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dynamic business law

Business Law And The Legal Environment 9th Edition Jeffrey F Beatty, Susan S Samuelson - Solutions

. The year is 1964. Ollie’s BBQ is a family-owned restaurant located on a state highway in Georgia, 11 blocks from an interstate highway. The restaurant does not allow African-Americans to eat inside; they must get takeout. More than half of the food served in the restaurant had passed through
. A state statute prohibits advertising by any sexually oriented business within 1 mile of the state highways. The state argues that the law protects minors and reduces prostitution. The businesses object, claiming that it is an impermissible restriction on commercial speech. Who should prevail?
. Carter was an employee of the Sheriff’s office in Hampton, Virginia. When his boss, Sheriff Roberts, was up for reelection against Adams, Carter “liked” the Adams campaign’s Facebook page. Upon winning reelection, Sheriff Roberts fired Carter, who then sued on free speech grounds. Is a
. In the landmark 1965 case of Griswold v. Connecticut, the Supreme Court examined a Connecticut statute that made it a crime for any person to use contraception.‘The majority declared the law an unconstitutional violation of the right of privacy.Justice Black dissented, saying, “I do not to
. Which of the following violate the Free Exercise Clause of the Constitution?I. State bans use of peyote (a hallucinogenic drug) in religious ceremonies.II. State prohibits polygamy generally, but a religious group that encourages the practice is affected.III. State erects a monument to the Ten
. Which of the following is true of the origin ofj udicial review?(a) It was created by Article II of the Constitution.(b) It was created by Article III of the Constitution.(c) It was created in the Marbury v. Madison case.(d) It was created by the Fifth Amendment.(e) It was created by the
. Which of the following statements accurately describes statutes that Congress and the president may create?(a) Statutes must be related to a power listed in Article I, section 8, of the Constitution.(b) Statutes must not infringe on the liberties in the Bill of Rights.(c) Statutes must relate to
. On your second day at work at Everhappy Corp., you wear a political button supporting your choice for governor in the upcoming election. Your boss glances at it and says, “Get that stupid thing out of this office or you’re fired.” On the walk home after work, you put the button back on. You
. Greenville College, a public community college, has a policy of admitting only male students. If the policy is challenged under the Fourteenth Amendment, scrutiny will be applied.(a) strict(b) intermediate(c) rational(d) None of these
. Should the law require restaurant employees to know and employ the Heimlich maneuver to assist a choking victim? If they do a bad job, they could cause additional injury. Should it permit them to do nothing at all? Is there a compromise position? What social policies are most important?
. During live national coverage of a Super Bowl half-time show, Justin Timberlake tore off part of Janet Jackson’s shirt, exposing her breast for nine-sixteenths of a second. Television network CBS called it a “wardrobe malfunction,” but the“malfunction” coincidentally occurred just as
. This chapter presents various examples where the law intersects with ethics. Jerry and his friends were rude and refused to help. Artists Cher and Nicole Richie uttered profanity on live national television at a time when children were watching.What are your Life Principles on these issues?
. Revisit the Fox case. Do you agree with the opinion? What would a sensible broadcast obscenity policy contain? When (if ever) should a network face fines for airing bad language?
. Courts generally follow precedent, but in Zarasoff, it did not. Consider the opening scenario based on the Seinfeld season finale. Shou/d Jerry and his friends bear any civil /ega/ responsibility for the carjacking or should a court follow precedent and hold the smug bunch blameless?
. The FDA issued regulations requiring tobacco companies to put graphic warning images on their packages. The mandatory images included a corpse after an autopsy, a smoker’s damaged lung, and a man exhaling smoke out of a hole in his neck, among others. What recourse do tobacco companies have if
. Iseberg, Slavin, and Gross were business partners. After Iseberg forced Slavin out of the business, Slavin told Gross he wanted to shoot Iseberg. Two years later, Slavin did just that, rendering Iseberg a paraplegic. Iseberg sued Gross, arguing he had a duty to warn his former partner of the
. Federal antitrust statutes are complex, but the basic goal is straightforward: to prevent a major industry from being so dominated by a small group of corporations that they destroy competition and injure consumers. Does Major League Baseball violate the antitrust laws? Many observers say that it
. The Aviation Security Improvement Act (ASIA) states that the FAA can refuse to divulge information about airport security. The FAA interprets this to mean that it can withhold data in spite of the FOIA. Public Citizen and the Lockerbie family members interpret FOIA as being the controlling
. In 1988, terrorists bombed Pan Am Flight 103 over Lockerbie, Scotland, killing all passengers on board. Congress sought to remedy security shortcomings by passing the Aviation Security Improvement Act of 1990, which, among other things, ordered the Federal Aviation Authority (FAA) to prescribe
. If information requested under FOIA is not exempt, an agency has to comply with the request.(a) 10 days(b) 30 days(c) 3 months(d) 6 months
. Under FOIA, any citizen may demand information about(a) how an agency operates(b) how an agency spends its money(c) files that an agency has collected on the citizen herself(d) All of these
. When courts interpret statutes, they ask(a) what the words in the statute ordinarily mean(b) what Congress intended the law to do(c) whether or not the law supports good public policy(d) All of these
. Ifa bill is vetoed, it may still become law if it is approved by(a) two-thirds of the Supreme Court(b) two-thirds of registered voters(c) two-thirds of the Congress(d) the president(e) an independent government agency
. A bill is vetoed by(a) the speaker of the House(b) a majority of the voting members of the Senate(c) the president(d) the Supreme Court
. Supreme Court Justice Ruth Bader Ginsburg has cited foreign court rulings and jus cogens to argue against the constitutionality of the death penalty. Should the decisions of foreign courts and international law inform our interpretation of our own Constitution?
. What responsibility, if any, does the United States have to obey international law?Is it any different from other countries’ responsibility to uphold international law?Why or why not?
. Generally speaking, should a country pass laws that seek to control behavior outside its borders? Or, when in Rome, should our companies and subsidiaries be allowed to do as the Romans do?
. The United Kingdom has not signed the CISG. Until recently, major world traders like Japan and Brazil had refused to sign. Imagine that you are a legislator from one of these countries. What might your objections be to ratifying a treaty on sales law?
. After the 9/11 terrorist attacks, the U.S. government imprisoned suspected terrorists in Guantanamo Bay, Cuba. Officials argued that these detainees did not enjoy constitutional rights because they were not on U.S. soil, even though they were held by Americans. Are the freedoms guaranteed by the
. Should the United States be bound by the rulings of international tribunals like the WTO and the ICJ? On one hand, sovereignty demands that others do not meddle in domestic affairs, especially laws. On the other hand, the United States was a founding member of both the WTO and the ICJ. If it
. Chateau, a Canadian winery, contracted over the phone to buy 1.2 million wine corks from Sabate USA, the U.S. subsidiary of Sabate France. The parent company shipped the corks from France to Canada, along with a pre-printed invoice. The invoice contained a forum selection clause providing that
. Boston Scientific (BSC), an American multinational, hired Carnero to work in its Argentine subsidiary. Carnero was paid in pesos, and his contract was governed by Argentine law. After BSC fired Carnero, he sued in the United States, claiming that the company terminated him for blowing the whistle
. Many European nations fear the effects of genetically modified foods, so they choose to restrict their importation. The EU banned the entry of these foods and subjected them to strict labeling requirements. Does this policy contravene the principles of GATT/WTO?
. The Instituto de Auxilios y Viviendas is a government agency of the Dominican Republic. Dr. Marion Fernandez, the general administrator of the Instituto and Secretary of the Republic, sought a loan for the Instituto. She requested that Charles Meadows, an American citizen, secure the Instituto a
. A Saudi Arabian government-run hospital hired American Scott Nelson to be an engineer. The parties signed the employment agreement in the United States. On the job, Nelson reported that the hospital had significant safety defects. For this, he was arrested, jailed, and tortured for 39 days. Upon
. Austria, Indonesia, and Colombia are all members of the WTO. If Austria imposes a tariff on imports of coffee beans from Colombia, but not from Indonesia, is it in violation of WTO principles?(a) Yes, the WTO prohibits tariffs.(b) Yes, the WTO prohibits excise taxes.(c) Yes, Austria is violating
. Lynn is an author living in Nevada. She contracted with a company in China, which promised to translate her children’s books into Mandarin. After receiving Lynn’s payment, the company disappeared without performing. Lynn wants to sue, but the contract does not say anything about which
. The U.S. president negotiates a defense agreement with a foreign government. ‘To take effect, the agreement must be ratified by which of the following?(a) Two-thirds of the House of Representatives(b) Two-thirds of the Senate(c) The Supreme Court(d) A majority of Congress
. For which of the following activities can a foreign sovereign be sued?(a) Operating a factory dangerously(b) Issuing a law that discriminates against a certain group(c) Suspending the civil rights of its people(d) ‘Taxing its citizens
. Carlos was a plant manager at a factory that used a lot of steel equipment. When a piece of equipment failed and was not worth repairing, it was sold for scrap.Plant managers usually kept the scrap money for themselves without telling headquarters. That money was considered an unofficial bonus.
. Wei was working on a trading desk. One year, his team did not make its number, which ordinarily would mean no bonuses and perhaps some people would be fired. But Wei’s boss was a good friend of the head of the division, who agreed to“reallocate” some of the profit from other teams to
. What percentage of your income should you donate to charities? Which charities are most worthwhile? Peter Singer, a Princeton professor, argues that people should give away one-third of their income to worthy charities. But, when entertainment mogul David Geffen donated $100 million to renovate a
. Many socially responsible funds are now available to investors who factor their values into their investment choices. For example, the Appleseed Fund avoids tobacco products, alcoholic beverages, gambling, weapons systems, and pornography.The TIAA-CREF Social Choice Equity Premier Fund invests in
. Craig Newmark founded craigslist, the most popular website in the country for classified ads. Rather than maximizing its profits, craigslist instead focused on developing a community among its users. It was a place to find an apartment, a pet, a job, a couch, a date, a babysitter, and, it turned
. You are negotiating a new labor contract with union officials. The contract covers a plant that has experienced operating losses over the past several years. You want to negotiate concessions from labor to reduce the losses. However, labor is refusing any compromises. You could tell them that,
. Many people enjoy rap music, at least in part, because of its edgy, troublemaking vibe. The problem is that some of this music could cause real trouble. Thus, Ice-T’s song “Cop Killer”-generated significant controversy when it was released.Among other things, its lyrics celebrated the idea
. Darby has been working for 14 months at Holden Associates, a large management consulting firm. She is earning $95,000 a year, which sounds good but does not go very far in New York City. It turns out that her peers at competing firms are typically paid 20 percent more and receive larger annual
. The CEO of Volkswagen set an ambitious goal: to triple sales in the United States and become the largest car manufacturer in the world. Employees listened carefully because the CEO had a reputation for punishing those who did not make their goals. Then the VW engineers realized that the emissions
, Each year, the sale of Girl Scout cookies is the major fundraiser for local troops.But because the organization was criticized for promoting such unhealthy food, it introduced a new cookie, Mango Cremes with Nutrifusion. It promoted this cookie as a vitamin-laden, natural whole food: “A
. A group of medical schools conducted a study on very premature babies—those born between 24 and 27 weeks of gestation (instead of the normal 40 weeks).These children face a high risk of blindness and death. The goal of the study was to determine which level of oxygen in a baby’s incubator
. Should engineers program driverless cars to protect pedestrians or the driver?Who gets to decide? In one study, participants said that, if a car had to choose between ten pedestrians and one driver, it should swerve into a wall, killing the driver and saving the ten people. But when asked what
. The following statement is true:(a) Most people rarely lie.(b) Even people who do not believe in God are more likely to behave honestly after reading the Ten Commandments.(c) Most people are accurate when comparing themselves to others.(d) People make their best-ethical decisions when in a hurry.
. The following statement is true:(a) Milton Friedman argued that a corporate leader’s sole obligation is to make money for the company’s owners.(b) Milton Friedman argued that corporate leaders should consider the well-being of all company stakeholders, not just shareholders.(c) Milton
. Would you approve this promotion if it were not profitable on its own account?How much of a subsidy would you be willing to grant?
. How important is it to improve the image of these sellers? Would this promotion do so?
. If you were an executive at Clarins or a store, what would you want to know before approving this promotion?
. What is your Life Principle? How much profitability (or income) would you be willing to give up to protect children you do not know?
. Does this information make you more likely to buy Disney products or allow your children to watch Disney TV? Less likely to watch Nickelodeon?
. How much advertising and licensing revenue would you be willing to give up to protect children from ads for unhealthy foods? Does your answer depend on how profitable the division is?
. What ethics traps do Disney and Nickelodeon face?
. What would Mill or Kant have said? What is the result under the Front Page test?
. What obligation did Disney and Nickelodeon have to their young customers? Did they owe anything other than entertainment?
. What is your Life Principle on this issue? Would you be willing to risk your job to protect your employees?
. If Butterfly, Inc. decides to rebuild in Arkansas, should it pay the workers while the center is being rebuilt? If yes, should it pay all workers or just the high-level ones who might leave if they were not paid?
. If you were in Yanni’s position, would you rebuild the plant in Arkansas or relocate overseas?
. Imagine that you personally own shares in Butterfly, Inc. Would you be upset with a decision to rebuild the manufacturing plant in the United States?
. Do you agree with Zoe’s argument that it is the government’s responsibility to create and protect American jobs and that it is a CEO’s job to increase shareholder wealth?
. What ethics traps does Yanni face in this situation?
. What is your most powerful and persuasive response to the reasons and rationalizations you need to address?
. What levers can you use to influence those with whom you disagree?
. What is at stake for the key parties, including those with whom you disagree?
. How would you convince the CEO of your company to take the steps you think best? What arguments would you have to counter? What reasons and rationalizations would you have to address?
. What Life Principle would you apply? What would you do?
. What ethics traps do they facei n making a decision?
. Exxon Mobil, Dow, and DuPont are all members of the American Chemistry Council.What would Mill and Kant recommend that executives of these companies do?
. What would you say to someone who argues that the goal at work is to make as much money as possible, but at home it is to be a kind and honorable human being?
. Wierdsma’s woes were reported in major newspapers, and his statement about lying to a federal agency was on You Tube. Do these facts change any of your answers?
. GEO runs prisons and immigration facilities for the government. Does that fact change any of your answers?
. Would you fire a warehouse worker who behaved this way? How high in the hierarchy does an employee have to be for this behavior to be forgiven?
. Which is worse—Wierdsma’s threatening his daughter-in-law or stating that it is acceptable to lie to a federal agency?
. If you were the CEO of Thomas Wierdsma’s company, would you fire him? Impose some other sanction?
. What is your Life Principle? What behavior are you willing to tolerate in the interest of profitability?
. What ethics traps might Wierdsma’s boss face?
. What would Kant and Mill say is the right thing to do in this case? What is the result under the Front Page test?
. What is Luke’s most powerful and persuasive response to the reasons and rationalizations he needs to address?a. In the end, Luke used all of these arguments and also said, flatly, that he was not going to lie to the customer. He persuaded the CFO to allocate additional funds to buy and install
, What is your most powerful and persuasive response to the reasons and rationalizations you need to address?
. What levers can you use to influence those with whom you disagree?
. What is at stake for the key parties, including those with whom you disagree?
. Do you have the same rule when lying to protect yourself, as opposed to benefiting others?
. What is your Life Principle about telling lies? When is making a misrepresentation acceptable? To protect someone’s life or physical safety? To protect a job? To protect another person’s feelings? ‘To gain an advantage? When others are doing the same? When it makes sense from a cost-benefit
. What if Rob pays back the loan without incident? Was the lie still wrong? Do the ends justify the means?
. What rationalizations might Rob use?
. Who would be harmed by this lie?
. Should Rob file loan documents with the bank knowing the dentist has lied?
. What else could the employee have done?
. Over the longterm, did this problem get better or worse? Who was harmed by his decision?
. Besides a short-term perspective, what other ethics traps did this employee face?
. Imagine that, at your work, you know that someone 1S:e Lying on an expense account e Wrongly booking sales that have not yet occurred e Sexually harassing staff members What is your ethical obligation? What would you do, under what circumstances?
. Why was Autrey more likely to act than the crowds watching Han?
. Is there anything wrong with accepting these gifts?

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