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Write a short report (at least 100 words) about this case, so that includes the answers to the questions. Have a look at the Case study” report grading rubric” for this case on page 3. Case Study 2: The marketplace for a Forwarder is competitive and very price driven. Every shipment is urgent and gives a constant pressure for the employees. Problem-solving and decision-making skills are required because they can boost to the productivity. Referring to this introduction, please write short report about this case, so that includes the answers to the following questions: Two graduates from IMCO apply for a job at a Forwarding company. Candidate No. 1 has very high grades and perfectly knows all theories about shipping. Can date No. 2 has medium gra but a very open and creative mind. Which candidate would be more suitable for the job? b. Justify your answer.
 
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>Administrative law integrates four (4) distinct sources of law that operate in conjunction: __________.Multiple Choice

  • the U.S. Constitution; enabling statutes; the APA; and the common law

  • enabling statutes; trial court decisions; the common law; and principles of equity

  • encroachment statutes; enabling statutes; the APA; and trial court decisions

  • the United States Constitution; encroachment statutes; the Administrative Procedure Act (APA); and the common law

  • > For a conspiracy to occur, both parties must manifest __________.

  • criminal recklessness

  • criminal negligence, criminal recklessness, or criminal intent

  • intent to commit the criminal act

  • criminal negligence

>Amanda has been charged with embezzlement. In consultation with her attorney, Amanda has decided not to testify at her criminal trial. Amanda’s right not to testify is guaranteed by the __________ Amendment to the United States Constitution.Multiple Choice

  • Seventh

  • Fifth

  • Fourth

  • Sixth

>If the jury finds the defendant not guilty, this results in __________.Multiple Choice

  • an acquittal and the defendant can be prosecuted for the same charges again at the prosecutor’s discretion

  • a mistrial and the prosecutor decides whether to file charges against the defendant a second time

  • a deadlocked jury and the trial court judge decides whether the defendant can be prosecuted for the same charges again

  • an acquittal and the defendant cannot be prosecuted for the same charges again

>In terms of intellectual capital, __________ knowledge is recorded and available for the company’s interpretation, application, and reproduction.Multiple Choice

  • tacit

  • tangible

  • savant

  • explicit

>The mental element of criminal liability, also called __________, requires that the defendant have a requisite degree of culpability with regard to each element of a given crime.Multiple Choice

  • mens rea

  • respondeat superior

  • actus reus

  • res ipsa loquitur

> What type of administrative agency rulemaking is used only when the United States Congress has specifically indicated in an enabling statute that the agency rules must be made on the record after a hearing?Multiple Choice

  • Judicial

  • Executive

  • Formal

  • Informal

>What occurs when someone in a position of trust creates fraudulent records to disguise the theft?Multiple Choice

  • Embezzlement

  • Blackmail

  • Bribery

  • Larceny or robbery

>Many enabling statutes contain provisions authorizing any member of the public at large who is directly affected by a particular agency action (or inaction) to bring a lawsuit against violators of a particular regulation and/or the administrative agency itself for failing to fulfill a duty imposed by a statute. What are these lawsuits called?Multiple Choice

  • Administrative redress

  • Grass-roots litigation

  • Citizen suits

  • Class-action lawsuits

>The responsible corporate officer doctrine, commonly referred to as the Park doctrine, permits the government to prosecute employees for corporate misconduct when they are in a position of authority and fail to prevent or correct a violation of the Food, Drug, and Cosmetic Act (FDCA).

True or False

 
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PLEASE READING THE FOLLOWING CASE STUDY AND ANSWER THE QUESTION:

when answering the question please use full sentences and not bullet points. PLEASE GIVE A DETAILED EXPLANATION, THANK YOU

5) List the strategies that were employed to remedy the situation.

In 2001, Jon Soderstrom, Director of Yale’s Office of Cooperative Research, found himself in the midst of a maelstrom of negative publicity. Yale’s patent on the drug Zerit had become the target of international activists and campus protests. Protestors asserted that the patent and Yale’s licensing of the pharmaceutical to Bristol-Myers Squibb (BMS) was preventing low-cost generics from reaching millions suffering from HIV/AIDS in South Africa. After a meeting between Soderstrom and BMS, BMS lowered the price of Zerit in South Africa and other developing countries and the crisis cooled. But student protestors and others continued to question university policy on the use of patents in the development of new pharmaceuticals, the close relationship between big pharma and universities, and the ethics and goals of university research.

Bristol-Myers Squibb’s Zerit, the brand name of oral medication stavudine, was discovered at the Yale Medical School. In 1985, scientists found the compound d4T had the potential to be effective against the HIV retrovirus. Yale patented d4T and in 1998 licensed exclusive pharmaceutical rights to BMS. After six years and hundreds of millions of dollars for development and trials, the new drug became part of a treatment regimen that saved millions of lives and changed an HIV diagnosis from near-certain death sentence to a chronic illness. Zerit became a top-selling pharmaceutical, and Yale’s patent revenues rose to $40 million a year. Under Yale’s policies, a third of the revenues went to the researchers, and the rest stayed with the university. In summer 2001, Yale completed a securitization of its revenue stream for the next five years, receiving a $155 million upfront payment.

Zerit’s use as part of a three-drug cocktail to treat HIV/AIDS treatment was expensive, far out of reach to the millions afflicted with HIV/AIDS in the developing world. Médecins sans Frontières (known In English as Doctors Without Borders) appealed to Yale and to BMS to release the patent and allow a low-cost generic for Zerit in South Africa. When Yale and BMS seemed unresponsive, Doctors without Borders launched a highly visible media campaign berating the school. The protests grew in the press and on campus, within days encompassing many students and faculty.

Soderstrom knew that Yale’s revenues from Zerit were funding new facilities for medical research. He also knew that the research revenues enhanced the university’s financial resources and prestige. But he could not ignore the publicity or the human need. After BMS and Yale met to resolve patent issues, BMS agreed to drop Zerit’s price dramatically in developing countries, promised not to challenge the use of generics in South Africa, and made major contributions to South African health organizations.

 
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According to Spar, D. L. and La Mure, L. T. (2003) “The Power of Activism: Assessing the Impact of NGOs on Global Business,” California Management Review, 45(3): 78-101; There has been intense concern over the past decade about the destructive role of palm oil plantations around the world, with environmental and human rights activists targeting the industry with protests. Please look at one real-life company that produces/uses palm oil and explain how that company has reacted to activist pressure. Has the company,

1) resisted,or
2) capitulated, or
3) pre-empted the protest actions?
Why do you think the company has reacted in this way, and do Spar and La Mure’s theories explain the company’s response? How?

 
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