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Citation for table
This table provides a close summary of Fisse, B. (1985). "Sanctions Against Corporations: The Limitations of Fines and the Enterprise of Creating Alternatives" in Corrigible Corporations and Unruly Law , editors Brent Fisse and Peter A. French. San Antonio, TX: Trinity University Press, 137-157. Summary in tabular form of the taxonomy developed by Fisse to classify and compare forms of corporate punishment.- Provide increased protection for whistle-blowers
- Adhere to an established code of ethics or explain reasons for non-compliance
- Engage in "full, fair, timely and understandable disclosure"
- Maintain"honest and ethical" behavior.
- Report ethics violations promptly
- Comply with "applicable governmental laws, rules, and regulations"
- Dyurd cites: ELT, Ethics and Code of Conduct , n.d.; http://www.elt-inc.com/solution/ethics _and_code_of_conduct_training_obligations.html
Requirements of sarbanes-oxley (summarized by dyrud: 37)
- Establishing standards and procedures to prevent and detect criminal conduct
- Promoting responsibility at all levels of the program, together with adequate program resources and authority for its managers
- Exercising due diligence in hiring and assigning personnel to positions with substantial authority
- Communicating standards and procedures, including a specific requirement for training at all levels
- Monitoring, auditing, and non-internal guidance/reporting systems
- Promiting and enforcing of compliance and ethical conduct
- Taking reasonable steps to respond appropriately and prevent further misconduct in detecting a violation
Amended federal sentencing guidelines (taken from dyrud: 37)
Legal trail toward corporate moral personhood: a table summary
Date | Decision | Legal Right Affirmed |
1889 | Minneapolis and St. L. R. Co. v. Beckwith | Right for judicial review on state legislation |
1893 | Noble v. Union River Logging R. Col, | Right for judicial review for rights infringement by federal legislation |
1906 | Hale v. Henkel | Protection "against unreasonable searches and seizures (4th) |
1908 | Armour Packing C. v. United States | Right to trial by jury (6th) |
1922 | Pennsylvania Coal Co. V. Mahon | Right to compensation for government takings |
1962 | Fong Foo v. United States | Right to freedom from double jeopardy (5th) |
1970 | Ross v. Bernhard | Right to trial by jury in civil case (7th) |
1976 | Virginia Pharmacy Board v. Virginia Consumer Council) | Right to free speech for purely commercial speech (1st) |
1978 | First National Bank of Boston v. Bellotti | Right to corporate political speech (1st) |
1986 | Pacific Gas and Electric Company v. Public Utility Commn of California | Right against coerced speech (1st) |
What you will do ...
Exercise one: other people's money
- What is Larry the Liquidator's basic argument? What is Andrew Jorgensen's basic argument?
- What is Larry the Liquidator's conception of the nature and value of the corporation? What is Andrew Jorgensen's conception of the nature and value of the corporation?
- What is the social responsibility of a corporation according to Larry the Liquidator? What is it according to Andrew Jorgensen?
- Write a paragraph on which argument you find most persuasive, that of Larry or that of Andrew. Explain why you find it persuasive.
Watch the shareholder's meeting in the movie, " other people's money." then answer the questions below. think generally about what the manager of a corporation should do with the money its stakeholders have invested in it.
Read also:
OpenStax, The environments of the organization. OpenStax CNX. Feb 22, 2016 Download for free at http://legacy.cnx.org/content/col11447/1.9
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