Read the United States Supreme Court case of Preston v. Ferrer, 128 S.Ct. 978 (2008). The ruling is attached, which is located at http://www.law.cornell.edu/supct/html/06-1463.ZO.html. Answer the following questions about the case: What is the issue? What were the primary arguments made by the plaintiff and defendant?
Scenario 1: Walter Does It His Way Jonathan operated a landscaping business as a sole proprietor. Jonathan's business picked up in the spring and summer, so he asked his friend Walter to help him. After doing some research, Walter determined that he could become an employee or act as an independent contractor. Walter was exci
Little Ltd. is a small, publicly-traded company that owns a valuable patent. Little has approximately 1,000 stockholders and about 100,000 shares authorized and outstanding. Big Company would like to buy out all of Little's assets, but Little's board of directors refused the offer. Big has now tendered an offer to all of Little'
Val purchased a computer from Gateway, Inc. Upon starting the computer, she was asked to agree to a number of provisions in the contract of purchase in order to continue initial installation. The program indicated that if she did not wish to agree to the terms, she could return the computer to Gateway at Gateway's expense. One o
If someone breaks a contract, the other party can generally sue and win some form of damages. But for centuries, the law has considered land to be unique. And so, a lawsuit that involves a broken agreement for a sale of land will usually result in an order of specific performance. Is this ancient rule still reasonable? If so
If a person promises to give you a gift, there is usually no consideration. The person can change his mind and decide not to give you the present, and there is nothing you can do about it.But if a person makes a contract with someone else and intends that you will receive a gift under the agreement, you are a donee beneficiary a
Liability in Practice Scenario 1: SuperKool is a company that makes air conditioners and sells them out of its SuperKool stores. SuperKool also sells used air conditioners of its own brand, which the company identifies as selling "as is" with no express warranty. For the new air conditioners that SuperKool sells, 1) What types
Discuss the legal requirements from the employer's standpoint in regards to employee discipline, and provide examples of a situation related to each one. There is a 75 word minimum response required.
1) How is information technology, especially the growth in digital networks (LANs, wireless (at home and at the workplace), iPods, iPads, Blackberries, cell phones, etc), changing the way people work in organizational environments? Give 2 business related examples. 2) Consider the earlier flap over Internet monitoring softwa
Sheila Weathers started as a bank teller, and over time was promoted to various positions. It was peculiar to her that her co-worker, Jake Sentry, was paid a higher salary for doing virtually the same work. It was time to meet with their boss, Gordon Demway, to discuss the matter. In the meeting, Weathers rattled off her job
Disruptive Change: how to manage the "disruptive change" occurring in the marketing and sales function of the healthcare sector, and how to continue to make the patient experience the focus.
Resource: Kongstvedt, P. (2013). Essentials of managed care (6th ed.). Burlington, MA: Jones & Bartlett. Chapter 16 ends with several questions and a conclusion related to the marketing and sales function of the healthcare sector. Describe your plan to manage the "disruptive change" the author describes. How will the patien
What is your perspective regarding environmental restrictions and economic freedom. Explain your rationale and support your view with research. Be sure to address the topics of sustainability, change management, regulation, and competition.
1. Explain Little's Law and how it can be used. 2. Define a process and basic process measures such as cycle time and utilization. 3. Explain how a firm determines its available capacity. 4. The United States economy cannot support itself solely on its service industry. Do you agree or disagree with this statement? Defend y
Compensation based on pay for performance models is not new to corporate America, but it is practically unheard of in the law profession, until recently. Law firms are now seriously considering abandoning the traditional and long-established lock-step compensation system for a more rigorous pay-for-performance system. What could
For the case Griggs v. Duke Power Company 401 U.S. 424 (1971), discuss the facts, the issue, and the court action and provide an analysis.
Shirley Hoffman was a whiz at her indexing job at Caterpillar Inc. She moved faster than almost anyone, even though she was born without a left arm below the elbow. Several accomodations, including rearranging some items in her work space, allowed her to do the job. But when Hoffman asked to be trained on the department's high-s
How does the Sarbanes Oxley Act affect foreign corporations?
I am in the process of preparing a response regarding UAVs as emerging technology in law enforcement. Could someone please give me a brief overview of this topic? The main areas I need assistance in are regarding the value chain analysis for law enforcement that includes the public, law enforcement officials, and suspects. How s
Employees may lose focus for their job duties and begin to miss work due to outside stress factors, such as caring for an ill spouse. When an employer notices errors and uncharacteristic issues with a worker, there are one of two things that can be done: define the problem and create a solution - or ignore it. This solution includes a reference on Federal labor laws that may apply, along with containing over 350 words.
The textbook case posed by the student was: You are a member of the senior hospital administration. You become aware of a problem involving a long-time and well-respected employee, as well as the employee's suervisor. The employee in question is a social worker; a very competent and very conscientious professional. His wife has
1/ Explain the value of documentation in performance rating systems and how it can create change in the organization. 2/ Select an athlete from the national football league and study the performance trends of his career. Once you have reviewed his performance trends, provide three bullets about how his career has been succes
Identify and discuss the advantages and disadvantages of business regulations.
An entrepreneur buys a business, then discovers the seller has taken a job with the competition. The potential ramifications could be decreased sales as the former owner is now soliciting business away from the new owner. This solution is over 300 words and includes a reference on the type of legal protection the entrepreneur may have.
The solution is more than 300 words, with a reference, to analyze what happens when an entrepreneur buys a business and discovers the previous owner is now working for the competition. The specific textbook case is: A man entered into a contract to buy a small business from the entrepreneur who had started it. Before completing
1. Issues: What is the problem with Children's advertising? Trace the sequence of events that led to the new law on consumer protection. Assess the intensity of social pressures leading to the law and its evolution. Represent the evolution in a curve, indicating the key events that permitted to divide into distinct phases. What
Which is better option of organization if you are opening an small business with a partner and both are investing the same amount of money, a partnership, a corporation or a limited liability company? Which will pay less taxes? Which is better protect against lawsuits or torts?
Case Study: William Stern vs. Mary Beth Whitehead New Jersey Supreme Court 109 NJ 396, 537A. 2d 1227 Decision: February 2, 1988 Facts: William and Elizabeth Stern placed an advertisement looking for a surrogate mother. Mary Beth Whitehead responded and entered into a contract with William Stern. Elizabeth Stern, Willi
Q#1 Also, please remember that an employer never has to "create" a job for a disabled employee. The employee must always be able to perform the "essential" functions of the job in order to be "qualified" for the job, and, therefore protected under the ADA. Please elaborate on this statement. Q#2 I work in HR so I am always
I and my partner have recently started a residential landscaping and lawn care company in Kearney, Nebraska. We are anxious to gain new customers and we bids for services are generally lower than other residential landscaping and lawn care companies in this area. Because of our pricing and because we are so prompt and efficient
You are a member of the management team at your place of employment. You have been tasked to create a policy for the termination of employees "for just cause." What specific components would you include in your termination policy? Why? 300 words or more.
This business law case study analyzes the scenario of what occurs during a job interview. Upon concluding a job interview, the candidate (Burt) was told by the interviewer (Michael) "I look forward to working with you." Additionally, Burt was from New York and Michael further offered to help him with his move to San Diego. Based
Explain and describe how arbitration works, and how it may benefit, or hinder either side.