Ch #6
Marc Kasky versus Nike
Marc Kasky of San Francisco sees his world as a com- munity and has a long history of caring about the others in it. He got early lessons in business ethics from his father, who ran a car repair business.
The customer would bring his car in and say there’s something horribly wrong in my car: I think I need a new transmission. . . . My father would call them back an hour later and say, “Come get your car, there was a loose screw here and there; I fixed it. What does it cost? Nothing.” I saw how that affected our family. It impressed me a great deal.1
After graduating from Yale University in 1969, he volunteered to work in poor Cleveland neighbor- hoods. Moving to San Francisco, he headed a non- profit center for foundations that funded schools. He involved himself in civic and environmental causes. He also became an avid jogger and ran marathons.
Over the years Kasky wore many pairs of Nike shoes and considered them a “good product.”2 But he stopped buying them in the mid-1990s after reading stories about working conditions in overseas factories where they were made. By then Nike, Inc., had be- come the main focus of the anti-sweatshop cause, ac- cused of exploiting low-wage workers who made its shoes and clothing. The more Kasky read about Nike, the more convinced he was that it was not only vic- timizing workers, but lying about it too. Kasky sought the help of an old friend, Alan Caplan, an at- torney who had achieved fame in progressive circles by bringing the suit that forced R. J. Reynolds to stop using Joe Camel in its ads.
With Caplan’s help, Kasky sued Nike in 1998 for false advertising, alleging it had made untrue state- ments about its labor practices. This was not Kasky’s first lawsuit. Previously, he had sued Perrier over its claim to be “spring water” and Pillsbury Co. for labeling Mexican vegetables with the words “San Francisco style.” Both suits were settled.3 Nike sought dismissal of Kasky’s suit, arguing that the statements he questioned were part of a public de- bate about sweatshops and protected by the First Amendment.
NIKE
Nike, Inc., is the world’s largest producer of athletic shoes and sports apparel. It grew out of a handshake in 1962 between Bill Bowerman, the track coach at the University of Oregon, and Phil Knight, a runner he had coached in the 1950s. Knight had just received an MBA from Stanford University, where in a term paper he had written about competing against estab- lished athletic shoe companies by importing shoes made in low-wage Asian factories. Now he was ready to try it. He and Bowerman each put up $550 and Knight flew to Japan, arranging to import 300 pairs of Onitsuka Tiger shoes.
After seven years, Knight and Bowerman decided to stop selling the Japanese company’s brand and create their own. So they designed a shoe and sub- contracted its production to a factory in Japan. By now Bowerman and Knight had incorporated, and an employee suggested naming the company Nike, f ...
Case 4 - Nike.rtfdTXT.rtfQuestion Nike Please reflect on th.docxwendolynhalbert
Case 4 - Nike.rtfd/TXT.rtf
Question: Nike: Please reflect on the potential influences of “external environments” on a firm; in this case, which aspects of the environment have impacted Nike’s labor practices and how?
Hitting the Wall: Nike and International Labor Practices Moore: Twelve year olds working in [Indonesian] factories? That’s O.K. with you? Knight: They’re not 12-year-olds working in factories... the minimum age is 14. Moore: How about 14 then? Does that bother you? Knight: No.
— Phil Knight, Nike CEO, talking to Director Michael Moore in a scene from documentary film The Big One, 1997.
Nike is raising the minimum age of footwear factory workers to 18... Nike has zero tolerance for underage workers. 1
— Phil Knight, 1998
In 1997, Nguyen Thi Thu Phuong died while making sneakers. As she was trimming synthetic soles in a Nike contracting factory, a co-worker’s machine broke, spraying metal parts across the factory floor and into Phuong’s heart. The 23 year-old Vietnamese woman died instantly.2
Although it may have been the most dramatic, Phuong’s death was hardly the first misfortune to hit Nike’s far-flung manufacturing empire. Indeed, in the 1980s and 1990s, the corporation had been plagued by a series of labor incidents and public relations nightmares: underage workers in Indonesian plants, allegations of coerced overtime in China, dangerous working conditions in Vietnam. For a while, the stories had been largely confined to labor circles and activist publications. By the time of Phuong’s death, however, labor conditions at Nike had hit the mainstream. Stories of reported abuse at Nike plants had been carried in publications such as Time and Business Week and students from major universities such as Duke and Brown had organized boycotts of Nike products. Even Doonesbury had joined the fray, with a series of cartoons that linked the company to underage
and exploited Asian workers. Before these attacks, Nike had been widely regarded as one of the world’s coolest and most successful companies. Now Nike, the company of Michael Jordan and Tiger Woods; Nike, the sign of the swoosh and athletic prowess, was increasingly becoming known as the company of labor abuse. And its initial response — “We don’t make shoes” — was becoming harder and harder to sustain.3
Nike, Inc.
Based in Beaverton, Oregon, Nike had been a corporate success story for more than three decades. It was a sneaker company, but one armed with an inimitable attitude, phenomenal growth, and the apparent ability to dictate fashion trends to some of the world’s most influential consumers. In the 1970s, Nike had first begun to capture the attention of both trend-setting teenagers and financial observers. Selling a combination of basic footwear and street-smart athleticism, Nike pushed its revenues from a 1972 level of $60,000 to a startling $49 million in just ten years.4 It went public in 1980 and then astounded Wall Street in the mid-1990s as annual growth staye ...
Globalization is a process of interaction and integration among
the people, companies, and governments of different nations,
a process driven by international trade and investment and
aided by information technology. This process has Promise and
Perils, and different effects on the environment, on culture, on
political systems, on economic development and prosperity,
and on human physical well-being in societies around the world.
Nike and Starbucks are a key examples of globalisation
because, although they began in the USA, They are now
worldwide, well known brands, in the analyze of both case
studies of Nike and Starbucks we will follow this table of
Contents.
Case 4 - Nike.rtfdTXT.rtfQuestion Nike Please reflect on th.docxwendolynhalbert
Case 4 - Nike.rtfd/TXT.rtf
Question: Nike: Please reflect on the potential influences of “external environments” on a firm; in this case, which aspects of the environment have impacted Nike’s labor practices and how?
Hitting the Wall: Nike and International Labor Practices Moore: Twelve year olds working in [Indonesian] factories? That’s O.K. with you? Knight: They’re not 12-year-olds working in factories... the minimum age is 14. Moore: How about 14 then? Does that bother you? Knight: No.
— Phil Knight, Nike CEO, talking to Director Michael Moore in a scene from documentary film The Big One, 1997.
Nike is raising the minimum age of footwear factory workers to 18... Nike has zero tolerance for underage workers. 1
— Phil Knight, 1998
In 1997, Nguyen Thi Thu Phuong died while making sneakers. As she was trimming synthetic soles in a Nike contracting factory, a co-worker’s machine broke, spraying metal parts across the factory floor and into Phuong’s heart. The 23 year-old Vietnamese woman died instantly.2
Although it may have been the most dramatic, Phuong’s death was hardly the first misfortune to hit Nike’s far-flung manufacturing empire. Indeed, in the 1980s and 1990s, the corporation had been plagued by a series of labor incidents and public relations nightmares: underage workers in Indonesian plants, allegations of coerced overtime in China, dangerous working conditions in Vietnam. For a while, the stories had been largely confined to labor circles and activist publications. By the time of Phuong’s death, however, labor conditions at Nike had hit the mainstream. Stories of reported abuse at Nike plants had been carried in publications such as Time and Business Week and students from major universities such as Duke and Brown had organized boycotts of Nike products. Even Doonesbury had joined the fray, with a series of cartoons that linked the company to underage
and exploited Asian workers. Before these attacks, Nike had been widely regarded as one of the world’s coolest and most successful companies. Now Nike, the company of Michael Jordan and Tiger Woods; Nike, the sign of the swoosh and athletic prowess, was increasingly becoming known as the company of labor abuse. And its initial response — “We don’t make shoes” — was becoming harder and harder to sustain.3
Nike, Inc.
Based in Beaverton, Oregon, Nike had been a corporate success story for more than three decades. It was a sneaker company, but one armed with an inimitable attitude, phenomenal growth, and the apparent ability to dictate fashion trends to some of the world’s most influential consumers. In the 1970s, Nike had first begun to capture the attention of both trend-setting teenagers and financial observers. Selling a combination of basic footwear and street-smart athleticism, Nike pushed its revenues from a 1972 level of $60,000 to a startling $49 million in just ten years.4 It went public in 1980 and then astounded Wall Street in the mid-1990s as annual growth staye ...
Globalization is a process of interaction and integration among
the people, companies, and governments of different nations,
a process driven by international trade and investment and
aided by information technology. This process has Promise and
Perils, and different effects on the environment, on culture, on
political systems, on economic development and prosperity,
and on human physical well-being in societies around the world.
Nike and Starbucks are a key examples of globalisation
because, although they began in the USA, They are now
worldwide, well known brands, in the analyze of both case
studies of Nike and Starbucks we will follow this table of
Contents.
Running head SWEATSHOPS TO SWEATWASHING 1SWEATSHOPS TO SWEATW.docxagnesdcarey33086
Running head: SWEATSHOPS TO SWEATWASHING 1
SWEATSHOPS TO SWEATWASHING 4
From Sweatshops to Sweatwashing:
An Analysis of Nike’s Corporate Social Responsibility
Aaaaaaa
Bbbbbbb
Subject
Cccccccc
Introduction
Nike, Inc. was founded in 1964 by Philip H. Knight, who acted as President and CEO (Arnold & Hartman, 2003, p. 11). Knight named his successor, William Perez, in 2004 (Holmes, 2004, para. 1); Perez only lasted 13 months in the CEO position. He was then replaced by Mark Parker in 2006 (Holmes, 2006a, para. 5). The brand is distributed in 52 countries and possesses 550,000 workers. Nike produces 175 million pairs of shoes per year. It has 500 contract suppliers, half of which are located in Asia (Arnold & Hartman, 2003, p. 11). This paper will examine the sweatshop scandal of the 1990’s that Nike was involved with. The effect of the sweatshops on people, planet, and profits will also be addressed. The paper will explore the company’s current CSR practices. The paper will also examine what greenwashing is and the types of greenwashing. A culminating theme of this paper is an analysis determining whether or not Nike is indeed greenwashing. Lastly, the paper will provide recommendations based on the analysis.
Overview of Nike’s Sweatshop Practices
In 1984 Nike closed its last United States factory. With no more domestic factories, the majority of its facilities were located in Asia, which is where sweatshop and labor issues are most prominent. This decision cost 65,000 American workers their jobs (Glenn, 2004, para. 3). Most workers in the foreign factories are generally teenagers or unmarried mothers, whose ages range from 17 to 30 years. On average, each worker makes about 4.3 pairs of shoes per day (Glenn, 2004, para. 5-10). Nike’s Asian factories are located primarily in China, Thailand, Pakistan, Vietnam, Cambodia, and Indonesia. The company moved its operation abroad in an effort to cut labor costs (Levenson, 2008, p. 168-170). In some cases, Nike was able to reduce its labor expenses by paying workers a mere 20 cents an hour, to work in factories that had poor ventilation and similar unsafe as well as abusive environments (Bernstein, 2004, p. 1; Sage, 1999, pp. 216-217). The factory workers in Indonesia earn a wage of $2.50. The reported livable wage in Indonesia is about $4.00, making the $2.50 wage insufficient. It is a similar situation for Chinese workers, who make about $1.60 per day; some workers claim they do not receive the entire $1.60. Three simple meals in China cost about $2.10. Clearly, it can be seen that Nike factory workers are not paid enough to live a basic life. It is reported many of these Asian factory laborers are unpaid for any overtime they perform (Glenn, 2004, para. 5-10). Because they cannot afford boarding costs on their own, 60-70% of Nike workers in Asian countries are financially forced to rent rooms from the company. Rooms are identical and one-story. These rooms feature concrete walls .
IMPORTED BEERS DATAMarkup %140%Forecast Demand4.0%Annual Inventory Holding Cost RateActual Last QtrNext 4 QuartersProduct CodeCostPriceEnding Inventory12347979$ 10.49$ 14.69301001201251306786$ 11.59$ 16.232590951021082389$ 12.45$ 17.4320859090855453$ 11.43$ 16.0012668090909327$ 13.49$ 18.8915777880809134$ 16.22$ 22.718105951001054276$ 9.88$ 13.8310607075755532$ 10.43$ 14.60281101201251257612$ 12.28$ 17.19221301301301405583$ 15.73$ 22.02550607080175Inflation100%102%104%97%102%
The actual data from the end of the last quarter is shown with the costs and prices - Imported Beers in Kegs.
We plan our pricing by using a markup factor of 1.4 or 140%
This is our forecast of quarterly sales of the Imported Beer line for Kegs. And this is the forecast of inflation factors for the next four quarters. The inflation for the last quarter is shown as 100% as a basis for the next four quarters.
Note that we expect the usual seasonal cost reduction three quaters hence.
The total number of kegs of Imported Beer in ending inventory is 175. Our capacity for Kegs is 190 for Imported Beers.
The annual inventory holding cost rate is 4%.
Sheet2
Sheet3
Nike
An Organizational Profile of Supply Chain Abuse
Prepared for Professor Carlene Rose
Lakes Region Community College
Principles of Management
BUS2310L
What is Nike?
When I say “Nike”, what is the first thing that you think of? To the average American,
one who is likely reading this essay, Nike is an American footwear and fashion company, maybe
you think of their shoes, maybe you think of their signature swoosh trademark (one that has
become recognizable around the world in the recent decade), maybe if you’re an athlete, you
think of the relevant brands associated for your sport, maybe if you were a human rights activist,
you’d think of abuse, and in some cases, you might think “employer”. Whatever you associate
with Nike, whether it be its brands, history, or influence, it’s undeniable that it’s easily one of the
most recognizable American companies who have left an indelible mark upon the world. This
multi-faceted company can be seen in many lights, evoking many different emotions and ideas of
what it means to have an international influence, whether it be in terms of responsibility for
behaviors abroad, national pride, being a foreign invader, being a job maker, or even just being a
trend setter. The purpose of the organization profile will be to examine the conditions in which
the Nike Supply Chain exists and has existed, closely observing what abuses have occurred, what
changes have been made to change these issues, and if they have improved.
The History of Nike
Originally founded in 1964 as Blue Ribbon Sports, Nike was a company serving as a
distributor for a Japanese brand (one that would later come to be known as ASICS) in the United
States. The company was originally founded by two men, Phil Knight a ...
1st peer post 1.) The practice of using a nonviolent approach.docxaulasnilda
1st peer post :
1.) The practice of using a nonviolent approach for resistance and protest during the civil rights movement was key. The reason this was vital, is mainly because it sent a powerful message to the world, in that the violence was being administered by the oppressors and not the oppressed. If the oppressed had exhibited violence it would have taken the focus away from the issues they were fighting for (Drawing attention to the injustices during the Jim Crow era) and instead focused on violence. Although it took many years, the nonviolent movement proved to be successful.
2.) A few obvious civil rights issues are that of Police Brutality and Systematic Racism, consisting of a number of issues directly related to racism and oppression in the black community. The issue of unarmed black men and women being three times more likely to be killed by a police officer is one that has quickly gained more attention, mostly because people are able to record these incidents on their smart phones and post them to the internet for not only the US, but for the world to see. This issue has plagued the black community for far too long. Racism in the black community has created issues such as food desserts, lack of proper health care, and redlining. Lastly, human trafficking is also an issue that does not get enough attention. While there are tactics from the civil rights movement that can be used today, such as peaceful nonviolent marches, and organized social movements, I think that some things have changed in terms of what we are fighting for, and being that it is a different time, I’m not sure most of those strategies could be used to solve our modern day problems.
2nd peer post:
1. I think the values of using theses tactics was them showing the higher up people that had the ability to change that its effecting lots of people and showing them that people can come together as one to fight for what they believe in. Sit ins and court cases helped them be able to present themselves and show there knowledge and give their opinions and help bring attention to things and people that were being mistreated. I think it was a good approach to use to show people its another way, sometimes I think when something is going bad or someone is doing negative things you have to be the bigger person and show them the other side maybe it can open them up to something that they were missing.
2. Its some much discrimination going on in todays society that I don't know what to point out of where to start honestly. The Botham Jean's case is a big case I think that was a discrimination case just the story sounds fishy and a bold face lie. A innocent man was killed in his own home and she only got 10 years serving in the state and she will not even serve even half the time . I am a right for wrong type of person and she was totally wrong and out of place. I think that a lot of people with color and people who are experiencing discrimination are educating themse ...
Nike Case Study (Building a Global Brand Image)Wajid Ali
This particular presentation is based on our research, findings and recommendations regarding building the global brand image for Nike.
Hopefully this will help all interested students.
204 Chapter 6 The Challenge of Globalization What Are the Con.docxeugeniadean34240
204 Chapter 6 The Challenge of Globalization: What Are the Consequences?
The Noble Feat of Nike
NORBERG
Norberg contributed this article to London's
The Spectator in June 2003. In the essay, he takes issue
with those who think that globalization is the invention
of "ruthless international capitalists." In arguing his
case, Norberg centers his discussion on one symbol of
globalization-Nike-suggesting that we simply have
to look at our "feet" to understand Nike's "feat" in
advancing a benign form of globalization. Norberg
is the author of In Defense of Global Capitalism,
and writer and presenter of the recent documentary
Globalization Is Good. Since 2007, Norberg has been
associated with the Cato Institute, a conservative
Washington-based think tank.
Before Reading
Check your sneakers. Where were they made? What do you think the workers
earned to manufacture them? Do you think they were exploited? Explain your
response.
Nike. It means victory. It also means a type of expensive gym shoe. In the minds of the anti-globalisation movement, it stands for both at once.
Nike stands the victory of a Western footwear company over the poor
and dispossessed. Spongy, smelly, hungered after by kids across the world,
Nike is the symbol of the unacceptable triumph of global capital.
A Nike is a shoe that simultaneously kicks people out of jobs in the 2
West, and tramples on the poor in the Third World. Sold for 100 times
more than the wages of the peons who make them, Nike shoes are hate-
objects more potent, in the eyes of the protesters at this week's G8 riots,
than McDonald's hamburgers. If you want to be trendy these days, you
don't wear Nikes; you boycott them.
So I was interested to hear someone not only praising Nike sweatshops, 3
but also claiming that Nike is an example of a good and responsible busi-
ness. That someone was the ruling Communist party of Vietnam.
Today Nike has almost four times more workers in Vietnam than 4
in the United States. I travelJed to Ho Chi Minh to examine the effects
of multinational coroorations on poor countries. Nike being the most
and Vietnam being a dictatorshio with a
"The Noble Feat of Nike" by Johan Norberg, The Spectator, June 7, 2003. Reprinted by
permission.
Johan Norberg The Noble Feat of Nike 205
documented lack of free speech, the operation is supposed to be a classic
of conscience-free capitalist oppression.
In truth the work does look tough, and the conditions grim, if we 5
compare Vietnamese factories with what we have back home. But that's
not the comparison these workers make. They compare the work at Nike
with the way they lived before, or the way their parents or neighbours still
work. And the facts are revealing. The average pay at a Nike factory close
to Ho Chi Minh is $54 a month, almost three times the minimum wage for
a state-owned enterprise.
Ten years ago, when Nike was established in Vietnam, the workers had 6
to walk to the factories.
nike company presentation (nike diversification strategy ) follow me on on instagram @abhasduaxx like share subscribe, hope you like this and enjoy the presentation.
thank you
EDUC 742EDUC 742Reading Summary and Reflective Comments .docxtidwellveronique
EDUC 742
EDUC 742
Reading Summary and Reflective Comments Form & Instructions
For each assigned reading, summarize the main principles and reflect on these principles in order to make the content meaningful to you. This will ensure that you understand the reading and understand its relationship to daily life experiences within your educational setting or work environment. The reflective statements may draw on previous experiences or future plans to use the information from the reading. You are also encouraged to critique ideas in light of a biblical worldview. Summaries will be 100-125 words and will be in paragraph form, and the reflections will be 150-200 words. (Submit the Reading Summary by 11:59 p.m. (ET) on Sunday in Modules/Weeks 1, 3, 4, 5, and on Friday in Module/Week 8, adding the new entries each time.)
STUDENT NAME:
Bridget Pruitt
Reading
Assignment
Main Principles
Reflective Comments
Reading Summary 1
Razik and Swanson
Data within the United States is processed based on four assessments. The assessments are reading, math, science, and other subjects. They are based on 4th, 8th, and 12th graders. They are also broken up into different ethnic groups. There are a lot of data that is alarming within the U.S. Data is based on household characteristics, family and peer influences, and student achievement. Also in this chapter it reaches on the education reform movement. Global forces and the specific causes that are concerning within the U.S. education system. What are the causes of failure within the U.S. school system and what changes can be implemented to improve the rapid downfall of our education system.
When all of the assessments were implemented on the different groups that provided data that broke up the groups that is when I feel our education system had been broken. Ways of instruction as well as curriculum has not changed much, however, all of the testing data is what has changed and the ways that the data is being implemented. Schools have become all about the numbers instead of the importance of what is being taught to our children. If the U.S. school systems were not all about the numbers and teaching our children how to read and write I feel that our schools would be more successful in all the data assessments that are being implemented. The problem is that special attention is given to achievement gaps among ethnic and economic groups instead of teaching everyone the same way that was taught years and years ago. With all the changes within the school systems and how they are wanting teachers to teach their children has caused a lot of confusion as well as stress upon the teachers as well as the children.
Van
Brummelen
First of all, I love this book. It goes into practices and prospective within the interaction between theory and practice. It explains why in public schools that God cannot be taught and how the Christian schools central theme is focused in the teachings of Jesus Christ. In this chapter it.
EDUC 380 Blog Post Samples Module 1 The Brain Below .docxtidwellveronique
EDUC 380 Blog Post Samples
Module 1: The Brain
Below are some student examples that are excellent blog posts for the first two prompts in Module 1
(The Brain). The goal for the discussion posts is to engage in the module materials directly and explore
some of the questions and issues in each module more deeply. The posts are very important for your
learning. Below you will find comments to help you understand how these students met the rubric
requirements. The rubric for blog posts is posted in the end of this document and is in the course
syllabus.
Blog Post # 1:
● Describe a time when you engaged in something adults might consider risky and/or thoughtless:
● How old were you?
● Why did you do it?
● What were you thinking at the time?
Think back to the article on risk-taking you read and to the video you watched on the teen brain. What
connections can you make between the lecture, the article, and/or the video?
Growing up, my family would take annual trips to the river in Laughlin, Nevada. We
would go with our family friends who had kids with a wide range of ages. I was 13 years
old at the time within the middle age range. A big activity at the river is jumping off of
rocks. My parents did not want my sisters and me to engage in this activity. During one
of the annual trips, I joined the older teenagers on a boat ride to the “jumping rock.”
Depending on how much risk they wanted to take, there are different levels for people
to jump off of. All of the older teens were jumping off of the highest level. I decided to
join the older teens and jump from the tallest rock. At the time, I wanted to do it
because all of the older teenagers were doing it. I wanted to be like them. This was not
an impulsive decision. I had thought about doing this activity the whole trip and decided
to go on the boat ride, knowing they were going to jump off the tallest rock. The article,
“Beautiful Brains,” explains, “Seeking sensation isn’t necessarily impulsive. You might
plan a sensation-seeking experience- a skydive or a fast car…” (Dobbs, 2011, p. 49).
By jumping off the rock with them, I thought this would change their view of me as an
older and more mature teenager. When they changed their opinion about me, it would
allow me to hang out with them all the time. I was taking more risks because I would get
a higher reward. This relates to the article, “Beautiful Brains,” which states, “Teens take
more risks not because they don’t understand the dangers but because they weigh risk
versus reward differently. In situations where risk can get them something they want,
they value the reward more heavily than adults do” (Dobbs, 2011, p. 54). By jumping off
the tallest rock, it gave me the reward of spending more time with the older teenagers.
If I had jumped off the shorter rock, I could have not been accepted into the group
because they did not view me as mature as themselves. Therefore, I would have been
penalized for not.
More Related Content
Similar to Ch #6Marc Kasky versus NikeMarc Kasky of San Francisco sees .docx
Running head SWEATSHOPS TO SWEATWASHING 1SWEATSHOPS TO SWEATW.docxagnesdcarey33086
Running head: SWEATSHOPS TO SWEATWASHING 1
SWEATSHOPS TO SWEATWASHING 4
From Sweatshops to Sweatwashing:
An Analysis of Nike’s Corporate Social Responsibility
Aaaaaaa
Bbbbbbb
Subject
Cccccccc
Introduction
Nike, Inc. was founded in 1964 by Philip H. Knight, who acted as President and CEO (Arnold & Hartman, 2003, p. 11). Knight named his successor, William Perez, in 2004 (Holmes, 2004, para. 1); Perez only lasted 13 months in the CEO position. He was then replaced by Mark Parker in 2006 (Holmes, 2006a, para. 5). The brand is distributed in 52 countries and possesses 550,000 workers. Nike produces 175 million pairs of shoes per year. It has 500 contract suppliers, half of which are located in Asia (Arnold & Hartman, 2003, p. 11). This paper will examine the sweatshop scandal of the 1990’s that Nike was involved with. The effect of the sweatshops on people, planet, and profits will also be addressed. The paper will explore the company’s current CSR practices. The paper will also examine what greenwashing is and the types of greenwashing. A culminating theme of this paper is an analysis determining whether or not Nike is indeed greenwashing. Lastly, the paper will provide recommendations based on the analysis.
Overview of Nike’s Sweatshop Practices
In 1984 Nike closed its last United States factory. With no more domestic factories, the majority of its facilities were located in Asia, which is where sweatshop and labor issues are most prominent. This decision cost 65,000 American workers their jobs (Glenn, 2004, para. 3). Most workers in the foreign factories are generally teenagers or unmarried mothers, whose ages range from 17 to 30 years. On average, each worker makes about 4.3 pairs of shoes per day (Glenn, 2004, para. 5-10). Nike’s Asian factories are located primarily in China, Thailand, Pakistan, Vietnam, Cambodia, and Indonesia. The company moved its operation abroad in an effort to cut labor costs (Levenson, 2008, p. 168-170). In some cases, Nike was able to reduce its labor expenses by paying workers a mere 20 cents an hour, to work in factories that had poor ventilation and similar unsafe as well as abusive environments (Bernstein, 2004, p. 1; Sage, 1999, pp. 216-217). The factory workers in Indonesia earn a wage of $2.50. The reported livable wage in Indonesia is about $4.00, making the $2.50 wage insufficient. It is a similar situation for Chinese workers, who make about $1.60 per day; some workers claim they do not receive the entire $1.60. Three simple meals in China cost about $2.10. Clearly, it can be seen that Nike factory workers are not paid enough to live a basic life. It is reported many of these Asian factory laborers are unpaid for any overtime they perform (Glenn, 2004, para. 5-10). Because they cannot afford boarding costs on their own, 60-70% of Nike workers in Asian countries are financially forced to rent rooms from the company. Rooms are identical and one-story. These rooms feature concrete walls .
IMPORTED BEERS DATAMarkup %140%Forecast Demand4.0%Annual Inventory Holding Cost RateActual Last QtrNext 4 QuartersProduct CodeCostPriceEnding Inventory12347979$ 10.49$ 14.69301001201251306786$ 11.59$ 16.232590951021082389$ 12.45$ 17.4320859090855453$ 11.43$ 16.0012668090909327$ 13.49$ 18.8915777880809134$ 16.22$ 22.718105951001054276$ 9.88$ 13.8310607075755532$ 10.43$ 14.60281101201251257612$ 12.28$ 17.19221301301301405583$ 15.73$ 22.02550607080175Inflation100%102%104%97%102%
The actual data from the end of the last quarter is shown with the costs and prices - Imported Beers in Kegs.
We plan our pricing by using a markup factor of 1.4 or 140%
This is our forecast of quarterly sales of the Imported Beer line for Kegs. And this is the forecast of inflation factors for the next four quarters. The inflation for the last quarter is shown as 100% as a basis for the next four quarters.
Note that we expect the usual seasonal cost reduction three quaters hence.
The total number of kegs of Imported Beer in ending inventory is 175. Our capacity for Kegs is 190 for Imported Beers.
The annual inventory holding cost rate is 4%.
Sheet2
Sheet3
Nike
An Organizational Profile of Supply Chain Abuse
Prepared for Professor Carlene Rose
Lakes Region Community College
Principles of Management
BUS2310L
What is Nike?
When I say “Nike”, what is the first thing that you think of? To the average American,
one who is likely reading this essay, Nike is an American footwear and fashion company, maybe
you think of their shoes, maybe you think of their signature swoosh trademark (one that has
become recognizable around the world in the recent decade), maybe if you’re an athlete, you
think of the relevant brands associated for your sport, maybe if you were a human rights activist,
you’d think of abuse, and in some cases, you might think “employer”. Whatever you associate
with Nike, whether it be its brands, history, or influence, it’s undeniable that it’s easily one of the
most recognizable American companies who have left an indelible mark upon the world. This
multi-faceted company can be seen in many lights, evoking many different emotions and ideas of
what it means to have an international influence, whether it be in terms of responsibility for
behaviors abroad, national pride, being a foreign invader, being a job maker, or even just being a
trend setter. The purpose of the organization profile will be to examine the conditions in which
the Nike Supply Chain exists and has existed, closely observing what abuses have occurred, what
changes have been made to change these issues, and if they have improved.
The History of Nike
Originally founded in 1964 as Blue Ribbon Sports, Nike was a company serving as a
distributor for a Japanese brand (one that would later come to be known as ASICS) in the United
States. The company was originally founded by two men, Phil Knight a ...
1st peer post 1.) The practice of using a nonviolent approach.docxaulasnilda
1st peer post :
1.) The practice of using a nonviolent approach for resistance and protest during the civil rights movement was key. The reason this was vital, is mainly because it sent a powerful message to the world, in that the violence was being administered by the oppressors and not the oppressed. If the oppressed had exhibited violence it would have taken the focus away from the issues they were fighting for (Drawing attention to the injustices during the Jim Crow era) and instead focused on violence. Although it took many years, the nonviolent movement proved to be successful.
2.) A few obvious civil rights issues are that of Police Brutality and Systematic Racism, consisting of a number of issues directly related to racism and oppression in the black community. The issue of unarmed black men and women being three times more likely to be killed by a police officer is one that has quickly gained more attention, mostly because people are able to record these incidents on their smart phones and post them to the internet for not only the US, but for the world to see. This issue has plagued the black community for far too long. Racism in the black community has created issues such as food desserts, lack of proper health care, and redlining. Lastly, human trafficking is also an issue that does not get enough attention. While there are tactics from the civil rights movement that can be used today, such as peaceful nonviolent marches, and organized social movements, I think that some things have changed in terms of what we are fighting for, and being that it is a different time, I’m not sure most of those strategies could be used to solve our modern day problems.
2nd peer post:
1. I think the values of using theses tactics was them showing the higher up people that had the ability to change that its effecting lots of people and showing them that people can come together as one to fight for what they believe in. Sit ins and court cases helped them be able to present themselves and show there knowledge and give their opinions and help bring attention to things and people that were being mistreated. I think it was a good approach to use to show people its another way, sometimes I think when something is going bad or someone is doing negative things you have to be the bigger person and show them the other side maybe it can open them up to something that they were missing.
2. Its some much discrimination going on in todays society that I don't know what to point out of where to start honestly. The Botham Jean's case is a big case I think that was a discrimination case just the story sounds fishy and a bold face lie. A innocent man was killed in his own home and she only got 10 years serving in the state and she will not even serve even half the time . I am a right for wrong type of person and she was totally wrong and out of place. I think that a lot of people with color and people who are experiencing discrimination are educating themse ...
Nike Case Study (Building a Global Brand Image)Wajid Ali
This particular presentation is based on our research, findings and recommendations regarding building the global brand image for Nike.
Hopefully this will help all interested students.
204 Chapter 6 The Challenge of Globalization What Are the Con.docxeugeniadean34240
204 Chapter 6 The Challenge of Globalization: What Are the Consequences?
The Noble Feat of Nike
NORBERG
Norberg contributed this article to London's
The Spectator in June 2003. In the essay, he takes issue
with those who think that globalization is the invention
of "ruthless international capitalists." In arguing his
case, Norberg centers his discussion on one symbol of
globalization-Nike-suggesting that we simply have
to look at our "feet" to understand Nike's "feat" in
advancing a benign form of globalization. Norberg
is the author of In Defense of Global Capitalism,
and writer and presenter of the recent documentary
Globalization Is Good. Since 2007, Norberg has been
associated with the Cato Institute, a conservative
Washington-based think tank.
Before Reading
Check your sneakers. Where were they made? What do you think the workers
earned to manufacture them? Do you think they were exploited? Explain your
response.
Nike. It means victory. It also means a type of expensive gym shoe. In the minds of the anti-globalisation movement, it stands for both at once.
Nike stands the victory of a Western footwear company over the poor
and dispossessed. Spongy, smelly, hungered after by kids across the world,
Nike is the symbol of the unacceptable triumph of global capital.
A Nike is a shoe that simultaneously kicks people out of jobs in the 2
West, and tramples on the poor in the Third World. Sold for 100 times
more than the wages of the peons who make them, Nike shoes are hate-
objects more potent, in the eyes of the protesters at this week's G8 riots,
than McDonald's hamburgers. If you want to be trendy these days, you
don't wear Nikes; you boycott them.
So I was interested to hear someone not only praising Nike sweatshops, 3
but also claiming that Nike is an example of a good and responsible busi-
ness. That someone was the ruling Communist party of Vietnam.
Today Nike has almost four times more workers in Vietnam than 4
in the United States. I travelJed to Ho Chi Minh to examine the effects
of multinational coroorations on poor countries. Nike being the most
and Vietnam being a dictatorshio with a
"The Noble Feat of Nike" by Johan Norberg, The Spectator, June 7, 2003. Reprinted by
permission.
Johan Norberg The Noble Feat of Nike 205
documented lack of free speech, the operation is supposed to be a classic
of conscience-free capitalist oppression.
In truth the work does look tough, and the conditions grim, if we 5
compare Vietnamese factories with what we have back home. But that's
not the comparison these workers make. They compare the work at Nike
with the way they lived before, or the way their parents or neighbours still
work. And the facts are revealing. The average pay at a Nike factory close
to Ho Chi Minh is $54 a month, almost three times the minimum wage for
a state-owned enterprise.
Ten years ago, when Nike was established in Vietnam, the workers had 6
to walk to the factories.
nike company presentation (nike diversification strategy ) follow me on on instagram @abhasduaxx like share subscribe, hope you like this and enjoy the presentation.
thank you
EDUC 742EDUC 742Reading Summary and Reflective Comments .docxtidwellveronique
EDUC 742
EDUC 742
Reading Summary and Reflective Comments Form & Instructions
For each assigned reading, summarize the main principles and reflect on these principles in order to make the content meaningful to you. This will ensure that you understand the reading and understand its relationship to daily life experiences within your educational setting or work environment. The reflective statements may draw on previous experiences or future plans to use the information from the reading. You are also encouraged to critique ideas in light of a biblical worldview. Summaries will be 100-125 words and will be in paragraph form, and the reflections will be 150-200 words. (Submit the Reading Summary by 11:59 p.m. (ET) on Sunday in Modules/Weeks 1, 3, 4, 5, and on Friday in Module/Week 8, adding the new entries each time.)
STUDENT NAME:
Bridget Pruitt
Reading
Assignment
Main Principles
Reflective Comments
Reading Summary 1
Razik and Swanson
Data within the United States is processed based on four assessments. The assessments are reading, math, science, and other subjects. They are based on 4th, 8th, and 12th graders. They are also broken up into different ethnic groups. There are a lot of data that is alarming within the U.S. Data is based on household characteristics, family and peer influences, and student achievement. Also in this chapter it reaches on the education reform movement. Global forces and the specific causes that are concerning within the U.S. education system. What are the causes of failure within the U.S. school system and what changes can be implemented to improve the rapid downfall of our education system.
When all of the assessments were implemented on the different groups that provided data that broke up the groups that is when I feel our education system had been broken. Ways of instruction as well as curriculum has not changed much, however, all of the testing data is what has changed and the ways that the data is being implemented. Schools have become all about the numbers instead of the importance of what is being taught to our children. If the U.S. school systems were not all about the numbers and teaching our children how to read and write I feel that our schools would be more successful in all the data assessments that are being implemented. The problem is that special attention is given to achievement gaps among ethnic and economic groups instead of teaching everyone the same way that was taught years and years ago. With all the changes within the school systems and how they are wanting teachers to teach their children has caused a lot of confusion as well as stress upon the teachers as well as the children.
Van
Brummelen
First of all, I love this book. It goes into practices and prospective within the interaction between theory and practice. It explains why in public schools that God cannot be taught and how the Christian schools central theme is focused in the teachings of Jesus Christ. In this chapter it.
EDUC 380 Blog Post Samples Module 1 The Brain Below .docxtidwellveronique
EDUC 380 Blog Post Samples
Module 1: The Brain
Below are some student examples that are excellent blog posts for the first two prompts in Module 1
(The Brain). The goal for the discussion posts is to engage in the module materials directly and explore
some of the questions and issues in each module more deeply. The posts are very important for your
learning. Below you will find comments to help you understand how these students met the rubric
requirements. The rubric for blog posts is posted in the end of this document and is in the course
syllabus.
Blog Post # 1:
● Describe a time when you engaged in something adults might consider risky and/or thoughtless:
● How old were you?
● Why did you do it?
● What were you thinking at the time?
Think back to the article on risk-taking you read and to the video you watched on the teen brain. What
connections can you make between the lecture, the article, and/or the video?
Growing up, my family would take annual trips to the river in Laughlin, Nevada. We
would go with our family friends who had kids with a wide range of ages. I was 13 years
old at the time within the middle age range. A big activity at the river is jumping off of
rocks. My parents did not want my sisters and me to engage in this activity. During one
of the annual trips, I joined the older teenagers on a boat ride to the “jumping rock.”
Depending on how much risk they wanted to take, there are different levels for people
to jump off of. All of the older teens were jumping off of the highest level. I decided to
join the older teens and jump from the tallest rock. At the time, I wanted to do it
because all of the older teenagers were doing it. I wanted to be like them. This was not
an impulsive decision. I had thought about doing this activity the whole trip and decided
to go on the boat ride, knowing they were going to jump off the tallest rock. The article,
“Beautiful Brains,” explains, “Seeking sensation isn’t necessarily impulsive. You might
plan a sensation-seeking experience- a skydive or a fast car…” (Dobbs, 2011, p. 49).
By jumping off the rock with them, I thought this would change their view of me as an
older and more mature teenager. When they changed their opinion about me, it would
allow me to hang out with them all the time. I was taking more risks because I would get
a higher reward. This relates to the article, “Beautiful Brains,” which states, “Teens take
more risks not because they don’t understand the dangers but because they weigh risk
versus reward differently. In situations where risk can get them something they want,
they value the reward more heavily than adults do” (Dobbs, 2011, p. 54). By jumping off
the tallest rock, it gave me the reward of spending more time with the older teenagers.
If I had jumped off the shorter rock, I could have not been accepted into the group
because they did not view me as mature as themselves. Therefore, I would have been
penalized for not.
EDUC 741Course Project Part 1 Grading RubricCriteriaLevels .docxtidwellveronique
EDUC 741
Course Project: Part 1 Grading Rubric
Criteria
Levels of Achievement
Content 70%
Advanced
Proficient
Developing
Not Present
Analysis
13 to 14 points
The analysis thoroughly interprets and examines at least three referred journal articles for perspective, validity, and significance of the findings.
12 points
The analysis partially interprets and examines at least three referred journal articles for perspective, validity, and significance of the findings.
1 to 11 points
The analysis attempts of some aspects of analysis and interpretation of journal articles in a limited way. The review is more descriptive than analytical.
0 points
Not present
Use of Evidence and Relevant Outside Information
13 points
The analysis is thoroughly supported with relevant facts, arguments, examples, and details. Information outside the subject articles is often incorporated into the analysis.
11 to 12 points
The analysis is generally supported with relevant facts, arguments, and details. Information outside the subject articles is occasionally incorporated into the analysis.
1 to 10 points
The analysis is thoroughly supported with some facts, arguments, examples, and details. Information outside the subject articles is incorporated in a limited way into the analysis.
0 points
Not present
Organization and Development
13 points
The analysis is quite well-reasoned, indicating substantial breath and depth of thinking. The summary of each article is thorough and meaningful.
11 to 12 points
The analysis is generally well-reasoned, indicating some breath and depth of thinking. The summary of each article is generally sound.
1 to 10 points
The analysis has limited reasoning, indicating a surface understanding of the articles. The summary of each article is limited.
0 points
Not present
Body – Biblical Worldview
13 points
A biblical worldview perspective is clearly articulated and is supported by appropriate Scripture references, course requirements, and application.
11 to 12 points
A biblical worldview perspective is articulated but is not supported by Scripture or is not appropriate, and somewhat applies to course requirements and application.
1 to 10 points
A biblical worldview perspective is poorly articulated and is not supported by Scripture or is not appropriate, and does not apply to course requirements and application.
0 points
Not present
Structure 30%
Advanced
Proficient
Developing
Not Present
Grammar and Spelling
6 points
Correct spelling and grammar are used throughout the essay. There are 0–2 errors in grammar or spelling that distract the reader from the content.
5 points
There are 3–5 errors in grammar or spelling that distract the reader from the content.
1 to 4 points
There are 6–10 errors in grammar or spelling that distract the reader from the content.
0 points
There are more than 10 errors in the grammar or spelling that distract the reader from the content.
Sentence Structure and Mechanics
6 points
Sentences are well-phrased and varied in lengt.
EDUC 740
Prayer Reflection Report Grading Rubric
Criteria
Levels of Achievement
Content 70%
Advanced
Proficient
Developing
Not present
Structure & Organization
33 to 35 points
The paper has a clearly constructed introduction that builds the foundation for further reflection. The structure is clear, logical, and easy to follow. Each paragraph is focused and uses excellent transitions from previous paragraphs. The paper has a clear conclusion. Overall writing style is appropriate for a graduate-level course.
30 to 32 points
The paper has a constructed introduction that builds the foundation for further reflection. The structure is clear, logical, and easy to follow. Each paragraph is focused and uses transitions from previous paragraphs. The paper has a conclusion. Overall writing style is appropriate for a graduate-level course.
1 to 29 points
The paper has a constructed introduction that is beginning to build the foundation for further reflection. The structure is vague and difficult to follow. Not all paragraphs are focused and don’t always use transitions from previous paragraphs. The paper has a conclusion. Overall writing style is not appropriate for a graduate-level course.
0 points
Not present
Analysis
19 to 20 points
The content reflects higher-level thinking through critical self-evaluation and application of principles learned. Includes a discussion of your reflections based on your personal prayer journal, including any changes and/or positive things that you have seen occur in the lives of the leaders you have chosen. Includes specific examples of ways that you have seen changes in the lives of the leaders you have chosen. Includes specific examples of the impact of the assignment on your own life.
17 to 18 points
The content reflects thinking through self-evaluation and application of principles learned. Includes a discussion of your reflections based on your personal prayer journal, including any changes and/or positive things that you have seen occur in the lives of the leaders you have chosen. Includes examples of ways that you have seen changes in the lives of the leaders you have chosen. Includes examples of the impact of the assignment on your own life.
1 to 16 points
The content does not reflect higher-level thinking through critical self-evaluation and application of principles learned. Includes a vague discussion of your reflections based on your personal prayer journal, including any changes and/or positive things that you have seen occur in the lives of the leaders you have chosen. Includes minimal examples of ways that you have seen changes in the lives of the leaders you have chosen. Includes ambiguous examples of the impact of the assignment on your own life.
0 points
Not present
Support
14 to 15 points
Biblical references and principles are integrated into the paper appropriately, demonstrating an excellent understanding of biblical leadership principles.
13 points
Biblical references and principles are integrated.
EDUC 6733 Action Research for EducatorsReading LiteracyDraft.docxtidwellveronique
EDUC 6733 Action Research for Educators
Reading Literacy
Draft
Part A
The context of the classroom setting
In the first section of this action research project I will address the context of classroom setting. Although, it is as important as the teaching itself and understand it is essential in creating learning environments in which every student can thrive. According to Pallardy, context is a classroom’s characteristics such as the composition of the student body, classroom structures and resources. Furthermore, by establishing that context is dependent on student learning we are able to come up with an action research question that will be discussed in this essay. The action research will be on the reading workshop; Is motivation among students a big challenge when it comes to reading literacy?
In addition, a reading workshop is one way to structure a class. Developing strong reading skills in students is one of the key goals in an educational program. Reading workshops encourages the students to become better readers. To accommodate the children’s variability, I assess the children through instructing them to write journals on what they have read and giving them vocabulary tests on that week’s reading. This helps when it comes to identifying student with a reading problem and can be able to tailor lessons to individuals.
One of the concerns that I have experienced in this classroom setting of reading workshops is children’s motivation to read books that they have selected. Their ability to choose the right book and their commitment to stay with the book until they finished is also a concern when it comes to their motivation when reading books. These findings were drawn from the data of the journals and vocabulary test that I had assigned to them. The journals that they wrote the boys in the class performed poorly more than the girls. There is also the fact that the boys in the class didn’t find satisfaction in reading unlike the girls. The boys also were not reading books of their own accord unlike the girls in the class who spent hours with ‘series’ books and other chapter books.
The classroom has 24 students; 52% are boys and 48% are girls. The last two tests on vocabulary showed that girls performed more than the boys. Also, the literature review was discouraging: the boys were lagging the girls. This concerns may be a product of the independent reading workshop and of the freedom of children to choose their own books during that session.
Through observation and interaction with the boys that excelled in the literature reviews I noted that families had a strong impact and the boys that saw their fathers at home read were more likely to choose to read. Therefore, having spoken with the school administration I invited some of the male role models for the boys. I invited teachers, some of their fathers, other school male employees to visit the class and talk about their reading habits. Some of them were frank about their discovery about.
EDUC 637
Technology Portfolio InstructionsGeneral Overview
For this assignment, you will identify forms of and applications for technology for use in a middle school social studies classroom. You will be required to describe the general applications of these technologies, specific applied activities in the general social studies arena, and provide an evaluation.Learning Objective
You will develop a portfolio of technologies that could be used in a middle school social studies classroom, identifying general uses, aligned appropriate national social studies standards, potential activities, and good and bad points to that technology’s use.Assignment Process
1. Select 10 technologies (defined below) that can be used in an educational setting/environment for each of the categories listed below. Notice that I did not say educational or instructional technologies. This is to not restrict you to that search parameter, but rather to allow you to explore critically any technology that might have a pedagogical use. Select technologies representing:
a. Hardware devices
b. Business/productivity software (i.e., Microsoft Office)
c. Web-based technologies (delivered via the Internet)
d. Multimedia software (audio, video, graphical)
e. Games/entertainment
2. Then review each technology answering the following questions in 1–2 paragraphs for each question (best recorded in a word-processing program like Microsoft Word as a multi-page document). Questions to answer include:
a. What are the general functions and purposes of this technology?
b. What types of social studies objectives/goals could be met by this technology and how? Please relate to an NCSS main theme (or more than 1 if appropriate).
c. What, in your opinion, are the good and bad points of using this technology in a pedagogical setting? Consider this a risk analysis.
3. Turn in the completed assignment by 11:59 p.m. (ET) on Sunday of Module/Week 2.
EDUC 637
Literature Review InstructionsGeneral Overview
Please read the instructions and rubric for the Literature Review assignment BEFORE you sign-up for a topic. You will want to select a topic wisely so you will be able to identify 5 trends in your research.
For this assignment, you will select a topic in the general area of social studies instruction in middle grade education and examine accompanying literature related to that topic to identify the latest trends and issues. Ultimately, you will compile these results into a PowerPoint presentation of around 10 slides to identify these trends.Learning Objective
You will develop a presentation identifying general trends in middle-grade social studies education associated with a set of articles in the content area.Assignment Process
1. Begin classifying and compiling articles and sub-topics into groups of information for presentation (note 5 trends).
2. You should have scanned at least 30 articles in the process, which then need to be provided as part of this assignment in an attached bi.
EDUC 364 The Role of Cultural Diversity in Schooling A dialecti.docxtidwellveronique
EDUC 364: The Role of Cultural Diversity in Schooling
A dialectical journal is one in which you engage in conversation with the text. This involves pulling quotes from the text, and providing your reaction, thoughts, analysis and/or questions about what you’ve read. When reading a chapter from Spring(chapter2 and 3), choose 3-5 short passages/selections from each assigned chapter on which to reflect. See the example below. You can format your DJ in a chart format (see next page for template), or you can format it simply as a question/answer format like below. The goal is to use the DJ to think through your reactions and prepare for discussion. Submit your DJ to Cougar Courses prior to class, and if you don’t have your computer with you in class, print it out so you have it with you for a class discussion
Example
Quote: “Faced with the world’s migration of people’s, some countries, such as Singapore, have maintained cultural pluralism by providing public schools that use the child’s home language and reflect the cultural values of the child’s home. Through the use of educational methods that promote cultural pluralism, Singapore has been able to maintain Chinese, Malay, and Indian cultures and languages. Therefore, there have been different educational approaches to the intersection of cultures resulting from globalization...Minority cultures in the United State have primarily experienced cultural genocide, deculturalization, and denial of education. Immigrant groups have mostly experienced assimilation and hybridity.” (Chapter 1).
Response: This is always what I come back to when thinking about American education. We could have chosen a different path, a different approach educating the various groups of children that have come through the school system. But instead of seeing schooling primarily as a democratizing tool, the founders and those in government who came after them saw schooling as a tool for deculturalization, for imposing hegemony. What is most frustrating is how to tease out how our current system still contains the legacy of those oppressive institutional choices. Seeing those remnants for what they are--clearly--is the only way to change the system to truly benefit all kids.
.
EDUC 144 Writing Tips The writing assignments in this cla.docxtidwellveronique
EDUC 144 Writing Tips
The writing assignments in this class require students to engage in critical thinking and analysis,
producing papers that go beyond simple summaries of course readings by utilizing concepts, ideas, and
findings in course readings to critically analyze contemporary schooling and academic achievement in
the United States. Below is a list of suggestions to help you write strong papers that are critical and
analytical.
The introductory paragraph should briefly mention the topic and purpose/focus of your paper and state
your thesis in clear, specific terms (i.e. “In this paper, I will argue…” or “I will contend...,” or “I will
demonstrate…”).
Each paragraph in the body of the paper should be tightly organized around one main idea. Each
paragraph should build on previous ones and provide concrete examples/findings from the week’s
readings that serve as data that support your analysis, or examples from your own experiences and
observations of schooling that serve as evidence in support of your analysis. If you are drawing on a
specific theoretical concept(s) or idea(s) in your analysis, remember to clearly define and explain the
concept(s) or idea(s) before using that concept(s) or idea(s) to investigate and analyze particular aspects
of contemporary schooling.
The concluding paragraph needs to restate the thesis and main points addressed in the paper.
Sometimes writers do not know what their argument is until they have reached the end of the paper—or
the thesis has changed by the end. If either of these happens to you, be sure to put your thesis in the first
paragraph as well and/or make sure that you are making the same argument throughout the paper.
Things to keep in mind, at the level of the paragraph:
Make sure your comments are relevant to the topic at hand: one way to do this is to make an outline of
each paragraph’s main idea; each one should clearly relate to the topic and focus/purpose or thesis of
your paper. It is writer’s responsibility to select relevant concepts or ideas, examples of research
findings from the week’s readings, and/or personal experiences and observations that relate directly to
the topic and purpose/focus of the paper. It is not appropriate to expect the reader to do this instead.
Remember, examples/research findings and personal experiences and observations are not “obviously”
evidence in support of your analysis until you explicitly explain how these examples/findings/
experiences/observations support the claims in your analysis.
Make sure each paragraph’s main idea is clearly connected to your thesis.
*Smoothly transition between paragraphs: connect first line of new paragraph with main idea of
previous paragraph.
*Stick to the facts at hand—do not overstate your case.
Things to keep in mind, at the level of the sentence:
*Tighten sentence structure: combine sentences when possible by eliminating redundant information.
*Employ p.
EDUC 1300- LEARNING FRAMEWORK
Portfolio Page Prompts
INTRODUCTION
This page introduces, not you, but your portfolio. . Invite people into the portfolio and give them a reason for
exploring further Convey your purpose in creating the portfolio. Include a picture of yourself, and a quote
that is meaningful to you. No attachment is needed on this page. (10 points)
ABOUT ME
This page introduces you. Share information about yourself – your family, hobbies, work, and what you enjoy.
Don’t just TELL people, SHOW who you are, too. Things you might include: photos, images, or video/links
that interest you. Attach your Quality World Essay or another paper about yourself to this page. (10 points)
GOALS
List your long-term goals: personal, education, career. Identify the short-term and intermediate goals that will
help you progress toward these long-term goals. Include images that help you and your viewer visualize your
goals. Attach your degree plan/Timeline assignment to show your academic plans/goals. (10 points)
LEARNING
This page showcases what you’ve learned about your learning. Collect information you’ve gathered about
yourself and how you learn, such as learning styles inventories, personality type indicators, and your
Strengthsquest assessment. Interpret those results and draw conclusions about yourself from this evidence and
write about it. Attach your Insight Report from Strengthsquest so your viewer can learn more about your top
5 strengths or another assessment report which have helped you identify how you learn. (15 points)
THINKING
What have you learned this semester about critical thinking? What have you created that demonstrates the
quality of your thinking? Select examples and identify these qualities in your reflection. Attach an
assignment/paper from this class or another that show your thinking abilities. (15 points)
RESEARCH
On this page, post a question that you’ve selected to research and write what you found. What did you learn
about using the online databases? How will that help you in future classes? Attach your annotated
bibliography/research organizers and/or a research paper from another course. (15 points)
REFLECTION:
Your Introduction page described the purpose of the portfolio. On this page, provide a conclusion. Reflect on
your experience in the course and semester in creating this portfolio. Consider the following prompts:
What expectations or assumptions did you have before the course began? Were they valid or invalid?
How has the course contributed to your understanding of yourself and others?
What impact did the course have on your understanding of your quality world?
How do you now assume responsibility for your learning? What thinking and behaviors will you further
develop on your journey to becoming an autonomous learner?
(15 points)
EDUC 1300 Learning Framework Grading Rubric
Page Unsatisfactory
.
EDU734 Teaching and Learning Environment Week 5.docxtidwellveronique
EDU734: Teaching and
Learning Environment
Week 5: Curriculum
Development
Topic goals
To gain an understanding of the concept of
curriculum development and its importance
To gain an understanding of how curriculum
is implemented in different cultural contexts
Task – Forum
Do you think that the current school curriculum needs
to be adapted more to the modern culture? If so, in
what ways do you think it can be done?
What do you consider to be the implications for the
nature of valid knowledge in the future school curriculum?
EDU734: Teaching and Learning Environment Page 1
EDU734: Teaching and
Learning Environment
5.1 Introduction
Curriculum lies at the heart of educational policies and practices.
They are are highly political documents which convey ideological positions about
the type of education that should be given in different cultural contexts and the
citizenship values that can be shared by the citizen of a state (Apple, 2004).
Each society has its own values and beliefs which they want to be translated into
educational objectives via the curriculum.
“Curriculum is a comprehensive plan for an educational programme/institute/
course to offer new or improved manpower to accomplish the rising needs of a
dynamic society” (Pillai, 2015).
5.1.1 Orientations to curriculum
Child-centred
Society-centred
Knowledge-centred
Eclectic
5.1.2 Determinants of the curriculum
Basic needs
Social aspects
Cultural factors
Individual talents
Ideals: intellectual, moral, aesthetic, religious
Tradition
(Pillai, 2015)
EDU734: Teaching and Learning Environment Page 2
EDU734: Teaching and
Learning Environment
5.2 Definition of Curriculum Development
Curriculum development is defined as the process which is planned, purposeful,
progressive, and systematic in order to create positive improvements in the
educational system.
The curriculum is affected by any changes or developments that affect society
(Alvior, 2014).
It needs to correspond to those changes but at the same time to respect all
people despite of gender, ethnicity, disability, religion etc. (Symeonidou and
Mavrou, 2014).
2. How can
1. What learning 3. How can
4. How can the
educational experiences learning
effectiveness of
purposes that are likely to experiences be
learning
should the be useful in organised for
experiences be
school seek to attaining these effective
evaluated?
attain? objectives be instruction?
selected?
Diagram 5.1: Four questions for the organization and development of the
curriculum (Tyler, 1949, cited in Howard, 2007)
EDU734: Teaching and Learning Environment Page 3
EDU734: Teaching and
Learning Environment
5.2.1 Four principles for the development of any curriculum:
Def.
EDU 505 – Contemporary Issues in EducationCOURSE DESCRIPTION.docxtidwellveronique
EDU 505 – Contemporary Issues in Education
COURSE DESCRIPTION
Examines theory, research, and practices relating to critical issues faced by educators today. Discusses contemporary concerns in American and global education: National and local initiatives in education, the evolving relationship between schools and communities, impacts of public policy on the educational enterprise, and current social, political, economic, and legal issues influencing schools are explored from American and global perspectives. Evaluates the future of education in both industrial and developing countries, including growth of learning needs and inequities both within and between countries. Emphasizes problem identification, analysis, and remediation, with the latter focusing on “best of breed” innovative practices.
INSTRUCTIONAL MATERIALS
Required Resources – Textbook
Tozer, S. E., Senese, G., & Violas, P. C. (2013). School and society: Historical and contemporary perspectives (7th ed.). New York, NY: McGraw-Hill.
Required Resources – Articles
Baker, B., Sciarra, D., & Farrie, D. (2014). Is School Funding Fair? A National Report Card. Retrieved from http://www.schoolfundingfairness.org/National_Report_Card_2014.pdf
Baker, B., & Corcoran, S. (2012). The Stealth Inequities of School Funding: How State and Local School Finance Systems Perpetuate Inequitable Student Spending. Center for American Progress. Retrieved from https://www.americanprogress.org/issues/education/report/2012/09/19/38189/the-stealth-inequities-of-school-funding/
Brackemyre, T. (2012). Education to the Masses: The Rise of Public Education in Early America. History Scene. Retrieved from http://www.ushistoryscene.com/uncategorized/riseofpubliceducation/
Cobb, N. (2014). Climate, Culture and Collaboration: The Key to Creating Safe and Supportive Schools. Techniques: Connecting Education and Careers. Retrieved from: http://eds.b.ebscohost.com/eds/pdfviewer/pdfviewer?sid=1bde4a76-6090-47af-8294-13f37c6936c7%40sessionmgr110&vid=16&hid=112
Gardner, H. (2011). To improve U.S. education, it’s time to treat teachers as professionals. The Washington Post. Retrieved from http://www.washingtonpost.com/national/on-leadership/to-improve-us-education-its-time-to-treat-teachers-as-professionals/2011/07/18/gIQA8oh2LI_story.html
Garrity, C., & Jens, K. (1997). Bully Proofing Your School: Creating a Positive Climate. Intervention in School & Clinic. Retrieved from http://eds.b.ebscohost.com/eds/detail/detail?vid=2&sid=1bde4a76-6090-47af-8294-13f37c6936c7%40sessionmgr110&hid=112&bdata=JnNpdGU9ZWRzLWxpdmUmc2NvcGU9c2l0ZQ%3d%3d#db=a9h&AN=9703123351
Hiler, T., & Hatalsky, L.(2014). TEACH Grant Trap: Program to Encourage Young People to Teach Falls Short. Third Way. Retrieved from http://www.thirdway.org/memo/teach-grant-trap-program-to-encourage-young-people-to-teach-falls-short
Hinduja, S., & Patchin, J. (2015). Cyberbullying Legislation and Case Law: Implications for School Policy and Practice. Retrieved from.
EDU 3338 Lesson Plan TemplateCandidate NameCooperatin.docxtidwellveronique
EDU 3338 Lesson Plan Template
Candidate Name:
Cooperating Teacher Name:
Placement Site:
Grade Level:
Subject:
Length of Lesson:
Lesson Title:
Date of Lesson:
Learning Central Focus
Central Focus
What is the central focus for the content in the learning segment?
Content Standard
What standard(s) are most relevant to the learning goals?
Student Learning Goal(s)/ Objective(s)
Skills/procedures
What are the specific learning goal(s) for student in this lesson?
Concepts and reasoning/problem solving/thinking/strategies[footnoteRef:1] [1: The prompt provided here should be modified to reflect subject specific aspects of learning. Language here is mathematics related. See candidate edTPA handbooks for the “Making Good Choices” resource for subject specific components. ]
What are the specific learning goal(s) for students in this lesson?
Prior Academic Knowledge and Conceptions
What knowledge, skills, and concepts must students already know to be successful with this lesson?
What prior knowledge and/or gaps in knowledge do these students have that are necessary to support the learning of the skills and concepts for this lesson?
Theoretical Principles and/or Research–Based Best Practices
Why are the learning tasks for this lesson appropriate for your students?
Materials
What materials does the teacher need for this lesson?
What materials do the students need for this lesson?
Assessments, Instructional Strategies, and Learning Tasks
Description of what the teacher (you) will be doing and/or what the students will be doing.
Launch
__________ Minutes
How will you start the lesson to engage and motivate students in learning?
Pre-Assessment
How will you find out what students already know about the lesson objective?
What tangible pre-assessments will you administer?
How will you evaluate student performance on the pre-assessment?
Instruction
__________ Minutes
What will you do to engage students in developing understanding of the lesson objective(s)?
How will you link the new content (skills and concepts) to students’ prior academic learning and their personal/cultural and community assets?
What will you say and do? What questions will you ask?
How will you engage students to help them understand the concepts?
What will students do?
How will you determine if students are meeting the intended learning objectives?
Structured Practice and
Application
__________ Minutes
How will you give students the opportunity to practice so you can provide feedback?
How will students apply what they have learned?
How will you structure opportunities for students to work with partners or in groups? What criteria will you use when forming groups?
Formative Assessment
What formative assessment techniques will you utilize to determine if students are meeting the intended learning objectives?
Differentiation/ Planned Support
How will you provide students access to learning based on individual and group need.
EDU 3215 Lesson Plan Template & Elements Name Andres Rod.docxtidwellveronique
EDU 3215 Lesson Plan Template & Elements
Name: Andres Rodriguez
Email address: [email protected]
Content Areas: English Language Arts and Social Studies
Common Core Standard(s): (list and write all applicable)
ELA CCSS:
RI 7.1 - Cite several pieces of textual evidence to support analysis of what the text says explicitly
as well as inferences drawn from the text.
RI 7.3 - Analyze the interactions between individuals, events, and ideas in a text (e.g., how ideas
influence individuals or events, or how individuals influence ideas or events).
RI 7. 4 - Determine the meaning of words and phrases as they are used in a text, including
figurative, connotative, and technical meanings; analyze the impact of a specific word choice on
meaning and tone.
CCSS: RH.6–8.1: Cite specific textual evidence to support analysis of primary and secondary
sources.
RH.6–8.2: Determine the central ideas or information of a primary or secondary source; provide
an accurate summary of the source distinct from prior knowledge or opinions.
Essential Question(s): How did colonists, African Americans, and Native Americans choose
sides during the Revolutionary War?
Introduction and Lesson Objective (outline the purpose for the lesson in 50 -100 words)
E.g., This lesson is focused on the role of the Native Americans during the American
Revolution. Students explored the roles of the Patriots and the Red Coats and will synthesize this
information with the roles of Native Americans during the American Revolution. The purpose is
for students to understand the variety of people and reasons who were involved in the American
Revolution.
Resources/Materials/Technology Utilized:
E.g., Computer, Smartboard, NewsELA article, Reading about Mohawk Mary Molly Bryant,
Notebooks, Pens, Pencils, Index cards, looseleaf
Instructional Sequence (x amount of minutes/ how many days will this lesson cover).
Include evidence of Explicit Instruction within the tasks/activity:
ortliebe
Highlight
ortliebe
Highlight
Time Allocation Objective Activity
Assessment/Evaluatio
n
7-9 minutes
This will help
the teacher
gauge what
knowledge the
students are
coming into the
lesson with.
Do Now - Answer the
following question:
Who do you think the
Native Americans fought
with/along side during the
American Revolution?
Why do you believe they
chose this side.
Teacher will walk
around and take note
of how many students
choose Patriots or Red
Coats. This will help
with grouping in
future lessons.
10 minutes
Reading a
document about
Mohawk Mary
Molly Bryant as
a class to help
students with
annotating
relevant facts
and details that
will help them
answer critical
thinking
questions later
on.
Reading a document about
a Native American woman,
Mohawk Mary Molly
Bryant as a class. Teacher
asks the following
questions during the
reading and students
underline/annotate the
answers based on t.
EDST 1100R SITUATED LEARNING EDST 1100 N Situated Learning .docxtidwellveronique
EDST 1100R: SITUATED LEARNING
EDST 1100 N: Situated Learning
Thursdays, 2.30 – 5.30
Keele Campus, Mac 050B
Winter, 2020
Instructor: Dr. Lorin Schwarz
Email: [email protected]
Office Hours: ½ hour after class, or by appointment
*
Learning is intentional and contextual, and it involves developing systems and structures that not only allow but also encourage organization members to learn and grow together –to develop “communities of practice.”
-Preskill and Torres
The idea of a subject that calls to us is more than metaphor. In the community of truth, the knower is not the only active agent –the subject itself participates in the dialectic of knowing...geologists are people who hear rocks speak, historians are people who hear the voices of the long dead, writers are people who hear the music of words. The things of the world call to us, and we are drawn to them –each of us to different things, as each is drawn to different friends.
--Parker J. Palmer
Teaching is a complex, relational, and creative event. When I teach, I am simultaneously involved in several dynamic relations: with myself, with my everyday world, with my subject matter, and with my students. I cannot really teach if I am not engaged with my students or if my students are not involved with me.
--Carol S. Becker
The relationship between our physical constraints and the assertion of our freedom is not a 'problem' requiring a solution. It is simply the way human beings are. Our condition is to be ambiguous to the core, and our task is to learn to manage the movement and uncertainty in our existence, not banish it...the ambiguous human condition means tirelessly trying to take control of things. We have to do two near-impossible things at once: understand ourselves as limited by circumstances, and yet continue to pursue our projects as though we are truly in control.
--Sarah Bakewell
Course Description
Welcome to EDST 1100: “Situated Learning.” As described in the university calendar, the aims of this seminar are as follows:
“This course is framed around situated learning theories in relation to the provisioning of educational experiences in a variety of contexts (e.g., early familial experiences, formal educational experiences, cultural educational experiences, employment educational experiences). Students are first introduced to the major principles of families of learning theories (e.g., behaviourism, cognitivism, social learning theory, social constructivism). This introduction is followed by in-depth study of situated learning theory drawing from Lave and Wenger (1991) a seminal text in the field. Students engage in exploring exemplars of situated learning drawing from theory to understand the factors at play in the exemplars because, as situated learning theory would suggest, the representations of situated learning theory must be situated in relation to reference points. Given any particular learning engagement’s situational parameters, stu.
EDU 151 Thematic Unit Required ComponentsThematic Unit Requireme.docxtidwellveronique
EDU 151 Thematic Unit Required Components
Thematic Unit Requirements
Component Parts of Selected Thematic Unit
A) Study Topic - Select a specific appropriate topic reflecting children’s interests and experiences. Topics that are too broad or not developmentally applicable will not be considered. Examples of this type of topic include Ocean, Rain Forest, Outer Space. Examples of specific appropriate topics are shoes, worms, rocks.
A)
B) Age Level –“Birth through Second Grade” Select an age or grade level.
B)
C) Focus - Develop a one-sentence focus statement that summarizes the direction and intent of the unit.
C)
D) Objectives - Identify three or four specific objectives you wish children to master by the completion of the unit, use the appropriate NC Early Learning Standards for the age of the child.
D)
E) Resources - You will need to cite all resources used throughout the study topic. For example: Internet resources (specific web site), printed resources, magazines, newspaper, journals, audio/visual resources, field trips, etc.
E)
F) Extensions Activities - Complete the attached Lesson Plan Forms in detail. You should also include two extension activities (extended activities or enrichment activities).
F)
G) Discussion Questions – Include at least three open-ended questions that will help children think about the topic in varied and divergent ways.
G)
H) Literature Selections - Select children’s books that relate to the theme and are developmentally appropriate for the children you will be working with
H)
I) Culminating activity - The culminating activity is a project or activity that engages children in a meaningful summarization of their discoveries and leads to new ideas, understandings and connections.
J) Evaluation - Devise appropriate means of evaluating children’s progress throughout the unit based on the objectives chosen above.
Student Name: _________ Date: _________
Assessment Name: Study Topic Unit
This assessment is used in every section of EDU 151
This assessment is designed to focus on Standards #4 and #5
This assessment is designed to focus on Supportive Skill # 3, #4, and #5
D/F
C
B
A
100
Unsatisfactory
Average
Good
Very Good
Standard or
Supportive Skill
Key Elements
Basic Knowledge
Comprehension
Application
Synthesis
Comments
Standard 4: Using Developmentally Effective Approaches to Connect with Children and Families
(Attach Weekly Planning Form to Standard 4c in School Chapters)
4c. Using a broad repertoire of developmentally appropriate teaching/learning approaches
Activities are not developmentally appropriate and do not incorporate a range of teaching approaches
0 – 12
Activities are mostly developmentally appropriate and incorporate a few teaching approaches
13
Activities are developmentally appropriate and incorporate varied teaching approaches
14
Activities are developmentally appropriate and incorporate a wide array of teaching approache.
EDSP 429
Differentiated Instruction PowerPoint Instructions
The purpose of this assignment is to produce a PowerPoint presentation that demonstrates your ability to apply course concepts and vocabulary to the topic of differentiated instruction.
Differentiated instruction is a form of instruction that seeks to maximize each student’s growth by recognizing that students have different ways of learning, different interests, and different ways of responding to instruction. In practice, it involves offering several different learning experiences in response to students’ varied needs. You will use theories, vocabulary, and models to construct a PowerPoint presentation that gives an overview of differentiated instruction.
1. Construct the PowerPoint presentation as if you were addressing peers in an in-service training on differentiated instruction.
2. The PowerPoint presentation must be 7–12 slides.
3. The PowerPoint presentation must address the following topics:
· Definition of differentiated instruction
· Advantages to students with special needs
· At least 3 specific examples of differentiated instruction
· References page
The Differentiated Instruction PowerPoint is due by 11:59 p.m. (ET) on Monday of Module/Week 5.
EDSP 429
D
IFFERENTIATED
I
NSTRUCTION
P
OWER
P
OINT
I
NSTRUCTIONS
The purpose of
this assignment is to produce a
PowerPoint
p
resentation that demonstrates
your
ability to apply course concepts and vocabulary to the topic of
d
ifferentiated
i
nstruction
.
Differentiated
instruction is a form of instruction that seeks to maximize each student
’
s growth
by recognizing that students have different ways of learning, different interests, and different
ways of responding to instruction. In practice, it involves offering several
different learning
experiences in response to students
’
varied needs.
You will
use theories, vocabulary, and models
to construct a
PowerPoint
p
resentation that gives an overview of differentiated
instruction
.
1.
Construct the
PowerPoint
presentation as if yo
u were addressing peers in an in
-
service
training on differentiated instruction.
2.
The
PowerPoint
presentation
must
be 7
–
12
slides
.
3.
The
PowerPoint
presentation
must
address the following topics:
·
Definition of differentiated
i
nstruction
·
Advantages to student
s with special needs
·
At least 3
specific examples
of differentiated instruction
·
References
page
The
Differentiated Instruction
PowerPoint
is due by 11:59 p.m. (ET) on Monday of
M
odule/
W
eek
5
.
EDSP 429
DIFFERENTIATED INSTRUCTION POWERPOINT INSTRUCTIONS
The purpose of this assignment is to produce a PowerPoint presentation that demonstrates your
ability to apply course concepts and vocabulary to the topic of differentiated instruction.
Differentiated instruction is a form of instruction that seeks to maximize each student’s growth
by recognizing that students have different ways of learning, different interests,.
EDSP 429Fact Sheet on Disability Categories InstructionsThe pu.docxtidwellveronique
EDSP 429
Fact Sheet on Disability Categories Instructions
The purpose of this assignment is to produce a Fact Sheet that demonstrates your ability to articulate the characteristics of each of the IDEA recognized categories of disabilities.
The Individuals with Disabilities Education Act guarantees a free appropriate public education to eligible children with disabilities. It specifically identifies 13 categories of disabilities that are entitled to special education services. Using relevant reliable websites and your text, you are to construct a Fact Sheet that explains each of the disability categories in terms that are understandable for the general public.
1. Develop the Fact Sheet as if it would be used to educate parents or others in the general public about disabilities that receive special education services.
2. Include an introduction stating the purpose of the fact sheet and the information provided.
3. Each disability category must be fully defined.
4. A minimum of 3 sources should be cited and referenced, one of which should be the textbook.
5. A reference page must be included.
The Fact Sheet on Disability Categories is due by 11:59 p.m. (ET) on Monday of Module/Week 2.
EDSP 429
F
ACT
S
HEET ON
D
ISABILITY
C
ATEGORIES
I
NSTRUCTIONS
The purpose of
this assignment is to produce a
Fact Sheet
that demonstrates
your
ability to
articulate the charac
teristics of each of the IDEA
recognized categories of disabilities.
The Individuals with Disabilities Education Act guarantees a free appropriate public education to
eligible children with disabilities. It specifically identifies 13 categories of disabilities that are
entitled to special education services. Using
relevan
t reliable websites and your text, you are to
construct a Fact Sheet that explains each of the disability categories in terms that are
understandable for the general public.
1.
Develop the Fact Sheet as if it would be used to educate parents or others in th
e general
public about disabilities that receive special education services.
2.
Include an introduction stating the purpose of the fact sheet and the information provided.
3.
Each disability category must be fully defined
.
4.
A minimum of 3 sources should be cited
and referenced, one of which should be the
textbook.
5.
A reference page must be included.
The
Fact Sheet on Disability Categories
is due by 11:59 p.m. (ET) on Monday of
M
odule/
W
eek
2
.
EDSP 429
FACT SHEET ON DISABILITY CATEGORIES INSTRUCTIONS
The purpose of this assignment is to produce a Fact Sheet that demonstrates your ability to
articulate the characteristics of each of the IDEA recognized categories of disabilities.
The Individuals with Disabilities Education Act guarantees a free appropriate public education to
eligible children with disabilities. It specifically identifies 13 categories of disabilities that are
entitled to special education services. Using relevant reliable websites and your.
EDSP 370Individualized Education Plan (IEP) InstructionsThe .docxtidwellveronique
EDSP 370
Individualized Education Plan (IEP) Instructions
The purpose of this assignment is to provide a means of practice in IEP development. You will be expected to produce an IEP – full in its overall scope but not in-depth. This will allow you to apply the knowledge learned within the course as a whole. The IEP will be written in three phases in order to provide assistance and feedback as well as allow for improvements. ONLY DO PHASE 1. STOP WORKING WHEN YOU SEE THIS:
THIS IS THE END OF THE WEEK 3 ASSIGNMENT.
· Phase 1
You will complete the following components of the IEP:
Notice
Cover Page
Factors
Present Level of Performance (PLOP)
Diploma Status
Phase 11 and 111 will get competed in weeks to follow (DO NOT COMPLETE THIS PORTION).
· Phase II
You will revise IEP 1 based on instructor comments and complete the
following additional components:
Goals
Objectives
Accommodations/Modifications
Participation in State Accountability and Assessment System
· Phase III
You will revise IEP II based on instructor comments and complete the
following additional components:
Least Restrictive Environment (LRE)
Transition
Extended School Year (ESY)
Parent Consent
You will be using the Michael Jones case study which has been provided with the instucstions to this. All portions of the IEP will pertain to Michael. It is understood that it will be difficult to fully consider the development of an IEP without more exhaustive details considering Michael’s educational and functional strengths and weaknesses.
To complete the IEP, it will be necessary to review all of the assigned reading and presentations. You may also research current information on Virginia Department of Education’s website. These resources provide valuable information and examples to help create the IEP. You will use the IEP template that is a sample created from the VA DOE’s sample IEP, also located in the Assignment Instruction folder for Module/Week 3.
Page 1 of 1
SAMPLE
School Division Letterhead
IEP MEETING NOTICE
Date:
To:
Susie and Robert Jones________________
and
Michael______________________________________
Parent(s)/Adult Student Student (if appropriate or if transition will be discussed)
You are invited to attend an IEP meeting regarding Michael Jones
Student’s Name
PURPOSE OF MEETING (check all that apply):
· IEP Development or Review
· IEP Amendment
· Transition: Postsecondary Goals, Transition Services
· Manifestation Determination
· Other: ________________________________________________________________________________
The meeting has been scheduled for:
Date Time Location
Meetings are scheduled at a mutually agreed upon place and time by y.
EDSP 377
Scenario Instructions
Scenario 2: Teaching communication skills
Scenario assignments are designed to help the candidate synthesize and apply course content to real-world situations involving individuals with ASD. In Scenario #2, candidates will create a lesson plan for a pre-K student with autism who has communication needs.
Scenario: You are a pre-K teacher for a 4-year-old student with autism named Johnsaan. Johnsaan has difficulty asking for help when he needs something. Instead of asking for help using words, he grunts and waves his hands until he gets a response and engages in challenging behaviors. As Johnsaan's teacher, you need to teach him to use words to ask for help, which should decrease his challenging behavior. What components need to be included in your lesson plan?
Assignment: Drawing on the lesson planning and delivery techniques discussed in Chapter 5, create a lesson plan that could be used to teach Johnsaan to ask for help. Be sure your lesson plan includes the 5 major components of a lesson plan, outlined in Chapter 5, that will enhance your student's ability to express himself when he needs help. The final assignment should be a completed lesson plan, approximately 2 pages (Times New Roman, 12-point font) and an additional 1-page candidate reflection.
Step 1: Identify the main components of the lesson including the goal and/or objective, specific information related to the conditions for responding, types of reinforcers and reinforcement schedule, mastery criteria and evaluation methods.
Step 2: Develop a formal lesson incorporating at least 1 specified presentation style outlined in Chapter 5: Direct Instruction (DI), Discreet Trial Training (DTT), Milieu Teaching (MU), Grouping, or Embedded ABA Teaching Strategies. The formal lesson plan must include an opportunity for guided practice and independent practice. Opportunities for generalization and maintenance should be outlined.
Step 3: Reflect upon the lesson planning process. The reflection should integrate course materials and a biblical world-view, including at least 2 in-text citations and reference list following APA formatting. The following considerations should be addressed within the reflection:
· Rationale for the identification of selected target skill and presentation style(s).
· Review of the lesson planning process including consideration of pre-requisite skills and next steps after lesson implementation.
· Identification of possible challenges with implementation and how these potential challenges will be addressed prior to and during instruction.
EDSP 377
S
CENARIO
I
NSTRUCTIONS
S
CENARIO
2
:
T
EACHING COMMUNICATIO
N SKILLS
Scenario assignments are design
ed
to help the candidate synthesize and apply course
content
to
real
-
world situations involving individuals with ASD.
In
Scenario #2
, candidates will
create
a
lesson plan for a pre
-
K student with aut
ism who has communication needs.
Scenario:
You are a pre.
EDSP 377
Autism Interventions
1. Applied Behavior Analysis (ABA)
2. Auditory Integration Training (AIT)
3. Biochemical Therapies
4. Circle of Friends
5. Computer Aided Instruction
6. Dietary Restrictions and/or Supplements (including enzymes and vitamins)
7. DIR/Floortime Approach (Greenspan)
8. Discrete Trial Training (DTT)
9. Early Intervention Behavioral Intervention (EIBI)
10. Early Start Denver Model (ESDM), for young children with autism
11. Functional Communication Training (FCT)
12. Holding Therapies
13. Hyperbaric Oxygen Chamber Treatments
14. Joint Attention Interventions
15. Music Therapy
16. Naturalistic Intervention
17. Options Therapy (Son Rise)
18. Peer Mediated Instruction and Intervention
19. Pharmacological Approaches
20. Picture Exchange Communication System (PECS)
21. Pivotal Response Training (PRT)
22. Play Groups
23. Power Cards
24. Relationship Development Intervention (RDI)
25. Research on Connection with Mercury and the MMR to autism
26. Research on Siblings of Children with Autism
27. Research on Transition Services for Employment
28. Research on Transition to the Adult World
29. Research on Twin Studies
30. SCERTS Model (Social Communication, Emotional Regulation, and Transactional Support)
31. Sensory Integration
32. Sign Language
33. Social Stories
34. TEACCH (Treatment and Education of Autistic and related Communication-handicapped Children)
35. Visual Strategies and Supports
36. Video Modeling
A
UTISM
I
NTERVENTIONS
1.
Applied Behavior Analysis (ABA)
2.
Aud
itory Integration Training (AIT)
3.
Biochemical Therapies
4.
Circle of Friends
5.
Computer Aided Instruction
6.
Dietary
R
estrictions and/or
S
upplements (including enzymes and vitamins)
7.
DIR/Floortime Approach (Greenspan)
8.
Discrete Trial Training
(DTT)
9.
Early Intervention Behavioral Intervention (EIBI)
10.
Early Start Denver Model (ESDM)
,
for young children with autism
11.
Functional Communication Training (FCT)
12.
Holding Therapies
13.
Hyperbaric Oxygen C
hamber Treatments
14.
Joint
Attention Interventions
15.
Music Therapy
16.
Naturalistic Intervention
17.
Options Therapy (Son Rise)
18.
Peer
M
ediated
I
nstruction and
I
ntervention
19.
Pharmacological
A
pproaches
20.
Picture Exchange Communication System (PECS)
21.
Pivotal Response Training
(PRT)
22.
Play Groups
23.
Power Cards
24.
Relationship Development Intervention (RDI)
25.
Research on
C
onnection with
M
ercury and the MMR to autism
26.
Research on
S
iblings of
C
hildren with
A
utism
27.
Research on
T
ransition
S
ervices for
E
mployment
28.
Research on
T
ransition to the
A
dult
W
orld
29.
Research on
T
win
S
tudies
30.
SCERTS Model (Social
Communication
,
Emotional Regulation
, and
Transactional Support)
31.
Sensory Integration
32.
Sign
L
anguage
33.
Social Stories
34.
TEACCH (Treatment and Education of Autistic and related
Communication
-
handicapped C
h
ildren)
35.
Visual Strategies
and .
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
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Antifertility, Toxicity studies as per OECD guidelines
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
How to Make a Field invisible in Odoo 17Celine George
It is possible to hide or invisible some fields in odoo. Commonly using “invisible” attribute in the field definition to invisible the fields. This slide will show how to make a field invisible in odoo 17.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
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The French Revolution Class 9 Study Material pdf free download
Ch #6Marc Kasky versus NikeMarc Kasky of San Francisco sees .docx
1. Ch #6
Marc Kasky versus Nike
Marc Kasky of San Francisco sees his world as a com- munity
and has a long history of caring about the others in it. He got
early lessons in business ethics from his father, who ran a car
repair business.
The customer would bring his car in and say there’s something
horribly wrong in my car: I think I need a new transmission. . . .
My father would call them back an hour later and say, “Come
get your car, there was a loose screw here and there; I fixed it.
What does it cost? Nothing.” I saw how that affected our
family. It impressed me a great deal.1
After graduating from Yale University in 1969, he volunteered
to work in poor Cleveland neighbor- hoods. Moving to San
Francisco, he headed a non- profit center for foundations that
funded schools. He involved himself in civic and environmental
causes. He also became an avid jogger and ran marathons.
Over the years Kasky wore many pairs of Nike shoes and
considered them a “good product.”2 But he stopped buying them
in the mid-1990s after reading stories about working conditions
in overseas factories where they were made. By then Nike, Inc.,
had be- come the main focus of the anti-sweatshop cause, ac-
cused of exploiting low-wage workers who made its shoes and
clothing. The more Kasky read about Nike, the more convinced
he was that it was not only vic- timizing workers, but lying
about it too. Kasky sought the help of an old friend, Alan
Caplan, an at- torney who had achieved fame in progressive
circles by bringing the suit that forced R. J. Reynolds to stop
using Joe Camel in its ads.
With Caplan’s help, Kasky sued Nike in 1998 for false
advertising, alleging it had made untrue state- ments about its
labor practices. This was not Kasky’s first lawsuit. Previously,
he had sued Perrier over its claim to be “spring water” and
2. Pillsbury Co. for labeling Mexican vegetables with the words
“San Francisco style.” Both suits were settled.3 Nike sought
dismissal of Kasky’s suit, arguing that the statements he
questioned were part of a public de- bate about sweatshops and
protected by the First Amendment.
NIKE
Nike, Inc., is the world’s largest producer of athletic shoes and
sports apparel. It grew out of a handshake in 1962 between Bill
Bowerman, the track coach at the University of Oregon, and
Phil Knight, a runner he had coached in the 1950s. Knight had
just received an MBA from Stanford University, where in a term
paper he had written about competing against estab- lished
athletic shoe companies by importing shoes made in low-wage
Asian factories. Now he was ready to try it. He and Bowerman
each put up $550 and Knight flew to Japan, arranging to import
300 pairs of Onitsuka Tiger shoes.
After seven years, Knight and Bowerman decided to stop selling
the Japanese company’s brand and create their own. So they
designed a shoe and sub- contracted its production to a factory
in Japan. By now Bowerman and Knight had incorporated, and
an employee suggested naming the company Nike, for the Greek
goddess of victory. Knight paid a design student at Portland
State University $35 to create a logo. She drew a “swoosh.” The
elements of future market conquest were now in place and the
company rapidly grew.
Nike succeeded using two basic strategies. First, its product
strategy is to design innovative, fashion- able footwear and
apparel for affluent markets, then have contractors in low-wage
countries manufacture it. This way Nike avoids the cost of
building and managing factories. At first, it made most of its
shoes in Japan (some were made in the United States until
1980), but as wages rose there it moved contracts to plants in
South Korea and Taiwan. When wages rose in these countries,
Nike again shifted production, this time to China, Indonesia,
and Thailand, and later to Vietnam.
Second, its marketing strategy is to create care- fully calculated
3. brand images. Advertising associates the Nike brand with a
range of ideas. Prominent among them is the idea of sport.
Endorsements by professional athletes and college teams endow
the swoosh with a high-performance image. Campaigns with the
“just do it” slogan add connotations of com- petition, courage,
strength, and winning. Other ad- vertising associates the brand
with urban culture to make it “street cool.” In this way Nike
transforms shoes and T-shirts that would otherwise be low-cost
commodities into high-priced, high-fashion items that generate
positive emotions when they are worn.
THE SWEATSHOP LABOR ISSUE
By 1980 when the company went public, it had seized half the
world’s athletic shoe market. But the out- sourcing and
advertising strategies that propelled it to the top put it on a
collision course with a force in its social environment. This
force, the sweatshop issue, would gain power and cause
considerable damage.
In 1988 an Indonesian union newspaper pub- lished a study of
bad working conditions in a plant making Nike footwear.4 Soon
other critical articles appeared in the Indonesian press. The
AFL-CIO decided to investigate how workers were being treated
in plants that manufactured for American firms and sent an
investigator named Jeffrey Ballinger to Indonesia. Ballinger
focused on Nike contractors, gathering detailed information.
In 1992 he published a clever indictment of Nike in Harper’s
Magazine by exhibiting the monthly pay stub of an Indonesian
woman named Sadisah who made Nike running shoes. Sadisah
worked on an as- sembly line 10-and-a-half hours a day, six
days a week, making $1.03 per day or about $0.14 an hour, less
than the Indonesian minimum wage. She was paid only $0.02 an
hour for 63 hours of overtime during the pay period. Her home
was all she could afford, a rented shanty lacking electricity and
plumb- ing. The Nikes she made sold for $80 in the United
States, yet the cost of her labor per shoe was only $0.12. If
anyone missed the point, Ballinger noted that the year before
Nike had made a profit of $287 mil- lion and signed Michael
4. Jordan to a $20 million ad- vertising contract, a sum that
Sadisah would have had to work 44,492 years to earn.5
Ballinger’s article appeared with a flurry of other negative
stories, but the issue did not immediately heat up. Nevertheless,
Nike elected to show more responsi- bility for the welfare of
foreign workers. In 1992 it adopted a “Code of Conduct”
requiring its contractors to certify compliance with local
minimum wage, child labor, health, safety, workers’
compensation, forced labor, environmental, and discrimination
laws. In 1994, it hired the accounting firm Ernst & Young to
audit code compliance by making spot checks at factories.
These developments suggest that at some point CEO Philip
Knight came to believe that even if Nike did not directly
employ foreign workers, it benefited from their labor and so had
an ethical duty toward their welfare. But Nike would not escape
damage from the issue. The code and spot checks were not
enough. Negative stories about its contract factories grew more
numerous.
Finally, the issue exploded after April 1996 congres- sional
testimony by the leader of a human rights group, who said
clothing for Walmart’s Kathie Lee ap- parel line was made at a
Honduran factory where chil- dren worked 14 hours a day.
Daytime television viewers saw talk show host Kathie Lee
Gifford reduced to tears as she responded, “You can say I’m
ugly, you can say I’m not talented, but when you say that I
don’t care about children . . . How dare you?”6 Now the issue
had emotional content for American consumers.
Soon after the Gifford spectacle anti-sweatshop activists
decided to focus on Nike, and attacks heated up. Nike was an
industry leader. If it could be re- formed, other clothing
companies and retailers would fall into line. It was also
vulnerable to a brand name attack. Advocacy groups joined
forces to in- form the public of what they saw as a gap between
the inspiring images in Nike’s advertising and the grim reality
of its labor practices. This alarmed Nike because bad publicity
could rub away the image magic that made its brand cool.
5. NIKE AT WAR WITH ITS CRITICS
The war over Nike’s image would be fought in the media. An
early skirmish came when Bob Herbert at The New York Times
wrote the first of what became a yearlong series of columns
berating Nike. After de- scribing a climate of atrocities in
Indonesia, including government-condoned killings and torture,
he ac- cused Nike of using “the magnificent image of Michael
Jordan soaring, twisting, driving, flying” to divert attention
from its exploitation of Indonesian workers. “Nike executives
know exactly what is go- ing on in Indonesia. They are not
bothered by the cries of the oppressed. It suits them. Each cry is
a sig- nal that their investment is paying off. CEO Philip Knight
quickly responded with a letter to the editor, citing ways that
Nike tried to help work- ers, and noting that it paid “double the
minimum wage” and “had an oversight system that works.” He
accused Herbert of trying to “sacrifice enlightenment for
hype.”8 Herbert’s response was a second column rebuking Nike
for running theme ads about women’s empowerment while most
of its shoes were produced “by grossly underpaid women stuck
in utterly pow- erless and often abusive circumstances.”9
Over the next two years, negative stories about Nike appeared
with increasing frequency (see Ex- hibit 1). An inspection
report by the human rights group Vietnam Labor Watch reported
that young women working in a Nike factory were paid submin-
imum wages. A supervisor had forced 56 women to run twice
around the 1.2-mile factory boundary un- der a hot sun for
failing to wear regulation shoes. Twelve of them fainted and
required hospitaliza- tion.10 Gary Trudeau drew a series of
Doonesbury cartoons based on these allegations.
Activists urged people to return Nike sneakers during “shoe-
ins” at Niketown outlets. A disgruntled Ernst & Young
employee leaked a confidential spot inspection report on a
Vietnamese shoe factory. It showed violations of Vietnamese
labor law and said that 77 percent of the employees suffered
respiratory problems from breathing toxic vapors at levels that
violated both Vietnamese and U.S. standards.11 Another group,
6. the Hong Kong Christian Industrial Committee, released a study
of Nike factories in China documenting long workdays, forced
overtime, pay below minimum wages, and unsafe levels of
airborne dust and toxic chemicals.12 The Oregonian, the paper
in Portland where Nike is headquartered, called Nike “an
international human rights incident.”13
Now Nike found itself at the center of a world- wide debate
over sweatshops. The company expanded efforts to stop
workplace abuses and started a public relations campaign. At
great expense it became the only shoe company in the world to
eliminate the use of polyvinyl chloride in shoe con- struction,
ending worker exposure to chlorine com- pounds. It revised its
conduct code, expanding protections for workers. It set up a
compliance department of more than 50 employees. Its staff
members were assigned to specific Asian plants or to a region,
where they trained local managers and did audits assessing code
compliance.14
Working with Kathie Lee Gifford, other apparel companies,
human rights and labor groups, and uni- versities that buy
school clothing, Nike helped to start a voluntary CSR initiative
called the Fair Labor Association to enforce a code of conduct
and monitor- ing scheme to end sweatshop labor. It hired
Andrew Young, a former U.S. ambassador to the United
Nations, to visit Asian plants and write an inspection report.
Young toured 12 factories over 15 days and found that
conditions “certainly did not appear to be what most Americans
would call sweatshops Nike purchased full-page editorial
advertisements in newspapers to broadcast his generally
favorable findings, saying the report showed it was “operating
morally” and promising to act on his recommenda- tions for
improvement.
Finally, Nike ran a public relations counteroffen- sive. Unlike
some rival firms that lay low, it chose to confront critics. It
hired an experienced strategist to manage the campaign. Nike
responded to every charge, no matter how small or what the
source. Al- legations were countered with press releases, letters
7. to the editor, and letters to presidents and athletic directors of
universities using Nike products. In these communications Nike
sought to portray itself as a responsible employer creating
opportunity for thousands of workers in emerging economies.
CEO Knight expressed the Nike philosophy, saying, “This is
going to be a long fight, but I’m confident the truth will win in
the end.
THE KASKY LAWSUIT
While Knight thought he was fighting for truth, Marc Kasky
perceived something less noble—a fraud conducted to sell shoes
and T-shirts. He be- lieved that Nike knowingly deceived
consumers, who relied on the company’s statements for reassur-
ance that their purchases did not sustain sweat- shops. Under an
unusual state law, any California citizen can sue a corporation
on behalf of the public for an unlawful business practice. Kasky
took advantage of this provision, alleging that Nike had
engaged in negligent misrepresentation, fraud and deceit, and
misleading advertising in violation of the state’s commercial
code. The code prohibits “any unlawful, unfair, deceptive,
untrue or misleading advertising.”17
In his complaint, Kasky accused Nike of using a “promotional
scheme,” including its code of con- duct, to create a “carefully
cultured image” that was “intended . . . to entice consumers who
do not want to purchase products made in sweatshop . . . condi-
tions.”18 He set forth six classes of misleading claims.
• In its Code of Conduct (see Exhibit 2) and in a “Nike
Production Primer” pamphlet given to the media, Nike stated
that its contracts prevent corporal punishment and sexual
harassment at factories making Nike products. But the Vietnam
Labor Watch report told of workers forced to kneel in the hot
sun and described frequent complaints by female employees
against their supervisors.
· In a range of promotional materials Nike asserted that its
products were manufactured in compliance with laws and
regulations on wages and over- time. But evidence from a report
by the Hong Kong Christian Industrial Committee and the
8. leaked Ernst & Young audit showed that plants in China and
Vietnam violated such laws.
· At the Nike annual shareholder meeting in 1997 CEO Knight
said that the air in Nike’s newest Vietnam shoe factory was less
polluted than the air in Los Angeles. But the Ernst & Young
report documented exposures to excessive levels of hazardous
air pollutants.
· In his letter to the editor of The New York Times, Knight
stated that Nike paid, on average, double the minimum wage to
workers worldwide. But this was contradicted by data from pay
stubs in the Vietnam Labor Watch report. He also said that Nike
gave workers free meals, but an article in the Youth Newspaper
of Ho Chi Minh City reported that workers paid for lunches.
· In its paid editorial ads discussing Andrew Young’s report on
its factories, Nike made the claim that it was “doing a good job”
and “operating morally.” But the report was deficient because it
failed to address central issues such as minimum wage
violations.
· In a press release Nike made the claim that it guaranteed a
“living wage for all workers.” But the director of its own Labor
Practices Depart- ment had written a letter defining a “living
wage” as income sufficient to support a family of four, then
stated that the company did not ask contrac- tors to raise wages
that high.
Kasky sought no monetary gain for himself. Instead, he asked
for an injunction against further deception, a court-approved
public information cam- paign forcing the company to correct
misrepresenta- tions, disgorgement of Nike profits from
California sales, and payment of his legal expenses. However,
Superior Court Judge David A. Garcia threw the case out. There
was no trial to decide whether any of the statements made by
Nike were misleading. The judge simply accepted Nike’s claim
that the statements in question were part of an ongo- ing public
debate and, therefore, entitled to broad protection.
COMMERCIAL SPEECH OR
PROTECTED EXPRESSION?
9. Freedom of speech is a central value in American culture. It
derives from a long philosophical tradi- tion, exemplified in
John Stuart Mill’s classic essay On Liberty. Mill believed that
freedom of opinion and expression were necessary to maintain a
free society, the kind of society that could protect liberty and
pro- mote happiness. He wrote that a natural tendency existed to
silence discomfiting, doubtful, or unortho- dox views. But this
is wrong, because no person is in possession of unerring truth.
Restricting debate deprives society of the oppor- tunity to find
new ideas that are more valid than prevailing ones. Even bizarre
or incorrect com- ments should be valued. The former may
contain partial truth and the latter make the truth more
compelling because of its contrast to the falsehood. Censorship
of any kind is wrong because no per- son, society, or generation
is infallible. It is better to leave open many avenues for
expression of views so that error and pretention can be opposed.
Truth, said Mill, needs to be “fully, frequently, and fear- lessly
discussed.”20
The First Amendment was intended to protect public debate that
is critical to the functioning of de- mocracy. It prohibits
government from “abridging the freedom of speech, or of the
press.”21 A compli- cating factor is the efforts of courts over
many years to distinguish between commercial speech and other
speech. Commercial speech, or advertising, receives less
protection from restriction by government than speech in the
broad marketplace of ideas. Ordinary speech, including
political, scientific, and artistic expression, is entitled to strong
protection. Laws restricting expression of opinion are regarded
as invalid on their face and justified only in extreme
circumstances. Commercial speech, however, is often restricted
by federal and state laws to prevent con- sumer deception and
fraud. Over many years, courts have struggled to come up with
a clear definition of commercial speech.22 The Supreme Court
has defined it as “speech propos- ing a commercial transaction,”
but this still begs clar- ification.23 An ad that said “Buy Nike
shoes” would be commercial speech under this definition. But
10. what about an ad picturing athletes with the statement “Just Do
It,” in which there is no literal sales pro- posal? Elsewhere in
the same case, the Supreme Court also defined commercial
speech as “expression related solely to the economic interests of
the speaker and its audience.”24 Would Nike’s statements on
sweatshops meet this standard?
The focal point of Kasky’s suit would become whether or not
Nike’s communications were, in fact, commercial speech. At a
Superior Court hear- ing in early 1999, his lawyers argued that
they were, therefore, they should be required to meet standards
of truth and honesty enforced in California law. They were not
entitled to the defer- ence that would be given under the First
Amendment to, for example, statements of political candidates
or poets. Nike disagreed, saying that its statements about shoe
and garment factories were part of a broader public debate and
thus were speech enti- tled to strong First Amendment
protection.25 The judge agreed with Nike and dismissed the
case.26 Kasky appealed, but a year later the appeals court again
rejected his argument. Kasky then appealed to the California
Supreme Court.
There he won. In a 4–3 decision the California Supreme Court
held that Kasky’s case should go to trial.27 In reaching its
decision, the majority created a novel, three-part definition of
commercial speech and applied it to Nike’s messages. For
speech to be commercial it had to (1) come from a business, (2)
be intended for an audience of consumers, and (3) make
representations of facts related to products. Nike’s statements
fit each requirement. The majority con- ceded that commercial
and noncommercial speech were intermingled in the
communications, but ar- gued, “Nike may not ‘immunize false
or misleading product information from government regulation
simply by including references to public issues.’”28 That put
Nike in the position of a used car dealer falsely advertising
“none of our cars has ever been in an accident,” but evading
prosecution for fraud by adding a political opinion such as, “our
city should budget more for traffic safety.”
11. Dissenting opinions revealed serious disagree- ment among the
justices. Justice Ming Chin attacked the majority for unfairly
tilting the playing field against Nike. “While Nike’s critics have
taken full advantage of their right to ‘uninhibited, robust, and
wide-open’ debate,” he wrote, “the same cannot be said of Nike,
the object of their ire. When Nike tries to defend itself from
these attacks, the majority de- nies it the same First Amendment
protection Nike’s critics enjoy.”29
A second dissent came from Justice Janice R. Brown, who found
Nike’s commercial and noncom- mercial speech inseparable. In
her view, “Nike’s com- mercial statements about its labor
practices cannot be separated from its noncommercial
statements about a public issue, because its labor practices are
the public issue.”30 She admonished the majority for creating a
test of commercial speech that was unconstitutional because it
made “the level of protection given to speech dependant on the
identity of the speaker— and not just the speech’s content.”31
The consequences of the decision went far beyond Nike. Now
any company doing business in California had to be careful
about expressions of fact or opinion that reached consumers in
the state. The sharpest and most ideological critics of a
corporation could take is- sue with its statements, bring it to
court, and force a trial about the accuracy of its claims. The
decision was as unwelcome in the business community as it was
unexpected. Nike would seek to overturn it.
IN THE UNITED STATES
SUPREME COURT
Nike appealed to the United States Supreme Court, which
accepted the case. In its brief, Nike asked that the California
Supreme Court’s definition of com- mercial speech be struck
down to remove its uncon- stitutional, chilling effect on public
debate. Kasky argued once again that statements emanating
from Nike’s public relation’s campaign fell into the cate- gory
of free speech. He asserted that the First Amend- ment gave no
shelter to false statements by a company about how its products
were made.
12. Strangely, no decision would ever be made. The nine justices
heard oral argument in April 2003. Then, late in June, they
dismissed their consideration of the case as “improvidently
granted.”32 In a brief opinion Justice John Paul Stevens said the
Court had erred in accepting it before trial proceedings in
California were finished. The Court would wait.
This view was not unanimous. Three justices dis- sented. They
saw no reason to wait and hinted that they were ready to strike
down any restriction on Nike’s speech.
In my view . . . the questions presented directly con- cern the
freedom of Americans to speak about public matters in public
debate, no jurisdictional rule pre- vents us from deciding these
questions now, and de- lay itself may inhibit the exercise of
constitutionally protected rights of free speech without making
the issue significantly easier to decide later on. . . .
[A]n action to enforce California’s laws—laws that discourage
certain kinds of speech—amounts to more than just a genuine,
future threat. It is a present reality—one that discourages Nike
from engaging in speech. It thereby creates “injury in fact.”
Further, that injury is directly “traceable” to Kasky’s pursuit
of this lawsuit. And this Court’s decision, if favorable to Nike,
can “redress” that injury.
alleged misrepresentations about its labor practices. Its
antagonists relished the prospect.
However, late in 2003 Kasky and Nike announced a settlement.
In return for Kasky dropping the case, Nike agreed to give $1.5
million to an industry- friendly factory monitoring group. It
may have paid Kasky’s legal fees. This was not a tough
settlement for Nike.
Supporters on both sides were disappointed. Activists lost their
grand show trial putting the cor- porate devil on display.
Industry was disappointed that Nike did not stay the course
because settlement left standing the California Supreme Court’s
broad definition of commercial speech. This definition still
stands.
NIKE TURNS A NEW LEAF
13. Meanwhile, Nike was moving through a process of CSR review
and implementation. In 2005 it published a Corporate
Responsibility Report stating three strategic CSR goals.34 First,
it would seek to create industry- wide, systemic change for the
better in contractor shoe and apparel factories. Second, it would
promote sustainability by eliminating toxic chemicals in shoe-
making and using more recycled materials. Third, it would
improve society by promoting the idea of sport with its benefits
of healthy exercise and keep- ing young people out of trouble.
Nike learned that its business processes and cul- ture were in
tension with the policies in its code for contractors. Many of its
own actions triggered vio- lations. For example, it rewarded its
buyers for meeting price, quality, and delivery date targets,
giving them a financial incentive to push contrac- tors hard.
That undermined code policies to limit workweeks and hours in
the factories. Nike prod- ucts were often seasonal and ordered
in response to rapidly shifting fashion trends. This led Nike to
adopt a low inventory policy, but in consequence the factories it
contracted with were often pres- sured to meet last-minute
production goals. Some- times their managers responded by
cheating on labor guidelines. Changing Nike’s internal proc-
esses to align them with its CSR goals meant slowing its
reaction to consumer trends and risking loss of revenue. It also
violated the spirit of Nike’s aggressive procurement culture and
met with internal resistance.35
Nike’s main tactic for improving labor conditions is factory
monitoring to check compliance with the Nike Code of Conduct.
Its self-run monitoring program has two parts. One is a labor
audit of factories requiring inspectors to check off boxes for
requirements in areas such as work hours, wages, and grievance
systems. The other is an environmental health and safety audit
on compliance with rules on chemical management, fire safety,
and protective equipment. These audits take 48 working hours
to complete and result in letter grades from A to F. Experts say
their design is exem- plary.36 Their results are reviewed all the
way up to Nike’s board of directors. Yet they have failed to end
14. very significant labor problems.
Nike uses about 700 factories in 56 countries em- ploying
800,000 workers. It cannot hope to monitor them all, so it
focuses its audits on roughly 20 percent that do most of its
production or are high risk, trying to check on them once every
three years. For exam- ple, in China it has 57 so-called “focus
factories,” and in 2007 audited 22 of them, handing out five As,
six Bs, eight Cs, and three Ds.37 Other factories are moni- tored
by voluntary responsibility alliances, such as the industry-
funded Fair Labor Association. A few pay for their own audits.
It is an expansive effort, but bad reports keep coming in.
In Vietnam, 20,000 workers walked off the job for two days at a
plant making Nike shoes. They were asking for a 20 percent
raise, but received only 10 per- cent and free lunches. On their
return they were in a violent mood and the plant had to be
closed for an- other three days.38 This was just one of 720
strikes at factories in Vietnam in 2008.39
When management at a Nike hat plant in Bangladesh learned
that workers had attended a labor rights seminar, the personnel
manager interrogated a woman who had attended, threatening to
reinjure a hand she had badly injured in the past unless she gave
up the names of other attendees. She refused, but man- agement
intimidated another person into revealing the names and those
named were fired. Nike investigated the situation and got the
workers rehired.40
An Australian TV reporter posed as a fashion buyer to get
inside a Malaysian garment factory making Nike T-shirts where
he discovered parlous conditions. It employed immigrant
workers who paid large recruit- ing fees to get their jobs, then
had to surrender their passports to plant management, which
held them until the recruiting fees were repaid, an unlikely
event given the low wages paid. They lived in crowded, malo-
dorous rooms. Nike admitted many code violations, rectified the
problems, and called in managers from all of its 37 factories in
that country for training.41
These are more than isolated episodes. A scholarly analysis of
15. 800 Nike audits concluded that despite years of effort, working
conditions at its factories re- mained highly variable. While
conditions improved in some plants, in others they stayed the
same, and in many they deteriorated, leaving “little evidence
that this system of private voluntary regulation is at all an
effective strategy for improving labor standards.”42 And an in-
depth report by a global coalition of more than 100 unions and
human rights groups concluded this:
Despite more than 15 years of codes of conduct adopted by
major sportswear brands such as Adidas, Nike, New Balance,
Puma and Reebok, workers making their products still face
extreme pressure to meet production quotas, excessive,
undocumented and unpaid overtime, verbal abuse, threats to
health and safety related to the high quotas and exposure to
toxic chemicals, and a failure to provide legally required health
and other insurance programs.
UNDERLYING PROBLEMS
Why do such problems still exist? Nike’s 700-factory supply
chain is too big to monitor. Its business model invites labor
exploitation. When wages rise in one country, it seeks a lower-
wage alternative. Factories are still faced with tight deadlines,
sudden shifts in orders, and late design changes. They have
insufficient power in supply chains to push back against global
brands such as Nike. But they often have great power over
workers eager for jobs. If timely order fulfillment is threatened,
the easiest way to catch up is forced overtime or elimination of
days off.44
According to Jeffrey Ballinger, monitoring by Nike and groups
such as the Fair Labor Association is a prime example of
voluntary corporate responsi- bility being used to avoid real
reform.45 Audits focus on the accuracy of wage slips, worker-
to-toilet ratios, and placement of fire extinguishers. They avoid
securing core global labor rights such as collective bargaining.
Part of the problem is that many nations do not adequately
enforce their labor laws.
International Labor Organization Convention No. 81 requires
16. countries to inspect workplaces for compliance, but most
countries with low-wage labor markets do not do so, in part
because they want to attract foreign investment. They welcome
voluntary corporate responsibility inspection regimes that make
it look like action is being taken, even if the action is light.
Corporations, in turn, prefer voluntary action to strict
regulation. So governments and corporations unite in supporting
CSR as a cosmetic touch to cover fundamental problems. In
nations where labor laws are feebly enforced it is hard for
workers to help themselves. They are often unin- formed about
their rights; they have no examples of successful unionizing
before them. Until workers are empowered, forced work in poor
conditions will lead to more scandals, violence, and reputation
damage for global brands.
Ballinger suggests a solution for Nike.
My research shows that about 75 cents per pair of shoes to the
worker would be needed to fix prob- lems that workers have
been complaining about since the 1980s. That is roughly 80
percent more to workers, or $1.80 on a $70 pair of shoes at Foot
Locker. If Nike, instead, paid workers that 75 cents more per
pair of shoes, the cost to Nike would be $210 million a year.
Questions
1. WhatresponsibilitydoesNikehaveforconditions of work at
foreign factories making its products?
2. Could Nike have better anticipated and more effectively
handled the sweatshop issue? What did it do right? What was
ineffective or counter- productive?
3. Has Nike created and implemented an effective approach to
social responsibility? Does it address root causes of problems in
Nike’s supply chain? Should it now do more or do something
different?
4. Did the California Supreme Court correctly decide the Kasky
case? Why or why not?
5. How should the line between commercial and noncommercial
speech be drawn?
17. Ch #7
The Trial of Martha Stewart
From indictment to sentencing, the case of Martha Stewart was
a matter of intense public interest. Some thought that her
misdeeds, if any, were slight. Cynics believed the government
was prosecuting a celebrity for a minor infraction to show it
was tough on busi- ness crime. An indignant Wall Street Journal
com- plained that innocent employees and shareholders of
Martha Stewart Living Omnimedia were paying the price for the
government’s zeal.1 Feminists argued that she was picked on
for being a successful woman. “It’s hard to imagine a male in
precisely this spot,” said Mary Becker, a DePaul University law
professor. “Targeting a successful woman is very consistent
with dominant cultural values.”2
Others believed that her prosecution was justified. “I don’t buy
any of it,” wrote Scott Turow, a criminal defense lawyer and the
author of best-selling legal fiction. “What the jury felt Martha
Stewart did—lying about having received inside information
before she traded—is wrong, really wrong.”3
This is the story.
DECEMBER 27
On the morning of Thursday, December 27, 2001, Douglas
Faneuil was on duty at the mid-Manhattan office of Merrill
Lynch. Faneuil, 24, who had been in his job only six months,
assisted a stockbroker named Peter Bacanovic. It was two days
after Christmas and Bacanovic was on vacation. Staffing was
thin and Faneuil expected a slow day with light trading.
Soon Faneuil took a call from Aliza Waksal. Aliza was the
daughter of Samuel Waksal, co-founder of ImClone Systems, a
biopharmaceutical company. She wanted to sell her ImClone
shares. Faneuil exe- cuted the order and by 9:48 a.m. her 39,472
shares had been sold for $2,472,837. Then Faneuil had a call
from Samuel Waksal’s accountant requesting that another
79,797 shares held in his Merrill Lynch ac- count be transferred
to Aliza’s account and then sold. The call was followed by a
written direction saying that making the transfer and sale that
18. morn- ing was imperative.
Faneuil sought help on the transfer and called Peter Bacanovic
in Florida. Bacanovic, 39, was an old friend of Waksal’s. He
had worked at ImClone for two years before coming to Merrill
Lynch, and he handled the personal accounts of Waksal and his
daughter. When Bacanovic learned that the Waksals were
selling, he instructed Faneuil immediately to call another of his
clients, Martha Stewart, while he remained on the line.
Bacanovic, who was active in New York social life, first met
Martha Stewart in the mid-1980s when they were introduced by
her daughter Alexis. Stewart was one of his most important
clients. He handled her pension and personal accounts. He also
handled accounts for her company, Martha Stewart Living
Omnimedia, Inc.
At 10:04 a.m. Faneuil dialed Stewart, but reached her
administrative assistant Ann Armstrong, who said Stewart was
on an airplane. Bacanovic left a brief message, asking Stewart
to call back when she became available. In her phone log,
Armstrong wrote, “Peter Bacanovic thinks ImClone is going to
start trading downward.” Bacanovic instructed Faneuil that
when Stewart called back he should tell her that the Waksals
were selling all their shares. At this time ImClone was priced at
$61.53 a share.
This instruction from Bacanovic bothered Faneuil. Merrill
Lynch had a written policy (see Exhibit 1) that required its
employees to hold client information in strict confidence. But
he was very busy and working under a sense of urgency,
handling calls from the Waksals, and making calls to Merrill
Lynch staff in several offices arranging the transfer of Sam
Waksal’s shares to his daughter.
Several hours later, Stewart’s plane landed in San Antonio to
refuel. She went into the airport and on her cell phone called
Ann Armstrong to check for messages. At 1:39 p.m. she phoned
Merrill Lynch, reaching Faneuil, who told her that Sam Waksal
and his daughter had sold all of their shares. She asked for the
current price of ImClone. Faneuil quoted ap- proximately $58 a
19. share. Stewart told him to sell all 3,928 shares she owned. She
hung up and immediately put in a call to Sam Waksal. The two
were close friends who had been introduced by Stewart’s
daughter Alexis in the early 1990s. Unable to reach him, she
left a message that his assistant took down as “Martha Stewart
some- thing is going on with ImClone and she wants to know
what.”4 By 1:52 p.m. Stewart’s ImClone shares had been sold at
an average price of $58.43, for a total of approximately
$228,000.
THE PUZZLE OF THE
WAKSAL TRADES
What was going on with ImClone? For almost 10 years Waksal
had put ImClone’s resources into the develop- ment of a
promising new colon cancer drug named Erbitux. Two months
earlier, ImClone had submitted a licensing application for
approval of Erbitux to the Food and Drug Administration
(FDA). On Decem- ber 26, Waksal learned from an ImClone
executive that, according to a source within the FDA, on
December 28 ImClone would receive a letter rejecting the
Erbitux application. When the FDA’s action was publicly an-
nounced ImClone’s share price was sure to plummet.
Waksal was in possession of material insider in- formation. It
was material because any reasonable investor would find it
important in deciding to buy or sell ImClone stock. It was
insider information be- cause it was not yet known to the
public. Since the FDA application was so critical, ImClone’s
general counsel had declared a “blackout period” after
December 21 when employees should not trade ImClone shares.
The purpose of the blackout was to guard against illegal insider
trading. Despite being informed of the blackout and de- spite
possessing knowledge of the law with respect to insider trading,
Waksal elected to sell. This was ex- ceptionally foolish. His
motive was to escape the un- pleasant consequences of debt. He
had obligations of $75 million, most of which was margin debt
secured by shares he owned in ImClone. Servicing this debt was
costing him $800,000 a month. He knew that if ImClone’s share
20. price slipped very far, many of his shares would be sold,
dramatically lowering his net worth. He also tipped family and
friends to sell on December 27. Besides his daughter Aliza, his
father sold 135,000 shares, his sister Patti sold 1,336 shares,
and another daughter, Elana, sold 4,000 shares. Waksal also
tipped an investment adviser who sold all of her 1,178 shares on
December 27 and passed the tip to a physician on one of
ImClone’s advisory boards, who sold more than $5 million in
shares—all he owned— on the same day.
On Friday, December 28, the FDA faxed ImClone a “refusal to
file” letter at 2:55 p.m. Later in the after- noon, after the market
closed with ImClone trading at $55.25 a share, the company
issued a press release disclosing the FDA’s action. On
December 31, the next trading day, ImClone opened at $45.39 a
share. If Martha Stewart had waited until then to sell her shares,
she would have gotten about $178,292 or $49,708 less than she
received by selling on the after- noon of December 27. ImClone
closed on December 31 at $46.46. It had dropped about 16
percent on the news of the FDA’s action.
AN UNSETTLED AFTERMATH
Four days later a supervisor at Merrill Lynch ques- tioned
Faneuil about the ImClone trades. Afterward, Faneuil called
Bacanovic, who was still vacationing in Florida. Bacanovic told
him that Martha Stewart sold her shares because of a
prearranged plan to reduce her taxes. He told Faneuil about a
December 20 telephone call in which he and Stewart had gone
down a list of the stock holdings in her account de- ciding
which ones to sell at a loss to balance out capi- tal gains from
other sales during 2001.
Soon, however, Faneuil had a call from Eileen DeLuca, Martha
Stewart’s business manager, who demanded to know why the
ImClone shares had been sold, since the sale had resulted in a
profit that disrupted her tax-loss selling plan. Again he called
Bacanovic. This time, Bacanovic told him that Stewart had sold
because they had a preexisting agreement to sell ImClone if the
price fell below $60 a share.
21. Merrill Lynch contacted the Securities and Ex- change
Commission (SEC) to report suspicions of insider trading in
ImClone. On January 3, 2002, SEC attorneys called Faneuil to
interview him. Faneuil told them Stewart had sold because the
price of Im- Clone fell below $60 a share. He did not tell them
that he had conveyed news about the Waksals’ sales to her. On
January 7, SEC attorneys interviewed Bacanovic on the
telephone. He told them he had spoken to Martha Stewart on the
day she traded and recommended that she sell based on their
preexisting $60 sell agreement.
On January 16, Martha Stewart and Peter Bacanovic had a
breakfast meeting. Their conversa- tion is unrecorded.
According to Faneuil, after the meeting Bacanovic told him,
“I’ve spoken to Martha. I’ve met with her. And everyone’s
telling the same story . . . This was a $60 stop-loss order. That
was the reason for her sale. We’re all on the same page, and it’s
the truth.”5 In at least five subsequent conversa- tions,
Bacanovic reassured Faneuil of the need to stick to this story. If
he did, Bacanovic promised to give him extra compensation.
On January 30, in response to a request for docu- ments by the
SEC, Bacanovic turned over the work- sheet that he said was
used in his December 20 tax sale conversation with Martha
Stewart. It was a sin- gle-page printout listing approximately 40
securities in her account and noting the number of shares and
the purchase price. The notation “@60” appeared near the entry
for ImClone,
On January 31, Martha Stewart had a lengthy con- versation
with a criminal attorney. Following the con- versation she went
to her assistant Ann Armstrong asking to see the telephone log.
Sitting at Armstrong’s computer, she changed Bacanovic’s
December 27 phone message from “Peter Bacanovic thinks
ImClone is going to start trading downward,” to “Peter
Bacanovic re imclone.”6 Then, thinking better of it, she told
Armstrong to restore the original word- ing and left.
INTERVIEWS
On February 2, Martha Stewart was interviewed in New York by
22. attorneys from the SEC, the Federal Bureau of Investigation
(FBI), and the U.S. Attorney’s Office. Asked to explain her
ImClone transaction, she said she and Bacanovic had decided to
sell if ImClone fell below $60 a share. On December 27 she had
spo- ken to Bacanovic, who told her it had fallen below $60 and
inquired if she wished to sell. She had as- sented, in part,
because she was on vacation and did not want to worry about
the stock market. She did not recall speaking to Faneuil on that
day. She denied knowledge of the December 27 phone message
from Bacanovic, even though only two days before she had gone
to her assistant’s computer to alter its wording. According to
one attorney present, at the end of the interview Stewart asked
in a “curt, an- noyed” tone, “Can I go now? I have a business to
run.”7
On February 13, Bacanovic was subpoenaed by the SEC to
testify under oath in New York. He re- ported a December 20
phone call with Stewart in which he recommended the sale of
ImClone if it fell below $60. The worksheet he turned over to
the agency had notes of this conversation. He also stated that he
had not discussed the ImClone stock sale with Stewart since
December 27. Yet records of calls between Bacanovic’s and
Stewart’s cell phones show that by this time they had spoken
often, including once on the day of Stewart’s interview in New
York. The content of their conversations is unrecorded.
On March 7, Douglas Faneuil was interviewed by SEC
attorneys. Details of this session have not been made public, but
his subsequent indictment alleges that he failed to fully and
truthfully disclose all he knew about the events of December
27.8 Following the interview, Bacanovic offered Faneuil an
extra week of vacation and airfare for a trip as a reward for
sticking to Bacanovic’s script.9
On April 10, Stewart was interviewed again on the telephone by
investigators. She told them she had spoken with Bacanovic on
December 27, but she could not remember if Bacanovic had
mentioned the Waksals. She said again that the two had set up a
$60 sell order on ImClone.
23. TURMOIL
After these interviews, government investigators con- tinued the
painstaking work of gathering, verifying, and interpreting
details. Meanwhile, the main actors in the ImClone trades
struggled in the backwash of their actions. In late May, Samuel
Waksal resigned as the CEO of ImClone. In early June, the
Associated Press broke the story that Martha Stewart was being
investi- gated, setting off a three-week decline in the share
price of Martha Stewart Living Omnimedia. Merrill Lynch
suspended Peter Bacanovic without pay.
When Waksal was arrested and charged with criminal insider
trading on June 12, shares in Stewart’s company fell 5.6
percent. Waksal would eventually plead guilty to insider trading
charges, receive a prison sentence of 87 months, and pay a fine
of $4 million. The family members were forced to dis- gorge the
profits from their trades, with interest, and the two other
tippees—the investment adviser and the physician—paid
disgorgement of profits, interest, and civil fines totaling
$112,000 and $2.7 million, respectively.
Stewart issued a statement saying she and her broker had agreed
on a $60 sell order in October 2001, that he had called her on
December 27 and told her ImClone was trading under $60, and
that she had told him to sell in line with their prior understand-
ing. She denied having nonpublic information at the time. Later
in the month she repeated this story at a conference for
securities analysts and investors. Her intent was to halt the
decline in her company’s shares. At this time she held
61,323,850 shares and had suffered paper losses of more than
$462 million over three weeks. Douglas Faneuil’s conscience
bothered him. In late June he went to a manager at Merrill
Lynch and volunteered what he believed was the complete and
accurate story of December 27 and its aftermath. Sub-
sequently, he spoke again to government investiga- tors, who
then subpoenaed both Stewart and Bacanovic to testify at an
investigative hearing. This time, both declined, invoking their
Fifth Amendment privilege against self-incrimination. Faneuil
24. pled guilty to a misdemeanor charge of accepting money from
Bacanovic in return for not informing federal investigators of
illegal conduct. Merrill Lynch fired Bacanovic.
INDICTMENTS
It took the government a year and a half, but on June 4, 2003, in
a “coordinated action,” both the U.S. Attor- ney’s Office and
the SEC filed indictments against Martha Stewart and Peter
Bacanovic.
The U.S. Attorney’s Office filed a criminal com- plaint with
multiple counts under the basic charges of, first, conspiracy,
and second, obstruction of justice and making false
statements.10 The two were charged with conspiring to conceal
evidence that Bacanovic had given nonpublic information about
ImClone to Stewart. And they were accused of lying to gov-
ernment attorneys to hamper the investigation. In addition, only
Martha Stewart was charged with securities fraud. The charge
was that she had made a series of false statements about her
innocence to mis- lead investors and prop up her company’s
share price. Conviction on all counts could bring a maxi- mum
of 30 years in prison and a fine of $2 million. Bacanovic alone
was additionally charged with per- jury for altering the
worksheet that listed Stewart’s stocks by adding “@60” near
ImClone to fool investi- gators. He faced a maximum of 25
years in prison and a $1.25 million fine.
In its separate civil action, the SEC charged Stewart and
Bacanovic with insider trading.11 It sought disgorgement of
illegal gains and the imposition of a fine. In addition, it sought
to bar Stewart from acting as a director or officer of a public
company. Martha Stewart’s lawyers immediately issued a
statement challenging the government’s case. “Martha Stewart
has done nothing wrong,” they said. They accused the
government of making an “unprece- dented” interpretation of
the securities laws when it charged her with fraudulent
manipulation simply because she spoke out publicly to maintain
her innocence. And they questioned the government’s motive
for the other charges, raising themes that would course through
25. the media during the subse- quent trial.
Is it for publicity purposes because Martha Stewart is a
celebrity? Is it because she is a woman who has successfully
competed in a man’s business world by virtue of her talent, hard
work and demanding standards? Is it be- cause the government
would like to be able to define securities fraud as whatever it
wants it to be?12
A week later, Martha Stewart went to the FBI’s Manhattan
office for processing. She was given a mug shot, fingerprinted,
and released without bail. She also resigned her positions as
director and chief creative officer of Martha Stewart Living
Omnimedia, taking on the nonofficer position of founding edi-
torial director. She continued to receive her annual salary of
$900,000 and in 2003 she was awarded a $500,000 bonus.
THE TRIAL OPENS
On January 20, 2004, Martha Stewart and Peter Bacanovic
appeared in the Manhattan courtroom of the Hon. Miriam
Goldman Cedarbaum, a federal dis- trict court judge with 18
years’ bench experience. They entered pleas of not guilty and
jury selection began. Potential jurors were given 35 pages of
questions de- signed to detect biases. One question was, “Have
you ever made a project or cooked a recipe from Martha
Stewart?”13 Eight women and four men were picked.
The trial began January 27. The lead prosecutor was Assistant
U.S. Attorney Karen Patton Seymour. In her opening argument
she told the jury that Martha Stewart sold ImClone after a
“secret tip” from Bacanovic that the Waksals were selling.
Then, she and Bacanovic tried to cover it up. Stewart’s motive,
she argued, was a desire to protect her multimillion- dollar
business empire. Seymour pointed out that every $1 decline in
the stock price of Martha Stewart’s company decreased her net
worth by $30 million. “Ladies and gentlemen,” she said, “lying
to federal agents, obstructing justice, committing perjury, fabri-
cating evidence and cheating investors in the stock market—
these are serious federal crimes.”14
In his opening argument Stewart’s attorney, Robert G. Morvillo,
26. pronounced her “innocent of all charges” and tried to offer
reasonable explanations for her actions. He pointed out that the
ImClone shares she sold were less than 1 percent of her net
worth. He told the jury that December was a busy month for her
and she gets worn out. When she called Faneuil about the trade
she was in a noisy air- port on her cell phone and thought she
was talking to Bacanovic. She had no way of knowing that
insider trading was taking place. “How,” he asked, “was she
supposed to figure out the broker, who has always been
honorable, was asking her to commit a crime?” If, indeed, she
had been told that Waksal and his daughter were selling, it
meant that Merrill Lynch was making the sales, which it would
not do if it be- lieved them to be illegal.
Morvillo explained that Stewart and Bacanovic had established
a $60 sell agreement the week before her trades. And he called
Stewart’s alteration of her assistant’s entry in the phone log
“much ado about nothing.” He said that she was changing it “to
be consistent with what she recalled,” but then quickly realized
that her change “might be misconstrued.” He concluded his
opening statement by asking the jury to “decide the case based
upon what is correct and just.”15
TESTIMONY
Key witnesses for the government were Helen Glotzer, an SEC
attorney, and Catherine Farmer, an FBI agent. Both had been
present at interviews of Stewart and Bacanovic and both
testified about apparent false statements, including Stewart’s
denial that she spoke with Faneuil on December 27 and her
denial that she knew that the Waksals were selling.
The government’s star witness, however, was Douglas Faneuil.
Under questioning by Seymour, Faneuil described his morning
phone call to Bacanovic on December 27. On learning that the
Waksals were selling Bacanovic said: “Oh my God, you’ve got
to get Martha on the phone!” Faneuil said that he then asked
Bacanovic, “Can I tell her about Sam? Am I al- lowed to?” “Of
course,” replied Bacanovic, “That’s the whole point.”16 When
Martha Stewart called in that afternoon, she asked, “What’s
27. going on with Sam?” Faneuil said that he told her, “We have no
news about the company, but we thought you might like to act
on the information that Sam is selling all his shares.” He
described her end of the conversation as a series of “clipped
demands.”
Faneuil also recounted how Bacanovic had tried to pull him into
a cover-up. He described a scene at a cof- fee shop near their
office in which he told Bacanovic, “I was on the phone. I know
what happened.” In response Bacanovic put an arm around him
and said, “With all due respect, no, you don’t.”17
During cross-examination Bacanovic’s attorney, David Apfel,
tried to tarnish Faneuil as an unreliable witness. He called
Faneuil an admitted liar who had changed his story seeking
leniency from prosecutors. He brought out Faneuil’s use of
recreational drugs. And he introduced e-mail messages by
Faneuil to show that he disliked Martha Stewart and might have
held a grudge against her. One read: “I just spoke to MARTHA!
I have never, ever been treated more rudely by a stranger on the
telephone.” An- other was: “Martha yelled at me again today,
but I snapped in her face and she actually backed down! Baby
put Ms. Martha in her place!!!”18 Faneuil also testified about a
time when he put Martha Stewart on hold. When he came back
on the line she threatened to pull her account from Merrill
Lynch unless the hold music was changed. Jurors laughed.
Faneuil’s testimony took 13 hours over six days. On his last day
he was cross-examined by Stewart’s attorney Morvillo, who
tried to depict him as over- whelmed by the rush of events on
December 27. He pointed out that Faneuil had taken 75 phone
calls that day and some e-mails. He questioned why his memory
of Stewart’s call was sharp, in contrast to some other calls
about which he was less clear. He got Faneuil to admit that he
suspected the Waksals of insider trading, but said nothing to
Bacanovic.
Following Faneuil, Stewart’s administrative as- sistant Ann
Armstrong was called to testify about how Stewart altered the
message of Bacanovic’s call. Taking the stand, she began to
28. sob. After getting a glass of water from the defense table she
tried to resume, but could not. Judge Cedarbaum recessed the
trial to the next day, when Armstrong recounted how Stewart
first altered, then instructed her to re- store, the wording of the
phone message.
Maria Pasternak was a friend who had been traveling with
Martha Stewart on December 27. Pasternak related
conversations with Stewart at a re- sort in Los Cabos over the
following days. She said Stewart told her that the Waksals were
trying to sell all their shares in ImClone and that she had sold
all her shares. She testified that Stewart remarked, “Isn’t it nice
to have brokers who tell you those things?” But under cross-
examination she vacillated about the clarity of her recall. The
judge instructed jurors to disregard the remark.
An expert ink analyst with the U.S. Secret Service was called
for his analysis of Bacanovic’s tax sale work- sheet. Larry
Stewart, who is not related to Martha Stewart, testified that
tests he conducted showed two pens had been used on the
worksheet. All the nota- tions on it, except “@60,” were made
by a “cheap” Paper Mate pen. The “@60” was written with a
sec- ond, unidentified pen. The second pen did not match any of
8,500 ink samples on record, so he concluded it was either
foreign or very rare.19 This was important evidence for the
prosecution, which argued that the “@60” had been added only
after December 27, when the defendants constructed a cover-up.
After the prosecution finished its case, Martha Stewart’s
lawyers elected to use a minimal defense. They called only one
witness, a former Stewart lawyer and note-taker at the February
4 meeting with investi- gators, who testified for only 15
minutes. There was much speculation about whether Martha
Stewart would take the stand in her own defense. If she did,
prosecutors would push her, try to trap her in incon- sistencies
and provoke her temper. If she did not, the intense curiosity of
the jurors to learn what she could say to them would be
unfulfilled. In the end, she did not take the stand.
Late in the trial Judge Cedarbaum dismissed the government’s
29. allegations of securities fraud. This charge had met with wide
skepticism from the begin- ning. How could a defendant
exercise her right to speak out in self-defense if doing so could
be con- strued as criminal manipulation of share prices? Ce-
darbaum held that, given the evidence, no reasonable juror
could find her guilty beyond a reasonable doubt.20
After the defense called its single witness, there had been 27
witnesses during 19 days of testimony. Closing arguments came
on March 2. Prosecutor Michael Schachter told jurors that
Stewart and Bacanovic believed they would never be caught.
But mistakes they made trying to deceive left a trail of damning
inconsistencies. He carefully listed contra- dictions in their
stories. Bacanovic’s lawyer gave a closing argument trying once
again to undermine the credibility of Douglas Faneuil’s
testimony.
In his closing argument for Martha Stewart, Morvillo ridiculed
the conspiracy charge, saying the events alleged by the
government amounted to “a confederation of dunces.”21
Nobody, he argued, “could have done what Peter Bacanovic and
Martha Stewart are alleged to have done and done it in a dumber
fashion.” He asked the jurors to consider that if the two had
really conspired they would have been much more consistent in
their stories. Their in- consistencies were a sign of innocence.
This was a dangerous argument, because it conceded some con-
tradictions in testimony.
Morvillo then made the case for Stewart’s inno- cence. She had
no evidence that anything was wrong with the trade. She had no
reason to suspect that Waksal would behave so foolishly as to
trade during a blackout period. She had a preexisting agreement
with her broker to trade ImClone if it fell below $60. She could
not hear well enough on the phone to know she was talking to
Faneuil, not Bacanovic. The amount of the trade was too small
to tempt jeopard- izing her future. Her change in Ann
Armstrong’s telephone log was insignificant. Faneuil was an un-
trustworthy witness. Finally, he explained that she did not take
the stand because she twice testified on the record at
30. investigative hearings two years before and “her recollection [of
the events] hasn’t gotten any better.” He concluded with this.
This has been a two-year ordeal for this good woman. It’s an
ordeal based on the fact that she trusted her financial adviser
not to put her in a compromising position. It’s an ordeal based
on the fact that she voluntarily submit- ted to a government
interview. And it’s an or- deal that is in the process of wiping
out all the good that she has done, all her contributions, all her
accomplishments . . . Martha Stewart’s life is in your hands . . .
I ask you to acquit Martha Stewart. I ask you to let her return to
her life of improving the quality of life for all of us. If you do
that, it’s a good thing.22
THE VERDICT
The jury deliberated for 14 hours over three days. On March 5
one female juror wept as the verdicts were announced. Stewart
and Bacanovic were each found guilty on four counts of lying
and conspiring to lie to conceal the fact that she had been tipped
with insider information. However, the jury could not agree that
the government had proved beyond a reasonable doubt its
allegation that Stewart and Bacanovic fabri- cated the $60 sale
agreement and it acquitted them on those counts.
Jurors described their deliberations as calm. They found Faneuil
credible and gave much weight to his testimony. Ann Armstrong
was also an important witness because she cried. “We feel that
she knew that something was wrong,” said the forewoman.
Jurors were also suspicious of the January 16 break- fast
meeting between Stewart and Bacanovic and they felt cynical
about Stewart hiring a criminal de- fense lawyer even before
she was contacted by gov- ernment investigators. They put little
stock in the “conspiracy of dunces” argument. “We felt that she
was a smart lady who made a dumb mistake,” said the
forewoman.23
A juror named Chappell Hartridge characterized the verdict as
“a victory for the little guys who lose money in the market
because of these kinds of trans- actions.”24 After looking into
Hartridge’s back- ground, Stewart’s legal team believed he had
31. not been completely honest on his jurors’ questionnaire. When
asked about contacts with law enforcement, he did not disclose
an arrest for assaulting a former girl- friend, and several other
problems. Arguing that they would have exercised a challenge
to keep Chappell off the jury had they known, her lawyers
moved for a new trial. Judge Cedarbaum ruled that the allega-
tions were little more than hearsay and there was no evidence
that bias in Chappell affected the verdict.25
Meanwhile, prosecutors had filed a criminal com- plaint against
Larry Stewart, the ink expert who testi- fied at the trial. Stewart
was accused of perjury for saying that he had conducted the ink
tests after a co- worker came forward saying that, in fact, she
had done them. Again Stewart’s attorneys filed a motion for
retrial. Again Cedarbaum denied the motion, be- cause “there
was no reasonable likelihood that this perjury could have
affected the jury’s verdict, and be- cause overwhelming
independent evidence supports the verdict . . .”26 Subsequently,
Larry Stewart was tried and, based on evidence that his co-
worker had a history of harassment, acquitted of perjury.27
SENTENCING
On July 16, 2004, Martha Stewart appeared before Judge
Cedarbaum. Addressing the judge, she ap- pealed for leniency,
saying, “Today is a shameful day. I ask that in judging me, you
remember all the good I’ve done and the contributions I’ve
made.” Prosecutor Seymour countered, arguing that Stewart was
“ask- ing for leniency far beyond” that justified for “a seri- ous
offense with broad implications” for the justice system. Judge
Cedarbaum responded, “I believe that you have suffered, and
will continue to suffer, enough.”28 Her sentence was five
months’ imprison- ment followed by five months’ of home
confinement. She was fined $30,000. This set of penalties was
at the light end of what could have been imposed under federal
sentencing guidelines and showed that Judge Cedarbaum was
using what discretion she had to avoid a harsh sentence.
After the sentencing, Martha Stewart emerged from the
courthouse to read a less contrite statement. “I’m just very, very
32. sorry that it’s come to this, that a small personal matter has
been able to be blown out of all proportion, and with such
venom and such gore—I mean, it’s just terrible.”29
At a separate hearing that day, Peter Bacanovic re- ceived a
nearly identical sentence of five months in prison, five months
of home confinement, and a $4,000 fine. A week later Daniel
Faneuil appeared be- fore Judge Cedarbaum. Tearfully, he
apologized for his actions. His cooperation with federal
prosecutors saved him from going to prison. His sentence was a
$2,000 fine.
On October 8, Martha Stewart reported to a mini- mum-security
prison camp in West Virginia to begin her incarceration. She
had appealed her case, but the appeal was expected to take two
years. Therefore, she elected to serve her sentence. Doing so
would end much of the speculation and tumult affecting both
her and her company.
She served her time. In prison she worked in the garden and
cleaned the warden’s office for 12 cents an hour. She disliked
the food but made some friends among the other women. She
gave them yoga lessons and a seminar on entrepreneurship. Her
last day of home confinement (extended three weeks due to a
violation that was not publicly ex- plained) ended on September
1, 2005. In 2006 a fed- eral appeals court turned down her
request to overturn her conviction.30 Then she settled with the
SEC, which had brought a civil case of insider trad- ing against
her in 2003. In the settlement, she neither admitted nor denied
guilt. She agreed to a five-year ban on serving as an officer or
director of her com- pany and a $195,081 fine. In the same
settlement, Bacanovic agreed to a fine of $75,645.31 Stewart’s
legal troubles were finally over with the end of court-ordered
probation in March 2007.
Questions
1. Did Martha Stewart commit the crime of insider trading when
she sold her ImClone shares on December 27, 2001?
2. Did the U.S. attorneys and the Securities and Exchange
Commission use good judgment in in- dicting Martha Stewart?
33. Do you believe that her indictment was based on evidence of a
serious crime, or do you believe that prosecutors con- sciously
or unconsciously had additional motives for pursuing the case?
3. Do you agree with the jury that she was guilty be- yond a
reasonable doubt of the conspiracy and obstruction of justice
charges?
4. Was her punishment, including both imprison- ment and
fines, appropriate? Were the punish- ments of Peter Bacanovic
and Douglas Faneuil appropriate?