MGMT 520 Legal Political Ethical Dimension Entire Course Recent Keller

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MGMT 520 Legal Political Ethical Dimension Entire Course Recent Keller

MGMT 520 Legal Political Ethical Dimension Entire Course Recent Keller

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MGMT 520 Case Analysis Week 2-7 Keller

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CASE 8-2 Crosby v National Foreign Trade Council

Supreme Court of the United States 530 U.S. 363 (2000)

In 1996, the Commonwealth of Massachusetts passed a law barring governmental entities in Massachusetts from buying goods or services from companies doing business with Burma (Myanmar). Subsequently, the U.S. Congress enacted federal legislation imposing mandatory and conditional sanctions on Burma. The Massachusetts law was inconsistent with the new federal legislation. The National Foreign Trade Council sued on behalf of its several members, claiming that the Massachusetts law unconstitutionally infringed on the federal foreign-affairs power, violated the Foreign Commerce Clause of the U.S. Constitution, and was preempted by the subsequent federal legislation. The district and appeals courts ruled in favor of the council, and the Commonwealth appealed…

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Case 22-1 Requirement Boomer et al. v. Atlantic Cement Co.

New York State Court of Appeals 257 N.E.2d 870 (1970)

Defendant Atlantic Cement Company operated a large cement plant that emitted considerable amounts of dirt and smoke into the air. These emissions, combined with vibrations from the plant, caused damage to the plaintiffs, Boomer and other owners of property located close to the plant. The plaintiffs brought a nuisance action against the defendant, seeking an injunction. The trial court ruled in favor of the defendants; it found a nuisance but denied plaintiffs the injunction they sought. The plaintiffs appealed to the intermediate appellate court, and the judgment of the trial court was affirmed in favor of the defendant. The plaintiffs then appealed to the state’s highest appellate court…

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CASE 9-4 Audito v. City of Providence

United States District Court, District of Rhode Island 263 F.Supp.2d 2358 (2003)

The city of Providence, Rhode Island, decided to hire a class of police officers in 2001. All had to graduate from the Providence Police Academy to be eligible. Two sessions were held. To be qualified, the applicants to the academy had to pass a series of tests and be deemed qualified after an interview. Those judged most qualified were sent a letter informing them that they had been selected to attend the academy if they completed a medical checkup and a psychological exam. The letter for the applicants to the 61st Academy, dated October 15, stated that it was a “conditional offer of employment.”

Meanwhile, a new chief of police was appointed in Providence. He changed the selection process, which caused some who had received the letter to be rejected. Audito and 13 newly rejected applicants (who had completed the examination) sued the City of Providence in federal district court, seeking a halt to the 61st Academy unless they attended. The plaintiffs alleged in part that the city was in breach of its contract…

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CASE 21-5 McMillan v. City of New York

United States Court of Appeals for the Second Circuit 2013 U.S. App. LEXIS 4454 (2013)

Rodney McMillan had schizophrenia, which was treated with medication regularly. Despite this condition, McMillan held employment as a Case Manager for the HRA Community Alternative Systems Agency (CASA). His job duties included conducting annual home visits, processing social assessments, recertifying clients’ Medicaid eligibility, and making referrals. At McMillan’s place of employment, there was a “flex-time policy” which allowed employees to arrive at work anytime between 9:00am and 10:00am. More specifically, employees were not considered “late” to the office unless they arrived after 10:15am. Further, an employee’s tardiness could be approved or disapproved by that person’s supervisor.

McMillan testified in court that he usually woke up around 7:00am or 7:30am each morning, but his medications for schizophrenia made him “drowsy and sluggish.” As a result, McMillan often arrived late to work, around 11:00am. The Defendant City of New York did not contest that the reason for McMillan’s frequent tardiness was the treatment for his disability. For a period of time, McMillan’s tardiness was continuously approved by his supervisor. However, in 2008, McMillan’s supervisor Loshun Thornton, refused to approve any more of McMillan’s late arrivals. Later, on May 8, 2009, McMillan was fined for eight days’ pay for his late arrivals, and in 2010 the City brought charges of “misconduct and/or incompetence” against McMillan…

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CASE 25-6 Miller v. McCalla, Raymer Padrick and Clark, LLC

United States Court of Appeals for the Seventh Circuit 214 F.3d 872 (2000)

Miller (plaintiff) sued McCalla (defendant) for violation of the FDCPA (Act) for failing to state “the amount of the debt” in a dunning letter that the defendant sent. The plaintiff argued that the relevant time for determining debt is when it first arises, not when collection begins. The defendants replied that they did state the amount of the debt.

The lower court granted summary judgment for the defendants. The plaintiff appealed…

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CASE 17-3 Smith v. Van Gorkom

Delaware Supreme Court 488 A.2d 858 (1985)

In order to take advantage of a favorable tax situation, defendant Van Gorkom, chief executive of Trans Union Corporation (Trans Union or the Company), solicited a merger offer from Pritzker, an outside investor. Van Gorkom acted on his own and arbitrarily arrived at a buyout price of $55 per share. Without any investigation, the full Trans Union board accepted the offer informally.

The offer was proposed two more times before its formal acceptance by the board. Plaintiff Smith and other shareholders brought suit, claiming that the board had failed to give due consideration to the offer. The trial court held that the shareholder vote approving the merger should not be set aside because the stockholders had been “fairly informed” by the board of directors before they voted on it.

The court also found that, because the board had considered the offer three times before formally accepting it, the board had acted in an informed manner and was, therefore, entitled to the protection of the business judgment rule. The plaintiffs appealed…

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The case United States  v. Apple, Inc. et al. involved the U.S. Department Of Justice as the plaintiff and Apple Inc., together with five of the biggest publishers in the U.S., as the defendants (Justia, 2017).  In particular, these publishers…

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The Iphone 4 Antennagate suit was a class action lawsuit filed by U.S. residents who purchased the Iphone 4 (plaintiffs) against Apple, Inc. (defendant). In particular, it involved 18…

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In April, 2011, Apple filed a lawsuit against Samsung, alleging that the Korean company had copied their designs of the iPad and iPhone (Guglielmo, 2012).  In June, 2011, Samsung filed a countersuit against Apple, saying…

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In December, 2011, Brandon Felczer and other former Apple Store employees filed a case against Apple (Poeter, 2014b).  They accused the company of failure to provide timely meal and rest breaks; failure to provide accurate…

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The case involves the United States of America as the plaintiff and Paul Shin Devine and Andrew Ang as the defendants. Devine is a former global supply manager of Apple while Ang is a former employee of Mould Manufacturing, an Apple…

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From 2011 to 2016, Apple has been paying Nokia modest royalties for the use of the latter’s patents (Goel and Scott, 2016, 2016).  This was based on Nokia’s claims that Apple and the manufacturers of Android-based phones would not…

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The first case in this presentation that depicts constitutional issues, international law issues or administrative agency issues is United States v. Apple, Inc. et al. It involved the U.S. Department of Justice as the plaintiff and Apple Inc., together with five of the biggest…

MGMT 520 Threaded Discussions Week 1-7 All Posts 448 Pages Keller

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MGMT 520 VIDEO CASE STUDY: COURT SYSTEMS AND JURISDICTION—SUPREME COURT SIDES WITH WALMART Week 1 DQs All Posts 72 Pages Keller

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Watch the video case study (linked below), then post your comments and discuss this case. This story is about the Supreme Court’s decision. What process did this case have to go through to get to the Supreme Court? Do you think that suing was good for the women in order to get the information in the public about Walmart? Do you think that there is anything we can do legally to address this unequal justice? By unequal I mean that it seems that big business has the money and means, yet the employees do not. Did majority opinion play a role in this case? If so, what was the role? Why do you feel as though the individual case was stronger than the group case? One theme is certainly how hard it is to prove challenging issues as well as how can you prove it when the policies are clear, but the culture does not support the policies? Do you think that the women and their legal team could have done anything differently for a more positive outcome?…

MGMT 520 VIDEO CASE STUDY: CONSTITUTIONAL LAW FOR BUSINESS AND E-COMMERCE Week 2 DQs All Posts 66 Pages Keller

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Watch the video case study (link below) and discuss the case emphasizing the connections between business, law, politics, and ethics. Do you think that requiring IDs is the best approach or is there another way to be effective? It is obvious that parents cannot have complete control. Children are in schools and other public settings where they can be exposed to violent video games. As such it is important for the government to take this into consideration and determine how best to protect all citizens. Class, any suggestions to address this challenging issue? If there is a law in place in a state then the vendors must abide by the law. Do you agree? Do you have any ideas on the responsibility of the parents to protect their children from violence? What restrictions do you suggest?

If you know that something is wrong and against your code of conduct what can you do legally? What are your thoughts on addressing this legally as well as morally?…

MGMT 520 VIDEO CASE STUDY: INTENTIONAL TORTS AND NEGLIGENCE Week 3 DQs All Posts 58 Pages Keller

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Watch the video case study (link below) and discuss the case emphasizing the connections between business, law, politics, and ethics. Do you feel that the laws are clear and suitable for customers in this case? Why is understanding the difference between an intentional tort and negligence relevant to the case about hotel drains? Would a plaintiff meet the requirements of negligence if they sued a pool manufacturer for the danger? What defenses might that manufacturer have? Why should the manufacturer be involved in they are currently manufacturing safe drains? How do we know when those drains were purchased? Was a recall used in this case?…

MGMT 520 VIDEO CASE STUDY: NATURE OF TRADITIONAL AND E-CONTRACTS Week 4 DQs All Posts 56 Pages Keller

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Watch the video case study (link below) and discuss the case emphasizing the connections between business, law, politics, and ethics. Do you agree with results of the case?  Why of why not? Is it worth it for their image to settle or pay millions? In addition, the grocery store chain closed down. Was the lawsuit a contributing factor to the company’s demise? What type of case do you consider this to be and why? Do you think that the benefits to Taco Bell outweighed the monetary judgment?…

MGMT 520 VIDEO CASE STUDY: EMPLOYMENT, WORKER PROTECTION, AND IMMIGRATION LAW Week 5 DQs All Posts 71 Pages Keller

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Watch the video case study (link below) and discuss the case emphasizing the connections between business, law, politics, and ethics. What changes would you propose that would address the challenges with FMLA and paternity leave? What are your thoughts on how this can assist with addressing FMLA? Any idea on how this can be addressed? Under what authority in the constitution could Congress mandate that employers give paid leave for maternity or other family medical leave?…

MGMT 520 VIDEO CASE STUDY: WARRANTIES Week 6 DQs All Posts 67 Pages Keller

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Watch the video case study (link below) and discuss the case emphasizing the connections between business, law, politics, and ethics. Why is it important for a consumer to understand the different types of warranties? What can we learn, if anything as consumers, from this case?…

MGMT 520 VIDEO CASE STUDY: CORPORATE ACQUISITIONS AND MULTINATIONAL CORPORATIONS Week 7 DQs All Posts 58 Pages Keller

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Watch the video case study (link below) and discuss the case emphasizing the connections between business, law, politics, and ethics. Do you feel that the company made the right decision for the long term success of the company? What is the status with retirees now? What are your thoughts on the choice made by the organization in this case? Was it fair to the employees? What are your thoughts on the decision of the company? Do you think it was the best action for the long term success of the business? Did you find that the merger did benefit the entire organization or were there challenges for some facets of the business?…