Beth was killed when a trench collapsed. An investigation revealed that the trench was 27 feet deep and without adequate shoring, in violation of safety standards. Bob, the president of the firm, is charged with negligent homicide. Is a finding of guilt possible? Why or why not?
> You and two of your college roommates have discussed plans to open a restaurant. You intend to attract college-age students who are health- and fitness-minded to your restaurant. You and your co-owners agree that each will invest equally in terms of time
> Other retail businesses in the mall in which your sports shoes shop is located have decided to open on Sundays from 12 noon to 6 P.M. You decide to follow suit, but two of your employees refuse to go along, saying it is against their religious beliefs to
> (a) What is the legal analysis used by the courts to grant the federal government broad authority to regulate business activity? (b) Why is it necessary to find the limits of the federal government’s authority to regulate commerce?
> Your employer, Let’s-Get-It-Done, has a history of multiple employee disputes. These disputes range from claims of illegal discrimination to general complaints of worker dissatisfaction with supervisors. You have been assigned the task of changing the or
> The operators of adult bookstores got together and each agreed to contribute $1,000 to a fund for use in lobbying the city council to repeal an ordinance which made the sale of sexually explicit publications a crime. If the operators are charged with vio
> In response to public pressure, all of the manufacturers of chewing tobacco agree not to advertise on radio or television. The resulting savings are used to reduce the price of the product to consumers. Furthermore, the use of chewing tobacco by teenager
> Assume that all manufacturers of computer chips entered into an agreement whereby each agreed to exchange information as to the most recent price charged or quoted to a consumer. Is this agreement a violation of the Sherman Act? Why or why not?
> The members of a real estate brokers’ multiple listing service voted to raise their commission rate from 6% to 7%. The bylaws of the association provided for expulsion of any member charging less than the agreed-upon commission. If broker Hillary continu
> Explain what it means to say that “emissions trading has propertitized pollution.”
> How have shareholder groups tried to make environmental concerns relevant to corporate governance?
> Do you ever “google” something on the Internet? Is the company Google in danger of losing its name as a trademark? Explain.
> Name four types of marks that are often called “trademarks.”
> Why has criminal misappropriation of trade secrets become an issue of greater concern in recent years?
> In 1916, the federal government passed a law that allows national banks to sell insurance in towns with a population of less than 5,000. In 1974, Florida passed a law prohibiting insurance agents from associating with financial institutions that are owne
> (a) What is the “general” sense of corporate governance? (b) Discuss how effective corporate governance contributes to the creation of economic wealth.
> What are the remedies available for the civil enforcement of trade secrets?
> What types of actions constitute misappropriation under trade secret law?
> (a) How do trade secrets differ from other applications of property? (b) Discuss several ways of preserving trade secrets.
> (a) List the five unfair labor practices created by the Wagner Act. (b) Describe a situation for each of these unfair labor practices.
> Describe the nature and limitations of the NLRB’s jurisdiction.
> Under what circumstances should a judge enter a judgment notwithstanding the verdict?
> What is the purpose of jury instructions?
> Pat lives in a state that has enacted a right-to-work law. The company that employs her has recognized the United Clerical Workers (UCW) as the bargaining representative of its workers. 710 The union has sought to collect union dues or their equivalent f
> The personnel director of your company has been asked to talk with the employees about the benefits and detriments of voting for or against the union in an upcoming certification election. What should this director keep in mind about the Free Speech Clau
> All of the orthodontists in your community at their annual holiday party agreed to charge the parents of each child patient a nonrefundable fee of $200 prior to beginning any treatment. They also agreed that the charge for an orthodontia procedure would
> (a) Explain why there are different standards of review of arbitration awards depending on whether the arbitration is voluntary or statutorily mandated. (b) Barbara and Cole Inc. disputed the amount of money due as “minimum royalties” under a mineral lea
> What are three defenses that might be used by a party charged with violating the Securities Act of 1933?
> Who are the four types of parties governed by the 1933 Securities Act?
> (a) How does property help generate prosperity? Discuss. (b) Explain the importance of the visibility of resources to the wealth of nations.
> The Soviet Constitution guaranteed the citizens’ private property. Why then was the former Soviet Union so poor?
> Define the power of judicial review. How do advocates of judicial restraint exercise that power?
> Compare and contrast ethics and morality. What do philosophers call the end result of ethical examination?
> The Mosquito No Company claims that its electronic mosquito device will “eliminate all mosquito problems within a one-half acre area.” Actually, the device will only work if there is no standing water on the half acre. Explain how the FTC will evaluate t
> Reader’s Digest sent out some 17 million sweepstakes promotions to consumers that featured “travel checks” and “cash convertible bonds” that the FTC claimed were deceptive and violated a previous consent order as well. What potential fine did the Digest
> The government challenged the acquisition by Procter & Gamble (P&G) of Clorox. Clorox was the leading manufacturer of liquid bleach at the time of the acquisition, accounting for 48% of the national sales. It was the only firm selling nationally, and the
> (a) An ice-cream franchiser requires its franchisees to purchase all ice cream, cones, and syrups from the franchiser. Does this contract violate the antitrust laws? Why or why not? (b) Would your answer be the same if the contract also required the fran
> The contract arising from Randolph’s purchase and financing of a mobile home contained an arbitration clause covering all disputes that might arise. When a dispute arose, Randolph filed a lawsuit in federal court alleging violations of the Truth-in-Lendi
> (a) Name the sanctions that can be imposed against a violator of the Clayton Act. (b) What is the significance of the word incipiency in Clayton Act enforcement?
> A male supervisor at Star Company made repeated offensive sexual remarks to female employees. The employees complained to higher management, which ignored the complaints. If the company does not discharge or otherwise penalize the employee, has it violat
> Does Title VII prohibit employment discrimination against members of all races? Explain.
> Martel, a competent male secretary to the president of ICU, was fired because the new president of the company believed it is more appropriate to have a female secretary. (a) Has a violation of the law occurred? (b) Assume that a violation of the law has
> James was indicted by a federal grand jury. During the trial jury’s deliberation one juror said, “I think James is guilty or else the grand jury would not have sent us the case.” Another juror objected to this statement and said, “The action of the grand
> Who are the parties to a criminal case?
> Several years ago, the Spul Chemical Corporation built a new plant near your neighborhood. About once a month, clouds of odorous mist have passed across your property, your children have complained of skin rashes, and you have heard that the water table
> Explain the standing to sue doctrine as it applies to the citizen enforcement of federal pollution laws.
> Explain when common carriers are not strictly liable for damage to transported goods.
> Through no one’s fault, a sludge dam of the Phillips Phosphate Company breaks. Millions of gallons of sludge run off into a nearby river that empties into Pico Bay. The fishing industry in the bay area is ruined. Is Phillips Phosphate Company liable to t
> As a client of a brokerage firm, Howsam invested in four limited partnerships. These investments were made between 1986 and 1994. The client agreement signed by Howsam required all disputes with the brokerage firm to be arbitrated. When she lost money on
> While driving under the influence of alcohol, Joe runs off the road and wrecks his car. As the car turns over, the protruding door latch hits the ground and the door flies open. Joe, who is not wearing his seat belt, is thrown from the car and badly hurt
> Why is cyber crime difficult to detect and to prosecute successfully?
> After working as a consultant for the “We Can Help You” firm for seven years, you recently received a promotion to manager. In this new role, you report to a partner and are responsible for various consulting teams. You now create these teams in collabor
> You and two partners operate a graphics design and printing company. The success of this business relates to the high-quality service and products you provide to your clients. To move to the next level requires a considerable financial investment in comp
> As a manager employed by Want-It-Now Rapid Delivery Service, you are responsible for pricing the services involving same-day deliveries. Among your primary concerns is the competitive aspects of your business. You have proposed contractual language that
> Hello-Hello is a U.S. telecommunications company with global operations. Sophia is an assistant vice president of Hello-Hello. She is dispatched to China to handle two situations. First, a shipment of 500 cases of cell phones is stalled in customs. She i
> Can EMW use Colonial Car’s marketing plans without permission?
> The Mayor of the City of New York took issue with a number of works in a Brooklyn Museum temporary exhibit titled “Sensation: Young British Artists from the Saatchi Collection.” Especially troubling to him was a painting by Nigerian artist Chris Ofili, e
> As the vice president for sales of a company that manufactures and sells commercial carpet, you notice an alarming increase in the number of customers filing complaints with your company service representatives. Of particular importance is the number of
> Explain what is meant by the Incorporation Doctrine and how it was used to expand the impact of the due process clause.
> The research director of PharmCo, a midsize pharmaceutical company, tells top management of an important new discovery. After years of effort, one of the company’s research teams has discovered a drug that will reverse pattern baldness, the leading cause
> Sarah works at a small accounting firm. The firm’s handbook contains the following policy: Employees are prohibited from discussing their salary, bonuses, or any other forms of compensation, including benefits and vacation time. Sarah is very careful not
> Delivery Quik Inc. delivers packages to small retail stores from a central distribution point in a major metropolitan area. Drivers both load and unload their packages, some of which weigh close to 100 pounds. Although equipment helps the drivers in thei
> International Paint Company wants to sell a large tract of land with several facilities on it to U.S. Parts Inc. As acquisitions manager for U.S. Parts, what do you need to know before buying this land, other than that International Paint has good owners
> You and a former classmate started a computer software company five years ago. Originally, the two of you were the owners and only employees. The foundation of your company was your combined expertise in creating custom-designed applications addressing t
> Three years following your graduation with a business degree, you and three classmates began operating a consulting business. Your firm specializes in offering support related to payroll-and account-management computer applications. So far, your firm has
> You are chief executive officer of a toy manufacturing firm. Your firm has been inspected by officials at OSHA, the federal Occupational Safety and Health Administration, for alleged violations of workplace safety regulations. The evidence presented to t
> Richard Epstein, a University of Chicago law professor, said in his book Takings that the principles of nuisance illustrate more clearly than any other doctrine how our property-based legal system functions. Required: 1. What did he mean by this statem
> You are the owner of a small firm that manufactures lawn mowers. While using one of your products, a person suffers severe injury and now is suing, claiming that your product was negligently designed because it did not adequately protect the user. You ha
> You are the president of a large corporation which is in the business of manufacturing, among other things, chemical products used to eradicate termites. You have just reviewed a confidential report, prepared by one of your top scientists, questioning th
> (a) A promoter of theatrical productions applied to a municipal board (charged with managing a city-leased theater) for a license to stage the play Hair. Relying on outside reports that because of nudity the production would not be in the best interests
> Three years ago the Darden Corporation bought a thousand acres of land that borders the Potowac River in Washam County. While waiting on development opportunities, Darden cut timber to help repay the mortgage loan it took out to buy the land. On March 2,
> You are senior project manager for Superior Paper, Inc., a paper processing company with plants in several states. Recently, you have been given responsibility for overseeing the construction of a new plant in High Top, Tennessee, on the edge of the Tall
> Two former roommates from college contact you about an opportunity to make big money. Their idea is to start a business to market a new video game system (the computer science major developed the software, the engineer created the hardware). They estimat
> XYZ Company is a U.S. firm that makes communication software used in a variety of consumer goods manufactured and sold in the United States. XYZ recently learned that one of the manufacturing firms it supplies, ABC Company, is exporting finished goods to
> You own University Heights Apartments, a business that rents primarily to students. One evening, your tenant Sharon is attacked by an intruder who forces the lock on the sliding glass door of her ground-floor apartment. Sharon’s screams attract the atten
> As the chief executive officer of a Silicon Valley software company, you become aware that your chief competitor is working on a new computer program that will revolutionize interactive voice based applications. You know that if you can find out about se
> For years, your small electronics company has given all its employees one week’s pay and a turkey each Christmas. But now a recession is eroding profitability and the company is operating at a significant loss, so you consider canceling the Christmas pre
> You just had one of those days—exciting and overwhelming. As your company’s director of human relations, you have dealt with an employee asking how much leave he can take when his wife has their first baby next month. A phone call from the company’s CFO
> When Maria Suarez got her new job, she was happy. As an oil rigger, she would make enough money to support herself and her two children. But after a week of working with a primarily male crew, her happiness was gone. Her co-workers were the reason. At fi
> Suppose it has been two years since your graduation. During the time you have worked for a large energy company. In your work, you have been exposed to the numerous ways your employer is investing in energy. These sources include oil, coal, natural gas,
> (a) What is meant by the phrase “paper fortress”? (b) How does maintaining a paper fortress aid the employer when the employee claims unfair treatment?
> While you are attending a business conference in South America, someone approaches you and says, “A private property system might work well in your country, but it will never work in mine. There are only a few wealthy families in my country who own almos
> You are the manager of a used car firm known as Reliant Motor Company. Your lawyer has called to tell you that John Doe, a customer you have been dealing with for several months, has filed a lawsuit against the firm. The customer claims the vehicle he pu
> You have spent the past four weeks away from work serving as a juror in a case deciding whether a pharmaceutical company should be held liable for the heart attack of a woman who took its painkiller, Oxxy-1. The lengthy case has taken a toll on your prof
> As the vice president of finance for a company producing and selling electronic switchboards, you are considering foreign investment to build a plant to assemble electronic components. A source in China advises you that a town near Shenzhen may be an exc
> A drug company applied for the approval of the Food and Drug Administration (FDA) to market a miracle drug that the company believed could cure some cancers. During the period that the application was under consideration the company’s stock rose to $65 p
> You are feeling very good about your life. This positive feeling is due in large part to your recent promotion to national sales manager of Ever-Present Technologies Inc. Your company offers full-service consulting and computer sales to manufacturers, es
> You are the Marketing Manager for We-Can-Furnish-It Office Supply Company. In your role, you work with your company’s sales staff. This staff is divided between personnel who travel to make face-to-face calls and those who answer the phones and accept or
> The regulation of deceptive trade practices under Section 5 of the FTC Act, the disclosures required by the Truth-in-Lending Act, and the provisions of many other consumer protection laws aimed at helping consumers by preventing business activities that
> As a new sales representative for Misco Equipment Corporation, you take a customer out to dinner. Before dinner is over, you have shaken hands on a deal to sell the customer nearly a half-million dollars’ worth of industrial equipment. In writing up the
> (a) Name the four sanctions used to enforce the Sherman Act. (b) What is the relationship between the criminal sanction and suits for triple damages? (c) What is the impact of the nolo contendere plea?
> Describe how business organizations can be found criminally responsible for their actions. What is the way such organizations are punished?
> The Justice Department filed a civil suit claiming Grinnell Corporation had a monopoly in the operation of central station hazard-detecting devices. These security devices are used to prevent burglary and to detect fires. They involve electronic notifica
> (a) Are franchise agreements which allocate an exclusive territory to the franchisee always illegal? Explain. (b) Give an example of a product where intrabrand competition is as important as interbrand competition.
> (a) Describe the situations when a supplier can legally fix the minimum price that a customer must charge to its buyers. (b) What analysis do courts use when judging the legality of a vertical price-fixing plan? Why is this legal analysis the appropriate
> (a) Is it ethical to advertise tobacco products in association with a desirable, exciting, or sophisticated lifestyle? (b) Is it ethical to advertise these products in association with a cartoon character that is appealing to young people?
> A headline from The Wall Street Journal read “U.S. Companies Pay Increasing Attention to Destroying Files.” The article discussed how many companies are routinely shredding files in the ordinary course of business to prevent future plaintiffs from obtain
> As amended in 1988, the Foreign Corrupt Practices Act prohibits bribery as a practice for U.S. companies to use in obtaining business in other countries. In passing the act, Congress expressed the concern that bribery was inherently wrong. Which major sy
> Give examples of why a key controversy at the heart of environmental regulation concerns how much certainty of harm is required to justify regulatory intervention.
> Articulate an example that would constitute trademark dilution, but not infringement. Can you come up with one that constitutes infringement but not dilution?
> (a) Can you register the name “Fast Food” as a trademark? Explain. (b) Under what conditions can you not register a mark?
