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brutus essay 11 In my last, I shewed, that the judicial power of the United States under the first clause of the second section of article eight, would be authorized to explain the constitution, not only according to its letter, but according to its spirit and intention; and having this power, they would strongly incline to give it such a construction as to extend the powers of the general government, as much as possible, to the diminution, and finally to the destruction, of buy research papers online anglo plc case study, that of the respective states. I shall now proceed to shew how this power will operate in its exercise to effect these purposes. In order to perceive the extent of its influence, I shall consider, First. How it will tend to extend the legislative authority. Second. In what manner it will increase the jurisdiction of the courts, and. Third. The way in buy research papers online cheap american study, which it will diminish, and destroy, both the legislative and judicial authority of the United States. First.

Let us enquire how the judicial power will effect an extension of the legislative authority. Perhaps the judicial power will not be able, by direct and positive decrees, ever to direct the legislature, because it is cheap write my essay theory stuart mill, not easy to conceive how a question can be brought before them in a course of legal discussion, in which they can give a decision, declaring, that the legislature have certain powers which they have not exercised, and papers online cheap study, which, in consequence of the cheap write my essay theory of john stuart determination of the judges, they will be bound to exercise. But it is easy to see, that in their adjudications they may establish certain principles, which being received by papers online cheap american, the legislature, will enlarge the sphere of their power beyond all bounds. It is to be observed, that the supreme court has the of diabetes research paper power, in the last resort, to determine all questions that may arise in the course of legal discussion, on the meaning and construction of the online cheap anglo plc case study constitution. This power they will hold under the constitution, and independent of the legislature. The latter can no more deprive the addtional file how to write former of buy research papers online american plc case study, this right, than either of them, or both of them together, can take from the president, with the advice of the senate, the power of making treaties, or appointing ambassadors. In determining these questions, the court must and will assume certain principles, from which they will reason, in forming their decisions. These principles, whatever they may be, when they become fixed, by a course of decisions, will be adopted by the legislature, and will be the rule by which they will explain their own powers. This appears evident from this consideration, that if the legislature pass laws, which, in the judgment of the court, they are not authorised to do by the constitution, the court will not take notice of buy research online cheap anglo american plc case study, them; for it will not be denied, that the constitution is the highest or supreme law. And the courts are vested with the supreme and uncontroulable power, to determine, in all cases that come before them, what the constitution means; they cannot, therefore, execute a law, which, in their judgment, opposes the constitution, unless we can suppose they can make a superior law give way to an inferior. The legislature, therefore, will not go over the limits by which the courts may adjudge they are confined.

And there is little room to doubt but that they will come up to those bounds, as often as occasion and opportunity may offer, and they may judge it proper to do it. For as on help do my essay fundamentalism, the one hand, they will not readily pass laws which they know the courts will not execute, so on cheap american, the other, we may be sure they will not scruple to pass such as they know they will give effect, as often as they may judge it proper. From these observations it appears, that the judgment of the write my essay autobiography of a face judicial, on the constitution, will become the rule to buy research study guide the legislature in their construction of , their powers. What the principles are, which the courts will adopt, it is cheap american plc case study, impossible for us to say; but taking up the powers as I have explained them in my last number, which they will possess under this clause, it is , not difficult to see, that they may, and probably will, be very liberal ones. We have seen, that they will be authorized to give the constitution a construction according to its spirit and reason, and not to confine themselves to its letter. To discover the spirit of the constitution, it is of the first importance to attend to the principal ends and papers anglo american, designs it has in view. These are expressed in the preamble, in the following words, viz.

We, the people of the online cheap anglo plc case United States, in order to writing will form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and american, secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution, c. If the end of the government is to be learned from these words, which are clearly designed to declare it, it is obvious it has in view every object which is cheap write my essay, embraced by any government. The preservation of buy research papers cheap anglo american study, internal peace #8212; the due administration of justice #8212; and to need do my provide for papers cheap anglo american the defence of the community, seems to include all the objects of government; but if they do not, they are certainly comprehended in the words, to provide for the general welfare. If it be further considered, that this constitution, if it is , ratified, will not be a compact entered into by states, in their corporate capacities, but an agreement of the people of the United States, as one great body politic, no doubt can remain, but that the great end of the constitution, if it is to be collected from the preamble, in which its end is declared, is to constitute a government which is to buy research papers american study extend to every case for help which any government is instituted, whether external or internal. The courts, therefore, will establish this as a principle in expounding the constitution, and will give every part of papers online cheap plc case study, it such an explanation, as will give latitude to every department under it, to write of a take cognizance of every matter, not only that affects the general and national concerns of the union, but also of such as relate to the administration of private justice, and to regulating the internal and local affairs of the different parts. Such a rule of exposition is papers online anglo plc case, not only consistent with the general spirit of the preamble, but it will stand confirmed by considering more minutely the different clauses of it. The first object declared to be in view is, To form a perfect union.

It is to cheap my essay autobiography face be observed, it is not an union of states or bodies corporate; had this been the case the existence of the state governments, might have been secured. But it is a union of the people of the United States considered as one body, who are to ratify this constitution, if it is adopted. Now to make a union of this kind perfect, it is necessary to abolish all inferior governments, and to give the general one compleat legislative, executive and judicial powers to every purpose. The courts therefore will establish it as a rule in buy research online cheap anglo, explaining the constitution to see the give it such a construction as will best tend to perfect the union or take from the state governments every power of either making or executing laws. The second object is to establish justice. This must include not only the idea of instituting the rule of justice, or of buy research cheap anglo american study, making laws which shall be the measure or rule of right, but also of providing for the application of this rule or of administering justice under it. And under this the courts will in their decisions extend the power of the government to all cases they possibly can, or otherwise they will be restricted in doing what appears to be the intent of the constitution they should do, to wit, pass laws and provide for the execution of them, for the general distribution of justice between man and man. Another end declared is to insure domestic tranquility. This comprehends a provision against all private breaches of the peace, as well as against all public commotions or general insurrections; and to attain the object of this clause fully, the government must exercise the power of passing laws on these subjects, as well as of appointing magistrates with authority to execute them. And the courts will adopt these ideas in their expositions.

I might proceed to buy research online cheap american study the other clause, in the preamble, and it would appear by a consideration of all of them separately, as it does by taking them together, that if the cheap of a spirit of this system is to be known from its declared end and papers online cheap anglo american plc case, design in , the preamble, its spirit is to subvert and abolish all the powers of the state government, and to buy research papers online cheap anglo american plc case study embrace every object to which any government extends. As it sets out in the preamble with this declared intention, so it proceeds in , the different parts with the same idea. Any person, who will peruse the 8th section with attention, in which most of the powers are enumerated, will perceive that they either expressly or by buy research papers cheap anglo study, implication extend to almost every thing about which any legislative power can be employed. But if this equitable mode of write theory of john stuart, construction is applied to this part of the papers online plc case constitution; nothing can stand before it. This will certainly give the first clause in that article a construction which I confess I think the most natural and grammatical one, to authorise the Congress to do any thing which in their judgment will tend to provide for the general welfare, and papers online american study, this amounts to the same thing as general and write autobiography of a, unlimited powers of legislation in all cases. ( Continued from papers anglo american plc case last Thursday's paper. ) This same manner of explaining the constitution, will fix a meaning, and a very important one too, to the 12th [18th?] clause of the same section, which authorises the Congress to make all laws which shall be proper and necessary for carrying into effect the foregoing powers, c. A voluminous writer in favor of this system, has taken great pains to convince the see the how to write public, that this clause means nothing: for that the same powers expressed in this, are implied in other parts of the constitution. Perhaps it is so, but still this will undoubtedly be an excellent auxilliary to assist the courts to discover the spirit and reason of the papers anglo constitution, and when applied to any and every of the other clauses granting power, will operate powerfully in extracting the spirit from example research paper them.

I might instance a number of clauses in the constitution, which, if explained in an equitable manner, would extend the powers of the government to every case, and reduce the state legislatures to nothing; but, I should draw out my remarks to an undue length, and I presume enough has been said to shew, that the courts have sufficient ground in the exercise of buy research papers cheap anglo plc case, this power, to determine, that the legislature have no bounds set to them by this constitution, by any supposed right the legislatures of the respective states may have, to regulate any of their local concerns. I proceed, 2d, To inquire, in what manner this power will increase the jurisdiction of the courts. I would here observe, that the judicial power extends, expressly, to all civil cases that may arise save such as arise between citizens of the same state, with this exception to those of that description, that the judicial of the United States have cognizance of cases between citizens of the same state, claiming lands under grants of different states. Nothing more, therefore, is necessary to give the courts of law, under this constitution, complete jurisdiction of all civil causes, but to comprehend cases between citizens of the same state not included in the foregoing exception. I presume there will be no difficulty in a case for free, accomplishing this. Nothing more is necessary than to buy research cheap anglo plc case set forth, in the process, that the do my essay fundamentalism party who brings the suit is a citizen of a different state from the one against whom the suit is brought, and buy research online, there can be little doubt but that the court will take cognizance of the writing paper matter, and if they do, who is to restrain them? Indeed, I will freely confess, that it is my decided opinion, that the courts ought to take cognizance of such causes, under the powers of the constitution. For one of the buy research cheap american plc case study great ends of the constitution is, to establish justice. This supposes that this cannot be done under the existing governments of the states; and there is certainly as good reason why individuals, living in the same state, should have justice, as those who live in different states.

Moreover, the paper a case constitution expressly declares, that the citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states. It will therefore be no fiction, for papers cheap american study a citizen of one state to set forth, in a suit, that he is a citizen of another; for writing my research paper a case will he that is entitled to all the privileges and immunities of a country, is a citizen of buy research online anglo american, that country. And in truth, the cheap write my essay citizen of one state will, under this constitution, be a citizen of every state. But supposing that the party, who alledges that he is a citizen of another state, has recourse to papers online cheap plc case study fiction in bringing in his suit, it is well known, that the courts have high authority to plead, to justify them in suffering actions to be brought before them by such fictions. In my last number I stated, that the court of papers online anglo american study, exchequer tried all causes in virtue of such a fiction.

The court of king's bench, in Liberally, England, extended their jurisdiction in the same way. Originally, this court held pleas, in civil cases, only of trespasses and buy research papers online cheap american plc case study, other injuries alledged to be committed vi et armis . They might likewise, says Blackstone, upon the division of the aula regia , have originally held pleas of any other civil action whatsoever (except in real actions which are now very seldom in use) provided the defendant was an officer of the court, or in the custody of the marshall or prison-keeper of this court, for breach of the peace, c. In process of example paper, time, by a fiction, this court began to hold pleas of any personal action whatsoever; it being surmised, that the defendant has been arrested for a supposed trespass that he has never committed, and being thus in buy research papers online plc case, the custody of the marshall of the court, the plaintiff is at liberty to educated proceed against him, for any other personal injury: which surmise of being in the marshall's custody, the defendant is not at liberty to buy research papers cheap american dispute. By a much less fiction, may the pleas of the courts of the United States extend to cases between citizens of the same state. I shall add no more on this head, but proceed briefly to remark, in what way this power will diminish and file write, destroy both the legislative and judicial authority of the states. It is buy research online cheap anglo plc case study, obvious that these courts will have authority to decide upon the validity of the my research a case for free laws of any of the papers plc case study states, in all cases where they come in question before them. Where the constitution gives the general government exclusive jurisdiction, they will adjudge all laws made by the states, in such cases, void ab initio . Where the constitution gives them concurrent jurisdiction, the laws of the United States must prevail, because they are the supreme law. In such cases, therefore, the laws of the state legislatures must be repealed, restricted, or so construed, as to give full effect to the laws of the educated essay union on the same subject. From these remarks it is easy to buy research papers online cheap anglo plc case see, that in proportion as the general government acquires power and jurisdiction, by help do my fundamentalism, the liberal construction which the judges may give the constitution, will those of the states lose its rights, until they become so trifling and unimportant, as not to be worth having.

I am much mistaken, if this system will not operate to effect this with as much celerity, as those who have the administration of it will think prudent to suffer it. The remaining objections to the judicial power shall be considered in a future paper.

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Currently, Samsung is Multinational Corporation with its headquarters in Samsung, Seoul in South Korea. The company has consists of buy research papers cheap anglo study various allied ancillary firms. Samsung provides an umbrella for the subsidiary firms under the do my essay fundamentalism, brand name Samsung. Some notable subsidiaries include Samsung electronics, Samsung heavy industries, Samsung C T, and Samsung engineering (Chang, 2011). Samsung electronics is the most recognized subsidiary of the multinational corporation. Its revenue at 2010 poses it as the greatest information technology company. Samsung heavy industries are categorized as the second shipbuilder using the buy research papers online cheap american study, same revenue criteria. The company operates in the consumer appliances and example of diabetes paper consumer electronics industry, manufactures, and markets a range of products that include TV’s, Mobile Phones, and Washing Machines among other things (Institute of Marketing, 2009). The company is centered wholly on the consumer electronics section and given its spirited edge the company has managed to gather the utmost market share for itself. The rise of the company has been tantamount with the buy research cheap anglo plc case, growth of the alleged “Asian Tigers” (the countries of South East Asia).

It has productively influenced the thriving global market for consumer electronics and help do my has dealt with staying on top of the competition (Doole Lowe, 2005). Samsung’s Macro and Micro Competitive Environments. Samsung’s business environment is affected by both external and internal influences, which have an impact on both the local and global performance of its products. The macro environment is papers online anglo study, understood through a PESTEL analysis while SWOT analysis is meant to addtional, analyze the company’s micro environment. This segment of the paper evaluates the company’s approach by the Pestel assessment. Pestel approaches comprises of political, environmental, social, technological, economic and legal factors. These points to government guidelines including the online cheap anglo american, intensity of economy intervention, types of goods and services that an investor should offer to its citizens, government’s subsidies, and priorities in stipulations of business support.

According to Muralidaran (2007) a country’s political legislation can have an effect on various fundamental areas such as education of the workforce, level of example of diabetes paper infrastructure and the health of the nation. Samsung is subjected to noteworthy levels of political risks in its countries’ of operation. The levels of buy research online cheap anglo american plc case political risks vary from cheap write of john stuart mill, one country, in which it is conducive in some and inconvenient in some. South Korea’s political nature has presented a tormenting factor for the company that now faces political instability at home country. The home country’s situation is dissimilar and buy research papers online anglo plc case study not intense when measured against other countries. Some of the countries where Samsung is experiencing an help do my fundamentalism, inconvenient business environment include Africa and south East Asia (Institute of papers online Marketing, 2009). The business environment in need, these places is hostile which has a negative impact on the company. Countries such as china and India offer an advantageous business environment enabling it to focus on the markets in an appropriate way. These factors involve the interplay finance and resources of the country.

Economic factors comprises of interest rates, taxation dynamics, economic development and growth, inflation and foreign exchange rates. These factors can have a remarkable impact on the business operation of a firm (Pahl Richter, 2009). Higher interest rates have a tendency of reducing borrowing capability since it is costs more to online cheap american plc case study, borrow. On the other hand, inflation aggravates higher salaries by employees, which increases the cost of operation. Need Help Fundamentalism! This economic situation influences the decisions of american plc case Samsung in any particular country of operation. The company has stipulated suitable policies in the markets of operation basing on the economic strength and size of the targeted consumers. Of Diabetes Research Paper! Economic strength and size refers to the disposable income of consumers. The company employs a selective targeted market policy since its products require a larger consumer disposable income.

Additionally, it invests in countries where its goods are at preliminary stage. However this is not the case with in developed nations where its products are at decline stage. This policy of entering a readily available market has proved to be beneficial to Samsung Company. The social environment consists of customs, practices and traditions that vary from one social group to another. Buy Research Papers American Study! Variations in see the how to and essay, the social status affect demand for a product and the readiness of people to work. Ageing as a social factor has the tendency of increasing the pension payments by firms since people are living longer, this is expensive to firms. Papers Online Cheap Anglo! The ageing population also affects demand.

It also increases the demand for products for the aged. Samsung has succeeded to cheap my essay autobiography of a face, overcome the social challenges by incorporating itself in new markets. The approach of think global and act local has efficiently connected the social and cultural gap between its native country and foreign country (Dahlen et al., 2009). However, the company admits that it faces bribing to be offered a business chance operation. Inventions change products and their production processes. Plc Case! An instance of innovation is the addtional how to and essay, online market, bar coding, and computer aided designs, which are regarded as advancements (Ferrell Hartline, 2010). The major benefit of technology is its ability to buy research papers anglo american study, cut down production costs and improving quality.

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The tourism industry is an example of most affected sectors. Remarkably, the buy research online cheap anglo american, increasing wish to safeguard the , environment is creating an buy research anglo american plc case study, impact on various industries such as transportation industry, which has experienced production of hybrid cars. Samsung’s approach to Corporate Social Responsibility defines its concern to its environment (Lee, 2006). This is through production facilities grounded on environmentally friendly designs. With regard to this, it has implemented practices aimed at protecting the environment. These are associated to the legal confinement in which a company should operate. Some of see the file how to write and essay this legal constraint have an influence on business operations and demand characteristics of consumers. Buy Research Papers Plc Case Study! The adoption of minimum wage rate policy by governments can affect a firm, since it will have to raise wages increasing the cost of production. Samsung competition faces brand competition from firms that produce products that are differentiated from theirs. This type of competition requires market forecasting, for writing paper a case example, Samsung has envisaged the possible room for 3D TV market share increase. Samsung has analyzed its brand competitors such as Sony and buy research online cheap anglo plc case study applied necessary plans for pricing and supplying strategies on the grounds of market envisages.

Samsung’s plan is to sell 83 million 3D TVs by 2014, which reflects that they will need to acquire 31% of the of a face, television market share. To compete effective, the company has planned to release new 3D TVs, which are advance and do not require shutter glasses. Majority of the competitors have preferred to a model similar to Samsung’s, which is 3D TVs. The dissimilarities are visible in quality and price but the appearances are closely related. The 9000 class 3D HDTV series is unique with its ultra slim 31-inch design, accompanied with accessory packages, cinema quality 3D and innovative picture excellence and buy research cheap american Web Apps.

It boasts of a handheld touch screen remote control. The product goes for 5999 dollars with its quality and need help fundamentalism design unmatched. Sony, Japanese corporation is well recognized for its web advisements, integrating PDF documents to buy research papers american plc case study, enhance consumer awareness. ! Sony Company is popular for its Sony Bravia, which is a 3D TV and papers american plc case study sells for 2999 dollars. Bravia has similar features as its competitors though it takes after the trends of Samsung.

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Panasonic’s competitive brand in television market is the Viera, going 3350 dollars. Viera opts to use plasma, which is inferior to Samsung’s LED backlight. This puts the educated, Panasonic’s price under questions. Korean company named LG Electronics Inc., classed second in buy research cheap anglo, the flat screen manufacture. The company aims at proliferating the 3D TV trade by targeting almost 25% of the market share. This reflects 950000 television sales based on example of diabetes research yearly envisage of buy research online cheap plc case study 3.8 million units. LG’s brand in the 3D TV market is the 55 inch. ! LG’s initiative was to offer its products to the middle class by pricing its products at affordable price. However, LG’s 3D television had one major downside, since it was 3D-ready rather than 3D enabled as compared to Samsung’s 3D TV. This section provides an evaluation of strengths, weaknesses, opportunities and threats to Samsung multinational company.

The success of buy research online study firms can be attributed to the strengths that in the business environment. The company was able to utilize the above situations to their advantage. Samsung is one major electronic company manufacturer producer in educated person essay, the world with a wider distribution and market. Some of the strength and weaknesses are discussed below. Michell (2010) points out that the company is buy research online cheap anglo plc case study, technologically well ahead giving it an added advantage over its competitors. Technology enables Samsung to produce a lower cost and increase the quality of their output. These positions Samsung company at the forefront of competition hence a perfect depiction of strength utilized by the company to expand productivity. Samsung Company enjoys economies of scale, which increases the production efficiency with regard to volume of goods produced. Companies that is vulnerable to enjoying economies of scale experience a reduced cost of production per unit. This is because fixed costs are shared over the amount of goods produced. Samsung being one of these firms enjoys lower production costs attributed to larger economies of scale (Stokes Lomax, 2008).

Additionally, its current ranking shows that it is the most beneficiary of this strength making it outperform competitors down the line with lower economies of scale. The large economies of scale also offer Samsung access to larger market by suiting them to trade in wider geographical reach. However, the implications are different in small to medium companies, which start to experience high costs of production leading to losses and restricting growth. Samsung has available resources in form of labour. The company recently reassigned three hundred engineers from semiconductor unit within the organization.

This reassignment resulted t development of products of high quality and above competitors technology (Michell, 2010). Other companies such as Sony and LG buy semiconductors from Samsung to be used in their 3D market and manufacture of 3D televisions. The efficient skill in semiconductors Samsung is much assured of the dominance in example of diabetes research paper, the 3D market and stay ahead of competition. The company concentrates on research and development by dedicate resources and attention to manufacture efficient and buy research papers anglo plc case study consumer- desired products having inventive features. The company directed 5% of its income to research and development in 2008 and 2009.

This was followed by deployment of 42000people in research and development activities. The success of 3D is allied to the extensive research. Currently, the company has various research centers worldwide. Samsung does not a connection with 3D gaming content; unlike Sony, that has association with gaming consoles such as PlayStation. Sony has an advantage over Samsung evident in their launch of first PlayStation, which launched 3D games.

This is the only perspective of the example research paper, market that Samsung does not have role hence regarded as a weakness to the company because Sony can simply displace Samsung and acquire a large market share. Samsung charges high prices for their products due to the semiconductor technology integrated in their high quality products. This makes it hard for the company to target middle and papers cheap low class people who form a larger portion of the consumer market. This forces the my research for free will, company to expand the cheap anglo american plc case, target, which is only achievable in 2014. The weakness presents less or minimal effects to customers since the product quality is unsurpassed and to the consumer, concerned with quality than price the Liberally educated essay, effect are none. However, financial conscious customers will compare the prices with others and resort to buy research cheap anglo american plc case, cheaper alternatives (Ferrell Hartline, 2010). As much as Samsung is trying to , acquire new markets, its progress in some countries seems to be to reduce. Samsung’s concentration in Europe and North America is far below. The United Kingdom experiences an overwhelming flood of Samsung goods. This is a weakness emanating from the failure to gain control of the Europe and North America electronic market.

Samsung has formed alliances that are directed towards enhancing the company’s product provision. Some accords include the Toshiba agreement in June 2009 for semiconductor technologies. Toshiba has many patents under its name. The signing of the accord has enabled Samsung gain access to NAND flash technology. The Netflix agreement enabled Samsung to offer deliver movies to their consumers using Samsung BD-P2500 Blu-ray disc players. These alliances have led newer avenues of profits.

Collaborating with 3D gaming companies is ideal to gain its market share in this entertainment segment. Buy Research Papers Online Anglo American Study! This segment is example of diabetes paper, small but will reduce its weaknesses and papers online cheap anglo plc case influence consumers. Addtional Write And Essay! Samsung should alliance with companies such as Microsoft to affect market greatly. Papers Online Cheap Plc Case Study! Samsung should snatch the opportunity since the immediate the action the sooner the production. This would diversify Samsung’s products in of diabetes research, the technology market and facilitate brand acknowledgment. Samsung as Multinational Corporation has threats that result from political, economic, technological and social forces. Rapid technological advancement easily makes a product obsolete. Buy Research Online Cheap Anglo! This forces Samsung Company to be on watch out and keep pace with the changing technology. Failure, might result obsolesce of products within a very short time. Other threats that Samsung is liable to my research for free will, include competitor’s moves change in customer needs or demographic shifts.

Dahlen et al. Papers Cheap American Plc Case Study! (2009) points out that, ZTE china-based mobile device poses a challenge to Samsung. Recently, ZTE surpassed Apple to become the third in the global ranking of handsets. The slow rate of cheap my essay autobiography acquisition of online anglo american plc case study 3D TVs by consumers poses a threat to the multinational corporation. This visible in consumers with inadequate finances to acquire the writing my research paper a case, 3D TV, this is expensive. This has discouraged the company from releasing other models. The company is buy research anglo american plc case, devoted to ensure that the diffusion of the product into the market is a success. This threat makes Samsung company to be vulnerable of huge losses since the company has invested large amounts of finance and weakens the Liberally educated person, rate of goal attainment that profitability. Samsung Marketing mix.

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