OPTION A case for session Two. 

Please note that you should review general instructions on the module for Option A and briefing a case document directions and also read the specific instructions given below. These instructions for option A, session two address not only the dissenting opinion, but what you need to do for questions 2 and 4.  Please read chapter 6, and pay attention to the tort of appropriation. Some state laws refer to appropriation as a right of publicity, others find appropriation is an invasion of privacy while a right of publicity is taking identity for commercial gain. 

Case for Session Two: In Re: NCAA Student-Athlete Name & Likeness, Keller v. Electronic Arts , 9^th circuit, July 31, 2013. (Note that in 2014 the US Supreme Court denied review (sought through certiorari by Electronic Arts) of this case meaning the US Supreme Court neither agrees nor disagrees with the majority decision. 

To find the case, use Lexis Nexis and Type Keller in the plaintiff’s box and Electronic Arts in the defendant’s box (Lexis/Nexis find a legal case). In your brief caption, the party names will follow In RE (You can copy the abbreviated caption for your brief as given above). It is up to you to add the citation, date, etc.

Not Putative class action: There is no need to spend time discussing the putative class action in your brief or in any of your answers. This simply means that while 9 plaintiffs are involved at this stage, more might be added later if the court denies defendant’s motion. 

The caption here is “In Re” since the court is considering whether the complaint can even be considered by the court, owing to the defendant’s motion to strike using the anti-SLAPP law.

Strike a complaint: the defendant moved to strike Keller’s complaint (have it dismissed)

Anti-SLAPP defense: The defendant used the anti-SLAPP statute as a basis for striking the complaint.

The California anti-SLAPP statute is described in the opinion. The goal of this statute is to protect First Amendment rights when civil lawsuits are filed as a strategic method to suppress and discourage ‘protected’ speech that benefits the public by claiming that other laws (such as trademark infringement, copyright infringement, defamation, right of publicity) have been violated.  If the defendant can show that the plaintiff’s case for other legal violations (trademark, etc.) is weak—that the entire lawsuit would work as a strategy discouraging protected expression– then the court will probably strike the complaint.  In this case, the plaintiff agreed at the outset  that video games, creative works, are protected expression under the First Amendment. But that does not automatically mean that all speech (all games) will be protected if other laws (copyright, right of publicity) appear to have been violated. So read the case to find out what the court said about the right of publicity and the game in this case. Then read the dissenting opinion, which offers a different perspective of one judge who disagreed with the majority of the appellate court.  

Dissenting opinion: You will not include this in your Decision/Reason sections but you must read this and for question 4, you must discusswhether the majority opinion or the dissenting opinion accords with ‘justice’.  Your answer to question 4 will therefore be at least a solid paragraph (5-6 sentences at least).

Question 2 Ethical Analysis of plaintiff, defendant and National Collegiate Athletic Association (NCAA) Board:  Obviously, give an ethical analysis of the defendant (their game).  The ethical analysis of the plaintiff should focus not on the plaintiff but only on the NCAA contractual requirement preventing college athletes (who sign the NCAA contract) from seeking commercial gain. (See the dissenting opinion, footnote 5). Is it ethical to require college athletes to give up their rights of publicity? 

Some relevant portions of the anti-SLAPP law in California Code of Civil Procedure.425.16. are as follows:  (Source:http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=425.16

(a) The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The Legislature finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this section shall be construed broadly.

(b) (1) A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.

(2) In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based.

(3) If the court determines that the plaintiff has established a probability that he or she will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, or in any subsequent action, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination in any later stage of the case or in any subsequent proceeding.

(c) (1) Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.on in this case? . . .  . . . . ..

. . . . . . . . . . . . . . . . .. . 

(e) As used in this section, “act in furtherance of a person’s right of petition or free speech under the United States or California Constitution in connection with a public issue” includes: (1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law, (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law, (3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest, or (4) any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.

 

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I only need part 3 !!!! The company you’ll be writing on is SAMSUNG. Note that this is an HRM Capstone Course — the assignments must all pertain to strategic HRM.

Part 3 – Financial Analysis (due in Week 3): Nearly every problem or issue confronting an organization has a financial or budgetary impact. For instance, staff turnover has not only a direct cost on recruitment expenses, training costs, and productivity, but also an indirect cost related to the loss of organizational learning. In Part 3, detail the financial implications to the organization related to your problem or issue, including the additional costs that may arise if the problem or issue is not resolved effectively. The paper should be 1-2 pages.

Final Paper

As the global marketplace becomes increasingly more competitive, it is incumbent upon human resources to broaden its strategic mission and become a strategic partner with executive staff. This requires human resources to have a detailed understanding of not only the human resources field, but the strengths and challenges of its organization, and the complexities of its industry. Through these units of knowledge, human resources can maximize its value by providing competent advice and counsel to its organization as it strives to achieve its strategic objectives.

The comprehensive Final Paper comprises four parts, with Parts 1, 2, and 3 submitted during the first three weeks of the course. In Week 5, a cohesive final paper will be due that includes Part 4, an executive summary, and the previously submitted Parts 1, 2, and 3. This final paper should be eight to ten pages and should incorporate any comments or suggestions made by the instructor on Parts 1, 2, and 3.

Focus of the Final Paper

In your final project, you are to choose a major problem/issue affecting an organization of your choice, and then utilize your detailed knowledge of human resources and strategic planning to develop a comprehensive plan that minimizes, and hopefully eliminates, this threat to your chosen organization’s ability to meet its long-range organizational goals and objectives. The components of this comprehensive project are as follows:

Part 1 – Overview of Organization/Problem (due in Week 1): In a 2-3 page paper, provide an overview of the organization and the problem/issue that challenges that organization. Next, detail how the problem/issue affects (or can affect) the future viability of the organization. Finally, discuss the principle role of human resources in an organization and how human resources can provide critical advice and counsel to the organization in addressing this challenge.

Part 2 – Environment Analysis (due in Week 2): Optimal solutions are determined when a researcher has a thorough understanding of a company and its industry, along with the strengths and weaknesses that impact its future viability. In the second part of your plan, perform a SWOT Analysis (Strengths, Weaknesses, Opportunity, and Threats) on your chosen organization and provide an analysis of these results in light of the problem or issue under study. Be attentive to identifying how the problem or issue impacts the organization and its competitive position within the industry. The paper should be 2-3 pages.

Part 3 – Financial Analysis (due in Week 3): Nearly every problem or issue confronting an organization has a financial or budgetary impact. For instance, staff turnover has not only a direct cost on recruitment expenses, training costs, and productivity, but also an indirect cost related to the loss of organizational learning. In Part 3, detail the financial implications to the organization related to your problem or issue, including the additional costs that may arise if the problem or issue is not resolved effectively. The paper should be 1-2 pages.

Part 4 – Recommendations (due in Week 5): The final part of your comprehensive project incorporates your recommendations. Based on your work in Parts 1, 2, and 3, provide 2-3 recommendations to organizational leadership that would resolve the problem/issue in question. Be sure to detail any challenges the organization should consider in implementing your recommendations (culture, motivation, etc.) and your strategy to overcome these challenges. The recommendations section should be 2-3 pages.

The Final Paper due at the end of Week 5 will comprise Parts 1, 2, 3 and 4. It should begin with an Executive Summary, which is an abbreviated capture of the entire paper and as such should touch upon all major points while engaging the reader. The final paper should be 8-10 pages.

Note that some of the information related to this project may not be readily available in course materials, requiring you to research contemporary management trends in the public sector.

Writing the Final Paper

The Final Paper:

Must be eight to ten double-spaced pages in length, and formatted according to APA style as outlined in the Ashford Writing Center.

Must include a title page with the following:

Title of paper

Student’s name

Course name and number

Instructor’s name

Date submitted

Must begin with an introductory paragraph that has a succinct thesis statement.

Must address the topic of the paper with critical thought.

Must end with a conclusion that reaffirms your thesis.

Must use at least four scholarly sources.

Must document all sources in APA style, as outlined in the Ashford Writing Center.

Must include a separate reference page, formatted according to APA style as outlined in the Ashford Writing Center.

The company you’ll be writing on is SAMSUNG.

Note that this is an HRM Capstone Course — the assignments must all pertain to strategic HRM.

 

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• importance of reservations, customer database, and effective seating.

Assignment

To receive full credit for this Discussion Forum assignment and to facilitate an academic discussion, the following 3 parts need to be completed:

1. Primary Task Response – must be posted in the forum 5 days prior to the Part 3 due date.
2. Peer Response – must be posted 2 days prior to Part 3 due date.
3. Summary Response – must be posted by due date listed in assignment list.

Part 1: Primary Task

Within the Discussion Forum area, write in no less than 150 words that respond to the following questions with your thoughts, ideas, and comments. This will be the foundation for future discussions by your classmates. Be substantive and clear, and use examples to reinforce your ideas.

Choose one of the following methods to assist for your paper submission

Choice #1

Create a job description for a host position in an upscale restaurant.

Include the following:

1. Duties/tasks

2. Character traits

3. Communication skills

4. Technology skills

5. Experience

6. Education

 

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The requirements below must be met for your paper to be accepted and graded:

• Write between 750 – 1,250 words (approximately 3 – 5 pages) using Microsoft Word in APA style, see example below.
• Use font size 12 and 1” margins.
• Include cover page and reference page.
• At least 80% of your paper must be original content/writing.
• No more than 20% of your content/information may come from references.
• Use at least three references from outside the course material, one reference must be from EBSCOhost. Text book, lectures, and other materials in the course may be used, but are not counted toward the three reference requirement.
• Cite all reference material (data, dates, graphs, quotes, paraphrased words, values, etc.) in the paper and list on a reference page in APA style.

References must come from sources such as, scholarly journals found in EBSCOhost, CNN, online newspapers such as, The Wall Street Journal, government websites, etc. Sources such as, Wikis, Yahoo Answers, eHow, blogs, etc. are not acceptable for academic writing.

 

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Internet domain names are linked to trademark issues. Technology makes it easy to copy and distribute music and movies without paying royalties.  Business conducted on the internet raise security and privacy issues.  What legal concerns are raised by these issues? Predict which of these issues will be of major concern in the future in regard to the law and business practices.

NOTE: This is a discussion post not a paper. 250 words. Site all work so there is no plagiarism at all. The work gets put through a scan that looks for plagiarizing.   

 

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