Gun Control

Due to the recent tragedy in Newtown, the issue of gun control has sparked major public and government interest. It is a constitutional right for every citizen to bear arms, however in the recent decade many Americans have questioned the amendment's purpose. My immediate reaction to the school shooting was to immediately implement stricter gun laws, but thought was purely driven by emotions. When the government decides to tackle a very controversial issue such as gun control, it is important for both parties to step away from emotions and focus on the proper purpose of the government. This proper purpose is to satisfy and protect the common good of the people. I personally believe by reducing the access of weapons to the public, the common good will suffer less from violent crimes. Even with an universal law banning guns there still must be accommodations for people to still acquire weapons who use them for professional purposes. Proposed accommodations are mental health screenings and older age requirements. The success of gun control is very hard to portray because the date is very limited (The Wall Street Journal). However many 1st world nations such as Japan have significantly lower violent crimes that may be linked to extremely strict gun laws (The Atlantic). In the end, I am not advocating for any extreme political position, but I do hope to see the government try their hardest to combat this obvious issue.

http://online.wsj.com/article/SB10001424127887324731304578191531343495520.html

http://www.theatlantic.com/international/archive/2012/07/a-land-without-guns-how-japan-has-virtually-eliminated-shooting-deaths/260189/

More details about Kate Middleton Hoax Call

After reading about the Kate Middleton Hoax Call that was posted in the previous entry, I decided to do more research about this issue because I wanted to know more about the criminal charges for airing the private conversation.

As far as consequential action for airing the confidential information about Kate Middleton's conditions while in the hospital, the DJ's were fired from the radio show and the radio show was entirely canceled.  Although I feel it was right to have consequences for their actions, I still can't get past the idea that the DJ's are the only ones that have prison time on the line....Aren't the program producer, program manager and station manager also at fault for the aired segment since they were the one's who granted permission to the DJ's to go through with the prank call? 

Also, there is uncertainty whether the radio station 2DayFM or its parent company Southern Cross Austereo should take responsibility for airing the call; neither station has taken the blame.  The CEO made a statement to the press after Jacintha Saldanha had committed suicide after the prank phone call.  His statement clarified that Southern Cross Austereo called the hospital a total of five times before the segment started in order to receive permission to air the prank over the radio.  The hospital did not answer or return any of the phone calls and claims there are no records for these attempts.  In addition, the article notes that the legal aspect of this unfortunate event lies on whether a reasonable person would consider attempts for permission, granted permission.  According to the privacy law expert that was mentioned in the article, these attempts will not provide an adequate defense.

Austereo has repeatedly claimed that airing the phone call did not violate any laws and that the company did its research prior to conducting the segment by undergoing a thorough internal legal review before the segment was broadcasted.  Mark Pearson, a media law expert that commented about this story said that all the parties involved with the segment had to grant permission to have the material air on the radio show in order to not break the law.  Again, we run into the question of whether a reasonable person would view the attempted phone calls as sufficient permission from the hospital.

The legal issues surrounding this story are continuing to be investigated.  Since there was intense legal review prior to this segment taking place and the company attempted to seek permission from the hospital five different times, it only seems like they knew that something bad could come out of this segment.  Unfortunately for radio station 2DayFM, this prank has cost a person's life.  Police have still not disclosed the cause of Jacintha Saldanha's death but it is speculated that it was related to stress from the prank call. 


More information can be found at this link:
http://www.huffingtonpost.com/2012/12/11/2day-fm-kate-middleton-illegal_n_2275139.html

Legal Issues Surrounding the "Royal Hoax" Call

There has been an enormous amount of publicity surrounding the Kate Middleton’s pregnancy. Unfortunately, there was something tragic that happened in England this past week. Two Australian radio announcers made a prank call to a British hospital where Kate was getting treated. Mel Greig and Michael Christian pretended to be the Queen calling to speak to Kate. The nurse, Jacintha Saldanha that spoke with the DJs was easily tricked by this prank phone call. Greig and Christian aired this phone call on the radio. This embarrassing call had gained attention from news sources all over the world.

Kate’s nurse was found dead after this prank call was aired last week. After further investigations, the police have concluded that Jacintha committed suicide. There are legal issues that are involved with this situation. Although the DJs will face Australian laws, there are similarities between the law in Australia and the US. One similarity is that it is a crime to record a phone call without the other person’s consent and knowledge. All parties to the call must consent to the recording, which is consistent with the laws in 38 states. The DJs as well as those individuals behind the scenes could face up to 5 years in prison for this.

The bigger legal issue is whether or not these two DJs could be held legally responsible for the death of this nurse. This would probably be a civil case of negligence. The nurse’s family would have to show that the death of this nurse was “reasonably foreseeable” given this prank phone call, which is a causation issue. As we learned in class, this can be very hard to show.

This link fully explains what happened. Lisa Bloom, a legal analyst, explains the legal issues surrounding the case in an interview on the Today Show this morning. 

http://worldnews.nbcnews.com/_news/2012/12/10/15811889-djs-speak-out-say-theyre-heartbroken-over-death-of-nurse-in-royal-hoax-call?lite

Fear of Litigation Adversely Affecting the Fine Art Market

In the fine art market, plenty of art experts have been timid to authenticate artwork in fear of possibly being litigated. Art scholars are scared that if they authenticate a piece of art that turns out to be the product of forgers, the authenticator could be held liable and get sued for millions of dollars. Many art institutes have entirely eliminated their art authentication division to avoid jeopardizing the health and well-being of their foundation or organization as a whole.

As a result, the price for pieces of art that have been authenticated by an art authentication board fetches an exponentially greater price than unauthenticated ones, since it increasingly has become a rarity. These authenticated pieces of art’s purchase price are thus greatly inflated and the ones that are indeed genuine but not authenticated, for whatever reason, have cost the owners up to millions of potential profit.

I consider this article to be an excellent example of why a fundamental understanding of the law and its impact on the business environment is essential for business students. Alluding to the fine art market, the article demonstrates why it is essential for business models to take into account legal concerns in implementing a strategy or operation.

http://economist.com/news/business/21567074-fear-litigation-hobbling-art-market-collectors-artists-and-lawyers

POLICE: Alleged Jefferson Mall shoplifter took requests

LOUISVILLE, Ky. (WDRB) -- Looking for some new threads? Police say they've arrested a shoplifter who was taking requests.

It happened at the Jefferson Mall on Thursday. Police say they were called to the mall after 29-year-old Kim Starks and 48-year-old Ronald Murrell were repeatedly seen walking out of the mall with a "large amount" of property that had not been bagged.

At one point, while the pair was in the Childrens' Place, they noticed they were being watched by security and immediately left the mall, according to arrest reports.

But police were already waiting outside, and watched the suspects get into a 2005 blue Hyundai and drive away.

Police say they stopped the car for speeding -- they were allegedly doing 45 mph in a 35 mph zone -- and for failing to use a turn signal.

As police approached the vehicle, they allegedly detected the "strong odor of marijuana." Officers allegedly found two bags of marijuana, $627 in cash and a "large amount" of merchandise that was not tagged. Police say that merchandise included $2,753 worth of clothes.

The rest of the article can be found at http://www.wdrb.com/story/20287644/police-alleged-jefferson-mall-shoplifters-took-requests?hpt=ju_bn4

When learning about false imprisonment under intentional torts, there is a shopkeeper's privilege where employees have a right to detain people in a reasonable and safe manner. However, we talked in class about how it would be safer to call the police since employees are not trained in these situations. This is a real world example where the employees were smart and decided to give the responsibility to the police to find that it all worked out in the end, although, not for the shoplifters. 

-Jenny Lahitte

Bus Driver Found Not Guilty in NY Crash

On Friday, a tour bus driver, Ophadell Williams, was acquitted of manslaughter and negligent homicide in a crash that occurred on March 12, 2011. The crash killed 15 gamblers who were on their way to a casino in New York City. Prosecutors said the driver was suffering from extreme exhaustion while driving and he was, “ all but asleep.”

Williams argued he had been awake and alert at the time. He argued that the crash was caused because of a tractor-trailer that cut him off and caused him to swerve. Investigators found no evidence that this happened.

Prosecutor Garry Wiel thought the not guilty verdict was a disappointment. He alleged that Williams was sleep-deprived from his work at another job during the day. The exhaustion impacted his reflexes as if he were intoxicated. He stated, “Williams knew the risks, but drove anyway.”

However, Williams was found guilty for, “aggravated unlicensed driving.” The judge sentenced him to 30 days in prison and Williams had to pay a fee of $500.

Williams’ lawyer, Patrick Bruno, said that the verdict made an important legal point. "It's saying that if you are going to try and make fatigue — sleepiness — a criminal legal issue in a motor vehicle accident, you have a lot, lot more to prove," he stated.

I found this case interesting because it helps illustrate an important idea about how lack of sleep affects someone’s driving ability. I was also surprised by the verdict like many others and wondered what it would take to make sleepiness a criminal legal issue since so many people do drive when they are sleep deprived. It will be interesting to see how this case affects future cases similar to it.

http://news.yahoo.com/bus-driver-not-guilty-manslaughter-ny-crash-164530426.html

Supreme Court will hear two gay marriage cases

Today the Supreme Court announced that it will hear two important gay marriage cases next year. This is the first time in history that the Supreme Court will consider the idea of same sex marriage. They expect to reach a decision, which could finalize the legality of gay marriage debate, by June 2013.

One case that the Supreme Court will be hearing concerns the constitutionality of California's gay marriage ban (proposition 8). This was passed in 2008 and has been struck down by 2 courts since.

The other case on the docket is Windsor v. United States, which challenges the federal Defense of Marriage act. Under the Defense of Marriage act, the federal government cannot recognize gay marriage. This is of particular concern to Edith Windsor, a resident of New York (where gay marriage is legal). She was forced to pay $363,000 in estate taxes following the death of her wife because the government does not recognize her marriage.

Based on what I have read, it is unlikely that the Supreme court will issue a "sweeping decision" that either affirms or denies the legality of same sex marriage based on the Windsor case. Rather, they will decide whether or not to recognize same sex marriages performed in states where it is legal. However in the Proposition 8 case, there is a chance that the court could rule that the right to marry is a fundamental right for all citizens. In this happens, states would no longer be able to ban gay marriage.

It will be interesting to see how the courts decide these two cases. There will certainly be talk in the coming months about judicial activism vs. strict construction view points and how that applies to the definition of marriage.

Full article: http://news.yahoo.com/blogs/ticket/supreme-court-hear-gay-marriage-cases-201555862.html

-Brendan Forghani

Maryland refuses to pay exit fee after leaving ACC

The University of Maryland is being sued by the Atlantic Coast Conference (ACC) in Greensboro, N.C.  On November 26^th, Maryland announced its departure from the ACC to the Big Ten in 2014-2015 school year.

Any school that leaves the ACC before their contract is executed must pay an exit fee.  This exit fee, prior to September 2012, was equal to one-and-a-quarter times the ACC’s annual operating budget.  However, in September the fee was increased to three times the annual operating budget, which put Maryland’s fee after the lawsuit at $52,266,342.

According to common law, liquidated damages can only be enforced if its purpose is to compensate the injured parties rather than punish the wrongdoer in breach.   Also, the amount of damages identified must roughly approximate the damages likely to fall upon the injured (ACC), and the damages must be sufficiently uncertain at the time the contract is made so that, if upheld, the liquidated damages clause would likely save both parties from future difficulty of estimating damages.

The ACC argues that Maryland must pay the liquidated damages for the breaching of the contract.  Maryland, who was one of two schools who voted against the exit fee increase in September, believes the fee is “invalid and unenforceable”.  The court will have to decide if the fee is excessive. If it is excessive, the result would be no penalty and an unenforceable contract.

I thought this was an interesting article because we have recently been discussing liquidated damages, along with unenforceable contracts, in class.  I especially enjoyed the article because of my passion for sports and business, and I think it’s relevant because of how many students, athletes, and faculty that will be affected by this decision. Also, it is a great example of contract law in relation to current events.    It should be an interesting case to follow in the coming weeks.

http://www.washingtontimes.com/news/2012/nov/27/acc-sues-maryland-big-ten/

Twinkies Shut Down on Hold

I thought it article was intriguing for a few reasons. The first was that it highlighted an important method of Alternative Dispute Resolution, or otherwise known as ADR. In class we learned about how ADR can be less costly and stressful to the parties at play. This article is about the Twinkies company, and how they are resorting to Mediation in order to find some resolution within this dispute.  Some basic facts on this  issue is: Bakery Workers union, which currently represents 5,000 workers, went on strike.  A few days later management shutdown Hostess and appeared before U.S. Bankruptcy Judge Robert Drain in order to liquidate.

Drain thought it would be of Twinkies best interest to try one last time to reach an agreement, and he is willing to serve as the mediator. These mediations would be very pertinent to this company because if the company permanently shuts down, 18,500 people will be out of work, which would be an extreme detriment to the United States economy. This action by a Judge is very notable because of his consideration to attempt to save this company. Although both the Hostess lawyers, and the union lawyers are entering into this mediation, they are all a bit doubtful of the outcome.

Direct Link: http://money.cnn.com/2012/11/19/news/companies/hostess-bankruptcy-bonuses/index.html?hpt=hp_inthenews

Will SCOTUS make it illegal to resell your stuff?

This article, published October 8th, 2012 is of great importance to me.  The Supreme Court is set to hear a case that could impact millions of Americans and many businesses  What surprises me the most about this case, is how little media attention it has received. Since 1908, the holder of a copyright only had control over the initial sale (known as the "first-sale" principle). This is what made websites like eBay, Craigslist and gazelle possible- they all dealt with items that had already been purchased once, and were thus allowed to be resold. However, if the Supreme Court upholds an appellate court ruling, which stated that only domestic products were subject to the first-sale principle, the law would require you to obtain permission from the copyright holder before you resell it if the item was not made in America.

I really hope that the Supreme Court does not uphold the appellate court ruling. If the ruling is upheld, it will only provide further incentive for manufacturers to take their operations overseas, for they would now be able to control the rights to reselling in addition to the attraction of cheaper wages. I am also bothered by the fact that the driving force behind this case is a college student who made $1.2 million dollars by purchasing textbooks form overseas at a cheaper rate and reselling them in the United States. He serves as an extreme example, and should not be the reason why it would be illegal to have a garage sale without getting permission from all the copyright holders. I can see why the copyright holders want to protect themselves from people like the student who profited $1.2 million, but making it illegal across the board is too drastic. Perhaps the best way is to only require permission from the copyright holder if the item(s) you are selling are worth more than a certain amount of money, or if you are selling a certain number of the product.

Full article: http://www.salon.com/2012/10/08/will_scotus_make_it_illegal_to_resell_your_stuff/

-Brendan Forghani

Failed Terrorist Attack at the Federal Reserve Bank

An Al-Qaeda member, Quazi Mohammad Rezwanul Ahsan Nadis, planned to blow up the Federal Reserve Bank in New York City. His plan failed because he told a undercover agent, posed Al-Qaeda facilitator, that he needed 50 pound bags of explosives.  As planned, the undercover agent supplied Nafis with what he thought were 1,000 pounds of explosives into a van. While driving to the Federal Reserve Bank, Nafis told the agent about his "Plan-B" suicide bombing mission if he felt that the cops were onto his idea.  The pair went into a hotel where Nafis created a video explaining how he wanted to destroy America and the best way to do so was to target the American economy.  He also included a quote from Osama bin Laden to justify his plan because it involved killing American women and children.  The video was meant to be released after the attack to tell Americans that Al-Qaeda "will not stop until [they] attain victory or martydom."

Nafis tried several times to set off the bombs, which were actually inert explosives. Shortly after, he was arrested and most of his terrorist attack plan was caught on tape.  After 11 years of terrorism- free America and 15 terrorist attempts, our law enforcement destroyed another attempt of terrorism. Nafis will be charged with attempting to use a weapon of mass destruction and attempting to provide material support to Al- Qaeda.  The public must understand that they were never at risk in this case since 2 of the "accomplices" of the defendant were American FBI undercover agents along with Nafis.

More to come on what happens in this case.

Lisa Cole

http://news.blogs.cnn.com/2012/10/17/man-arrested-in-plot-to-blow-up-federal-reserve-bank-in-new-york/?hpt=hp_t1

Supreme Court to Take Riviera Beach Houseboat Case

Every once in a while, the Supreme Court will take on cases that seem a bit odd to the eyes of the taxpayer. In Riviera Beach, Florida, a certain houseboat owned by a Mr. Fane Lozman appeared to have irked the local authorities due to its "lack of compliance with new marina-safety requirements" as the U.S. Marshals invoked maritime law to seize said home. He argued that the city took its interpretation of a vessel too far and blew the whole issue out of proportion. He went on to say that the house itself was very rudimentary, had no steering capabilities, and had no means of propulsion as it was brought to the marina in the first place by means of a towboat.

Apparently the city had some issues with him before as he sued it back in 2006 for proposing a new marina redevelopment project that was planned as soon as it was evident that what he was bringing to the marina was not a typical boat. The city lost the case since the jury ruled in his favor, particularly due to the fact that the city's motivation was strictly based on preventing him from being there in the first place. The city went on to federal court two years later and it seems that Lozman won there, in part to the consequences that such a ruling would have on floating casinos and the duties of the Coast Guard. After much progress, the case made it to the U.S. Supreme Court and the first arguments were heard on the 1st of October.

In my opinion this case will have some significant repercussions either way that it is ruled. Apparently this is an issue that has been around for a while, particularly in some of the Southern states along the Gulf and would likely impact at least a few industries and professions. Additionally, the whole issue will drag maritime law into the mix and could result in some disputes in the future. The general issue at hand is summed up well by an article from PRWeb :

"The Supreme Court will consider the question of “whether a floating structure that is indefinitely moored receives power and other utilities from shore and is not intended to be used in maritime transportation or commerce constitutes a ‘vessel’ under 1 U.S.C. § 3, thus triggering federal maritime jurisdiction.” In light of the consequences of being determined as a "vessel" for purposes of federal tort, employment and maritime safety laws, the court’s decision will have significant implications to floating casinos, restaurants, and hotels."

Food for thought!
--Ilia Dolaptchiev

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Link to the PRWeb Article:
http://www.prweb.com/releases/2012/10/prweb9981562.htm

Link to Supreme Court case details:
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-626.htm

Link to Supreme Court case question at hand:
http://www.supremecourt.gov/qp/11-00626qp.pdf

Brief Video Recap:
http://www.youtube.com/watch?v=MeJdeNNNtYs

Presidential Debate

After discussing the relationship between the state and federal governments and the commerce clause in class, I found that Governor Romney's plan for Medicaid tied in to what we discussed about federal regulation and power. He said he wants to give each state the amount of Medicaid dollars it received in the prior year plus 1% (inflation). Then, each state would manage the care for its citizens. He believes that the states can provide better care to its citizens rather than allowing the federal government control each state. Romney also noted that the states are "the laboratories of democracy"and are what makes this country great.
I do agree that the states should have a choice in this matter. As discussed in class, the US is special because we have the option to move to a different state if we dislike the regulations or methods of our current state government. If the federal government increases regulation and control, then this option as well as the freedom of citizens are in jeopardy.

http://www.youtube.com/politics?feature=etp-gs-ype
video of debate on youtube (Romney's piece on this topic is about 35 minutes in.)

-Kaitlin Beuttenmuller

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2 Chinese students killed by USC campus

http://news.yahoo.com/la-police-arrest-2-killings-chinese-students-093512509.html

As the article states the students' parents have filed a suit against USC claiming that the term "Urban" which has been used to describe the school, was misleading to parents in China looking to send their children to the university. The victims' parents elaborate on the word "Urban" which has a different connotation in China referring to developed city life that is safe. The suit attacks the university for not properly notifying Chinese families about the hostile location surrounding USC. The question now is whether or not USC should have explicitly stated the dangerous location of the campus in South LA? The parents argument seems to focus on USC's negligence in warning about the surrounding region.

Men sue ABC for Racial Discrimination

http://www.bizjournals.com/nashville/morning_call/2012/04/nashville-men-sue-abcs-the-bachelor.html

The Bachelor has been on TV for 10 years and only now two individuals have brought suit against ABC.  The two men,Nathaniel Claybrooks and Christopher Johnson, claim "producers intentionally exclude "people of color" from lead roles on the popular shows".  In the beginning, the lead roles were filled by individuals who had never been on the show before as a contestant or lead role.  But, as the  show went on, producers began to cast inidividuals who have been involved in the show before.  I believe this has been done because the producers believe re-casting individuals will keep watching the show and ratings will stay the same.
Claybrooks and Johnson have not cited any reason to support their law suit except that producers gave them barely any attention compared to other men who showed up to the casting call.  Therefore, the men may not have any claim for racial discrimination.  Producers may already know who they have in mind for the roles and have the casting calls to find just a few more people or quickly pick out people who they believe will capture the tv audience.

PTSD as a defense in a murder

http://www.cnn.com/2012/05/05/justice/ptsd-murder-defense/index.html?hpt=ju_c1

This might not necessarily be related to what we are currently talking about class, but it definitely goes back to when we talked about self-defenses and defenses in a murder. I came across this article and thought it would be worth sharing. As a psychology major, it is disturbing to me that someone might use PTSD as a mental illness to defend a murder in trial. It emphasizes a stigma on mental illnesses and distorts the actual disorder.

Parents are liable for children missing too much school

I thought this article went along well with our discussion of a parents liability over children's actions.  I find it interesting that this law doesn't apply to high school students, but only to students between kindergarten and 8th grade.

http://articles.ivpressonline.com/2010-12-30/student-attendance-review-board_26352387

Dalai Lama visits San Diego

 Very interesting and relevant comments by the Dalai Lama in San Diego:



His Holiness the 14th Dalai Lama, on the first day of a five-day visit to Southern California, urged students at UC San Diego on Wednesday not to be distracted by materialism.
A large house and a good salary, he told a morning gathering at the La Jolla campus, should not be considered the "meaning of life."
"No, certainly not!" the 76-year-old spiritual leader of the Tibetan people said during a panel discussion on global warming attended by more than 4,000 persons in the campus basketball arena.
People everywhere should strive to promote tolerance, nonviolence and concern for the environment, he said.
"This is something serious, very serious," he said. "This small blue planet is our only one…. This beautiful planet (was) created by God. It is wrong just to exploit (it) as much as possible without care."
Still, the Dalai Lama did not underestimate the difficulty of vexing issues balancing the environment against economic growth.
With a slight laugh, he said it is good to remember the advice of an 8th century monk: if a problem has solutions, do not worry; if a problem has no solutions, do not concern yourself.
The Dalai Lama said that while he is not a scientist, he respects the scientific method: "Without skepticism there are no questions; with no questions there is no research; and with no research there are no answers."
At a press conference before the panel discussion, he was asked about the Los Angeles Times decision to publish photos of American soldiers with dead Afghan insurgents:
"All violence is wrong, I abhor all violence," he said.
In San Diego, the Dalai Lama is also scheduled to give speeches at the University of San Diego and San Diego State.

Source:  April 18, 2012 Los Angeles Times Local

'Stand Your Ground'

Is "stand your ground" actually relevant to George Zimmerman? In terms of legal defense, maybe not. "Stand your ground" is an expansion on the so-called Castle Doctrine, the right to defend one's homestead. Instead of defending yourself on your own personal property, though, "stand your ground" lets you carry that immunity into public property, which can include places of business, like a bar. Now that the case has moved onto legal turf, the arguments will become accordingly technical: Is this immunity even relevant, or would simple self-defense kick in?

http://news.yahoo.com/blogs/trending-now/y-big-story-zimmerman-arrest-questions-stand-ground-043707411.html

Zimmerman/Trayvon Martin Florida Self Defense Case

Zimmerman turned himself into prosecutors last night and is now facing trial for second degree murder.  He has new a defense attorney and plans on pleading not guilty to hopefully receive bail. The prosecution has different plans however and thinks that Zimmerman's claims of self defense will not be supported in court.  The case is scheduled to go to court today, Thursday April 12, at 1:30 pm.  We will find out soon what will happen to Zimmerman.

http://www.foxnews.com/us/2012/04/11/zimmerman-to-be-charged-by-florida-special-prosecutor-report-says/

Health Care and the Supreme Court

http://www.cnn.com/2012/03/29/us/scotus-health-care/index.html

What are your guy's and girl's view on this subject? They were talking in the article about how the act must be declared void because the individual mandate is unconstitutional and such. So its kind of cool that we can tie what we are learning in class about contracts and void to current news.

Product Liability (McDonalds)

This might be interesting as we talked about Product liability in class last time....

http://voices.yahoo.com/mcdonalds-product-liability-lawsuits-6644390.html

Negligence Claim

http://listverse.com/2009/01/28/top-10-bizarre-or-frivolous-lawsuits/


Looking at Case #1, there is a surprising case involving Negligence. :)

Man Sues For Watching Previews at Theatre

Here is a list of interesting lawsuits including movie theaters.  One includes a man suing for watching previews and another includes a person suing for paying too much for a coke and candy.  Great use of taxpayers money!

http://news.moviefone.com/2012/03/07/movie-theater-lawsuits_n_1327170.html?1331149227&icid=maing-grid7|main5|dl5|sec1_lnk1%26pLid%3D142311

Date and time for Make-up Exam

Several students have not taken the first exam.  Please meet me at my office at 7 A.M., Monday March 12 for the make-up exam.  This is the only date and time available.  Thank you!  Rick Custin

Class On Monday February 27

Hello:  We will have class as scheduled on Monday February 27.   I have received several messages concerning Friday's examination.  I would prefer not to have make-up examinations.  Assuming you will not be able to take the exam as scheduled due to extraordinary circumstances beyond your control, please see me in class on Wednesday to discuss a possible make-up date and time.  Any make-up exam will be substantially different than the exam administered to the class.  Make-up exams do not qualify for any class curve or additional points.  In the past, students have lamented that the make-up examinations are more difficult than the regularly administered exams.  We will review for the examination on Wednesday. 

Arizona SB 1070

This is the piece of legislature that we were discussing in class. I thought it was quite interesting that in section 2 paragraph A, Arizona is immediately saying that we want to enforce this law but are saying something along the lines of 'we don't want to step on the toes of the Federal Government,' and in section 1, they are stating they are not racially profiling, just protecting the best interest of the safety and economic welfare of the people.

This is the document:
http://www.azleg.gov/legtext/49leg/2r/bills/sb1070s.pdf
And this is it written in easier terms:
http://www.azleg.gov/legtext/49leg/2r/summary/s.1070pshs.doc.html

Student heads to court for stealing $2 pumpkin

http://news.yahoo.com/nm-woman-heads-trial-stealing-2-pumpkin-211752808.html

Wouldn't you be upset as a taxpayer in the state of New Mexico after seeing this headline?

Recent Grad Students Suing Law Schools

http://www.businessinsider.com/a-bunch-of-young-lawyers-are-suing-their-law-schools-because-they-dont-have-jobs-2012-2


BROOKLYN LAW SCHOOL IS HIGHLIGHTED IN THIS ARTICLE

http://www.nydailynews.com/news/grads-sue-brooklyn-law-school-charging-school-fudged-employment-stats-article-1.1018685?localLinksEnabled=false

Legal debate about same-Sex marriage in California

http://www.cnn.com/2012/02/07/justice/california-proposition-8/index.html?hpt=hp_c2


I thought this was really interesting, because it relates to Ch. 3 and how the court system in the US works in reference to appeals. 

Spring 2012 Syllabus- Business Law I

University of San Diego
School of Business Administration

ETLW 311 – Business Law I- Sections 4 & 5
Spring 2012

Richard E. Custin, J.D., M.Ed., LL.M.

email: rcustin@sandiego.edu
Olin Hall Office 205

Office Hours- 10 A.M. to 12 P.M. MWF and as arranged
619 260-4854
Class Blog: http://custinusd.blogspot.com/

Course Description:


“Covers the fundamentals of United States law and legal system, relationship of law to ethics, torts, risk management, insurance, and hiring and managing an attorney. Special emphasis is given to preventing legal problems and resolving conflicts in business for business practitioners. Systems and methods of dispute resolution are considered including negotiation, mediation, arbitration, and the U.S. judicial system including small claims court.”

Course Objectives:

Students who complete this course will be able to:

A. To develop a plan for personal and business litigation avoidance
B. To understand the basic functions and jurisdictional requirements of state and federal courts
C. To understand various legal systems including common law and civil law
D. To distinguish between civil, criminal & statutory law, substantive and procedural law
E. To develop and refine critical thinking skills including legal reading, writing and application of law to fact
F. To understand and apply the law of torts, contracts, the Uniform Commercial Code, sales, agency, employment and business transactions
G. To develop strategies to effectively utilize alternative dispute resolution
H. To understand issues involving risk management and insurance
I. To develop effective negotiation strategies
J. To understand, appreciate and apply ethical principles as they relate to business and law





Key topics to be covered this semester are:

The Origin and Application of the Common Law

Criminal & Civil Law

Small Claims Procedure

Selecting an Attorney

Court Jurisdiction: Personal Jurisdiction, Subject Matter Jurisdiction & Venue

The Anatomy of a Civil Lawsuit

Torts: Intentional Torts, Negligence, Strict Liability & Business Torts

Contracts: The Uniform Commercial Code & the Common Law

Ethical Issues in Law

Risk Management & Insurance

Alternative Dispute Resolution: Mediation & Arbitration



Course Materials:
Dynamic Business Law, Kubasek, 2^nd Edition, McGraw Hill, (2011)



Course Requirements and Student Evaluation:

Attendance:

We fully expect that students will attend all scheduled classes. All students will be provided two absences during the Fall Term. Your final cumulative point total may be reduced five points for each absence in excess of two days. Please do not enter the classroom late. Tardiness may count as a class absence. Please note: Students in prior semesters have occasionally ignored the attendance and tardiness rule and have earned poor grades.  You may not attend another section of Business Law I absent extraordinary reasons and upon advance notice to the instructor.

Caveat:

DISCLAIMER: The lectures, discussions, assignments, personal interaction and all educational activity are information and not legal advice.  If you need legal, tax or other professional advice, consult a licensed attorney or other professional.  The instructor is not providing representation to any student.  No attorney client privilege is expressly intended or implied.

Average work in this course will result in a “C’ grade. You must be prepared to discuss the material assigned and the cases contained within. In the event you are unprepared for any class question or case discussion your overall cumulative grade points may be reduced five points for each instance you are unprepared. We need your active participation!  Please do not use phones, text or email during class.  You may use your computer assuming this use is exclusively for taking class notes or using the electronic version of the text.  You must have a text available in each class meeting.

Please provide me with a valid e-mail address. I may contact you via e-mail with information concerning class cancellations, assignments, due dates and supplemental reading. An e-mail message created and sent to you creates a presumption that the e-mail was received and read by you. Therefore, check your e-mail regularly! You may need access to the Internet to complete some assignments.

No make-up examinations will be given absent extraordinary reasons. (ie: major earthquakes-8.0+, tornados, floods- like the “Ark”, impending end of world, and disasters of monstrous proportion) No assignments will be accepted after the announced due date.

Please do not request a specific grade or advise the instructor that you need a grade to maintain a scholarship or for some other reason.  Requesting a grade or attempting to influence the instructor concerning grading constitutes professional misconduct.   

The unauthorized use of cell phones, computers or other electronic devices during an examination may result in your failure on the examination and/or in the course.

Grading:

Scale: A+ 100-97, A 96-92, A-91-90, B+89, B 88-82, B-80-81, C+ 79, C 78-72, C-71-70, D+ 69, D 68-62, D- 61-60, less than 60=F

3 tests = 40%
Multiple choice / Essay

Written Assignments / Case Briefs = 10%

In-Class and Blog Participation = 10%

Final Examination - Comprehensive = 40%



Statement on Academic Integrity:

“All members of the University community share the responsibility for maintaining an environment of academic integrity since academic dishonesty is a threat to the University. Acts of academic dishonesty include: a) unauthorized assistance on an examination; b) falsification or invention of data; c) unauthorized collaboration on an academic exercise; d) plagiarism; e) misappropriation of resource materials; f) any unauthorized access of an instructor's files or computer account; or g) any other serious violation of academic integrity as established by the instructor.”

School of Business Administration Mission Statement:

We develop socially responsible business leaders with a global mindset through academically rigorous, relevant, and values-based education and research.

Tentative Schedule- Subject to Change

Class	Topics	Assignments/Deliverables
Week 1	An Introduction to Dynamic Business Law Common Law v. Civil law The Doctrine of Stare Decisis	Chapter 1
Week 2	Business Ethics & The U.S. Legal System Court Jurisdiction Alternative Dispute Resolution- Mediation & Arbitration The Anatomy of a Lawsuit Small Claims Court Selection of an Attorney	Chapter 2 Chapter 3
Week 3	Constitutional Principles Commerce Clause Art. I Section 8 Bill of Rights	Chapter 5 Quiz # 1
Week 4	Tort Law:	Chapter 8
Week 5	Negligence: Duty, Breach, Causation & Damages Strict Liability	Chapter 9
Weeks 6	Product Liability Defective or Unreasonably Dangerous Products Defenses: Warnings, Misuse & Assumption of Risk	Chapter 10 Quiz # 2
Week 7	Introduction to Contracts Valid, Void, Voidable & Unenforcable Agreements Uniform Commercial Code Articles 2 & 2A	Chapter 13
Week 8	Agreement	Chapter 14
Week 9	Consideration	Chapter 15
Week 10	Capacity & Legality	Chapter 16
Week 11	Legal Assent Contracts in Writing Statute of Frauds Parol Evidence Rule	Chapter 17 Chapter 18
Week 12	Third-Party Rights to Contracts Third- Party Beneficiary Contracts Assignment of Rights Delegation of Duties Discharge and Remedies	Chapter 19 Chapter 20 Quiz # 3
Week 13	Introduction to Sales and Lease Contracts Contracts for the Sale of International Goods (CISG) Central Themes Under the UCC including good faith & Contract Formation A Foundation for future study in Business Law II	Chapter 21
Week 14	Insurance Law Practical Considerations for Personal & Business Insurance Insurable Interest	Chapter 51 Comprehensive Final Examination