Management 260 Week 6 Notes
Management 260 Week 6 Notes Management 260
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This 5 page Class Notes was uploaded by Eunji Cho on Sunday February 28, 2016. The Class Notes belongs to Management 260 at University of Massachusetts taught by Michael Malkovich in Spring 2016. Since its upload, it has received 52 views. For similar materials see Introduction to Law in Business, management at University of Massachusetts.
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Date Created: 02/28/16
UMass Amherst Management 260 Professor Malkovich Week 6 Notes: Feb 22-26 By Eunji Cho February 23, 2016 Ethics Lecture by Attorney Jennifer Merton Multiple choice true/false question Short essay Apple case • Business case for acting ethically • Has ethical motives for standing up to the government Volkswagen • Not only illegal but also unethical • Sold ‘green’ cars to environmentally conscious people • Facing possibility for recall Companies that act ethically have the tendency to survive longer • Johnson & Johnson • Tylenol o Recalled products o Revamped, tampered packaging o Chose to be proactive o Used acting ethically, sustainably, socially responsibly as a marketing tactic AIG • Special products division • Credit default swaps • Culture that doesn’t support workers coming forward with a problem • Unlike Goldman Sachs, who had a more understanding culture with coming forward with problems, AIG handled (or not) it differently Fraud Triangle 1. Opportunity o Are there processes to limit one person’s opportunity? o Do we make sure decisions are reviewed by a higher boss? o Having more people than one person making decision makes sure that unethical decisions aren’t made 2. Pressure o Are there cultural atmosphere in the organization that makes people feel pressure? o Pressure within individuals/pressure on organization as a whole o Individual financial pressure can lead to fraudulent behavior 3. Rationalization o Justifying decisions that probably weren’t the best hints that there might have been unethical behavior • If these elements are present in an organization, there is possibility for fraudulent behavior and unethical decision making • Shows whether you need to do further analysis or not • Laura Nash o Front page of the newspaper test o If you don’t mind everyone to see your decision, that is ethical o If you do mind, it suggests that you might need to do more in-depth analysis, or mitigate the negative consequences o Sometimes, ethical decisions can be unpopular, and that would need the decision maker to do some explaining about the decision Two predominant ethical frameworks • Duty-Based Ethics • Outcome-Based Ethics Duty-Based Ethics (Deontology, Formalism) • In order to be ethical, you have to comply with your duties. • Traditionally came from religious texts: Ten Commandments, Golden Rule • Immanuel Kant: Categorical imperative o What would happen if everyone did it? o If it was fine if everyone did it, then it is ethical. Otherwise, it would be unethical. • Limits o ‘Murderer at the door’ scenario § Duty not to lie, duty to protect life § Stand up to the murderer in order to meet both duties § Once we start to prioritize, we are not in duty- based system anymore Outcome-Based Ethics (Consequentialism, Utilitarianism) • Cost-benefit analysis: benefits have to outweigh the cost • Greatest good for the greatest number: best possible outcome for the most people • Limits o Circle of concern § Lives, society o Just talking about numbers seem unethical – we have crossed over to duty-based system o People do risky things because utility of doing risky things outweigh the risks o Would you want to live in that society without being able to choose which group you would be in? Ethics Quiz materials • Ethics handout by Jennifer Merton • Triple bottom line approach • Can we pay her less? • Laura Nash • Milton Friedman February 25, 2016 Apple vs. American government • If the court rules in favor of government interest, this creates a precedent that can be used in similar or different context in the future. • The current climate impacts the court’s decision 5th Amendment • Right against Self-Incrimination o Idea that you don’t have to offer any information to the police o Miranda Rights: Right to remains silent, anything that you say canthnd will be used against you, right to counsel (6 ) § Only read to the ‘target’ of the information, who are not allowed to leave the investigation (applies when the person feels that he is not free to leave) • Right to Due Process o Right to the process of the trial § Notice of offense § Notice of opportunity to contest § Fair hearing (right to thquest) § Confront evidence (6 ) ú Written statement, identification of witnesses ú Will not get cross-examination of witnesses § Right to present evidence § Right to counsel (6 )th ú Right to an attorney, but the attorney can’t participate in the hearing § Right to appeal ú Can appeal agency (organization, university, etc) president’s decision to the court • No Double Jeopardy o You can’t be tried twice for the same criminal offense o You can be arrested for both state and federal crimes if you violated both (interstate drug dealing) o Can be objected to criminal offense and be sued at the same time • Eminent Domain o If the government wants to take your private property, and they can show a legitimate reason, they can take it o You get reasonable compensation for the property that has been taken o Has been misused since the government’s initiative doesn't have to be super important th 6 Amendment • Right to Counsel • Right to Confront Evidences and Witnesses • Compel witnesses to appear
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