Description
The Legal Environment of Business: Text and Cases 11th Edition by Frank Cross, ISBN-13: 978-0357129760
[PDF eBook eTextbook] – Available Instantly
- Publisher: Cengage Learning; 11th edition (October 22, 2019)
- Language: English
- ISBN-10: 0357129768
- ISBN-13: 978-0357129760
The number one choice in today’s legal environment course.
Cross/Miller’s market-leading THE LEGAL ENVIRONMENT OF BUSINESS: TEXT AND CASES, 11E delivers comprehensive, cutting-edge coverage using an interesting, understandable approach. You master vital skills as you study the legal environment within the context of law in today’s increasingly regulated business world. Dozens of examples, business-oriented features, and step-by-step analyses place every topic within a meaningful context. You learn how today’s legal environment is more about the constraints of business than the simple rules of law with this book’s focus on managerial decision-making and current events. This edition makes ethics a priority with a new framework — the IDDR Approach — for making ethical decisions. The authors focus less on “black letter law” and more on broader issues that correspond to what business owners and managers face. Updated cases, content, and learning features present the latest developments and skills to succeed in today’s legal landscape.
Table of Contents:
Cover Page
Title Page
Copyright Page
Preface
Acknowledgments for Previous Editions
Dedication
Unit One. The Foundations
Chapter 1. Law and Legal Reasoning
1–1. Business Activities and the Legal Environment
1–1a. Many Different Laws May Affect a Single Business Decision
1–1b. Ethics and Business Decision Making
1–2. Sources of American Law
1–2a. Constitutional Law
1–2b. Statutory Law
1–2c. Administrative Law
1–2d. Case Law and Common Law Doctrines
1–3. The Common Law Tradition
1–3a. Early English Courts
1–3b. Legal and Equitable Remedies Today
1–3c. The Doctrine of Stare Decisis
1–3d. Stare Decisis and Legal Reasoning
1–3e. The Common Law Today
1–4. Schools of Legal Thought
1–4a. The Natural Law School
1–4b. The Positivist School
1–4c. The Historical School
1–4d. Legal Realism
1–5. Classifications of Law
1–5a. Civil Law and Criminal Law
1–5b. Cyberlaw
1–6. How to Find Primary Sources of Law
1–6a. Finding Statutory and Administrative Law
1–6b. Finding Case Law
1–7. How to Read and Understand Case Law
1–7a. Case Titles and Terminology
1–7b. Sample Court Case
Practice and Review: Law and Legal Reasoning
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 2. Business and the Constitution
2–1. The Constitutional Powers of Government
2–1a. A Federal Form of Government
2–1b. Relations among the States
2–1c. The Separation of Powers
2–1d. The Commerce Clause
2–1e. The Supremacy Clause and Federal Preemption
2–1f. The Taxing and Spending Powers
2–2. Business and the Bill of Rights
2–2a. Limits on Federal and State Governmental Actions
2–2b. Freedom of Speech
2–2c. Freedom of Religion
2–2d. Searches and Seizures
2–2e. Self-Incrimination
2–3. Due Process and Equal Protection
2–3a. Due Process
2–3b. Equal Protection
2–4. Privacy Rights
2–4a. Federal Privacy Legislation
2–4b. The USA Patriot Act
Practice and Review: Business and the Constitution
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 3. Ethics in Business
3–1. Ethics and the Role of Business
3–1a. The Relationship of Law and Ethics
3–1b. The Role of Business in Society
3–1c. Ethical Issues in Business
3–1d. The Importance of Ethical Leadership
3–2. Ethical Principles and Philosophies
3–2a. Duty-Based Ethics
3–2b. Outcome-Based Ethics: Utilitarianism
3–2c. Corporate Social Responsibility
3–3. Sources of Ethical Issues in Business Decisions
3–3a. Short-Term Profit Maximization
3–3b. Social Media
3–3c. Awareness
3–3d. Rationalization
3–3e. Uncertainty
3–4. Making Ethical Business Decisions
3–4a. A Systematic Approach: IDDR (“I Desire to Do Right”)
3–4b. Applying the IDDR Approach—A Sample Scenario
3–5. Business Ethics on a Global Level
3–5a. World Religions, Cultural Norms, and Ethics
3–5b. Outsourcing
3–5c. Avoiding Corruption
3–5d. Monitoring the Employment Practices of Foreign Suppliers
Practice and Review: Ethics in Business
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Appendix to Chapter 3: Costco Code of Ethics
Chapter 4. Courts and Alternative Dispute Resolution
4–1. The Judiciary’s Role in American Government
4–1a. Judicial Review
4–1b. The Origins of Judicial Review in the United States
4–2. Basic Judicial Requirements
4–2a. Jurisdiction
4–2b. Venue
4–2c. Standing to Sue
4–3. The State and Federal Court Systems
4–3a. The State Court Systems
4–3b. The Federal Court System
4–4. Alternative Dispute Resolution
4–4a. Negotiation
4–4b. Mediation
4–4c. Arbitration
4–4d. Other Types of ADR
4–4e. Providers of ADR Services
4–4f. Online Dispute Resolution
4–5. International Dispute Resolution
4–5a. Forum-Selection and Choice-of-Law Clauses
4–5b. Arbitration Clauses
Practice and Review: Courts and Alternative Dispute Resolution
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 5. Court Procedures
5–1. Procedural Rules
5–1a. Stages of Litigation
5–1b. Hire an Attorney
5–2. Pretrial Procedures
5–2a. The Pleadings
5–2b. Dismissals and Judgments before Trial
5–2c. Discovery
5–2d. Pretrial Conference
5–2e. The Right to a Jury Trial
5–2f. Jury Selection
5–3. The Trial
5–3a. Opening Statements
5–3b. Rules of Evidence
5–3c. Examination of Witnesses and Potential Motions
5–3d. Closing Arguments, Jury Instructions, and Verdict
5–4. Posttrial Motions
5–4a. Motion for a New Trial
5–4b. Motion for Judgment N.O.V.
5–5. The Appeal
5–5a. Filing the Appeal
5–5b. Appellate Review
5–5c. Higher Appellate Courts
5–6. Enforcing the Judgment
5–6a. Requesting Court Assistance in Collecting the Judgment
5–6b. Availability of Assets
Practice and Review: Court Procedures
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Unit One. Task-Based Simulation
Unit One. Application and Ethics
Unit Two. The Public and International Environment
Chapter 6. Tort Law
6–1. The Basis of Tort Law
6–1a. The Purpose of Tort Law
6–1b. Damages Available in Tort Actions
6–1c. Classification of Torts
6–1d. Defenses
6–2. Intentional Torts against Persons
6–2a. Assault
6–2b. Battery
6–2c. False Imprisonment
6–2d. Intentional Infliction of Emotional Distress
6–2e. Defamation
6–2f. Invasion of Privacy
6–2g. Fraudulent Misrepresentation
6–2h. Abusive or Frivolous Litigation
6–2i. Business Torts
6–3. Intentional Torts against Property
6–3a. Trespass to Land
6–3b. Trespass to Personal Property
6–3c. Conversion
6–3d. Disparagement of Property
6–4. Unintentional Torts—Negligence
6–4a. The Duty of Care and Its Breach
6–4b. Causation
6–4c. The Injury Requirement and Damages
6–4d. Good Samaritan Statutes
6–4e. Dram Shop Acts
6–5. Defenses to Negligence
6–5a. Assumption of Risk
6–5b. Superseding Cause
6–5c. Contributory Negligence
6–5d. Comparative Negligence
Practice and Review: Tort Law
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 7. Strict Liability and Product Liability
7–1. Strict Liability
7–1a. Abnormally Dangerous Activities
7–1b. Application of Strict Liability to Product Liability
7–2. Product Liability
7–2a. Based on Negligence
7–2b. Based on Misrepresentation
7–3. Strict Product Liability
7–3a. Strict Product Liability and Public Policy
7–3b. The Requirements for Strict Product Liability
7–3c. Product Defects
7–3d. Market-Share Liability
7–3e. Other Applications of Strict Product Liability
7–4. Defenses to Product Liability
7–4a. Preemption
7–4b. Assumption of Risk
7–4c. Product Misuse
7–4d. Comparative Negligence (Fault)
7–4e. Commonly Known Dangers
7–4f. Knowledgeable User
7–4g. Statutes of Limitations and Repose
Practice and Review: Strict Liability and Product Liability
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 8. Intellectual Property Rights
8–1. Trademarks and Related Property
8–1a. Statutory Protection of Trademarks
8–1b. Trademark Registration
8–1c. Trademark Infringement
8–1d. Distinctiveness of the Mark
8–1e. Service, Certification, and Collective Marks
8–1f. Trade Dress
8–1g. Counterfeit Goods
8–1h. Trade Names
8–1i. Licensing
8–2. Patents
8–2a. Searchable Patent Databases
8–2b. What Is Patentable?
8–2c. Patent Infringement
8–2d. Remedies for Patent Infringement
8–3. Copyrights
8–3a. Registration
8–3b. What Is Protected Expression?
8–3c. Copyright Infringement
8–3d. Copyright Protection for Software
8–4. Trade Secrets
8–4a. State and Federal Law on Trade Secrets
8–4b. Trade Secrets in Cyberspace
8–5. International Protection for Intellectual Property
8–5a. The Berne Convention
8–5b. The TRIPS Agreement
8–5c. The Madrid Protocol
8–5d. The Anti-Counterfeiting Trade Agreement
Practice and Review: Intellectual Property Rights
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 9. Internet Law, Social Media, and Privacy
9–1. Internet Law
9–1a. Spam
9–1b. Domain Names
9–1c. Cybersquatting
9–1d. Meta Tags
9–1e. Trademark Dilution in the Online World
9–1f. Licensing in the Online World
9–2. Copyrights in Digital Information
9–2a. Digital Millennium Copyright Act
9–2b. File-Sharing Technology
9–3. Social Media
9–3a. Legal Issues
9–3b. The Electronic Communications Privacy Act
9–3c. Protection of Social Media Passwords
9–3d. Company-wide Social Media Networks
9–4. Online Defamation
9–4a. Identifying the Author of Online Defamation
9–4b. Liability of Internet Service Providers
9–5. Other Actions Involving Online Posts
9–6. Privacy
9–6a. Reasonable Expectation of Privacy
9–6b. Data Collection and Cookies
9–6c. Internet Companies’ Privacy Policies
Practice and Review: Internet Law, Social Media, and Privacy
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 10. Criminal Law and Cyber Crime
10–1. Civil Law and Criminal Law
10–1a. Key Differences between Civil Law and Criminal Law
10–1b. Civil Liability for Criminal Acts
10–1c. Classification of Crimes
10–2. Criminal Liability
10–2a. The Criminal Act
10–2b. State of Mind
10–2c. Corporate Criminal Liability
10–3. Types of Crimes
10–3a. Violent Crime
10–3b. Property Crime
10–3c. Public Order Crime
10–3d. White-Collar Crime
10–3e. Organized Crime
10–4. Defenses to Criminal Liability
10–4a. Justifiable Use of Force
10–4b. Necessity
10–4c. Insanity
10–4d. Mistake
10–4e. Duress
10–4f. Entrapment
10–4g. Statute of Limitations
10–4h. Immunity
10–5. Criminal Procedures
10–5a. Fourth Amendment Protections
10–5b. The Exclusionary Rule
10–5c. The Miranda Rule
10–5d. Criminal Process
10–6. Cyber Crime
10–6a. Cyber Fraud
10–6b. Cyber Theft
10–6c. Hacking
10–6d. Prosecuting Cyber Crime
Practice and Review: Criminal Law and Cyber Crime
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 11. International and Space Law
11–1. International Law
11–1a. Sources of International Law
11–1b. Common Law and Civil Law Systems
11–1c. International Principles and Doctrines
11–2. Doing Business Internationally
11–2a. Exporting
11–2b. Manufacturing Abroad
11–3. Regulation of Specific Business Activities
11–3a. Investment Protections
11–3b. Export Controls
11–3c. Import Controls
11–3d. Minimizing Trade Barriers
11–4. International Dispute Resolution
11–4a. The New York Convention
11–4b. Effect of Choice-of-Law and Forum-Selection Clauses
11–5. U.S. Laws in a Global Context
11–5a. U.S. Antitrust Laws
11–5b. International Tort Claims
11–5c. Antidiscrimination Laws
11–6. Space Law
11–6a. International Space Law
11–6b. U.S. Space Law
Practice and Review: International and Space Law
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Unit Two. Task-Based Simulation
Unit Two. Application and Ethics
Unit Three. The Commercial Environment
Chapter 12. Formation of Traditional and E-Contracts
12–1. An Overview of Contract Law
12–1a. Sources of Contract Law
12–1b. The Definition of a Contract
12–1c. The Objective Theory of Contracts
12–1d. Requirements of a Valid Contract
12–1e. Defenses to the Enforceability of a Contract
12–1f. Types of Contracts
12–2. Agreement
12–2a. Requirements of the Offer
12–2b. Termination of the Offer
12–2c. Acceptance
12–3. E-Contracts
12–3a. Online Offers
12–3b. Online Acceptances
12–3c. Federal Law on E-Signatures and E-Documents
12–3d. The Uniform Electronic Transactions Act
12–4. Consideration
12–4a. Legally Sufficient Value
12–4b. Bargained-for Exchange
12–4c. Agreements That Lack Consideration
12–4d. Settlement of Claims
12–4e. Promissory Estoppel
12–5. Contractual Capacity
12–5a. Minors
12–5b. Intoxication
12–5c. Mental Incompetence
12–6. Legality
12–6a. Contracts Contrary to Statute
12–6b. Contracts Contrary to Public Policy
12–7. Form—The Writing Requirement
12–8. Third Party Rights
12–8a. Assignments
12–8b. Delegations
12–8c. Third Party Beneficiaries
Practice and Review: Formation of Traditional and E-Contracts
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 13. Contract Performance, Breach, and Remedies
13–1. Voluntary Consent
13–1a. Mistakes
13–1b. Fraudulent Misrepresentation
13–1c. Undue Influence
13–1d. Duress
13–2. Performance and Discharge
13–2a. Conditions
13–2b. Discharge by Performance
13–2c. Discharge by Agreement of the Parties
13–2d. Discharge by Operation of Law
13–2e. Waiver of Breach
13–3. Damages
13–3a. Types of Damages
13–3b. Liquidated Damages versus Penalties
13–4. Equitable Remedies for Contract Breach
13–4a. Rescission and Restitution
13–4b. Specific Performance
13–4c. Reformation
13–5. Contract Provisions Limiting Remedies
Practice and Review: Contract Performance, Breach, and Remedies
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 14. Sales and Lease Contracts
14–1. The Scope of Articles 2 (Sales) and 2A (Leases)
14–1a. Article 2—The Sale of Goods
14–1b. Article 2A—Leases
14–2. The Formation of Sales and Lease Contracts
14–2a. Offer
14–2b. Acceptance
14–2c. Consideration
14–2d. The Statute of Frauds
14–2e. Unconscionability
14–3. Title, Risk, and Insurable Interest
14–3a. Identification
14–3b. When Title Passes
14–3c. Risk of Loss
14–3d. Insurable Interest
14–4. Performance Obligations in Sales and Lease Contracts
14–4a. Obligations of the Seller or Lessor
14–4b. Obligations of the Buyer or Lessee
14–5. Remedies for Breach of Sales and Lease Contracts
14–5a. Remedies of the Seller or Lessor
14–5b. Remedies of the Buyer or Lessee
14–6. Warranties
14–6a. Warranties of Title
14–6b. Express Warranties
14–6c. Implied Warranties
14–6d. Warranty Disclaimers
14–7. Contracts for the International Sale of Goods
14–7a. Applicability of the CISG
14–7b. A Comparison of CISG and UCC Provisions
Practice and Review: Sales and Lease Contracts
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Appendix to Chapter 14. An Example of a Contract for the International Sale of Coffee
Chapter 15. Creditor-Debtor Relations and Bankruptcy
15–1. Laws Assisting Creditors
15–1a. Liens
15–1b. Garnishment
15–1c. Creditors’ Composition Agreements
15–1d. Suretyship and Guaranty
15–2. Mortgages
15–2a. Fixed-Rate versus Adjustable-Rate Mortgages
15–2b. Mortgage Provisions
15–2c. Mortgage Foreclosure
15–3. Protection for Debtors
15–3a. Exempted Real Property
15–3b. Exempted Personal Property
15–4. The Bankruptcy Code
15–4a. Bankruptcy Courts
15–4b. Types of Bankruptcy Relief
15–4c. Special Requirements for Consumer-Debtors
15–5. Liquidation Proceedings
15–5a. Voluntary Bankruptcy
15–5b. Involuntary Bankruptcy
15–5c. Automatic Stay
15–5d. Estate in Bankruptcy
15–5e. The Bankruptcy Trustee
15–5f. Exemptions
15–5g. Creditors’ Meeting
15–5h. Creditors’ Claims
15–5i. Distribution of Property
15–5j. Discharge
15–5k. Reaffirmation of Debt
15–6. Reorganizations
15–6a. Best Interests of the Creditors
15–6b. Debtor in Possession
15–6c. Creditors’ Committees
15–6d. The Reorganization Plan
15–7. Bankruptcy Relief under Chapter 12 and Chapter 13
15–7a. Individuals’ Repayment Plans—Chapter 13
15–7b. Family Farmers and Fishermen—Chapter 12
Practice and Review: Creditor-Debtor Relations and Bankruptcy
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Unit Three. Task-Based Simulation
Unit Three. Application and Ethics
Unit Four. The Business and Employment Environment
Chapter 16. Small Businesses and Franchises
16–1. General Considerations for Small Businesses
16–1a. Requirements for All Business Forms
16–1b. Protecting Intellectual Property
16–1c. Obtaining Loans
16–2. Sole Proprietorships
16–2a. Advantages of the Sole Proprietorship
16–2b. Disadvantages of the Sole Proprietorship
16–3. Partnerships
16–3a. Basic Partnership Concepts
16–3b. Formation and Operation
16–3c. Duties and Liabilities of Partners
16–3d. Dissociation and Termination
Effects of Dissociation
16–4. Franchises
16–4a. Types of Franchises
16–4b. Laws Governing Franchising
16–4c. The Franchise Contract
16–4d. Franchise Termination
Practice and Review: Small Businesses and Franchises
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 17. Limited Liability Business Forms
17–1. The Limited Liability Company
17–1a. The Nature of the LLC
17–1b. The Formation of the LLC
17–1c. Jurisdictional Requirements
17–1d. Advantages of the LLC
17–1e. Disadvantages of the LLC
17–2. LLC Management and Operation
17–2a. Management of an LLC
17–2b. Fiduciary Duties
17–2c. The LLC Operating Agreement
17–3. Dissociation and Dissolution of an LLC
17–3a. Effects of Dissociation from an LLC
17–3b. Dissolution of an LLC
17–3c. Winding Up of an LLC
17–4. Limited Liability Partnerships
17–4a. Formation of an LLP
17–4b. Liability in an LLP
17–4c. Family Limited Liability Partnerships
17–5. Limited Partnerships
17–5a. Formation of an LP
17–5b. Liabilities of Partners in an LP
17–5c. Rights and Duties of Partners in an LP
17–5d. Dissociation and Dissolution of an LP
17–5e. Limited Liability Limited Partnerships
Practice and Review: Limited Liability Business Forms
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 18. Corporations
18–1. Nature and Classification
18–1a. Corporate Personnel
18–1b. The Limited Liability of Shareholders
18–1c. Corporate Earnings and Taxation
18–1d. Criminal Acts
18–1e. Tort Liability
18–1f. Classification of Corporations
18–2. Corporate Formation and Powers
18–2a. Promotional Activities
18–2b. Incorporation Procedures
18–2c. First Organizational Meeting to Adopt Bylaws
18–2d. Improper Incorporation
18–2e. Corporate Financing
18–2f. Corporate Powers
18–3. Piercing the Corporate Veil
18–3a. Factors That Lead Courts to Pierce the Corporate Veil
18–3b. A Potential Problem for Close Corporations
18–3c. The Alter-Ego Theory
18–4. Corporate Directors and Officers
18–4a. Role of Directors and Officers
18–4b. Duties and Liabilities of Directors and Officers
18–5. Shareholders
18–5a. Shareholders’ Powers
18–5b. Shareholders’ Meetings
18–5c. Shareholder Voting
18–5d. Rights of Shareholders
18–5e. Duties and Liabilities of Shareholders
18–6. Major Business Forms Compared
Practice and Review: Corporations
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 19. Agency Relationships
19–1. Agency Law
19–1a. Employer-Employee Relationships
19–1b. Employer–Independent Contractor Relationships
19–1c. Determination of Employee Status
19–2. Formation of the Agency Relationship
19–2a. Agency by Agreement
19–2b. Agency by Ratification
19–2c. Agency by Estoppel
19–2d. Agency by Operation of Law
19–3. Duties, Rights, and Remedies of Agents and Principals
19–3a. Agent’s Duties to the Principal
19–3b. Principal’s Duties to the Agent
19–3c. Rights and Remedies of Agents and Principals
19–4. Agent’s Authority
19–4a. Express Authority
19–4b. Implied Authority
19–4c. Apparent Authority
19–4d. Emergency Powers
19–4e. Ratification
19–5. Liability in Agency Relationships
19–5a. Liability for Contracts
19–5b. Liability for Torts and Crimes
19–6. Termination of an Agency
19–6a. Termination by Act of the Parties
19–6b. Termination by Operation of Law
Practice and Review: Agency Relationships
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 20. Employment Law
20–1. Employment at Will
20–1a. Common Law Exceptions to the Employment-at-Will Doctrine
20–1b. Wrongful Discharge
20–2. Wages, Hours, and Layoffs
20–2a. Child Labor
20–2b. Minimum Wages
20–2c. Tipped Workers
20–2d. Overtime Provisions and Exemptions
20–2e. Interaction of State and Federal Wage and Overtime Laws
20–2f. Layoffs
20–3. Family and Medical Leave
20–3a. Coverage and Applicability
20–3b. Benefits and Protections
20–3c. Violations
20–4. Health, Safety, and Income Security
20–4a. The Occupational Safety and Health Act
20–4b. State Workers’ Compensation Laws
20–4c. Income Security
20–5. Employee Privacy Rights
20–5a. Electronic Monitoring
20–5b. Other Types of Monitoring
Practice and Review: Employment Law
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 21. Employment Discrimination
21–1. Title VII of the Civil Rights Act
21–1a. The Equal Employment Opportunity Commission
21–1b. Limitations on Class Actions
21–1c. Intentional and Unintentional Discrimination
21–1d. Discrimination Based on Race, Color, and National Origin
21–1e. Discrimination Based on Religion
21–1f. Discrimination Based on Gender
21–1g. Constructive Discharge
21–1h. Sexual Harassment
21–1i. Online Harassment
21–1j. Remedies under Title VII
21–2. Discrimination Based on Age
21–2a. Procedures under the ADEA
21–2b. Replacing Older Workers with Younger Workers
21–2c. State Employees Not Covered by the ADEA
21–3. Discrimination Based on Disability
21–3a. Procedures under the ADA
21–3b. What Is a Disability?
21–3c. Reasonable Accommodation
21–4. Discrimination Based on Military Status
21–4a. Broad Application and Provisions
21–4b. Prima Facie Case of Discrimination under the USERRA
21–4c. Plaintiffs May Be Entitled to Promotions
21–5. Defenses to Employment Discrimination
21–5a. Business Necessity
21–5b. Bona Fide Occupational Qualification
21–5c. Seniority Systems
21–5d. After-Acquired Evidence of Employee Misconduct
21–6. Affirmative Action
21–6a. Equal Protection Issues
21–6b. State Laws Prohibiting Affirmative Action Programs
Practice and Review: Employment Discrimination
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 22. Immigration and Labor Law
22–1. Immigration Law
22–1a. The Immigration Reform and Control Act (IRCA)
22–1b. The Immigration Act
22–1c. State Immigration Legislation
22–2. Federal Labor Laws
22–2a. Norris-LaGuardia Act
22–2b. National Labor Relations Act
22–2c. Labor-Management Relations Act
22–2d. Labor-Management Reporting and Disclosure Act
22–3. Union Organization
22–3a. Union Elections
22–3b. Union Election Campaigns
22–3c. Collective Bargaining
22–4. Strikes and Lockouts
22–4a. The Right to Strike
22–4b. Illegal Strikes
22–4c. After a Strike Ends
22–4d. Lockouts
22–5. Unfair Labor Practices
22–5a. Employer’s Unfair Labor Practices
22–5b. Union’s Unfair Labor Practices
Practice and Review: Immigration and Labor Law
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Unit Four. Task-Based Simulation
Unit Four. Application and Ethics
Unit Five. The Regulatory Environment
Chapter 23. Administrative Agencies
23–1. The Practical Significance of Administrative Law
23–1a. Administrative Agencies Exist at All Levels of Government
23–1b. Agencies Provide a Comprehensive Regulatory Scheme
23–2. Agency Creation and Powers
23–2a. Enabling Legislation—An Example
23–2b. Types of Agencies
23–2c. Agency Powers and the Constitution
23–2d. The Administrative Procedure Act
23–3. The Administrative Process
23–3a. Rulemaking
23–3b. Enforcement
23–3c. Adjudication
23–4. Judicial Deference to Agency Decisions
23–4a. The Holding of the Chevron Case
23–4b. When Courts Will Give Chevron Deference to Agency Interpretation
23–5. Public Accountability
23–5a. Freedom of Information Act
23–5b. Government in the Sunshine Act
23–5c. Regulatory Flexibility Act
23–5d. Small Business Regulatory Enforcement Fairness Act
Practice and Review: Administrative Agencies
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 24. Consumer Protection
24–1. Advertising, Marketing, and Sales
24–1a. Deceptive Advertising
24–1b. Marketing
24–1c. Sales
24–2. Labeling and Packaging Laws
24–2a. Automobile Fuel Economy Labels
24–2b. Food Labeling
24–3. Protection of Health and Safety
24–3a. The Federal Food, Drug, and Cosmetic Act
24–3b. The Consumer Product Safety Act
24–3c. Health-Care Reforms
24–4. Credit Protection
24–4a. The Truth-in-Lending Act
24–4b. The Fair Credit Reporting Act
24–4c. The Fair and Accurate Credit Transactions Act
24–4d. The Fair Debt Collection Practices Act
Practice and Review: Consumer Protection
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 25. Environmental Law
25–1. Common Law Actions
25–1a. Nuisance
25–1b. Negligence and Strict Liability
25–2. Federal, State, and Local Regulations
25–2a. State and Local Regulations
25–2b. Federal Regulations
25–3. Air Pollution
25–3a. Mobile Sources
25–3b. Stationary Sources
25–3c. Violations of the Clean Air Act
25–4. Water Pollution
25–4a. The Clean Water Act
25–4b. Drinking Water
25–4c. Ocean Dumping
25–4d. Oil Pollution
25–5. Toxic Chemicals and Hazardous Waste
25–5a. Pesticides and Herbicides
25–5b. Toxic Substances
25–5c. The Resource Conservation and Recovery Act
25–5d. Superfund
Practice and Review: Environmental Law
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Activity
Chapter 26. Real Property and Land-Use Control
26–1. The Nature of Real Property
26–1a. Land and Structures
26–1b. Airspace and Subsurface Rights
26–1c. Plant Life and Vegetation
26–1d. Fixtures
26–2. Ownership and Other Interests in Real Property
26–2a. Ownership in Fee Simple
26–2b. Life Estates
26–2c. Concurrent Ownership
26–2d. Leasehold Estates
26–2e. Nonpossessory Interests
26–3. Transfer of Ownership
26–3a. Real Estate Sales Contracts
26–3b. Deeds
26–3c. Recording Statutes
26–3d. Adverse Possession
26–4. Limitations on the Rights of Property Owners
26–4a. Eminent Domain
26–4b. Inverse Condemnation
26–4c. Restrictive Covenants
26–5. Land-Use Control and Zoning
26–5a. Purpose and Scope of Zoning Laws
26–5b. Exceptions to Zoning Laws
Practice and Review: Real Property and Land-Use Control
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 27. Antitrust Law
27–1. The Sherman Antitrust Act
27–1a. Major Provisions of the Sherman Act
27–1b. Differences between Section 1 and Section 2
27–1c. Jurisdictional Requirements
27–2. Section 1 of the Sherman Act
27–2a. Per Se Violations versus the Rule of Reason
27–2b. Horizontal Restraints
27–2c. Vertical Restraints
27–3. Section 2 of the Sherman Act
27–3a. Monopolization
27–3b. Attempts to Monopolize
27–4. The Clayton Act
27–4a. Section 2—Price Discrimination
27–4b. Section 3—Exclusionary Practices
27–4c. Section 7—Mergers
27–4d. Section 8—Interlocking Directorates
27–5. Enforcement and Exemptions
27–5a. Agency Actions
27–5b. Private Actions
27–5c. Exemptions from Antitrust Laws
27–6. U.S. Antitrust Laws in the Global Context
27–6a. The Extraterritorial Application of U.S. Antitrust Laws
27–6b. The Application of Foreign Antitrust Laws
Practice and Review: Antitrust Law
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Chapter 28. Investor Protection and Corporate Governance
28–1. The Securities Act of 1933
28–1a. What Is a Security?
28–1b. Registration Statement
28–1c. Well-Known Seasoned Issuers
28–1d. Exempt Securities
28–1e. Exempt Transactions
28–1f. Violations of the 1933 Act
28–2. The Securities Exchange Act of 1934
28–2a. Section 10(b), SEC Rule 10b-5, and Insider Trading
28–2b. Regulation of Proxy Statements
28–2c. Violations of the 1934 Act
28–2d. Securities Fraud Online and Ponzi Schemes
28–3. State Securities Laws
28–3a. Requirements under State Securities Laws
28–3b. Concurrent Regulation
28–4. Corporate Governance
28–4a. Aligning the Interests of Officers and Shareholders
28–4b. Promoting Accountability
28–4c. The Sarbanes-Oxley Act
Practice and Review: Investor Protection and Corporate Governance
Terms and Concepts
Issue Spotters
Business Scenarios and Case Problems
Time-Limited Group Assignment
Unit Five. Task-Based Simulation
Unit Five. Application and Ethics
Appendix A. How to Brief Cases and Analyze Case Problems
Frank Cross was the Herbert D. Kelleher Centennial Professor of Business Law at The University of Texas at Austin Law School, where his research centered on judicial decision-making, the economics of law and litigation and traditional policy and doctrinal issues in administrative law. He wrote several books as well as pieces for the Yale Law Journal, Columbia Law Review, University of Chicago Law Review, New York University Law Review, Texas Law Review, Virginia Law Review, Cornell Law Review, Georgetown Law Journal, Northwestern Law Review and UCLA Law Review. A former president of the Academy of Legal Studies in Business, Professor Cross received his B.A. from the University of Kansas and J.D. from Harvard Law School.
Roger LeRoy Miller is currently Director of the Institute for University Studies in Arlington, Texas. He has served on the faculty of several universities, including the University of Washington, Clemson University and the University of Miami School of Law. As a professor, he has taught intellectual property law and entertainment law, among other subjects. A widely published and respected author, his work has appeared in the Insurance Counsel Journal, Defense Re-search, California Trial Lawyers Journal, Antitrust Bulletin, Wisconsin Law Review and Connecticut Law Review. He has authored or co-authored numerous authoritative textbooks on law, including “Business Law: Text & Cases”; “Business Law Today: Text & Summarized Cases” and “The Legal Environment Today.” Professor Miller completed his studies at the University of California at Berkeley and the University of Chicago.
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