Contract and Mgmt520 Entire Course

MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM 4 weeks ago MGMT 520 Week 2 Assignment Administrative Regulations download [http://homeworkfox. com/tutorials/business/12944/mgmt-520-week-2-assignmentadministrative-regulations/] Assignment: 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? 1. Describe the proposal/change. 1.Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. 1. Provide the â€Å"deadline† by which the public comment must be made. (If the date has already passed, please provide when the deadline was. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act. a. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court. a. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why? 4 weeks ago Magnus Grimmers 0 †¦ Add a comment : Google http://mgmt520. blogspot. com/search? pdated-min=2013-01-01T00:00:00-08:00-max=2014-01-01T00:00:00-08:00-results=23 Page 1 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM 4 weeks ago MGMT 520 Week 3 Homework ES download [http://homeworkfox. com/tutorials/business/12945/mgmt-520-week-3-homework-es/] 1) What are the elements of negligence that Mr. Margreiter will need to prove ag ainst the hotel in order to win his case? List the five elements here. 2) Applying the facts you have from the case problem above only, lay out a case for negligence against the hotel.Use the elements to outline the case. Start with the first element, explain what facts you have for or against that element, and then continue through the five elements of negligence. If you do not have enough facts to make your case, explain what facts you would need to have in order to support a case of negligence. 3) What defense(s) does the hotel have on its side? List (and define) those here. Very briefly state why you think the hotel could use this defense 1. Question : During an appeal, the appeals court is required to rely on the evidence submitted during the trial.The â€Å"record,† which is made by both parties during the trial, including all objections and other submissions of evidence, is binding on the appeals court, unless it was erroneous or not reasonable to believe or accept tha t evidence. Further, decisions of fact and credibility are typically left to the jury to make, and appeals courts prefer not revisiting those decisions (unless they are beyond the weight of the evidence or defy credulity. ) Because the jury can weigh the body language of the witnesses during trial, and the record on appeal can't show that, appeal courts prefer allowing juries to make â€Å"fact-finding† decisions.Judges on appeal try to look for legal theories to overturn cases (or uphold them. ) They make the â€Å"law† based decisions, based on the record before them. With that understanding, explain the decision of the appeals court in the Margreiter case. In doing so, discuss which facts the court relied on in its decision and which facts the losing party requested the appeals court decide the case on, although it refused to do so. 2. Question : Now review the Nordmanncase. The Margreitercourt used this case to assist it with making its decision (see line two of pa ragraph #4 of the Margreiter opinion. What did the Nordmann court say was the â€Å"duty of care† a hotel owes to a guest to protect him from injury by third persons? Provide that here. Then, review the facts that the Nordmann court relied on to determine there had been a breach of the duty by the Nordmann court. Briefly recite those here as well. 3. Question : Notice that the Margreiter court doesn't state which duty it imposed on the hotel – it simply recites as â€Å"precedent† the Nordmann case for its legal basis. Now that you know the duty of care that the Margreiter court used in its decision, briefly compare the two sets of facts from the two cases.Then answer these questions: a) Do you feel that the Margreiter case had as strong facts as did the Nordmann case for holding the hotel liable? Why or why not? b) Which facts do you feel most strongly weigh in favor of the court's decision in the Margreiter case? c) Which facts do you feel were a stretch by th e court in Margreiter? d) Which case do you feel was more of a â€Å"slam-dunk† case to decide and why? http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 2 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) /1/13 11:20 PM 4. Question : Do you agree with the decisions by the Nordmannand Margreiter courts? Do you feel that the decisions were ethical in nature? Why or why not? Use one of your ethical dilemma resolution models to analyze the court's decision of one of the two cases to help support your answer and include that analysis in your answer (i. e. , Laura Nash, front page of the newspaper, Blanchard & Peale, Wall Street Journal). Make sure to set out the steps of the model and apply your reasoning and facts to the model in your answer. 4 weeks ago Magnus Grimmers 0 †¦Add a comment : Google 4 weeks ago discussion/] MGMT 520 Week 4 You Decide Team dis cussion download [http://homeworkfox. com/tutorials/business/12946/mgmt-520-week-4-you-decide-teamScenario Week 4 You Decide GM520 Legal, Political and Ethical Dimensions Scenario Summary This group project covers a contract dispute situation. As a group, work through the following questions. Feel free to ask further questions in the thread of your group members, and answer your group members questions as well. The best work will be where all group members work together to get the questions answered.You will be graded on the quality of your posts, but points will be deducted if your answers are duplicates of your group members'. Take turns and build on posts. The questions below have more than one part within each of them so work through them together. Have fun with this! The main thing is that you learn from this exercise, along with creating some quality collaboration with your group. Read the Group Project under Course Home or the Assignments page for this week for the full gradi ng rubric for this group project. Good luck! Download and review thecontract here. http://mgmt520. blogspot. com/search? pdated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 3 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM Your Role/Assignment You are the manager of a large data processing project. Your company, Systems Inc. , worked very hard to obtain a contract with Big Bank to do their conversions from their recent acquisition, Small Bank. The bank met with several companies to discuss who would do the best work on the contract. During your meeting with Big Bank, you told them that you had â€Å"never missed a conversion deadline. At the time, your company had never missed a conversion deadline, but the company had only done three conversions. You also told them that your data processing systems were the fastest around. † After months of negotiation, Big Bank signed the contract. The president of Big Bank said, â€Å"We like fast, and you guys are fast. We choose you. † You started work on the data conversion immediately (ahead of contract). According to the contract, your team was responsible for ensuring that the new bank’s data were converted to Big Bank’s data processing system. The contract involved six large conversions.The first involved converting Big Bank’s savings accounts, the second its checking accounts, the third its investment portfolio, the fourth its credit card, the fifth its mortgage portfolios, and the six its large business loans. Your team completed four of the six conversions without a problem. The fifth task, the largest and most important, has encountered numerous problems. Some problems have been based on personnel issues on your part and other issues have been based on the bank’s failure to provide you with necessary information. One issue resulted when the conversion was delayed for over one week.Th e data to be converted were formatted differently than the bank’s previous specifications provided. For that reason, the data conversion fields needed to be changed. A provision in the contract required your company to receive four people’s approval before making any changes to the conversion data fields, and one of those four people, Glenda Givealot, was out of the country doing missionary work in an area of the world that did not have cell phone reception. Another issue resulted when the conversion was supposed to occur. Because of the change in the timeline, the conversion schedule had to change.The weekend the conversion was rescheduled to occur, an ice storm struck the state where your data processing computers were housed. Your facility lost electricity for 3 days and the conversion was delayed again until power could be restored. KEYPLAYERS Big Bank President The bank’s president, who is a known hothead, was furious. He called you after power was restored and yelled, â€Å"We are rescinding this contract! † He also threatened to take the case to court to seek damages. Systems Inc. President Your company president wants this situation resolved amicably.He also wants to maintain the contract with the bank, as he sees the potential for a large amount of business with the bank in the future if this contract proves successful. Corporate counsel believes that the bank just needs to be shown that they are out of compliance with the contract just as we are and that both parties are to â€Å"blame. † He wants you to start negotiations with the bank to modify certain provisions of the contract to make expectations clearer. YOUDECIDE Activity Below is the list of questions you should work together to answer in this thread. Feel free to come up with more to answer together if you need them.Can Big Bank’s president rescind the contract? Under what circumstances can a contract be rescinded by either party? What facts have to be alleged and proven? What is the result of a contract that is rescinded? Big Bank’s president also threatens legal action. What potential causes of action could you foresee him bringing in court? Would he be successful? Why or why not? What arguments could Systems Inc. raise in its defense? What are Big Bank’s potential damages? Review the facts provided http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 4 of 30MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM and the sample contract. What provisions of the contract could you cite to support an argument that it is not in Big Banks best interest to rescind the contract? What facts could you cite to support an argument that Big Bank be responsible for some of these issues and/or not in compliance with the contract? In this situation, amicable resolution of problems is greatly preferred by your compa ny. Would this be true in all contract disputes? In what situations and why would you decide to move to litigation over amicable resolution?There are three types of contract performance: complete, substantial, and material breach. Describe the differences (and similarities) among the three, and explain some of the legal ramifications for one or more of these types of performances. (e. g. , what happens if one party performs completely but the other party performs only substantially? ) Give examples from outside readings or experiences in your career or personal business life. What are the two most important concepts from this exercise that will help you in future contract negotiations? (All students must answer this question for full credit in this project. You Decide: Contract Creation and Management – Group Discussion Thread Make sure you have a â€Å"Group† thread showing this week. If not, e-mail your instructor ASAP. Review the You Decide Scenario found in your Gr oup Area. Enter the Group Thread by no later than Wednesday to discuss the aspects of the scenario with your group. Your grade will be based on making at least six good, high-quality posts over at least three days to the thread that reflect on the You Decide's contract issues and that answer the questions posed at the beginning of the thread. Your instructor will NOT lead this thread – it will be up to the groups to run the thread. Take this opportunity to get to know your classmates in your group! ) You earn 75 points in this project, set up as follows: (60 possible) Quality/quantity post points. You can earn up to 10 points for each high-quality post to the thread. A high-quality post will reflect on a learning tip from the You Decide, provide significant factual background from the You Decide that helps explain a learning point being made in the threads, pose an exceptional question that moves the group thread forward in a manner that creates more learning (while respondin g to another student's question or hought), or will provide a definitive and analytical answer to one of the main questions in the thread. Faculty may deduct points for less-thanhigh-quality posts (however, making more than six posts will help â€Å"ensure† that you will achieve the full complement of points, as you will get credit for each post you make, up to the maximum amount of 60 points for this part of the project). (10 possible) Days posted. You must post on at least three days. You will get 3 points credit for each day you post. (â€Å"I agree†- or â€Å"Yeah, great post! â€Å"-style posts will not count for a â€Å"day posted. The post must have some quality to count on the day). One point will be given to each student who posts their first post to the Group Project thread by no later than Wednesday. (5 possible) Group points. How well your group works together will give you 5 possible points. Ways to get points include the following: build on each other' s posts (i. e. , read group members' posts and respond) and ensure all questions in the SIM project thread beginning are covered (i. e. , don't duplicate group members' work – build on their answer or answer another question).Ways to lose points include requiring instructor intervention in the group process, failing to work together, and ignoring each other's posts. (This group grade will be the same for each student in the group who posts value-added posts on at least three days in the thread. If a student posts less than three days, his or her group grade may be lower than the other group members' grade due to not helping the group with facilitation of the thread. Harassment or lack of netiquette in a thread may also be a reason for an instructor to deduct one group members' grade over others. 4 weeks ago Magnus Grimmers 0 Add a comment http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00-max=2014-01-01T00:00:00-08:00-results=23 Page 5 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM †¦ : Google 4 weeks ago MGMT 520 Week 5 Midterm exam download [http://homeworkfox. com/tutorials/business/12947/mgmt-520-week-5-midterm-exam/] 1. Question : TCO B.Infuriated when Harry Reid is re-elected during the 2010 fall election, the Republicans in Congress decide to take matters into their own hands. In 2011, the House of Representatives passes a new â€Å"Freedom isn't Free Act† that requires that anyone who wants to vote in the 2012 presidential election must prove that they paid at least $200 in federal income tax in the past year, including people aged 18 (who typically are deducted on their parents' returns and do not pay income tax). Anyone who received the â€Å"earned income credit† is barred from voting unless they return the payment from the government.Proof of payment of the tax can be made by showing a copy of the prior year's W2, a copy of the prior year's tax return, or a signed statement from the IRS stating that the payment of more than $200 in federal income tax has been made. Citizens who do not pay taxes can still vote if they donate $200. 00 to the federal government as voluntary income tax and get a statement from the IRS that they have done so. The law sunsets on December 31, 2012. List two bases under which someone impacted by this law could argue to have the law overturned. 2. Question : TCO F.When Vanna White sued Samsung for appropriation and under the Lanham Act, she won her case under the California common law right of publicity claim and under the Lanham Act. List the eight Sleekcraft factors that are required to prove a Lanham Act complaint. 3. Question : (TCO C) Bud Johnson owns a General Motors dealership in Pierre, South Dakota. At the request and expense of General Motors, Bud traveled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the Roughrider, designed to compete against the curren t offering of SUVs.Bud went to the proving grounds in the desert around Phoenix and spent a day watching the vehicle demonstrations. Bud and other dealers drove the vehicles, and much dust resulted from their driving. A http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 6 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM few weeks later, Bud became ill with flu-like symptoms. He was finally diagnosed as having coccidioidomycosis or â€Å"valley fever. Valley fever is a disease well known to Arizona residents, and most have had it if they have lived there over 10 years. Newcomers are particularly vulnerable to the disease because the exposure to dust seems to build up immunity among the residents. Bud became quite ill and brought suit against the car manufacturer that invited him for its failure to warn him about the valley fever phenomenon before he came o ut to the testing grounds. Answer the following questions, and use cases and theories from the text to support your arguments: Was there negligence in the failure of General Motors to warn Bud? 15 points) Discuss all defenses General Motors may have. (15 points) Does strict liability in torts apply to this situation? Why or why not? (10 points) 4. Question : TCO D: Barney and his 16-year-old son BamBam are riding in Fred's car. Fred had taken some prescription medication that morning that stated on the bottle, â€Å"Warning, may cause drowsiness. † The truck in front of them suffers a blow-out, and swerves uncontrollably. The tire remnants fly into the road, Fred swerves and hits a car to his left. He avoids hitting the truck with the blow-out but suffers damage to the left side of his car.BamBam hits his head on the side of the car, getting a concussion and permanently losing the sight in his right eye. Fred has state law required auto insurance with the minimum policy limit s. Fred's wife, Wilma, immediately calls Betty, BamBam's mom, and apologizes when she finds out about BamBam losing his eye. Wilma says to Betty, â€Å"Please don't worry. We will pay for anything the insurance doesn't cover, including the loss of BamBam's sight and anything else he needs to recover and live a normal life. † Betty sobs and says, â€Å"You are too good to us. We can't accept that. † Wilma says, â€Å"Of course you can. Betty cries harder and says, â€Å"Thank you so much but (unintelligible)† and hangs up. Fred and Wilma own a house worth $450,000, a car worth $20,000, a full-size T. rex skeleton for which a museum has offered $200,000 in the past, and some stocks and bonds worth $700,000. A lawsuit ensues and a judgment against Fred and for BamBam is entered for $300,000. The insurance company paid their cap of $250,000, leaving $50,000 remaining due. Fred and Wilma immediately pay BamBam $50,000. Further, Wilma buys a designer eye-patch for Ba mBam made specifically by Calvin Klein with a picture of Fred and Wilma's daughter, Pebbles, on it.Wilma hugs BamBam when she brings over his new eye patch and says, â€Å"Anything. Anything you need. We will take care of it for you. † Fred rolls his eyes at Barney, and Barney sighs and shakes his head. Betty and Wilma both cry at how adorable BamBam looks with his new eye patch. Barney buys BamBam a new car, specially designed for people with one eye. Wilma finds out and calls Betty, asking how much the car was. Betty says they are making payments on the car of $450/month for the next 4 years. Wilma writes Betty a check for $450, and sends her one every month for the next 8 months.Eight months after the judgment was rendered, BamBam is discovered to have more damage to his head than originally thought. He loses sight in his other eye and now is totally blind. BamBam's parents sue Fred and Wilma again for personal injury, but the case is thrown out as the first case already d ecided the injury case. Fred refuses to pay more to BamBam, and he takes the checkbook away from http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 7 of 30MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM Wilma when he discovers she's been making BamBam's car payments. The two families stop speaking to each other. BamBam throws away his now useless eyepatch and becomes despondent. His dreams of being a drag racer seem to be over. BamBam's attorney refiles the case, this time on grounds that Wilma's statement to Betty was a binding contract that requires that Wilma pay any remaining damages to BamBam, for the remainder of his life. Was Wilma's statement a binding contract?Using the law of contracts, explain why or why not. Does BamBam's age have anything to do with your answer? Can Fred be bound by the potential contract Wilma may have entered into? Use the law of agency to explain your answer to that question. Did Wilma's purchase of the eye-patch give BamBam a greater leg to stand on in court? What about the car payments she made? Explain fully your answer to these questions. 5. Question : TCO I. Marianne Jennings wrote an article, â€Å"Why an International Code of Ethics would be good,† which was assigned to be read at the beginning of the course.As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read Marianne's article and can apply her theories and thoughts from that article to the scenario provided. Feel free to rely on the information you know about the situations (if real) or analogize to another one, if you wish. Include in your answer at least two specific concepts from Marianne's article, and apply t hose concepts to your reasoning in your answer.You will be graded on your knowledge of the article as well as the application of ethical theories to international situations. An oil travesty has occurred. In the Gulf Coast, British Petroleum's deep-sea oil well has had a major malfunction and has exploded. The explosion killed many oil workers. The oil well began spewing oil into the Gulf, and now the entire southern portion of the United States coastal areas has been destroyed. BP initially came out with advertisements using the CEO of the company apologizing and promising to make this right for the citizens of the United States.Then, the CEO was removed by BP from working the disaster. The crisis continues. Based on the â€Å"timing† of the crisis and resolutions that have occurred at the time of your exam, answer the following question using the most relevant facts you know. Using Marianne Jenning's article, would an international code of ethics have assisted with the hand ling of this crisis? Would it have helped BP avoid this crisis? Do you see this as an ethical issue? Support your answer with concepts from her article, as well as other ethical reasons. 6. Question : TCO A.Use the fact pattern you received in the above Marianne Jennings â€Å"International Code of Ethics† question to answer this question. Analyze and propose a solution to the problem you received above using the Blanchard and Peale method. Show the steps, apply the facts, and provide a proposed solution you would suggest. 4 weeks ago Magnus Grimmers 0 Add a comment http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 8 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM †¦ : Google 4 weeks ago MGMT 520 Week 6 You Decide ES download [http://homeworkfox. com/tutorials/business/12948/mgmt-520-week-6-you-decide-es/] 1. Question : Teddy's Supplie s' CEO has asked you to advise him on the facts of the case and your opinion of their potential liability. He wants to settle the case. Write a memo to him that states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws that apply and any precedent cases either for or against Teddy's case that impact liability.Include in the memo your suggested â€Å"offer of settlement† to Virginia. Back up your offer using your analysis of the case against Teddy's. 2. Question : The NJ Human Rights commission found that Pollard was the victim of sexual harassment and disparate treatment. Please answer these questions: a. Provide the most current definition of â€Å"sexual harassment,† including a definition of quid pro quo and hostile environment sexual harassment. Name an appellate court case in which an employer was found liable for either quid pro quo or hostile environment sexual harassment.Describe the facts of the case and the decision the court came to in the case. Include the citation to the case and a link to it online. Would the case apply to Pollard's case? Why or why not? Would you want to use this case in Teddy's favor or Pollard’s favor? (10 points) b. Explain which form of sexual harassment you suspect the NJ Human Rights commission found Virginia had been a victim of and why you feel that is the case. Provide law or a case to support your position. If you feel Pollard was not a victim of harassment in this case, explain why you feel that way, and provide law or a case to support your position. 10 points) c. Explain what defenses to sexual harassment Teddy's had in this case. (Include the name and citation of at least two federal or state sexual harassment cases that provide precedent support to your defense statement. ) (10 points) d. What is disparate treatment and why do you think the Human Rights commission found it had http://mgmt520. blogspot. com/search? updated- min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 9 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) /1/13 11:20 PM occurred? Do you agree with this decision? (10 points) 3. Question : Review the sexual harassment policy that Teddy's has in place and that Virginia Pollard signed. Virginia Pollard claims she had planned to make an anonymous complaint but the website allowing that was down on the day she tried to do so. During the Human Rights Commission case, a review of the website statistics shows that Virginia accessed the website for downloading dental coverage forms at least three times during the time frame of the alleged discrimination.The commission determined that this ability of Teddy's to track employees' use of the site was a violation of their anonymity and therefore refused to consider this information. The circuit court did consider this in their decision. Provide three recommendations to the CEO for a way to ensure that employees in the future can not claim â€Å"technical issues† for why they didn't make a complaint. Explain, in your recommendations, the legal consequences to an employee if they do not utilize the complaint mechanism of the sexual harassment policy. Support these recommendations with current case law. 4.Question : How would Pollard's case be impacted if her replacement had been a female? Would her case be different? Would her damages be different? Explain your answer. 4 weeks ago Magnus Grimmers 0 †¦ Add a comment : Google 4 weeks ago MGMT 520 Week 8 Final Set 1 download [http://homeworkfox. com/tutorials/business/12949/mgmt-520-week-8-final-set-1/] 1. TCO D Short Answer Question and Facts for Page 1 Questions: A well known pharmaceutical company, Robins & Robins, is working through a public scandal.Three popular medications that they sell over the counter have been determined to be tainted with small particles of plastic explosive. The plast ic explosives came from a Robins http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 10 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM & Robins supplier named Casings, Inc. , that supplies the capsule casings for the medication pills. Casings, Inc. , also sells shell casings for ammunition. Over $8 million in inventory is impacted.The inventory is located throughout the Western United States, and it is possible that it has also made its way into parts of Canada. Last fall, the FDA had promulgated an administrative proposed rule that would have required all pharmaceutical companies that sold over-the-counter medications to incorporate a special tracking bar code (i. e. , UPC bars) on their packaging to ensure that recalls could be done with very little trouble. The bar codes cost about 35 cents per package. Robins & Robins lobbied hard against this rul e and managed to get it stopped in the public comments period.They utilized multiple arguments, including the cost (which would be passed on to consumers). They also raised â€Å"privacy† concerns, which they discussed simply to get public interest groups upset. (One of the drugs impacted is used for assisting with alcoholism treatment – specifically for withdrawal symptoms – and many alcoholics were afraid their use of the drug could be tracked back to them. ) Robins & Robins argued that people would be concerned about purchasing the medication with a tracking mechanism included with the packaging and managed to get enough public interest groups against the rule.The FDA decided not to impose the rule. Robins & Robins' contract with Casings, Inc. , states, in section 14 B. 2. a. , â€Å"The remedy for defects in supplies shall be limited to the cost of the parts supplied. † Casings, Inc. , had negotiated that clause into the contract after a lawsuit from a person who was shot by a gun resulted in a partial judgment against Casings for contributory negligence. List any bases Robins & Robins could sue Casings, Inc. , under contract theory ONLY for the damages caused by the explosives in their drugs, over and above the cost of the capsule shells. short answer question) (Points: 15) 2. TCO B. The FDA discovers that, during the public comment process, Robins & Robins bribed one of the members of the administrative panel that decided to pull the rule from consideration. The member of the panel was removed and is being charged criminally. As a result, the FDA immediately implements an emergency order that puts into effect the â€Å"tracking bar† requirement and makes the rule retroactive, but only to Robins & Robins. Provide two arguments Robins & Robins can make to have the rule determined to be invalid under the Administrative Procedures Act.Explain your answer. (Points: 30) 3. TCO C. Robins & Robins immediately issued a massive r ecall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. Their families are considering suing for both 402A and negligence.The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died. You are an employee with the FDA. You are drafting a memo to your boss analyzing the FDA’s liability and explaining why the FDA did the right thing in deciding not to pass the original tracking bar (UPC) rule. You are specifically being told to respond to the issue of the deaths and illnesses. What would you write? Include (and fu lly explain) any defenses you feel that the FDA could use against any negligence or public relation cases.Explain what liability (if any) the FDA could have to the victims and their families. (Points: 30) 4. TCO A. It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their â€Å"fake† recall failed. Using the Blanchard and Peale method of analyzing ethical dilemmas, analyze the ethical dilemma faced by the http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 11 of 30MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, life-threatening recall. Analyze their â€Å"fake† recal l as well. Show all of the steps of the model and give a recommendation to the CEO of what to do now that the deaths are escalating. What is the â€Å"right† thing for the CEO to do in this case? (Points: 30) 5. TCO I. A Canadian citizen whose child died from the medication sues the FDA for allowing the sale of dangerous medication in Canada.The lawsuit is filed in the International Court of Justice (ICJ). Is this the proper court to hear this case? Why or why not? (short answer question) (Points: 15) Question 2 – 2 essays, 30 points each. 1. TCO E. Anna and Lisa both sue Pastor Forester and the school under Title VII. Analyze their Title VII lawsuit against the school and Pastor Forester. Explain whether you feel that the two injured teachers have cases for recovery (describe the theories and whether you feel they will be successful).Discuss whether the school being a religious, private school has any bearing on liability or protection from liability. Include all defe nses available to the school and Pastor Forester. (Points: 30) 2. TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a pastor. His real name is Jerry Birches, a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1,000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks.The president of the board of directors immediately fires Pastor â€Å"Jerry Birches† Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors. He then sues the school for firing him for being a convicted felon. He claims that is illegal, and he publicly attacks the church for their â€Å"less-than-Christian† beha vior in firing him. The board immediately convenes to discuss â€Å"damage control. It knows you took a law and ethics course recently and asks you to write a news release to the local newspaper explaining the situation. Using ethical and legal considerations (including the fact you are in the middle of multiple lawsuits), write the brief news release. Then, explain why you wrote it the way you did. (Points: 30) – Exact – XX Page 3 – Two essays at 30 points each. 1. TCO F. Ellen DeGeneres sues Clean Clothes for the use of a look-alike model for the slacks advertisement. She includes Lanham Act, misappropriation, and â€Å"right of publicity† claims in her complaint.Clean Clothes countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for impacting their men’s clothing sales with her unsolicited comment. What facts will Ellen use to support her cases, and why will those support her cases? What defenses will Ellen have against Clean Clothes's and JOSB's countersuits? Do you think any of the three will win their cases? Why or why not? (Points: 30) 2. 2. TCO G. It is discovered that 2 weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200).The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), and she made another $210,000 in the next week on that trade. The swing in the price was not directly tied to her comments but was suspected to be a result of a recall JOSB made on their entire line of men's black and brown dress slacks when it was discovered that they had been sewn together with white thread. Ellen's previous trading activity shows that she made it a normal practice to â€Å"vigorously trade† the stock of any company with which she did business.A review of her trading activity for the past year showed that she had bought and sold JOSB http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦0 0-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 12 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM stock 25 different times, including short sales like this one. Her overall trading for JOSB stock for the last 12 months was a net loss of $82,000. 00. Do you think the SEC will file anything against Ellen for her sales of JOSB?Is there any cause to do so? Analyze her transactions with respect to insider trading activity (based on what you know) and whether she should be concerned. Is her prior trading activity a defense? Should Ellen have avoided discussing JOSB publicly on her show because she typically trades their stock? (Points: 30) 4 weeks ago Magnus Grimmers 0 †¦ Add a comment : Google 4 weeks ago MGMT 520 Week 8 Final Set 2 download [http://homeworkfox. om/tutorials/business/12950/mgmt-520-week-8-final-set-2/] TCO D Short Answer Question and Facts for Page 1 Questions A well known pharmaceutical compan y, Robins & Robins, is working through a public scandal. Three popular medications that they sell over the counter have been determined to be tainted with small particles of plastic explosive. The plastic explosives came from a Robins & Robins supplier named Casings, Inc. , that supplies the capsule casings for the medication pills. Casings, Inc. , also sells shell casings for ammunition. Over $8 million in inventory is impacted.The inventory is located throughout the Western United States, and it is possible that it has also made its way into parts of Canada. Last fall, the FDA had promulgated an administrative proposed rule that would have required all pharmaceutical companies that sold over-the-counter medications to incorporate a special tracking bar code (i. e. , UPC bars) on their packaging to ensure that recalls could be done with very little trouble. The bar codes cost about 35 cents per package. Robins & Robins lobbied hard against this rule and managed to get it stopped in the public comments period.They utilized multiple arguments, including the cost (which would be passed on to consumers). They also raised â€Å"privacy† concerns, which they discussed simply to get public interest groups upset. (One of the drugs impacted is used for assisting with alcoholism treatment – specifically for withdrawal symptoms – and many alcoholics were afraid their use of the drug could be tracked back to http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 13 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM hem. ) Robins & Robins argued that people would be concerned about purchasing the medication with a tracking mechanism included with the packaging and managed to get enough public interest groups against the rule. The FDA decided not to impose the rule. Robins & Robins' contract with Casings, Inc. , states, in sect ion 14 B. 2. a. , â€Å"The remedy for defects in supplies shall be limited to the cost of the parts supplied. † Casings, Inc. , had negotiated that clause into the contract after a lawsuit from a person who was shot by a gun resulted in a partial judgment against Casings for contributory negligence.Robins & Robins sues Casings, Inc. , for indemnification from suits by injured victims from the medication, for the cost of the capsule shells, for attorney's fees, and for punitive damages. List any defenses Casings, Inc. , would have under contract theory ONLY. (short answer question) 2. TCO B. The FDA decides to require all pharmaceutical companies to immediately implement the tracking bars (UPC) as a result of the disaster with Robins & Robins. Robins & Robins decides not to challenge this and begins the process of adding them to all of their products. However, McFadden, Inc. a New York pharmaceutical company, realizes that this new requirement is going to bankrupt them immedi ately. McFadden did not participate in the original public comment period. However, this rule is different from the rule that went through that public comment period in that it specifically names four companies as being impacted: Robins & Robins, McFadden, Inc. , Bayer, and Johnson & Johnson. On what bases can McFadden challenge this requirement imposed by the FDA, and can they be successful? Provide at least two bases under the Administrative Procedures Act and justify your answer. Points: 30) 3. TCO C. Robins & Robins immediately issued a massive recall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. T heir families are considering suing for both 402A and negligence.The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died. You are the attorney for one of the dead children’s family. List the causes of action (if any) you would file against Robins & Robins, the FDA, and the bribed FDA member. List the elements of the causes of action, and set forth the facts that you have that would support a lawsuit against each of the three named defendants. State any defenses any of the three would have. Analyze the success of the defenses. TCO A.It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their â€Å"fake† recall failed. Using the Laura Nash method of analyzing ethical dilemmas, analyze the ethical dilemma fa ced by the CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, life-threatening recall. Analyze their â€Å"fake† recall as well. Show all of the steps of the model and give a recommendation to the CEO of what to do now that the deaths are scalating. What is the â€Å"right† thing for the CEO to do in this case? Did the model help you come to this conclusion, or did you use some other method? Explain. 5. TCO I. A Canadian citizen whose son (resident of Ontario) died from the medication sues Robins & Robins in a California court. The court there is well known for being victim friendly and providing huge payouts to victim families. In Canada, the cap on nonpecuniary damages is around $300,000. Punitive damages in Canada are rarely allowed. Robins & Robins moves to dismiss the case under the theory of sovereign immunity.Will Robins & Robins win this motion using this theory? Why or why not? (short answer question) (Po ints: 15) Question 2 – 2 essays, 30 points each. http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 14 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM TCO E. Anna and Lisa both sue the school and Pastor Forester for discrimination and further, for liability for their injuries (the stabbing damages and the damages to Lisa’s son’s health. You are one of the board of directors and need to analyze the liability of the school. Limit your answer to the SCHOOL'S liability only. Write a brief memo as to whether Pastor Forester committed illegal or discriminatory practices in his brief tenure described in this situation. Then, analyze the potential liability of the school. Discuss agency liability, as well as any employment law aspects. Explain whether you feel that the two injured teachers have cases for recovery against the school. Discu ss whether the school being a religious, private school has any bearing on or protection from liability.Include all defenses available to the school. TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a Pastor. His real name is Jerry Birches, who is a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. The President of the Board of Directors immediately fires Pastor â€Å"Jerry Birches† Forester and notifies his parole officer of the violations.Pastor Forester claims the board knew about his background, because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors. He then sues the school for firing him for being a convicted felon. He claims that is i llegal, and he publicly attacks the church for their â€Å"less than Christian† behavior in firing him. The board immediately convenes to discuss â€Å"damage control. † They know you took a Law and Ethics course recently and ask you to write a news release to the local newspaper, explaining the situation.Using ethical and legal considerations (including the fact you are in the middle of multiple lawsuits), write the brief news release. Then, explain why you wrote it the way you did. Page 3 – Two essays at 30 points each TCO F. Ellen DeGeneres sues Clean Clothes for the use of a look-alike model for the slacks advertisement. She includes Lanham Act, misappropriation, and â€Å"Right of Publicity† claims in her complaint. Clean Clothes countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for impacting their men’s clothing sales with her unsolicited comment.What facts will Ellen use to support her cases and why will those support h er cases? What defenses will Ellen have against Clean Clothes and JOSB's countersuits? Do you think any of the 3 will win their cases? (Why or why not. ) 2. TCO G. It is discovered that two weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200). The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), and she made another $210,000 in the next week on that trade.The swing in the price was not directly tied to her comments, but was suspected to be a result of a recall JOSB made on their entire line of men's black and brown dress slacks when it was discovered that they had been sewn together with white thread. Ellen's previous trading activity shows that she made it a normal practice to â€Å"vigorously trade† the stock of any company with which she did business. A review of her trading activity for the past year showed that she had bought and sold JOSB stock 25 different times, includi ng short sales like this one.Her overall trading for JOSB stock for the last 12 months was a net loss of $82,000. 00. Do you think the SEC will file anything against Ellen for her sales of JOSB? Is there any cause to do so? Analyze her transactions with respect to insider trading activity (based on what you know) – and whether she should be concerned. Is her prior trading activity a defense? Should Ellen have avoided discussing JOSB publicly on her show since she typically trades their stock? (Points: 30) 4 weeks ago Magnus Grimmers 0 Add a comment http://mgmt520. blogspot. com/search? pdated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 15 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM †¦ : Google 4 weeks ago MGMT 520 Week 1 Dq 1 National and international ethics – Patent rights download [http://homeworkfox. com/tutorials/business/12951/mgmt-520-week-1-dq-1-nation al-andinternational-ethics-patent-rights/] National and international ethics – Patent rights In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was ent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and US Senators. According to a report from the CDC, 22 people who were infected with the anthrax spores which were mailed out in two separate attacks, and of those, five persons died. (CDC) Fortunately for many of the victims, once it was established and known that anthrax was the cause of the illnesses (and deaths), Bayer was able to provide for sale to the victims and to others who feared becoming victims, a drug they had invented and patented called â€Å"Cipro. Bayer, AG, is a German based company, which has plants in various countries, the U. S. included. Bayer was founded in 1863 and is well known for its trademarked â€Å"aspirin† (1899) but not so promi nently known for its trademark of heroin in 1900, marketing it for decades as a children's cough medicine. During the first and 2nd world wars, Bayer was involved in chemical warfare manufacturing and has spent a considerable amount of time and money overcoming some of the repercussions of their involvment in those wars and the atrocities which occurred during them.Despite this, they remain a well-respected name brand in many households throughout the world. (GMWatch) Bayer had paid reparations after World War II and had its patent for aspirin stripped from it and awarded to a US Company due to its involvement with the World Wars. Bayer wasn't allowed to even use its name until 2000 and so during the anthrax crisis, kept a low profile as a deliberate means to avoid appearing â€Å"exploitive of the problem† of the anthrax scare in the U. S.Once the anthrax scare happened, however, Cipro went into high demand, and people all over North America were stockpiling the drug, making it even more scarce and driving up the cost. Because only people with prescriptions could purchase the drug in the U. S. , Mexican pharmacies capitalized on the market and starting selling it to the US citizens for a huge profit. Canada became frustrated with Bayer's refusal to answer their questions about its ability to meet production needs in the event the anthrax crisis went global. It http://mgmt520. blogspot. com/search? pdated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 16 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM suspended Bayer's patent and ordered other drug companies to produce their generic formulas. Bayer immediately threatened such companies with litigation in the event they violated the patent on Cipro. (Jennings) The U. S. Congress began considering suspending the Cipro patent as well. The CDC announced a warning to people stockpiling Cipro that it was a dangerous dr ug with serious side effects which people should not use without medical supervision.Many argued that the US suspension threat was simply used to negotiate down the price of Cipro, and in fact, Health and Human Services Secretary Tommy Thompson was instrumental in these negotiations. At no time during the situation was Bayer unable to fulfill the orders or needs for Cipro. Bayer had $1 billion in Cipro sales in the year prior to the anthrax attacks (Herper, 2001) At the time of the crisis, Bayer's statement of corporate values was: Our goals are to steadily increase corporate value and generate a high value added for the benefit of our stockholders, our employees and the community in every country in which we operate.We believe that our technical and commercial expertise involves responsibility to work for the common good and contribute to sustainable development. (Jennings, 2008) Now, more than a decade after the crisis, you can review Bayer's newer mission and values statements on their US website (http://www. bayer. com/en/mission—values. aspx). Let's discuss this scenario using the ethical dilemma resolution models and the information about social responsibility in our text, as well as using the International Code of Ethics article you can find here or in doc-sharing, authored by our textbook author, Marianne Jennings.Are there situations in which a company, for the common good, must give up the economic advantage accorded by intellectual property laws? Should Bayer have followed its own credo more than it seemingly did? Was it unethical in threatening litigation to those who attempted to thwart its patent rights? And was the US and Canada unethical in using their governmental actions in ignoring patent law to gain a negotiating edge in getting the price of Cipro lowered during the crisis? Would an International Code of Ethics have assisted in this scenario? 4 weeks ago Magnus Grimmers 0Add a comment 4 weeks ago MGMT 520 Week 1 Dq 2 As the pendulu m swings. Ethics and the Law download [http://homeworkfox. com/tutorials/business/12952/mgmt-520-week-1-dq-2-as-thependulum-swings-ethics-and-the-law/] As the pendulum swings. Ethics and the Law. All of us know what happens when a pendulum rests at the bottom of its swing, with nothing acting upon it. It quietly waits for something to start its movement. However, once something has started it swinging, we have all witnessed how long it takes for it to stop – the heavier the pendulum the higher it http://mgmt520. logspot. com/search? updated-min=2013-01-01T00:†¦00-08:00-max=2014-01-01T00:00:00-08:00-results=23 Page 17 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM swings. Law, Ethics and Politics work together like a Newton's cradle – a conglomeration of multiple pendulums which collide, sending each one higher in the air, with every â€Å"click† at the bottom of the swing forcefully sending the others shooting off in other directions. We've decided to start this course off with a pendulum swinging.Over the last few years, we have witnessed unprecedented financial devastation throughout the business and banking world. This all has occurred AFTER the pendulum swinging regulations which were put into place and are discussed in Chapter 2 of your textbook – Enron, Worldcom, and other ethically challenged companies caused Congress to pass legislation (Sarbanes-Oxley) which was supposed to protect companies and the public from unethical behavior by their leaders. Marianne Jennings refers to prosecutors as â€Å"ethical officers† in companies listed on the call-out on page 62 – AIG, Bear Stearns, Morgan Stanley, and KPMG.Of these firms, we have witnessed the implosion of some of them and all of their roles in these companies is open to discussion this week. My question to you for the beginning of our dissection of the relationship among the law, politics and ethics: Is law t he catalyst for starting the pendulum swinging? Or is it ethics? Politics? Or all three — and of the three — which one SHOULD be the catalyst? Our textbook author wrote an article in 2010 for The Arizona Republic entitled â€Å"The Moral Hazard of Walking Away from Debt† reprinted in our textbook on pp. 491-492.Reading this may assist you in collecting your thoughts about this thread. When we see that the interaction of all three can impact our wallets, our ability to purchase a home and our children's or grandchildren's ability to live like we do — is it our job as business professionals to avoid unethical behavior which will set off the Newton's cradle? For example – the U. S. home mortgage crisis has impacted the world's global economy. Do we have an ethical responsibility to do something about this? What other industries have had major international impacts caused by the U. S. ctions? And what is it that we should do? 4 weeks ago Magnus Grimm ers 0 Add a comment 4 weeks ago MGMT 520 Week 2 Dq 1 Administrative Regulations Discussion download [http://homeworkfox. com/tutorials/business/12953/mgmt-520-week-2-dq-1administrative-regulations-discussion/] Week 2: Administrative Regulations – Discussion Chapter 5, Problems 7 and 4 (graded) Please study the problem found in e-book Chapter 5, problem 7, and answer the following questions: On appeal to the U. S. Supreme Court, 1. Can the statute survive a constitutional challenge? 2.Is there a â€Å"rational basis† for the statute? http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦00-08:00-max=2014-01-01T00:00:00-08:00-results=23 Page 18 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM 3. What effect does the evidence to the contrary have on the statute's constitutionality? We will also read and discuss Chapter 5 problem 4 in this thread, the Pike v. Bruce Church case. Note that this case is available online, but heads-up! The U. S. Supreme Court has overturned a significant part of it.We will talk about this and â€Å"judicial review† during the week as well. Much to do! 4 weeks ago Magnus Grimmers 0 Add a comment 4 weeks ago MGMT 520 Week 2 DQ 2 Too much regulation – or not enough download [http://homeworkfox. com/tutorials/business/12954/mgmt-520-week-2-dq-2-too-muchregulation-or-not-enough/] Week 2: Administrative Regulations – Discussion Too much regulation – or not enough? (graded) On pages 209 through 213, your textbook has a series of cases and problems, most of which have been taken from real cases in the United States regulatory world of business.Each case has a unique feature to it, and provides future business leaders with guidance about the landmines which await when the government gets in line to attempt to regulate your business. Every day, profitable businesses meet hurdles of regulation which happen seemingly â€Å"out of the blue. † Yet, under the Administrative Procedures Act (which exists at the federal level as well as in many if not most states, which have their own acts), rules of publication and due process do come into play.Savvy business leaders stay in front of these new and proposed regulations through many avenues, which we will explore and discuss this week, along with a fact scenario. As way of background, let us take you through a few of the cases in the book. First, problem seven, page 211, Chapter 6: In 1994, the company which owned Hooked on Phonics, Gateway Educational Products, Inc. , entered into an agreed settlement with the FTC whereby they agreed not to make claims about how their product assisted young readers without proof from extensive research which supported their advertising claims.This was despite results from a yearlong study of several first-grade classrooms which showed vast improvement in students' reading skills. (Nathans, 1994) The FDA regulates new drugs and medical procedures for the U. S. , as discussed in your textbook problem number eight, page 211, Chapter 6. However, the FDA's control is limited by law. The U. S. Dept of Health and Human Services is the federal dept to which the FDA reports. You can review the FDA's role in Lasik surgery on their very extensive website found at http://www. fda. gov (FDA role page: http://www. da. gov/MedicalDevices/ProductsandMedicalProced

Ecofeminism in the 21st Century Essay

Ecofeminism in the Twenty-First Century. by Susan Buckingham Introduction Since ‘ecofeminism’ was developed as a concept in the 1970s (1), there have been, arguably, major policy shifts in the fields of gender (in)equality and environmental sustainability. Thus a consideration of the achievements of, and work outstanding for, ecological feminism is warranted. In this paper, I will assess the changing policy landscape to explore the extent to which this has structurally altered gender inequalities and societies’ treatment of the environment, and the imbrication of these wo processes. In order to do so, I will look at the rising profile of gender mainstreaming at the international, European Union (2) and European national level; the application of the ‘feminism’ debate to environmental concerns; and the shifting of the ‘radical edge’ of ecofeminism, to explore future possible trajectories (see, for example, Plumwood 2003; Seager 2003). To some extent, I will suggest that the transformation of policy and development rhetoric to include gender, as distinct from women’s issues (itself, arguably, a ‘post-feminist’ dilution of women’s equality), masks fundamental attachment to ‘business-as-usual’, where social roles, pay differentials, political representation and environmental degradation remain little changed. However, there is, I argue, sufficient evidence to identify the influence of ecofeminist thinking on major policy initiatives concerning the relationship between women, men and environment at a variety of scales. The central question of this paper, then, is whether ecofeminism (as a distinct discourse, or as an amalgam of feminism and environmentalism constructed in different times and places in different ways) has hanged the way in which Western society articulates the relationship between men, women and the environment. This, of course, is a problematic and speculative exercise and will follow from an analysis of how discourse and practice themselves have changed. This paper will consider key changes to gender equality as it is linked to environmental sustainability, and explore how women’s/feminists’ interests have helped to shape the environmental debate in the past decade. I will try to unpick dominant discourses which, on the one hand, are beginning to ‘naturalize’ (some ould say neutralize) environmental concerns (where the terms sustainable development and environmental sustainability are common currency but poorly understood to the point of being anodyne), but on the other hand are marginalizing feminism, to examine the impact of this on ‘ecofeminism’. Finally, I will explore the territory of ecofeminism’s leading/radical edge to speculate on where this may take both conceptual understanding and policy in the future. First, however, to put this discussion into context, I will briefly review ecofeminist arguments to illustrate their ange, before focusing on the constructivist approach, which has had the most traction in gender/environment debates in the last two decades. Ecofeminist approaches It is tempting to use a retrospective to try to impose some sort of order on past intellectual activity, and what I am attempting to do first in this article is to explore whether there is an intellectual trajectory, through a not necessarily coherent body of thinking and writing on gender and environment in the late twentieth century. In teasing out the possible relationship between women’s position, gender anage the environment, ecofeminist writers in the 1970s and 1980s explored the relative importance of essentialism and social construction in these relationships. The social constructivist analyses (which tended to dominate French and British writing; see, for example, Mellor 1992) drew from the Marxist and social feminist literature to show how women’s position in society (as, for example, carers of children and other vulnerable family members, domestic workers, and low paid/status workers) derived from prevailing social and economic structures, which exposed them to a particular set of environmental incivilities. The specifically ecofeminist argument here proposed that, since the same social and economic structures also produced wide-scale environmental damage, then women could, in some sense, ‘share’ this experience and were therefore better placed to argue on nature’s behalf. The essentialist argument that underpinned some of the North American and Australian analyses proposed that women had a particular relationship with nature by virtue of their biology (predominantly as actual or potential child bearers) and that this proximity to nature qualified them to speak more eloquently on nature’s behalf see, for example, Spretnak 1989; Daly 1978). Different authors drew on each position to different degrees, and much of the critique of ecofeminism (well articulated in Biehl 1991) over the past 20 years has focused on the problems perceived with essentialism, and on the validity of a shared experience between the human and non-human. Dennis Smith (2001), in discussing the role of gender in peace and conflict, has argued that essentialism is often used as a tool to mobilize a group around a perceived characteristic which sets it apart, and, certainly, cultural ecofeminism (prioritizing essentialist arguments) did so. Its strength was to demonstrate the possibility of a way of thinking and being which reversed the normal hierarchy in which men stood at the peak; however, little academic feminist environmental thinking is currently framed in this way.

Genetically Modified Organisms

Some people might ask why agriculture is so important, or why it would matter to me? Well there are many reasons why it matters; it matters because farming is what built this country. We are going to go over a few main points including feeding, livestock, tractors, and equipment. Farming is also very important because it is what feeds the people everywhere; they grow the food that you see every day.In bread and cereal there is wheat which is mostly grown down in Kansas. Wheat is found in any different products like flour, bread, crackers, and anything with whole grain. Crops like these including corn and soybeans contribute too many things that make what are food is today. Corn helps with ethanol, corn starch, flour, and high fructose corn syrup. Soy beans help with oil; like vegetable oil and the grease in the fryers they use in fast food restaurants. Speaking of restaurants, you can't have a restaurant without beef or pork.The cattle industry has been on a rise for a long time, bee f is all your hamburgers, steaks, and roasts you have come to know and love to eat. The pork industry has been on the rise from what it has been. A couple of years ago it took a major drop, my dad had to sell his hogs because they weren't worth it. They would cost more to feed then the money you get back from selling them at the sale barn. This was Just one business that almost went broke from having hogs, Nebraska Pork Producers went broke a few years ago and two big businesses bought them.Those business are Pilled Family Farms and The Masochism, they both have over a 100,000 hogs. That's a lot of pork! You may not know and this may take you by surprise was all hose things are connected to each other. The corn, soybeans, beef, and pork all connected together because the farmer grows the corn and soybeans and takes some of it to COOP and puts the rest of the bin and feeds it to his livestock so they can gain weight and take them to the sale barn and sell them.There has been much adv ancement in raising livestock. People think that livestock is Just for food; well it helps in the medical field to. It helps in the medical field because they use pig skin for skin grafts, they use their organs in insulin. They also use their hide for anything leather, rugs, and mats. Their hooves and horns help to make combs and brushes; and even the poop of the cows, pigs, horses, and whatever else there is, they don't go to waste.Farmers use their poop to spread manure on their fields and pastures so their grass in the pastures and the crops in the field can get more nitrogen. That way the crops can grow more and be healthier. Feeding and breeding livestock has become well planned and they can be on a strict diet so they can put out nice healthy calves and so the cow doesn't have problems giving birth. When feeding calves and cows you can give them rations of feed, like for a couple says you give a pen of 150 calves bosses of feed and then you give them more the next day so they have bosses of feed.The reason they get more feed is because they're Just like kids, when they grow more they eat more. Breeding livestock has had many advancements including selective breeding, which is when you take your best male and your best female and you have them mate, so they can put a nice, strong, and healthy baby. There has also been changes in the genes of cattle. A while ago they made pure bred red Angus, and if you don't know Angus cattle are all black. There also is a black Hereford, and regular Hereford re red and white.They have also messed around with Hereford genes because they had white around their eyes which means they can get cancer of the eye and blind really easily, but they have made it so that they can put red around their eyes so that doesn't happen. Hereford usually have horns, but people have found out that they can kill you, or they can get their heads stuck really easily and when they get stuck they panic, and break their necks trying to get out, but that's changed because they have made it so you can get them without horns, they are called polled Hereford. Artificial Insemination is another form of breeding cattle.You can do it and not even have a bull, you can buy them off of people who get the semen from their bulls and sell them. It is Just like how they inseminate people; they take a rod with semen and put it in the cow's vagina. That semen contains the characteristics of that bull you bought it from, you want to buy the semen from a bull that is strong, big, and has the features you want the calf to have. The bull has specific birth weights for the calves they can have, like if the bull's birth weight is supposed to be boss-boss then that is hat the calf is supposed to weigh.You pay for the bull you want, if you buy a cheap one then it is most likely the bull won't have a very good birth weight. It also depends on the mom, it depends how big her pelvic is, and if the calf is too big it can hurt her by getting stuck and no t being able to go through, and then you have to do a C- section on the cow, it also hurts her in general and can pull her vagina inside out, or a vaginal prolapsed. Then if that happens you have to call the veterinary to put it the vagina back in and sow it up.After the calf they have gets fat enough to sell they well o to the slaughterhouse. At the slaughterhouse the cattle go through a pre- inspection and if the cattle pass the inspection they get to be slaughtered. How they kill it, is they take a gun powered by air, and it has a small metal rod that it shoots in the brain and pulls back out. It kills them instantly and is painless. Then they get hung upside down and their main artery cut so they bleed out, then they get skinned and they start cutting them up and taking out the meat.Speaking of cattle and slaughtering them, the person who feeds the cattle needs a feed wagon to do it and other equipment. There have been numerous advantages in feed wagons. The first feed wagons ma de where Just chains that brought the feed up and out of a spout. The first feed wagons were also very small, like the Kelly-Ryan feed wagon was their fifth. Manure spreader with a few modifications. Then they started making bigger feed wagons and with augers that mix the feed.That way you're not Just feeding silage in one spot and hay in the other, you feed it all equally. Cattle feeding have become almost a science, because now people feed them minerals and weight boosters so they grow faster. Cattle can also gain weight faster if they put implants in their ear, implants are small pellets that you put under the skin of the ear and they help to gain weight faster. Feed wagons now have orbit motors that run everything, the spout going up and down, the chains or augers running the feed out, vertical beaters, and the 3 or 4 auger mixer.In feed wagons with augers, the augers spin in a way to bring the feed forward and down to the spout and then the chains or augers take the feed out. A farmer's equipment is Just as important as he is, without his farm equipment he wouldn't be able to do anything. He wouldn't be able to disk, plant, feed, and anything else that needs to be done with a tractor. With equipment there has been many advantages made with making them more accurate, larger, and being more efficient.A planter used to be very simple, you put the seed in the box and the wheels turn, dropping the seed and a disk blade would push it into the ground. Now they have GAPS so it's straight, maybe a couple inches off, they also have it on air systems which uses air to push the seed in the ground and they have it so you don't have to disk before, it's called no-till. Planters have also put tanks on them and on the tractors that are filled with nitrogen and certain herbicides and pesticides. They spray out the back right on top of the dirt where the seed is so it can soak into the seed.Manure spreaders have had numerous advances from what they used to be. They used to be boxes with a chain that drags across the floor to take the manure back to a cylinder with teeth that throws it across the ground. Manure spreaders today have gotten much bigger; some can hold up to 42 tons of manure. There are two types of manure spreaders, one type has 2 horizontal beaters, and the other has 2 vertical eaters, but they both have a door that comes down in front of the beaters so no manure can fall out or push against the beaters and get them Jammed.The horizontal beaters go side to side and are run by orbit motors and they flop the manure out the back so that way you can haul frozen manure in the winter without ruining your beaters and motors. With vertical beaters they are run by orbit motors to, but they can't have frozen chunks, cement block, or anything hard go through the beaters because they are closer together and they explode the manure out the back really far. They both have a big door in the back that is run by hydraulics. The chain that drags the manu re to the back is run by 2 orbit motors on each side.There have been many advances in agricultural equipment including tractors. Tractors used to be steam powered, and now they are run by diesel. Tractors have been advanced in and outside the tractor, tractors have cabs and the cabs have become more fancy then Just a seat, steering wheel, and levers. They now have climate control, heated and cooled seats, they have air ride seats and air ride cabs, and everything is electronic, like the hydraulics, throttle, gear shifter, and all the seat controls.Tractors have also advanced in horsepower, older tractors used to be like 40-80 horsepower and now they have tractors with over 600 horsepower. They have gotten so big because they need that horsepower to pull the equipment because they have gotten bigger too so farmers can farm more and get more done. Tractors have little seats in them for people that are called buddy seats with mini fridges underneath them but they aren't supposed to hav e people with you in the tractor so they are called instructor seats.You can put GAPS on your tractors so you can plant straight and the have made it so you can use GAPS on your cultivators to. Tractors have 3-points on the back which are Just 2 bars that have holes in the end and you back up to a cultivator or another piece of equipment and you slide a pin through both. Then there is a top one and it is the same as the bottom 2. Tractors now have quick hitches which allows you to Just back up to the equipment and pull up 2 levers on each side and when you are lined up with hole that has a pin through it you pick it up and it is a hook that catches the pin and then you can flip the levers down.They have also made it that the top bar is hydraulic so that you don't have to leave the cab. It allows you to move the quick hitch so it is facing up or down if your piece of equipment is facing up or down. Tractors have also become more fuel efficient too. Now in tractors they have your fuel , oil pressure, and all your other gauges on the dash or up along the corner of the cab. It also shows you how much fuel you are burning in an hour; they also have powerhouses and COW transmissions.A powerhouse lets you go through all the gears without ever touching the clutch. A COW is like that but there is no shifting. If I had to pick one it would be the tried and true powerhouse. The powerhouse is so much better and I'm speaking from personal experience, Joe Beck once rented a 300 horsepower Challenger with front wheel assist tractor because he needed a new tractor and so he demoed that one and when it was pulling a 22 foot disk the transmission couldn't take it and it sheared the transmission.So after the people came out and got it we hooked up a Case 8930 Magnum, which has 150 horsepower and is 2-wheel drive, pulled the disk with ease through the field. Balers have become more advanced over the years. They used to just pick up the hay with a chain and Just roll it into a litt le bale that is about Ft long ND is rolled up like a Tornado from Pump and Pantry. They also have square bales that make them into little squares and they have also made big square balers that make bales into big squares.Other balers would be like loafers and they pick up the hay and put them into loaves like bread, there is also Just the regular round baler that pickups the hay and makes it into a round bale. They have monitors in them that tell you how wet the bale is, how big it is, when you are supposed to let it out the back, when to close the back, when you're out of mesh wrap, and when there is something wrong. Combines have made many changes over the years. They came from people Just picking the crop by hand to driving and picking 24 rows at a time.Combines used to not have a cab on them, then they put them on since it would get dusty and hard to breathe, you could have gotten dust pneumonia, and other lung problems. They started putting heaters and air conditioners in them and then nicer seats, and now they have cooled and heated seats, dashes that tell you what the moisture is, like how wet the corn or beans are, and they have switches for lifting up the head or lowering it instead of levers. There are many other pieces of equipment that is involved in agriculture including pickups and semis.There are many pickups out there from many different countries, but the American made pickups are Ford, GM, and Dodge. Ford was the first company to have an assembly line, they paved the way to mass production of different products. The Ford F-series have been the number one best-selling in the US for the past 30 some years. Ford was the first to put diesels in their % ton pickups. They had International build them the 6. 9 liter diesel that had 200 horsepower and non-turbo.

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[Banking and Management] Assess the advantages and limitations of universal banking OR all purpose financial institutions - Essay Example tional economic investments, the Chinese banking sector has undertaken the strategies of integrating investment services, advisory and underwriting service, home finance and asset management under the same umbrella of the commercial services provided the banks. The universal banking service offered by the Chinese state-owned banks has certain advantages as well as the limitations. On one hand, the aspect of universal banking enables the banks to increase their sales revenues and profitability by catering to the investment demands of the worldwide markets apart from the commercial services. The limitations of offering universal banking products and services lay due to the fluctuation of international economic conditions and the fluctuation of interest rates, exchange rate that would increase the risk exposure of the investment services. The concept of universal banking includes a wide range of financial services provided by the banks in order to cater to the regular banking as well as the investment needs of the customers. The aspect of â€Å"all purpose financial institutions† is related to offering comprehensive service to the customers that also help the banks to diversify the risk of their business. The various banking products and solutions that are offered under the system of universal banking includes savings and deposits accounts, loans and credit services, management of assets, investment service, underwriting services, financial analysis, advisory services, processing of payments, etc. However, banks may choose to offer specific products and services in a universal banking system depending on their specializations. The Chinese banks have been recently named by a magazine as the one of the world’s largest and profitable banks in the world (Linda and Julapa, 2000, p.33). However, this does not mean that the Chinese banking sector is more resilient to the complexities of international economies. Although developments in the Chinese banking sector have

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World Trade Organization Benefits - Assignment Example The past history has seen many wars that erupted due to the hostile feeling for each other that existed between the nations, the element of hostility in the trade and exchange was one of those reasons. After the Second World War, when there was a slight realization of avoiding the atmosphere of trade tension, an international level organization was brought into play which was called General Agreement on Tariffs and Trade (GATT). W.T.O is a platform that has bridged various nations of the world onto a single platform, it has been in action since 1995, through which they achieve exchange of goods, and material and benefit their own economies as well as the regional economies. It has a pre defined set of rules that are created in the most suitable manner with focus on international peace and trade promotion. The modern world and its citizens have benefited in a considerable amount from this body and it has provided innumerable benefits to the modern industrial era, few of those advantag es and benefits are as follows: Element of peace: The incumbent body in place has made many things possible which would otherwise be not possible. It has given hope for a better world which would be dominated by the peaceful exchange of goods and material, since trade always enables the exchange of good feeling between the two parties, therefore W.T.O in a subsided manner plays the role of peacekeeping and relationship building as well. Trade and exchange opens routes for exploration and harmony. W.T.O while being a very large scale entity has the privilege of bringing about various nations which were long engulfed in chains of hatred and distances. While it was evident in past that many countries could not engage in a bi lateral trade amongst each other due to various reasons, the W.T.O has wiped off that excuse and has engaged many nations in trade relations through means of third party trade and multi lateral exchange on a large scale. The W.T.O provides a platform which in a gen tle manner obliges various nations to start trade which each other regardless of their previous history of disputes and tussles that may have existed in past. History can be dug to find out that many disputes over trade resulted in large scale wars, however on the contrary to that perception; world trade organization provides a platform for resolving all disputed issues pertaining to the trade and exchange. Inclusion of Saudi Arabia: The inclusion of Saudi Arabia is believed to benefit the organization, its partner companies as well as Saudi Arabia itself. For this reason, Saudi Arabia has under gone number of steps that would further ease its process towards the entry into the large international block. Abiding by these laws, it would benefit the Saudi local market and would improve the standard of living and benefit the government, local investors and the citizens. Role of Third party mediator: While some critics may argue that trade and exchange may engulf various nations into di sputes and disagreements, this fear is grounded through the presence of a centralized body in form of W.T.O. It plays the role of mediator and ensures that no party violates the rules or reaches to a level which is unacceptable and beyond the manifesto of the W.T.O accord. W.T.O obliges nations to bring their disputes to the table and strictly prohibits each member from taking any individual action which is against the rules specified. Definition of Rules: An undeniable fact of every business of the world is existence of rules, be it small scale exchange or large scale exchange between two nations or two groups of nations, rules are must for any exchange. The advantage of W.T.O is the fact that it has enabled

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Marketing - Assignment Example Threats are competitions who are strongly positioned while opportunity is the growing interest of coffee drinkers for a sophisticated taste of coffee. As a formulation of an international marketing strategy, recommendation is for entry of Costa Coffee using a differentiated business approach. The purpose of this report is to analyze the critical factors required in entering a foreign market. The chosen country is Azerbaijan which is located in Southwestern Asia, bordering the Caspian Sea, between Iran and Russia, with a small European portion north of the Caucasus range. (CIA 2012). Costa Coffee needs to decide on the four types of entries to this market, namely: exporting, licensing, joint venture, and direct investment (Washington Secretary of State. Corporations Division). Costa Coffee has also need to plan the appropriate strategy in its entry. The market strategies established are the technological innovation, (the superiority of the product); product adaptation (modifications in the existing product); Availability (low price strategy); or total adaptation (conformity strategy). Azerbajan has a total population of 9,643,000 as of 2011 (CIA). It is composed of 3,436,459 females and 3,307,88l males in the bracket of ages 15-64 and a male population of 227,172 and 367,675 bracket of 65 years and above. Population is composed of Azeri 90.6%, Dagestani 2.2%, Russian 1.8%, Armenian 1.5%, other 3.9% (1999 census). Population growth rate is 1.017% with a rank of 114 in world comparison. Baku, its capital holds 1.9 million people. 2. Economy. Its high economic growth is attributable to a large and growing oil exports, construction, banking, and real estate. Obstacles to its progress is said to be the public and private sector corruption and infrastructure inefficiencies. The country also needs a stepped up foreign investment in the non-energy sector. It imports