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.
Model Syllabus (Part II)
Please include the following information:
1. Course number and title: BUS 2750 Legal and Social Environment of Business
2. Catalog description: A study of the legal and social environment in which businesses operate, including an introduction to law and legal systems, sources of law, ethics and social responsibility, business torts, intellectual property, contracts, and governmentregulation of business. BUS 913 3. Learning objectives.
Theoretical base for the study are the works of the classics of economic theory, the works of national researchers in the field of governmentregulation of business in the context of globalization.
The results of work: The implementation of public policy, providing favorable conditions for the development of small and medium-sized businesses requires improvement of the legal, financial and institutional systems. The effective functioning of these systems involves constant interaction and coordination of all the elements with minimal duplication of functions, the orientation of both the general objectives of socio-economic policy of the state and the interests of small businesses.
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 business law curriculum at the College of Charleston School of Business, see the course catalogue here: http://catalog.cofc.edu/
34 different legal subject titles drawn from business law 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. Business law 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:
The The LegalEnvironment of Business 9th edition elements of each component of our laws are readily The LegalEnvironment of Business 9th edition to create a course of study focused on any particular aspect of business law chosen The discrete elements of each component of our laws are readily assignable to create a course of study focused on any particular aspect of business law chosen by the instructor.
Generally, the letter and spirit of the law are well explained and, through the end-of-chapter exercises, students are encouraged to apply their knowledge to real-life situations. Unfortunately, the text does not feature a glossary of legal terms. Explanations of the principles of law were accurate. Consequently, it offers a solid foundational education for a survey course. The efficacy of this course could be maintained by an instructor's The LegalEnvironment of Business 9th edition to investigate a contemporary state statute or by directing students to the Oyez Project at Chicago-Kent; it is a multimedia archive devoted to the Supreme Court of the United States and its work.
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.
requirement of a national “common market,” we are confronted with the task of effecting an accommodation of the competing national and local interests. We turn to that task.
As the District Court correctly found, the challenged statute has the practical effect of not only burdening interstate sales of Washington apples, but also discriminating against them. This discrimination takes various forms. The first, and most obvious, is the statute’s consequence of raising the costs of doing business in the North Carolina market for Washington apple growers and dealers, while leaving those of their North Carolina counterparts unaffected. [This] disparate effect results from the fact that North Carolina apple producers, unlike their Washington competitors, were not forced to alter their marketing practices in order to comply with the statute. They were still free to market their wares under the USDA grade or none at all as they had done prior to the statute’s enactment. Obviously, the increased costs imposed by the statute would tend to shield the local apple industry from the competition of Washington apple growers and dealers who are already at a competitive disadvantage because of their great distance from the North Carolina market.
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
2. Civil disorder. Unrest may occur because of economic conditions, human rights viola-tions, or group animosity within the society. A good example of this risk took place in Argentina at the beginning of 2002 during the height of its economic crisis, when the government froze withdrawals from bank accounts to prevent complete depletion of cash from the banking sector. Groups of street protesters and rioters started targeting and attacking mainly foreign-owned banks. Many banks operated with wooden and steel plates covering their windows. The manager of London-based HSBC’s Argentina sub-sidiary mentioned that he felt about as popular as a serial killer. Further, widespread crime, such as the kidnapping of personnel, may result from inadequate police control. Condi- tions may result in procurement difficulties, work stoppages, shipment delays, and property damage. If carried to an extreme, the nation itself may break apart, leaving the investor to operate in a smaller market or forcing him or her to leave the market.
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.
Positivism has its limits and its critics. New Testament readers may recall that King Herod, fearing the birth of a Messiah, issued a decree that all male children below a certain age be killed. Because it was the command of a sovereign, the decree was carried out (or, in legal jargon, the decree was “executed”).
Suppose a group seizes power in a particular place and commands that women cannot attend school and can only be treated medically by women, even if their condition is life-threatening and women doctors are few and far between. Suppose also that this command is carried out, just because it is the law and is enforced with a vengeance. People who live there will undoubtedly question the wisdom, justice, or goodness of such a law, but it is law nonetheless and is generally carried out. To avoid the law’s impact, a citizen would have to flee the country entirely. During the Taliban rule in Afghanistan, from which this example is drawn, many did flee.
The week starts on Sunday and extends through Friday, Saturday being the day of rest. Government offices are closed on Friday.
Private Sector and Government office hours vary between business, cities and government departments but may broadly be summarised as follows :
Table of content
Doing Business in Brazil | Baptista Luz Advogados
Protection Authority (Autoridade Nacional de Proteção de Dados – ANPD) which can request documents (e.g. data protection impact assessments), receive complains from data subjects, conduct investigations, receive notifications on data breaches, and impose administrative sanctions (e.g. fines, restrictions on data processing). A data subject which is also legally categorized as a consumer can request its rights to the consumer protection authorities, like state prosecutors. The LGPD also sets forth rules to allow the international transfer of personal data. The main rule is the adequacy level, when a third country is considered by the ANPD to have an adequate level of protection of personal data. If the data needs to be transferred to a country that is yet to be considered adequate, other legal instruments are necessary, such as standard clauses and binding corporate rules.
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.
that legal studies held little relevance to their studies in other disciplines, such as accounting, human resource management, and marketing. Barrett argued that there is a need for a paradigmatic shift in non vocational legal pedagogy to combat the unpopularity among students.
To assist this shift, Barrett suggests there is a need for better design of the business curriculum to integrate legal studies with various disciplines. Barrett notes that the legalenvironment is critically relevant to students' lives and the challenge lies in ensuring they understand this in the business context. In his paper Barrett acknowledged the limitations of his research stating that much of the evidence of unpopularity of non‐vocational legal studies is anecdotal, although plausible. He suggested, "more scientifically robust research into students' perceptions of law in the business curriculum would be beneficial". (p.12, 2008) The purpose of this research is to explore one group of students' perceptions of legal studies in business education.
The investment and consumer protection laws are also considered appropriate in protecting franchising business activities both for the business sectors and the consumers and among others, the preference to use a specific arrangement under the so-called a sui generis provision concerning franchising. The United States, for example, has set certain rules dealing with the franchising business; these rules include the FTC Rule, the Uniform Franchise Offering Circular, the Small Business Franchise Act, whereas at the state level, the United States has enacted rules concerning State Franchising and Disclosure Laws and Deceptive Trade Practices Acts, which areal so often known as “Little FTC Acts. ” 27 Other countries, such as Malaysia and China, regulate the franchising business by a hybrid model through foreign trade and investment franchise laws. The South African countries regulate franchising through the Consumer Protection Act 2009, which also shows the existence of a hybrid model of regulation between anti-trust regulations and pure franchise regulations. In contrary to the countries mentioned above, New Zealand does not regulate franchising in specific sui-generis law. This country regulates franchising as a part of Investment Law especially foreign capital investments. 28 Overall, several similarities are observed with the regulation of franchising regulating basic details of the franchisor, description of the franchise and the market, financial information about the franchisor, details of the franchise network, litigation details, initial fee, initial investment and continuing fees, earning claims, restriction on the franchisee, descriptions of the obligations that the parties owe toward one another, purchase ties and personal involvement of the franchisee; term termination and renewal details about the franchisors’ IP rights; and details of financing arrangements offered by the franchisor exclusively.
costs, and lost work time from witnesses being deposed. In some cases they can degenerate without the presence of a judge, as Note 3.72 "Video Clip: A Deposition Goes Awry" shows.
Video Clip: A Deposition Goes Awry
Although the policy behind liberal rules of discovery is to permit both sides to prepare adequately for trial, in effect discovery is an expensive phase of litigation. With most lawyers charging by the hour, responding to discovery requests can quickly rack up daunting legal bills. Discovery can also drag out litigation to many months or years. Most large corporations find they must dedicate entire in-house staffs of attorneys, paralegals, and support staff to respond exclusively to discovery requests. The judge assigned to the case is supposed to supervise discovery and ensure that the parties respond in a timely manner, as well as make rulings on specific discovery requests and objections. Theoretically, a judge has the power to sanction parties for abusive discovery, up to and including ordering a default judgment against the offending party. There are, however, few meaningful sanctions that can be levied against parties that abuse discovery, and plaintiffs in particular have a vested interest in making discovery last longer than the price of a sought-after settlement. These issues are magnified in e-discovery , when mountains of electronic data have to be sifted through to find relevant