Questions and Answers of Law Business And Society

Why has the ESG movement come to pass now? Were there fewer human rights abuses 20 or 30 years ago? Was there less gender, ethnic, or LGBT discrimination? Was corporate governance better in 2000 (as
Maher was a Citigroup investment banker with extensive access to sensitive client information. Maher’s brother, Michael, kept pestering him for information he could use to trade while the public
1. Describe what the Foreign Corrupt Practices Act forbids. 2. What phenomenon allows some highly profitable corporations to pay essentially no income tax? 3. What are Certified B
Diversity is increasingly deemed of great importance to ensure a full range of perspectives and capabilities. Among the types of diversity is gender. In 2019, for the first time, every S&P 500
Price robots (bots) are software programs that can quickly search the Internet to find pricing information and, if instructed, automatically use that information to change pricing behaviors. Bots can
A group of former collegiate athletes in football and basketball (men’s and women’s) sued the National Collegiate Athletic Association (NCAA) claiming that NCAA rules limiting financial aid
Establishing price fixing and all other Sherman Act Section 1 violations requires proof that a contract, combination, or conspiracy produced the alleged wrong. Evidence of collusion arises in a
Many manufacturers practice resale price maintenance. Consider contact lenses. Forty million Americans wear them, and they spend about $4 billion annually on those lenses. Approximately 90 percent of
After reading this chapter, what is your judgment about the antitrust system? Should antitrust policy focus exclusively on economic efficiency considerations or should social welfare goals (such as
Equilon Enterprises, LLC (“Equilon”) does business as Shell Oil Products. Equilon’s standard franchise agreement requires its franchisees, Shell and Texaco gasoline stations, to use Equilon to
Plaintiffs are a number of individually owned retail pharmacies. Plaintiffs allege that defendants, five manufacturers of brand name prescription drugs (“BNPDs”), offered discounts and rebates to
Given functionally identical competing products, why is identical pricing virtually inevitable at least over the long run?
Could Whirlpool, the appliance manufacturer, lawfully refuse to deal with any purchaser that sells the products of a competitor such as General Electric? Explain.
Guitar Center, the largest retail seller of musical instruments in the United States, sold guitars and amplifiers manufactured by Fender, Gibson, and three other companies. Guitar Center pressured
The Wall Street Journal: “Teddy Roosevelt busted Standard Oil. The Obama Administration? It’s making the world safe from rapacious piano teachers.” The Federal Trade Commission alleged that the
Until 2009, McWane produced 100 percent of America’s domestically manufactured ductile iron pipe fittings (used to connect municipal water pipes). Star entered the market and captured a 10 percent
In an episode popularly known as “Spygate,” an employee of the New England Patriots National Football League team was caught videotaping New York Jets’ sideline signals, in violation of NFL
In November 2019, Uber was once again in the news for systemic issues that put both its passengers and its drivers at risk. The City of London denied an extension to its taxi operating license under
Rohit Bansal moved in 2014 from his government job at the New York Federal Reserve Bank to Wall Street mega-bank Goldman Sachs, which is regulated by the Federal Reserve. Bansal reportedly had been
In 2007, Congress passed the Kids Transportation Act requiring the National Highway Traffic Safety Administration (NHTSA) to issue specific standards for rear-view visibility by 2011. In December
This is a declaratory judgment action, attacking the constitutionality of Title II of the Civil Rights Act of 1964. [The lower court found for the United States.] THE FACTUAL BACKGROUND AND
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 2009, the federal Family Smoking Prevention and Tobacco Control Act (FSPTCA) became law. It authorized the Food and Drug Administration (FDA) to reduce nicotine levels in tobacco products, banned
The State of Tennessee imposes demanding durational-residency requirements on all individuals and businesses seeking to obtain or renew a license to operate a liquor store. One provision precludes
By mid-April 2020, about 150 of the largest meat processing plants in the United States accounted for at least 2,200 known cases of COVID-19 and 17 deaths, becoming a national concern alongside
The authority of the federal regulatory agencies falls broadly into three categories. Control of Supply.Some agencies control entry into certain economic activities. The FCC grants radio and
In 1996, California decriminalized the doctor-approved medical use of marijuana. The federal Controlled Substances Act (CSA), on the other hand, forbids the use, cultivation, or possession of
Go to www.regulations.gov and search for a regulation in an area of interest to you that is currently open for comment. Review the regulation and answer the following questions: Describe the
In December 2016, 36 people died in a fire during an electronic music concert at the Ghost Ship in Oakland, California, a warehouse that was zoned for commercial use but was used by its leaseholder
Joseph Birdsong and Bruce Waggoner both purchased iPods manufactured by Apple, Inc. Their iPods came equipped with detachable earbuds. Birdsong and Waggoner sued Apple for, among other claims, breach
Underlying the assumption of the risk doctrine is one of the central philosophical themes in this book: To what extent should the law shield us from life’s risks? Departing for a moment from
Widows DeVries and McAfee claimed their husbands died from cancer due to asbestos exposure while serving on Navy ships that included parts produced by Air & Liquid Systems Corp (ALS). Asbestos
Plaintiff Hiram Jimenez appeals from an order entered by the Law Division on December 6, 2013, granting summary judgment in favor of defendants. We affirm. This appeal arises from the following
The Modisette family car was stopped on I-35 in Texas because of police activity ahead. Wilhelm crashed into the Modisettes’ car, severely injuring each family member and subsequently resulting in
Dion drank alcoholic beverages at The Depot Sports Bar and Grill from 2:30 pm to approximately 10:30 pm. He then drove his car and died in a single-car wreck. During his time at The Depot, Dion was
Dani Mathers, a former Playboy model, secretly took a photo of a 70-year-old woman as she changed clothing in the women’s locker room at a Los Angeles gym in 2016. Mathers posted the photo on
Peters told Dier he was the father of her baby. Dier paid child support. Through paternity tests, however, he learned he was not the father. QuestionCan Dier sue Peters for fraud? What
The parents of Jessica Ghawi, who was shot and killed by James Holmes when he opened fire in an Aurora, Colorado, movie theatre, sued Lucky Gunner and The Sportsman’s Guide, from whom Holmes bought
A San Francisco jury in 2018 awarded a former school district groundskeeper, Dewayne Johnson, $289 million ($39 million compensatory; $250 million punitive) in his lawsuit claiming that Monsanto’s
Open the American Tort Reform Association’s (ATRA’s) website: www.atra.org.1. Go to “How States Perform” and click on your state to find a list of its tort reforms. Briefly scan them.2.
Karalee Alaine Williams, an adult, entered a Baytown, Texas, Walmart on nine different occasions over a period of 27 hours in 2016 and bought, in total, at least 60 cans of aerosol dust remover. She
Giant tort awards involving products such as asbestos and breast implants have bankrupted businesses. When we hear about a $4 million punitive damage award against a BMW dealer who sold a physician a
Stephanie Clifford, also known as Stormy Daniels, entered into a confidentiality agreement regarding her alleged sexual relationship with President Trump. That agreement was signed by President
Two parties to a lawsuit exchanged e-mails for several weeks on the subject of a settlement. A lawyer for the defendant, a bank, e-mailed the plaintiff’s lawyer to say that the bank had completed
In 2019, movie director Woody Allen sued Amazon for wrongfully terminating their contract for the production and distribution of four films. Production on one of the films, A Rainy Day in New York,
Plaintiffs Etelvina and Pedro Jimenez appeal from summary judgment in favor of defendant 24 Hour Fitness USA, Inc. (24 Hour). in plaintiffs’ negligence action stemming from a catastrophic injury
Certain agreements are so thoroughly one-sided that fairness precludes enforcing them. Problems of unconscionability often arise in situations in which the bargaining power of one of the parties is
On July 24, 2012, cast members of the popular and Emmy Award–winning television comedy Modern Family filed a breach of contract lawsuit against producer 20th Century Fox, seeking to have their
For about two hours in 2013, the Delta Airlines website advertised $6.90 round-tripflights to Hawaii. Some travelers wait for such mistaken fares, learning of them through airfare websites or social
The Wongs bought a hillside home in San Carlos, California, for $2.35 million from the Stolers. Several months after they moved in, the Wongs discovered they were connected to a private sewer system
When starting a new job, most of us operate for a time in fear that we will make a mistake. Assume you are new to your job as an assistant manager at a custodial company and are preparing the
In 1994, California raisin grape grower Sardul Sihota allegedly promised his son Paul that, if he pursued his education, continued to work on the family’s ranches, and married an Indian Sikh girl,
When necessary to achieve justice, the courts sometimes conclude that a contract exists even though consideration is clearly lacking. Moral obligation and quasi-contract (discussed earlier) are two
Construction worker Brent Loveland showed up at the home of Oklahoma State University football coach Mike Gundy to begin work on a trim installation—wearing a University of Oklahoma Sooners
The 2009 motion picture The Merry Gentleman was considered a commercial failure despite some critical acclaim. The film’s producers sued Michael Keaton, the film’s lead actor and director, and
An occupational therapy graduate student at the University of New England (UNE) injured her back during a practical exam when her instructor, playing the role of a patient, allegedly feigned a fall
Christopher and Melissa had been living together for four years when Christopher proposed marriage to Melissa, buying her an engagement ring worth $10,000. After continuing to live together with
In 2009 Blanchard & Associates, a Chicago law firm, provided legal services to an Indian pharmaceutical company, Lupin Ltd. (“Lupin India”), and its American subsidiary, Lupin
Visit the Rocket Lawyer website’s page offering sample contracts, which can be found at www.rocketlawyer.com/legal-documents-forms.rl. Select a type of contract such as a lease agreement,
Suppose you are the president of your college’s Business Students Club and are negotiating via text message with Dani, a t-shirt manufacturer, for the purchase of 75 t-shirts emblazoned with the
As of this writing, the U.S. Supreme Court has agreed to hear a challenge to the federal Telephone Consumer Protection Act, which seeks to protect consumer privacy by banning unwanted robocalls. One
Former North Carolina State University basketball stars Tom Gugliotta and Chris Corchiani were ejected from North Carolina State’s arena during a 2012 game with Florida State University. Referee
The New York City police department practices a “stop-and-frisk” policy by which a police officer can stop and question those the officer reasonably believes have committed, are committing, or
Trying to reduce the flow of university students into certain portions of Ames, Iowa, home of Iowa State University, the city passed a zoning ordinance that permitted only singlefamily residences in
In June 2019, the Supreme Court issued a decision striking down as unconstitutional federal prohibitions against granting trademark protection for “immoral” or “scandalous” material. The case
The Miami-Dade Police Department received a tip that the residence of Joelis Jardines was being used to grow marijuana. A drug-sniffing dog was taken to the door of the home. The dog signaled the
Police officer Hughes, from Council Bluffs, Iowa, saw 28-year-old Sorick riding his bicycle at 12:35 a.m. without lights in violation of a city ordinance. Hughes stopped Sorick, asked if he was
Early in the morning hours, McNeely was stopped by Missouri police for speeding and erratic driving. He was required to take a blood test after he refused a breath test with a portable machine. His
The Slants play rock/dance music and the Washington Redskins play football in the National Football League. Both have been struggling to protect their names. The federal Lanham Act prohibits the
A Texas state law prohibits individuals from piloting drones above jails, petroleum refineries, sports arenas, and other specified facilities with the “intent to conduct surveillance on the
Members of the Ku Klux Klan were distributing gun rights leaflets in Desloge, Missouri, when informed by a police officer that they were violating a city ordinance that prohibited “stand[ing] in or
Conservative activists, Republican lawmakers, and others in recent years have reasserted the historical constitutional law theory of nullification to attack what they take to be a broad pattern of
As a further means of controlling the power of government, the Constitution sets up the three federal branches and provides mechanisms for them to act as checks and balances on each other.
Danny Birchfield drove into a ditch in North Dakota. Responding officers believed he was intoxicated. He failed field sobriety tests and was arrested. In violation of North Dakota law, he refused to
Civil asset forfeiture is a particularly controversial, but generally lawful, police practice involving state and federal law enforcement authorities seizing property and cash from individuals who
Addressing one of the most contentious questions in American constitutional history, the U.S. Supreme Court, in its 2008 District of Columbia v. Heller decision, ruled 5–4 that the Second Amendment
Judicial reform advocates often argue that the United States should adopt the English rule providing that the losing party in a lawsuit must pay the reasonable litigation expenses of the
A boy was seriously injured when his friend with whom he was playing golf struck him with a golf club as the friend made practice swings. In the resulting personal injury lawsuit based on negligence,
When their 30-year-old son refused to move out of their house, a couple went to court for an eviction order. The son fought the order, arguing that as a family member he was entitled to six months’
Former workers and families of former workers of Mercedes-Benz Argentina (MBA), a subsidiary of the German corporation Daimler AG, brought a claim under the Alien Tort Claims Act and the Torture
This appeal arises from a most unfortunate, unintended, and unwitnessed death. Dr. Alan Sandifer was pierced in the head by the cable guard of his 2007 Hoyt Vulcan XT500 bow, which he was examining,
When a Santa Clara County judge sentenced Brock Turner, a Stanford swimmer, to six months in jail for three felony counts of sexual assault, public outrage led to a successful “grass-roots”
The California Medical Injury Compensation Reform Act (MICRA) of 1975 capped noneconomic damages such as pain and suffering at $250,000; as of this writing, the cap has never been adjusted for
The 1966 Miranda v. Arizona U.S. Supreme Court decision provided that, under the Fifth Amendment, a suspect in police custody must be told: You have the right to remain silent. Anything you say can
Instead of sentencing five teenagers who defaced a historic Black schoolhouse with swastikas and the words “white power” and “Black power” to community service, a Virginia judge ordered that
Cyberbullying Twenty-year-old Rutgers University student Dharun Ravi secretly activated the webcam in his dorm room so that he and a friend could watch his roommate, 18-year-old Tyler Clementi,
One of the reasons for the declining number of trials, despite increasing disputes, may be difficulty in affording a lawyer in civil suits. The New York Times and other publications have reported an
HelpSelf Legal, an AI-assisted app, offers help to consumers on legal issues such as debt collection and domestic violence. As co-founder, Dorna Moini, a former trial litigator, observed,
The 17-year-old employee of an auto repair shop in Iowa was severely injured when a tire he was inflating on a customer’s trailer exploded. The tire manufacturer is located in China but sold
Broadly, we count on the law to achieve and preserve justice. The pursuit of justice often relies on honorable, efficient government. The World Justice Project’s 2019 “Rule of Law Index” ranks
The National Registry of Exonerations, a joint project of the University of California Irvine Center for Science and Society, University of Michigan Law School, and Michigan State University College
Should we remove criminal penalties from all so-called victimless crimes, such as vagrancy and gambling? Should we regulate those behaviors in any way? Explain.
Whatever we may think about lawyers, judges, and America’s dispute resolution methods, a reliable legal system in fostering and maintaining capitalism is key. Often referred to as the rule of law,
In their 2017 book Rebooting Justice: More Technology, Fewer Lawyers, and the Future of the Law, Benjamin H. Barton and Stephanios Bibas suggest that more technology, including online dispute
Go to “Legal Climate: Overall Rankings by State” from the U.S. Chamber of Commerce Institute for Legal Reform (ILR) at www.instituteforlegalreform.com/states. Click on your state and scroll down
Former General Motors vice president John Z. DeLorean wrote in his book, On a Clear Day You Can See General Motors: It seemed to me then, and still does now, that the system of American business
Nobel Peace Prize winner and Grameen Bank founder Muhammad Yunus says that the standard business school curriculum should be re-designed to include the idea that business does not have to be profit
Noting improved wages and working conditions at Walmart, Des Moines Register columnist Rekha Basu asked her readers: “Could it finally be time to go back to WalMart or at least go there with a
a. Do you think allegiance to the company will become more important than allegiance to the state? Explain. b. Is that a desirable direction? Raise the pros and cons.
In criticizing General Motors many years ago, consumer advocate Ralph Nader is reported to have said, Someday we’ll have a legal system that will criminally indict the president of General Motors

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