...PROBLEM CASE 13: CHAPTER 5, PROBLEM CASE 11 CHAPTER 6 Julius R. Reed Grand Canyon University: Business 240: Ethical and Legal Issues in Business May 13, 2014 Chapter 5 – Problems and Problem Cases: Problem 13 Garelli Wong & Associates, Inc (GW) filed suit against Williams Nichols who was a former employer of their firm. GW claims that Nichols used confidential information that was in a database that the firm maintained. GW contended that Nichols was in breach of contract and referenced the Consumer Fraud and Abuse Act (CFAA). Based on their claims, the court will rule in favor of Nichols and dismiss the plaintiff’s case. The plaintiff failed to state a claim upon which relief could be granted. Specifically, Nichols did not meet any of the requirements outlined in the CFAA. Nichols did not transmit information or cause damage without authorization to a protected computer. Nichols was a former employee of CW: therefore he had authorization to the computer with the database. Nichols did not intentionally access the computer without authorization, or cause any type of loss to CW. Nichols was right to request dismissal of the plaintiff’s claim. Based on their claim, no relief would be granted. Nichols did not impair the integrity or availability of the information in the database. Any firm will risk the chance of a former employee leaking information to a new employee. CW should have been more specific in their contract for employee’s who had access to confidential information ...
Words: 406 - Pages: 2
...to target non-combatants for political purposes, is one of the most effective ways to gain media attention. Mainly used by extremist groups in the hopes of gaining recognition for their cause (weather it is religious, political or otherwise.) Several attacks on the US have recently made headlines. The attack on the USS Cole (October 12, 2000), US Embassy bombings in Kenya + Tanzania (August 7, 1998), Oklahoma City bombing (April 19, 1995) and finally the World Trade Centre bombing on February 26 1993. What we need to recognize about terrorism is its message. Attacks are always perfectly planned and precise, almost showing that they could do better. It was a clear, beautiful day in the town of Oklahoma City on April 19, 1995. Richard Williams arrived to work as normal, waving and smiling to his co-workers as he headed through the hallways of the Alfred P. Murrah Federal building where he was the assistant manager. He responded to a few e-mails and noted some voicemails as he contemplated his day. Shortly after 9 a.m. the building he had worked in for years suddenly became his worst nightmare as that day will go down in history. Just around 9:02 am, a massive explosion rocked its walls and...
Words: 1607 - Pages: 7
...Federal Prison Comparison Team A CJA/234 Robin Marmon-Instructor September 22, 2014 There are many different types of prisons and federal penitentiaries throughout the Unites States of America and many of them are l out differently but all possess similar regulations as far as visiting, employment and rehabilitative services are concerned. It makes no difference if; you are young or old in age, have medical issues, race or ethnicity, if you commit a crime you are going to serve time in some type of correctional facility or be state property in some form such as; probation or parole. The type of correctional facility that you will be sent to really depends on the level of crime you commit. If it is a superior level crime you will be sent to a correctional facility but if it is a federal offense you will be set to a federal correctional facility which will each have a different level of security based on how extensive the crime is that you committed. Here is an example of a variety of different federal penitentiaries. General Manuel Noriega, former Panamanian Dictator from 1983 to 1989. Noriega is no ordinary man, after High School he had military preparation at Chorizos Military Academy in Peru. In 1962 graduated with an engineering degree. In 1967, he received counterintelligence training at the School of the Americas at Fort Gulick, when it was located in the U.S. Army base in Panama. Later he was also trained in psychological operations at Fort Bragg, North Carolina...
Words: 2963 - Pages: 12
...Earning Emancipation Slavery as a social institution has been around since recorded history, it was not invented by the United States, it was however practiced and perpetuated to a level that at its peak created the highest number of millionaires per capita to have ever existed. In order to understand the full spectrum of such a monumental racial issue, not only must case to case examples be explored; but also the demographics of these generations, socially and economically. The United State’s industrial beginnings were fueled by slavery, over generations of struggle, and unimaginable stories of Africans, it has finally been constitutionally bound, amended, and re-amended, that the nation of the United States will provide freedom and equality, and that no man or woman will be owned by another. Every ounce of this freedom was earned, fought for, and wept over, by great Africans and white abolitionists that cared more for their brothers and sisters futures than themselves. African-Americans created their own freedom, it is illustrated and proven by great Africans who rose to eloquently convince, fiercely battle through the bloodiest war on American Soil, passionately illustrate deep humanity, and patiently march forward for freedom, taking action, and creating equality. Dr. Robert Francis Engs is a well-loved historian, a graduate from Princeton and Yale, and revered professor proclaims in his own words, “THE SLAVES FREED THEMSELVES.”1 Dr. Engs has compiled a database that holds...
Words: 2717 - Pages: 11
...Demonstrative Communication Cleveland R. Williams Business Communications/275 May 2, 2013 Kevin McCoyd Demonstrative Communication Nonverbal communication and unwritten communication can have as much impact as verbal communication. Nonverbal communication can be interpreted many different ways; therefore, it is vital to understand the meaning behind nonverbal communication. Nonverbal communication can be defined as “all types of communication that don’t involve the exchange of words” (Rogers & Steinfatt, 1999, p. 67). Nonverbal communications are symbols for thoughts and feelings that communicate meaning. They are governed by rules and influenced by context. Like words, nonverbal communication can also influence the believability of the message (Communicating in the Workplace, Chapter 4). Examples of nonverbal communication include a smile, wink, or wave. Each of these communicates something without the use of verbal or written language. When I met my instructor on the first day of class, he shook my hand firmly but he did not say a word. He used nonverbal communication to welcome me to his class. According to some studies, communication between people is more that 50 percent nonverbal. Albert Mehrabian found that 55 percent of the meaning people send is contained in facial expressions, 38 percent of the meaning is contained in the voice, and only 7 percent of the meaning is contained in the actual words (Mehrabin & Weiner, 1967). For example, watching...
Words: 1137 - Pages: 5
...Case name | Reporter | Court/Year | Findings | Wheaton v. Peters | 33 U.S. (8 Pet.) 591 | 1834 | There is no such thing as common law copyright and one must observe the formalities to secure a copyright. | Baker v. Selden | 101 U.S. 99 | 1879 | Idea-expression divide. | Burrow-Giles Lithographic Co. v. Sarony | 111 U.S. 53 | 1884 | Extended copyright protection to photography. | White-Smith Music Publishing Company v. Apollo Company | 209 U.S. 1 | 1908 | Reproduction of the sounds of musical instruments playing music for which copyright granted not a violation of the copyright. | Bobbs-Merrill Co v. Straus | 210 U.S. 339 | 1908 | No license to use copyrighted material. License cannot extend holder's rights beyond statute defined by Congress. | Bauer & Cie. v. O'Donnell | 229 U.S. 1 | 1913 | Differences between patent and copyright defined also prohibits a license from extending holder's rights beyond statute. | Macmillan Co. v. King | 223 F. 862 | D.Mass. 1914 | Limits of fair use with respect to an educational context and to summaries. | Nichols v. Universal Pictures Co. | 45 F.2d 119 | 2d Cir. 1930 | No copyright for "stock characters". | Shostakovich v. Twentieth Century-Fox Film Corp. | 196 Misc. 67, 80 N.Y.S.2d 575 (N.Y. Sup. Ct. 1948), aff'd 275 A.D. 692, 87 N.Y.S.2d 430 (1949) | 1948–9 | No moral rights in public domain works. | Alfred Bell & Co. v. Catalda Fine Arts, Inc. | 191 F.2d 99 | 2d. Cir. 1951 | Variations of works in the public domain...
Words: 1946 - Pages: 8
...“…English law gives relief to one who, without independent advice, enters into a contract upon terms which are very unfair or transfer property for a consideration which is grossly inadequate, when his bargaining power is grievously impaired by reason of his own needs or desires, or by his own ignorance or infirmity, coupled with undue influence or pressure brought to bear on him by or for the benefit of the others.”[1] INTRODUCTION The laws in contract must make sure that the parties which dealing must have freedom of contract which it means where the consent of a contracting party has been obtained entered into freely and voluntary. But sometimes the contracting parties entered into contract with some form of pressure which the law regards as improper, and for this reason the victim of such pressure may be entitled to relief. The victim of such pressure may be entitled to relief under the common law of duress and under the equitable rules of undue influence, although in recent years it attempt to introduce into common law a doctrine of inequality of bargaining power. Duress is common law concept based on illegitimate threat made to contracting party. Undue influence developed in equity to deal with situations where there was improper pressure, without any necessarily specific threat. [2] A victim such a pressure may be entitled to relief and the contract will be voidable. Further, certain special statutory provision protected vulnerable parties subject to contract....
Words: 3566 - Pages: 15
...“The Slave Power Conspiracy and Latin America” Throughout the course of America’s history there have been events that are so unbelievable and lack sufficient evidence to back them up, thus they become known as conspiracies. One of these conspiracies is the idea of Slave Power. The Slave Power Conspiracy, to most American’s this conspiracy is probably unknown, but it relates to an idea which is a topic of debate among scholars and historians. The Slave Power Conspiracy is an idea that came to be in the 1840’s and lasted till the end of the Civil War. As was stated this idea is a conspiracy as there is no direct evidence to give it a strong foundation or validity in our time. The term “Slave Power” coined in 1864 in a book written by John Smith Dye entitled “History Of The Plots And Crimes Of The Great Conspiracy To Overthrow Liberty In America.” The term started off simply as the Slave Power (conspiracy was added in the modern era). In the book Dye alleges that since the time of Independence, the aristocrats of the South and politicians from the South have had an agenda to extend slavery to the Western United States and Latin America and thus increase their power, wealth, and influence in the United States.[1] There are certain events that happened in Dye’s time that can show this idea was real. They can also prove the legitimate and real threat Slave Power posed, to Latin America. By examining all angles...
Words: 6430 - Pages: 26
...TITLE Social Contracts and Marketing Ethics CITE “Social Contracts and Marketing Ethics,” Journal of Marketing, 63(July): 14-32 1999. AUTHORS Thomas W. Dunfee 1 N. Craig Smith2 William T. Ross Jr. 3 1- The Wharton School, University of Pennsylvania, 3620 Locust Walk, Philadelphia, Pennsylvania, 19036-6369. Phone: 215.898.7691 Fax: 215.573.2006 Email: dunfeet@wharton.upenn.edu. 2- The McDonough School of Business, Georgetown University, Washington, DC, 20057 Phone: 202.687.5405 Fax: 202.687.4031 Email, smithn@gunet.georgetown.edu. 3- School of Business and Management, Temple University, Speakman Hall (006-00), Philadelphia, Pennsylvania, 19122 Phone: 215.204.8111 Fax: 215.204.6237 Email: rossw@sbm.temple.edu. Acknowledgements: The authors thank Thomas Donaldson, Diana Robertson and participants in the Kennedy Institute of Ethics Seminar at Georgetown University, and three anonymous reviewers for helpful comments on earlier versions of this article. Funding by the Carol and Lawrence Zicklin Center for Business Ethics Research and the Georgetown University School of Business summer research fund is gratefully acknowledged. Abstract This paper describes the need and the search to date for a normative moral foundation for marketing. Social contract theory appears promising because of its clear correspondence to the exchange relationships central to marketing thought and practice. It is introduced in a specific formulation known as Integrative Social...
Words: 18024 - Pages: 73
...1. American Sport Movies There are few countries in the world in which sports permeate national life to the degree that it does in the United States. Sports are a big part of the fabric of American life. The centrality of sports in American life is amply reflected in the American cinema. For decades movie makers have successfully mined sports to produce some of the most inspiring, poignant, exciting and memorable American movies ever made. The genre of ‘Sport Movies’ established in the Fifties and the Sixties. At the very beginning it was hard to see it as an independent genre because there was a lot of mixture. There have been propaganda movies as well as comedies, dramas, gangster movies or even westerns combined with some sport scenes. So the movie industry defined three categories of sport movies. Category 1: movies in which the main part of the narration is about sport or an athlete Category 2: movies which tell the life story of an athlete Category 3: movies which use sport scenes to describe a special milieu In addition to that there are a lot of movies of another genre which use sport scenes to dramatise the story or to create a good suspense. The first sport movies were all about the so called American Myth of victory and glory. Fair competitions and the better athletes defeating the weaken. The fascination of sport inspiring the people was used to lure the public. Then in the eighties and nineties there have been made a lot of biographical movies...
Words: 6996 - Pages: 28
...William & Mary Law Review Volume 45 | Issue 4 Article 5 A Pattern-Oriented Approach to Fair Use Michael J. Madison Repository Citation Michael J. Madison, A Pattern-Oriented Approach to Fair Use, 45 Wm. & Mary L. Rev. 1525 (2004), http://scholarship.law.wm.edu/wmlr/vol45/iss4/5 Copyright c 2004 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. http://scholarship.law.wm.edu/wmlr A PATTERN-ORIENTED APPROACH TO FAIR USE MICHAEL J. MADISON* ABSTRACT More than 150 years into development of the doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use...
Words: 74799 - Pages: 300
...“Instead of being on the defensive, I would be on the offensive”: General Sherman’s March through Georgia 1 The United States Civil War was the bloodiest and most trying conflict in American history. Hundreds of thousands of American lives were lost on both sides of the war. General William Tecumseh Sherman’s march through Georgia to the sea was a brilliant strategic victory for the North that helped to end the war more quickly, all while preserving the lives of soldiers on both the North and South. All though his march was outside the general practice of warfare it is clear that the General’s movement through Georgia was the best course he could have taken given his circumstances. His capture of Atlanta and his subsequent march to follow is one of the most controversial issues of the war. At the time of the war it was commonplace for the military leaders to embed their troops in entrenchments that were nearly impossible to infiltrate. They would then rush their men towards each other in a bloody battle. General Sherman realized that attacking the entrenchments of the enemy was fruitless and killed too many soldiers. He went on a path of flanking maneuvers that helped get around these entrenched soldiers. He followed up this plan by attacking the economy of the South and breaking their resolve. The importance of his new plan can be seen on how his tactics of attacking the land and economy, instead of other human beings, and avoiding head-on confrontation actually...
Words: 14944 - Pages: 60
...Is Microsoft a Monopoly? Preliminary version April 4, 2000 Steven Cuellar Department of Economics San Jose State University San Jose, CA. 95129 Phone: (408) 924-5408 E-mail: SCuellar@email.sjsu.edu Presented at the Department of Economics Seminar San Jose State University San Jose CA. 95129 April 7 th 2000 Is Microsoft a Monopoly? 1 This would occur in the case natural monopoly in which economies of scale result in a single firm producing at a lower cost than a large number of smaller competitive firms. 1 Since the beginning of the antitrust trial against Microsoft there has been a great deal of commentary and analysis concerning the market position, pricing and strategic behavior of Microsoft. The courts Finding of Fact and the recent Conclusions of Law have intensified the interest in the case and resulted in even more analysis and questioning of the courts findings. This paper adds to the current list of Monday morning quarterbacks questioning among other issues: Whether or not Microsoft is a monopoly? Did they violate the antitrust laws? Have they harmed consumers? If the answer to previous questions is in the affirmative, then what remedies should be enacted? The purpose of this paper is to address the first and perhaps the most contentious question of whether or not Microsoft is a monopoly. Although most people have a general understanding of what a monopoly is, to eliminate any ambiguity it is helpful to establish a precise definition of monopoly...
Words: 6016 - Pages: 25
...United States Students Lag in Math and Science United States high school seniors scored near or at the bottom of a multinational study of student performance in science and mathematics, according to results released on February 24, 1998. Final results from the Third International Mathematics and Science Study (TIMSS), said to be the most comprehensive ever, also showed that U.S. students' aptitude for mathematics and science declines as they get older. Conducted in 1995, TIMSS tested student abilities in general mathematics, general science, advanced mathematics, and physics. In general mathematics and general science the Netherlands and Sweden took top honors, while the United States ranked 19th and 16th, respectively, in a field of 21 nations. Top-level U.S. students fared even worse, finishing 15th out of 16 countries in advanced mathematics and placing 16th—dead last—in physics. France and Norway, respectively, finished first in those disciplines. Asian nations scored highest in earlier TIMSS studies of fourth and eighth graders, but chose not to participate in the high school study. United States Secretary of Education Richard Riley called the results “entirely unacceptable” and said they “confirm our need to raise our standards of achievement, testing, and teaching.” Students must be encouraged to “understand the importance of math and science,” Riley said. Only 25 percent of U.S. high school students take physics and only 10 percent take calculus, Riley said. Meanwhile...
Words: 6293 - Pages: 26
...Fordham Law Review Volume 55 | Issue 6 Article 5 1-1-1987 Constructive Discharge Under the ADEA: An Argument for the Intent Standard Ira M. Saxe Recommended Citation Ira M. Saxe, Constructive Discharge Under the ADEA: An Argument for the Intent Standard, 55 Fordham L. Rev. 963 (1987), http://ir.lawnet.fordham.edu/flr/vol55/iss6/5 This Article is brought to you for free and open access by The Fordham Law School Institutional Repository. It has been accepted for inclusion in Fordham Law Review by an authorized administrator of The Fordham Law School Institutional Repository. For more information, please contact melnick@law.fordham.edu. CONSTRUCTIVE DISCHARGE UNDER THE ADEA: AN ARGUMENT FOR THE INTENT STANDARD INTRODUCTION The Age Discrimination in Employment Act of 1967, as amended 1 (ADEA), prohibits employers2 from discriminating on the basis of age against individuals forty years of age or older.' An employer may not trine of constructive discharge,7 which occurs when the employer creates discharge4 an employee within the protected group based on his age, 5 except as provided by law. 6 In addition, the ADEA recognizes the docworking conditions so intolerable that a reasonable employee would be 1. Age Discrimination in Employment Act of 1967, Pub. L. No. 90-202, 81 Stat. 602 (1967) (codified as amended at 29 U.S.C. §§ 621-34 (1982 & Supp. III 1985)), as amended by Age Discrimination in Employment Amendments of 1986, Pub. L No. 99592, 100 Stat. 3342...
Words: 25744 - Pages: 103
