This note, written to accompany "The NBA, China, and Social Media: What Are the Rules of the Game?" (UVA-E-0459) but useful in tandem with other cases, charts the history of freedom of speech in the United States. The US Constitution did not originally include the Bill of Rights (which contains the 1st through 10th Amendments), but after more than 200 years of legal and philosophical shifts, expression rights receive legal protection on a tiered system, with political speech enjoying the least abridgment, commercial and sexually explicit expression subject to some government censorship, and obscenity and fighting words enjoying no protection. This note focuses on political speech, summed up in the 1st Amendment: "Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This protection had its challenges over the years, with the most notable blow being the 1798 Sedition Act, which criminalized any questioning of the authority or laws of the US President or Congress. (Congress eventually allowed this act to expire), as well as some 20th century cases (for example, Schenck v. United States, 1919). The note touches on John Stuart Mill's 1859 On Liberty, which made philosophical arguments for the value of free expression that would come to undergird liberal legal interpretations of the 1st Amendment some hundred years later, as well as the repeated infringements of constitutional rights, including free expression during the US Civil War, the Espionage Act of 1917, and the Sedition Act of 1918, and other attempts to suppress free speech. Also referenced is theorist Alexander Meiklejohn, who, in 1949, outlined a highly influential philosophy on the limits of free expression.
This note describes how the Chinese Communist Party (CCP), founded in 1949, has attempted to create and maintain an official narrative of the country and regime that tilts toward the favorable and minimizes any negative. A key component of the historical narrative has been China's so-called Century of Humiliation, in which China suffered exploitation at the hands of various other nations. Mistreatment by foreigners resulted in China's being disadvantaged in unequal treaties, being impoverished by outrageous indemnity payments, and suffering territorial losses (e.g., Hong Kong and Macau) and violations of its sovereignty (e.g., foreign concessions). In announcing the founding of the PRC in 1949, CCP Chairman Mao Zedong said, ""Ours will no longer be a nation subject to insult and humiliation. We have stood up."" Reference to the Century of Humiliation and China's refusal to be controlled any longer was meant to inspire and motivate national pride in the Chinese people. In recent years, the influence of the national humiliation narrative has become increasingly apparent in China's international actions. The CCP has aggressively responded to perceived offenses by foreign entities, be they governments or companies, with public criticism and mobilization of Chinese netizens. This note was written to accompany ""The NBA, China, and Social Media: What Are the Rules of the Game?"" (UVA-E-0459), which outlines the Chinese reaction to 2019 social media posts sympathetic to protestors in Hong Kong. It gives background on the national humiliation narrative and its ongoing influence on China's relationship with its own people and with other nations.
Intuition can be a good guide for decision making when the current situation generally matches the situations in which the intuition was formed. But for novel or ambiguous situations, relying only on intuition can blind us to possible negative consequences by focusing our attention only on data that support our intuition. To reduce the likelihood of these errors and to better imagine and prepare for the outcomes of our choices, we use a decision-making framework. This note outlines the process of how to apply a framework.
The following note attempts to catalog and analyze a set of flawed but common arguments made in business and organizational settings to drive strategic and operational decision making. The arguments are deconstructed into syllogistic form-a set of premises leading to a conclusion-and analyzed for validity and soundness. The final part of this note pays attention to ways decision makers can avoid such bad arguments and the rationalization that often goes hand in hand with them.
Since ethics is an integral part of management, it is vital for managers to become comfortable with the language of ethics, and to understand how it is inextricable from the language of business. Students will examine key theories of ethics and how they apply to management decision making.
This note, intended to accompany the short booklet An Illustrated Book of Bad Arguments, discusses the logical framework behind argumentation and presents the basic logical rules necessary to reach sound conclusions. Throughout, it refers to the philosophical foundations of logical reasoning and attempts to address these concepts in the framework of management. By the end, diligent students should be able to identify the necessary structure and components of a sound argument-as well as the fatal attraction of unsound arguments-and be able to apply these ideas to create long-term value as leaders of firms and organizations.
This technical note provides an overview of religious discrimination law in the United States and provides managers with a meaningful understanding of their rights and obligations when an employee's religious beliefs or practices conflict with his or her work responsibilities. The analysis will touch on intentional discrimination and harassment ("I'm firing you because you're Christian/Jewish/other"), types of religious discrimination that are readily identifiable and resolvable. Less obviously, U.S. law requires that employers provide "reasonable accommodation" whenever a religiously neutral business practice interferes with an employee's religious practice; this reasonable accommodation doctrine is more complex and nuanced. Providing reasonable accommodation presents obstacles for managers that are as legalistically dense as they are financially treacherous. This note aims to help managers identify blatantly illegal practices but it also aims to assist management in navigating the gray areas where the law is underdeveloped or inconsistently applied. The law often provides vignettes of what managers legally can or cannot do, but neither laws nor cases interpreting them provide clear answers for managers attempting to handle challenging religious issues that arise in their firms. Finally, while digesting the information provided in this note, managers must remember that this analysis describes legal solutions, not managerial ones.
The 14 short vignettes presented in this exercise cover both religion and spirituality issues and are designed to facilitate a discussion on the place of religion in the workplace. They include a variety of religious beliefs, including Christianity, Judaism, Islam, and Hinduism. The instructor can use all 14 vignettes during one class session or choose to devote a separate class to each.
In 2014, tobacco giant Reynolds American Inc. (RAI) had to confront the rapidly evolving global tobacco industry landscape. E-cigarettes, once considered a fad, were becoming increasingly popular. Facing uncharted territory, tobacco companies were uncertain about how to most successfully enter this market and how to do so rapidly.
This public-sourced case was named the best finance case of 2013 in the 24th annual awards and competition sponsored by The Case Centre. It was designed for and works well in the latter portion of a GEMBA Financial Management and Policies course and in the early stage of a second-year MBA elective Financial Institutions and Markets course. The case is set in mid-2012 as the new co-CEOs of Deutsche Bank are about to speak in an analyst call. Students are the decision makers and have the opportunity to evaluate the various factors affecting a bank's situation in a changing global industry, such as leverage and credit quality, as well as to discuss the implications on Deutsche Bank and the banking sector more broadly of Basel III, the global regulatory reform. The students also have the opportunity to conduct a valuation of the bank. Investors were anxious to know whether the new co-CEOs would discuss the strategy of how Deutsche Bank planned to meet the new regulatory requirements, what effect Basel III would have on the company's profitability, and what lines of business it would focus on going forward in a new banking environment. They also wanted to know more about the benefits of the 2010 majority stake investment in Postbank, a German commercial bank. In class, this discussion also allows for a broader examination of the universal bank model and the role of banks within society.
This technical note on ethics builds on and further develops the conversation about ethics. It provides background, language, and concepts to identify and analyze managerial problems from an ethics perspective. The focus of our use of these tools is to help managers understand the ethical dimensions of their decisions and to make defensible choices. Part 1 provides a brief summary of four traditions in ethics that are a key starting point for discussing what ethics is and how it works. Part 2 takes the broad summary from Part 1 and uses it to form four "decision rules" that are focused on application and used by managers to understand the moral dimensions of a given case. Part 3 highlights some of the key moral dimensions of thinking about ethics in a global context and provides a number of useful resources. Part 4 presents a series of tools for pushing decision-making in order to foster better choices and to limit the tendency to "rationalize" decisions.
These 14 vignettes have been developed to facilitate a discussion on the place of spirituality or religion in the workplace. Developed primarily from public sources, but
James Bowman, a founding partner of a private equity fund manager based in New York City, has traveled to China to meet with a China Power Investment Corporation manager in the hope of cultivating a business relationship. But Bowman is flabbergasted when the manager, in what is supposed to be an introductory conversation, asks that Bowman deposit $800,000 into a Chinese banking account. The money, the manager assures Bowman, will be returned to him within 30 minutes. This request, Bowman understands, is about the principles of Confucianism, which many in China incorporate into their work and home lives. These principles involve building close, trusting relationships in business. Bowman realizes that he is being tested, and he is uncertain how to respond.
The manager of a large meatpacking factory has agreed to the request of his 100-plus Muslim workers who have asked to take breaks at sunset to properly observe the Muslim holy month of Ramadan. Although such an exception is an irregularity, the manager believes it is an appropriate response to the religious needs of such a large percentage of his employee base. But the requested breaks-at very precise times-have begun to interfere with the overall operation of the plant, resulting in a loss of productivity. Other employees have become irritated, believing they are carrying the burden of the break times and resenting what they see as preferential treatment. Because of the productivity issues, the other employees' complaints, and concerns about the credibility of his management, the manager considers reneging on his agreement with the Muslim workers.
The management of Telescope, a wildly popular online search engine, must deal with an impending crisis: a security breach in which information from thousands of users has been compromised. Technically-thanks to its carefully worded "terms of use"-the company is not financially liable for any ensuing damage. But Telescope prides itself on its commitment to acting responsibly. Its motto is "We Do Only Good," and the company has published a set of philosophies, including "Focus on the customer and harmony follows" and "Make money, not mischief." Telescope is well-respected in the Internet world for its non-corporate appearance and non-greedy attitude. Its IPO, almost 10 years ago, had been met with enthusiasm and the company had stellar revenues. The big question for CEO and Co-Founder Spencer Milo is, "How do the ideals and passion with which he had started Telescope come into play now?" He has to reconcile what the company stands for and how his organization can square its sense of purpose and faith with the actions that might be necessary to keep Telescope a thriving business.
Xerox Production Manager Jim Deese has to address the concerns of an employee who is uncomfortable with the company's "vision quests," or creative and spiritual retreats. Starting in the early 1990s, Xerox began conducting these vision quests as a means of invigorating production and innovation at the company, which had struggled over the years with product development and increasing competition. Xerox has worked hard to better its product, increase workforce communication, and enable employees to develop spiritually and embrace a higher vision, both work-related and personally. Some studies have shown that incorporating some element of spirituality helps to generate a happier and more creative workplace. Nonetheless, the employee, a professed atheist, is uncomfortable with the vision quests and the company's other mildly spiritual practices, and Deese must decide how to respond.
In 2007, J. W. "Bill" Marriott Jr., chairman and CEO of Marriott International, faced criticism from various groups about the fact that the Marriott hotels offered in-room adult entertainment. Because the Marriott family and organization was affiliated with the Mormon Church, which decried pornography, claiming that it was harmful to children, family, and society, critics assailed the company for not being true to Mormon values. In an attempt to make a decision, Bill Jr. reflected on the history of the Marriott Corporation and his family's deep ties to the Mormon Church and community. The company had been founded on his father's strong principles, and Bill Jr. knew that the ultimate decision had to adhere both to these principles and to his responsibility for the corporation's financial stability and the needs of its customers.
What happens when personal values and beliefs conflict with business decisions? This case, suitable for MBA, undergraduate, and executive learners, prompts engaging discussion of this issue. Oliver Sparling was a highly successful senior analyst at AFI International, a top consulting firm in Chicago with an open and tolerant workplace. He was also a gay man who had lived happily with his partner for over 10 years. Sparling encounters trouble, however, when one of the firm's clients, Bible Books, Inc., takes exception to his "inappropriate" openness about his sexuality (including wearing his commitment band). Sparling's boss calls him into the office and asks him to tone it down when he's at Bible Books, Inc. "These are not easy economic times," said the boss. "And this project is a big one for us. Basically, you're doing the company a favor if you lay low, and once the project is finished, it will be like it never happened. Besides, you know that you don't have anything to hide while you're at home here in Chicago. This is just for when you are in Birmingham." Sparling must decide what course of action to take.
Jess Smith, the recently hired director for the magazine division of a small contract publishing company in Manhattan, faces a dilemma when a client wants her company to produce images that go against Smith's personal beliefs. A project she inherited features pictures of a heavy metal band posing with anti-Christian and Satanic/devil worship images. A Christian, Smith finds these images blasphemous and also believes they promote behavior that is both pernicious to society and incongruent with her firm's mission. As the deadline for publishing the project fast approaches, Smith has to decide what to do.
This case picks up after the end of "ExxonMobil and the Chad-Cameroon Pipeline (A)" (UVA-E-0262), presenting additional facts, advancing in the story, and setting up a new and challenging decision to be made about the project.