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Unit 4 Idenitification
Research the Innocence Project. Prepare a detailed history of its functions, its purpose, those it has helped, the problems they encounter, why they can’t help some people.
This paper should be no less than 4 pages.
RESPOND TO 2 PEER POSTS, INCLUDE CITATIONS
BMGT DISCUSSIONS
AUSTIN’S POST:
1. Analyze and recommend whether Tacy should be an employee of Clean or an independent contractor?
Explain why.
In deciding if Clean should hire George Tacy as a full time employee of Clean or sign a contract to have him be an independent contractor there are multiple variables to weigh. My personal opinion would be that Clean should hire Tacy as a full time employee. This move would give Clean more control over Tacy’s work agenda, as well as having the comfort of knowing Tacy is working 100% to fill his commitment to Clean and not distracted by other outside offers or contracts. Also if you sign Tacy as an employee he can not only fulfil his commitment of recommending/hiring IT employees, but he can also help with their onboarding process and give these new employees guidance and help as they begin their new role with the Clean company. On the other hand as an independent contractor, Tacy would be able to to recommend Clean to prospective candidates from an outside position, rather than try to sell these candidates on Clean while also being a full time employee. This could also work against Clean, because as an independent contractor, Tacy may not be loyal to Clean and may either misrepresent Clean’s values or not work his hardest on selling candidates on Clean. Being an independent contractor may also make compensation and benefits more difficult for Clean, compared to paying a full time employee of the company. In my opinion their are more benefits to hiring Mr. Tacy as a full time employee, rather than a independent contractor and would recommend to Winne and Ralph that they hire him full time to join the Clean family.
Reference
s:
Saylor.org. (2022). Relationships between Principal and Agent. Saylor.Org. Retrieved February 25, 2022, from
https://saylordotorg.github.io/text_law-for-entrepreneurs/s23-relationships-between-principa.html
less
CHRISTINE’S POST:
1. Analyze and recommend whether Tacy should be an employee of Clean or an independent contractor? Explain why.
ANS:
I would recommend Tacy to be an employee of Clean because by doing so, she will benefit from the principal/agent relationship. Once Tacy enters into this relationship, she is legally bind to act on behalf of her principal and the principal has the duty to honor any contract she makes with the agent (Tacy), to deal fairly with the agent and to indemnify the agent if following the principal’s directions gets the agent in trouble. (Fraser Sheman, 2018). On the other hand, Tacy will be given three authorities namely, Express authority (In this type of authority, the principal says what they want the agent to do) The second one is Implied authority where the agent takes actions necessary to carry out the principal’s express orders. Lastly, Apparent authority is when the agent deals with a third party and appears to be acting for the principal. Even if the agent exceeds his authority, the third party may be able to hold the principal to the deal. (Fraser Sheman, 2018). Aside from all this, she has the duty to act in the best interest of the principal at all times, never doing business for her own personal gain. Most of the liability under the principal/agent relationship or contract falls on the principal hence beneficial to the agent.
Although that might not be the case every time as there are also some disadvantages associated with such a relationship. In most cases, the principal always acts in their own best interest, the agent will put in their very best to ensure the business runs smoothly but at the ed of the day, they do not see the profit. The other downside of principal/agent relationship is that there is close monitoring by the principal of the agent is performing her work hence the agent has less freedom to work peacefully. (
Reference
Fraser Sheman., (June 2018). The Definition of Principal Vs. Agent. Retrieved from
https://work.chron.com/definition-principal-vs-agent-14381.html
.
Wolfram Muller-Freienfels. Agency Law. Retrieved from
https://www.britiannica.com/topic/agency/law
.
Liability of Principal and Agent; Termination of Agency. Retrieved from
https://saylordotorg.github.io/text-law-for-enterpreneurs/s24-liability-of-principal-and-age.html.
AASP DISCUSSIONS
ARMOND’S POST:
In the Reveal podcast episode, “Banking on inequality,” Sarah Gonzalez reviews how Paycheck Protection Program loans were unequally distributed among local businesses. In her findings, she noted that only 32% of businesses in predominantly black neighborhoods received PPP loans, while 61% of businesses in predominately white areas received them (Gonzalez, 2021). Furthermore, only 10% of businesses in majority Latino communities received these loans (Gonzalez, 2021). One cause cited for the disproportionate allocations was the business owners’ relationships with banks finding that many banks were serving current clients first even with the knowledge that it would negatively impact minority-owned businesses (Gonzalez, 2021). Compounding on this is the fact that most minority-owned businesses are small businesses, and these were the ones receiving the least help from the program (Gonzalez, 2021).
These findings demonstrate the privilege whites have had and continue to have in this country even with over a century and a half of progress. Like in the case of early African American business ownership after the reconstruction period, minority business owners today were able to adapt to the unjust struggles they were faced with through community support. However, an ability to adapt to such a struggle, particularly during a crisis of such scale, would never be required of a party genuinely being treated as equal. This leads to the fact that, as has been shown through history, African Americans and minorities in America are left to bear burdens that whites and the systems whites created placed upon them.
While the current situation has variations on past acts of discrimination, it does eerily resemble the mentality of “separate but equal” in that PPP loans were technically made available equally to all but clearly were far from equal. It’s worth noting that there are distinct differences between the two, but the similarities are more troubling. For instance, a difference may be that “separate but equal” was made explicitly known, while PPP’s discriminatory distributions were not initially known to the public. However, in both cases, those in power were aware of the effects of their actions; in the case of PPP, banks were aware that their distribution methods would negatively afflict minority-owned businesses. So it seems the mentality of discrimination has changed little while the techniques have only become more refined.
Source:
Gonzalez, S. G. (2021, May 1). Banking on inequity. Reveal. Retrieved February 26, 2022, from
GLORIA’S POST:
The Podcast that I chose was Witnessing Black History, Brown v. the Board of Education, and his daughter, Cheryl Brown Henderson, was being interviewed. Most African Americans in the United States had become sick and tired of their encounters with racism and discrimination. Now, it was affecting their children, and something had to be done. The time period was during the early 1950s.
Oliver Brown had been raised in Topeka, KS, and lived there his entire life. He worked as a welder and was studying to become a pastor. During that time, there were only four elementary schools that were segregated. When attending school, his eight-year-old daughter had to walk through a dangerous rail yard to catch the school bus, and then ride for a mile to the black school. However, there was a white elementary school a lot closer to their home. In 1951, Brown went to enroll his daughter in the white school, but was turned down along with other black families trying to enroll their children as well. The Topeka Board of Education denied all of their enrollment requests (Carriuolo, 2004).
The families, then, decided to challenge the decision in refusing their children admission to the white school. The National Association for the Advancement of Colored People (NAACP) provided legal assistance. However, the district court ruled in favor of the school board referring to the 1896 U.S. Supreme Court ruling, Plessy v. Ferguson, declaring segregation legal provided separate but equal facilities existed.
During 1952, the U.S. Supreme Court agreed to hear arguments concerning segregation in public schools. There were a total of five different cases under the name Brown v. Board of Education of Topeka that included Kansas, South Carolina, Virginia, Delaware, and the District of Columbia (Neal & Moore, 2004). Many children who lived in South Carolina and Virginia did not begin school until aged seven or eight years. Some of the black schools were five or more miles away from their homes and it was too far a distance to walk at five or six years of age. At various times, school busses with white children would pass the black children walking to school and would throw things at them and call them names from the windows in the bus.
There were a total of 13 families on the roster of the NAACP case and Oliver Brown was the tenth plaintiff to sign on but he turned out to be the main plaintiff in the case. It, probably, was due to the fact that the other 12 plaintiffs were all females and he was the only male. It took a lot of courage for Brown and the other plaintiffs to proceed with their fight against racial injustice (Russo, 2004).
Brown v. Board of Education of Topeka, KS, was filed in 1951. The Superintendent of Schools in Topeka, KS, had written and sent letters to black teachers informing them that if the Supreme Court ruling favored the blacks, many of them would lose their jobs. He felt that many white parents would not have their children being taught by black teachers. The NAACP’s leading attorney, Thurgood Marshall, argued the case before the U.S. Supreme Court. In 1954, the court, unanimously, ruled that segregation of public schools on the basis of race was unconstitutional, and violated the 14th amendment (Carriuolo, 2004). The case was a huge victory in the long battle for civil rights in America. Also, it struck down “separate but equal,” in the 1896 Plessy v. Ferguson decision.
This relates to racism, discrimination, and denial of rights under the U.S. Constitution. The NAACP was a Godsend for most African Americans who did not possess the funds for legal fees and the strategy that it used in combining the five similar cases of segregation in schools in other states.
References
Carriuolo, Nancy E. (2004). 50 Years after Brown v. the Board of Education: An interview with Cheryl Brown Henderson. Journal of Development Education 27 no3 20-2, 24, 26-7 Spr 2004. 8 pp.
Neal, La Vonne I, & Moore, Alicia L. (2004). Their Cries Went up together: Brown ET AL v. Board of Education then and now. Journal of Curriculum & Supervision. Fall 2004, Vol. 20 Issue 1, p5-13.
Russo, Charles J. (2004). Brown v. Board of Education at 50; an update on school desegregation in the US. Education and the Law, Vol. 16, Nos. 2-3, June/September 2004
Witness Black History Podcast: https://www.bbc.co.uk/programmes/p01h9d10/episodes/downloads
FEEDBACK
Overall Feedback
Thank you for your participation. Below you will find a few comments that will help with improving your posts and raising your scores in the future:
1. Make sure that you are using course readings first before consulting outside sources. These readings are required reading by all students in the course and the weekly discussion questions offer you the opportunity to display your comprehension of these readings.
2. Good engagement with your peers, but continue to work on expanding those posts using the tips provided during Week 1.
3. Be careful of making generalizations that are not supported by evidence and that are in fact inaccurate. A number of these generalizations can be found in your posts. For example, you note in one of your posts that “[b]lack people were poorer than the whites.” This could be true in some places at some times, but this was not necessarily true at all times, particularly in the earliest days of settlement when indentured servants, black and white, worked alongside each other and occupied similar a social/class status in society.
4. Overall Feedback
5. Continue to work on expanding your peer responses. Also, work on including multiple sources in your Initial Post. Your post this week relied heavily on one source and thus seemed underdeveloped.
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