Showing posts with label guest blogger. Show all posts
Showing posts with label guest blogger. Show all posts

Tuesday, October 28, 2014

Guest Blogger: Robert Prentice - The Role of Role Morality in the North Carolina Athletic Academic Scandal

The Role of Role Morality in the North Carolina Athletic Academic Scandal

            Here’s a teachable moment.  Both business professors and students should pay close attention to the academic scandal at the University of North Carolina where “paper” courses were offered in disproportionate numbers to mostly football and basketball players in order to keep them eligible to play without requiring them to attend class, read, write, or learn anything.  For years grades for independent study classes in the Afro-American Studies Department were handed out on a “need” basis rather than an “earned” basis by office secretary Debby Crowder and, to a lesser degree, by department chair Julius Nyang’oro.  Plagiarism was rampant.  The utter lack of academic standards was unconscionable and inexcusable.  It greatly damaged UNC’s reputation as a university that could balance successful athletic programs with high academic standards.
            The important lesson here is not so much what happened as why it happened.  A natural conclusion might be that Crowder and Nyang’oro were corrupt, or greedy, or just bad people.  But the recently-released 131-page Wainstein Report makes it clear that Crowder and Nyang’oro did bad things, but not to line their pockets, or even to promote their department.  Their primary motivation was to help the students.  Crowder’s background led her to do almost anything to help students who were struggling, as she had once struggled herself.  Nyang’oro had taught two students athletes early in his career who had become academically ineligible and been forced to leave school. One had soon been murdered and the other ended up in prison.  Nyang’oro wished to avoid similar future tragedies.
            Crowder’s and Nyang’oro’s motives mirrored those of the teachers and administrators at the center of the Atlanta public school scandal that is still playing out.  In Atlanta, smart and dedicated teachers changed exam answers so that their students could pass standardized tests and their schools could stay open.  They thought their students had worked hard and were doing the best they could, so they cheated to prevent the students from being labeled as “failures” and having their schools closed down.  The motivation was understandable, but people are going to jail for their actions and, like UNC, the Atlanta school system will be under a cloud for years to come.
            The notion of role morality provides some context here.  Oftentimes people will do unethical things that they would not ordinarily do because of a role they perceive that they are playing inside an organization.  They might never lie to put money in their own pockets, but find themselves stretching the truth so that their company can meet its profit goals.  In their role as a “loyal employee,” they give themselves permission to be dishonest.  They might never cheat to advance their own career, but they do to help their child get into a better school than the child deserves.  In their role as “loving parent,” they give themselves permission not to live up to their normal standards.
            It is obviously easier to rationalize wrongdoing if we are doing it not to help ourselves but to help someone else, such as our students, our friends, our family, or our co-workers.  If students understand how role morality can make them vulnerable to taking unethical actions, they can guard against such mistakes.   It might be helpful for them to view the educational video on role morality at my school’s website:  http://ethicsunwrapped.utexas.edu/video/role-morality.  The video is easily-available, award-winning, and, best of all, free.

Robert Prentice
McCombs School of Business

University of Texas at Austin

Monday, October 28, 2013

Guest Blogger - Paula O'Callaghan: Stella Liebeck Scalded First by Coffee, Then by The Media

Paula O'Callaghan from the University of Maryland University College submits the following resource for use in class.

With the 20th anniversary of the verdict in Liebeck v. McDonald's approaching next year, Retro Report finally does the case justice, citing the relevant facts, evidence and discussing the settlement outcome.  What is particularly noteworthy about this twelve minute documentary, provided today on the front page of The New York Times website, is the depth of the research and the interviews with some of the actual participants in the case, such as the attorneys for both parties.  This is a great resource for debunking many of the myths that still surround this case.

Retro Report (Producer).  (2013, October, 21). Scaled by coffee, then news media [Video file].  Retrieved from http://nyti.ms/1fPUfhK

Click on the image below to go to the NY Times video site.


Wednesday, February 22, 2012

Guest Blogger, Janine Hiller: Google Trespass Case

ALSB member Janine Hiller from Virginia Tech shares the following case for use in class:

It occurred to me that one of the cases that I have long used in Internet Law actually resulted in a final verdict that illustrates trespass to land quite well, and relates to Streeview, of which students of course are well aware. It is not a brand new case, Boring v. Google settled in 2010, but I recently came across the website of the plaintiff's attorney chronicling the case which provides interesting and impassioned commentary on the power of Google and the rights of individuals. So other discussions can also be interesting.

Editor's note: The plaintiff's attorney's website is quite detailed.
Below is a news video from early in the life of this lawsuit:

Tuesday, November 1, 2011

Guest Blogger- Paula O'Callaghan: Colbert Showcases "Hot Coffee"

Paula O'Callaghan from University of Maryland University College submits the following resource for use in class.

Here's a possible classroom resource - it's Susan Saladoff from the Colbert Report on the Liebeck case and tort reform. 

Saladoff is very good as you'd expect, but my favorite part is Colbert's point that if we believe in "jury of our peers" then why isn't McDonald's, being a corporate person, entitled to a jury composed of Burger King, Jack--in-the-Box, and it's corporate peers?! 

That's a good one, isn't it?  Incidentally, this was sent to me by a student after I had covered the Liebeck case in class.  Hope you find it useful.

Editor's note.  The documentary, "Hot Coffee" is available on DVD beginning today, Nov. 1, 2011.

To access the video clip, click on the image below:

Friday, October 7, 2011

Guest Blogger: Donna Steslow - Causation Explained by a Rube Goldberg Music Video

Donna Steslow at Kutztown University submitted the following:

I am always trying to explain the concept of a Rube Goldberg type machine when discussing the Palsgraf case and proximate cause, but students have no idea what that is. I think this music video is great; it could illustrate the difference between causation in fact, proximate cause and foreseeability. Is the last step (getting doused with paint) foreseeable?

Monday, October 3, 2011

Guest Blogger: Henry Lowenstein - Gibbons v Ogden: Steamships, Slaves and Supremacy


Every term I assign 4 cases for my Legal Environment of Business class for students to read the majority opinion and write a 2 page mini-brief summary.  The first one is usually a Commerce Clause case since we start the course on foundations of the law.   This year I decided to use the old war horse, Gibbons v. Ogden.

In perusing the internet I found this wonderful YouTube video which is a 35 minute dramatization of the case done by the Judicial Conference of the United States in 1977.  (The late actor E.G. Marshall introduces it).  It can be a little dry at times but I sent it to my students.


The students who took the time to watch it say they were fascinated, particularly my African-American students who had no idea of the critical linkage between the Marshall Court making this decision and the post hysteria and unconstitutional law enactments here in South Carolina following the Denmark Vesey Slave Conspiracy at that time.  Below is what I sent my students:

Dear Students:

I have heard from some of you working your way through the Supreme Court decision in the case of Gibbons v. Ogden, your first case assignment coming up shortly.

For those of you interested I draw your attention to an outstanding 35 minutes dramatization of this case on YouTube at the following site: 
http://www.youtube.com/watch?v=QGTkRP4v8tM

This program, commissioned by the Judicial Conference of the United States in 1977, covers the issues and deliberations Chief Justice John Marshall and the then 7 member justices faced and how they ultimately crafted the unanimous decision you are reading.   Note as you watch it, the similarity between the issues and concerns then with what you hear in today's public debate on the role of the Federal government and its regulation of commerce.

What you may find more fascinating, is that the Court took this case as a legal linkage in dealing with events of the time happening in Charleston, South Carolina; the Denmark Vesey Slave Revolt Conspiracy of 1822 and its aftermath. That event led to a cruel and inflexible state law governing seamen passed by South Carolina which many felt impeded commerce.  One of the Justices, sitting as presiding Federal Judge over the region declared the South Carolina law unconstitutional. This helped push Chief Justice Marshall and the full Supreme Court to strongly affirm Federal supremacy over interstate commerce in Gibbons v. Ogden to deal with both situations.

I hope you will find this helpful, interesting and the acting superb.

Henry Lowenstein, PhD
Professor of Management and Law 

Friday, September 16, 2011

Guest Blogger: Henry Lowenstein - Punitive Damage Award: Time = Money

Henry Lowenstein from Coastal Carolina University sent in the following:

I thought you might be interested in this just published case from the Court of Appeals in South Carolina on punitive damages. Cody P. v. Bank of America, August 23, 2011.

The 11 page opinion is  written in very plain language is a good walk through for students of the Court's logic in determining punitive damages that pass constitutional muster and those that violate due process (re:  U.S. Supreme Court in BMW v. Gore, and, State Farm Ins. v. Campbell.)

The case is interesting from a business standpoint as it involved the failure of the Bank of America to properly handle a conservatorship account (trust account) that is set up by the Probate Court in this state to protect the insurance proceeds for a disabled child. At the end of the day, experts testified that it would have taken the bank one hour to properly set up the account with their established safeguards.  So the punitive award was calculated to equal the earnings of the Bank of America for one hour......$1,583,000.

editor's note:  I added the image below:


source of image: South Carolina Lawyers Weekly

Tuesday, February 15, 2011

Guest Blogger: Eve Brown, Indiana University - Torts Scavenger Hunt

Today's post features ALSB 2010 Master Teacher Competition finalist Eve Brown of Indiana University sharing a great idea for a class activity.  If you have an idea, video, case, website or other resource that you would like to share with other legal studies educators, I hope that you will consider sending it to me to be featured here as a guest blogger post for all to enjoy and access.  Here is Eve Brown's post:

One of the activities that I do in in my Legal Environment of Business course  is a tort scavenger hunt. I send my students out into the campus with cameras, and have them take photos of anything they see that might subject the university to liability under a negligence/premises liability theory. Then they write letters (they don’t send them) to the college’s board of trustees, identifying the most egregious things they saw and recommending ways of mitigating the school’s liability. It’s a great way to get them really engaged and thinking about law in the real world. Many come back and say that now they see torts everywhere they go.

Another fun aspect of the assignment is that we have a class Flickr account, so the students upload their photos, add comments and descriptions, and can compete with each other for most photos, best photos, etc.

It’s also nice because it allows me to see whether they understand the material or not. If they take photos of an apple tree and claim that an apple could fall on your head and you could sue the school (which they have claimed), I know that I need to clarify their understanding of tort liability. To differentiate the “good” or accurate photos from the not so great ones, I created a “Hall of Fame” album in Flickr that contains only the photos that actually do depict a legitimate problem for the school.

Below are examples of photos from the “Hall of Fame” album.  The quality of some of the photos was compromise din teh posting process, but if you click here, you should be able to get to the Flicker site where you may view all the pictures in a slideshow.
 IMAG0047 IMAG0048

IMAG0035  IMAG0037 IMAG0046 





Tuesday, January 18, 2011

Guest Blogger: Eve Brown, Indiana University - Trial Court Reality Check

The following post is from guest blogger Eve Brown of Indiana University. It includes the materials that she presented as a Master Teacher finalist at the 2010 ALSB conference in Richmond, Va. 

Many of our students aspire to be attorneys. Frighteningly, most of them have a severely distorted image of the legal profession, as well as of the judicial process. From watching television and movies, students believe that practicing law is filled with drama and glitz, and that courtrooms are hotbeds of passion and intrigue. They come to class imagining trials complete with last-minute epiphanies, surprise mystery guests, shouting attorneys and sobbing witnesses.
It may be worthwhile (and fun) to use a class session to “debunk” common courtroom myths, and to clarify the true intent of the civil judicial system – the reasonable, often boring, resolution of private disputes.
This Matlock clip illustrates an image of trials created by television. 


This movie clip from the movie, "Witness For The Prosecution" illustrates another image.



This clip is from a California election recount trial (Nguyen v. Nguyen)



Power Point slides to accompany Eve Brown's Master Teacher presentation.
Lecture Slides Master Teacher