Paula Plaintiff’s Really Bad Week, Part 2
In this assignment, you’ll need to decide whether Paula Plaintiff has any legal claims arising from another series of unfortunate events. After reading the scenario, answer the questions that follow, making sure to fully explain the basis of your decision.
Paula’s bad luck continues. Five days after the events detailed in your last assignment, Paula returns to work at Capstone Corporation. Unfortunately, she used her company e-mail to send her mom a personal note about her injuries, despite being aware that Capstone’s company policy prohibits use of company e-mail for personal communication. Paula’s supervisor, Mikey Manager, discovers Paula’s violation and Paula is reprimanded. When Paula goes home, she uses her personal computer to post disparaging comments about her boss and Capstone Corporation on social media. The next day, Paula is fired from her job.
After several days of bad luck, Paula believes her luck is about to change. She finds a new job in a nearby town. Paula had been using the bus to go to work at Capstone Corporation, but she will need to purchase a car to commute to her new job. Fortunately, her neighbor Freddy Ford has just purchased a new vehicle and is selling his old Mustang. Paula meets with Freddy and agrees to purchase the Mustang for $1000. The parties also agree that Paula will bring Freddy the money the next day when she picks up the car. The next day, Paula calls Freddy and says, “I have the money. I’d like to come pick up my car.” Freddy replies that Paula is too late. He sold the car earlier in the day.
In a 6–10 paragraph paper, answer the following questions:
- Does Paula have any legal claims against Capstone Corporation? What about Paula’s actions? Does Paula have a contract with Freddy to purchase the car? Consider the following:
- Does Paula have a right to privacy when using Capstone Corporation’s e-mail system? Discuss one’s right to privacy and relate it to the facts in the scenario.
- Can Paula be legally fired from her job for making negative comments about her boss and her company on social media? What about free speech? Discuss these issues and relate them to the facts of the scenario.
- Do Paula and Freddy have a contract for the sale of the Mustang? Discuss the elements of a contract and relate those elements to the facts of the scenario.
Public concern for the natural environment is a relatively new phenomenon, dating from the 1960s and Rachel Carson’s seminal book Silent Spring, published in 1962. Thirty years later, Cormac Cullinan’s Wild Law proposed “earth justice” or “earth jurisprudence,” a concept underlying the law’s ability to protect the environment and effectively regulate businesses that pollute. The preoccupation with business success through investment in corporations, in contrast, is a much older concept, dating back at least to the creation of the British East India Company in 1600, and the widespread emergence of the corporation in Europe in the 1700s that later spread to the United States and beyond.
Here is one of the basic issues: If a business activity harms the environment, what rights does the environment have to fight back? Corporations, although a form of business entity, are actually considered persons in the eyes of the law. Formally, corporate personhood, a concept we touched on in the preceding section, is the legal doctrine holding that a corporation, separate and apart from the people who are its owners and managers, has some of the same legal rights and responsibilities enjoyed by natural persons (physical humans), based on an interpretation of the word “person” in the Fourteenth Amendment.
Your text provided numerous examples of why there is a need for regulation of business activity – toxic substances in the workplace, water pollution, electronic waste, and so forth, to protect the environment. Consider, as well, the advocacy of proponents of the concept of earth justice who cite the following example. The 2010 Deepwater Horizon oil spill in the Gulf of Mexico at five million barrels of displaced oil was ten times larger than the famous Exxon Valdez oil spill. The British Petroleum Deepwater Horizon oil spill remains the largest and most widespread ocean spill in the history of the global petroleum industry. It affected not only thousands of businesses and people, but also the entirety of the Gulf of Mexico. Earth justice advocates believe the Gulf of Mexico should be recognized as a “person” for purposes of suing BP in court under a negligence tort theory. A more recent case that supports this view is that of Volkswagen, which we discussed earlier in the semester. There the Environmental Protection Agency found that Volkswagen rigged its vehicles to pass emission tests, causing considerable harm to the environment, while deceiving drivers and federal regulators.
Another argument in support of granting legal recognition to the environment similar to corporations is the larger viewpoint that society as we know it will be sustainable only if we recognize the legal rights of earth as if it were a legal entity, a person. It may be the best means to preserve the planet for future generations especially when so much pollution is not visible to the public.
Others argue this notion of earth justice is too far-fetched. In fact, they cite numerous examples of corporations operating in an environmentally responsible and sustainable fashion. For instance, General Motors has developed hydrogen fuel cell technology to power cars and now commercial trucks. The technology, which mixes hydrogen with oxygen to create electricity, propels a vehicle’s motors and emits only water vapor. This technology came about without government regulation. A California company recently won approval in Singapore to sell chicken grown from poultry cells, a technological step that aims to revolutionize meat production and eliminate the greenhouse gas methane from the traditional agriculture process. Again, no government regulation was required, the market system is working.
So, this is your basic exam question(s):
1) Are you in favor of giving the environment legal recognition to sue corporations in tort for harming the environment? Why?
2) If you were a business owner, would you be willing to spend company resources on environmental issues, even if not required to do so by law? If so, would you be able to justify your actions to shareholders and investment analysts as smart business decisions?
3) In one sentence, what was your take-away from listening to the Ethics lecture. If you did not listen to it, then tell me so.
No formal page requirement. Answer the questions asked. Examples and facts matter. Think before you write. Be concise and precise. You are free to use your own materials.
For EACH of the three questions below, there should be a three page double spaced response.
1. Which countries crime prevention and control strategies appear to be most effective to you and why? (please answer with a three paged double spaced response)
2. Please write short notes, at least 500 words each on the three topics below.
- Sexual Exploitation
- Building Community Resilience
- Women In Law Enforcement
- 3. Your text is based on experience’s and realities of countries all over the world, how does this book help you to understand the American realities in regards to criminal justice and more specifiably, policing? (please answer with a three paged double spaced response)
The importance of Domestic violence awareness
the effects it has on families
how it mentally effects a person
how the proposal benefits the victim
why the proposal is important
how will this proposal effect the country
why the country should fund this proposal
Times new roman
Size 12 font
Do you believe in the legalization of drugs? All drugs or certain categories? Do you believe there would be an increase in the number of people reporting use?
If DARE does not work, what intervention may work better?
The war on drugs has huge impact on not only poorer neighborhoods, but also the U.S. in general. The spillover from Mexico impacts the US in various ways (kidnapping, deaths, etc). What do you believe is the best strategy to combat the violence? How would you implement your strategy?
Should drugs be a legal or public health issue? Comparative analysis from other countries should be provided for substantive discussion.
Specialty courts have been developed for various categories of crimes and offenders (e.g., mental health, substance use, domestic violence). Are there crimes or offender types in which a specialized court should be developed? Why or why not? How would it be implemented? What would it offer that traditional courts cannot?
The right to vote and hold office are civil disabilities that affect many felons, especially those who are minority and from impoverished communities. Do you believe that felons should be granted their right to vote upon parole? Determine any pros and cons to the issue? Should former inmates be granted the opportunity to seek an elected office? Is there a difference between them and those currently in office?
Is restorative justice possible in the United States? Why or why not? How should it be implemented?