Business law
2. New Jersey Landfills and "dumps" were rapidly being filled to capacity. land to create new landfills was getting more and more scarce. Environmental groups were protesting the creation of new waste facilities. the governor of New Jersey issued an emergency order banning any out of state residents and businesses from using New Jersey Landfills while allowing New Jersey residents to continue using them. the state of Pennsylvania and Delaware sued New Jersey on the grounds that the order was unconstitutional. Does the Constitution give New Jersey the right to protect its own landfills? Briefly explain.

Scenario

Pigs R Us is a second generation, family-owned Richmond-based company with about 400 employees. It slaughters, manufactures, and sells pork food products.  Pigs R Us (PRU) is a low-tech, hands-on, “bricks and mortar” type of company with solid brand recognition, an impeccable reputation for high quality and ethical standards. The processes used in manufacturing are with the highest ISO20002 standards, and the plant is maintained immaculately. The personnel are comprised of an older work force (average employee age is late 40s). There is little staff turnover, though lately there have been a diverse group of younger workers joining the company. There has been an impressive record of speedy state and federal new-product approvals, and solid working relationships with their large and small customers.

The company prides itself on the close "southern family," culture of the business. The company logo features a pig with a smile on its face surrounded by small pictures of some of its oldest serving employees. The organization's structure is “old-fashioned”. It is hierarchical with rigid management divisions and reporting policies. Research, manufacturing, and sales and marketing operate in traditional fashion, with employees reporting to supervisors or mid-level managers. By the 1990s, sales and distribution grew from Richmond into a regional market, establishing a competitive advantage throughout the US South. Despite downward economic times in the US and the South, the pork business does well. This is due largely to the fact that Pork is one of the cheaper meat products and there is a variety of ways it can be prepared.

Owned by the Morris family for the last 60 years, Pigs R Us is a key player in the Richmond based food industry. Various Morris family members sit on the board of charities throughout the city and it is not unusual to see the name at society events. Further, the Company sponsors its own Little League Team and has built a recreation center and assisted living facility for the elderly, guaranteeing space for all former 20+ year veteran workers of the company for free. So, it was no surprise, that the whole community was devastated when it was announced by the Morris family that Vance Morris the CEO of Pigs R Us was killed while driving back from a Pigs R US board meeting. The plant closed for a week to show respect and to determine how it would function until the family could make its succession decisions.

Vance Morris was the only son of James and Kathleen Morris. Vance took over the business 10 years before when his father had a heart attack and died. Fresh out of graduate school when his father died. He took over the business that he had known well much to the pleasure and keen eye of the workers. Vance made some marketing changes that allowed for the growth of the company and with the help of the employees brought the plant into its current state. Vance had just gotten married the year before to a young Richmond artist he had met at one of his charity benefits. He had no heirs and no plans for succession as he was in his mid-thirties and had just gotten married. While Vance had cousins in the area they were all professional people who knew nothing about business or pork. The workers could only surmise that the company would be sold, but speculation as to whom it might be did not include someone from out of the city.

Before the deal was announced publicly, John’s widow, Arleen, reported to the workers that a Chinese company, Shanghou (SHU), would be buying Pigs R US. Mrs. Morris assured the workers that the SHU promised not to cut workers' wages and benefits, and to keep the current management team in place. She said that SHU also promised to keep Pork R US headquarters in Richmond. Arleen assured the workers that SHU promised that there would be no changes for the first year and that almost everything would remain the same. From her talks with SHU, Arleen is a bit worried about future changes that SHU may implement.

SHU is a large manufacturer and distributor of food and beverages with, headquarters in Hong Kong. Manufacturing plants operate in mainland China, and the company has additional offices in Europe and Australia. By acquiring the smaller, well-respected Pork R US, SHU aims to diversify and expand its consumer base by including tailor-made pork products globally to meet market projections of a customer upsurge in sustainable, non-beef meats in the next decade. Given SHU’s current availability of telecommunications software and hardware, the deployment of the Pigs R US refrigeration trucks should not be an insurmountable issue.

Many PRU employees, especially the older workers and some of the older managers, are dispirited about the acquisition, and anxious about working for foreigners, downsizing, less face-to-face interaction, language differences, and more electronic systems that are to be put in place. Some of the of the more experienced workers are considering a move or an early retirement due to the ongoing rumors about the acquisition. To make matters worse, recent news media have printed stories about tainted food made by other companies in China. Employees fear loss of product quality and damage to PRU’s reputation as well as the loss of the family southern culture that was their pride and joy.

SHU has told PRU workers that for now, most employees will be retained. However, all employees will be evaluated, and reassigned to teams as the new flat structure is put in place. The new CEO is Harvard-educated Daniel Chinn. He supports increasing the company's competitive edge by discovering and developing existing individual potential through group collaboration and team synergy. Ever since his days as a brilliant, hard-driving MBA student; he has been known to be an enthusiastic supporter of job training and career growth. Like many of SHU’s employees, David is in his early thirties. He speaks four languages and is ambitious, self-directed, tech-savvy, accustomed to working remotely, and experienced with a culturally diverse staff. David is eager to make his newest acquisition a success. He wants to move forward on the integration of "Pork R US’ workers into SHU because Chinn believes they are the “greatest asset have a rich knowledge base and experience can be tapped into to bring the company success." Chinn is concerned about the mix of culture and how his ideas of incorporating artificial intelligence and more robotics into the manufacturing processes will be received by management and the workers at the newly acquired plant.

Daniel Chinn is anxious to keep the “southern family” culture of Pigs R Us but at the same time wants to use the most modern of manufacturing techniques. He decided that the best way to do this was to start a pilot change operation in the packaging area to demonstrate to the workers the effectiveness of technology. He bought and set up for use 3D printers in the packaging room. The printers were able to create reusable shipping materials and operate in conjunction with the product conveyor for fast and easy packaging. He brought in two trained 3D printer operators from China to handle the work along with two robots that would move the package material and create shrink-wrapped pallets for loading on to the trucks.

The current packaging department employs 5 workers on day shift and 3 newer workers on the night shift. All the day shift workers are in their early fifties and have been working for Pigs R Us all their lives. John Mellon, the lead line man, exemplifies the group. He is 53 years old. He has a family of three children most all are grown. One works in the business with him as the manager of accounting department having gotten a college degree unlike his father. John rarely travels out of state and has never been abroad. He is not terribly familiar with technology. He has a Smart TV but his children have set it up for him to use Netflix.

When the new employees arrived, the packaging staff tried to get to know them but had little in common and found it hard to communicate with them. The new workers ate together at lunch and always with food they brought with them despite offers of food brought in by the older employees to show their “southern roots”. Things are strained between the groups because the older employees thought they were being snubbed and many are uncertain as to the customs and language unable to communicate their real feelings. This all operated to create a schism among the workers which escalated into job performance and employment commitment issues when the six-month results from the 3D/Robot pilot showed the following success in favor of new technology.

The results showed such a marked process improvement with the added benefit of creating materials that were sustainable. The immediate reaction among the older workers was fear for their jobs. The new workers suddenly were the enemy. Chinn was pleased with the new process and indicated that the 3D printing approach would be continued. The word of the decision spread among the families in the company and the “southern family” culture was now closing ranks on the newcomers both in the packaging room and in the other departments thus confirming their fears when news of the buyout surfaced.

1. Write SWOT analysis

2. Write the current state of the company as supported by the SWOT and its relevance to the scenario.

3. Identifie the OD challenges in the case.

4. Recommend and describe the quantitative approach for diagnosing the situation at Pinyin Foods.

Scenario

Pigs R Us is a second generation, family-owned Richmond-based company with about 400 employees. It slaughters, manufactures, and sells pork food products.  Pigs R Us (PRU) is a low-tech, hands-on, “bricks and mortar” type of company with solid brand recognition, an impeccable reputation for high quality and ethical standards. The processes used in manufacturing are with the highest ISO20002 standards, and the plant is maintained immaculately. The personnel are comprised of an older work force (average employee age is late 40s). There is little staff turnover, though lately there have been a diverse group of younger workers joining the company. There has been an impressive record of speedy state and federal new-product approvals, and solid working relationships with their large and small customers.

The company prides itself on the close "southern family," culture of the business. The company logo features a pig with a smile on its face surrounded by small pictures of some of its oldest serving employees. The organization's structure is “old-fashioned”. It is hierarchical with rigid management divisions and reporting policies. Research, manufacturing, and sales and marketing operate in traditional fashion, with employees reporting to supervisors or mid-level managers. By the 1990s, sales and distribution grew from Richmond into a regional market, establishing a competitive advantage throughout the US South. Despite downward economic times in the US and the South, the pork business does well. This is due largely to the fact that Pork is one of the cheaper meat products and there is a variety of ways it can be prepared.

Owned by the Morris family for the last 60 years, Pigs R Us is a key player in the Richmond based food industry. Various Morris family members sit on the board of charities throughout the city and it is not unusual to see the name at society events. Further, the Company sponsors its own Little League Team and has built a recreation center and assisted living facility for the elderly, guaranteeing space for all former 20+ year veteran workers of the company for free. So, it was no surprise, that the whole community was devastated when it was announced by the Morris family that Vance Morris the CEO of Pigs R Us was killed while driving back from a Pigs R US board meeting. The plant closed for a week to show respect and to determine how it would function until the family could make its succession decisions.

Vance Morris was the only son of James and Kathleen Morris. Vance took over the business 10 years before when his father had a heart attack and died. Fresh out of graduate school when his father died. He took over the business that he had known well much to the pleasure and keen eye of the workers. Vance made some marketing changes that allowed for the growth of the company and with the help of the employees brought the plant into its current state. Vance had just gotten married the year before to a young Richmond artist he had met at one of his charity benefits. He had no heirs and no plans for succession as he was in his mid-thirties and had just gotten married. While Vance had cousins in the area they were all professional people who knew nothing about business or pork. The workers could only surmise that the company would be sold, but speculation as to whom it might be did not include someone from out of the city.

Before the deal was announced publicly, John’s widow, Arleen, reported to the workers that a Chinese company, Shanghou (SHU), would be buying Pigs R US. Mrs. Morris assured the workers that the SHU promised not to cut workers' wages and benefits, and to keep the current management team in place. She said that SHU also promised to keep Pork R US headquarters in Richmond. Arleen assured the workers that SHU promised that there would be no changes for the first year and that almost everything would remain the same. From her talks with SHU, Arleen is a bit worried about future changes that SHU may implement.

SHU is a large manufacturer and distributor of food and beverages with, headquarters in Hong Kong. Manufacturing plants operate in mainland China, and the company has additional offices in Europe and Australia. By acquiring the smaller, well-respected Pork R US, SHU aims to diversify and expand its consumer base by including tailor-made pork products globally to meet market projections of a customer upsurge in sustainable, non-beef meats in the next decade. Given SHU’s current availability of telecommunications software and hardware, the deployment of the Pigs R US refrigeration trucks should not be an insurmountable issue.

Many PRU employees, especially the older workers and some of the older managers, are dispirited about the acquisition, and anxious about working for foreigners, downsizing, less face-to-face interaction, language differences, and more electronic systems that are to be put in place. Some of the of the more experienced workers are considering a move or an early retirement due to the ongoing rumors about the acquisition. To make matters worse, recent news media have printed stories about tainted food made by other companies in China. Employees fear loss of product quality and damage to PRU’s reputation as well as the loss of the family southern culture that was their pride and joy.

SHU has told PRU workers that for now, most employees will be retained. However, all employees will be evaluated, and reassigned to teams as the new flat structure is put in place. The new CEO is Harvard-educated Daniel Chinn. He supports increasing the company's competitive edge by discovering and developing existing individual potential through group collaboration and team synergy. Ever since his days as a brilliant, hard-driving MBA student; he has been known to be an enthusiastic supporter of job training and career growth. Like many of SHU’s employees, David is in his early thirties. He speaks four languages and is ambitious, self-directed, tech-savvy, accustomed to working remotely, and experienced with a culturally diverse staff. David is eager to make his newest acquisition a success. He wants to move forward on the integration of "Pork R US’ workers into SHU because Chinn believes they are the “greatest asset have a rich knowledge base and experience can be tapped into to bring the company success." Chinn is concerned about the mix of culture and how his ideas of incorporating artificial intelligence and more robotics into the manufacturing processes will be received by management and the workers at the newly acquired plant.

Daniel Chinn is anxious to keep the “southern family” culture of Pigs R Us but at the same time wants to use the most modern of manufacturing techniques. He decided that the best way to do this was to start a pilot change operation in the packaging area to demonstrate to the workers the effectiveness of technology. He bought and set up for use 3D printers in the packaging room. The printers were able to create reusable shipping materials and operate in conjunction with the product conveyor for fast and easy packaging. He brought in two trained 3D printer operators from China to handle the work along with two robots that would move the package material and create shrink-wrapped pallets for loading on to the trucks.

The current packaging department employs 5 workers on day shift and 3 newer workers on the night shift. All the day shift workers are in their early fifties and have been working for Pigs R Us all their lives. John Mellon, the lead line man, exemplifies the group. He is 53 years old. He has a family of three children most all are grown. One works in the business with him as the manager of accounting department having gotten a college degree unlike his father. John rarely travels out of state and has never been abroad. He is not terribly familiar with technology. He has a Smart TV but his children have set it up for him to use Netflix.

When the new employees arrived, the packaging staff tried to get to know them but had little in common and found it hard to communicate with them. The new workers ate together at lunch and always with food they brought with them despite offers of food brought in by the older employees to show their “southern roots”. Things are strained between the groups because the older employees thought they were being snubbed and many are uncertain as to the customs and language unable to communicate their real feelings. This all operated to create a schism among the workers which escalated into job performance and employment commitment issues when the six-month results from the 3D/Robot pilot showed the following success in favor of new technology.

The results showed such a marked process improvement with the added benefit of creating materials that were sustainable. The immediate reaction among the older workers was fear for their jobs. The new workers suddenly were the enemy. Chinn was pleased with the new process and indicated that the 3D printing approach would be continued. The word of the decision spread among the families in the company and the “southern family” culture was now closing ranks on the newcomers both in the packaging room and in the other departments thus confirming their fears when news of the buyout surfaced.

TO DO:

Summarize the situational analysis including your approach(s) and diagnosis of the situation.

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GLOBAL BUSINESS AND STRATEGY

Impact of Culture on Business – Deloitte Insights The importance of culture is readily apparent when things go wrong. When two large companies merged last year, for example, it became clear that one company had a culture of “low cost” while the other had a culture of “quality service.” Employees received mixed signals for months until the new management team took the time to carefully diagnose and redefine many business processes throughout the company. Given the importance of culture and the consequences of cultural issues, many companies are proactively defining culture and issuing culture “manifestos.” The Netflix culture presentation, often used as an example, has been downloaded more than 12 million times since 2009. The presentation clearly describes a culture that combines high expectations with an engaging employee experience: Generous corporate perks such as unlimited vacation, flexible work schedules, and limited supervision balance a strong focus on results with freedom and appreciation for the expected achievement. The financial services industry, still restoring its brand after the 2008 financial crisis, is sharply focused on culture. One organization is using a variety of initiatives to help employees understand “how the bank does business,” including offering speaker series on topics such as compensation packages, customer satisfaction, and maintaining regulatory standards. Citigroup has an entire committee focused on ethics and culture and has implemented a series of web-based videos detailing real workplace ethical dilemmas. Bank of MODULE

America is focusing its corporate culture transformation on encouraging employees to report and escalate issues or concerns, as well as incorporating a risk “boot camp” into their current training. Wells Fargo is increasing its efforts to gather employee survey feedback to understand current trends and potential areas of weakness in its culture. A new industry of culture assessment tools has emerged, enabling companies to diagnose their culture using a variety of well-established models. Yet despite the prevalence of these tools, fewer than 12 percent of companies believe they truly understand their culture. That’s where HR can help. As businesses try to understand and improve their culture, HR’s role is to improve the ability to curate and shape culture actively. An organization’s capabilities to understand and pull the levers of culture change can be refined and strengthened. HR has a natural role to play in both efforts. As operations become more distributed and move to a structure of “networks of teams,” culture serves to bind people together and helps people communicate and collaborate. When managed well, culture can drive execution and ensure business consistency around the world. HR has an opportunity to assume the role of champion, monitor, and communicator of culture across, and even outside, the organization. Once culture is clearly described, it defines who the company hires, who gets promoted, and what behaviours will be rewarded with compensation or promotion. Nordstrom has formed a People Lab Science Team in an effort to define and curate a culture that will attract top talent and enable the retailer to compete with tech companies such as Tableau and Microsoft. The team takes a multidisciplinary approach to designing programs to define and reinforce Nordstrom’s culture. Starbucks analyzed thousands of social media entries to gain an objective view of its culture through the eyes of its employees and take specific actions to reinforce its cultural strengths and address cultural weaknesses. Securitas Belgium has defined the behaviors associated with its vision for culture, performed an analysis of its current state, and developed a detailed, measurable change plan for 150 of its managers. Software giant SAS was recently rated the best place to work by the Great Place to Work Institute. It is also highly successful, with 37 consecutive years of record earnings (it earned $2.8 billion in 2012). SAS has identified trust as a critical cultural attribute and regularly surveys its employees on elements of trust: communication, respect, transparency, and being treated as a human being. Once an organization develops a clear understanding of its culture and decides on a direction for cultural change, it is critical to move rapidly from analysis to action. Moving from talking to doing is the only way to build
momentum.

Question 1) How do you see the cultural transformation for companies in South Africa? Comment.

Question 2) Discuss the role of Religion and Education in modern business transformation with appropriate examples.

A new soft drink is being market tested. According to the result of a survey, 50% of consumers will like the new drink. A sample of 100 people tasted the new drink. The mean and standard deviation of the sample proportion of customers who will like the new drink are

A new soft drink is being market tested. According to the result of a survey,50% of consumers will like the new drink. A sample of 100 people tasted the new drink. What is the probability that more than 60% of customers from the sample will indicate they like the drink?

11-37) A headline in The New York Times on August 16, 2017 read: “Hartford (Connecticut), with Finances in Disarray, Veers Toward Bankruptcy.” The article said, among other things, “...Hartford, which has one of the highest property tax rates in the state … still cannot raise enough money to pay for basic government operations.” Here are some economic, demographic, and financial data taken Census Bureau QuickFacts (accessed August, 2017) and from Hartford’s June 30, 2016 CAFR. (The financial statements, expressed in thousands of dollars, have been condensed.)

Other Comments

A) The debt service Fund had a beginning fund balance of $97,174. The Debt service FUnd statement of revenues, expendiutres, and changes in fund balances for fiscal year 2016 shows $72,734 thousand of debt service expenditures, zero revenues, and $9,302 thousand of transfers in. It also shows significant inflows from refunding existing debt and the issuance of new debt. The same general pattern occurred in fiscal year 2015. Hence, it is reasonable to assume that most of the year’s debt service expenditures was financed, not by tax revenues, but rather by “rolling over” existing debt issuing new debt or drawing down the fund balance

B) Hartford’s outstanding general obligation debt increased from $512.9 million at the beginning of fiscal year 2016 to $683.2 million at the end of the year. The CAFR reports that the assessed value of taxable property was $3,623,072,000 and the actual value of taxable property was $6,664,914,000. You can calculate Hartfords personal income by multiplying the population by the per capita income.

Required: Use the foregoing data to compute appropriate financial statement analysis ratios. Then, use the economic and demographic data, the financial statement ratios, the “Other Comments” shown above, and the rule of thumb data contained in the text to comment on Hartford’s financial position and financial condition

At 64, Dr. Shaefer has been an internist for more than 30 years. He entered practice at the end of what has since been termed the "golden age" of medicine, before DRGs and managed care, when physicians made treatment decisions and carried them through unchallenged by third parties. After completing his residency, he joined a small group practice in the same city. The group practice has since grown to more than 20 physicians. Along the way, Dr. Shaefer was able to join the faculty at a local medical school as a clinical instructor. The position forced him to stay current with developments in general internal medicine and exposed him to new generations of students with diverse backgrounds and ideas. He was a conscientious teacher, committed to evidence-based medicine, and a caring practitioner, treating the person, not the disease.

Dr. Shaefer's children are well beyond college (one is now a physician, too) and have children of their own. Dr. Shaefer wants to spend more time with his family and has thought about retiring but wants to continue caring for patients in a less demanding environment. In reflecting on his career, he finds that practicing medicine is not as rewarding as it once was: it seems to be more about rushing patients in and out the door, securing pre-certifications, begging insurers to reconsider their reimbursement denials, explaining why the pill someone saw advertised on television is not really a magic bullet, and filling out paperwork—endless paperwork.

Dr. Shaefer is the first in his office to decide he is going to change how he practices. He is going to form a retainer practice, and reduce his patient panel from 3000 to 600. Over the next 6 months, he will write to all of his patients to explain that he is transforming his practice in order to provide enhanced patient care, and to invite those who are willing to pay an annual fee of $2000 to remain as his patients. Patients who join the "retainer practice," as it is called, will still be reimbursed by their insurance plans for those medical services that the plan covers. But insurance will not reimburse the "extra" services Dr. Shaefer would like to perform, accompanying patients to appointments with specialists, for example, providing more preventive care, and forming closer relationships with patients than he has been able to do of late. He wishes he could provide all his patients this same level of care, but he cannot. He will assist those who do not join the retainer practice in finding new physicians. Dr. Shafer has talked to his colleagues to ensure that they can take on those who do not join his new practice.

As he sees it, there are personal and professional reasons for undertaking this controversial change. He's getting older, he's done his share of pro bono work, and has contributed to educating the next generation of physicians. Some patients won't like the change, but they would have had to find another doctor had he retired. Through their choice to stay in his practice, those who pay will have validated his decision.

What is the bioethics issue(s) in this case? What would you advise Dr. Shaefer to do?

(1 point) Suppose the relation between CEO’s annual salary in thousands of dollars, salary, and the return on equity, roe, measured as a percentage, is estimated to be: . Now, suppose that salary is measured in hundreds of dollars, rather than in thousands of dollars, say, salarhun. What will be the OLS intercept and slope estimates in the regression of salarhun on roe?

There is a both a science and an art to thinking like a lawyer, but the first skill set that you have to develop is critical thinking. And critical thinking is a science, which means that anyone can master it, if they will take the time to learn how.

In their book Think Critically, Facione and Gittens offer a simple mnemonic device that can help you think critically. They advocate the IDEA model:

Identify the problem and set priorities

Deepen understanding and gather relevant information

Enumerate options and anticipate consequences

Assess the situation and make a preliminary decision The IDEA model is actually a great way to think critically about the law. This exercise will provide two scenarios which present legal problems, and then use the IDEA model to help analyze the first one. Your task will be to use the IDEA model to analyze the second one on your own.

Scenario 1:

Gomez owns 10 acres of land, with highway frontage, on the road between Deming and Las Cruces. The land isn’t good for much, but he has made some income over the years by renting three billboards he has put on his land.

Recently, the county held some meetings about signage. A number of people expressed concern that their community was far too commercialized with signage. Some people argued that the value of property would increase if there was less signage. Finally, a third group expressed concern that all the signage was distracting to drivers, and presented a danger to the community. In response to these concerns, the County passed a regulation that prohibits signage except to advertise events and business which are on the land where the advertisement is. In other words, McDonalds could have a sign on its land, but could not have a billboard sign a mile away. The ordinance is to be effective soon, and Gomez is worried about losing the income that he gets from billboards. He has three billboards that are leased to three different customers; one is advertising a restaurant, one proclaims the religious beliefs of a customer, and the third is a political ad for a candidate in an upcoming election. Gomez has approached his lawyers, asking what rights, if any, he might have to continue to lease the billboards.

Note: Ignore any potential constitutional "takings" issues.

Identify the problem and set priorities

The obvious problem is that Gomez will be in violation of the law if he continues to have his billboards up after the ordinance goes in to effect. But we need to dig a bit deeper, and figure out more specifically what the problem is.

Sometimes you determine what the precise issue is by eliminating things that aren’t at issue. We know, for example, that Gomez doesn’t have a contract with the county that allows him to have billboards, so we can eliminate contract law as an issue. The First Amendment right to free speech immediately comes to mind, since the First Amendment limits the government’s right to interfere with what people want to say. So, the issue seems to be “can the government limit the right to free speech by prohibiting off-premise signage?”

Deepen understanding and gather relevant information

Once we know what the issue is, we have to conduct some research to figure out how to think about the problem. The First Amendment says that “Congress shall make no law … abridging the freedom of speech ….” The ordinance isn’t a law that Congress made, but a local ordinance, but we know that the First Amendment is interpreted to mean “the government shall make no law … abridging the freedom of speech.” And, of course, this law abridges the right of free speech.

But certainly the government can make laws that limit what people can say. The government could, for example, pass a law that says you cannot falsely yell “fire” in a crowded theater. So, that means that the First Amendment is interpreted “the government shall make no law … abridging the freedom of speech unless it is reasonable to do so under the circumstances.”

When is it reasonable for the government to limit the right to speak freely? Well, the law provides that the government may regulate the time, manner, and place of speech for the common good, but it treats speech about political and religious matters differently than it treats speech about commercial matters. It can, for example, regulate the time, place and manner of commercial speech whenever the rules are reasonably related to a legitimate goal. It can regulate the time, place and manner of speech about political and religious matters only when the speech is likely to immediately cause lawless action or presents an immediate harm.

Enumerate options and anticipate consequences

Sometimes we tend to think in absolutes. For example, it might be easy to think that the ordinance is either valid or it isn’t valid. But sometimes, the absolutes aren’t the only options. For example, there are a number of options here.

1,)The entire ordinance is valid.

2.)The ordinance is valid as it pertains to one of the billboards, but not the other two.

3.)The ordinance is valid as it pertains to two of the billboards, but not the other one.

4.)The entire ordinance is invalid.

That requires us to think about why we might treat one billboard differently from the others. What meaningful differences are there about these billboards? Well, one of the billboards is an advertisement for a restaurant, which is pure commercial speech. Another is about a religious message. The third is about a political issue. As we learned when we were gathering information, a government is much more free to regulate commercial speech than it is to regulate speech about religious and political matter.

Assess the situation and make a preliminary decision

The government can regulate the time, place, and manner of commercial speech whenever the rules are reasonably related to a legitimate goal. Regulating billboards is a form of regulating the manner of speech; the government is not prohibiting the commercial speech, it is only saying that the speech cannot be on billboards. The county has a legitimate goal of raising property values, of making the county look better, and of eliminating things that might distract drivers, and getting rid of billboards is reasonably related to those goals. So, I conclude that the County can lawfully outlaw billboards used for commercial advertising.

The government is prohibited from the regulating time, place, and manner of speech pertaining to religious and political matters unless the speech is likely to immediately cause lawless action or presents an immediate harm. There is nothing about billboards with a religious message or about a political candidate that is likely to immediately cause lawless action or presents an immediate harm. So, I conclude that the County cannot lawfully outlaw billboards used for a religious message or about a political candidate.

I will encourage Gomez to take down the billboard for the restaurant, but to challenge the County’s right to enforce the ordinance for the other two billboards. Now it is your turn:

Scenario 2

New Mexico High School is a public high school. Dyson Stevens, a senior at the high school, is point guard for the basketball team; Pauline Williams is a cheerleader. Last year, Pauline called the police, and claimed that she had been sexually assaulted by Dyson. She told the police that she and Dyson were at the same party, but not together. He cornered her in the bathroom, groped her, and began ripping her clothes off when someone came into the bathroom; Dyson fled. Dyson denied the charge, and said that they were initiating consensual sexual contact when they were interrupted. No charges were brought against Dyson.

A problem arose during the first basketball game of the season this year. Dyson had been fouled, and was at the free throw line. As was the custom, the cheerleaders were yelling him on, except for Pauline. She stepped back from the rest of the cheerleaders, turned her back to the court, and crossed her arms. Dyson took his shots, making the first one and missing the second.

Immediately afterwards, the basketball coach talked with the cheerleading coach, who then talked with Pauline. Pauline said that she was not going to cheer for someone who had tried to rape her. The coach said that she had to cheer for all of the players.

A few minutes later, Dyson was again fouled, the scene described above repeated itself; while Dyson took his free throw shots, Pauline stepped back from the rest of the cheerleaders, turned her back to the court, and crossed her arms.

Again, the cheerleading coach, this time joined by the high school principal, talked with Pauline. Again, she said that was not going to cheer for someone who tried to rape her. Again, the coach said that she had to cheer for all of the players. The principal then told her that unless she was going to cheer for all the players, including Dyson, she had no place on the cheerleading squad. She repeated that she would not cheer for Dyson. The coach then told her that she was cut from the team.

Pauline has now gone to meet with some lawyers, asking whether she can be cut from the high school cheerleading squad for refusing to cheer under the circumstance.

Your task is to work your way through the IDEA model. As this is not an exercise in legal research, I am not expecting you to conduct your own independent legal research. Instead, I am providing some excerpts from 3 separate cases that may inform your analysis. They are saved in a .pdf file under the "Files" tab. These cases provide the legal precedent or law that should be used in your analysis. As you read these materials, please keep in mind that the entire cases have not been provided rather a substantially edited version so that you have less reading.

To complete this assignment, please prepare a written analysis which should be set up using the following format and include the appropriate discussion. Identify the legal issue (This is the

1.)I - Identify in the IDEA Model) 20 points

2.)Identify both sides of the legal issue; remember, each and every legal issue is seen/argued differently depending on what side of the issue you are on. Here you need to argue all sides of the issue. (This corresponds with the D -Deepen Understanding in the IDEA Model) 20 points

3.) Analyze both sides of the issue based on the legal precedent provided; please cite the cases you used in the analysis.[1] (This corresponds with the E-Enumerate options section of the IDEA Model) 20 points

4.)Conclude the discussion by describing what you believe the outcome of the situation should be (This corresponds with the A-Assess the situation and make a preliminary decision section of the IDEA Model) 20 points

5.)Writing and presentation of analysis 20 points Total 100 Points Be thorough and pay attention to detail!

[1] Cite the cases as follows: Tinker et al v. Des Moines Independent Community School District et al; 393 U.S. 503 (1969); Hazelwood School District et al v. Kuhlmeier et al; 484 U.S. 260 (1988); Sissy Littlefield et al v. Forney Independent School District et al; 268 F.3d 275 (5th Cir. 2001).

Pack & Carry is debating whether to invest in new equipment to manufacture a line of high-quality luggage. The new equipment would cost $900,000, with an estimated four-year life and no salvage value. The estimated annual operating results with the new equipment are as follows. (Use Exhibit 26-4.) Revenue from sales of new luggage $ 994,000 Expenses other than depreciation $ 675,000 Depreciation (straight-line basis) 225,000 900,000 Increase in net income from the new line $ 94,000 All revenue from the new luggage line and all expenses (except depreciation) will be received or paid in cash in the same period as recognized for accounting purposes. a. Compute the annual cash flows for the investment in the new equipment to produce the new luggage line. b. Compute the payback period for the investment in the new equipment to produce the new luggage line. (Round your answer to 1 decimal place.) c. Compute the return on average investment for the investment in the new equipment to produce the new luggage line. (Round your percentage answer to 1 decimal place (i.e., 12.34 to be entered as 12.3).) d. Compute the total present value of the expected future annual cash inflows, discounted at an annual rate of 10 percent for the investment in the new equipment to produce the new luggage line. (Round your "PV factor" to 3 decimal places and final answer to the nearest dollar amount.) e. Compute the net present value of the proposed investment discounted at 10 percent for the investment in the new equipment to produce the new luggage line. (Round your "PV factor" to 3 decimal places and final answer to the nearest dollar amount.)