Short Essays: There will be 5 short essay questions. Each essay will be valued at 5 points for a total of 25 points. Your answers to the essay questions must be in the IRAC format (see below). The essays are to be completed outside of the classroom. They are individual assignments. The essays are due no later than Monday, November 28, 2016 at 5:00 pm on Canvas; however you may turn your essays in any time throughout the term. The short essay questions are as follows found on pages (in parenthesis) in the text: · 3-6: arbitration - (pg. 77) · 5-6: establishment clause – (pg. 119) · 6-7: contracts (pg. 139) · 10-1: contract performance (pg. 239) · 12-2: defamation (pg. 302) P77↓ 3-7. Arbitration. Horton Automatics and the Industrial Division of the Communications Workers of America, the union that represented Horton^ workers, negotiated a collective bargaining agreement. If an employee's dis­ charge for a workplace-rule violation was submitted to arbitration, the agreement limited the arbitrator to deter­ mining whether the rule was reasonable and whether the employee violated it. When Horton discharged employee Ruben de la Garza, the union appealed to arbitration. The arbitrator found that de la Garza had violated a reasonable safety rule, but "was not totally convinced" that Horton should have treated the violation more seri­ ously than other rule violations. The arbitrator ordered de la Garza reinstated. Can a court set aside this order? Explain. [Horton Automatics v. The Industrial Division of the Communications Workers of America, AFL-CIO, 2013 WL 59204 (5th Cir. 2013)] P71↓ P119↓ 5-6. BUSINESS CASE PROBLEMWITH SAMPLE ANSWER: Establishment Clause.Judge James DcWeese hung a poster in his court-room showing the Ten Commandments. The American Civil Liberties Union (ACLU) filed a suit, alleging that the poster violated the establishment clause. DeWeese responded that his purpose was not to promote religion but to express his view about “warring” legal philosophies—moral relativism and moral absolutism. “our legal system is based on moral absolutes from divine law handed down by God through the Ten Commandments.”Does this poster violate the establishment clause? Why or why miot? [American Civil Liberties Union of Ohio loundation, Inc.v. DeWeese, 633 F.3d 424 (6th Cir. 2011)]P112↓P139↓ 6—7. Arbitrary and Capricious Test. Michael Manin, an airline pilot, was twice convicted of disorderly conduct, a minor misdemeanor. To renew his flight certification with the National Transportation Safety Board (NTSB), Manin filed an application that asked him about his criminal history. He did not disclose his two convictions. When these came to light more than ten years later, Manin argued that he had not known that he was required to report convictions for minor misdemeanors. The NTSB’s policy was to consider an applicant’s understanding of what information a question sought before determining whether an answer was false. But without e.

1. Short Essays: There will be 5 short essay questions. Each
essay will be valued at 5 points for a total of 25 points. Your
answers to the essay questions must be in the IRAC format (see
below). The essays are to be completed outside of the
classroom. They are individual assignments. The essays are
due no later than Monday, November 28, 2016 at 5:00 pm on
Canvas; however you may turn your essays in any time
throughout the term.
The short essay questions are as follows found on pages (in
parenthesis) in the text:
· 3-6: arbitration - (pg. 77)
· 5-6: establishment clause – (pg. 119)
· 6-7: contracts (pg. 139)
· 10-1: contract performance (pg. 239)
· 12-2: defamation (pg. 302)
P77↓
3-7. Arbitration. Horton Automatics and the Industrial
Division of the Communications Workers of America,
the union that represented Horton^ workers, negotiated
a collective bargaining agreement. If an employee's dis-
charge for a workplace-rule violation was submitted to
arbitration, the agreement limited the arbitrator to deter-
mining whether the rule was reasonable and whether the
employee violated it. When Horton discharged employee
Ruben de la Garza, the union appealed to arbitration.
The arbitrator found that de la Garza had violated a
reasonable safety rule, but "was not totally convinced"
that Horton should have treated the violation more seri-
ously than other rule violations. The arbitrator ordered
de la Garza reinstated. Can a court set aside this order?

2. Explain. [Horton Automatics v. The Industrial Division of the
Communications Workers of America, AFL-CIO, 2013 WL
59204 (5th Cir. 2013)]
P71↓
P119↓
5-6. BUSINESS CASE PROBLEMWITH SAMPLE ANSWER:
Establishment Clause.Judge James DcWeese hung a poster in
his court-room showing the Ten Commandments. The American
Civil Liberties Union (ACLU) filed a suit, alleging that the
poster violated the establishment clause. DeWeese responded
that his purpose was not to promote religion but to express his
view about “warring” legal philosophies—moral relativism and
moral absolutism. “our legal system is based on moral absolutes
from divine law handed down by God through the Ten
Commandments.”Does this poster violate the establishment
clause? Why or why miot? [American Civil Liberties Union of
Ohio loundation, Inc.v. DeWeese, 633 F.3d 424 (6th Cir.
2011)]P112↓P139↓
6—7. Arbitrary and Capricious Test. Michael Manin, an airline
pilot, was twice convicted of disorderly conduct, a minor
misdemeanor. To renew his flight certification with the National
Transportation Safety Board (NTSB), Manin filed an application
that asked him about his criminal history. He did not disclose
his two convictions. When these came to light more than ten
years later, Manin argued that he had not known that he was
required to report convictions for minor misdemeanors. The
NTSB’s policy was to consider an applicant’s understanding of
what information a question sought before determining whether
an answer was false. But without explanation, the agency
departed from this policy, refused to consider Manin’s
argument, and revoked his certification. Was this action

3. arbitrary or capricious? Explain. [Manin v. National
Transportation Safet’ Board, 627 F.3d 1239 (D.C.Cir. 2011)]
P125↓P239↓
P223↓
P302↓
P291↓
IRAC is the method in which most courts write decisions. It was
extremely helpful to me in law school. I also think it helps
solve problems in other disciplines as well. It certainly helps
students begin to learn logical thinking.
I = Issue
R = Rule
A = Analysis / Application
C = Conclusion
Issue - What is the legal issue or question raised by the facts of
a case. Said in another way, what is the legal issue or question
the court (you) are trying to answer? Often, the chapter question
provides you with the legal issue. Sometimes, you should try to
be more specific. For instance, some questions ask at the end:
“How should the court decide this case?” Of course, that is the
general question of every single case ever tried in court. It isn't
specific enough. Instead, a more specific way to state the issue
might be, for instance, “Did the plaintiff breach the contract?”
or “Is X Corporation liable for a defective product that injured a
3rd party?”
Rule - State and explain or define the law or rule that applies to
this case. You will have read the rule somewhere in the chapter.

4. As an example: “Hearsay is testimony someone gives in court
about a statement made by someone else who was not under
oath at the time of the statement.” “Hearsay is not admissible
as evidence.” In this section, you do not discuss the facts of the
case - you just state the rule that would apply in any case
involving this particular issue. Make sure you include an
explanation of the rule - not just the name.
Application / Analysis Here you apply the rule you've identified
above to the facts to reach a conclusion. Said another way, you
analyze the facts according to the law to reach a conclusion.
There are always two sides to each case. While sometimes one
side has a much stronger argument than the other, and obviously
the court will decide the case based on the strongest argument,
that does not mean the other's argument is necessarily invalid.
Assuming you've identified the correct issue and rule, your
conclusion will usually not be “wrong” provided your analysis
is logical. The majority of the class may not subscribe to your
conclusion; however, what I am looking for is whether you
support your conclusion with sound reasoning.
Conclusion - This can be a one sentence statement. Carrying
forth with the example above: “the witness’ testimony was
hearsay (for the reasons set forth in your application) therefore
the court shall exclude it as inadmissible evidence.”
Q1) As the executive responsible for business development at
Newell, you have decided to purchase Calphalon. Provide
reasoning consistent with this strategic decision.
A) Assess the industry attractiveness. (Make sure that you
define the industry)
First we need to determine the industry of newell , newell is a
global marketer of consumer products and home organization
products as home solution,

5. Barriers to enter is Low because of the new cookware
companies that can enter the market in a very easy industry and
compete with companies that are existing already like calphalon
so they pursue will be not wise and will harm newell revenue
and profits there is a low requirement for techniques and low
cost of production and no patent in this industry and no major
government regulations that prevent other businesses from
competing in the market,
, as of the rivalry we can see it going high, newell is strong and
is already has a cannibalization and lead fin the market share
by making a first step of acquiring calphalon rather that just
beating its competitors ,bringing power for buyers here does
not resolve company walmart since it's becoming a threat and
bigger buyers for newell , therefore newell is obligated to
maintain the control over the channels, bargaining power of
suppliers, since bokther companies are in the industry that use
raw material plastic, metal , fiber for their products with low
power of suppliers to control price and can choose the price
that works for them ,Substitutes here is very high since er talk
about they are made of basic raw material that can be
substituted with others
B) What is the cost of entry to acquire Calphalon?
Cost-of-Entry Test: the valuation of $37 million plus it took
over than 18 months to acquire and control Calphalon that's a
long period, as for selling, general & administrative Expense is
above %30 which is considered very heavy to speed up with
Newell coming strong and efficiency
C) Is the business better-off? Provide both VRIO and Value
Chain Analyses and explain how the acquisition will create
value for Newell.
In the Better-off Test we talk about the VRIO plus the Value
Chain ,
In the VRIO the Barriers to sharing is much higher than

6. different in sales of channels “store in store”, Barriers to
transfer is bigger than the different customer AKA the newly
married couples . occasionally it is hard for Newell to balance
between their famous “Newellization” and protect the integrity
of the Calphalon brand in the same time. Interest is not always
the same To make it more clear, Calphalon has already
created a strong brand equity,and with the Newelization, it will
erode Calphalon’s premium service , conflict with it as well ,
and destroy a very important part the barrier of entry for
competitors at the high end retailers.
As for the Value Chain , with these small companies that newell
is considering or against example Calphalon does not provide
enough sufficient flurr to enhance Newell’s value and take it a
step up, it will not add any more product development and
basically Newell would be at a lost and will lose a lot of Cash
just in making the step of unnecessary acquisitions. There for
The management of distribution & logistic system will not bring
enough sufficient value to sales. And that is not always true
that if a major or small company is in the market for sale in an
attractive price means Newell must to buy it. Calphalon has
some advertising tools, so if Newell consider to buy it , it must
invest a lot order to improve a lot of aspet to attract more
clients & build up the advertising
Q2) IDEO – Strategy Implementation
A) What is IDEO’s functional strategy? What is IDEO generic
strategy? What is IDEO’s Organizational Structure.
Functional: innovation
Play to Innovation Enabling lively innovativeness inside an
association can prompt a surge of advancement. In our "Play to
Innovation" ventures and workshops, we depend on handy
procedures and scholastic hypothesis to grow new structures and
procedures that encourage imagination and inventive certainty.

7. And the Invention IDEO Toy Lab has a demonstrated
reputation of concocting toy and diversion encounters, for
example, the Balloonimals application for iPhone. The Lab
applies IDEO's advancement procedure to this engaged range,
and it has likewise built up its own particular methods for
including kids in thought era and prototyping.
They make an amazing showing with regards to of taking
perceptions and transforming them into circumstances and in the
end advancements," is that you improve by emphasizing rapidly,
by having bunches of models. Prototyping permits you to gain
from dangers rapidly."
We notice that the Team individuals are conceptualized and
also that Team are individuals who participate in a fast
prototyping , they just spend a few days coming up with idea
then move to the next phase so they don't waist time.
Generic Business Strategy: Focus
Hone the core interest. Great brainstormers will begin to
improve —and you can bring individuals once again into the
principle subject all the more effectively—in the event that you
have an all around verbalized portrayal of the issue at simply
the right level of specificity. For instance, "spill-evidence
espresso mug tops" is excessively tight and as of now presumes
you know the answer. Another methodology, "bike container
holders," is excessively dry and item engaged.
Structure
IDEO company is an innovation design Industry , The structure
here is very
simple, the CEO Dave Kelly is the “Boss” of the team with the
final
Say on work and ideas , he provides employees with the
privilege of being free to be creative with fresh innovations &
new ideas . as for the toy division, sales, and The machine shop
are all multidivisional since each of the groups and business

8. unites mentioned is responsible for a thier own Business area
and IDEO is global Offices in different part of the wold
example London .
B) Give one example for each type of IDEO control systems
(personal, output, and behavioral).
Personal control: Grown-ups really sitting with the groups
Output control:there is a time limits since it’s an untidy
procedure and the thoughts will fabricate forever so the adults
participate as they said, number of plans, buildable outlines &
cool and number of configuration grants.
Behavioral control: they are known for their post it notes" one
discussion at once , stay focused on the point encourage
brilliant thoughts , construct thoughts on others individuals
control them self from evaluating others thoughts and if so they
get the bill , utilization of the ringer, u get wield thoughts then
form over these wild thoughts , warming up customer before
they go to the meeting room so they don’t get stunned when
they enter the genuine office when they employee throwing
basset balls and darts at each other the spot by and large is play
full as the CEO calls them the crazy’s this is the place the
crazy’s live”.
C) Give three examples of IDEO’s organizational culture.
Behavior inside their associations, In the top-performing
organizations it is a standard that associates bolster each other's
endeavors to do the most ideal work. That has dependably been
valid for even minded reasons: If organizations were to work at
crest proficiency without what authoritative researchers call
"citizenship conduct," undertakings would need to be ideally
doled out %100 of the time, ventures couldn't take any sudden
turns, and no task could go quicker or slower than foreseen. In
any case, shared aiding is considerably more basic in a time of
information work, when positive culture of business results rely
on upon imagination in regularly extremely complex ventures.

9. Past basic workload sharing, collaborative help goes to the
fore—loaning viewpoint, experience, and skill that enhance
execution & the quality of thoughts.
Supportiveness must be effectively sustained in associations, in
any case, since it doesn't emerge naturally among partners.
People in social gatherings experience clashing driving forces:
As potential partners, they may likewise be slanted to contend.
As there could be potential help seekers, they may likewise
take pride in going only it, or be incredulous of those whose
help they could utilize. Different sides, help requires a promise
of time for dubious returns and can appear like more
inconvenience than it's worth. Through their structures and
motivating forces, , intensify the hesitance to give or look for
help.
The dubiousness of this administration test—to build an
optional conduct that must be motivated, not constrained—
makes what the configuration firm IDEO has accomplished all
the more amazing. Get some information about the hierarchical
society, and perpetually they specify shared help. Watch how
things complete, and you see it every step of the way. Really
outline systems of assistance, as we did, and it gets to be clear
how expansive and thick they are. Plainly Ideo is high
performing; it is commended everywhere throughout the world
for advancements in business, government, and social insurance,
and routinely called upon to prompt different firms that need to
expand their development capacities. This help looking for and
help giving evidently pays off.
how has IDEO figured out how to make helping the standard?
Are there rule that pioneers of different associations could learn
and apply to comparative impact? We put in two years
mentioning objective facts, talking with individuals, and
directing reviews to discover.
IDEO may appear like an altogether different sort of
organization from yours, yet it is most likely less so than you
might suspect. Your association, as well, is loaded with learning
laborers handling complex issues. It, as well, needs to support

10. its beneficial inventiveness. It could create better results for
clients and give a more alluring workplace for top ability if
your representatives, as IDEO's, occupied with viable shared
help. Let us consider the four keys to accomplishing those goals
starting with a test to the general population at the
exceptionally top of the association. In light of IDEO's
experience, that is the place fabricating a help-accommodating
organization starts.
Q3)
A) What is E-harmony functional strategy?
E-harmony’s functional strategy
Is quality , managers provide users with algorithms that can set
them up with different candidate and facilitate the messages
between potential soulmates , investing in the algorithm
technology to link different profiles with each other , this
technology has went to a high aspect with users answering 200
survey questions to find the potential soulmate therefore
candidate are high in quality , a reason for this is that
candidates buy for this service and technology that increases
their experience with the website from different devices and
provide
B) What isE-harmony generic business strategy?
Generic Strategy:
The focus in eharmony is using different methods of algorithm
to find potential soulmates for sign up users with others, not a
lot of the competitors use the algorithm technique this is a
differentiation that eharmony has over other websites , and the
serious candidates that eharmony are known for in serious
relationship since they are paying a premium price , other
websites offer casual dating

11. C) What strategy should E-harmony move to give the
competition from match.com (chemistry)? Include at least 3
resources to support your recommendation.
From my point of view eharmony should take in consideration
moving into different markets to increase their share of market
example gay market casual daters,and make religion groups as
well to increase customers , create eharmony in different
language for the non english speakers in moving in stander
globalization will attract world attention, finally i think they
should add a blog to showcase the “ Happily ever after after “
couples who have met on eharmony pictures and life experience
, pregnancy and marriages pictures as well just to motivate
customers that are still in doubt of the website
Q4) Which complementary asset of the feedback loop is Santa
Anita racetrack missing?
Santa Anita racetrack they needs increase the technology of the
race track nowadays we are moving in the technology era , and
if they don't move with it they will be left behind , increase
screen with feedback of social media comments can take
pictures and have them shown on screen to target the young
audience , increase the marketing budget as well since we
experience was pleasant but i've never heard of it ,