MGT3850B FALL 2008 TERM PAPER QUESTIONS
Answer any ONE of the following questions.
1. As creations of the law of Canada, and many other jurisdictions,
corporations may be assumed to be intended as beneficial to the
general public good in Canada. Authors such as Adam Smith, David
Korten, Harry Glasbeek, and Jerry Mander contend that corporations,
in particular large global corporations, fail to provide sufficient
benefit to society to justify their existence in law. Such authors are
critical of both the actions of corporations seen as contrary to the
public good, and the underlying theoretical justification of
corporations in a market economy. Discuss critically such criticisms
of both the theory and the practice of corporations, with particular, but
not necessarily exclusive, focus on Canada.
2. Both Canada and the U.S.A. protect constitutionally the freedom
of speech and expression of all persons within the respective
countries. Such protection includes “commercial speech”
popularly described as advertising. With reference to case law
and the commercial advertising practices of corporations in
Canada, or beyond, discuss critically whether the nature and
extent of constitutional protection of commercial speech are
justified. What changes, if any, would you recommend in the
protection of commercial free speech in Canada? Provide support
for your position on this question.
3. In his book “The Post-Corporate World,” David Korten contends that,
for human societies to effectively counter what he sees as the
dangerous ill-effects of corporate economic activity, there must occur
a “paradigm shift” in human perception of the nature and purpose of
life, including human life. Examine and discuss critically Korten’s
reasons for urging such a paradigm shift. Consider too the changes in
social and economic activity that Korten anticipates would flow from
his recommended paradigm shift. Consider the potential advantages
and disadvantages of Korten’s recommended changes and the
potential impact of such changes on the operation and existence of
global corporations.
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4. Corporate governance arrangements influence the efficient use of
society’s resources and the ability of firms to create new wealth.
In 1932, authors Berle and Means in “The Modern Corporation
and Private Property” identified what they saw as (i) inefficiency
and insufficient accountability flowing from the separation of
ownership from control within the corporation. In “The
corporation as government: Challenges and dilemmas,” [(1975)
Polity, 8(1), 5-37], David Vogel notes that (ii) corporations have
increasingly assumed public or quasi-public functions. Examine
critically some of the evidence supporting or opposing
observations (i) and (ii). Discuss also changes in corporate
governance that you consider might improve the performance of
corporations in the matters raised by points (i) and (ii).
5. Glasbeek echoes the views of some commentators that contemporary
corporations, in particular large corporations, undermine the values
and institutions of democracy in liberal democratic societies such as
Canada. Examine critically the evidence and argument that
corporations undermine important aspects of democratic society.
Whether you consider that change or no change in corporate
structures, culture, or actions is necessary to better serve democracy in
Canada, discuss critically the evidence, argument, and form your own
opinions.
6. The Criminal Code of Canada has been amended recently to
avoid some obstacles that prevented prosecutors from obtaining
convictions upon charges laid against corporations, including
Westray Mining and related corporations. Examine and discuss
critically the respective underlying theories of both the old law,
and the new law brought in by Bill C-45 and Bill C-46. On the
basis of the little evidence publicly available, assess the impact of
the changes in the criminal law, on corporate crime. You may
consider it useful to conduct a small survey of corporate directors
and managers, and trade union officers and members for possible
evidence of greater corporate attention to corporate crime.
Consider too whether there is any actual or potential benefit to
society flowing from the concept and the prosecution of corporate
crime.
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7. Examine critically the debate over whether there is net benefit to
society flowing from incorporation of small single-owner businesses.
8. Defenders of “the corporation” contend that the negative aspects
and consequences to society of corporate actions are more than
compensated for by the great success of corporations in creation
of wealth. Some critics of corporations (such as Halstead and
Cobb) suggest that contemporary measurements of “wealth” are
misleading and greatly exaggerate the wealth-creating properties
of corporations. Examine and discuss critically the accuracy of
existing measurements of “wealth” and whether it is necessary or
feasible to implement more reliable measurements.
9. Consider critically any form of economic enterprise that you consider
may serve society’s needs as well as, or better than, the corporate
form.
10.Examine critically any issue of your own choosing on the topic of
the law and corporations, directly or indirectly relating to
Canada. PLEASE NOTE THAT IN YOUR OWN INTEREST
YOUR ENTIRE GROUP MUST DISCUSS WITH ME YOUR
INTENDED PROJECT TO ENSURE THAT IT IS FEASIBLE.
TO FACILITATE OUR DISCUSSION, YOU SHOULD
PROVIDE POTENTIAL, SOURCES OF DATA, SCHOLARLY
ARTICLES ETC. DISCUSSION WITH ME IS ALSO ADVISED
FOR THOSE WRITING AN INDIVIDUAL PAPER.
PAPERS ARE DUE ON OR BEFORE NOVEMBER 20, 2008.
Groups of THREE 3,400-3,600 words.
Groups of TWO 2,900-3,100 words.
Individual papers 2,000-2,300 words.
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You will be assessed on the quality and quantity of your research and
evidence, references to academic and legal authorities, the logic, clarity
and persuasiveness of your thesis, ideas and argument, and the quality
of the organization of your group members’ various contributions. I
shall also take into account the unanswered questions that you raise in
the paper as a result of your work.
For your consideration, I shall distribute by e-mail and on the class
website a template for structuring your paper.
I SHALL BE AVAILABLE TO DISCUSS WITH GROUPS YOUR
IDEAS, DIFFICULTIES, CONCERNS OR QUESTIONS. IF
DIFFICULTIES ARISE ABOUT THE APPROPRIATE LEVEL OF
PARTICIPATION OF GROUP MEMBERS, IT IS NECESSARY
THAT I BE INFORMED. IT IS DIFFICULT FOR ME TO PROVIDE
A REMEDY IF I HEAR OF SUCH DIFFICULTIES AFTER THE
FACT, OR NOT AT ALL.
I CALL UPON YOU TO EVALUATE YOUR GROUP MEMBERS’
CONTRIBUTION TO THE PAPER AS WELL AS YOUR OWN
CONTRIBUTION. PLEASE ASSIGN A GRADE TO EACH MEMBER
AND YOURSELF AND EXPLAIN YOUR RATIONALE FOR THE
GRADE.
PERFORMANCE AS A GROUP MEMBER RESTS NOT ONLY ON
THE QUALITY AND QUANTITY OF THE INFORMATION, IDEAS,
AND QUESTIONS YOU PROVIDE, BUT ON ACCESSIBILITY TO
OTHER GROUP MEMBERS, CONTRIBUTION TO EDITING THE
PAPER, COMMUNICATING REGULARLY WITH GROUP
MEMBERS, ETC. IF ONE OR MORE OF YOUR GROUP
MEMBERS FAILS TO MEET THE STANDARDS INDICATED
ABOVE, PLEASE CONTACT ME AS SOON AS POSSIBLE TO
ALLOW ME TO TAKE APPROPRIATE ACTION BEFORE THE
PAPER IS DUE TO BE HANDED IN.
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