Disparate Treatment Discrimination and Disparate Impact Discrimination Discussion Short Essays [25 points each] These essays should be answered in 1-2 para

Disparate Treatment Discrimination and Disparate Impact Discrimination Discussion Short Essays [25 points each] These essays should be answered in 1-2 paragraphs.(each question) Discuss the differences between disparate treatment discrimination and disparate impact discrimination. Be sure to give specific examples.What is the FCPA and what are some criticisms of this law?Long Essay [50 points] This essay should be 1-2 pages double spaced in length. Begin your essay by discussing the differences between patents, trademarks, and copyrights, and give specific examples of each. Also discuss the process (if any) by which one can patent, trademark, and copyright intellectual property. Next, read this article (https://abcnews.go.com/Politics/fuct-trademarked-supreme-court-hears-amendment-case/story?id=62405692) and any other background on this case that you wish and discuss whether profanity should or should not be able to be trademarked. Does it change your position if someone wanted to enforce their copyright on a work that includes profanity? McAdams | Dosanjh Zucker | Neslund | Smoker
LAW, BUSINESS,
and SOCIETY
Twelfth Edition
Law, Business,
and Society
Twelfth Edition
Tony McAdams
University of Northern Iowa
Kiren Dosanjh Zucker
California State University,
Northridge
Kristofer Neslund
Ashland University
Kari Smoker
State University of New York,
The College at Brockport
LAW, BUSINESS, AND SOCIETY, TWELFTH EDITION
Published by McGraw-Hill Education, 2 Penn Plaza, New York, NY 10121. Copyright © 2018 by McGraw-Hill
Education. All rights reserved. Printed in the United States of America. Previous editions © 2015, 2012, and
2009. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a
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ISBN 978-1-259-72188-5
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All credits appearing on page or at the end of the book are considered to be an extension of the copyright page.
Library of Congress Cataloging-in-Publication Data
Names: McAdams, Tony, author. | Zucker, Kiren Dosanjh, author. | Neslund, Nancy, author. | Neslund,
Kristofer, author.
Title: Law, business, and society / Tony McAdams, University of Northern Iowa; Kiren Dosanjh Zucker,
 California State University, Northridge; Nancy Neslund, University of New Hampshire School of Law;
Kristofer Neslund, Ashland University.
Description: Twelfth edition. | New York, NY : McGraw-Hill Education, [2018] | Includes index.
Identifiers: LCCN 2017026377| ISBN 9781259721885 (alk. paper) | ISBN 1259721884 (alk. paper)
Subjects: LCSH: Business enterprises—Law and legislation—United States. | Trade regulation—United States. |
Business ethics—United States. | LCGFT: Textbooks.
Classification: LCC KF1355 .M28 2018 | DDC 346.73/065—dc23
LC record available at https://lccn.loc.gov/
2017026377
The Internet addresses listed in the text were accurate at the time of publication. The inclusion of a website does
not indicate an endorsement by the authors or McGraw-Hill Education, and McGraw-Hill Education does not
guarantee the accuracy of the information presented at these sites.
mheducation.com/highered
About the Authors
Tony McAdams
Tony McAdams is an Emeritus Professor of Management at the University of Northern
Iowa. He earned a BA in History from the University of Northern Iowa, a JD from the
University of Iowa, and an MBA from Columbia University. Professor McAdams’ primary
teaching interests include government regulation of business, business and society, and
employment law. Professor McAdams’ research interests include managerial accountability, business ethics, and employment law. His scholarly articles have appeared in such journals as The Harvard Business Review, The Academy of Management Review, The Journal
of Business Ethics, and The American Business Law Journal. Professor McAdams received
the Iowa Board of Regents Award for Faculty Excellence, the Distinguished Teacher of the
Year Award from the student government at the University of Kentucky, and the University
of Northern Iowa College of Business Administration Excellence in Teaching Award.
Kiren Dosanjh Zucker
Kiren Dosanjh Zucker, author of Chapters 4, 6, 7, 12, 13, and 14, is a Professor of Accounting at California State University, Northridge (CSUN). She earned a BA in Political
Science from Syracuse University and a JD from the University of Michigan. A member of
the State Bar of California, she has served on its Committee of Bar Examiners and Committee on Professional Responsibility and Conduct. Her teaching and research interests
focus primarily on employment law, pedagogy, and accounting ethics. In 2001, she was
selected as a Master Teacher by the Academy of Legal Studies in Business, and in 2004 she
received the Outstanding Faculty Award from CSUN’s Students with Disabilities
­Resources Center. In 2004 and 2006, she also received a CSUN University Ambassadors’
Polished Apple Award. In 2014, CSUN Accounting students named her the Harvey
A. Bookstein Accounting Professor of the Year, and in 2015, she received the Master of
Science in Accountancy Program’s Outstanding Teaching Award.
Kristofer Neslund
Kristofer Neslund, author of Chapter 9, is Associate Professor of Accounting at Ashland
University. He holds a DBA from Kent State University, a JD from Lewis and Clark College, and an LLM in taxation from New York University. He is a CPA and a member of the
Oregon bar. Prior to entering academia, he was a tax partner in two law firms, as well as
the CFO of a telecommunications company operating in three western states. During the
academic year 2004 to 2005, he was a visiting professor in the Master of Professional
­Accountancy program at UNITEC in New Zealand, and a visiting professor of law at
the E
­ uropa Universität Viadrina in Germany and La Trobe University in Australia.
Dr. Neslund has more recently been a visiting professor of law at the University of New
iii
iv  About the Authors
Hampshire and Roger Williams University. He was selected for a Fulbright Scholarship in
Accounting at the University of Iceland for 2015. His research interests are corporate governance, the regulation of the accounting profession, securities regulation, and taxation.
He is presently the president of the Tri-State Academy of Legal Studies in Business and
president-elect of Region 4 of the Accreditation Council for Business Schools and
Programs.
Kari Smoker
Kari Smoker, author of Chapters 16, 17, and 18, is an Associate Professor of Accounting
at the State University of New York, The College at Brockport. She earned a BA in
Mathematics–Statistics and Economics from the University of Rochester, a JD from The
Ohio State University, and a Master’s of Taxation from Golden Gate University, School of
Taxation. She is also a Certified Fraud Examiner. Prior to entering academia, she worked
in public accounting at Arthur Andersen and also as an associate attorney at two law firms.
She served as president of the Greater Rochester Association for Women Attorneys and
continues to serve as a committee member for the Rochester Business Ethics Foundation.
During the academic years 2004 to 2010, she was a visiting professor at St. John Fisher
College. She teaches tax law as well as government and nonprofit accounting. In 2009, she
received the Rochester Business Journal’s Forty under 40 Award, and in 2014 and 2015,
she received the Faculty of the Year Award from SUNY Brockport’s School of Business
Administration and Economics. In 2017, she received the President’s Award for Excellence
in Teaching at SUNY Brockport.
Preface
Approach
Our primary goal is to provoke student thought. To that end, we place heavy emphasis on
analysis. We consider the questions we ask more important than the answers to those questions. We introduce the student to existing policy in the various substantive areas to encourage understanding and retention, as well as careful thought about the desirability of
those policies.
Our book takes a strong public policy orientation. Attention in Unit I to political economy and ethics is a necessary foundation on which the student can build a logical understanding of the regulatory process. Thereafter, those business and society themes persist
throughout the book. In virtually every chapter, we look beyond the law itself to other social and environmental forces. For example, in the antitrust chapters, economic philosophy
is of great importance. Antitrust is explored as a matter of national social policy. We argue
that antitrust has a good deal to do with the direction of American life generally. Law is at
the heart of the fair employment practices section, but we also present material from management, sociology, history, and popular culture to treat fair employment as an issue of
public policy rather than as a series of narrower technical legal disputes. The law is studied
in the economic, social, and political context from which it springs. These multidimensional approaches characterize most chapters as we attempt to examine the various topics
as a whole and in context. At the same time, the law remains the core of the book.
Broadly, our adjustments for this twelfth edition were designed to refresh the book and
achieve increased reader interest, but more specifically this edition is directed to the nation’s ongoing debate about how much government we need in our lives, particularly in our
business lives. International issues also receive extensive attention, as well as critics of
business values and the American legal system. Although the general structure and philosophy of the book are unchanged, we have made significant revisions including many
new questions and several new law cases. Law cases are long enough to clearly express the
essence of the decision while challenging the reader’s intellect.
WHAT’S NEW
Chapter 1 includes discussion of the Wells Fargo scandal, an updated overview of economics and politics in China and Russia, and a brief glimpse at Brexit as well as Martin
Shkreli, indicted financier and exploiter of the U.S. pharmaceutical market. Thomas
­Piketty’s highly publicized research examining income inequality and the decline of the
middle class is also discussed.
Chapter 2 offers updated discussions of the governmental response to the role of big
banks in the Great Recession that resulted in large fines for big banks but few white-collar
imprisonments. General Motors’ ignition switch failure is examined as a business ethics/
v
vi  Preface
criminal scandal, and a brief case study of the ethical implications of working for a boss
who is an authoritarian “jerk” also is provided.
Chapter 3 examines criticism of a “rigged” U.S. tax code permitting tax havens abroad,
as well as corporate and family wealth as threats to democracy, along with evidence of an
increasing embrace of social responsibility by the business community and millennials.
The decision of Dan Price, Gravity Payments CEO, to implement a $70,000 minimum
wage for his employees also is discussed.
Chapter 4 poses such questions as whether a Missouri court can assert jurisdiction over
a Texas vehicle dealership in a breach of contract claim brought by a Missouri resident
who purchased a truck on eBay from it, and whether an employer’s discovery request for an
employee’s cellphone GPS records to defend against a wage claim should be granted. The
discussion of whether a party to a lawsuit can be served a summons via Facebook is updated. Whether online legal services such as the smartphone app Shake resolve or make
starker the differences in access to justice also is considered. Discussion of the bill “The
Fairness in Class Action Litigation Act of 2017” is included.
Chapter 5 looks at the case of Barronelle Stutzman, the Washington floral shop owner
who declined to sell flowers for use by her friend in his same-sex marriage, as well as the 2015
Obergefell Supreme Court decision affirming a constitutional right to same-sex marriage. The
discussion of hate speech is updated to include the fear arising from Donald Trump’s rhetoric,
as well as a look at the controversial Oregon rock band’s name: “The Slants.”
Chapter 6 offers an updated look at contractual principles that will engage today’s college student. A new Legal Briefcase rules on the issue of whether a liability release signed
by a gym member who does not speak or read English is enforceable. A new heading on
the Uniform Electronic Transactions Act (UETA) includes a discussion of a 2016 Massachusetts case on whether text messages satisfy the Statute of Frauds, and a “box question”
on contract negotiations via text messaging that includes an “emoji-only” reply. A new
Internet question asks students to compare the 2016 trial of a Thomas Jefferson School of
Law graduate’s fraud claim against the law school with fraud claims brought against Trump
University. One of the new chapter-end questions considers an Indian Sikh’s son’s 2016
modern Hamer v. Sidway claim. Updated examples include agricultural drones replacing
computer sales to illustrate compensatory damages for sales of goods contracts.
Chapter 7, using recent cases arising from secret picture taking and videotaping in gym
locker rooms, updates its discussion of invasion of privacy while posing challenging questions requiring students to compare and contrast sets of facts, and consider whether and in
what circumstances secretly taking images of another should be a crime. A new Legal
Briefcase on negligence asks: should a restaurant serving “sizzling platters” be held liable
for injuries suffered by a customer who prayed over the food at his table? The bill the Lawsuit Abuse Reduction Act of 2017 is discussed. The case of the parents of an Aurora, Colorado, movie theater shooting victim who had to pay the legal fees of the gun ammunition
sellers they had sued is also offered for discussion. A chapter-end question on initial lawsuits arising from the December 2016 Ghost Ship fire in Oakland, California, in which
dozens of people attending an electronic music concert in a warehouse zoned for commercial purposes were killed, asks students to identify defendants and possible claims.
Chapter 8 provides a discussion of the growing federal–state, and state versus state,
conflict over marijuana legalization, as well as the Federal Communications Commission’s
Preface  vii
treatment of the Internet as a public utility, thus subjecting it to greater government oversight including net neutrality. Also discussed is whether the “new economy” including
ride-sharing services (Uber) and short-term rentals (Airbnb) need more regulation.
Chapter 9 includes a new heading on activist investors, recounting the history of shareholder activism from hostile takeovers in the 1980s to today’s campaigns to improve management and board performance, as well as a new heading on major issues faced by boards
of directors, including cybersecurity. An updated discussion of securities crowdfunding is
also provided. The 2016 U.S. Supreme Court case of Salman v. United States on whether
the tipper has to receive a personal benefit to be held liable for insider trading is included
as a new Legal Briefcase.
Chapter 10 examines critics’ arguments for enhanced antitrust enforcement as a remedy for high prices, income and wealth inequality, barriers to new competition, and the
distortion of democracy. The application of antitrust law to daily life, including the price of
beer, human eggs, and e-books, is discussed, along with athletes’ claims against the NCAA.
Antitrust law’s application to employee “poaching” policies in the Silicon Valley also is
included.
Chapter 11 poses challenging questions such as: Are tech giants like Amazon abusive
monopolies? Is industry consolidation a threat to the economy? The AB InBev’s merger
with SABMiller and other proposed mergers, including one among all of the world’s leading agrichemical giants, also are highlighted. The Federal Trade Commission’s lawsuit
blocking the proposed Staples–Office Depot merger also is included.
Chapter 12 updates employment law issues and trends, including an introductory discussion of a case that asks if an employer should be allowed to terminate an employee for
using medical marijuana with a state-issued license. The impact of the “gig” or “ondemand” economy and the employment relationship is explored. Along with a new subheading on “Online Reputation” of job applicants, the discussion of résumé fraud is updated. The current status of an Obama administration overtime pay rule is offered, as well
as updates on the minimum wage. The impact of labor regulations on unpaid internships is
explored through a box highlighting the Conde Nast fellowship program. The impact of
employer-led “fitness tracker” programs and competitions also is offered for discussion. A
new Legal Briefcase asks whether an at-will employee can sue an employer for fraud. The
Deepwater Horizon discussion is updated with a video clip from a recent movie inspired by
those events. Millennials’ possible impact on the enforceability of restrictive covenants
also is offered as a point to consider.
Chapter 13 updates the religious accommodation case against Abercrombie & Fitch,
and discusses the EEOC’s November 2016 Enforcement Guidance on National Origin Discrimination that brings the new glossary term “intersectional discrimination.” The debate
over the EEOC’s systemic enforcement approach is offered with reference to the Texas
Roadhouse case, and the 2017–2021 EEOC Strategic Enforcement Plan also is covered.
The “gender gap” in workplace opportunities that may have resulted from employers’ antiharassment policies is discussed, and chapter-end questions cover recent high-profile racial
harassment and discrimination claims. A disability discrimination claim of a grocery store
bagger with Down syndrome who was fired for cursing and insulting a cashier in the presence of customers also is included. A box on high-profile claims of sex discrimination
in Silicon Valley offers questions on workplace culture. Competing Executive Orders on
viii  Preface
sexual orientation and gender identity discrimination protections between the Obama and
Trump administrations are included. A new Legal Briefcase offers a fresh look at disparate
impact in an appellate decision on a claim brought by prison guards.
Chapter 14 integrates the 2015 NLRB election rule and provides updates that include
discussion of recent NLRB cases on social media postings as protected activity, political
pins at work, and ethics questions regarding the use of prisoners as laborers. The U.S.
Supreme Court’s 2014 decision in Harris v. Quinn is discussed, and the “right to work”
material is updated. An emerging approach to farm labor practices is highlighted.
Chapter 15 includes discussion of the fraud allegations against Trump University, as
well as celebrity bankruptcies. The Food and Drug Administration’s decision to regulate
e-cigarettes also is discussed.
Chapter 16 discusses how globalism, and, alternatively, the recent surge in nationalism,
may influence trade and immigration policies. The impact of Brexit on trade agreements is
examined. Facebook’s efforts to update its global community standards to protect minority
groups around the world and its collaborative effort to counter hate speech in Germany are
discussed, along with the broader question of whether and to what extent Internet providers
have a responsibility to regulate “fake news” posted on their news feeds. The European
Union’s $14.6 billion tax assessment against Apple also is discussed. Updated cases explore corporations’ liability for tortious acts overseas, including a chapter-end question on
the aiding and abetting of child slavery in the Ivory Coast.
Chapter 17 includes discussion of the ethical aspects of the water crisis in Flint, M
­ ichigan,
and the socioeconomic factors that may have made the community more vulnerable to environmental injustice. The Fiat Chrysler and Volkswagen emission scandals also are explored.
A discussion of the Paris Agreement reached at the 2015 Paris …
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