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BUS 404 Final Group Research Assignments Exam Q’s and A’s
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BUS 404 Final Group Research Assignments Exam Q’s and A’s
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BUS 404 Final Group ResearchAssignments Exam Q’s and A’s
Explain COVID 19 and Essential Workers at America's Meat Processing Plans -
-Positive correlation between COVID-19 and the presence of a meat
processing plant; Iowa governor said those that didn't go back to work
"voluntarily quit" and wouldn't be given unemployment; OSHA (Occupational
Safety and Health admin), CDC, and USDA allowed the plants to stay open;
Tyson farms had 60% of employees contract COVID
==> OSHA failed the plant workers by allowing them to stay open
-Heart of Atlanta Motel v. United States - -Heart of Atlanta Motel refused to
rent rooms to black people;
Question: Whether congress had the authority under the commerce clause to
enforce the Civil Rights Act of 1964
Heart of Atlanta said the Civil Rights Act would violate his fifth amendment
due process clause, 13th amendment prohibition of servitude clause, the the
motel owner's first amendment right to freedom of association
Result: Congress was able to impose Civil Rights Act as the commerce clause
gave congress the ability to regulate the activities of business that had an
effect on interstate commerce (hotel was a popular attraction for interstate
travelers)
-Tennessee Wine and Spirits Retailers Association v. Tennessee Alcoholic
Beverage Commission - -TN wasn't allowing out-of-state sellers to sell in-
state without being a resident for 2 years; Outside sellers said that was
unfair under privileges and immunities and impacted interstate commerce;
therefore, it also violated the dormant commerce clause
==> dormant commerce clause: prevents against states passing a law that
burdens interstate commerce
-Do you think the NCAA rules governing sports recruiting should be
deregulated or "re-regulated" towards best practices as suggested by Coach
Fitzgerald? - -Over regulation would restrict the communication powers of
recruiters in the org; too little would create an unprofessional setting; "re-
regulation" would help establish a uniform set of rules.
-In raising children of high school age, do you favor a parental approach
involving heavy reliance on rules or a more deregulated free market
approach? - -Balance
, -Using 19th-20th C American economic history, explain Schlesinger's claim
corporate interests are the primary cause of big government. - -Schlesinger
believes the two entities are direct adversaries; without big government,
corps would regulate the law and societal rules as much as they liked; corps
spend immense amounts on lobbying
-TN and SC v FCC - -FCC cannot lawfully preempt state law as the language
in in section 706 of the TeleCommunication Act does not expressly state that
the FCC has this kind of power over state law.
-Santa Clara County v Southern Pacific Railroad - -Taxed extra because of
fences on the property. SPR argued that this was unfair bc taxes should be
assessed by the country, not the State of CA. A new tax code also prevented
railroads from deducting mortgages and since corporation are "people"
unconstitutional to be treated differently under the Equal Protection Clause
of the 14th amendment.
Ruling: State made an error including the fences in the taxes and the county,
not the state, had jurisdiction.
==> Since the taxes were void, didn't even need to argue over the 14th
amendment; yet, was used as precedent even; corps aren't people under the
constitution but they are under case law
-Shlensky v. Wrigley - -Shlensky was minority owner of the cubs and
Wrigley was 80% owner. Schelnsky sues director of cubs for mismanagement
and negligence for not putting lights on the field; Wrigley said no bc he says
baseball is a daytime sport and the lights would affect the neighborhood.
Cubs were suffering losses and Shlensky noted it was bc of not having night
games; Wrigley said that since he's majority stockholder, he makes the
decisions; Shlensky lost as directors are elected for their business judgement
(duty of care to the neighborhood)
-Marchard v. Barnhill - -Shareholder derivative suit against Blue Bell
Creameries for breach of duty of care with a listeria outbreak in their
factories; used Caremark as past legislation to argue that boards need to act
in good faith for duty of care; doing so breaches duty of loyalty of fiduciaries;
Bad faith established as no board committee was established for food safety;
Marchand (shareholder) won for breach of duty of loyalty against the Blue
Bell directors
-Charles B. Wolfe v. United States - -Wolfe owned a tractor trailers corp and
a sole proprietorship trucking business. Wolfe's corp failed to pay corp taxes
and IRS initiated a collection of Wolfe's assets which Wolfe claimed was
incorrect and wrongly pierced the corporate veil and should have used the
corp's assets
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