Government restrictions on food portions Hook- Drinking chemicals and eating without seeking a source of nourishment has been a part of the normal everyday cycle, will a downsize help a little? Background information- Fast-food restaurant chains have gone from big portions to enormous portions and it keeps increasing. Statistics show the average American calorie intake has gone 20 percent since 1970, which took it from 2,160 calories to 2,673 daily calories per person. Both plate sizes and portions sizes have increased, even the cups have supersized. Food is fuel for the body, and fast food is not necessarily bad but in most cases it is highly processed and contains large amounts of sugars, unhealthy fats, sodium and carbohydrates. Even though fast food is very high in calories, yet it serves little or no nutritional value. Diseases have increased greatly in number, approximately 10 percent of American adults were classified obese in the 1950’s and in 2012 the CDC reported an approximate 35 percent. The costs of obesity are currently estimated $190 billion per year, and that is more than what is spent on health care for smoking. Fast food is generally more affordable and faster to have and consume, but having high quality foods are more valuable for the body than portion size. Other problems that are associated with low quality food options are laziness, depression, high blood pressure, diabetes and many others. Thesis- Governments should have restrictions on low nutrient foods and guide people and families to choose a variety of good food options to serve individuals and families. People should eat what energizes them, and not what makes them lazy or sleepy. Claim 1 – (Growing up) Children do not always understand the health consequences of their eating habits and junk food may appear appetizing and appealing. When they are the choice to eat as much as they want of desserts or chips or candies, children tend to eat more junk food and less fruits and vegetables. They artificial sweeteners can maintain a craving for sweets. Children find the colors and logos of fast food restaurants interesting and easy to spot and remember in a public area, especially when there is an advertisement that is directly for children. However, children that regularly consume fattening fast food can get addicted and this habit could lead to diseases such as obesity, low-self esteem, chronic illness and depression. It can also affect their academic and physical performance. Children learn eating habits from the family table. Evidence (3) (Laziness) According to Women’s and Children Health Network, diet has an important effect on children’s study habits. Food options with higher level of sugar can lower the ability to concentrate for a longer period of time, which is needed in school. Physical activity is crucial for everyone and eating junk food on a regular basis does not provide the nutrients needed for sufficient energy level to engage and perform in physical ...

1. Government restrictions on food portions
Hook- Drinking chemicals and eating without seeking a source
of nourishment has been a part of the normal everyday cycle,
will a downsize help a little?
Background information- Fast-food restaurant chains have gone
from big portions to enormous portions and it keeps increasing.
Statistics show the average American calorie intake has gone 20
percent since 1970, which took it from 2,160 calories to 2,673
daily calories per person. Both plate sizes and portions sizes
have increased, even the cups have supersized. Food is fuel for
the body, and fast food is not necessarily bad but in most cases
it is highly processed and contains large amounts of sugars,
unhealthy fats, sodium and carbohydrates. Even though fast
food is very high in calories, yet it serves little or no nutritional
value. Diseases have increased greatly in number,
approximately 10 percent of American adults were classified
obese in the 1950’s and in 2012 the CDC reported an
approximate 35 percent. The costs of obesity are currently
estimated $190 billion per year, and that is more than what is
spent on health care for smoking. Fast food is generally more
affordable and faster to have and consume, but having high
quality foods are more valuable for the body than portion size.
Other problems that are associated with low quality food
options are laziness, depression, high blood pressure, diabetes
and many others.
Thesis- Governments should have restrictions on low nutrient
foods and guide people and families to choose a variety of good
food options to serve individuals and families. People should
eat what energizes them, and not what makes them lazy or
sleepy.
Claim 1 – (Growing up) Children do not always understand the

2. health consequences of their eating habits and junk food may
appear appetizing and appealing. When they are the choice to
eat as much as they want of desserts or chips or candies,
children tend to eat more junk food and less fruits and
vegetables. They artificial sweeteners can maintain a craving
for sweets. Children find the colors and logos of fast food
restaurants interesting and easy to spot and remember in a
public area, especially when there is an advertisement that is
directly for children. However, children that regularly consume
fattening fast food can get addicted and this habit could lead to
diseases such as obesity, low-self esteem, chronic illness and
depression. It can also affect their academic and physical
performance.
Children learn eating habits from the family table.
Evidence (3) (Laziness) According to Women’s and Children
Health Network, diet has an important effect on children’s study
habits. Food options with higher level of sugar can lower the
ability to concentrate for a longer period of time, which is
needed in school. Physical activity is crucial for everyone and
eating junk food on a regular basis does not provide the
nutrients needed for sufficient energy level to engage and
perform in physical activities. Lacking in physical activity can
lower physical and mental performance and wellbeing.
Claim 2 – (Soda/Junk food) A UCLA psychology study provides
evidence that being overweight makes people lazy. The study
provided the evidence by placing 32 female rats on one of two
diets for six months. The first diet was a standard rat’s diet, it
consisted of unprocessed foods like ground corn, and the second
diet was highly processed with lower quality and more sugar.
After 3 months from the experiment, the scientists observed a
huge difference in the rat’s weights and the rats with the second
diet were noticeably fatter. They also took longer breaks from
meals, and showed less energy.
Evidence (3) (No nutrition) Unlike fruits or vegetables, junk
food has little or no fiber and lack hundreds of phytonutrients

3. that are consumed when eating fruits and vegetables.
Consuming big portions of fast food can increase the intake of
trans fat, which raises the bad cholesterol in the body and
lowers the good cholesterol levels in the body, and eating in
larger amounts could increase the risk of developing heart
disease and stroke. It also has a high risk of developing type 2
diabetes, which 29.1 million people are diagnosed with in The
United States. Eating fast food once in a while would not affect
health, but the diet only consisted of fast food then ending up
with a vitamin deficiency might be a probability. Most
restaurants are fast food restaurants, and having an alternative
option seem quiet hard or costly. Fast food chains do not care
about someone’s diet, and they ask if you would like to upsize,
those meals do not provide with the necessary nutrients needed
in a diet and they are mostly processed and even contain
genetically modified ingredients.
Claim 3 – Candies/Dessert
Evidence (3) High sugar/fructose
Opposing View 1 – Fast metabolism
Refutation 1 not meant to consume junk
Opposing View 2 – Lots of calories to burn
Refutation 2 Laziness increases and obesity
Conclusion –

4. References
http://www.wsj.com/articles/SB10001424127887323741004578
419031512580080
http://www.livestrong.com/article/383621-statistics-of-health-
risks-from-eating-fast-food/
http://www.huffingtonpost.com/2013/12/05/eating-healthy-vs-
unhealthy_n_4383633.html
http://www.yourweightmatters.org/portion-sizes-changed-time/
http://greatist.com/health/should-government-regulate-portions-
our-experts-weigh
http://www.fitday.com/fitness-articles/nutrition/healthy-
eating/5-reasons-why-you-should-say-no-to-buying-soda.html
http://newsroom.ucla.edu/releases/does-a-junk-food-diet-make-
you-lazy-ucla-psychology-study-offers-answer
http://healthyeating.sfgate.com/junk-food-affects-children-
5985.html
Case Analysis
· Post a brief case analysis of a listed problem for the week in
the corresponding weeks assignment dropbox. The case
assignments will be posted by professor in the Announcements
each week. In a large class some students may have duplicate
cases assigned to other students.
· The assignment should consist of a presentable and
entertaining presentation (Power Point or other medium) and
will be delivered in some form of participative medium
(webex/on-site/or alternative as determined by professor) . It
should include a summary of the relevant facts, the law, judicial
opinion and answer the case questions. All that is necessary for
an understanding of the case is important and required.
· The report must go beyond the discussion of the problem

5. posed in the textbook, to achieve a superior grade. Do research
outside the textbook- this must include research outside the case
citation such as the Lexus-Nexis in the DeVry Library or
FindLaw.com, do research on the parties and circumstances of
the case itself and incorporate some audio-visual modality as a
part of the case analysis.something about one of the parties, as
well as some background contained in the legal opinion. Doing
significant research outside the textbook is essential.
· Utilize the case format below.
· Your grade comes from the content contained on the actual
submission.
Case Analysis Format
1. Read and understand the case or question assigned. Show
your Analysis and Reasoning and make it clear you understand
the material. Be sure to incorporate the concepts of the chapter
we are studying to show your reasoning. Dedicate at least one
heading to each following outline topic:
Parties [Identify the plaintiff and the defendant]
Facts [Summarize only those facts critical to the outcome of the
case]
Procedure [Who brought the appeal? What was the outcome in
the lower court(s)?]
Issue [Note the central question or questions on which the case
turns]
Explain the applicable law(s). Use the textbook here. The law
should come from the same chapter as the case. Be sure to use
citations from the textbook including page numbers.
Holding [How did the court resolve the issue(s)? Who won?]
Reasoning [Explain the logic that supported the court's
decision]
2. Do significant research outside of the book and demonstrate
that you have in a very obvious way. This refers to research
beyond the legal research. This involves something about the
parties or other interesting related area. Show something you
have discovered about the case, parties or other important
element from your own research. Be sure this is obvious and

6. adds value beyond the legal reasoning of the case.
3. Dedicate 1 slide to each of the case question(s) immediately
following the case, if there are any. Be sure to state and fully
answer the questions in the presentation.
4. Quality in terms of substance, form, grammar and context. Be
entertaining! Use excellent audio-visual material and
backgrounds!
5. Wrap up with a Conclusion slide. This should summarize the
key aspects of the decision and also your recommendations on
the court's ruling.
6. Include citations on the slides and a reference slide with your
sources. Use APA style citations and references.
Submit your assignment to the Dropbox, located at the top of
this page. For instructions on how to use the Dropbox, read
these step-by-step instructions.
See the Syllabus section "Due Dates for Assignments & Exams"
for due date information.

7. CASE 19-1
Cassandra Jenkins v. American Express Financial Corp.
Supreme Court of Minnesota 721 N.W.2d 286 (2006)
Cassandra Jenkins worked as an insurance specialist for
American Express Financial Corporation. After being convicted
of assaulting a nurse in 2004, she was sentenced to 30 days in
jail, with work-release privileges scheduled to begin on April
18, 2004. Prior to serving her sentence, Jenkins notified her
supervisor, Joel Hansen, of her conviction, sentence, and work-
release privileges. Hansen said that Jenkins could continue her
employment while on work release. When Jenkins reported to
the workhouse on April 18, 2004, she discovered that her
employer had not verified her employment. She attempted to
contact Hansen multiple times, but he never verified her
employment and then terminated her employment for

8. absenteeism on April 26. Jenkins filed for unemployment
benefits but was denied because the department adjudicator
determined that Jenkins had been discharged by her employer
for misconduct. Jenkins appealed, but the unemployment law
judge (ULJ) upheld the denial of unemployment benefits.
Jenkins appealed to the court of appeals, which affirmed the
department’s decision. Jenkins appealed to the Minnesota
Supreme Court.
Justice Meyer
Whether an employee has engaged in conduct that disqualifies
him from unemployment benefits is a mixed question of fact and
law. Specifically, the determination of whether an employee
was properly disqualified from receipt of unemployment
compensation benefits is a question of law on which we are free
to exercise our independent judgment.
An otherwise eligible employee will be disqualified from the
receipt of unemployment benefits for a variety of reasons,
including a discharge for employment misconduct. Employment
misconduct is defined as “any intentional, negligent, or
indifferent conduct, on the job or off the job (1) that evinces a
serious violation of the standards of behavior the employer has
the right to reasonably expect of the employee, or (2) that
demonstrates a substantial lack of concern for the employment.”
Absence from work under circumstances within the control of
the employee, including incarceration following a conviction
for a crime, has been determined to be misconduct sufficient to
deny benefits. Importantly, though, we declined to adopt a rule
that absenteeism resulting from incarceration was misconduct as
a matter of law. Instead, we directed the agency to base its
determinations “upon the facts in each particular case, [leaving]
the commissioner … with the responsibility of finding the facts
as to ‘good cause’ and ‘fault’ within the intent and purpose of

9. the act.”
We turn to the facts of this case to determine whether the
employee engaged in misconduct. The first statutory definition
of misconduct is conduct “that evinces a serious violation of the
standards of behavior the employer has the right to reasonably
expect of the employee.” This definition is an objective
determination: was the employer’s expectation for the employee
reasonable under the circumstances? The court of appeals
applied this definition and determined that because the
absenteeism resulted from Jenkins’ criminal conviction it was
misconduct because American Express was not obligated to
verify Jenkins’ employment. The employer in this case does not
argue that Jenkins’ off-the-job behavior violated its standard of
behavior for its employees. Rather, the employer contends that
it was the simple fact of Jenkins’ failure to report to work that
violated the employer’s reasonable expectation.
But the facts here lead us to conclude that it was unreasonable
for the employer to expect Jenkins to report to work by April
26: the employer allowed Jenkins to continue working between
the time of her conviction in March and the time she reported to
the workhouse in April; the employer knew in advance of April
18 that Jenkins would be able to participate in a work-release
program if the employer verified her employment; the employer
told Jenkins that employees in the past had been allowed to
participate in work-release programs; the employer told Jenkins
that she would be able to continue working while she served her
sentence; Jenkins and others provided the employer with the
name and phone number of the person to contact to verify
Jenkins’ employment; and the employer failed to verify Jenkins’
employment despite good faith efforts on the part of Jenkins
and others to obtain the verification.
Jenkins’ case is distinguishable from cases in which
absenteeism due to incarceration was found to be misconduct:

10. Grushus v. Minnesota Mining and Mfg. Co.; Smith v. American
Indian Chemical Dependency Diversion Project; and Smith v.
Industrial Claim Appeals Office of the State of Colorado. In all
three of those cases, the claimant simply failed to show up at
work because he had been incarcerated. In both of the Smith
cases, the claimant did not contact his employer until after he
had missed work because he had been incarcerated. The Grushus
case also involved deception to the employer as to the reasons
for the claimant’s inability to return to work.
For the above reasons, we conclude that the first statutory
definition of misconduct relied on by the court of appeals is not
satisfied.
The second statutory definition of misconduct is whether the
employee “demonstrate[d] a substantial lack of concern for
[her] employment.” Committing a crime that results in a period
of incarceration may be evidence that an employee lacked
concern for her employment. In this case, however, there is
substantial evidence that Jenkins’ inability to report to work
was not caused by a substantial lack of concern for her
employment. The record establishes that Jenkins made diligent
efforts to report to work. She informed her employer of her
conviction and the availability of work release to allow her to
continue her employment; she obtained a verbal assurance from
the employer that the employer would cooperate with the work-
release program; as soon as she became aware that she would
not be able to report to work because her employment had not
been verified, she made every effort to contact the employer;
and she provided her employer with the necessary information
to permit her release from the workhouse. The evidence as a
whole amply demonstrates that she engaged in significant
attempts to report for work and continue her employment. Her
conduct does not demonstrate a substantial lack of concern for
her employment.

11. We hold that under the facts presented, Jenkins’ absence from
work was not misconduct that disqualified her from receiving
unemployment benefits.
Reversed in favor of the Appellant, Cassandra Jenkins.
Consolidated Omnibus Budget Reconciliation Act of 1985
The Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA) ensures that employees who lose their jobs or have
their hours reduced to a level at which they are no longer
eligible to receive medical, dental, or optical benefits can
continue receiving benefits for themselves and their dependents
under the employer’s policy. By paying the premiums for the
policy, plus up to a 2 percent administration fee, employees can
maintain the coverage for up to 18 months, or 29 months for a
disabled worker. Employees have 60 days after their coverage
would ordinarily terminate to decide whether to maintain the
coverage.
This obligation does not arise if the employee was fired for
gross misconduct or if the employer decides to eliminate the
benefit for all current employees. Employers who refuse to
comply with the law may be required to pay up to 10 percent of
the annual cost of the group plan or $500,000, whichever is
less.
Workers’ Compensation Laws
Unlike many other laws affecting the employment relationship,
workers’ compensation legislation is purely state law. Our
coverage of this topic must, therefore, be rather generalized.
Prudent businesspeople will familiarize themselves with the
workers’ compensation statutes of the states within which their
companies operate.
COVERAGE
Workers’ compensation laws provide financial compensation to

12. employees or their dependents when the covered employee of a
covered employer is injured on the job. For administrative
convenience, most states exclude certain types of businesses
and small firms from coverage. A few states also allow
employers to “opt out” of the system. These states may likewise
give the employee the opportunity to reject coverage.
workers’ compensation laws State laws that provide financial
compensation to covered employees or their dependents when
employees are injured on the job.
Workers’ compensation is said to be “no fault” because
recovery does not depend on showing that the injury was caused
by an error of the employer. Think of workers’ compensation as
analogous to insurance: The employer pays premiums based on
the frequency of accidents in the employer’s business, and the
employees receive insurance-like benefits if injured.
To recover workers’ compensation benefits, the injured party
must demonstrate that she or he is an employee as opposed to
being an independent contractor. This distinction, discussed in
Chapter 14, is based on the degree of control the employer can
exert over the worker: The greater the degree of control, the
more likely it is that the party will be considered an employee.
Factors showing employer control include the employer’s
dictating how the job is to be done, providing the tools to do the
job, and setting the worker’s schedule. In contrast, in employer-
independent contractor relationships, the employer generally
specifies the task to be accomplished but has no control over
how the task is done. A broker hired by a firm to sell a piece of
property is an example of an independent contractor.
The employee must also establish that the injury occurred on
the job, meaning it must have taken place during the time and
within the scope of the claimant’s employment. Once an
employee is on company property, the courts generally find that

13. the employee was on the job, a finding based on the application
of the so-called premises rule.
More difficult, however, is the situation of the employee who is
injured on the way to or from work. If the employee works fixed
hours at a fixed location, injuries on the way to or from work
are generally noncompensable; but some states establish
exceptions to this rule. For example, the special-hazards
exception applies when a necessary means of access to the
employer’s premises presents a special risk, even if the
hazardous area is beyond the control of the employer. For
example, if an employee must make a left-hand turn across a
busy thoroughfare to enter the company parking lot, this
situation has been held to be a risk of employment; therefore,
employees involved in accidents while making the left-hand
turn into their employer’s parking lot have been allowed
compensation under this exception.
Another exception is when an employee is requested to run an
errand for the employer on the way to or from work.
Compensation is usually allowed for injuries sustained during
the course of running the errand.
Sometimes, as a consequence of the job, an employee is forced
to temporarily stay away from home. What if the employee is
injured while away from home? In some states, reasonable
injuries suffered while away from work are covered. In a New
York case, a typist was required to travel to Canada to
transcribe depositions. While showering in her hotel, she fell
and injured herself. She filed a successful workers’
compensation claim.
The elements necessary for recovery under workers’
compensation laws are summarized in Exhibit 19-2.