Focus of the Final Paper

Final Research Paper - Please review all the requirements for your Final Paper thoroughly!  No Final Paper will be accepted after the last day of class unless you have a Certified Disability Certificate or prior approval from me.

Chapter 14 discusses cyber law which is the Digital Wild West as described by the Author.  It is such a new and fascinating cyber world out there that is just in the infancy stages where the law is always one step behind.  We need a lot of good sheriffs out there to protect us in this cyber world and it appears we have some good people protecting us but we sure need a lot more.  We also need to try to get ahead of the bad guys but we are always coming up with new laws because of what the bad guys have already done on the Internet.  If we could only get one step ahead instead of always being one step behind!  :-)

We hear about young hackers often only high school kids who are able to hack into the Pentagon, banks, credit companies, and some of the most secure businesses in the world and it are certainly hard for any business to feel really safe when they are doing business on the Internet.  There is so much computer fraud, identity theft, cyber torts and all those cookies and acts of piracy that it makes an old person like me wishing it was like the good old days!  :-)  Not really. Businesses can get work done so more efficiently and quickly using the Internet and it is only going to grow 100 fold in the next few years.  We might all as well learn all we can about safeguarding ourselves in the world of cyberspace and grow in knowledge to try to stay up with all the changes that are occurring so quickly in this arena.

The section on Click – Wrap Contracts is a very interesting one and it is surprising that there is a split in the courts where some courts apply the rule when you click the “I agree” box you have read and understood and therefore the “buyer beware” applies While other courts feel that these long legal contracts with terms many people do not even understand and do not even read them are not valid as they are not understood by many customers.  As the textbook says, you should really always assume that you are going to be held liable for whatever the contract says and when you click the “I Agree” box, the Agreement will prevail.

As we all know, at one time you could buy anything on the Internet and you would not be taxed.  Whenever the government feels they are losing money in some way they are going to do whatever it takes to be sure they get their cut out of any transactions that are occurring on the Internet if there is any possible way for them to do so.  They will get their share.  They have started instituting tax laws when and where ever they can as they see that big revenue pile up money just waiting for them to scoop it up.  The taxing is just beginning folks and will only get worse in time.  :-)

There are more and more businesses that are doing business through the Internet because there are so many more people that are able to work from their home and not have to rent an office.  They even have businesses now that have big office buildings that you can rent a office for one day a week, or one day a month or for a conference for a day and all the time you are working out of your home which is your primary office.  Expenses can be drastically cut when you are working a business through the Internet and it is often very convenient.  Just like going to college on the Internet, running a business from your home can be very flexible and very convenient.  It can also save you a lot of travel time and this is getting to be one of the many reasons people are working out of their homes.  Many businesses allow their employees to work out all of their homes and not travel back and forth to work each day.  The Internet has only begun to show us the uses that can be applied to a business and the creativity and ingenuity of people will have businesses using the Internet a hundredfold in the next few years.

Chapter 15 discusses international and environmental law.  With the explosion of the Internet we are finding the explosion of businesses going internationally with their businesses.  It is easier for business to now be able to do business globally because of the Internet which brings about many new challenges for businesses.  The author at the beginning of chapter 15 brings up many important questions that need to be asked: What kind of regulations must you deal with, both in your own country and in the foreign country?  Where would disputes be settled and under whose law?  Do U.S. laws still apply when your company is acting outside U.S. borders?

We have learned in chapter 15 that the source of international law comes from treaties and agreements made by countries and often many countries are part of the treaties and agreements.  Two of the treaties most of us easily recognize are the North American Free Trade Agreement (NAFTA) and General Agreements on terrorists and Trade (GATT) that was set up in 1947 and sets rules to ensure there is no trade discrimination between the countries that have signed this agreement. Then in 1995 the World Trade Organization (WTO) was formed as terrorists became less common place more nations came to recognize that GATT was no longer sufficient. The WTO had authority for not only GATT but GATS: the General Agreement on Trade in Service; TRiS: agreement on trade-related aspects of intellectual property rights; and TRIMS: Trade Related Investment Measures (p.587).

The author talks about several of the basic principles of International Law.  One of them is the principle of comity: The principle of comity means that a nation will defer to and give effect to the laws and judicial rulings of another country to the extent that they are consistent with the laws and public policy of the accommodating nation (ch.15.1).  Other principals include the doctrine of “sovereign immunity” and the doctrine of the “act of state” which means that courts in one nation will not question public acts committed by recognized foreign governments within its own borders (ch.15.1).  Businesses from the United States doing business in another company must understand the concept of expropriation which allows a government to nationalize a business and seize private assets for the good of the public.  Very often the government will not pay fair compensation and a business could substantially lose their assets in that country.

At interesting topic is the author’s discussion about bribes which are illegal when dealing with foreign entities but “grease payments”, which are said to expedite a process and not to bribe officials, are okay!  That whole concept sounds a little smelly to me. How about you?  :-)

Chapter 15 also discusses environmental law which is a hot topic nowadays. We all are aware of the national environment policy act of 1970 that ensures that the federal government itself does not contribute to the deterioration of the environment. Any company receiving government funds for any project must provide an environmental impact statement (EIS). There is a lot of debate presently whether these environmental impact studies are going too far and are too costly and impeding business projects Liuzzo (2013). We now have the Environmental Protection Act (EPA) and the Clear air Acts that is also somewhat controversy over as many people think the government is becoming over burdensome for people to open up businesses and to continue in business. There must be fair and reasonable laws and not go overboard when making new laws and cause undue burdens upon businesses and/or private parties..

The Author discusses the Superfund which is a federal statute (also known as Comprehensive Environmental Response Compensation, and Liability Act that regulates the dumping of waste onto land (ch.15.2). This Superfund designates specific sites that receive the highest priority to be cleaned up as soon as possible. The author discusses the various types of pollution which we are all pretty familiar with and I am not going to spend time going over them as there are only a few pages and it is an easy read for you.  There are many environmental acts that help protect our air and water and once again there is dispute over how effective these programs are and whether too much money is being spent with regulations that make it extremely difficult for businesses to deal with.  Some of them are very good regulations and some of them are on fortunately regulations that are too costly for business and do little, if anything, for the environment.  There must be a proper balance and good thought and good science must be put into effective regulations.

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Total Possible Score: 28.00

Organization: Introduction, Thesis Statement and Conclusion

Total: 1.50

Distinguished - The paper is logically organized with a well-written introduction, thesis statement, and conclusion.

Proficient - The paper is logically organized with an introduction, thesis statement, and conclusion. One of these requires improvement.

Basic - The paper is organized with an introduction, thesis statement, and conclusion. One or more of the introduction, thesis statement, and/or conclusion require improvement.

Below Expectations - The paper is loosely organized with an introduction, thesis statement, and conclusion. The introduction, thesis statement, and/or conclusion require much improvement.

Non-Performance -= The introduction, thesis statement, and conclusion are either nonexistent or lack the components described in the assignment instructions.

Determines if the Contracts With the Businesses Will Be Governed by Common Law or the Uniform Commercial Code (UCC) and Explains Why

Total: 3.00

Distinguished - Accurately determines if the contract with the businesses will be governed by common law or the UCC and comprehensively explains why.

Proficient - Accurately determines if the contract with the businesses will be governed by common law or the UCC and explains why. The explanation is slightly underdeveloped.

Basic - Determines if the contract with the businesses will be governed by common law or the UCC and explains why. The determination is inaccurate and/or the explanation is underdeveloped.

Below Expectations - Attempts to determine if the contract with the businesses will be governed by common law or the UCC and explain why; however, the determination is inaccurate and/or the explanation is significantly underdeveloped.

Non-Performance - The determination of whether the contracts will be governed by common law or the UCC is either nonexistent or lacks the components described in the assignment instructions.

Analyzes Whether the Owner Formed a Contract With the Businesses and Applies the Five Essential Elements of an Enforceable Contract

Total: 4.00

Distinguished - Thoroughly analyzes whether or not the owner formed a contract with the businesses and effectively applies all five essential elements of an enforceable contract.

Proficient - Analyzes whether or not the owner formed a contract with the businesses and applies all five essential elements of an enforceable contract. The analysis is slightly underdeveloped.

Basic - Partially analyzes whether or not the owner formed a contract with the businesses and applies all five essential elements of an enforceable contract. The analysis is underdeveloped.

Below Expectations - Attempts to analyze whether or not the owner formed a contract with the businesses; however, does not apply all five essential elements of an enforceable contract and/or the analysis is significantly underdeveloped.

Non-Performance - The analysis of whether or not the owner formed a contract with the businesses and application of the five essential elements of a contract are either nonexistent or lack the components described in the assignment instructions.

Explains the Potential Personal Liability to Acme Fireworks if a Spectator Is Injured by a Stray Firework From a Fireworks Display

Total: 4.00

Distinguished - Completely explains the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, demonstrating a thorough and accurate understanding of course concepts.

Proficient - Explains the potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, demonstrating a sufficient understanding of course concepts. Minor details are missing or are inaccurate. 

Basic - Minimally explains the personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, demonstrating a rudimentary understanding of course concepts. Relevant details are missing and/or inaccurate.

Below Expectations - Attempts to offer an explanation of potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display, but does not demonstrate an understanding of the course concepts and significant details are missing and/or inaccurate. 

Non-Performance - The explanation of potential personal liability to Acme Fireworks if a spectator is injured by a stray firework from a fireworks display is either nonexistent or lacks the components described in the assignment instructions.

Discusses the Different Employment Types and Relationships Relevant to Agency Law and Analyzes the Advantages and Disadvantages of Each Type Specific to Acme Fireworks

Total: 3.00

Distinguished - Thoroughly and accurately discusses different employment types and relationships relevant to agency law and comprehensively analyzes the advantages and disadvantages with regards to Acme Fireworks.

Proficient - Discusses different employment types and relationships relevant to agency law and analyzes the advantages and disadvantages with regards to Acme Fireworks. Minor details are missing or inaccurate.

Basic - Minimally discusses different employment types and relationships relevant to agency law and partially analyzes advantages and disadvantages with regards to Acme Fireworks. Relevant details are missing and/or inaccurate.

Below Expectations - Attempts to discuss different employment types and relationships relevant to agency law and analyze advantages and disadvantages with regards to Acme Fireworks; however, significant details are missing and/or inaccurate. 

Non-Performance - The discussion of different employment types and relationships relevant to agency law and analysis of the advantages and disadvantages with regards to Acme Fireworks are either nonexistent or lack the components described in the assignment instructions.

Explains Why Acme Fireworks Should Not Operate as a Sole Proprietorship

Total: 3.00

Distinguished - Thoroughly explains why Acme Fireworks should not operate as a sole proprietorship. Effectively uses scholarly sources to support the explanation.

Proficient - Explains why Acme Fireworks should not operate as a sole proprietorship. Uses scholarly sources to support the explanation. Minor details are missing.

Basic - Partially explains why Acme Fireworks should not operate as a sole proprietorship. Somewhat uses scholarly sources to support the explanation. Relevant details are missing. 

Below Expectations - Attempts to explain why Acme Fireworks should not operate as a sole proprietorship; however, does not use scholarly sources to support the explanation and/or significant details are missing.

Non-Performance - The explanation for why Acme Fireworks should not operate as a sole proprietorship is either nonexistent or lacks the components described in the assignment instructions.

Recommends a New Business Entity and Provides Rationale to Support the Recommendation

Total: 3.00

Distinguished - Offers a thorough recommendation of a new business entity and provides comprehensive rationale to support the recommendation. 

Proficient - Offers a recommendation of a new business entity and provides rationale to support the recommendation. The recommendation or rationale is slightly underdeveloped.

Basic - Offers a recommendation of a new business entity and provides rationale to support the recommendation. The recommendation and/or rationale are underdeveloped.

Below Expectations - Attempts to offer a recommendation of a new business entity and provide rationale to support the recommendation; however, the recommendation and rationale are significantly underdeveloped.

Non-Performance - The recommendation of a new business entity and rationale are either nonexistent or lack the components described in the assignment instructions.

Critical Thinking: Explanation of Issues

Total: 0.50

Distinguished - Clearly and comprehensively explains in detail the issue to be considered, delivering all relevant information necessary for a full understanding.

Proficient - Clearly explains in detail the issue to be considered, delivering enough relevant information for an adequate understanding.

Basic - Briefly recognizes the issue to be considered, delivering minimal information for a basic understanding.

Below Expectations - Briefly recognizes the issue to be considered, but may not deliver additional information necessary for a basic understanding.

Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions.

Critical Thinking: Evidence

Total: 0.50

Distinguished - Employs persuasive information from credible sources to develop an ample analysis or synthesis of the topic. Viewpoints of experts are scrutinized thoroughly.

Proficient - Employs applicable information from credible sources to develop an analysis of the topic.

Basic - Identifies applicable information from credible sources, but may neglect the application of such information toward the analysis of the topic.

Below Expectations - Displays information from external sources, but such information may lack credibility and/or relevance. Neglects the application of such information toward the analysis of the topic.

Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions.

Reading: Relationship to Text

Total: 0.50

Distinguished - Analyzes texts for scholarly significance and pertinence within and across various disciplines, assessing them according to their contributions and consequences.

Proficient - Utilizes texts in the context of scholarship to expand a foundation of disciplinary knowledge and to raise and discover significant inquiries.

Basic - Employs texts with the intent and expectation of increasing knowledge.

Below Expectations - Approaches texts only within the context of assignment.

Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Control of Syntax and Mechanics

Total: 2.00

Distinguished - Displays meticulous comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains no errors and is very easy to understand.

Proficient - Displays comprehension and organization of syntax and mechanics, such as spelling and grammar. Written work contains only a few minor errors and is mostly easy to understand.

Basic - Displays basic comprehension of syntax and mechanics, such as spelling and grammar. Written work contains a few errors which may slightly distract the reader.

Below Expectations - Fails to display basic comprehension of syntax or mechanics, such as spelling and grammar. Written work contains major errors which distract the reader.

Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: APA Formatting

Total: 1.00

Distinguished - Accurately uses APA formatting consistently throughout the paper, title page, and reference page.

Proficient - Exhibits APA formatting throughout the paper. However, layout contains a few minor errors.

Basic - Exhibits limited knowledge of APA formatting throughout the paper. However, layout does not meet all APA requirements.

Below Expectations - Fails to exhibit basic knowledge of APA formatting. There are frequent errors, making the layout difficult to distinguish as APA.

Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Page Requirement

Total: 1.00

Distinguished - The length of the paper is equivalent to the required number of correctly formatted pages.

Proficient - The length of the paper is nearly equivalent to the required number of correctly formatted pages.

Basic - The length of the paper is equivalent to at least three quarters of the required number of correctly formatted pages.

Below Expectations - The length of the paper is equivalent to at least one half of the required number of correctly formatted pages.

Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions.

Written Communication: Resource Requirement

Total: 1.00

Distinguished - Uses more than the required number of scholarly sources, providing compelling evidence to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.

Proficient - Uses the required number of scholarly sources to support ideas. All sources on the reference page are used and cited correctly within the body of the assignment.

Basic - Uses less than the required number of sources to support ideas. Some sources may not be scholarly. Most sources on the reference page are used within the body of the assignment. Citations may not be formatted correctly.

Below Expectations - Uses an inadequate number of sources that provide little or no support for ideas. Sources used may not be scholarly. Most sources on the reference page are not used within the body of the assignment. Citations are not formatted correctly.

Non-Performance - The assignment is either nonexistent or lacks the components described in the instructions.

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