Business Law Report

Business Research – 4 Source Summary

Turn in four sources, see below, and a two-paragraph summary of each source. Each group member must submit their own four sources.

Additional sources that discuss the legal principles of your topic in-depth (another textbook, for example – there are several on reserve at the Library, a legal dictionary, law journal, or a book on your topic) (2 sources required)
One recent (within the past 2 years) source from a magazine that discusses the implications of your topic for business. That source can be a business magazine or legal journal (the online editions of printed magazines are acceptable sources; purely online sources are NOT). (1 source required)
One relevant case – a published appellate course opinion, full review – in the past 10 years that really clarifies the important factors that courts consider when deciding the cases. (1 source required) Example Appellate Court Case opinion (Links to an external site.)
Topics:
Product liability: warning defects

Discrimination based on age in the workplace

Laws on the classification of workers are independent contractors vs. employees

Quid pro quo sexual harassment

Intellectual property – Music

 

 

 

Report on Business Law

Wright, Richard W. “The Principles of Product Liability.” Rev. Litig. 26 (2007): 1067.

Since the inception of the tort law there has been raging debates on the subject of product liability. However with the advent of more rigid judicial structures the law of product liability has become a building block in the development of the business legal framework. This has been primarily attributed to the chronological uprising of controversies amongst lawyers based on the interrelated issues of proper rationale and grounds of liability. After more than 100 years in 1944 the product liability law morphed into maturity amidst the landmark case in 1944 Escola v. Coca Cola Bottling Co in which the plaintiff tabled irrefutable evidence of inferred negligence as echoes but the California Supreme Court.

Given the harsh legal treatment of unhealthy and unlawful products it is of paramount importance for the plaintiff and defendant to become fully acquainted with the grave dangers of permitting a dangerous but useful product to minimize negative and adverse effects to the consumer.  Primarily this involves   a refined design of the construction defects, warning defects, design defects   as well as proving reasonable rationale as embedded in the principle of product liability. The Principle of Product liability is engineered on the notion that a manufacturer should understand the veritable complexity and complacency of designing products labelled with warning to avoid eminent dangers and adverse effects on the environment.

Shore, Lynn M., and Caren B. Goldberg. “Age discrimination in the workplace.” In Discrimination at work, pp. 231-254. Psychology Press, 2013.

For decades employers exercised high disregard for   hiring and based on the age bias.  However in today’s contemporary world there is a renewed political debate challenging this enigma that fuel stigma and stereotypes of age in the workplace. As a result the Federal justice system and policy makers have launched the new as well integrated work Age discrimination in the Employment Act of 1967 to safeguard the workers above 40 years from employee discrimination. The law is viable to firms and companies that have twenty or more employees. In this light this law eradicates age discrimination issues affecting elderly people in the workplace.

Although discrimination is presented as a problem affecting the old, the stereotypes it cuts across all age groups. Young people experience bias in the workplace. According to scholarly experts exposure to age bias in the workplace affects their psychological and emotionally being as there are in their formative years and can develop a negative perception about work. On the other hand age discrimination in the work place disrupts the physical, emotional and financial wellness of the elderly.

Barron, Myra H. “Who’s an Independent Contractor? Who’s an Employee?” The Labor Lawyer (1999): 457-473.

In today’s new digitally integrated world there is a rapid shift in the ways of practicing and conducting businesses. This has largely contributed to the various technological advancements that have redefined the employer-employee relationship. In this regard majority of employment classification laws in the United States have been outdated and can no longer keep up with the rapidly changing environment. As a result the seeds of misclassification issues in the work environment have started to become more eminent in the legal field. Following this it is of paramount importance for the Federal system to formulate laws that classify the distinct work profiles. Therefore amidst all these changes employees in conjunction with the legal frameworks have come with a new employee classification scale to distinguish between independent contractors and employees. This has greatly contributed to the growing body of equality, justice, fairness and honesty in the workplace.

The judiciary has challenged the status quo to achieve better working conditions and alleviate misclassifications that happen in the job environment. In this light of approach the Federal government in collaboration with the Judiciary has deployed the Internal Revenue Code and the Fair Labor Standards Act that is mandated to cover employers whose workers are employees. Since its inception the IRC subjects employers to honor employment taxes such as Social Security, Federal Unemployment Insurance and Medicare. On the other hand the FLSA obligates employer to pay overtime fees to the employees.

Einhorn, Michael A. “Intellectual property and antitrust: Music performing rights in broadcasting.” Colum.-VLA JL & Arts 24 (2000): 349.

With the new wave of digitalization disrupting the way people consume art there has been a sudden spike in scholarly debates on the effectiveness of the intellectual property laws on combating music irrregulaties. Intellectual property laws vary depending on the functionality, practicality, legal origin and model of enforcement.  For example common intellectual property laws are introduced to secure property rights and avoid unauthorized access to the media.

In the wake of 1934 the Antitrust Division of the US legal system purposed to regulate the monopolistic music industry by enforcing a nationwide music licensing of music performances statutes under the two major performance rights organizations, the American Society of Composers, Authors, Publishers and Broadcast Music Inc. However in 1941 the Depart of Justice conducted an extensive investigation into the models and strategies employed by ASCAP and BMI in monitoring music activity across the country. Eventually this led to modifications that were passed into legislations in 1960 and subsequently in 1994. As part of its duty to  protect the art and artistry work  from copyright and infringement issues the court passed into the law Intellectual property- music statute in Jun 2001 that aimed at resolving the monopoly issue concerns. Since the ASCAP has been granted full powers to regulate and publicly manage music compositions in non-scenic areas in the United States.

Works Cited

Barron, Myra H. “Who’s an Independent Contractor? Who’s an Employee?” The Labor Lawyer (1999): 457-473.

Einhorn, Michael A. “Intellectual property and antitrust: Music performing rights in broadcasting.” Colum.-VLA JL & Arts 24 (2000): 349.

Shore, Lynn M., and Caren B. Goldberg. “Age discrimination in the workplace.” In Discrimination at work, pp. 231-254. Psychology Press, 2013.

Wright, Richard W. “The Principles of Product Liability.” Rev. Litig. 26 (2007): 1067.

 

 

 

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