What we have said also shows the invalidity of other arguments made by the Government. For the most part relinquishing the anti-distortion rationale, the Government falls back on the argument that corporate political speech can be banned in order to prevent corruption or its appearance.…
When Congress finds that a problem exists, we must give that finding due deference; but Congress may not choose an unconstitutional remedy. If elected officials succumb to improper influences from independent expenditures; if they surrender their best judgment; and if they put expediency before principle, then surely there is cause for concern. We must give weight to attempts by Congress to seek to dispel either the appearance or the reality of these influences. The remedies enacted by law, however, must comply with the First Amendment; and, it is our law and our tradition that more speech, not less, is the governing rule. An outright ban on corporate political speech during the critical preelection period is not a permissible remedy. Here Congress has created categorical bans on speech that are asymmetrical to preventing quid pro quo corruption.
34 different legal subject titles drawn from businesslaw and legalenvironment textbooks. “Ethical issues” ranked 4 th , just behind “contract law,” with “agency law” 16 th and “torts” 26 th . l Today’s businessenvironment warrants that managers go beyond bare legal compliance. Society increasingly demands, and successful businesspeople see the wisdom of “integrity- based” management, which combines a concern for the law with an emphasis on ethics. li The Federal Sentencing Guidelines bring law and ethics together by basing fines on whether proactive ethics activities and programs were undertaken by the defendant organization. lii An organization that has been compliant with the guidelines’ ethical behavior incentives can reduce the fine for a criminal conviction up to 80 fold. liii Ethical behavior by an organization is an intelligent and socially responsible long-term strategy to save on the cost of legal bills and liability. Businesslaw faculty have the opportunity to educate students on the wisdom of such an approach for decreasing potential legal costs, not to mention other benefits such as boosting a firm’s reputation and sleeping well at night. Too often members of the legal and business community argue that “if it’s legal, it’s ethical.” Characterizing the shortcomings of that philosophy Harvard Business School professor of management ethics Lynn Sharp Paine writes:
Lawyers generally charge by the hour for courtroom time and for ongoing representation in commercial matters. Virtually every sizable law firm bills its clients by hourly rates, which in large cities can range from $300 for an associate’s time to $500 and more for a senior partner’s time.
A contingent fee is one that is paid only if the lawyer wins—that is, it is contingent, or depends upon, the success of the case. This type of fee arrangement is used most often in personal injury cases (e.g., automobile accidents, products liability, and professional malpractice). Although used quite often, the contingent fee is controversial. Trial lawyers justify it by pointing to the high cost of preparing for such lawsuits. A typical automobile accident case can cost at least ten thousand dollars to prepare, and a complicated products-liability case can cost tens of thousands of dollars. Few people have that kind of money or would be willing to spend it on the chance that they might win a lawsuit. Corporate and professional defendants complain that the contingent fee gives lawyers a license to go big game hunting, or to file suits against those with deep pockets in the hopes of forcing them to settle.
In terms of subject matter jurisdiction, then, state courts will typically deal with the kinds of disputes just cited. Thus if you are Michigan resident and have an auto accident in Toledo with an Ohio resident and you each blame each other for the accident, the state courts would ordinarily resolve the matter if the dispute cannot otherwise be settled. Why state courts? Because when you blame one another and allege that it’s the other person’s fault, you have the beginnings of a tort case, with negligence as a primary element of the claim, and state courts have routinely dealt with this kind of claim, from British colonial times through Independence and to the present. (See also Chapter 7 "Introduction to Tort Law" of this text.) People have had a need to resolve this kind of dispute long before our federal courts were created, and you can tell from Article III that the founders did not specify that tort or negligence claims should be handled by the federal courts. Again, federal courts are courts of limited jurisdiction, limited to the kinds of cases specified in Article III. If the case before the federal court does not fall within one of those categories, the federal court cannot constitutionally hear the case because it does not have subject matter jurisdiction.
A majority of US courts, though by no means all, permit a suit for wrongful civil proceedings. Civil litigation is usually costly and burdensome, and one who forces another to defend himself against baseless accusations should not be permitted to saddle the one he sues with the costs of defense. However, because, as a matter of public policy, litigation is favored as the means by which legal rights can be vindicated—indeed, the Supreme Court has even ruled that individuals have a constitutional right to litigate—the plaintiff must meet a heavy burden in proving his case. The mere dismissal of the original lawsuit against the plaintiff is not sufficient proof that the suit was unwarranted. The plaintiff in a suit for wrongful civil proceedings must show that the defendant (who was the plaintiff in the original suit) filed the action for an improper purpose and had no reasonable belief that his cause was legally or factually well grounded.
Course Overview: The LegalEnvironment of Business is a survey course covering fundamental legal and ethical principles relevant to business practice.
Course Catalog: For more information on the businesslaw curriculum at the College of Charleston School of Business, see the course catalogue here: http://catalog.cofc.edu/
Legal Theory 1 – 2015
14. LEGAL TERMS AND PHRASES
When reading legal material there are a number of words and phrases that are seldom encountered in everyday language and which may not be familiar. Many of these terms are in Latin and when used in your writing should be underlined if handwritten or typed in italics. What follows is a list of those terms which you will probably encounter more frequently than others during the course of this year. Please note that this is not an exhaustive list and should you come across a term not included below you should consult one of the dictionaries in the law library. A good reference for this purpose is:
When you hear the term “rule of law,” what comes to mind? It may seem like an ambiguous term, but it is used frequently in legal and governance circles. Rule of law is a system of laws under which the people and the government are bound, which allows predictability and restraint of government action.
202 the principle of law gives a quiet and predictable means by which those debate can be determined and.
The tenet of law gives direction and course in each territory of business. For instance, it gives a way to convey a grumbling against another gathering to an unbiased chief so that a choice can be made with respect to the question. On account of our principle of law framework, we realize that we are allowed to document a protestation in the correct court to start litigation. On the other hand we can attempt an option strategy for question determination in the event that we don't wish to take part in prosecution.
On the politically liberal left are judges who are described as activist. Judicial activists believe that judges have a role in shaping a “more perfect union” as described in the Constitution and that therefore judges have the obligation to seek justice whenever possible. They believe that the
Constitution is a “living document” and should be interpreted in light of society’s needs, rather than its historical meaning. Judicial activists believe that sometimes the political process is flawed and that majority rule can lead to the baser instincts of humanity becoming the rule of law. They believe their role is to safeguard the voice of the minority and the oppressed and to deliver the promise of liberty in the Constitution to all Americans. Judicial activists believe in a broad reading of the Constitution, preferring to look at the motivation, intent, and implications of the Constitution’s safeguards rather than merely its words. Judicial activism at the Supreme Court was at its peak in the 1960s, when Chief Justice Earl Warren led the Court in breaking new ground on civil rights protections. Although a Republican, and nominated by Republican President Eisenhower, Earl Warren became a far more activist judge than anyone anticipated once on the Supreme Court. Chief Justice Warren led the Court in the desegregation cases in the 1950s, including the one affecting the Little Rock Nine. The “Miranda”  warnings—familiar to nearly every American who has ever seen a police show or movie—come from Chief Justice Warren, as does the fact that anyone who cannot afford an attorney has the right to publicly funded counsel in most criminal cases.
As stated in the 2010-2011 BSU catalog, “Boise State University values cultural diversity in its faculty, its students and its curriculum. Because we live in a multicultural world, we seek to educate students to recognize and appreciate the many ways in which each of us is shaped by gender, sexual orientation, class, race, culture, ability, nationality, religion, and ethnicity. This requires more than just exposure to cultural differences; it requires that we critically examine such differences, being attentive to the special challenges that each of us faces in understanding those whose lives are shaped by cultures other than our own.” The material discussed and analyzed in this course should assist the student in understanding the legal, ethical, and social duties expected in society. This class will also: (1) help students gain an understanding of "issues of culture, nationality, religion or ethnicity as these may be found anywhere in the world;" and (2) require
INT 100 Introduction to International Studies 3 credit hours
This course is designed to introduce students to the scope and methods of international studies. Topics of transnational significance, especially those which reveal the similarities and differences of the world’s societies and cultures will be considered. Given the interdisciplinary nature of the program issues of world geography, society, economy, environment and politics will be examined from different cultural and theoretical perspectives.
Part of the problem in establishing a global political strategy is that democracies and totalitarian regimes deal with companies differently. In general, foreign companies can influ-ence
democracies through lobbying. However, companies sometimes abuse their power by engaging in bribery and other illicit activities. Sometimes a totalitarian regime might seem more stable because it doesn’t have to deal with the pressures of democracy. But when such a regime is overthrown, the changes for business tend to be larger and more rapid than change typically is within a democracy. For example, when the Soviet Union broke up, foreign com-panies that had entered into contracts with the former central government found that these contracts were not binding on the individual republics’ govern- ments. Companies had to renegotiate the contracts or pull out of the country. In another example, Mozambique was a colony of Portugal. When it declared its independence in 1988, it forced Portuguese investors out ‘of the country, telling them to abandon their investments. Even though the colony might have seemed stable, a change in government caused significant change in investment strategies. Since then, however,
6. Describe how the Supreme Court, under the supremacy clause of the Constitution, balances state and federal laws that may be wholly or partly in conflict.
7. Explain how the Bill of Rights relates to business activities in the United States.
The US Constitution is the foundation for all of US law. Business and commerce are directly affected by the words, meanings, and interpretations of the Constitution. Because it speaks in general terms, its provisions raise all kinds of issues for scholars, lawyers, judges, politicians, and commentators. For example, arguments still rage over the nature and meaning of “federalism,” the concept that there is shared governance between the states and the federal government. The US Supreme Court is the ultimate arbiter of those disputes, and as such it has a unique role in the legal system. It has assumed the power of judicial review, unique among federal systems globally, through which it can strike down federal or state statutes that it believes violate the Constitution and can even void the president’s executive orders if they are contrary to the Constitution’s language. No knowledgeable citizen or businessperson can afford to be ignorant of its basic provisions.
Anecdotal evidence suggests business students find the study of law difficult, and that they do not understand the relevance of it to their business degrees. Law teachers' response has been to question the curriculum design and methods of delivery in law teaching to non‐vocational students. As there is little scientifically robust research into students' perceptions of the place of law in business degrees the authors suggest that we need a clearer definition of why, and to what extent, students perceive legal studies as difficult and irrelevant before law teachers embark on a search for the holy grail of the perfect law teaching method for non‐vocational legal studies. As a start to this journey the authors designed this study to survey all of the students in both the undergraduate diploma course and two degree courses in law offered within the departments of Accountancy and Finance and Management and Marketing at Unitec New Zealand. Administered after the first two weeks of the semester, the survey collected both demographic data and data on the students' perceptions of law studies. This paper reviews the results from the initial data set which suggests that our multinational sample of students has, as a group, a moderately positive perception of the relevance of law in business degrees but some reservations about their having the skill set to use that legal knowledge in a constructive manner in business. The paper suggests legal studies curriculum developers should consider how they can improve student competencies to ensure graduate gain ''legal astutenes'' for global economies.
But we must not let that illusion of digital anonymity trap us into believing that cyber-space is not just another part of our community. At the moment there are few laws and international treaties, which specifically cover cyber- space. These will increase. Ten years ago there were no court decisions about it; now there are. The law is not going to ignore cyber-space or the Net. Society cannot afford to allow that. In my view, it is not the issue of defamation or pornography or similar issues which will push governments to act, it will be in response to the corporate users of the Net.
E. Exiting the Employment Relationship.
Before hiring in a jurisdiction, it is important to consider the exit strategy as well. In the United States, with the exception of WARN, which governs mass layoffs and plant closures, U.S. employers are generally (with notable exceptions) free to hire and fire at will with little or no notice should the business climate or the employer’s impression of the employee become less favorable. In contrast, very few non- U.S. jurisdictions will permit what is perceived outside of the U.S. as “whimsical” behavior by the employer. Instead, they impose upon the employer a duty to “take care” of the employee should the employee be terminated for other than “cause” as narrowly defined. Indeed, poor performance often falls short of constituting “good cause” in many jurisdictions or at least without the employer demonstrating repeated efforts to “save” the employment relationship. As a result, overly aggressive projections in hiring needs or poor hiring decisions resulting in the employment of persons who do not fit the needs of the company may result in significant employment severance obligations. In many jurisdictions, this may result in not only statutory obligations to the employee but also requires specific notification to, and in some instances, negotiations with, work councils or other collective bargaining representatives.
According to the preceding reconstruction, the “democratic body politic” of the cal- culus is sovereign in the classical Hobbesian sense of commanding an externally uncon- strained monopoly to create valid law. Whatever comes out of the democratic procedure of unanimous collective choice making on the foundational constitutional stage is—inde- pendently of its substantive normative content—to be treated as legitimate law and only that. Contrary to this view, for typical „natural law “ approaches content that violates cer- tain substantive natural law demands cannot be rendered law—not even by the unanimous agreement of all. 12 When Buchanan rejects the latter view this is in the spirit of Hartian legal positivism which insists on the conceptual distinction between law that is from law as ought to be. 13 At the same time Buchanan and Tullock, in the spirit of natural law theory,