LEONARD N. STERN SCHOOL OF BUSINESS
NEW YORK UNIVERSITY
PROFESSIONAL RESPONSIBILITY:
MARKETS, ETHICS & LAW (B02.3101.W6)
WINTER 2007
 DATES: February 2, 3 & 4
 TIME:
9:00am – 4:00pm
 Room:
KMC 3-80
PROFESSOR JENNIFER BERGENFELD
 Office
KMC, 10-178
 Office Hours: before & after class & by appointment
 Phone: 212-998-0053
 Fax: 212-995-4230
 Email: jbergenf@stern.nyu.edu
 TA : Joanne Scarola jrs457@stern.nyu.edu
 Secretary: Iantha Coleman: icoleman@stern.nyu.edu or 998-0048
COURSE OBJECTIVES
The purpose of this course is to introduce the student to a broad range of “non-market”
issues encountered by managers and business professionals, and to help the student
develop a set of analytical perspectives for making judgments when such issues arise. In
economics many of these issues can be described as market failures or imperfections. To
a limited extent, we will illustrate how the legal system is used to redress such failures of
the market economy. We will also examine the role of ethical norms and reasoning in
resolving such issues in managerial life, and in establishing standards of professional
responsibility. The students in this course will exercise professional judgment through
discussion and analysis. Such exercises will require the analysis of one or more cases, as
indicated on the attached schedule of class assignments. In addition, we will study
writings in the fields of ethical reasoning, professional responsibility, and the law.
DIGITAL COURSEPACK
All cases and readings for this course are found in the online Professional Responsibility
Digital Course-Pack:
Professional Responsibility: Markets, Ethics, and Law
Cases and Readings for 2006-07
The digital course-pack can ONLY be purchased through the NYU Professional
Bookstore. Note that the course-pack for the current academic year, 2006-07, is
different from prior course-packs. Make sure you have the current course-pack.
TO PURCHASE The Professional Responsibility Digital Course-pack:
Do EITHER ONE of the following:
1. ONLINE:
 Go to the NYU Bookstore web site: http://www.bookstores.nyu.edu.
 Click on the "Book Inquiry & Ordering" link
 Select the "Search by ISBN" option and enter ISBN 0536181357
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

Proceed to Checkout and complete your order
Within one business day of completing your order you will receive an email with
your access code and instructions for accessing the digital readings.
2. PURCHASE at the NYU Professional Book Store
You must have your NYU ID Card and your NYU email account must be active. After
completing the sale your code and instructions will be sent to your NYU email address.
ACCESSING The PR Digital Course-pack:
After purchasing the PR Digital Course-pack either online or at the bookstore do the
following:
1. Log onto Blackboard.
Stern students should log into Blackboard through http://sternclasses.nyu.edu
Non-Stern students should log into NYUHOME https://home.nyu.edu and click on the
Academics tab.
2. Click on the course listing "Professional Responsibility Digital Course-pack"
Note that this listing is DIFFERENT from your individual professor's Blackboard listing
for the Professional Responsibility course.
3. Click on the large button labeled "START HERE"
4. Check box that says "No, I am a new user"
5. Look for "Access Code" boxes at the center of the page.
6. Fill in your personal access code in the boxes provided.
7. Create your Login by inserting your email address.
8. Create your Password by creating your own personal password.
9. Create your Security Question.
10. Click on Next at the bottom of the page - you are now a Registered User.
11. Once you have registered you will need to navigate back to the Blackboard Site and
login in to the article you want to view.
12. You are now ready to use the PR Digital Coursepack.
PROBLEMS?
1. "403" Forbidden Message received.
COMPLETELY log out of Blackboard. CLOSE all other open windows & programs on
your computer. Then fully log back in again to Blackboard.
2. Other problems?
contact http://247.global.pearsoned.com/email/index.asp
3. Still Other problems?
E-mail the course Teaching Assistant Joanne Scarola jrs457@stern.nyu.edu
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PREPARATION FOR CLASS
Each class session consists of several study modules. Each study module contains
readings and study questions. Your primary obligation in this course is to prepare for
class discussion by thorough reading and analysis of assigned materials. Class
discussions are an essential part of the course. All students are responsible for mentally
preparing answers to all of the study questions before coming to class. You may be called
upon during class to provide answers to these study questions.
COURSE REQUIREMENTS
1. Attend all 3 scheduled class sessions.
2. Homework: 3 Written Study Questions (2 - 3 pages each). Pick ONE study
Question out of the assigned readings for each class session to answer.
3. Homework assignments due prior to the class meeting.
4. Upload your Homework on Blackboard under “Assignments” as WORD file.
5. Homework papers due:
CLASS SESSION
CLASS #
DUE
February 2nd
#1
Midnight February 2nd
(BEFORE 1st class)
February 3rd
#2
9:00am February 3rd
th
February 4
#3
9:00am February 4th
6. Term Paper Description (1 page): Due February 4th (last day of class)
7. Term Paper (8-12 pages): Due February 11th
ATTENDANCE
There are only 3 sessions for this course. Therefore, you are required to attend all 3
sessions in their entirety. Attendance will be taken. If you do not attend all 3 classes
then you will not receive credit for the course. If due to work or personal circumstances
you cannot attend all 3 classes you should drop this section & register for another section.
GRADING
The weights for the student’s overall grade are:
Class Participation
Homework:
Term Paper Project
20%
40%
40%
HOMEWORK: 3 Written Study Questions ( 2 - 3 pages each )
Due February 2nd (before first day of class), February 3rd (2nd class) & February
4th (3rd class)
1. Typed & Double Spaced
2. 2 – 3 Page analysis
2. Answer ONLY ONE Study Question from the assigned readings that we will be
discussing that day in class.
3. You may submit more than 3 written homework assignments but only the top 3 grades
will count.
4. Upload your Homework on Blackboard under Assignments as a Word file.
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5. HOMEWORK PAPERS DUE:
CLASS SESSION
CLASS #
February 2
#1
February 3
February 4
#2
#3
DUE
Midnight February 2nd
(BEFORE 1st class)
9:00am February 3rd
9:00am February 4th
TERM PAPER DESCRIPTION: (1 page typed)
DUE: February 4th
A one-page description of your term paper project as described below.
TERM PAPER: (8 – 12 pages typed & double-spaced)
DUE: February 11th
The purpose of this paper is to allow the student to apply principles of professional
responsibility to an actual, specific business situation. The student will describe a
situation with which he or she has first-hand familiarity. The student may have been a
major or minor actor in the situation, or may have merely witnessed the situation. In any
event, the requirements are that the situation raise ethical or legal issues and that the
student was there. It would not be appropriate to analyze a situation if you were not in a
position to observe it directly.
ORGANIZE YOUR TERM PAPER AS FOLLOWS
I. Situation
Provide a description of the situation or practice; this description must be detailed & rich
enough to allow the reader to get a clear sense of the issues & circumstances (2-4 pages).
II. Analysis
Apply some method or methods of ethical (or perhaps legal) reasoning to the situation
and examine the results of this application. Are the results logical, beneficial, counter
intuitive, or in any other way problematic? Here the student should apply, wherever
appropriate, concepts from the course and its readings. Also, the student should cite the
relevant law (2-4 pages).
III. Resolution & Conclusion
Describe how the situation was actually resolved. Discuss this resolution in light of the
ethical analysis from section II (2-4 pages).
Evaluation of Term Paper Project: Good performance (hence good grades) on this
assignment consists of systematically and thoroughly applying relevant concepts and
methods from the course to the situation, and in testing the worth of those concepts and
methods in resolving the ethical issues it presents.
Confidentiality of Term Paper Projects:
The contents of the term paper projects that you submit are held strictly confidential. The
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term papers are not read by anyone other than the professor and are not disseminated in
any fashion to other person(s).
Handing In Term Paper Projects:
Since the term papers are due after our class sessions have ended you may hand in your
term paper using one of the following 3 options:
Email: Email term paper to Professor Bergenfeld (jbergenf@stern.nyu.edu) as a Word
file attachment. Note that the confidentiality of email cannot be guaranteed.
IMPORTANT DATES
3 Homework Papers (2-3 pages):
Term Paper Description (1 page):
Term Paper (8-12 pages):
Due
Due
Due
2/2, 2/3, 2/4
2/4
2/11
COURSE SCHEDULE
DAY #1 FEBRUARY 2ND
MORNING
9:00am - 12:00pm
TOPICS & ASSIGNMENTS
MARKET FAILURES & PROFESSIONAL DILEMMAS
READINGS
Economic Theories of
Regulation: Normative vs.
Positive”
The Price of Lobster
Thermidor
Pollution Case Highlights
Trend to Let Employees
Take the Rap.”
Making An Ethical
Decision
Linda N. Edwards &
Franklin R. Edwards
Digital course pack
Course Concepts:
Economics of Market Failure
The Economist
http:/www.suboceansafety.
org
Dean Starkman
Social Responsibility &
Human Rights: Moral
Standards Across Borders
Corporate Governance:
Control By Law
Terry Halbert & Elaine
Ingulli
Course Concepts:
Ethical Theories
STUDY QUESTIONS
1.Why do market failures tend to bring about laws or regulations to counter their effects?
2. Based on the Edwards article which market failures or imperfections are present in the
“Lobster Thermidor” case? In the “Pollution” case?
3. Based on the Halbert & Ingulli reading identify at least one market failure related to
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your employment situation and apply the methods of ethical reasoning to this market
failure.
TRUTH & DISCLOSURE
READINGS
The Business of Ethics
Ethics and the New Game
Theory
Bitter Pill
Familiar Refrain:
Consultant’s Advice on
Diversity was Anything
but Diverse
Today’s Analyst Often
Wears Two Hats
Ghost Story
Norman Chase Gillespie
Gary Miller
Digital course pack
Truth & Disclosure
Ethical Theories
Ralph T. King, Jr
Douglas A. Blackmon
Truth & Disclosure
Truth & Disclosure
Roger Lowenstein
Truth & Disclosure
Anna Wilde Mathews
Truth & Disclosure
STUDY QUESTIONS
1. Would Gillespie (“The Business of Ethics”) voice any objections to the (i) corporate
actions of Boots described in “Bitter Pill” and (ii) Towers Perrin in the “Familiar
Refrain” case? Do you agree with Carr? Can you identify any market failures in “Bitter
Pill” and “Familiar Refrain”?
2. How would Gary Miller (“Ethics & the New Game Theory”) assess the long-term
effects of bluffing as applied to (i) the job of an equity analyst (“Today’s Analyst”)?
3. Is there anything ethically wrong about the actions of the medical ghostwriters as
described in “Ghost Story”? What would happen if all or most drug companies behaved
in similar ways? Do their actions fall within the scope of business bluffing according to
Gillespie (The Business of Ethics”)?
GIFTS, SIDE DEALS & CONFLICTS OF INTEREST
READINGS
Neutral Omni-Partial Rule
Making
Bribery & The Foreign
Corrupt Practices Act
Buynow Stores
Roger Berg
Wall Street and the
Nursery School
Drug Maker’s Efforts to
Ronald M. Green
Kenneth W. Clarkson, et al.
Visit: www.transparency.org
Bruce Buchanan
Ronald M. Green
Gretchen Morgenson & Pat
McGeehan
Gardner Harris & Robert Pear
Digital course pack
Ethical Theories
Truth & Disclosure:
Gifts, Side Deals &
Conflict of Interest
(GSD&CI)
GSD&CI
GSD&CI
GSD&CI
GSD&CI
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Compete in Lucrative
Insulin Market are Under
Scrutiny
STUDY QUESTIONS
1. Make a list of all the gift practices described in Buynow Stores. In your judgment,
which of these, if any, are inappropriate? Use ethical concepts and methods from the
Green and Halbert/Ingulli readings to support your position.
2. Do the Roger Berg and Wall Street Nursery School cases differ materially from
Buynow Stores? Use ethical concepts and methods from the Green and Halbert/Ingulli
readings to support your position.
3. Has Novo Nordisk and their “anchor in office program” created any market failures or
engaged in any conflicts of interest in their current insulin drug marketing practices
(“Drug Makers Efforts to Compete in Lucrative Insulin Market Are Under Scrutiny”)?
Are the Novo sales representatives engaging in bribery? Should drug companies refrain
from such activities and risk losing business?
DAY #1 FEBRUARY 2ND
AFTERNOON
1:00pm - 4:00pm
AGENCY & FIDUCIARY DUTY
READINGS
Duties of Principals and
Agents
Moral Hazard
TOPICS & ASSIGNMENTS
Kenneth Clarkson et al.
Robert Pindyck & Daniel
Rubenfeld
Lawrence Zicklin
Lawrence Zicklin
Jane P. Mallor, et al.
Digital course pack
Agency & Fiduciary Duty
Economics of Market
Failure
Agency & Fiduciary Duty
Agency & Fiduciary Duty
Agency & Fiduciary Duty
Quality Department Stores
Old City Enterprises
The Business Judgment
Rule
Testing the Limits of the
Roger Leroy Miller &
Board of Directors
Business Judgment Rule
Gaylord Jentz
My Patients Are Dying
Lawrence Zicklin
Agency & Fiduciary Duty
Lessons From the Not
Harvey L. Pitt
Board of Directors
Always So Wonderful
World of Disney
STUDY QUESTIONS
1. Sketch out the relationships between parties described or implied in the case
“Quality Department Stores.” Which of these can be called “fiduciary” relationships?
Given your analysis, how should the investment manager vote?
2. Which fiduciary duties might be at issue in “Old City Enterprises”? Is Ed Stevens in
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“Old City” acting properly in terms of shareholder interests and ethical standards? Are
there any moral hazards present here?
3. Describe the various fiduciary relationships in “My Patients Are Dying." Are any
fiduciary responsibilities owed to the patients who are dying? Have any fiduciary duties
been breached in this case?
4. Apply the Business Judgment Rule (Jane P. Mallor) to the situations faced by the
boards of directors of Walt Disney (“Testing the Limits” & Lessons From The Not So
Wonderful World of Disney”). Was the action taken by the board of directors justified
by the business judgment rule?
WHISTLE BLOWING & LOYALTY
Video: The Insider
READINGS
Digital course pack
The Return of Qui Tam
Priscilla R. Budeiri
Whistle Blowing
Aircraft Brake Scandal
Kermit Vandivier
Whistle Blowing
He Told. He Suffered.
Kurt Eichenwald
Whistle Blowing
Now He’s a Hero
A Whistle-Blower Rocks
Charles Haddad, with Amy
Whistle Blowing
an Industry
Barrett
Doctor Explains Why He
Melody Petersen
Whistle Blowing
Blew the Whistle”
Legal Tangle At The
Business Week
Whistle Blowing
Fountain of Youth
Fraud Busting Begins At
Mark Green
Whistle Blowing
Home
STUDY QUESTIONS
1. Consider the position of Searle Lawson in the “Aircraft Brake Scandal” case. At
what point, if any, should he have blown the whistle to someone outside B.F. Goodrich?
Use ethical concepts and reasoning to support your position.
2. Discuss the role(s) that whistle blowing laws play in the health care industry. Are
these laws primarily a mechanism for preventing health care fraud against the
government (“A Whistle-Blower Rocks an Industry”) or do these laws serve other
purposes as well (“Doctor Explains Why He Blew The Whistle”) and (“Legal Tangle At
The Fountain of Youth”)?
3. Mark Jorgeson (“He Told He Suffered” - Prudential) worked at a major corporation
and tried to bring truthful accounting numbers to the attention of top management and
investors. What personal risks did he run?
4. Do you agree with Mark Green (“Fraud Busting Begins At Home”) that enacting
whistle blowing laws is a good idea for state legislatures? Should private corporations
also offer rewards to employees who blow the whistle on their colleagues?
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DAY #2 FEBRUARY 3RD
MORNING
9:00am - 12:00pm
INSIDER TRADING
Video: Wall Street
TOPICS & ASSIGNMENTS
READINGS
Digital course pack
Insider Trading Notes
Constance E. Bagley
Insider Trading
An Accountant’s Small
Tom L. Beauchamp
Insider Trading
Time Insider Trading
Raymond Dirks and Equity Roy C. Smith
Insider Trading
Funding of America
Martha Stewart
Roy C. Smith
Insider Trading
The Case for Insider
Henry G. Manne
Insider Trading
Trading
The Cost of Inequity
The Economist
Insider Trading
STUDY QUESTIONS
1. Should the accountant, Davidson, trade on the information he has obtained from Wolff
(“Accountant’s Small Time”)? Use legal theories of insider trading (“Insider trading
Notes”) and ethical concepts to support your position.
2. Compare the behavior of Dirks (“Raymond Dirks”) with that of Stewart (“Martha
Stewart”) in relationship to the concept of fiduciary duty. Why was Dirks reprimanded by
the SEC but ultimately exonerated by the Supreme Court? Use legal and ethical concepts
to support your position.
3. Do laws forbidding insider trading make financial markets more or less efficient? Use
ideas from both economics and ethics to justify your position as well as including
Manne’s thesis (”The Case for Insider Trading”) on insider trading.
CONTROL BY LAW
READINGS
Living with the
Organizational Sentencing
Guidelines
Strong Law Enforcement
Is Good for the Economy
Prosecutors’ Tough New
Tactics Turn Firms Against
Employees
Conviction of Banker
Vindicates New Strategy
by Prosecutors
Deals & Consequences
Jeffrey Kaplan, Linda S.
Dakin, Melinda R. Smolin
Digital course pack
Control By Law
Eliot Spitzer
Control By Law
Laurie P. Cohen
Control By Law
Jonathan D. Glater
Control By Law
London Thomas Jr.
Control By Law
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United States Department
of Justice
Ebbers’ Sentence Adds Up
Thompson Memo 1/20/2003
Control By Law
Dan Small
Control By Law
STUDY QUESTIONS
1. How do you think the U.S. Sentencing Guidelines (“Living with the Organizational
Sentencing Guidelines”) will change corporate behavior? Consider this from the
perspective of the corporation as employer (“Prosecutors’ Tough New Tactics”).
2. Are the compliance costs that the U.S. sentencing guidelines imply justified? Do you
agree with the guideline’s approach to white-collar crime? And with the prosecutor’s
approach (“Conviction of Banker Vindicates New Strategy by Prosecutors” & “U.S.
Dept. of Justice: Thompson Memo”)?
3. What are the implications of the Corporate Sentencing Guidelines for the individual
employee as well as judges? Compare and consider the situations of Daniel Bayly from
Merrill Lynch (“Deals & Consequences”) and Bernard Ebbers from WorldCom (“Ebbers’
Sentence Adds Up”).
SALES AND MARKETING
READINGS
Excerpts from Investment
Management: Business...
or Profession…
The Selling of Breast
Cancer
Commissions on Sales at
Brock Mason
West Virginia CIF
Drug Makers Scrutinized
Over Grants
John C. Bogle
Digital course pack
Sales & Marketing
Susan Orenstein
Sales & Marketing
Tom L. Beauchamp
Sales & Marketing
Ingo Walter
Gardner Harris
Sales & Marketing
Sales & Marketing
STUDY QUESTIONS
1. In the “Brock Mason” case, Mr. Tithe, the branch manager, describes the situation with
the widow as “unfortunate” but not “unfair.” Do you agree? Use ethical methods and
concepts to justify your position.
2. In what ways, if any, could we determine that pharmaceutical companies are ethically
responsible for promoting new mental illnesses in order to boost their profits from drug
sales (“Drug Makers Scrutinized Over Grants”)? Or, companies that support causes such
as breast cancer (“Selling of Breast Cancer”) to market their brand?
3. In his article, “Investment Management: Business . . . or Profession,” John Bogle
implies that much of the mutual fund business is driven by moral hazards and fiduciary
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duty problems. Do you agree? Are any of these problems evident in the “West Virginia
CIF” case?
DAY #2 FEBRUARY 3RD
AFTERNOON
1:00pm - 4:00pm
PRODUCT LIABILITY
READINGS
Strict Liability & Product
Liability”
A.H. Robins: Dalkon
Shield
In Breast Implants Scandal,
Where Was Dow
Corning’s Concern for
Women?
Legal Myths: The
McDonald’s Hot Coffee
Case”
Good Pill, Bad Pill:
Science Makes It Hard to
Decipher
Repeated Defect in Heart
Devices Exposes a History
of Problems
TOPICS & ASSIGNMENTS
Kenneth Clarkson, et al
Digital course pack
Product Liability
A. R. Gina & Terry Sullivan
Product Liability
Andrew W. Singer
Product Liability
The Public Citizen
Product Liability
Gina Kolata
Product Liability
Barry Meier
Product Liability
STUDY QUESTIONS
1. Should A.H. Robins have introduced the Dalkon Shield when it did (“A.H.Robins”)?
Which legal theories of product liability (Clarkson, et al) may apply to A.H. Robins? Do
they have any defenses? Is the breast implant situation distinguishable (“In Breast
Implants Scandal, Where Was Dow Corning’s Concern for Women?”)? Are there moral
hazards present in these cases or in product liability cases in general?
2. Was McDonald’s “negligent” and/or strictly liable, i.e. “strict product liability”
(Clarkson, et al) for selling “unreasonably dangerous” coffee in the “hot coffee” case
(“McDonald’s Hot Coffee Case”)? Does McDonald’s have any legal defenses?
3. Have any fiduciary duties been breached in the Guidant heart device case (“Repeated
Defect in Heart Devices Exposes a History of Problems”) and the Vioxx situation (“Good
Pill, Bad Pill: Science Makes it hard to Decipher”). And can you identify any market
failures?
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SOCIAL RESPONSIBILITY TO STAKEHOLDERS
READINGS
The Social Responsibility
Milton Friedman
of Business is to Increase
Its Profits
Our Schizophrenic
William T. Allen
Conception of the Business
Corporation
Toy Maker Faces Dilemma Joseph Pereira
as Water Gun Spurs
Violence
Bally’s Grand Casino, For Heidi Evans
Elaine Cohen, Is Her One
True Home
Down and Out in White
Nelson D. Schwartz
Collar America
The Right Thing: When
Jeffrey Seglin
Good Ethics Aren’t Good
Business
Plasma International
TW. Zimmer & P.L.Preston
Digital course pack
Social Responsibility
Ethical Theories
Social Responsibility
Social Responsibility
Globalization & Domestic
Markets
Social Responsibility
Agency & Fiduciary Duty
STUDY QUESTIONS
1. What advice would Friedman (“The Social Responsibility of Business is to Increase
Profits”) and Allen (“Our Schizophrenic Conception of the Business Corporation”) give
to the CEO of Larami Corp., manufacturer of the Super Soaker (“Toymaker Faces
Dilemma”)? Would you agree with Friedman and/or Allen? .
2. If you were the manager of “Bally’s Grand Casino”, would you do anything differently
with respect to Elaine Cohen? What would Friedman (“Increase Profits”) and Allen
(“Schizophrenic Conception”) advise the manager to do? Use ethical methods and legal
concepts to support your position.
3. Did the CEOs of Smith & Wesson and Plasma International fulfill their fiduciary
duties (“The Right Thing” & “Plasma International”)? Justify your position.
4. Do companies violate any fiduciary duties when they outsource American white-collar
jobs to cheaper labor markets in third world countries (“Down & Out in White Collar
America”)? Apply ethical concepts and market failures to this dilemma.
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DAY #3 FEBRUARY 4TH
MORNING
9:00am - 12:00pm
TOPICS & ASSIGNMENTS
DISCRIMINATION
Video: Patterns of Discrimination & A Costly Proposition
READINGS
EEOC Guidelines
Sexual-Orientation
Protection Added to New
York Law
Foreign Assignment
EEOC
Casey J. Dickinson
Thomas Dunfee and Diana
Robertson
Jane Gross
Digital course pack
Discrimination
Discrimination
Discrimination
Now Look Who’s
Taunting. Now Look
Who’s Suing
Too Old to Work
Adam Cohen
When Fear of Firing Deters Jeffrey L. Seglin
Hiring
Discrimination
Can Employers Alter
Hiring Practices to Cut
Health Costs?
Discrimination
Ann Zimmerman
Discrimination
Discrimination
STUDY QUESTIONS
1. In the “Foreign Assignment” case, how would you judge the actions of Bill
Vitam? Use ethical concepts as well as the law, to justify your position. According to the
EEOC, can the bank (employer) be held liable for sexual harassment created by its
employees? Does the bank have any affirmative defenses as provided by the EEOC?
2. Is discrimination based on age (“Too Old To Work?”) different from discrimination
based on sex (“ Now Look Who’s Taunting. Now Look Who’s Suing?”) Should similar
laws and regulations be applied to all of these classes?
3. Is discouraging unhealthy job applicants a form of discrimination (“Can Employers
Alter Hiring Policies to Cut Health Costs?”)? What about avoiding hiring capable
minority applicants due to potential litigation costs (“When Fear of Firing Deters
Hiring”)?
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PRIVACY
READINGS
Digital course pack
Monday 9:01 A.M.
Ronald Smithies
Privacy
Open Secrets
Ellen Schlutz
Privacy
Prying Times
Ann Carrns
Privacy
Monitoring of Employees
Allison Michael & Scott M.
Privacy
Still Growing
Lidman
TGB Insurance Services
No. B153400 (Cal. Ct. App.
Privacy
Corp v. Superior Court
2002)
STUDY QUESTIONS
1. Should firms face any restrictions on the internal use of data gathered from their own
employees? Consider this specifically with respect to medical/psychological information.
Use ethical concepts and methods to justify your position.
2. Is the idea of privacy for individuals becoming obsolete in the Internet age? How do
privacy and technology interact?
3. What market failures surround the issue of privacy? How, then, does the right to
privacy interact with economic efficiency?
DAY #3 FEBRUARY 4TH
AFTERNOON
1:00am - 4:00pm
TRADE SECRETS
TOPICS & ASSIGNMENTS
READINGS
Digital course pack
Trade Secrets, Patents, and Robert E. Frederick & Milton Trade Secrets
Morality
Snoeyenbos
Protecting Trade Secrets:
Michael B. Carlinsky & Lara Trade Secrets
Using ‘Inevitable
Kreiger
Misappropriation’…
Stockbroker’s Story
Bruce Buchanan
Trade Secrets
Fare Game
William M. Carley
Trade Secrets
Corporate Spies: The Pizza Adam Penenberg & Marc
Trade Secrets
Plot
Barry
Judge Says Apple Can
Laurie Flynn
Trade Secrets
Demand Names of
Bloggers
STUDY QUESTIONS
1. Are customer records, such as those described in “Stockbroker’s Story”, trade secrets
or do they belong to the departing broker? What criteria can we apply is making this
determination?
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2. Compare and contrast the situation in “Fare Game” and “Judge Says Apple Can
Demand Names of Bloggers” with respect to the concept of a trade secret? Do you agree
that “Apple suing its most enthusiastic fans is like the Grateful Dead suing its concert
bootleg makers”?
3. Which practices in “The Pizza Plot” do you judge to be inappropriate? What are your
criteria for saying so?
MORAL STANDARDS ACROSS BORDERS
READINGS
United States Bill of
Rights
In Praise of Cheap Labor:
Bad Jobs at Bad Wages…
Human Rights on the Eve
of the 21st Century
Universal Declaration of
Human Rights
The Oil Rig
For Cruise Workers, Life
is No “Love Boat”
Stretching Federal Labor
Law into the South Pacific
Lives Held Cheap in
Bangladesh Sweatshops
Nobodies: Does Slavery
Exist in America?
Up Against Wal-Mart
Digital course pack
Moral Standards
Paul Krugman
Moral Standards
His Holiness the Dalai Lama
Moral Standards
United Nations
Moral Standards
Joanne B. Ciulla
Joshua Harris Prager
Moral Standards
Moral Standards
Seth Faison
Moral Standards
Barry Bearak
Moral Standards
John Bowe
Globalization & Domestic
Markets
Globalization & Domestic
Markets
Moral Standards
Karen Olsson
An Ugly Side of Free
Steven Greenhouse &
Trade: Sweatshops in
Michael Barbaro
Jordan
United States Citizenship
http://www.uscis.gov
Globalization & Domestic
& Immigration Services:
Markets
H-1B Visa
STUDY QUESTIONS
1. According to the “United States Bill of Rights” and the “Universal Declaration of
Human Rights” have any basic human rights been violated in the “Oil Rig” case? Are the
ex-pats justified in getting better treatment than the Angolans?
2. Should cruise workers that service US ports enjoy the rights of other US workers
(“Life Is No Love Boat”)? Are sweatshops unethical according to Krugman (“In Praise
of Cheap Labor”) or the Dalai Lama?
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3. Should US labor and safety laws apply to the Northern Mariana Islands (“Stretching
Federal Labor”)? What about sweatshops or working conditions in America (“Nobodies”
& “Up Against Walmart”)?
4. Do human rights exist? If so, as a corporation how would you apply these ideas to
workers in Bangladesh (“Lives Held Cheap in Bangladesh Sweatshops”) and Jordan (“An
Ugly Side of Free Trade: Sweatshops in Jordan”)?
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