Monday, May 18, 2020

What Are Some of the Injustices Against Native Americans

Many people who dont fully understand the history of the United States interactions with Native American nations believe that while there once may have been abuses perpetrated against them, it was limited to a past that no longer exists. Consequently, there is a sense that Native Americans are stuck in a mode of self-pitying victimhood which they continue to try to exploit for various reasons. However, there are many ways that the injustices of the past are still realities for todays native people, making history relevant today. Even in the face of fairer policies of the last 40 or 50 years and numerous laws that are designed to correct past injustices, there are a myriad of ways that the past still works against Native Americans, and this article covers just a few of the most harmful instances. The Legal Realm The legal basis of the US relationship with tribal nations is rooted in the treaty relationship; the US made approximately 800 treaties with tribes (with the US refusing to ratify over 400 of them). Of those that were ratified, all of them were violated by the US in sometimes extreme ways that resulted in massive land theft and the subjection of Native Americans to the foreign power of American law. This was against the intent of the treaties, which are legal instruments that function to regulate agreements between sovereign nations. When tribes tried to seek justice in the American Supreme Court beginning in 1828, what they got instead were rulings that justified American domination and laid the groundwork for future domination and land theft through the power of Congress and the courts. What resulted was the creation of what legal scholars have termed legal myths. These myths are based on outdated, racist ideologies that held Indians as an inferior form of human being who needed to be elevated to Eurocentric norms of civilization. The best example of this is encoded in the doctrine of discovery, a cornerstone of federal Indian law today. Another one is the concept of domestic dependent nations, articulated as early as 1831 by Supreme Court Justice John Marshall in Cherokee Nation v. Georgia in which he argued that the relationship of tribes to the United States resembles that of a ward to his guardian. There are several other problematic legal concepts in federal Native American law, but perhaps the worst among them is the plenary power doctrine in which Congress presumes for itself, without consent of the tribes, that it has absolute power over Native Americans and their resources. The Trust Doctrine and Land Ownership Legal scholars and experts have widely differing opinions about the origins of the trust doctrine and what it actually means, but that it has no basis in the Constitution is generally acknowledged. A liberal interpretation argues that the federal government has a legally enforceable fiduciary responsibility to act with the most scrupulous good faith and candor in its dealings with tribes. Conservative or anti-trust interpretations argue that the concept is not legally enforceable and, furthermore, that the federal government possesses the power to handle Native American affairs in whatever manner it sees fit, no matter how detrimental to tribes their actions may be. An example of how this has worked against tribes historically is in the gross mismanagement of tribal resources for over 100 years where a proper accounting of revenues generated from tribal lands was never conducted, leading to the Claims Resolution Act of 2010, more commonly known as the Cobell Settlement. One legal reality Native Americans face is that under the trust doctrine they dont actually hold title to their own lands. Instead, the federal government holds aboriginal title in trust on Native Americans behalf, a form of title that essentially only recognizes the Native American right of occupancy as opposed to full ownership rights in the same way a person owns title to land or property in fee simple. Under an anti-trust interpretation of the trust doctrine, in addition to the reality of the plenary power doctrine of absolute Congressional power over Native American affairs, there still exists the very real possibility of further land and resource loss given a hostile enough political climate and the lack of political will to protect Native lands and rights. Social Issues The gradual process of the United States domination of Native nations led to profound social disruptions that still plague Native communities in the forms of poverty, substance abuse, alcohol abuse, disproportionately high health problems, substandard education, and substandard healthcare. Under the trust relationship and based on the treaty history, the United States has assumed the responsibility for healthcare and education for Native Americans. Despite the disruptions to tribes from past policies, especially assimilation and termination, native people must be able to prove their affiliation with tribal nations in order to benefit from Native American education and healthcare programs. Bartolomà © de Las Casas was one of the very first advocates for Native American rights, earning himself the nickname Defender of the Native Americans.   Blood Quantum and Identity The federal government imposed criteria that classified Indians based on their race, expressed in terms of fractions of Indian blood quantum, rather than their political status as members or citizens of their tribal nations (in the same way American citizenship is determined, for example). With intermarriage blood quantum is lowered and eventually a threshold is reached where a person is no longer considered Indian, even despite connection to communities and culture that have been maintained. Although tribes are free to establish their own criteria for belonging, most still follow the blood quantum model initially forced on them. The federal government still uses the blood quantum criteria for many of their Indian benefit programs. As native people continue to intermarry between tribes and with people of other races, blood quantum within individual tribes continues to be lowered, resulting in what some scholars have termed statistical genocide or elimination. Additionally, the federal governments past policies have caused Native Americans to eliminate their political relationship with the US, leaving people who no longer are considered Native American because of the lack of federal recognition. References Inouye, Daniel. Preface, Exiled in the Land of the Free: Democracy, Indian Nations, and the U.S. Constitution. Santa Fe: Clear Light Publishers, 1992. Wilkins and Lomawaima. Uneven Ground: American Indian Sovereignty and Federal Law. Norman: University of Oklahoma Press, 2001.

Wednesday, May 6, 2020

Slavery and the Economy of the Southern Colonies Essay

Everybody has something they feel that makes their lives easier, something a person becomes so accustomed to they could not live without it. This is what African slaves were to the Southern colonists. Slavery was a huge factor in the Southerner’s lives. Originally the colonists used indentured servants to work in their homes and on their plantations. This situation was not ideal because the Southern farmers wanted more control over their workers (orange). Virginian farmers heard about the success of slavery in the Caribbean and thought it would be a good solution to their problems (blue). The southern colonists had a very different way of earning a living than in the north. They needed people to work through â€Å"the harsh realities of a†¦show more content†¦Many laws were created in an effort to ensure a white man’s position over a black man’s position. It was made illegal for an African American to insult any white man regardless of either personâ₠¬â„¢s position (red). Also, slave owners were allowed to punish their slaves in any form they deemed necessary. Often they would punish a slave more harshly in order to show the rest of their slaves the repercussions for their missteps. Southerners also used race to justify the negative claims about slavery. They claimed that the white colonists were civil while the African Americans were barbaric and dangerous. When referring to African Americans, white southerners used language similar to the language used by educated Englishmen while describing the extremely poor (red). This influenced others to believe that African Americans were beneath them, which led more and more people to begin to condone slavery. Aside from social benefits, geographical aspects made slavery seem more appealing. Average food crops were not compatible with the southern soil, so southern farmers turned to rice, cotton, and tobacco. Cotton and tobacco were the South’s most important and profitable crops (green). Tobacco became the main source of revenue for the southern colonists (yellow). It requires eleven months of intense labor on the plantations (pink). This gave plantation owners another reason to dislike indentured servitude; theyShow MoreRelatedEconomic, Geographic, And Social Factors1352 Words   |  6 Pagesencourage the growth of slavery as an important part of the economy of the southern colonies between 1607 and 1775? The introduction of Africans to America in 1619 set off an irreversible chain of events that effected the economy of the southern colonies. With a switch from the expensive system of indentured servitude, slavery emerged and grew rapidly for various reasons, consisting of economic, geographic, and social factors. The expansion of slavery in the southern colonies, from the founding ofRead MoreNorth And South Colonial Differences Essay888 Words   |  4 PagesThe Northern and Southern Cultural Differences During the 18th century differences in life, thought, and interests had developed between the Southern and Northern colonies. The origin of these differences grew from the differences in religion, economics, and social structures between the Southern and Northern Colonies. Slavery, manufacturing, education, and agriculture influenced the everyday way of life for the colonists. This has had everlasting effects on America till this day. AgricultureRead MoreThe Labor System Of Slavery Transformed The South During The Eighteenth Century967 Words   |  4 PagesPrompt:The labor system of slavery transformed the South during the eighteenth century. Discuss the impact of slavery on the economy of the South, as well as its impact on southern society and politics. 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Despite the colonies’ loyalty to England and their similar cultures, the Thirteen British North American Colonies had distinct differences in their economies, moral andRead MoreEssay Souths Seccesion and Start of Civil War698 Words   |  3 Pagesdivided economies of the North and South in addition to the conflicting cultures are what caused the Civil War. The Civil War lasted for four years, from 1861 to 1865. It was between the Northern and the Southern states of the United States of America. Although, they were united by government, their viewpoints were totally different. From the early days of America, the thirteen states grew differently. Each state had their own rights and beliefs. Slavery to the south was a way of life. Slavery wasRead MoreThe War Of The American Civil War991 Words   |  4 Pageslife of thousands of Americans and animosity that was built up over several years prior to it can be to blame. Most people think that slavery was the cause of this battle, and although slavery did play a part, it was not the main cause. The biggest roles played in the American Civil War were states’ rights, unfair bills, feelings of inferiority and threats to economy. The tension started during the time that the north attempted to pass a tariff that the south saw as an abomination. The Tariff ofRead MoreThe American Civil War, Fought Between 1860 And 1865 Was1170 Words   |  5 Pagesmore than 600,000 soldiers were dead or wounded. The institution of slavery was ended and the United States was changed forever. Several causes have been suggested for the conflict, including the disagreement over the institution of slavery, economic differences between the north and south and a difference in how the Constitution was to be interpreted. Slavery, however, is the key issue that lies at the heart of the conflict. Slavery has existed as long as cultures have warred with each other. DatingRead MoreColonial American Slavery Essay examples1458 Words   |  6 PagesThe study of slavery in the development of early America is an extremely complex, yet vitally important part of American History. There are hundreds of thousands of documents, debates, and historical studies available today. According to Ms. Goetz, the assistant professor of history at Rice University, who states, in The Southern Journal of History, that in addition to geographic and chronological diversity in the America’s, assessment of experiences of colonial slaves is extremely complex, â€Å"especially

Stiff Competition Different Low Cost Carrier-Myassignmenthelp.Com

Question: Discuss About The Stiff Competition Different Low Cost Carrier? Answer: Porters five forces analysis is taken into account for comprehending the overall performance of the firm Qantas Airlines and various factors that might perhaps affect the same. Bargaining Power of Purchasers: For the purchasers, it can be considered to be a win-win condition when it comes to selection of the airline service. The selection is based on the condition of offering premium class service, low cost and level of comfort accounting many others (Entwistle 2015). According to Moutinho and Huarng (2015), in todays days purchasers have different alternatives to select from and the subsistence of diverse service providers in the airline sector offers them with augmented bargaining as well as purchasing power. Bargaining Power of Suppliers: As rightly mentioned by Bolton et al. (2015), suppliers functioning in the airline industry have comparatively less bargaining power since there subsists a higher number of suppliers delivering somewhat identical services. Again, in case of Qantas Airlines, suppliers power is low since there is existence of other big players in the airline industry namely Virgin Airlines Threat of Substitutes- Airline industry truly enjoy a lower level of threat of substitution since it is a very rapid way of travelling to different long distances that is not always to travel through waterways and roadways. Customers avail the specific airline service even for short distance routes in a bid to save time and enjoy comfortable journey (Wagner and Eggert 2016). Rivalry among subsisting business concerns- Analysis of reports reveals that the Australian Airlines Industry can witness a tussle between specifically the airline service provider Qantas Airlines and the Virgin Airlines in the regional market. In this case, both the corporations suffer losses in operations due to existence of intense competition (Armstrong et al. 2015). Threat of Entry of New Players- In Australian airlines industry, the threat of entry of different new players is normally low. This is so because new corporations have the need of huge investments as per the requisite infrastructure for designing the structure of the airline corporation, which sometimes is tricky (Armstrong et al. 2015). The Australian airline segment experiences strong competition among different airline service providers. The airline operators essentially contest with each another for acquiring higher share of the market. A detailed market research reflects the fact that Virgin Airlines can be considered to be one of the most important rivals of the company Qantas that operates in the Australian airline market, apparent from the price cuts for different services for attracting new customers and retaining the existing customers (Armstrong et al. 2015). Analysis of the current company declarations, both the business firms Qantas as well as Virgin is experiencing losses and in spite of that there is steep decline in the overall number of passengers owing to issues such as competitiveness of the industry as well as terror attacks in US and many others. Nevertheless, there are several measures that essentially make the airline service provider Qantas an clear choice for diverse travellers. For example, the flyer program of the company that is exclusive to the company helps in gaining customer loyalty. Again, the management of Qantas has also declared that the firms frequent flyer program has nearly 7 million loyal members and it is developing with time. As such, the specific purpose of this program started by the company Qantas is to inspire travellers to select Qantas for their requirement of airline service (Armstrong et al. 2015). Again, if they necessarily go on gaining higher number of points, the management of the firm can utilize it for different alliance stores for up gradation of the baggage weights and for acquiring admittance to particularly OneWorld agreement lounge for foods, drinks along with other lucrative provisions. Again, Qantas also relates the firms frequent flyer program with yet another Australian player that is Woolworths and through collect points of Woolworths Everyday Rewards that necessarily offers competitive advantage to the two corporations (Investor.qantas.com 2017). Tough authority in the domestic market of Australia The airline company Qantas have assumed multi brand stratagem that permit the administration of the firm to position the effectual domestic network as the best operator. The company can establish itself as the premium service provider that can operations provide business associated travels backed by the Jetstar delivering service at low fares (Investor.qantas.com 2017). Diversified geographic market The management of the firm Qantas delivers transportation services across diverse geographical borders by means of two complimentary airline operators namely Jetstar and Qantas, functioning globally and delivering domestic services.erse industrial activities The business operations of Qantas are highly vulnerable to different rows related to industrial activities. Particularly within the Australian market, extensive industrial exploits along with union campaigns to discredit the Qantas brand caused notable harm to the corporation during the financial year 2012. For instance, effort of the Transport Workers Union in utilizing bargaining procedure for a new business concern contract for dictating the way definite parts of Qantas need to accessed (Investor.qantas.com 2017). In addition to this, there is need to ascertain the way business concern Qantas manages the employees of different subsidiaries and discomforting Qantas from accessing. Qantas Group declared about the up gradation of the fleet plan and capitalizes on rate of growth in the domestic market in Australia. Particularly, under this arrangement, Qantas leased five extra Boeing Aircraft together with this bought three Bonbardier Q400 aircraft (Investor.qantas.com 2017). Expansion of Jeystar The main objective of Jetstar is necessarily to strengthen the position of the firm as a pan Asian carrier. Presently the company has expended its operations in Singapore, Vietnam as well as Japan by means of franchises. The transnational network of the Jetstar might influence the overall growth of the company Jetstar that is a brand airline delivering the traffic between Asia as well as Australia, strengthening the strong competitive position of the corporation Qantas Airways in specifically the leisure travel area of Asia- Pacifics (Investor.qantas.com 2017). Stiff Competition from different low cost carriers The airlines industry in Australia is currently witnessing stiff competition with the existence of low cost carriers operating in the East Asian district. Essentially, these low budget airline service providers have the tendency to charge low fares, thereby making Qantas less competitive (Levinson 2014). Increase in the prices of fuel The cost of Jet fuel essentially plays an important role in forming the total cost of the corporation Qantas. Particularly during the financial year 2012, the jet fuel increased from approximately AUD 645 million to nearly AUD 4329 million recorded during financial year 2011 (Investor.qantas.com 2017). Corporate Strategy of Qantas in domestic and worldwide markets since 1992 The core stratagem of the group is to enhance profitability of two different flying brands of the company that includes the Qantas and the low cost carrier namely Jetstar. However, in different premium markets, the company strengthens the position while Jetstar takes into account both the regional as well as global leisure market. As such, the strategy developed by Qantas helps in decreasing the overall capital strength by maintaining partnership with diverse carriers in specific uneconomical segments. Essentially, during June 30, 2011, the NOPAT of the business concern Qantas was enumerated to be $250 million with considerable amount of revenue generated from certain ordinary services was documented to be $14.8 billion (Investor.qantas.com 2017). Thus net profit after tax of the corporation increased by approximately 8% as compared to the figure recorded during the previous year. During the year 2011, the company Qantas invested around $2.4 billion for capital expends (Investor.qant as.com 2017). During the year 1992, the Australian Government allowed the airline corporation Qantass bid of worth AUD 400 million for different Australian Airlines along with different subsidiaries (Investor.qantas.com 2017). In addition to this, the government also declared that the group can be completely privatised. As such, the merger of two different airlines also enhanced the carrying potential of passengers, airlines efficient utilization and maintenance of economies of scale between transnational and domestic airline services. In addition to this, the corporation Qantas persistently evolved and attained growth. Again, during the year 2002, the business firm Qantas established low cost regional airlines that is the Jetstar. The company commenced the regional functions during the year 2004, pursued after the Tasmanian services during the period December 2005 (Investor.qantas.com 2017). According to the opinion of Bragg (2014), the Qantas Group has depended on fruitful partnerships as well as successful alliances to acquire biggest share of the transnational airline market. Besides services related to transportation of passengers, Qantas makes available other services that include businesses portfolios such as engineering, freight services as well as catering services. The corporation also implements cost leadership strategy, concentrating on the stratagem of differentiation in which the cost leadership policy stresses on the need of gaining competitive advantage among the rivals in the industry. In essence, this refers to the fact that identical products are delivered at low cost, something that Qantas follows for the Jetstar airways. Additionally, at the time when a single segment of customer is targeted then the strategy is more concentrated. Basically, Jetstar delivers similar service as that of the airline Virgin but necessarily at a comparatively low cost (Bragg 2014). Two different accounting policies of the firm Qantas in the airline industry The policies followed for recognition of revenue necessarily varies founded on the nature of service delivered by the company Qantas Airlines. On the whole, the treatment to passengers and revenue from freight is also analogous. However, for the purpose of attracting more number of customers, Qantas offers tickets of passengers well in advance of service. The entire amount accepted in advance can be taken into consideration for unjustified revenue (Entwistle 2015). Passenger and revenue from freight and travel The business concern at fair value of the accepted consideration, discount on sales of the firm, passenger as well as freight commission enumerates proceeds from passenger and freight (Investor.qantas.com 2017). Again, other sales commission that are paid by Qantas can be taken into consideration by Qantas as expenditure (Titman and Martin 2014). Revenue Gained from frequent flyer The accepted revenue is necessarily deferred as liability (accepted in advance) until these points are transformed in case of Qantas Group. Essentially, redemption revenue is accepted grounded on the approximation carried out by the administration of the anticipated fair value rewards (DeFusco et al. 2015). The receivables of the corporation Qantas comprises of trade debtors, acquired loan from parties as well as other debtors. In addition to this, the net receivable is also recorded as its unique amount after deduction of provision of specific debts that are not collected. The management of Qantas Group also carry out approximations of different doubtful debt at the time of compilation of entire amount is no longer attainable (Trugman 2016). However, bad debts by the corporation are necessarily written off. Nonetheless, it can be regarded to be risky on the part of the corporation for not specifying the provision of specific bad debts that are in line with the credit sales percentage, thereby making it an unstable matter (Jenkins and Williamson 2015). The complete idea of selecting these two facets takes into account different effects that they essentially exert on the operations of Qantas in the Australian airline industry. The airline also makes certain proper handling of the identified issues, influencing it internally. Essentially, these policies can be considered as the primary factors that help in the process of determination of performance of the corporation, company strategies and schemes that the business concern implements (Phuong 2013). Evaluation of financial performance of Qantas during 2013: Analysis of the financial assertions of the corporation Qantas Group reveals that the businesss profit before tax stands at AUD 192 million, statutory tax is essentially AUD 17 million and Statutory Profit After Tax stands at AUD 6 million as on the period ending June 30 of the year 2013 (Investor.qantas.com 2017). Again, this outcome illustrates that development of business strategy of Qantas is quite challenging as there is increase in cost of fuel, stiff competition in the market as well as excessive capacity in the regional market. Essentially, the accounting year witnessed a gain in operations of Qantas as well as Jetstar, on the other hand Qantas successfully reduced its losses to approximately half the amount (Easton et al. 2015). The accounting year 2013 presents both positive as well as negative reflections. The negatives of the business functionalities include carbon tax, transition of particularly Dubai hub and pilot back reimbursement. Contrarily, the positive sides of the operations of the business include the settlement of the Beoings with particularly AUD 134 million (Investor.qantas.com 2017). In essence, the business concern has fortified the financial position with positive net cash worth AUD 372 million on June 2013 and liquidity worth AUD 3.4 billion and this consists of AUD 2.8 billion cash and AUD 630 million is undrawn amenities of debt. However, the net capital of expends was recorded to be approximately AUD 1.4 billion during 2013 that represented a decline of nearly AUD 200 million as compared to prior year (Investor.qantas.com 2017). Evaluation of financial performance of Qantas during 2015 Qantas declared an underlying PBT (profit before tax) of approximately AUD 367 million and a statutory PAT (profit after tax) of around AUD 206 million (Investor.qantas.com 2017). The company also experienced a decline of 4.8% in the related cost per unit and 2.1% increase in the companys revenue. As such, financial reports reveal that Qantas has made swift advancement and progress and simultaneously recovered well is a stable environment (Healy and Palepu 2012). For the first time ever since the occurrence of GFC (global financial crisis), the company Qantas International has acquired profit with EBIT of AUD 59 million approximated biannually, with a turnaround of nearly AUD321 million as compared to year ago period (Investor.qantas.com 2017). It can be hereby mentioned that the growth has been stable although Qantas has serious liquidity concerns, and the corporation has difficulties in acquirement of assets that can be easily transformed into cash. As rightly put forward by Palepu et al. (2013), liquidity issue in any business directs towards insolvency, however, the airlines is exclusively susceptible. The corporation is gradually getting into grooves after few lean seasons and it does not represent the financial position of the corporation. Again, the flying kangaroo necessarily could manage to deal with losses specifically when the debt of the corporation is carrying a scrap position. Recommendation It can be hereby suggested from the standpoint of investor that Qantas Airways is having huge potential compared to other airlines in the business with respect to efficiency, commercial stability as well as productivity. However, in the current scenario, investment in the firm Qantas can be considered to be very worthy and advantageous. The factors of profitability and financial stability are developing with passage of time and this can be regarded as a positive sign for financiers. The dividend was last disbursed by the firm during 2009. Detailed analysis of the overall financial position of the firm reflects that the corporation could again start disbursing dividends in the upcoming years. Qantas can be considered to be a risky corporation to invest in as share prices are increasing in straight line in the year 2015. Essentially, the company traded at nearly AUD 3.5 in 2015 from a small amount of AUD 1 in 2014. This is because shareholders are relying on the corporation again. Part icularly, the company also has the capability to improve and endeavour on their path to success. References: Armstrong, G., Kotler, P., Harker, M. and Brennan, R., 2015. Marketing: an introduction. Pearson Education. Bolton, L.E., Bhattacharjee, A. and Reed II, A., 2015, May. The perils of marketing weight-management remedies and the role of health literacy. American Marketing Association. Bragg, S.M., 2014.Financial Analysis: A Business Decision Guide. Accounting Tools. DeFusco, R.A., McLeavey, D.W., Anson, M.J., Pinto, J.E. and Runkle, D.E., 2015.Quantitative investment analysis. John Wiley Sons. Easton, P.D., McAnally, M.L., Sommers, G.A. and Zhang, X.J., 2015.Financial statement analysis valuation. Cambridge Business Publishers. Entwistle, G., 2015. Reflections on Teaching Financial Statement Analysis.Accounting Education,24(6), pp.555-558. 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