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Sai Priya
The time flies, and it has been two centuries that the world has
been digitalized and people are browsing content every minute
across the world. The web browsers utilize HTML5 to build the
content that everyone is watching on their digital devices.
Digital devices have also advanced, and the screen sizes come
in multiple shapes and sizes, but HTML5 helps fit the content to
all types of screens.
Mobile applications are the primary source of content
browsing in this new era. If a web page needs to be developed,
it must fit a computer, laptop, iPhone and Android devices. The
HTML5 has to support the type of devices, and the web page
must be able to host multimedia content. HTML5 is now able to
support all multimedia content and all types of devices. Usually,
only flash-based development supports these features and is
only available for laptops or computer types. HTML5 is the
20th-anniversary release from HTML dominating the flash-
based development.
HTML5 entry has made development ease and helps
eliminate redundancy development of single use-case for
various digital devices (Cai & Yang, 2020). HTML5 also has
features for drawing 3D models and graphics for canvas objects,
reducing the project cost for investing in other drawing software
(Cai & Yang, 2020). IndexedDB can be used as a browser
database by any HTML5 browser (Kimak, Ellman, & Jeremy,
2015). The necessity to use the indexedDB’s raised with the
increase in the usage of the eCommerce. Customer loads
product catalogue from the server wants to save the products or
preferences of the products for a while. So with the need to
understand the customer and improve their experience, better
businesses started using indexedDB’s to store the user data at
the client-side temporarily. Also, the security of the data has
become an essential aspect for businesses. With the
indexedDB’s help, all the present and future security threats can
be minimized to store the client data at the client-side using the
indexedDB (Kimak, Ellman, & Jeremy, 2015). The most
exciting feature of the indexed DB is a NoSQL database and a
key-value data taken from the browser. With the help of the
WebSQL, the database can be queried and in the javascript.
Different kinds of objects like javascript objects, files, bl ob
type, images can be stored in this database without additional
programming requirement. This flexibility of providing local
storage, persistence, good storage ability, and reducing the
need for more network calls makes this the best storage for the
browser.
References
Cai, L., & Yang, G. (2020). Development and Practice of
Virtual Experiment Platform Based on Blender and HTML5--
Taking Computer Assembly and Maintenance as An
example*. Journal of physics, 32034.
Jamsa, K. (2012). Cloud ComputingSaaS, PaaS, IaaS,
virtualization, business models, mobile, security and
more. Burlington, MA: Jones & Bartlett Learning.
Kimak, S., Ellman, & Jeremy. (2015). The role of HTML5
IndexedDB, the past, present and. 2015 10thInternational
Conference for Internet Technology and Secured Transactions
(ICITST), 379-383.
Monika
List five to ten potential relationships that align with the Pareto
principle, such as how 80 percent of sales come from 20 percent
of customers.
Let's first understand what the Pareto principle is and where it
came from. So, Vilfredo Pareto, an Italian economist, noted that
80% of Italy's land is owned by only 20% of the people. After
paying attention to this, he started observing this ratio and
applying it in every area, and he called it as 80:20 cause-to-
effect ratio, which means that 80% of the effects come from
20% of reasons or causes. This was then known as Pareto
Principle (Mohamed,2018).
1)This principle is applied pretty much in every field, we read
the marketing funnel, and we see that the significant portion of
the sales is driven by 20% of the customers; that is why
customer retention is way more important than customer
acquisition since people who are driving sales and will continue
to do so are way more valuable for the company than the new
customers whose shopping patterns for the brand is unknown.
2)In project management, we always see the 80% of the
problems are caused by 20% of the projects, as a few projects
are way harder than the others.
3)If we talk about management and the work done by a team, we
always see that the top performers do most of the work, and
they are way ahead of the others
4) In the case of software, 80% of the problems are usually
created because 20% of the bugs
5) We had already discussed the customer's acquisition, but we
know that 80% of the sales are driven by 20% of the best-
selling products if we talk about the products.
We are again using the same principle, the salespeople
responsible for sales. Out of all the salespeople, only 20% of
them are the best and bring a significant portion of the
company's revenue.
In customer satisfaction, we all would have seen that 80% of the
complaints come from 20% of the customers
(Subramanian,2018).
To sum up, the 80/20 rule can provide a solid structure for your
sales and marketing goals. Whether it affects your customers,
salesmen, or business resources, it may be meriting your while
to choose the Pareto Principle in your company's business
performance.
6)If we see the wealth proportion, it's clear that 80% of the
wealth is owned by only 20% of the folks.
References
Subramanian, N., & Jeyaraj, A. (2018). Recent security
challenges in cloud computing. Computers & Electrical
Engineering, 71, 28-42.
Abdel-Basset, M., Mohamed, M., & Chang, V. (2018). NMCDA:
A framework for evaluating cloud computing services. Future
Generation Computer Systems, 86, 12-29.
1
David P. Twomey – Boston College
Marianne M. Jennings – Arizona State University
Stephanie Greene – Boston College
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2017 Cengage Learning. All Rights Reserved.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
2
Chapter 7
Crimes
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
LEARNING OUTCOMES
Discuss the nature and classification of crimes
Describe the basis of criminal liability
Identify who is responsible for criminal acts
Explain the penalties for crimes and the sentencing for
corporate crimes
List examples of white-collar crimes and their elements
3
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
LEARNING OUTCOMES
Describe the common law crimes
Discuss crimes related to computers
Describe the rights of businesses charged with crimes and the
constitutional protections afforded them
4
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
5
7-1 General Principles
7-1a Nature and Classification of Crimes
A crime is conduct that is prohibited and punished by a
government.
Classified as common law or statutory
Misdemeanors are punishable by less than one year in prison.
Felonies are punishable by more than one year in prison.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
5
6
7-1 General Principles
7-1b Basis of Criminal Liability
Mental State
Act or Omission (actus reus)
7-1c Responsibility for Criminal Acts
Corporate liability: Corporations are held liable for the acts of
their employees.
Officers and Agents of Corporations: Can be liable for
employees’ conduct if they knew and failed to act.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
6
7
7-1 General Principles
7-1c Responsibility for Criminal Acts, Continued
Federal Laws Targeting Officer and Director Criminal
Responsibility: Penalties and jail terms have increased, but
there must be proof of fraud.
Penalty for Crime: Forfeiture
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
7
8
7-1 General Principles
7-1c Responsibility for Criminal Acts, Continued
Penalties for Business/White-Collar Crimes
Computing New Penalties for Corporations
Corporate Integrity Agreements
Federal Sentencing Guidelines
Officer and Executive Banishment from Business Fields
Mandatory Sentences for Officers of Corporations Who
Mastermind Crimes
Sarbanes-Oxley Reforms to Criminal Penalties
Creative Penalties for White-Collar Crime
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
8
9
7-1 General Principles
7-1d Indemnification of Crime Victims
Penalties are paid to the government, who may use fines to
assist victims.
Defendants may be ordered to pay restitution.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
9
10
7-2 White-Collar Crimes
7-2a Conspiracies
Agreements to commit an unlawful act
7-2b Money Laundering
Money Laundering Control Act prohibits knowingly
participating in a financial transaction designed to conceal the
source of the funds.
The Patriot Act expands coverage to all financial transactions.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
10
11
7-2 White-Collar Crimes
7-2c Racketeering
Racketeer Influenced and Corrupt Organizations (RICO) Act:
Designed to prevent those involved in organized crime from
investing money obtained through racketeering in legitimate
businesses.
Criminal and Civil Applications
Expanding Usage: Predicate act, qualifying underlying offense.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
11
12
7-2 White-Collar Crimes
7-2d Bribery
The act of giving money, property, or a benefit to a person to
influence their judgment
7-2e Commercial Bribery
An agent for another is paid or given something of value to
make a decision on behalf of the principal that benefits the
party paying the agent.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
12
13
7-2 White-Collar Crimes
7-2f Extortion and Blackmail
Extortion: When a public officer makes an illegal demand.
Blackmail: Extortion demands made by a nonpublic official.
7-2g Corrupt Influence
Improper Political Influence
Foreign Corrupt Practice Act: Federal antibribery and
anticorruption statute.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
13
14
7-2 White-Collar Crimes
7-2h Counterfeiting
The fraudulent making of a document or coin that appears to be
genuine but is not
7-2i Forgery
Fraudulent making or material altering of an instrument that
attempts to create or change a legal liability of another
Uttering: Issuing or delivering the forged instrument.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
14
15
7-2 White-Collar Crimes
7-2j Perjury
Knowingly giving false testimony in a judicial proceeding under
oath
7-2k False Claims and Pretenses
False Claims
Obtaining Goods by False Pretenses
False Information Submitted to Banks
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
15
16
7-2 White-Collar Crimes
7-2l Bad Checks
Passing a check with intent to defraud or knowing that there are
insufficient funds
7-2m Credit Card Crimes
Stealing a credit card, possessing the card of another without
that person’s consent
7-2n Embezzlement
Fraudulent conversion of another’s property
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
16
17
7-2 White-Collar Crimes
7-2o Obstruction of Justice: Sarbanes-Oxley (SOX)
Altering, destroying, falsifying with intent to obstruct the
administration of any matter within the jurisdiction of any U.S.
department of agency
7-2p Corporate Fraud (SOX)
A new form of mail/wire fraud, corporate officers must certify
financial statements when issued
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
17
18
7-2 White-Collar Crimes
7-2q The Common Law Crimes
Larceny: Taking another’s personal property with fraudulent
intent.
Robbery: Taking personal property from the victim by force or
threat.
Burglary: Breaking and entering the dwelling of another to
commit a felony.
Arson: Malicious burning.
Riots and Civil Disorders
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
18
19
7-3 Criminal Law and the Computer
7-3a What is a Computer Crime?
A crime that can be committed only by a person having some
knowledge of the operation of a computer
7-3b The Computer as Victim
Theft of Hardware
Theft of Software
Intentional Damage
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
19
20
7-3 Criminal Law and the Computer
7-3c Unauthorized Use of Computers
The unlawful use of a computer belonging to someone else
7-3d Computer Raiding
Taking information from a computer without the consent of the
owner
7-3e Diverted Delivery by Computer
Using a computer to misdirect deliveries
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
20
21
7-3 Criminal Law and the Computer
7-3f Economic Espionage by Computer
The Economic Espionage Act: Stealing or communicating a
trade secret.
7-3g Electronic Fund Transfer Crimes
The Electronic Fund Transfers Act: Using a counterfeit or
stolen card to obtain money or goods in excess of a specified
amount through an electronic fund transfer system.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
21
22
7-3 Criminal Law and the Computer
7-3h Circumventing Copyright Protection Devices Via
Computer
The Digital Millennium Copyright Act: Circumventing
encryption on copyrighted material.
7-3i Spamming
Controlling the Assault of Non-Solicited Pornography and
Marketing Act: Allows companies to bring suit against
spammers.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
22
23
7-4 Criminal Procedure Rights for Businesses
7-4a Fourth Amendment Rights for Businesses
Search and Seizure: Warrants: Government agencies must obtain
warrants before searching and seizing property.
Exceptions to the Warrant Requirement
Emergencies and plain view
Business Records and Searches
Protections for Privileged Records and Documents
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
23
24
7-4 Criminal Procedure Rights for Businesses
7-4b Fifth Amendment Self-Incrimination Rights for Businesses
Self-Incrimination: Applies to individuals only, not businesses.
Miranda Rights: Warnings given to those who face custodial
interrogation for criminal proceedings.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
24
25
7-4 Criminal Procedure Rights for Businesses
7-4c Due Process Rights for Businesses
Due Process: The right to be heard, question witnesses, and
present evidence before any criminal conviction.
Sixth Amendment: Guarantees that the entire process will be
completed in a timely fashion because this amendment
guarantees a speedy trial.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
25
1
David P. Twomey – Boston College
Marianne M. Jennings – Arizona State University
Stephanie Greene – Boston College
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2014 Cengage Learning. All Rights Reserved. May not be
copied, scanned, or duplicated, in whole or in part, except for
use as permitted in a license distributed with a certain product
or service or otherwise on a password-protected website for
classroom use.
Twomey - Jennings, Anderson’s Business Law and the Legal
Environment, 22nd Ed.
© 2017 Cengage Learning. All Rights Reserved.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
2
Chapter 6
Administrative Agencies
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
LEARNING OUTCOMES
Describe the nature and purpose of administrative agencies
Discuss the legislative or rulemaking power of administrative
agencies
Explain the executive or enforcement function of administrative
agencies
Discuss the judicial power of administrative agencies including
the rule on exhaustion of administrative remedies
3
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
4
6-1 Nature of the Administrative Agency
6-1a Purpose of Administrative Agencies
An administrative agency is a government body that administers
and implements legislation.
Created to carry out general policies specified by Congress
Examples include SEC, CPSC, FDA
Governed by administrative law
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
4
5
6-1 Nature of the Administrative Agency
6-1b Uniqueness of Administrative Agencies
Combine legislative, executive, and judicial powers
6-1c Open Operation of Administrative Agencies
Public has ready access to administrative agency activities
Open records
Open meetings
Public announcement of agency guidelines
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
5
6
6-2 Legislative Power of the Agency
6-2a Agency’s Regulations as Law
Agencies cannot act beyond their scope of authority
Authority is not limited to the technology in existence at the
time the agency was created
Example: Massachusetts v. EPA—Court held that the EPA must
curb greenhouse gases due to the Clean Air Act
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
6
7
6-2 Legislative Power of the Agency
6-2b Agency Adoption of Regulations
Congressional Enabling Act
Agency Research of the Problem
Proposed Regulations
Public Comment Period
At least 30 days
Options after Public Comment
Agency can pass, promulgate, or withdraw the rule.
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
7
8
6-3 Executive Power of the Agency
6-3a Enforcement or Execution of the Law
Agency has the power to investigate to determine law and rule
violations and to determine if additional regulations are needed
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
8
9
6-3 Executive Power of the Agency
6-3b Constitutional Limitations on Administrative
Investigation
Inspection of Premises: Allowed without a warrant unless
dangerous to health or safety
Production of Papers: The 4th and 5th Amendments cannot be
invoked
Inspections and Reports: The agency may require submission of
periodic reports
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
9
10
6-4 Judicial Power of the Agency
6-4a The Agency as a Specialized Court
Beginning Enforcement – Preliminary Steps
A private individual or agency may file a written complaint,
which is served/answered
The Administrative Hearing
No right to jury; administrative law judge (ALJ) hears the case
Not subject to the rules of evidence
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
10
11
6-4 Judicial Power of the Agency
6-4a The Agency as a Specialized Court, Cont.
Streamlined Procedure: Consent Decrees: Practical devices used
to resolve disputes
The Hearing Process: Interveners, interested third parties, can
also participate
The Administrative Agency Decision: Files an opinion with the
findings of facts and reasons for the decision
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
11
12
6-4 Judicial Power of the Agency
6-4b Punishment and Enforcement Powers of Agencies
Penalty
Cease-and-Desist Order
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
12
13
6-4 Judicial Power of the Agency
6-4c Exhaustion of Administrative Remedies
No judicial review until after the agency’s final decision unless
there is no opportunity for relief
irreparable injury is possible
an appeal to the agency would be useless
substantial constitutional question exists
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
13
14
6-4 Judicial Power of the Agency
6-4d Appeal from an Administrative Agency Action
Procedural Issues
Substantive Law or Fact Issues
Ultra Vires or Beyond the Jurisdiction of the Agency
Arbitrary and Capricious (ex. Hornbeck Offshore Services v.
Salazar)
Constitutional Rights
© 2017 Cengage Learning. All Rights Reserved.
Twomey /Jennings/Greene: Anderson’s Business Law, 23rd
Edition
14

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Sai priya the time flies, and it has been two centuries that th

  • 1. Sai Priya The time flies, and it has been two centuries that the world has been digitalized and people are browsing content every minute across the world. The web browsers utilize HTML5 to build the content that everyone is watching on their digital devices. Digital devices have also advanced, and the screen sizes come in multiple shapes and sizes, but HTML5 helps fit the content to all types of screens. Mobile applications are the primary source of content browsing in this new era. If a web page needs to be developed, it must fit a computer, laptop, iPhone and Android devices. The HTML5 has to support the type of devices, and the web page must be able to host multimedia content. HTML5 is now able to support all multimedia content and all types of devices. Usually, only flash-based development supports these features and is only available for laptops or computer types. HTML5 is the 20th-anniversary release from HTML dominating the flash- based development. HTML5 entry has made development ease and helps eliminate redundancy development of single use-case for various digital devices (Cai & Yang, 2020). HTML5 also has features for drawing 3D models and graphics for canvas objects, reducing the project cost for investing in other drawing software (Cai & Yang, 2020). IndexedDB can be used as a browser database by any HTML5 browser (Kimak, Ellman, & Jeremy, 2015). The necessity to use the indexedDB’s raised with the increase in the usage of the eCommerce. Customer loads product catalogue from the server wants to save the products or preferences of the products for a while. So with the need to understand the customer and improve their experience, better businesses started using indexedDB’s to store the user data at the client-side temporarily. Also, the security of the data has become an essential aspect for businesses. With the
  • 2. indexedDB’s help, all the present and future security threats can be minimized to store the client data at the client-side using the indexedDB (Kimak, Ellman, & Jeremy, 2015). The most exciting feature of the indexed DB is a NoSQL database and a key-value data taken from the browser. With the help of the WebSQL, the database can be queried and in the javascript. Different kinds of objects like javascript objects, files, bl ob type, images can be stored in this database without additional programming requirement. This flexibility of providing local storage, persistence, good storage ability, and reducing the need for more network calls makes this the best storage for the browser. References Cai, L., & Yang, G. (2020). Development and Practice of Virtual Experiment Platform Based on Blender and HTML5-- Taking Computer Assembly and Maintenance as An example*. Journal of physics, 32034. Jamsa, K. (2012). Cloud ComputingSaaS, PaaS, IaaS, virtualization, business models, mobile, security and more. Burlington, MA: Jones & Bartlett Learning. Kimak, S., Ellman, & Jeremy. (2015). The role of HTML5 IndexedDB, the past, present and. 2015 10thInternational Conference for Internet Technology and Secured Transactions (ICITST), 379-383. Monika List five to ten potential relationships that align with the Pareto principle, such as how 80 percent of sales come from 20 percent of customers. Let's first understand what the Pareto principle is and where it came from. So, Vilfredo Pareto, an Italian economist, noted that 80% of Italy's land is owned by only 20% of the people. After paying attention to this, he started observing this ratio and applying it in every area, and he called it as 80:20 cause-to- effect ratio, which means that 80% of the effects come from 20% of reasons or causes. This was then known as Pareto
  • 3. Principle (Mohamed,2018). 1)This principle is applied pretty much in every field, we read the marketing funnel, and we see that the significant portion of the sales is driven by 20% of the customers; that is why customer retention is way more important than customer acquisition since people who are driving sales and will continue to do so are way more valuable for the company than the new customers whose shopping patterns for the brand is unknown. 2)In project management, we always see the 80% of the problems are caused by 20% of the projects, as a few projects are way harder than the others. 3)If we talk about management and the work done by a team, we always see that the top performers do most of the work, and they are way ahead of the others 4) In the case of software, 80% of the problems are usually created because 20% of the bugs 5) We had already discussed the customer's acquisition, but we know that 80% of the sales are driven by 20% of the best- selling products if we talk about the products. We are again using the same principle, the salespeople responsible for sales. Out of all the salespeople, only 20% of them are the best and bring a significant portion of the company's revenue. In customer satisfaction, we all would have seen that 80% of the complaints come from 20% of the customers (Subramanian,2018). To sum up, the 80/20 rule can provide a solid structure for your sales and marketing goals. Whether it affects your customers, salesmen, or business resources, it may be meriting your while to choose the Pareto Principle in your company's business performance. 6)If we see the wealth proportion, it's clear that 80% of the wealth is owned by only 20% of the folks. References
  • 4. Subramanian, N., & Jeyaraj, A. (2018). Recent security challenges in cloud computing. Computers & Electrical Engineering, 71, 28-42. Abdel-Basset, M., Mohamed, M., & Chang, V. (2018). NMCDA: A framework for evaluating cloud computing services. Future Generation Computer Systems, 86, 12-29. 1 David P. Twomey – Boston College Marianne M. Jennings – Arizona State University Stephanie Greene – Boston College © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product
  • 5. or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product
  • 6. or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2017 Cengage Learning. All Rights Reserved. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 2 Chapter 7 Crimes
  • 7. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition LEARNING OUTCOMES Discuss the nature and classification of crimes Describe the basis of criminal liability Identify who is responsible for criminal acts Explain the penalties for crimes and the sentencing for corporate crimes List examples of white-collar crimes and their elements 3 © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition LEARNING OUTCOMES Describe the common law crimes Discuss crimes related to computers Describe the rights of businesses charged with crimes and the constitutional protections afforded them 4 © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 5
  • 8. 7-1 General Principles 7-1a Nature and Classification of Crimes A crime is conduct that is prohibited and punished by a government. Classified as common law or statutory Misdemeanors are punishable by less than one year in prison. Felonies are punishable by more than one year in prison. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 5 6 7-1 General Principles 7-1b Basis of Criminal Liability Mental State Act or Omission (actus reus) 7-1c Responsibility for Criminal Acts Corporate liability: Corporations are held liable for the acts of their employees. Officers and Agents of Corporations: Can be liable for employees’ conduct if they knew and failed to act. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 6
  • 9. 7 7-1 General Principles 7-1c Responsibility for Criminal Acts, Continued Federal Laws Targeting Officer and Director Criminal Responsibility: Penalties and jail terms have increased, but there must be proof of fraud. Penalty for Crime: Forfeiture © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 7 8 7-1 General Principles 7-1c Responsibility for Criminal Acts, Continued Penalties for Business/White-Collar Crimes Computing New Penalties for Corporations Corporate Integrity Agreements Federal Sentencing Guidelines Officer and Executive Banishment from Business Fields Mandatory Sentences for Officers of Corporations Who Mastermind Crimes Sarbanes-Oxley Reforms to Criminal Penalties Creative Penalties for White-Collar Crime © 2017 Cengage Learning. All Rights Reserved.
  • 10. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 8 9 7-1 General Principles 7-1d Indemnification of Crime Victims Penalties are paid to the government, who may use fines to assist victims. Defendants may be ordered to pay restitution. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 9 10 7-2 White-Collar Crimes 7-2a Conspiracies Agreements to commit an unlawful act 7-2b Money Laundering Money Laundering Control Act prohibits knowingly participating in a financial transaction designed to conceal the source of the funds. The Patriot Act expands coverage to all financial transactions. © 2017 Cengage Learning. All Rights Reserved.
  • 11. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 10 11 7-2 White-Collar Crimes 7-2c Racketeering Racketeer Influenced and Corrupt Organizations (RICO) Act: Designed to prevent those involved in organized crime from investing money obtained through racketeering in legitimate businesses. Criminal and Civil Applications Expanding Usage: Predicate act, qualifying underlying offense. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 11 12 7-2 White-Collar Crimes 7-2d Bribery The act of giving money, property, or a benefit to a person to influence their judgment 7-2e Commercial Bribery An agent for another is paid or given something of value to make a decision on behalf of the principal that benefits the party paying the agent.
  • 12. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 12 13 7-2 White-Collar Crimes 7-2f Extortion and Blackmail Extortion: When a public officer makes an illegal demand. Blackmail: Extortion demands made by a nonpublic official. 7-2g Corrupt Influence Improper Political Influence Foreign Corrupt Practice Act: Federal antibribery and anticorruption statute. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 13 14 7-2 White-Collar Crimes 7-2h Counterfeiting The fraudulent making of a document or coin that appears to be genuine but is not 7-2i Forgery Fraudulent making or material altering of an instrument that attempts to create or change a legal liability of another
  • 13. Uttering: Issuing or delivering the forged instrument. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 14 15 7-2 White-Collar Crimes 7-2j Perjury Knowingly giving false testimony in a judicial proceeding under oath 7-2k False Claims and Pretenses False Claims Obtaining Goods by False Pretenses False Information Submitted to Banks © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 15 16 7-2 White-Collar Crimes 7-2l Bad Checks Passing a check with intent to defraud or knowing that there are
  • 14. insufficient funds 7-2m Credit Card Crimes Stealing a credit card, possessing the card of another without that person’s consent 7-2n Embezzlement Fraudulent conversion of another’s property © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 16 17 7-2 White-Collar Crimes 7-2o Obstruction of Justice: Sarbanes-Oxley (SOX) Altering, destroying, falsifying with intent to obstruct the administration of any matter within the jurisdiction of any U.S. department of agency 7-2p Corporate Fraud (SOX) A new form of mail/wire fraud, corporate officers must certify financial statements when issued © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 17 18
  • 15. 7-2 White-Collar Crimes 7-2q The Common Law Crimes Larceny: Taking another’s personal property with fraudulent intent. Robbery: Taking personal property from the victim by force or threat. Burglary: Breaking and entering the dwelling of another to commit a felony. Arson: Malicious burning. Riots and Civil Disorders © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 18 19 7-3 Criminal Law and the Computer 7-3a What is a Computer Crime? A crime that can be committed only by a person having some knowledge of the operation of a computer 7-3b The Computer as Victim Theft of Hardware Theft of Software Intentional Damage © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition
  • 16. 19 20 7-3 Criminal Law and the Computer 7-3c Unauthorized Use of Computers The unlawful use of a computer belonging to someone else 7-3d Computer Raiding Taking information from a computer without the consent of the owner 7-3e Diverted Delivery by Computer Using a computer to misdirect deliveries © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 20 21 7-3 Criminal Law and the Computer 7-3f Economic Espionage by Computer The Economic Espionage Act: Stealing or communicating a trade secret. 7-3g Electronic Fund Transfer Crimes The Electronic Fund Transfers Act: Using a counterfeit or stolen card to obtain money or goods in excess of a specified amount through an electronic fund transfer system.
  • 17. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 21 22 7-3 Criminal Law and the Computer 7-3h Circumventing Copyright Protection Devices Via Computer The Digital Millennium Copyright Act: Circumventing encryption on copyrighted material. 7-3i Spamming Controlling the Assault of Non-Solicited Pornography and Marketing Act: Allows companies to bring suit against spammers. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 22 23 7-4 Criminal Procedure Rights for Businesses 7-4a Fourth Amendment Rights for Businesses Search and Seizure: Warrants: Government agencies must obtain warrants before searching and seizing property. Exceptions to the Warrant Requirement Emergencies and plain view
  • 18. Business Records and Searches Protections for Privileged Records and Documents © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 23 24 7-4 Criminal Procedure Rights for Businesses 7-4b Fifth Amendment Self-Incrimination Rights for Businesses Self-Incrimination: Applies to individuals only, not businesses. Miranda Rights: Warnings given to those who face custodial interrogation for criminal proceedings. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 24 25 7-4 Criminal Procedure Rights for Businesses 7-4c Due Process Rights for Businesses Due Process: The right to be heard, question witnesses, and present evidence before any criminal conviction. Sixth Amendment: Guarantees that the entire process will be completed in a timely fashion because this amendment
  • 19. guarantees a speedy trial. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 25 1 David P. Twomey – Boston College Marianne M. Jennings – Arizona State University Stephanie Greene – Boston College © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed.
  • 20. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed.
  • 21. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2014 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part, except for use as permitted in a license distributed with a certain product or service or otherwise on a password-protected website for classroom use. Twomey - Jennings, Anderson’s Business Law and the Legal Environment, 22nd Ed. © 2017 Cengage Learning. All Rights Reserved. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 2
  • 22. Chapter 6 Administrative Agencies © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition LEARNING OUTCOMES Describe the nature and purpose of administrative agencies Discuss the legislative or rulemaking power of administrative agencies Explain the executive or enforcement function of administrative agencies Discuss the judicial power of administrative agencies including the rule on exhaustion of administrative remedies 3 © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 4 6-1 Nature of the Administrative Agency 6-1a Purpose of Administrative Agencies An administrative agency is a government body that administers and implements legislation. Created to carry out general policies specified by Congress Examples include SEC, CPSC, FDA Governed by administrative law
  • 23. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 4 5 6-1 Nature of the Administrative Agency 6-1b Uniqueness of Administrative Agencies Combine legislative, executive, and judicial powers 6-1c Open Operation of Administrative Agencies Public has ready access to administrative agency activities Open records Open meetings Public announcement of agency guidelines © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 5 6 6-2 Legislative Power of the Agency 6-2a Agency’s Regulations as Law Agencies cannot act beyond their scope of authority Authority is not limited to the technology in existence at the time the agency was created Example: Massachusetts v. EPA—Court held that the EPA must curb greenhouse gases due to the Clean Air Act
  • 24. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 6 7 6-2 Legislative Power of the Agency 6-2b Agency Adoption of Regulations Congressional Enabling Act Agency Research of the Problem Proposed Regulations Public Comment Period At least 30 days Options after Public Comment Agency can pass, promulgate, or withdraw the rule. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 7 8 6-3 Executive Power of the Agency 6-3a Enforcement or Execution of the Law Agency has the power to investigate to determine law and rule violations and to determine if additional regulations are needed
  • 25. © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 8 9 6-3 Executive Power of the Agency 6-3b Constitutional Limitations on Administrative Investigation Inspection of Premises: Allowed without a warrant unless dangerous to health or safety Production of Papers: The 4th and 5th Amendments cannot be invoked Inspections and Reports: The agency may require submission of periodic reports © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 9 10 6-4 Judicial Power of the Agency 6-4a The Agency as a Specialized Court Beginning Enforcement – Preliminary Steps A private individual or agency may file a written complaint, which is served/answered
  • 26. The Administrative Hearing No right to jury; administrative law judge (ALJ) hears the case Not subject to the rules of evidence © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 10 11 6-4 Judicial Power of the Agency 6-4a The Agency as a Specialized Court, Cont. Streamlined Procedure: Consent Decrees: Practical devices used to resolve disputes The Hearing Process: Interveners, interested third parties, can also participate The Administrative Agency Decision: Files an opinion with the findings of facts and reasons for the decision © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 11 12 6-4 Judicial Power of the Agency 6-4b Punishment and Enforcement Powers of Agencies Penalty
  • 27. Cease-and-Desist Order © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 12 13 6-4 Judicial Power of the Agency 6-4c Exhaustion of Administrative Remedies No judicial review until after the agency’s final decision unless there is no opportunity for relief irreparable injury is possible an appeal to the agency would be useless substantial constitutional question exists © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 13 14 6-4 Judicial Power of the Agency 6-4d Appeal from an Administrative Agency Action Procedural Issues Substantive Law or Fact Issues Ultra Vires or Beyond the Jurisdiction of the Agency Arbitrary and Capricious (ex. Hornbeck Offshore Services v.
  • 28. Salazar) Constitutional Rights © 2017 Cengage Learning. All Rights Reserved. Twomey /Jennings/Greene: Anderson’s Business Law, 23rd Edition 14