Please answer the following questions, in your own words. Pretend you are writing for someone who knows something about business but nothing about law.
1. Cite actual language from the U. S. Constitution to demonstrate three different and specific ways in which the Constitution creates "a more perfect market" (though NOT intellectual property, see below). Explain why these clauses do in fact create a better market.
2. Go online and find the 20 least populous states. Add up their populations. What % of the total U S Population do these 20 states account for? What % of the U S Population does the state of California account for? It takes 40 Senators to sustain a "filibuster." With all this in mind: a) define filibuster, as it is currently used in the U S Senate (you will need to look this up), b) describe how the Senate "2-seat" rule plus the filibuster affects the balance of power between the states, c) identify those industries that you think would be favored by this arrangement d) comment on whether or not the Senate a democratic institution.
3. Please consider the 10th Amendment. Restate it in plain, modern English. How does this amendment comport with the historical fact that the Constitution was "ratified" by the 13 "states"? Do you believe that the 10thAmendment is still honored by the U. S. Government? Why or why not?
4. Please read the following clause from Article 1, Section 8 of the Constitution:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
Why is this clause important to the practice of business in the USA? Give examples and be specific. Since this course is about Law, Business, and Society, please explain who wins - and who loses - when the "limited Times" referred to above are extended too long. Cite some examples to illustrate your ideas.
5. Argue pro or con to the following assertion: Due to advances in technology, we the people no longer have "4thAmendment rights" against unreasonable search and seizure. Use readings and cases from the course to support your position.
6. a) In simple English, describe the process required to amend the U S Constitution. Again, there is that word "ratify." Why must amendments be ratified? B) In class, we said that one could get a sense of U. S. history by examining a timeline of the Amendments to the Constitution, and their dates of ratification. Choose one "Amendment driven" period in U S History, and describe the Amendments that came about because of historical forces at that time. How did these amendments change the nature of the country?
7. A) Do you believe that the 2nd Amendment guarantees every American the right to own and carry semi-automatic weapons, such as an assault rifle? Why or why not? B) What industries, businesses, and factions in society are favored economically by our current interpretation of the 2nd Amendment?
8. Suppose there is the possibility of substantial escalation in political/miltary tensions between the U S and the PRC (China) because of the perceived threat of the PRC "acting" in the South China Sea and neighboring regions, which leads some political leaders to exclaim that "China is winning!" What industries do you think would likely see an increase in their earnings and share prices because of this escalation? Pick a leading company in each of these industries, and suppose you are its CEO. What instructions would you give to your Washington lobbyists and Public Relations firms? Please explain. What amendment to the Constitution permits you to do what you are doing? Please explain.
1. Please visit the United States Sentencing Commission website:
www.ussc.gov
and go to the current Guidelines Manual. Review the following Sentencing Table:
https://www.ussc.gov/guidelines-manual/2015/2015-chapter-5#5asentab
Fraud Schedule { 2B1.1 }
https://www.ussc.gov/guidelines-manual/2015/2015-chapter-2-c#2b11
Corporate Base Fines:
https://www.ussc.gov/guidelines-manual/2015/2015-chapter-8#8c24
Culpability Scores:
https://www.ussc.gov/guidelines-manual/2015/2015-chapter-8#8c25
Corporate Multipliers:
https://www.ussc.gov/guidelines-manual/2015/2015-chapter-8#8c26
Assistance to Authorities {5K1.1}
https://www.ussc.gov/guidelines-manual/2015/2015-chapter-5#5k11
a) Then: explain how - in the event that a crime has been commited by a business and some of the individuals employed there - the Sentencing Guidelines set up a "prisoner's dilemma" between the individual professional and his or her firm. Be specific.
b) Do white collar corporate professionals have "Miranda rights" in the workplace? Explain clearly and specifically, using the "Pollution Case" we discussed in class as an example.
{Note: we did not cover all of this in class, but you are very capable students, and surely up to figuring out the details of the guidelines.}
2. Starting about 1980, the U. S. Government declared a "war on drugs," which among other things increased the number of incarcerated individuals by roughly a factor of 3-4 over 30 years, up to well over 2,000,000 people:
https://en.wikipedia.org/wiki/Incarceration_in_the_United_States#/media/File:US_incarceration_timeline-clean.svg
Review the materials under the tab "Criminal Justice System," as well as "Prisons Food For Thought," then explain: what groups and factions in society have an economic or business interest in pursuing a "war on drugs"? How have such groups and factions worked to advance their interests?
3. Please explain how a criminal prosecution and trial could be viewed as an hypothesis test. In such a scheme, what constitutes a "Type I Error"? a "Type II Error"? What probability of Type I Error is acceptable for charge of a) white collar crime? b) dealing cocaine? c) 1st degree murder in Houston Texas? Comment on your answer in light of the materials presented in class and the Innocence Project.
4. Drawing upon the language of the 8th Amendment, and the statistics presented in class on on our NYU Classes site, please consider the following statement, then (your choice) argue either PRO or CON:
The Death Penalty constitutes cruel and unusual punishment.