Leg 500 law, ethics and corporate governance
Week 1 Discussion 1: Duty to Rescue and Ethics
Please respond to the following: Analyze the key arguments for and against the imposition of a legal duty to rescue. Next, select a company with which you are familiar, and determine under what circumstances and to what extent a duty to rescue should be imposed within this company, from both ethical and legal perspectives. From the e-Activity, determine the ethical theory or theories (from Chapter 1 of the textbook) that best support(s) the B-corp concept. Support your response.
Week 1 Discussion 2: Corporate Governance and Social Responsibility
Please respond to the following: Evaluate the likelihood of traditional corporations using social responsibility as an effective competitive strategy. Specify at least one way that a company with which you are familiar can use (or has used) social responsibility as a competitive strategy in the marketing of its products / services, supply chain, charitable activities, strategic investments, or operations. Imagine a company’s profits decrease and the rank-and-file workers’ salaries are frozen. Take a position on whether or not the CEO has an ethical obligation to forego compensation. Support your response. Note: In formulating your response, consider the CEO’s stature as a leader.
Employment-at-Will and Whistleblowers
Please respond to the following: Analyze the duty of loyalty in whistleblower cases to determine to whom loyalty is owed and who shows the greater duty of loyalty. Support your analysis with specific examples. Then, suggest at least one change to an existing law. From the e-Activity, compare and contrast the key difference between Europe’s view of employment as a property right and America’s employment-at-will approach. Next, determine whether and how the United States might adopt laws that reflect work as a fundamental right. Support your response.
Week 2 Discussion 2: Freedom of Speech
Please respond to the following: Compare and contrast the key differences in freedom of speech protection for public and private employees. Describe a scenario in which a private employer could curtail speech, but a government employer could not. Reexamine the Citizens United decision in Chapter 1, and determine which of the following groups has the greatest free speech rights: corporations, public employees, or private employees. Provide a rationale for your determination
Week 3 Discussion 1: Employee Surveillance
Please respond to the following: Employers often want to find out if their workers are productive and loyal. Determine at least one limit that you would place upon a private employer’s rights to monitor the productivity and communications of employees at work. Support your response. Speculate whether employers should have more or fewer rights to monitor employee use of company equipment, such as laptops, tablets, and cell phones issued for out-of-office, potentially after-hours work. Suggest at least three methods for an employer to monitor its employees’ use of company equipments. Provide a rationale for your response.
Week 3 Discussion 2: Privacy
Please respond to the following: From the first e-Activity, determine to what extent companies should be able to use employee data and dictate participation in wellness programs to control health insurance premiums. Select one specific policy from one of the companies that you researched which allows for the use of employee information in this manner, and argue for or against the policy from both company and employee perspectives. From the second e-Activity, analyze the key differences between Europe’s approach to privacy protection and that taken in the United States. Next, make at least one recommendation for the United States to consider regarding privacy protection.
Week 4 Discussion 1: The Civil Rights Act of 1964
Please respond to the following: Determine which class protected by Title VII of the Civil Rights Act of 1964 had the greatest impact on the workforce of the 20th century. Next, determine which class might have the greatest impact on the workforce of the 21st century. Support your positions. Assess the “sufficiently severe” standard that courts use in sexual harassment cases to determine whether a work environment is a hostile place for plaintiffs. Recommend at least two changes you think would improve the law as it relates to sexual harassment.
Week 4 Discussion 2: Work / Life Balance
Please respond to the following: From the e-Activity, select the top three European work / life balance practices that U.S. employees would prefer. Provide a rationale for your selection. From the e-Activity, select the single most significant European work / life balance practice that U.S. companies could most easily implement. Provide a specific scenario or example to support your response.
Week 5 Discussion 1: Health and Safety in the Workplace
Please respond to the following: Determine whether undocumented workers should be eligible for workers’ compensation in the United States. Be specific. Support your response. From the first e-Activity, analyze at least three ways in which how the Supreme Court balanced the interests of employers and employees, OSHA and the ADA, and determine whether or not you agree with the Supreme Court’s decision. Justify your response. Week 5
Discussion 2: Safety Concerns in the Global Economy
Please respond to the following: From the second e-Activity, determine at least three ways in which United States’ businesses can address the adverse effects of sweatshop labor practices. Provide one specific example of each way that you have just determined to support your response. Considering the effect of worker rights on global and developing economies, take a position on whether or not the United States government should regulate the global workforce of the United States corporations. Justify your response.
Week 6 Discussion 1: Environmental Responsibility
Please respond to the following: From the first e-Activity, determine two other costs that BP might have incurred. Give your opinion as to whether or not BP would have been better off had the company taken the necessary precautions to prevent or minimize an oil spill. Support your answers. Determine who is best prepared to take responsibility for addressing climate change issues – individuals, scientists, environmentalists, shareholders, corporations, governments, or some other entities. Explain your rationale.
Week 6 Discussion 2: Habitat and Property Rights
Please respond to the following: From the second e-Activity, determine whether the end result best supports the majority opinion or the minority opinion in Lucas. Then, recommend at least one way that Lucas could have been resolved in a more effective and efficient manner. Support your answer. Give your opinion on whether governments should be able to rezone and condemn residential land and displace homeowners in the process, in order to facilitate commercial development. Explain your rationale.
Week 7 Discussion 1: Marketing and Advertising
Please respond to the following: From the first e-Activity, compare and contrast the opinions in the Sorrell and Ayotte cases in terms of which court achieved the better result. Explain your rationale. Evaluate how effective the Federal Trade Commission (FTC) has been in protecting consumer privacy and targeting deceptive and unfair trade practices on the Internet. Support your opinion with specifics.
Week 7 Discussion 2: Marketing to Children
Please respond to the following: From the second e-Activity, discuss your reaction to the public service announcement (PSA) in relation to the marketing of junk food to children, with a focus on why this PSA is appropriate or inappropriate. Explain your rationale. Determine whether constraints should be placed on companies that partner with schools by providing resources via contests, scholarships, materials, educational programs, and so on. Support your response.
Week 8 Discussion 1: Product Safety Regulation
Please respond to the following: From the first e-Activity, analyze the current state of the government regulation of product safety to determine whether the referenced agencies are generally proactive or reactive. Provide one specific example of each agency to support your response. Compare and contrast the regulatory alternatives discussed in Chapter 8 of the text in terms of the efficiency and efficacy these alternatives might provide to businesses and consumers. Next, determine which solution is the most viable, considering the likelihood of support from business and government interests. Explain your rationale.
Week 8 Discussion 2: Tort Law
Please respond to the following: From the second e-Activity, analyze the key ways in which the Third Restatement of Torts treats defective design, and assess how the change from the Second Restatement will affect product liability cases in jurisdictions that adopt the third version. Then, give your opinion about whether the second or third approach is better. Provide specific examples to support your response. Evaluate whether you believe placing limits on punitive damages is appropriate. Explain your rationale.
Week 9 Discussion 1: Copyright Issues
Please respond to the following: From the first e-Activity, determine whether or not the Copyright Alert System will be effective. Explain your rationale. Determine whether or not existing “fair use” exceptions strike an appropriate balance between creators and users of the material. Provide two specific examples to support your response.
Week 9 Discussion 2: Global Intellectual Property Rights
Please respond to the following: From the second e-Activity, argue for or against the basic arguments behind the global intellectual property right cases that you found. Next, determine whether the courts made the correct decisions. Support your response. Determine the key legal and ethical issues surrounding the ability of pharmaceutical companies to patent and exploit plant-derived substances, and suggest at least one way in which a company might provide compensation besides direct / individual payments.
Week 10 Discussion 1: Underlying Causes
Please respond to the following: Analyze at least three underlying causes for the creation of the Sarbanes-Oxley Act. Next, rank the causes that you have analyzed from the most important to the least important to the creation of the Act. Explain your rationale. Determine three most important provisions of the Sarbanes-Oxley Act. Provide a scenario or example of each to justify why each provision that you determined is important.
Week 10 Discussion 2: Short- and Long- Run Impact
Please respond to the following: Evaluate the overall effectiveness of the Sarbanes-Oxley Act to date, and determine who has benefitted most from the passage of the act. Provide two specific examples to support your response. From the e-Activity, analyze how easy or difficult it may be for officers and managers of organizations to stay in strict compliance with SEC rules and for consumers, investors, and regulators to detect errors. Then, determine at least one action that CEOs and boards can take to improve compliance.
Week 11 Discussion 1: Looking Back
Please respond to the following: Looking back on all the lessons learned in this course, discuss the one that surprised or interested you the most. Explain what made it so surprising or interesting. Create a simile or metaphor that would help someone unfamiliar with this course understand the basic message behind the course. Please be as creative as you like.
Week 11 Discussion 2: Looking Ahead
Please respond to the following: Discuss what you have learned in this course that will help you in your current or future career. Thinking about the subjects addressed in this course, predict what will be the focus of this course 10 years from now. Explain your rationale.