Constitutional and Legal Underpinnings of Business Law
DQ1 Constitutional and Legal Underpinnings of Business Law
Review the Constitution in Appendix A and choose one of the following sections of the U.S. Constitution or a specified amendment to use as the basis for your initial response:
Any of Congress’s enumerated powers under Article I, Section 8
1st Amendment
4th Amendment
5th Amendment
14th Amendment
Identify the section of the Constitution or its amendment that you have chosen. Discuss how this section of the Constitution or its amendments both limit and protect business in general. Describe an example of how the section of the Constitution or its amendment that you have chosen could be applied to your professional life (past, present, or future). In your example, discuss whether the section of the Constitution you have chosen to address limits business or protects it.
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Review the initial posts made by your peers, and note whether the responses relied upon a different section of the Constitution or amendment than your response.
If your peer chose to focus on a different section of the Constitution or amendment than you did, discuss how that section of the Constitution relates to any example of a business situation from your professional life (past, present, or future).
If your peer chose to focus on the same section of the Constitution or amendment that you did, then compare and contrast the different applications of that section of the amendment to your respective examples from your own professional lives.
Suggest analytical differences that could lead to different outcomes. Point out ways in which the Constitution or its amendments might limit or protect business that your peer did not already identify.
DQ2 Limited Liability Companies
When to form an LLC (Limited Liability Company) (Links to an external site.) discusses why the LLC is one of the most popular types of business entity. After reading the article and Chapter 30 of the textbook, compare an LLC with a C corporation and with an S corporation. If you were operating your own business, would you choose the LLC as the organizational form for your business? Explain your reasoning.
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Address students who made the same choice that you did regarding whether to choose the LLC as the organizational form for their business. Using the information from the course textbook and the article, play the role of devil’s advocate and argue why some other type of entity (C corporation, S corporation, or LLC) would be a better choice.
BUS670 Legal Environment
Week 2 Discussion
DQ1 Crimes That Harm Business Versus Crimes Committed by Business
Which do you believe presents the greatest threat to civil society: a corporation that commits crimes (e.g., murder, environmental crimes, or bribery), or persons who commit crimes that harm businesses (e.g., embezzlement, fraud, or larceny)? Defend your response, using at least one example from current events.
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Review the posts made by your peers. In response to your peers, first identify a non-traditional or creative way in which a corporation might be punished for committing a crime. Then discuss the consequences of implementing that punishment to the example used by your peer.
DQ2 Product Liability
After viewing the Chinese Imports & Food Safety (Links to an external site.) video, consider whether U.S. retailers that utilize products or raw ingredients that are imported from China and are poorly regulated should be liable in tort for injuries to consumers who are harmed by those products. Answer parts a and b of the prompt.
For this part of the prompt, answer one of the following points:
If U.S. companies should not be liable, then they could be legally exempt from tort liability. Discuss the consequences of such a policy to U.S. consumers.
If the U.S. companies should be liable, then those companies would not be legally exempt from tort liability. Discuss the consequences of such a policy to U.S. businesses.
Regardless of your response to part a, assume that U.S. retailers do have legal liability for defective products. What steps could U.S. retailers and manufacturers take when using products imported from China that would minimize their liability exposure? For example, they could warn consumers about the potential, though speculative, dangers when using products comprised of poorly regulated ingredients or components. Given your strategy, what challenges would exist for U.S. businesses that implemented your strategy?
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Discuss the challenges that would exist if your employer (or a fictitious employer) were to adopt your classmate’s strategy.
BUS670 Legal Environment
Week 3 Discussion
DQ1 Regulation and the Greater Good
After viewing The Crisis of Credit Visualized (Links to an external site.) video, respond to each of the following:
How could government regulations have prevented or mitigated the credit crisis of 2008?
Discuss whether too much governmental regulation of business or too little governmental regulation of business presents the greater danger to:
the greater good
business
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Agree or disagree with other students’ positions. Defend your position by using information from the week’s readings.
DQ2 Administrative Law and Business
Some argue that government needs to increase its regulation of business for the good of society as a whole. Others believe that the marketplace is self-regulating and that government intervention through needless regulation places an unfair, costly burden on businesses in general and on small businesses in particular. What role do you believe government regulation should play to ensure ethical conduct by businesses? How do different political viewpoints potentially shape the answer to this question?
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Agree or disagree with your classmate’s position. Defend your position by using information from the week’s readings or examples from current events.
BUS670 Legal Environment
Week 4 Discussion
DQ1 Securities Law
Private University, a private nonprofit educational institution located in California, decides to issue “Shares in Learning” certificates in a one-time offering to the public. These shares will be sold for $500 each and entitle the bearer to redeem each certificate for two undergraduate or one graduate college credit in any of its schools at any time in the future. The shares may also be resold without restriction by the initial purchaser. The offering will be made via the Internet.
Will the offering need to be registered with the Securities and Exchange Commission (SEC) under the Securities Act of 1933? Explain. Does your answer differ if “Shares in Learning” are issued by Private College, a proprietary for-profit institution that does business in all 50 states? Why?
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Agree or disagree with your classmate’s post. Posit facts that might change the outcome of the analysis.
DQ2 Antitrust Law
Review the “AT&T Pulls $39 Billion T-Mobile Bid on Regulatory Opposition (Links to an external site.)” article.
In 2011, AT&T attempted a merger with T-Mobile. The Justice Department sued under the act, claiming that the merger would constitute a violation of the antitrust laws. In 2012, AT&T dropped its attempt at the acquisition.
If AT&T had merged with T-Mobile, would the merger have violated antitrust laws? Why, or why not? Do not be unduly influenced by the Justice Department’s stance on the issue. Use your own analysis to reach a conclusion.
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive:
Agree or disagree with your classmate’s position. Defend your position by using information from the week’s readings or examples from current events.
BUS670 Legal Environment
Week 5 Discussion
DQ1 Employer Liability for Negligent Hiring
Read Malorney v. B&L Motor Freight, Inc. in Section 21.2 of your textbook. Discuss what duty or duties a business has with regard to checking the background of potential employees before hiring. Do you agree that businesses should be liable for injuries resulting from negligent hiring? Why, or why not?
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner.
Agree or disagree with your classmate’s position. Defend your position by using information from the week’s readings or examples from current events.
DQ2 Discrimination
Not all discrimination is prohibited by law. For example, employers routinely discriminate between potential employees based upon education or experience. Other types of discrimination are more subtle, but still legal. For example, some employers discriminate between potential employees based upon personal characteristics such as weight or attractiveness. Should employers be permitted to discriminate based upon attractiveness? Take a side and argue that an employer should or should not be permitted by law to discriminate against persons who are not attractive.
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner.
Agree or disagree with your classmate’s position. Defend your position by using information from the week’s readings or examples from current events.
BUS670 Legal Environment
Week 6 Discussion
DQ1 Claims to Environmental Friendliness
After reading 7 Sins of Greenwashing (And 5 Ways to Keep It Out of Your Life), (Links to an external site.) discuss the tension between business’s interests in maximizing profits and the public’s interest in receiving complete, truthful, and non-misleading information about products that they purchase. From a business perspective, what are the dangers of greenwashing? If you were a marketing executive, would you have a policy against greenwashing? Why or why not?
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner.
Agree or disagree with your classmate’s position concerning having a policy against greenwashing. Defend your position by using information from the week’s readings or the readings related to governmental regulation.
DQ2 Environmental Statutes
Visit the Small Business Administration’s “Environmental Regulations (Links to an external site.)” page and visit the Weeked States Environmental Protection Agency’s “Laws & Regulations (Links to an external site.)” page.
Identify one environmental law that is relevant to your past, current, or future employer. Apply that law to a business situation created by that employer. How does (or did) that employer maintain compliance with that statute? Do you believe that environmental regulations help or hinder business? Why, or why not?
Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner.
Agree or disagree with your classmate’s position concerning whether environmental regulations help or hinder business. Use current events or your assigned readings to support your position.
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