Functional Equivalent of Arbitration

 

 

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Meets required elements of dropbox assignment. Answers for all questions are present and are supported by relevant examples, material from the text and/or other competent sources.

Assignment contains coherent paragraphs that are unified and effective with appropriate transitions between ideas.
Avoid spelling errors, awkward language, improper grammar, flawed punctuation, and other technical mistakes.
Analysis is double-spaced, and in 12-point, Times New Roman (or similar) font.
All source references are properly cited, APA format required.
Dropbox Assignments
Dropbox Assignments will vary depending upon the chapter and legal principle. Be sure to read all directions and follow them thoroughly. The focus will be your legal analysis and conclusions. “It could go either way “is not acceptable. When complete, they should be placed as .doc or .pdf files into the Dropbox. Consider the work formal and strive to put your best writing forward, carefully proofread. APA format is required.
To view the full text of any of the cases cited throughout the Discussion or Dropbox Assignments: go to Lexis-Nexis Academic Legal Search at the Library Resource Page on the Columbia College Homepage.

 

 

Business Scenarios and Case Problems (4.1 and 4.9)

4–1. Standing. Jack and Maggie Turton bought a house in Jefferson County, Idaho, located directly across the street from a gravel pit. A few years later, the county converted the pit to a landfill. The landfill accepted many kinds of trash that cause harm to the environment, including major appliances, animal carcasses, containers with hazardous content warnings, leaking car batteries, and waste oil. The Turtons complained to the county, but the county did nothing. The Turtons then filed a lawsuit against the county alleging violations of federal environmental laws pertaining to groundwater contamination and other pollution. Do the Turtons have standing to sue? Why or why not? (See Basic Judicial Requirements.)

4–9. A Question of Ethics—The IDDR Approach and Arbitration. John McAdams is a tenured professor ofpolitical science at Marquette University. McAdams posted a comment on his blog criticizing Cheryl Abbate, a philosophy instructor, for her interchange with a student in her Theory ofEthics class. Lynn Turner, also a member of the faculty, expressed a negative opinion of McAdams’s comment in a letter to the Marquette Tribune. Meanwhile, on Abbate’s complaint, the university convened the Faculty Hearing Committee (FHC)—which consists entirely of faculty members, including Turner—to consider the case. Acting on the FHC’s recommendation, Marquette suspended McAd-ams for a semester without pay and ordered him to apologize to Abbate. He refused, and filed a suit in a Wisconsin state court against Marquette. [McAdams v. Marquette University, 383

Wis.2d 358, 914 N.W.2d 708 (2018)] (See Alternative Dis-pute Resolution.)
(a) Apply the IDDR approach to consider the ethics of Mar-quette’s convening of the FHC in McAdams’s case.
(b) From a legal perspective, was the university’s disciplinary procedure the functional equivalent of arbitration, limit-ing McAdams’s right to litigate his claim in court? Explain.For more information on functional equivalent of arbitration check on this :https://en.wikipedia.org/wiki/Arbitration

 

 

 

 

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