There are four cases in the pdf that I upload, and there are some questions about the cases. After the questions, you can see the tips for the questions and you can reference the tips to answer the questions.

There are four cases in the pdf. The first case has five questions. The second case has 6 questions. The third case has 6 questions and the forth question has 2 questions. Each case has tips for the questions. Take the first case as an example:1. What happened here?
2. What is involuntary manslaughter? List each part of the definition separately. What
page number(s) in the textbook are those explanations? If you used the Internet to
find the explanations, provide the URL and explain why you think this is a good
source of information.
3. What additional facts would you need to know in order to determine whether the
company, Tom or Dick could be found guilty of involuntary manslaughter? In other
words, what else do you need to know in order to make a decision?
4. Apply the definition to reach a conclusion whether Silver, Tom or Dick is guilty of
manslaughter. Explain how you reached each conclusion. What examples support
your conclusion?
5. Should individual managers face criminal liability for their conduct as managers?And there are some tips after the questions.
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Appendix
Case Problems, Questions, and Teaching Notes 45
I.
Case Problem – Involuntary Manslaughter
Be a Manager and Stay Out of Jail! 46
Silver Recovery, Inc. removes silver from photographic film through a
process that involves dipping used photographic film into tanks of cyanide
solution. Francois, a 60-year-old employee of the firm, was responsible for
maintaining the tanks. Francois, who spoke no English, learned how to
perform the job by watching other workers. There was no formal training
program at the 20-employee plant. Over a period of several years,
employees who worked around the cyanide tanks periodically suffered
from headaches, dizziness, and minor respiratory ailments. At one point,
OSHA, a federal safety agency, inspected the plant, notified Silver that the
illnesses may have resulted from cyanide exposure, and recommended
changes in ventilation and equipment. Tom and Dick, president and vice president of Silver,
ordered that some changes be made. Later, while cleaning a cyanide tank, Francois collapsed
and died. The state charged Silver, Tom and Dick with involuntary manslaughter.
1. What happened here?
2. What is involuntary manslaughter? List each part of the definition separately. What
page number(s) in the textbook are those explanations? If you used the Internet to
find the explanations, provide the URL and explain why you think this is a good
source of information.
3. What additional facts would you need to know in order to determine whether the
company, Tom or Dick could be found guilty of involuntary manslaughter? In other
words, what else do you need to know in order to make a decision?
4. Apply the definition to reach a conclusion whether Silver, Tom or Dick is guilty of
manslaughter. Explain how you reached each conclusion. What examples support
your conclusion?
5. Should individual managers face criminal liability for their conduct as managers?
45
Images courtesy of a license from dreamstime.com.
This is based on Stefan Golab’s death while working for Silver Recovery Systems. See e.g., Jeffery P. Grogin,
Corporations Can Kill Too: After Film Recovery, Are Individuals Accountable for Corporate Crimes?, 19 LOY. L.A.
L. REV. 1411 (1986), available at http://digitalcommons.lmu.edu/llr/vol19/iss4/12 (last visited May 30, 2013);
People v. O’Neill, 550 N.E.2d 1090 (1990); R. Bruce Dold, Ex-worker Says Firm Masked Cyanide Peril, CHI. TRIB.
NEWS, Apr. 17, 1985, http://articles.chicagotribune.com/1985-04-17/news/8501220589_1_film-recovery-systemsstefan-golab-plant-manager (last visited May 30, 2013); Harold Hendersen, Murder in the Air, ChicagoReader.com,
June 14, 1990, http://www.chicagoreader.com/chicago/murder-in-the-air/Content?oid=875834 (last visited May 30,
2013); Job-Related Murder Convictions of 3 Executives are Overturned, N.Y. TIMES, January 20, 1990,
http://www.nytimes.com/1990/01/20/us/job-related-murder-convictions-of-3-executives-are-overturned.html (last
visited May 30, 2013).
46
15
Teaching Note for Be a Manager and Stay Out of Jail
The following is a brief summary of potential student responses.
What happened here?
Student responses should focus on factual details, e.g.
•
•
•
While cleaning a cyanide tank, Francois collapsed and died
Employee training
o Francois spoke no English.
o He learned how to perform the job by watching other workers.
o There was no formal training program at the 20-employee plant.
Notice of the issue
o Over a period of several years, employees who worked around the cyanide tanks
periodically suffered from headaches, dizziness, and minor respiratory ailments.
o Government regulation and notice: At one point, OSHA, a federal safety agency,
inspected the plant, notified Silver that the illnesses may have resulted from cyanide
exposure, and recommended changes in ventilation and equipment.
o Tom and Dick, president and vice president of Silver, ordered that some changes be
made.
What is involuntary manslaughter? List each part of the definition separately. What page
number(s) in the textbook are those explanations? If you used the Internet to find the
explanations, provide the URL and explain why you think this is a good source of
information.
California’s Penal Code section 192 provides the following definition: Manslaughter is the
unlawful killing of a human being without malice. It is of three kinds… Involuntary–in the
commission of an unlawful act, not amounting to felony; or in the commission of a lawful act
which might produce death, in an unlawful manner, or without due caution and circumspection.
This subdivision shall not apply to acts committed in the driving of a vehicle.
Elements of the CA Penal Code definition
• Unlawful
• Killing
• Human being
• Without Malice
• In the Commission of
• (a) Unlawful Act-not a felony OR (b) lawful act that might produce death, in a lawful
manner OR (c) without caution and circumspection
• Not while driving a vehicle
16
How students respond to this question would depend on the jurisdiction. If you ask students to
research information by “searching the net” for answers, it is key that you ask students to provide
evidence that they have evaluated the source(s) to determine validity and credibility. 47
What additional facts would you need to know in order to determine whether the company,
Tom or Dick could be found guilty of involuntary manslaughter? In other words, what else
do you need to know in order to make a decision?
The most common “need to know” comments/question are:
1.
2.
3.
4.
What safety equipment was available?
Whether the workers took adequate safety precautions?
What actions Tom and Dick upon receiving the OSHA recommendation?
What evidence was there that cyanide caused Francois’s death? (I generally discuss this
question as one of questioning the facts and urge students to decide based on the
assumption that it was the exposure to cyanide that caused Francois’s death.)
5. Whether Tom and Dick “knew” that workers became ill from exposure to the cyanide
fumes? (I generally discuss this question as one of questioning the facts and urge
students to decide based on the assumption that it was the exposure to cyanide that
caused Francois’s death.)
6. Whether OSHA had required training and if it didn’t whether the company should be
responsible?
Some of the above questions do not focus on facts but instead policies.
Apply the definition to reach a conclusion whether Silver, Tom or Dick is guilty of
manslaughter. Explain how you reached each conclusion. What examples support your
conclusion?
The table below provides an example of a brief identification of the element and its application
to reach the conclusion that Tom and Dick fulfilled the elements of manslaughter. This
definition did not include whether a corporation could be guilty of manslaughter and that could
be a separate discussion.
Element
Application
Unlawful
Violated OSHA regulations (discussion of whether
violation of regulations necessarily constitutes
Element
present?
Yes
47
Determining whether information is credible is an essential skill for 21st century literacy. Instructors can ask
students to complete a checklist as they develop that skill. Two helpful checklists are:
• CARS (Credibility accuracy, reasonableness, support):
http://novella.mhhe.com/sites/0079876543/student_view0/research_center999/research_papers30/conducting_web-based_research.html
• More detailed information about evaluation, including CARS http://www.virtualsalt.com/evalu8it.htm
Instructors can find more through information literacy standards promulgated by the Association of College and
Research Libraries http://www.ala.org/acrl/standards/informationliteracycompetency.
17
Element
Killing
Human being
Without malice
In the commission of
(a) Unlawful act-not a
felony OR (b) lawful act
that might produce
death, in a lawful
manner OR (c) without
caution and
circumspection
Not while driving a
vehicle
Application
unlawful, i.e. whether the violation was minor vs.
major)
Francois died; exposure to cyanide fumes on the job;
discussion of how active and direct death must be to
constitute killing; could look at other cases, articles
related to this
Francois was a worker/human being
Tom and Dick’s state of mind: define malice
(voluntary, deliberate, choice, possibly hatred) and no
malice indicated here
Exposure was passive, so could generate discussion of
what action is required in order to “commit”
Lawful act that might produce death (exposure to
cyanide without proper equipment) or without caution
and circumspection (exposure to cyanide without
proper equipment); whether this was an unlawful act
relates to whether violation of OSHA regulations
would be considered “unlawful” in the context of this
statute –see earlier note
This situation did not involve driving a motor vehicle
Element
present?
Yes
Yes
Yes
Yes
Yes
Yes
Should individual managers face criminal liability for their conduct as managers?
This topic has been the subject of a great deal of discussion and the trend is toward holding
managers criminally responsible. 48 This question can invite a discussion from an ethical
perspective through applying ethical theories to the question and a discussion on the policy
reasons for and against. There is value in asking students to respond to this question individually,
then in groups and also in a debate format. Ultimately, the trend has clearly been toward
imposing criminal liability on individual managers (see, e.g., the California Corporate Criminal
Liability Act 49) and U.S. v. Park 50 and their invocation of liability on responsible corporate
officers.
48
See, e.g., Jennifer Arlen, Evolution of Corporate Criminal Liability: Implications for Managers. NYU, Law and
Economics Research Paper No. 04-022; LEADERSHIP AND GOVERNANCE FROM THE INSIDE OUT, Jeffrey
Sonnenfeld & Robert Gandossey, ed., 2004, available at SSRN: http://ssrn.com/abstract=591202; Ida M. Jones,
Criminalizing Failure To Report Or Correct Unsafe Workplace Conditions And Unsafe Products As A Means of
Preventing Unethical Business Conduct (unpublished manuscript, on file with author).
49
CA Penal Code §387 (2013).
50
421 U.S. 658 (1975).
18
II.
Case Problem – Torts – Defamation and Invasion of Privacy
Inquiring Minds Want to Know 51
Beauty Queen had recently married the billionaire recluse Howard
Huge. She consented to the couple giving an interview to the great
news person Baba Wawa. Beauty Queen hoped to further help Howard
Huge overcome his reclusiveness. Baba Wawa arrived at the mansion a
little early and as she walked by a large picture window at the front of
the house she stopped and looked in. She saw Howard Huge holding
one of Beauty Queen’s prized Afghan dogs by its collar or neck,
shaking or striking it on the shoulders. Meanwhile, Beauty Queen was
on her hands and knees on the carpet, wearing her underwear, wiping
something wet and brown looking from the luxurious cream colored
carpeting, and seemingly crying. Baba Wawa took pictures. She then
waited outside the house until the appointed time for the interview.
During the interview Beauty Queen talked about how happily married the two were. Howard
Huge did not say anything unless directly asked, then answered without emotion and briefly. At
one point Baba Wawa asked about the prize Afghan hounds and asked to see them. Beauty
Queen uncomfortably told Baba Wawa that they were under the weather and that she would not
stress them by having them come to the great room. Baba Wawa completed the interview and
left.
The story that she published included the photo of Howard Huge “strangling” the prize dog and
looking like he was angry, with Beauty Queen appearing to be cowering and crying. Baba
Wawa further indicated that the couple refused to allow the dogs to be seen and that no one had
seen the dogs since the photographed scene.
The couple began to be shunned by their peers and denied permission to show the dogs. They
sued Baba Wawa and Star News, her employer, seeking compensation for damaging their
reputations.
The real story was that the dog was choking on some object and Howard was trying to dislodge it
by hitting it between the shoulder blades and shaking it. Howard was worried about the poor
dog, of which he was very fond, throughout the interview. This might explain why he seemed
surly or distant during the interview.
1. Beauty Queen and Howard Huge want to sue both the interviewer Baba Wawa and the
magazine that published the story Star News. You should explain the issue(s), the law, how
the law might be applied to this story, and your conclusion in regards to suing the defendants.
Write your essay in IRAC format (Issue, Rule, Application, Conclusion). Warning: Often
51
The title is referring to National Enquirer’s old slogan. This is the type of story that a gossip magazine like
National Enquirer would publish.
19
2.
3.
4.
5.
6.
there is so much law (Rule) to explain and apply that the information is clearer when you
break it into a series of short law and application summaries.
What is the issue or what are the issues? It might help to start by writing, “The issue is
whether or not….” State it as specifically as you can, identifying the causes of action and
referring to the story.
Explain the elements of each claim and which elements might not be shown by the evidence.
As you explain the elements of each tort, identify how the facts satisfy or do not satisfy each
of the elements. A plaintiff can sue more than one defendant and can make more than one
claim. The following sources may be useful to supplement your text’s law summaries.
Definition of defamation can be found at the following website.
http://www.chillingeffects.org/protest/question.cgi?QuestionID=323. Warning: When
explaining the tort of defamation, ignore distinctions between slander and libel, and
concentrate on the elements of defamation alone.
Invasion of privacy as described in the Restatement of Torts is at the following website.
http://www.lexisnexis.com/lawschool/study/outlines/html/torts/torts22.htm
Explain the defense(s) that Baba Wawa and Star News will use and which elements might
not be shown for the defense.
The case of New York Times v. Sullivan is a famous case you should use for comparison.
Summarize it and tell how it is similar and how it is different. If you do not find the case in
the text, you may access a summary of the case it at the following website.
http://www.casebriefs.com/blog/law/torts/torts-keyed-to-epstein/defamation/new-york-timesco-v-sullivan/
Based on your analysis, provide your conclusion to the problem.
20
Teaching Note for Inquiring Minds Want to Know
1. Beauty Queen and Howard Huge want to sue the interviewer Baba Wawa and the
magazine that published the story Star News. You should explain the issue(s), the
law, how the law might be applied to this story, and your conclusion in regards to
suing each of the two defendants. Write your essay in IRAC format (Issue, Rule,
Application, Conclusion). Warning: Often there is so much law (Rule) to explain
and apply that the information is clearer when you break it into a series of short law
and application summaries.
This section asks for an overview of the problem and how to discuss it. It includes the
questions asked in the other 3 case problems: What happened here? Who did what to
whom? But it does not ask the student to restate the facts. It goes beyond asking what the
students read and asks what it caused them to think about from their text reading, class
discussions, and lectures. They should identify it as defamation quickly.
2. What is the issue or what are the issues? It might help to start by writing, “The
issue is whether or not….” State it as specifically as you can, identifying the causes
of action and referring to the story.
The issue is whether or not Beauty Queen and Howard Huge can prevail against Baba
Wawa and Star News for defamation and for three of the four types of invasion of
privacy: intrusion upon seclusion, publication of private facts, and placing one in a false
light. Often students require a lot of practice in issue stating to articulate the issue.
Sometimes they might be advised to just write their information and thoughts and then to
decide what the issue that they wrote about is. While it is reverse order, it might work for
the student who tends to think deductively rather than inductively.
3. Explain the elements of each claim and which elements might not be shown by the
evidence. As you explain the elements of each tort, identify how the facts satisfy or
do not satisfy each of the elements. A plaintiff can sue more than one defendant and
can make more than one claim. The following sources may be useful to supplement
your text’s law summaries.
Definition of defamation can be found at the following website.
http://www.chillingeffects.org/protest/question.cgi?QuestionID=323. Warning:
When explaining the tort of defamation, ignore distinctions between slander and
libel, and concentrate on the elements of defamation alone.
Invasion of privacy as described in the Restatement of Torts is at the following
website. http://www.lexisnexis.com/lawschool/study/outlines/html/torts/torts22.htm
The student may find a sufficient definition of the following in his or her text. Some
texts omit invasion of privacy types and some texts omit the definition of defamation,
preferring to discuss libel and slander. For this reason, the prompts refer the student to
basic legal information easily found online and from credible sources. Use of the Internet
21
and obtaining information literacy are ancillary issues, which may be addressed in case
problem exercises. If the instructor tells the student to go online and find some
information, the result may not be acceptable. These 2 sites were identified because they
present the definitions provided in the Restatement of Torts broken into their elements.
The Chilling Effects website defines defamation: “(1) A publication to one other than
the person defamed; (2) of a false statement of fact; (3) which is understood as being of
and concerning the plaintiff; and (4) which is understood in such a way as to tend to harm
the reputation of plaintiff.” It has the advantage of setting out elements for the student,
which the online legal dictionary definitions do not necessarily do. Many definitions
omit the element of publication, often saying communication instead. That misleads the
legal thinking person because it would seem to include statements said to the plaintiff her
or himself. The elements are presented below:
Element
Application
Publication
The story was published in the Star News, a magazine
that people read.
This element is problematical because while the photo
and description of it are misleading, it is debatable
whether a factual statement was made. This requires
further research to determine whether the law presumes
hurtful statements are false without having to prove so.
(The Smith and Roberson’s text from which I learned
to teach did explain that if the statements are hurtful,
the courts tend to presume they are false, thus shifting
the burden to the defendant to prove the statements are
true. Often it is impossible to prove the truth or
falsehood of mean statements.) While often a single
student will not consider the nuances of each element,
the likelihood that such will be recognized increases
when students are working collaboratively.
This element is satisfied without much comment.
This element has some facts that address it directly,
that the dog show sponsors will not let the plaintiffs
show their dogs. Again, the enterprising student may
look for a further explanation of how courts interpret
harm in the tort of defamation. Many texts explain that
in defamation most courts do not require the plaintiff to
show physical or monetary harm; the tort protects the
plaintiffs’ reputations even in t …
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