The Legal Environment of Business: A Managerial Approach: Theory to Practice
, by Melvin, Sean; Katz, Michael
- ISBN: 9780078023804 | 0078023807
- Cover: Hardcover
- Copyright: 1/9/2014
This textbook emphasizes bridging the gap between understanding legal doctrines that impact the business environment and how business owners and managers use legal insight to limit liability and manage risk. Its distinct approach focuses on using teaching features, simulations, case studies, examples, and case law that is accessible and engaging because it is specifically tailored for business students.
UNIT ONE: Fundamentals of the Legal Environment of Business
Chapter 1: Legal Foundations
- Definitions and Classifications of Law
- Jurisprudence and Theories of Law
- Understanding Law in a Global Context
Chapter 2: Business and the Constitution
- Overview and Importance of the U.S. Constitution
- Applying Constitutional Protections to Business
- Due Process
Chapter 3: The American Judicial System, Jurisdiction and Venue
- Role of the Judiciary in Public Policy and Government
- Types and Roles of Courts
- How the Law Develops in the Court System
- Jurisdiction and Venue in Business Planning
Chapter 4: Resolving Disputes: Litigation and Alternative Dispute Resolution Options
- Overview of Dispute Resolution Fundamentals
- Phase of Litigation and Trial Process
- Alternatives to Litigation
Chapter 5: Business, Societal and Ethical Contexts of Law
- Overview of Business Ethics
- Primary and Secondary Stakeholders
- Corporate Social Responsibility in a Market Economy
- Legal Regulation verses Ethical Obligations
- Ethical Decision-Making and Manager Dilemmas
UNIT TWO: Law and Commerce
Chapter 6: Overview and Formation of Contracts
- Historical Basis and Function of a Contract
- Definition and Types of Contracts
- Sources of Law
- Forming a Contract: Agreement, Consideration and the Statute of Frauds
- Defenses to Formation: Capacity, Legality and Genuineness of Assent
Chapter 7: Contract Performance: Conditions, Breach and Remedies
- Nature and Effect of Conditions
- Good faith Performance and Discharge
- Breach of Contract and Anticipatory Repudiation
- Remedies
- Third Party Rights
Chapter 8: Contracts for the Sale of Goods
- Introduction to UCC Article 2
- Formation of Sales Contracts
- Statute of Frauds
- Title and Risk of Loss
- Breach and Remedies
- International Sales of Goods
Chapter 9: Torts and Product Liability
- Tort Law: Introduction, Purpose and Applicability to Business
- Intentional and Competition Torts
- Negligence and its Defenses
- Alternate Liability Theories: Product Liability and UCC Warranties
UNIT THREE: Regulation in the Workplace
Chapter 10: Agency and Employment Relationships
- Agency as a Factor in Business Planning
- Agency Relationships: Creation and Termination
- Liability for Principals and Agents
- Fiduciary Duty of Agents
- Overview of At-will verses Contract Employee
- Implied Contracts and Employee Handbooks
Chapter 11: Employment Regulation and Labor Law
- Labor Unions and Collective Bargaining
- Rights of Non-Union Employees
- Unfair Labor Practices
- Employee Well-being: Protections and Benefits Under Federal and State Laws
- OSHA and Prevention of Workplace Accidents
Chapter 12: Employment Discrimination
- Origins of Federal Ant-discrimination Laws
- Title VII of the Civil Rights Act
- Protected Class Membership
- Discrimination Theories and Defenses
- Other Anti-Discrimination Laws: Age and Disability
Falstaff v. Revere Furniture Company
UNIT FOUR: Business Entities, Securities Regulation and Corporate Governance
Chapter 13: Choice of Business Entity, Sole Proprietorships and Partnerships
- Choosing a Business Entity and Business Planning Objectives
- Sole Proprietorships
- General and Limited Partnerships
- Fiduciary Duties of Partners
Chapter 14: Limited Liability Partnerships, Limited Liability Companies and Other Business Arrangements
- Hybrid Form of Entity
- Limited Liability Company
- Limited Liability Partnership
- Franchises
- Business Trusts
Chapter 15: Corporations
- Corporation as a Legal Entity and Categories of Corporations
- Limited Liability and Piercing the Corporate Veil
- Corporate Structure
- Fiduciary Duties of Officers, Directors and Controlling Shareholders
- Business Judgment Rule
- Shareholder suits
Chapter 16: Regulation of Securities, Corporate Governance and Financial Markets
- Overview of the Securities Market
- Securities Defined
- Categories of Securities
- Federal Regulation of Securities
- The Securities and Exchange Commission
- Exemptions
- Fraud and Insider Trading Under Rule 10(b)
- State Blue Sky Laws
- Regulation of Corporate Governance and Financial Markets
- Sarbanes-Oxley Fundamentals
- Regulation of Financial Corporations and TARP
UNIT FIVE: Regulatory Environment of Business
Chapter 17: Administrative Law
- Administrative Agencies
- Administrative Oversight
- Administrative Process
- Court Challenges
Chapter 18: Environmental Law
- How Environmental Regulation Impacts Business
- Federal and State Regulatory and Clean Up Schemes
- Enforcement of Environmental Laws and the Role of Watchdog Groups
- Regulation of Air
- Regulation of Water
- Regulation of Solid Waste and Hazardous Materials
Chapter 19: Antitrust and Regulation of Competition
- Restraint of Trade defined
- Horizontal and Vertical Restraints
- Federal Statutes Regulating Restraint
- Enforcement
Chapter 20: Creditors' Rights and Bankruptcy
- The Federal Bankruptcy Code and Business
- Individual Options for Bankruptcy
- Corporation Options for Bankruptcy
- Alternatives to Bankruptcy
- Statutory Protections for Debtors
Chapter 21: Consumer Protection Law
- Unfair or Deceptive Sales and Advertising Practices
- Product Quality and Functionality
- State Consumer Protection Laws
- Regulations on Credit Contracts and Debt Collection
Chapter 22: Criminal Law and Procedure in Business
- Overview of Criminal Law and Procedure
- Liability for Business Crimes: Officers and Managers
- Defenses to Corporate Criminal Liability
- Procedural Rights in Criminal Cases
Chapter 23: Personal Property, Real Property and Land Use Law
- Fundamentals of Ownership, Property Law and its Importance in Business
- Real Property verses Personal Property
- Public Control of Private Land Use and Ownership
Chapter 24: Intellectual Property
- Overview of Intellectual Property Protections
- Trade Secret Law and other Information Protections
- Trademarks, Service marks and Trade dress
- Copyrights
- Patents
- Enforcing Intellectual Property Rights Abroad
Chapter 25: International Law and Global Commerce
- Sources of International Law
- National Legal Systems
- Protections of International Competition and Trade
- International Courts and Dispute Resolution
- Understanding the Relationship Between U.S. Law and International Law
- Differences in Public Policy Objectives: Antitrust, the EU and Microsoft
Cool Runnings v. Big Buy.com
Capstone Case Study – The Odwalla Juice Company Crisis
Capstone Case Study – The McDonald's Game Piece Scandal
Appendices:A) A Business Student's Guide to Understanding Cases and Finding the Law
B) The Constitution of the United State of America
C) Excerpts from the Uniform Commercial Code
D) Excerpts from the Sarbanes-Oxley Act of 2002
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