See attachment with specific details and instructions. Please note that if well-informed, well-thought, relevant and timely arguments are identified then the order can become an 8-page order. Feel free to ask questions. Thank you.
*AMA (American Medical Association) citations are required.
What Do You Mean, “No Refund”?!?
Early in the chapter we alluded to an ethical aspect of contracts by imagining you were a ticketholder to a Michael Jackson concert at the time of his death. The Final Tour is announced, tickets go on sale, the shows immediately sell out, and then Michael Jackson dies quite suddenly two weeks before the tour is to begin. Aside from any legal contractual issues, discuss the ethical considerations for what to do about refunding the tickets. That is, even if the agreement that ticketholders (generally unknowingly) entered into said their money would not be refunded in such an event, discuss the ethics of the situation. Who are the stakeholders? Think of as many as you possibly can. What are the issues involved? What does the tour promoter stand to lose with each scenario? What does it stand to gain? Where do law and ethics interface here in such an unprecedented occurrence (not just the death of a performer, but one of Michael Jackson’s unparalleled stature)? Does sentiment enter into the picture under the circumstances? In what way? Should it? How would you determine the best ethical position to take about refunding the money?
“Privacy and the Public Figure”
On Donald Trump’s personal blog, “Carolyn,” about Carolyn Kepcher, Donald Trump’s former apprentice on his Apprentice show, Trump wrote that Ms. Kepcher was terminated because “she loved her fame and she loved her celebrity on The Apprentice and it was affecting her work. She wasn’t doing her job like she used to or was capable of doing.” Mr. Trump told Ms. Kepcher, “in the nicest way possible…get a new job.” He did not say “you’re fired.” He replaced Ms. Kepcher with his daughter, Ivanka Trump. Was it ethical of Trump to broadcast this type of information to the general public? Compare the information found in each week’s People magazine, or Us Weekly. Is there a difference? Does it matter that the sources in those publications are journalists and here it is the original decision maker publicizing the basis of the decision? Does it matter that Ms. Kepcher voluntarily sought a position in the public eye? If so, what personal information would then be acceptable for Mr. Trump to share about Ms. Kepcher and what information would you consider too personal to be shared? Where should we, as a society, draw our legal and ethical lines? For instance, what about the extensive media coverage of speculation about Michael Jackson’s reputed drug use immediately after his death? Any ethical issues there? Is it the same as the Trump situation? If not, why?
Using Madoff’s financial crime event:
-Compare the selected event to the legislation enacted in reaction to it (the wrongdoing) (e.g., Sarbanes Oxley after Enron, Dodd Frank after the subprime mortgage crisis, etc.)
Identify any enforcement tools that were provided to the SEC, DOJ and/or other law enforcement to help bring wrongdoers to justice.
-Explain how the legislation reduced the prospect of such misconduct occurring again in the future or, alternatively, if the legislation missed the mark and, if so, why.
-Argue whether the legislation enacted damaged the objective of promoting capital formation, economic development or other economic interests.
The paper needs to be around 5000 words, double-spaced, and in Blue Book style.
I am unsure how many sources it should be for this size of the paper, so the writer’s comment is welcome. I am only putting 10 as a reference, but it could be less if it satisfies the paper, or if more is needed, that’s ok as well.
Case
Tom, Dick, and Harry have been best friends since kindergarten. Tom is the business brain of the group. Dick is the mechanical one and Harry is the creative one. All grown-up, the boys decided that they should start making some serious money to provide for their expanding families. The boys decided that they salvage small scrap metal pieces, nuts, and bolts from junkyards and salvage yards which Harry would design and Dick would cast and weld into decorative art pieces. Tom will raise money from friends and family and look for distribution channels. Dick has a step-daughter, Dorothy, who is 16 and mechanically inclined as well. Dorothy could be Dick’s apprentice. Harry’s wife, Helen, is a recent BBA graduate from Yorkville University specializing in marketing and she could be recruited to help with sales and marketing. Helen’s good friend, Fern, is an award-winning designer with a national home decor chain who the group might be able to induce to join them. Tom’s twin brother, Tim recently won the lottery and is pursuing his dream to be a photographer. Dick’s wife, Janine, is a real estate agent; she believes she has found an old warehouse in the industrial part of town that could be turned into their headquarters. The owner of the warehouse, Jordan, is retiring and open to the idea of selling or renting the space.
1. How might the business be structured?
2. What might be some of the legal issues that could arise in operating the business and selling the product?
3. What are some of the agreements that might be needed?
Based on the sources, answer the questions below in essay format: What was learned? Content Highlights: What concepts/principles resonated most with you, and what seems most relevant to your everyday life as an accountant? Spirit of Inquiry and Continuous Learning: What questions will you carry forward, either because of their inherent value to continue to inform or just because they remain perplexing?
This is your opportunity to reflect on where you are in your learning journey. Not just in terms of content, but also about how you are learning to “think like a lawyer.” Hopefully, when potential legal issues arise in your accounting practice, you will be able to spot them or better yet avoid them in the first place. It also allows you to reflect on the development of your written communication skills, increasingly important in a marketplace where more and more human interaction happens virtually.
Write 3 individual posts (paragraphs) of less than 250 words each to reply to both topics below (3 posts per topic, 6 in total)
Post with support from your text and/or outside resources (which you provide APA citations for) yet do so within our 250-word limit. If you are citing to the text, simply put the page number of the text at the end of the applicable sentence or section in your post. i.e. (Cheeseman, p.12).
IMPORTANT: End all posts with a critical thinking question. Think about these questions as going beyond being answered “yes” or “no”. You want to promote conversation.
Some notes on voice and protocol: “Voice” is developed within the discipline of making a statement of your position (support or refute) and then defending it with citations and references to support your point of view. Avoid beginning with “I think” or “In my opinion.” Claim your voice. You have a place at the discussion table. You must provide a supported point of view, away from opinion. In text citations support your position.
Be concise, 250-word limit. *Complete your post with a question that will deepen our inquiry – not like a quiz or written exam question, but a question that continues to examine the topic, looking for elements or challenges.
Topics for discussion (post 3 replies to each) are:
Topic 1: Contractual Remedies. In considering all of the possible remedies for contractual breach, choose one of the remedies and explain when a businessperson might select this one as the most appropriate remedy. Be sure to explain why. You may create a hypothetical situation or a situation from your own experience, a case in the text or a case from a reliable external source. (Do NOT use the remedies “monetary damages” nor “specific performance”)
Topic 2: Anticipating Difficulties. Consider either your present or a past employer. If that is not possible, select a possible future employer. Take into account the nature of the business and select ONE issue or idea in the chapter that may create difficulties for that employer and, perhaps, employees in enforcing contracts or in reacting to a breach of contract, existing or in negotiation. Describe what that is and explain why it would cause a difficulty.
