Mgmt 520 Exam

1. TCO B. The "public comment" period closes on an OSHA proposed regulation, and your business had filed a public comment against the proposed regulation explaining that the regulation would not fix the problem that OSHA was trying to remedy, that the regulation would cost more than the problem itself, and that the regulation was a tax, not a safety change. List two arguments available to your company that may succeed in overturning the regulation. (Points: 15)

Two arguments for overturning the regulation are listed below

1. Regulation does not address/fix the problem - The problem that the regulation is trying to solve should be put into context, along with efficient and best alternative solutions to solve the problem. It must be shown that the proposed regulation is not the best way to resolve what is an important issue, and hence the regulation should be overturned.

2. Regulation does not increase the safety levels - The objective of the regulation is to provide a safer workplace, and if upon implementation of the regulation this objective should be met. It should be shown very factually with data and examples that the regulation does not increase the safety levels, but is a burden on businesses to comply with.

2. TCO F. In Midler v. Ford Motor Co., Bette Midler sued Ford for unauthorized appropriation. Explain what appropriation is. Tell me what type of civil claim appropriation is and what a person has to prove to win damages for it. (short answer only) (Points: 15)

Appropriation is the use of a person's name, likeness or identity for trade or advertising purposes without consent. For example if a company has used pictures of a model for an advertising campaign without informing the model, then it would be unauthorized appropriation.

There could be two types of appropriation, namely private people's right of privacy and celebrity's right of publicity and would be a civil claim under right to privacy. The person has to prove that...