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Ethics, Society & the Law. Jody Blanke, Professor Computer Information Systems and Law. The Law Evolves. “The laws of society are more powerful than any law that Congress can put on the books. Woe to any businessman who doesn’t read the laws of society and understand them.”
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Ethics, Society & the Law Jody Blanke, Professor Computer Information Systems and Law
The Law Evolves • “The laws of society are more powerful than any law that Congress can put on the books. Woe to any businessman who doesn’t read the laws of society and understand them.” • Tom Stephens, CEO of Manville Corporation, 1988
Law and Public Policy • “Public law – the formal rules embodied in constitutions, statutes enacted by legislatures, judicial decisions rendered by courts, and regulations promulgated by administrative agencies – both reflects and helps shape social expectations.” • Constance Bagley and Diane Savage, 2009
Corporate Social Responsibility • “There is one and only one social responsibility of business – to use its resources and engage in activities designed to increase profits so long as it stays within the rules of the game, which is to say, engages in open and free competition without deception or fraud.” • Milton Friedman, Nobel Prize winner, 1972 • A.P. Smith v. Barlow (1953)
1982 Chicago Tylenol Murders • Sept. 29 – the first of 7 people died after taking Tylenol capsules purchased in the Chicago area • Tylenol accounted for 15% of J & J’s net earnings of $468M in 1981 • Tylenol held 35% of the $1.2B painkiller market • Oct. 5 – J & J recalled 31 million bottles of Tylenol (worth an estimated $100M) • Tylenol quickly recaptured market share • Prompted change to caplet and tamper-evident safety seals on boxes and bottles
The Rules of Society • Regina v. Dudley and Stephens (1884)
Balancing Rights • Kelo v. New London (2005) • 90-acre development plan • 115 privately owned properties
Balancing Rights • Poletown v. Detroit (1981) • GM wanted to keep 6,000 jobs in Detroit • Poletown was 465 acres, had 4,200 residents, 1300 homes, 140 businesses, 6 churches, 1 hospital
Balancing Rights • Poletown 1961 Poletown 1997
Balancing Rights • Chattanooga, Baltimore
Promoting Values • Charitable Immunity • Flagiello v. Pennsylvania Hospital (1965) • Good Samaritan Laws • The Death of Lady Di • The Seinfeld Finale • Van Horn v. Watson (2008)