Reference no: EM132278353
1. Whistleblower policies set forth guidelines and procedures for how companies address ethical grievances among concerned employees. This process is typically handled with complete confidentiality and sensitivity to the company and all parties involved.In your opinion, should confidentiality for the whistleblower, the alleged employee who is in violation of corporate ethics, and the company itself, be maintained? Given the potential dangers of company gossip and false claims on social media, should companies continue to promote confidentiality when ethics are in question? What might be immediate benefits of transparency when corporations or their leaders are accused of unethical behavior? What are potential pitfalls or challenges to transparency in cases of whistleblowing?
2. The Patient Protection and Affordable Care Act was one of the most controversial and contentious pieces of legislation to pass Congress in recent years. The provision that attracted the most debated was the so-called Minimum Essential Coverage (MEC) provision which mandated that individuals not insured through employment or otherwise exempt obtain minimum essential health insurance or face a penalty issued through the Internal Revenue Services (IRS). The 11th Circuit Court of Appeals, originally ruled that Congress did not have the authority to enact this provision, but this decision as later overturned by the appellate court, so the terms of the Act are applicable today.a)How does the commerce clause apply to the Patient Protection and Affordable Care Act? b)Why did the Court of Appeals rule that Congress did not have the authority to enact the MEC provision?, c)Do you think the Act is constitutional according to the commerce clause? Why? Why not?
3. Criminal and civil court cases are different. Consider the two business cases. One with a criminal case and one with a civil case. Do you believe that businesses should be charged both civilly and criminally? Or should they be charged in one way, but not the other? Explain your answer.
4. Civil suits arise from damages suffered at the hands of others. It can be an individual, or based on a company mistake. The damage can be the result of intentional or unintentional acts. Think about an event that has been in the news. Describe your chosen event and explain what type of civil suit should occur. Discuss what standard it would rely upon and how you would rule on it.
5. Many countries have adopted the United Nations Convention on Contracts for the International Sale of Goods (CISG) as their common legal code governing sales contracts. The United States, however, continues to use the Uniform Commercial Code. This means that different sets of rules apply in different sales circumstances. When the parties entering into the sales contract are both from the United States, the UCC applies. However, if one party is international, the CISG applies. Although many of the topics covered in CISG and the UCC are the same, there are some differences. For example, the CISG does not require sales contracts to be in writing, and the CISG’s provisions follow the mirror image rule. a)What factors account for differences between the CISG and the UCC? b)What are the implications of these differences between the CISG and the UCC? c)Do you think the United States should adopt the CISG? Why? Why not?