Assignment 1 :
Reaction Paper III
1. Write a Reaction Paper III Assigned 4-5 pages (see grading criteria below).
2. Discuss one of the following topics:
Who is responsible? We have come to value the business opportunities that exist on an international basis and take pride in our companies being labeled “global”. Yet, what is considered permissible or impermissible behavior by corporate executives in the United States may not be perceived the same in another country.
Take one aspect of business behavior by corporate officers and directors in the United States and compare it to how the same behavior would be judged within another country’s legal system of your choosing. You will describe what the law is in the United States on the topic and then compare it to what the law is on the same topic in another country. You may consider writing on , but you are not restricted to: (thus, you can choose a topic as well!)
What is the law on silent partnerships in a country of your choosing and compare that to the law in the United States on silent partnerships. What ethical, business and legal ramifications are there with regards to the liability of the partners in such an arrangement? What are the advantages to a silent partnership and should they be permitted? Include a legal case in your paper on this topic.
The legal and ethical ramifications concealment of assets by an business in another country (compare the laws in the US to that of another country)
The use of corporate funds by a company to influence political regimes-what laws apply to regulate this? What is the company’s possible liability? compare the laws in the US to that of another country
The law surrounding takeovers or mergers in the United States versus similar laws in another country
The use of American bankruptcy protection or dissolving a corporation to avoid corporate liability for personal injuries sustained by employees in a work-related accident or liability to the public for injuries sustained from use of the company’s product in the U.S. Compare that to such laws (if there are some) in another country.
The use of golden parachutes and so –called excessive executive compensation in U.S. and another country-are there any legal limits? What are the non-legal ramifications of this type of compensation?
Compare the duties and personal liabilities of directors and officers of a company within the United States and the EU
Compare the law on liability of an internet provider for the content of postings (like twitter, Facebook or U Tube postings) in the United States and England, Thailand or France. What if the content shows children beating up other children? Suggestive material with what looks like children or postings that are racists, anti-gay or anti-Semitic
What are the human rights obligations of corporations under international law? Discuss a lawsuit in which an American corporation have been brought to court for alleged violations of human rights.
For example such cases include lawsuits currently against such multinationals as Shell (for its alleged role in the events that led to the execution of Ken Saro-Wiwa), Chevron (for its alleged role in supporting violent government suppression of protestors on an off-shore platform in Nigeria), Unocal and Total (for allegations of using slave and forced labor in Burma), and Texaco (for claims of destroying the Ecuadorean rain forest), among others. You may write on one of these cases or one of your choice.
Although, U.S. federal courts do not apply the doctrine of universal jurisdiction, Joel & Dolly M. E. Filártiga v Américo Norberto Peña-Irala 630 F.2d 876 (2d Cir., June 30 1980), interpreted the Alien Tort Statute, 28 U.S.C. 1350 in such a way to extend the jurisdiction of United States courts to tortuous acts committed by non –American citizens around the world. Discuss the case and its implications for business
Discuss two (2) of the following acts or legal principles and their application to companies doing business overseas. Give an example of a legal case(s) that analyze or whose decision discusses these laws/principles.
The General Agreement on Tariffs and Trade (GATT)
Foreign Corrupt Practices Act
The Act of State doctrine.
Environmental Law Assignment
1. Research and find an article or legal case that deals with the liability of corporations for environmental damage that has been written or decided in the last 5 years.
2. Then produce a Point/Counterpoint argument (that is reasons for taking one position and then reasons for taking the opposite position ).These arguments might focus on , for example, the holding by the Court in the case (why you agree or disagree with it) ; Why or why not the corporation should be held liable; Why the EPA should play the primary role in enforcing environmental regulation, or Why legislation needs to be or does not need to be enacted to prevent such pollution in the future.
3. Include in your Point /Counterpoint your view, as well as, the legal arguments for or against the position. This may also include (but you are not limited to) a discussion as to whether you feel that the EPA should or should not play the primary rule in enforcing the environmental regulation, or what other remedies would be practical and effective.
Make Sure You:
Use proper in paper and works cited references.
Use the MLA format in writing your paper
Reference the legal principles contained in Chapter 36 of your text and those that are mentioned within the article or case you choose