Brief the following case using the IRAC method.
Issue:
Rule:
Application:
Conclusion:
On February l, 2004, CBS, the television network, presented a
live broadcast of the National Football League's Super Bowl
XXXVIII, which included a
halftime show produced by MTV Networks. Both CBS and MTV were
divisions of Viacom Inc. at the time. Nearly 90 million viewers
watched the show,
which featured recording artists Janet Jackson and Justin
Timberlake. Jackson and Timberlake performed his popular song
"Rock Your Body " as the show's
finale. Their performance involved sexually suggestive choreography
with Timberlake seeking to dance with Jackson and she alternating
between accepting and
rejecting his advances. The performance ended with Timberlake
singing, "gonna have you naked by the end of this song,
" and simultaneously tearing away part
ofJackson 's bustier. CBS had implemented a five-second
audio delay to guard against the possibility of indecent language
being transmitted on air, but it did
not employ similar precautionary technology for video images. As a
result, Jackson's bare right breast was exposed on camera
for nine-sixteenths of one second.
Jackson 's exposed breast caused a sensation and
resulted in a large number of viewer complaints to the Federal
Communications Commission. In response, the
FCC issued a letter of inquiry asking CBS to provide more
information about the broadcast. CBS issued a public statement of
apology for the incident. CBS
stated that Jackson and Timberlake's wardrobe stunt was
unscripted and unauthorized, claiming CBS had no advance notice of
any plan by the performers to
deviate from the script. After its review, the FCC determined CBS
was liable for a forfeiture penalty of $550,000 on several grounds,
including that under the
doctrine ofrespondeat superior, CBS was vicariously liable for the
willful actions of its employees, Jackson and Timberlake. CBS asked
the Third Circuit
Court ofAppeals to review the FCC decision.
Scirica, Chief Judge
The respondeat superior doctrine provides that "[a]n
employer is subject to liability for torts committed by employees
while acting within the scope of their
employment." Restatement (Third) ofAgency 2.04 (2006)
But even though the respondeat superior doctrine may apply in
this context, it is limited to the conduct of employees acting
within the scope of their
employment. Determining whether CBS may be liable under respondeat
superior first requires selection of the applicable legal standard
for differentiating an
"employee" from an "independent
contractor."
In Cmty. for Creative Non-Violence v. Reid, 490 U.S. 730 (1989),
the Court set forth a test for determining who qualifies as an
"employee" under the common
law:
In determining whether a hired party is an employee under the
general common law of agency, we consider the hiring
party's
right to control the manner and means by which the product is
accomplished. Among the other factors relevant to this
inquiry
are the skill required; the source of the instrumentalities and
tools; the location of the work; the duration of the
relationship
between the parties; whether the hiring party has the right to
assign additional projects to the hired party; the extent of
the
hired party's discretion over when and how long to work;
the method of payment; the hired party's role in hiring and
paying
assistants; whether the work is part of the regular business of the
hiring party; whether the hiring party is in business; and
the
tax treatment of the hired party.
While establishing that all of these factors are relevant and
that "no one of these factors is determinative,"
Reid did not provide guidance on the Page 996
relative weight each factor should be assigned when performing a
balancing analysis. Accordingly, all of the Reid factors are
relevant, and no one factor is
decisive, but the weight each factor should be accorded depends on
the context of the case. Some factors will have "little or
no significance in determining
whether a party is an independent contractor or an
employee" on the facts of a particular case. In the
present case, the FCC erred by failing to consider several
important Reid factors when determining whether Jackson and
Timberlake were employees of CBS. And rather than balancing those
factors it did consider,
the Commission focused almost exclusively on CBS's right of
control over the performers.
Only three factors weigh in favor of a determination that
Jackson and Timberlake were employees of CBS. First, CBS is in
business, which increases the
possibility that it would employ people. Second, CBS regularly
produces shows for national broadcast in the course of its
business. Both factors are relatively
insignificant on balance. Third, and most significant to its
argument, is the factor the FCC focused on in its orders:
CBS's right to control the manner and means
by which Jackson and Timberlake accomplished their Halftime Show
performance. As the FCC contends, CBS, through its corporate
affiliates, supervised the
Halftime Show and retained the right to approve all aspects of the
show's performances. But it is undisputed that
CBS's actual control over the Halftime Show
performances did not extend to all aspects of the
performers' work. The performers, not CBS, provided their
own choreography and retained substantial latitude
to develop the visual performances that would accompany their
songs. Similarly, as the FCC notes, CBS personnel reviewed the
performers' selections of set
items and wardrobes, but the performers retained discretion to make
those choices in the first instance and provided some of their own
materials.
CBS's control was extensive but not determinative of
employment. Even though a principal's right to control is
an important factor weighing in favor of a
determination that an employment relationship existed, it is not
dispositive when considered on balance with the rest of the Reid
factors. Of the remaining
factors significant on the facts here, all are strongly indicative
of Jackson and Timberlake's independent contractor status.
First, it is undisputed that both
Jackson and
Timberlake were hired for brief, one-time performances during the
Halftime Show; CBS could not assign more work to the performers.*
Second, Jackson and
Timberlake selected and hired their own choreographers, backup
dancers, and other assistants without any involvement on the part
of CBS.
Third, Jackson and Timberlake were compensated by one-time,
lump-sum contractual payments and "promotional
considerations" rather than by salaries or
other similar forms of remittances, without the provision of
employee benefits. Fourth, the skill required of a performer hired
to sing and dance as the headlining
act for the Halftime Show—a performance during a Super Bowl
broadcast, as the FCC notes, that attracted nearly 90 million
viewers and was the highest-rated
show during the 2()()3-()4 television season—is substantial even
relative to the job of a general entertainer, which is itself a
skilled occupation.
Also weighing heavily in favor of Jackson and
Timberlake's status as independent contractors is
CBS's assertion in its briefs, which the FCC does not
refute, that
it paid no employment tax. 1--1ad the performers been employees
rather than independent contractors, federal law would have
required CBS to pay such taxes.
Finally, there is no evidence that Jackson, Timberlake, or CBS
considered their contractual relationships to be those of
employer-employee. In Reid, the Court
incorporated the Restatement, describing it as "setting
forth a nonexhaustive list of factors relevant to determining
whether a hired party is an employee"
under the common law of agency. Among the factors not explicitly
listed in Reid, but included in the Restatement, is the
parties' understanding of their
contractual relationship. See Restatement (Third) ofAgency 7.07
cmt. f (including as an explicit factor in determining employment
status "whether the
principal and the agent believe that they are creating an
employment relationship"). Although the Commission did not
inquire into this factor, it should have
been a significant consideration in this case. Under the
FCC's rationale, band members contracted to play a one-song
set on a talk show or a "one-show-only"
televised concert special presumably would be employees of the
broadcaster. These performers—who frequently promote their work
through brief contractual
relationships with media outlets—would be
"employees" of dozens of employers every year.
Accordingly, it is doubtful that either the performers here
or
CBS believed their contracts created employment relationships.
On balance, the relevant factors here weigh heavily in favor of
a determination that Jackson and Timberlake were independent
contractors rather than employees
of CBS. Accordingly, the doctrine of respondeat superior does not
apply on these facts.
FCC order vacated in favor of CBS.
In: Operations Management
C++ Funcion
For this lab you need to write a program that will read in two values from
a user and output the greatest common divisor (using Euclidean algorithm)
to a file. You will also need to demonstrate
using ostream and ostringstream by creating 2 functions to output your print heading: one that uses ostream and the other uses ostringstream.
Using ostream and ostringstream
Write two PrintHeader functions that will allow you to output to the screen and to an output file.The first should use ostream and should be called twice in main to output your print heading to the screen and to a file.The second one will use ostringstream and return a string – call it two times to output to the screen and to a file.
Greatest Common Divisor
In mathematics, the greatest common divisor (GCD) of two or more integers(when at least one of them is not zero)is the largest positive integer that
divides the numbers without a remainder.If one of them is zero then the larger value is the GCD.
Euclidean Algorithm
The Euclidean algorithm works by using successive long divisions swapping out the lowest value with the remainder and the largest value with the previous smallest value until the remainder is 0. The way it works is that you find the remainder of the larger number divided by the smaller number. If the remainder is not 0 then the larger number gets the smaller number, the smaller number gets the remainder and we divide again. The process continues until the remainder is 0.
For example:
Let’s say we want to find the GCD of
74 & 32.
We would first divide
74 and 32.
74 / 32 = 2 r 10
Next we take the smaller number (32) and divide it by the remainder (10).
32 / 10 = 3 r 2
Again we take the smaller number (10) and divide it by the new remainder(2).
We repeat this process until the remainder is 0.
10 / 2 = 5 r 0
Once the remainder is 0 we stop and our GCD is the last non-zero remainder, which in this case is 2.
For the GCD write a function to read in the two values, a function to calculate the GCD, and a function to output the results.
Have the code run 4 times.
Test with the following inputs:
74, 32
99, 30
48, 18
12, 0
Screen INPUT/OUTPUT-should be formatted as follows –
(Class heading should display 2xs)
Enter the first integer: 72
Enter the second integer: 32
Enter the first integer: 99
Enter the second integer: 30
...
Thank you for using my GCD
calculator!
---------------------------------------------------------------------------------------
OUTPUT File format -(Class heading should display 2xs)
The GCD for 72 & 32 = 8
The GCD for 99 & 30 = 3
1.Screen I/O
2.Output File
3.Header File
4.int Main -
documented according to the requirements
& printed from eclipse
5.
Functions (in order in which they are called)
-
documented according to the requirements
& printed from eclipse
In: Computer Science
C#:
A book publisher has limited the cost of every book they publish to no more than 10 cents per page.
Create a BookException class with a constructor that requires three (3) arguments for each book: a string title, a double price and an int number of pages.
Create an error message that is passed to the Exception class constructor for the Message property when a book does not meet the price-to-pages ratio. The error message might be:
For Goodnight Moon, ratio is invalid.
...Price is $12.99 for 25 pages
The price-to-pages ratio is determined by checking the following: price > RATE * pages where RATE = 0.10
Create a Book class that has the following fields: string title, string author, double price and int number of pages.
Create properties (accessors) for each field.
Throw a BookException if a book object is created that has a price that is more than 10 cents per page.
In Main create 4 Book objects and use the constructor for Book to pass the four inputs when each object is instantiated, some where the ratio is correct and some where the ratio is not correct.
Catch any thrown exceptions and display BookException Message.
Internal Documentation.
Possible output:
The inputs passed were:
("Goodnight Moon", "Brown", 12.99, 25)
("World History", "Stein", 72.99, 900)
("The Grapes of Math", "Stoltz", 30.99, 300)
("Steal This Book", "Hoffman", 72.99, 800)
The results were:
For Goodnight Moon, ratio is invalid.
...Price is $12.99 for 25 pages.
For The Grapes of Math, ratio is invalid.
...Price is $30.99 for 300 pages.
Press any key to continue . . .
In: Computer Science
Java Question 5: Count elements in the heap
Write a function that returns the number of elements in a min heap strictly less than a given number.
Method signature: public static int elemNumHeap(PriorityQueue minHeap, int val)
Please also include testers.
In: Computer Science
Would an unexpected increase in sales and production result in an under-applied or over-applied overhead? Explain.
Please no hand-written answers.
In: Accounting
Write a method called recursiveDownAndUp() that takes one non-negative integer parameter, recursively starts at one thousand and prints all the integers from one thousand to the parameter (that is, prints 1000, 999, etc. all the way down to the parameter), then recursively starts at the integer parameter and prints all the integers from the parameter up to one thousand (that is, prints the parameter, the parameter + 1, the parameter + 2, etc. all the way up to 1000).
In: Computer Science
Part A: Locate each of the following services on the service
delivery system matrix:
Part B: Describe the service-product bundle for each of the
following services:
In: Operations Management
Discuss Chinese Folk Song and examples of how it is both historical and current
In: Psychology
Question to answer after EXPERIMENT OF SPECTROPHOTOMETRIC DETERMINATION OF TRACE Fe
Principles The purpose of this experiment is to determine the concentration of iron present as a trace constituent (ppm) in an aqueous sample by a spectrophotometric method. One of the most sensitive methods for the determination of iron involves the formation of the orange-red iron (II) orthophenanthroline complex. This complex has an absorption maximum at 508 nm, is stable over a long period of time, and follows Beer's Law quite faithfully.
The chemistry involved is straightforward. Hydroxylamine hydrochloride is used to reduce all Fe3+ present to Fe2+. Since orthophenanthroline (abbreviated as phen) is a weak base and an acid medium must be used in order to prevent precipitation of the iron as Fe(OH)2, the principal complexing species is the phenanthrolium ion (phenH+ ). The complex formation reaction:
Fe2+ + 3phenH+ Fe(phen)3 2+ + 3H+
has an equilibrium constant of 2.5 x 106 , so complex formation may be considered quantitative. Although pH control is not essential, too high of an H+ concentration (pH<2) can inhibit formation of the complex, while too high of a pH can cause the loss of iron by precipitation. Thus, the solution is buffered to be to about a pH of 3.5.
Since the system obeys Beer's Law, above, a plot of absorbance at 508 nm versus iron concentration yields a straight line. Thus, one can prepare a set of standard solutions of known concentrations, establish a straight line, and prepare the unknown solution in exactly the same way. If the absorbance of the unknown solution is measured, the unknown concentration may be determined from the analytical curve generated with the standard solutions.
Questions:
1. The ferrous ammonium sulfate used as a standard in this experiment is not of primary standard quality, yet you were not instructed to standardize this reagent 81 before use. Why is it not necessary to standardize this analytical reagent before use in this experiment? Explain.
2. Describe two reasons why deviations to Beer's Law (i.e. nonlinearity) can occur.
3. The sensitivity of spectrophotometric methods can greatly exceed sensitivities attainable with classical wet chemical methods. How do the Fe concentrations analyzed in this spectrophotometric experiment compare with the Fe concentrations used in the redox titration experiment? Be quantitative!
In: Chemistry
Please use Java language to write two efficient functions:
Write an efficient function that compute the intersections of two sorted arrays of integers
Write an efficient function that compute the intersection of two arrays of integers (not
necessary sorted).
In: Computer Science
What kind of entry strategies did Walmart choose to enter into: Canada, Japan, and Uganda. What are the pros and cons of such entry strategies?
In: Operations Management
1. Explain why a monopolist’s profit when he price discriminates cannot be less than his profits when he does not price discriminate.
2. The efficiency loss under perfect price discrimination is very high. True or False?
3. Consider a monopolist selling into two markets. Demand in the first market is given by P1 = 50 - 2Q1, and demand in the second market is given by P2 = 70 - 2Q2. Total cost for the monopolist is 50 - 10(Q1 + Q2), so marginal cost is 10.
In: Economics
Find a node in a LinkedList In Java:
1. (2 pts) Define the nodes in the LinkedList.
2. (2 pts) Create the LinkedList using the ListNode class.
3. (4 pts) Create a method to find a node with given value in a LinkedList. Return the value is this value exists in the LinkedList. Return null if not exists.
4. (2 pts) Use these two examples to test your method.
Example 1:
Input: 1 -> 2 -> 3, and target value = 3
Output: 3
Example 2:
Input: 1 -> 2 -> 3, and target value = 4
Output: null
In: Computer Science
The following table gives the current balance sheet for
Travellers Inn Inc. (TII), a company
that was formed by merging a number of regional motel chains.
Travellers Inn (Millions of Dollars)
Cash $ 10 Accounts payable $ 10
Accounts receivable 20 Accruals 15
Inventories 20 Short-term debt 0
Current assets $ 50 Current liabilities $ 25
Net fixed assets 50 Long-term debt 30
Preferred stock (50,000 shares) 5
Common equity
Common stock (3,800,000 shares $ 10
Retained earnings 30
Total common equity $ 40
Total assets $100 Total liabilities and equity $100
The following facts also apply to TII.
(1) The long-term debt consists of 29,412 bonds, each having a
20-year maturity, semiannual
payments, a coupon rate of 7.6%, and a face value of $1,000.
Currently, these
bonds provide investors with a yield to maturity of 11.8%. If new
bonds were sold,
they would have an 11.8% yield to maturity.
(2) TII’s perpetual preferred stock has a $100 par value, pays a
quarterly dividend per
share of $2, and has a yield to investors of 10%. New perpetual
preferred stock would
have to provide the same yield to investors, and the company would
incur a 3.85%
flotation cost to sell it.
(3) The company has 3.8 million shares of common stock outstanding,
a price per share 5
P0 5 $20, dividend per share 5 D0 5 $1, and earnings per share 5
EPS0 5 $5. The
return on equity (ROE) is expected to be 10%.
(4) The stock has a beta of 1.6%. The T-bond rate is 6%, and RPM is
estimated to be 5%.
(5) TII’s financial vice president recently polled some pension
fund investment managers
who hold TII’s securities regarding what minimum rate of return on
TII’s common
would make them willing to buy the common rather than TII bonds,
given that
the bonds yielded 11.8%. The responses suggested a risk premium
over TII bonds of
3 percentage points.
(6) TII is in the 25% federal-plus-state tax bracket.
Assume that you were recently hired by TII as a financial analyst
and that your boss,
the treasurer, has asked you to estimate the company’s WACC under
the assumption
that no new equity will be issued. Your cost of capital should be
appropriate for use in
on your analysis, answer the following questions.
a. What are the current market value weights for debt, preferred
stock, and common
stock? (Hint: Do your work in dollars, not millions of dollars.
When you calculate
the market values of debt and preferred stock, be sure to round the
market price per
bond and the market price per share of preferred to the nearest
penny.)
b. What is the after-tax cost of debt?
c. What is the cost of preferred stock?
d. What is the required return on common stock using CAPM?
e. Use the retention growth equation to estimate the expected
growth rate. Then use
the expected growth rate and the dividend growth model to estimate
the required
return on common stock.
f. What is the required return on common stock using the
own-bond-yield-plusjudgmental-
risk-premium approach?
g. Use the required return on stock from the CAPM model, and
calculate the WACC.
In: Finance
MATLAB is program
Respond fast please a quiz
Create a MATLAB script.
Using nested for loops, evaluate the multivariable function:
z = sin ( x ) cos ( y )
for
Display the matrix z
Cut and paste the following into a word doc and submit to this question.
In: Computer Science