MGMT 520 All 7 Weeks Discussions

Week 1 – The World Bank Situation
Class, what did you find and what other factors do you believe have contributed to the stronger presence of diversity in the business world today?

Class, what are your thoughts on having HR tackle issues of cultural sensitivity vs. volunteer employees within a company?

Many of you have some strong opinions about diversity in an employment setting. What are some reasons why diversity is important in a company?

Class, you’ve done a great job this week moving through this tough information. The legal questions are usually the easiest to answer! It’s those ethics questions which are tough! I found your discussions interesting, & thought-provoking. I’m excited about your hard work and hope you are too!

Week 1 – Ethics and Patent Rights Post 9/11
Class, great start on this topic! Can you find some examples where businesses, big or small, should have or did give up an economic advantage? What are they?

Class, let’s apply some of the above examples to the Models of Business Ethics found in your e-book on pp. 47-49. I just want to point out that in dealing with corporate responsibility, it’s important to understand the differences between the Business Ethic Models and the Social Responsibility of Corporations beginning from your text. Can you explain some of these differences?

These are great issues concerning Bayer! Class, what if Bayer had refused to make the drug period? Should the government have the right to step in and override Bayer’s decision?

Week 2 – Chapter 5-Problems 7 & 8
This is an interesting problem concerning interstate commerce. Do you believe the statute can survive the constitutional challenge?

Class, let’s elaborate on rational basis — what does a rational basis require? How easy is this standard to meet? What would be necessary for the industry to show that the statute does not constitute a rational basis?

These are great points about rational basis!!! Class, can you find any recent Supreme Court cases that have been decided on rational basis?

Week 2 – Too Many Circus Regulations
Class, this week we’ll be discussing the importance or over exertion of regulations. What are your initial thoughts on regulations upon the circus?

Class, should the regulatory agencies give special attention to entities such as the circus because they are in town for such a limited time?

Class, you’ve had some very good points about regulations and even the fire marshalls. What would be some ways that a circus could prepare for the various codes and permits that would be required in each locale? Any ideas?

Great research here! Class, what requirements do we need to fulfill to be able to perform in these cities and the other cities we’ll be visiting: Atlanta Georgia; Springfield IL; Bangor Maine; and London England?

What about any child predator laws in these towns? What regulations can you find regarding background checks that we will need to make on our workers in which towns before we can roll into town?

Class, while looking at all of the different regulations, I’m sure you’ve noticed that different agencies at different levels can regulate the same thing. For example, in education, the US Congress passes the laws that allows the executive branch the ability to regulate how the education money is spent. The US Department of Education regulates how that money will be used and how the different states will operate based upon the laws Congress passed. Then it’s passed onto the states, each state’s department that deals with education will then pass regulations to determine how each county or school district will use those funds. Can you see where this is going? How many more layers can be found in determining regulations? How many other agencies can pass regulations based on the same laws and the same money?

Week 3 – Breach of Warranty

Class, let’s start this week’s discussion with your knowledge of a breach of warranty. Before you look into this issue and just off the top of your head, what do you think this may entail?

Great lines of discussion about the requirements of a breach! Class, what is your take on contributory negligence? What is it and how does it work?

Playing the other side here, Class, what if Lake’s death (or any other person’s for that matter) was foreseeable? What if the manufacturer knew or should have known that a person would rely on the air conditioner to work effectively and wouldn’t notice that the heat was too much?

Class, what evidence could be beneficial in getting a judgment against the manufacturer in a products liability case? What about defenses, such as the points brought up about Lake’s possible failure to call the merchant and complain?

As a last thought about foreseeability, imagine the day when someone sues “Trim” because the nail clipper they used on their big toe nail would not cut through their fossilized nail. The nail grows 4 inches long, they trip over the nail when reaching for the air conditioner controls, fall down breaking their hip and then dies of heat exhaustion, shock and maybe a broken toe nail. Was their death foreseeable to “Trim”, the manufacturers of the nail clipper? Thinking of the Palsgraf case, how would you envision the court outcome of this one?

Week 3 – Environmental Liability and Due Process
We’re discussing environmental liability and getting into the constitutional right of due process. Let’s begin here with a discussion about due process and what it requirements should be met for due process………

Class, would it make a difference to the Reardons’ cause if this proposed rule were finalized and made retroactive versus only applying to purchases made after the rule finalization?

Great points about disclosures here! Class would there have to be seller disclosures on this sale? If so, why did this never come to light?

Class, the concept of ‘buyer beware” or caveat emptor is definitely a strong legal principle. In this situation, how could the Reardon’s have avoided this legal principle?

Week 4 – Killer Performance

Let’s begin this week’s discussion with number 1 above. Any thoughts about chargeback fee clauses? Anyone know what they are off the top of your heads?

Good definitions and explanations! Class can you explain the difference between cashback and chargeback? Which one is better businesswise?

Great discussion about fees….Class, what about emergency situations? Are there certain times businesses are willing to work with consumers? Do you believe companies are willing to waive these fees under certain circumstances?

Great “off-the-top” explanations. Class, sometimes these fees can be very costly. Is it possible for a company, practically and legally speaking, to charge outrageous late fees?

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