Showing posts with label legal/ethics. Show all posts
Showing posts with label legal/ethics. Show all posts

Friday, November 16, 2012

Why doesn't anyone ever blame Bad Management!?

Why does everyone in the media blame the union? Goodbye Twinkie, Ding-Dongs and other Hostess "treats" (that possibly may still be exhumed millenia from now without any wear or harm ... it's not the unhealthy products I'm sorry to see go, it's the working class jobs)...
CEO, Mr. Gregory F. Rayburn only holds a masters degree from U of Alabama. I say only because you might think he was a divinely educated businessman extraordinaire, having been in leadership, if not the very top, of so many companies! But about the "so many" companies ... although often having multiple "jobs" at any one of these companies, his resume shows no less than 2 companies between 2000 & 2002, 3 companies from 02-04 (including giving away WorldCom/MCI to Verizon), 3 companies from 04-07 … and one company each in '09, '11 & '12. Associated with the "sin" industry of gambling through Diamond Resorts Corporation as well as being the former CEO of the New York City Off Track Betting Corporation, he was also with the discredited Arthur Andersen LLC as a partner. The man can NOT hold down a job OR, apparently, make any meaningful positive difference. He appears to be a profiteer, blithely skipping from one disaster to the next. As a sort of “cherry” on his sundae, he is also a Member of the American Bankruptcy Institute. http://investing.businessweek.com/research/stocks/private/person.asp?personId=508078&privcapId=598750&previousCapId=333920&previousTitle=AMERISTAR%20CASINOS%20INC

Thursday, August 23, 2012

Can "Job Security" make a comeback?

Job security is an interesting conversation. I'd like to see that come back (it certainly is a corporate social responsibility expression), but I wonder how it can given how our culture has lain bear how disposably companies treat employees (and, therefore, why should employees feel any loyalty ... which we continue to not feel). Beyond a case by case basis, it makes for an interesting business meditation: by what ingredients can job security be re-introduced?


Sunday, June 3, 2012

Michael Porter; a hero disappoints.

or, the danger of the disingenuous subject matter expert (would YOU have caught this lie?)

6/3/2012 2:05:20 PM

I just took pause from my all-day work in front of the computer to have lunch … and as is my habit set myself up in front of the TV and turned on some news. Fareed Zakaria was on (I really like Fareed’s show), and Michael Porter was about to speak. As a student of business, imagine my joy (Porter’s hardly if ever on TV … first time I’d ever see him on TV)!

For the uninitiated, amongst contemporary business literature Porter’s caliber would rank analogously with, say, the Rolling Stones (were business academics rock and roll). He has essentially helped Harvard Business School maintain its vaulted pantheon position, as faculty, as serial author, etc. And I must confess, I cite him regularly (as I variously am either learning or agreeing him.).

When he and Fareed began speaking, it was on the topic of where American business was headed (certainly fascinating). Unfortunately, it appears that Porter may have taken too much grant money from corporate sources (my conjecture)! More than once he cited Americans as not being productive enough!!! Just go to Google images and put in “American productivity chart” (https://www.google.com/search?tbm=isch&hl=en&source=hp&biw=1024&bih=614&q=american+productivity+chart&gbv=2&oq=American+productivity&aq=5S&aqi=g1g-S9&aql=&gs_l=img.1.5.0j0i24l9.1547.7094.0.11250.21.13.0.8.8.0.78.842.13.13.0...0.0.aEFu6vXy1Yo). While I didn’t check each and every chart you can readily see that most if not all say, as they should, the same thing. What that same thing tends to be, according to the Bureau of Labor Statistics, Bureau of Economic Analysis and others, is SO the contrary as to make one ill! Americans are setting records for productivity!

Now, does Michael mean productivity compared to wages elsewhere? Something like that is all I can think of. But honestly, that was the one silver lining of all the off shoring, I don’t want us to lose our minimum wage (it isn’t high enough as it is!). To make matters worse, he hardly looked Fareed in the eye, looking mostly down and to the right … generally a sign of being disingenuous.

What, it begs the question, would prompt such “marketing” (possibly propaganda)? He spoke of a study ... I'll have to keep an eye out for this study!!! If corporations could suppress wages more, somehow extract even greater ROI, then America becomes that much more attractive. Well, that's the simplistic easy thing, isn't it? Corporations have broken the middle class back - there IS no more low hanging fruit!!! How about corporations fulfilling the promise of America shifting from a manufacturing economy to a knowledge economy? Come on, Michael, you’re an old academic – don’t you want to champion corporations promoting, underwriting, etc. our knowledge economy? Why would you help "them" try to squeeze blood from a stone? Is it not time to reinvest? "Americans not being productive enough"? Have you gone mad? This so very much erodes your leadership credibility.

For those in academia you may recognize the old saw about how public schools do not “abuse” the financial aid system the way private institutions do. I am a Professor of Business of some years and actively teach for both kinds of Universities. There may or may not be an imbalance here, and both advantage monies every way they can (they, after all, each “have a business to run”). One thing is very certain, however, the public “research” schools (some, not all ... but as much their public blemish as the private schools have theirs) … are increasingly showing their stripes as paid for and bought.
I am happy to report, I can assure you, I do not teach for any schools that are bought : )

Friday, May 18, 2012

(a word on) Grant Writing

Grant writing is a career path in its own right. It's tedious and involves a ton of research and throwing lots of ones own time and effort against a wall and seeing what sticks.

There are courses, and if I recall there may even be the odd degree offered in it (if you look hard enough). Being a grant writer, especially a seasoned and successful one (maintain metrics, even if they're your own), pays off huge!

I did this for a time for a charity I did volunteer work for. This is a great approach because once you've put forth a good faith effort, you get to keep the files you had access to ... AND basically received training for free. If you do a couple months like that at 2 or 3 different NFPs for a couple years you've immediately catapulted to inheriting [a] one of the most muscular databases ever (presuming you're synthesizing them all into one of your own), and [2] some awesome training, insofar as it may be basic training (ultimately, it's fairly basic stuff anyway) but it's from a half dozen different perspectives (and the additional perspectives is mighty valuable). Naturally, you do this ethically, do your best for these folks and you don't take what you ought not. BUT, think of the advantage!!! Now THAT'S volunteerism with a payoff!



Friday, December 10, 2010

Legal Issues in International Cyberspace Marketing

When a legal issue arises, the beginning position invariably is one of determining which contexts of legal opinion hold sway (Usunier & Lee, 2005, p. 157). Any good business plan would have preemptively sketched out such broad considerations.

Ironically, the Internet, as one of the most formidable drivers for globalization, remains in an evolutionary infancy, legally growing literally case-by-case. This should come as no surprise when considering that some technical schools can produce web designers in as little as nine months. Consequently, hundreds of virtual businesses are born daily, with a global reach, and no clue at all when it comes to their legal rights, responsibilities and potential repercussions.

There are global institutions that periodically set forth standards, WIPO, the World Court (the ICJ, the International Court of Justice) and the like. While integration of said standards often takes time, it is fortunate to have such institutions in place. For better or for worse we are still experiencing the beginnings as globalization continues to establish its expressions (a modest collection of such institutions is in the appendix).

Among the myriad considerations international cyberspace commerce confronts, (possibly or actually), includes torts and liabilities, intellectual property and piracy, customs, ethics and social responsibility, online contracts (and their underlying agreements and considerations), any established statute, remedies for breach, taxes, warranties, issues of transferability, e-money and antitrust issues come to mind.

Individual countries will likely have individual issues, for example, the US will insist on an embrace of Sarbanes-Oxley, at 2002 act of Congress seeking to create greater transparency in accounting practices. This is no light matter. The law of Islam, or Shari’a law, the Hindu law of dharmasastra and Jewish Halakhah are just a few regionally established constructs that, in varying measure either inform or actually are a country’s given law (Cheeseman, 2009, p. 1203-1205).

To know proactively in advance is, besides erring on the side of caution, impossible given the absolute global reach of the web. Fortunately, with a modicum of common sense and the due diligence of all necessary research, there is back-up. If there is the unusual, or someone is threatening your business enterprise, there is probably an attorney at your fingertips at Martindale.com (Martindale.com 2010). This is an online directory of rated legal professionals all over the world by country and expertise.



Appendix

This represents a small portion of the work in progress, the authors’ database of global institutions. Listed here are just those that have been collected thus far, of organizations, laws, treaties, unions, think tanks, abstract constructs (e.g., balance of trade), pacts and the like. From the perspective of this being incomplete, one can readily see how dizzying this can be.

African Development Bank AfDB

African Financial Community East

African Financial Community Central

African Growth and Opportunity Act AGOA

Agency for International Development AID

Agreement on Government Procurement (WTO) AGP

Alien Tort Claims Act (the) ATCA

Alien Tort Statute ATS

All China Federation of Trade Unions, the

American Depository Receipts ADRs

American Enterprise Institute AEI

American Federation of Teachers AFT

American Postal Workers Union APWU

Andean Trade Preference Act ATPA

Antidumping Duty AD or ADD

Arms Export Control Act AECA

Asia Pacific Economic Cooperation APEC

Asia Pacific Foundation

Association of Americans Resident Overseas (the) AARO

Association of Southeast Asian Nations ASEAN

Balance of Payments BOP

Balance of Trade BOT

Bilateral Investment Treaty BIT

Brookings Institution

Bureau of Customs and Border Protection (U.S. DHS) CBP

Bureau of Economic Analysis, U.S Department of Commerce BEA

Business for Social Responsibility BSR

Business Leaders for Sensible Priorities BLSP

Bureau of Industry and Security (U.S. DOC) BIS

Canadian Border Services Agency CBSA

Canadian International Trade Tribunal CITT

Caribbean Basin Economic Recovery Act CBERA

Caribbean Basin Initiative CBI

Caribbean Common Market CARICOM

Caribbean Court of Justice CCJ

Carriage of Goods by Sea Act COGSA

Center for American Progress CAP

Center for Economic and Policy Research CEPR

Center for Strategic and International Studies

Central American Common Market CACM

Central American Free Trade Agreement CAFTA-DR

Certificate of Origin CO

Codex Alimentarius Commission CODEX

Collective Security Treaty Organisation CSTO

Comite Maritime International CMI

Commerce Control List CCL

Common Agricultural Policy of the European Union CAP

Common External Tariff (or CXT) CET

Communications Workers of America CWA

Conformite Europeene CE

Consumer Price Index CPI

Convention on Contracts for the International Sale of Goods CISG

Convention on International Trade in Endangered Species of Wild Fauna and Flora CITES

Corporate Social Responsibility in Asia Business Solutions for Global Challenges

Council of Europe COE

Council on Economic Priorities CEP

Council on Foreign Relations

Countervailing Duty CVD

Court of International Trade CIT

Customs Cooperation Council CCC

Department of Commerce DOC

Department of Foreign Affairs and International Trade DFAIT

Dispute Settlement Body (WTO) DSB

Dispute Settlement Understanding (WTO) DSU

Documents Against Acceptance D/A

Documents Against Payment D/P

Economic Development Board(s)

Economic Strategy Institute

Electronic Data Interchange EDI

Ethical Investment Research Service EIRIS

European Bank for Reconstruction and Development EBRD

European Commission Directorate General for Competition DG-COMP

European Community EC

European Court of Justice ECJ

European Court of the First Instance CFI

European Economic Area EEA

European Free Trade Association EFTA

European Investment Bank EIB

European Organization for Testing and Clarification EOTC

European Patent Office EPO

European Union EU

Exchange Rate Mechanism ERM

Export Administration Regulations EAR

Export Control Classification Number ECCN

Export Management Company EMC

Export Trading Company ETC

Export-Import Bank of the U.S. EXIMBANK

Federal Maritime Commission FMC

Food and Drug Administration, the (United States) FDA

Foreign Corrupt Practices Act FCPA

Foreign Credit Insurance Association FCIA

Foreign Direct Investment FDI

Foreign Sales Corporation FSC

Foreign Sovereign Immunities Act FSIA

Foreign Trade Zone FTZ

Free of Particular Average FPA

Free Trade Agreement or Area FTA

Free Trade Area of the Americas FTAA

Friendship, Commerce, and Navigation treaties FCN

General Agreement on Tariffs and Trade GATT

General Agreement on Trade in Services GATS

Generalized System of Preferences GSP

Gesellschaft mit beschrankter Haftung GmbH

Global Compact, the

Global Food Safety Initiative GFSI

Gross Domestic Product GDP

Group on Iran’s Nuclear Program -

China, France, Germany, Russia, the United Kingdom and the United States. P5+1

Harmonized Tariff Schedule of the United States HTSUS

Heritage Foundation

Hoover Institution

Host-Country Nationals HCNs

Ibrahim Index of African Governance

Information and Communication Technology ICT

Integrated System, Software Management ISM

Intellectual Property Rights IPR

Inter American Dialog

International Air Transport Association IATA

International Bank of Reconstruction and Development IBRD

International Center for the Settlement of Investment Disputes ICSID

International Chamber of Commerce ICC

International Court of Justice (World Court) ICJ

International Criminal Court ICC

International Crisis Group

International Data Corporation IDC

International Development Association IDA

International Emergency Economic Powers Act IEEPA

International Finance Corporation IFC

International Human Resource Management IHRM

International Human Resources IHR

International Human Rights Law IHRL

International Institute for the Unification of Private Law UNIDROIT

International Joint Venture IJV

International Labor Office ILO

International Labor Organization ILO

International Labor Rights Fund ILRF

International Longshore and Warehouse Union

International Maritime Organization IMO

International Monetary Fund IMF

International Organization for Standardization ISO

International Supply Management ISM

International Trade Administration ITA

International Trade Commission ITC

Japan External Trade Organization JETRO

Japanese Industrial Standards Mark JIS

Japanese Patent Office JPO

Kaiser Family Foundation

Labor Council for Latin American Advancement LCLAA

Letter of Credit LC

MallenBaker.net

Mark Conformite Europeene CE

Market Access and Compliance (U.S. Department of Commerce) MAC

Mediators Foundation

Memorandum of Understanding on Trade and Investment MOUTI

Mercado Common del Sur (Southern Common Market) MERCOSUR

Ministry of Economy, Trade, and Industry (formerly MITI) METI

Ministry of Foreign Trade and Economic Cooperation MOFTEC

Most Favored Nation Trade Status (see NTR) MFN

Multilateral Investment Guarantee Agency MIGA

Multilateral Trade Negotiations MTN

Multinational Corporation MNC

Multinational Enterprise (or Entity. synonymous with MNC) MNE

National Development and Research Institutes, Inc.

National Trade Data Bank NTDB

National Trade Estimate Report NTE

Natural Resources Defense Council NRDC

No License Required NLR

Non-governmental Organization NGO

Non-market Economy Nation NME

Non-Proliferation Treaty NPT

Non-tariff Barrier NTB

Non-Vessel Operating Common Carriers NVOCCs

Normal Trade Relations (formerly MFN) NTR

North American Free Trade Agreement NAFTA

North Atlantic Treaty Organization NATO

Ocean Shipping Reform Act of 1998 OSRA

Office of Foreign Assets Control (Department of Treasury) OFAC

Organization for Economic Cooperation and Development OECD

Organization of American States OAS

Overseas Private Investment Corporation OPIC

Parent-Country Nationals PCNs

Patent Cooperation Treaty PCT

Peterson Institute for International Economics

Plowshares Fund

Research Center, Economic & Community Action Policies CIEPAC

SA8000 see CEP SA8000

Service Employees International Union SIEU

Shipper's Export Declaration SED

Society for Worldwide Interbank Financial Telecommunications SWIFT

Special Drawing Rights SDR

Technical Barriers to Trade TBT

Third-Country Nationals TCNs

Trade Adjustment Assistance TAA

Trade and Economic Cooperation Arrangements TECAs

Trade and Investment Cooperation Arrangements TICA

Trade Related Aspects of Intellectual Property Rights TRIPS

Trade-Related Investment Measures TRIMS

Trading with the Enemy Act TWEA

Transparency International

(the) TRIPS Agreement TRIPS

Uniform Customs and Practices for Documentary Credits UCP

Uniform Domain Name Dispute Resolution Policy UDRP

UNISON est. 1993 (by merger); 1.3 million members, the largest trade union in the UK. UNISON

United Nations Code of Conduct on Transnational Corporations (the)

United Nations Commission on International Trade Law UNCITRAL

United Nations Conference on Trade and Development UNCTAD

United Nations Development Program UNDP

United Nations Environmental Program UNEP

United Nations Industrial Development Organization UNIDO

United Nations Office on Drugs and Crime UNODC

United Nations Universal Declaration of Human Rights (the) UN/CTC

United States Agency for International Development USAID

U.S. International Trade Commission USITC

U.S. Trade Representative USTR

United Steelworkers of America USWA

Value Added Tax VAT

Variety Global Business Group a.k.a. VGB Group
World Affairs Council of Philadelphia; The

World Bank (see ICJ)

World Bank Group

World Customs Organization WCO

World Federation of Exchanges (the) WFE

World Health Organization's Framework Convention on Tobacco Control FCTC

World Intellectual Property Organization WIPO

World Trade Organization WTO


References

Cheeseman, H. R. (2009). Contemporary Business and Online Commerce Law (6 ed.). Upper Saddle River, NJ 07458: Pearson / Prentice Hall.

Martindale.com. (2010). http://www.martindale.com/?WT.srch=1

Usunier, J., & Lee, J. A. (2005). Marketing Across Cultures (4th ed.). Essex, England: Pearson Education Limited.

Monday, December 6, 2010

copywrite conversation [and going rogue]

RE: Bribery and Cultural Relativism in the assigned reading. this writer 12/5/2010 5:58:01 AM
...thanks John. That issue is always a worthy chew.
Had this been a not for profit school you could have reproduced the passage under current copyright law.
Alas, I would have done so anyway under the heading of civil disobedience : )

Respond
RE: Bribery and Cultural Relativism in the assigned reading. Instructor 12/5/2010 2:53:11 PM
this writer,
please....I hope you are just joking!
Another way could be, if the book is available on any book selling sites you can just include the web link.
There is always a legal and a right way.
Dr.G.P

Respond
RE: Bribery and Cultural Relativism in the assigned reading. this writer 12/5/2010 3:31:02 PM
No, I wasn't joking. Private schools (like Ringling, Eckerd...) and state schools (like USF, Princeton...) can copy passages of copywriten material within academic context for purposes of learning. Schools that are in a position to turn a profit are disallowed the privilege as the reasoning suggests we might leverage that.
An great example is that Ringling can have a movie marathon for its students (with or without academic purpose, though it must forthrightly put it out there as academic), say, a Halloween movie marathon. No problem, just don't charge admission. For Argosy the sense is we already charge admission because of the way entrance to the institution is set up.
The same goes for youtube videos ... some I can show at one school, others I can only offer a link.
Etcetera.
My sense is that learning is sacred and should trump whether someone might make a one hundredth of a penny or not from a youtube video that would have helped make a point in a classroom setting.

Respond
RE: Bribery and Cultural Relativism in the assigned reading. Instructor 12/5/2010 4:23:18 PM
I thought you were joking with the "civil disobedience" part.

Respond
RE: Bribery and Cultural Relativism in the assigned reading. this writer 12/5/2010 7:13:32 PM
: )
nope
sometimes I even sneak a video clip in for my class anyway
I'm hard core for my kids