The Legal Environment of Business: A Managerial Approach: Theory to Practice

Hardcover
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Author: Sean Melvin

ISBN-10: 0073377694

ISBN-13: 9780073377698

Category: Business Law - General & Miscellaneous

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.

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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 BusinessChapter 1: Legal FoundationsDefinitions and Classifications of LawJurisprudence and Theories of LawUnderstanding Law in a Global ContextChapter 2: Business and the ConstitutionOverview and Importance of the U.S. ConstitutionApplying Constitutional Protections to BusinessDue ProcessChapter 3: The American Judicial System, Jurisdiction and VenueRole of the Judiciary in Public Policy and GovernmentTypes and Roles of CourtsHow the Law Develops in the Court SystemJurisdiction and Venue in Business PlanningChapter 4: Resolving Disputes: Litigation and Alternative Dispute Resolution OptionsOverview of Dispute Resolution FundamentalsPhase of Litigation and Trial ProcessAlternatives to LitigationChapter 5: Business, Societal and Ethical Contexts of LawOverview of Business EthicsPrimary and Secondary StakeholdersCorporate Social Responsibility in a Market EconomyLegal Regulation verses Ethical ObligationsEthical Decision-Making and Manager DilemmasUNIT TWO: Law and CommerceChapter 6: Overview and Formation of ContractsHistorical Basis and Function of a ContractDefinition and Types of ContractsSources of LawForming a Contract: Agreement, Consideration and the Statute of FraudsDefenses to Formation: Capacity, Legality and Genuineness of AssentChapter 7: Contract Performance: Conditions, Breach and RemediesNature and Effect of ConditionsGood faith Performance and DischargeBreach of Contract and Anticipatory RepudiationRemedies Third Party RightsChapter 8: Contracts for the Sale of GoodsIntroduction to UCC Article 2Formation of Sales ContractsStatute of FraudsTitle and Risk of LossBreach and Remedies International Sales of GoodsChapter 9: Torts and Product LiabilityTort Law: Introduction, Purpose and Applicability to BusinessIntentional and Competition TortsNegligence and its DefensesAlternate Liability Theories: Product Liability and UCC WarrantiesBusiness Law Simulation for Managers #1: Restrictive Covenants in ContractsNeurology Associates, LLP v. Elizabeth Blackwell, M.D.UNIT THREE: Regulation in the WorkplaceChapter 10: Agency and Employment RelationshipsAgency as a Factor in Business PlanningAgency Relationships: Creation and TerminationLiability for Principals and AgentsFiduciary Duty of AgentsOverview of At-will verses Contract EmployeeImplied Contracts and Employee HandbooksChapter 11: Employment Regulation and Labor LawLabor Unions and Collective BargainingRights of Non-Union EmployeesUnfair Labor Practices Employee Well-being: Protections and Benefits Under Federal and State LawsOSHA and Prevention of Workplace AccidentsChapter 12: Employment DiscriminationOrigins of Federal Ant-discrimination LawsTitle VII of the Civil Rights ActProtected Class MembershipDiscrimination Theories and Defenses Other Anti-Discrimination Laws: Age and DisabilityBusiness Law Simulation for Managers #2: Employment DiscriminationFalstaff v. Revere Furniture CompanyUNIT FOUR: Business Entities, Securities Regulation and Corporate GovernanceChapter 13: Choice of Business Entity, Sole Proprietorships and PartnershipsChoosing a Business Entity and Business Planning ObjectivesSole ProprietorshipsGeneral and Limited PartnershipsFiduciary Duties of PartnersChapter 14: Limited Liability Partnerships, Limited Liability Companies and Other Business ArrangementsHybrid Form of Entity Limited Liability CompanyLimited Liability PartnershipFranchisesBusiness TrustsChapter 15: CorporationsCorporation as a Legal Entity and Categories of CorporationsLimited Liability and Piercing the Corporate VeilCorporate Structure Fiduciary Duties of Officers, Directors and Controlling ShareholdersBusiness Judgment RuleShareholder suitsChapter 16: Regulation of Securities, Corporate Governance and Financial MarketsOverview of the Securities MarketSecurities DefinedCategories of SecuritiesFederal Regulation of SecuritiesThe Securities and Exchange CommissionExemptionsFraud and Insider Trading Under Rule 10(b)State Blue Sky LawsRegulation of Corporate Governance and Financial MarketsSarbanes-Oxley FundamentalsRegulation of Financial Corporations and TARPUNIT FIVE: Regulatory Environment of BusinessChapter 17: Administrative LawAdministrative AgenciesAdministrative OversightAdministrative ProcessCourt Challenges Chapter 18: Environmental LawHow Environmental Regulation Impacts BusinessFederal and State Regulatory and Clean Up SchemesEnforcement of Environmental Laws and the Role of Watchdog GroupsRegulation of AirRegulation of WaterRegulation of Solid Waste and Hazardous MaterialsChapter 19: Antitrust and Regulation of CompetitionRestraint of Trade definedHorizontal and Vertical RestraintsFederal Statutes Regulating RestraintEnforcementChapter 20: Creditors' Rights and BankruptcyThe Federal Bankruptcy Code and BusinessIndividual Options for BankruptcyCorporation Options for BankruptcyAlternatives to BankruptcyStatutory Protections for DebtorsChapter 21: Consumer Protection LawUnfair or Deceptive Sales and Advertising PracticesProduct Quality and Functionality State Consumer Protection LawsRegulations on Credit Contracts and Debt CollectionChapter 22: Criminal Law and Procedure in BusinessOverview of Criminal Law and ProcedureLiability for Business Crimes: Officers and ManagersDefenses to Corporate Criminal LiabilityProcedural Rights in Criminal CasesChapter 23: Personal Property, Real Property and Land Use LawFundamentals of Ownership, Property Law and its Importance in BusinessReal Property verses Personal PropertyPublic Control of Private Land Use and OwnershipChapter 24: Intellectual PropertyOverview of Intellectual Property ProtectionsTrade Secret Law and other Information ProtectionsTrademarks, Service marks and Trade dressCopyrightsPatentsEnforcing Intellectual Property Rights AbroadChapter 25: International Law and Global CommerceSources of International LawNational Legal SystemsProtections of International Competition and TradeInternational Courts and Dispute ResolutionUnderstanding the Relationship Between U.S. Law and International LawDifferences in Public Policy Objectives: Antitrust, the EU and MicrosoftBusiness Law Simulation for Managers #3: Trademark Law in CyberspaceCool Runnings v. Big Buy.comCapstone Case Study – The Odwalla Juice Company CrisisCapstone Case Study – The McDonald's Game Piece ScandalAppendices: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