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The Decision For Us Federal Antitrust Law
In seeking to understand the Supreme Court's judgement in Leegin, two questions immediately
come to mind. Firstly, why would the manufacturer seek to establish a minimum retail price for its
product? Secondly, what are the consequences for consumer welfare, if the manufacturer succeeds
in maintaining a higher retail price?. The first part of this paper attempts to answer these questions
whilst deliberating on the majority and minority judgements of the US Supreme Court in Leegin and
the significance of the decision for US federal antitrust law. The second part of this paper compares
the US Federal and EU approaches to RPM. Several economic theories postulate enhanced
consumer welfare as a reason why a manufacturer might endorse a policy ... Show more content on
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The economic logic of RPM is to redirect retailers' competitive activities from prices to customer
service. Factors such as price, quality, design and customer service on the part of retailers affect the
demand for differentiated consumer goods. Therefore, by assuring resellers that they will not face
discount price competition from other resellers of the same brand, minimum RPM agreements
encourage retailers to invest in services or promotional efforts to sell that brand against competing
brands. So although RPM may diminish intra–brand price competition among retailers selling the
same brand, Grimes argues that it compensates for this by enhancing inter–brand competition
between retailers as a result of the increase in intra–brand service competition . Affirming this
theory, the Supreme Court recognized in Continental TV that, "when inter–brand competition
exists......, it provides a significant check on the exploitation of inter–brand market power because of
the ability of consumers to substitute a different brand of the same product" . Mathewson and Winter
suggest that increased consumer demand due to enhanced retail services , elicited through a
protected retail margin, will more than offset a negative impact on demand of a higher retail price.
Thus, RPM allows manufacturer to influence the supply of retail service by controlling its retailers'
margins, thereby using retail service as an instrument of inter–brand competition. This
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The History Of Media Shield Laws
This paper will discuss the history of media shield laws in the U.S. and Hawaii. It will argue the
pros and cons of the need and importance of such shield laws in Hawaii to help enhance the First
Amendment. According to the West 's Encyclopedia of American Law (n.d.) shield laws are statues
that "make communications between news reporters and informants confidential and privileged,
freeing journalists of the obligation to testify about them in court." The encyclopedia compares this
to a doctor–patient, lawyer–client or priest–parishioner privilege. Where these laws are in action,
journalists are free to protect their sources. If subpoenaed by a state court, journalists are free to
refuse to give up their confidential sources or unpublished material. This makes it easier for
journalists to report on a broad variety of topics, but these laws are also controversial because they
challenge the government interests when it comes to bringing criminals to justice (Shield Laws,
n.d.). Research shows that Hawaii used to have a shield law – the best in the country according to
several people – but it was overturned in 2013. Today, 49 states and the District of Colombia have
implemented shield laws of different variation of protection (Riker, 2015). At the same time, there
does not exist any media shield laws at the federal level (Shield Laws 101, n.d.). History of Shield
Laws The first documented case of the need for shield laws for journalists found place in 1848. A
journalist was
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Antitrust Laws And The Federal Branch Of The United States...
The role of antitrust laws has been the subject of numerous publications that have attempted to
provide a precise set of reasons and inspirations for their creation. However, there are still many
schools of thought on the subject and much debate over the effectiveness and legitimate
implementation of these laws. This paper analyzes the three main antitrust laws that the federal
branch of the United States government uses to try to restrict monopolies. This paper also looks at
antitrust laws in the modern business environment, and attempts to relay the information in a
manner that a newcomer to the subject will understand the concept as it relates to modern
technology and business practices. The findings of this paper indicate that the topic of antitrust laws
is more complex than many believe and, depending on the position of the person affected by
monopolies, the sentiment ranges widely.
Antitrust Laws The main purpose of antitrust laws is to promote competition in the markets by
preventing monopolies. They also protect consumers and other businesses from unfair business
practices and collusion among companies. The thought behind this is that consumers are hurt when
monopolies exist because they have fewer choices, the price is likely to be higher, and the services
being provided may not be very good. Turmoil in the national economy during the 1870's and 1880's
necessitated the development of trust that would stabilize individual industries. This would later
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The United States Antitrust Laws
INTRODUCTION Through the course of this paper I will introduce and discuss the history of the
movement towards an actively and engaged antitrust legislation. I will also identify the original and
early antitrust laws and how they have influenced the economy, as we know it today. Upon the
completion of this paper you will understand who was set to benefit (gain) from anti legislation and
who loses under the intentions of the antitrust laws today and in the past.
LITERATURE REVIEW The United States antitrust legislation is a legislation designed to break up
and prevent the formation of new monopolies to increase competition and societal welfare. Thus the
United State Antitrust law is a collection of both state and federal government laws enacted to
promote fair competition in the economy. The antitrust laws main statutes consist of the Sherman
Act of 1890, the Clayton Act of 1914 and the Federal Trade Commission Act of 1914. In
combination these acts have enforced the proper rules and regulations that businesses must conform
to today to ensure that there is a healthy competition within the economy to not only the benefit of
the consumers who utilize these services and goods but for the health of the businesses who make
up our market industries. While Rockefeller's Standard Oil is a well known example of an early
monopoly a few other examples of early monopolistic companies are known as The Whisky Trust,
and the Tobacco Trust, Sugar Trust and J.P. Morgan's U.S. Steel
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Cross 9e TBB Ch27
Chapter 27 Antitrust Law N.B.: TYPE indicates that a question is new, modified, or unchanged, as
follows. N A question new to this edition of the Test Bank. + A question modified from the previous
edition of the Test Bank. = A question included in the previous edition of the Test Bank.
TRUE/FALSE QUESTIONS 1. The purpose of antitrust law is to reduce competition. ANSWER: F
PAGES: Introduction TYPE: N BUSPROG: Analytic AICPA: BB–Legal 2. Any activity that
substantially affects interstate commerce falls outside the scope of antitrust laws. ANSWER: F
PAGES: Section 1 TYPE: N BUSPROG: Analytic AICPA: BB–Legal 3. Market power is the ability
of a firm to enter a given market. ANSWER: F PAGES: Section 1 TYPE: N BUSPROG: ... Show
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a federal trade commission act. b. an antitrust law. c. an interstate commerce act. d. a suppressive
restraint on trade. ANSWER: B PAGES: Introduction TYPE: = BUSPROG: Reflective AICPA: BB–
Legal 2. Discount Retail Corporation may be engaging in conduct that vio­
lates the Sherman Act. To
bring an action against the firm requires that its conduct have a sig­
nificant impact on a. international
commerce. b. Internet commerce. c. interstate commerce. d. intrastate commerce. ANSWER: C
PAGES: Section 1 TYPE: = BUSPROG: Reflective AICPA: BB–Legal 3. Soft Drink Corporation is
charged with violating the Sherman Act through conduct subject to the rule of reason. When
applying the rule of reason in this situation, a court will not consider a. the purpose of the
agreement. b. the parties' market ability to implement the agreement. c. the effect of the agreement
on international trade. d. the potential effect of the agreement on competition. ANSWER: C PAGES:
Section 1 TYPE: N BUSPROG: Reflective AICPA: BB–Legal Fact Pattern 27–1 (Questions 4–5
apply) Natural Gas, Inc., and Olio Energy Company refine and sell natural gas. To limit the supply
of natural gas on the market and thereby raise prices, Natural Gas and Olio Energy agree to buy
"excess" supplies from dealers and "dispose" of it. 4. Refer to Fact Pattern 27–1. The agreement
between Natural Gas and Olio Energy is a. a horizontal restraint. b. none of the choices. c. a resale
price maintenance
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U.s. Government And Privacy Issues
Shawn Lusk
CCR 092
Wanda Weldon
11 Nov 2014
The U.S Government & Privacy Issues
The American government exploits privacy for the purpose of looking for clandestine terrorists. This
affects all the citizens that log in, and post updates on a daily basis, when in actuality a piece of their
privacy is being sent to the United States Government. The US government has a very powerful and
watchful eye, within the borders of the nation and the rest of the world. Privacy issues are no
obstacle for Big Brother (U.S. Govt.). Privacy affects many facets of our daily lives; lesser things
have sparked revolutions in the past. Privacy should be the central focusing topic for the public in
this data age for all citizens of the world. Whenever citizens of America, or the world for that matter,
log in to their computers, they do not realize the U.S. Government is compromising their very
privacy.
Prior to the September 11th terrorist attacks of 2001 there was not a lot of surveillance being
conducted on citizens of the world or to the magnitude of which we now see these days. Homeland
Security, an entity of the U.S. Government, has been given vast and broad powers from the white
house, congress, and the senate, as well as the National Security Agency (NSA). The NSA's primary
mission after 9/11 is to defend the United States of America, so their main mission is to intercept
and thwart attacks from enemy's bent upon causing mass destruction to the infrastructure of
America, and
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Business Law Essay
Individual Role and Functions of Law Paper | Resource: Case Brief Cipollone v. Liggett Group, Inc.,
et al. in Ch. 2, section 2–6, "Commerce Powers," of the textWrite a 700– to 1,050–word paper in
which you define the functions and role of law in business and society. Discuss the functions and
role of law in your past or present job or industry. Properly cite at least two references from your
reading. Format your paper consistent with APA guidelines. | Role and Function of Law Laws are as
ancient as civilization. They are necessary for the common good and for the welfare of society.
Black's Law Dictionary, as quoted by Melvin (2012), defines law as a "body of rules of action or
conduct prescribed by controlling authority, and ... Show more content on Helpwriting.net ...
uphold a law requiring most Americans to have health insurance By ruling that the individual
mandate was permissible as a tax, They gave Congress the power to regulate commerce, not to
compel it http://www.supremecourt.gov/opinions/11pdf/11–393c3a2.pdf 2012 John Roberts
Congress already possesses expansive power to regulate what people do. Upholding the Affordable
Care Act under the Commerce Clause would give Congress the same license to regulate what people
do not do. http://www.law.cornell.edu/wex/commerce_clause No date Commerce clause The
Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives
Congress the power "to regulate commerce with foreign nations, and among the several states, and
with the Indian tribes." The Constitution enumerates certain powers for the federal government; the
Tenth Amendment provides that any powers that are not enumerated in the Constitution are reserved
for the states. Congress has often used the Commerce Clause to justify exercising legislative power
over the activities of states and their citizens, leading to significant and ongoing controversy
regarding the balance of power between the federal government and the states. The Commerce
Clause has historically been viewed as both a grant of congressional authority and as a restriction on
states' powers to regulate. The "dormant" Commerce Clause refers to the prohibition, implied in the
Commerce Clause, against states
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Merger Of Telecommunications Companies : At & T And T Mobile
This paper will examine the proposed merger of two telecommunications companies: AT&T and T–
Mobile. The purpose is to determine whether such a merger would be in the best interest of the
telecommunications industry, as well as the consumers served by the industry. In order to adequately
understand the environment contemplated by such a merger, this paper will examine the history of
antitrust laws in the United States; with particular focus on the monopolies serving as a template for
what would happen should the merger occur. Finally, the paper will make an assertion as to the
advisedness of such a merger and provide evidence to support that assertion.
"Keep Them Separate" – The AT&T/T–Mobile Merger
"When competition exists, consumers win. It drives innovation, investment and economic benefits"
(Wheeler, 2016). Scarcely a month ago, Tom Wheeler, the chairman of the Federal Communications
Commission (FCC), made that statement as part of prepared remarks delivered to the Competitive
Carriers Association at its convention in Seattle, Washington.
Given the mission of the Competitive Carriers Association, one could infer that Chairman Wheeler
was, indeed, "preaching to the choir." The organization is the special interest group representing
regional and national "competitive wireless carriers and their stakeholders" (Competitive Carriers
Association, 2011). The Competitive Carriers Association began with regional, small carriers that
have always feared being crushed by the "big
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The Antitrust Laws Are Really Competition Laws That Are...
Abdurhman Alsadi Prof. Joshua Long Exam #3 04/14/2016 Question #1 The antitrust laws are
basically competition laws that are aimed at protecting the consumers from predatory businesses out
who may be out to defraud consumer and to limit the practice of free and fair competition in the
market. The major objective of these laws was majorly meant to curb business practise vices such as
price–fixing, bid–rigging, and market allocations. In USA, the antitrust law is cascade into two
major categories, the federal antitrust laws, and state antitrust laws. The first antitrust law in USA
was the Sherman Act of 1890. This law mainly address the "unreasonable restraints of trade" which
are perceived to be monopolizing with foreign entities and restraint of businesses from operations in
the form of contracts and conspiracies in business combinations. The second major antitrust law is
the Clayton Act brought in 1914 which widened the scope of the Sherman Act for include
impermissible activities such as price discrimination between different purchasers if such
discrimination tend to create a monopoly; exclusive dealing agreements, tying arrangements, and
mergers and acquisitions that substantially reduce market competition. The third major antitrust law
were the Robinson–Patman Act of 1936. This came as an amendment to the Clayton Act, which
aimed at outlawing certain practices where manufacturers discriminated in price between equally
situated distributors to decrease competition. The
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Case Study On Hockey India
instrument to the cause of preserving the integrity of the sport, and aspiring for its orderly
development. It further went on to state that the measures implemented by the consortium under its
pyramid structure were not unconditionally inherent and proportionate to the achievements of purely
sporting objectives. In fact, the CCI read a strong commercial dimension into the conduct of the
board. While some may argue that this case lacks the balancing of rights perspective that was
employed in the Hockey India judgment, it would also, perhaps, not be altogether misguided to
prefer the Hockey India judgment to have progressed on the lines of the BCCI case. With a firm
recommendation to revamp the core structure of its organisation such that clashes between its
regulatory and organisational powers cease to be a regular feature, the CCI liberated Hockey India
of the charges levelled against it. Directing the institution of a rationalised and transparent system to
supervise the promulgation of NOCs, the CCI relied on an ... Show more content on Helpwriting.net
...
The stance of the CCI does appear to be rather implausible, especially as it dismisses the arguments
to the alternative citing the lack of evidence that effectively corroborates that Hockey India
deliberately acted against the players who wished to participate in the league. Moreover, it is
pertinent to note that within a year of the alleged anti–competitive policies being drawn up by
Hockey India, its proposal for a rival league was released. Hence, to absolve the body for inclusion
of commercial aspects in its practices might hardly be the way to proceed. In addition, while the
CoC Agreement did not explicitly enjoin the freedom of players to participate in the World Series
Hockey League, it certainly served as a sheer
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The Government Places Emphasis On Freedom
Brandon Lee Mrs. Haedtler American Literature Period 4 21 November 2014 iSearch The
government places emphasis on "freedom" in America, in face of evidence that presents the
deceptiveness of our dignitary. Although the word "freedom" lies between our country's documents
and beliefs, the NSA (National Security Agency) tramples what took years of bloodshed and
development to circumvent its citizen's privacy through surveillance. According to
internetworldstats, 13% of American citizens don't use the internet, meaning that 87% of our
population is at risk of surveillance. Therefore, the US Government should tighten laws to restrict or
stop NSA surveillance on the public. Edward Snowden, a former NSA contractor, is a hero in the
eyes of ... Show more content on Helpwriting.net ...
"I 'm willing to sacrifice [my former life] because I can 't in good conscience allow the U.S.
government to destroy privacy, internet freedom and basic liberties for people around the world with
this massive surveillance machine they 're secretly building" (Snowden). While some people feel
Snowden should amend for his wrongdoings, others view Snowden as a hero. Although Snowden's
act may have hurt the economy and created skepticism overseas and domestically, he continues to
fight this cyberwar to end unlawful surveillance. NSA Surveillance hurts the economy because
many people are skeptical about the online services. Users fear that these online services would
allow surveillance of their private information. According to Kim Zetter, a senior staff reporter who
specializes in cybercrime, privacy, and securtity, "NSA surveillance causes economic losses to US
businesses due to lost sales and declining customer trust" (Zetter). Daily workflow in modern
society is reliant on online services. Goods are now bought through services such as Amazon or
Alibaba, where customers input their credit information, name, and address. The NSA has access to
this information, which could be used against the user. The NSA takes advantage of technology
being sent overseas by "intercepting products that U.S. Companies send to customers" (Zetter) and
installing "spy equipment in them before they reach the customer"
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Texas : A Long History Of Conflict With The Federal...
Texas has a long history of conflict with the federal government over laws and policies, particularly
when dealing with environmental, social, and educational issues. Texas has conservative right–wing
views and has been in conflict more often with the federal government since President Obama has
been in office. The dilemma generally arises from a clash in opposing political and social views.
One major issue that has arisen in over the course of the last two years has been a battle over
funding for Planned Parenthood. Although the courts have deemed that this quarrel is not about
abortion rights or access to abortion, the truth of the matter is that it really is. Texas leaders are
against abortion and are trying to skirt federal law that allows abortion by imposing their personal
agenda opposing abortion or anything that seemingly supports abortion on the Texas people. The
problem is that in the midst of this chaos, low–income women of Texas are the ones who are
suffering through the loss of basic and preventative healthcare.
Texas, working in conjunction with the federal government, in 2005 created the Medicaid Women's
Health Program (WHP) under the senate bill 747 and house bill 2663 of the 79th Legislature,
executed and overseen by the Health and Human Services Commission (Planned Parenthood). This
program allocated funds for low–income women's healthcare for a duration of five years. The
program began on January 1, 2007. For every dollar spent by the state, the federal
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Ncaa Athletics : Management 490
NCAAAthletics
Management 490
Wisam AbuKamleh
November 16, 2016
" If excellence is achieved in the form of execution and performance, winning will frequently
follow" Robert C Schneider
NCAA is the National Collegiate Association. This organization is a non–profit. Its primary goal is
to look over the well–being and strives for achievement from the athletes. Just like other
organization NCAA has guidelines that the student body has to get as members. To be apart of the
organization the potential member has to fill out an application (U.S. students it cost them $70 and
non U.S. citizens $120). They have to answers a series of questions and pass a physical test. They
have three divisions. Only 2% of high school students who apply actually get accepted. It has shown
in their statistics that more athletic students who are apart of this organization had graduated in the
student body than others. Upon acceptance all athletes shall be certified as amateurs.
What is the NCAA being accused of? They are notwithstanding the Antitrust Act. In the 1890s the
Sherman Antitrust Act passed. This act prohibits agreements in restraints of trade and abuse of
monopoly power. The question at hand is their amateurs policy. Here are the guideline for this
policy to be apart and remain eligible they can not do the following:
Contracts with professional teams
Salary for participating in athletics
Prize money above actual and necessary expenses
Play with professionals
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Antitrust Laws Of The Sherman Act And The Ftc Act
A preliminary question is what are antitrust laws? They are a series of laws designed to protect
competition in the marketplace. Antitrust laws prevent restrains of trade or commerce. Black's Law
Dictionary defines antitrust laws as "[t]he body of law designed to protect trade and commerce from
restraints, monopolies, price–fixing, and price discrimination." The main law regulating antitrust is
the Sherman Antitrust Act, which makes it illegal for individuals or groups to restrain trade or
commerce. Besides the Sherman Act, the other law that factors into Dental Examiners is the Federal
Trade Commission Act, which prohibits any "[u]nfair methods of competition." This law serves as
the basis for the majority of Federal Trade ... Show more content on Helpwriting.net ...
What is the goal of antitrust liability? Antitrust laws are designed to protect competition in markets.
Early in the nation's history, there was widespread fear of the dangers of monopolies and other
restrictions on competition. In 1890, Congress passed the Sherman Antitrust Act in order to prevent
limits on competition caused by private parties. Thus the main goal of antitrust law is to preserve
"economic freedom" and a "free–enterprise system." Specifically, it attempts to preserve "the
freedom to compete" for businesses. In a practical sense, antitrust laws are seeking to prevent
burdens on competition in the marketplace.
When Are States Immune from Antitrust Liability?
To understand antitrust immunity, one must understand the different tests the United States Supreme
Court has applied to state's agencies and boards to determine immunity. Courts largely use two tests
to determine whether an entity has immunity from antitrust laws. Both tests provide the same
immunity, but they require the entity seeking the immunity to prove different requirements. The first
test is the sovereign actor test, and it provides immunity to state actors using sovereign power. The
second test, known as the Midcal test, asks whether the entity seeking immunity is following a
clearly articulated state policy, and whether the entity is actively supervised by the state. Both of
these tests are
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The Essential Facilities Doctrine
SCHOOL of LAW, CHRIST UNIVERSITY
BANGALORE.
Understanding of Essential Facilities Doctrine in the light of the case of (MCI Commc'ns Corp. v.
AT&T), 708 F.2d 1081 (7th Cir.), cert. denied, 464 U.S. 891 (1983).
Bharat Jumrani 1016164 BA LLB (B)
Contents
1) Abstract.
2) ... Show more content on Helpwriting.net ...
To deal with such behaviours and to have a check on the different entities, we have this essential
facilities doctrine, which helps to curb anti–competitive practices and ultimately leads to beneficial
of the consumers.
Aims and objectives
The main aims and objectives of this paper is to highlight the concept of the essential facilities
doctrine and its scope and applicability in different cases taken by the courts.
Research Questions:
1. What is essential facilities doctrine??
2. What is the scope of essential facility doctrine??
3. The applicability of the essential facility doctrine in (MCI Commc'ns Corp. v. AT&T), 708 F.2d
1081 (7th Cir.), cert. denied, 464 U.S. 891 (1983).??
Scope and Research Methodology: This is a doctrinal research wherein the major premise of the
information and all the data collection will have its bases from texts, law journals, case laws,
research papers, encyclopaedias, e–sources etc, and eventually to navigate the conclusions and
suggestions on the aforesaid study.
A Brief History: Essential Facilities
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Case Study: Chevron Vs The Laclede Group
Chevron Vs The Laclede Group In term of creation the record, Chevron requires that internal
controls be in place and functioning and that accurate and complete transaction records be kept
within the Company. Their standard language for procurement contracts includes a requirement for
their suppliers and contractors to comply with all applicable laws and keep accurate books and
records. Where appropriate, they procurement contracts contain specific commitments. Fair and
accurate books and records are essential for managing Chevron's business and maintaining the
accuracy and integrity of the Company's financial reporting and disclosure. But, in The Laclede
Group the company executive, officer and department head is responsible for accurately ... Show
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Any attempt to conceal or misstate information in Company records is a serious offense and may
result in disciplinary action and criminal prosecution. Each of them is responsible for reporting any
suspected violations of the Company's accounting policies and procedures. They should report any
suspected violation of these policies to their manager or supervisor, the Corporate Audit department
or the Chevron Hotline. Laclede Group says that as a good corporate citizen, the Company seeks to
comply with all applicable laws, including fair competition and antitrust laws. The most common
antitrust violations of which they should be aware involve agreements, written or oral, formal or
informal, with competitors, customers or suppliers that unreasonably restrain competition. Thus,
they should not discuss or make any agreements or understandings with competitors about prices to
be charged, territorial boundaries or market share, except for Laclede Gas Company's tariff rates
filed with the Missouri Public Service Commission. Antitrust laws are complex and can be difficult
to
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The Company Of Free Enterprise And Market Competition
The foundation of the United States economy is the foundation of free enterprise and market
competition. The competitive market allows consumers to benefit from price reductions, increasing
quality, and allowing consumers the freedom of choice. These ideas of free enterprise and market
competition are so crucial that they are protected by Congressional antitrust laws. As the Supreme
Court has explained, "Antitrust laws in general, and the Sherman Act in particular, are the Magna
Carta of free enterprise. They are as important to the preservation of economic freedom and our
free–enterprise system as the Bill of Rights is to the protection of our fundamental personal
freedoms." (Harris, pg. 197, 2014) The healthcare industry is incredibly ... Show more content on
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(Harris, pg. 214–217, 2014) The question is that can Dr. Stuart state a valid claim against the doctors
at General for their denial of her privileges under a three requirements of Section 1 of the Sherman
Act? Do the providers at General have a defense against Dr. Stuart's denial of privileges within the
restrictions of Section 1 of the Sherman Act? Furthermore, does Dr. Stuart have a valid claim against
the collaboration and coercions of General and Happy within Section 1 of the Sherman Act? Any
application of Section 1 antitrust legislation must violate all three claims: proof of conspiracy,
restraint of trade, and effect on interstate commerce. The first question poses the question of Dr.
Stuart having a claim against General for violating section 1 of the Sherman Act. The Sherman Act
is composed of three claims as previously stated. The first claim is the claim of conspiracy. In this
claim, Dr. Stuart has no ground against the doctors of General. This is because "officers and
employees of the same corporation cannot conspire with each other or with their corporation,
similarly two parts of the same organization cannot conspire with each other." As the decision was
made solely by the physicians and administrators of General, they can not conspire with one another
and therefore cannot commit conspiracy. (Harris, pg. 200, 2014) The second claim is in regards to
the restraint of trade. The type of restraint demonstrated would most closely
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The American Legal System Of The United States
The American Legal System
Desiree Brown
Kaplan University
The American Legal System
In the American legal system there are two different areas of government, federal and state; it is
called federalism. Together they work to enforce the laws of the United States. Each court system,
however, is divided into many different layers. The federal courts have limited jurisdiction as
opposed to the state courts that are of general jurisdiction. Federal and state governments are both
divided into three different branches, the executive, legislative, and judicial branches. The written
constitutions of the two courts form a system of separate power and checks and balances between
the branches.
The federal courts work completely different from the state courts. The federal system is divided
into three main levels, the district courts, the circuit courts, and the supreme court of The United
States. The main difference for civil cases versus criminal cases is the type of cases that are actually
able to be heard within this court system. These courts can only handle cases that have been
authorized by the United States Constitution or federal statutes, giving them limited jurisdiction.
The federal court is the beginning for any case that rises under federal statutes, treaties, or The
Constitution. (Introduction to the Federal Court System, n.d.) The district courts are basically the
trial courts. They consist of one United States district judge who is appointed by the president and
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Measuring The Effectiveness Of The Coastal Zone Management...
Measuring the Effectiveness of the Coastal Zone Management Act in the United States
Emily M. Joyce
ENVM 646 – Fall 2014
Introduction
In 1972, the U.S. Congress approved the federal Coastal Zone Management Act (CZMA). The
CZMA gives a structure for improved management of the coastal and lands and waters of the
nations coastal zone. It was intended to provide broad policy direction, federal fiscal means, and
legal tools as incentives to coastal states wishing to modernize their aptitude for coastal
management. Participating states had to go through a planning and development stage and then
submitted a proposal for approval. Most of the state programs were approved in the late 1970s and
early 1980s, with ongoing implementation.
Since it's passage, the CZMA there have been numerous efforts to evaluate the success of the state
and local programs. The evaluations have varied broadly in scope, focus, and methods used. Most
have relied on the descriptions of the processes, case studies, expert opinions and public perceptions
to gauge success.
Structure and Policy Context of the CZM in the United States
A main item of coastal management exercise in the U.S. is the series of programs and activities of
all levels of government that directly linked to the federal CZMA. Under the CZMA, federal, states,
and local, are given important roles to play and flexibility in choosing their roles. This results in
varied costal programs, which gives certain challenges for a
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Three Major Performing Rights Organizations
Three major performing rights organizations exist in the United States: the American Society of
Composers, Authors and Publishers ("ASCAP"); Broadcast Music, Inc. ("BMI"); and SESAC, Inc.
Michael R. Cohen, 25B WEST 'S LEGAL FORMS, INTELLECTUAL PROPERTY § 23:22 (2014)
("Since it would be virtually impossible for publishers or songwriters to monitor and control the
large numbers of users of their songs, the enforcement and control of such performance rights
usually falls to one of three performing rights organizations ....").
American Society of Composers, Authors and Publishers, Comment Letter Regarding Review of the
ASCAP and BMI Consent Decrees (Aug. 6, 2014),
http://www.justice.gov/atr/cases/ascapbmi/comments/307803.pdf [http://perma.cc/PH2C– F8ZX]
[hereinafter ASCAP Comment]. BMI was created in 1939. See Broadcast Music, Inc., Comment
Letter on Review of in United States v. Broadcast Music, Inc. (Aug. 6, 2014),
http://www.bmi.com/pdfs/advocacy/bmi_public_comments_to_doj.pdf [http:// perma.cc/UEQ6–
JHKV] [hereinafter BMI Comment]. See About Us, SESAC,
http://www.sesac.com/About/About.aspx [http://perma.cc/6XCC–PYSJ] (last visited Oct. 2, 2015).
See Meredith Corp., 1 F. Supp. 3d at 188. Individuals and entities are still free, however, to obtain
"direct licenses" straight from the copyright holder and/or "source licenses" sold directly from the
song 's producer. Id. at 190. See, e.g., Noel L. Hillman, Intractable Consent: A Legislative Solution
to the Problem of
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AntiTrust Laws Essay
AntiTrust Laws Introduction
Competition in economics is rivalry in supplying or acquiring an economic service or good. Sellers
compete with other sellers, and buyers with other buyers. In its perfect form, there is competition
among many small buyers and sellers, none of whom is too large to affect the market as a whole; in
practice, competition is often reduced by a great variety of limitations, including monopolies. The
monopoly, a limit on competition, is an example of market failure. Competition among merchants in
foreign trade was common in ancient times, and it has been a characteristic of mercantile and
industrial expansion since the Middle Ages. By the 19th century, classical economic theorists had
come to regard ... Show more content on Helpwriting.net ...
For example, the Maryland State Constitution in 1776 stated that "Monopolies are odious, contrary
to the spirit of free government... and ought not to be suffered".
With the support of President Benjamin Harrison, Congress passed the Sherman Antitrust Act in
1890. John Sherman, a lawyer and senator from Ohio, was the author of this legislation that
attempted to curb the growth of monopolies. The act declared illegal any business combination that
sought to restrain trade or commerce. Penalties for violation of the act included a $5,000 fine or/and
a year's imprisonment. The act was unable to achieve its original objectives.
Despite its good intentions, the Act didn't hit all its targets. The Act emerged as a somewhat tenuous
plan to break up the "big business" monopolies. The weaknesses of the Act are described by Chief
Justice Stone: "The prohibitions of the Sherman Act were not stated in terms of precision or of
crystal clarity and the Act itself does not define them. In consequence of the vagueness of its
language, perhaps not uncalculated, the courts have been left to give content to the statute, and in the
performance of that function it is inappropriate that courts should interpret its words in the light of
its legislative history and of the particular evils at which the legislation was aimed." Ultimately,
"there [was] no question that nearly everyone wanted to
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The Animal Litigation Files And Changed The Status Of The...
On Monday, August 1, I spend a majority of my day organizing various documents using "City
Law." First, I went through the animal litigation files and changed the status of the closed cases from
"open" to "closed." Most animal litigation files can be closed out once the owner of the animal
receives a notice stating that their animal has been involved in an attack. After this, I spent some
time filing witness subpoenas. I went through a list of witnesses who were called to court to testify
and filed their information into "City Law." This will then notify the finance department to pay these
witnesses for their time. When a witness is called to court, they are provided with five dollars for
their appearance as well as twenty cents per mile that they drove from their home. I analyzed the
witness forms filled out by the police department and determine if the witnesses appeared in court
on the day they were called. I then filed the form as "serve subpoena" or "non–serve subpoena." The
finance department will then be notified to send a payment only to those who appeared. In the city
of Manitowoc, there is both a reward and a punishment when subpoenaing witnesses to court. If a
witness does appear, they receive the previously mentioned five dollars plus milage, but if a witness
does not appear, they receive a citation and a fine for contempt of court. Through completing
assignments such as those that I worked on today, I have learned a lot about the Manitowoc
Municipal Code and
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Ethics, Risk Management, And Compliance Section Of The...
GRC is a broad term that covers the Governance, risk management, and compliance section of the
organization. It is a new term, as its sub categories, Governance, Risk management and compliance
are relatively new in the Business Field. Governance, It is difficult to give out the exact definition of
Governance, risk Management and Compliance (GRC), because the definition of GRC varies from
one business to another. Given that GRC carries a different definition from one firm to another so it
is generally acts in a ay that satisfies guidelines for each category. Governance, risk management
and compliance is not a single approach, but they are combined together to achieve high standards
in all three categories.
Why choose a career in ... Show more content on Helpwriting.net ...
The vision of compliance is that the strategic Vision of compliance should be expressed and set by
the board of directors in official terms and used as a reference. The role of compliance is to take to
appropriate measure towards any compliance risk to which the business is exposed to. This exposure
can be nonetheless designing and supporting the regulatory risk framework for the organization.
Compliance also supports and challenges a company's line management regarding identification and
measurements and the completeness and precision of compliance risk management activities.
Bechtel is known to be one of the finest and globally acclaimed engineering, construction and
project management companies and it has laid foundation of innovation within the industry. In
United States, Bechtel is known to be the largest engineering and Construction firm and it is placed
fourth largest privately owned company in the United States of America. Bechtel's main
headquarters in the United States is located in San Francisco, California. Whereas Bechtel's global
operational headquarters plus United States civil infrastructure units and United States Government
Services headquarters are located in Reston, Virginia. Furthermore, Bechtel's Oil , Gas and chemical
units is located in Houston, Texas. Bechtel has completed a large amount of extraordinary projects
throughout the world. Bechtel has provided service in more than one hundred sixty countries and
serving all
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Antitrust Law
| ANTITRUST LAW | | Name –Manpreet Kaur [Date] | "The mission of the Antitrust Division is to
promote economic competition through enforcing and providing guidance on antitrust laws and
principles". Antitrust laws have been developed to create the strong foundation of a free &
open market of a vibrant economy. Market is so competitive now a days, there are so many options
available for products & services, which is the result of antitrust laws. Antitrust is developed to
help both consumers & business owners. "These laws promote vigorous competition and
protect consumers from anticompetitive mergers and business practices" Antitrust laws are
developed by the U.S. Government, also commonly known as "competition ... Show more content
on Helpwriting.net ...
How antitrust law does helps consumers? Antitrust law is created to promote healthy completion,
which eventually benefits the end users by ensuring the product & service prices remain low
& affordable for most. It also helps build a better market, by ensuring open & free
completion. In a freely existing market, every competing entity o business usually play by their
rules, they would use attractions such as low price by cutting the already reduced prices or by
increasing the level of their service or quality of the product .Fair practices , the profit opportunities
and Competition also act as a stimulator for business. This stimulator helps business find innovative,
new as well as more efficient methods of production. This also improves the overall quality.
Consumers are the end user of products & services. Antitrust law makes products &
services more affordable by lowing the prices & better products as well as services. Antitrust
law have made it harder for companies to survive because of the level of competition, so only the
best survives, companies who fail to meet & understand the needs of customers slowly elope
due to the competitive battle. "When competitors agree to fix prices, rig bids, or allocate (divide up)
customers, consumers lose the benefits of competition. The prices that result when competitors
agree in these ways are artificially high". Higher prices won't always reflect the accurate cost, so
therefore
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Ftc Settlement Order Bars Texas Doctors ' Group From Joint...
FTC REVIEW AND DISCUSSION:
FTC Settlement Order Bars Texas Doctors ' Group from Joint Price Negotiations
Review:
The following allegation is upon Southwest health alliance who runs under BSA provider network in
the region of Amarillo, Tyler, TX who is believed to be respondent under section 5 of Federal Trade
Commission Act where the Respondent has exhibited Anticompetitive Conduct in the market and
which incurred the reduction of consumer benefits in the healthcare market. Upon being proved
guilty of allegations, Federal Trade Commission along with the help of Office of Texas Attorney
General purposed few judgements in the form of consent order which involves settlements purposes.
In detailed overview of this allegation, Federal Trade ... Show more content on Helpwriting.net ...
For all this contracting procedure, physicians can opt to choose a messenger which is known as
''messenger model'' under this the messenger can accept the contract terms from the payers and
should inform the physicians and collect the decision unilaterally whether physicians agreed to the
terms or not. Similarly, with the consent of physician group messenger can offer the proposed
contract by the physicians to payers.
In this instance, BSA Provider Network as a messenger under the contracting terms of '' messenger
model'' was implemented has made a conspiracy plot of making its own decisions by making its
own fee schedule instead the decision should be coming from the physicians association in receiving
and offering contracts to the payers. Although, BSA provider network has fixed charges many
physicians would provide healthcare procedures under their own fee–for–schedule to independent
patients, self–insured employers coming out of the terms of BSAPN. Also, BSA provider network
many renegotiations with several payers on behalf of physicians intending that the independent
physician
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The US Laws and Guidelines Governing Fair and Equitable...
The US Laws and Guidelines Governing Fair and Equitable Business Practices
BUSN115
September 21, 2013
Professor Neal McGregor
The US Laws and Guidelines Governing Fair and Equitable Business Practices
The United States became one of the most influential world powers virtually overnight. The system
of functionality which maintains this growth and power is the refined codes of business practices
which are the cornerstone for domestic and international business relations the world over. Due to
the unprecedented growth and prosperity of our nations economy and government, many countries
look to us as a model of free enterprise for other nations. One doctrine of thought is the United
States belief that our government ... Show more content on Helpwriting.net ...
One great example of this type of relationship is the two businesses Macintosh and Windows.
Historically they have always been in constant competition with one another, which has ultimately
benefitted the people of the world by fueling competitive innovation. [1] "National competition law
usually does not cover activity beyond territorial borders unless it has significant effects at nation–
state level."
One law, which helps protect businesses and promotes fair competition for the benefit of the
consumers, is the US Anti–Trust law. This law is comprised of three different acts: The Sherman Act
1890, the Clayton Act 1914 and the Federal Trade Commission Act 1914. The first role these acts
perform is to restrict the formation of cartels which would perform outside of the guidelines of the
government and there for not be bound by there laws. The second role these acts perform is to
ensure no single business entity can perform a certain level of mergers and acquisitions, which
would essentially turn them into a monopoly and reduce competition. Overall, the antitrust laws are
constantly debated for their overall functionality and efficiency in protecting the fair business
practices of the United States. [2] "One view, mostly closely associated with the "Chicago School of
economics" suggests that antitrust laws should focus solely on the benefits to consumers and overall
efficiency, while a broad range of
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Pay For Play
Deante Hale
Mrs.Watson
Argumentative Essay
Pay College Athletes
Pay for play Abstract page
Deante Hale The purpose of this essay is to argue why athletes should benefit off of the profits
generated from them. Informing what are the benefits to paying athletes and why we should pay
athletes. I also want to inform you of the huge scheme of college athletics and a few lawsuits that
have changed the course of paying college athletes and where we stand today in the fight for pay for
play.
College athletes should receive funds made off of their performance in school events. Because
schools are using athlete's ... Show more content on Helpwriting.net ...
A former basketball player sued the NCAA for antitrust law violations. Edward Abandon a former
basketball player at UCLA decided to be the main Plaintiff after seeing his self in a video game
without his permission.O'bannon argued the NCAA violated the anti trust laws and also his privacy.
In 2013 Judge Claudia Wilkins found in favor of O'bannon saying that they violated the Sherman
anti trust laws. Two years later in 2015 the ruling was appealed and reversed, the NCAA stated to
preserve the character and quality of the 'product, athletes must not be paid. Last year O'bannon
tried to appeal to supreme court but was denied, but didn't walk away emptied handed he settled
with 40 million from EA sports. But still the NCAA walks away with no pay for play, this is an
unjust law if give ever seen one. I know you've heard the saying "fool me once shame on me but you
wont fool me again". Well this is another instance in which the NCAA violated the Anti trust laws
and got away in 2014 when Former West Virginia running back Shawne Alston filed a proposed
class–action lawsuit alleging that the NCAA "violated antitrust laws by agreeing to cap the value of
athletic scholarships below the actual cost of attending school and 'far below' what the free market
would produce," Basically the NCAA was only providing a partial scholarship to this athlete and
having him pay the rest of the tuition out his pocket while they're making 10 times the revenue of
his tuition off of his name. Three years later this year one of the most recent actions in the Shawn
Alston cases the NCAA settled and payed out 208.7 million dollars for the cost of attendance. The
NCAA and conferences only settled this case because the terms are consistent with Division I
financial aid rules, which allow athletics based pay up to the full cost of obtaining a college
education. Lead attorney in the case Steve Berman said in a
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Examples Of Fair Business Practices
Fair Business Practices
In the United States, several laws were established to keep businesses operating fairly and
competitively in every market. With businesses willing to do just about anything to gain the
competitive edge, antitrust laws were set into place to prevent to keep a companies from being
dishonest while trying to obtain new clientele. Being a small business is tough trying to compete
with larger companies, such laws protect them from market allocation, bid rigging, and price fixing.
Coming to an agreement to not operate in the same space as another company, dividing area to
benefit each other is illegal. Being a large company, practicing this method allows the two
companies to set prices where smaller businesses cannot compete and eventually going out of
business. A Boston food retailer accused C&S Grocers Inc. and Supervalu Inc., two of the largest
U.S. grocery wholesalers of such practices in 2009. Allegations include that the two wholesalers
conspired to inflate prices and not compete with one another. The Federal Trade Commission has
uncovered other cases such as the Vitamin Cartel in 2001. In this case eight companies came
together and agreed on the price and volume for every major vitamin sold for human and animal
consumption (U.S. Dept. of Justice, 2003). With the eight companies working together instead of
competing, they controlled the market making sure that they received all the profits. After being
investigated and prosecuted, several firms and
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Virtual Organization
Running head: RIORDAN INTERNATIONAL BUSINESS International Business Legal Issues
Riordan Manufacturing University of Phoenix BUS415 Business Law Scott Waddell Riordan
Manufacturing is an industry leader in plastic injection molding with plants in Georgia, Michigan
and now China. With the company's expansion into a global market, the electronic commerce (e–
business) will be a beneficial form of commerce that is currently flourishing in the modern world of
global business. The Internet is used to buy and sell goods and services world wide. Cheeseman
(2004) explains that the economic growth of computer technology and e–commerce has exceeded
that of manufacturing in the United States economy. E–business is used to increase ... Show more
content on Helpwriting.net ...
To ensure that exports go only to legally authorized destinations, the U.S. government requires a
destination control statement on all shipping documents. Each foreign country has its own antitrust
laws that must be complied with when exporting. They reflect the nation's commitment to an
economy based on competition. This provides consumers with goods and services at the lowest price
that an efficient business can profitably offer. The Antitrust Division of the U.S. Department of
Justice enforces foreign antitrust issues in the Federal Court. Riordan has provided its employees
with intensive training so they understand it is unlawful for a U.S. firm to pay or offer to pay money
or give anything of value to any foreign official for the purpose of obtaining or retaining business.
For example, a person charged with violation of the anitbribery provision of this Federal Corrupt
Practices Act (FCPA) may try to use the defense that the payment was lawful under the written laws
and regulations of the foreign country or that the payment was associated with demonstrating the
product. Prosecution under federal criminal laws in the Federal Court can be subject to
imprisonment and fines. Riordan personnel are aware that if a person or company is found in
violation of the FCPA, they can be banned from doing business with the federal government and can
be suspended the right to do business in the U.S. International Business Differences and E–business
Restrictions
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The Federal Trade Commission Actively Enforces Antitrust Law
The Federal Trade Commission actively enforces antitrust laws to organizations within the
healthcare field, including to Physician Hospital Organizations (PHOs). A PHO is a vehicle that
enables hospitals and physicians to work cooperatively toward accomplishing several objectives
(Physician, 2015). According to Susan Creighton (2004), competitive issues among PHOs can occur
when a PHO acts as a contracting arrangement for a network of healthcare providers. The network
can consist of groups of physicians, one hospital or several, and also some other entities that offer a
bundle of healthcare services to insurance companies and other payors (Creighton, 2004). The FTC
states that the core antitrust law principle is that it is illegal for competitors to agree on prices they
will charge, except where they come together and integrate in a legitimate joint venture that results
in efficiencies or other precompetitive benefits that outweigh the restriction of competition
(Creighton, 2004). Agreements that violate the antitrust law can be determined as per se illegal. Per
se illegal means that activities, such as horizontal price fixing, or group boycotts, have been
conclusively presumed to restrain competition unreasonably even without a study of the market that
they occurred in, or an analysis of their actual effect on competition, or their purpose (Burke, et al.,
2009). South Georgia Health Partners are an example of a PHO that was charged by the commission
on a per se illegal
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Role of the United States Government in the Global...
Global Expansion of US Media Industries 1 ROLE OF THE UNITED STATES GOVERNMENT
IN THE GLOBAL EXPANSION OF US MEDIA INDUSTRIES by Lunlalit Niyomtas Student ID :
14060193 Global Media 2MED7H3 Professor Daya Thussu School of Media, Arts and Design
University of Westminster Global Expansion of US Media Industries 2 Introduction In the recent
past, we cannot deny that the media industry has experienced monumental growth both in terms of
revenues and global expansion. Like other businesses, such as banking and manufacturing, the
media business has enjoyed globalized operations to expand and grow, becoming one of the biggest
conglomerates in the world. World media has proactively employed information technology and
advancement ... Show more content on Helpwriting.net ...
This allowed media businesses to undertake both horizontal and vertical integration. Horizontal
integration is where a business diversifies its operation by owning subsidiaries of different sectors
(Deloitte 2012). For instance, Time Warner is known print media, news networks and movie
productions houses. On the other hand, vertical integration can be defined as businesses owning a
business with one main stream of business or practice. Thus, loosening of cross ownership
restrictions gave room for business to expand to different units and to the global market. A new
approach to media business that emerged was the convergence of business. Convergence of business
is where two, proportionately big firms, join to share audience as well as brand names (McChesney
2001). A notable case of convergence in the U.S. media industry was the convergence between AOL
and Time Warner. While other convergences have also been experienced, the economic results have
been mixed. The AOL merger experienced difficult economic conditions that they later preferred to
de–converge. In all loosen restrictions on laws has provided for media to explore all sorts of
business arrangement. Zero Government Intervention The United States government has always
taken pride in itself as one of the most liberal government in the world. The term liberal has been
used in the sense that the government adopts a hands–off policy towards the content and the manner
in which media houses are run. To this end, the
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The Current System of Collegiate Athletics and the NCAA
The current system of collegiate athletics and the NCAA Meggyesy, David. "Athletes In Big–time
College Sport." society 37.3 (2000): 24–28. Print. The NCAA has become a revenue generator as
college athletics have become a multi–billion dollar sports entertainment enterprise. The most
prominent contradiction with the NCAA is that amateur rules are applied to the athletes, while the
rules of the market apply to the university's athletic departments. By classifying athletes as "amateur
student athletes" the college athlete labor market does not fall under federal or state antitrust laws or
state workers compensation laws. The NCAA member schools are allowed to set the wage for the
student athlete and not give benefits to players who suffer injury. Due to the rewards being bestowed
onto the NCAA member schools and not the student athletes who produce the product, this system
can be described as exploitative. The student athlete receives an athletic scholarship with the
intention that student athletes will receive a quality education for four years of athletic service.
Though, the low graduation rates among the main revenue sports show that the university does not
live up to end its end of the deal. Due to the rising tide of student athlete protests, the NCAA
instituted Prop. 48, which changed the four year athletic scholarship to a one year renewable grant.
This allowed the athletic departments and head coaches the ability to control a misbehaving player
by terminating their
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Intellectual Law Property, Non Compete Agreements And...
ꀀꀀ
Course: Name
Intellectual Law Property, Non–compete Agreements and Contract Formation
Non–compete agreements are a necessity in order to define and secure legitimate business interests.
Original novels, plays, books, new inventions, an organization's trademark, etc. all original items are
granted protection under Intellectual property laws.
These laws provide motivation to artistic articulation, empowerment to new advances and
innovations with advancing financial development because at the point when people realize that
they can take advantage from their innovative work, which will remain secure, they are more
inclined to keep up producing things.
The three primary components of intellectual property with reference to the business environment
given below:
Trademarks: A trademark is a unique symbol of a company, which identifies the goods and services
of that company and distinguishes them from other companies. Every company has a unique
trademark and strict laws are set up against trademark infringement. If any individual or company
uses the trademark of the other company then they may have to pay a huge amount or lawful
expenses for using someone else's original work without their permission.
Industrial Designs: Industrial design is the unique decorative and artistic feature of an organization.
Only registered industrial designs are considered legal. An industrial design may be of any shape or
size, in a three dimensional figure or any lines, colors
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Ethical Dilemm Conflict Of Interest
Ethical Dilemma I – Conflict of Interest
A conflict of interest exists when an employee's duty to give his or her individual business loyalty to
the Company may be prejudiced by actual or potential personal benefit arising from another source.
While not presuming to restrict the right of individuals to passively invest or participate in other
business ventures, the Company is concerned where those interests might lead to conflicting
interests on the part of the individual. For example, a conflict of interest may arise when a director
takes actions or has interests that may make it difficult to perform his/her work for the Company
objectively and effectively. These conflicts of interest arise when a director, or member of the
director's family, receives improper personal benefits because of the director's position with the
Company. These benefits may include Gifts, Entertainment and Gratuities.
Based on the procedures mentioned in our text book, our moral choices should take into account our
specific duties, any essential ideals that our actions would support or weaken, and, finally, the
effects or consequences of the different options open to us. In taking into consideration the last part
of the above statement, remember that even loyal non–consequentialists recognize that the likely
results of our actions are relevant to their moral assessment and that we have some duty to promote
human well–being (Shaw 402).
Determining the morality of giving and receiving gifts in a
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Essay on Ethical Issues on Immigration
Ethical Issues on Immigration There are many issues in the United States. Some of them are more
distraught than others. One issue that has recently had a lot of controversy would be immigration
laws. Should we put a stop to immigrants coming over United States boarders? Should the
immigrants already in the U.S.A. be allowed to stay? These are some questions being asked by
today's society. Immigrants are not all bad; some are very useful to the United States. In society
today, it is easy for some people to find issues with immigrants in America, but people also need to
remember America was formed by immigrants. Immigrants come from all over the world. Some
immigrants are legal and some are not. "According to the Census Bureau, in ... Show more content
on Helpwriting.net ...
Utilitarian's feel that solving the problem is by making the majority happy. But what if the majority
is illegal immigrants, then the Americans get overruled and there is no solution. By passing laws that
prevent illegal immigrants coming over the boarder it does not please everyone. It is hard for the
government to find a solution that would please everyone. Many people feel that the only way to
solve this problem would be to stop all immigrants from crossing the U.S. boarder. Then what does
the United States become? It does not stay what America is supposed to be a land of opportunity. By
passing laws that does not please everyone there will always be some conflict. There will always be
that one person that does not agree with what the American government decides to do. Relativist
feels that as long as people have different views, then those views should be put into consideration.
Some people are for immigration and some are strongly against it. Immigration is a good thing it
helps expand our market and provides more laborers. One thing that some people believe to be a
positive factor in illegal immigration is, illegal immigrants that come to America and begin working
and pay taxes but do not use any other benefits that tax payers in America use. According to
Nofziger (2010), "While undocumented workers have extreme difficulty accessing services, they
still
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Federal Trade Commission And Dental Examiners
Introduction Last February, the Supreme Court issued its opinion in North Carolina State Board of
Dental Examiners v. Federal Trade Commission (Dental Examiners). The case concerned the
Board's decision to stop teeth whitening services by non–dentists in the state. The Federal Trade
Commission alleged that the Board had violated antitrust laws by attempting to limit competition by
its teeth whitening decision. State entities such as the Board generally were thought to have
immunity from antitrust laws, but the Supreme Court's decision reversed this long–held belief and
found that state boards could be held liability if certain conditions were met. The major condition
was that the board be made up of a majority of active market ... Show more content on
Helpwriting.net ...
Finally, the second part will address how states have responded to Dental Examiners, and what
Kansas can do to address the decision.
Background
To be understand the Dental Examiners decision, it is important to understand the legal background
for the case. To do this, we first have to examine the broader area of law that surrounds antitrust
liability. Secondly, we need to examine the Parker doctrine, which creates antitrust immunity for
states. Finally, we need to look at Dental Examiners itself and its background.
Antitrust Liability A preliminary question is what is antirust liability? While there are other statutes,
the Sherman Antitrust Act is the signature law prohibiting antitrust activity. The act defines antitrust
activity as any "restraint of trade or commerce." It also prevents persons from monopolizing or
attempting to monopolizing trade. The act is only concerned with restrains of trade that are
"unreasonably restrictive of competitive conditions." A secondary requirement is that there be
"concerted action," which requires more than unilateral behavior by individual actors. Examples of
antitrust violations include price–fixing, allocations of territory or customers, and exclusive dealing
agreements. Antitrust laws can be enforced either through actions brought by
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The Political And Legal Aspects Of International Marketing
The Political and Legal Aspects in Relation to Domestic and International Environment of Halal
Products Submitted by: Jessa Loreta Billano, 1338020 Submitted to: Dr. Syed M. Ahmed 10 August
2016 Executive Summary The advent of globalisation in the last two decades had an immense
impact to the political and legal environments which are essential aspects in international marketing.
As there is no existing single political and legal environment because of its complexity on a variety
of levels, the political and legal environment will be referred to as one concept in this paper. The
political and legal aspects will be discussed in relation to the domestic and international
environment. In order to have a grasp of the factors at play, this paper will use the Islamic law's
enforcement of halal regulations as an example. This paper will highlight the issues in the domestic
environment such as social and environmental concerns, intellectual property rights, and export and
import controls. It will also show how the absence of a unified halal standard in the international
level magnifies the importance to be aware of domestic certification bodies and unstable domestic
laws and regulations. Review International Marketing and the Role of Globalisation Czinkota et al.
(2014) concisely define international marketing as the "process of planning and conducting
transactions across national borders to create exchanges that satisfy the
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Essay on Major Federal Anti-trusth Laws in the United States
The anti–trust laws were set in place to promote vigorous competition but also to protect the
consumer from unfair mergers and business practices. The first antitrust law that was passed by
Congress is called the Sherman Act and is a "comprehensive charter of economic liberty aimed at
preserving free and unfettered competition as the rule of trade" according to www.FTC.gov . Later
in 1914 Congress passed two more laws, one creating the Federal Trade Commission Act (FTCA)
and then the Clayton Act, which now create the three core federal antitrust laws that are still active
currently. Although they have changed over the last hundred years, they still have the same concept:
"to protect the process of competition for the benefit of consumers, ... Show more content on
Helpwriting.net ...
This is just one example of many where the Clayton Act was used to minimize the monopoly of one
product. The last antitrust law is the Federal Trade Commission Act (FTCA) that also does not carry
any criminal penalties although it did create the Federal Trade Commission to monitor possible
violators of this act. . I believe that the Sherman Act, Clayton Act and antitrust laws that are in place
are effective because of the lawsuits that have taken place due to companies breaking the laws. My
first example regarding how the laws are effective is the case of Certegy Check Services, Inc.'s
lawsuit in 2013. "Certegy is one of the nation's largest check authorization service companies"
(Katz, Mitchell 2013) in our nation based in St. Petersburg, Fl. The company helps retail merchants
determine whether or not to accept the consumers check. The consumers are allowed to dispute the
information that Certegy may have that is incorrect due to the fact that this has a huge impact on
their life, determining their eligibility to get credit cards or pay for services such as cell phones. The
complaint that was filed against Certegy stated that the company "did not follow proper dispute
procedures among other allegations" as stated by Katz, Mitchell in his article on the lawsuit. The
company violated FCRA by not creating a process that allows the consumers to obtain their free
annual reports, which
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National Collegiate Athletic Association : Basketball...
Important Facts On July 21, 2009, former University of California at Los Angeles (UCLA)
basketball star, Edward O'Bannon, Jr filed suit against the National Collegiate Athletic Association
(NCAA), Electronic Arts (EA) and Collegiate Licensing Company (CLC) over the use of former
and current players' images in DVD's, video games, photographs, apparel and other material while
prohibiting current and former Division 1 NCAA players from receiving any compensation. Mr.
O'Bannon believed this is a violation of the Sherman Antitrust Act (1890). The NCAA disagrees
with the charges as presented and stated that the rules regarding compensation to student athletes are
necessary to protect collegiate sports and the educational mission of the colleges involved. The
NCAA was established in 1950 and currently has over 1,100 colleges. The NCAA has a broad range
of rules, but for the purposes of the case, the rules in question deals with eligibility requirements, the
number and size of scholarships each school can offer, and whether the student athletes can be
compensated and for what they can be compensated for. All of these variables are under the strict
control and decision of the NCAA, which currently states that student athletes cannot receive
compensation outside of the set rules. The student athletes are considered as being compensated by
scholarships and higher education but are limited to compensation that require the student's athletic
skills to be performed outside of
... Get more on HelpWriting.net ...

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The Decision For Us Federal Antitrust Law

  • 1. The Decision For Us Federal Antitrust Law In seeking to understand the Supreme Court's judgement in Leegin, two questions immediately come to mind. Firstly, why would the manufacturer seek to establish a minimum retail price for its product? Secondly, what are the consequences for consumer welfare, if the manufacturer succeeds in maintaining a higher retail price?. The first part of this paper attempts to answer these questions whilst deliberating on the majority and minority judgements of the US Supreme Court in Leegin and the significance of the decision for US federal antitrust law. The second part of this paper compares the US Federal and EU approaches to RPM. Several economic theories postulate enhanced consumer welfare as a reason why a manufacturer might endorse a policy ... Show more content on Helpwriting.net ... The economic logic of RPM is to redirect retailers' competitive activities from prices to customer service. Factors such as price, quality, design and customer service on the part of retailers affect the demand for differentiated consumer goods. Therefore, by assuring resellers that they will not face discount price competition from other resellers of the same brand, minimum RPM agreements encourage retailers to invest in services or promotional efforts to sell that brand against competing brands. So although RPM may diminish intra–brand price competition among retailers selling the same brand, Grimes argues that it compensates for this by enhancing inter–brand competition between retailers as a result of the increase in intra–brand service competition . Affirming this theory, the Supreme Court recognized in Continental TV that, "when inter–brand competition exists......, it provides a significant check on the exploitation of inter–brand market power because of the ability of consumers to substitute a different brand of the same product" . Mathewson and Winter suggest that increased consumer demand due to enhanced retail services , elicited through a protected retail margin, will more than offset a negative impact on demand of a higher retail price. Thus, RPM allows manufacturer to influence the supply of retail service by controlling its retailers' margins, thereby using retail service as an instrument of inter–brand competition. This ... Get more on HelpWriting.net ...
  • 2.
  • 3. The History Of Media Shield Laws This paper will discuss the history of media shield laws in the U.S. and Hawaii. It will argue the pros and cons of the need and importance of such shield laws in Hawaii to help enhance the First Amendment. According to the West 's Encyclopedia of American Law (n.d.) shield laws are statues that "make communications between news reporters and informants confidential and privileged, freeing journalists of the obligation to testify about them in court." The encyclopedia compares this to a doctor–patient, lawyer–client or priest–parishioner privilege. Where these laws are in action, journalists are free to protect their sources. If subpoenaed by a state court, journalists are free to refuse to give up their confidential sources or unpublished material. This makes it easier for journalists to report on a broad variety of topics, but these laws are also controversial because they challenge the government interests when it comes to bringing criminals to justice (Shield Laws, n.d.). Research shows that Hawaii used to have a shield law – the best in the country according to several people – but it was overturned in 2013. Today, 49 states and the District of Colombia have implemented shield laws of different variation of protection (Riker, 2015). At the same time, there does not exist any media shield laws at the federal level (Shield Laws 101, n.d.). History of Shield Laws The first documented case of the need for shield laws for journalists found place in 1848. A journalist was ... Get more on HelpWriting.net ...
  • 4.
  • 5. Antitrust Laws And The Federal Branch Of The United States... The role of antitrust laws has been the subject of numerous publications that have attempted to provide a precise set of reasons and inspirations for their creation. However, there are still many schools of thought on the subject and much debate over the effectiveness and legitimate implementation of these laws. This paper analyzes the three main antitrust laws that the federal branch of the United States government uses to try to restrict monopolies. This paper also looks at antitrust laws in the modern business environment, and attempts to relay the information in a manner that a newcomer to the subject will understand the concept as it relates to modern technology and business practices. The findings of this paper indicate that the topic of antitrust laws is more complex than many believe and, depending on the position of the person affected by monopolies, the sentiment ranges widely. Antitrust Laws The main purpose of antitrust laws is to promote competition in the markets by preventing monopolies. They also protect consumers and other businesses from unfair business practices and collusion among companies. The thought behind this is that consumers are hurt when monopolies exist because they have fewer choices, the price is likely to be higher, and the services being provided may not be very good. Turmoil in the national economy during the 1870's and 1880's necessitated the development of trust that would stabilize individual industries. This would later ... Get more on HelpWriting.net ...
  • 6.
  • 7. The United States Antitrust Laws INTRODUCTION Through the course of this paper I will introduce and discuss the history of the movement towards an actively and engaged antitrust legislation. I will also identify the original and early antitrust laws and how they have influenced the economy, as we know it today. Upon the completion of this paper you will understand who was set to benefit (gain) from anti legislation and who loses under the intentions of the antitrust laws today and in the past. LITERATURE REVIEW The United States antitrust legislation is a legislation designed to break up and prevent the formation of new monopolies to increase competition and societal welfare. Thus the United State Antitrust law is a collection of both state and federal government laws enacted to promote fair competition in the economy. The antitrust laws main statutes consist of the Sherman Act of 1890, the Clayton Act of 1914 and the Federal Trade Commission Act of 1914. In combination these acts have enforced the proper rules and regulations that businesses must conform to today to ensure that there is a healthy competition within the economy to not only the benefit of the consumers who utilize these services and goods but for the health of the businesses who make up our market industries. While Rockefeller's Standard Oil is a well known example of an early monopoly a few other examples of early monopolistic companies are known as The Whisky Trust, and the Tobacco Trust, Sugar Trust and J.P. Morgan's U.S. Steel ... Get more on HelpWriting.net ...
  • 8.
  • 9. Cross 9e TBB Ch27 Chapter 27 Antitrust Law N.B.: TYPE indicates that a question is new, modified, or unchanged, as follows. N A question new to this edition of the Test Bank. + A question modified from the previous edition of the Test Bank. = A question included in the previous edition of the Test Bank. TRUE/FALSE QUESTIONS 1. The purpose of antitrust law is to reduce competition. ANSWER: F PAGES: Introduction TYPE: N BUSPROG: Analytic AICPA: BB–Legal 2. Any activity that substantially affects interstate commerce falls outside the scope of antitrust laws. ANSWER: F PAGES: Section 1 TYPE: N BUSPROG: Analytic AICPA: BB–Legal 3. Market power is the ability of a firm to enter a given market. ANSWER: F PAGES: Section 1 TYPE: N BUSPROG: ... Show more content on Helpwriting.net ... a federal trade commission act. b. an antitrust law. c. an interstate commerce act. d. a suppressive restraint on trade. ANSWER: B PAGES: Introduction TYPE: = BUSPROG: Reflective AICPA: BB– Legal 2. Discount Retail Corporation may be engaging in conduct that vio­ lates the Sherman Act. To bring an action against the firm requires that its conduct have a sig­ nificant impact on a. international commerce. b. Internet commerce. c. interstate commerce. d. intrastate commerce. ANSWER: C PAGES: Section 1 TYPE: = BUSPROG: Reflective AICPA: BB–Legal 3. Soft Drink Corporation is charged with violating the Sherman Act through conduct subject to the rule of reason. When applying the rule of reason in this situation, a court will not consider a. the purpose of the agreement. b. the parties' market ability to implement the agreement. c. the effect of the agreement on international trade. d. the potential effect of the agreement on competition. ANSWER: C PAGES: Section 1 TYPE: N BUSPROG: Reflective AICPA: BB–Legal Fact Pattern 27–1 (Questions 4–5 apply) Natural Gas, Inc., and Olio Energy Company refine and sell natural gas. To limit the supply of natural gas on the market and thereby raise prices, Natural Gas and Olio Energy agree to buy "excess" supplies from dealers and "dispose" of it. 4. Refer to Fact Pattern 27–1. The agreement between Natural Gas and Olio Energy is a. a horizontal restraint. b. none of the choices. c. a resale price maintenance ... Get more on HelpWriting.net ...
  • 10.
  • 11. U.s. Government And Privacy Issues Shawn Lusk CCR 092 Wanda Weldon 11 Nov 2014 The U.S Government & Privacy Issues The American government exploits privacy for the purpose of looking for clandestine terrorists. This affects all the citizens that log in, and post updates on a daily basis, when in actuality a piece of their privacy is being sent to the United States Government. The US government has a very powerful and watchful eye, within the borders of the nation and the rest of the world. Privacy issues are no obstacle for Big Brother (U.S. Govt.). Privacy affects many facets of our daily lives; lesser things have sparked revolutions in the past. Privacy should be the central focusing topic for the public in this data age for all citizens of the world. Whenever citizens of America, or the world for that matter, log in to their computers, they do not realize the U.S. Government is compromising their very privacy. Prior to the September 11th terrorist attacks of 2001 there was not a lot of surveillance being conducted on citizens of the world or to the magnitude of which we now see these days. Homeland Security, an entity of the U.S. Government, has been given vast and broad powers from the white house, congress, and the senate, as well as the National Security Agency (NSA). The NSA's primary mission after 9/11 is to defend the United States of America, so their main mission is to intercept and thwart attacks from enemy's bent upon causing mass destruction to the infrastructure of America, and ... Get more on HelpWriting.net ...
  • 12.
  • 13. Business Law Essay Individual Role and Functions of Law Paper | Resource: Case Brief Cipollone v. Liggett Group, Inc., et al. in Ch. 2, section 2–6, "Commerce Powers," of the textWrite a 700– to 1,050–word paper in which you define the functions and role of law in business and society. Discuss the functions and role of law in your past or present job or industry. Properly cite at least two references from your reading. Format your paper consistent with APA guidelines. | Role and Function of Law Laws are as ancient as civilization. They are necessary for the common good and for the welfare of society. Black's Law Dictionary, as quoted by Melvin (2012), defines law as a "body of rules of action or conduct prescribed by controlling authority, and ... Show more content on Helpwriting.net ... uphold a law requiring most Americans to have health insurance By ruling that the individual mandate was permissible as a tax, They gave Congress the power to regulate commerce, not to compel it http://www.supremecourt.gov/opinions/11pdf/11–393c3a2.pdf 2012 John Roberts Congress already possesses expansive power to regulate what people do. Upholding the Affordable Care Act under the Commerce Clause would give Congress the same license to regulate what people do not do. http://www.law.cornell.edu/wex/commerce_clause No date Commerce clause The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S. Constitution, which gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indian tribes." The Constitution enumerates certain powers for the federal government; the Tenth Amendment provides that any powers that are not enumerated in the Constitution are reserved for the states. Congress has often used the Commerce Clause to justify exercising legislative power over the activities of states and their citizens, leading to significant and ongoing controversy regarding the balance of power between the federal government and the states. The Commerce Clause has historically been viewed as both a grant of congressional authority and as a restriction on states' powers to regulate. The "dormant" Commerce Clause refers to the prohibition, implied in the Commerce Clause, against states ... Get more on HelpWriting.net ...
  • 14.
  • 15. Merger Of Telecommunications Companies : At & T And T Mobile This paper will examine the proposed merger of two telecommunications companies: AT&T and T– Mobile. The purpose is to determine whether such a merger would be in the best interest of the telecommunications industry, as well as the consumers served by the industry. In order to adequately understand the environment contemplated by such a merger, this paper will examine the history of antitrust laws in the United States; with particular focus on the monopolies serving as a template for what would happen should the merger occur. Finally, the paper will make an assertion as to the advisedness of such a merger and provide evidence to support that assertion. "Keep Them Separate" – The AT&T/T–Mobile Merger "When competition exists, consumers win. It drives innovation, investment and economic benefits" (Wheeler, 2016). Scarcely a month ago, Tom Wheeler, the chairman of the Federal Communications Commission (FCC), made that statement as part of prepared remarks delivered to the Competitive Carriers Association at its convention in Seattle, Washington. Given the mission of the Competitive Carriers Association, one could infer that Chairman Wheeler was, indeed, "preaching to the choir." The organization is the special interest group representing regional and national "competitive wireless carriers and their stakeholders" (Competitive Carriers Association, 2011). The Competitive Carriers Association began with regional, small carriers that have always feared being crushed by the "big ... Get more on HelpWriting.net ...
  • 16.
  • 17. The Antitrust Laws Are Really Competition Laws That Are... Abdurhman Alsadi Prof. Joshua Long Exam #3 04/14/2016 Question #1 The antitrust laws are basically competition laws that are aimed at protecting the consumers from predatory businesses out who may be out to defraud consumer and to limit the practice of free and fair competition in the market. The major objective of these laws was majorly meant to curb business practise vices such as price–fixing, bid–rigging, and market allocations. In USA, the antitrust law is cascade into two major categories, the federal antitrust laws, and state antitrust laws. The first antitrust law in USA was the Sherman Act of 1890. This law mainly address the "unreasonable restraints of trade" which are perceived to be monopolizing with foreign entities and restraint of businesses from operations in the form of contracts and conspiracies in business combinations. The second major antitrust law is the Clayton Act brought in 1914 which widened the scope of the Sherman Act for include impermissible activities such as price discrimination between different purchasers if such discrimination tend to create a monopoly; exclusive dealing agreements, tying arrangements, and mergers and acquisitions that substantially reduce market competition. The third major antitrust law were the Robinson–Patman Act of 1936. This came as an amendment to the Clayton Act, which aimed at outlawing certain practices where manufacturers discriminated in price between equally situated distributors to decrease competition. The ... Get more on HelpWriting.net ...
  • 18.
  • 19. Case Study On Hockey India instrument to the cause of preserving the integrity of the sport, and aspiring for its orderly development. It further went on to state that the measures implemented by the consortium under its pyramid structure were not unconditionally inherent and proportionate to the achievements of purely sporting objectives. In fact, the CCI read a strong commercial dimension into the conduct of the board. While some may argue that this case lacks the balancing of rights perspective that was employed in the Hockey India judgment, it would also, perhaps, not be altogether misguided to prefer the Hockey India judgment to have progressed on the lines of the BCCI case. With a firm recommendation to revamp the core structure of its organisation such that clashes between its regulatory and organisational powers cease to be a regular feature, the CCI liberated Hockey India of the charges levelled against it. Directing the institution of a rationalised and transparent system to supervise the promulgation of NOCs, the CCI relied on an ... Show more content on Helpwriting.net ... The stance of the CCI does appear to be rather implausible, especially as it dismisses the arguments to the alternative citing the lack of evidence that effectively corroborates that Hockey India deliberately acted against the players who wished to participate in the league. Moreover, it is pertinent to note that within a year of the alleged anti–competitive policies being drawn up by Hockey India, its proposal for a rival league was released. Hence, to absolve the body for inclusion of commercial aspects in its practices might hardly be the way to proceed. In addition, while the CoC Agreement did not explicitly enjoin the freedom of players to participate in the World Series Hockey League, it certainly served as a sheer ... Get more on HelpWriting.net ...
  • 20.
  • 21. The Government Places Emphasis On Freedom Brandon Lee Mrs. Haedtler American Literature Period 4 21 November 2014 iSearch The government places emphasis on "freedom" in America, in face of evidence that presents the deceptiveness of our dignitary. Although the word "freedom" lies between our country's documents and beliefs, the NSA (National Security Agency) tramples what took years of bloodshed and development to circumvent its citizen's privacy through surveillance. According to internetworldstats, 13% of American citizens don't use the internet, meaning that 87% of our population is at risk of surveillance. Therefore, the US Government should tighten laws to restrict or stop NSA surveillance on the public. Edward Snowden, a former NSA contractor, is a hero in the eyes of ... Show more content on Helpwriting.net ... "I 'm willing to sacrifice [my former life] because I can 't in good conscience allow the U.S. government to destroy privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they 're secretly building" (Snowden). While some people feel Snowden should amend for his wrongdoings, others view Snowden as a hero. Although Snowden's act may have hurt the economy and created skepticism overseas and domestically, he continues to fight this cyberwar to end unlawful surveillance. NSA Surveillance hurts the economy because many people are skeptical about the online services. Users fear that these online services would allow surveillance of their private information. According to Kim Zetter, a senior staff reporter who specializes in cybercrime, privacy, and securtity, "NSA surveillance causes economic losses to US businesses due to lost sales and declining customer trust" (Zetter). Daily workflow in modern society is reliant on online services. Goods are now bought through services such as Amazon or Alibaba, where customers input their credit information, name, and address. The NSA has access to this information, which could be used against the user. The NSA takes advantage of technology being sent overseas by "intercepting products that U.S. Companies send to customers" (Zetter) and installing "spy equipment in them before they reach the customer" ... Get more on HelpWriting.net ...
  • 22.
  • 23. Texas : A Long History Of Conflict With The Federal... Texas has a long history of conflict with the federal government over laws and policies, particularly when dealing with environmental, social, and educational issues. Texas has conservative right–wing views and has been in conflict more often with the federal government since President Obama has been in office. The dilemma generally arises from a clash in opposing political and social views. One major issue that has arisen in over the course of the last two years has been a battle over funding for Planned Parenthood. Although the courts have deemed that this quarrel is not about abortion rights or access to abortion, the truth of the matter is that it really is. Texas leaders are against abortion and are trying to skirt federal law that allows abortion by imposing their personal agenda opposing abortion or anything that seemingly supports abortion on the Texas people. The problem is that in the midst of this chaos, low–income women of Texas are the ones who are suffering through the loss of basic and preventative healthcare. Texas, working in conjunction with the federal government, in 2005 created the Medicaid Women's Health Program (WHP) under the senate bill 747 and house bill 2663 of the 79th Legislature, executed and overseen by the Health and Human Services Commission (Planned Parenthood). This program allocated funds for low–income women's healthcare for a duration of five years. The program began on January 1, 2007. For every dollar spent by the state, the federal ... Get more on HelpWriting.net ...
  • 24.
  • 25. Ncaa Athletics : Management 490 NCAAAthletics Management 490 Wisam AbuKamleh November 16, 2016 " If excellence is achieved in the form of execution and performance, winning will frequently follow" Robert C Schneider NCAA is the National Collegiate Association. This organization is a non–profit. Its primary goal is to look over the well–being and strives for achievement from the athletes. Just like other organization NCAA has guidelines that the student body has to get as members. To be apart of the organization the potential member has to fill out an application (U.S. students it cost them $70 and non U.S. citizens $120). They have to answers a series of questions and pass a physical test. They have three divisions. Only 2% of high school students who apply actually get accepted. It has shown in their statistics that more athletic students who are apart of this organization had graduated in the student body than others. Upon acceptance all athletes shall be certified as amateurs. What is the NCAA being accused of? They are notwithstanding the Antitrust Act. In the 1890s the Sherman Antitrust Act passed. This act prohibits agreements in restraints of trade and abuse of monopoly power. The question at hand is their amateurs policy. Here are the guideline for this policy to be apart and remain eligible they can not do the following: Contracts with professional teams Salary for participating in athletics Prize money above actual and necessary expenses Play with professionals ... Get more on HelpWriting.net ...
  • 26.
  • 27. Antitrust Laws Of The Sherman Act And The Ftc Act A preliminary question is what are antitrust laws? They are a series of laws designed to protect competition in the marketplace. Antitrust laws prevent restrains of trade or commerce. Black's Law Dictionary defines antitrust laws as "[t]he body of law designed to protect trade and commerce from restraints, monopolies, price–fixing, and price discrimination." The main law regulating antitrust is the Sherman Antitrust Act, which makes it illegal for individuals or groups to restrain trade or commerce. Besides the Sherman Act, the other law that factors into Dental Examiners is the Federal Trade Commission Act, which prohibits any "[u]nfair methods of competition." This law serves as the basis for the majority of Federal Trade ... Show more content on Helpwriting.net ... What is the goal of antitrust liability? Antitrust laws are designed to protect competition in markets. Early in the nation's history, there was widespread fear of the dangers of monopolies and other restrictions on competition. In 1890, Congress passed the Sherman Antitrust Act in order to prevent limits on competition caused by private parties. Thus the main goal of antitrust law is to preserve "economic freedom" and a "free–enterprise system." Specifically, it attempts to preserve "the freedom to compete" for businesses. In a practical sense, antitrust laws are seeking to prevent burdens on competition in the marketplace. When Are States Immune from Antitrust Liability? To understand antitrust immunity, one must understand the different tests the United States Supreme Court has applied to state's agencies and boards to determine immunity. Courts largely use two tests to determine whether an entity has immunity from antitrust laws. Both tests provide the same immunity, but they require the entity seeking the immunity to prove different requirements. The first test is the sovereign actor test, and it provides immunity to state actors using sovereign power. The second test, known as the Midcal test, asks whether the entity seeking immunity is following a clearly articulated state policy, and whether the entity is actively supervised by the state. Both of these tests are ... Get more on HelpWriting.net ...
  • 28.
  • 29. The Essential Facilities Doctrine SCHOOL of LAW, CHRIST UNIVERSITY BANGALORE. Understanding of Essential Facilities Doctrine in the light of the case of (MCI Commc'ns Corp. v. AT&T), 708 F.2d 1081 (7th Cir.), cert. denied, 464 U.S. 891 (1983). Bharat Jumrani 1016164 BA LLB (B) Contents 1) Abstract. 2) ... Show more content on Helpwriting.net ... To deal with such behaviours and to have a check on the different entities, we have this essential facilities doctrine, which helps to curb anti–competitive practices and ultimately leads to beneficial of the consumers. Aims and objectives The main aims and objectives of this paper is to highlight the concept of the essential facilities doctrine and its scope and applicability in different cases taken by the courts. Research Questions: 1. What is essential facilities doctrine?? 2. What is the scope of essential facility doctrine?? 3. The applicability of the essential facility doctrine in (MCI Commc'ns Corp. v. AT&T), 708 F.2d 1081 (7th Cir.), cert. denied, 464 U.S. 891 (1983).?? Scope and Research Methodology: This is a doctrinal research wherein the major premise of the information and all the data collection will have its bases from texts, law journals, case laws, research papers, encyclopaedias, e–sources etc, and eventually to navigate the conclusions and suggestions on the aforesaid study. A Brief History: Essential Facilities ... Get more on HelpWriting.net ...
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  • 31. Case Study: Chevron Vs The Laclede Group Chevron Vs The Laclede Group In term of creation the record, Chevron requires that internal controls be in place and functioning and that accurate and complete transaction records be kept within the Company. Their standard language for procurement contracts includes a requirement for their suppliers and contractors to comply with all applicable laws and keep accurate books and records. Where appropriate, they procurement contracts contain specific commitments. Fair and accurate books and records are essential for managing Chevron's business and maintaining the accuracy and integrity of the Company's financial reporting and disclosure. But, in The Laclede Group the company executive, officer and department head is responsible for accurately ... Show more content on Helpwriting.net ... Any attempt to conceal or misstate information in Company records is a serious offense and may result in disciplinary action and criminal prosecution. Each of them is responsible for reporting any suspected violations of the Company's accounting policies and procedures. They should report any suspected violation of these policies to their manager or supervisor, the Corporate Audit department or the Chevron Hotline. Laclede Group says that as a good corporate citizen, the Company seeks to comply with all applicable laws, including fair competition and antitrust laws. The most common antitrust violations of which they should be aware involve agreements, written or oral, formal or informal, with competitors, customers or suppliers that unreasonably restrain competition. Thus, they should not discuss or make any agreements or understandings with competitors about prices to be charged, territorial boundaries or market share, except for Laclede Gas Company's tariff rates filed with the Missouri Public Service Commission. Antitrust laws are complex and can be difficult to ... Get more on HelpWriting.net ...
  • 32.
  • 33. The Company Of Free Enterprise And Market Competition The foundation of the United States economy is the foundation of free enterprise and market competition. The competitive market allows consumers to benefit from price reductions, increasing quality, and allowing consumers the freedom of choice. These ideas of free enterprise and market competition are so crucial that they are protected by Congressional antitrust laws. As the Supreme Court has explained, "Antitrust laws in general, and the Sherman Act in particular, are the Magna Carta of free enterprise. They are as important to the preservation of economic freedom and our free–enterprise system as the Bill of Rights is to the protection of our fundamental personal freedoms." (Harris, pg. 197, 2014) The healthcare industry is incredibly ... Show more content on Helpwriting.net ... (Harris, pg. 214–217, 2014) The question is that can Dr. Stuart state a valid claim against the doctors at General for their denial of her privileges under a three requirements of Section 1 of the Sherman Act? Do the providers at General have a defense against Dr. Stuart's denial of privileges within the restrictions of Section 1 of the Sherman Act? Furthermore, does Dr. Stuart have a valid claim against the collaboration and coercions of General and Happy within Section 1 of the Sherman Act? Any application of Section 1 antitrust legislation must violate all three claims: proof of conspiracy, restraint of trade, and effect on interstate commerce. The first question poses the question of Dr. Stuart having a claim against General for violating section 1 of the Sherman Act. The Sherman Act is composed of three claims as previously stated. The first claim is the claim of conspiracy. In this claim, Dr. Stuart has no ground against the doctors of General. This is because "officers and employees of the same corporation cannot conspire with each other or with their corporation, similarly two parts of the same organization cannot conspire with each other." As the decision was made solely by the physicians and administrators of General, they can not conspire with one another and therefore cannot commit conspiracy. (Harris, pg. 200, 2014) The second claim is in regards to the restraint of trade. The type of restraint demonstrated would most closely ... Get more on HelpWriting.net ...
  • 34.
  • 35. The American Legal System Of The United States The American Legal System Desiree Brown Kaplan University The American Legal System In the American legal system there are two different areas of government, federal and state; it is called federalism. Together they work to enforce the laws of the United States. Each court system, however, is divided into many different layers. The federal courts have limited jurisdiction as opposed to the state courts that are of general jurisdiction. Federal and state governments are both divided into three different branches, the executive, legislative, and judicial branches. The written constitutions of the two courts form a system of separate power and checks and balances between the branches. The federal courts work completely different from the state courts. The federal system is divided into three main levels, the district courts, the circuit courts, and the supreme court of The United States. The main difference for civil cases versus criminal cases is the type of cases that are actually able to be heard within this court system. These courts can only handle cases that have been authorized by the United States Constitution or federal statutes, giving them limited jurisdiction. The federal court is the beginning for any case that rises under federal statutes, treaties, or The Constitution. (Introduction to the Federal Court System, n.d.) The district courts are basically the trial courts. They consist of one United States district judge who is appointed by the president and ... Get more on HelpWriting.net ...
  • 36.
  • 37. Measuring The Effectiveness Of The Coastal Zone Management... Measuring the Effectiveness of the Coastal Zone Management Act in the United States Emily M. Joyce ENVM 646 – Fall 2014 Introduction In 1972, the U.S. Congress approved the federal Coastal Zone Management Act (CZMA). The CZMA gives a structure for improved management of the coastal and lands and waters of the nations coastal zone. It was intended to provide broad policy direction, federal fiscal means, and legal tools as incentives to coastal states wishing to modernize their aptitude for coastal management. Participating states had to go through a planning and development stage and then submitted a proposal for approval. Most of the state programs were approved in the late 1970s and early 1980s, with ongoing implementation. Since it's passage, the CZMA there have been numerous efforts to evaluate the success of the state and local programs. The evaluations have varied broadly in scope, focus, and methods used. Most have relied on the descriptions of the processes, case studies, expert opinions and public perceptions to gauge success. Structure and Policy Context of the CZM in the United States A main item of coastal management exercise in the U.S. is the series of programs and activities of all levels of government that directly linked to the federal CZMA. Under the CZMA, federal, states, and local, are given important roles to play and flexibility in choosing their roles. This results in varied costal programs, which gives certain challenges for a ... Get more on HelpWriting.net ...
  • 38.
  • 39. Three Major Performing Rights Organizations Three major performing rights organizations exist in the United States: the American Society of Composers, Authors and Publishers ("ASCAP"); Broadcast Music, Inc. ("BMI"); and SESAC, Inc. Michael R. Cohen, 25B WEST 'S LEGAL FORMS, INTELLECTUAL PROPERTY § 23:22 (2014) ("Since it would be virtually impossible for publishers or songwriters to monitor and control the large numbers of users of their songs, the enforcement and control of such performance rights usually falls to one of three performing rights organizations ...."). American Society of Composers, Authors and Publishers, Comment Letter Regarding Review of the ASCAP and BMI Consent Decrees (Aug. 6, 2014), http://www.justice.gov/atr/cases/ascapbmi/comments/307803.pdf [http://perma.cc/PH2C– F8ZX] [hereinafter ASCAP Comment]. BMI was created in 1939. See Broadcast Music, Inc., Comment Letter on Review of in United States v. Broadcast Music, Inc. (Aug. 6, 2014), http://www.bmi.com/pdfs/advocacy/bmi_public_comments_to_doj.pdf [http:// perma.cc/UEQ6– JHKV] [hereinafter BMI Comment]. See About Us, SESAC, http://www.sesac.com/About/About.aspx [http://perma.cc/6XCC–PYSJ] (last visited Oct. 2, 2015). See Meredith Corp., 1 F. Supp. 3d at 188. Individuals and entities are still free, however, to obtain "direct licenses" straight from the copyright holder and/or "source licenses" sold directly from the song 's producer. Id. at 190. See, e.g., Noel L. Hillman, Intractable Consent: A Legislative Solution to the Problem of ... Get more on HelpWriting.net ...
  • 40.
  • 41. AntiTrust Laws Essay AntiTrust Laws Introduction Competition in economics is rivalry in supplying or acquiring an economic service or good. Sellers compete with other sellers, and buyers with other buyers. In its perfect form, there is competition among many small buyers and sellers, none of whom is too large to affect the market as a whole; in practice, competition is often reduced by a great variety of limitations, including monopolies. The monopoly, a limit on competition, is an example of market failure. Competition among merchants in foreign trade was common in ancient times, and it has been a characteristic of mercantile and industrial expansion since the Middle Ages. By the 19th century, classical economic theorists had come to regard ... Show more content on Helpwriting.net ... For example, the Maryland State Constitution in 1776 stated that "Monopolies are odious, contrary to the spirit of free government... and ought not to be suffered". With the support of President Benjamin Harrison, Congress passed the Sherman Antitrust Act in 1890. John Sherman, a lawyer and senator from Ohio, was the author of this legislation that attempted to curb the growth of monopolies. The act declared illegal any business combination that sought to restrain trade or commerce. Penalties for violation of the act included a $5,000 fine or/and a year's imprisonment. The act was unable to achieve its original objectives. Despite its good intentions, the Act didn't hit all its targets. The Act emerged as a somewhat tenuous plan to break up the "big business" monopolies. The weaknesses of the Act are described by Chief Justice Stone: "The prohibitions of the Sherman Act were not stated in terms of precision or of crystal clarity and the Act itself does not define them. In consequence of the vagueness of its language, perhaps not uncalculated, the courts have been left to give content to the statute, and in the performance of that function it is inappropriate that courts should interpret its words in the light of its legislative history and of the particular evils at which the legislation was aimed." Ultimately, "there [was] no question that nearly everyone wanted to ... Get more on HelpWriting.net ...
  • 42.
  • 43. The Animal Litigation Files And Changed The Status Of The... On Monday, August 1, I spend a majority of my day organizing various documents using "City Law." First, I went through the animal litigation files and changed the status of the closed cases from "open" to "closed." Most animal litigation files can be closed out once the owner of the animal receives a notice stating that their animal has been involved in an attack. After this, I spent some time filing witness subpoenas. I went through a list of witnesses who were called to court to testify and filed their information into "City Law." This will then notify the finance department to pay these witnesses for their time. When a witness is called to court, they are provided with five dollars for their appearance as well as twenty cents per mile that they drove from their home. I analyzed the witness forms filled out by the police department and determine if the witnesses appeared in court on the day they were called. I then filed the form as "serve subpoena" or "non–serve subpoena." The finance department will then be notified to send a payment only to those who appeared. In the city of Manitowoc, there is both a reward and a punishment when subpoenaing witnesses to court. If a witness does appear, they receive the previously mentioned five dollars plus milage, but if a witness does not appear, they receive a citation and a fine for contempt of court. Through completing assignments such as those that I worked on today, I have learned a lot about the Manitowoc Municipal Code and ... Get more on HelpWriting.net ...
  • 44.
  • 45. Ethics, Risk Management, And Compliance Section Of The... GRC is a broad term that covers the Governance, risk management, and compliance section of the organization. It is a new term, as its sub categories, Governance, Risk management and compliance are relatively new in the Business Field. Governance, It is difficult to give out the exact definition of Governance, risk Management and Compliance (GRC), because the definition of GRC varies from one business to another. Given that GRC carries a different definition from one firm to another so it is generally acts in a ay that satisfies guidelines for each category. Governance, risk management and compliance is not a single approach, but they are combined together to achieve high standards in all three categories. Why choose a career in ... Show more content on Helpwriting.net ... The vision of compliance is that the strategic Vision of compliance should be expressed and set by the board of directors in official terms and used as a reference. The role of compliance is to take to appropriate measure towards any compliance risk to which the business is exposed to. This exposure can be nonetheless designing and supporting the regulatory risk framework for the organization. Compliance also supports and challenges a company's line management regarding identification and measurements and the completeness and precision of compliance risk management activities. Bechtel is known to be one of the finest and globally acclaimed engineering, construction and project management companies and it has laid foundation of innovation within the industry. In United States, Bechtel is known to be the largest engineering and Construction firm and it is placed fourth largest privately owned company in the United States of America. Bechtel's main headquarters in the United States is located in San Francisco, California. Whereas Bechtel's global operational headquarters plus United States civil infrastructure units and United States Government Services headquarters are located in Reston, Virginia. Furthermore, Bechtel's Oil , Gas and chemical units is located in Houston, Texas. Bechtel has completed a large amount of extraordinary projects throughout the world. Bechtel has provided service in more than one hundred sixty countries and serving all ... Get more on HelpWriting.net ...
  • 46.
  • 47. Antitrust Law | ANTITRUST LAW | | Name –Manpreet Kaur [Date] | "The mission of the Antitrust Division is to promote economic competition through enforcing and providing guidance on antitrust laws and principles". Antitrust laws have been developed to create the strong foundation of a free & open market of a vibrant economy. Market is so competitive now a days, there are so many options available for products & services, which is the result of antitrust laws. Antitrust is developed to help both consumers & business owners. "These laws promote vigorous competition and protect consumers from anticompetitive mergers and business practices" Antitrust laws are developed by the U.S. Government, also commonly known as "competition ... Show more content on Helpwriting.net ... How antitrust law does helps consumers? Antitrust law is created to promote healthy completion, which eventually benefits the end users by ensuring the product & service prices remain low & affordable for most. It also helps build a better market, by ensuring open & free completion. In a freely existing market, every competing entity o business usually play by their rules, they would use attractions such as low price by cutting the already reduced prices or by increasing the level of their service or quality of the product .Fair practices , the profit opportunities and Competition also act as a stimulator for business. This stimulator helps business find innovative, new as well as more efficient methods of production. This also improves the overall quality. Consumers are the end user of products & services. Antitrust law makes products & services more affordable by lowing the prices & better products as well as services. Antitrust law have made it harder for companies to survive because of the level of competition, so only the best survives, companies who fail to meet & understand the needs of customers slowly elope due to the competitive battle. "When competitors agree to fix prices, rig bids, or allocate (divide up) customers, consumers lose the benefits of competition. The prices that result when competitors agree in these ways are artificially high". Higher prices won't always reflect the accurate cost, so therefore ... Get more on HelpWriting.net ...
  • 48.
  • 49. Ftc Settlement Order Bars Texas Doctors ' Group From Joint... FTC REVIEW AND DISCUSSION: FTC Settlement Order Bars Texas Doctors ' Group from Joint Price Negotiations Review: The following allegation is upon Southwest health alliance who runs under BSA provider network in the region of Amarillo, Tyler, TX who is believed to be respondent under section 5 of Federal Trade Commission Act where the Respondent has exhibited Anticompetitive Conduct in the market and which incurred the reduction of consumer benefits in the healthcare market. Upon being proved guilty of allegations, Federal Trade Commission along with the help of Office of Texas Attorney General purposed few judgements in the form of consent order which involves settlements purposes. In detailed overview of this allegation, Federal Trade ... Show more content on Helpwriting.net ... For all this contracting procedure, physicians can opt to choose a messenger which is known as ''messenger model'' under this the messenger can accept the contract terms from the payers and should inform the physicians and collect the decision unilaterally whether physicians agreed to the terms or not. Similarly, with the consent of physician group messenger can offer the proposed contract by the physicians to payers. In this instance, BSA Provider Network as a messenger under the contracting terms of '' messenger model'' was implemented has made a conspiracy plot of making its own decisions by making its own fee schedule instead the decision should be coming from the physicians association in receiving and offering contracts to the payers. Although, BSA provider network has fixed charges many physicians would provide healthcare procedures under their own fee–for–schedule to independent patients, self–insured employers coming out of the terms of BSAPN. Also, BSA provider network many renegotiations with several payers on behalf of physicians intending that the independent physician ... Get more on HelpWriting.net ...
  • 50.
  • 51. The US Laws and Guidelines Governing Fair and Equitable... The US Laws and Guidelines Governing Fair and Equitable Business Practices BUSN115 September 21, 2013 Professor Neal McGregor The US Laws and Guidelines Governing Fair and Equitable Business Practices The United States became one of the most influential world powers virtually overnight. The system of functionality which maintains this growth and power is the refined codes of business practices which are the cornerstone for domestic and international business relations the world over. Due to the unprecedented growth and prosperity of our nations economy and government, many countries look to us as a model of free enterprise for other nations. One doctrine of thought is the United States belief that our government ... Show more content on Helpwriting.net ... One great example of this type of relationship is the two businesses Macintosh and Windows. Historically they have always been in constant competition with one another, which has ultimately benefitted the people of the world by fueling competitive innovation. [1] "National competition law usually does not cover activity beyond territorial borders unless it has significant effects at nation– state level." One law, which helps protect businesses and promotes fair competition for the benefit of the consumers, is the US Anti–Trust law. This law is comprised of three different acts: The Sherman Act 1890, the Clayton Act 1914 and the Federal Trade Commission Act 1914. The first role these acts perform is to restrict the formation of cartels which would perform outside of the guidelines of the government and there for not be bound by there laws. The second role these acts perform is to ensure no single business entity can perform a certain level of mergers and acquisitions, which would essentially turn them into a monopoly and reduce competition. Overall, the antitrust laws are constantly debated for their overall functionality and efficiency in protecting the fair business practices of the United States. [2] "One view, mostly closely associated with the "Chicago School of economics" suggests that antitrust laws should focus solely on the benefits to consumers and overall efficiency, while a broad range of ... Get more on HelpWriting.net ...
  • 52.
  • 53. Pay For Play Deante Hale Mrs.Watson Argumentative Essay Pay College Athletes Pay for play Abstract page Deante Hale The purpose of this essay is to argue why athletes should benefit off of the profits generated from them. Informing what are the benefits to paying athletes and why we should pay athletes. I also want to inform you of the huge scheme of college athletics and a few lawsuits that have changed the course of paying college athletes and where we stand today in the fight for pay for play. College athletes should receive funds made off of their performance in school events. Because schools are using athlete's ... Show more content on Helpwriting.net ... A former basketball player sued the NCAA for antitrust law violations. Edward Abandon a former basketball player at UCLA decided to be the main Plaintiff after seeing his self in a video game without his permission.O'bannon argued the NCAA violated the anti trust laws and also his privacy. In 2013 Judge Claudia Wilkins found in favor of O'bannon saying that they violated the Sherman anti trust laws. Two years later in 2015 the ruling was appealed and reversed, the NCAA stated to preserve the character and quality of the 'product, athletes must not be paid. Last year O'bannon tried to appeal to supreme court but was denied, but didn't walk away emptied handed he settled with 40 million from EA sports. But still the NCAA walks away with no pay for play, this is an unjust law if give ever seen one. I know you've heard the saying "fool me once shame on me but you wont fool me again". Well this is another instance in which the NCAA violated the Anti trust laws and got away in 2014 when Former West Virginia running back Shawne Alston filed a proposed class–action lawsuit alleging that the NCAA "violated antitrust laws by agreeing to cap the value of athletic scholarships below the actual cost of attending school and 'far below' what the free market would produce," Basically the NCAA was only providing a partial scholarship to this athlete and having him pay the rest of the tuition out his pocket while they're making 10 times the revenue of his tuition off of his name. Three years later this year one of the most recent actions in the Shawn Alston cases the NCAA settled and payed out 208.7 million dollars for the cost of attendance. The NCAA and conferences only settled this case because the terms are consistent with Division I financial aid rules, which allow athletics based pay up to the full cost of obtaining a college education. Lead attorney in the case Steve Berman said in a
  • 54. ... Get more on HelpWriting.net ...
  • 55.
  • 56. Examples Of Fair Business Practices Fair Business Practices In the United States, several laws were established to keep businesses operating fairly and competitively in every market. With businesses willing to do just about anything to gain the competitive edge, antitrust laws were set into place to prevent to keep a companies from being dishonest while trying to obtain new clientele. Being a small business is tough trying to compete with larger companies, such laws protect them from market allocation, bid rigging, and price fixing. Coming to an agreement to not operate in the same space as another company, dividing area to benefit each other is illegal. Being a large company, practicing this method allows the two companies to set prices where smaller businesses cannot compete and eventually going out of business. A Boston food retailer accused C&S Grocers Inc. and Supervalu Inc., two of the largest U.S. grocery wholesalers of such practices in 2009. Allegations include that the two wholesalers conspired to inflate prices and not compete with one another. The Federal Trade Commission has uncovered other cases such as the Vitamin Cartel in 2001. In this case eight companies came together and agreed on the price and volume for every major vitamin sold for human and animal consumption (U.S. Dept. of Justice, 2003). With the eight companies working together instead of competing, they controlled the market making sure that they received all the profits. After being investigated and prosecuted, several firms and ... Get more on HelpWriting.net ...
  • 57.
  • 58. Virtual Organization Running head: RIORDAN INTERNATIONAL BUSINESS International Business Legal Issues Riordan Manufacturing University of Phoenix BUS415 Business Law Scott Waddell Riordan Manufacturing is an industry leader in plastic injection molding with plants in Georgia, Michigan and now China. With the company's expansion into a global market, the electronic commerce (e– business) will be a beneficial form of commerce that is currently flourishing in the modern world of global business. The Internet is used to buy and sell goods and services world wide. Cheeseman (2004) explains that the economic growth of computer technology and e–commerce has exceeded that of manufacturing in the United States economy. E–business is used to increase ... Show more content on Helpwriting.net ... To ensure that exports go only to legally authorized destinations, the U.S. government requires a destination control statement on all shipping documents. Each foreign country has its own antitrust laws that must be complied with when exporting. They reflect the nation's commitment to an economy based on competition. This provides consumers with goods and services at the lowest price that an efficient business can profitably offer. The Antitrust Division of the U.S. Department of Justice enforces foreign antitrust issues in the Federal Court. Riordan has provided its employees with intensive training so they understand it is unlawful for a U.S. firm to pay or offer to pay money or give anything of value to any foreign official for the purpose of obtaining or retaining business. For example, a person charged with violation of the anitbribery provision of this Federal Corrupt Practices Act (FCPA) may try to use the defense that the payment was lawful under the written laws and regulations of the foreign country or that the payment was associated with demonstrating the product. Prosecution under federal criminal laws in the Federal Court can be subject to imprisonment and fines. Riordan personnel are aware that if a person or company is found in violation of the FCPA, they can be banned from doing business with the federal government and can be suspended the right to do business in the U.S. International Business Differences and E–business Restrictions ... Get more on HelpWriting.net ...
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  • 60. The Federal Trade Commission Actively Enforces Antitrust Law The Federal Trade Commission actively enforces antitrust laws to organizations within the healthcare field, including to Physician Hospital Organizations (PHOs). A PHO is a vehicle that enables hospitals and physicians to work cooperatively toward accomplishing several objectives (Physician, 2015). According to Susan Creighton (2004), competitive issues among PHOs can occur when a PHO acts as a contracting arrangement for a network of healthcare providers. The network can consist of groups of physicians, one hospital or several, and also some other entities that offer a bundle of healthcare services to insurance companies and other payors (Creighton, 2004). The FTC states that the core antitrust law principle is that it is illegal for competitors to agree on prices they will charge, except where they come together and integrate in a legitimate joint venture that results in efficiencies or other precompetitive benefits that outweigh the restriction of competition (Creighton, 2004). Agreements that violate the antitrust law can be determined as per se illegal. Per se illegal means that activities, such as horizontal price fixing, or group boycotts, have been conclusively presumed to restrain competition unreasonably even without a study of the market that they occurred in, or an analysis of their actual effect on competition, or their purpose (Burke, et al., 2009). South Georgia Health Partners are an example of a PHO that was charged by the commission on a per se illegal ... Get more on HelpWriting.net ...
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  • 62. Role of the United States Government in the Global... Global Expansion of US Media Industries 1 ROLE OF THE UNITED STATES GOVERNMENT IN THE GLOBAL EXPANSION OF US MEDIA INDUSTRIES by Lunlalit Niyomtas Student ID : 14060193 Global Media 2MED7H3 Professor Daya Thussu School of Media, Arts and Design University of Westminster Global Expansion of US Media Industries 2 Introduction In the recent past, we cannot deny that the media industry has experienced monumental growth both in terms of revenues and global expansion. Like other businesses, such as banking and manufacturing, the media business has enjoyed globalized operations to expand and grow, becoming one of the biggest conglomerates in the world. World media has proactively employed information technology and advancement ... Show more content on Helpwriting.net ... This allowed media businesses to undertake both horizontal and vertical integration. Horizontal integration is where a business diversifies its operation by owning subsidiaries of different sectors (Deloitte 2012). For instance, Time Warner is known print media, news networks and movie productions houses. On the other hand, vertical integration can be defined as businesses owning a business with one main stream of business or practice. Thus, loosening of cross ownership restrictions gave room for business to expand to different units and to the global market. A new approach to media business that emerged was the convergence of business. Convergence of business is where two, proportionately big firms, join to share audience as well as brand names (McChesney 2001). A notable case of convergence in the U.S. media industry was the convergence between AOL and Time Warner. While other convergences have also been experienced, the economic results have been mixed. The AOL merger experienced difficult economic conditions that they later preferred to de–converge. In all loosen restrictions on laws has provided for media to explore all sorts of business arrangement. Zero Government Intervention The United States government has always taken pride in itself as one of the most liberal government in the world. The term liberal has been used in the sense that the government adopts a hands–off policy towards the content and the manner in which media houses are run. To this end, the ... Get more on HelpWriting.net ...
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  • 64. The Current System of Collegiate Athletics and the NCAA The current system of collegiate athletics and the NCAA Meggyesy, David. "Athletes In Big–time College Sport." society 37.3 (2000): 24–28. Print. The NCAA has become a revenue generator as college athletics have become a multi–billion dollar sports entertainment enterprise. The most prominent contradiction with the NCAA is that amateur rules are applied to the athletes, while the rules of the market apply to the university's athletic departments. By classifying athletes as "amateur student athletes" the college athlete labor market does not fall under federal or state antitrust laws or state workers compensation laws. The NCAA member schools are allowed to set the wage for the student athlete and not give benefits to players who suffer injury. Due to the rewards being bestowed onto the NCAA member schools and not the student athletes who produce the product, this system can be described as exploitative. The student athlete receives an athletic scholarship with the intention that student athletes will receive a quality education for four years of athletic service. Though, the low graduation rates among the main revenue sports show that the university does not live up to end its end of the deal. Due to the rising tide of student athlete protests, the NCAA instituted Prop. 48, which changed the four year athletic scholarship to a one year renewable grant. This allowed the athletic departments and head coaches the ability to control a misbehaving player by terminating their ... Get more on HelpWriting.net ...
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  • 66. Intellectual Law Property, Non Compete Agreements And... ꀀꀀ Course: Name Intellectual Law Property, Non–compete Agreements and Contract Formation Non–compete agreements are a necessity in order to define and secure legitimate business interests. Original novels, plays, books, new inventions, an organization's trademark, etc. all original items are granted protection under Intellectual property laws. These laws provide motivation to artistic articulation, empowerment to new advances and innovations with advancing financial development because at the point when people realize that they can take advantage from their innovative work, which will remain secure, they are more inclined to keep up producing things. The three primary components of intellectual property with reference to the business environment given below: Trademarks: A trademark is a unique symbol of a company, which identifies the goods and services of that company and distinguishes them from other companies. Every company has a unique trademark and strict laws are set up against trademark infringement. If any individual or company uses the trademark of the other company then they may have to pay a huge amount or lawful expenses for using someone else's original work without their permission. Industrial Designs: Industrial design is the unique decorative and artistic feature of an organization. Only registered industrial designs are considered legal. An industrial design may be of any shape or size, in a three dimensional figure or any lines, colors ... Get more on HelpWriting.net ...
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  • 68. Ethical Dilemm Conflict Of Interest Ethical Dilemma I – Conflict of Interest A conflict of interest exists when an employee's duty to give his or her individual business loyalty to the Company may be prejudiced by actual or potential personal benefit arising from another source. While not presuming to restrict the right of individuals to passively invest or participate in other business ventures, the Company is concerned where those interests might lead to conflicting interests on the part of the individual. For example, a conflict of interest may arise when a director takes actions or has interests that may make it difficult to perform his/her work for the Company objectively and effectively. These conflicts of interest arise when a director, or member of the director's family, receives improper personal benefits because of the director's position with the Company. These benefits may include Gifts, Entertainment and Gratuities. Based on the procedures mentioned in our text book, our moral choices should take into account our specific duties, any essential ideals that our actions would support or weaken, and, finally, the effects or consequences of the different options open to us. In taking into consideration the last part of the above statement, remember that even loyal non–consequentialists recognize that the likely results of our actions are relevant to their moral assessment and that we have some duty to promote human well–being (Shaw 402). Determining the morality of giving and receiving gifts in a ... Get more on HelpWriting.net ...
  • 69.
  • 70. Essay on Ethical Issues on Immigration Ethical Issues on Immigration There are many issues in the United States. Some of them are more distraught than others. One issue that has recently had a lot of controversy would be immigration laws. Should we put a stop to immigrants coming over United States boarders? Should the immigrants already in the U.S.A. be allowed to stay? These are some questions being asked by today's society. Immigrants are not all bad; some are very useful to the United States. In society today, it is easy for some people to find issues with immigrants in America, but people also need to remember America was formed by immigrants. Immigrants come from all over the world. Some immigrants are legal and some are not. "According to the Census Bureau, in ... Show more content on Helpwriting.net ... Utilitarian's feel that solving the problem is by making the majority happy. But what if the majority is illegal immigrants, then the Americans get overruled and there is no solution. By passing laws that prevent illegal immigrants coming over the boarder it does not please everyone. It is hard for the government to find a solution that would please everyone. Many people feel that the only way to solve this problem would be to stop all immigrants from crossing the U.S. boarder. Then what does the United States become? It does not stay what America is supposed to be a land of opportunity. By passing laws that does not please everyone there will always be some conflict. There will always be that one person that does not agree with what the American government decides to do. Relativist feels that as long as people have different views, then those views should be put into consideration. Some people are for immigration and some are strongly against it. Immigration is a good thing it helps expand our market and provides more laborers. One thing that some people believe to be a positive factor in illegal immigration is, illegal immigrants that come to America and begin working and pay taxes but do not use any other benefits that tax payers in America use. According to Nofziger (2010), "While undocumented workers have extreme difficulty accessing services, they still ... Get more on HelpWriting.net ...
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  • 72. Federal Trade Commission And Dental Examiners Introduction Last February, the Supreme Court issued its opinion in North Carolina State Board of Dental Examiners v. Federal Trade Commission (Dental Examiners). The case concerned the Board's decision to stop teeth whitening services by non–dentists in the state. The Federal Trade Commission alleged that the Board had violated antitrust laws by attempting to limit competition by its teeth whitening decision. State entities such as the Board generally were thought to have immunity from antitrust laws, but the Supreme Court's decision reversed this long–held belief and found that state boards could be held liability if certain conditions were met. The major condition was that the board be made up of a majority of active market ... Show more content on Helpwriting.net ... Finally, the second part will address how states have responded to Dental Examiners, and what Kansas can do to address the decision. Background To be understand the Dental Examiners decision, it is important to understand the legal background for the case. To do this, we first have to examine the broader area of law that surrounds antitrust liability. Secondly, we need to examine the Parker doctrine, which creates antitrust immunity for states. Finally, we need to look at Dental Examiners itself and its background. Antitrust Liability A preliminary question is what is antirust liability? While there are other statutes, the Sherman Antitrust Act is the signature law prohibiting antitrust activity. The act defines antitrust activity as any "restraint of trade or commerce." It also prevents persons from monopolizing or attempting to monopolizing trade. The act is only concerned with restrains of trade that are "unreasonably restrictive of competitive conditions." A secondary requirement is that there be "concerted action," which requires more than unilateral behavior by individual actors. Examples of antitrust violations include price–fixing, allocations of territory or customers, and exclusive dealing agreements. Antitrust laws can be enforced either through actions brought by ... Get more on HelpWriting.net ...
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  • 74. The Political And Legal Aspects Of International Marketing The Political and Legal Aspects in Relation to Domestic and International Environment of Halal Products Submitted by: Jessa Loreta Billano, 1338020 Submitted to: Dr. Syed M. Ahmed 10 August 2016 Executive Summary The advent of globalisation in the last two decades had an immense impact to the political and legal environments which are essential aspects in international marketing. As there is no existing single political and legal environment because of its complexity on a variety of levels, the political and legal environment will be referred to as one concept in this paper. The political and legal aspects will be discussed in relation to the domestic and international environment. In order to have a grasp of the factors at play, this paper will use the Islamic law's enforcement of halal regulations as an example. This paper will highlight the issues in the domestic environment such as social and environmental concerns, intellectual property rights, and export and import controls. It will also show how the absence of a unified halal standard in the international level magnifies the importance to be aware of domestic certification bodies and unstable domestic laws and regulations. Review International Marketing and the Role of Globalisation Czinkota et al. (2014) concisely define international marketing as the "process of planning and conducting transactions across national borders to create exchanges that satisfy the ... Get more on HelpWriting.net ...
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  • 76. Essay on Major Federal Anti-trusth Laws in the United States The anti–trust laws were set in place to promote vigorous competition but also to protect the consumer from unfair mergers and business practices. The first antitrust law that was passed by Congress is called the Sherman Act and is a "comprehensive charter of economic liberty aimed at preserving free and unfettered competition as the rule of trade" according to www.FTC.gov . Later in 1914 Congress passed two more laws, one creating the Federal Trade Commission Act (FTCA) and then the Clayton Act, which now create the three core federal antitrust laws that are still active currently. Although they have changed over the last hundred years, they still have the same concept: "to protect the process of competition for the benefit of consumers, ... Show more content on Helpwriting.net ... This is just one example of many where the Clayton Act was used to minimize the monopoly of one product. The last antitrust law is the Federal Trade Commission Act (FTCA) that also does not carry any criminal penalties although it did create the Federal Trade Commission to monitor possible violators of this act. . I believe that the Sherman Act, Clayton Act and antitrust laws that are in place are effective because of the lawsuits that have taken place due to companies breaking the laws. My first example regarding how the laws are effective is the case of Certegy Check Services, Inc.'s lawsuit in 2013. "Certegy is one of the nation's largest check authorization service companies" (Katz, Mitchell 2013) in our nation based in St. Petersburg, Fl. The company helps retail merchants determine whether or not to accept the consumers check. The consumers are allowed to dispute the information that Certegy may have that is incorrect due to the fact that this has a huge impact on their life, determining their eligibility to get credit cards or pay for services such as cell phones. The complaint that was filed against Certegy stated that the company "did not follow proper dispute procedures among other allegations" as stated by Katz, Mitchell in his article on the lawsuit. The company violated FCRA by not creating a process that allows the consumers to obtain their free annual reports, which ... Get more on HelpWriting.net ...
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  • 78. National Collegiate Athletic Association : Basketball... Important Facts On July 21, 2009, former University of California at Los Angeles (UCLA) basketball star, Edward O'Bannon, Jr filed suit against the National Collegiate Athletic Association (NCAA), Electronic Arts (EA) and Collegiate Licensing Company (CLC) over the use of former and current players' images in DVD's, video games, photographs, apparel and other material while prohibiting current and former Division 1 NCAA players from receiving any compensation. Mr. O'Bannon believed this is a violation of the Sherman Antitrust Act (1890). The NCAA disagrees with the charges as presented and stated that the rules regarding compensation to student athletes are necessary to protect collegiate sports and the educational mission of the colleges involved. The NCAA was established in 1950 and currently has over 1,100 colleges. The NCAA has a broad range of rules, but for the purposes of the case, the rules in question deals with eligibility requirements, the number and size of scholarships each school can offer, and whether the student athletes can be compensated and for what they can be compensated for. All of these variables are under the strict control and decision of the NCAA, which currently states that student athletes cannot receive compensation outside of the set rules. The student athletes are considered as being compensated by scholarships and higher education but are limited to compensation that require the student's athletic skills to be performed outside of ... Get more on HelpWriting.net ...