Contribution Session Two

Due Monday October 17 at 11 pm

The entire session ends October 19. Option B is still due the second day of participation by 11 pm

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 discuss whether 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.

• Watch Module 4 Video (Links to an external site.)
• Go through Art Slides, Chapter VIII
• Go through the power point presentation “Southern Africa, 1500-1870”
• Watch the entire Part 6 (52 minutes), entitled “Commerce and the Clash of Civilizations,” (Links to an external site.) of the video series “Africa’s Great Civilizations” by Henry Louis Gates, Jr. (FIU Library Streaming)

• Go through Art Slides, Chapter IX
• Go through the power point presentation “Religious Movement and State-Building in Nineteenth Century Africa”
• Watch the entire Part 6 (52 minutes), entitled “Commerce and the Clash of Civilizations,” of the video series “Africa’s Great Civilizations” by Henry Louis Gates, Jr. (FIU Library Streaming)

As you engage with the questions below, you should clearly mark which question you are dealing with in a specific answer by indicating its number.

1. Discuss the ways that Christians and Muslims sought to justify the enslavement of captured or purchased people. (Chapter V)
2. How did the lançados and Eurafrican traders combine aspects of African and European culture? (Chapter V)
3. Why were Portuguese slaving operations in Angola so different from their practices on the Gold Coast and the Sierra Leone coast? (Chapter V)
4. What were the advantages and disadvantages of having an army made up of soldiers of slave origin, such as the Segu army in the eighteenth century? (Chapter VI)
5. Describe the differences between the trading systems of centralized states and those of the decentralized trading societies along the Niger and Congo Rivers. (Chapter VI)
6. What economic activity made the Mascarene Islands different from other European outposts in the Indian Ocean? (Chapter VII)
7. What happened to the old Mamluk aristocracy after the Ottoman conquest of Egypt? (Chapter VII)

QUIZ

https://fiu.instructure.com/courses/56026/quizzes/…

Ethics and Social Responsibility

In this assignment you will be developing the fourth section of the Camp Bow Wow Dog Park Summary Report that is based around the concept of the ethical decision making, and what makes an organization socially responsible. Select here to download the template for this portion of the assignment.

Camp Bow Wow prides itself on giving back to the community, and that is demonstrated by its Bow Wow Buddies Foundation. “The Bow Wow Buddies Foundation is a registered 501(c)(3) organization dedicated to providing urgent medical care funds to dogs who are either homeless or whose parents cannot afford to pay their veterinary bills.” (www.campbowwow.com)

The last section of the report is to show how the Camp Bow Wow Dog Park will operate in an ethical manner and support its social responsibility initiatives in the community.

One of the goals of the task force is to formulate a plan to be presented to the owner, Susan Bell, that includes how the Camp Bow Wow Dog Park will promote an ethical workplace, and how it will give back to the community to support its social responsibility commitment.

Business ethics and social responsibility are topics that some of your team members may not have any experience or context to manage, so as the leader of the task force you want to make sure everyone has the same level of knowledge and understanding. To address this concern, your plan is to have a task force meeting dedicated to the Camp Bow Wow Dog Park ethics and social responsibility.

Your task this week is to create the meeting material that you will need that informs and educates your team of the concepts of ethics and social responsibility, and how it will strengthen the Camp Bow Wow Dog Park operation, reputation, and brand. Below is the meeting agenda that you will cover.

Meeting Agenda

Group: Dog Park Task Force

Date: To be announced

Time: 9:00 – 11:00 am

Location: Camp Bow Wow Meeting Room

Facilitator: (Your Name)

Call Meeting to Order –

Agenda – New Business

Ethics –

What are business ethics and why are the important?

What are the practical steps that we can do to promote a strong ethical environment?

Code of Ethics

Social Responsibility –

What is social responsibility & why is it important to the Camp Bow Wow Dog Park initiative?

What can the Camp Bow Wow Dog Park do in taking a proactive strategy to social responsibility?

Next Meeting – to be determined

Adjourn

After reviewing the above agenda, your job will be to create the support material that you will be handing out to your to your team, and will become part of the summary report that you present to Susan Bell.

Prior to beginning work on this interactive assignment, read Chapters 5 and 6 and Gleeson’s article How Values-Based Leadership Transforms Organizational Cultures (Links to an external site.). After completing your career goal using the process below, you will attach it to your first post by Day 3.

My Goal Sheet

Many individuals may not know how to develop a career goal; follow the steps below to help you determine where to start. There are a few steps that can be helpful in determining your career goal, which include conducting a self-assessment, exploring industries and careers, and determining factors that are non-negotiable (e.g., geographic location, salary requirements, health care benefits, etc.). The final step of goal setting is writing the first draft of your goal.

Step 1: Self-Assessment

• What do you do well?
• What energizes you?
• If you knew you could not fail, what would you do?
• What high school subjects did you do well in?
• What issues do family and friends come to you for help?
• What do you receive praise for at work or home?
• What are some of your greatest accomplishments?
• What is something you do where you lose track of time when you are doing it?

Step 2: Career Exploration

Explore job industries by researching the type of careers that use your interests and skillset. O*Net OnLine (Links to an external site.), the Occupational Outlook Handbook (Links to an external site.), and Bureau of Labor Statistics (Links to an external site.) are great web resources for career exploration, job analysis, and education requirements.

While deciding on a goal, consider your current lifestyle and where you would like to be in the future. Some helpful questions to consider are listed below.

• Does the career you want pay a salary that meets your needs?
• Will it offer you opportunities to advance?
• Are you comfortable sitting at a desk all day, or do you prefer to travel?
• Is the career you are considering likely to exist when you are ready for a job?

Step 3: Determining Your Non-Negotiable Items

Although we may not speak them aloud, we each have things we are not willing to compromise on. During this step, write out your must-haves for your future career.

To help get you started, think about the minimum salary you need to have, where you want to live, and desired work hours.

Must Have	Do Not Want
1.	1.
2.	2.
3.	3.
4.	4.
5.	5.

Step 4: Pulling It All Together—Write the First Draft of Your Goal

Now that you have conducted a self-assessment, explored industries and occupations, and written down your non-negotiable items, what are your future career goals? Be as specific as possible.

Example Career Goal

I would like to become a project manager within a large organization (5000+ employees) utilizing my organizational skills, education in organization development, my ability to plan strategically, and my detail-oriented nature. Since I have a family, I must have a salary of $50,000 or more, work within 25 miles of Houston, Texas, and work a 9:00 a.m. to 5:00 p.m. traditional work schedule.

Attach your paper as part of your first discussion post.

Guided Response: Review several of your classmates’ posts, and respond to at least two of your peers by 11:59 p.m. on Day 7 of the week. Provide any additional information or examples that you are aware of that may contribute to your classmates’ analyses. Challenge your peers by asking a question that may cause them to add additional information about their responses in the initial response. You are encouraged to post your required replies early during the week to promote more meaningful interactive discourse in the discussion. Continue to monitor the discussion forum until 5:00 p.m. (Mountain Time) on Day 7.