Mgmt 520
1.
Question :
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.
Student Answer:
The proposed regulation would not fix the problem it is intended to remedy and that it would cost more. Also there would be a tax not a safety change, in which OSHA deals with health issues. Two arguments available would be arbitrary and capricious and/or abuse of discretion, ultra vires, substantial evidence test
Instructor Explanation:
Student should list two of these: arbitrary and capricious and/or abuse of discretion, ultra vires, substantial evidence test. (7.5 points for each correctly noted argument.) "Unconstitutional," "public comments period," and "standing" will earn 3 points each for noting these as APA arguments (but they are not correct in this fact pattern).
2.
Question :
TCO F. Target sells bags that appear to be Prada, Gucci, and Coach handbags but are priced much lower. The brand labels on the bags say "Pardna," "Guchy," and "Coaching." The prices are about 65% less than the typical brand-name bags. If the owners of the Prada, Coach, and Gucci names sue Target for palming off or counterfeiting, what would they need to prove to try to win? Do you think they would win? (short answer)
Student Answer:
In order for the owners of Prada, Coach, and Gucci to win a case on counterfeiting they would need to show that the bags would create consumer confusion and they would need to prove that Target intentionally tried to confused consumers by using similar names of their product. There must be an intent for customer to think that this was the real
Question :
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.
Student Answer:
The proposed regulation would not fix the problem it is intended to remedy and that it would cost more. Also there would be a tax not a safety change, in which OSHA deals with health issues. Two arguments available would be arbitrary and capricious and/or abuse of discretion, ultra vires, substantial evidence test
Instructor Explanation:
Student should list two of these: arbitrary and capricious and/or abuse of discretion, ultra vires, substantial evidence test. (7.5 points for each correctly noted argument.) "Unconstitutional," "public comments period," and "standing" will earn 3 points each for noting these as APA arguments (but they are not correct in this fact pattern).
2.
Question :
TCO F. Target sells bags that appear to be Prada, Gucci, and Coach handbags but are priced much lower. The brand labels on the bags say "Pardna," "Guchy," and "Coaching." The prices are about 65% less than the typical brand-name bags. If the owners of the Prada, Coach, and Gucci names sue Target for palming off or counterfeiting, what would they need to prove to try to win? Do you think they would win? (short answer)
Student Answer:
In order for the owners of Prada, Coach, and Gucci to win a case on counterfeiting they would need to show that the bags would create consumer confusion and they would need to prove that Target intentionally tried to confused consumers by using similar names of their product. There must be an intent for customer to think that this was the real