Legal
1. 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.
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. 2. 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)
Answer: Appropriation is one of the four privacy torts; it defines the use of a person's name, likeness or identity for trade or advertising purposes without consent.
Some states recognize two types of appropriation:
1. Private People's Right of Privacy: using their name or picture without consent would cause embarrassment, shame, emotional distress, but this wouldn't hold for people who seek out and depend on publicity. They don't suffer emotional harm from public attention.
2. Celebrity's Right of Publicity: unauthorized usage causes loss of money (recognized in more than 20 states).
As in the case Midler v. Ford Motor Co., after the commercial aired, P and the sound alike were told by numerous people that it sounded exactly like P. However, P's name and likeness were not used in the commercial, therefore, as defenses to the claim of appropriation, such individual is not identified. 3.
Will E. Chancit, a 36-year-old attorney, was killed when his Ford Fairlane collided with some metal fence on the Harbor Freeway in Los Angeles. He was traveling at a speed between 50 and
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. 2. 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)
Answer: Appropriation is one of the four privacy torts; it defines the use of a person's name, likeness or identity for trade or advertising purposes without consent.
Some states recognize two types of appropriation:
1. Private People's Right of Privacy: using their name or picture without consent would cause embarrassment, shame, emotional distress, but this wouldn't hold for people who seek out and depend on publicity. They don't suffer emotional harm from public attention.
2. Celebrity's Right of Publicity: unauthorized usage causes loss of money (recognized in more than 20 states).
As in the case Midler v. Ford Motor Co., after the commercial aired, P and the sound alike were told by numerous people that it sounded exactly like P. However, P's name and likeness were not used in the commercial, therefore, as defenses to the claim of appropriation, such individual is not identified. 3.
Will E. Chancit, a 36-year-old attorney, was killed when his Ford Fairlane collided with some metal fence on the Harbor Freeway in Los Angeles. He was traveling at a speed between 50 and