Now let us address the following questions: The efforts are described in the case with a minimum of interpretation, on purpose. The intent is to encourage you to analyze what is really going on here. It is easy, however, to lose track of who is doing what when, in response to whom. The exhibit helps to clarify matters.

1. Among Dell’s rivals, which one has done the worst job of responding to the challenge posed by Dell?
2. What are the dangers of encouraging channel assembly?
3. What roles do HP and Gateway play in these dynamics?
4. How effective have the various attempts to catch Dell been so far? How much of that $300 /13.6% competitive advantage has disappeared between 1996 and 1998?
5. The central question: Why has it been so hard for rivals to match Dell?
6. Why don’t IBM and Compaq quit fooling around and really go direct and why can’t a company succeed in both direct and indirect channels?
7. Why can’t you just piece the Dell system together bit by bit?
8. What would happen if Gateway really went after Dell’s corporate clients with its Direct Model?
9. Companies like Compaq and IBM really seem like they’re over a barrel. Taking a step back, how did these companies wind up in this predicament?

Assignment 2: The Gig Economy

Uber is largely hailed as the advent of the gig economy, which is the idea that people will not work for any one employer, but instead will work on projects for any variety of companies desiring their services. While creating a new type of entrepreneurship for individuals, it raises a host of new legal questions for companies around the law of agency. Your boss has asked you to evaluate Uber’s legal exposure for the conduct of its drivers.Write an interoffice memo in which you:

1. 1. Summarize the main principles of agency law and the term “scope of employment.” How is this term applicable when it comes to Uber and its business and the liability for its drivers? (Remember to consider liability as to Uber employees and as independent contractors)
   2. Recently, an Uber driver lost control and killed his passengers. The driver was drunk. Should Uber be liable for the conduct of its driver in this situation? Why or why not? Use the law of Agency to back up your argument.
   3. Identify the steps Uber should take to limit its legal exposure for the conduct of its drivers.
   4. Use at least three (3) quality resources in this assignment, one being the textbook. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.

   Your assignment must follow these formatting requirements:Your Memo should include a heading, summary statement, background and recommendations.

MEMO FORMAT

TO:

FROM: Your Name Here

DATE: The date here

SUBJECT: The Gig Economy

List some Uber Facts: You can use this language to start if you want to – Uber is largely hailed as the advent of the gig economy, which is the idea that people will not work for any one employer, but instead will work on projects for any variety of companies desiring their services. While creating a new type of entrepreneurship for individuals, it raises a host of new legal questions for companies around the law of agency. The company profits in 2018-2019 equaled…Additional facts about the company…additional facts about the company.

HEADERS:

Principles of Agency Law and “Scope of Employment”

Agency Law and Legal Liability as to Uber for Actions of Drivers – Employees versus Independent Contractors

Scenario – Drunk Employee and/or Independent Contractor and Application of the Law and Liability for Passenger Injury

Recommendations or Steps to Limit Legal Liability for Drivers/Independent Contractors

Please show all work and calculations here are the three questions

1. The pre-2017 Part 23 requirements of the Federal Aviation Regulations required that a single engine aircraft must stall at a maximum of 61 kt. Assume: maximum lift coefficient of 2.5 with

flaps, standard day at sea level. Assume the wing is 100% efficient.

(a) How big does the wing need to be for a 61 kt stall speed for an aircraft with a gross weight of 4,450 lb (in square feet)?

2. Assume that we plan to operate the airplane in the problem above out of out of airports such as Truckee Tahoe, but want to maintain the same stall speed in the proximity of the airport. The Truckee Tahoe airport is at 5,900 feet MSL, so use 8,000 feet as the desired altitude

for the determination to allow for some extra margin (mountains, up and downdrafts, higher temperatures, etc.).

(a) How big does the wing need to be for a stall speed of 61 kt on a

standard day (with flaps) at 8,000 feet?

3. Using the airplane in problem #2, but with flaps retracted and a maximum lift coefficient of 1.8:

(a) What is the stall speed at sea level?

(b) What is the stall speed at 8,000 feet?

Chapter 26: Bim Consultants Inc.

Please address the questions below.

• What is your assessment of the situation?
• What advice would you provide to the board of Bim Consultants?
• What pitfalls should they be concerned with?

Chapter 27: Nerds Galore

Please address the questions below.

1. This is a relatively brief case study; yet the problems faced are quite complex. In your workshop, how did you handle uncertainty in the information you have been given and how does this translate into real-world workshops where not all the answers can necessarily be given at the table?
2. What were some of the risk sources that emerged repeatedly in evaluating the risks? How is this helpful?
3. How would this risk assessment aid in the decision on whether or not to proceed with the new HR strategy?

Chapter 28: The Reluctant General Counsel

Please address the questions below.

1. What are Jason’s options? Can he accept a risk management program that does not involve the legal department?
2. Do you agree with George’s arguments? Are they valid?
3. How would you proceed, if you were the risk officer?

Chapter 29: Transforming Risk Management at Akawini Copper

Please address the questions below.

1. If you were conducting interviews of the Akawini management team so that you could draw objective conclusions for the review described in the chapter, what questions would you ask?
2. What would you expect to see in the first year risk management transformation plan? What would be the typical tasks?
3. You have been asked to advise the Akawini management team how they should promote and monitor the transformation of risk management in their business. What performance measures would you recommend they use so that they can monitor progress and performance?

Read any of the articles from THE MARSHALL PROJECT (a nonprofit journalism source about criminal justice) linked below:

1. I Did My 25 Years. Now I’m Fighting Another Sentence—Deportation
2. Can We Fix Mass Incarceration Without Including Violent Offenders?
3. Maryland Leads as Prison Populations Continue to Decline
4. Is The “First Step Act” Real Reform?
5. Prosecutor Sentence Review Units Would Revisit Punishments from the Past
6. Why It’s So Hard For Death Row Prisoners Like Rodney Reed To Prove They’re Innocent
7. Oklahoma Releases Hundreds From Prison on One Day

https://www.themarshallproject.org/# (Links to an external site.)

Then:

• Summarize the article’s key points.
  • Since the summary you compose is relatively brief, DO NOT USE DIRECT QUOTES FROM THE ARTICLE. MAKE SURE TO PARAPHRASE/USE YOUR OWN WORDS.
• Explain how the article is related to this week’s assigned readings.
• Discuss a law or criminal justice policy that you think should be enacted to resolve the sentencing-related problem(s) addressed in the article.

Week 6 (2/10 – 2/16)

Topic COURTS: Sentencing Guidelines; Sentencing Reform Readings Book 1 – Hemmens (2014): Chapter 7 &17 Book 2 – Israel et al. (2016): Chapter 20