...International Legal and Ethical Stimulation Issues Summary Cathey Billups LAW/421 January 12, 2014 Shenia C. Kirkland, Instructor This summary will be addressing issues that involves resolving international legal disputes, practical considerations in taking legal actions, factors that will work for granting sublicensing agreements and customs and laws of an organization and local custom and laws. The issues involved in resolving legal disputes in international disputes are legal, ethical and cultural issues. The practical considerations of taking legal actions against a foreign business partner would be to respect the laws of that country because the laws of the United States are only enforced in the United States. A Forum Selection Clause should also be considered as well. The factors that could work against CadMex’s decision to grant sublicensing agreements would be lawsuits. That would leave the company and even the workers fully liable for any negligence. Which should prevail when the local customs and laws conflict with customs and laws of an organization operating abroad would be the local customs and laws of that country would prevail. Why, because of the Choice-of-Law clause, which in a contract precludes any confusion as to which law is applicable in an international business situation as well as the local laws of that country. I would compare the issues in this simulation to the domestic issues discussed in Week One readings as they...
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...and Ethical Issues Simulation Summary LAW/421: Contemporary Business Law University of Phoenix Addressing International Legal and Ethical Issues Simulation Summary On 2007, CadMex created a technique to develop a quick manufacturing of medical agents. Meanwhile Gentura located in Candore which is under dictatorship, also developed a technique entitled ProPrez which is an anti-diabetic agent. After deliberation CadMex and Gentura decided to go into business together which would give you a global marketing position in the industry. CadMex was in a position where they needed a contract that would protect any interest concerning legal disputes and property rights. Dealing with finding solutions in legal issues actions against a foreign business may be a little tricky. Some legal systems may want to vastly push through cases rather than research the quality of the evidence provided. Another hindrance that may come up may be the difference of laws in the two countries. In some countries some contracts are done over the phone or understood with a simple handshake, for court purposes written documentations will not be available. In cases of this international barriers may cause a rift in legal actions and portray a differentiated experience for joining companies. Another aspect of legal actions taken against a foreign business based in another country is the fact of whether they have patent and trademark laws. This is a big factor that economically...
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...Simulation Summary Lisa Jones Law/421 October 31, 2012 Mark Hinueber Addressing International Legal and Ethical Issues Simulation Summary The International Legal and Ethical Issues of working with foreign companies planning to enter an international contract may perhaps wish to study a different system of resolving disputes without going to court. This system which is known as Alternative Dispute Resolution (ADR) offer neutral tools for determining disputes that could arise. To resolve future difference of opinion without resorting to a foreign legal system, companies should plan in advance by including an ADR section in their contract. When dealing with foreign trade the United States should consider the law of the other countries and how overseas trade is conducted. The United States law is not up hold in other countries and other countries law is not uphold in the United States. When considering legal action both the United States and the foreign country have to decide were legal action will take place. The factors that could work against CadMex’s decision to grant sublicensing operating the company correct would bring money to Candora the country the company is located in. Company is not operating properly or the contract is not being followed correctly this could cause a breach of contract and legal issues can arise from Gentura. When the local customs and law conflicts with the customs and laws of an organization operating abroad, whatever laws that are...
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...Addressing International Legal and Ethical Issues Simulation Summary Taylor Jones LAW/421 November 20, 2012 International Legal and Ethical Issues Simulation Summary International transactions require certain legal criteria for proper processing. When one country wants to venture into another country to globally market a product, they must consider the legal ramifications and other possibilities that could happen once they are established in that country. In the case of CadMex Pharma wanting to partner with Gentura in the country of Candore, the company faced the issue of having to abide by the laws of that country. The issues CadMex Pharma had to deal with were the idea that Gentura is bound by and coincides with the laws of Candore. Gentura is more obligated to its country of residence. Very few laws of the United States will have any matter in this country. CadMex Pharma also had to accept that there may be a loss that would be beyond their control to a degree. In order to have some profit or gain at all, the company would most likely have to agree to a percentage of loss. Some practical considerations of taking legal action against a foreign country are the uses of arbitration and mediation, as well as using the choice-of-law clause, which helps decide which law will serve as a better resolution in case an issue arose between the parties. If CadMex decided to grant Gentura sublicensing agreements, the factors that could work against them is the fact that...
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...The Role and Function of Law Paul Mullen LAW/421 July 30, 2015 Ms. Machelle Thompson JD The Role and Function of Law Law has both vital functions in society and an essential role in business. In American society, governments create law to enable individuals to live freely and with fairness. It functions as a catalyst for civilized living. In American business, laws provide a basis for fair trade and commerce and allow structured business relations. American government creates laws to resolve domestic and foreign legal disputes both public and private. In the marketing industry, law plays a pivotal role in regulating both civil and criminal liability to consumers. In both society and business, law serves both essential functions and an important role. The function of law in American society is to provide individuals with the legal ability to live their lives with fairness and equality. By having a central controlling authority, such as local, state, and federal government, individuals have a specific pre-determined set of agreed-upon rights, responsibilities, and consequences (Melvin, 2011). These pre-determined agreed-upon rights, responsibilities, and consequences include the structure of government, the powers entrusted to government, and the rights of individuals within that government. Three examples of an individual’s governing law within American society are constitutional law, statutory law, and common law. Government constantly monitors...
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...record that must be made available to the public upon request. The pre-World War I opinion by the U.S. Supreme Court holding, on re-argument, that a federal income tax was unconstitutional. The federal statute authorizing the U.S. Secretary of Transportation to make payments to states for the value of materials stockpiled near federal highway construction projects in conformity with the project specifications. The federal joint regulation of the U.S. Fish & Wildlife Service, Department of the Interior, National Oceanic and Atmospheric Administration, and Department of Commerce, identifying the factors for listing, delisting, or reclassifying endangered species. Your state’s administrative regulations specifying the licensure process for real estate agents. The local ordinance in your municipality governing noise. The most recent opinion of your state’s highest appeals court describing the extent to which the state constitution requires that the power of eminent domain be exercised only for a public use. A recent federal trial court decision in your federal district describing the standard for summary judgment in federal court. A law-review article published within the past five (5) years about libel law and political campaign advertisements. Your assignment must: Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional...
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...| Health Law Essay | Health Law A Regulated Enterprise | Introduction to Health Law and PolicyProfessor Voss | By Kimberly Causey | 1/11/2015 | Health Law A Regulated Enterprise The great Statesman Sir Winston Churchhill clearly stated, “If you have ten thousand regulations you destroy all respect for the Law”. When Law Regulators at all tiers interpret various components of the law, the interpretation can convey an unruly mixture of complexities. Likewise, Health Law can be encountered in various aspects on both the State and Federal levels. Thus creating a mixture of regulations by all levels of government. For example, the obvious is the overlapping of police power between the state laws and the preemptive decisions made by which the federal law prevails. Overall, applicable laws have continuously exemplified complexity, specifically in Health Law. Yet, Regulators continue to redefine the laws that are created both on State and Federal levels. For this purpose, I will identify present a mixture of fundamental differences that are encountered at any tier level. Regulations can frequently change in producing guidance about compliance of expected outcomes. What is reasonable and practical at times can produce countless interactions and inconsistency among regulators. For instance, Hall and Showalter both mention their concerns for quality, autonomy, access and cost which will be discussed. Hall presents a great article on “What is Health Law?” He further...
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...Anna Swenson Comp 1013 Week 4 assignments Review the Paraphrase and Summary PowerPoint and complete the exercise on slide 4. Original Passage: You express a great deal of anxiety over our willingness to break laws. This is certainly a legitimate concern. Since we so diligently urge people to obey the Supreme Court’s decision of 1954 outlawing segregation in the public schools, it is rather strange and paradoxical to find us consciously breaking laws. One may well ask, “How can you advocate breaking some laws and obeying others?” The answer is found in the fact that there are two types of laws: there are just laws and there are unjust laws. I would agree with St. Augustine that “An unjust law is no law at all.” Source: King, M. L., Jr....
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...of or related to Crewmember's employment and/or separation of employment with Employer and survives after the employment relationship terminates. This Agreement applies to a covered dispute that Employer may have against Crewmember or that Crewmember may have against Employer or its officers, directors, principals, shareholders, members, owners, employees, managers, agents, and attorneys. The only claims subject to arbitration are those that, in the absence of this Agreement, could be brought under applicable law. The Agreement applies, without limitation, to claims based upon or related to discrimination, harassment, retaliation, defamation (including post-employment defamation or retaliation), breach of a contract or covenant, fraud, negligence, emotional distress, breach of fiduciary duty, trade secrets, unfair competition, wages or other compensation claimed to be owed, breaks and rest periods, termination, tort claims, equitable claims, and all statutory and common law claims unless specifically excluded...
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...INTERNATIONAL BUSINESS TRANSACTIONS OUTLINE – WINTER 2005 - SPANOGLE The book is designed around three types of transactions: 1) Sale of goods across borders; 2) Transfer of technology; a. Licensing production abroad; b. Franchising. 3) Direct Foreign Investment. There are two parts to making these deals: 1) Deal-making aspect; a. Allocating risks; 2) Government regulation Decisions and Risks in Trade – Analyze for each Problem! • The language in which the contract is executed. o They speak German- the purchase order is German; o Battle of the Forms (CISG) with another language, you have problem 4.1. (like the Chicken Frigalamenti case). o Even if the transaction is in English, there may still be communication difficulties. • Currency o How are they going to pay you, in Euros or in dollars? It’s important because the exchange rate changes, you may prefer to be paid in Euros rather than dollars because right now the dollar is doing badly. o What if the purchase order is from Laos instead of Germany? If you don’t know the name of the Laotian currency, you probably don’t want it. There are lots of currency problems that go beyond exchange. • Shipping – Import Regulations/Export Regulations handled by customs brokers. o German Customs o Import Duties; o Tariffs. o You might need a shipping broker. o Can’t bribe, “grease the wheels” due to the Foreign Corrupt Practices...
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...Summary of Article African American men were targeted for a Syphilis study in 1932. It became one of the most unethical studies ever in United States history. This story became widely publicized in 1972 which caused the research to cease. Unethical research such as not disclosing the real reasons for the study left men sick and vulnerable. It eventually affected the men and their families. The effects of the Tuskegee Syphilis Study were felt for many years and many generations later. One positive outcome was the implementation of the National Research Act of 1974. The unethical acts could have been avoided by working from a “I treat you the way I want to be treated” philosophy. Medical research is usually considered life changing and for the better good of mankind because of positive advances that come from it. In 1932 when Caucasian doctors and the United States Public Health Service sponsored a study to research the effects of syphilis in African American men. This was not study for the better good of mankind. 400 African American men who already had contracted syphilis were enrolled in the study along with 200 uninfected men who served as control participants. “In the late 1940s, penicillin first became available to the general public as a cure for syphilis. However, the decision was made not to make it available to study participants, who were allowed to continue in the study without any treatment for their disease. They were continually supplied with placebos...
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...I. Statement of Purpose The Copyright Act of 1976 amended the Copyright Act of 1909 and serves as the primary basis of copyright law in the United States[1]. The Act spells out the basic rights of copyright holders, codifies the previously patchwork doctrine of fair use and adopted a unitary term of copyright exclusivity based on the date of the author’s death instead of using a fixed number of years and renewal terms as was previously spelled out in the 1909 Act. The 1909 Act was the last major piece of copyright legislation, and Congress recognized that technology had changed to the point where several pieces of the Act were no longer fit to serve as the basis for interpretation. The 1976 Act was designed to address intellectual property issues raised by new innovations in technology that were previously unforeseen. The Act addresses to the legal practitioners and non-lawyers what kinds of rights they have based on the medium in which they have chosen to communicate an idea as what as what constitutes a copyrightable idea. The sine qua non of copyright is originality, however, the Copyright Act sets the standard for creativity extremely low. Rather than the completely novel ideas protected by the patent laws, copyright laws dictate that an idea only needs a minimal degree of creativity to be protected. The Copyright Act is seen as a compromise between the rights of the publishers and the rights of the authors. The extension protects the rights of the authors with respect...
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...State of Confusion The state of Confusion has the constitutional right to regulate different aspects of safety requirements. One statute that has come under scrutiny is the requirement of all trucks and towing trailers to use B-type truck hitches if that truck is to enter the state. One such company is based in a different state is challenging the statute as unconstitutional. The United States District Court of the state of Confusion will have jurisdiction because this is where the statute is being enforced. Within the United States, each state has the authority to make and enforce laws provided the laws do not countermand the federal laws. Each state can interpret federal laws to best protect the citizens of the state. The federal government has not regulated the truck hitches that are currently used. The state of Confusion has the authority to regulate. With Tanya Trucker’s company headquarters located in the state of Denial, she can request the suit be brought to the federal courts. The federal courts would have jurisdiction as well because of the diversity of citizenship. The cost of the b-train hitch potentially becomes prohibitive as any truck that uses the hitch stays that way. “B-Trains are usually special purpose machines that remain together as a pair” (University of New Brunswick, n.d.). A used b-train truck can sell for $89,000 (Discover Automobiles, 2008). By bringing the case to the federal court, a state court bias can be avoided as well. Since it...
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...online a great deal of their day and technology has advanced so much both social and ethical issues have arisen the Children’ s Online Privacy Protection Act (COPPA), 1998 and The Children’s Internet Protection Act, 2000. We legislated to protect our kids from unsavory elements they could come across in a Public school setting. The law protects our kids while they search the internet in Federal funded Schools and Libraries. The schools and libraries must adhere to the safety policies that help protect our kids from online predators an any inappropriate materials. This legislation The Children’s Online Privacy Act (COPPA), was put in place because a child does not understand , the potential dangers of divulging personal information online . If a website is knowingly collecting information from a child 13 or younger they must report to The Federal Trade Commission. The internet is used daily and for this reason we need these laws to keep our kids safe. We cannot expect our kids to know what is dangerous or who is a predator . Although Federal law does help it is up to the parent to monitor the child and teach them what is appropriate and what is in appropriate on the internet . There are ways to block certain sites so that the child does not stumble upon a pornographic pic or is approached online by someone who disguises...
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...MERCHANT MARINE ACT OF 1920 (THE JONES ACT) Source: Cornell University Law School, Legal Information Institute, United States Code: http://www.law.cornell.edu/uscode/html/uscode46a/usc_sec_46a_00000883----000-.html OVERVIEW: U.S. CODE 46 TITLE 46, APPENDIX App. > CHAPTER 24 CHAPTER 24—MERCHANT MARINE ACT, 1920 * § 861. Purpose and policy of United States * § 864a. Purchase allowance in sale of vessels for cost of putting vessels in class * § 864b. Elements considered in sale of vessels in determination of selling price * § 865. Sale to aliens * § 865a. Sale of inactive passenger vessels to foreigners; conditions; requisition in emergency; surety bond * § 866. Establishment and operation of steamship lines between ports of United States * § 867. Investigation of port, terminal, and warehouse facilities * § 868. Vessels sold under deferred payment plan; insurance * § 869. Creation of fund for insurance of interests of United States * § 871. Repair and operation of vessels until sale * § 872. Sale of property other than vessels * § 875. Possession and control of terminal equipment and facilities * § 876. Power of Secretary and Commission to make rules and regulations * § 877. Coastwise laws extended to island Territories and possessions * § 883. Transportation of merchandise between points in United States in other than domestic built or rebuilt and documented vessels; incineration of hazardous waste at sea ...
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