MBA524 Unit 2 Homework

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Anissa Corrales MBA524 Business Law and Ethics Charice Holtsclaw March 22 nd , 2024

Chapter 5 - Questions 2 (Mrs. Dolan), 4 (Bruce Church), 10 (1989).Brief (use IRAC) Case 5.5 Kelo v City of New London and answer case questions on p. 168. Question 2: In order for Mrs. Florence Dolan to renovate her plumbing and electrical supply store on the Fanno Creek bank, she had to submit an application to the city for permission. The City Planning Commission issued Mrs. Florence Dolan the permit, but there were certain requirements. The condition was the requirement of the city for a pedestrian/bicycle path. S tandards to the Land Use Board of Appeals (L UBA), alleging that the land dedication requirements were not related to the proposed development and therefore constituted an uncompensated taking of her property under the Fifth Amendment (Stender, 2022). A pedestrian route was to be built on a piece of her land, and she was urged to reserve it. The authorities had taken her things away, and she contested that. According to the City Planning Commission, this rule is part of the city's redevelopment strategy and will also help deal with the flood plain that Fanno Creek has created. In this instance, the City Planning Commission is correct because it views it as the city's redevelopment plan, which will benefit the general public and be helpful in navigating the flood plain that Fanno Creek has created. However, Mrs. Florence Dolan ought to receive fair payment for her land. Question 4: The jurisdiction of states to impose regulations that unjustly hinder or favor interstate commerce is restricted by the Commerce Clause. Additionally, it grants Congress the authority to control interstate trade. The trade Clause, which forms the basis for a significant amount of the federal government's authority to regulate many aspects of economic activity and interstate trade, is one

of the largest and most significant powers granted to Congress. Bruce Church, Inc. challenged the Arizona Fruit and Vegetable Standardization Act, and the court ruled that it would place an undue burden on interstate trade, leading to the imposition of an injunction against its execution. This suggests that the Arizona regulation was invalidated based on the Commerce Clause. the regulation at issue is likely to withstand Commerce Clause scrutiny. The law doesn't seem to place an excessive burden on interstate commerce and seems to be a reasonable and suitable way to regulate the activity. It is therefore likely that the constitutionality of the regulation will be upheld. Question 10: Cincinnati's ban on the distribution of commercial flyers in news racks was ruled to be unconstitutional by the Supreme Court in the case of City of Cincinnati v. Discovery Network. Cincinnati's decision to cancel permits to the Discovery Network for the distribution of ads from 38 news racks on city property gave rise to the lawsuit. Cincinnati has an ordinance that forbids the distribution of commercial handbills on public property. By using similar standards in the Discovery Network case, the court dismissed the Cincinnati law, pointing out that the city's concerns about aesthetics and safety were not greatly served by the removal of a few news racks. Put simply, it did not make sense. A complete ban on the use of news racks dispensing traditional newspapers would be unconstitutional, according to several court rulings, the city contended on appeal, arguing that the Constitution "administers a lesser protection to commercial speech than to other constitutionally guaranteed expression” (Lavy, 2022). The prohibition on the news racks of the respondents in Cincinnati is therefore not unlawful, despite the fact that its regulatory framework is uneven.

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Case 5.5 Kelo v City of New London: 1. Main difference between the facts from this case and a case in which property is taken for a freeway: In Kelo v. City of New London, the government seized the property for a private project aimed at economic growth. The basis of the case was that the property was not seized for public use, as it was sold to private companies and not directly utilized by the city (Kauffman, 2023). According to the administration, this would result in more tax income and the development of jobs for the general people. However, when land is seized for a freeway, it is usually for a public purpose, such infrastructure related to transportation. Since the public uses the freeway for mobility, the advantage to the public is immediate and palpable. 2. Dissent’s concern about the majority decision Justice O'Connor led the opposing opinion, which voiced concerns about the majority ruling's broader reading of "public use" in the Fifth Amendment. The dissent contended that enabling eminent domain to be used to justify private economic development could result in abuses since any property could be taken if it could be put to use in a way that could increase economic activity. 3. Majority's stance on court involvement in local government eminent domain activities Justice Stevens' majority judgment said that as local governments are best suited to make these determinations due to their complexity and range of considerations, courts need to avoid interfering with their eminent domain activities. The court made it quite clear that

unless there is unmistakable proof of a constitutional rights infringement, it is not the place of the judiciary to review legislative branch actions. Chapter 6 – Questions 1 (Florida State), 5 (Rhonda Kallman), 7 (Hooked on Phonics), 10 (Countrywide), and Ethical Issues – SeaWorld – p.209 Question 1: In compliance with the Public Records Act, FSU would be held liable for the judgment and had to make all shared documents available on the special website. The reason for this was that NACC was using the university's agents to gain access. Since all of the exchanged documents were intended to be official, they are all legally considered public domain. However, the NCAA declined to provide the response in its original format, and the document that was given to the plaintiffs was a version of the report that had been retyped by University personnel from the image on the custodial website. The plaintiffs did not regard the retyped version of the response as compliance with their public records request. It is noted that all documents, papers, letters, maps, books, tapes, photographs, films, sound records, data processing software, or other material, regardless of the physical form, characteristic or means of transmission, made or received pursuant to law or ordinance in connection with the transaction of official business ( Fla. Dist. Ct. App. 2009). Private organizations are permitted to manage public records. Even if they take care of the data, they are still obligated to share it with the public. As a result, the court will provide the plaintiff access to the Freedom of Information Act in accordance with the Public Record Act. Question 5:

Due to this beverage being high caffeine content, consumers are led to believe that the beverage is an energy drink based on advertising. As such, it is governed by FDA regulations. FDA's goal in this case is to ensure that it is safe for consumption. This is a preventive precaution that keeps the organization safe from being outlawed or facing legal issues. It is really remarkable, because of its detrimental effects on health, this beverage is not protected by "grandfathered" laws in this instance. A "cease and desist notice" indicates that production should cease until the product and its constituents are safe for ingestion. Thus, Ms. Kallman's request constitutes a regulatory action taken by the FDA. As a novel product, it is subject to FDA regulation with respect to health hazards; nonetheless, if there is a risk to users, it must be brought under their monitoring. Any applicable statistical warnings should be applied to it along with limitations on sales. It will aid in the public's awareness that the product is alcoholic. The target market also shifts, and the product is placed in new categories. As a result, the FDA's main goals are to stop deception, ensure safe consumption, and stop risks. Ms. Kallman must comply with the relevant requirements and either lower the product's caffeine content or declare it to be a pure alcoholic beverage. Question 7: What advice can you give Gateway on handling the FTC charges? I would suggest Gateway try to collect a fine from the FTC for their "false advertisement." If that doesn't work, I would advise them to approach the FTC about volunteering to cease running the advertisements and promising not to use them going forward. The FTC also alleges that, after collecting consumers’ information, Gateway Learning changed its privacy policy to allow it to share the information with third parties without notifying consumers or getting their consent.

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This is the first FTC case to challenge deceptive and unfair practices in connection with a company’s material change to its privacy policy (Farrell, 2004). Gateway should provide the FTC with a suitable explanation in response, outlining the precise features of the product and the advantages that users would experience. It ought to state why it thinks the statements are accurate and not deceptive. In the event that the FTC remains unconvinced despite conversation and explanation, Gateway ought to delete any offensive terms or phrases from the advertisement and substitute them with words that accurately communicate the advertisement's message to the intended audience while also avoiding offending the FTC. It should avoid reaching a standstill or carrying on with the issue any longer because doing so will result in bad press. Hopefully, this will demonstrate to the agency that they take the matter seriously and prevent them from issuing restitution orders that would require Gateway to reimburse all of the customers who have already paid for their product. Question 10: Did former CEO Daniel Mudd have a conflict? What is the relationship of corporate officers to customers? What is the role of regulators? Senators? It is vital to take into account any possible conflicts of interest that may have developed in light of Ms. Gorelick's answers to the questions regarding her loan. Conflicts between a person's personal commitments and duties and their professional obligations are known as conflicts of interest. There may be a conflict between Ms. Gorelick's personal relationship with Daniel Mudd, the former CEO of Countrywide Financial Corporation, and her need to act in the best interests of the company. Daniel Mudd approved Ms. Gorelick's loan; she has been a customer of Countrywide Financial Corporation for a number of years. Maintaining a high standard of ethical

behavior and openness is crucial for the interaction between company officers and customers. Acting in the best interests of the business and all of its stakeholders, including customers, is a duty of corporate officers, including directors and executives. They must therefore put the company's long-term profitability and well-being ahead of their own personal interests when making decisions. Regulators have the responsibility of monitoring and guaranteeing adherence to pertinent laws and regulations. Regulators are essential in safeguarding consumer interests and making sure corporate executives behave morally and legally. Senators' main responsibilities are to oversee government operations and policy and to represent the interests of their constituents. Senators could look into Ms. in this particular instance. Ethical Issues- SeaWorld: On February 24, while 40 year old Dawn Brancheau was working with Tilikum the whale in knee-deep water at SeaWorld in Orlando, the animal grabbed her by the ponytail and hauled her underneath in front of startled spectators at Shamu Stadium. Officials from SeaWorld have stated that because to Tilikum's past and stature, trainers refrained from entering the water with him and had established protocols for their interactions. Two days following Brancheau's passing, SeaWorld's president declared that Tilikum "is a wonderful animal" and that he "will remain an active and contributing member of the team despite what happened." After the inident of one of Dawn Brancheau, OSHA pushed the park for higher standards and issued a citation for endangering their employees to killer whales, however SeaWorld did not take the citation much serious which resulted in a “repeat violation” and a fine against SeaWorld for ignoring a court order and continuing to expose their employees to hazards such as death or serious injury (Damilola, 2015). SeaWorld's corporate curator for zoological operations stated that there were

occasions when the company failed to record incidents at all, as demonstrated by the company's failure to produce an incident report for the deaths of Dawn Brancheau and Tilikum, which may have been involved in a third incident.

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References DAMILOLA, O. (2015, April 1). SEAWORLD case analysis . blackfishandseaworld. https://blackfishandseaworld.wordpress.com/2015/03/31/seaworld-case-analysis/ #:~:text=After%20the%20death%20of%20one,SeaWorld%20for%20ignoring%20a %20court Kauffman, C. (2023, January 4). Why Kelo v. New London is one of the worst Supreme Court decisions . James Madison Institute. https://jamesmadison.org/why-kelo-v-new-london-is- one-of-the-worst-supreme-court-decisions/?gad_source=1 Farrell, C. (2004, July 7). Gateway learning settles FTC Privacy Charges . Federal Trade Commission. https://www.ftc.gov/news-events/news/press-releases/2004/07/gateway- learning-settles-ftc-privacy-charges National Collegiate Athletic Ass'n v. Associated Press , 18 So. 3d 1201 (Fla. Dist. Ct. App. 2009) Lavy, K. (2022). Cincinnati V. Discovery Network, Inc., 507 U.S. 410 (1993) . Justia Law. https://supreme.justia.com/cases/federal/us/507/410/

Stender, C. (2022). Dolan v. city of tigard, 512 U.S. 374 (1994) . Justia Law. https://supreme.justia.com/cases/federal/us/512/374/#:~:text=means%20of %20transportation.-,Both%20the%20Oregon%20Court%20of%20Appeals%20and%20the %20Oregon%20Supreme,383%2D396. Reuters, T. (2024). US Supreme Court opinions and cases | findlaw. https://caselaw.findlaw.com/court/us-supreme-court

MBA524 Unit 2 Homework

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