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The Legal Environment and Business Law

Table of contents
The Legal Environment and Business Law
1st Edition
Don Mayer, Daniel M. Warner, George J. Siedel, Jethro K. Lieberman, Alyssa Rose Martina
This book is licensed under a Creative Commons by-nc-sa 3.0.
Table Of Contents
Introduction
The Legal Environment and Business Law

This is the book The Legal Environment and Business Law: Executive MBA Edition (v. 1.0).

This book is licensed under a Creative Commons by-nc-sa 3.0 
(http://creativecommons.org/licenses/by-nc-sa/ 3.0/)
license. See the license for more details, but that basically means you can share this book as long as you credit the author (but see below), don't make money from it, and do make it available to everyone else under the same terms.

This book was accessible as of December 29, 2012, and it was downloaded then by Andy Schmitz (http://lardbucket.org) in an effort to preserve the availability of this book.

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About the Authors

Don Mayer

Don Mayer teaches law, ethics, public policy, and sustainability at the Daniels College of Business, University of Denver, where he is professor in residence. His research focuses on the role of business in creating a more just, sustainable, peaceful, and productive world. With James O’Toole, Professor Mayer has coedited and contributed content to Good Business: Exercising Effective and Ethical Leadership (Routledge, 2010). He is also coauthor of International Business Law: Cases and Materials, which is in its fifth edition with Pearson Publishing Company. He recently served as the first Arsht Visiting Ethics Scholar at the University of Miami.

After earning a philosophy degree from Kenyon College and a law degree from Duke University Law School, Professor Mayer served as a Judge Advocate General’s (JAG) Corps officer in the United States Air Force during the Vietnam conflict and went into private practice in North Carolina. In 1985, he earned his LLM in international and comparative law at the Georgetown University Law Center. Later that year, he began his academic career at Western Carolina University and proceeded to become a full professor at Oakland University in Rochester, Michigan, where he taught for many years before moving to the University of Denver. He has taught as a visitor at California State Polytechnic University, the University of Michigan, the Manchester Business School Worldwide, and Antwerp Management School.

Professor Mayer has won numerous awards from the Academy of Legal Studies in Business, including the Hoeber Award for best article in the American Business Law Journal, the Maurer Award for best article on business ethics (twice), and the Ralph Bunche Award for best article on international business law (three times). His work has been published in many journals and law reviews but most often in American Business Law Journal, the Journal of Business Ethics, and the Business Ethics Quarterly.

Daniel M. Warner

Daniel M. Warner is a magna cum laude graduate of the University of Washington, where–following military service–he also attended law school. In 1978, after several years of civil practice, he joined the faculty at the College of Business and Economics at Western Washington University, where he is now a professor of business legal studies in the Accounting Department. He has published extensively, exploring the intersection of popular culture and the law, and has received the College of Business Dean’s Research Award five times for “distinguished contributions in published research.” Professor Warner served on the Whatcom County Council for eight years (two years as its chair). He has served on the Faculty Senate and on various university and college committees, including as chairman of the University Master Plan Committee. Professor Warner has also been active in state bar association committee work and in local politics, where he has served on numerous boards and commissions for over thirty years.

George J. Siedel

George J. Siedel’s research addresses legal issues that relate to international business law, negotiation, and dispute resolution. Recent publications focus on proactive law and the use of law to gain competitive advantage. His work in progress includes research on the impact of litigation on large corporations and the use of electronic communication as evidence in litigation.

Professor Siedel has been admitted to practice before the United States Supreme Court and in Michigan, Ohio, and Florida. Following graduation from law school, he worked as an attorney in a professional corporation. He has also served on several boards of directors and as associate dean of the University of Michigan Business School.

The author of numerous books and articles, Professor Siedel has received several research awards, including the Faculty Recognition Award from the University of Michigan and the following awards from the Academy of Legal Studies in Business: the Hoeber Award, the Ralph Bunche Award, and the Maurer Award. The Center for International Business Education and Research selected a case written by Professor Siedel for its annual International Case Writing Award. His research has been cited by appellate courts in the United States and abroad, including the High Court of Australia.

Professor Siedel has served as visiting professor of business law at Stanford University, visiting professor of business administration at Harvard University, and Parsons fellow at the University of Sydney. He has been elected a visiting fellow at Cambridge University’s Wolfson College and a life fellow of the Michigan State Bar Foundation. As a Fulbright scholar, Professor Siedel held a distinguished chair in the humanities and social sciences.

Jethro K. Lieberman

Jethro K. Lieberman is professor of law and vice president for academic publishing at New York Law School, where he has taught for more than twenty-five years. He earned his BA in politics and economics from Yale University, his JD from Harvard Law School, and his PhD in political science from Columbia University. He began his teaching career at Fordham University School of Law. Before that, he was vice president at what is now the International Institute for Conflict Prevention and Resolution (CPR). For nearly ten years, he was legal affairs editor of Business Week magazine. He practiced antitrust and trade regulation law at a large Washington law firm and was on active duty as a member of the Navy’s Judge Advocate General’s (JAG) Corps during the Vietnam era. He is the author of The Litigious Society (Basic Books), the winner of the American Bar Association’s top literary prize, the Silver Gavel, and the author of A Practical Companion to the Constitution: How the Supreme Court Has Ruled on Issues from Abortion to Zoning (University of California Press), among many other books. He is a long-time letterpress printer and proprietor of The Press at James Pond, a private press, and owner of the historic Kelmscott-Goudy Press, an Albion handpress that was used to print the Kelmscott Press edition of Geoffrey Chaucer’s Canterbury Tales in the 1890s.`

Alyssa Rose Martina (Contributing Author)

Alyssa Rose Martina is an entrepreneur, businesswoman, professional writer, and educator. She started her first company, Metro Parent Magazine, in 1986, after serving for five years as legal counsel for Wayne County Circuit Court, one of the nation’s largest state judicial circuits. As a dedicated entrepreneur, she saw an opportunity to fill a void for parents and established a family magazine. Today, more than 263,000 readers rely on Metro Parent as their “parenting bible.” Alyssa’s company, Metro Parent Publishing Group, also produces several ancillary publications: Metro Baby, a biannual pregnancy resource guide; Going Places, a biannual guide to family fun in Southeast Michigan; Party Book, an event planning resource guide; and Special Edition, a resource for parents regarding children with special needs. To offer support and resources to African American families, Alyssa saw an opportunity to establish a second publishing company catered to the African American market. In 1999, the company was launched and today, BLAC Magazine, which covers “Black Life, Arts and Culture,” reaches over sixty thousand readers in the Detroit region. This monthly lifestyle publication explores and celebrates the rich cultural fabric of African American life in southeast Michigan, under the guidance of African American community leaders and educators and a distinguished panel of advisors who form an advisory council.

Alyssa presents lectures and workshops to various business and community groups around the country on topics such as innovation, strategy, entrepreneurship, and next-level thinking. She also serves as a consultant on events marketing for several of her sister publications throughout the country. In April 2010, Alyssa received her MBA with highest distinction from the University of Michigan’s Ross School of Business. She has guest-lectured on entrepreneurial/legal issues at Ross and has also served as a teaching assistant. She has written a number of parenting articles and a children’s book, and she was a weekly columnist for the Detroit News. Alyssa has served as an editor and reviewer for several business law articles and manuscripts. Alyssa teaches at Walsh School of Business as an adjunct professor. Her course is focused on legal issues in business for MBA students.

Acknoledgments

The authors would like to thank the following colleagues who have reviewed the text and provided comprehensive feedback and suggestions for improving the material:

  • Jennifer Barger Johnson, University of Central Oklahoma
  • Dawn M. Bradanini, Lincoln College
  • Larry Bumgardner, Pepperdine University
  • Michael Edward Chaplin, California State University–Northridge
  • Nigel Cohen, University of Texas–Pan American
  • Mark Edison, North Central College
  • Mark Gideon, University of Maryland
  • Henry J. Hastings, Eastern Michigan University
  • Henry Lowenstein, Coastal Carolina University
  • Tanya Marcum, Bradley University
  • Harry McCracken, California Lutheran University
  • Robert Miller, Dominican University
  • Leon Moerson, George Washington University
  • Tonia Hat Murphy, University of Notre Dame
  • Bart Pachino, California State University–Northridge
  • Kimber J. Palmer, Texas A&M University–International
  • Lawrence Price, Saint Mary’s University of Minnesota
  • Kurt Saunders, California State University–Northridge
  • Ron Washburn, Bryant University
  • Ruth Weatherly, Simpson College
  • Eric Yordy, Northern Arizona University
Preface

Our goal is to provide students with a textbook that is up to date and comprehensive in its coverage of legal and regulatory issues—and organized to permit instructors to tailor the materials to their particular approach. This book engages students by relating law to everyday events with which they are already familiar (or with which they are familiarizing themselves in other business courses) and by its clear, concise, and readable style. (An earlier business law text by authors Lieberman and Siedel was hailed “the best written text in a very crowded field.”)

This textbook provides context and essential concepts across the entire range of legal issues with which managers and business executives must grapple. The text provides the vocabulary and legal acumen necessary for businesspeople to talk in an educated way to their customers, employees, suppliers, government officials—and to their own lawyers.

Traditional publishers often create confusion among customers in the text selection process by offering a huge array of publications. Once a text is selected, customers might still have to customize the text to meet their needs. For example, publishers usually offer books that include either case summaries or excerpted cases, but some instructors prefer to combine case summaries with a few excerpted cases so that students can experience reading original material. Likewise, the manner in which most conventional texts incorporate video is cumbersome because the videos are contained in a separate library, which makes access more complicating for instructors and students.

The Unnamed Publisher model eliminates the need for “families” of books (such as the ten Miller texts mentioned below) and greatly simplifies text selection. Instructors have only to select between our Business Law and Legal Environment volumes of the text and then click on the features they want (as opposed to trying to compare the large number of texts and packages offered by other publishers). In addition to the features inherent in any Flat World publication, this book offers these unique features:

  • Cases are available in excerpted and summarized format, thus enabling instructors to easily “mix and match” excerpted cases with case summaries.
  • Links to forms and uniform laws are embedded in the text. For example, the chapters on contract law incorporate discussion of various sections of the Uniform Commercial Code, which is available at http://www.law.cornell.edu/ucc/ucc.table.html.
  • Likewise, many sample legal forms are readily available online. For example, the chapter on employment law refers to the type of terms commonly found in a standard employment agreement, examples of which can be found at http://www.rocketlawyer.com/popular-legal-forms.rl?utm_source=103&campaign= Alpha+Search&keyword=online%2520legal%2520forms&mtype=e&ad=12516463025&docCategoryId=none&gclid= CI3Wgeiz7q8CFSoZQgodIjdn2g.
  • Every chapter contains overviews that include the organization and coverage, a list of key terms, chapter summaries, and self-test questions in multiple-choice format (along with answers) that are followed by additional problems with answers available in the Instructors’ Manual.
  • In addition to standard supplementary materials offered by other texts, students have access to electronic flash cards, proactive quizzes, and audio study guides.

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