Read the fact summaries and answer the five questions below. Please explain your answers thoroughly.

Each answer should be 3-7 sentences,

1,)

Catelyn works for Ross&White, a large marketing firm. Catelyn is an at-will employee. For the most part, Catelyn likes her job, but lately she has experienced some pitfalls. Catelyns boss recently told her the report she worked on for months was sub-par and that she will have to spend a number of extra hours reworking it. One day later, Catelyn learns that her office-mate, Jen, who has much less experience than Catelyn, received a promotion. Catelyn was particularly disappointed because she needed the extra money from the promotion in order to pay her debts. In a fit of anger and frustration after she gets home, Catelyn posts on her Facebook account disparaging her company, co-worker, and boss. Catelyn has a private Facebook account, accessible to only a handful of friends and family, none of whom work for Ross&White. Unfortunately for Catelyn, her uncle reposts one of Catelyns rants to his public FB account.

If Ross&White receive copies of Catelyns private Facebook posts from a person who has access to the uncles public account and terminate Catelyns employment as a result, does Catelyn have any legal recourse against the company? Why or why not?

What if Catelyns posts were solely about her and her co-workers discussions regarding the firms compensation practices. If Catelyn had been fired based on these posts, would that change your answer above?

2.)

The 21st Amendment to the US Constitution abolished Prohibition and gave states substantial control over the regulation of alcoholic beverages. Like many states, Massachusetts imposed a three-tier law to control the sale of alcoholic beverages, including wine, within the state. The hallmark of the three tier system is a rigid, tightly regulated separation between producers, wholesales, and retailers of alcoholic beverages. Producers can ordinarily sell alcoholic beverages only to licensed in-state wholesalers. Wholesalers then must obtain licenses to sell to retailers. Retailers must obtain licenses to sell to consumers or to serve alcohol on their premises. Massachusetts changed its laws in 2006 to distinguish between large and small wineries. Under the law, large wineries must work within the three-tier system, while small wineries may elect to to sell directly to retailers or consumers. The law defines small wineries as those that produce fewer than 30,000 gallons of wine. This definition has the effect of excluding those wineries that produce 98% of all wine in the U.S., all of which are located outside of MA, from the ability to sell directly to retailers or consumers in MA. By contrast, all wines produced in MA are from "small" wineries.

Discuss whether this Massachusetts statute violates the dormant commerce clause.

3.)

Watch the video contained in the following link and then answer the following questions:

https://www.viddler.com/embed/6f57e78d/?f=1&player=arpeggio&secret=21155738&make_responsive=0

(Many apologies for this video - it is extremely goofy. You will definitely not see Oscar-winning performances or a stellar screenplay...but it is kind of [unintentionally] funny. Please note that there is one part where it seems like the video is about to venture into very inappropriate territory, but it doesn't. Enjoy!)

A. Who is the principal, who is the agent, and who is the third party in this video?

B. Should the principal be liable for the contract entered into by the agent with the third party? Come up with arguments for both sides of the issue, i.e., construct a legal argument for why the principal should be liable and for why the principal should not be liable using the information in the video (do not add facts to the video).

C. Finally, should the agent be liable for the contract entered into with the third party?

4.)

Paku is an American of Indonesian ancestry who wants to work for Integrity Packers and Movers (IPM), a firm with 60 employees. Paku is well built and is trained in mixed martial arts. However, when he applies for a job at IPM, he is told that he is too short because all employees who work for the firm must be at least five feet seven inches tall. Paku, like most other individuals of the same ancestry, does not meet the height requirement.

Does Paku have a discrimination claim against IPM? What would Paku have to prove to succeed on his claim (if he has one)?

What defense(s) does IPM have?

5.)

Alana, a 20-year-old woman, took a summer job as a lifeguard at the municipal pool in Norman, OK. The City of Norman operated the pool and paid all pool employees. Bill Terry, who worked for the City of Norman and managed all the lifeguards at the pool, hired Alana. Alana was an excellent swimmer and met all the criteria for the lifeguard position.

Throughout the summer, Bill made lewd and degrading comments to Alana and several other female lifeguards. He openly joked about their body types and rated their physical appearance with other male lifeguards. He repeatedly stated he would never hire a female in a supervisory position. Bill also touched Alana and other female lifeguards in inappropriate ways, though he always claimed the contact was accidental. Some days, Alana would treat Bills comments and actions as trivial and play along with him, other days she would walk away from him.

Alana eventually complained to a male co-worker about Bills behavior, but she never made a formal complaint with the City of Norman. While the City of Norman had sexual harassment policies in place, Alana never saw nor was told of the policies. After working throughout the summer months, Alana resigned from her position to return to college. Within 180 days of leaving her position, Alana filed a complaint with the EEOC against the City of Norman (through vicarious liability) for sexual harassment.

What type of sexual harassment claim would Alana bring? What would she have to show to succeed on her claim of sexual harassment? List all the elements of the claim can she meet these requirements?

Does the City have a potential defense to assert with respect to its liability for Bill's actions? Will it be successful?