Analysis of a Case Study Finance Leadership in Novartis Consumer Health Businesses

Contents Page

What was it about Remy, Tanya and Jaime that made them successful?

Was there an identifiable skill in recruiting CFOs?

Could the talents of a good finance head be developed through training?

Could CFOs be moved to another region with good results?

Would there be any value in transferring finance people?

How should Novartis help the Finance heads to develop their potential?

Leadership approach taken by CFO Simeon Bolan

  

What was it about Remy, Tanya and Jaime that made them successful?

Remy was successful because she has a very organized approach to solving problems. Her organized approach to solving problems proves that she knows what she is doing and she is dedicated to solve the problem and its complications.  Remy was successful because she allows input of ideas from her subordinates, this builds a good relationship in the company and makes sure that lines of communication are open. Moreover Remy was successful because she made sure that everything is planned. All of her and her group’s activities are properly planned. She always thinks about the big picture and uses this to plan her daily activities.  Tanya was successful because she knows what must her group do and how does her group help in the success of the company. Tanya has a clear understanding of the role of her group and uses this to perform according to their roles. Tanya was successful because she carefully used strategies so that Novartis AH in Japan would grow. The strategies helped in lessening Japan’s resistance to change. These strategies helped Novartis Animal Health enter and establish itself in the Japan market. Jaime was successful because like Remy he made sure that line of communication between him and subordinates or managers are always open. Jaime often met with managers from other departments and tries to give them the assurance that the finance group was their partner in achieving Novartis’ goals. Jaime was successful because he made sure that all processes were constantly reviewed and changed to meet the goals of efficiency. He changed processes so that they would perform better and prove their worth to the firm.

 

Was there an identifiable skill in recruiting CFOs?

One of the biggest challenges for a manager is recruiting new employees (Kulik 2004). Recruiting is a critical first step in the staffing process. But once the company developed a recruiting strategy, the next challenge is selecting from among the interested applicants (Sisson & Storey 2000). If the recruiting efforts are successful, the company will find itself in the luxurious position of being able to select new hires from a pool of interested applicants (Armacost & Jauernig 1991). As a recruiter, one must be concerned about content validity. Content validity describes the extent to which the selection procedure reflects skills and behaviours actually used on-the-job (Boughton, Gilley, Maycunich 1999). Job applicants who take a test with high content validity are likely to see the test as a reasonable way of identifying the best candidates (Little 2006). Recruitment entails processes that make sure that the right person gets hired. In recruiting new CFOs an easily identifiable skill that should be targeted by companies is dedication to the job. CFOs have a tough job of making sure that the firm’s expenses and income is well balanced.  CFOs have a great responsibility to maintain a company’s operation through financial management. CFOs need to be dedicated to their job and they should put most of their energies to the success of their group.  Dedication entails one to be prepared to do anything appropriate and logical for the company. Dedication also assures the firm that the CFO would not commit acts that will lead to the downfall of the organization.  Jaime and Remy from Novartis showed dedication through making sure that lines of communication are open.

 

Could the talents of a good finance head be developed through training?

Training professionals must remember that training isn't an event. Training is not something out of a box (Sims 2002). Training is a continuous process linked to all the ways that people are developed: by their job challenges; by their interactions with the people who are in coaching roles with them; by their peers; and by something called training (Sims 1998). It has been said that doing an excellent job is much more satisfying than doing a mediocre job (Gerber & Lankshear 2000). Training professionals need to do everything in their power to provide environments that strive for excellence, not only in training, but throughout the organization (Cheng, et al., 1998). This mandate isn't just the responsibility of training; it's for everyone who participates in any training, learning, or development initiatives (Amirault 1992). Achieving organizational excellence is linked to defining values. When training is based on a set of shared values that meshes with the mission of the organization, a culture that is energized and continually driven towards excellence can prevail. Training in the context of an organization's values becomes much more relevant to all involved (Desai, Eddy & Richards 1999). Training helps a newly hire individual to adjust to his/her job responsibilities, company culture and company policies. Through training, a finance head gets to develop further the talent he/she has.  Training enriches the talents of a finance head through prolonged use of their talent in various activities related to their job. Once the finance head’s talent is enriched, he/she can use it to showcase his/her excellence in solving all types of problems for the company.

 

Could CFOs be moved to another region with good results?

International assignments are also the single most expensive per-person investment a company makes in globalizing its workforce, and unfortunately, most firms are getting poor returns on this investment (Black et al., 2005). In general, people were sent overseas to carry out specific tasks because management felt that the local talent was not up to the challenge. Because of this tactical approach, the strategic implications of the assignment, for the company and the individual, were often neglected (Burke & Cooper 2004). In contrast, leading companies today have developed a more strategic tactic. For them, global assignments serve several important roles: in succession planning and leadership development; in coordination and control; and in technology, innovation, and information exchange and dissemination (Mezias & Scandura 2005). Geographical distance, cultural diversity, and conflicting government demands push firms toward fragmented strategy and operations even while they increase the importance and difficulty of effective coordination and control (Davis & Witte 1996). Policies and manuals can sometimes facilitate coordination and control, but they are subject to translation, interpretation, and differences in execution often caused by local conditions (Haines III & Saba 1999).CFOs could be moved to another region and the company can still get the best out of it. As long as there would be proper communication and coordination there would be problem with the CFOs. The CFOs and the persons they will replace need to know why such change is necessary. The CFOs then needs to be motivated properly so he/she can use his/her talent to attain the best result.

 

Would there be any value in transferring finance people?

The organizational challenge to a multinational company has always been the integration of activities that take place in different countries (Guion 1998). This task has been the mission of managers responsible for business units and for functions like research and development (R&D) and finance (Galbraith 2000). The organization of every multinational is therefore a blend of units for product lines, country subsidiaries, and business functions (Guzzo & Salas 1995). Different multinational strategies have led to various distributions of power across these three dimensions; changing and balancing this distribution of power remains one of the CEO's principal challenges (Metcalfe 1998). Additional new complexities are being generated by two changes in the business environment. One is the convergence and realignment of industries. The combinations of new digital technologies, new biotechnologies, and deregulation have blurred the boundaries of many traditional industries (Arvey & Raghuram 1994). Within companies, these traditional industries have been served by business units with clear differentiation among them; when industry boundaries disappear, so do the clarity and boundaries of business units (Walker 1999).  Transferring good finance people among various business units may be good at first but doing it often will result to higher stress levels for finance people.  Regular transfer of good finance people may not create any relationship between the finance employee and the employees in the other business relationship. It would also ruin any chemistry the finance employee has with the employees in the business units he/she once belonged to.

 

How should Novartis help the Finance heads to develop their potential?

Once upon a time there were no managerial sciences. Managers managed according to commonsense based on their day-to-day experience. A few of these managers chose to set down the lessons of their experience on paper in the form of codes, principles and laws of management. They intended these to serve as guidelines or even mandatory instructions for future managers to follow (Haus, Heinelt & Stewart 2004). Then one day social scientists started to investigate managerial behavior and organizations. As a result of their researches they concluded that the codes and principles were inadequate because they did not seem to hold up when subjected to rigorous logical and empirical scrutiny (Thomas 2003). The processes of effective management and organization looked to be much more complex and much more difficult to capture in the form of scientific laws and generalizations than the early management writers had thought (Pernick 2001). Formal concepts and tools were important for people but were not sufficient in themselves to yield effective management. Managerial expertise was best understood as a product of certain personal characteristics and experiences and was developed in specialized form in local contexts (Owen 2000).

 

 General Managers relied less on formal processes of planning, organizing, motivating and controlling than upon the pursuit of broad-ranging and informally specified agendas of problems and issues which were pursued through extensive networks of organizational contacts rather than through the formal organization structure (Tracy 1994). One of the best ways that managers can increase the level of motivation among the personnel, team members or subordinates is to be effective leaders. When overall business success is related to leadership qualities and capabilities, it is clear that effective leadership can and does make a difference. Leadership qualities assume great importance in the professional work environment because professionals are highly sensitive to how they are managed. Managers must lead in an environment that is constantly changing (Bernthal & Wellins 2006). Employee commitment is needed to make change work; consequently the people orientation is always an important part of successful change. Professionals may be prone to accept change because of their accomplishment; these same characteristics may actually increase their resistance tendencies (Shell 2003). Leaders need particularly strong skills in communication so that needed change is integrated into a future vision of success and growth for the organization. Additionally leaders need to understand the change process and how people are likely to react to it. Many managers delve into the subject of organizational change without fully understanding the theory of the process involved (Avolio 2005). Leadership is something that is not easily achieved. Some are born leaders others aren’t. Novartis can introduce trainings that would help finance heads to discover their leadership potential and hone it to its best capabilities. Novartis can introduce activities that would help the finance heads know what type of leader they should be. Once a finance head has a clear idea of what type of leader he/she is, it would then be easier for Novartis to help in discovering and nurturing his/her leadership potential.

Leadership approach taken by CFO Simeon Bolan

Bolan said that Leadership is setting the right priorities, putting the right people in the right jobs and creating the environment for allowing them to achieve their objectives. Bolan is using a democratic form of leadership because he allows for the growth of his subordinates.  At some point Bolan gave a good idea on how leaders should act. Bolan understood that leaders should know their people, the capacities of their people and the job that best fit the employee.  Bolan has the mindset of having the best environment that will help them achieve their goals.  On the other hand Bolan was not able to add communicate effectively to his idea of what a leader should have. Decision-making, teambuilding, and communication skills must be strengthened throughout the organization. Leaders accomplish these ends by applying effective interpersonal skills, the creation of meaning, articulating a vision, using symbols to clarify visions, and inspiring followers (Harris 2002). Leaders need to open up lines of communication with the subordinates so that they can share ideas, objectives or policies. Communication is used to reduce the issues the leader and the personnel has. Bolan was also not able to add decision making capability to his idea of leadership. Decision making happens when there is a need for an immediate action due to an immediate situation. Decision making is a leader’s responsibility but he can make use of a process to involve the other members of his group.  The process of decision making reduces the weigh of making a decision and helps in enriching a group’s relationship.  Like other leaders Bolan still has some few more things to learn about leadership.

 

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MANAGEMENT AND PERFORMANCE APPRAISAL IS NECESSARY

management and performance appraisal is necessary. Performance management can be defined as the integration of performance appraisal systems with broader HRM systems as a means of aligning employees’ work behaviors with the organization’s goals. A performance management system consists of the processes used to identify, encourage, measure, evaluate, improve, and reward employee performance at work (Sims 2002a, p. 81). Performance management helps organizations sustain or improve performance, promote greater consistency in performance evaluation, and provide high-quality feedback. Performance management helps organizations link evaluations to employee development and to a merit based compensation plan. It forms a basis for coaching and counseling, permits individual input during the evaluation process, and allows for a blend of qualitative and quantitative evaluations. Performance management provides a process that helps manage employee expectations of job demands and factors that reveal how well the job is done (Kissler, 1991 cited in Gilley & Maycunich 2000). Performance management is an outgrowth of management controls whose purpose is to ensure that work is progressing according to the organization’s plans. Performance management according to Snell (1992) is the principal set of practices by which control is manifested in organizations. Control is defined as any process that is used to align the actions of individuals to the interests of the organization (cited in Gratton, et al, 1999 p. 60). Controlling is the management function concerned with monitoring performance to ensure that it conforms to plans. Control is accomplished by comparing actual performance with predetermined standards or objectives and then taking action to correct any deviations from the standard (Sims, 2002a). The three basic requirements of the control process are:

• Establishing performance standards – Standards are used to set expected performance levels for machines, tasks, individuals, groups of individuals and the organization as a whole.
• Monitoring performance and comparing it with those standards – The primary purpose of monitoring performance is to provide information on what is actually happening in the organization.
• Taking necessary corrective actions – Corrective action can be taken after the actual performance has been assessed and compared with performance standards.

As part of the control process, the purpose of performance management is to make sure that employee goals, employee behaviors used to achieve those goals, and feedback of information about performance are linked to the organizational strategy (Sims, 2002a).

 

            Performance appraisal is the process by which an employee’s contribution to the organization during a specified period of tine is assessed (Sims, 2002b). Performance appraisal is integral to the successful operation of most organizations. During this process, employees are evaluated formally and informally to determine the nature of their contributions to the organization. Appraisal occurs during time periods and in meetings that are scheduled to produce reasoned consideration of contributions, but it also occurs informally as employee contributions are observed, or when an evaluation is brought to the attention of others (Dickinson, 1993).

            Performance appraisal is treated as an evaluation and development tool, as well as a formal legal document. Appraisals review past performance – emphasizing positive accomplishments as well as deficiencies and drafting detailed plans for future development. The performance evaluation also serves a vital organizational need by providing the documentation necessary for any personnel action that might be taken against an employee (Sims, 2002b).

 

 

 

Performance Appraisal at Hewlett Packard

            Hewlett-Packard (HP) is a technology solutions provider to consumers, businesses and institutions globally. The company’s offerings span from IT infrastructure, personal computing and access devices, global services and imaging and printing for consumers, enterprises and small and medium businesses.

The HP Way

            The HP values, written by David Packard in 1989 are the centerpiece of the Hewlett-Packard Way. The HP Way and the company’s values are no different from other large companies. The difference lies in the seriousness with which values are treated as management tool. The central element in all activities in Hewlett Packard is the ‘HP Way’, a set of beliefs, objectives and guiding principles, and described by Bill Hewlett as the policies and actions that flow from the belief that men and women want to do a good job, a creative job, and that if they are provided with the proper environment they will do so. HP treats every employee with respect and everyone’s personal achievements are recognized (Peters and Waterman 1982 cited in Needle 2001). The HP way can be summarized as a combination of different concepts. These concepts are love of the product, love of the customer, innovation, quality, open communication, commitment to people, trust, confidence, informality, teamwork, sharing, openness, autonomy, responsibility (Needle 2001).

 

 

Performance-Based Culture

            Hewlett Packard has a pay-for-performance plan. In order to make this plan successful, the company embraces an organizational culture that embraces pay for performance. Such a culture emphasizes goal setting, rating and/or ranking of performance, and performance dialogue between supervisors and subordinates.

            Hewlett Packard operates in more than 178 countries. The company has a performance-based culture. Employing more than 140,000 people, Hewlett Packard is known as a great place to work. The company values every employee from all levels and they are viewed as important individuals with unique ideas, skills, experiences and perspectives that they bring in their jobs. The employees are encouraged to share and express their ideas and skills. Hewlett Packard is an organization that provides employees with opportunities to learn grow, and develop their skills. Goal setting is an important process in the organization. In this process, the employees coordinates with their supervisors in setting up their individual development paths. Learning within the organization is intended to be flexible, fast and rewarding. The culture that Hewlett Packard has empowers people and allow them, to make the most of their skills, personality and career. Goal setting is also important in performance appraisal (Nelson and Quick 2006).

 

 

Performance Appraisal System

Goal Setting

In Hewlett Packard, there has been a long tradition of targets being determined by both boss and employee. This reflects not only the longstanding policy of decentralization within the organization but also the difficulty of imposing performance targets on employees who are facing changing demands and working in fast-changing markets. These conversations are participative. The discussions attempt to cover the diversity of situations the employees would face. In the monthly formal meetings as well as in informal settings, manager and employee have the opportunity to revise these targets in light of new information about the environment of client behavior. The revisable nature of the performance targets, together with the degree of influence employees have over their goal setting, means that perceptions of fairness are high in terms of the targets being realistic and achievable.

 

Performance Evaluation 

In HP, the performance appraisal is used primarily as a development tool. Formal meetings between manager and employee are held every quarter, culminating in a full annual appraisal. Employee voice in the evaluation was strong. Self-assessment exercise are strongly encouraged in HP. Managers devote a great deal of time not only to discussing problems and identifying areas for improvement, but also to giving feedback. This occurred not only in formal meetings, but also on an ongoing basis. This informal process helped to cement new organizational values by correcting and reinforcing behaviors and attitudes. In order to achieve a rounded picture of employee performance, the company has introduced socially based measures of evaluation such as 360-degree appraisal.

 

Performance Appraisal Tool: MBO

            The activities of HP employees were guided by a comprehensive system of management by objectives (MBO). The performance appraisal system starts with the establishment of long- and short-range objectives derived from company and group objectives. At each company level, overall objectives were communicated and subunit objectives were negotiated. HP lets the employees decide on how they would accomplish the goals that they have set. The goals were made to interconnect horizontally and vertically throughout HP. The management by objective process is part of the company’s strategic planning which defines the objectives and responsibilities that a job entails. Although the top management is the one who initiates the process, every employee is given opportunity to influence the setting of objectives. Employees are encouraged to suggest on how they can contribute to the success of the business unit In an MBO system an employee meets with his or her manager, and they collectively set goals for the employer for a coming period of time. These goals are usually quantifiable, they are objective, and they are usually written. During the specified timeframe, the manager and the employee periodically meet to review the employee’s performance relative to attaining goals. At the end of the specified period, a more formal meeting is scheduled in which the manager and employee assess the actual degree of goal attainment. The degree of goal attainment then becomes the individual’s performance appraisal (Sims, 2002a).

            HP combined MBO with the paired-comparison approach. The paired comparison approach, according to Sims (2002b), measures the relative performance of employees in a group. A manager lists the employees in the group and then ranks them (p. 205). HP managers invested considerable time and energy ensuring that an individual’s pay level within their salary range reflected their performance when compared to others. Performance was judged by the immediate supervisor but adjusted based on a ranking process, conducted by managers in face-to-face meetings, which compared employees in different departments with similar responsibilities.

 

Evaluation of the Performance Appraisal

            Based on my investigation and through the information I have gathered thus far, I can say that Hewlett-Packard has an effective and efficient performance appraisal system. The performance appraisal system is effective and efficient because it is aligned with the rewards and the goals and objectives of the organization. The performance appraisal is also an effective tool in measuring the contributions of each employees, including their strengths and weaknesses. It also gives a clear view of the training needs o the employees. However, the fact that there are problem areas or that the performance appraisal system used has weaknesses can not be discounted. It is of utmost importance that the sources of possible problems and challenges in the performance appraisal are identified in order to avoid mistakes.

 

            The Management by Objective performance appraisal that Hewlett Packard employs tends to reward employees who achieve the agreed targets with increased pay or promotion, while those who do not attain objectives are seen as to have failed and penalized accordingly. MBO also tends to focus on the number of objectives to be attained, or the ‘quantity’ of the performance or outcome that is to be attained; in some situations, the level of difficulty or the quality of the results might be more important.

 

Strengths and Weaknesses of MBO

            The strengths of MBO as a performance appraisal system are:

• It increases the employee’s involvement in setting performance objectives and increases the motivation required to reach those objectives
• It offers an objective, factual basis for measuring accomplishments
• It is entirely job centered
• It establishes the appraiser as a facilitator of performance rather than a critic of performance
• It assures the organization that all employees are working toward a common purpose
• It supports psychological concept that people will exercise self-direction and self-control in the accomplishment of organizational aims that they have participated in setting.

            Organizations that use MBO frequently report that they are very effective, highly motivating performance appraisal systems. MBO systems communicate to employees exactly what is expected of them, and provide clear behavioral benchmarks for performance. Developmental feedback is inherent in the entire MBO process, because the employees skills and abilities are taken into account at the front end when goals are initially set and along the way as progress toward the goals is measured. In an MBO system, goals are highly personalized and reflect the employee’s experience and training (Kulik 2004).

 

MBO as a performance appraisal tool has also some weaknesses. These include the following:

• It is an organizational philosophy and can not operate at one organizational level without operating at all levels
• MBO ca not be implemented at all organizational levels simultaneously, nor can it be implemented from the bottom up – it must begin at the very top of the organization and works its way down
• It requires a total and sizable commitment of management support, interest, and time if it is to succeed
• MBO is not applicable to all types of jobs. Individuals performing routine, repetitive, or machine-paced jobs are better appraised by another method
• Employees require extensive training before they normally respond in a positive way to MBO (Caruth and Hadlogten 2001).

 

Possible Sources of Problems

            Although the performance appraisal system used by HP can be considered as effective and efficient, the management must make sure that the possible sources of problems are identified and avoided. The company must take necessary measures in order to prevent problems with the system. The possible sources of problems are the following:

1. Personal Bias

            One of the biggest problems in every performance appraisal system is the tendency of the appraiser to be bias. An evaluator’s personal feeling about the person being appraised can affect the result of a performance appraisal.

2. Lack of Appraiser Training

            Another source of problems that the organization must be aware of is the lack of appraiser training.

3. Insufficient Information

            Insufficient, inadequate and incorrect information can also be a source of problems and difficulties.

4. Lack of Documentation

            A major problem with most appraisal system is that they do not require continuous documentation of employee performance. When documentation does exist, it is often inadequate to support an accurate assessment of employee accomplishments. Nonexistent or inadequate documentation leads supervisors to commit many performance appraisal errors (Caruth and Handlogten 2001).

 

Recommendations

            MBO is the primary tool that HP uses in appraising employee performance. The company was able to establish as effective MBO system that is able to measure the performance of the employees against the goals that they have set. However, relying on MBO alone can lead to different problems and difficulties. MBO has both strengths and weaknesses. In order to maximize the strengths of MBO and minimize its weaknesses, the company must make use of other performance appraisal tool.

 

Recommended Appraisal Tools

            Other than MBO, the company can also make use of performance tools to make sure that the performance appraisal system is effective and efficient. The following are the recommended tools for HP:

1. Rating Scales

            One of the most widely used performance appraisal method is some form of a rating scale. The use of rating scales is popular among organizations because it is simple and easy to use. With rating scales, employees are evaluated according to a set of predetermined factors, such as quantity of work, quality of work, absenteeism, or the like. Each evaluation factor is ranked from the lowest level of performance to the highest in as many as fifteen categories (Caruth and Handlogten 2001).

2. Checklists

            Performance appraisal checklists provide the evaluator with a series of statements, phrases, or adjectives that describe employee performance. These statements may be subdivided into specific factors such as quantity of work, quality of work, and so forth, with the descriptors listed under each category. Occasionally, the phrases or adjectives are simply listed without categorization. The appraiser marks the statement or adjective considered to be most descriptive of the employee’s performance during the period covered by the appraisal.

 

Other Recommendations     

1. Flexible Job Descriptions/ Employee Influence in the Process

            The manager and the employee should be the ones responsible for job analysis, job design and job description. The organization’s generic or model job descriptions should be used by managers and employees only as a basis for developing and agreeing their own description of the job the employee really does. Job descriptions should not be written and imposed on job holders from above. The responsibility of designing the job description should remain with the manager and the job holders. The contents of the job description should be agreed by both the job holder and the manager. Getting employees’ commitment is a key to setting effective goals. Employees should participate fully in the setting of objectives for their own jobs, and have an opportunity to contribute to planning the objectives of the work group, the department and the organization as a whole. Each individual’s goals must fit in with those of the wider work group or workplace. How much you involve employees in setting their targets will depend on the organization’s approach to performance management and on its style and culture generally. At the very least, managers should ensure that the person responsible for achieving a particular objective understands and accepts it. Employees will not feel committed to targets that are just handed down to them by management (Rudman 2003).

2. Rater Training and Employee Education

            One approach to performance appraisal training is to alert managers to common errors of judgment so they can spot them in how they evaluate others and guard against them. Appraisal methods that have clear performance dimensions are likely to reduce rating errors (London 1997). For any appraisal system to be effective, training must focus on helping managers develop specific skills and confidence in their ability to effectively evaluate others. These skills should include goal setting, communicating performance standards, observing subordinate performance, coaching, giving feedback, completing the rating form, and conducting appraisal review. Appraisals without training is a sure route to ineffectiveness, frustration and dissatisfaction. It is also important to make employees understand the appraisal system. Everyone in the organization needs to understand why appraisals are being conducted and how the system operates. The more clearly stated the organization's purpose for appraisals, the less confusion and ambiguity surrounding the process. The goal should be that everyone knows why you are conducting appraisals (Longnecker and Goff 1992).

3. Ensure the Validity and Reliability of the Performance Appraisal

            Establishing the validity of performance appraisal begins with job analysis, the process wherein job performance factors are clearly identified. These factors may include such items as quantity of work, quality of work, meeting deadlines, and adhering to prescribed procedures. The factors must be quantifiable and specifically defined so as to reflect expected outcomes (Caruth and Handlogten 2001).           

4. Ensure that Communication is Open

            All employees have a strong psychological need to know how well they are performing. An effective performance appraisal system ensures that feedback is provided on a continuous basis—not in an annual written evaluation, but in the form of daily, weekly, and monthly comments from a supervisor. The annual evaluation and its accompanying interview or performance discussion must be devoid of surprises. While the interview presents an excellent opportunity for both parties to exchange ideas in depth, it is not a substitute for day-to-day communication about performance (Caruth and Handlogten 2001).

 

 

 

 

 

 

 

 

 

 

RECORD OF MY RESEARCH AND THINKING DURING THE PREPARATION OF MY MOOT AND COURSEWORK

Research and Thinking during the Preparation of the Moot and Coursework

 

Brainstorming

            Initial consideration prior to the research and write-up of the moot work included a close scrutiny of the facts of the case to determine the relationship of the parties and the events surrounding the claims of each parties, the key and subordinate issues raised by the parties, and the legal principles and provisions applicable to the case. Prior considerations in the case of the coursework involved pondering upon the statement to identify the different perspective in discussing the statement and choosing a particular point of view. After identifying all these areas, the research techniques and sites were determined.

 

Researching Sources

            After identifying the topics for research, the possible sources of information were identified, covering books, journals, papers and online sources. In research, knowing the keywords is important to find relevant sources. In the moot work, the primary issue subject to the parties’ arguments is the existence of a valid contract. The key words in searching for sources are contract law, formation of contract, and valid contract. These key words were applicable whether searching for books, journals and papers in the library of searching for internet-based resources. Key words in the coursework includes criminal justice system, jury system, role of the jury, and a combination of these phrases such as the jury system under the criminal justice system or the role of the jury in the criminal justice system.    

 

            Sources of information for books, journals and papers included the library database and catalogue requiring the key words. Internet articles and papers were researched through search engines such as Google, Yahoo, Alta Vista, MSN and academic search sites, relevant cases were found through the sites Lexis & Nexis, Lawtel, Law Reports and Bailii by again using the key words, and the texts of laws were accessed by using the search engines or searching the websites of government offices. Department of Trade and Industry () provided the text of legislations and papers on sales contracts, the Office of Public Sector Information () provided texts of various legislations, and the Parliament () provided information on law reforms and updates.

 

Organization of Ideas

            After the process of looking for relevant sources, the succeeding step is to read the sources to have a further understanding of the topics for research. In the case of the coursework, there was a need to understand the historical context and development of the jury system in order to have a background in identifying the place of the jury system in the criminal justice system. Having a context for discussion precedes the identification of the ideas, principles and jurisprudence on the actual issues to be discussed. After being satisfied of sufficient data to support the views/s to be discussed, an outline for the paper is identified including the headings and sub-headings that served as a guide in writing the paper and other technical considerations such as word limit and citation format.

 

            Based on the outline, the ideas to be presented are mentally organized through deductive or inductive thinking before typing it into the computer. In cases where there seems to be a deviation from the outline or the train of thought after a few paragraphs and headings, the work is read as a whole to determine if there are ideas that needed to be removed or redirected. Writing involved the continuous process of reading and re-reading the work until a unified and consistent perspective started to form. In cases where there is need for additional sources, then research should again be repeated. After the body has been completed and all supporting ideas have been identified, then a conclusion/s is drawn and written in a few sentences or paragraphs that includes a summary of the contents and the conclusion to the issue/s.

 

Reflection

            In preparing and writing the moot and coursework, time is a necessary consideration in order to complete the writing process of brainstorming, researching, writing and editing as well as having adequate research options and search skills. Important processes internal to the writer include the identification of key issues and questions and determination of a particular perspective in discussing the topics.

Obesity in America: The Growing Epidemic

A REPORT ON OBESITY IN AMERICA: THE GROWING EPIDEMIC

 

 

 

THE RESEARCH QUESTIONS

 

What are the current medical definitions of your medical entity?

What is the prevalence of the medical entity in the states and counties represented by the members of your study group?  

Has the prevalence of the medical entity in those states and counties changed over the last 50 years?

What age groups (infants, children, teens, young adults, middle aged, or elderly) have shown the greatest increase in the medical entity in the last 10 years?  

 

STATE AND COUNTY INFORMATION

ALABAMA:

 

What are the current medical definitions of your medical entity?

 

The medical entity, obesity, is defined as any adult with a BMI above 30.  The BMI is calculated by dividing a person's weight in kilograms by his/her height in m^2.  It is thought to provide an indication of one's health concerning excess body fat ().

What is the prevalence of the medical entity in the states and counties represented by the members of your study group? 

In 2003, the Alabama Center for Health published a report using statistics from the Behavior Risk Factor Surveillance System, which estimated Alabama to have an obesity percentage of 24.5, ranking them in the top 7 states in the nation in obesity.  Furthermore, 37.2 percent were found to be overweight. This study also included individual county studies of obesity, which demonstrated that counties in the lower third of the state had the highest numbers of obese people.  An estimated 26.6 to 31.8 percent of people in these counties were found to be obese.  Most of northern Alabama, as well as Baldwin and Geneva counties in south Alabama, had a percentage of obesity from 21.8 to 23.0 percent ().

According to a 2005 Behavior Risk Factor Surveillance System, 29 percent of adults in Alabama are obese. The percentage of overweight people is 36 percent (Alabama Department of Public Health).

In a more recent report published in 2006 and distributed by "Trust for America's Health" in Washington D.C., Alabama was ranked 1st in the nation in obesity with an estimate 28.4% of the adult population being obese ().

 

Has the prevalence of your medical entity in those states and counties changed over the last 50 yrs?

The prevalence of obesity over the past 50 years has changed dramatically.  Data collected from an article entitled "Obesity in America," a 20 year obesity statistical recording listed that from 1985 to 2005, Alabama's percentage of obese adults increased by almost 20 percent.  In 1986, the percentage of obese people in Alabama was less than 10 percent.  By 1998, the percentage increased to about 20 percent.  From 2001 to 2005, the percentage fluctuated at around 25 percent and in 2006; Alabama became the most obese state in the nation, with about 28.4 percent of the adult population being obese ().

Income levels have a correlation with obesity, and can possibly be one of the main factors that one should use when considering the source of Alabama's obesity. In Alabama, the prevalence of obesity in groups with less than or equal to $15,000 was 30.9 percent. People with incomes around $75,000 were 20.8 percent obese. Education also had an impact, showing 26.3 percent obesity for adults with only a high school education. This contrasted the 18.5 percent of college graduates in Alabama that were obese ().

 

What age groups (infants, children, teens, young adults, middle aged or elderly) have shown the greatest increase in the medical entity in the last 10 years?

 

The numbers of overweight youth in Alabama are rising fast as well. Data from the 2005 Youth Risk Behavior Survey shows that among high school students, 15 percent are overweight and 18 percent are at risk for overweight ().

 

CALIFORNIA (SAN DIEGO COUNTY):

 

What are the current medical definitions of your medical entity?

 

For adults, obesity is defined as having a very high amount of body fat in relation to lean body mass, or Body Mass Index of 30 or higher.  BMI is a measure of an adult’s weight in relation to his or her height i.e. the adult’s weight in kilograms divided by the square of the individual’s height in meters.  For children and teens, BMI ranges above a normal weight have different labels (at risk of overweight and overweight). The BMI ranges for children and teens are defined so that they take into account normal differences in body fat between boys and girls and differences in body fat at different ages (Wood County Health Department 13).

What is the prevalence of the medical entity in the states and counties represented by the members of your study group? 

The rate of obesity is climbing in the state of California and is consistent with national trends.  (2001) reported that there were more than 4.7 million obese adult Californians in 2001 with Marin County having the lowest proportion of obese adults. San Diego had lower percentage of obese adults compared to the general California percentage (2). According to the 2003  (CHIS), the prevalence of obesity among adults, age 18 and older, in California was 21 percent while the prevalence of obesity among adults in San Diego County was 18 percent (). Furthermore, in 2005, 33 percent of children in California are overweight and thus, are likely to become obese when not assisted (). In 2006, a third of California children and one in every four teenagers are either overweight or obese (). Approximately 28 percent of obese California children are in fifth, seventh and ninth grades .

 

Has the prevalence of your medical entity in those states and counties changed over the last 50 yrs?

In the last 50 years, the overall prevalence of obesity has increased in California, even doubling for both men and women from 1990 until 2003 (). According to the CDC’s Behavioral Risk Factor Surveillance System (BRFSS), in 1985 the prevalence of obesity among adults was less than 10 percent in California.  In 1988, obesity increased to 10-14 percent. In 1989, obesity dropped back to less than 10 percent. In 1991, it increased again to 10-14 percent and stayed within this range until 1997 when it increased to 15-19 percent.  In 2001, the prevalence increased to the 20-24 percent range. It dropped back to the 15-19 percent range in 2002. In 2003, the obesity prevalence increased to the 20-24 percent range and has remained in this range ( ). In addition, the obesity rate for men in 2003 increased by 23 percent while the rate for women recorded a 22 percent increase ().

The  (NHANES) data show that the prevalence of overweight among children from 6-11 years old increased nearly four-fold between 1963 and 2000. Among adolescents from 12–19 years old, the prevalence of overweight increased more than three-fold between 1966 and 2000 ( ). In 2006, 14 percent of children in California who are between six and seventeen years old were obese, 15 percent of the same age group were overweight and 72 percent of fifth, seventh and ninth graders failed in the state standards of general physical fitness (Childhood Obesity). San Diego, which was once America’s Fittest City dropped to the 14th slot in the 2004 ranking as obesity continuous to heighten in the last 15 years - 50 percent in adults and 100 percent among children and adolescents (Obesity is Bad). Because overweight children are likely to become overweight adults, these children are more liable to suffer from cardiovascular disease, cancer, and diabetes in adulthood—all chronic, but largely preventable diseases that already account for two-thirds of all deaths in California (). The high prevalence of overweight and physical inactivity is caused by many individual, social, and environmental factors. This epidemic is perpetuated by conditions including, but not limited to, the following: increasing portion sizes, increasing consumption of fast food and soft drinks, lack of funding for nutrition and physical activity programs, availability of soda and junk food on school campuses, poor physical activity infrastructures in schools and communities, limited compliance with physical education requirements in many schools, limited access to healthy foods in low-income neighborhoods, and advertising of junk food to children and their families (3).

 

What age groups (infants, children, teens, young adults, middle aged or elderly) have shown the greatest increase in the medical entity in the last 10 years?

 

In the past 10 years, according to the Behavioral Risk Factor Surveillance System, the years 1995, 2000, 2005 in the United States revealed that the age group that has shown the greatest increase in obesity is the 30-39 age group. This group showed an increase from an obesity prevalence of 14.3 percent in 1995 to 24.4 percent in 2005 (a 10.1% increase).  Males aging between 55 to 64 years old recorded an increase of 27.2 percent in 1988-1994 and 35.5 percent in 1999-2002 while 65 to 74 year-old females had the greatest increase in obesity from 26.9 percent in 1988-1994 to 39.3 percent in 1999-2002 ().

California is facing a public health crisis in the form of obesity. Californians have gained 360 million pounds in the last 10 years. More than half of the state's adults are overweight or obese and more than a quarter of California's students are overweight, placing California's rate of childhood obesity higher than the national average. Poor diet and lack of physical activity are the second leading causes of death and disability, resulting in nearly 30,000 deaths each year in California. California's economic burden as a result of this crisis was $22 billion in 2000, and is expected to rise to $28 billion in 2005. Health officials predict that if these trends continue, this generation of children will be the first to have a shorter life expectancy than their parents (). According to the  (2007) unhealthy eating habits established in childhood, adolescence and late teens carry over to adulthood. Sedentary lifestyle coupled with decreased metabolic rate. Lifestyle changes due to technology such as elevators, cars, dishwashers, televisions, power lawn mowers, etc. Decreased metabolic needs and energy expenditure coupled with the same or increased food intake.

 

MARYLAND:

 

What are the current medical definitions of your medical entity?

 

The  (2006) overweight and obesity are both labels for ranges of weight that are greater than what is generally considered healthy for a given height. The terms also identify ranges of weight that have been shown to increase the likelihood of certain diseases and other health problems. For adults, overweight and obesity ranges are determined by using weight and height to calculate a number called the “body mass index” (BMI). BMI is used because, for most people, it correlates with their amount of body fat: an adult who has a BMI between 25 and 29.9 is considered overweight; and an adult who has a BMI of 30 or higher is considered obese.

 

What is the prevalence of the medical entity in the states and counties represented by the members of your study group? 

Fifty nine percent of Maryland adults were overweight or obese in 2004. Twenty-two percent of non-Hispanic white adults, 31 percent of non-Hispanic black adults, and 19 percent of Hispanic adults in Maryland are obese. Furthermore, 29 percent of low-income children between 2 and 5 years of age in Maryland are overweight or at risk of becoming overweight ().

 

Has the prevalence of your medical entity in those states and counties changed over the last 50 yrs?

The prevalence of obesity has increased over the last 50 years. The following statistics shows the percentages from different years:

 

• 1987-88: 10-14% (highest percentage range)

• 1989-94: 10-14% (second highest range)

• 1995-96: 15-19% (highest percentage range)

• 1997-00: 15-19% (second highest percentage range)

• 2001-02: 15-19% (third highest percentage range)

• 2003-04: 20-24% (second highest percentage range)

• 2005: 20-24% (third highest percentage range)

 

Overall, the prevalence of obesity increased in Maryland; the numbers indicate that the prevalence tended to reach a plateau for a few years and then increased ().

 

What age groups (infants, children, teens, young adults, middle aged or elderly) have shown the greatest increase in the medical entity in the last 10 years?

 

There has been an increase of 62 percent in the number of obese adults from 1990-2002 (No Children).

 

 

NEW JERSEY:

 

What are the current medical definitions of your medical entity?

 

The  (2006) states that obesity is “the excess accumulation of body fat and a growing health problem. Obesity is a known risk factor of numerous chronic diseases, including diabetes, heart disease, high blood pressure, gall bladder disease, arthritis, breathing problems, and some form of cancer.”

 

What is the prevalence of the medical entity in the states and counties represented by the members of your study group? 

In 2004, obesity affected 21.9 percent of adults in the state of New Jersey. The United States national average was 23.2 percent. In 2005, New Jersey was still under the national average ().

 

Has the prevalence of your medical entity in those states and counties changed over the last 50 yrs?

What age groups (infants, children, teens, young adults, middle aged, or elderly) have shown the greatest increase in the medical entity in the last 10 years?”

 

The following chart shows that in the state of New Jersey, 55 to 64-year-old individuals had the highest percentage of obesity. Almost one-third of this age group was obese ().

 

Moreover, the 2005  Health Survey found out that 12 percent of ninth to twelfth graders were overweight and another fifteen percent were at risk for becoming over weight. A study conducted in 2003 by the New Jersey Departments of Health and Senior Services and Education found that 20 percent of sixth graders evaluated were obese and another 18 percent were overweight. Higher obesity levels were observed among the sixth grade boys as compared to girls ().

The following reports and figures are from the  (2005):

 

 

The above figures say that most students in New Jersey are “TV couch potatoes”. The figures reveal that 36 percent of New Jersey high school students spend three hours a day in front of the TV. It can also be deduced that male high school students are more likely to have obesity in New Jersey.

Another interesting chart showed ethnic groups and percentages and how prevalent obesity was in each group follows:

            

Source: (2000).

From the statistics in the figure below, it can be sorted out that there are about 385,000 New Jersey residents who are at the age of 60. From the figure above it can be said that 29 percent of this age group were obese ().

 

 

PENNSYLVANIA

 

 

TEXAS:

 

Total State Population:  22,859,968 (2005 estimate)

Dallas County Population:  2,305,454 (2005 estimate)

 

What are the current medical definitions of your medical entity?

According to the  (2006) overweight refers to increased body weight in relation to height, when compared to some standard of acceptable or desirable weight. Overweight may or may not be due to increases in body fat. It may also be due to an increase in lean muscle. For example, professional athletes may be very lean and muscular, with very little body fat, yet they may weigh more than others of the same height. While they may qualify as "overweight" due to their large muscle mass, they are not necessarily "over fat," regardless of BMI. The BMU of overweight people exceeds 25.

Desirable weight standards are derived in a number of ways: (1) by using a mathematical formula known as Body Mass Index (BMI), which represents weight levels associated with the lowest overall risk to health. Desirable BMI levels may vary with age; and (2) by using actual heights and weights measured and collected on people who are representative of the U.S. population by the National Center for Health Statistics. Other desirable weight tables have been created by the Metropolitan Life Insurance Company, based on their client populations (). These sources are consistent with the U.S. Dietary Guidelines and with the National Heart, Lung, and Blood Institute's Clinical Guidelines on the Identification, Evaluation, and Treatment of Overweight and Obesity in Adults. Obesity is defined as an excessively high amount of body fat or adipose tissue in relation to lean body mass. The amount of body fat (or adiposity) includes concern for both the distribution of fat throughout the body and the size of the adipose tissue deposits. Body fat distribution can be estimated by skin fold measures, waist-to-hip circumference ratios, or techniques such as ultrasound, computed tomography, or magnetic resonance imaging. BMI for overweight or obese is 25 or more ().

According to the  (2005) obesity is a complex, multi-factorial chronic disease involving environmental (social and cultural), genetic, physiologic, metabolic, behavioral and psychological components. It is the second leading cause of preventable death in the U.S. Overweight and obesity are part of the U.S. Department of Health and Human Services' health agenda that have steadily moved away from their established targets for improvement. Today, public health leaders recognize obesity as a "neglected public health problem." This fact sheet will demonstrate the impact of overweight and obesity on millions of Americans of all ages and both genders.

What is the prevalence of the medical entity in the states and countries represented by the members of your study group?

            Apparently that old saying that “everything is bigger in Texas” holds true for its residents as well.  According to the  (2006) in 2005, an estimated 10.4 million or 64 percent of Texas adults were overweight or obese. Also, a report released in 2005 found that Texas reported it had the 6th highest prevalence in adult obesity in the United States.

Has the prevalence of the medical entity in those states and counties changed over the last 50 years?

According to the  (2006) Texas dropped its state ranking from 6th to 10th.  Unfortunately, Texas dropped in the ranking because the prevalence of obesity increased in other states, not because the state of obesity had improved in Texas. If the current trends continue, 20 million or 75 percent of Texas adults might be overweight or obese by the year 2040, and Texas costs could quadruple from $10.5 billion today to as much as $39 billion by 2040.

The (2005) cites that:

• There are no reports or statistics on American obesity prior to 1976.  The earliest data on American obesity was recorded between 1976 and 1980.  It was reported then that 46% of American adults were considered overweight and 14.4% were considered obese.  Since that time the percentage of overweight and obese Americans has increased dramatically.  The AOA last reported between 1999 and 2000.  At that time 64.5% were considered overweight and 30.5 were considered obese.
• Early reported studies from the AOA do not give data for individual states and cities.
• In 1991 the AOA reported that 12.7% of Texas adults were obese.  In 1998 that number climbed to 19.9%.  In 2000 that number again increased to 22.7%.  The last reported statistic was in 2001 at 23.8%.
• In 2000 Dallas, Texas was reported as the 15th most overweight city in the United States.  In 2005 Dallas, Texas was reported as the 6th most overweight city in the United States.

What groups (infants, children, teens, young adults, middle aged, or elderly) have shown the greatest increase in the medical entity in the last 10 years?

           

The  (2006) reports the following facts:

·         Overweight and obesity are more pronounced among men, minorities and middle-aged adults.

·         The prevalence of childhood overweight was greater in Texas in 2004-2005 than the U.S. rates reported for the 2003-2004 National Health and Nutrition Examination Survey (NHANES).  The overall prevalence of overweight and at-risk for overweight in Texas schoolchildren was 42% for fourth graders, 39% for eight graders and 36% for eleventh graders in 2004-2005.

·         In 2000-2001, the percentage of overweight students in Texas was much higher among minorities, with the highest prevalence of overweight in Hispanic boys in all grade levels, Hispanic girls in fourth grade and African American girls in the fourth and eleventh grades.

·         30% of Texas high-school students are overweight or at risk of becoming overweight.

·         From 2000-2002 to 2004-2005, the prevalence of overweight increased among both eighth and eleventh graders, but slightly dropped among fourth graders in Texas from 25.6% to 23%.

On the other hand, the American Obesity Association (2005) claims that about 15.5 percent of adolescents (ages 12 to 19) and 15.3 percent of children (ages 6 to 11) are obese as of 1999-2000. The increase in obesity among American youth over the past two decades is dramatic.

 

WEST VIRGINIA (KANAWHA COUNTY):

 

What are the current medical definitions of your medical entity?

 

Obesity is defined as an excessively high amount of body fat or adipose tissue in relation to lean body mass: BMI = [(wt in pounds)/(ht in inches)2] x 703. Obesity ranges are determined using weight and height to calculate the “body mass index” (BMI), usually a number between 18.5 and 30.  An adult BMI of 30 or higher is considered obese.

 

Height

Weight Range

BMI

Considered

5’ 9”

124 lbs or less

Below 18.5

Underweight

125 lbs to 168 lbs

18.5 to 24.9

Healthy weight

169 lbs to 202 lbs

25.0 to 29.9

Overweight

203 lbs or more

30 or higher

Obese

 

Calculated BMI is age- and sex-specific and is often referred to as BMI-for-age (Overweight and Obesity: West Virginia).

According to West Virginia Health Statistic Center (2005) “a single measurement that needs only two factors, weight and height, makes it possible to conduct surveillance on a worldwide basis. There are limitations to BMI, of course. It can be overestimated among persons who are very athletic and have large muscle mass, on the one hand, and underestimated among persons who have lost muscle mass, such as the ill and the elderly. It has been recommended that different BMI cutoff points be used to determine overweight and obesity in certain racial groups (25). In general, however, BMI is considered to be a reliable indication of total body fat content for most adults, regardless of sex.” Furthermore, obesity is multi-factorial, based on both genetics and behavioral factors. Obesity also can contribute to the following diseases: Type 2 diabetes, hypertension, stroke, myocardial infarction, congestive heart failure, cancer, gall stones and gall bladder disease, gout, Osteoarthritis, Sleep Apnea, and Pickwickian Syndrome (Definition of Obesity).

What is the prevalence of the medical entity in the states and countries represented by the members of your study group?

In 2000, the obesity rate in West Virginia was 23.3 percent, an 8.2 percent increase from 1999.  From 1990-94 the prevalence of obesity in Kanawha County was 16.9 percent, ranking the county at 19 out of 55 counties. From 1995-99 Kanawha County had a 22.5 percent prevalence of obesity moving up to the 15th obese county in the state. Mineral County has also shown prevalence of obesity with an average of 37 percent compared to the US average of 33 percent. Obesity is increasing in all counties of West Virginia, but mostly a rise is being seen in the southern and western counties (which are the poorest counties), as well as the Eastern Panhandle (Obesity in West Virginia).

“In 2002, West Virginia ranked first in the nation in the prevalence of obesity (27.6%) and 42nd highest in the prevalence of overweight (36.1%). More than 63 percent of West Virginians are considered overweight or obese.” (A Need for a Healthier West Virginia)

Has the prevalence of the medical entity in those states and counties changed over the last 50 years?

The prevalence of obesity has changed in Mineral County, West Virginia over the past 50 years. In 1985 10 to 14 percent of West Virginians were obese with a BMI equal or greater than 30 (). According to reporter in 2005 West Virginia was considered one of the worst states in the country with obesity problems. West Virginia is consistently among the top three states in the nation for obesity, according to the Centers for Disease Control and Prevention and the State Bureau of Public Health.  The most current data, 2002, 28% of West Virginians were considered obese. West Virginia also leads the nation in hypertension and is fourth in the nation for diabetes ().

What groups (infants, children, teens, young adults, middle aged, or elderly) have shown the greatest increase in the medical entity in the last 10 years?

 

Children, teens, and young adults have seen the most increase in obesity over the past 10 years (). For ages 18 years and above, the average weight for males and females in West Virginia has increased steadily from 1984 to 2000; the males rising from 177.2 pounds up to 194.0, and the women’s weight rising from 142.0 pounds up to 154.9 pounds (Obesity in West Virginia).

The 1999 Youth Risk Behavior Study, conducted by the CDC over the telephone, shows the latest available data for the youth of WV and this age group’s obesity issues.  Using a BMI-for-age calculation formulated especially for children, whose BMI will differ according to sex and age during their developmental stages, the study showed that in 1999, 12.2% of West Virginia high school students in grades 9-12 were overweight, 15.8% being male and 8.3% being female, and that 15.9% of students were currently at risk of being overweight (Obesity in West Virginia).

Sixty-four percent of West Virginia adults are obese or overweight while 29 percent of high-school students are overweight or at risk of becoming overweight. Moreover, 28 percent of low-income children between 2 and 5 years of age in West Virginia are overweight or at risk of becoming overweight (Overweight and Obesity: West Virginia).