...Legal Environment of Business Abstract This paper is a brief introduction and discussion about a Supreme Court case- Greentree Corp. Ala. v. Randolph, which focuses on Contract Law and some concepts of arbitration. There are also some personal analysis and view about the case. Finally, some inspirations will be listed as impressions and for further discussion. Finally, a brief conclusion will be summarized at the end of the paper. The paper aims at restoring the reality of the case. Citations from the original sources have been listed in the sentences and at the end of the paper. In consideration of author’s limited knowledge and information sources, there will be inevitable mistakes and errors in the paper, all the criticisms corrected are welcomed by the readers. Content Introduction Background: Among the liberties secured by the Constitution is the right to have suits at common law decided by a jury (U.S. CONST. amend. VII) .The enactment of the Federal Arbitration Act 2 (FAA) in 1925 produced a critical qualification to this right, allowing commercial entities to agree to resolve a contractual dispute through binding arbitration agreements(9 U.S.C. § 2 (2000)). In Green Tree Financial Corp.-Alabama v. Randolph, the Supreme Court announced that, for consumers, the right to a trial by jury had been further qualified. Even the costs of arbitration are potentially...
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...Alternative Dispute Resolution Felicia Greene LAW/531 April 4, 2016 Carol Parker Alternative Dispute Resolution In this paper we are asked to review a state level business dispute taken from either our own experience, the text or from personal research. I have chosen to discuss a case that is discussed in our text, Business Law 16th edition. The Case I will be discussing will be Hagan v. Coca-Cola Bottling Co. This case is about two sisters, Linda Hagan and Barbara Parker, who drank from a bottle of Coke which they both agreed tasted flat. After observing the bottle in the light both women observed what appeared to them to be a used condom with a “oozy sticky stuff coming out of the top” (Mallor, Barnes, Bowers, Lanvardy, 2014). After being sent to Coca-Cola for testing it was determined that the object was mold and not a used condom. Before the findings the medical personnel at the Coca-Cola facility told the ladies they should be tested for HIV. Those tests came back negative for both of the women. Hagan and Parker brought a negligence action again Coca-Cola and at the conclusion of the trial were awarded $75,000 each by the jury. However, the trial court reduced the jury award to $25, 000 a decision that both sides appealed. The appellate court revers the jury award and concluded that under case law concerning the impact rule, neither of the plaintiffs had proven a claim because neither had suffered a physical injury. ("Hagan V. Coca Cola Bottling Co", 2016)...
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...SYLLABUS LAW/531 Business Law Copyright ©2014 by University of Phoenix. All rights reserved. Course Description This course prepares students to evaluate the legal risks associated with business activity. Students create proposals to manage an organization's legal exposure. Other topics include the legal system, alternative dispute resolution, enterprise liability, product liability, international law, business risks, intellectual property, legal forms of business, and governance. Course Dates Oct 14, 2014 - Nov 24, 2014 Faculty Information Name : Email Address : Alternate Email Address Phone Number : ADRIENNE YEUNG (PRIMARY) Not Available Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents (both located on your student website): • Academic Policies University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly different depending on the modality in which you attend class. If you have recently changed modalities, read the policies governing your current class modality. Get Ready for Class • Familiarize yourself with the textbook used in this course. Course Materials All electronic materials are available on your student website. Week1 Legal Forms of Business and Alternative Dispute Resolution Tasks • Review the Week 1 Study Guide. • Review the Knowledge Check Faculty and Student...
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...Water scarcity and the West. Water is a scarce and highly prized commodity in the arid Western states. Not surprisingly, water policy creation is very much a challenge for a number of reasons. Citizens hold multiple water values such as economic development and the protection of wildlife which are often contradictory. State prior appropriation laws are not easily reconciled with federal reserve rights and the public trust doctrine. There are multiple governmental and nongovernmental actors who work to influence and implement policy in a decentralized political system. If actors lose a policy battle in one decisionmaking arena (such as a legislature), they often try to influence policy at another venue (a court, Congress or an agency). Policymaking involves water issues that are dynamic over time. Furthermore, there are several types of water policy (distributive, allocative, redistributive and cooperative) that vary according to who pays costs and receives benefits, the level of conflict, the openness of decision- making to interested parties, and the level of government which dominates. Long ago, Mark Twain was correct when he said “Whiskey’s for drinking, water’s for fighting about.” © 2001 Elsevier Science Inc. All rights reserved. 1. Introduction In the arid Western states, water has always been an important resource. For over 100 years, federal and state governments and local water users have worked to provide water to agriculture, industry and residents. Since 1902 the...
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...The Role of Corporate Law in Preventing a Financial Crisis: Reflections on In re Citigroup Inc. Shareholder Derivative Litigation Franklin A. Gevurtz* TABLE OF CONTENTS I. INTRODUCTION .................................................................................................. II. CITIGROUP AS A CASE STUDY IN EXCESSIVE RISK-TAKING .............................. III. TOOLS FOR CURBING EXCESSIVE RISK-TAKING AND THE ROLE OF CORPORATE LAW ............................................................................................... A. The Tools for Curbing Excessive Risk-taking ............................................. 1. Regulation of Business Activities .......................................................... 2. Capital Requirements ........................................................................... 3. Compensation Rules ............................................................................. 4. Liability for Unreasonable Risks .......................................................... 5. Selection of Management (Rules of Corporate Governance) ............... B. Dividing the Tools Between Banking and Corporate Law .......................... IV. WHY IT MATTERS: CITIGROUP AS AN ILLUSTRATION OF THE LIMITATIONS OF STATE CORPORATE LAW ........................................................ A. Citigroup As a Case Study In Weak Corporate Law................................... 1. Overview ..................................................
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...most easily recognized member of the courtroom work group, both by their conspicuous robes and by their prominent position in the courtroom. They are also the subject of many stereotypes because the public wants to believe that judges combine patience, wisdom, and compassion to arrive at fair decisions, while they eschew the character flaws that sometimes form the basis of decisions by others, including prejudice, intolerance, favoritism, and hostility. Unfortunately, judges are human and their decisions occasionally reflect such a reality. One West Virginia judge, for example, became so enraged at a defendant who began cursing at him in court that he jumped down from his bench, tore off his judicial robe, and bit the tip off the defendant’s nose (Smith, 1998). He served five days in jail on state assault charges, and was then tried in federal court for violating the defendant’s civil rights. Before he was acquitted of those charges, he acknowledged that his behavior was “bizarre and weird,” and that he had reacted poorly in an emotionally charged situation. While this incident is isolated, it shows that judges are sometimes far from the ideals to which the public holds them. We will return...
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...(Slip Opinion) OCTOBER TERM, 2009 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. SUPREME COURT OF THE UNITED STATES Syllabus SKILLING v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 08–1394. Argued March 1, 2010—Decided June 24, 2010 Founded in 1985, Enron Corporation grew from its headquarters in Houston, Texas, into the seventh highest-revenue-grossing company in America. Petitioner Jeffrey Skilling, a longtime Enron officer, was Enron’s chief executive officer from February until August 2001, when he resigned. Less than four months later, Enron crashed into bankruptcy, and its stock plummeted in value. After an investigation uncovered an elaborate conspiracy to prop up Enron’s stock prices by overstating the company’s financial well-being, the Government prosecuted dozens of Enron employees who participated in the scheme. In time, the Government worked its way up the chain of command, indicting Skilling and two other top Enron executives. These three defendants, the indictment charged, engaged in a scheme to deceive investors about Enron’s true financial performance by...
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...Scholarship Repository University of Minnesota Law School Articles Faculty Scholarship 1988 Discovery in Labor Arbitration Laura J. Cooper University of Minnesota Law School, lcooper@umn.edu Follow this and additional works at: http://scholarship.law.umn.edu/faculty_articles Part of the Law Commons Recommended Citation Laura J. Cooper, Discovery in Labor Arbitration, 72 Minn. L. Rev. 1281 (1988), available at http://scholarship.law.umn.edu/ faculty_articles/307. This Article is brought to you for free and open access by the University of Minnesota Law School. It has been accepted for inclusion in the Faculty Scholarship collection by an authorized administrator of the Scholarship Repository. For more information, please contact lenzx009@umn.edu. Discovery in Labor Arbitration Laura J.Cooper* The mere statement of the topic, discovery in labor arbitration, suggests a paradox. Is not the essence of the arbitration process an effort to avoid the procedural complexities that make litigation comparatively slow and costly? More than forty years ago, Learned Hand admonished a litigant distressed with the procedural failings of an arbitration proceeding: Arbitration may or may not be a desirable substitute for trials in courts; as to that the parties must decide in each instance. But when they have adopted it, they must be content with its informalities; they may not hedge it about with those procedural limitations which it is precisely its purpose...
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...full-service solution is designed to save you crucial time. With EZ Start, we do the initial tagging for you, reducing the time spent mapping and validating XBRL tags to under ten hours. Our goal is to transfer knowledge to your financial team to ensure a firm understanding of the taxonomies, mapping process and SEC requirements. To learn more, visit www.tryxbrl.com. FIDUCIARY DUTIES AND OTHER RESPONSIBILITIES OF CORPORATE DIRECTORS AND OFFICERS MORRISON & FOERSTER LLP Christopher M. Forrester Celeste S. Ferber RR Donnelley Global Capital Markets Copyright© 2008 Morrison & Foerster LLP (No claim to original U.S. Government works) All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Morrison & Foerster LLP. This publication reflects the views of its authors only and does not necessarily reflect the views of Morrison & Foerster LLP or any of its clients. Because this publication is intended to convey only general information, it may not be applicable in all situations and should...
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...Sandra Carlson Business Law 3321 421 U.S. 809 Bigelow v. Virginia Facts: Jeffrey C. Bigelow was the managing editor for The Virginia Weekly, a newspaper which was published in Charlottesville, Virginia. He was charged with violating Virginia law on May 13, 1971, after printing an advertisement for a New York City agency that helped women arrange for, finance and obtain abortions. The ad print was as follows: UNWANTED PREGNANCY LET US HELP YOU Abortions are now legal in New York. There are no residency requirements. FOR IMMEDIATE PLACEMENT IN ACCREDITED HOSPITALS AND CLINICS AT LOW COST Contact WOMEN's PAVILION 515 Madison Avenue New York, N.Y. 10022 or call any time (212) 371-6670 or (212) 371-6650 AVAILABLE 7 DAYS A WEEK STRICTLY CONFIDENTIAL. We will make all arrangements for you and help you with information and counseling. 1 Specifically, Mr. Bigelow was charged with violating Va. Code Ann. § 18.1-63 (1960). The statute made it a misdemeanor to encourage or prompt the processing of an abortion "by publication, lecture, advertisement, or by the sale or circulation of any publication, or in any other manner, encourage or prompt the procuring of abortion or miscarriage". Mr. Bigelow was tried and convicted in Albemarle County Court. He appealed to the Albemarle County Circuit Court, where he was granted a de novo trial. De Novo is Latin for ‘new beginning’, so a de novo trial is a completely new trial. Typically, a trial de novo is ordered by...
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...Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška’s contribution to comparative law and the challenges faced by comparative law in the twenty first century. Crime...
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...OSCOLA Oxford Standard for the Citation of Legal Authorities Fourth Edition Faculty of Law, University of Oxford www.law.ox.ac.uk/oscola Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 1 General notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 Citations and footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 1 .1 .1 1 .1 .2 1 .1 .3 1 .1 .4 Citing cases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Citing legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Citing secondary sources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Order of sources in footnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 1 .2 Subsequent citations, cross-references and Latin ‘gadgets’ . . . . . . . . . . . . .5 1 .2 .1 Subsequent citations . . . . . . . . . . . . . . . . . . . . . . ....
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...Department of Justice Ministère de la Justice Canada Canada WORKING DOCUMENT THE EFFECTS OF DIVORCE ON CHILDREN A Selected Literature Review Research and Statistics Division October 1997 WD1998-2e UNEDITED Research and Statistics Division/ Division de la recherche et de la statistique Policy Sector/ Secteur des politiques WORKING DOCUMENT THE EFFECTS OF DIVORCE ON CHILDREN A Selected Literature Review Research and Statistics Division October 1997 WD1998-2e UNEDITED The views expressed in this paper do not necessarily reflect those of the Department of Justice Canada. iii TABLE OF CONTENTS 1.0 INTRODUCTION ....................................................................................... 1 2.0 LIMITATIONS OF THE RESEARCH .............................................................. 3 3.0 FACTORS AFFECTING CHILDREN’S POSTDIVORCE ADJUSTMENT ................. 6 3.1 Child Characteristics............................................................................ 6 3.1.1 Gender ................................................................................. 6 3.1.2 Age at Divorce ....................................................................... 8 3.2 Family Characteristics.......................................................................... 9 3.2.1 Socio-economic Status .............................................................. 9 3.2.2 Ethno-cultural Background...................................................
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...NEW YORK UNIVERSITY SCHOOL OF LAW JOURNAL OF INTERNATIONAL LAW AND POLITICS GUIDE TO FOREIGN AND INTERNATIONAL LEGAL CITATIONS FIRST EDITION ● 2006 © Copyright 2006 by New York University Contents FORWARD AND GENERAL INSTRUCTIONS................................................................................................. xiii ACKNOWLEDGEMENTS ......................................................................................................................................xv COUNTRY CITATION GUIDES ARGENTINA...............................................................................................................................................................1 I. COUNTRY PROFILE ..................................................................................................................................1 II. CITATION GUIDE.......................................................................................................................................2 1.0 CONSTITUTION...................................................................................................................................2 2.0 LEGISLATION......................................................................................................................................2 3.0 JURISPRUDENCE ................................................................................................................................3 4.0 BOOKS .....................................
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...Business Torts Outline Fall 2009 (Mittleman) |Overview | |Plan of Attack for Answering Questions | |Contractual relationships, where one party alleges a tort. | |Economic Loss Doctrine | | | |Fraud: | |Intentional Fraud (false statement, concealment, omission) ...
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