Monthly Archives: April 2021

Business Law



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   The Cardigans are a very progressive with the way they do business, especially with keeping up with the latest laws and cases that pertain to individual rights and the impact that the laws have on business. They are planning to introduce a new line of clothing called “Scantily Clad” with the slogan, “So light You Won’t Know You are Wearing a Thing!” The local television station WBLAH told Candie Cardigan that it would not air such a commercial due to content. Furthermore, that it was not appropriate for children to view it. The Cardigans believe that this is old law and believe that they are protected under the First Amendment’s Freedom of Speech.Your supervising attorney, and one of CARDWARE’s Corporate Counsel, Rice E. Roni would like for you to analyze case law in your state as well as the First Amendment Freedom of Speech and determine if the Cardigans have a right to have their commercial aired or not. Be sure to discuss whether or not WBLAH is unreasonably abridging the Cardigans’ rights guaranteed to the individuals under the First Amendment. Your response is to be in the form of a memorandum instructions which are provided below.Rice E. Roni scribbled a few notes on a sheet of paper to help you with your research.

  • Look at the case of Action for Children’s Television v. FCC.
  • Please review the 1978 decision of the Supreme Court in Federal Communications Commission v. Pacifica Foundation – See more at:

First Amendment and Censorship. (n.d.). Retrieved June 10, 2016, from http://entertainmentlaw.uslegal.com/censorship/first-amendment-and-censorship/#sthash.AnrMIuEN.dpufPlease determine if this is good law, or not and whether or not it applies to our situation.

  • Be sure to analyze our situation from both a positive and a negative viewpoint so we will know what our strengths and weaknesses are when we insist that our commercial be given air time.

Assignment InstructionsYou are the paralegal working for CARDWARE’s corporate counsel and have been asked to draft a 2–3-page double-spaced memorandum to Rice E. Roni, Corporate Counsel of CARDWARE Inc.and discuss the following:

  • Your state law and the First Amendment and whether or not the Cardigans have a right to have their commercial aired or not.
  • Be sure to discuss whether or not WBLAH is unreasonably abridging the Cardigans’ rights guaranteed to the individuals under the First Amendment.
  • Be sure to indicate which case gives us the most support of having the commercial aired.

Checklist Before Submitting Your Assignment

  • Read the question and what is being asked of you twice.
  • Structure your Assignment in memorandum form.

Example:Date:To: Rice E. Roni, Supervising Attorney, CARDWARE Inc.From: [Your Name]Re:

  • Organize your memorandum with an introduction, body, and conclusion.

Note: Your memorandum length of 2–3 pages is separate from the cover sheet and reference page.

  • Keep all font color consistent throughout. If a blue hyperlink appears, remove it by hovering over it and right click. A vertical dropdown menu will appear. Click on Remove Hyperlink.
  • Avoid the use of first person.

In addition to fulfilling the specifics of the assignment, a successful paper must also meet the following criteria:

  • Include a cover page and references page in 10 – 12 point font (Arial, Courier, and Times New Roman are acceptable)
  • Viewpoint and purpose should be clearly established and sustained
  • Assignment should follow the conventions of Standard English (correct grammar, punctuation, etc.)
  • Writing should be well ordered, logical and unified, as well as original and insightful
  • Your work should display superior content, organization, style, and mechanics
  • Appropriate citation style should be followed

You should also make sure to:

  • Include a title page with full name, class name, section number, and date
  • Include an introductory and concluding paragraph and demonstrate college-level communication through the composition of original materials in Standard English
  • Use examples to support your discussion
  • Cite all sources on a separate reference page at the end of your paper and cite within the body of your paper using APA format and citation style. For more information on APA guidelines, visit Academic Tools.

 



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MBA524 Business Law And Ethics Unit 6-5



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On March 29, 1983, Barry Mapp was observed in the JCPenney department store in Upper Darby, Pennsylvania, by security personnel, who suspected that he might be a shoplifter. Michael DiDomenico, a security guard employed by JCPenney, followed Mr. Mapp when he left the store and proceeded to Gimbels department store. There, Mr. DiDomenico notified Rosemary Federchok, a Gimbels security guard, about his suspicions. Even though his assistance was not requested, Mr. DiDomenico decided to remain to assist in case Ms. Federchok, a short woman of slight build, required help in dealing with Mr. Mapp if he committed an offense in Gimbels. Mr. Mapp was observed taking items from the men’s department of Gimbels; when he attempted to escape, he was pursued. Although Ms. Federchok was unable to keep up, Mr. DiDomenico continued to pursue Mr. Mapp and ultimately apprehended him in the lower level of the Gimbels parking lot. When Ms. Federchok arrived with Upper Darby police, merchandise that had been taken from Gimbels was recovered. Mr. Mapp, who had been injured when he jumped from one level of the parking lot to another, was taken to the Delaware County Memorial Hospital, where he was treated for a broken ankle. Mr. Mapp filed suit against Gimbels for injuries sustained while being chased and apprehended by Mr. DiDomenico. He alleged in his complaint that Mr. DiDomenico, while acting as an agent of Gimbels, had chased him, had struck him with a nightstick, and had beaten him with his fists. Gimbels says it is not liable because Mr. DiDomenico was not its agent.

Is Gimbels correct?

 



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MBA524 Business Law And Ethics Unit 6



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 Discuss the pros and cons, ethics and legality of the production and sale of marijuana products as a business.  Identify the potential ethical issues and how you resolve them, examine from the viewpoint of the business manufacturer/retailer/distributor and from the consumer (and parents if consumers are a minor).  Discuss the legislative measures some states are taking to prevent or limit this product and how you feel about it.  Provide examples of similar ethical dilemmas in a business and how the business decision makers handled it.  Use cited concepts from the textbook and cite any other sources used to defend your analysis.

 



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MBA524 Business Law And Ethics Homework Unit 6



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Locate a current article (within the last 2 years) from a professional journal (such as Harvard Business Review, Wall Street Journal, etc) that deals with a topic from this unit’s chapters.

Brief the article with Business Law and Ethics and attach it to the post (do not copy and paste the entire article into discussion).

Please use references.



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Objective: The goal of the persuasive paper is to: 1) select a topic of immigration law, 2)



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Objective: The goal of the persuasive paper is to: 1) select a topic of immigration law, 2) do appropriate research on the topic, 3) champion a side on the issue, 4) present the side of the issue you most favor, 5) address the counter points of view; indicating why these points of view fail or are misguided, 6) rehabilitate and summarize your principal arguments.

Structure: While this structure does not have to be followed precisely, something resembling the following is expected:

1. Section 1: Introduction

1. Attention getter comment

2. Thesis statement (showing main and controlling ideas)

3. Background – sufficient background that explains the issue, should not be

an exhaustive legislative history of the topic.

4. Sign Posts to inform the reader where your argument is heading.

2. Section 2: Multiple Ideas in Support of the Claim

1. Provide a topic sentence introducing the point

2. Give explanations and evidence on your point

3. Make concluding statement summarizing the point you just discussed

and transition into your next supporting point.

3. Section 3: Summary of some opposing views – those opposing views that are most related to your argument and directly stand in opposition to your argument.

1. Provide topic sentence explaining that this paragraph will be opposing points of view.

2. Present general summary of some opposing ideas

3. Present some generalized evidence

4. Provide brief concluding sentence for paragraph; transitioning into the next

rebuttal paragraph

4. Section 4: Response to Opposing Views

a. Provide topic sentence explaining this paragraph/section

2. You may recognize the validity of some opposing points, but then present how your position is stronger.

3. Present evidence directly countering/refuting ideas mentioned in the previous section.

4. Provide concluding statement summarizing your countering arguments

5. Section 5: Conclusion

1. Restate your thesis

2. Briefly summarize discussion points

3. Leave the reader with a strong impression; this is not the place to be passive.

4. May provide a “call to action” in conclusion.

Requirements:

· Paper must be no more and no less than 10 pages – this will force you to write concisely and be very selective of the arguments you choose to highlight both in favor and in opposition. Needless to say you should address the strongest points on both sides of the issue. Bibliography will not count towards this 10-page requirement.

· Bibliography: Must provide as many sources as you deem necessary to construct you argument and counter-argument. There is no precise number for this as it is dependent on the topic that you choose. However, you should provide no less than 6 references.

· Paper must confirm to MLA standards.

· Paper must be double-spaced, 12-point font, written in Times New Roman font.



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Why is it that particularly Muslim immigration into Europe seems to create significantly serious tensions?



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Why is it that particularly Muslim immigration into Europe seems to create significantly serious tensions? Does the US face a similar problem with its Muslim immigration? 800 WORDS DUE BY TONIGHT 11:59 PM PLEASE.



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How does raising business funds for corporations differ from for an individual doing business individually?



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1. How does raising business funds for corporations differ from for an individual doing business individually? 

What actions cause a corporation owner to lose insulation from personal liability?

Does a corporation have to pay taxes?

What are the legal consequences of a corporation owner who uses corporate funds for her personal vacation?

2. Under Florida law of commercial leases, may a landlord require the tenant to continue paying rent even if the premises are closed due to hurricane damage?

Under Florida law of commercial leases, may a landlord require the tenant to leave all property in place when the lease ends which has been attached to the premises?

Under Florida law of commercial leases, may the lease require that the premises be used only for specified purposes?

Under Florida law of commercial leases, may the landlord inspect the property at any time of day or night, without notice to the tenant?

3. May the City of North Miami require FIU students to park on Biscayne Boulevard and walk to the school for healthy exercise?

May the City of North Miami prohibit cars from playing very loud music when driving by the schools on NE 151st Street?

May the City of North Miami deny a business license to the Starbuck’s at FIU unless it buys food only from vendors in North Miami?

May the City of North Miami prohibit FIU students from landing helicopters on the campus?

4. There are sharks in Biscayne Bay near the FIU Campus which have attacked swimmers.  

Does FIU have a duty to warn students about the sharks in nearby waters?

There are sharks in Biscayne Bay near the FIU Campus which have attacked swimmers.  

Since students at the MAST Academy on the FIU Campus are under 18 years old, does FIU have the duty to place fencing along the waterfront to keep persons away from the sharks in  the water?

There are sharks in Biscayne Bay near the FIU Campus which have attacked swimmers.  Which of the following are true?

An FIU student who cannot sleep at night because of fear of sharks nearby the FIU Campus will win her case against FIU for negligent infliction of emotional distress.

There are sharks in Biscayne Bay near the FIU Campus which have attacked swimmers.  

Does FIU have a any duty to protect students because the sharks are in the water, since Biscayne Bay is not part of the FIU property?

5. Are court judgments more enforceable than arbitration awards for disputes between businesses in different countries?

Are arbitration awards of international commercial disputes subject to the same appeals as available for court judgments?

Are persons appointed as arbitrators in an international commercial dispute resolution required to be lawyers?

Are there international courts for deciding disputes between businesses from different countries?

6. Does a hotel have the right to refuse entry to a guest who refuses to wear a mask during a pandemic?

Does a restaurant have the right to open for business during a pandemic despite an order from the local health department that restaurants remain closed except for take-out business?

Does a hotel have the right to use Covid-sniffing dogs to detect illness of guests before they enter the hotel?

Does a hotel have the duty to refund a reservation deposit to a guest who cancels the reservation after the cancellation deadline because the guest became ill with Covid-19?

7. If bears have been invading the FIU Campus for one month, is FIU liable for damages to cars in the parking lot caused by the bears because this is an act of nature?

If bears have been invading the FIU Campus for one month, is FIU liable for injuries to students caused by the bears even if FIU required all students to sign a general release of liability  as a requirement for becoming a student?

If bears have been invading the FIU Campus for one month, is FIU liable for injuries caused by a bear to a 17-year old student on the FIU Campus even if that student was yelling and  throwing rocks at the bear? 

If bears have been invading the FIU Campus for one month, is FIU liable for injuries to a 22 year old student who is feeding beer to the bear?  

8. If FIU is suing Florida InterGalactic University in Miami, will FIU win under copyright and trademark law      If FIGU uses blue and gold colors and block letters identical to the FIU logo?

If FIU is suing Florida InterGalactic University in Miami, will FIU win under copyright and trademark law      If FIGU uses calls its sports teams the Golden Gators? 

If FIU is suing Florida InterGalactic University in Miami, will FIU win under copyright and trademark law      If FIGU advertising states, ”We are better than FIU”?

If FIU is suing Florida InterGalactic University in Miami, will FIU win under copyright and trademark law      If FIGU students are confused and enroll in FIFU when they intended to  enter FIU?

9. Under U.S. law, may a restaurant allow service dogs, but not emotional support dogs, in the dining room?

Under U.S. law, may a restaurant refuse service to persons over 80 years old? 

Under U.S. law, may a restaurant hire only servers who speak three languages, if the restaurant typically has customers who speak those languages? 

Under U.S. law, may a hotel hire only persons who are graduates of FIU? 

10. Does the difference between cruise ship laws and land-based laws include that a cruise passenger must bring a claim within one year, while hotel injury claims on shore can be brought within three years?

Does the difference between cruise ship laws and land-based laws include that an unpaid cruise ship employee can have the ship seized for payment, but an unpaid hotel employee cannot  seize the hotel?

Does the difference between cruise ship laws and land-based laws include that a hotel must pay living expenses for an injured hotel employee until recovery, but a cruise ship will not pay  living expenses for an injured cruise ship employee? 

Does the difference between cruise ship laws and land-based laws include that a cruise ship is responsible for an employee’s injuries even if caused by the employee’s own negligence, but  a hotel will not be responsible for an employee’s injuries if caused by the employee’s own negligence?

11. A Gump’s Brewery franchise agreement states that the franchise will not be automatically renewed at the end of the franchise term even if the franchisee has performed in accordance with the franchise agreement.  What do you need to know as to whether the renewal is required by law? 

A Gump’s Brewery franchise agreement requires that beer be served fresh and purchased only from franchise headquarters.  

May the Brewery franchisee may brew its own beer, so long as it tastes as good or better than beer from the franchise headquarters?   

A Gump’s Brewery franchise agreement requires that beer be served fresh and purchased only from franchise headquarters.  

May the franchisor terminate the franchisee for not serving fresh beer even if there have been no complaints by guests? 

A Gump’s Brewery franchise agreement has a non-compete clause in the franchise agreement.

May the franchisor legally prohibit the bar owner from opening another bar-restaurant next door when the Gump’s Brewery franchise is terminated?

12. Does a hotel require a copyright license to have a violin player in the lobby, playing Mozart music?

Does a hotel require a commercial use copyright license for televisions in the guest rooms?

Does a restaurant require copyright licenses for singing servers singing current popular music in its restaurant, since they are not professional singers?

Is a hotel is violating trademark laws if it uses images of Star Trek characters in its bar, without permission?  

13. Does a restaurant have to pay a copyright royalty if its house band plays the FIU alma mater song, since FIU is a public university? 

May an FIU graduate sing the FIU alma mater song in the shower without a copyright royalty payment? 

May a private person have a hired DJ play Taylor Swift songs at the party without paying a copyright royalty?

Does a comedian have to pay a copyright royalty for singing current popular music with humorous lyrics? 

14. A hotel in Germany charges its guests based upon their weight.  

If this hotel was in the U.S., would the hotel be illegally discriminating because requiring guests to weigh themselves when registering is a breach of privacy?

A hotel in Germany charges its guests based upon their weight.  

If this hotel was in the U.S., would the hotel be illegally discriminating because guests must be charged equally?

A hotel in Germany charges its guests based upon their weight.  

If this hotel was in the U.S., would the hotel be illegally discriminating if it required the guest’s service dog to be weighed and included in the registration fee?

A hotel in Germany charges its guests based upon their weight.  

If this hotel was in the U.S., would the hotel would be illegally discriminating as to guests who were overweight due to a medical disability?



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Examination of Health Care Laws



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Examination of Health Care Laws

Introduction

The health law field currently has undergone, and will continue to undergo, enormous change. Among the multitude of challenges are legal implications that come with electronic health records (EHRs), payments based on patient outcomes, mergers, fraud, insurance disbursements, and antitrust laws—just to name few. In addition, disruptive medical innovations, such as biotechnology and treatment research, have created new concerns over ethics and privacy.

To perform proficiently as a health care administrator, the current environment requires that you have an understanding of key health care laws such as the following:

· Stark Law .

· HIPAA for Professionals .

· HITECH Act Enforcement Interim Final Rule .

· Emergency Medical Treatment & Labor Act (EMTALA) .

· A Roadmap for New Physicians: Fraud & Abuse Laws; Anti-Kickback Statute .

· The Genetic Information Nondiscrimination Act of 2008 .

Instructions

In this assignment, imagine you work as an administrator in a hospital or health care organization. You are being considered for a promotion and are being asked to prepare a report for senior leadership that demonstrates your knowledge and interpretation of one of the above-mentioned health care laws.

To complete this report, select a court case where one of these health care laws was violated. Write an analysis of the law and the selected case following the SESC formula: State, Explain, Support, and Conclude. Be sure to also address how organizational leadership in the selected court case could move forward to ensure that the health care law isn’t violated again in the future.

Your report should be at least five pages long and should include a title page and references for a total of 7–8 pages.

Grading Criteria

The grading criteria for this report is as follows. It must include the elements listed below, so be sure to address each point. You may also want to review the performance-level descriptions for each criterion in the scoring guide to see how your work will be assessed:

1. Analyze a court case where a health care law violation occurred.

2. Analyze the health care law that was violated in the selected case.

3. Evaluate the implications of the selected law on the health care system.

4. Recommend how the hospital should protect against another violation.

5. Support your thesis statement following the SESC formula (State, Explain, Support, and Conclude).

6. Use at least three peer-reviewed articles less than five years old.

7. Provide appropriate in-text citations and reference section.

8. Meet clarity, writing mechanics, and formatting requirements.



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What impact has Miranda had on confessions?



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Respond to the following discussion post in 150 words or more.  Use proper citations when referring to information from the text or when using outside resources.  Two peer responses required for each discussion post.

What impact has Miranda had on confessions?  What does the phrase “bright line” established in Miranda v. Arizona mean, and what impact has it had on custodial interrogations?

 



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