Case Study

You are the Chief Operating Officer for a small machine shop. The company has been in business for over 30 years. The company for the most part has been quite profitable although in recent years competition has increased and profits have fallen and the business is now losing money. About four years ago—in an attempt to help address this trend—the company began to offer water jet cutting services. A water jet machine uses an extremely fine sand grit mixed with

water. This solution is shot through a nozzle at high pressure to cut various materials. The advantage of such a machine is that you can obtain a very fine edge without using heat found in a laser machine which can distort the characteristics of the material being cut.

One of your sales staff has requested your input on pricing for the water jet cutting service regarding a potential new client. You have known the sales person as one who always wants to sell the best service at the lowest price rather than learn how to handle an objection. In any case, you agree to review the circumstances.

One of your existing clients is the UNO company for whom you have supplied various services over the years. The UNO company is a local business that specializes in stainless steel fabrication of conveyor systems. Your company has been supplying water jet cutting services to UNO for the last four years at $150/hr. which is consistent with local rates. UNO has the ability to purchase their own waterjet machine but up to this point UNO has preferred to work with you.

The second client is ECONO, a large company located in Selmer, New Jersey. You have not done business with ECONO before—thus, it would be all new business. You became aware of ECONO from a bid service that you subscribe to on a yearly basis. You are not sure at this time if the ECONO business would be ongoing relationship.

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James Madison wanted judges to be involved in assessing the wisdom, justice, and
technical precision of the laws, but only before they were passed. His proposal for a
“Council of Revision” was defeated in the Constitutional Convention, by advocates who
seemed to want the judges involved on far fewer questions about the law, only after a law
was passed. What arguments did both give for their positions? Which argument is better
supported, the one for prior judicial involvement or subsequent judicial review? Why?

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