Search & Seizure, Open Fields Doctrine

MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains, in the west central portion of Owyhee County, south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road. Over this road one can travel to Jordan Valley, Oregon, from Grandview, Idaho.From the Mud Flat road, a person enters the Mud Flat through the locked gate or through another, unlocked, gate. The unlocked gate is approximately 25 yards east of the locked gate. In July 1995, a number of persons, including *** Bennett, had keys to the locked gate. Near the south end of the field is a set of corrals. Defendant *** Tobias’ cabin is approximately a quarter mile east of the corrals. The cabin is not visible from the corrals. In the summer of 1995 the defendants Tobias and *** Black, were running cattle in the Mud Flat field and adjoining fields.Marmaduke Spring is located about a quarter mile west of the northwest end of the Mud Flat Field, over a saddle from the field. On July 21, 1995, an Idaho Air National Guard helicopter pilot, *** Brummett, flew a mission over the Owyhee Mountains. While flying over Marmaduke Spring, Brummett saw a number of dead cows. Brummett initially observed the cows from the air; he then landed his helicopter and inspected the cows on foot. Brummett found *** Bennett’s truck parked near the north end of the Mud Flat Field. The truck was approximately a quarter mile east and over a ridge from the dead cows and the spring. Bennett was not at his truck.Brummett left a note on *** Bennett’s truck after he inspected the cows. The note identified the location of the massacred cows. When Bennett came back to his truck and read the not e he walked over the hill to examine the cows. Because Bennett ran cattle on the ranch adjacent to and west of the Mud Flat Field, and had cattle in the area, he was afraid that the cows might have been his own. He found a number of swollen dead cows. What he saw caused him to leave and contact the Owyhee County Sheriff’s Office (OCSO). At approximately 6:00 p. m. on July 21, 1995 Bennett returned to the Mud Flat Field and Marmaduke Spring.He brought the Owyhee County Sheriff, Tim Nettleton, Owyhee County Sheriff’s Deputy Jim Bish and an Idaho Deputy Brand Inspector, Chuck Hall, with him. They got onto the Mud Flat field through the locked gate using Bennett’s key. They inspected the dead cows. The cattle had been shot through the head and were lying on their left sides or were on their bellies. Each had at least one ear removed and each had an 11 inch by 11 inch (approximate) patch of hide missing from the right shoulder; The significance of the removal of the ear is that a numbered (â€Å"Bangs†) tag is attached to the ear.The owner of cattle can be determined by the tag even if the brand is destroyed Some of the cows had bled. The cows were tentatively identified as *** King’s. Gordon King’s brand is a â€Å"Heart-K† on the right shoulder; exactly where the hide had been cut from the cows. The cows appeared to have had calves nurse them after they had been killed. After inspecting the cows, Bennett, Nettleton and Hall went to the Mud Flat Corral and found Tobias. They told him what they were doing and asked him whether he had seen anyone in the area during the past few days.He denied that he had. The following day, July 22, 1995, law enforcement officers, lab technicians and citizens returned to the Marmaduke Spring area to try to figure out what happened. During that day *** King found a Charolais cross calf in the Mud Flat Field. This calf had an open wound on its right shoulder from where a â€Å"Heart-Kà ¢â‚¬  brand had been skinned. The calf had a new â€Å"T-cross† brand on its left hip. Officers and cowboys found 12 skinned and rebranded calves during the next few days. Two calves were found in Tobias’ and Black’s Mud Flat Field.The remainder of the calves were found in an allotment Tobias and Black shared with their neighbors, the Colletts. Each calf had a chunk of hide missing from its right shoulder, some had new ear marks, and each had a new â€Å"T-cross† brand. Skin, hair and blood samples were taken from the skinned calves and the dead cows. The samples were sent to the Stormont Laboratory for DNA testing. The tests established that at least eight of the calves came from eight of the dead cows. An Idaho brand officer, Chuck Hall, was near the corrals and saw saddles in the back of Tobias’ pickup.On one saddle’s horn wrap Hall saw what appeared to be a fairly fresh spot of blood pressed into the wrap. Hall is an experienced cowboy and his opinion was that blood may have come from one of the cows or calves. Hall cut a small piece of leather containing the spot of blood off the saddlehorn wrap. Later, *** Black claimed that saddle. When asked at the preliminary hearing why he took the piece of leather, Hall said, â€Å"I saw it as evidence, and if I hadn’t taken it at that time I may not have ever seen it again. † (PH, p. 572. ) The leather and blood were sent to the Stormont lab.The lab determined that the spot was blood and that it came from one of the stolen calves. On July 21, when Nettleton first saw the dead cows and told Tobias about them, he saw the blood on Tobias’ pants. The following day Tobias was wearing the same pants. Nettleton decided, based on his experience as a cowboy and a hunter, that the blood pattern on the pants was unusual. It was not the pattern of blood as it usually appears on the pants of a cowboy, or a hunter. Blood on the pants of a hunter or cowboy will be wi ped on from wiping off either hands or knives or as specks from the spray of cut small arteries.The blood in this instance was smeared and soaked onto the thigh area of the pants and had dripped down onto the cuff area. Nettleton believed that the blood may have come from the cows and calves. He believed that the blood pattern came from Tobias’ having laid the skinned patches of cow and/or calf hide on his pants. The patches of hide from the cows and calves were never recovered. Near the end of the day of July 22, Nettleton approached Tobias and told him that he had probable cause, but did not want, to arrest him. Nettleton asked Tobias for his pants.Tobias asked Sheriff Nettleton what would happen if he did not give Sheriff Nettleton the pants and Nettleton replied that he would have to arrest him. Tobias consented to give up the pants. The pants were sent to the Stormont lab and DNA tests were performed on them. The tests showed that blood on the pants matched that from one of the dead cows. DEFENSE ARGUMENTS The arguments are set out in Tobias’ â€Å"Memorandum in Support of Defendant’s Pretrial Motions. † I. THE THRESHOLD MATTER BECAUSE TOBIAS HAS MADE NO SHOWING THAT HIS UNITED STATES CONSTITUTIONAL FOURTH AMENDMENT RIGHTS HAVE BEEN VIOLATED, THIS COURT SHOULD NOT CONSIDER HIS ARGUMENTS.As a threshold matter, this court must determine whether Tobias has standing to assert a violation of the 4th Amendment to the United States Constitution. In order to show standing Tobias must show that the search or seizure violated his own privacy, liberty or possessor interests. Rakas v. Illinois 439 U. S. 128, nt. 1, (1978); Smith v. Maryland, 442 U. S. 736, 740, 99 S. Ct. 2577, 2580, 61 L. Ed. 2d 220 (1979). Tobias has an obligation to demonstrate, by affidavit or testimony, that any of his privacy, liberty or possessor interests have been violated. Tobias has not shown either a subjective or objective expectation of privacy.The facts demon strate that Tobias and Black had little, if any, expectation of privacy in the Marmaduke Spring kill site, in the Mud Flat field, in the Mud Flat field corrals, in the open back of Tobias’ pickup truck, in the federal allotment that Tobias and Black shared with the Colletts, in the dead cows found near Marmaduke Spring, in King’s calf found in the Mud Flat field, in the running irons found at the Mud Flat field corrals, in the running irons and blood spot found on the saddle which was located in the open back of Tobias’ pickup truck at the Mud Flat field corrals, in the bloody pants that Tobias was wearing, in the calves found on the federal allotment that Tobias and Black shared with the Colletts, the Marmaduke Spring, the Mud Flat corral, the Mud Flat Field, or his pickup. Tobias has shown no ownership interest Marmaduke Spring. He has shown no violated privacy interest in the Mud Flat Field, or the Collett/Tobias/Black allotment. Tobias has not claimed an own ership interest in the evidence seized from the deceased cows, the calves or the saddle leather.Therefore, the court should not consider his arguments nor grant his motion to suppress regarding this evidence. II. THE MUD FLAT CORRAL SEARCH ARGUMENT THE MUD FLAT CORRALS WERE OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION BECAUSE TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THEM. The state will first analyze Tobias’ reasonable expectation of privacy in the corral area. The analysis of his interest in the Mud Flat field, the federal allotment that Tobias shared with the Colletts, and the Marmaduke Spring kill site, will be substantially the same. If the court finds that Tobias had no reasonable expectation of privacy in the corral area, then it should find that he had no reasonable expectation of privacy in the other areas.In order to determine if the Fourth Amendment applies, the court has to determine if the person objecting to the search or seizure has a reasonable exp ectation of privacy in the place searched or the thing seized (because if there is no reasonable expectation of privacy violated there is no search or seizure), if there was a search or seizure, if the state was involved, and, finally, if an exception applies. Should this court consider Tobias’ search and seizure claims it should consider that the facts show diminished and missing subjective and objective expectations of privacy. The Fourth Amendment prohibits only those searches and seizures that are â€Å"unreasonable. While the appellate courts presume that warrantless searches are unreasonable, the state rebuts this presumption when it demonstrates, by a preponderance of the evidence based on the totality of the circumstances, that the search was reasonable. The state can also rebut the presumption when it shows that the search came under one of the exceptions to the warrant requirement. In other words Tobias must show that he had a reasonable expectation of privacy whic h was violated. A. Open Fields The Fourth Amendment â€Å"protects people, not places. What a person knowingly exposes to the public, even in his home or office, is not a subject of Fourth Amendment protection. † Katz, 389 U. S. at 351.The person must have an actual, or subjective, expectation of privacy, and the expectation must be one that society will recognize as reasonable. Katz, 389 U. S. at 361. Federal courts have consistently held that there is no constitutionally protected privacy interest in the area outside of the curtilage a home. In Hester v. United States, 265 U. S. 57 (1924), federal agents entered onto Hester’s lands looking for, and finding, his illegal still. The court held that the Fourth Amendment did not protect open fields. The Court reiterated that holding in Oliver v. United States, 466 U. S. 170 (1984), and United States v. Dunn, 480 U. S. 294 (1987).In Oliver, the officers acted on anonymous tips, ignored â€Å"no trespassing† signs, a nd found secluded marijuana fields on private land. The Supreme Court again held that open fields do not provide the setting for those intimate activities that the Fourth Amendment is intended to shelter from government interference or surveillance. Therefore, there is no reasonable expectation of privacy, even though the police are trespassers in the unprotected areas. In Dunn narcotics officers trespassed onto Dunn’s farm. They climbed over fences and crossed open fields. They avoided the house but went to the barn and other outlying structures. They crossed over more fences and looked inside, but did not go inside, the barn.The Supreme Court said there was no Fourth Amendment protection in the area where the trespass occurred. The Court discussed curtilage concepts and factors such as distance from the residence, enclosures surrounding the residence, the uses to which the area was being put, and owner’s efforts at concealment. It then ruled that the open fields doct rine applied. Although the Idaho appellate courts have found the federal definition of curtilage unduly restrictive, they nevertheless analyze curtilage similarly. In State v. Kelly, 106 Idaho 268 (Ct. App. 1984) and State v. Young, 107 Idaho 671 (Ct. App. 1984), the appellants asked the court to examine Oliver‘s effect on Katz and Hester. The court of appeals declined to do so.The court did not agree with the appellants that the evidence should have been suppressed. The court also examined the federal cases in relation to Idaho’s constitutional law. It decided the cases by determining that the defendants had exhibited no reasonable expectation of privacy. In Kelly, the court commented that the officers seized the marijuana after going over the defendant’s insubstantial barbed wire fence. The court also noted there was no evidence of â€Å"no trespassing† signs. In Young, the court said that while the officers had initially encountered a gate, a fence and â€Å"no trespassing† signs, they had walked around them to an area where there were no signs, gates or fences.The officers then entered Young’s land and saw the marijuana. Tobias, in his brief, implies that under no â€Å"stretch of the imagination† can the search at the Mud Flat corrals be justified. He suggests that the Mud Flat corrals are within the curtilage of his cabin and are immediately adjacent to his cabin. (Deft’s Mem. , p. 7. ) To support the argument, he cites a number of other state courts as having held that corrals â€Å"are within the constitutionally protected ‘curtilage’ of a farmhouse. † (Deft’s Mem. , p. 8. ) To suggest that corrals are by definition within the curtilege of a house is to expand the definition of curtilage beyond Idaho law.Curtilage: encompasses the area, including domestic buildings, immediately adjacent to a home which a reasonable person may expect to remain private even though it is acc essible to the public. State v. Cada, supra; State v. Clark, 124 Idaho 308 (Ct. App. 1993); State v. Rigoulot, 123 Idaho 267 (Ct. App. 1992), emphasis added. It is clear from the photographs and from the preliminary hearing testimony that the corrals are not †immediately adjacent to a home. † Clearly, the corrals are not located within â€Å"a small piece of land† around the cabin. (See attached photograph. ) Tobias’ cabin is concealed from the corrals. There is a tree-covered ridge isolating the cabin from the corrals.Tobias’ cabin sits below the ridge. His cabin is approximately a quarter mile from the corrals. The corrals are not part of a barnyard immediately adjacent to a home. Their association with the cabin is that they are along the road leading to the cabin. The road ends and the path to the cabin begins, near the corrals. While the corrals are not clearly visible from the Mud Flat Road, they are easily seen from the road that goes through the Mud Flat field and on to Bennett’s ranch. There are no special fences that set the corrals and the cabin apart from the rest of the Mud Flat field. The corrals are within sight of, and on the edge of, the Mud Flat field.The corrals are presumably used for the livestock within the Mud Flat field. As can be seen in the attached photograph, many paths lead to the corrals. Both in use and location, the corrals are more closely associated with the Mud Flat field than with Tobias’ cabin. It is fair to characterize the corrals as outside the area that â€Å"a reasonable person may expect to remain private,† therefore outside the area included in the cabin’s curtilage, and therefore outside the area of Fourth Amendment protection. B. Plain View However, if the court includes the Mud Flat corrals within the curtilage of Tobias’ cabin, that does not mean that the corrals are protected by the Fourth Amendment.In Rigoulot the court concluded that observati ons made by persons â€Å"restricting their movements to places ordinary visitors could be expected to go were not protected by the Fourth Amendment. † Rigoulot at 272. The Mud Flat corrals are located near the south end of the Mud Flat Field. They are approximately one-half mile north of the Mud Flat Road, out of sight, to the west, and over a ridge (or around a draw) from Tobias’ cabin. A person driving along Mud Flat Road cannot see either the Mud Flat Corrals or Tobias’ cabin. A person who enters the main gate at the Mud Flat Field follows a dirt road north to where it splits. One fork continues in a north, north-west direction. This fork continues off Tobias’ property and onto Bennett’s property.The other fork continues north for a way then t curves east around a hill toward the corrals. This fork ends just beyond the corrals. In order to get to Tobias’ cabin, a person has to travel along the road to the corrals, then the remainder of t he way on foot. The state’s position is that if the corrals are included within the cabin’s curtilage , then they are in an area that visitors would normally go. These visitors include police officers coming onto the property to â€Å"conduct an investigation or for some other legitimate purpose. † Id. In summary, because the officers were not in a place protected by the Fourth Amendment, their search was not improper. III. THE MUD FLAT FIELD SEARCH ARGUMENTTOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT FIELD BECAUSE THE FIELD IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in the Mud Flat Field corrals. On July 22, after the officers were finished or nearly finished gathering evidence from King’s dead cows, Gil King was heading away from the Marmaduke Spring area. He was going to load his motorcycle into a truck and leave. As he was leaving and while near Bennett’s truck near the Johnson Reservoir, he saw the Charolais calf that â€Å"had a big ol’ patch of hide missing off its side. † (PH, p. 389. The calf was herded to the Mud Flat Field corrals and examined. This calf had skin removed off its right shoulder, where a â€Å"Heart-K† brand had been, and a new â€Å"T-cross† brand on its left hip. Tobias claimed the calf. Based on the above law and arguments regarding Tobias’ expectation of privacy in the Mud Flat Field corrals, and the fact there should be a progressively decreasing reasonable expectation of privacy as one gets further away from the cabin, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence gathered in the Mud Flat Field (the Charolais calf). IV. THE MARMADUKE SPRING KILL SITE SEARCH ARGUMENTTOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MARMADUKE SPRING BECAUSE IT IS OUTSIDE THE AREA OF FO URTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in the Mud Flat Field corrals. Considering the facts, and the above stated law and argument, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence gathered at the Marmaduke Spring. V. THE COLLETT/TOBIAS & BLACK ALLOTMENT SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE COLLETT/TOBIAS ALLOTMENT BECAUSE THE ALLOTMENT IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION.The law governing this area of search and seizure is set out above in the argument regarding the Mud Flat corrals search. On July 23rd, a number of cowboys and officers road through the Collett/Tobias allotment and found 11 calves. The calves were found in the area of the allotment furthest from Tobias’ cabin. The calves had new â€Å"T cross† brands, new ear marks and had a chunk of hide skinned off their right shoulders. Subsequent DNA tests showed that most of the calves came from the dead cows. The Collett/Tobias allotment is a section of land lying adjacent to and east of the Mud Flat field. The allotment is also adjacent to and east of Collett’s private land. It is adjacent to and south of land on which the Kings ran cattle.In July 1995 two ranchers (Tobias and the Collett family) leased the grazing rights from the Bureau of Land Management; on July 22nd both had cattle on the land. Each would ride the allotment to check their cattle. There were fences to keep the cattle in, there were no â€Å"no trespassing† signs. There is no indication that intimate family activities such as those protected by curtilage concepts occurred on the land. Because Tobias had no reasonable expectation of privacy in the Collett/Tobias allotment, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VI.THE CONSENT TO SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT CORRAL, THE MUD FLAT FIELD, MARMADUKE SPRING OR THE FEDERAL ALLOTMENT BECAUSE THE OFFICERS HAD EITHER REAL OR APPARENT PERMISSION TO BE ON THE PROPERTIES. The officers had reason to believe that either Bennett or Tobias had consented to their presence at the Mud Flat corrals search and that either Bennett or Tobias had the authority to consent to their presence. Consent must be shown to be free and voluntary and not a result of duress or coercion, either direct or implied. State v. Aitken, 121 Idaho 783 (Ct. App. 1992), citing Schneckloth v. Bustamonte, 412 U. S. 18 (1973): As long as the police officer reasonably believes that the person giving consent to a warrantless search has the authority to consent, the search is valid and the defendant’s right against unreasonable searches and seizures pursuant to the Fourth Amendment to the United States Constitution and art. 1,  § 17 of the Idaho Constitution is not violated, even though the consenter has no actual authority to consent. State v. McCaughey, 127 Idaho 669, 904 P. 2d 939, (1995). The state must show the voluntariness of consent by a preponderance of the evidence; and the voluntariness of consent is to be determined in light of all of the circumstances. State v. Aitken, supra; State v. Rusho, 110 Idaho 556 (Ct. App. 1986). A number of people had access to the Mud Flat field and the Mud Flat corrals. Tobias allowed local people access to his fields. Tobias provided an access key to Bennett.Bennett notified OCSO of the dead cows and brought officers to look at the cows. Bennett used his key to unlock the gate on July 21st when he brought officers to look at the cows. Bennett gave the officers his key so that they could return to the field the following day. Tobias talked to state officers at his corrals and made no objection to their presence on July 21st. He knew on July 21st that state of ficers were going to return July 22nd and made no objection. Tobias was present at the Marmaduke Spring when officers returned July 22nd and he watched the work that they were doing and he did not object to their presence. Tobias watched them while they gathered evidence from the cows.He was present when the Charolais calf was found in the Mud Flat field and knew that the calf was going to be driven to the Mud Flat field corrals. He was present at the corrals when the officers were looking at the Charolais calf and when they seized the piece of leather from the saddle in his pickup. Officers talked to Tobias at Marmaduke Spring and at the Mud Flat corrals. Tobias only questioned the officers about their authority to seize his pants. Officers only seized his pants after gathering evidence from the dead cows, after finding the Charolais calf with a patch of hide missing from its shoulder and with new ear marks and a new â€Å"T cross† brand, which Tobias claimed as his own.Tobi as & Black may not have been present when the calves were found in the Collett/Tobias & Black allotment. Tobias and Black had a diminished expectation of privacy as they shared the allotment with the Colletts and the Colletts allowed cowboys and state officers to search the allotment. At no time did Tobias, the alleged owner of the property, object to the officers’ presence and the only time he questioned their actions was when they seized his pants. Considering all of the circumstances, including custom in the area, it is fair to say that the officers thought they had Tobias’ permission to be at the corrals when he knew that they were going to be there, he accompanied them, and expressed absolutely no disapproval to their presence.The law of consent is clear that, â€Å"[w}here two persons have equal rights to the use or occupation of premises, either may give consent to a search, and the evidence thus disclosed can be used against either. † State v. Huskey, 10 6 Idaho 91 (Ct. App. 1984), citing United States v. Sferas, 210 F. 2d 69, 74 (7th Cir. ). The co-tenants, the Colletts, could give the officers permission to search the allotment for King’s calves. The officers searched the allotment with the permission of the co-tenants, the Colletts. The state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VII.THE MUD FLAT CORRAL SEIZURES ARGUMENT IT WAS PERMISSIBLE FOR HALL TO SEIZE THE LEATHER CONTAINING THE BLOOD SPOT AND THE CINCH RINGS (RUNNING IRONS) THAT HE SAW ON BLACK’S SADDLE IN THE OPEN BACK OF TOBIAS’ PICKUP TRUCK Assuming, without conceding, that Tobias has standing to challenge the seizure from Tobias’ pickup truck, the state’s position is that Hall could seize the thumbnail sized piece of leather and the running irons under either the plain view doctrine or the moving target doctrine. Hall seized the cin ch rings and piece of leather because he was investigating the killing of the cows and rebranding of the calf and believed that both items were evidence.On Saturday, July 22, 1995, while the officers were at the Mud Flat corrals trying to figure out the situation with the Charolais calf, Hall observed a saddle in the uncovered back of Tobias’ pickup truck. The saddle belonged to *** Black. Black was not present at the corrals. On the saddle there were two blackened cinch rings and a spot of blood on a piece of leather. Anyone present could have looked into the back of the pickup and seen the saddle, the cinch rings and the blood spot. The overall circumstances indicated that large chunks of hide were cut from cows and at least one calf. The calves were alive when their hide was cut off their shoulders. It is reasonable to infer that the calf would have bled.Chuck Hall, from the state Brand Inspector’s office and an experienced cowboy, observed Black’s saddle and saw the blood spot on the saddle horn wrap. It was apparent to Hall that the blood spot was unusual both in the location and how it was pressed into the wrap. Hall cut the thumbnail sized piece of leather off the saddle horn wrap. Hall seized the rings. It was apparent to Hall that the cinch rings had illegally been used as running irons. A. The Plain View Doctrine. Hall’s seizure of evidence from the pickup truck was permissible under the plain view doctrine. The court in State v. Clark, 124, Idaho 308, 311 (Ct. App. 1993), (citing Horton v. California, 496 U. S. 28 (1990)), set out the standard: (1)The officer must lawfully make an initial intrusion or otherwise properly be in a position to observe a particular area, and (2) it must be immediately apparent that the items observed are evidence of a crime or otherwise subject to seizure. The â€Å"immediately apparent† requirement is â€Å"met when an officer has probable cause to believe that the item in question is associated with criminal activity. † State v. Claiborne, 120 Idaho 581 (1991), citing Texas v. Brown, 460 U. S. 730 (1983). An officer is allowed to â€Å"draw reasonable inferences based on his training and experience. † State v. Tamez, 116 Idaho 945 (Ct. App. 1989). Multiple officers at a scene may make reasonable inferences based on their collective knowledge. United States v.Newton, 788 F. 2d 1392 (8th Cir. 1986). Here, Hall was properly on the property either because of actual or implied consent, or because he was in an â€Å"open view† area at the corrals. When Hall saw the blood spot on the saddle horn he recognized it to be evidence. (PH, p. 572. ) He then seized a small section by cutting it off the saddle horn. Because the cinch rings and the blood spot were open to public view and because Hall had probable cause to believe that they were contraband and prima facie evidence of a crime, the state respectfully requests that this court deny the defendantà ¢â‚¬â„¢s motion to suppress these items. B. The Moving Target DoctrineFurther supporting Hall’s decision to seize the cinch rings and the leather piece is the fact that they were located in a motor vehicle: The guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment [recognizes] a necessary difference between a search of a store, dwelling house or other structure†¦ and a search of a ship, motor boat, wagon or automobile†¦ [since] it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought. Carroll v. United States, 267 U. S. 132, 152 (1925). The United States Supreme Court explained this doctrine in Chambers v. Maroney, 399 U. S. 2, 52 (1970): For constitutional purposes, we see no difference between, on the one hand, seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out the immed iate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment. When Hall seized the running irons, he believed they had been used as running irons to draw on brands. He knew that it was illegal to possess running irons and, as such, they were contraband. It appeared that someone had drawn the â€Å"T-cross† brand on the Charolais calf with a running iron. He also knew that someone had killed 11 cows and that someone had cut a patch of hide off their right shoulders.He knew that someone had cut a patch of hide off the Charolais calf’s right shoulder and that someone had changed its ear mark by cutting the ear. From his experiences as a cowboy he knew that the cows and calf would have bled. He knew from his experience as a cowboy that the blood on the saddle wrap was unusual in the location and in the manner that it was pressed into the wrap. He recognized the blood as evidence and was afraid that he would not see i t again if he did not seize it then. The seizure of the blood spot from the saddle horn wrap is similar to the seizure that occurred in Cardwell v. Lewis, 417 U. S. 583 (1974). In Cardwell, officers investigating a murder examined a tire and took paint scrapings from the defendant’s car. The car was located in a public parking lot.In the court’s opinion the officers did not infringe on any reasonable expectation of privacy. A similar case is New York v. Class, where an officer reached into a motor vehicle to move papers on the dashboard. The papers were covering a VIN. When the officer moved the papers he saw and seized a gun. The court upheld the search as the defendant did not have a reasonable expectation of privacy in the VIN, the officer had a right to see the VIN, therefore, he had a right to move the papers. In United States v. Ferri, 778 F. 2d 985 (3rd Cir. 1985), the court held that a person had no reasonable expectation of privacy in his shoes (and their sole s).The above cases are based on the Katz reasoning that the Fourth Amendment does not apply to the exteriors or interiors of items open to the public view. Because the cinch rings and the blood spot were located within a mobile vehicle and because Hall had probable cause to believe that they were contraband and evidence of a crime, the state respectfully requests that this court deny the defendant’s motion to suppress these items. CONCLUSION For the above stated reasons the state respectfully requests that this court deny Tobias’ motion to suppress. ——————————————– [ 1 ]. The access to *** Bennett’s ranch is by a road that goes through the Mud Flat Field.The Bennett family has used the road through the Mud Flat Field to get to their property to the north and west since at least 1948 when Mud Flat was owned by Elmer Johnston. Since then the property has been o wned by *** Steiner, *** Steiner and *** Tobias. (see Preliminary Hearing (PH) Tr. , p. 12. ) [ 2 ]. Near a water hole, *** King’s son, *** King, had fed potato chips to one of the cows on July 13, 1995. [ 3 ]. The â€Å"T-cross† brand was the registered brand of Tobias’ partner, *** Black. Tobias has two brands registered in Idaho, one is a â€Å"46,† the other is an â€Å"‘F’ hanging ‘J. ’† [ 4 ]. Other Tobias and Black cow/calf pairs were in the fields where the newly branded â€Å"T-cross† calves with the chunks of hide missing were found.The cows were branded with Tobias’ â€Å"46,† their calves were branded with Black’s â€Å"T-cross. † [ 5 ]. The cows’ ears were never found. [ 6 ]. The court in State v. Cada, 129 Idaho 224 (Ct. App. 1996), established that Idaho will not follow the Dunn analysis regarding enclosure and visibility to passersby. [ 7 ]. â€Å"Curtilage† refers to a small piece of land not necessarily enclosed, around a dwelling house, generally including buildings used for domestic purposes in the conduct of family affairs. Ferrel v. Allstate Insurance Co. , 106 Idaho 696 (Ct. App. 1984). [ 8 ]. Approximately one quarter mile. [ 9 ]. Approximately 2 miles from Tobias’ cabin. [ 10 ]. The brand was actually registered to his partner, *** Black. [ 11 ].This point does not even examine the question of whether one can have a reasonable expectation of privacy in someone else’s cows. [ 12 ]. The Collett/Tobias allotment is approximately five miles long and varies from approximately one mile wide to over two miles wide, so it cannot equate to a premises. [ 13 ]. Also known as the Carroll Doctrine. [ 14 ]. Idaho Code sec. 25-1903 states that, â€Å"any person who uses, or has, or keeps in his possession, any running branding iron, tool, or instrument used by him for running a brand on any livestock†¦ is guilty of grand l arceny†¦. [T]he possession of such iron or instrument is prima facie evidence of guilt. † [ 15 ]. The seizure of the pants is also similar, as both were items held out to public view.

Cloud Computing Essay

Is cloud computing a new rage, just a fad, a nebulous idea or a far-reaching trend? Cloud computing has become a buzz word in working and learning environments around the globe. Newsstands and Internet pages everywhere are inundated with articles, whitepapers and websites dedicated to defining the many facets of cloud computing such as hosting a website on the cloud, building a cloud infrastructure, cloud security, vulnerabilities, capabilities, pros and cons and cost. IEEE.org (IEEE CLOUD COMPUTING) has dedicated pages on their website to reference nothing but articles of interest and white papers surrounding cloud computing. The barrage of information can be daunting. Jon Oltsik (Oltsik) eloquently discusses industries’ bewilderment with cloud computing when he writes: When discussing cloud computing, I often think of Joni Mitchell’s haunting lyrics from the song,Both Sides Now (jonimitchell.com). In Mitchell’s world, clouds can be wonderful â€Å"ice cream castles in the air† or annoying disturbances that â€Å"only block the sun.† This duality prompts Mitchell to declare, â€Å"It’s clouds illusions I recall, I really don’t know clouds at all.† Joni’s cloud confusion mirrors current industry bewilderment over cloud computing. Like many other industry initiatives, cloud computing has a number of meanings.   Finally, industry confusion is no more. A guideline has been prepared by the National Institute of Standards and Technology (NIST). NIST is responsible for developing standards and guidelines, for all agency operations and assets for use by Federal agencies. In the guideline entitled, The NIST Definition of Cloud Computing, cloud computing (Mell and Grance) is defined as follows: A model for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction. This cloud model is composed of five essential characteristics, three service models, and four deployment models. In the guideline, NIST goes on to define the essential characteristics of cloud computing which include: On-demand self-service – where consumers access computing capabilities automatically without interaction with the cloud provider. Broad network access – where the ability to use common computing devices such as mobile phones, tablets, laptops, and workstations over the network is easy and accessible. Resource pooling – the provider is able to dynamically meet the computing resource needs of the customers no matter the demand. Rapid elasticity – computing capabilities appear to be unlimited to the customer and can be appropriated in any quantity at any time. Measured service – metering capabilities automatically control and optimize resource use (e.g., storage, processing, bandwidth, and active user accounts). Monitoring, controls, and reporting are provided for both the provider and consumer of the utilized service. Microsoft offers a variety of cloud solutions for businesses and individuals. My favorite Microsoft solution is called One Drive (Microsoft), a solution to provide any user any time free online storage to share and store online pictures, video, documents in one place online. Simply create an online email account with Microsoft and through that account you can access all the tools you need to perform essential functions for work, home and play. One place for everything you need in your life. Google also offers a similar package called Google Drive (Google Drive). Google Drive’s slogan is – One safe place for all your stuff. Upload photos, videos and any documents that are important to you. Google Drive also offers free blog and wiki sites for any user, any time, any place. Use most any device with Internet access to create a place to share thoughts and ideas. Google Drive access begins just like Microsoft’s One Drive with the creation of a Google email account. Of course, one of the primary focuses is cloud computing for businesses. Hundreds upon hundreds of businesses are jumping on the band wagon to help businesses migrate from traditional networking to cloud computing. Is cloud computing here to stay? I would say, definitely, YES! Although cloud computing may not be for all businesses, it is available for both large scale and smaller businesses. I personally worked for a startup electrical business where I created cloud capabilities where technicians up and down the east coast could login remotely using a laptop or smartphone and enter time worked onto timesheets, collaborate with the home office, retrieve  technical documentation on the road and accept payment from customers on demand. Cloud computing seems to be a niche market at the moment and served well the small startup business from whom I worked. As for larger established enterprise networks, I believe they may not yet be ready to jump on the band wagon. I also worked for a lar ge corporation supporting a federal agency and they are not yet ready to migrate. It is a possibility cloud computing may be an answer in the future but as of today, the federal agency I supported, is not yet ready for cloud computing. Works Cited Google Drive. March 2014. 2 March 2014 . IEEE CLOUD COMPUTING. Cloud Computing Research Articles, Periodicals, & Technical Papers. December 2013. 28 Febraury 2014 . jonimitchell.com. Both Sides Now and The Circle Game. 21 January 1968. 2 March 2014 . Mell, Peter and Timothy Grance. The NIST Definition of Cloud Computing. September 2011. 25 February 2014 . Microsoft. One Drive. 2014. 28 February 2014 . Oltsik, Jon. Nebulous cloud computing. 17 December 2008. 28 February 2014 .

CyberCrime Law Essay

The Cybercrime Law of the Philippines (also known as the Cybercrime Prevention Act of 2012 or Republic Act 10175) is a newly-signed act that gives us a true legal tool to combat cybercrime. A better definition is given by a press release from the Senate, a part of which says, â€Å"The Cybercrime Prevention Act lays down a comprehensive legal framework for the detection, investigation, and suppression of cybercrimes†¦Ã¢â‚¬  The Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012, is an act that defines and punishes cybercrime to prevent and suppress its proliferation. It aims to effectively prevent and combat misuse, abuse and illegal access of the Internet by facilitating their detection, investigation, arrest and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. To formulate and implement a national cyber security plan, a Cybercrime Investigation and Coordinating C enter (CICC) will be created under the administrative supervision of the Office of the President. This Act is authored by Reps. Susan Yap (2nd District, Tarlac), Eric Owen Singson, Jr. (2nd District, Ilocos Sur), Marcelino Teodoro (1st District, Marikina City) and Juan Edgardo Angara (Lone District, Aurora). Other authors of the bill are Reps. Gloria Macapagal-Arroyo (2nd District, Pampanga), Diosdado Arroyo (2nd District, Camarines Sur), Carmelo Lazatin (1st District, Pampanga), Rufus Rodriguez (2nd District,Cagayan de Oro City), Maximo Rodriguez, Jr. (Party-list, Abante Mindanao), Mariano Michael Velarde and Irwin Tieng (Party-list, BUHAY), Romeo Acop (2nd District, Antipolo City), Bernadette Herrera-Dy (Party-list, Bagong Henerasyon), Anthony Rolando Golez (Lone District,Bacolod City), Juan Miguel Macapagal-Arroyo (Party-list, Ang Galing Pinoy), Ma. Amelita Calimbas-Villarosa (Lone District, Occidental Mindoro), Antonio Del Rosario (1st District, Capiz), Winston Castelo (2nd District, Quezon City), Eulogio Magsaysay (Party-list, AVE), Sigfrido Tinga (2nd District, Taguig City) , Roilo Golez (2nd District, Paraà ±aque City), Romero Federico Quimbo (2nd District, Marikina City), Mel Senen Sarmiento (1st District, Western Samar), Cesar Sarmiento (Lone District, Catanduanes), Daryl Grace Abayon (Party-list, Aangat Tayo); Tomas Apacible (1st District, Batangas), Jerry Treà ±as (Lone District, Iloilo City), Joseph Gilbert Violago (2nd District, Nueva Ecija), Hermilando Mandanas (2nd District, Batangas), Ma. Rachel Arenas (3rd District,Pangasinan) and Ma. Victoria Sy-Alvarado (1st District, Bulacan) The newly approved law aimed at combating cybercrimes has been met with mixed reactions from the public and private sectors. This Prevention Act is a boon for local firms, particularly in the information technology sector, business groups said. Other groups meanwhile warned that the new law threatens Filipinos’ freedom of expression as well as freedom of information. But what does the anti-cybercrime law mean for the ordinary Filipino citizen? Most if not all of the offenses in the law are already crimes punishable under the Revised Penal Code. Commenting on the new law, Information and Communications Technology Association of the Philippines (ITAP) President Dondi Mapa said: â€Å"It’s not a matter of identifying new crimes but only recognizing that existing crimes now happen in a new environment.† The anti-cybercrime act itself notes under its declaration of policy that it is the state’s mechanism to adopt â€Å"sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution.† The law categorizes cybercrimes into three: (1) offenses against the confidentiality, integrity and availability of computer data and systems; (2) computer-related; or (3) content-related offenses. Illegal access to computer systems, illegal interception of data, data or system interference, as well as misuse or computer systems or data belong in the first category. Also in the same group is â€Å"cyber-squatting,† which involves the acquisition of a domain name â€Å"in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same.† In case of businesses, these may include the use of a domain name â€Å"similar, identical, or confusingly similar† to registered trademarks. But businesses are not the only targets of â€Å"cyber-squatters,† as the law also covers the use of personal names â€Å"identical or in any way similar with the name of a person other than the registrant.† Computer-related offenses, meanwhile, include the input, alteration or deletion of any computer data with the intent of forgery, fraud or identity theft. On the other hand, cybersex, defined under the law as the willful engagement in online sexual activities, is included in content-related offenses. Child pornography is another content-related offense in the law. The anti-cybercrime act notes that punishment to child pornography committed through a computer system will be one degree higher than the sanctions in the Anti-Child Pornography Act. Also named a content-related offense is the sending of unsolicited communication which advertise or sell products or services. Punishable acts Offenses punishable under Cybercrime Prevention Act are: * Offenses against the confidentiality, integrity and availability of computer data and systems 1. Illegal access to the whole or any part of a computer system without rights 2. Illegal interception of any non-public transmission of computer data to, from, or within a computer system 3. Data interference such as alteration, damaging, deletion or deterioration of data without rights, including the introduction or transmission of viruses 4. System (computer or computer network) interference 5. Cyber-squatting or the acquisition of a domain name over the Internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same 6. Misuse of devices * Computer-related offenses 1. Computer-related forgery (input, alteration, or deletion of data) without rights resulting in inauthentic data, with the intent that it be considered or acted upon for legal purposes as if it were authentic 2. Computer-related fraud (input, alteration, or deletion of data or interference in the functioning of a computer system) causing damage 3. Computer-related identity theft or the acquisition, use, misuse, transfer, possession, alteration or deletion of the identifying information of another person * Content-related offenses 1. Cybersex or the engagement, maintenance, control, or operation of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system 2. Child pornography or the unlawful acts as defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009 committed through a computer system 3. Unsolicited commercial communications which seek to advertise, sell, or offer for sale products and services 4. Libel or unlawful acts as defined in Article 355 of the Revised Penal Code * Others 1. Aiding or abetting in the commission of cybercrime 2. Attempt in the commission of cybercrime Penalties * Any person found guilty of committing cybercrime acts enumerated in the first two groups shall be punished with prisons mayor, or serving of six years and one day to twelve12 years in prison, or a fine of at least PHP 200,000 up to PHP 500,000. * A person found guilty of committing punishable acts enumerated in the first group shall be punished with reclusion temporal, or serving of 12 years and one day to 20 years in prison, or a fine of at least PHP 500,000 up to the maximum amount in proportion to the damage incurred, or both. * A person found guilty of committing cybersex shall be punished with prisons mayor, or serving of six years and one day to 12 years in prison, or a fine of at least PHP 200,000 but not exceeding PHP 1,000,000, or both. * A person found guilty of committing child pornography shall be punished with the penalties enumerated in the Republic Act No. 9775 or the Anti-Child Pornography Act of 2009. * A person found guilty of committing unsolicited commercial communications shall be punished with arrest mayor, or serving of one month and one day to six months, or a fine of at least PHP 50,000 but not exceeding PHP 250,000, or both. * A person found guilty of committing other offenses enumerated in the last group shall be punished with imprisonment one degree lower than that of the prescribed penalty for the offense, or a fine of at least PHP 100,000 but not exceeding PHP 500,000, or both. Unfortunately, questions remain over the constitutionality of the law. It doesn’t help that there are people who still think they can use the law, especially a judge in Nueva Vizcaya who had an anti-mining protestor jailed over the basis of cyber libel, one of the crimes made punishable by the controversial act. But what â€Å"crimes† specifically does the suspended law target? Someone asked me for a breakdown of what is (or isn’t allowed) by the Cybercrime Law. Hereâ€℠¢s a layman’s version of what the law entails, which I call: The 10 Commandments of the Cybercrime Law of the Philippines. 1. You shall only say nice things on the Internet–This is the main fault attributed to the law: It’s a violation of the Freedom of Expression with its cyber libel provision. Thanks to this provision inserted â€Å"without knowledge† by most of the lawmakers, if you say something bad against certain people on the Internet, you can be charged in court. What’s more, according to Bayan Muna Representative Teddy Casià ±o, this not only applies to statements you make on the Internet but also on smartphones or with any device you use to access the Internet. So yes, this covers texting. 2. You cannot tell the Truth, whether joking or seriously, if it hurts someone–In relation to the 1st Commandment, regardless if you state a fact or you use satire or sarcasm or even say something in a joking tone on the ‘net, you can still be held liable for cyber libel for impugning against another person’s supposed dignity as per the anti-libel law of the Re vised Penal Code. 3. What you say can be held against you forever–According to online legal expert Atty. JJ Disini, because of the nature of your online posts, anything you posted years ago that are still live today can be still held against you in a court of law. 4. What you like can also be held against you–In relation to the 3rd Commandment, liking a FB post can be considered as abetting libel. Retweeting a probably libelous tweet might be covered here as well so be warned. 5. The government now has the power to take down your Internet–Thanks to the power given by the law, the Department of Justice, together with its arms in the National Bureau of Investigation and the Philippine National Police have the power to order the shutdown of Web sites if there is prima facie evidence of violation of the law–even without a court warrant. 6. Your Internet is required to compile evidence against you–In relation to the 5th Commandment, Internet service providers are now requ ired to keep their data for six months after which they can be forced to keep it for six more months if authorities request it. 7. You can be punished more harshly for online crimes than for real life crimes–Thanks to the wording of the law, punishment for those charged with this law is â€Å"one degree higher† than that provided for in the Revised Penal Code. Because of this, if you’re charged with online libel, you can be fined a million bucks or spend 12 months in jail. 8. You must trust the government to do the right thing in implementing the law–The government refuses to budge on this law, saying the public should trust them to come up with the proper Implementing Rules and Regulation to ensure that there won’t be abuses of the law despite the vague wording. This after the some of the lawmakers who signed the law admitted they had no idea what had gone into the law. 9. The law shall apply to all Filipinos wherever they are–Just because you think you’re not in the Philippines, you can escape jurisdiction from this Philippine law. Think again: this law has universal jurisdiction. Even your electronic devices that are situated (or even partly) in the Philippines are under jurisdiction under this law. 10. The law doesn’t really protect you–Supposedly it goes after identity-theft. However, because of the heavy provisions against online libel, a hacker can take over your account and post libelous stuff, and then pull out. From the safety of distance, he can watch the fireworks fly as the government screws you over. So yes, it can protect industries and the rich and powerful, just not you. Of course there are other issues over this law. One is that the basis for its cyber libel provision is the antiquated anti-libel law in the Philippines (which the United Nations pointedly reiterates as violating respect for freedom of expression). And there lies the irony of this law: In trying to implement tighter data security and prevent cybercrime laws like cybersex and child pornography in the country, the Philippines are using vague language like a sledgehammer to go after cybercriminals. Unfortunately, the government doesn’t seem to have any idea of the power of words–whether specific or vague–and how dangerous they can become when implemented as laws.

Innovation & Risk Assignment Example | Topics and Well Written Essays - 3000 words

Innovation & Risk - Assignment Example (Chevron Corporation, 2014). In terms of functionality, this organisation can be stated to be dealing with every possible aspect of the oil and natural gas exploration along with production. Chevron Corporation also deals with aspects regarding generation and harvesting of geo-thermal energy along with manufacturing of industrial grade chemical product, which gives it a competitive advantage over other players which are relied upon the extraction and refining of crude oil sources (Young, 2012). Apart from these, the oil manufacturing giant has also been facing issues, which in turn can be linked up with other aspects such as environmental degradation, incapability of meeting the increasing power demand and deterioration of the climate within that geographical area in which it is operational. Therefore, taking into consideration these issues, Chevron Corporation will have to bring about innovation within its functionality and manufacturing procedure, which in turn will ensure the growth opportunity of this oil m anufacturing giant within multiple domestic and international markets in the long run (Young, 2012). In this provided context, steps to protection of the surrounding environment can be considered as the background of the strategic innovation within the corporation. This entire report has been structured by taking into consideration the secondary available data including websites, online journals and news articles. Additionally, the scope of this analysis will be stretched to multiple areas, which are related to fuel production and power generation. The details of these mentioned analysis has been elaborated in the discussion section (Helman, 2013). Chevron Corporation, being the third rank holder within the fortune 500 companies in the year 2013, still face the risk of losing its ground if the legal charges against the environmental degradation done by

Deaf-Hearing Chart Sample Article Example | Topics and Well Written Essays - 500 words

Deaf-Hearing Chart Sample - Article Example However, their ability to acquire visible-gesture communication is much greater. This shows that the common ancestors of chimpanzees and humans had a substantial capacity for communication with visible gestures. The evolution of grammar and syntax is explained by the authors using semantic phonology. In this concept, hands are prototypical nouns, and their actions are prototypical verbs. When this hand acts on the other hand, the second hand acts as the object. The modern sign languages originate in societies when certain conditions are present; among a group of deaf people, and in situations where speaking is prohibited or impossible (p. 312). Some examples are French Sign Language (FSL), American Sign Language (ASL), and Nicaraguan Sign Language (NSL) (p. 313). However, whether this ability to create language and grammar is innate or acquired from society is still controversial (p. 315). The chapter â€Å"What is a Language?† looks into the characteristics of a language. The first argument is that a language contains symbols and grammatical signals. In other words, there are words or signs representing something else and grammatical structures to show how the symbols are related (p. 31). However, these grammatical signals vary from language to language. The next point is that every language contains relatively arbitrary symbols and grammatical signals. While some symbols are iconic, some are arbitrary. The point is that without a certain degree of arbitrariness, it will not be possible to talk about a number of things. Some examples are abstract things like love, beauty and faith (p. 39). Finally, the conclusion is that a language is a system of â€Å"relatively arbitrary symbols and grammatical structures that change over time† and that is used by â€Å"members of a community† to interact with each other, to convey ideas and to transmit culture (p. 44). ASL had its origin in the year 1817 when Gallaudet and Clerc established the

Business organization (law) Essay Example | Topics and Well Written Essays - 4250 words

Business organization (law) - Essay Example This is the very reason why the reformation of the law on limited partnership in the United Kingdom has earned many controversial comments that has brought together a chance for each particular element and parties involved in the process a hard way of completing the said task successfully. In the paper that follows, the completion of the reformation of the laws on Limited Partnership shall be examined in relation to its pros and cons and how much this particular matter affects the relationships and organizations established within the area of scope of the said law. Among the issues to be tackled herein includes the utilization of the Laws on Limited Partnership as the basis of the establishment of different organizations and agreements on the field of business and other associated connections that links people and/or groups of people sharing a particular vision towards a certain goal. It has been observed that the original released law on the said matter in the year 1890 had been rather accustomed to the past systems of application as per suggested to the guideline pursued by the said set of rules. This is practically the reason why the administration of UK realizes the need to reform the old system to be able to meet the needs of parties forming agreeable partnerships in the present system of organizations. These issues would rather be clarified in the paragraphs that follow through. The Basic Understanding of the Laws on Limited Partnership The laws on limited partnership have been released as an approved law in the UK in 1907 and 1908. It was basically presented to allow the connection of people between each other to form organizations and groups that are based on certain focus that allows the chance for every individual or any particular entity to form agreement with others become a possibility. These agreements are rather formed to establish understanding between the parties involved in the situation being considered. The understanding between the parties is the basic foundation of the creation of group that is well focused on a central goal that is noted as the main motivational force behind the existence of the said agreement form1. Through the years though, the demands of people from the systems of partnerships that they get involved with change. Understandably, the developments in the situation suggest the need for the adjustment of the primary sets of control of the operations of several partnerships in the society. How are these practical operations created and observed carefully to give better protection to the values of the parties involved The following elements of lawful recognition of the different aspects making up the major creations of rules and regulations formed as laws to protect the basic values of the parties involved in the agreement have been practically used as basis of the adjustments that needed to be assessed in connection with the creation of new

Social Web Research Paper Example | Topics and Well Written Essays - 2250 words

Social Web - Research Paper Example Besides pros there are several cons of maintaining these connections as well. This is a very grave issue as these side effects are negatively shaping the human society and leading it into a dangerous future. The current report mentions what negative effects these advancements are having on the individuals of the society and thus on the society as a whole. Some future trends of the so called social web are also highlighted along with addressing some measures that should be looked up by governing authorities. This is essential for a safer and prosperous future. INTRODUCTION Social Web is the new terminology with which the visual social connections of each digital device are connected to each other via the internet. The platforms that support the evolution and maintenance of the social connections are various and limitless. Examples of platforms supporting social web profiles are Facebook, Twitter, Orkut LinkdIn etc. The globalization of today’s world sees it as such that virtual ly every human being is connected to the web in one way or the other. People connected to the internet have the privilege of accessing all other sorts of information on it. Via the Internet anyone connected to it can stay up-to-date with the very latest information, can telecommute, check stock prices, compare prices and shop online, communicate with others in chat rooms or on bulletin boards, take different online learning courses, learn how to cook food, train tickets and even earn an accredited degree.... BACKGROUND/HISTORY The roots of communications and information technology can roughly be dated back to the advent of ‘telephone’ by Graham Bell in the year 1875 (Saari, 2006). It is the tenure from the analog telephone to the most well equipped cell phones today that modified the lifestyles of their users’ en-route. Thus behavioral changes on the fronts of societies were also exhibited. American computer scientist Alan Kay said, "Technology is all that stuff that wasn't around when (you) were born   because the stuff that was around when you were born   was just part of the landscape. Like the pencil." Also, McLuhan (1960) said, "The new electronic interdependence recreates the world in the image of a global village"   Once, invented the technological changes went on at a very rapid rate, quick decisions were made regarding the changes in each decade. Presently, decisions need to be formulated that would cater to the long lasting consequences of the very adv anced changes on the society. The social and economic impacts of these technologies are the most important changes that should never be overlooked. As said by mathematician Konsbruck Lee Robert, (n.d.) â€Å"Today, innovations in information technology are having wide-ranging effects across numerous domains of society, and policy makers are acting on issues involving economic productivity, intellectual property rights, privacy protection, and affordability of and access to information. Choices made now will have long- lasting consequences, and attention must be paid to their social and economic impacts.† The social impacts of Information and technology advancements have turned the present human society upside down from what it used

Transforming society by optimizing movement to improve the human Essay

Transforming society by optimizing movement to improve the human experience - Essay Example In summer 2009, my boyfriend physically abused me, and he injured me to an extent that I could not converse without breathing breaks. A physical therapist helped me recover from my condition, and I was able to learn the basic things that keep a person in good health. It was a challenging moment for me, and recovering was more of a miracle. From my experience, I have gained a desire to help people who are in similar conditions regain their movement. Once given the opportunity to study this course, I will work hard to gain the best knowledge to assist people. My inbuilt desire to perfect in physical therapy techniques will drive me into doing extensive research, which will be crucial in achievement of the APTA mission. After I am qualified as a physical therapist, I will research and develop better techniques, which will promote movement. In my career, I will be focused on restoration of function reduction of pain and prevention of disability, which are the core roles of physical therapists. Since I have experienced the feeling of disability, I will assist people to prevent loss of mobility through techniques such as devilment of wellness, fitness oriented health and active lifestyle programs. I will be flexible to work in different workplaces such as hospitals, outpatient clinics, schools, sports, and fitness facilities, nursing homes, private practices, home health agencies and even in work settings. My flexibility to work in many areas will be beneficial to the society and will help in optimizing movement and improve the human experience I am very eager to maximum utilize the opportunity to study physical therapy so that I can gain more understanding on easing movement for people, and helping them recover from pain. In future, I also intend to join a master’s program in public health so that I can have a rigid educational background to actualize the vision of the APTA (APTA, 2014). Elevating my

Planning to expand MGM Resort international to the United Arab Term Paper

Planning to expand MGM Resort international to the United Arab Emirates, Dubai - Term Paper Example Expanding in Dubai comes with new challenges in terms of the set-up, necessary resources and management expertise to enter the new market successfully. MGM has also noted that since the expansion carries with it new challenges if not handled skillfully, it can do more harm than good. Since MGM has decided to expand its market in Dubai, UAE, it has gone ahead and explored Dubai market, the potentiality of growth, the set-up procedures and issues that may crop up unexpectedly. This way MGM can minimize risks as well as optimize profits. Even though, MGM has a property in Abu Dhabu, UAE, it felt that it should increase its market share in this fast growing economy. This planning paper first seeks to explain in details what MGM entails; its background, services, properties, employees, organizational structure, staffing, training and compensation procedures as well as Customer Relation Services (CRS). In addition, the discussion takes a deep research on the country of expansion, which is Dubai. Furthermore, it will look into the business set-up procedures in Dubai, the reasons for the choice of market, the legal, political, environmental, social, technological and social environment in Dubai. In addition, it explains the role of culture in terms of facilitation and hindrances as well as communication difficulties that will be encountered and how to mitigate it. In the same case, it will explain the change in the organizational structure, approaches to staffing, types of training and lastly, explain the strategies to be used in the expansion and reasons for strategy as well as the issues that may arise while implementing the chosen strategies. Discussion The company profile MGM Resort International is one of the world’s leading and most respected companies that own and operates some of the most prestigious hospitality properties in the USA. It not only has holdings in hospitality but also has shares in gaming and entertainment sector. It owns 17 properties pos itioned in Michigan, Nevada and Mississippi and has 50% investments in other four properties in New Jersey, Illinois, Macau and Nevada. The City Centre, an extraordinary urban metropolis on the Las Vegas Strip that opened in late 2009 is a joint venture between MGM Resort International and Infinity World Development Corp., a Dubai World’s subsidiary. MGM is in future partnership with casino and non-casino resorts in the United States, Abu Dhabi, UAE, Vietnam and People’s Republic of China has sealed a treaty to dispose its Treasure Island property on the Strip of Las Vegas. MGM is famous for responsible gaming and has even implemented the American Gaming Association’s code of Conduct for Responsible gaming at its properties. It has also received several awards and recognition for being up front in Diversity Initiative and community compassionate programs. In Las Vegas only, MGM properties include Bellagrio, Mirage, Monte Carlo, Excalibur, Luxor, Mandalay Bay, MG M Grand, Circus Circus, New York-New York and the great and unique CityCentre, which comprise of Crystals, Vdara and Aria. Out of Las Vegas properties include MGM Grand Detroit, Beau Rivage, Gold Strike Tunika, Gold Strike Casino and MGM Resort, Sanya China (www.mgmresorts.com, 2012). Organizational stru

Hospitality Course Forecast Essay Example | Topics and Well Written Essays - 500 words

Hospitality Course Forecast - Essay Example Many countries have seen tourism result in the creation of a solid service sector that comprises almost all aspects of accommodation, transportation and activities or rather events. Tourism is sometimes referred to as leisure travel as most of its activities are recreational in nature. When you focus on something, it is likely that you will achieve your target. Setting of goals is quite significant in every line of business or career. As a hospitality student, one has to have personal goals some of which are highlighted below (Hospitality, 2011). i. Hospitality studies call for students to carry out analysis of complex quantitative and qualitative data to develop reports, financial worksheets and other related exercises using current tools for business automation. As a result, students’ primary goal should be attaining effective skills in written and oral communication, the use of technology as well as in quantitative reasoning required for handling these tools. iii. To learn and work both independently and collectively or collaboratively. Some activities require team-based working in order to accomplish successfully. Being able to work in both conditions (individual or team) is vital to the success of a hospitality career. iv. To develop the intellectual confidence, curiosity as well as engagement that will result in long-term learning. This is largely attributed to the fact that the hospitality industry is one of the most dynamic industries in the contemporary world. This can be achieved by engaging students with professionals in the filed like guest speakers, attending major conferences, and other events. v. Developing a global perspective that will enable the student to effectively work and live in a society that is increasingly global. This is because the industry is global with major hospitality industries in countries like UK having spread

Summary Viral Marketing Essay Example | Topics and Well Written Essays - 750 words

Summary Viral Marketing - Essay Example The viral marketer's dilemma is to identify, categorize and target people for initial reception and replication of the vendor's message. The primary message itself should be highly contagious in order for it to be adopted and replicated easily and regularly. Viral marketing campaigns can be 'low integration', frictionless model where the original consumer is essentially passive in the transaction. The famous example is Hotmail's early 1990s campaign which gave away free e-mail addresses, incorporating a vendor advertisement. Each consumer provided Hotmail with a free distribution network and qualified leads of persons who were already had an email account, and might be interested in switching to free account for their personal correspondence. Campaigns of this type rapidly build customer acquisition and enhance customer retention because the consumer is locked-in to the service as switching will be disruptive. The alternative is a 'high integration', active marketing campaign where the consumer opts-in to a service or product - newsletters and RSS feeds are obvious examples -- or where the consumer seeks a reward for promoting the vendors goods/services. Affiliate programs are obvious examples of the latter. The open source software community has made considerable use of viral marketing strategies. Such communities tend to be made up of 'tech-fluential' specialists who lock-in to the product and derive personal benefits through original contributions to its development. They are self-perpetuating 'hives' with opinion leaders (e-fluentials) who collect, analyze, interpret and disseminate the latest news to others both within and outside the hive who respect the hive's expertise in the field. There are conflicting studies as to the number of persons e-fluentials can actually reach, but it is estimated that in the USA 92% of surfers regularly turn to 8% of e-fluentials for information and that e-fluentials can routinely reach 11 people with positive messages and 19 people with negative messages as information is pulled from consumers (as opposed to pushed by a vendor) from this communication channel. In this context, viral marketing can assist open source software developers (OSSD) to build critical mass to overcome the chasm between establishing the product with tech-fluential early adopters, and gaining market share in the more risk-averse mainstream market. The developer's aim will be to establish the product as the industry standard as once the product reaches this stage of its life-cycle it will be clear that the product is stable, reliable and well-supported. Since the source software is license-fee free to consumers the developer seeks to monetize his/her time investment through add-on services such as consultancy and the sale of complementary goods/services, such as hardware and hosting. As with any marketing campaign an OSSD needs to ensure that the product advertised is suited to the medium to be used. Viral marketing campaigns are particularly effective when the message is contagious in and of it-self, the replicators and recipients perceive a value in forwarding the message to their circle of influence and the product is easily reproducible and easily and exclusively distributed over the

Recycling Waste Essay Example for Free

Recycling Waste Essay With the increasing human population the needs for the people also increases. But the point of concern is that are there enough natural resources to service all your needs. What if these resources finish, this is one thing we need to ponder upon. We need to start recycling waste to converse our natural resources. Recycling is simply the process of reusing the items from which utility can still be derived. It is important to recycle waste so that you can at least converse some of our natural resources for our generations to come. Many products such as paper, cardboards, and cups come from trees. In fact trees are our natural assets, you can converse trees by recycling the paper products we can minimize the number of trees cut down a year. This is one form of waste recycling. One should understand and know the importance of recycling waste materials. One simple benefit of recycling is it saves our resources. It will be wise to reuse metal item as metal reserves may be depleting. You can sold your wore out metal items for recycling. As mentioned earlier, recycling of waste papers can save our forests. Recycling waste not only save our natural resources but also help save energy. By simply recycling an item or making a basic fix to it, we can we save all the energy that would have been consumed in the process of making it. The same example can be taken with plastic items. A large amount of energy can be saved by simply reusing the plastic items. To recycle waste is to simply reduce pollution. By recycling plastic material we can reduce air pollution as well as water pollution. Plastic factories produced large amount of smoke when producing plastic material at the same time if we don’t have proper waste disposal system those waste emissions will cause water pollution. Recycling waste in a way helps reduce pollution. In simple words, recycling or recycling waste is essential to both natural environment and humans. To sum up, recycling minimizes the need for raw materials so that the rainforests can be preserved. Great amounts of energy are used when making products from raw materials. Recycling requires much less energy and therefore helps to preserve natural resources. One needs to know the importance of recycling at the same time being earth friendly can help our planet a better place to live in.

The Definition Of Biomimicry

The Definition Of Biomimicry Product design inspired by nature simply means that designers look to the nature for answer when they were in process of designing it. The action of copying from nature is called biomimicry. Biomimicry is not an entirely new idea to humans. The hook and loop fasterner or known as Velcro was invented in 1948 based on the bur plants. Biomimicry is important in product design because nature has the best solution whenever we came to a design problem. For example, for the wind resistance problem faced by Japanese bullet train, the front nose was remodelled to look like a kingfishers beak. Biomimicry design spiral is a kind of tool that takes us through the process of identify, translate, observe, abstract, apply and evaluate before a design is being developed. There are many inventions in this world that were inspired by the nature. Flying squirrel wingsuit, formula one car, sharkskin swimsuit and drag-reduced propeller are the best examples. The nature is and will always be our mentor in product design. Therfore, it is our responsibility to preserve and protect the nature we have today. Definition of biomimicry Biomimicry is a discipline that studies our natures ideas, models and processes to take inspirations from to solve the design problems faced by humans. In the words of biomimicry, bios means life while mimesis means to mimic. Therefore, biomimicry simply means to imitate from nature. Biomimicry is not a new idea. Humans have always been turning to the nature to look for any answer to solve both complex and simple problems. Humans take the nature as their mentor and model. This is because the animals and plants found on the Earth nowadays have survived for ages. They have gone through several stages of evolution and changes in order to survive in this planet. Therefore, their body structure and functionality are worth copying for. For example, without birds the Wright brothers will not be inspired to build an airplane that turns out to be one of the greatest invention of all time. In addition, Eiji Nakatsu, a railway engineer remodelled the front nose design of the bullet train in Jap an which will reduce air resistance and uses 15% less electricity. He took the idea from the shape of the beak of kingfishers. The significance of biomimicry in product design There are thousands of products being designed in every single day. What really matter is, do the products have the ability to cope with the environment and perform well. Humans are not brilliant in every way, sometimes we do need some help from the nature. Some of the flora and fauna had been on Earth long before the existence of human race. They are full of experience in coping with the nature in order to survive. Therefore, designers always mimic the design of some animals and plants. The product designs nowadays have become more and more sophisticated. Designers are hoping to decrease any possibility of disaster and waste of energy. This is where biomimicry will come in handy. The existence of biomimicry provides a rough idea to the designers of what the nature would probably do to solve problems faced. Therefore, the designers can make amendments to their designs to avoid any unwanted errors. Hence, it cannot be denied that biomimicry is playing an important role in product desi gn. Biomimicry design spiral http://juliangaviriasanchez.files.wordpress.com/2011/02/biomimicry-design-spiral.jpg Biomimicry design spiral is a tool that scientists created that uses our nature as our mentor and role model to solve any complex and simple problems faced while in the creation of any products. Identify: Instead of asking ourselves what we want to design, we need to identify what we want our designs to do for us. If not, we probably ended up designing something which is only an updated version of current existing products. Translate: Take the natures perspective into consideration. We need to know how nature carries out a certain function to tackle problem it faced. Observe: Consults biologist or natural experts. Take their advices into consideration before we begin to develop something new. Abstract: Find out the relationship between the nature and the product. We need to know whether the product can adapt to the environment where it meant to be once developed. Apply: Apply all the knowledge and studies that had been made into the development of product. Designs a product based on the research. Evaluate: Find out how does the design performs in nature. Can the design adapt to the environment? Biomimicry applications in products design Animals Falcon birds Peregrine falcons are one of the species of falcons and a widespread bird of prey in the family Falconidae. The Peregrine falcon is renowned for its speed, reaching over 322km/h during its characteristic hunting stoop (high speed dive), making it the fastest member of the animal kingdom. According to a National Geographic program, the highest measured speed of a Peregrine Falcon is even up to 389 km/h. Hence, engineers have studied the body shape of the birds and implement it into the design of Formula 1 racing cars. A Formula 1 car is a single-seat, open cockpit, open-wheel racing car with substantial front and rear wings, and an engine positioned behind the driver. Aerodynamics of the car play a vital role in determining the speed, safety and drag produced. Therefore, the aerodynamic designer has two primary concerns which is the creation of downforce to push the car onto the track, improve cornering forces and minimising the drag that slow the car down. So, the front nose of a For mula 1 racing car is inspired by the shape of the head of Peregrine falcon. The head of the birds is in streamlined shape which will reduce the drag produced when flying at high speed. Therefore, designers design the front nose of the racing cars to mimic the head of the birds which used to channel air flow to the back of the car. Hence, drag is reduced and the downforce is increased. Racing cars can be driven to a higher speed. Flying squirrel Flying squirrels are one of the 44 species of squirrels in the family of Sciuridae. Flying squirrels do not have wings and are not capable of powered flight like birds or bats. The loose folds of skin between the front and hind legs of these squirrels enable them to fly from trees to trees but what they actually do is glide through the air on the stretched surface of this loose skin. The direction and speed of the animal in midair is varied by changing the positions of its two arms and legs, largely controlled by small cartilaginous wrist bones. Therefore, man has used the body structure of the flying squirrel and created the flying squirrel suit. Modern wingsuit are equipped with fabric attached between the legs and under the arms which will add surface area to the human body to enable a significant increase in lift. A wingsuit flight normally ends with a parachute opening. So a wingsuit can safely be flown from any point that provides sufficient altitude for flight and parachute de ployment. Sharks Sharks, also known as the natures great predator are a group of carnivorous ocean going fish with 368 different species in a total of 30 families. Some species of shark, such as the great white, are infamous among humans because they have been involved in attacks resulting in severe injury and sometimes death. Most sharks have streamlined bodies designed for moving efficiently through the water. Many species have a projecting dorsal fin, and all have split caudal or rear fins. The shark can move very rapidly in search of prey. The shortfin mako shark, the fastest shark and one of the fastest fish, can burst at speeds up to 50 km/h. The reasons why sharks can swim fast in water are closely related to its skin. Seen under an electron microscope, sharkskin is made up of countless overlapping scales called dermal denticles. The denticles have grooves running down their length in alignment with water flow. These grooves disrupt the formation of eddies, or turbulent swirls of slower water and make the water to pass by faster. Therefore, the scientists replicate the dermal denticles and apply it on the racing swimsuit. Speedos Fastskin line of high-tech, high-performance swimsuits were inspired by the shark skins sandpaper-like texture is thought to reduce drag, hence its usefulness in swimming gear. Plants Bur A bur is a seed or dry fruit in which the seeds bear hooks or teeth which attach themselves to the fur of passing animals or the clothing of people. The hooks or teeth are irritants and quite hard to remove from clothing, such as wool or cotton. The bur of burdock was the inspiration for hook and loop fastener (Velcro). Velcro was invented in 1948 by the Swiss electrical engineer George de Mestral. Hook-and-loop fasteners consist of two components which are two lineal fabric strips which are attached to the opposing surfaces to be fastened. The first component features tiny hooks while the second features even smaller and hair-like loops. When the two components are pressed together, the hooks catch in the loops and the two pieces fasten or bind temporarily. Velcro strips make a distinctive ripping sound when they are being separated. Because it is extremely easy to use, low chances of being spoilt and safe, the hook-and-loop fasteners have been used for just about every conceivable application where a temporary bond is required. It is especially popular as a shoe fastener for children who have not yet learned to tie shoelaces and for those who choose Velcro over laces. Kelp Kelps are large seaweeds belong to the brown algae in the order Laminariales. Kelp grows in underwater forests known as the kelp forests in shallow oceans. There are several Pacific species of kelp which is a very important ingredient in Chinese, Japanese and Korean cuisines. Because of its high concentration of iodine, brown kelp has been used to treat the enlargement of the thyroid gland caused by a lack of iodine, known as goitre. Kelps have the very unique spiral shape which moves with the current rather than fighting against it. Therefore, they will not get swept away easily by rough current. This phenomenon inspired the design of drag-reduced propeller. A propeller is a type of fan that transmits power by converting rotational motion into thrust and normal seen installed at the back of vessel or boat. Propeller designed in spiral shape will has lesser drag when it spins in water. Hence, less energy is required to accelerate the water to the back of blade which in turns provides more forward thrust to the ship. Tumbleweed Tumbleweed is the above-ground part of any plants that once mature and dry or wilt. It will disengage from the root and tumble away in the wind. The tumbleweed is a norm in steppe and desert climates. The tumbleweed is a diaspore, which aids in the dispersal of seeds or spores. The tumbleweed is very light and round in shape. Therefore, it moves around and tumbles along to disperse seeds when the wind blows. Eventually, the tumbleweed comes to rest in a wet location, it opens as it absorbs water and then it dies. The characteristics of tumbleweed for being light and round in shape have inspired the NASA engineers to design a rover of the same concept. The rover is designed for any exploring missions in planet Mars. The rough terrain of Mars can be tackled using a wind-driven planetary rover. A wind-driven planetary rover design maximises drag and therefore it will be easy to manoeuvre around the planet. Conclusion Every single thing created by God in this world existed for a reason. It just that some of things are still yet to be discovered by humans. As mentioned earlier, most of the designs in this world are inspired by the nature. Humans copy the design of some animals and plants to achieve success in their design. The nature is our teacher, our mentor and our role model. We always look to nature for answer whenever we faced obstacles. Hence, through biomimicry, the relationships between humans and nature grow closer than ever before. The continued existence of the nature depends on humans and vice versa. Therefore, we must appreciate and preserve what we have right now for the sake of our latter generations.

Strategies for Entering Foreign Markets

Strategies for Entering Foreign Markets Introduction In todays business world, globalization has a great impact on management decisions, processes and the culture of an organization. The most important external driving forces of an increasing internationalization are the openness to new markets due to liberalization and deregulation, further developments in technologies and logistics, as well as shorter product life cycles, and a homogenous consumer behavior whereas internally the strategic-focused attitude of companies represents an essential factor.  [1]  More and more companies do not only want to stay in a single market but aim to expand into foreign markets as well. Before entering a foreign market, a company has to decide not only on an appropriate entry strategy but also should consider the main steps of the market entry framework presented in the upcoming chapter. The following assignment provides a profound analysis of market entry strategies in the context of international marketing management. First of all, reasons to go international will be presented followed by a market entry framework in chapter 3. Further on, different methods of entry will be discussed stating advantages and disadvantages as well as giving examples of firms which successfully have implemented these strategies. In chapter 5, different timing strategy approaches will be introduced. Finally, a conclusion will be drawn from the preceding findings. Reasons for entering foreign markets There are a variety of reasons why companies decide to go abroad and expand their business operations. Organizations mainly engage in international businesses in order to establish competitive advantages and efficiently adapt to the ever-changing business environment. However, it is rarely the case that firms are just driven by one single factor. In the context of international marketing, proactive and reactive reasons or motivations can be differentiated. While proactive factors are stimulated by internal strategic change, reactive reasons result from environmental shifts.  [2]  Proactive reasons include growth in terms of revenue, sales and customer base, cost savings due to economies of scale or low-cost manufacturing, and reduction of dependency on a single national market as well as alternative sources of labor. Reasons which rather force the firms to expand to foreign countries and markets are described as reactive ones. For instance, domestic markets could be already satur ated or emerging competitors prevent firms from further increase its market shares and therefore, stay competitive.  [3]   Even though most companies highly profit from operating internationally, they are often faced with incalculable risks and challenges. Possible risks are primarily based on a lack of information regarding consumer preferences, unfamiliar business procedures and regulations, as well as human resources management.  [4]   Market Entry Framework A market entry strategy framework serves as a helpful management tool for firms aiming to enter a foreign market. It is highly recommended that companies follow these guidelines to better understand the process of internalization and to specify appropriate action steps for a firm. Generally speaking, the organization has to decide on the following questions: 1) What products or services should be offered abroad? 2) Where (countries, regions) should the market entry take place? 3) What entry strategy should be used to enter the foreign market? 4) How should be operated in the foreign market in terms of marketing programs?  [5]  As it is shown in the figure below, a conceptual framework consists of four main steps. After the decision has been made to enter a new market, a profound market assessment should be conducted. Regarding step 1, the company has to analyze its own resources and capabilities. A SWOT-analysis can help identifying the firms internal and external environment. An other key aspect is to evaluate legal and regulatory considerations as well as existing competitors and to deal with possible political risks and uncertainty. Due to different customer tastes and preferences in other countries and regions potential target groups have to be interviewed and analyzed in order to customize its products to their specific needs and wants. In step 2, the business environment should be closer examined, looking for business partnerships, testing market attractiveness and performing financial and entry barrier analyses to prevent early failure. Not until step 3 an entry mode is selected and implemented and further negotiations with business partners will be continued.  [6]  Critical factor is the entry strategy configuration, defined as the process of deciding on the best possible entry strategy mix.  [7]  Step 4 finally repre-sents the actual operation phase in which strategy and performances are aligned. This means satisfying the international clienteles needs by providing them with the desired products and services and setting adequate prices while remaining competitive. Ultimately, the company has to ensure that performance targets and strategic objectives will be accomplished as planned. Market Entry Strategies In the following the different market entry strategies will be described and advantages and disadvantages will be shown. Exporting Most companies operate within their country; however when they de ­cide to enter foreign territory most of the companies use export as their first approach to go international. Exporting means producing goods in one country and selling them in another country.  [8]  Some companies operate only in one niche market and are successful; however in most cases companies become successful by increasing brand awareness and business stability by entering new markets. Exchanging goods across boarders has grown to be a lot easier throughout the years and therefore exporting has become the simplest and most straightforward way to meet the need of a foreign country. However, when a company chooses exporting as their strategy there are several factors that have to be considered when determining whether to use a direct or indirect strategy. Such factors can be the size of the company, what product the company is going to sell, previous export experience and expertise and business conditi ons in the market the company wants to enter. Companies which have no experience in exporting can reach their foreign customers through intermediaries. This approach is called indirect exporting and is often used by first-time exporters.  [9]  Indirect exporting is when a firms sells its domestically produced goods in a foreign country through an intermediary.  [10]  Intermediaries also called middlemen is usually a firm or person that acts as a link between parties to a business deal. Using indirect exporting belongs to the least risky methods. Companies using this method have the smallest amount of commitment; however on the other hand receive the least profit. Direct exporting is one approach used by companies. A company usually handles its exports on their own and sells its products or services directly to the customers. This method gives the company much more control over their activities. It allows them to start at lower prices, be more competitive on the market as wel l as keep closer contact with clients. Also, using direct exporting gives the company higher returns in investments. The Boeing Company was very successful using this method and is now, not only the worlds largest aerospace company but the number one exporter in the US. On the other hand, the pitfalls for direct exporting are that, it is a lot more risky and they have to invest a lot more time to become familiar with the market.  [11]   Licensing Licensing is another common approach of global marketing. Many companies use this method by offering the right to a trademark, patent, trade secret or other similar valued item of intellectual property in return for a royalty or a fee.  [12]  One example is the company Marvel Entertainment Inc. Marvel has mad millions of dollars in licensing with their superheroes and intellectual property. Marvel has licensing agreements with the film industry, toy industry, computer game industry and many other areas. Spiderman, Hulk and many other characters are famous around the world and can be seen and played with.  [13]  Other specialized forms of licensing are contract manufacturing, management contracting and franchising.  [14]   Contract manufacturing is some sort of outsourcing. A German company for example contracts with the foreign company to produce the products they want to sell in the new market. While the contract manufacturer produces the products, the German company puts the companys brand name on the goods. In the computer and electronic field contract manufacturing is used a lot by companies such as IBM and Dell. Dell and IBM let their products produce by Taiwanese companies. The advantages for using this method are that the capital investment is relatively low; however on the other hand the company will not have full control.  [15]   Management contracting is similar to manufacturing contracting, just that the domestic company is not producing the products in a foreign country, but transfer parts of their management personnel to assist a foreign company for a definite time for a fee.  [16]  Management contracts are especially used in the hotel business. The Marriot or Carnival Hotels and Resorts use this method to enter new foreign markets. This method is also very popular in Asia and many developing countries which need the expertise from professional management. An advantage of managements contracting is the minimum risk for the company, due to low equity investment. Major disadvantages are that the company has to give up a big amount of control as well as flexibility.  [17]   McDonalds, Burger King, Starbucks all have one thing in common; they are world wide companies which use the franchise method in order to be serve people internationally. Franchising is a specialization of licensing and both are the most common used method by small and medium size companies. In a franchising agreement, the franchisor sells limited rights to use its brand name in return for a lump sum and share of the franchisees future profits.  [18]  The franchiser assists the franchisee on a continuing basis, through sale, promotion and training.  [19]  The advantages of franchising are that it is less risky and less costly. Franchising is the fast growing method for a market entry a firm whishing to expand globally. On the contrary, the franchisee has to be careful to make all the adjustments necessary. Issues concerning the transferability of products, brands and services should be considered. McDonalds for example had to make adoptions when entering the Indian market beca use of the different culture and lifestyle.  [20]   Joint Venture Joint venture occurs when an international company enters in to an agreement with a local partner to develop a new entity and assets for a finite time by contributing equity.  [21]  A Joint venture may be classified as majority, minority, or fifty-fifty ventures in regard to the equity share of the international company and may be started from the scratch or by the foreign partners acquisition of a partial ownership interests in an existing local company. In most cases, firms choose joint ventures over sole ventures as a result of the restrictive regulatory measures towards sole venture of the foreign investors by the host governments. In the other hand, a Joint venture can also bring positive benefits to the foreign partner through their local partners, because local partners have better knowledge of the host countrys environment and business practices as well as personal contacts with local suppliers, customers, banks and government officials, management, production and marketi ng skills, local prestige and other resources.  [22]  These benefits are the reason why most firms insist on joint venture in some countries like Japan even when a sole venture is open to them. The advantages of Joint ventures are 1) risk diversification and allocation of risks between the partners 2) sharing of resources 3) can be a means of reducing political and other investment risks 4) access to the distribution network. The disadvantages are 1) lack of management control 2) joint ventures negotiations are time consuming, requires a lot of contractual framework and long period of due-diligence3) lack of trust 4) risk of conflict as a result of cultural differences. Direct Investment Direct Investment can be divided into two parts 1) merger and acquision and 2) wholly owned subsidies. These kinds will be explained in the following. Merger and Acquisition: There are two primary mechanisms by which ownership and control of a corporation can change: Either another corporation or group of individuals can acquire the target firm, or the target firm can merge with another firm.  [23]  According to Brealey et al, a merger can be an added value only if the two companies are worth more together than apart.  [24]  There are three classifications of mergers: 1) Horizontal mergers: This is a type of merger where two firms producing similar goods or offering similar services are combined to form an entity. Examples are Vodafones acquisition of Mannesmann and Commerzbanks acquisition of Dresdner Bank. 2) Vertical Merger: is referred to as a combination of two companies in the same industry whose products are required at different stages of the production cycle. The buyers can integrate backwards. An example of forward integration merger is Walt Disneys acquisition of the ABC television network. In which Disney planne d to use ABC network to show recent movies to huge audiences, and an example of backward integration would be Fords acquisition of Rouge Steel Company to reduce risks associated with  the dependency on steel. 3) Conglomerate merger: occurs when companies in unrelated lines of businesses are combined to become an entity. The reason why companies decide to go into this type of merger is to diversify and reduce their exposure to industry specific risks. However, if a conglomerate becomes too large and diverse through acquisitions, the performance of the entire firm can wither. Quellen? Reasons for Mergers Acquisition Economic of scale and scope: Cost efficiency of high volume production are one of the privileges merged firms enjoy, which small firms can only dream about. Larger firms also tends to benefit from economies of scope, which are savings as a result of synergy effect in the marketing and distribution of different types of related products (e.g. computers and printers). Vertical Integration: As a means to improve its products or services, a company might decide to have the direct control of the inputs required to make its products. Similarly, another company might not be contented with the manner at which distribution of it products is conducted, so it might decide to take direct control of the distribution channels by acquiring a major distributive company. Expertise: In order to compete effectively and efficiently, firms often need expertise in particular fields. A more efficient approach may be to acquire the talents as an already functioning unit in an existing firm. Monopoly Gains: Merging with or acquiring a major competitor might enable a firm to reduce competition within the sphere of its operation. There is greater pricing power from reduced competition and higher market share, which could result in higher margin and operating income. Diversification: This is the very beneficial in the issue with conglomerate merger. These benefits are direct risk reduction and liquidity enhancement. Reasons for Merger and Acquisition are 1) to gain cost efficiency through Economic of scale and scope 2) to improve products or services through Vertical Integration 3) to become more competitive because expertise is required acquire talents 4) to get monopolistic advantages and at the same time reduce competitors  [25]  5) with Diversification reduces an investors exposure to firm-specific risk.  [26]   Wholly owned subsidies: Market entry through a wholly owned subsidiary consist of two distinctive strategies: it can be achieved through a Greenfield investment or through an acquisition. Greenfield investment is a form of direct entry mode whereby a parent firm extends its operation in a host country by constructing a new operational base from the scratch. It is remarkable for the complexity and the high cost of its development and implementation. For example, in order to establish successfully in a foreign market, it is expected of a firm to have an extensive knowledge and expertise of the new market, and for this to be possible, a reasonable help from the third parties such as local independent consultants are required, and their services are usually very expensive. The cost of its implementation makes Greenfield investment in a foreign market a very risky mode of market entrance. Acquisition in the other hand offers the fastest means of achieving market power. As explained above, this strategy requires buying a rival firm, distributor, supplier or a firm which is related or entirely unrelated to the acquiring firms industry, in order to gain access to core competencies and achieve a greater competitive advantage.  [27]  The fact that it is easier and more accurate to estimate the outcomes of an investment through an acquisition makes acquisition a less risky alternative in comparison to Greenfield investment. Timing strategies of market entry In this part timing strategies as a different kind of internationalization will be described. Timing strategies could be divided into two categories 1) strategies for market entry in a specific country, called country-specific timing strategies, and 2) strategies for market entry in more countries synchronous, called cross-border timing strategies.  [28]  Some important factors which should be analyzed before a timing-strategy can be chosen are competition in the market, technology, substitute, customer behavior and the market potential as well as market growth. If this is done a company can decide which timing strategy is useful to reach the companys goals.  [29]   Country-specific Timing Strategies A company has to clarify when they want to enter into a new market. Most times the decision for a strategy depends from the strategies of the competitors in the target market.  [30]  Now the first-mover as well as the follower strategy will be described and benefits and risk of each will be identified. First-mover Strategy: Companies those are first into the industry or nation. The advantages of the first-mover are mainly that the firm has a higher awareness level as well as more time for image building in the market. Additionally, the firm gain more and earlier experience which enables them to adapt itself earlier to changing market environmental. Moreover, the firm can recruit educated employees and build up intensive relationships with market entry. Disadvantages are the free-ride-effect, which described early followers who will benefit from the investments of the first-mover. Additionally, the high costs of exploitation of the target market and the high risk of failure.  [3 1]  As an example for a first mover strategy could be named apple. The iPhone, iPad and most of the other products from apple were innovative and the first products in the target industry or nation. Follower Strategy: Companies which follows the first mover or enter the market after it has become established. The advantages of the follower are mainly that the firm can avoid the mistakes of the first mover, have access to reliable information about the market, can profit from the investments of the first-mover hence, cost reduction for example for infrastructure or education of employees. Disadvantages are market entry barriers created by the first-mover, less experiences over the market situation, finding of suppliers and to gain the loyalty of potential customers.  [32]  As an example for followers Microsoft could be named. Microsoft offers a smart phone after the successful iPhone implementation of Apple. Cross-border timing strategies Cross-border timing strategies are the waterfall or sprinkler strategies.  [33]  The Waterfall strategy described a scenario in which a product or a service is gradually moved into the target market while the sprinkler strategy implements a product or service in several countries at the same time.  [34]  Advantages of the Waterfall strategy are that the expansion can take place in a systematic method. Hence resources are needed one-by-one and not at the same time to enter successful all the target market. Furthermore, the life cycle of some technologies or products can be extended and experience can be used for the next market entry. Additionally, it is a relative less risk strategy. Disadvantages of the waterfall strategy could be the long time period implementation. In fast moving markets this strategy might be too slowly.  [35]  Furthermore, the competitors will be warned so that they can build up more market entry barriers for example.  [36]  Examples for the wate rfall strategy are the metro group, which used the experiences of the last market entry when they open a new subsidiary in a new market  [37]  as well as Dell, Benetton and The Body Shop.  [38]  The Sprinkler strategy is has the contrary strengths and disadvantages as the waterfall strategy. Within a short time period the strategy were implemented in lots of target market. The sprinkler strategy generates first-mover advantage. It is a very functional strategy in hyper and time-based competition markets. Disadvantages are the high amount of resources required for entering and the risk of failure because of less knowledge or experiences of the different countries. Examples for the sprinkler approach are Microsoft with its Windows software and Gillette with its Sensor.  [39]   Conclusion In this assignment, the major importance of a well-thought-through selection of a market entry strategy has been shown and different types of entry modes have been presented and further analyzed. Market entry strategies can have a far-reaching impact on an organizations global strategy. Selecting the best entry strategy is a complex decision-making process and involves various considerations. The importance of which aspects should be taken into closer consideration can vary by the strategic goals of a company, by country, and even by industry. Which entry strategy to choose highly depends on various strategic factors like ease of exit, speed of entry, cultural distance, and competitive intensity. Under all conditions, there will be no ideal option. In all cases, methods of market entry should be adjusted to the organizations long-term strategies and goals and should be based on future ambitions as well as on current resources and capabilities. Companies do not only benefit from the advantages, but will also have to cope with disadvantages of a chosen entry strategy. Therefore, compromises often have to be made when going international. Ultimately, todays organizations will ha ve to remain flexible enough to incorporate the high degree of dynamism in an ever-changing business environment. II. Works Cited A: Books Ahlstrom. D./ Bruton, D.G. [International Management]  International Management Strategy and Culture in the  Emerging World, Student Edition, South-Western CENGAGE Learning, Mason 2010  Berk, J. / DeMarzo, P. [Finance]  Corporate Finance, Pearson, Boston, 2006 Berndt, R. / Altobelli, C. F. / Sander, M. [Marketing]  Internationales Marketing-Management, 4. 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It has not been presented elsewhere for grading. All sources have been indicated to the best of the writers ability. Ort, Datum Signature: Anja Chan Ort, Datum Signature: Annika Nienaber Ort, Datum Signature: Emmanuel Ofobeze Ort, Datum Signature: Jana Theresa Germeroth IV. Appendix Appendix 1 Waterfall Strategy  [40]   Appendix 2 Sprinkler Strategy  [41]