During our discussions and your readings in this Course, you have reviewed several legal and ethical issues that affect business practices and business decisions. The business environment, for even the sole proprietor and small company, can be complex. For this Forum, reflect on our readings, discussions and the issues we have covered. Consider your own life experience and the kind of business you would operate.
What do you find to be one of the most important ethical issues today for a business owner or leader in management (if not an actual owner)?
What should be the business owner or leader’s approach to this issue?
In responding to each other, do not hesitate to ask questions and (respectfully) challenge each other’s thinking.
USE some of the references listed in the attached document called “references” as well as other references. 275 word minimum. APA
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Hasl-Kelchner, H. (2006). The business guide to legal literacy: What every manager should know about the law. [Books24x7 version]. Appendix C – The Lessons of Sarbanes-Oxley. Available at
Lange, D., & Washburn, N. T. (2012). Understanding attributions of corporate social irresponsibility. Academy Of Management Review, 37(2), 300-326. doi:10.5465/amr.2010.0522. Available in University library. (Search by authors or title.)
What is corporate social responsibility? (2019). University of Edinburgh, webpage. Available at
(NOTE: In addition to definitional explanation of CSR, consider this reading in context of modern trend of CSR in business globally.)
Micewski, E. R., & Troy, C. (2007). Business ethics – deontologically revisited. Journal of Business Ethics, 72(1), 17-25. doi:10.1007/s10551-006-9152-z. Available in University library. (Search by authors, title, or doi)
Schaefer, B. P. (2008). Shareholders and social responsibility. Journal of Business Ethics, 81(2), 297-312. doi:10.1007/s10551-007-9495-0. Available in University library. (Search by authors, title or doi)
Spence, D. (2011). Corporate social responsibility in the oil and gas industry: The importance of reputational risk. Chicago-Kent Law Review, 86, 59-85. Retrieved from:
Verschoor, C. C. (2010). BP still hasn’t learned ethical lessons. Strategic Finance, 92(2), 13-15. Available in University Library. (Search by author or title.)
Chapter One in: Halbert, T., & Ingulli, E. (2008).
Law & ethics in the business environment
.
(6th ed ed.). Mason, OH: South-Western Pub.
[Read the following 3 blogs of David Gebler together, each 1 page. They are in sequence]:
Gebler, D. (2010, April 14). Banana logic. Blog: Business Ethics, Culture and Performance. Retrieved from
Gebler, D. (2010, April 28). Goldman Sachs – Trust, corporate culture and societal expectations. Blog: Business Ethics, Culture and Performance Retrieved from
Danzig, J. (2012, August 6). Jon Danzig asks about business ethics. YouTube. [Video File.] Available at http://www.youtube.com/watch?v=pmA9VCS32Cs (3:55 min)
Kaye, L. (2015, February 19). Five years after Deepwater Horizon, can BP repair its reputation? Marketing and Comms. Sustainable Brands. Retrieved from
A patent denotes a form of intellectual property that excludes others from making use or benefiting from it. However, this limitation is usually for a number of years, and usually exchanged for publishing an enabling public disclosure of invention (Eisenberg, 2008). For a patent to be recognized, it has to be statutory, which means it must be eligible. The invention is required to be new for it to be patentable. This means that any new idea, process, or device should not be disclosed to the public prior to being patentable. Besides, the invention should be useful, and should be used to accomplish a specific purpose. Besides, it should satisfy the requirement of not being obvious, which means that it should be totally new and not an improvement over a previous invention.
Companies should not be given the right to patent life forms or any other form of genetic materials because they are naturally occurring. However, the methods and ways used to isolate these genes are patentable because they can only be devised through human intelligence, unlike the genes that occur naturally. It does not matter whether the life form is sentient or non-sentient because both have life and are naturally occurring. Therefore, they cannot be attributed to be a property to any individual (Chernoff, 2008).
There is no one, including the government, has the right to end life. There is no specific law that defines life as a property or where life is beyond a person’s or business appropriation (Huber, 2018). However, a being that has life can be treated as a property to a person, but they do not have a right to own the life of the particular being. That is a person can only own the being and not the life in it.
Chernoff, Vilhauer, McClung & Stenzel, LLP. (2008). Patent law you can use, part II. Findlaw. Retrieved from http://corporate.findlaw.com/litigation-disputes/patent-law-you-can-use-part-2.html
Eisenberg. (2008). Patent law you can use, part I. Findlaw. Retrieved from http://corporate.findlaw.com/intellectual-property/patent-law-you-can-use-part-1.html
Huber, P. (2018, Autumn). Who owns the code of life? City Journal. [Web version.] Retrieved from https://www.city-journal.org/html/who-owns-code-life-13601.html
Running head: CASE BRIEF 1
CASE BRIEF 2
Hello All,
Why was Citizens United’s video publication an issue?
The case was an issue in the sense that Section 441b prohibited corporate independent lection expenses. Besides, there was the issue of BCRA disclaimer, disclosure, and reporting was to be determined whether they were constitutional. According to the District Court Sections 201 and 203 were constitutional when applied to the Movie and recognized that the disclosure of donors might have been unconstitutional if it sabotaged freedom to associate with a particular course. The case sort to clarify whether section 203 violated the First Amendment when applied to the Movie, and whether the application of section 201 and 203 were constitutional when applied to the movie (Citizens United v. Federal Election Commission, 2010).
Decision of the Supreme Court
The outrage regarding Citizen’s United had not much to do with the nature of Hillary, corporations, the Movie or even the judicial activism. The case presents an important dispute that regards the meaning of the First Amendment and clarifying that its role not restricted to campaigns elections. However, the First Amendment in the case represented the individual rights. In the case, the court upheld that the movie had performed an equivalent function of expressing advocacy since it informed the voters that Hillary Clinton as not fit for office; therefore, section was applied according to the constitution (Cornell Law School, 1992).
Do you agree that a business entity other than a sole proprietorship have the same First Amendment rights as individual humans? Why or why not?
Yes. The First Amendment grants business entity similar rights to those of citizens. For instance, the citizens are given the same rights as human individuals (Severson, 2012). They are given a right for religious establishment. They are also given the right of freedom of speech. Besides, they are given the right to assemble peacefully. The same rights that are disposed to the humans are also disposed to the corporation. Besides, the corporations also have been given the right to petition the government to address their grievances.
Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) (Supreme Court of the United States January 21, 2010).
Cornell Law School. (1992). First Amendment. Retrieved from Cornell Law School: https://www.law.cornell.edu/constitution/first_amendment
Severson, K. (2012, July 25). Chick-fil-A thrust back into the spotlight on gay rights. Retrieved from New Times: https://www.nytimes.com/2012/07/26/us/gay-rights-uproar-over-chick-fil-a-widens.html
Running head: WORKPLACE HARASSMENT 1
WORKPLACE HARASSMENT 2
Hello All,
There are many reasons that contribute to workplace harassment. Many a times employees are exposed to various instances although they are not aware of the nature of the sexual harassment. Sexual harassment in the workplace is contributed by two main factors; hostile environment and quid pro quo scenarios. It comes in the form of unwelcome events such as touching, due to protected, and severe or pervasive or events that violates the provisions of workplace relations. Companies must have policies that protect their employees in case they experience such scenarios (You Tube , 2017). However, in the event that the company has failed to recognize a workplace harassment event, one has to hire an attorney to represent in a court of law. Besides, they should seek guidance of the company human resource department before they can present their case in a court of law.
This video is quite helpful because it gives employees as well as human resource managers an insight to what constitutes a sexual harassment, and also gives directions on what the affected parties should do (United States Equal Opportunity Employment Commission). It is an important to guide and train new employees on the procedures they want to follow during workplace training, and also giving a clear definition of what constitutes a sexual harassment, whether a hostile environment, or quid pro quo.
The supervisory acts that constitute sexual harassment should be held as a consequence of the actions of the individual person while they are serving the business. The provides a definition of a sexual harassment, factors that constitute a sexual harassment, as well as the possible approaches that are at the disposal of the affected parties to solve the underlying problem. The video is, thus, in line with the provisions of the Faragher v. Boca Raton, 524 U.S. 775 (1998), Supreme Court Case (US Supreme Court Center, 1998).
United States Equal Opportunity Employment Commission. (n.d.). Overview. Retrieved from United States Equal Opportunity Employment Commission: http://www1.eeoc.gov/eeoc/index.cfm
US Supreme Court Center. (1998, June 26). Faragher v. Boca Raton, 524 U.S. 775 (1998). Retrieved from https://supreme.justia.com/cases/federal/us/524/775/
You Tube. (2017, December 07). Knowing Your Rights: Workplace Sexual Harassment. Retrieved from You Tube: https://www.youtube.com/watch?v=N_7VTt87mTk
Running head: ETHICAL BUSINESS ENVIRONMENT 1
ETHICAL BUSINESS ENVIRONMENT 3
Hello All,
The drilling of the offshore oil had been deemed appropriate; there occurred an explosion on the deep-water Horizon oil Rig under the ownership of and operation of BP. This caused spills due to the pasteurized natural substances that were escaping from the oil well. There were preventive mechanisms that were put in place to ensure the natural substances escaping from the oil wells do not cause destruction on the surface. However, during this case the laid down mechanisms to prevent chaos failed causing oozing out of the natural gas, water, mud, and other materials through the pipes, spreading and causing ignition (Kaye, 2015).
The business has the social responsibility of increasing profits in line with the provisions of Milton Friedman’s philosophy (Friedman, 1970). From the case involving BP oil spill and the connection with the philosophy put across by Milton Friedman, BP was in an effort to maximize its production of its offshore oil which would consequently increase its profits. The maximized levels of oil production would generate more profits that would increase the objectives of the shareholder to maximize their wealth. This was the most probable reason as to why the company exceeds its oil rig so that it could maximize its oil production, without taking into account the preventive measures to enhance safety at the site.
Friedman’s theory of Shareholders would have influenced decision making by BP, and consequently reduce the chances of a disaster to a great extent. According to the shareholders theory, businesses are supposed to be conducted in manner that it will meet the goals of the shareholders of maximizing their wealth. Besides, the theory continues to support that businesses should also conform to the basic laws of the society both in the law and those based on the ethical considerations of the society. Acting in an ethical way would have enhanced safety of the people, technology, and the marine life.
Friedman, M. (1970, September 13). The social responsibility of business is to increase its profits. New York Times Magazine. Retrieved from
http://umich.edu/~thecore/doc/Friedman
Kaye, L. (2015, February 19). Five years after Deep-water Horizon, can BP repair its reputation? Marketing and Comms. Sustainable Brands. Retrieved from https://www.sustainablebrands.com/news_and_views/marketing_comms/leon_kaye/five_years_after_deepwater_horizon_can_bp_repair_its_reputa
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