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Jerry Seinfeld Case

From "Yada yada:  She wants her money.  Jerry faces real estate suit," by Helen Peterson of the New York Daily News, April 30, 2005.

A lawsuit filed in Manhattan Supreme Court claims that Jerry Seinfeld and his wife illegally deprived real estate broker, Tamara Cohen, out of a $117,000 commission.  The broker claimed she spent months showing properties to a Seinfeld representative, including a property that Seinfeld bought for $3.9 million.  Seinfeld and his wife offered tocompensate Cohen for her time, but much less than her regular commission.  According to news sources, Seinfeld and his wife wanted to see the property, but when they tried to contact Cohen over several days, they couldn't reach her.  They went to see the property without her and made a deal with the owners.  Cohen claims she could not contact the Seinfelds for religious reasons, because it was the Sabbath and she is an observant Jew.  The lawsuit accused Seinfeld of breach of contract and fraud.

Assignment:

1.  If the realtor originally showed the property to Seinfeld's representative, is she entitled to the commission?

2.  Did the realtor live up to her contractual obligations to the Seinfelds?  Why or Why not?

3.  On what basis could there be a claim of fraud against the Seinfelds?

4.  Does religious observance provide an excuse for the realtor to be unavailable? Explain

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Read the article on the website, summary and  then answer the questions.  No special formats what so ever really just answer the questions.

Article 

http://www.cnn.com/2013/03/22/opinion/sutter-employment-discrimination-lgbt/


Summary

Andre Cooley a 27 year old male who lives in Mississippi and works for forest county sheriff’s office was fired after the revealing fact that he was gay. Mississippi is one of the 29 states that it is legal to fire an employee for being gay. Andre hide the fact he was gay by changing his tone of voice and not using his normal hand gestures. Until one day when he had to call the police on June 14, 2010 when his boyfriend became violent and he need to call the police. When his colleague responded to the call, which lead to his boss finding out his sexual orientation. Three days later he was terminated. His boss told him “From one day to the next you can have the best life, and at any point it can be taken away, just on the fact that you’re gay.” But his boss lied and said he didn’t fire him because of his sexual orientation but it was about the call of domestic dispute.

The National debate about gay rights is that the federal laws protects works from being discriminated against. But not sexual orientation or gender identity.


Questions for classmates

1. Do you think that it is fair that Mississippi and 29 other states have that law in place even though it is against your civil rights?

2. Should being fired apply to a situation that happens when you are off duty?

3. Do you think the Federal Employment Law should reevaluate the discrimination law regarding sexual orientation and gender identity? And in your opinion do you think this would make a difference?

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Hostess Bakery Bankruptcy Case

Hostess, an 82-year-old company that is one of the largest wholesale producers of bread and snack cakes that is headquartered in Irving, Texas, decided to seek liquidation under Chapter 7 bankruptcy.  This would result in almost 18,500 employees losing their jobs. In November, 2012, the company stopped its operations at its 33 plants in the United States.  The company blamed its large debt load and expensive labor costs and pension benefits for its dire situation.
Members of the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union (BCTGM), went on strike on November 9, 2012, and, that, the company claimed, was the final straw that crashed the company.  The strike was precipitated by the company carrying out an 8% pay cut and a 20% increase in employee healthcare costs. Even though the union and workers had previously made concessions over the years, the company wanted more cuts.  The unions claimed that the company was not serious about growing the company, but was more interested in making money for its owners, several private equity funds and hedge funds; the kind of owners sometimes derided as “vulture capitalists.” 
Things to consider in making your Discussion Posts:
1.        Who, if anyone, is responsible for the demise of Hostess?
2.        Should the government have come in and taken over the company?
3.        Are so-called vulture capitalists a benefit or detriment to society?
4.        What has become of Hostess?  Who bought the company?
5.          Did the employees get back their jobs?

Please read the article and decide which policy you believe to be the best in terms of:  recognizing employees' right to speak AND recognizing employers' desire to maintain a positive public presence.  Which policy best balances both of those?  Why?  If you were a business owner, or an HR professional, which policy would you prefer to implement?  Why?

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Prepare a report  outlining a strategy to minimise our legal risks for the future and to avoid a repetition if this problem. 

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Excluding the Bill of Rights, what has been the most important amendment to the US Constitution and why? Provide its background and influence on the United States. 

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Explain the NTSB Party Process and how it assists the NTSB in the investigative process. Detail the limits, specifications, and reasons behind the process.

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Instructions for writing the paper

Many of the states having been adding law that makes same sex marriage legal. (Indiana is not one of them.) Not all businesses in the wedding industry are embracing the idea of assisting gay and lesbian couples in arranging their wedding ceremonies, however. READ THE ATTACH ARTICLE  that was featured in the Wall Street Journal and identify and discuss the ethical dilemmas surrounding this subject. 

An ethical dilemma is something that people have different ideas on its “rightness” or “wrongness.” For instance, if the assignment was to discuss stem cell research, you would have to discuss the pros and cons surrounding abortion (fetal stem cells are still among the richest), as well as whether it is alright to experiment on human beings at all.


This paper is NOT about your particular opinion; after all, your opinion is your own to keep. The paper IS an exercise in learning to think outside the box, and becoming able to empathize and sympathize with others and their views. The more ethical dilemmas you can identify and discuss, the better your grade for the paper’s content will be.


You must write a minimum of 800 words on the topic. Besides identifying and discussing ethical dilemmas you should also apply the ethical theories (duty-based and outcomes-based) and social responsibility theories (stockholder and stakeholder) to the situations. Grammar, spelling and the appropriate use of citations/references (you will have at least one)will be graded. You should use the APA style of writing.

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Answer the 6 questions using Ontario Law Canada.

1.Explain the authority that allows the police to search your residence?

2.If you are employed as a uniformed police constable and you arrested Sam Stealer for being in Possession of Property Obtained by Crime for having a stolen car in his possession that has a value of $12,000.00, does the officer have to release Sam?
Explain your answer.

3.Explain what your rights are when you are arrested?


4.State under what circumstances the police can search your person?



5.What are the basic reasons for an arrest?


6.You are employed as a police officer working for York Regional Police. You arrest an adult, Samuel Stealer at Sunrise Records, Upper Canada Mall, Newmarket, Ontario for “Theft Under $5000.00”. You determine that RICE is fulfilled.
“RICE” represents the following:
No reasonable grounds of repetition of any offence will occur
Correct identity of the accused has been established
No reasonable grounds that the accused will fail to appear in court and
E vidence regarding the offence (arrested for) has been secured or preserved.
Explain your answers. A yes or no answer is not acceptable. You must explain why you can or cannot do the actions listed above.

a. Explain if you are required to release Samuel Stealer from your custody?
b. Explain if you are you able to release Sam by using an Appearance Notice at the scene?
c. Explain if you can or cannot serve a criminal summons to Samuel at the scene?
D .Are you allowed to release Samuel with the intention of serving him with a criminal summons at a later date?
e. As a police officer do you have the discretionary authority to release Samuel without conditions?

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Please answer the following questions:

1. What is meant by matters of public concern and what is the significance of this phrase in First Amendment issues? Include within your response one court case that made the distinction between speech involving public concern and grievances regarding internal personnel matters.

2. Discuss the rationale behind academic freedom being a limited concept in public schools and the implications for introducing subject matter into classroom discussion?

3. What restrictions if any may be placed on teachers who run for public office, engage in political activities, and participate in political campaigns?

4. What is the significance of the court’s ruling in the East Hartford case regarding dress? As a follow up to a response to the question, from the reading, list the most that the courts will uphold relative to public school personnel dress and grooming.

5. Discuss privacy rights of teachers/other school personnel and the suggested implications for school leaders.

6. Illustrate by example the application of disparate treatment and disparate impact regarding employment discrimination. Provide an operational example of each one. (Be specific.) 

7. Discuss the remedies available for proof of discrimination under Title VII. 

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Landlord rights and duties
Landlord rewards, risks and responsibilities
Advantages and disadvantages of owing rental property
In your own words, using proper grammar, spelling, and punctuation, please answer the following questions:

What are the rewards, risks, and responsibilities of becoming a landlord?
Compare the benefits and the disadvantages of owning rental property.
What are the rights and duties of a landlord?

Questions And Topics We Can Help You To Answer

1. How is X-ray photography used by forensic firearms examiners?
   
   2. What is stellate tearing? What does its presence tell investigators?
   
   3. GSR retention is a concern for investigators. How can GSR be preserved on the skin? Clothing?
   
   4. Trace metal detection can be used to determine if the suspect handled a firearm; however other objects will give a positive reaction as well. Discuss these concerns.
   
   Each response should be a minimum of 220 words, written in APA format and include at least three references.