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Law and Legal Reasoning: An Introduction
Gives prominence to Mr. Justice Holmes' Prediction Theory of the law as a practical--and by analogy to forecasting in finance and other functional areas of business--comfortable, and familiar way for businesspeople to think about the law. Law is defined as a forecast of what the relevant facts proving the presence or absence of those concepts or principles will turn out to be. The basis for the forecast of concepts is a hierarchy of sources beginning with statutes, followed in sequence by an assessment of case precedent and considerations of social advantage. -
Profit Globally, Give Globally
Two academics challenge U.S. multinational companies to match their increasing international sales with commensurate philanthropic giving outside the United States. -
Brazil at the Wheel
Taught in the second-year MBA elective on the Evolution of Global Business. Examines the costs and benefits of the Brazilian government's policies to encourage foreign multinationals to develop an automobile industry during the 1950s. A combination of incentives and market closure were used to attract foreign direct investment. Volkswagen responded more positively than the U.S. firms Ford and GM and was able to become market leader as a result. -
Ivar Kreuger and the Swedish Match Empire
Taught in Evolution of Global Business. Globalization and corporate fraud are the central themes of this case on the international growth of Swedish Match in the interwar years. Between 1913 and 1932, Ivar Kreuger, known as the "Swedish Match King," built a small, family-owned match business into a $600 million global match empire. Despite the economic and political disruptions of the interwar period, Swedish Match owned manufacturing operations in 36 countries, had monopolies in 16 countries, and controlled 40% of the world's match production. Kreuger companies lent over $300 million dollars to governments in Europe, Latin America, and Asia in exchange for national match monopolies. Relying on international capital markets to finance acquisitions and monopoly deals, by 1929 the stocks and bonds of Kreuger companies were the most widely held securities in the United States and the world. After Kreuger's 1932 suicide, forensic auditors discovered that Kreuger had operated a giant pyramid scheme. His accounts were ridden with fictitious assets, the truth hidden in a maze of over 400 subsidiary companies. Swedish Match's deficits exceeded Sweden's national debt. -
Weetman Pearson and the Mexican Oil Industry (A)
Taught in the MBA Evolution of Global Business course, a business history course on the growth of multinationals. Explores the role of the British entrepreneur Weetman Pearson in developing the Mexican oil industry before 1914. Shows this entrepreneur's evolution from a domestic British builder to an international contractor, building tunnels, railroads, and harbors worldwide, including the United States and Mexico. In Mexico, where Pearson developed close relations with the dictator Porfirio Diaz, the government awarded large oil concessions. In 1910, Pearson discovered one of the world's largest oil wells, and this was used as a basis to build an integrated oil company. But by 1918--when the case ends--Pearson is considering whether to sell his investment in the face of growing political risk. -
Can Florida Orange Growers Survive Globalization?
Florida Citrus Department has to deal with increasing competition from Brazil. What position should the industry take on its existing tariff? Who benefits? Who loses? -
Forgotten Strategy
Most multinationals see globalization as a matter of replication--spreading a single business model as widely as possible to maximize economies of scale. From this perspective, the key strategic challenge is choosing how much of the model to keep standard and how much to grudgingly adapt to local tastes. But focusing exclusively on that choice is a mistake, for it blinds companies to the very real opportunities they can still gain from arbitrage--from exploiting differences as opposed to similarities. Indeed, the scope for arbitrage is as wide as the differences that remain among countries, and those differences continue to be broad and deep. They can, in fact, be divided into four main categories: cultural, administrative, economic, and geographic. In each category, old opportunities persist and new ones are arising. Consider the continued cachet of French culture in its wines and haute couture or how swiftly the Finns have become known for their expertise in wireless communications. Clearly, legal and other administrative differences, particularly in tax laws and the cost of capital, remain large. So do purely economic wage differentials. Both the differences that make arbitrage valuable and the similarities that make replication important will remain with us for the foreseeable future, and combining the two, while necessary, is tricky. -
Globalizing Consumer Durables: Singer Sewing Machine Before 1914
Examines the global strategy of Singer, one of the world's first multinationals, before 1914. Singer, a U.S. pioneer of the modern sewing machine, established its first foreign factory in Scotland in 1867. Investments followed in manufacturing and marketing in other countries, especially Russia. By 1914, Singer held a remarkable 90% share of all sewing machine sales outside the United States and was the seventh largest firm in the world. Examines why sewing machines became one of the world's first global products and the entrepreneurial and organizational factors behind Singer's international success. Taught as the first case in the MBA elective Evolution of Global Business. -
2001 Crisis in Argentina: An IMF-Sponsored Default? (A)
At the end of 2001, Argentina's economy and society both appeared on the verge of collapse. Furious about controls imposed on the convertibility of their bank deposits into cash (the "corralito") and huge proposed government spending cuts amidst high unemployment and deteriorating social services, Argentines from all economic backgrounds took to the streets in protest. In violent rioting, stores were looted, buildings burned, and more than 22 people killed. The entire government was forced to resign. A succession of increasingly ineffectual presidents shuffled through the presidential palace, each seemingly more powerless to confront the crisis than the last. Meanwhile, the country's economic situation continued to deteriorate, and Argentina soon defaulted on its $141 billion in foreign debt outstanding in the largest sovereign default in history. On January 2, 2002, Eduardo Duhalde was selected interim president by Argentina's Congress--and would serve as Argentina's fifth president in two weeks. At the helm of Argentina's flailing economy, he had a number of important decisions to make. Among these were what to do with Argentina's decade-long peg to the dollar under the Convertibility Plan. -
2001 Crisis in Argentina: An IMF-Sponsored Default? (B)
Supplements the (A) case. -
Launching the European Food Safety Authority
The first food safety commission is established for the European Union. How does it handle food safety, scientific evaluations, and people's attitudes toward scientific changes in food growing and processing--for example, genetically modified organisms? -
Global Farmer and the Future of Soybean Production
Three farmers from three different countries are looking at the global soybean system and how to position themselves in the future. -
Financial Crises and Firm Performance
Financial crises could happen anywhere, although emerging markets were more seriously afflicted in recent times. Debilitating and massive shocks to bank liquidity, payments systems, and solvency were obvious characteristics of financial crises, as was panic, which was often precipitated by a sudden and dramatic loss of depositor and investor confidence. Companies operating in a region where a financial crisis had broken out could undergo corporate disasters as a result. Provides a general description of financial crises and macroeconomic warning signs of them. Also describes three major financial crises in the late 1990s and early 2000s, how the business sectors of the regions were affected, and how some companies managed to ride out the crises. -
Regulation and the Internet: Public Choice Insights for Business Organizations
Business regulation is greatly shaped by a theory from economics and political science called "public choice." Public choice argues that regulation is sought by existing business organizations as a means to create barriers to entry for new competitors--something incumbent firms cannot do alone in the competitive environment. The Internet introduces different, and more complex, relationships between business and regulatory institutions as the territorial jurisdiction of traditional governmental agencies erodes and control over technology standards by business and nongovernmental organizations arises. With some important caveats, public choice theory offers important insights into exchange relationships between regulatory institutions and firms operating on the Internet. Examines a specific application of public choice to the case of the Linux Standards Base, an Internet-based governing board for the open-source operating system. The Linux Standards Base provides an example of regulation where the regulatory institution is a nongovernmental entity. -
Sources of Corporate Environmental Performance
What motivates business firms to improve their environmental performance significantly? Why do some companies achieve better environmental performance than others? Through a study of 14 pulp mills in the United States, Australia, New Zealand, and Canada, this article shows that more stringent regulatory requirements and increasing political pressure have brought about large improvements and convergence in environmental performance over the last 30 years, with many mills exceeding compliance requirements. In addition, corporate environmental management style and social license pressures from local communities and environmental activists have prodded some facilities further beyond compliance than others, whereas economic pressures have limited just how far ahead facilities have been willing to move. -
Great Transition
As China's economy grows and opens further, the opportunity it presents to multinationals is changing. Foreign companies are moving to country development and new strategic choices. Now, foreign firms can actually go after the Chinese domestic market, and it's worth going after. Improvements in China's infrastructure, workforce, and regulatory environment are making it possible for companies to lower their costs to reap new competitive advantages. However, the reforms required for admission into the World Trade Organization will be politically difficult for China to implement, and its progress will be slowed by the scarcity of resources for the country's shaky banking system, the inadequacy of the social safety net, environmental problems, and local governments' cash shortage, among other things. But for at least the next ten years, multinationals should be the biggest winners in China. To reap the benefits, a multinational must properly nest its effort into its overall organization, show "one face to China" at the national level but also tailor local strategies, be wary of joint ventures, and mitigate risk, in particular the theft of intellectual property. -
Dell's Dilemma in Brazil: Negotiating at the State Level
Dell has recently concluded a site selection process in Brazil to determine where it will locate its manufacturing plant in that country, which will be its first manufacturing plant in Latin America. After a lengthy site selection process in the first half of 1998 involving five states in Brazil - São Paulo, Rio de Janeiro, ParanaÌ, Minas Gerais, and Rio Grande do Sul - Dell has decided to locate the plant in the state of Rio Grande do Sul, Brazil. Although a number of factors influence Dell's decision, one of them is the generous incentives that Governor Antonio Britto of the relatively centrist Partido do Movimento Democratico Brasileiro (PMDB) has offered Dell. However, after Dell makes this decision, a new governor, Olivio Dutra of the Partido dos Trabalhadores (PT, or Workers' Party) is elected in October 1998 and takes office in January 1999. The PT is a socialist party. Having made an issue of what he considered to be overly generous incentives offered to transnational corporations during his campaign, Governor Dutra seems likely to rescind the incentives that the Britto government had offered. Given this situation, Keith Maxwell, Dell's Senior Vice President for Worldwide Operations, must make a recommendation to Michael Dell. The case presents three possible options for Dell: (1) leave Brazil entirely; (2) move the plant to another state within Brazil; (3) try to renegotiate with Governor Dutra. -
New Partnership for Africa's Development
In a world context of international institutions such as the World Trade Organization and the International Monetary Fund and their interaction with developing countries, this case looks at an African development initiative to address its own problems: The New Economic Partnership for Africa's Development (NEPAD). With an emphasis on democracy and governance, NEPAD's primary objective is to eradicate poverty in Africa and bring long-term and sustainable political, economic, and social change to the region. Examines in depth this initiative "by Africans for Africans" and how it is likely to evolve. -
"The American Challenge:" Europe's Response to American Business
Examines the tensions multinationals cause by focusing on Europe's reaction to the growing U.S. multinational investment in the 20th century. Initially, Europeans rarely felt threatened by U.S. investments, however, tensions grew over time. After the Second World War, there was a major political and cultural storm over the "Coca Colonization" of France. Takes its name from the often-cited book by Jean Jacques Servan-Schreiber, published in 1967, which symbolized the ambiguous feelings of many Europeans toward U.S. investment. In other countries, U.S. management practices aroused antagonism. -
Multinational Corporations in Apartheid-era South Africa: The Issue of Reparations
Considers the lawsuits filed on behalf of victims of apartheid against multinationals who operated in South Africa prior to 1994. Reviews the debates about divestment from and sanctions against South Africa from the 1950s. Includes case studies of companies that divested--Eastman Kodak and IBM--and stayed--Royal Dutch/Shell and Johnson & Johnson. Concludes with evidence on the use of the Alien Tort Clains Act against corporations in other international contexts.