LAW531

Discussion Questions

 

Week 1

 

Discussion Question 1

 

In this class, our primary focus will be on law as it relates to business. Since we live in a free market country, it is important to understand the relationship between law and free markets. Watch the following short video (it has two 10 minute parts)

 

http://www.youtube.com/watch?v=dBCk1f52Wvg

 

http://www.youtube.com/watch?v=Tm_UkQYQy7c&feature=related

 

After watching the video, give one example of a teleological law and one example of a non-teleological law. (Please give examples other than the examples given in the video.)

 

Do you agree with the video? As a general rule does a free market function best with non-teleological laws? Please explain why you agree of disagree with the video.

 

Discussion Question 2

 

Select a clause in the Constitution, which you believe has an influence on business in the United States. Explain the clause you selected and explain the impact that you believe is has on business.

 

Discussion Question 3

 

Select an example of a command economy (it can be a current of past example) and an example of a free market economy. What is the difference in the role that law plays in these two different systems?

 

Week 2

 

Discussion Question 1

 

Select a product you are familiar with or interested in. Be sure the product has not already been discussed by other students. What product liability issues arise for that product? What measures can management take to prevent these product liability problems from arising? How can they minimize legal risk involving the product?

 

Discussion Question 2

 

How do government regulatory agencies and laws impact business organizations? Choose one or two specific governmental regulatory requirements and explain what impact they have on business organizations. How do these regulations differ domestically and internationally?

 

Discussion Question 3

 

Select one type of tort. Explain the elements that a court must find to impose liability based on that tort. Give an example (real or imaginary) of a factual situation which meets all of the required elements of the tort.

 

For a list of torts, look under the scale image on the right hand side of this web page.

http://en.wikipedia.org/wiki/Torts

 

Week 3

 

Discussion Questions 1

 

What are some special issues that arise in Internet transactions? What should business managers do to protect their organizations in Internet transactions? Avoid discussing an issue already mentioned by other students.

 

Discussion Questions 2

 

What special issues arise in international business transactions? Identify one such issue and discuss what managers can do to minimize exposure to legal risk and uncertainty associated with this issue. Do not discuss an international transaction already addressed by other students.

 

Discussion Question 3

 

When agreeing to a contract, a party should be well prepared and know its situation. In the book "Getting to Yes," the authors recommend that a party know its "BATNA." What is meant by "BATNA"? Give an example of a situation in which knowing your BATNA can protect you from making a bad decision.

http://en.wikipedia.org/wiki/Getting_to_YES

http://en.wikipedia.org/wiki/BATNA

 

Week 4

 

Discussion Question 1

 

In Title VII of the Civil Rights Act of 1964, Congress prohibited several types of discrimination by private employers (with 15 or more employees). Select one type of discrimination covered by Title VII and share a real world example of such discrimination with the class. Also, mention any suggestion that you might have that could have helped the company avoid the problem in the first place.

 

Discussion Question 2

 

Discrimination (the lack of tolerance for people who are different than you) is at the heart of many of the world's most significant problems. Select a story that is in the news, which has been caused by intolerance. For this DQ, select something outside the US. Explain how discrimination or the lack of tolerance has caused the problem.

 

Discussion Question 3

 

From an ethical perspective, are there ever times when discrimination is justified? Select one of the types of discrimination listed in Title VII of the Civil Rights Act of 1964 and answer this question concerning the type of discrimination which you have selected. Make sure that you carefully explain the reasoning behind you answer.

 

Week 5

 

Discussion Question 1

 

During late 2001 and early 2002 several "accounting scandals" came to light in the United States. Select one of these scandals and explain one facet of what you believe went wrong.

 

Discussion Question 2

 

Select an industry in which intellectual property plays an important role. Explain one reason why intellectual property is important to this industry.

   

Discussion Question 3

 

What actions should a manager in the selected industry take to identify and protect the organization from violating the intellectual property rights of others? Add supplementary information to your teammates’ posts as needed. Comment on the postings of your classmates by comparing the industry you selected with theirs.

 

Week 6

 

Discussion Question 1

 

Imagine that you are a friend have decided to open a restaurant. You both intend to hold a 50% ownership interest. What type of business entity would you select for this business (e.g., partnership, LLC, corporation)? Explain your choice.

 

Discussion Question 2

 

Select a legal requirement of Sarbanes-Oxley, which your believe is relevant to the financial crisis. Explain the requirement and why you think it is helpful to resolving the crisis, or alternatively why you think it causes problems related to the crisis.

 

Discussion Question 3

 

Do you believe that Congress should place a limit on executive pay for financial institutions in the United States? Explain your position.