1."Workers' compensation statutes
provide payment to employees for injuries incurred at work. In return,
employees are not permitted to sue their employers for negligence. " Lawyer Todd Uglow thinks that interns shouldn't necessarily get the same protection as employees, because it wouldn't be fair to the employer for having to pay for it.
2. In the Lapine v. Seinfeld case there was an issue as to if Seinfeld had violated Lapine's copyright because Seinfeld came up with a book that was similar to hers. "Reasoning: While it is true that the two books have a similar subject matter, no one can copyright the idea of stockpiling vegetable purees for secret use in children's food. It is a fundamental principle of our copyright doctrine that ideas, concepts, and processes are not protected from copying." The judge saw that yes the books were quiet similar but any book that would be within that category would be. "These features follow naturally from the work's theme rather than from the author's creativity."
3. In the trial of the United States of America v. Angevine, Professor Angevine was sentenced to 51 months in prison for “knowing possession of child pornography.” Although the case does not go into detail of what the photos looked like it does say that "Professor Angevine used this computer to download more than 3,000 pornographic images of young boys." And for him to be convicted of a crime the pictures must be severe. So when it comes to the situation with Gwyneth Paltrow, her advertisements only showed a young girl in a bikini and nothing provocative or exploitative of young children.
4. In the case of Hernandez v. Arizona Board of Regents a fraternity was throwing a welcome party for the new member and required all of them to drink no matter their ages. John Rayner an intoxicated under aged teen left the party and drove home, creating a collision with Ruben Hernandez. Due to the crash Hernandez became blind and paralyzed. "Hernandez sued Rayner, who settled the case based on the amount of his insurance coverage. The victim also sued the fraternity, its officers and national organization, all the fraternity members who contributed money to buy the alcohol, the university, and others. The trial court granted summary judgment for all defendants, and the court of appeals affirmed. Hernandez appealed to the Arizona Supreme Court." The final decision was "Yes, the defendants did have a duty of due care to Hernandez. Reversed and remanded."
5. "Many deceptive acts or practices involve
advertisements. Under the FTC Act, an advertisement is deceptive if it
contains an important misrepresentation or omission that is likely to
mislead a reasonable consumer." In the Federal Trade Commission v. Direct Marketing Concepts, Inc. case the FTC was claiming that Direct Marketing Concepts, Inc. and Barefoot were broadcasting informercials that were misleading. "Direct Marketing Concepts, Inc. broadcast an infomercial for Coral Calcium that featured a spokesperson named Robert Barefoot. In the ad, his claims were as bare as his feet. He asserted that these pills could cure virtually all diseases, including heart disease, cancer, lupus, multiple sclerosis, and Parkinson's. To bolster these claims, Barefoot cited unspecified articles from prominent medical journals." The decision to this case was that yes, the informercials were misleading and no trial was needed.
2. In the Lapine v. Seinfeld case there was an issue as to if Seinfeld had violated Lapine's copyright because Seinfeld came up with a book that was similar to hers. "Reasoning: While it is true that the two books have a similar subject matter, no one can copyright the idea of stockpiling vegetable purees for secret use in children's food. It is a fundamental principle of our copyright doctrine that ideas, concepts, and processes are not protected from copying." The judge saw that yes the books were quiet similar but any book that would be within that category would be. "These features follow naturally from the work's theme rather than from the author's creativity."
3. In the trial of the United States of America v. Angevine, Professor Angevine was sentenced to 51 months in prison for “knowing possession of child pornography.” Although the case does not go into detail of what the photos looked like it does say that "Professor Angevine used this computer to download more than 3,000 pornographic images of young boys." And for him to be convicted of a crime the pictures must be severe. So when it comes to the situation with Gwyneth Paltrow, her advertisements only showed a young girl in a bikini and nothing provocative or exploitative of young children.
4. In the case of Hernandez v. Arizona Board of Regents a fraternity was throwing a welcome party for the new member and required all of them to drink no matter their ages. John Rayner an intoxicated under aged teen left the party and drove home, creating a collision with Ruben Hernandez. Due to the crash Hernandez became blind and paralyzed. "Hernandez sued Rayner, who settled the case based on the amount of his insurance coverage. The victim also sued the fraternity, its officers and national organization, all the fraternity members who contributed money to buy the alcohol, the university, and others. The trial court granted summary judgment for all defendants, and the court of appeals affirmed. Hernandez appealed to the Arizona Supreme Court." The final decision was "Yes, the defendants did have a duty of due care to Hernandez. Reversed and remanded."
6. "The Fair Labor Standards
Act (FLSA) provides that hourly workers must be paid a minimum wage of $7.25 per hour,
plus time and a half for any hours over 40 in one week. More than
half the states set a higher minimum wage, so it is important to check state
guidelines as well." If any company pays lower than the minimum wages set will be in violation of the FLSA.
7. "Employers are required to verify their workers' eligibility for employment in the United States." The government can at anytime arrest illegal employees, but can also charge the company for hiring them. In my opinion I think that the employer should also be arrested for hiring them knowing that they weren't legally allowed to work in the USA. "Once a new worker has been hired,
the employer must complete an I-9 form—Employment Eligibility
Verification—within three days. The I-9 must be kept for three years after the
worker is hired or one year after termination."
8. "The United States will be facing
nations with unlimited pools of exploited labor. These countries will
dominate labor-intensive merchandise such as textiles, eliminating
millions of American jobs." Many American companies do their business through what is called international subsidiaries, which are foreign companies that are controlled by them, and in many cases these subsidiaries could be in countries that deny workers the protection that would be given to employees in the US.
10. Under the Securities Exchange Act of 1934 public companies are required to file:
"Annual reports on Form 10-K, containing audited financial statements, a detailed analysis of the company's performance, and information about officers and directors. A public company must also deliver its annual report to shareholders. Quarterly reports on Form 10-Q, which are less detailed than 10-Ks and contain unaudited financials. Form 8-K to report any significant developments, such as a change in control, the resignation of a director over a policy dispute, or a change in auditing firms." Congress has also came up with the Sarbanes-Oxley Act of 2002, which requires CEOs and CFOs to prove that the information in the quarterly and annual reports are true, that the company has effective internal control, and that the officers have informed the company's audit committee and its auditors of any concerns that they have about the internal control system.
Citations:
Beatty, J. F., & Samuelson, S. S. (2012). Introduction to Business Law, 4th Ed. South-Western College Pub. Pages 6, 129, 133, 329, 330, 450, 460, 487, 506
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