Author: WaelBadawy
How can we make our Advertising as Effective as Possible.
The answer is to test. Test again. And then test some more. If ad ìAî receives a two percent response rate, and ad ìBî receives three percent, then we can deduce that ad ìBî will continue to outperform ad ìAî on a larger scale.
Testing takes time, however, and can be expensive if not kept in check. Therefore, itís ideal to start with some proven tested known ideas and work from there.
For example, if testing has shown for decades or more that targeted advertising significantly outperforms untargeted advertising (and it does), then we can start with that assumption and go from there.
If we know based on test results that crafting an ad that speaks directly to an individual performs better than addressing the masses (again, it does), then it makes little sense to start testing with the assumption that it does not. This is common sense.
So it stands to reason that knowing some basic rules or techniques about writing effective copy is in order. Test results will always trump everything, but itís better to have a starting point before you test.
Sometimes a little tweak here or there is all that is needed to increase response rates dramatically.
When a prospect reads your ad, letter, brochure, etc., the one thing he will be wondering from the start is: ìwhatís in it for me?î
And if your copy doesnít tell him, itíll land in the trash faster than he can read the headline or lead.
A lot of advertisers make this mistake. They focus on them as a company. How long theyíve been in business, who their biggest customers are, how theyíve spent ten years of research and millions of dollars on developing this product, blah, blah.
Actually, those points are important. But they should be expressed in a way that matters to your potential customer. Remember, once heís thrown it in the garbage, the sale is lost!
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How to Brief a Case Using the “IRAC” Method
When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference for review. Most importantly, by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion). You will then be ready to not only discuss the case, but to compare and contrast it to other cases involving a similar issue.
Before attempting to “brief” a case, read the case at least once. Follow the “IRAC” method in briefing cases:
Facts*
Write a brief summary of the facts as the court found them to be. Eliminate facts that are not relevant to the court’s analysis. For example, a business’s street address is probably not relevant to the court’s decision of the issue of whether the business that sold a defective product is liable for the resulting injuries to the plaintiff. However, suppose a customer who was assaulted as she left its store is suing the business. The customer claims that her injuries were the reasonably foreseeable result of the business’s failure to provide security patrols. If the business is located in an upscale neighborhood, then perhaps it could argue that its failure to provide security patrols is reasonable. If the business is located in a crime-ridden area, then perhaps the customer is right. Instead of including the street address in the case brief, you may want to simply describe the type of neighborhood in which it is located. (Note: the time of day would be another relevant factor in this case, among others).
Procedural History*
What court authored the opinion: The United States Supreme Court? The California Court of Appeal? The Ninth Circuit Court of Appeals? (Hint: Check under the title of the case: The Court and year of the decision will be given). If a trial court issued the decision, is it based on a trial, or motion for summary judgment, etc.? If an appellate court issued the decision, how did the lower courts decide the case?
Issue
What is the question presented to the court? Usually, only one issue will be discussed, but sometimes there will be more. What are the parties fighting about, and what are they asking the court to decide? For example, in the case of the assaulted customer, the issue for a trial court to decide might be whether the business had a duty to the customer to provide security patrols. The answer to the question will help to ultimately determine
* This applies to case briefs only, and not exams. Use the IRAC method in answering exams: Issue/Rule/Analysis/Conclusion.
whether the business is liable for negligently failing to provide security patrols: whether the defendant owed plaintiff a duty of care, and what that duty of care is, are key issues in negligence claims.
Rule(s):
Determine what the relevant rules of law are that the court uses to make its decision. These rules will be identified and discussed by the court. For example, in the case of the assaulted customer, the relevant rule of law is that a property owner’s duty to prevent harm to invitees is determined by balancing the foreseeability of the harm against the burden of preventive measures. There may be more than one relevant rule of law to a case: for example, in a negligence case in which the defendant argues that the plaintiff assumed the risk of harm, the relevant rules of law could be the elements of negligence, and the definition of “assumption of risk” as a defense. Don’t just simply list the cause of action, such as “negligence” as a rule of law: What rule must the court apply to the facts to determine the outcome?
Application/Analysis:
This may be the most important portion of the brief. The court will have examined the facts in light of the rule, and probably considered all “sides” and arguments presented to it. How courts apply the rule to the facts and analyze the case must be understood in order to properly predict outcomes in future cases involving the same issue. What does the court consider to be a relevant fact given the rule of law? How does the court interpret the rule: for example, does the court consider monetary costs of providing security patrols in weighing the burden of preventive measures? Does the court imply that if a business is in a dangerous area, then it should be willing to bear a higher cost for security? Resist the temptation to merely repeat what the court said in analyzing the facts: what does it mean to you? Summarize the court’s rationale in your own words. If you encounter a word that you do not know, use a dictionary to find its meaning.
Conclusion
What was the final outcome of the case? In one or two sentences, state the court’s ultimate finding. For example, the business did not owe the assaulted customer a duty to provide security patrols.
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Content marketing is in use everywhere
Content marketing has been lapped up by both internet marketers and online surfers. Using this media allows one to express his ideas and allows the other to read and enjoy. No wonder there are more and more people signing up each day to blog sites and people are publishing relevant articles on their websites in a bid to attract more and more
people.
Content marketing is in use everywhere because it is only the words that allow explaining. Different channels use different types of content marketing, be it the newsletter, email marketing, blogging, publishing, website content, etc. Content is in demand everywhere.
Content marketing is virtuous by its own nature, firstly because it has the power of attracting traffic long after the content has been published. More traffic will continue if the content is good and has something visitors find interesting. Content needs to be interesting and informative however, if you want the visitors to continue coming in.
So how will you attract traffic to your website using content marketing?
Include links, this it is obvious all content you publish should contain related links which take the reader to your website. However, unabashed advertising of products has not yet been looked upon kindly by the ezine public. This attitude towards advertising is right and does keep the spirit of informative advertising afloat.
It is important to maintain information levels when using content marketing. While browsing many of us have come across articles which have practically no informative value. Obviously if you want to write more articles on the same subject, slowly the matter diminishes and what remain to be filled are the futile words.
Spinning content can provide some respite from this problem, but it is necessary that you do not publish these articles with same ezine, instead make sure the information rich rewritten articles reach as many article directories as you can. The above can help you maintain information level and attract a lot of visitors from different directories.
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Creating a Effective and Informative Booklet is the Key for a Successful Booklet
Booklet is a promotion tool used by companies to market their products and services. Booklets is a information documents usually printed in colors, The different types of booklet are pamphlets, leaflets, catalogs, annual reports and guides to name a few.
While designing a booklet from a business perspective you have to keep in mind the layout, imposition and its printing. You should be very careful while planning your booklet. The margin in the booklet should have enough room to insert the holes for binding. Choose a two color or four colors for your booklet which will workout cheap on a low budget.
Booklet cover :- Booklet covers speaks a lot about your company do a research while choosing images and photographs for booklet cover preferably have images related to your business products and services. Donít send wrong signals to customers having some vibrant images which are misleading.
Create a booklet which is neat and informative having just some graphics wonít help you booklet been marketed properly. While typesetting the font have a bright background with dark letter which will be easy and better to read. Always try to have a light background dark letters and dark background with light letters.
Always make the booklet simple have 2 or 4 pages with all information on it rather than having 10 pages. A person just takes couple of minutes to read a booklet by the time you should be able to leave an impression about your company in the reader mind.
Specification of a booklet layout design While printing a booklet keep in mind the common sizes booklet comes out they are 8.5 x 11, 8.5 x 14, 11 x 7 booklets.
Choosing the printer is the final step of the booklet design process. Always try to get a printer who meets your deadline of delivery of the finished printing material. Check the printer has latest equipments for printing your booklet by a professional way.
So creating a effective and informative booklet is the key for a successful booklet design.
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Alternative dispute resolution (ADR) in the Arab world
Alternative dispute resolution (ADR) mechanisms in the Arab world have been growing hand in hand with the resurgence of various countries as members of the fast growing club of successful emerging markets. The flexibility of arbitration, mediation and other ADR methods, as well as their speed, efficiency and confidentiality, have made them more attractive to investors and parties in contracts of an international nature. Consequently, a significant number of Arab countries have been busy updating and enhancing their laws and regulations on arbitration and mediation in particular. There is momentum behind ADR in the region.
Furthermore, the global economic downturn has led to a significant increase in the number of disputes in various sectors, and this in turn has provided an impetus behind the need to enhance the procedures applied by the various arbitration centers in the Arab world.
This development is not solely linked to the realities of modern commerce. In fact, the conciliatory approach and the notion of deferring to a neutral and objective personality for a decision, that ultimately underline all forms of ADR, are well steeped in Arabic and Islamic traditions.
There are at least two verses in the Koran that sanction the notion of arbitration and mediation. Furthermore, one of the most famous stories of the Prophet Mohammad’s early life involved him being chosen by feuding tribes, who could not agree on a vital element of the reconstruction of the Ka’aba, to resolve the dispute. The Prophet bridged the gaps between the quarreling parties by suggesting an original solution that was essentially a win-win for all. Other examples of arbitration and mediation abound in Islamic history.
At the outset, let us distinguish between mediation and arbitration. There are a number of differences between those two mechanisms.
Firstly, these methods differ in terms of the role of the appointed third party; in arbitration, an arbitrator is like a judge and his or her decision is final, whereas in mediation, the mediator works to try and bridge the differences between the parties and move them closer a settlement or conciliation. In a sense, mediation is the preferred option when the parties are still attempting to resolve their differences in a way that would allow them to continue their working relationship; whereas, arbitration is usually sought in order to reach a final determination on the overall dispute at the end of the relationship.
Secondly, the authority of an arbitrator is much wider than that of the mediator.
Thirdly, there are differences in terms of time limits, and venue considerations, between the two methods. In essence, arbitration is an attempt to replicate the judicial process but in a manner that is more specialized and streamlined. Mediation is a process whereby the parties agree to nominate a third party who would be tasked with trying to find common ground between the parties and resolve their differences, usually through the organization of meetings which are of a rather informal nature, at least in comparison with arbitration proceedings.
Finally, one of the main advantages of mediation is that it is far less costly than arbitration. In fact, it can be said that the costs of arbitration are its Achilles heel.
***
One of the most significant trends is the adoption of laws that deal specifically with mediation. In Jordan, the Law on Mediation for the Resolution of Civil Disputes was adopted in 2006. The law organizes the process of judicial mediation that takes place at the Court of First Instance. In accordance with Article 3 of the said law, the presiding judge may, upon the agreement of the parties or further to their request, refer the dispute to a mediating judge or a private mediator for the purposes of amicable resolution of the dispute. The mediator is then obliged by law to complete the mediation process within three months of the date on which the dispute was referred to him or her.
A similar development has taken place in the Emirate of Dubai, in the United Arab Emirates. By virtue of Dubai’s Law No. 16 of 2009, a Mediation Centre was established. The Mediation Centre will be annexed to Dubai’s Courts. The Centre is entrusted to review types of disputes that are defined by its Chairman. Disputes will be reviewed and amicably resolved through a number of experts, under the supervision, of the concerned judge, within a period that would not exceed one month from the date of the attendance of the parties before the judge.
The creation of such centers in Jordan and the UAE, as well as the existence of various mediation mechanisms through international organizations such the World Intellectual Property Organization’s Arbitration Centre, is likely to lead to a surge in the use of mediation as a method for the amicable resolution of disputes. This would be a welcome development, as it would entail the effective resolution of so many disputes in a conciliatory and timely manner, well before the matter escalates to reach a court room or an arbitration panel.
As for arbitration, we have also seen a number of positive trends in this regard in the Arab world. On the one hand, the trend towards the effective adoption of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Arbitration Convention) has solidified. The New York Arbitration Convention mainly enshrines the principle that a properly made arbitration award in one member country must be binding and enforceable in another member country, unless the award can be rejected on the basis of certain grounds for refusal of enforcement, which are narrowly defined in the Convention. The Convention also confirms the principle that if a court is presented with a dispute which the parties had agreed to refer to arbitration, then the court must refer the matter to arbitration upon the request of one of the parties.
Historically, the rate of adoption of the New York Arbitration Convention in the Arab world has been good. Jordan was amongst the first countries to adopt the Convention, which came into effect in 1959. Almost all Arab countries have since joined, with Kuwait joining in 1978, Saudi Arabia in 1994 and, more recently, the United Arab Emirates in 2006.
The challenge is to ensure that the exceptions that would allow a member country to refuse the enforcement of an arbitral award are applied in a strict and narrow manner. Under Article V(2)(b) of the Convention, the enforcement of an arbitral award may be refused if “the recognition or enforcement of the award would be contrary to the public policy of that country.” The parameters of what a country regards as “public policy” can be wide. In Saudi Arabia, an arbitration agreement or award is respected provided that it is not contrary to the principles of Shari’a law. Such a limitation falls within the “public policy” exception, but the key lies in the way such an exception is applied.
In the UAE, Articles 235 and 236 of the Civil Procedures Law (Federal Law No. 11 of 1992) confirm the principle that foreign arbitral awards will be enforced in the country, provided a number of conditions are met. These include procedural issues such as the proper notification and representation of the parties before the arbitral tribunal that issues the decision in the foreign country. Also, UAE courts may refuse the enforcement of a foreign arbitral award if it contradicts a previous judgment already issued by a UAE court or if it includes elements that “contradict public policy or morals.”
***
While in the past “public policy” exceptions have been defined in a wide manner that allowed courts to reject a number of foreign arbitration awards in various Arab countries, there is a discernible trend towards limiting the use of this exception, and applying it only in clear cases of contravention of the country’s moral or public policies.
Furthermore, in the recent past, various Arab countries have upgraded their arbitration laws to be in line with international best practices. This is evidenced by the increasing use of the United Nations Commission on International Trade Law (UNCITRAL) Model Law on International Commercial Arbitration. This model law was drafted by the UNCITRAL with a view to assisting countries that seek to improve their laws in such a way as to ensure the best possible procedures for commercial arbitration.
For example, Egypt adopted Law No. 27 in 1994, the Commercial Arbitration Law, which is based on the UNCITRAL Model Law. This aimed to enhance arbitrations procedures and resolve complications that arose under the provisions that dealt with arbitrations in the Egyptian Code of Civil and Commercial Procedures and provide a law dedicated to arbitration. Also, in 1994, Bahrain adopted a new international arbitration law (Decree no. 9/1994) that was based on the UNCITRAL Model Law. In 2008, Syria issued an arbitration law that is based on the Model Law as well.
The UAE is also presently considering a new Federal arbitration law and it is widely reported that the new law would be based on the UNCITRAL Model Law. Once enacted, the new Federal arbitration Law will replace the existing provisions in the Civil Procedures Law.
Finally, there is no greater proof of the growing popularity and importance of arbitration than the increasing use of existing arbitration centers in the region, and the founding of new centers. The Dubai International Arbitration Center (DIAC), whose rules are UNCITRAL based, has proven to be an excellent success. The number of cases that the DIAC is handling has been growing at a very impressive rate. According to one report, while the number of new cases with the DIAC in 2008 was 100, there had been 180 new cases registered with DIAC by August 2009. The Cairo Regional Center for International Commercial Arbitration, which was established in 1979, continues to be a great success.
Earlier in January, Bahrain announced the launch of Bahrain Chamber of Dispute Resolution, in partnership with the American Arbitration Association. It is reported that the Chamber will operate what is being called an “arbitration free zone.”
***
In conclusion, various Arab countries have engaged in an active process of upgrading their arbitration laws and those dealing with other alternative dispute resolution mechanisms. Arab arbitration centers are growing in significance, as more parties resort to the use of their services. These important developments can only serve to facilitate the infrastructure supporting international commercial contracts in the Arab world and, in turn, this will have very positive effects on investment and business growth in our region
Can You Afford To Publish Your Book?
Money blinds. It’s as simple as that. Aspiring authors ask about the money issue all the time, in varying forms, (How much does it cost to publish? How much will I get paid in royalties?, etc.) but they can’t see beyond that issue to think about the thing that will truly decide the money question. And here it is:
What Do You Want From Your Book?
That is the real question! Once you are clear about what you want out of the publishing process, you can decide what route would be the most satisfying–and profitable–for you. When it comes right down it it, you can spend as much or as little as you want on your book. But how much are you willing to spend to get what you want?
When you aren’t clear, you can make poor decisions that won’t line up with your goals. For instance, many authors have a goal of making a lot of money, but they won’t consider self publishing. The fact is that unless you can immediately sell on the level of an Oprah’s Book Club selection or a James Patterson or a Dan Brown, it’s going to take a very long time before your royalties add up to much. When you self publish you take on risk, but you stand to gain much more because you get to keep all the profits (unless your agreement with the publishing company you use is a royalties-based one).
Another strong reason to self publish: you can use your first book to build your platform for a bigger deal with a traditional publishing house in the future. Again, you can choose the self publishing deal that’s right for you. A print on demand company such as Xlibris charges just $500 for a basic package where you can get your book produced and copies made as they are ordered–so no inventory. Of course, when you pay more, you get more: better design, distribution services, maybe even some marketing help.
The Traditional Road
If your dreams of authorship include larger audiences and the literary status that comes of being published by one of the many arms of Random House, Warner or Simon & Schuster, that’s fine–just know that this route isn’t exactly free either. No, you don’t have to pay a traditional publishing house and yes, they do everything for you (design, distribution, some advertising and marketing), but these days a writer is expected to spend a little too on promoting the book. Many writers are even putting the amount they’ve set aside in their book proposals. If you’re serious about marketing your book, you’ll need to set aside at least $10,000. That amount can go as high as $30,000 depending on the amount of travel and other advertising you intend to use.
Smart Money, Dumb Money
Once you understand what you want out of your book, you’ll not only know how much you’re willing to spend, you’ll also know better how to spend it. You can spend it smart or you can spend it dumb. Many writers spend it dumbly because they don’t know what they want. If you’re spending money on educating yourself about publishing, improving your writing skills, hiring a good editor or book consultant, and marketing that will help you reach your specific, targeted reader, that’s all smart money. You will get more out of those dollars than if you had never spent it at all. You are investing in your writing career.
But if you spend money because someone told you this is “the only way you’ll ever get this book published” (and you haven’t researched any other ways), or buy advertising simply because it’s where other books are advertised, or go to writer’s conferences with no clear plan of what you want out of them, or pay agents “reader fees”, or pay editors whose work you don’t know or whose references you haven’t checked, that’s dumb money. You’ll put those dollars out there and see little or no return.
So I guess the bad news is publishing isn’t free. The good news is you have a choice as to how much you spend and where you spend it. Be an educated consumer as well as an educated–and talented–writer. You’ll find that to have a book published in the way you want it published is still in the end–priceless.
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Building An Awesome Audience For Your Book
“The Book Sistah”
I got lucky. The month that I sold my novel was the same month that I started my newsletter, Living the Dream, for my coaching business. I had no idea that as my list of subscribers grew I would have a great platform from which to launch the book 18 months later. Thanks to that list, I was pre-selling my book long before it hit store shelves.
I was cultivating an audience without realizing it. But now I know that having a list is a goldmine, both for selling your book and for getting your book noticed by a publisher. These days if you can prove that you come to the table with a huge audience, a big advance may follow. But how do you get such a list? These tips will help you go from seed to harvest as you grow your group.
1. Start with who you know.
Most of us have some form of list already, either in your email system’s address book or your basic holiday card list that you use once a year. It may be as small as 10-25 or as big as 200-400. Start out by sending a general email letting the people on your list know that you’re getting organized and planning to send out regular notes, newsletters, whatever you plan to send. Give them the opportunity to opt out if they’re not interested. Most will probably stay on since your family and friends are interested in hearing about what you’re up to.
2. Whenever you meet new people, get permission to add them to your list.
At this point in your writing career, it’s essential that you’re out meeting people at least once a month. You can go to networking events, take classes or (and this is the best) do speaking engagements. Non-fiction authors especially should be speaking regularly because you want to establish your expertise in your topic or topics. You can collect business cards when you network or take classes and get people to sign in with their contact information at your event. Make sure you GET PERMISSION and let people know they will be hearing from you via newsletter, etc. It is truly poor form to put people on your mailing list without their knowledge. It’s also called spamming!
I know that signing people up is key because I’ve observed popular authors doing just that. I once attended a reading by E. Lynn Harris because I knew he had a huge–and faithful– readership and I wanted to glean some clues as to how he did it. Sure enough, the room was packed and every single person behaved as though they knew him personally. When it came time to sign books, he made an announcement: he would sign your book if you signed his! He made it clear you would be hearing from him via email, birthday and holiday cards. People were all too happy to sign the list. Brilliant!
3. Find a list service to maintain your list.
You’ll quickly learn, as your list grows, that your email account may not allow you to send mass messages to groups larger than 50-80. Also, it’s not a good idea to only have your list on your computer, you’ll want it backed up elsewhere. The solution: sign on for a list service. You’ll have your database expertly maintained, plus most list services will give you templates and allow you to send out really good looking HTML email messages to your list. You can also get code and links that allow people to sign themselves onto your list from your website. There are many you can try. If you’re not selling products or services, you may not need a shopping cart so Constant Contact may be just the thing for you.
4. Communicate to your list regularly.
You want to keep in touch with the people on your list so they don’t forget about you. The way you do it is up to you. As I said above, E. Lynn Harris sends notes and cards to his list. A colleague of mine sends daily inspirational quotes. I’m a big fan of email newsletters because you can provide news on your activities and useful content for your readers. When you provide content, such as tips for real estate investors, marketing ideas, or even cookbook recipes, you are establishing your expertise. You’re also giving people a good reason to stay on your list–they’re getting good stuff out of it. In the past I have offered discounts on my services, gift certificates for people to give out over the holidays and articles with career counseling and goal-achieving tips. And every issue of Living the Dream also features my book and the stellar reviews it’s received.
5. Generate excitement and anticipation with your list.
When your book is nearing publication, you’ll want to start letting your audience know that it’s coming. You can generate pre-sale orders, alert your list of book reviews as they come out and let your audience know where you’ll be appearing when you start speaking and doing book signings. My book was first listed on Amazon.com about six months before its publication date. I sent out a “special announcement” letting people know it was there and encouraging them to pre-order the book. On that glorious day my book ranked as high as 3,000 on Amazon’s list! I may not be J.K. Rowling, but I think that’s pretty good. Plus, that’s the kind of information that helps distributors sell your book to bookstores. They know you already have an awesome audience just waiting to buy!
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