The legal environment of business : a critical-thinking approach

(NOTE: Each chapter concludes with a Summary.) I. AN INTRODUCTION TO LAW AND THE LEGAL ENVIRONMENT OF BUSINESS. 1. Critical Thinking and Legal Reasoning. The importance of legal reasoning. A critical thinking model. Using critical thinking to invigorate legal reasoning. 2. Introduction to Law, Ethics and the Legal Environment of Business. Definition of the legal environment of business. Definition of law and jurisprudence. Sources of law. Classification of law. Ethical theories and schools of thought for business decision-making. International dimensions of the legal environment of business. 3. International Legal Environment of Business. Dimensions of the international environment of business. Methods of engaging in international business. Risks of engaging in international business. Legal and economic integration as a means of encouraging international business activity. International dispute resolution. 4. Constitutional Principles. The Constitution. Federalism. Separation of powers. The impact of the Commerce Clause. The Contract Clause. The impact of the amendments on business. 5. The American Legal System. Jurisdiction. Venue. The structure of the court system. Actors in the legal system and their relationships to the business community. The adversary process. Steps in civil litigation and the role of business persons. International dimensions of the American legal system. 6. Alternative Tools of Dispute Resolution. Negotiation. Arbitration. Mediation. Mini-trials. Private trials. Summary jury trials. Criticisms of the trend toward ADR. International dimensions of alternative dispute resolution. 7. White Collar Crime and the Business Community. Crime and criminal procedure. Distinguishing features of white collar crime. Common white collar crimes. Prevention of white collar crime. Federal and state laws used to fight white collar crime. International dimensions of the collar crime. II. PRIVATE LAW AND THE LEGAL ENVIRONMENT. 8. The Law of Contracts. Definitions, sources, and classifications of contract law. Elements of a legal contract. Contracts that must be in writing. Parole evidence rule. Third-party beneficiary contracts and assignment of rights. Methods of discharging a contract. Remedies for a breach of contract. International dimensions of contract law. 9. The Law of Property: Real, Personal, and Intellectual. Real property. Interests in real property. Voluntary transfer of property. Involuntary transfer of property. Restrictions on land use. Personal property. Intellectual property. International dimensions of contract law. 10. The Law of Torts. Introduction to tort law. Classifications of tort. International dimensions of tort law. 11. Product and Service Liability Law. Theories of recovery in product liability cases. Enterprise liability. Service liability. International dimensions of product liability law. 12. Agency Law. Definitions and types of agency relationships. Creation of an agency relationships. Rights and duties of agents and principals. Principal and third party relationships. Termination of the principal-agency relationships. International dimensions of agency law. 13. The Law of Business Associations. Alternative forms of business organization. Factors influencing a business manager's choice of organizational form. Other forms of business associations. International dimensions of business associations. III. PUBLIC LAW AND THE LEGAL ENVIRONMENT OF BUSINESS. 14. Law of Administrative Agencies: Impact on Business and Society. Introduction to administrative law and administrative agencies. Creation of administrative agencies. Functions of administrative agencies. Limitations on administrative agencies - power. International dimensions of administrative agencies. 15. Laws Governing Labor-Management Relations. The role of labor unions -- alternative views. The structure of the primary labor laws. The National Labor Relations Board. Organizing a union. Collective bargaining. Other forms of collective activity. Workers Compensation. Occupational safety and Health Act. Family and Medical Leave Act. International dimensions of labor law. 16. Employment Discrimination. The employment-at-will doctrine. Constitutional prohibitions against discrimination. Federal statutes prohibiting discrimination. Executive orders program. International dimensions of employment discrimination. 17. An Introduction to Environmental Law, Policies, and Procedures. Alternative approaches to environmental protection. The Environmental Protection Agency. The National Environmental Policy Act of 1970. Regulating water quality. Regulating air quality. Regulating hazardous waste and toxic substances. The Pollution Prevention Act of 1990. International dimensions of environmental regulation. Regulation. 18. Rules Governing the Issuance and Trading of Securities. Introduction to the regulation of securities. Securities Act of 1933. Securities and Exchange Act of 1934. State regulation of securities. International dimensions of rules governing the issuance and trading of securities. 19. Antitrust Law: The Sherman Act. Introduction to antitrust law. Summary of federal antitrust statutes. Enforcement of the antitrust laws and exemptions from the statutes. Section 1 of The Sherman Act. International dimensions of The Sherman Act. 20. The Impact of the Clayton Act and Other Antitrust Statutes on Business Conduct and Managerial Decision Making. Price discrimination (Section 2 of The Clayton Act). Buyer discrimination. Defenses to price discrimination. Tying arrangements and exclusive dealing contracts (Section 3). Mergers and acquisitions (Section 7). Interlocking directories (Section 8). Other antitrust statutes. International dimensions of antitrust statutes. 21. Consumer Protection Law. Evolution of consumer law. An overview of government regulation of consumer-business relationships. The Federal Trade Commission Act of 1914. Federal laws regulating consumer credit and business debt-collection practices. Debt-collection practices. State consumer legislation. International dimensions of consumer protection. Appendices. Glossary. Index.