Chiquita Csr Case Study

“The idea that a corporation is a legal person with constitutional rights is, of course, a controversial one. Some commentators argue that it's bad policy. In my view, however, it is a well-settled principle of US constitutional law and justifiably so. The legislative history of the Fourteenth Amendment suggests that Congress substituted the word ''person'' for the word ''citizen'' precisely so that the provisions so affected would protect not just natural persons but also legal persons, such as corporations, from oppressive legislation.”

In today’s ever changing and competitive modern world of business, it is critical for the companies to have activities internationally. In order to prohibit frauds and illegal activities, several acts and documents have been elaborated. One of the documents is Foreign Corrupt Practices Act that has been enacted in the 1970’s, as a result of SEC investigation of several U.S. companies that made illegal payments to foreign governmental officials, politicians, and political parties (Barnes 73). The FCPA had a critical impact on the way U.S. firms do business. Companies that did not comply with FCPA have been subject of criminal and civil enforcement actions that later resulted in huge fines and sentences for

Case Study of case 69 A.D.3d 413: Yun Tung Chow vs. Reckitt & Colman, Inc.

M international (M) and W Inc (W) decided to enter a long term litigation, due to a patent rights violation. M being the demandant and W the respondent. Not enough information was provided in relation to the charges or the patent.

Since its beginning, the United States of America has gradually and steadily expanded the oversight and power of its own federal government. This expansion has resulted in a plethora of effects on the relationship between local state government and federal government both negative and positive. However, the increased impingement from the federal government onto local and state government constitutional rights, has created an imbalance. A major part of this imbalance has stemmed from unfunded mandates being imposed upon states. This imbalance has caused enough problems between the states and the federal government that the states have not only begun to question if federal mandates should go unfunded, but also whether or not the federal government has the authority to impose these mandates in the first place.

The petition alleges that the preventable death of the daughters of Ms. Gonzales and the damage they suffered violate her rights to life and to the safety of the person enshrined in Article I, her right to privacy and family life provided in article V, his right to protection of the family, provided in article VI, his right to protection of motherhood and childhood, in accordance with article VII and his right to the inviolability of the home, provided in article IX of the American Declaration of the Rights and Duties of Man (hereinafter, "the American Declaration"). The petitioners add that the fact that the United States did not investigate Ms. González's complaint or provide her with a remedy violates her right to justice, enshrined in Article XVIII, as well as her right to obtain a quick decision from the courts. authorities, provided for in Article XXIV. Finally, the petition maintains that the fact that the United States did not ensure the substantive rights provided for in the articles listed violates Ms. Gonzales' right to equality, as provided in Article II. In response to the petition, the State argues that the petitioners' complaints are inadmissible because the alleged victim did not exhaust domestic

Issue 1: Under the Alien Tort Statute, are individuals allowed to bring a civil suit against non-citizens for crimes conducted and committed in violation of the law of

The statute makes it unlawful to “harbor” an alien, knowing or in reckless push aside of the truth that the alien has come to, entered, or remained within the america in violation of the regulation. Harboring method any behavior that considerably helps an alien's closing within the usa illegally. A jury moderately should conclude that Tipton and Seferi harbored those extraterrestrial beings by way of granting them employment, via supplying the aliens an area to live, daily transportation, and money to purchase requirements, and by keeping counterfeit immigration papers for every alien. The equal proof that supported a finding that Tipton and Seferi knew the aliens were unauthorized for employment also provided an good enough basis for the jury to finish that the appellants knew or recklessly left out the truth that the extraterrestrial beings were unlawfully in the us of a.

Doe v. Unocal Corporation case is well-known and complicated, however, this long lasting series of trials gave an opportunity to small individuals be on a par with large corporation in terms of the Alien Tort Claims Act (ATCA) and other International laws. The ATCA was founded in 1789 and allows foreign citizens to bring civil lawsuits in the US courts for damages caused by violations of the law of nations and treaty of the United States. Recently, it has been largely used to bring legal actions against companies working in other countries, for example, in cases of environmental threats (Globalpolicy.org, 2016). If these claims are allowed to proceed ATCA can rightly be considered, as a powerful tool for increasing corporate responsibility.

The United States Constitution bestows to Congress the power to oversee matters involving commerce with “foreign Nations and between the several States” while vesting authority to the states to regulate intrastate commerce (U.S. Const. art. I, § 8, cl. 3). While the Commerce Clause of the Constitution provides Congress with such federal authority, it does not explicitly provide a meaning or description of the words “interstate commerce.” Conflicts concerning what actions and activities constitute interstate commerce and the perceived limitations on Congress to enact regulatory laws arose before the United States Supreme Court. Particularly, individuals began to rely on the Supreme Court’s rulings to verify if regulations and laws enacted by Congress pass constitutional muster under the Commerce Clause. Over time, the Supreme Court’s interpretation of what power the Commerce Clause grants to the congress changed, thereby altering the activities, definition, and the Congress’s regulatory power of interstate commerce.

For over 200 years now, the U.S.A has had the federal administration run parallel to the state administration. Even then the relationship between the two parallel systems of administration has been at times hostile with the states demanding that their sovereignty is respected shunning such things as Federal mandated funding. Even then, the federal influence over state issues has been substantial with states fighting back every time they become vulnerable to federal coercion.

The Dannon Company is a subsidiary of Danone whose heritage dates back to 1919 and founded by Isaac Carasso in Spain. When Carasso immigrated into the United States in 1942, he established Dannon Milk Products, Inc. in New York, changing Danone into “Dannon” to make the name sound more American. Like most startup companies, Dannon faced challenges as a company until several decades after, in 1988, when Dannon capitalized on the advantages of having an FDA approval that they had one of their first most successful product launches. Since

Corporate Social Responsibility (CSR) is something that affects all companies and should be an active factor in the company’s decision making. It is something all corporations need to care about. CSR is when business’ or corporations take part in an initiative or campaign for a cause that will benefit society and/or in some way make the world a better place (Taylor, 2015). Initially, Corporate Social Responsibility started to take shape around the 1950’s, but some say that it dates all the way back to the 1800s, the idea of CSR was seen (Carroll, 2007). One may think that because it is dated so long ago, it doesn’t have an important impact today nevertheless, it is proven that Corporate Social Responsibility is a pathway for entities to self benefit as they are in the process of benefitting society.

Law and economics is an interdisciplinary field that applies economic theory to examine the formation and the impact of tort law and the tort damages. It focuses mainly on deterrence, paying little attention to justice, fairness, or distribution. It is a tool to assess the costs and benefits that UCC was looking as an outcome of setting up a plant in India - Union Carbide India Ltd (UCIL) - a subsidiary of the Union Carbide Corporation (UCC). We need to determine who bears the burden of the injury and if this injury caused by UCC are compensable to what extent. Two important forms of tort law, which can be used to analyze, are Positivistic Economics and the Normative Economics. Positive economics describes how legal rules influence

Corporate Social Responsibility (CSR) is the intention of the companies to do the right things and act in certain ways that are good for the company, society and environment. CSR was accelerated in 1970 (Archie B, 2006) and took into account since there was a concern between the increased population and scarce resources. It was established in order to ensure that the global development is sustainable. There are three fundamental aspects of sustainability, economic progress, communities’ relationships and environmental protection. This essay will report the managerial skills, leadership style and management practises in leading and managing an organisation to promote better and greener environment. Considerable research has been undertaken on Toyota Motors Corporation.