Dealing With Depression and Resilience at Workplace








Dealing With Depression and Resilience at Workplace

Student’s Name

University Affiliation









Article Review 1

Title: Understanding Individual Resilience In The Workplace: The International Collaboration Of Workforce Resilience Model

Author: Rees, S.C., Breen, J.L., Cusack, L. And Hegney, D.

Year: 2015


High levels of workplace stress is a major obstacle to performance and personal outcomes if they are not managed effectively. Most professionals work under stressful conditions and as such they are exposed to risk conditions which include depression, anxiety, burnout and secondary traumatic stress. On the other hand, some individuals are not affected by workplace stresses. This group is always referred to as the resilient group. Various studies have outlined some of the relationships which exist between resilience and some other specified negative outcomes such as compassion fatigue and burnout.

For a fact, psychological resilience assumes different dimensions and as such it is supposed to be separated from other overlapping constructs. Individual workforce resilience can be measured by factors of stability in traits such as coping styles (Rees et al. 2015). These allow information to be derived and eventually, they inform interventions which in essence enhance the individual resilience in the workplace.

This article focuses more on the individual resilience looking keenly at some of the interpersonal constructs which aim at boosting one’s resilience in the workplace. The article proposes a model whereby psychological resilience is assumed to act as a mediator between mindfulness, neuroticism, coping, psychological adjustment and self-efficacy.

Literature review

Occupational stress cuts across all workplaces in that it is a universal phenomenon. It is in most cases associated with serious devastating consequences such as negativities on the physical and mental health. Various negativities on the organizational outcomes are eventual and to a larger extent, they impair the wok performances as well as turnover. In often times, health professionals are the most affected lot in that they more vulnerable to experience occupational stress due to the high levels of stress associated with their work environments. The end result is always depression, burnout and anxiety among others. This as well translates to their patients in the essence of reduced work performance and ultimate negative patient outcomes (Rees et al. 2015)To understand some of the factors which are critical in impacting on the employee workplace stress is key in determining the following developments and initiatives which can enable reduce the associated negative outcomes.


This article proposes a model of individual workforce resilience. In essence, reviewing psychological resilience is an important aspect in determining the manner in which individuals respond to various stressors in the workplace.


Workplace stress is assumed to be having serious implications on the quality of an employee output in general. To date, researchers have not yet come up with a model to explain the manner in which workforce resilience is related to psychological resilience. Literally, coping as well as psychological adjustments are some of the factors which lead to an individual being more of resilient in all aspects thus improved outcomes in workplaces.

Article Review 2

Titles: Dealing With Anxiety and Depression in the Workplace.

Authors: Hayes, J.

Year: 2011.


Employers are faced with a greater challenge when the work environment has a reduced number of staff and at the same time the performance and productivity needs to be improved. Depression in often times a common mental illness which can involve thoughts, body, and moods of an individual. Appropriate mental health of an individual at work enables them cope with the various tasks as demanded by the nature of their work. This ensures a positive outcomes and productivity to an extent where the mental well-being dictates how the individual functions, does and interacts with his or her work (Hayes 2011). This article focuses more on how employees as well as employers can deal with depression and related issues. The article points out at some of the facts associated with depression, its symptoms in the workplace and organizational best practices in this context.

Literature review

Research studies reveal that depression starts off in mild forms as stress which is brought about by the demands of the job being higher than the abilities of an individual to cope with the same. Basically, the importance of the job outcome required ultimately determines the levels of stress one is likely to experience. If the stress levels are not dealt with and arrested at early stages, this culminates into low level anxiety. Anxieties are ranges of fear where the individual affected start showing negative signs such as loss of appetite, poor relations with others andreduced productivity among others. In general, mental health is concerned with the manner in which we think and feel about ourselves as well as how we can cope with significant life events we are faced with.

Some of the established facts about depression in the workplace include; depression in the workplace being manifested in the essence of behavioral and performance changes, success and positive outcomes in the workplace depends on the contributions of an employee and as such depression in the workplace is not something to be ignored (Hayes 2011). It is neither a passing mood where it can be attributed to personal weakness and brushed off in that manner.


This article proposes that the organization is a role player in countering work related depression. In essence, considerate organizations are supposed to assist their employees in meeting some of the pressures related to their work such as reduced staff, increased negativities in the economy as well as increased job demands. These assistances should come in handy before it is too late for the employee to recover. Some of the intervention approaches suggested in this context include employee development and training.

Human resources should as well provide some policies and procedures which will enable to the survival of employees in the essence of promoting their overall mental well-being. The best starting point is a review of the current systems and assessing some of the challenges various employees are faced with. In turn this provide common grounds for establishing the manner in which the policies and procedures will be modified for the benefit of the employees.


According to this article, employee training and education about depression is one step towards solving the problem. This approach should be included in the training plan of the organization where the starting point is some of the effective ways of pointing out and preventing stress and depression from encroaching into the workplace. Additionally, managers and supervisors should be trained to help with the identification of the depression symptoms as well as recognizing the most appropriate intervention plan.

Article Review 3

Title: The Impact of Resilience among Older Adults

Author: Macleod, S., Musich, S., Hawkins, K., Alsgaard, K., And Wicker, E.

Year: 2014


This article aims at pointing out the general idea about resilience and its importance in informing some of the intervention designs to help older adults in a number of ways. This literature review focuses more on the very elements of resilience. However, there exists not much information which can be able to design effective resilience intervention. Research indicates that old adults are able to cope with high levels of resilience in a manner despite their declining health conditions, personal experiences or socioeconomic backgrounds. In this context, some avenues which can provide information in this area exists (MacLeod et al. 2014). Additionally research studies have established some of the common mental, physical and social attributes of resilience. This article review focuses mainly on providing an overview of resilience which can be of help in designing resilience interventions for older adult populations.

Literature review

According to the America Psychology Association, resilience is basically the process through which people adapt when they are faced with threats, trauma, adversities and or other significant sources of stress. This definition in relation to table personality traits outlines that people are able build and show elements of resilience regardless of their social environments, personal experiences or socioeconomic backgrounds.

Typically, studies on resilience are always aimed at people especially children who are at high risks of as well as adolescents and war veterans. These groups are those who have had been for long exposed to trauma or any other chronic stressors. The essence is to find out the extent at which resilience can prevail and the coping skills required for an individual to survive depression among other things.


This article assumes an inclusion and exclusion criteria. Basically the review of resilience as a scientific literature is not really established. As such this overview attempts to summarize what is currently known on matters of resilience to enable us understand some of the aspects we can inform to construct potential interventions for older adults.


Through the literary search, and among the reviewed articles and research studies, most of the article provide information on the ground breaking works on resilience. Few interventions are focused on older adults with most the research studies indicating some of the importance of resilience in coping with stress in work places. Basically, most studies which tend to inform resilience interventions are focused on small populations and as such are not replicable on focusing the strategies on older adults.

Article Review 4

Title: Building Personal Resilience in the Workplace

Author; Mclachlan, C.

Year: 2017


This article focuses on the aspects of building personal resilience. In slide share form, the article presents some of the dimensions through which we can learn what resilience is and in a way come up with some of the way in which one can build on his or her personal resilience (McLachlan, 2014). The article provides an overview on how stress and lack of resilience tend to relate with each other. It is the relationship which exists herein that one gets to understand so as to build on personal resilience.

Literature review

The general idea proposed by many researchers in that resilience is the ability to bounce back when faced with trails and life obstacles. It is the ability to deal with perceive adverse situation which in essence could be the breaking points of an individual. It is important in that it can keep an individual going both physically and psychologically. Resilience enables us survive as well grow in various dimensions. Stress on the other hand is the adverse reactions where people get excess pressure due to the extra demands placed on them.


This article outlines some of the already established facts, pointing out some of the ways we can determine to what extent we are resilient. The approach assumed is use of in-depth questioning of the some of the factors to consider in gaining the necessary knowledge in terms the relationship between resilience and depression which results from workplace stresses.


The article establishes that coping is not resilience and some of the coping strategies which one can assume include being positive and physically active. Eating healthy, exercising, talk therapies among other interventions are established ways in which one can boost his or her own resilience. These interventions are linked to the strategies which are always prescribed for depression. The result therefore is that boosting resilience eliminates depression in many ways.

Article Review 5

Title: Building Workplace Resilience

Author: Fit For Work Team

Year: 2017


This article aims at encouraging coping skills, pushing forward the idea of “keep calm and carry on.” It is based on the encouragements British households were given concerning the post war deprivations. The message of resilience carries along varied meanings in that we are able to adapt some ways of coping with whatever situation we are faced with.

Literature review

Various definitions of resilience exist and according to this article, resilience means the abilities of an individual to adjust to various adversities, maintain their equilibrium and move forward positively. Instances where some people tend to cope better than others is what is referred to as being resilient. Resilience however is not a fixed entity nor a blessing but it can be taught individuals in the work place (Fit for work team, 2017). Literally, workplace is faced with varied challenges such as negative situations and only resilient individuals might prevail. In this context, there is need to manage the eventual depressions by building on employee resilience and thus achieving overall mental wellness.


This article combs through a series of literature thus making up the very points about what resilience really means. In one way or the other, resilience contributes to employee productivity and to a larger extent overall success of an organization. All these draw to the basic concept of ensuring mental wellness.


This article outlines that the ways in which employees can help themselves include being positive, building and maintain good relationships with friends and families, keeping to their own perspectives, practicing meditation and having some time out to recharge.



Rees, S.C., Breen, J.L., Cusack, L. and Hegney, D. (2015). Understanding individual resilience in the workplace: the international collaboration of workforce resilience model. Retrieved from;

Hayes, J. (2011). Dealing with anxiety and depression in the workplace. Retrieved from;$file/Dealing%20with%20Anxiety%20and%20Depression%20in%20the%20Workplace.pdf

MacLeod, S., Musich, S., Hawkins, K., Alsgaard, K., and Wicker, E. (2014). The impact of resilience among older adults. Retrieved from;

McLachlan, C. (2017). Building personal resilience in the workplace. Retrieved from;

Fit for work team (2017). Building workplace resilience. Retrieved from;

Development Frameworks and Techniques









Development Frameworks and Techniques




Development Frameworks and Techniques

Section A – Management Summary

Dynamic Systems Development Method (DSDM) Atern is one of the Agile Software Development methods available in the market today. It was started in the late 20th Century as a reaction to Rapid Application Development (RAD). In general, agile software development can be defined as a type of software development processes that involves several items working together including both organization of individual items as well as cross functional teams. One characteristic of this method is that it is strict on both schedule and budget. The technique has specific characteristics as shall be discussed below. This section of the essay seeks to produce a organization summary explaining whether DSDM Atern would be an suitable method to use within Night Watch (NW). It shall outline any benefits/drawbacks perceived and give instances from the Case Study to support the arguments.

There are several advantages of this agile methodology and their role in the preparation of the proposed system. First of all this method provides a regular view to the client which is vital in case there may be variations required to improve the system. It is a device that precisely, concisely and immediately tackles any challenges encountered within the implementation of any project (Livingston, 2014). It is ideal for a project that seeks more efficiency, effectiveness as well as control in a confident approach, making it aperfect choice for the project at hand. This is unlike what many systems out there offer, which includes extensive lip service and undertaking their mandate based on procurement led tick boxes. This is what leads to the jumbled Water Sprint method.

Another profound advantage that DSDM Atern method challenges head on is that it accept that any successful project may not visualize the scope as a predetermined outcome. This enables the project team to identify strategic goals that may lead the whole system to deliver the projected benefits of a system as early as possible (Livingston, 2014). In fact, through an incremental and iterative technique, this method is capable of producing real benefits through a seamless and controlled scope that ensures overriding drivers that fail to meet the business requirements are dropped. This is fundamental also with the schedule and constrained budget that the project described within the case study has.

Through recognition of the actual scope and all the project features of any project, DSDM Atern has the capability to equip any business with the most effective tools that would secure a quality assured outcome. This is more so possible via the utilization of the agreed level of resources deployed within a projected time frame (Livingston, 2014).  While traditional methods would insist on making several dominant features immovable, this approach may only be suited for a formal, structured and set functional output led projects. On the other hand, this may not be ideal in this foregoing case as the project is one whose center of interest is to attain a highly focused, producible and business outcome driven system.

Other advantages in general include the fact that it tackles ineffective communication by the establishment of a collaborative environment where seamless communication is key for the success of the project. Human interaction is emphasized throughout the project development period.As such, proper communication that does not involve rudeness is encouraged as is seen in the case study where Sally Miller, the head of the IT department condemns rudeness in communication among the various stakeholders and promotes proper language for team work to prosper. Late delivery is also taken care of by use of the timeboxing approach to drop items that may ruin the time budget and delay the schedule. Through interaction with the customers, the system is able to accurately meet the business need and build the right business on the ground. All the unused features of the project are dropped ensuring that the system doesn’t contain items that are a liability or those that are not required for the project. The above presents some of the advantages of this method which is deemed to be the best in the current day and age.

It is clear within the case study that there is need for a top quality product to be produced within a limited time frame. In fact, the prototype of the new project was agreed to be produced within a space of three months. This implies that the application of the DSDM Atern method was ideal as it emphasizes on quality and strict time frames. In addition, the success of the new project is dependent on collaboration of various stakeholders. Through the seamless interaction emphasized in this technique, it is clear that the various elements of the project are encouraged to work together by accomplishing their tasks as early as possible to ensure success in the project.

On the other hand, there are a few perceived disadvantages of the system. Themost profound is the fact that the system is very strict on the 8 principles that characterize it. This restrictive nature poses a challenge and difficulty in working with it as compared to most other agile software development methods available in the market (Livingston, 2014). However, it is clear that with the right team in place, this is the most accurate system one can use within the constraints of time and budget. It is ideal for one who intends to remain relevant in the competitive market space. As such, it is an ideal method to be implemented in the case study presented.


Section B – High level requirements analysis and MoSCoW prioritisation

This section presents the characteristics of the system, using it to prepare the list that contains requirements that are not crucial as well as those that are high level.

The first item is that it is made of 8 principals. It strictly adheres to timely delivery, it only centers its attention on the business requirements, it emphasizes on joint effort, it is strict on the quality of the output, its development is iterative and develops gradually from a solid ground, seamless communication is key and finally it demonstrates control. Based on the principles, it is evident that the choice of this software development method is in line with the requirements of the project presented in the case study. There are various teams that need to operate together which would require seamless collaboration for timely delivery and strict adherence to quality and the business need. This shall also enable the company to remain relevant in the market.

The second characteristic of this method is that it requires a clearly developed team with specific project roles and proper management of the team at both ends of the project management and software development. This is evident in the case study as there are several roles presented, both at the management level as well as the software development level. The various professionals hired have been grilled through their professional roles and standards meaning that they are capable of adhering to the BCS Code of Conduct. The main areas covered by this code is that professionals must have public interest, have a duty to relevant authority, duty to profession and finally professional competence and integrity. One of the main items in professionalism is the data protection principles that the software development team should have to ensure proper storage of data and protection of company and client information.

The third characteristic of this software development method is that it clearly outlines the project lifecycle to enable the project to be as successful as possible. The discussion contained in the case study stipulates the feasibility stage of the project, also known as the pre-project. The next phase is the deployment where the project explores all the experts needed and assigning them specific roles and establishing a collaborative platform that would meet the 8 principles of this method. The case study demonstrates that it is at the onset of this stage. The final phase of the project is the post-project or the engineering phase. This involves the actual development and maintenance of the software as monitoring is done to ensure it works according to plan and further developments are done to improve it. This is the only way that the project can remain relevant to the market.

Some of the requirements that are not appropriate high level requirements include;

  • Customers must be able to search and browse different 3D designs, whether they are logged in or not
  • A way for people to return items they are unhappy with
  • We need to ensure that a bookkeeping service is built into the new system, as this will make my job easier. I’m not sure why this is never done – it seems like a no-brainer, as in the end this is all about money.
  • Could we have a reporting system that will provide graphs and figures on sales and market penetration? Could this system also then do forecasting?

The above requirements are not extremely essential at the current stage of the project. First of all, it may be more important to developa system before knowing whether it can be accessed even when the customers are not logged in. Also, at the current stage of the project, customer feedback is more important than determining how people can return items that they are not satisfied with. This is a development that can be implemented at a later stage of the project. In fact, since the agenda of the project is for customers to manage to get customized items, it is highly unlikely that major returns shall happen. While book keeping is important for the system, the manner in which this item is presented is inappropriate and at the prototyping stage, checking the functionality of the system is more important than the book keeping. In addition, performance assessment of the system can be done at a later stage of the project.

Below is a list of the perceived high level requirements of the project.

  • Our existing customers must be able to log in
  • The site must load quickly
  • A way to select a design and specify wrist size
  • A way to pay for an item
  • People may want to ask us questions about the process and items
  • The site must be safe and secure
  • It will be extremely difficult for customers to request custom designs. The problem is that, unless they upload actual 3D designs of the printable product, we would need to create 3D models ourselves. How are they going to communicate to us what exactly they want? Even if they upload their own 3D designs, they may have the dimensions wrong and it won’t work. I’m very concerned about pursuing this, as I cannot see it working. The man hours needed to do custom work may not warrant the price we can charge for it. We need to investigate this as part of the project.
  • You need to appoint a 3D designer as soon as possible.

Since this is a system based on e-commerce and creation of a website, it is imperative that all potential and existing customers are able to register and log in. The site should be seamless and contain basic items of an e-commerce website such as how to pay for an item, selection of specific item one would want to purchase as well as paying for the item. In addition, a customer should be able to provide their feedback in order to maintain quality standards in service delivery. It is fundamental to note that the intended purpose of the development project warrants the client to adhere to the customer requirements by allowing them to request for custom designs. A 3D designer should be appointed as soon as possible to manage the requirements of the 3D designing of object for customer consumption. It is also fundamental, as characterized by the model to ensure the application of data protection principles for confidentiality purposes.



Updated ‘High Level Requirements List’

  • Our existing and potential customers must be able to log in, register, navigate through the site, check out easily and provide feedback whenever they want in a simple and easy to use and seamless e-commerce website.
  • Need to appoint a 3D designer as soon as possible.
  • Proper guidelines for customers to request custom designs in a manner that will ensure minimal item returns.
  • The site must be safe and secure and confidential



It is clear that some of the items have been proposed by more than one professionals hence justifying why they appear in the updated list of requirements. In addition, there are items which have been phrased differently and hence can be grouped into one as I have prioritized above.

A fundamental item describing the DSDM method is the preparation of a prioritized list of requirements. This began in the case study by identifying all the requirements for project to succeed, grouping them into various categories, then finally identifying the experts to undertake the various roles under a strict budget of time and money. Estimations are a requirement so as to project the time and money required for the implementation, and if the project is feasible. Also, control documents are prerequisite to determine the detailed specification and the list of requirements to initiate the process with.

Another item characterizing this method is the MoSCoW Prioritisation of all entities proposed for the poroject. This can be broken down as follows;

M – MUST have this time

S – SHOULD have this if at all possible

C – COULD have this if it does not affect anything else

W – WON’T have this time but WOULD like in the future

This introduces the aspect of the precise timing that each item is mandatory to be implemented that is in line with the tight budget and schedule.

Finally, there is the item of timeboxing that shows various groupings of anticipated timelines for the implementation of various items that will ensure success in the project. This can be illustrated as follows;

For instance, one may select an objective for a 9-day timebox. The expert is required to load the 9-day timebox with a 9-day assignment and proceed to implement the 9-days assignment. In case one notices that there is failure in meeting the timelines, one can drop an item that is causing the lag so as to remain within schedule. This item is mandatory as the managing director of the team has a limited time schedule of 3 months to produce a prototype of the system before the actual project begins.

The above prioritization techniques were applied in the preparation of the required final high level list of requirements for the preparation of the project.



Section C – Legal, Social, Ethical and Professional issues

This section seeks to address the need for NW to start considering Legal, Social, Ethical and Professional Issues (LSEPI) in relation to its day-to-day operations. They also need to appoint a Data Controller. It shall produce a management summary explaining the role of the Data Controller within the organization and any legal, social, ethical and professional issues that NW may be faced with. In addition, it shall provide two practical examples from the case study that relate to each aspect of LSEPI. Furthermore, the section will produce a management summary outlining the purpose of the BCS Code of Conduct. As a part of this, it will provide a practical example for each of the four BCS Code of Conduct sections to illustrate a professional issue that a System developer contracted to NW may need to consider.

Roles of a Data Controller

The role of a data controller is guided by the data protection principles in safeguarding the confidentiality of the information that goes through the website. There are 8 major principles outlined that are within the scope of the data controller’s mandate. It is imperative that data is processed in a fair and lawful manner. The data shall be used for its intended specific and lawful purpose and cannot be used for any other intentions. The data shall be adequate and relevant so as to produce tangible and accurate results. It shall also be updated on a regular basis. The data shall only be withheld within the period of its intended purpose and discarded once it is no longer required. All data shall be processed according to data subjects concordant with the Act. The data handlers should strive to ensure that all appropriate technical and management measures are undertaken to allow proper handling of data and prevent unlawful access, loss, destruction or even damage of personal data. Finally, international standards require that no data should be transferred across nations without an appropriate level of rights protection of the data subjects. These are the principles that inform the role of the data controller in the project.

Potential Legal, Social, Ethical and Professional Issues in NW.

One of the most notable legal issues in online e-commerce website is identity theft. This is related to the legislation on privacy and is a potential problem in this case study. This can be used even from within the organization as it is a major problem where personal information can be used by interested parties in performing heinous acts contrary to the intended purpose. This is possible if the data handler may not be professional or vigilante enough to ensure information security. Another issue is related to the export and espionage laws where trade secrets need to be well managed to stem information theft. This is a potential issue based on the amount of information outlaid to the experts and if there is any part of the team that may have malicious intent to use information against the company.

Some of the potential ethical issues that may affect the system include the lack of adherence to the commandments of computer ethics as provided by the Computer Ethics Institute. Some of the items that is encountered in various application websites includes the software license infringement, illicit use of software and the misuse of corporate resources. It is possible that the professionals hired can use the system for illicit intentions probably for personal gain. It is also possible for the professionals hired in the case study to misuse the corporate resources provided to them by the organization. Through the application of trust and thorough recruitment of the project team, the company is capable of managing this hurdle and secure a very professional team. These items listed as well as the practical examples provided also double up as professional issues that may be encountered by the company.

A few social issues that may be encountered in the development of the system include inappropriate feedback from the customers or use of inappropriate language within the project team or as feedback from potential clients. This is already evident in the manner in which the accountant hired was able to project the requirements that were set out for every professional. The above needs an established BCS Code of Conduct to handle any potential issues arising.

From the case study, there are various issues that cut across the legal, social, ethical and professional framework as discussed above. One of the most notable is the issue regarding the part time accountant. The accountant is portrayed to use uncouth language in her input on the list of high level requirements proposed at the pre-project stage. She applied the use of unethical language which also portrays her as very unprofessional. The same language could implicate her to disciplinary action and the same would spoil the cordial relationship hence may lead to poor interaction with the other team members.

Secondly, the same accountant appears to be performing tasks that are not within her docket. For one, she starts saying that the website should be easy to use, which is a no-brainer to her. This means that she undermines the potential of those within the docket. The same is also very unprofessional, unethical and may bring about social problems.

BCS Code of Conduct

This code of conduct outlines all the professional requirements to be met by the BCS body as a condition for membership. All these standards can come in handy when dealing with all the potential threats to the success of the proposed system. It is an all-inclusive code that touches upon members of all grades including affiliates, student members in addition to non-members that are available to offer expertise in the field of BCS Professional Advise Register. It is a strict code that governs individual conduct of each member of the BCS. All members are charged with the mandate of notifying the Society of any noteworthy desecration by another member. Appropriate disciplinary procedures are undertaken by the Society once information reaches them of any violation. The four main areas that the code entails include the

  • interest of the public,
  • mandate to relevant authority,
  • mandate to professionalism and
  • professional competence and integrity.

One issue covered that a software developer hired for the assignment should consider is the confidentiality agreement with the client whereby the developer should not use the system for any other purpose other than that which it is intended by the client. This implies that they may not replicate the system elsewhere for personal gain.




Livingston, H. (2014). DSDM 64 Success Secrets – 64 Most Asked Questions On DSDM – What You Need To Know. [S.l.]: Emereo Publishing.

Marketing Plan: Joey’s Seafood Restaurant











Marketing Plan: Joey’s Seafood Restaurant


Institutional Affiliation











Table of Contents

  1. Executive Summary. 3
  2. Situational Analysis. 3

2.1 Market Summary. 3

2.1. 1 Market Demographics. 4

2.1.2. Market Trends. 4

2.1.3. Market Growth. 5

2.2. SWOT Analysis. 5

2.2.1 Strengths. 5

2.2.2 Weaknesses. 7

2.2.3 Opportunities. 7

2.2.4 Threats. 8

2.3. Competitor Analysis. 8

  1. Target Market Selection. 9
  2. Positioning. 11

4.1 Desired Image. 11

4.2 Positioning Statement 13

4.3 Perceptual Map. 13

  1. Consumer Behavior. 14

5.1 Level of Customer Involvement 14

5.2 Three main Consumer influences. 14

  1. Marketing Mix. 15

6.1 Product 16

6.2 Price. 16

6.3 Place. 16

6.4 Promotion. 17

6.5 People. 17

6.6. Processes. 18

6.7 Planet 18

References. 19


Marketing Plan: Joey’s Seafood Restaurant

1.      Executive Summary

Joey’s seafood restaurants is a Canadian based eatery chain with operations within Canada and franchise stores in North America. It offers a wide menu of seafood favorites that include among others Crab, Mussels, Salmon, Sandwiches, Share, Fish, Chips, Tacos, Shrimp, Calamari and Ocean. The chain intends to launch a new restaurant in Whitby, Ontario and hence the need for a marketing plan to screen the business environment and help the new restaurant come up with effective strategies towards attaining set objectives. The market plan is divided into five different segments including a situational analysis that undertakes a critical analysis of the target market. It also undertakes a SWOT analysis and competitor analysis. Secondly, there is the target market selection, which focuses in the critical examination of the specific population that will be targeted by the new restaurant. Thirdly, there is the positioning section that aims at determining how the new restaurant will be differentiated from the other competitors. Fourthly, the company covers the consumer behavior analysis to determine their level of engagement and also assess their different influencers. Finally, there is the marketing mix, which combines different tools that will be used by the new restaurant in the pursuit of its objectives.

2. Situational Analysis

2.1 Market Summary

As a seaside town in the Durham Region, Whitby is one of the tourist attraction centers with visitors coming from within and outside Ontario (Shurtleff & Aoyagi, 2010). Based on the recent studies, there has been an increase in the number of people visiting Whitby town in search of seafood, fun-making, and in the pursuit of other sea entertaining experiences. This has eventually acted in favor of Whitby town, which is famous for its different luxurious beach restaurants offering sumptuous seafood mainly fish and other fast foods such as chips.

2.1. 1 Market Demographics

Whitby, like other towns in the Durham Region, is characterized by rapidly growing population. This has been attributed to the fact that Whitby is a seaside town and hence a tourist attraction center as people flock to experience the off-shore life and the diverse menu of seafood offered by the many luxurious beach hotels located in the region (Shurtleff & Aoyagi, 2010). To appeal to the diverse needs of all of its residents, the town has well developed and designated facilities, programs, and activity centers. The town is also well known for its friendliness and a raft of events, which promote community involvement and is committed to feeling every person, regardless of background feel appreciated as an integral part of the community. It is this view that the market constitutes of people coming from diverse backgrounds; culturally, economically, socially, religionally, racially, and in which case this cuts across all the age groups.

2.1.2. Market Trends

The fish industry in Whitby is considered as one of the oldest in the town and in which case it is still thriving to this modern day. Many centuries down the line, the fishing industry remains as one of the major sources of income for Whitby (Rotherham, 2014). Although, some of the supermarkets, source their seafood from abroad, recent findings have established that a large number of manufacturers, including the local ones, continue to rely on the daily supply of seafood caught at Whitby. This is especially with reference to the Jumbo scampi, which is a favorite to the locals and visitors. This is a clear indication that the culinary market has continuously been growing in this coastal town.

2.1.3. Market Growth

The modern lifestyle is characterized by an ever evolving world, whereby different people and target customers are looking forward to achieving the best they can in life. Additionally, many economies are progressively achieving major economic growth and development, eventually implying that people are continuously moving towards better living standards and shining financially. They are thus pursuing entertainment as one of the strategies to achieving a fulfilling life. One of the ways that modern customers are using, to appeal to their lives, is nature exploration through tourism and this does not leave out those in Ontario County, including in Whitby characterized by rich customer experience (Rotherham, 2014). With cozy cottages and classy hotels, the tourism industry which directly influences the culinary market, is projected to continuously grow in the coming years. It is in this view that Joey’s restaurants aims at opening another classy restaurant in Whitby to add on its already food outlet eateries in among other locations Cornwall, Brantford, Thunder Bay, and Leamington.

2.2. SWOT Analysis

To have a better understanding of the external and internal factors that will influence Joey’s Restaurant’s operations, it will be vital to undertake a SWOT analysis (Sarsby, 2016). This will involve the analysis of the strengths and opportunities that the restaurant will leverage on as well as the weaknesses and threats that Joey’s seafood Restaurant new opening will have to address.

2.2.1 Strengths

From the outset, Joey’s seafood restaurant is the largest food eatery in Canada after launching its initial operation in 1985 in Calgary (“Joey’s – Home of Canada’s favourite Fish & Chips!, 2017). This means that the restaurants accounts for the largest market share of the Canadian culinary industry. Additionally, this chain of restaurants has an already established strong brand name and especially in Canada considering that it was started in Calgary. Besides its well-known restaurants, within Canada, the chain of restaurants has more than 100 franchise locations in North America implying that it has its presence in relatively large geographical locations (“Joey’s – Home of Canada’s favourite Fish & Chips!, 2017). Its strong financial strengths, which have been growing over the years, provide a good opportunity from where to source the required capital in launching the projected new restaurant outlet in Whitby. Nevertheless, the restaurant leverages on the diverse Canadian population. Different people have diverse culinary needs and the ability of Joey’s seafood restaurants to provide a wide menu gives it an opportunity to meet these diverse needs of its large customer base. Besides fish and other seafood, the chain offers among other foods chips, sandwiches, soups & greens, dessert, and share (“Joey’s – Home of Canada’s favourite Fish & Chips!, 2017). Moreover, Joey’s seafood restaurants enjoy a serene business environment attributed to the continued political stability in Canada, which is also a basis for the continued economic growth and development in the country. The continued economic and political stability in Canada has averted issues of inflation and economic downturns, which would eventually affect the customer buying powers in the Durham Region (Macdonald, 2007). Furthermore, the restaurant is favored by the Canadian regulatory system, which focuses at protecting and promoting the local businesses. Finally, its continued commitment on the corporate social responsibility (CSR) towards proper waste disposal systems, fighting against the carbon emissions, and community engagement among other strategies works in its favor.

2.2.2 Weaknesses

Joey’s requires a limited size of labor size as it considers this the best approach to streamlining its operations and hence efficiency (“Joey’s – Home of Canada’s favourite Fish & Chips!, 2017). Unfortunately, this may work against the restaurant considering the ever increasing number of potential customers. Some of the local supermarkets have been sourcing their food from abroad, eventually limiting the business opportunity for Joey’s. The issue of culture and social diversity is also a concern despite the restaurant offering a wide range menu. Although the chain is well established in other regions in Canada, picking-up and taking over from other market players in Whitby may be challenging and hence take time before it can start making major sales.

2.2.3 Opportunities

Whitby has been cited as one of the regions providing suitable environments for running culinary business due to appropriate and favorable sourcing policies, marketing and promotional activity, innovativeness and diversification, staff training and development practices, as well as outstanding restaurant facilities and appearances among other promotional factors. This presents a great opportunity for the projected move in launching a new restaurant outlet in the town. Another important factor is the fact that technology is continuously bringing about new opportunities with regard to marketing and customer reach. Although Joey’s seafood restaurants are well known for their services, it is critical to embrace the concept of optimizing the modern promotional methods in trying to reach as many potential customers as possible and the social media presents this opportunity (“Joey’s – Home of Canada’s favourite Fish & Chips!, 2017). Finally, the chain has already leveraged on the franchise approach in North America and this has proven profitable. It is in this regard, that the restaurant may consider entering into strategic partnerships with already existing eateries in the town. Alternatively, it can consider districting its products through the franchise model based on the market base it will be serving in Whitby town.

2.2.4 Threats

There is possible stiff competition from other players considering that Whitby is populated with major luxurious and cosy restaurants. In any case, there is no business or industry that is free from rivalry and hence Joey’s new restaurant must brace itself up for the potential competition. Global economic instabilities may affect the Canadian economy and this will eventually influence the culinary industry in Whitby. The issue of changing food prices in the region has the potential of greatly affecting the new restaurant.

2.3. Competitor Analysis

Like in many other industries, the culinary industry, which Joey’s operates, is characterized by stiff competition. This is especially considering that food is a basis necessity and the food industry is highly influenced by the tourism industry, which ranks among the leading sectors in the world. With reference to Joey’s the major direct competitors include among others; Halitbut Time Fish and Chip, Red Lobster, Hooksey’s Fish & Chips, Halibut King, Jasper Fish & Chips, & The Lake Grill. On the other hand, the indirect competitors to Joey’s include the food trucks, supermarkets, food stores, accommodation lounges, and fast food joints. These will include Haleda’s Meats Whitby, Metro supermarket, Foodland Supermarket, and Today’s natural solutions Grocery Store.

The direct competitors, enumerated above, specialize in seafood, fish and chips and based on the customer reviews; they rank in between 4 and 5 star ratings, which is an indication of the inimitable services offered by them. The restaurants have outstanding and cosy fixtures. A large number of these competitor hotels also have spa services, concierge services, 24-hour room service, modern guestrooms, courier services, valet car parking, high speed WiFi services, and others hold currency exchange systems. They offer these services at fairly relatively low prices eventually being attractive centers to the local and international visitors coming to Whitby. This shows that these restaurants are offering accommodation services as opposed to Joey’s. Eventually, this means that the restaurants are able to meet the diverse needs of the target customers in Whitby.

On the other hand, the indirect competitors are able to provide food services to the target customers. The fast food outlets are strategic in the sense that some of the target customers offer a broad range of culinary services besides chips. The supermarkets and the food stores have a broad range of foods that the customers can choose from as compared to the limited menu offered by Joey’s seafood restaurants. Unfortunately, the supermarkets, food stores, and fast food outlets are not offering accommodation services to the large pool of customers visiting the town. Also, the accommodation lounges are unable to provide a wide range of culinary services, which appeals to the wide customer base.

3. Target Market Selection

In order to arrive at the best target market, there will be the utilization of the Segmentation, Targeting, and Positioning (STP) approach. The restaurant will aim at reaching both the primary and the secondary target customers. The primary target market will constitute of the Whitby locals as well as those visiting the town. These will mainly consume the foods from the restaurant while others may consider the take-away option. These will extend to the food stores, supermarkets, and other private entities buying foodstuffs from Joey’s for resale purposes. On the other hand, the secondary buyers will constitute of those clients buying foodstuffs from the above enumerated categories of primary customers. Geographically, it is important noting that Whitby is an expansive seaside town with a land area size of 146.5 square kilometers and a population size of 130,341 people as per the 2014 census. It follows that the new restaurant will be targeting this population spread across this geographical areas constituting of those in the central town and those residing in the suburbs. However, an important point to note is that, the visiting population to the town will also be a target population, eventually increasing the geographical coverage.

Additionally, the demographic segmentation will require the subdivision of the population on the basis of age, income, education levels, social background, gender, and life cycle characterization, occupation, family size, as well as marital status among others. For the purpose of this Whitby based Joey’s restaurant, the target customers will constitute of all the age groups. This is because the products offered are edible to all family members. However, due to the increasing wellness campaigns on health, the chips will mainly be targeted for the X-generation and Millennial who are majorly fond of the junky foods. Almost all cultures support seafood, implying that the target market will comprise of all people coming from diverse social and cultural backgrounds but different flavors will be added to suit the diverse needs. The learned population is largely working in the corporate sector. However, there is also a large number of both educated and the reverse who are operating own businesses. It is in this regard that education will not be a key determinant in the market segmentation process. Whitby’s residents as well as the tourists are both married and unmarried population, implying that the target market will constitute of people from both marital status.

Behaviorally, the target market will be defined by the benefits sought, user status, usage rate, consumer attitude, and brand rate royalty. With reference to the Joey’s target market, it is critical noting that it has an already established brand name in the production of seafood. Additionally, the residents of and the visitors to Whitby are accustomed to belief that most of the foods offered by restaurants on the sea shore are seafood, fish, and chips. Although the locals may be used to these types of foods, the visitors may be looking forward to pursuing some levels of life fulfillment. It is in this view that all will be targeted but different flavors will be offered in order to meet the different needs based on what they are seeking for. For instance, it is conceivable that the locals may only be seeking to “fill up” up their stomachs unlike the tourists who may be looking forward to trying out different flavors and types of seafood offered at the restaurants. Creating a wide food portfolio for the seafood will thus be a key consideration for the newly established restaurant.

Finally, the psychographic segmentation will be an extension of the behavioral subdivision whereby the target population will be defined on the bases of the target customers’ lifestyles, values, and personalities. The modern target customer is drastically changing, whereby people are continuously seeking to have fun at their disposal. It is in this view that people from all walks of life will be targeted by the expansive portfolio of the foodstuffs being offered by the restaurant.

4. Positioning

4.1 Desired Image

Currently, Joey’s is largest restaurant in Canada and is considered as one of the best restaurants amid other major competitors (“Joey’s – Home of Canada’s favourite Fish & Chips!,2017). From its mission statement, the chain is devoted and committed towards the provision of quality and affordable seafood in a fast and friendly service. To this end, the restaurant is regarded as one of the best in the continued provision of luxury food choices (Rotherham, 2014). However, despite its ever growing and shining name, it is important to focus on differentiating it from the competitors and especially with reference to the new target market in Whitby in the larger Durham Region. In this view, the new restaurant will borrow from the chain’s primary business model but also focus on including in its portfolio products that specifically meet the needs of the target population in Whitby. The ideas on brand improvement will primarily be borrowed from other restaurant branches operated by Joey’s and especially those located in the Seashores. These include; the North Bay branch located on the shores of Lake Nipssing and Cornwall restaurant situation on the banks of Lawrence River among others. From the outset, there will be a market research across different regions where Joey’s operates as well as in the Whitby town, where it intends to launch a new restaurant. This will primarily focus on collecting informative data on consumers’ perception regarding Joey’s brand image. Relevant improvements will be made based on the research findings in order to ensure that the restaurant products’ offerings meet the needs of its target customers. The social media will increasingly be used and especially in sharing high definition images of Joey’s products via the Instagram platform as well quality videos via the You-tube channel. Adopting unique brand positioning approaches will help the chain differentiate itself from the rest of the competitors, eventually giving it a unique selling point.

4.2 Positioning Statement

Joey’s want to provide quality sea food products that meet customer value for money to local the local people and those and visiting Whitby in Ontario region so as to meet the rising demand in the culinary industry and create a lasting appeal in the hearts of the target customers.

4.3 Perceptual Map


5. Consumer Behavior

5.1 Level of Customer Involvement

Customer motivation is very critical for any business and the nature of customer service offered is one of the key determinants to the success or failure of the particular business or organization (Szmigin&Piacentini, 2014). In different instances, customers will be involved in the decision-making process. However, their level of involvement is largely dependent on the nature of the product and the amount of money involved. The level of involvement can be categorized into high, medium, or low level. For instance, the more money a particular customer is going to spend on a product or service, the more he or she will be involved in the decision-making process. The reverse is also true. Also, the more regular a customer uses a product or service, the less the intensity of research he or she is going to do. In this case, Joey’s is dealing with the selling of foodstuffs, primarily seafood. The locals are used to these meals and the visitors would not consider the prices as very high to deserve much research before making the final decision on purchase and hence the level of involvement will be low. Additionally, the restaurant will be offering high quality foodstuffs, which are attractive at sight as well as delicious and sumptuous upon tasting. This coupled with its already established brand image, increased referral rates, and continued intensive marketing strategies will attract many customers at face value.

5.2 Three main Consumer influences

There are several influencers to a customer before he or she can purchase a particular product or service. These may include among others; purchasing power, personal preferences, economic conditions, group influences, and marketing campaigns. However, for the purpose of this marketing plan, only three will be considered with reference to the projected new restaurant to be launched in Whitby, Ontario. Firstly, there will be a focus on the personal preferences whereby the consumer buying behaviors among the locals and the visitors will be influenced by different priorities, values, morals as well as likes and dislikes. The culinary industry is considered dynamic implying that styles and funs will play a critical role in determining what they will consume. It is in this regard that regular research will be undertaken in order to understand changing consumer preferences among the residents of Whitby as well as those frequenting the town for fan making and other tourism activities. Secondly, there is the group influence (Szmigin&Piacentini, 2014). As earlier stated, Whitby is a sea-side town characterized by off shore lifestyles, whereby a large number of the residents rely on the seafood. In addition, those visiting the town are mainly seeking seaside life experience and seafood will be one of the products they will be looking forward to have while there. In other words, residents and visitors will automatically adopt the regular lifestyle, through influence and this will serve to advantage Joey’s seafood’s new restaurant. Finally, there is the purchasing power (Szmigin&Piacentini, 2014). In most cases, people visit the beach sites in order to have fun, including a change in their diets. A large number of them visit these places for holiday purposes implying that they are in good financial status. This means that they will have high purchasing powers and hence the new restaurant will leverage on this opportunity.

6. Marketing Mix

In order to achieve its marketing objectives, Joey’s will be required to optimize on the following 7 components of marketing mix.

6.1 Product

Joey’s seafood offers a relatively large product portfolio covered by its expansive menu. These include among other foods, Sandwiches, Share, Fish, Chips, Tacos, Shrimp, Crab, Calamari and Ocean (“Joey’s – Home of Canada’s favourite Fish & Chips!, 2017). The company has been receiving both positive and negative customer reviews but one thing stands out, it has been offering luxurious and mid-priced products. The restaurant has different outlet restaurant branches spread across Canada as well as franchise businesses in North America. However, due to the rising demand for the seafood, it is appropriate for the company to launch another outlet restaurant and slightly expand its product portfolio in order to meet the diverse needs of its target customers. Progressively, it will also be vital for the chain to consider including beverages and bottled water considering the hot climates around the shores.

6.2 Price

In order to have a unique positioning, Joey’s has been focusing in the provision of quality foodstuffs at relatively fair prices that meets customer value. It offers different prices for the diverse products that it offers in order to ensure that all income segments are covered. Currently, the chain primarily approves cash payments but the changing nature of the consumer trends will require it to expand its payment options into accepting card payments. Additionally, there is a need to include the discount packages, for instance on quantity discounts, in order to encourage more people to purchase the foodstuffs in bulk.

6.3 Place

Conventionally, Joey’s has been relying on the Mortar & Brick business model as its product distribution strategy. It is in this view that the restaurant has different restaurant outlets spread across Canada as well as more than 100 franchise stores across North America (“Joey’s – Home of Canada’s favourite Fish & Chips!, 2017). Although the chain intends to open a physical restaurant in Whitby, it will be critical for it to consider increasingly investing in online stores. It can consider expanding its franchise system in Ontario province, initially, whereby customers can check product portfolio online and later visit the physical stores to obtain the products. Eventually, this will streamline and improve its distribution network.

6.4 Promotion

Presently, Joey’s runs several promotional programs in order to boost its products. For instance, it has the Mariner’s Club, Jomo Mobile Rewards, and organizes different contests in order to increasingly engage its target customers (“Joey’s – Home of Canada’s favourite Fish & Chips!, 2017). Its regular offers is also one of the key strategies that the restaurant uses to reward its loyal customers. In order to improve on its promotions and marketing, it will be vital for it to continuously invest in the online marketing strategies including increased investment on its website and ghost websites as well as the different social media platforms such as Facebook, Twitter, Instagram, You-Tube and Instagram, in which case most of them provide free advertising platforms. It There is also a need to focus on trade fairs, which provide the restaurant an opportunity to have one-on-one meet ups and interactions with the target customers.

6.5 People

Traditionally, Joey’s has been hiring a relatively small number of employees as it believes they provide the best opportunity in streamlining operations. Considering the nature of its status and competition, the new restaurant may require investing more on its human resource. The ratio employee-customers need to be reviewed. Additionally, there is a need to review its salaries, training and development, and other employee benefits in order to increase their morale and motivations for increased productivity.

6.6. Processes

New technologies have brought about novel innovations, including in the culinary industry. It is in this view that Joey’s should channel its focus to invest in the modern technologies in its cooking, serving, and packaging. Computerization of its new opening will help streamline a chunk of its operations. Moreover, the restaurant will focus on undertaking continued research and development (R&D) in order to have a clear understanding of the changing trends.

6.7 Planet

In the contemporary society, customers are willing to purchase products from and use the services of those companies that embrace the concept of corporate social responsibility (CSR). Although Joey’s has been committed to environmental conservation through appropriate waste disposal programs, the new restaurant will continuously focus on environmental conservation while ensuring to remain profitable for continued sustainability. This is especially considering the rising concern of global warming, which has become a major issue in the modern society.











Joey’s – Home of Canada’s favourite Fish & Chips!.(2017). Retrieved 12 December 2017, from

Rotherham, I. D. (2014). Yorkshire’s Dinosaur Coast. London: Amberley Publishing Limited.

Sarsby, A. (2016). SWOT analysis. Leadership Library.

Shurtleff, W., & Aoyagi, A. (2010).History of soybeans and soyfoods in Canada (1831-2010): Extensively annotated bibliography and sourcebook. Lafayette, CA: Soyinfo Center.

Szmigin, I., &Piacentini, M. (2014).Consumer behaviour.Oxford : Oxford University Press.


Duty to Deal in Intellectual Property











Duty to Deal in Intellectual Property

Student’s Name

Institution Affiliation











Duty to Deal in Intellectual Property

The Antitrust law provides a framework for analyzing the duty to deal in the intellectual property right, which states that any legally formed firm has no duty to deal or aid its competitors in the trade. Furthermore, the United States judicial system establishes the fundamental principles which apply universally to intellectual property and antitrust law. Accordingly,the prevailingantitrust law protects businesses against illegal competition and unfriendly commercial practices. Conversely, the intellectual property law rewards the innovative aspect of production, and creates the incentives on the products. The judicial analysis indicates that the intellectual property rights and competitive policies are complementary to each other. Currently, legal experts have sponsored a debate on section 2 of the Sherman Act which outlines conditions and terms for refusal to deal with rivals. Observably,under the section 2, the monopolist has opportunity and power over the resources that the rival prefers to use during the manufacturing process.

Cases of Duty to Deal in Intellectual Property

In Kodak 125 f3d 1195, and XeroxCorp (2003 case), 203 f3d 1322, the panelists contemplated on imposing the antitrust liability to the Kodak company for unilateral refusal to sell the license patent to the third party.[1]  The plaintiff to the case was an independent service organization (ISO) which claimed that the original equipment manufacturer (OEM), Kodak, intentionally refused to sell the patented right and copyright software to the third party. The plaintiff argued that the company violated section 2 of the Sherman Act which requires the firm to sell licensed and patented right to the ISO.  The defendant violated the section 2 because it was a monopoly in a large section of the market. Notably, the company refused to supply parts of its products to the ISO, thus, expanding their monopolies to the internal operations and services of their equipment.  The Court held that reluctance to sell was a legitimate business justification but the ruling can be rebutted based on the evidence of pretext.[2]  The Federal Circuit found that the plaintiff produced sufficient of pretext that the defendant intentionally refused to sell unpatented and patented parts of its items.

Panelists Views

The defendant company, Eastman Kodak, was dealing in the manufacturing and sales of the micrographic and the photocopier production equipment. The Plaintiff was a competitor of the Kodak that offered the repair and maintenance services to the consumers’ machines. Since the repairs required the essential parts that were only available at the producer’s enterprise. The client requested to buy the spare parts. In the past years, Kodak sold the replacement equipments to ISOs until the market gained intense competition.[3] As a result, the company changed its rules and policies and secured general agreement with the third party that they would not sell their products to the ISOs deal with other companies. The Court provided a ten year injunction which required Kodak to sell its products in totality to the ISO at reasonable prices.

The Panelists uniformly identified the problems in the Kodak’s subjective intent standard.  A panelist argued that the company exercised the fundamental flawed process which violated their duty to deal under the intellectual property rights. Furthermore, he stated that Kodak had interest on their desire to protect the research and development and avoid the requirements for refusal to deal. The second panelist argued that the intention of the Kodak to specifically focus on subjective motivation was out of the step.[4] The modern analysis on the antitrust law provides the basis for subjective economic aspect on the conduct of all the parties. Lastly, a panelist observed that the practical problems were within the intent-based-test. To elaborate, the Ninth Circuit did not provide the clear distinction between legitimate and pre-textual assertion of patent rights. Therefore, the companies could not determine the specific activities which are lawful.

Lorain Journal Co. v. United States

The case Lorain Journal Co. v. United States, 342 U.S. 143 (1951) is usually cited in some legal practices that explain the violation of monopoly power in the market[5]. The case emphasizes the violation of the monopolization based on the unilateral denial of access to essential parts of items under the control of a monopolist. After the establishment of the competing radio station at Ohio, Lorain Journal felt that their monopoly power wasunder a threat. As a result, the Journal Lorain introduced the policy of the denial in which they refused to carryout business activities with the company which advertised their items over the radio station. The Journal Publisher had an intention of eliminating the competition from the market and continues with the usual dominance in the long run.[6] The Supreme Court held that the company violated section 2 of the Sherman Antitrust Act by attempting to monopolize the trading activities in Lorain.

Decisions of the Supreme Court

The justices made a unanimous ruling that the Journal Publisher enjoined from sabotaging the activities of the radio station and their actions amounted to violation of section 2. The judges noted that by refusing to advertise the products of the firms that associated with the radio station, the company demonstrated effective prohibition WEOL business and attempted to carry out monopolization.[7] Some of the clients to the Lorain Journal wished to supplement their advertising services with those offered at the local radio station but discontinued their activities because of the order from the publisher.

Moreover, the judges explained thatthe activities shall amount to violation section 2 of Sherman Act.This would occur incase all the newspapers vendors and publishers in different cities decided to eliminate their competitors through dominatingthe dissemination of the news. They can also do itby eliminating the radio stations or enter into a conspiracy deal to block the advertisements of the clients who carry out the promotion over the radio stations, The actions are punishable under the Act by different penalties including termination of the contract and paying of hefty fines.[8] Therefore, the advertising companies deal with the client and their competitors under the intellectual property right without discrimination.

Berkey Photo, Inc. v. Eastman Kodak co, (1980) no. 79-427

Berkey brought the case to the Supreme Court to determine whether the Kodak Inc. had operated contrary to the antitrust law. Berkey Photo was a small firm which operated in the photography and filming industry.[9] In particular, the company competed with the Eastman Kodak in the provision of the finishing equipmentsthat covert film’ contents into prints, movies and slides. Furthermore, the two companies competed in the sale of consumer cameras. Berkey Photo did not manufacture the cameras and relied on the products from Eastman Kodak to sell to their customers. In 1972, Kodak manufactured 110 cameras and Kodacolor II film. The Kodacolor film was only compatible to the 110 camera and could not accept any other product. As a result, the competitors could not successfully compete with the new combination of the Kodak products in the market. The Berkey Photo tried to sell the substitute products to the Kodak’s equipment but failed due to design defects.[10]

Consequently, the company initiated a law suit against the Kodak Inc. claiming that Kodak’s simultaneous release of the Kodacolor II and the 110 camera was an attempt to monopolize the market, therefore, not permissible by law. The Court of Appeal held that Kodak had no obligation to release the contents of the new film system and the 110 camera to the competitors. As per the second principle that sought to investigate monopolization, the Court held that the Kodak violated section 2 of the Sherman Act by using its market power to gain competitive advantage(603 F.2d 263, 279-285, 304).[11]In some cases, for instance, United States v. Grinnell Corp., 384 U.S. 563 (1966,the court ruled against the antitrust ligation and the statute that requires the customer to pre-disclose information to the competitors regarding the introduction of new products in the market.

In re Independent Service Organizations Antitrust Litigation v. Xerox Corporation

Xerox Corporation (Xerox) was an independent organization as a well a defendant in XeroxCorp (2003 case), 203 f3d 1322. Xerox dealt in manufacturing and selling of the photocopier to the clients in different markets.[12] The company competed with some independent service organization(ISOs) that distributed photocopying machines to the ultimate consumers. Notably, ISOs wanted to purchase the equipment for maintenance and repair of the machines and replacement of broken parts. The Xerox was the only company which had the spare parts for replacement and diagnostic software. Since Xerox had the intellectual property right for the patented photocopier parts, the ISO sort their authority to buy their products. Furthermore, the Xerox held the copyright for the photocopier software.

In 1984, Xerox passed a policy which stopped its agents from selling the products to ISOs. LLC (CSU), an ISO sued the Xerox Company for violated section 2 of Sherman Act that directs the companies on duty to deal.[13]The plaintiff argued that Xerox wanted to eliminate competition and eventually monopolize the market. The district court dismissed the application and the case in totality arguing that the action of Xerox did not amount to refusal to deal. In their summery ruling, the judges of the district court stated that Xerox unilateral refusal to sell or license its copyrighted expression or patented invention did not contradict any provision of the antitrust law, hence, was not unlawful.[14]

Other Examples of Cases

In United States v.Microsoft Corporation, the Department of Justice accused the Microsoft Corporation of creating a monopoly by engaging in anticompetitive practices as oppose to the antitrust laws under section 2 of the Sherman Act.[15] The company mishandled the operating system and web browser sales of the Intel-based personal computers. The legal team determined whether Microsoft was allowed to bundle the flagship Internet Explorer using its Microsoft Windows Operating system. Notably, legal experts observed that the Microsoft won the browsers war because of the bundling together of the Internet Explorer. The Window users had a copy of Internet Explorer, thus, interfering with their operation.[16] Furthermore, the action of the Microsoft Company restricted the competition in the web browsers.

Although Microsoft argued that the merging of the Windows and Internet Explorer was meant to promote innovation and competition, some parties were aggrieved by their actions. For instance, the presiding judge held that the action of Microsoft was a violation of duty to deal since some version of the Internet Explorer was still in the market. Netscape Navigator or Opera was slow and could not function well with a modem and perform the download. The charges as well determined if Microsoft attempted or manipulated the application programming system.

Impacts of Antitrust Law on Duty to Deal

Businesses across the states can choose their partners without direct control by the antitrust policies and regulations. However, on some instance, the government imposes restriction even to the monopolists on the types of the partners they choose. Lawyers argue that firms with market power occasionally attempts to go against the antitrust laws by declining to enter into business partnership with other firms. According to Ganslandt (2007), the action demonstrates how the monopolist uses its market dominance power to chase competitors away from the market[17]. Furthermore, the monopolist can deploy the same tactics to monopolize another market.  The monopolists can resist dealing with the suppliers and the customers who buy from rivals to prevent them from transacting with the competitors in the market.

Perceptibly, the lawyers from different jurisdictions across the states have presented some cases in the court which explain the instances for refusal to deal. For instance, in case of 1950, a client took monopolist Newspaper outlet in the town to the court to establish whether the latter went against the law of the land. Notably, the Newspaper refused to deal with the vendor because the business enters into a deal with the radio company to include ads during advertisement. Consequently, the Supreme Court ruled that the refusal of the Newspapers to deal with the clients who ran ads adverts in the radio station was illegal and against the law. Furthermore, the action of the Newspaper Company amounted to refusal to deal which intentionally aimed at removing the radio station from the market.

Moreover, stakeholders and legal experts argue that the most unresolved antitrust law in the duty of the monopolistic companywith regard to dealing with its competitors. According to the antitrust law, the firm has no duty to deal with its market rivals. In case a firm imposes an obligation against dealing with the customer, then the firm shall have operated contrary to the statutory obligations of the antitrust rules. International best practices and the prescribed standard laws require that companies operating contrary to stated antitrust laws be taken to the court and charged with the antitrust liability.[18]  For instance, in some previous cases, the court imposed liability to a firm that refused to sell goods to his competitors thereby limiting the free flow of goods in the market. Furthermore, the court commanded the company which accidentally stops to conduct business with its competitors to explain the reason for its policies or face the law.

In the United States, some industries are under the strict regulation of the antitrust laws and the authority requires all firms to operate in non-discriminatory terms with other businesses. The antitrust laws protect the businesses of competitors and potential market players with verse interest in the same field. According to the statutory obligations which are spelled out in the section 2Sherman Act, the local, state and federal urgency has the mandate to enforce the law and ensure complete compliance, particularly, from the monopolists. Under the regulatory schemes, the antitrust laws do not impose additional duties for the firms that are obliged to share the assets with its competitors.[19]

For instance, in a case which involved a local telephone company; the plaintiff wanted the firm to provide access to its system which reasonably included advisory and support services to the new companies with interest in the market. The potential companies wanted to venture into the new market forlocal phone services.  However, United States Supreme Court dismissed the case arguing that the antitrust laws as constituted doe not provide additional duties contrary to those spelt out by a comprehensive set of regulations.

Application of Antitrust Law on Refusal to Deal

The application of the antitrust laws to different situation of refusal to deal with competitors continues to sparks debate among legal experts. From the economic perspectives, experts argue that if the monopolist were forced to share some skills and confidential information regarding the production of certain products to the competitors, the consumers are likely to benefit. To elaborate, the competitor can apply the acquired knowledge to produce different and better products that will eventually earn greater domestic income. On the contrary, if the monopoly were forced to share the information, they will not only lose their right to operate in the market but also experience reduced time and resources to innovate.  Furthermore, the aspiration of the firm regarding future investment and prosperity may face serious threats, thus, minimizing their overall returns. Therefore, in case the industry players agree to share the information to the competitors, the Court must define the need for the sharing, the price of the product, and the terms of the deal.

Evidently, Panelists and commentators have come together to review the law regarding the unilateral and unconditional refusal to deal with the competitors. In particular, the scholars analyze the legal and economic implications of the antitrust laws and the fact that the unilateral and unconditional refusal to deal violates the section 2 of the Sherman Act.[20] Notably, the scholars strive to correct the fact that the antitrust laws do not focus specifically on refusal to deal but as well address the economic and competitive consequences of duty to deal.  The companies engaging in the unilateral and unconditional refusal to deal with the rival violate the basic principles and regulation found under section 2.[21] However, the company that agrees to sell its products to the rival must carry out the activities with strict conformity withthe antitrust laws such as charging reasonable prices. Furthermore, the client must observe the essential-facilities doctrine in law.

Importantly, legal experts discuss the recent jurisprudence and academic policies on unilateral and unconditional refusal to deal with the rival based of different principles. In the first principle, scholars argue that the antitrust law neither restrict nor prevent the rights of the individual to choose the rival firm with whom they will deal. Second, the antitrust laws protect all the competitive processes to preserve the interest of the consumers in the market. The third principle explains the short-term and long-term impacts of compelling the firm to deal with its competitors. To elaborate, compelling the firms to deal with the rivals will positively influence the short-term static competition.[22] Nevertheless, in the long-run, the initiative will likely eliminate or diminish the incentives for the firm to invest in the future activities. Lastly, the antitrust enforcers such as judges and jurists must not get ill-equipped while acting on the industry regulators and deciding the terms for the firms when selling the products.

Notably, the application of the antitrust laws that requires the monopolist to deal with the competitors can create adverse tension in the dynamic and static welfare considerations.  In the first principle, the regulatory authority can force the monopolist to deal with the rival company. The consumers are likely to benefit from short-term interactions with the sellers and buy the products at reduced prices. According to Fox(2002), short-term static benefits are likely to come at high cost resulting in long-term inefficiencies and diminution dynamics.[23]The law in some occasions can influence the businesses contrary to the theory of development. Economic experts argue that innovation creates a platform for satisfying the consumer demand and lowering the costs. To elaborate, innovation drives the economic growth, thus, improves the consumers’ welfare. Therefore, policies and regulations that diminish incentive to innovate createan impediment to development and harm the welfare of the consumers. Notably, the antitrust policies enhance opportunity for the firms to create enough market surpluses through its investment, foresight, industry and innovation.

Remedies for the Refusal to Deal

Analysts provide different versions in which forcing a firm into a deal with rival companies has the backing of the law. Furthermore, the scholars argue that the firm must consider the superiority of the investment both at present and in the future. The firms usually view the investment as superior and downplay the requirement by the regulatory authority to share their production contents. The law enforcers acting within the jurisdictions of the antitrust law deploy refusal to license the intellectual property as remedy for the refusal-to-deal claims(Pitofsky, 2000).[24] Committee of legal experts of the Department of FTC issued report regarding the application of the antitrust liability for the refusal to license the patents. Scholars argue that the antitrust enforcement and intellectual property must not be subject to the outcome of the refusal-to-deal.

Since the refusal to deal has direct negative impacts on consumers in the long run, the Court must strictly work within the confine of antitrust law to regulate prices and terms of operations. The panelists, from their research, observed that judges, jurists and the antitrust law enforcers are poor in ensuring successful protection of consumers’ right. In some cases, the courts ruled in favor of the refusal to deal despite the rising concerns from different legal experts. For instance, the Court in Trinko ruled that the right to refusal to deal with competitors in not unqualified.[25] Furthermore, the Court reserved that the refusal to sharing of information with other firms can constitute anticompetitive conduct and violation of the regulations. The panelists made an assertions regarding a per se rule of legality which may fail to prevent the anticompetitive conduct, thus, leading to regulation in specific sectors. Therefore, otherwisetheir action shall amount to deliberate refusal to allow competition.







Areeda, P. (1989). Essential facilities: an epithet in need of limiting principles. Antitrust Lj, 58, 841.

Fox, E. M. (2002). What is harm to competition? Exclusionary practices and anticompetitive effect. Antitrust Law Journal, 70(2), 371-411.

Ganslandt, M. (2007). Chapter 7 Intellectual Property Rights and Competition Policy. In Intellectual Property, Growth and Trade (pp. 233-261). Emerald Group Publishing Limited.

Kodak v. Berky Photo 603 f2d 263 (1979).

Lorain Journal Co. v. United States, 342 U.S. 143 (1951)

Moran, P. H. (2003). The Federal and Ninth Circuits Square Off: Refusals to Deal and the Precarious Intersection Between Antitrust and Patent Law. Marq. L. Rev., 87, 387.

Microsoft (2001), 253 f3d 34,

Page, W. H. (2009). Mandatory Contracting Remedies in the American and European Microsoft Cases. Antitrust Law Journal, 75(3), 787-809.

Pitofsky, R. (2000). Challenges of the New Economy: Issues at the intersection of Antitrust and Intellectual Property. Antitrust LJ, 68, 913.

United States v. Microsoft Corporation 253 F.3d 34 (D.C. Cir. 2001)

Werden, G. J. (2005). Identifying exclusionary conduct under Section 2: The no economic sense test. Antitrust Lj, 73, 413.

XeroxCorp (2003 case), 203 f3d 1322

[1]Kodak v. Berky Photo 603 f2d 263 (1979).


[2]Kodak v. Berky Photo 603 f2d 263 (1979).

[3]Kodak v. Berky Photo 603 f2d 263 (1979).


[4]Kodak v. Berky Photo 603 f2d 263 (1979).

[5]Lorain Journal Co. v. United States, 342 U.S. 143 (1951)

[6]Lorain Journal Co. v. United States, 342 U.S. 143 (1951)


[7]Lorain Journal Co. v. United States, 342 U.S. 143 (1951)

[8]Lorain Journal Co. v. United States, 342 U.S. 143 (1951)

[9] Kodak v. Berky Photo 603 f2d 263 (1979)

[10] Kodak v. Berky Photo 603 f2d 263 (1979).

[11] Kodak v. Berky Photo 603 f2d 263 (1979).

[12]XeroxCorp (2003 case), 203 f3d 1322

[13]XeroxCorp (2003 case), 203 f3d 1322

[14]XeroxCorp (2003 case), 203 f3d 1322

[15] Microsoft (2001), 253 f3d 34,


[16]Areeda, P. (1989). Essential facilities: an epithet in need of limiting principles. Antitrust Lj, 58, 841.

[17]Ganslandt, M. (2007). Chapter 7 Intellectual Property Rights and Competition Policy. In Intellectual Property, Growth and Trade (pp. 233-261). Emerald Group Publishing Limited.


[18]Areeda, P. (1989). Essential facilities: an epithet in need of limiting principles. Antitrust Lj, 58, 841.

[19]Ganslandt, M. (2007). Chapter 7 Intellectual Property Rights and Competition Policy. In Intellectual Property, Growth and Trade (pp. 233-261). Emerald Group Publishing Limited.


[20]Fox, E. M. (2002). What is harm to competition? Exclusionary practices and anticompetitive effect. Antitrust Law Journal, 70(2), 371-411.

[21]Fox, E. M. (2002). What is harm to competition? Exclusionary practices and anticompetitive effect. Antitrust Law Journal, 70(2), 371-411.

[22]Moran, P. H. (2003). The Federal and Ninth Circuits Square Off: Refusals to Deal and the Precarious Intersection Between Antitrust and Patent Law. Marq. L. Rev., 87, 387.


[23]Pitofsky, R. (2000). Challenges of the New Economy: Issues at the intersection of Antitrust and Intellectual Property. Antitrust LJ, 68, 913.


[24]Pitofsky, R. (2000). Challenges of the New Economy: Issues at the intersection of Antitrust and Intellectual Property. Antitrust LJ, 68, 913.

[25]Werden, G. J. (2005). Identifying exclusionary conduct under Section 2: The no economic sense test. Antitrust Lj, 73, 413.


Analytical Memo-Mann







Analytical Memo











Analytical Memo

A comparison is the best way to identify the timelessness of a concept and also get different insights from the perspective of various authors. While the works of W.E.B. du Bois are classical, the work of Gould is contemporary[1]. The interesting thing about all the reads is the accuracy with which they depict the same principle but in different ways. The principal concept in all the reads is liberation. The differences lie in the type of participants. In Du Bois works, the struggle is along the lines of color and race, but in the work of Gould, he doesn’t seem to give a generalized term for the participants. Instead, he calls for a scrutiny of the participants to see the forces involved in the formation of insurgent identities.

Dubois soul of black is a testament to his stern position as an embodiment of liberation from social inequality[2]. His book gives an experience at least in a narrative the turmoil of a black man to fit in a culture that had race and religious boundaries. Dubois gives a timeless insight into social issues that continue to taunt the society even in the modern world. “After the Egyptian and Indian, the Greek and Roman, the Teuton and Mongolian, the Negro is a sort of seventh son, born with a veil, and gifted with second-sight in this American world,—a world which yields him no true self-consciousness, but only lets him see himself through the revelation of the other world”.  The text offers an understanding of the plight of the black man in that the white man is allowed by the society to measure their ell being against the anguish and deprivations of the black man. It is apparent that the white man flaws social equity with the results of limiting the black society. The black masses find themselves at cross roads on the matters of identity by virtue of being black and American. Being black is in itself damnation to perpetual anguish that culminates from social injustices related to inequality. On the other hand being American gives a glimpse of hope for liberation, or rather the achievement of some degree of societal status. Sadly, the foreseen liberation remains a dream that never will be. Through this quote “The problem of the twentieth century is the problem of the color line.” It is clear that there is cumulative effect in the social plights of the black society dating back to eras of slavery. If at all a black found work it was for a much lesser pay, a fact that made the accumulation of wealth tantamount. By all means possible the white folks always seemed to undermine the efforts of the black. Before the twentieth century the living conditions of the minority, in these regard the blacks were characterized as per Dubois as dirty and dilapidated. According to Dubois, these shelters were anything but home, but then the only home that the black knew.   In the 21st century, the conditions barely improve, rather rural slums get replaced by urban slums. Dubois further questions the loyalty of Booker T. Washington apologetic stance towards the white, which would imply justification of the oppression of the black society. The oppression seems to have no timely end as the black masses are made to follow laws that they are non-partisan in their formulation. Laws made by people, who only have their self-interest at stake, but not that of the black man. Sad enough, the black man is not in a position to question the law. Du Bois also goes ahead to put religion at the center of the community. According to him, the center factors are race and religion.

Du Bois, John Brown is a historical bibliography of a revolutionist, John Brown. One of the notable quotes is that the cost of liberty is less than the cost of repression. The quote shows John Brown’s will to sacrifice for the liberty of the black American. To a great extent, the two works by du Bois seem to share in the principalities[3]. For instance, we find Du Bois loathing Booker T. for being apologetic to the white[4]. In effect he, Booker T creates conditions for repression. On the other hand, John Brown Chooses liberty over repression. Liberty according to John Brown was to find freedom from slavery. The close relationship between John Brown and Souls of black is that they both draw from race and religion. In John Brown subjects of slavery are the blacks and thus agents of revolution had to in the first place identify as black. Brown orchestrated the attack on the Harpers Ferry, which was aimed at putting slaves in a position to fight the tyranny that perpetuated slavery through armed abolition. Violence was the sole agent of liberating slaves that John Brown saw viable. And indeed he was ready for the war as it can be seen from one of his quotes “I, John Brown, am quite certain that the crimes of this guilty land will never be purged away but with blood. I had, as I now think vainly, flattered myself that without very much bloodshed it might be done.” The bibliography, per Du Bois former work, depicts Brown putting up a fight against white supremacists, supremacists who fueled slavery, and social inequality. In the trial and later execution of John Brown, he continues to stand against the aristocrats by putting up an incredible slave abolition argument. It is sad that he proceeded to be executed.

Gould’s work insurgent identities share in the same principle of the liberation of the oppressed, but in a more contemporary world. Its context is not of race, or religious lines but rather inequality that triggered the formation of insurgent identities. These insurgent identities involved the city dwellers identifying as different from the state. Gould suggests that “the connection between the various collective self-understandings available to groups of potential insurgents and the pattern of social relationships in which they are implicated,” further analysis of that quote unearths the underlying factors that facilitate for the formation of movements of rebellion, or rather a revolution[5]. A movement of revolution comprises of people who share the same beliefs.  While in the revolution of 1848 Gould agrees that it was a war of classes in 1871 he says it was not a revolution of class, but instead, it was a struggle between the neighborhood and the city.  These struggles were brought about by the displacement of the working class from the center of Paris to its periphery. Contrary to an uprising against capitalism, it was an uprising of the city dwellers against the state. Gould’s interpretation of insurgent identities was different from the works of other sociologists that purely categorized the participants in the Paris revolution with class[6]. Gould calls upon these sociologists to try an understand participant identities to correctly understand the incidents of collective mass action. The class-based revolt of 1848 was courtesy of the class insurgent identity. The class identity arose from the formation of the two organizational entities Luxembourg commission, and the national workshops. Due to the formation of the two organizations, workers rubbed shoulders and could identify as one, and hence forming a crystalized class identity.

In conclusion, it is clear that the Du Bois reads, and the Gould’s book show divergence and convergence of ideas in equal measures.  To start with the convergence, both of the authors accept the need for liberation for the different societal groups, according to Gould insurgent identities. For Du Bois, he delves in the fact that the white race was regarded superior to the black folks in all aspects of life, a fact that forced the black folks to cry out loud due to the oppression. But despite the persecution, there were those that choose repression over liberation.  In the two reads of Du Bois, it is important to note that he takes the side of the liberators and not those who are for repression. In the souls of black, he condemns Booker T. for taking the path that would encourage restraint while in john brown; he regards John Brown as a hero, who to some extent is responsible for the liberation of the black from of slavery. At the least, he gives him the credit of initiating the call for the abolition of slavery. Despite the classical context of the reads by Du Bois some of the issues continue to haunt the black man even in the 21st century. While it is the John Brown that is truly classical as it depicts event from the slavery period, the Soils of black shows the woes of being black in America. In essence, the souls of black indicate how racism continues to haunt the black community into the 21st century.  As for Gould, he believes in liberation, but not as a result of differences in class in general. He instead claims that it is the forces behind societal inequality that determines the insurgent identities of the day. It occurs that the famous quote by John Brown “the cost is liberation is less than the cost of repression” applies to all of the reads.




Du Bois, W.E. Burghardt. 1909. John Brown. Philadelphia: George W. Jacobs & Company.

Du Bois, W.E.B. 1903. The Souls of Black Folk. Chicago: A.C. McClurg & Company.

Gould, Roger. 1995. Collective Identities: Class, Community, and Protest in Paris from 1848 to the Commune. Chicago: The University of Chicago Press.


[1] Gould, Roger. 1995. Collective Identities: Class, Community, and Protest in Paris from 1848 to the Commune. Chicago: The University of Chicago Press.

[2] Du Bois, W.E. Burghardt. 1909. John Brown. Philadelphia: George W. Jacobs & Company.


[3] Du Bois, W.E. Burghardt. 1909. John Brown. Philadelphia: George W. Jacobs & Company.


[4] Du Bois, W.E.B. 1903. The Souls of Black Folk. Chicago: A.C. McClurg & Company.


[5] Gould, Roger. 1995. Collective Identities: Class, Community, and Protest in Paris from 1848 to the Commune. Chicago: The University of Chicago Press.

[6] Gould, Roger. 1995. Collective Identities: Class, Community, and Protest in Paris from 1848 to the Commune. Chicago: The University of Chicago Press.


Analytical Memo-Mann


Political Science

Analytical Memo


  • Gregor, A. James. 2017. Interpretations of Fascism. Routledge.
  • Mann, Michael. 2004. Fascists. Cambridge University Press.
  • Mühlberger, Detlef. 2015. The Social Basis of European Fascist Movements. Routledge.

In fascist, Michael Mann seeks to understand more on the concept of fascists in establishing who they are and where they come from, motives behind their establishment, and how they rose to power. The central idea reflected by Michael Mann is the rise of the movement with more focus on flood tide in redoubts in six countries (p.14). The author clearly states that for one to understand the fascist, there is a need to understand the fascist movement and their intention in Austria, Germany, Hungary, Italy, Romania, and Spain.  The collaborative actions of individual fascist joined together ensured that they command power in where they were established.

Essentially, fascism has been aforementioned as neither oddity nor power hungry groups rather, they sought for effective states and larger nationwide unity. For Mann, he sees fascism as an incomplete movement that attempted liberalism in amidst of social crises, economic crises, military crises, political, and ideological crises (p. 355). Mann establishes that fascists needed to be taken seriously in the 21st century for their actions in addressing their concerns. First, the fascist was not an ordinary sideshow in the growth of contemporary society. The culture of the fascists spread in most of the European countries in the influence of modernity. Together with environmentalism, fascism was a major doctrine of significance history established in the 21st century (p. 55). It is undoubtedly that fascists have influenced the modernity in the European culture with more emphasis on the six countries.

Secondly, the fascist movement was not distinct from the contemporary movements. What distinguished fascism from other movements is the ability to support the central idea of a political movement which is of a great concern globally. Moreover, the unification of nation and state affairs was one the supported ideology of the movement together with its pathologies (p. 69). As observed around the world, many people live under mild nation-states which are characterized by modesty, beneficial powers, and inoffensive nationalism. Mostly, national administration bureaucracies irritate many citizens with their priorities but they do not intimidate us as they are committed to providing our needs.

As stated by Gregor (p. 26), the people have the right to rule and the people must be regarded as one entity which is indivisible by minority ethnicity and political enemies. The amalgamation of contemporary nationalism and statism was to seize the social equality aspirations on their heads, into controlling regimes which sought to wipe out opposers from the nation. Moreover, fascism added to this combination by its idiosyncratically “bottom-up” and “radical” paramilitary movement. In this aspect, the fascism would daze all antagonisms to the organic nation-state with viciousness at any cost. Such deification of definite violence had arisen as a result of the contemporary “democratization” of war into one among “citizen armies”(p. 65). In this perspective, fascism presented a characteristically paramilitary thrilling form of nation-statism with the principal political belief of the current era.

Michael Mann states that fascism ideology must be taken seriously and never be dismissed as irrational, incongruous, or vague. Fascism has a foundation of doctrine which is unfortified compared to any other political movement (p. 145). Consequently, this is essentially evident by the judgment of the fascism appeal and power. As stated by Mann, fascists did not give reasonable solutions to present social complications; they got massive democratic backing and strong emotional assurance from militants. Therefore, like any other political activism, fascists were diverse and opportunistic. The importance of leadership and power in fascism enhanced opportunism which was steered by their leaders who were not considered as uncharacteristic, sadists, psychopaths, or leaders with “rag-bag”(p. 79). Therefore, for a better understanding of fascism, Michael Mann adopts a methodology of taking fascist’ values seriously.

Michael Mann observes that the rise of the fascist movement was greatly influenced by two main theories which were middle-class theory and the capital class theory. In the aspect of the middle class theory, the rise of fascism was attributed to the failure of the entire middle-class society which was founded on moderation and capitalism(p. 20). From capital class theory the dominance of the fascism was heavily influenced by the ability of the fascists to utilize tools of the capitalist class. However, the usage of the two theories in explaining the rise of fascism was criticized by Mann because there was no philosophical considered and that there was a gap that existed between the ideology and social interrelations(p. 26). Therefore, the central idea reflected in the book is to explain the abnormal behavior exhibited by the irrational class behavior.

As stated by Michael Mann, the fascist is forecasted to return and we must be vigilant on the conditions that generated the fascism. In having the knowledge of the conditions leading to the rise of the fascism, we stand a chance of avoiding the movement in the contemporary society. As observed by Mühlberger (p. 64), situations that generated the fascist movement are still present in this decade which is heavily associated with organic nationalism and the espousal of paramilitary forms which are dedicated to racial and political purging.

Analytical Memo- Tucker










Analytical Memo- Tucker














Workers of the World, Enjoy!

Tucker’s primary intention in authoring this book was to provide a new lens through which social movements among the public can be understood. In doing so, he first begins by pointing out the unidirectional perspective that former authors have taken on the Topic. Tucker states that other authors have ‘theorize public life in terms of shared rational consensus or a common culture, regardless of their political orientation’ (pg. 15). He, however, deviates from this perspective by stating that the public life should be mainly studied as part of an arena of play and performance. He integrates major political events such as French Revolutionary fascism and syndicalism and current global justice movement to defend his point. This paper aims to analyze Tucker’s work and demonstrate that in as much as most intellectuals in the past ignored the role of aesthetic in social movement it is evident that aesthetic is an integral aspect of public life and politics. Aesthetic movements have significantly influenced politics and are therefore essential in studying the public with regards to identity and other social revolution.

To start with, as Tucker states aesthetic practices and imagery have become dominant in social movement. Furthermore, aesthetic themes provide a basis upon which current social movements is expressed. For instance, the civil rights movement and homosexuality which became rampant in 1970’s and the 1980’s was spearhead by different artist specializing in painting, drawing photography, music among others. The concern, however, is for most sociologist ‘culture is understood in terms of “framing,” for it provides the interpretive schema by which movements make sense of social processes and social changes’ (pg. 43). Aesthetic does not reinforce such schemas and has, therefore, remained underexplored by philosophers, sociologists, and even psychologists.

The author also claims that other movements in the 19th century used art to create meaning and form a culture. Tucker cites fascism and syndicalism as central movements that occurred in the late nineteenth century and the early 20th century.  ‘This movement was political in nature as it followed a political doctrine and had a political slogan. People came together in solidarity to question the bureaucratic and state authority over workers.  Tucker best illustrates the nature of this movement stating that ‘Syndicalists took seriously the slogan of the First International of Labor that the emancipation of the Labor and Aesthetic Politics’ (pg. 122). Other similar events include the American IWW which was a social movement that abjected electoral politics and led to the creation of new workers society in place of the place of capitalism. The ideas of class were replaced by the movement which heavily used artistic means to advance its philosophy.

Trucker argues that aesthetic also provides a basis for which public life and social movements can be understood. It forms the identity of the society.  In chapter 3 of his book, Tucker borrows from the contribution of the romantic philosopher to explain how knowledge gathered from artistic creation can be used to form identity. Tucker continues by theorize a playful solidarity from carnival and popular culture. Tucker elaborates on his theory of playful solidarity and explains how it helped in the formation of identity in the public sphere. He explains that there are no intellectuals who emerged from aesthetic politics. Nonetheless, aesthetic ideas depict people’s experiences vision for social change and creativity in social life which other theories such as positivism cannot explain.  Aesthetic politics deconstructs the coherent identity that has been theorized by many intellectuals in favor of a much nomadic individualities. In playful solidarity ‘power works by homogenizing diversity, creating a fiction of a community that invariably excludes and marginalizes some groups and identities’ (pg. 65). Group of marginalized individuals such as workers in labor movement and Black Americans in the civil rights movements come out powerfully.

Before 1960, aesthetic had not been utilized in portraying the identity of the people. However, Tucker recognizes that in the 1960s ‘concern with identity and knowledge elaborated in the aesthetic sphere and ideas of play from popular culture become powerfully and self-consciously thematized in social movements, often overshadowing concerns with material conditions’ (pg. 154). It is during this time that the mass media has also developed and therefore news would reach many people and influence a movement based on people’s solidarity.  Various version of music was used not just to pass information but also to form an identity. For instance, Tucker argues that the blues type of music had ‘heavily sexual themes, emphasizing the importance of struggle and the recovery of black manhood in a post-slavery era.’ African Americans would therefore much readily identify with such kind of music.

It is apparent that aesthetic movements have significantly influenced politics and the public for centuries. Besides, the globe is aesthetically charged, with various form of artistic creations such as music, hence the self can be best understood through artistic creation though in a much interpretive sense. Most intellectuals remain ignorant of the role of aesthetic in public formation perhaps due to the complexity involved in interpretation of the art to create meaning. In my perspective, this work not only provides a new way of understanding the public but also provide the most rational way in which people have for centuries formed identities that have created major social revolution. As demonstrated in the book aesthetic dates back to the 19th century and has continued to dominate to the contemporary world. I believe that aesthetic politics will continue to influence social movements even more since the internet has provided a much simpler way to share arts such as music that drives revolution.






















Tucker, K. H. (2012). Workers of the world, enjoy!: Aesthetic politics from revolutionary    syndicalism to the global justice movement. Philadelphia: Temple University Press.