Sunday 23 March 2014

Social Legal Environmental Business

1. Twenty-five  points
a)  In the case Faverty v. McDonald’s, Fred Faverty was injured in a car accident when a McDonald’s employee fell asleep at the wheel after working an unusually long shift that was contrary to McDonald’s informal policy.  On behalf of McDonald’s, make the argument that the case should be dismissed for failure to state a cause of action.
b)  You are an attorney representing XYZ Corporation.  Your client recently fired one of its employees (Jane).  She left on unpleasant terms, claiming that she had been sexually harassed by her boss and was being retaliated against.  At that time she threatened to take legal action, and she has now obtained an attorney and filed suit.  Her attorney has requested e-discovery.  
1)What is e-discovery?  What types of material is included in e-discovery?
2) What difficulties do employers often face when e-discovery is requested?

2. Twenty-five points
a)   What is the Arbitration Fairness Act?  What are the key provisions?
b)    Using relevant case law as discussed in class, powerpoint and other resources, explain why many people believe that the Arbitration Fairness Act is necessary. 

3.   Twenty-five points
a)  Define the terms "Corporate Social Responsibility" and "Business Ethics".

b)  Identify the strategies that stakeholders can employ to encourage ethical conduct in business.  Your discussion should identify various stakeholders, their interests, and the strategies they utilize.  Specific examples should be included.

c)    You were just assigned as the leader of the ethics team by your employer.  Discuss the steps you would take to implement an ethics program in your organization.

 4.  Twenty-five points
a)  Explain the history of the federal government's power to pass regulations under the authority of the Commerce Clause.  Your discussion should include cases involving a "narrow" vs. a "broad" interpretation of the Commerce Clause.  At least 4 cases should be discussed, and they should be covered in appropriate sequence.  Note:  the case examples should include cases from various points in time to illustrate the development of Commerce Clause interpretation.)

b).  The State of Euphoria passed a state statute prohibiting the use of straight mud flaps on tractor-trailor trucks. All trucks are required to have curved mud flaps over rear tires within the state.  Al's Trucking Co. was adversely affected by this statute and brought suit against the State of Euphoria.  Identify the constitutional basis for this suit and discuss the likelihood of each party winning this suit. 

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