Questions and Answers of Law Business And Society

Jim is the thirteen-year-old son of Harry. Jim takes Harry’s car on a joy ride and negligently injures George. Whom can George sue?
a. Is there a family-purpose doctrine in your state? If so, what are its components or elements?b. Fred has just bought a used car, but it will not be ready for a week. During the week he is waiting,
Cartwheel the following words:a. crueltyb. supportc. paternityd. sex
a. The statutory code of your state probably has a number of different statutes that deal with “children.” Use its indexes to help you find as many of these statutes as you can (up to a maximum
a. What is the name of the statutory code of your state? (If more than one exists, list each one.)b. Who publishes it?c. How is it updated? By pocket parts? By supplemental pamphlets? Both?d. Give
Break the following rules into their elements:a. § 800.The parties can by mutual agreement elect to terminate their separation agreement.b. § 52.A court of this State shall not exercise its
In each of the following situations, you are given a fact situation plus a rule in the form of a statute. Phrase the legal issue involved in each situation.a. Facts: Len is divorced from Mary, who is
Bill and Pat were married in State A on March 13, 1973, where they continue to live. They have one child, Brenda, age fifteen. Since 1990, Bill and Pat have been having marital difficulties. Bill is
Answer the following questions by going to the nearest large law library to which you have access.a. Give the name of every reporter in the library that will contain the full text of court opinions
Journalist John Snell remarked: “Not long ago you couldn’t turn around in cyberspace without bumping into a tech geek. Now you’re no more than a mouse click away from a lawyer. Attorneys are
Lloyd was a Drake University security guard on duty at the university’s annual streetpainting event. A student informed Lloyd of an apparent altercation between a football player, Joseph, and a
Does the market share held by the defendant threaten competition? How large that share must be to raise monopoly concerns depends on a variety of considerations, including how fragmented or
In 2016, Seattle, Washington raised its minimum wage to $16. A 2017 study found that jobs and work hours fell for the city’s lowest-paid employees. This study’s findings differ from past studies
Rodrigues was fired in 2006 by The Scotts Company, the lawn care giant, because a required drug test revealed nicotine in his urine. Company policy forbade employee smoking both on and off the job.
A company runs credit checks on applicants for senior executive and financial positions. Among the “red flags” are bankruptcy filings, delinquent child support payments, and wage garnishments.
Should faculty at private universities be allowed to unionize, or are faculty members more like “managers” at the university? How about student teaching and research assistants? Discuss. See
The United States exports its values structure in a variety of ways, including through the extraterritorial application of its laws. For instance, American firms must maintain Title VII standards
In this Fair Labor Standards Act (“FLSA”) action, Plaintiffs assert they were wrongfully denied overtime compensation during a one year period in which they worked as Senior Sales
The selection of a particular form is often driven by the founders’ preferences for the characteristics previously discussed and by market realities. With the availability of LLCs, LLPs, and S
There are several ways to acquire control of a corporation. Where mergers or direct acquisitions fail, a tender offer (also called a takeover) can be attempted. Alternatively, the person seeking to
Assume two fertilizer dealerships, Grow Quick and Fertile Fields, hold 70 percent and 30 percent, respectively, of the fertilizer business in the farm community of What Cheer, Iowa. Assume the owner
The Microsoft case demonstrated that the power of a tech giant can be trimmed thereby clearing the way for new entrants and innovation, while yet preserving Microsoft itself as a great tech
Assuming a threatening market share is established, the next requirement is proof of an intent to monopolize. Remember that a monopoly finding requires a showing of both market power (structure) and
Lina Khan, writing in Politico, argued that the federal government should be concerned about threats to competition from online “platform monopolies” such as Amazon, Facebook, and Google. Khan
The central theme in this chapter is increasing corporate concentration and consolidation and the damage that arguably arises from that trend. a. Make a list of societal harms that antitrust
How can a merger benefit society?
Two female music students at Boston University (BU) individually brought concerns about their male professor, a renowned musician, to the attention of administrators in the BU College of Fine Arts.
Hershey Company Retail Sales Representatives (RSRs) were classified as exempt under the Fair Labor Standards Act (FLSA), and Hershey never paid hourly compensation to RSRs for any overtime they
Honeywell employed Randy Landin from 1977 to 1979 and from 1984 to 1988. From 1979 to 1984, Landin was imprisoned for the strangulation death of Nancy Miller, his Honeywell co-worker. On his release
Whigham was employed as the Director of Creative Solutions at a marketing, advertising, and public relations company that sought to cultivate an enjoyable work atmosphere. Whigham proposed the idea
Carr alleged that her coworker at Sanderson Farms, Webb, deliberately struck her with a pallet jack multiple times. Carr also alleged that prior to this incident, while she and Web were away from
Blockbuster, a video rental store chain, had a grooming policy only for men forbidding long hair. The store fired four men who refused to cut their hair. Did Blockbuster violate Title VII?
Hooters, a restaurant chain with scantily clad female waitresses, maintained an “Image Policy” that required waitresses’ hair to be “styled and glamorous,” and not appear “bizarre,
Dreves was terminated from her $48,500 job as a general manager of Hudson’s retail operation at Burlington International Airport and replaced by Dixon, a male, at a salary of $52,500. Dreves filed
Victoria Pietras, a female probationary volunteer firefighter of the Farmingville Fire District, had passed the written and medical exams to become a volunteer firefighter. However, she failed a
Matthews, a Black woman, applied for a job as Economic Support Specialist in Waukesha County, Wisconsin. She was not hired. The applicants were separated into four groups based on their prior job
Reeves, who has Down Syndrome, was employed by a supermarket as a bagger for eight years. He received vocational tutoring and individual training from Jewel and a social service agency. Jewel created
As part of an organizing campaign at a Jimmy John’s sandwich-shop franchise, workers organized a sick leave campaign. The franchise’s handbook stated that it did “not allow people to simply
The collective-bargaining agreement between Ralphs Grocery and United Food & Commercial Workers Union Local 135 contained a union security clause. The union sent a new employee of Ralph’s, a
A crew member of the Havertown, Pennsylvania, Chipotle responded to a customer’s tweet, “Free chipotle is the best thanks,” by tweeting, “nothing is free, only cheap #labor. Crew members only
An employer, Ashley Furniture of Arcadia, Wisconsin, instructed its employees not to discuss such workplace issues as disciplinary infractions, the expiration of an employee’s work permit, or the
A Walmart store policy prohibited solicitation during employees’ work time regardless of the cause or organization. An employee came to the store while off-duty with union authorization cards,
LaDonna, who drove a route for a vending machine company, mentioned to her fellow driver, Steve, that she had seen an employment ad online for a route driver, speculating that it had been posted by
The Fight for $15 campaign launched by a labor union has helped raise the minimum wage in New York, California, and some municipalities. What are the arguments both for and against a minimum wage
During a strike resulting from the failure to reach a collective-bargaining agreement, Pan American Grain laid off 15 striking workers, citing changing labor needs “due to economic reasons and as a
Echlin received treatment at PeaceHealth medical center but failed to pay for those services despite several requests. PeaceHealth contracted with CCI, a purported collection agency, to send
A 2013 study found that over 4,400 children per year receive hospital care for injuries suffered at amusement parks and water parks, and 29 deaths from amusement rides were reported from 2010 to
In 2018, less than 10 percent of Americans were “underwater” on their home mortgages; that is, they owed more than their homes were worth. At the bottom of the Great Recession, about 30 percent
Perhaps you are among the masses of Americans who are annoyed by the seeming epidemic of underfilled potato chip bags and candy boxes and over-iced cold drinks. Starbucks was sued in 2018 on the
Evan Parent sued MillerCoors for deceptively marketing its Blue Moon Belgian-style beer in violation of California consumer protection and false advertising laws. Parent argued that MillerCoors was
Thomas Friedman, in his 2005 book, The World Is Flat: A Brief History of the Twenty- First Century, argues that countries with connected manufacturing supply chains won’t go to war with one
a. Why do you think China, one of the most communist of nations, wanted to join the WTO?b. Would it surprise you to learn that Iraq, Iran, and Syria, while not currently WTO members, are all formally
In Doe v. Nestle USA, Inc., three former child slaves brought claims under the Alien Tort Statute against a number of defendants alleging they aided and abetted child slavery by providing assistance
In 2016, the WTO ruled that a tax break given by Washington State for the aerospace industry was a prohibited subsidy. The tax cut was agreed to when Boeing was considering where to establish a new
In 2016, 21 teenagers sued the federal government, alleging that it allowed, and even encouraged, carbon emissions to increase over the past 50 years and that the government’s actions, and its
Consider the politics of environmental law. The Obama Administration utilized administrative rulings such as the Clean Power Plan rule in order to promote environmental protections in the absence of
The Dakota Access Pipeline controversy highlights the issues of environmental justice that plague Native Americans. Although 99 percent of the pipeline had been constructed, the Standing Rock Sioux
Professor and business ethics scholar Norman Bowie:Environmentalists frequently argue that business has special obligations to protect the environment. Although I agree with the environmentalists on
William Tucker said: [Environmentalism is] essentially aristocratic in its roots and derives from the land and nature-based ethic that has been championed by upper classes throughout history. Large
Airplanes are a significant contributor to greenhouse gases. Comment on the following proposal: Each person receives an annual allowance for flights, fuel, gas, and electricity. If a person’s use
In general, does the American value system favor “cheaters” who win in life’s various competitions over virtuous individuals who “lose” with regularity? Explain.
Until September 2016, Wells Fargo Bank had enjoyed a successful strategy: bank branches were a shop, and the financial products it sold were retail goods. Then Wells Fargo faced nearly $185 million
Harvard Professor Eugene Soltes, author of the 2016 book, “Why They Do It: Inside the Mind of the White-Collar Criminal,” shared that the main challenge faced by most of the notorious
Mike Hashimoto, assistant editorial page editor of the Dallas Morning News, wrote: I get as mad as the next person at the minivan driver cruising along 5 mph below the speed limit in the left lane,
In 1992 Congress enacted the Professional and Amateur Sports Protection Act (PASPA), which made it unlawful for a State or any of its subdivisions “to sponsor, operate, advertise, promote, license,
Notwithstanding the rather robust and widespread deregulation efforts in recent decades, the larger trend in the United States over the past 50 years, and particularly since the Great Recession, has
The Heritage Foundation’s 2020 global Index of Economic Freedom generally demonstrates that the nations most successful in increasing their economic freedom (by reducing taxes and so forth) enjoy,
Even after agency rules become final, they can be challenged in court. On August 24, 2018, the EPA published a notice of proposed rulemaking that would, among other things, revoke the waiver
How would you support the argument that the “invisible hand” of the market Adam Smith envisioned is not neutral because our hands are not equal?
The National Association of Home Builders announced in 2016 that the cost of compliance with rules for home building had increased by 30 percent over the previous five years. State and local
The enabling legislation Congress enacts when creating an agency sets forth general goals to be achieved, such as protecting the environment or maintaining well-functioning securities markets. It may
In 2012, a Connecticut woman dropped from her harness to her death while parasailing near Pompano Beach, Florida. Such deaths are unusual, apparently no more than a few dozen worldwide over the past
Although frustrating and imperfect, government regulation often leads to better lives. We notice, for example, that seat belt use in 2016 reached a record high with 90.1 percent of motorists buckled
Section 706 of the federal Telecommunications Act of 1996 requires the FCC to “accelerate deployment” of high-speed Internet access to all Americans by “removing barriers to infrastructure
a. In general, do you trust our government in Washington, D.C.? Explain. b. More specifically, do you trust the federal agencies we have been discussing in this chapter, including, for example,
When a corporation wants to sell a new security (whether debt or equity) through the public capital markets, if the corporation (issuer) and any of the persons to whom the security is offered
WeWork was founded in 2010, principally by CEO Adam Neumann, who was then a 30-yearold with little business experience. The company intended to disrupt the commercial office industry by acquiring
Pacific Gas and Electric (PG&E) is the largest utility in the U.S., delivering electricity and natural gas to 16 million customers across 70,000 square miles of California. In 1996 and 2006,
Locate the March 3, 2019, SEC complaint against Volkswagen in the Enforcement section of the agency’s web page (www.sec.gov/litigation/litreleases/litrelarchive/litarchive2019.shtml). Describe the
Under state law, corporations are legal persons. This raises the question of whether they have constitutionally protected rights. Over the years, the Supreme Court has held that sometimes they do5
One of the most controversial issues in recent years has been proxy access. As previously discussed, although it is possible for dissatisfied shareholders to wage a proxy fight, it is usually not
In 2001, Elizabeth Holmes entered Stanford University as a chemical engineering major, dreaming of becoming the first female high-tech startup billionaire. In the summer after her freshman year, she
The federal law governing initial securities offerings is the Securities Act of 1933 (1933 Act), which is administered by the Securities and Exchange Commission (SEC). The 1933 Act seeks to: (1)
Shareholder activism originated in the 1980s. One form, associated with the so-called corporate raider, involved engaging in a hostile takeover (acquiring control of a company in the face of strong
Blue Bell Creameries, one of the country’s largest ice cream manufacturers, suffered a listeria outbreak in early 2015, causing the company to recall all of its products, shut down production at
Neither exempt securities nor exempt transactions require full registration with the SEC. The most common exempt securities are those issued by governments, charities, and financial institutions like
On December 21, 2016, Odebrecht SA, a Brazilian company and Latin America’s largest construction firm operating in 27 countries, admitted violating the FCPA and agreed to the largest anticorruption
Once a security is issued, it can be sold repeatedly. Such sales may be accomplished on a physical exchange, such as the New York Stock Exchange (NYSE), where agents of buyers and sellers deal
Becoming the subject of a bribery investigation can lead to extraordinary reputational damage and enormous cost. Boards are, as a result, increasingly devoting attention to detecting bribery and
The level of corporate debt has increased to the point that warnings are being sounded by credit rating agencies, international finance organizations, and others (such as former Federal Reserve
Omnicare, the nation’s largest provider of pharmacy services to nursing homes, filed a registration statement containing several sentences of which the following is representative: “We believe
Investors have always had some interest in the amounts corporations spend on political activities; but with the dramatic increase resulting from the 2010 Supreme Court decision in Citizens United,
Debt capital may be short- or long-term. Companies that provide motherboards to Dell are a source of short-term debt capital. They expect to be paid fairly quickly, but not at the moment of delivery.
As will be discussed further in Part Three of this chapter, one of the primary purposes of the securities laws is to ensure that market participants have all the information they need to make sound
Perhaps the greatest deterrent to misconduct in the securities laws is the civil liability that can be imposed on wrongdoers by harmed investors. The 1933 Act’s Section 11 establishes this
In 2019, the SEC held Nissan liable for “disclosures about compensation [that] were false [and that] misled investors.” The company had concealed $140 million of the CEO’s retirement benefits.
Prior to December 20, 1978, Basic Inc. was a publicly traded company primarily engaged in the business of manufacturing related to the steel industry. As early as 1965, Combustion Engineering, a
Businessmen who say that business is not concerned “merely” with profit but also with promoting desirable “social” ends, such as providing employment, eliminating discrimination, avoiding
The assets clients have entrusted to us are mostly invested for long-term goals such as retirement. As a fiduciary, BlackRock engages with companies to drive the sustainable, long-term growth that
Three Harvard Business School professors, Michael Porter, George Serafeim, and Mark Kramer, make a powerful case that shared value is not created unless ESG factors are integrated into a business’s

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