The Evolution of the Commerce Clause Business regulation is one of the most debated features of modern politics. Regulation is commonly known to effect business ability to be competitive in both internal and external markets. The federal government’s ability to regulate business has grown out of the judicial branches’ constant manipulation of the contextual meaning of various elements of the Constitution. The progressive manipulation is a non-debatable fact, but the overall benefits, or consequences is a hotbed for argument. Progressives carrying the belief the importance of a living constitution are pinned up against Originalist who quest to preserve the original founding fathers intentions behind the text of the constitution.
CHAPTER 2 QUIZ 1 | Which of the following best describes a company that follows the inherence theory of social responsibility? | a. | Managers are responsible to shareholders, but serve them best by being responsible to larger society. | | | b. | Managers answer only to shareholders and act only with shareholders interests in mind.
As a C-corporation the business, not the owner, would be held liable for any financial damages. Any accidents involving employees or customers would be the responsibility of the corporation to settle. Financially speaking incorporating is the best option because as a sole proprietorship the owner is currently paying a much higher tax rate versus the corporate tax rate. With the tax code being different for corporations there is better profit retention and security. The client also mentioned the issue of partnership and the selling of stock in order to expand the company.
N.L.R.B. v. FRIENDLY CAB CO., INC., 512 F.3d 1090 (9th Cir. 2008) OPINION by CALLAHAN, Circuit Judge: Congress enacted the National Labor Relations Act ("the Act") to protect the right of employees to participate in collective bargaining for the purpose of negotiating the terms and conditions of their employment. In an effort to avoid an application of the Act and its concomitant collective bargaining requirement, Friendly Cab Company, Inc. ("Friendly") maintains that its taxicab drivers are independent contractors, rather than employees, and are therefore excluded from the protections of the Act. After conducting an unfair labor practice proceeding, the National Labor Relations Board ("NLRB" or "Board") concluded that Friendly's taxicab
INDUSTRIAL REGULATION Industrial regulation focuses on control of businesses so that they produce economic outcomes that benefit society. These regulations were first started in the United States after the Civil War, where an expansion of business created monopolies and affected how consumers could purchase product. Governmental control was initiated through creation of regulations such as the Sherman Act of 1890, the Clayton Act of 1914. Regulation of industry affects the market by ensuring monopoly pricing doesn’t exist, which could negatively affect consumers and society. Monopolies harm the market by not allowing cost reductions as scene in a natural monopoly by avoiding high prices and restrictions in output of an unregulated monopoly.
Business owners can choose from one of several business options that the Internal Revenue Service’s offer in regards to tax (nbea.org, 2007). Antitrust law is to encourage corporate competition by restricting anti-competitive behavior. An example is a monopolization and, agreeing with a competitor on product price fixing. The antitrust laws require that each company establish prices and other terms on its own, without agreeing with a competitor. The government can stop businesses from merging or force businesses to divide into different companies to encourage competition (nbea.org,
It is not thought that adherence to original meaning is one alternative among many, a choice that might be made or that might not. (Whittington, 2008). It is dangerous to leave to the judges the authority to interpret the constitution in a way that cannot be free of subjectivity. Indeed, if the judge has his sole conscious to indicate the objective interpretation of a piece of original law, America will be subjugated under a regimen of contradictory interpretations. “Judges should not feel free to pour their own political values and ideals into the constitution” ( Whittington,2008, p162).
The claim that moral values cannot be derived from facts is grounded in the idea that facts are descriptive and informative whereas value propositions are prescriptive and imply that we ought to carry out certain action or act in a particular way. In essence, while facts give us information about the world itself, values tell us how we should act. It is accepted that facts are cognitive and are therefore know to be true or false. However, non-cognitivists support the idea that moral truths cannot be known due to the notion that any individual who is making moral judgements is not articulating their beliefs about the way the world is. Essentially, it is believed that there are no transcendent moral thoughts to be known or ascertained by individuals.
ALL WK 1, DQ’s: WK 1, DQ 1: What is a business’s obligation to build an ethical culture and balance its desire for profit with ethical responsibilities to employees, customers, society, and the environment? Ethics is different from one person to the next, so it is imperative that business clearly define the norm for staff members and management. The decisions organizations make influence more than business partners, affiliates, culture, and others. It is important for organizations center of attention on maximizing shareholder revenue. Therefore, maximizing profit without causing destruction to the business culture can be a balancing act for most organizations.
Pro forma financial information is generally used to illustrate the effects of transactions such as business combination, and change in capitalization. There are countless reasons on why companies use pro forma statement in their business, the most significant is the planning and control received when using pro forma. The process of using pro forma statements are less time consuming, they help businesses evaluate and make a better distinction between business plans (Scarborough, Wilson, & Zimmerer, 2009, p. 196). Pro forma statements are an excellent outlet for resources that will help a business forecast expected earnings should the company chose to merge with another company or even if the company wanted to sell off part of it operations (Scarborough, Wilson, & Zimmerer, 2009, p. 196). The pro forma statements are commonly used when applying for a business loan.