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The Legal Environment of Business: A Managerial Approach: Theory to Practice,9780073377698
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The Legal Environment of Business: A Managerial Approach: Theory to Practice

by
Edition:
1st
ISBN13:

9780073377698

ISBN10:
0073377694
Format:
Hardcover
Pub. Date:
9/28/2010
Publisher(s):
McGraw-Hill/Irwin
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Summary

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.

Table of Contents

Fundamentals of the Legal Environment of Business
Legal Foundations
Definitions and Classifications of Law
Jurisprudence and Theories of Law
Understanding Law in a Global Context
Business and the Constitution
Overview and Importance of the U.S. Constitution
Applying Constitutional Protections to Business
Due Process
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
Resolving Disputes: Litigation and Alternative Dispute Resolution Options
Overview of Dispute Resolution Fundamentals
Phase of Litigation and Trial Process
Alternatives to Litigation
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
Law and Commerce
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
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
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
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
Business Law Simulation for Managers #1: Restrictive Covenants in Contracts
Neurology Associates, LLP v. Elizabeth Blackwell, M.D.
Regulation in the Workplace
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
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
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
Business Law Simulation for Managers #2: Employment Discrimination
Falstaff v. Revere Furniture Company
Business Entities, Securities Regulation and Corporate Governance
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
Limited Liability Partnerships, Limited Liability Companies and Other Business Arrangements
Hybrid Form of Entity
Limited Liability Company
Limited Liability Partnership
Franchises
Business Trusts
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
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
Regulatory Environment of Business
Administrative Law
Administrative Agencies
Administrative Oversight
Administrative Process
Court Challenges
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
Antitrust and Regulation of Competition
Restraint of Trade defined
Horizontal and Vertical Restraints
Federal Statutes Regulating Restraint
Enforcement
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
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
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
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
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
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
Business Law Simulation for Managers #3: Trademark Law in Cyberspace
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 Business Student's Guide to Understanding Cases and Finding the Law
The Constitution of the United State of America
Excerpts from the Uniform Commercial Code
Excerpts from the Sarbanes-Oxley Act of 2002
Table of Contents provided by Publisher. All Rights Reserved.


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