The courts should reject all wetlands cases in which the wetlands in question do not consist of actual bodies of water that exist during the entire year.
> To attain success in global commerce, an online business should design its Web site with what in mind?
> Are small businesses ethically obligated to offer their employees’ health insurance? Discuss.
> In addition to the borrowers listed in this feature, who deserves to have their federal student loans forgiven? Why?
> Resource Refining Company’s plant emits smoke and fumes. Resource’s operation includes a short railway system, and trucks enter and exit the grounds continuously. Constant vibrations from the trains and trucks rattle nearby residential neighborhoods. The
> When is the use of virtual currency unethical? Why?
> How does the type of “flexible” ethics proposed in this feature enhance the potential for success in global commerce?
> Is gambling less ethical than trading in securities or funding a start-up? Why?
> What is the extent of a business’s ethical obligation to protect the personal information of its customers and employees? Discuss.
> With respect to the division of property on divorce, should the conduct of the spouses during the marriage be a factor? Why or why not?
> Should the mandate to offer employees health insurance be extended to include small businesses? Or should it be repealed altogether? Explain.
> Myrtle Jackson owns several commercial buildings that she leases to businesses, one of which is a restaurant. The lease states that tenants are responsible for securing all necessary insurance policies but the landlord is obligated to keep the buildings
> Provident Insurance, Inc., issued an insurance policy to a company providing an employee, Steve Matlin, with disability insurance. Soon thereafter, Matlin was diagnosed with “panic disorder and phobia of returning to work.” He lost his job and sought dis
> Robert Durbin, a student, borrowed funds from a bank for his education and signed a promissory note for their repayment. The bank lent the funds under a federal program designed to assist students at postsecondary institutions. Under this program, repaym
> In December, Mendoza agreed to buy the broccoli grown on one hundred acres of Willow Glen’s one-thousand-acre broccoli farm. The sales contract specified F.O.B. Willow Glen’s field by Falcon Trucking. The broccoli was to be planted in February and harves
> United Pharmaceuticals, Inc., believes that it has developed a new drug that will be effective in the treatment of patients with AIDS. The drug has had only limited testing, but United wants to make the drug widely available as soon as possible. To marke
> For many years, New York City has had to deal with the vandalism and defacement of public property caused by unauthorized graffiti. In an effort to stop the damage, the city banned the sale of aerosol spray-paint cans and broad-tipped indelible markers t
> Mario Bonsetti and Rico Sanchez incorporated Gnarly Vulcan Gear, Inc. (GVG), to manufacture windsurfing equipment. Bonsetti owned 60 percent and Sanchez owned 40 percent of the corporation’s stock, and both men served on the board of directors. Hula Boar
> The Brown family owns several companies, including the J. H. Stevedoring Company and Penn Warehousing and Distribution, Inc. Many aspects of the companies’ operations and management are intertwined. Dennis Bishop worked for J. H. and Penn for more than t
> Val’s Foods signs a contract to buy 1,500 pounds of basil from Sun Farms, a small organic herb grower, as long as an independent organization inspects the crop and certifies that it contains no pesticide or herbicide residue. Val’s has a contract with se
> Shalene Kolchek bought a Great Lakes spa from Val Porter, a dealer who was selling spas at the state fair. Porter told Kolchek that Great Lakes spas were “top of the line” and “the Cadillac of spas.” He also indicated that the spa she was buying was “ful
> Nancy Mahar was the office manager at Golden Years Nursing Home, Inc. She was given a signature stamp to issue checks to the nursing home’s employees for up to $100 as advances on their pay. The checks were drawn on Golden Years’ account at First Nationa
> In June 2016, Bernard Ramish set up a $48,000 trust fund through West Plains Credit Union to provide tuition for his nephew, Nathan Covacek, to attend Tri-State Polytechnic Institute. The trust was established under Ramish’s control and went into effect
> Evelyn Vollmer orally agreed to loan Danny Lang $150,000 to make an investment in a local nightclub. The loan was to be repaid from the profits received from the investment. Their agreement was never memorialized in writing, however. Eighteen months late
> The doctrine of respond eat superior should be modified to make agents solely liable for their tortious (wrongful) acts committed within the scope of employment.
> Leota Sage saw a local motorcycle dealer’s newspaper advertisement offering a MetroRider EZ electric scooter for $1,699. When she went to the dealership, however, she learned that the EZ model had been sold out. The salesperson told Sage that he still ha
> James Blatt hired Marilyn Scott to sell insurance for the Massachusetts Mutual Life Insurance Company. Their contract stated, “Nothing in this contract shall be construed as creating the relationship of employer and employee.” The contract was terminable
> Tech plate Corporation learns that a federal administrative agency is considering a rule that will have a negative impact on the firm’s ability to do business. Does the firm have any opportunity to express its opinion about the pending rule? Explain.
> David Brock was on the board of directors of Firm Body Fitness, Inc., which owned a string of fitness clubs in New Mexico. Brock owned 15 percent of the Firm Body stock and was also employed as a tanning technician at one of the fitness clubs. After the
> Renee Beaver started racing go-karts competitively in 2016, when she was fourteen. Many of the races required her to sign an exculpatory clause to participate, which she or her parents regularly signed. In 2018, right before her sixteenth birthday, Renee
> Ronald Metzgar placed his fifteen-month-old son, Matthew, awake and healthy, in his playpen. Ronald left the room for five minutes and on his return found Matthew lifeless. A toy block had lodged in the boy’s throat, causing him to choke to death. Ronald
> Assume that the Securities and Exchange Commission (SEC) has a rule that it will enforce statutory provisions prohibiting insider trading only when the insiders make monetary profits for themselves. Then the SEC makes a new rule, declaring that it will n
> John operates a motorcycle repair shop from his home but finds that his business is limited by the small size of his garage. Driving by a neighbor’s property, he notices a for-sale sign on a large, metal-sided garage. John contacts the neighbor and offer
> Air Ruidoso, Ltd., operated a commuter airline and air charter service between Ruidoso, New Mexico, and airports in Albuquerque and El Paso. Executive Aviation Center, Inc., provided services for airlines at the Albuquerque International Airport. Air Rui
> Shane Durbin wanted to have a recording studio custom-built in his home. He sent invitations to a number of local contractors to submit bids on the project. Rory Amstel submitted the lowest bid, which was $20,000 less than any of the other bids Durbin re
> Corporate law should be altered to prohibit incumbent management from using most of the legal methods available for fighting takeovers.
> Because most shareholders never bother to vote for directors, shareholders have no real control over corporations.
> The sole shareholder of an S corporation should never be able to avoid liability for the torts of her or his employees.
> Sheila makes a will leaving her property in equal thirds to Toby and Umeko, her children, and Velda, her niece. Two years later, Sheila is adjudged mentally incompetent, and that same year, she dies. Can Toby and Umeko have Sheila’s will revoked on the g
> Because LLCs are essentially just partnerships with limited liability for members, all partnership laws should apply.
> A partnership should automatically end when one partner disassociates from the firm.
> All franchisors should be required by law to provide complete estimates of the profitability of a prospective franchise based on the experiences of their existing franchisees.
> Members of minority groups and women have made enough economic progress in the last several decades that they no longer need special legislation to protect them.
> The U.S. labor market is highly competitive, so state and federal laws that require overtime pay are unnecessary and should be abolished.
> Whenever an insurance company can prove fraud during the application process, it should never have to pay on the policy.
> Under no circumstances should a local government be able to condemn property in order to sell it later to real estate developers for private use.
> Common carriers should not be able to limit their liability.
> Only the largest publicly held companies should be subject to the Sarbanes-Oxley Act.
> The Internet and the rise of e-commerce have rendered our current antitrust concepts and laws obsolete.
> Brite Images agrees to sell Poster Planet five thousand posters of celebrities, to be delivered on May 1. On April 1, Brite repudiates the contract. Poster Planet informs Brite that it expects delivery. Can Poster Planet sue Brite without waiting until M
> Laws against bait-and-switch advertising should be abolished because no consumer is ever forced to buy anything.
> Because an administrative law judge (ALJ) acts as both judge and jury, there should always be at least three ALJs in each administrative hearing.
> Any changes to existing, fully witnessed wills should also have to be witnessed.
> If a contract specifies a particular carrier, then the shipper must use that carrier or be in break of the contract—no exceptions should ever be allowed.
> A financing statement that does not have the debtor’s exact name should still be effective because creditors should always be protected when debtors default.
> Because writs of attachment are a prejudgment remedy for nonpayment of a debt, they are unfair and should be abolished.
> To reduce fraud, checks that utilize mechanical or electronic signature systems should not be honored.
> Because signature stamps create so many opportunities for embezzlement, they should be banned.
> We should eliminate the status of holder in due course for those who possess negotiable instruments.
> Skye asks Jim to buy a textbook for her at the County Community College campus bookstore. Skye writes a check payable to the bookstore and leaves the amount blank for Jim to fill in the price of the book. The cost of the book is $100. Jim fills in the ch
> Congress should pass a law disallowing all negotiable instruments that are not written on paper.
> The U.S. federal courts are accepting too many lawsuits initiated by foreigners that concern matters not relevant to this country.
> No express warranties should be created by the oral statements made by salespersons about a product.
> Rather than being allowed to file Chapter 7 bankruptcy petitions, individuals and couples should always be forced to make an effort to pay off their debts through Chapter 13.
> All works created by independent contractors should be considered works for hire under copyright law.
> The distinction between shipment and destination contracts for the purpose of deciding who will bear the risk of loss should be eliminated in favor of a rule that requires the buyer to always buy insurance for the goods being shipped.
> The UCC should require the same degree of definiteness of terms, especially with respect to price and quantity, as contract law does.
> Courts should always uphold limitation-of-liability clauses, no matter what are the respective bargaining powers of the two parties to the contract.
> The doctrine of commercial impracticability should be abolished.
> As a matter of public policy, personal injury tort claims cannot be assigned. This public policy is wrong and should be changed.
> Kurt receives from Nabil a check that is made out “Pay to the order of Kurt.” Kurt turns it over and writes on the back, “Pay to Adam. [Signed] Kurt.” What type of endorsement is this? What effect does this endorsement have on whether the check is consid
> Many countries have eliminated the Statute of Frauds except for the sale of real estate. The United States should do the same.
> The concept of caveat emptor (“let the buyer beware”) should be applied to all sales, including those of real property.
> After agreeing to an exculpatory clause or purchasing some item, minors often seek to avoid the contracts. Today’s minors are far from naïve and should not be allowed to avoid their contractual obligations.
> Courts should not be able to rule on the adequacy of consideration. A deal is a deal.
> The terms and conditions in click-on agreements are so long and detailed that no one ever reads the agreements. Therefore, the act of clicking “I agree.” is not really an acceptance.
> Companies should be able to make or break employment contracts whenever and however they wish.
> Because of over criminalization, particularly by the federal government, Americans may be breaking the law regularly without knowing it. Should Congress rescind many of the more than four thousand federal crimes now on the books?
> Congress has amended copyright law several times so that copyright holders now have protection for many decades. Was Congress right in extending these copyright time periods? Why or why not?
> All liability suits against tobacco companies for lung cancer should be thrown out of court now and forever.
> Each time a state legislature enacts a law that applies the assumption of risk doctrine to a particular sport, participants in that sport suffer.
> Ben contracts with Amy to fix her roof. Amy writes Ben a check, but Ben never makes the repairs. Carl knows Ben breached the contract but cashes the check anyway. Can Carl become an HDC? Why or why not?
> Executives in large corporations are ultimately rewarded if their companies do well, particularly as evidenced by rising stock prices. Consequently, should we let those who run corporations decide what level of negative side effects of their goods or ser
> Legislation aimed at “protecting people from themselves” concerns the individual as well as the public in general. Protective helmet laws are just one example of such legislation. Should individuals be allowed to engage in unsafe activities if they choos
> Some consumer advocates argue that high attorney contingency fees—sometimes reaching 40 percent—unfairly deprive winning plaintiffs of too much of their awards. Should the government put a cap on contingency fees at, say 20 percent? Why or why not?
> In this age of the Internet, when people communicate via e-mail, texts, tweets, Facebook, and Skype, is the concept of jurisdiction losing its meaning?
> Under the doctrine of stare decisis, courts are obligated to follow the precedents established in their jurisdictions unless there is a compelling reason not to. Should U.S. courts continue to adhere to this common law principle, given that our governmen
> Read through the subsection in this chapter entitled “Decisions and Opinions.” (See How to Read and Understand Case Law.) (a) One group will explain the difference between a concurring opinion and a majority opinion. (b) Another group will outline the di
> Country Fruit Stand orders eighty cases of peaches from Downey Farms. Without stating a reason, Downey delivers thirty cases instead of eighty and delivers at the wrong time. Does Country have the right to reject the shipment? Explain.
> What choices do disgruntled Uber and Lyft drivers have?
> What benefits can delivery by commercial drone provide to consumers?
> Altisource Portfolio Solutions, Inc., is a global corporation that provides real property owners with a variety of services, including property preservation—repairs, debris removal, and so on. Lucas Contracting, Inc., is a small trade contractor in Carro
> Marit worked for Town & Garden, a landscape design service owned by Donald. Marit signed a note payable to Donald to become a co-owner of Town & Garden. The note, which was undated, required installment payments, but Donald never asked for them. Is Marit
> Mark Wooden sent an e-mail to an alderwoman for the city of St. Louis. Attached was a nineteen-minute audio file that compared her to the biblical character Jezebel. The audio said she was a “bitch in the Sixth Ward,” spending too much time with the rich
> Heather Reason over opted to try Internet service from Clear wire Corp. Clear wire sent her a confirmation e-mail and a modem. When Reason over plugged in the modem, an “I accept terms” box appeared. Without clicking on the box, Reason over quit the page
> Duval Ford, LLC, sold a new Ford F-250 pick-up truck to David Sweat. Before taking delivery, Sweat ordered a lift kit to be installed on the truck by a Duval subcontractor. Sweat also replaced the tires and modified the suspension system to increase the
> Irvin Smith was charged in a Georgia state court with burglary and theft. Before the trial, during the selection of the jury, the state prosecutor asked the prospective jurors whether they knew Smith. No one responded affirmatively. Jurors were chosen an
> Robert Gutkowski, a sports marketing expert, met numerous times with George Steinbrenner, the owner of the New York Yankees, to discuss the Yankees Entertainment and Sports Network (YES). Gutkowski was paid as a consultant. Later, he filed a suit, seekin
> White Plains Coat & Apron Co. is a New York– based linen rental business. Cintas Corp. is a competitor. White Plains had five-year exclusive contracts with some of its customers. As a result of Cintas’s soliciting of business, dozens of White Plains’ cus
> After the fall of the Soviet Union, the new government of Azerbaijan began converting certain state-controlled industries to private ownership. Ownership in these companies could be purchased through a voucher program. Frederic Bourke, Jr., and Viktor Ko
> LG Electronics, Inc., a South Korean company, and nineteen other foreign companies participated in the global market for cathode ray tube (CRT) products. CRTs were integrated as components in consumer goods, including television sets, and were sold for m
