Based on the following facts write a memorandum addressed to your supervisor regarding an important matter on which she wants your input.

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(Business Law) “Letter of Memorandum to Ms. Sunflower”

Read Chapter 3, “Ethics in Business,” pp.65 – 67. These pages discuss several ethical principles and philosophies that businesses use to analyze ethical problems and make business decisions that we discussed in class. The ethical principles that you are to focus on in the reading are (1) Religious Ethical Principles, (2) The Principle of Rights, (3) The Categorical Imperative, and (4) Utilitarianism/Cost Benefit Analysis.

Based on the following facts you must write a memorandum addressed to your supervisor regarding an important matter on which she wants your input:

FACTS

Assume that you work for a successful technology company, Mega Tech, Inc. (“Mega”), which has 1,000 employees. Mega has invested in ten smaller companies that have 20-35 employees each and has set up a fund to assist these start-ups. As a result, mega has access to the proprietary information of start-up companies. Your supervisor, Julissa Sunflower, wants your opinion as to whether Mega should use this proprietary information received from the start-ups to gain a financial advantage for the company or whether Mega should keep the information confidential and use it to best assist the start-ups.

In the memorandum to Ms. Sunflower, you should discuss the following:

Your opinion is based on the set of facts above,

What principle you chose as your guide to making this business decision and

Why you chose that ethical principle

4) You should use the appropriate terminology and make sure to explain clearly so that Ms. Sunflower, will understand. Your supervisor wants you to be truthful. You will not be judged based on the ethical principle that you decide to use as your guide.

The heading of the Memorandum should look like the following:

MEMORANDUM

  • TO: J. Sunflower
  • From: Your Name
  • RE: Proprietary Information of Start-Up Investments

DATE:

 

 

Identify the specific clause in or part of the Constitution that presents the matter your amendment is addressing. Discuss an objection that you imagine would be raised to your proposal.

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Amend the Constitution

Throughout the term, we are reading about, discussing, learning about various problems in our political system: problems that affect our government’s ability to get things done and respond to the people’s needs, that affect the degree to which the rule of law is followed, that affect our institutions’ ability to adequately check each other, that affect the fairness of elections, that affect people’s rights, that create tremendous inequality, that broadly affect the quality of our democracy, etc, etc, etc.

Propose an amendment to our Constitution (presumably the 28th Amendment)

For each of the amendments you propose, you should:

Provide the rough wording of your amendment (you should model the style on the actual existing amendments, which are in the appendix of your textbook) explain your rationale.

Identify the specific clause in or part of the Constitution that presents (or fails to adequately address) the matter your amendment is addressing.

Discuss an objection that you imagine would be raised to your proposal.

 

Write an essay discussing when should the women or government rights end in abortion act?

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Abortion rights: when should the women or government rights end in this act?

You will complete a minimum 2000-word (8 pages) research paper related to a criminal investigative topic pre-approved by the instructor.

This paper MUST integrate the Saint Leo core value of Integrity which for purposes of this paper will be consistency in what is stated or prescribed or proscribed and what is actually practiced in criminal investigations as it relates to your topic.

Mandated considerations for your research paper assignment:

  1. Be as specific as possible and keep the main topic the main topic. Keep in mind a research paper is not merely an “information dump” of statements reflecting no analytical or critical thinking, e.g., no discernment of untruths, partial truths, false assumptions, political agendas, etc., and no well-informed summary and conclusion.
  2. Only two references from the web may be used. Use scholarly journals, books, (not information unsupportable by fact-based sources).
  3. If you fail to use at least five different references excluding the course textbook in your research assignment or if you fail to in-text cite in the body of your research assignment all of the references you list on the references page there will be a significant reduction in your final grade.
  4. The use of proper grammar, spelling, punctuation and overall writing mechanics will be scrutinized.
  5. You must properly in-text cite any quoted or paraphrased content. Cite the sources for all cited statistics. The APA 7 Publications Manual and other APA resources describe how to cite different types of sources such as government documents, pamphlets, websites, etc. Properly cite all references.
  6. In your paper you must detail and comprehensively address the investigative approaches, techniques, strategies, methods, investigative tools, and specific constitutional considerations incident to the investigations and/or practices, e.g., Fourth and Fifth amendments. The paper is not to focus on a specific case or specific cases.
  7. Address the need for applying integrity in the investigative processes addressed in your paper, e.g., what is stated or prescribed or proscribed and what is actually practiced and applied in criminal investigations as it relates to your topic.

 

Do you think companies should be allowed to negotiate non-competition agreements? Why or why not? Should the federal government dictate this area, or should it be up to individual states to legislate non-competition agreements under state law?

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Week 5: Discussion: Non-Competition Agreements

Read the prompt below and answer questions 1 and 2. Your initial posting should be roughly 100-200 words in length. Review materials and videos and use materials as sources.

On July 9, 2021, President Biden signed an executive order supporting limitations on the use of non-compete clauses. Styled as “promoting competition,” the order encourages the Federal Trade Commission to act to limit employee non-compete clauses as well as any “other clauses or agreements that may unfairly limit worker mobility.” While this order doesn’t effectuate any immediate changes in the law, it comes after an FTC examination of non-competes last year and after the Obama administration issued similar criticisms of such clauses years ago. In the intervening time, several states have changed their laws on regulating them, and it remains to be seen how this most recent Order will impact the legal landscape.

Regulation of non-compete and other related clauses is not without criticism. It is unclear how the FTC may act in response to this order, and the scope of their power to regulate non-competes will certainly be the subject of litigation. The FTC may engage in rulemaking to restrict these clauses in response to the administration’s vow to ban them altogether, and it is unknown as to whether the agency will seek a total ban, or something more narrowly tailored as many states have enacted. In addition, as the language of the executive order is broader than just non-competes, the FTC may seek to regulate other contract provisions like non-solicitation, no-rehire, and other restrictive covenants. As such provisions affect over half of American businesses, this changing area of the law may have broad-ranging consequences for employers.

TASK

  1. Do you think companies should be allowed to negotiate non-competition agreements? Why or why not?
  2. Should the federal government dictate this area, or should it be up to individual states to legislate non-competition agreements under state law?

 

With this in mind, do you believe that people should be allowed to self-represent? Do you think that there should be more resources dedicated to helping self-represented people participate in the judicial process? What kind of resources might those be?

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Introduction to courts- access to justice

Our judicial system is known as an ‘adversarial’ one in most instances. There are two sides representing the interests of the state or plaintiff and the interests of the defendant. As you may imagine, the law is complex as is the process to access justice. This is why there are lawyers, people who specialize and receive extensive, ongoing training in legal practice. Not only is knowledge of the law, statutes, case law, and the language of the law necessary, many lay people are not familiar with the process to begin with. This is one of the reasons why defendants in criminal cases are legally entitled to zealous representation in their case.

Additionally, attorneys can be expensive, billing upwards of several hundred dollars per hour. Legal fees associated with a case can run thousands of dollars, including the court administration costs, paralegal research costs, materials, among other expenses. Some cases are fairly simple matters and may not require a comprehensive understanding of the law or process, so many people choose to represent themselves, such as in small claims court cases. A number of people choose to self-represent in family law cases, though that type of law is arguably more complex. There is a Constitutional right to zealous representation for defendants in criminal cases during their original trial and one appeal, but this right does not apply in civil cases. An inexperienced lawyer or self-represented person may unduly clutter the court docket with meritless filings, incorrect pleadings, or otherwise, in good faith or otherwise. This can cost precious time, cost, and effort resources for the courts and may not provide ‘fair’ access to justice in the eyes of the litigants.

With this in mind, do you believe that people should be allowed to self-represent? Do you think that there should be more resources dedicated to helping self-represented people participate in the judicial process (short of appointing them an attorney)? What kind of resources might those be? What do you think the consequences are of having one or two parties self-represented to the case outcome and the court process? What do you believe the benefits might be?

Discuss your rationale in no fewer than 400 words (juchost shy of two double-spaced pages)

 

Write a policy based on a real-world existing regulation, code, or law for your company or hypothetical company. Use the template in the article.

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Activity 6.1: Writing a Policy

Read What Is Meant by Policies and Procedures?

Write a policy based on a real-world existing regulation, code, or law for your company or hypothetical company. Use the template in the article.

 

 

Choose one of the following prompts to address in your original post: Suppose someone asks you, “What is the veil of ignorance?” Explain Rawls’s thought experiment. Suppose someone asks you, “What is justice in acquisition?” Explain Nozick’s concept.

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Distributive Justice Forum

You are going to present a concept from either Rawls or Nozick. Your initial post and peer reply should each consist of approximately 150-200 words. Be sure to complete your original post and your peer reply. Find a peer post.

Part I (Original Post)

Choose one (and only one) of the following prompts to address in your original post: Suppose someone asks you, “What is the veil of ignorance?” Explain Rawls’s thought experiment. Suppose someone asks you, “What is justice in acquisition?” Explain Nozick’s concept.

Be sure to complete your original post by Friday, and your peer reply by Sunday.

Part II (Peer Reply)

Find 2 classmate post and explain which TWO classmates’ posts struck you as the clearest, most coherent, and accurate presentation of either Rawls or Nozick? Be sure to engage the concept(s) and argument(s) your classmate presents, rather than only agreeing or disagreeing with the substance of the post. Describe and explain your thinking!

 

As Stop-N-Shop’s attorney, give two arguments to support the supermarket’s position that it is the injured party and that Noel is liable to pay money damages for a breach of contract.

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Breach of contract

Required:

1) As Noel’s attorney, give two arguments to support his position that he is not liable for a breach of contract.

2) As Stop-N-Shop’s attorney, give two arguments to support the supermarket’s position that it is the injured party and that Noel is liable to pay money damages for a breach of contract.

 

As the attorney representing the 100 plaintiff employees, give the presiding judge three reasons why the company should be liable for wrongful termination.

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The Rump Organization

The Rump Organization (“Rump”), an SEC registrant, is a commercial real estate company that purchases and constructs commercial property. On the basis of the corporate restructuring plan, Rump’s CEO, Ronald Rump, and Rump’s board of director approve a plan to terminate 100 of the company’s employees.

The plan provides for each terminated employee to receive a lump-sum cash payment equal to one month’s salary only if the employee voluntarily signs a waiver of any right to legal action against Rump. Consistent with Rump’s past practice, employees refuse to sign the litigation waiver will not receive any of the severance benefits.

Consider the following additional facts:

The corporate restructuring plan identifies the number of employees to be terminated (i.e., 100), the job classifications and location of each employee to be terminated, and the expected completion date of January 31, 2015.

The plan was approved on December 27, 2014, by Rump’s board of directors and Rump’s CEO, Ronald Rump.

The plan allows employees to leave Rump at any time, but no later than January 31, 2015. The employees must sign the waive later than January 31, 2015.

On December 31, 2014, each affected employee was e-mailed a summary of all the plan’s terms, which included the amount of severance benefits the employee would receive upon termination, subject to signing the litigation waiver by January 31, 2015. In addition, Ronald Rump personally visited all 100 employees just to tell them, “You’re fired!”

Rump believes it is unlikely that significant changes will be made to the plan or that the plan will be withdrawn before its execution Rump does not have a general policy regarding severance payments made to employees terminated without cause; however, it in the past offered one-time severance benefits to employees being terminated as a result of workforce reduction plans. The amounts and terms of the past one-time severance benefits varied according to the specific facts and circumstances at the time the terminations and were limited to a specified termination event or specified future period.

Required:

1) As the attorney representing the 100 plaintiff employees, give the presiding judge three reasons why the company should be liable for wrongful termination.

2) As the attorney representing the company, give the presiding judge three reasons why the company should not be held liable wrongful termination.

3) After you have discussed the arguments for both sides, discuss the position you believed was easier for you to argue

Specifications: APA paper, double spaced, 12 font, 1 inch margin (top, bottom, left and right), and at least three (3) sources

 

Using the APUS Online Library, select a peer-reviewed article that is no more than five (5) years old that interests you personally.

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Immigration/ border security/ national security

Using the APUS Online Library, select a peer-reviewed article (ARTICLE ATTACHED) that is no more than five (5) years old that interests you personally; however, it must be related to all or a combination of the following topic areas:

  • X- National security law
  • Homeland security laws, policies, and executive orders
  • Constitutional impact
  • Civil liberties
  • Individual Rights
  • X- Immigration and border security
  • A critical analysis includes:
  • An Introduction – introduce the thesis
  • Summary – provide the main idea
  • Analysis – critically state the positive and negative points of the article and assess if the intended goal of the author was met
  • Conclusion – summarize the main ideas
  • Include at least two (2) additional references as part of your critique (to support your analysis).

RESEARCH ARTICLE:

Foreign threats to national security and an alternative model to local enforcement of US immigration laws BY Maria (Maki) Haberfeld a and Charles A. Lieberman b