AT LEAST 250 WORDS EACH, PLEASE SEPARATE EACH DISCUSSION AND CITE ALL REFERENCES
Private University, a private nonprofit educational institution located in California, decides to issue “Shares in Learning” certificates in a one-time offering to the public. These shares will be sold for $500 each and entitle the bearer to redeem each certificate for two undergraduate or one graduate college credit in any of its schools at any time in the future. The shares may also be resold without restriction by the initial purchaser. The offering will be made via the Internet.
Will the offering need to be registered with the Securities and Exchange Commission (SEC) under the Securities Act of 1933? Explain. Does your answer differ if “Shares in Learning” are issued by Private College, a proprietary for-profit institution that does business in all 50 states? Why?
In 2011, AT&T attempted a merger with T-Mobile. The Justice Department sued under the act, claiming that the merger would constitute a violation of the antitrust laws. In 2012, AT&T dropped its attempt at the acquisition.
If AT&T had merged with T-Mobile, would the merger have violated antitrust laws? Why, or why not? Do not be unduly influenced by the Justice Department’s stance on the issue. Use your own analysis to reach a conclusion.
Some argue that government needs to increase its regulation of business for the good of society as a whole. Others believe that the marketplace is self-regulating and that government intervention through needless regulation places an unfair, costly burden on businesses in general and on small businesses in particular. What role do you believe government regulation should play to ensure ethical conduct by businesses? How do different political viewpoints potentially shape the answer to this question?
Which do you believe presents the greatest threat to civil society: a corporation that commits crimes (e.g., murder, environmental crimes, or bribery), or persons who commit crimes that harm businesses (e.g., embezzlement, fraud, or larceny)? Defend your response, using at least one example from current events.
After viewing the Chinese Imports & Food Safety (Links to an external site.) video, consider whether U.S. retailers that utilize products or raw ingredients that are imported from China and are poorly regulated should be liable in tort for injuries to consumers who are harmed by those products. Answer parts a and b of the prompt.
- For this part of the prompt, answer one of the following points:
- If U.S. companies should not be liable, then they could be legally exempt from tort liability. Discuss the consequences of such a policy to U.S. consumers.
- If the U.S. companies should be liable, then those companies would not be legally exempt from tort liability. Discuss the consequences of such a policy to U.S. businesses.
- Regardless of your response to part a, assume that U.S. retailers do have legal liability for defective products. What steps could U.S. retailers and manufacturers take when using products imported from China that would minimize their liability exposure? For example, they could warn consumers about the potential, though speculative, dangers when using products comprised of poorly regulated ingredients or components. Given your strategy, what challenges would exist for U.S. businesses that implemented your strategy?