Research Proposal on "DWI Is Placed in a Precarious Legal"

Research Proposal 3 pages (1119 words) Sources: 4

[EXCERPT] . . . .

DWI is placed in a precarious legal position because it has competing duties. On the one hand, DWI cannot discriminate against any of its patrons on the basis of race. On the other hand, its refusal to do so has placed its employees in a position of danger. While the threats that DWI and the hotel have received have been directed against the property and its guests, when the snipers came, one of the employees was injured and the property was damaged. Since the sniper attack, the hotel has received additional threats of violence and damage. In response, many of the employees have claimed to be sick and failed to appear for work. On the other hand, Arab-American groups and others threatened to boycott DWI if the company acquiesced to the blackmail.

What is clear is that DWI cannot, under any circumstances, bar clientele from its hotel because of their race. Under Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964), the Court determined that Title II of the Civil Rights Act of 1964, which prohibited racial discrimination in places of public accommodation such as hotels and motels, was a valid exercise of Congress' power under the Commerce Clause. In Katzenbach v. McClung, 379 U.S. 294 (1964), the Court determined that Title II could constitutionally be applied to restaurants, because much of the food served in restaurants moves within the stream of commerce. The result of those cases was that hotels and other establishments offering public accommodations in the United States were absolutely barred from discriminating on the basis of race. To bar any of its Arab-American or Middle-Eastern customers would expose DWI to tremendous financial liability. Such action would also be a public rel
Continue scrolling to

download full paper
ations nightmare for a large company such as DWI, which operates in an international arena.

However, it is important to note that DWI's duties cannot be defined solely by Heart of Atlanta or Katzenbach and their interpretation of Title II. DWI also has a duty to its employees to provide them with a safe working environment and to provide its guests with a safe environment. Depending on the nature of the threats received by DWI, it may have breached its duty to its employees and customers. Now that the threat is known, DWI certainly has a duty to make sure that the threat is contained before requiring its employees to return to work. While it would be illegal and unethical to bar Arab-Americans from the hotel and casino, it would not be inappropriate to close the operation's door until DWI has had a chance to inform all appropriate law enforcement agencies (FBI, state police, local police, and homeland security) of the threat, cooperate with those agencies on an investigation, and hire sufficient private security to ensure employee and guest safety.

Works Cited

Heart of Atlanta Motel, Inc. v. United States, 379 U.S. 241 (1964).

Katzenbach v. McClung, 379 U.S. 294 (1964).

Response Posting One- Response to Lanea.Loza on 12/04/2008 8:15PM

The poster made an important point when she discussed the fact that DWI cannot, under any circumstances, bar customers from its premises on the basis of race. That type of racial segregation is clearly outlawed under Title II of the Civil Rights Act of 1964. Moreover, the poster made a good point that DWI had a variety of law enforcement… READ MORE

Quoted Instructions for "DWI Is Placed in a Precarious Legal" Assignment:

"PLEASE FOLLOW EXCACTLY"

Phase 2 Discussion Board

Deliverable Length: 400-650 words

Details: Read these landmark cases:

Heart of Atlanta Hotel v. U.S.

(http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=US&vol=379&page=241)

Katzenbach v. McClung

(http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=379&invol=294)

These cases upheld the Civil Rights Act of 1964 as being a constitutional exercise of Congressional power under the Commerce Clause of the U.S. Constitution. The leisure group of DWI owns and operates several hotels and casinos, one of which is "The Queen of The Nile" casino, on the Mississippi River waterfront in New Orleans. This Egyptian themed hotel and casino is quite popular with Arab-Americans and visitors who are citizens of nations in the Middle East and Northern Africa.

Recent events in the Middle East have led to an increase in anti-Arab sentiment, and several fringe groups have actually resorted to violence against persons who appear or are believed to be of Middle Eastern decent and damage to properties they own or frequent. In recent weeks, DWI and the hotel have received threats against the property and its guests via mail, phone, and e-mail. In response, DWI has circulated a memo to employees advising them of the threats and has increased security patrols on the premises. Last night, one or more snipers shot at arriving and departing guests who appeared to be of Middle Eastern descent; two guests and one employee were injured and there was damage to several doors and windows near the hotel entrance.

Additional threats against the hotel have been received, threatening bombings and additional violence unless DWI stops allowing persons believed to be Arab-Americans or others of Middle Eastern descent to stay at or visit the hotel property; several employees have claimed to be sick and have failed to appear at work this morning; Arab-American groups and others are threatening a boycott of DWI products and services worldwide if the company acquiesces to the blackmail.

Discuss the legal and ethical considerations raised by this situation and make a recommendation to the Board as to what actions DWI should take.

In your own words, please post a response to the Discussion Board and comment on other postings. You will be graded on the quality of your postings.

Post your comments to at least two other postings. Each comment must be at least 200 words in length. Use the 2X2 matrix to comment (i.e., two things you liked about the posting, and two things the student could have included to improve the posting including errors or excluding erroneous information). You will be graded on the quality of your postings.

Points Possible: 75

Date Due: Monday, Dec 08, 2008

Objective: Recognize the principal legal and ethical issues facing managers.

Apply ethical frameworks to business situations.

Use effective communication techniques.

Submitted Files: Discussion Board

Score: N/A

Instructor Comments: Instructor Comments: Hello class here are some main issues that could be addressed to meet "course expectations", be sure to also use course book concepts: :////Agencies: Dept. of Homeland Security, FBI, (OSHA)=Occupational Safety & Health Admin., Nat'l Guard, S.W.A.T., U.S. marshals, and the ATF.etc..///LAWS: Civil Rights Act of 1964, The Patriot Act, Title 18, U.S.C. Section 245 "Federally Protected Activities", Polish Alliance v Labor Board, Case studies= Atlanta Hotel v United States, Katzenback v McClung; 14th Ammendment="protection of Individual rights to a public establishment.//////Terms: vicarious liability, negligence, "respondeat superior", criminal law, civil law.., ethics audit, ethical philosophies..etc..

How to Reference "DWI Is Placed in a Precarious Legal" Research Proposal in a Bibliography

DWI Is Placed in a Precarious Legal.” A1-TermPaper.com, 2008, https://www.a1-termpaper.com/topics/essay/dwi-placed/792969. Accessed 3 Jul 2024.

DWI Is Placed in a Precarious Legal (2008). Retrieved from https://www.a1-termpaper.com/topics/essay/dwi-placed/792969
A1-TermPaper.com. (2008). DWI Is Placed in a Precarious Legal. [online] Available at: https://www.a1-termpaper.com/topics/essay/dwi-placed/792969 [Accessed 3 Jul, 2024].
”DWI Is Placed in a Precarious Legal” 2008. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/dwi-placed/792969.
”DWI Is Placed in a Precarious Legal” A1-TermPaper.com, Last modified 2024. https://www.a1-termpaper.com/topics/essay/dwi-placed/792969.
[1] ”DWI Is Placed in a Precarious Legal”, A1-TermPaper.com, 2008. [Online]. Available: https://www.a1-termpaper.com/topics/essay/dwi-placed/792969. [Accessed: 3-Jul-2024].
1. DWI Is Placed in a Precarious Legal [Internet]. A1-TermPaper.com. 2008 [cited 3 July 2024]. Available from: https://www.a1-termpaper.com/topics/essay/dwi-placed/792969
1. DWI Is Placed in a Precarious Legal. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/dwi-placed/792969. Published 2008. Accessed July 3, 2024.

Related Research Proposals:

Driving While Intoxicated (DWI) Term Paper

Paper Icon

Driving While Intoxicated (DWI)

It was one of the pregnant silences that are just too devoid of sound. Sitting at the stoplight near midnight waiting for the light to change,… read more

Term Paper 2 pages (968 words) Sources: 1+ Topic: Transportation / Mass Transit


Court-Ordered Treatments Discussion of DWI Term Paper

Paper Icon

Court-Ordered Treatments

Discussion of DWI Types of Offenders

Selection Criteria

Statistical significance

Timing, Implementation

Questionnaire Key Points

This paper will outline a research proposal designed to study various approaches to… read more

Term Paper 8 pages (2187 words) Sources: 5 Style: APA Topic: Law / Legal / Jurisprudence


Do Attitudes Differs Between Race Age and Gender as it Relates to Drunk Driving? Methodology Chapter

Paper Icon

Attitudes Towards Drunk Driving

Do attitudes differ towards drunk driving as a function of race age or gender?

In order to examine the comparative differences in attitudes towards drunk driving… read more

Methodology Chapter 2 pages (697 words) Sources: 0 Topic: Sexuality / Gender


Build Future for DWI Fatality Victim Essay

Paper Icon

DWI Fatality Victim

Angela Runningen live a full and happy life. After orientation at college in Eau Claire, she tried out for the cheerleading squad, and spent her student travelling… read more

Essay 2 pages (535 words) Sources: 1 Topic: Education / Teaching / Learning


Legal Encounters Involving a Fictional Company Newcorp Research Proposal

Paper Icon

Legal Employment Scenario

Employment Law Scenarios:

Legal Encounter

The scenario described in the first Legal Encounter suggests an inconsistency on the part of Newcorp. To the defense of Newcorp, its… read more

Research Proposal 4 pages (1318 words) Sources: 2 Style: APA Topic: Law / Legal / Jurisprudence


Wed, Jul 3, 2024

If you don't see the paper you need, we will write it for you!

Established in 1995
900,000 Orders Finished
100% Guaranteed Work
300 Words Per Page
Simple Ordering
100% Private & Secure

We can write a new, 100% unique paper!

Search Papers

Navigation

Do NOT follow this link or you will be banned from the site!