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Thursday, October 26, 2017

Prof. Richard Custin Featured in "The Daily Transcript"

Tuesday, October 24, 2017 Leadership
Richard E. Custin, Clinical Professor of Business Law & Ethics at the University of San Diego School of Business, was interviewed and quoted in an October 16, 2017 article on "Co-working space operator questions tactics of rival" published by the The Daily Transcript.
The article references the trend that "As the number of shared office providers in San Diego continues to grow, so does the level of competition between companies hoping to attract new members. In downtown, the hunt for members is so fierce that the operator of one co-working space is alleging a rival company is using questionable tactics to poach clientele."
In the article, Professor Custin is quoted as saying: “market-research practices, such as gathering publicly available information online or "mystery shopping" at a competitor's location, are usually accepted as ethical behavior. Competitive intelligence is acting ethically and within the bounds of the law in obtaining information ... without fraud, trespassing or misrepresentation."

Wednesday, October 4, 2017

Kroc Article (Jesner v. Arab Bank) Cited in SCOTUSblog



http://www.scotusblog.com/2017/10/tuesday-round-up-397/

At the Kroc Peace Magazine, Richard Custin argues that by ruling in Jesner v. Arab Bank PLC that corporations can be held liable under the Alien Tort Act, the Supreme Court can “hold financial institutions accountable for failing to detect unethical financial transactions.”

Edith Roberts, Tuesday round-up, SCOTUSblog (Oct. 3, 2017, 7:15 AM), http://www.scotusblog.com/2017/10/tuesday-round-up-397/ 


Custin, Richard E., Legal Remedies for Corporate Human Rights Abuse (Jesner v. Arab Bank) (September 27, 2017). Kroc Peace Magazine, 10th Anniversary Edition, pp. 41-42, Forthcoming. Available at SSRN:

Saturday, September 30, 2017

Legal Remedies For Corporate Human Rights Abuse (Jesner v. Arab Bank)

Legal Remedies for Corporate Human Rights Abuse (Jesner v. Arab Bank)

Kroc Peace Magazine, 10th Anniversary Edition, pp. 41-42, Forthcoming
Posted: 29 Sep 2017  

Richard E. Custin

University of San Diego- School of Business Administration; Joan B. Kroc School of Peace Studies
Date Written: September 27, 2017

Abstract

In the era of globalization and corporate social responsibility, victims of human rights abuses must be heard, including access to American courts. When a corporation violates the law of nations, U.S. federal courts should stand ready to provide a remedy to victims of corporate abuse
Keywords: Jesner, Jesner v. Arab Bank, Supreme Court, SCOTUS, Human Rights, Abuse, Legal, Alien Tort Statute, Corporations, Federal Court, Jurisdiction
JEL Classification: K41, K42, K13

Custin, Richard E., Legal Remedies for Corporate Human Rights Abuse (Jesner v. Arab Bank) (September 27, 2017). Kroc Peace Magazine, 10th Anniversary Edition, pp. 41-42, Forthcoming. Available at SSRN: https://ssrn.com/abstract=3043920

Wednesday, September 6, 2017

First Day Assignment and Required Text

In preparation for the first day of class, please obtain the required class text:
Employment & Labor Law, 9E, Cengage, Cihon & Castagnera (2017) ISBN: 978-1-305-58001-5
You must bring the required text to the first day of class.  Your text must be the 9E edition listed above.  No previous, custom or electronic editions are allowed.  You may not share a text in class.  No exceptions.  Please do not order a text on-line from a 3rd party source unless the text will be available for the first day of class.  I have been advised that the USD Torero / Bookstore has textbooks in stock.
Please also read & study pages 3-19 for the first day of class and prepare written answers to questions 1-10 on pages 18 & 19.  I will collect your word processed answers at our initial class meeting.

Not having the required text on the first day of class and/or not completing the first day assignment will adversely impact your overall course grade.

Business & Society- Custin- Fall 2017- Syllabus

 


University of San Diego
School of Business

     ETLW 302D  11:15-12:10 MWF

Business and Society
Fall 2017





Professor Richard E. Custin, J.D., LL.M.
Email:  rcustin@sandiego.edu
Coronado 216                                                                                                                                    
Office Hours- M 9:00-11 A. M. and WF 9:30-11 A.M. and as arranged
(619) 260-4854                                                                                                                                  




Course Description:

This course examines principles of social responsibility, ethics, law, and stakeholder theory as they apply to organizations domestically and abroad. Coverage includes business ethics; individual versus societal interests; labor and employment issues; consumer protection; discrimination and diversity; the natural environment; politics, public policy, and government regulation of business. Particular attention is given to developing moral reasoning skills. Prerequisite: MGMT 300.

Course Objectives:

As a result of this course, you will be able to:

1.     Reflect on and evaluate your own ethical decisions, actions, and practices, as well as your obligations as a morally responsible agent.
2.     Describe and analyze key ethical concepts (e.g., justice, happiness, the good, moral value, virtue, dignity, rights, equality, etc.) as they apply to organizations.
3.     Reason ethically by drawing on major ethical theories and traditions (e.g., virtue ethics, feminist ethics, Catholic social thought, deontological ethics, consequentialist theories, etc.) or the values grounding those traditions (e.g., autonomy, utility, etc.) to normatively assess individual, professional, and institutional decisions.
4.     Analyze a contemporary ethical issue from multiple perspectives, including identifying potential biases on the basis of social location (e.g., historical, cultural, gender, racial, economic, religious, ability, etc.).
5.     Develop, articulate, and defend a well-reasoned judgment on a particular ethical issue in business, demonstrating nuance and ambiguity, as well as clarity and precision, in your thinking and writing about moral problems, concepts, and ideals.
6.     Illustrate the importance of stakeholders to decision making via stakeholder mapping.
7.     Identify and formulate effective diversity, ethics and corporate social responsibility policies.
8.     Debate the benefits and costs of globalization with regard to the population of the world at the Base of the Pyramid.




Key topics to be covered this semester are:

     
The relationship between ethics, morality and law

Key ethical concepts as related to organizations- discrimination, diversity, equal pay, minimum wage, affirmative action

Major ethical theories- consequentialism, Kantian deontology, natural law and virtue ethics

Contemporary ethical issues from multiple perspectives

The importance of stakeholders- stakeholder mapping- defined benefit and defined contribution retirement plans, workers compensation and unemployment compensation

Effective diversity policies- disparate impact (4/5 rule) and disparate treatment, crisis management, peacemaking, alternative dispute resolution, arbitration and mediation

Globalization and international law- the Base of the Pyramid

Catholic Social Thought is a rich heritage of wisdom and a living tradition of the Church's commitment to work for a just and peaceful society. Concerned about the moral quality of social life, this tradition expresses the Church's understanding of society and continuously explores the social demands of the Catholic faith. Source:  https://www.sandiego.edu/cst/

    


     


     

     





Required Course Materials: (must be obtained in advance of first day of class- must also complete first day assignment)

Cihon and Castagnera, Employment and Labor Law, 9E, Cengage Learning
(978-1-305-58002-2)

Previous, custom or electronic editions are not acceptable.  You may not “share” a book with another student in the class. 






Course Requirements and Student Evaluation: 

Attendance:

We expect that students will attend all scheduled classes. Please do not enter the classroom late.  If you arrive late and the class is in session, please do not knock on the door or otherwise interrupt the discussion or activity. Please wait until the next break time to enter the classroom.

Participation:

Active participation is the key to success in this course.  You must bring your text to each class meeting.  No exceptions.  You must be prepared to discuss each case that is assigned for reading and study.  You are encouraged to participate in class and on the class blog. 


Caveat:

You must be prepared to discuss the material assigned and the cases in the required text. In the event you are unprepared for any class question or case discussion your overall cumulative grade points may be reduced five points for each instance you are unprepared.  We need your active participation.

I may contact you via e-mail with information concerning class cancellations, assignments, due dates and supplemental reading.  An e-mail message created and sent to you creates a presumption that the e-mail was received and read by you.  Please check your e-mail regularly! 

No make-up examinations will be provided.  No assignments will be accepted after the announced due date.

Please remember to silence your cell phone during class.  No computers or other electronic devises are permitted during class lecture or discussion.  Unauthorized use of any electronic device during an examination will result in a failing grade.

Please do not request a specific grade or advise the instructor that you need a grade to maintain a scholarship or for some other reason.  Requesting a grade or attempting to influence the instructor concerning grading constitutes professional misconduct. 

Unless approved in writing by the instructor, any audio or video recording of the lecture or class discussions is strictly prohibited.

Unless expressly provided by the instructor, you may not submit assignments as electronically or as attachments.  Please retain copies of all written assignments you submit.


Grading:


Scale:  A+ 100-97, A 96-92, A-91-90, B+89, B 88-82, B-80-81, C+ 79, C 78-72, C-71-70, D+ 69, D 68-62, D- 61-60, less than 60=F

3 tests - 40% - Multiple Choice

Final Examination- Essay and/or multiple choice- Comprehensive - 40%

Class Participation and Professionalism- 10%

Individual and Group Assignments- 10%

Important: Earning a grade of A or A- in the course also requires that you were prepared for each class meeting, maintained professionalism at all times, completed all class assignments and actively participated in class discussions.





Statement on Academic Integrity: 

“All members of the University community share the responsibility for maintaining an environment of academic integrity since academic dishonesty is a threat to the University. Acts of academic dishonesty include: a) unauthorized assistance on an examination; b) falsification or invention of data; c) unauthorized collaboration on an academic exercise; d) plagiarism; e) misappropriation of resource materials; f) any unauthorized access of an instructor's files or computer account; or g) any other serious violation of academic integrity as established by the instructor.”

School of Business Administration Mission Statement:

To develop socially responsible business leaders with a global outlook through academically rigorous, relevant, and values-based education and research.



Disclaimer


The lectures, discussions, assignments, personal interaction and all educational activity are information and not legal advice.  If you need legal, tax or any other professional advice, consult a licensed attorney or other qualified professional.  The Professor is not providing legal or other representation to any student.  No attorney client privilege is intended or implied.





Tentative Schedule- Subject to Change

Class
Topics
Assignments/Deliverables
Week 1



Ethical Theories and Reasoning

Overview of Employment and Labor Law


Stakeholder Approach and Mapping

Consequentialism, Deontology, Natural Law, Virtue Ethics, Catholic Social Thought
Chapter 1 (first day assignment due at the first class meeting on September 6, 2017)

Handouts: Theories of Ethical Reasoning, Theories of Ethics and Ayn Rand Quotes

Video: Introduction To Stakeholder Maps




 


Week 2

Employment Contracts and Wrongful Discharge
Chapters 2

Reading: The At-Will Presumption and Exceptions to the Rule






Week 3
Employee Privacy Rights- Business Ethics- Global Perspective

Corporate Social Responsibility


Chapters 4 & 5
Handout: Privacy Template

Group Stakeholder Exercise

Test # 1

Week 4-5

Title VII of the Civil Rights Act and Race Discrimination

Identifying Potential Bias
Diversity

Chapter 6
Handout: Managing Business Ethics: Straight Talk About Doing it Right

Reading: Uniform Guidelines on Employee Selection Procedures





Week 6
Gender and Family Issues

Chapter 7

Reading:  Fetal Protection Policies, UAW v. Johnson Controls


Test # 2

Week 7
Discrimination Based on Religion and National Origin
Chapter 8


Week 8
Discrimination Based on Age
Chapters 9


Week 9
Discrimination Based on Disability
Chapter 10
Test # 3
Week 10-11
The Rise of Organized Labor

Corporate Social Responsibility

Benefits and Challenges of Globalization

Globalization and the Base of the Pyramid

Economic Inequality
Chapter 12

Reading: Corporate Responsibility under the Alien Tort Act

Reading: Globalization, Labor Markets, and Inequity


Week 12
The Unionization Process and Unfair Labor Practices
Chapters 13 & 14





Week 13-14
Stakeholders

Employee Safety Nets- Unemployment, Workers Compensation & Social Security

Defined Benefit and Defined Contribution Plans
Chapter 21 & 22
Handout:  Lincoln Quotes




Final Examination

Comprehensive Final Examination Friday, December 22 from 11-1 P.M.
















Monday, January 2, 2017

Welcome to Business and Society- Intersession- January 2017 Syllabus







University of San Diego
School of Business

                              

Business and Society- ETLW 302D-01
MTWRF 9-11:50 A.M.
January 3 to January 23, 2017
Olin 130




Professor Richard E. Custin, J.D., LL.M.
Email:  rcustin@sandiego.edu
Coronado 216                                                                                                                                    
Office Hours- MTWRF 8-8:45 A.M. and as arranged
(619) 260-4854                                                                                                                                  




Course Description:

This course examines principles of social responsibility, ethics, law, and stakeholder theory as they apply to organizations domestically and abroad. Coverage includes business ethics; individual versus societal interests; labor and employment issues; consumer protection; discrimination and diversity; the natural environment; politics, public policy, and government regulation of business. Particular attention is given to developing moral reasoning skills. Prerequisite: MGMT 300.

Course Objectives:

As a result of this course, you will be able to:

1.     Reflect on and evaluate your own ethical decisions, actions, and practices, as well as your obligations as a morally responsible agent.
2.     Describe and analyze key ethical concepts (e.g., justice, happiness, the good, moral value, virtue, dignity, rights, equality, etc.) as they apply to organizations.
3.     Reason ethically by drawing on major ethical theories and traditions (e.g., virtue ethics, feminist ethics, Catholic social thought, deontological ethics, consequentialist theories, etc.) or the values grounding those traditions (e.g., autonomy, utility, etc.) to normatively assess individual, professional, and institutional decisions.
4.     Analyze a contemporary ethical issue from multiple perspectives, including identifying potential biases on the basis of social location (e.g., historical, cultural, gender, racial, economic, religious, ability, etc.).
5.     Develop, articulate, and defend a well-reasoned judgment on a particular ethical issue in business, demonstrating nuance and ambiguity, as well as clarity and precision, in your thinking and writing about moral problems, concepts, and ideals.
6.     Illustrate the importance of stakeholders to decision making via stakeholder mapping.
7.     Identify and formulate effective diversity, ethics and corporate social responsibility policies.
8.     Debate the benefits and costs of globalization with regard to the population of the world at the Base of the Pyramid.




Key topics to be covered this semester are:

     
The relationship between ethics, morality and law

Key ethical concepts as related to organizations- discrimination, equal pay, minimum wage, affirmative action

Major ethical theories- consequentialism, Kantian deontologism, natural law and virtue ethics

Contemporary ethical issues from multiple perspectives

The importance of stakeholders- stakeholder mapping- defined benefit and defined contribution retirement plans, workers compensation and unemployment compensation

Effective diversity policies- disparate impact (4/5 rule) and disparate treatment, crisis management, peacemaking, alternative dispute resolution, arbitration and mediation

Globalization and international law- the Base of the Pyramid

Catholic Social Thought is a rich heritage of wisdom and a living tradition of the Church's commitment to work for a just and peaceful society. Concerned about the moral quality of social life, this tradition expresses the Church's understanding of society and continuously explores the social demands of the Catholic faith. Source:  https://www.sandiego.edu/cst/

    


     


     

     





Required Course Materials: (must be obtained in advance of first day of class- must also complete first day assignment)

Cihon & Castagnera, Employment and Labor Law, 9E, Cengage Learning
(978-1-305-58002-2)

Previous, custom or electronic editions are not acceptable.  You may not “share” a book with another student in the class. 






Course Requirements and Student Evaluation: 

Attendance:

We expect that students will attend all scheduled classes. Please do not enter the classroom late.  If you arrive late and the class is in session, please do not knock on the door or otherwise interrupt the discussion or activity. Please wait until the next break time to enter the classroom.

Participation:

Active participation is the key to success in this course.  You must bring your text to each class meeting.  No exceptions.  You must be prepared to discuss each case that is assigned for reading and study.  You are encouraged to participate in class and on the class blog. 


Caveat:

You must be prepared to discuss the material assigned and the cases in the required text. In the event you are unprepared for any class question or case discussion your overall cumulative grade points may be reduced five points for each instance you are unprepared.  We need your active participation.

I may contact you via e-mail with information concerning class cancellations, assignments, due dates and supplemental reading.  An e-mail message created and sent to you creates a presumption that the e-mail was received and read by you.  Please check your e-mail regularly! 

No make-up examinations will be provided.  No assignments will be accepted after the announced due date.

Please remember to silence your cell phone during class.  No computers or other electronic devises are permitted during class lecture or discussion.  Unauthorized use of any electronic device during an examination will result in a failing grade.

Please do not request a specific grade or advise the instructor that you need a grade to maintain a scholarship or for some other reason.  Requesting a grade or attempting to influence the instructor concerning grading constitutes professional misconduct. 

Unless approved in writing by the instructor, any audio or video recording of the lecture or class discussions is strictly prohibited.

Unless expressly provided by the instructor, you may not submit assignments as electronically or as attachments.  Please retain copies of all written assignments you submit.


Grading:


Scale:  A+ 100-97, A 96-92, A-91-90, B+89, B 88-82, B-80-81, C+ 79, C 78-72, C-71-70, D+ 69, D 68-62, D- 61-60, less than 60=F

2 tests - 40% - Multiple Choice

Final Examination- Essay and/or multiple choice- Comprehensive - 40%

Class Participation and Professionalism- 10%

Individual and Group Assignments- 10%

Important: Earning a grade of A or A- in the course also requires that you were prepared for each class meeting, maintained professionalism at all times, completed all class assignments and actively participated in class discussions.


Statement on Academic Integrity: 

“All members of the University community share the responsibility for maintaining an environment of academic integrity since academic dishonesty is a threat to the University. Acts of academic dishonesty include: a) unauthorized assistance on an examination; b) falsification or invention of data; c) unauthorized collaboration on an academic exercise; d) plagiarism; e) misappropriation of resource materials; f) any unauthorized access of an instructor's files or computer account; or g) any other serious violation of academic integrity as established by the instructor.”

School of Business Administration Mission Statement:

To develop socially responsible business leaders with a global outlook through academically rigorous, relevant, and values-based education and research.



Disclaimer


The lectures, discussions, assignments, personal interaction and all educational activity are information and not legal advice.  If you need legal, tax or any other professional advice, consult a licensed attorney or other qualified professional.  The Professor is not providing legal or other representation to any student.  No attorney client privilege is intended or implied.





Tentative Schedule- Subject to Change

Class
Topics
Assignments/Deliverables
Week 1



Ethical Theories and Reasoning, Overview of Employment and Labor Law- Stakeholder Approach

Consequentialism, Deontology, Natural Law, Virtue Ethics, Catholic Social Thought
Chapter 1 (first day assignment due at the first class meeting on January 3)
Handout: Theories of Ethical Reasoning, Theories of Ethics and Ayn Rand Quotes



Employment Contracts and Wrongful Discharge
Chapters 2



Employee Privacy Rights- Business Ethics- Global Perspective
Chapters 4 & 5
Handout: Privacy Template and Group Stakeholder Exercise

Test # 1 (Friday, January 6)

Week 2

Title VII of the Civil Rights Act and Race Discrimination

Identifying Potential Bias
Chapter 6
Handout: Managing Business Ethics: Straight Talk About Doing it Right

Gender and Family Issues

Chapter 7


Discrimination Based on Religion and National Origin
Chapter 8



Discrimination Based on Age
Chapters 9


Week 3- (No Class MLK Day- January 16)
Discrimination Based on Disability
Chapter 10
Test # 2 (Friday, January 13)

The Rise of Organized Labor- Corporate Social Responsibility
Chapter 12

The Unionization Process and Unfair Labor Practices
Chapters 13 & 14






Stockholders- Employee Safety Nets- Unemployment, Workers Compensation and Social Security
Chapter 21 & 22
Handout:  Lincoln Quotes




Final Examination

Comprehensive Final Examination Monday, January 23