Reference no: EM131317921
TURN A CHEEK
June 1996, The New York Times columnist Bob Herbert wrote a pair of opinion editorials accusing Nike Corp. of cruelly exploiting cheap Asian labor. Nike CEO Philip Knight replied in a letter to the editor, which the The New York Times published. Some of the information in the Knight letter included that Nike has, on average, paid double the minimum wage as defined in countries where its products are produced under contract.
In 1998, Marc Kasky, a resident of California, sued Nike, alleging that the Knight letter violated California's consumer protection laws against deceptive advertising and unfair business practices.57 In effect, the position was that The New York Times editorials were under the First Amendment, but that the Nike reply was under the Fifth Amendment. The First Amendment covers freedom of speech, while the Fifth Amendment covers commercial speech.
The California Supreme Court ruled in May 2002 that the Nike reply had to be viewed under the Fifth Amendment. The Supreme Court stated it was "commercial speech because it is both more readily verifiable by its speaker and more hardy than noncommercial speech, can be effectively regulated to suppress false and actually or inherently misleading messages without undue risk of chilling public debate."58 Nike appealed the decision to the U.S. Supreme Court. The Supreme Court agreed to hear the case. In June 2003, the Supreme Court changed its mind and dismissed the matter on procedural grounds.59 Usually, the justices consider cases only after the state courts render a final decision; here, the state court had only said the speech was a commercial speech and sent the case back down for further proceedings-likely including a trial on whether the statements were indeed misleading
A trial did not take place, as Nike settled on September 2003, agreeing to pay $1.5 million over a three-year period to the Fair Labor Association, a Washington worker-rights group
Required
a. Write a position paper on why the Nike reply should be viewed under the First Amendment.
b. Write a position paper on why the Nike reply should be viewed under the Fifth Amendment.
|
Percent growth rate in its dividends indefinitely
: The Absolute Zero Co. just issued a dividend of $2.70 per share on its common stock. The company is expected to maintain a constant 5.6 percent growth rate in its dividends indefinitely.
|
|
Calculate the composite rate and composite life
: Calculate the break-even revenue for the firm above if the fixed cost stays the same at $5,700 but the variable cost increases to $2.65 per unit and the product is sold at $9.00 now
|
|
Year treasury bond interest rate
: The expected inflation rate is 4.2% and the nominal risk-free rate is 5.08%. The default risk premium is 1.85% and the maturity risk premium is 2.5%. What is the 30-year Treasury bond interest rate?
|
|
What is the net present value of project
: What is the net present value of a project that has an initial cost of $42,700 and produces cash inflows of $9,250 a year for 9 years if the discount rate is 14.65 percent?
|
|
Write a position paper on why the nike reply should be view
: Write a position paper on why the Nike reply should be viewed under the First Amendment.- Write a position paper on why the Nike reply should be viewed under the Fifth Amendment.
|
|
Calculate the amount of the firm income before tax
: Banana Box Corporation has sales of $4, 463, 310; income tax of $445, 927; the selling, general and administrative expenses of $278, 222; depreciation of $398, 182; cost of goods sold of $2, 724, 730; and interest expense of $152, 910 Calculate the a..
|
|
Considering building stadium for professional football team
: A city with a population of 500,000 and 5% unemployment is considering building a stadium for a professional football team that plays in an old stadium the city owns. The proposal is for the city to pay $400M (M for million) to demolish the old stadi..
|
|
Seller of a corn futures contract
: A corn contract calls for delivery of 5,000 bushels. What happens to the seller of a corn futures contract at $3.8125 cents per bushel if the futures price closes the next day at $3.9000 cents per bushel? Enter the mark to market gain or loss to ..
|
|
What are the salary ranges for the career positions
: List various careers for individuals with a practical knowledge of JavaScript. What are the knowledge requirements for the career positions? What are the salary ranges for the career positions?
|