Class _1 legal system and ethics

Class _1 legal system and ethics - Government - Defined...

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Unformatted text preview: Government - Defined Legislation Statutes Regulations Constitution Court System Court trial and appeals process Electoral process Executive Branch Judicial Goals Protect property rights intellectual, physical, stock ownership Dispute resolution Trial or District Court Appeals Court or Circuit Court Workers' rights Environmental protection Supreme Court Alternate Dispute Resolution Mediation Evaluative facilitative Arbitration Binding Non-binding GOVERNMENT REGULATION TERMS Agencies Rulemaking Code of Federal Regulations Proposed Final California Code of Regulations Promulgation How Regulations are Made A bill is a proposed piece of legislation A bill is passed by both houses of Congress and signed by the president Regulatory agency creates the specific regulations (rules) needed to implement the provisions of the bill. Regulatory Goals Consumer protection SEC fraud, investments Accounting fraud Whistleblower laws U.S. Constitution First Amendment Bill of Rights first ten Amendments, apply to corporations also 1-religion, speech, press and assemble Symbolic speech Commercial speech exceptions Exceptions defamation, pornography Establishment Clause Religious accommodation Bill of Rights - continued 2nd Amendment-keep and bear arms 4th Amendment Probable cause Searches and seizure 5th Amendment -self-incrimination Bill of Rights - Continued 6th - speedy and public trial, impartial jury, crossexamine witnesses 7th - right to jury trial 8th - excessive bail, cruel and unusual punishment 10th - if neither delegated to federal nor denied to states, then states can make own laws CONSTUTUTIONAL POWER National security Article I Sec.8 taxing power and expenditures on general welfare Commerce Clause Supremacy Clause COMMON LAW Court decisions Varies by state Legal precedent Interpretation of laws and regulations Business Ethics Ehtics=morality, fairness, justness Not the same thing as unlawful Affects all STAKEHOLDERS business entity, directors, officers, employees, shareholders, suppliers, employees, community, society ETHICAL DILEMMAS Conflicts of interest Greed and self-interest Self-dealing Deception accounting practices, harmful products or side effects advertising Ethical Leadership Attitudes set tone and example, realistic goals, quotas and work load Looking the other way vs. process to investigate Include in performance review Training Codes of conduct and implementation Global Ethics Conflict between US value/belief and foreign value belief women's rights, mode of dress, alcohol, child labor, bribery (Foreign Corrupt Practices Act of 1977), side payments Corporate watch groups internal, external Refusal to do business CASE ANALYSIS - IRAC I. ISSUES A. Summarize relevant facts of case (including the parties) B. Explain the main question and business action in dispute II. RULES A. Identify relevant laws and regulations B. Identify relevant government agency (or agencies) C. Are their ethical issues involved as well as legal violations? III. ANALYSIS A. Who are the relevant stakeholders? B. How has the business action harmed certain stakeholders? C. How has the business action benefited certain stakeholders? IV. CONCLUSION What is the resolution or outcome? Agree? Most evidence? United Church of Christ v. Gateway 383 F.3d 449 (6th Cir., 2004) Cleveland Indians and Cavaliers - home games at the Gateway Sports Complex UCC - First Amendment right to speak in such a location United Church of Christ demonstrate on the sidewalks of the Complex in protest of the name of the baseball team (Indians). The Complex - privately owned sidewalks, prohibits soliciting, advertising or protesting on the property. Gateway private forum district court rejected UCC claim UCC appealed decision First Amendment The sidewalks around the stadiums are traditional public forum as they blend into the urban grid and roads. They look like any public sidewalk and are a public thoroughfare. The common areas inside the stadium area are not public Whether a sidewalk is a public forum hinges on a case-by-case inquiry. ...
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This note was uploaded on 04/17/2008 for the course ACCT 2701 taught by Professor L.phillips during the Winter '08 term at CSU East Bay.

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