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| of or relating to legislation preventing or controlling trusts or other monopolies, with the intention of promoting competition in business. |
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| Broadly refers to the mechanisms, processes and relations by which corporations are controlled and directed. |
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| Enron was an energy company that hid billions of dollars in debt from its employees and investors. The company eventually went belly up and the top executives went to jail for fraud. |
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| Enterprise Risk Management |
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| When a company looks at potential risks and tries to find ways to avoid them. Basically a plan to stay afloat. |
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| When degulation on a particular market ends up creating the problems it intended to solve. EX: Minnesota Power Company. |
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| Deceptive Accounting Practices |
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| When a company intentionally shifts numbers around to make their company appear more profitable than it actually is. This is done to get/retain investors in the company. |
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| When someone from within a company leaks a secret about an upcomming event that will allow someone outside of the company to get rich or prevent loss. This is unfair to the rest of the investors. It creates an unbalanced playing field. |
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| When a new company or an old one trying to make a comebakc sells an item so low that no one else could possibly compete with the prices. This is done to gain business and possibly even force a competitor out of the market. |
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| Montana Power Company had long been a reliable and trustworthy company/investment. They were one of the top employeers in Montana. The CEO, while working with Goldman-Sachs, decided to change the game and make some money. They lobbied to get a bill passed to deregulate the utilities market in Montana, then sold off enverything and attempted to get into the Telecom market. The whole plan failed and thousands of people lost jobs and retirement. |
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| Microsoft created internet explorer to compete with Netscape Navigator. In order to crush Netscape, Microsoft made it maditory for any Windows machine to come pre-installed with IE and nothing else. They also made it so you could not get rid of IE or your computer would not function. This was against anti-trust laws and got them sued. Unfortunately it was too late for Netscape and they had fallen almost entirely out of the market. |
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| The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United States Code, and enhanced enforcement remedies through the use of ex parte seizures and the award of treble profits or damages (whichever is greater). |
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| the unauthorized commercial exploitation of someone's professional identity |
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| Public portrayal of someone in a distorted or fictionalized way |
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| the publication of intimate facts |
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| Emotional Distress and Personal Injury |
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| When a publication, broadcast or website subjects someone to indignities that cause great embarrassment, emotional distress, or physical harm |
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| physical or technological invasion - identity theft, stealing personal, professional of financial records etc. |
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PD: is it considered an invasion of privacy to report the name of a rape victim
Desc: Case examines the issue of privacy when an Atlanta television station made public the name of a murdered rape victim.
Outcome: the supreme court sided with Cox broadcasting, saying that they cannot be held accountable for making information public that was in public files. |
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| Sports v. Video Game Companies |
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| When major league athletes sign their contracts with the MLB, NFL, NHL or even NCAA they are signing their away their identities. Once they sign their names over they are pretty much screwed out of complaints. |
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| Cantrell v. Forest City Publishing |
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PD: Is it considered an invasion of privacy to falsely report or fictionalize an event about a private person?
Desc: this case focuses around the 1967 collapse of the Silver Bridge in Pt. Pleasant, WV. The reporter that did a piece on the cantrell family and how the death of the father affected them. Later he was assigned to do a follow-up, when he went to see the family Mrs. Cantrell wasnt there. He spoke to the kids for 30min and took 50 pics. later the article said that the mom refused to talk and their house was in shambles. made the mother out to look like a bad parent and person.
Outcome: District court awarded Cantrell $60,000. Court of Appeals had it appealed. Supreme Court supported the District court decision. |
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| in some cases plaintiffs are able to argue that the commercial value of their name has been stolen and the nature of that theft is one that personally embarrasses them |
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| Originally enacted in 1946 and amended in 1988. Section 43 of the Lanham Act prohibits any use of a false or misleading description or representation in commercial advertising or promotion that misrepresents the nature, characteristic, qualities of the person or organization being represented. Section 43 provides a federal cause of action for the unauthorized use of a celebrity's identity. |
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| Actors George Wendt and John Ratzenberger - best known for their long running portrayals of Norm and Cliff sued the creators of Cheers like bars that used animatronic figures called bob and hank designed to look like the TV characters. |
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| Duke University Rape Case |
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PD: 3 members of the Duke Lacrosse team were indicted on Rape charges in 2006. the party was located at a house on March 13. one of the strippers from the party claims to have been raped, beaten, sodomized and strangled by the three men indicted. The prosecutor was Mike Nifong, he vowed to put the three men behind bars. Nifong took to the airwaves and made several different statements that it was defintely the boys and they were guilty. Nifong made cheap shots at the boys and fueled news coverage and speculation. All of this media sparked death threats and other violence towards the boys. During the first line up the woman could not identify any of the boys, at the second line up she called out one of them and said he forced her to perform oral. the man (Seligmann) quickly was able to produce cellphone and taxi records that proved otherwise.
Outcome: The charges were dropped against the boys, there was no eyewitness, and Nifong withheld evidence. Nifong lost his license to practice law and had to step down as DA. |
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| The use of electronic media to cause someone emotional distress or to intimidate them. AKA The internet. |
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| the 4th Amendment to the constitution prevents the government from making unreasonable searches and seizures. |
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| Electronic Privacy Invasion |
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| has come to mean the process by which information is gathered and used. Information, in this sense means personal information. |
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| Nothing is private anymore, data, statistics, everything has a price. your buying habits, surfing habits, even traveling habits are located within the web and can be sold to anyone willing to pay enough. |
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| how people can store their electronic information. A Hard Drive, Cloud Server, behind a fire wall, password protected...there are many available options. |
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| Family Educational Rights and Privacy Act is a Federal law that protects the privacy of student educational records. |
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| An act created to protect the medical records and histories of patients. it sets a national standard that hospitals and other medical facilities must follow. it gives patients more control over their medical records. |
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| The act of carefully watching a person, group or organization with the goal of preventing or detecting a crime. |
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Common law opinions generally hold that people in public and quasi-public places must assume they might be photographed or recorded particularly if they are officials carrying out their public duties.
Media personnel, therefore, can photograph, film and record that they easily see or hear in public places. |
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| Monitoring Employee Communication |
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| Technology now makes it possible for employers to keep track of virtually all workplace communications by any employee. |
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| Foreign Intelligence Surveillance Act |
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| this establishes a legal method for "foreign intelligence" surveillance separate from ordinary law enforcement surveillance. The purpose is aimed at regulating the collection of "foreign intelligence" information in furtherance of U.S. counterintelligence, whether or not any laws will be broken. |
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| more or less expands the governments abilities to survail and monitor the country as it sees fit to prevent a terrorist attack. |
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| American IT Specialist for the CIA. Snowden discovered many things the US government was illegally doing and then released it to the general public via new reporters. he is currently residing in Russia on a temporary asylum visa. |
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| when someone steals enough personal information about someone else to steal money, create false bank accounts, make illegal purchases, or even intercept information. |
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| SPAM or unsolicited emails that pretend to be someone they are not. often emails will say they are from your bank or work and will ask for passwords or other personal information. |
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| A form of protection provided by law to the creators of original literary, musical artistic and other kinds of intellectual works. This law gives the creator/copyright holders exclusive rights to how, where, and when the property can be used. this act became effective on Jan 1, 1978. The copyright is valid for the life of the owner plus 70 years |
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| there are instances where the adaptation or use of copyrighted material is okay and permitted. when you copy small chunks of a book for research, when you make a parody, Teaching and noncommercial research |
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| Universal Studios v. SCEA |
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PD: Sony created a device known as the Betamax, this VHS device allows recording of live TV/Movies. Obviouslt Universal and Disney did not approve of their copyrighted material being copied for free.
Case Desc: The federal copyright law of 1909 could not forsee the advancements in new technologies, such as photcopying, videotape recording and computer file transfer. in 1981 Universal Studios and Disney sued Sony for selling and distributing a videotapemachine that would enable the public to engage in the unauthorized recording of television programs. Sony argued that home recording was protected by the fair use provision of the 1976 U.S. Copyright Act.
Outcome: The us supreme court in a 5-4 decision ruled that videotaping for personal use does not violate federal copyright law.
Significance: the case provided legal basis for personal recording of television programs and later music as part of fair use application. This case had many major unintended consequences. the television and film industries began making their film products available for rental and sale. this case would be later cited in later years to help determine the legality of MP3 music file sharing. |
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| A&M Records et al. v. Napster |
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PD: the ability to download copyrighted material via the internet has created a myriad of problems for the music, publishing and entertainment industries. Napster was a company that started up online music sharing, there were over 60 million users that accessed the Napster servers before they were shut down. in 2000 the US music industry brought a lawsuit against Napster claiming copyright violation.
Outcome: in 2001, the 9th Circuit Court upheld much of the recording industry. The court rejected Napster's contention that music sharing should be considered a fair use application.
Significance: The Napster case was only the tip of the iceberg in addressing the future |
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PD: Does distributing computer software that allows users to share electronic files through peer-to-peer networks represent a violation of U.S. copyright law
Case Desc: after the decline of Napster in the late 1990s there developed in the marketplace peer-to-peer operated networks that did not utilize a centralized data base. companies like Morpheous, Kazaa and Grokster promoted the software that allowed peer-to-peer networks to occur.
Outcome: the US Supreme court in a 9-0 decision ruled in favor of the petitioners. the courts main argument was that the defendants may not have been able to monitor the networks and types of files being illegally shared, but they were fully aware of the fact that the vast majority of files being exchanged were unauthorized copies of files. |
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| Digital Rights Management |
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| refers to a mixture of legal and technological strategies designed to provide intellectual property owners with a greater level of control over the distribution and use of their property in a digital environment. |
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| Digital Millennium Copyright Act |
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| the DCMA is designed to implement the treaties signed in December 1996 at the World intellectual Property Organization. |
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| Hicklin rule remained the leading test of obscenity in America until the 1930s. it was derived from English Law in Regina v. Hicklin 1868. In Hicklin, Lord Chief Justice Cockburn ruled that an anti-Catholic pamphlet, the Confessional Unmasked, was obscene. The Hicklin Rule was readily accepted by the American courts. |
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| American law added the so called "partly-obscene" test to the Hicklin rule. This was the practice of judging a book by passages pulled out of context. If a book had obscenity in it, it was considered obscene. |
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| Roth v. United States 1957 |
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PD: is the presentation and delivery of obscene material through the mail protected under the guise of the First Amendment?
Desc: Roth was arrested for mailing obscene boks, circulars and advertising.
Outcome: Roth was convicted under a federal obscenity statute for mailing obscene books, circulars and advertising.
Significance: The supreme court held that obscenity deserves no constitutional protection because it is utterly without redeeming social importance. the decision was influential because it declared that both state and federal anti-obscenity laws are valid exercises of the governments police power. |
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| Ginsberg v. State of New York |
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PD: are children to be treated differently from adults with regard to the sale and distribution of pornographic materials?
Desc: Sam Ginsberg operated a store on Long Island and was prosecuted under NY state law which made it a misdemeanor to sell sexually explicit magazines to minors without an opaque covering.
Outcome: After selling two "girlie" magazines to a sixteen year old, Ginsberg was found guilty under the statute.
Significance: the court established the principle of variable obscenity for adults and children; that is what may be obscene for children may not for adults |
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PD: how do you know when something is obscene? one important criteria is "patent offensiveness" which is the representation or descriptions of sexual acts.
Desc: Miller was a California man convicted under state law for conducting a mass mailing campaign to advertise various obscene books with such working titles as: Sex Orgies Illustrated and An Illustrated History of Pornography
Outcome: in applying its 3 part test the supreme court said that
1. one must apply contemporary standards to determine whether the said work appeals to prurient interest.
2. whether the said work depicts or describes something in a patently offensive way
3. whether the work as a whole lacks serious literary, artistic, political or scientific value.
Significance: Miller v. California became the test case in applying the supreme courts three part test. the supreme court determined that Miller was not entitled to Constitutional protection. he was convicted under state law. |
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| PD: Should the American tax payers support art centers? |
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| FCC v. Pacifica Broadcasting |
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PD: what is acceptable language on the broadcast airwaves? does broadcasting provide some unique reasons for limiting free expression on the airwaves?
Case Desc: on October 30th, 1973 WBAI-FM warned its listeners that the program to follow would include sensitive language. George Carlin id his 7 dirty words skit. There was a single complaint about the broadcast. a man who was driving with his son turned the radio on and heard the broadcast.
Outcome: the FCC ruled against WBAI. the FCC said that Carlin's "dirty words" were indecent because they depicted sexual and excretory activities in patently offensive way. the FCC said that Carlin repeated the words over and over at a time when children were "undoubtedly" in the audience. the FCC's ruling was over turned by the Court of Appeals. The supreme court later reinstated the FCC's decision.
Significance: Justice Stevens from the Supreme Court noted that restrictions on indecency did not violate the 1st Amendment because broadcasting is intrusive and accessible to children. Although the FCC did not penalize WBAI the commission said additional complaints could lead to sanctions. |
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| The Communications Decency Act |
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in 1996 the US Congress passed the communications Decency Act as a subset portion to the Telecommunications Act of 1996
The CDA attempted to ban from the Internet any sexual expression that was patently offensive or indecent. Note that the Supreme Court in FCC v. Pacifica Broadcasting upheld a similar Federal ban against "indecent material" in the broadcast media. |
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PD: Does the CDA pose an abridgement of one's 1st Amendment rights?
Case Desc: the same day the CDA was signed into law, the American Civil liberties Union and 19 other groups filed a 1st Amendment lawsuit against the Act. the plaintiffs argued that the CDA was overly broad and would threaten the ability of the internet to serve as a medium of free expression, education and commerce for adults.
Outcome: The case found its way to the supreme court and in 1997 the court invalidated those portions of the CDA that attempted to restrict speech other than that which is strictly obscene.
Significance: the supreme court effectively recognized the value of preserving free expression on the internet and saw that enforcement posed some unique difficulties. this case provides an example of where technology outpaces the ability to implement effective regulation. After the Supreme Court's decision, Congress tried again to implement a new law called the Child Online Protection Act, COPA defined what was harmful to minors citing the Miller test |
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| Requires that financial reports be submitted to the SEC and must be accompanied by a written statement signed by the CEO and CFO that certifies the enclosed financial statement fully complies with U.S. securities law. |
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| Failures of Corporate Governance |
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The role of a corporate board of directors is to provide independent oversight and guidance to a CEO and his/her staff of senior executives. This can involve everything from approving new strategic initiatives to reviewing CEO performance.
The problem occurs when a corporate board of directors ignores its fiduciary responsibility to company stockholders by failing to challenge questionable corporate strategy and by permitting unethical business practices. |
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| a mississippi based Telecom group blew up and started buying multiple companies, including MCI. however shortly after their impressive expansion it was discovered that they overstated their earnings by 3.8 Billion |
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| an American Photographer known for his black and white photos of naked men. in 1990 |
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