Sunday, October 19, 2014

Ethics Memo for MGT 2210

Yount, Inc.

Memo

To:    Mr./Ms. VP
From:    Account Executive Matthew Henderson
Date:    October 13, 2014

Re:    Expense Reports
Confidential   
   
It has come to my attention that some of our sales reps are padding their expense reports.  Aside from the financial implications, the ethical implications are unnerving.

I believe this is an issue which needs to be addressed.  If this is happening with my team of sales reps, I can only imagine it is happening with other teams.

Perhaps it is in our best interest to investigate the issue in an attempt to discover why this might be occurring.  Perhaps the sales reps are feeling under paid or otherwise unrecognized for their work.  If this is the case, the issue might be resolved through negotiation.  An employee who feels underpaid or underappreciated could easily (though not rightfully) rationalize this type of behavior.

However, if this is occurring due to “crowd mentality” or as an exploitation of a blind spot then I believe the sources need to be discovered and addressed.

This could undermine the ethical values which Yount has worked so hard to achieve.

Please advise.

Letter to Investor for MGT 2210

YOUNT, INC.

BROOMFIELD, CO


10/8/2014

Matthew Henderson
Yount, Inc.
Broomfield, CO

Mr. Angel

Dear Mr. Angel

We are excited to announce the extension of Yount, Inc. to an international stage!  As you may be aware, Yount, Inc. is well known in the U.S. medical industry as the leader in medical technology.  Yount, Inc. is most widely recognized for its landmark Na-No-CancerTM nano-robot which delivers a molecular payload to cancer cells, programming them to self-destruct.  With the help of your contribution, we are proud and excited to share our revolutionary medical technology vision with the rest of the world.  Our initial goal is to introduce our technology with the medical markets of Canada and Italy, and to establish a manufacturing plant in Brazil.

Yount, Inc. has determined that the Na-No-CancerTM nanobot does not violate either the Export Administration Act of 1985 or the Arms Export Control Act.  Furthermore, Yount, Inc. has already acquired an approval from the U.S. Food and Drug Administration (FDA) and has an export certificate from them.  This means that Yount, Inc. is in compliance with the Federal Food, Drug and Cosmetics (FD&C) Act.  We are confident that we have met all of our legal obligations in this venture.

Yount has identified two companies with whom it is negotiating contracts:  MedItalia in Italy and MedCanada in Canada.  We have chosen these two companies based on their exemplary reputation and their relationships with their respective governments.  We have built a strong relationship with these two companies and are in the process of negotiating contracts.

In both cases we have all agreed that the Contracts for the International Sale of Goods (CISG) is the most agreeable choice of law.  This will prevent any bias and/or prejudice on behalf of any one government or company.  This will also ensure that any changes in contract will affect all parties involved.

Yount, Inc. has firmly held that any resolutions should made in Colorado courts.  This will enable Yount to modify or adapt in a timely manner.

Because of the revolutionary nature of our product, we are determined to use English as the language of our contract.  MedCanada has agreed to these terms, however; MedItalia is still considering these terms.  We have already encountered translation hardships attempting to explain our devices and procedures in Italian.  We believe MedItalia will see these complications and agree to our English terms.

All of the involved countries have strong economies, however; we believe that, despite our current recession, the United States economy is the most reliable.  MedCanada has agreed to a contract using US Dollars.  We are in negotiation with MedItalia regarding the US Dollar or the Italian Euro.  We believe that it is in our best interest to rely on the US Dollar, however; we are willing to be flexible in negotiations of currency with MedItalia.

In both cases, Yount will require a letter of credit from MedCanada and MedItalia.  We believe this will keep all parties financially responsible, protected and accountable.  This will also keep Yount accountable for accuracy in shipping.

The nature of medical practices in Canada and Italy are very well understood by MedCanada and MedItalia, respectively.  Yount, Inc. has made a name for itself on a worldwide stage with its Na-No-CancerTM nanobot.  Our research shows that there is high demand for our product in Canada and Italy.  Because of the socialized nature of medicine, we believe that national negotiations are best left to MedItalia and MedCanada.  We have all agreed to a licensing agreement which will give all parties the flexibility and accountability to effectively accomplish our goals.

The North American Free Trade Agreement (NAFTA) enables Yount, Inc. and MedCanada to trade freely.  As a member of the European Union (EU), Italy is bound by EU treaties and laws.  This makes trade with MedItalia slightly more challenging.   We at Yount, Inc. are ready to meet this challenge.

Finally, Yount, Inc. is opening a manufacturing plant in Brazil.  We have located some land near the city of São Luis in the State of Maranhão where we would like to begin development of our plant.

Yount, Inc. is aware of the ethical implications regarding this venture and we want to ensure our investors and other stakeholders that we are approaching this move with a utilitarian philosophy.  We hope to bring the most good for the greatest number of people.  That includes our stakeholders, investors, and the good people of Brazil and São Luis.  It is our hope to bring economic stimulation to the region with new jobs and fair pay.  We are also taking environmental precautions to reduce our waste and leave little impact on the Brazilian eco-system.  We are aware of the Foreign Corrupt Practices Act (FCPA) and we can assure you that Yount, Inc. is directly involved in every aspect of this venture and we’ve placed Yount employed ethics officers along the way to ensure that we maintain the standards which make Yount, Inc. so reliable. 

Your contribution is greatly appreciated.

To Your Heath,

Matthew Henderson
Account Executive
Yount, Inc.

Written Assignment for MGT 2210

Written Assignment #1

Part I: Statutory Law
H.R. 2748 – Postal Reform Act of 2013


Rep Issa, Darrell E. [CA-49] introduced this bill in July of 2013.  His hope is to reform and modernize the United States Postal Service by:

1)    Reducing mail delivery to 5 days per week
2)    Eliminating door delivery and establish centralized curbside delivery
3)    Establishing a plan to close 30% of USPS area and district offices by Oct. 2015
4)    Creating a temporary “checks and balances” office – Service Financial Responsibility and Management Assistance Authority
5)    Moving selection of Inspector General to the President (removing from Board of Governors)
6)    Protecting the USPS from reduction-in-force procedures
7)    Ensuring employee fringe benefits, health benefits, and insurance

I agree that the USPS needs reform.  Most of these objectives sound reasonable and worthwhile.  It’s hard to say if it would or would not work, but this sounds like the most viable plan I have heard for USPS reform.  I would agree with the goals.

Part II: Constitutional Law
1)    The nine justices of the Supreme Court are:

a.    Chief Justice: John Roberts
b.    Samuel Alito
c.    Stephen Breyer
d.    Ruth Bader Ginsburg
e.    Elena Kagan
f.    Anthony Kennedy
g.    Antonin Scalia
h.    Sonia Sotomayor
i.    Clarence Thomas

The Chief Justice is the chief administrative officer for the federal courts and acts as the spokesperson for the Judicial Branch.  The Chief Justice also administers the Oath of Office of the President.

2)    Interesting Site Features:
a.    Organization and Relatedness:  I think it’s great that archives are sorted by topic, author, party, etc…
b.    Past Judge Decisions:  I like that you can see a Justice’s profile and past decisions

3)    Title: WINTER v. NATURAL RESOURCES DEFENSECOUNCIL, INC.

Citation: No. 07-1239
Supreme Court of the United States, 2008


Summary: Plaintiffs assert that MFA sonar (used by the Navy) causes serious injury to animals.  The Navy disputes this claim.  Plaintiffs sue seeking declaratory and injunctive relief on the grounds that the training exercises violated the National Environmental Policy Act of 1969 (NEPA).

The District Court entered a preliminary injunction prohibiting the Navy from using MFA sonar during its training exercises.  The Court of Appeals the District Court for a narrow remedy.  The District Court then entered another preliminary injunction, imposing six restrictions on the Navy’s use of MFA sonar for training.  The injunction required the Navy to shutdown MFA sonar when a marine mammal was spotted within 2,200 yards of a vessel, and to power down sonar by 6 decibels during conditions known as “surface ducting”

The Council on Environmental Quality (CEQ) authorized the Navy to implement “alternative arrangements” to NEPA compliance in light of “emergency circumstances.”  The CEQ allowed the Navy to continue its training exercises under voluntary mitigation procedures that the Navy had previously adopted.

The Navy moved to vacate the District Court’s preliminary injunction in light of the CEQ’s actions.  The District Court refused to do so, and the Court of Appeals affirmed.  The Court of Appeals held that the balance of hardships and consideration of public interest favored the plaintiffs.

Court’s Holdings: Held:  The preliminary injunction is vacated to the extent challenged by the Navy.  The balance of equities and public interest tip strongly in favor of the Navy.  The Navy’s need to conduct realistic training with active sonar to respond to the threat posed by enemy submarines plainly outweighs the interests advanced by the plaintiffs.

The “possibility” of irreparable harm standard is too lenient.  The plaintiffs need to demonstrate that irreparable injury is likely in the absence of an injunction.

Implications: This ruling has the potential for the military to dismiss the environmental impacts of its trainings.  This ruling also weighs the importance of “possible” national threats over “possible” injury to natural environments. 

4)    BURWELL v. HOBBY LOBBY STORES, INC. ()
No. 13-354, 723 F. 3d 1114; No. 13-356, 724 F. 3d 377
Supreme Court of the United States, 2014


Facts:  The Patient Protection and Affordable Care Act of 2010 requires specific employer’s group health plans to furnish “preventative care and screenings” for women.  Employers are generally required to provide coverage for the 20 contraceptive methods approved by the Food and Drug Administration, including the 4 that may have the effect of preventing an already fertilized egg from developing any further.
    Non-profit organizations and religious employers are exempt from this.  Insurances issuers must exclude contraceptive coverage from these employers’ plans and provide plan participants with separate payments for contraceptive services.
    Three for-profit corporations have sued HHS (Department of Health and Human Services) under RFRA (Religious Freedom Restoration Act) and the Free Exercise Clause in opposition to the 4 objectionable contraceptives.
    In No. 13-354, the District Court denied Hobby Lobby preliminary injunction, but the Tenth Circuit court reversed.  It held that under RFRA businesses are “persons” and the contraceptive mandate substantially burdened their exercise of religion.

Issue: Does the HHS regulations imposing the contraceptive mandate violate the RFRA?

Decision: Yes, the HHS regulations violate RFRA.

Reasoning: RFRA applies to regulations that govern the activities of closely held for-profit corporations like Hobby Lobby.  HHS sees non-profit businesses as a “person” which dispatches the belief that for-profits are the same.
    HHS’s contraceptive mandate substantially burdens the exercise of religion.  It requires these organizations to engage in actions which violate their sincere religious beliefs.  If they refuse to participate, they face severe economic consequences or penalties.

Implications:  This decision allows corporations to force their religious restrictions on their employees as a means of “practicing religion”.  This could potentially lead to imposingly restrictive corporate policies in the name of “religion”.

Aristotle vs. Rousseau: The Nature of Man for PHI 1030

Aristotle vs. Rousseau: The Nature of Man

Much like reverse-engineering, philosophers tend to dig at the root of a subject, systematically dissecting and inspecting it to see what makes it tick in order to have a better understanding of how it works.  Unlike reverse-engineering, philosophers generally tend to study metaphysical or theoretical subjects.  This lack of physical evidence builds the platform on which a variety of philosophical differences occur.  The subject may be dissected and studied only by careful contemplation and not everyone may agree with the outcome.

Both Aristotle and Rousseau contemplated the nature of man.  Both were attempting to discover the pinnacle of man; or where, how, and why man not only lives but thrives.  Aristotle and Rousseau both considered man in relation to animal as well as man in relation to himself.   However, Aristotle’s and Rousseau’s considerations of the nature of man had seemingly opposite conclusions.

In Nicomachean Ethics, Book One, Chapter Two, Aristotle claims, “Knowledge of the good would seem to be the concern of the most authoritative science, the highest master science.  And this is obviously the science of politics, because it lays down which of the sciences there should be in cities, and which each class of person should learn and up to what level.  And we see that even the most honourable of faculties such as military science, domestic economy, and rhetoric, come under it.”

Aristotle is advocating society and politics as the “highest master science” in pursuit of the knowledge of the good.  He is claiming that the pinnacle of man’s achievement is to manage more than just himself and his household, but also the cities and greater populations.  He goes on to state, “For even if the good is the same for an individual as for a city, that of the city is obviously a greater and more complete thing to obtain and preserve.  For while the good of an individual is a desirable thing, what is good for a people or for cities is nobler and more godlike thing. “

Rousseau, on the other hand, seems to think of man at his pinnacle in his most primitive state.   His Discourse on Inequality seems to come from a state of discontent with the way things are.  He writes, “Discontented with your present conditions for reasons which presage for your unfortunate posterity even greater discontent, you will wish perhaps you could go backwards in time – and this feeling must utter the eulogy of your first ancestors, the indictment of your contemporaries, and the terror of those who have the misfortune to live after you.”  Rousseau seems to imply that the advent of man was man at his pinnacle and everything thereafter is the descent of man.

Both Rousseau and Aristotle view man, currently, as a social animal.  Rousseau argues that society and societal obligations are accomplices of man’s descent.  Aristotle argues that society and the mastery of societal obligations is what improves mankind.  The two authors seem to be investigating the same subject, but from different motives.  Aristotle appears to be contemplating how to improve the individual man by having him contribute to society and mankind as a whole.  Rousseau gives the impression of hopelessness in society and mankind but advocates man as an individual.  Aristotle sees the good in a utopian society and Rousseau sees society as the corruption of mankind.
 
This is interesting when consideration is given to the idea that Aristotle is pursuing “the good” and Rousseau is attempting to identify and explain inequalities.  Aristotle starts from a positive position and Rousseau starts from a negative position.  They both begin their dissection of mankind from a similar point in time; yet end up in very opposing positions.

Rousseau sees current society as a plight, saying, “Man has other enemies, which are much more intimidating and against which he has not the same means of defending himself; his natural infirmities – infancy old age, and illnesses of every kind – melancholy proofs of our own weakness, the first two being common to all animals, the last belonging chiefly to man as he lives in society.”  He argues that the illnesses of today would not exist but for their ability to fester and adapt in our cities and close proximity populations.

Perhaps it is Rousseau’s consideration of mankind within nature which separates his views from Aristotle’s.  Rousseau’s views seem to have a wider focus and a larger field of depth.  By comparison, Aristotle seems to narrowly view mankind and how mankind might improve, but he never approaches the subject of society’s role in relation to the rest of nature.
 
Perhaps, if the two were to meet and argue their points, Rousseau might note this more universal perspective as his main argument.  Aristotle might argue that man, in pursuit of the good, would consider his interactions with nature so that a harmony might be achieved.

Following along as these two philosophers depart on investigations in nearly opposite directions from a nearly identical position is a fascinating endeavor.  There are so many interesting nuances; some subtle, some not so subtle.  It is hard to decide if one philosopher has a better point than the other because both make valid arguments for their respective cases.  It seems to me that it very nearly comes down to a glass half full/glass half empty argument; neither is entirely incorrect, and neither is entirely correct.

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