Contemporary business law
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書誌事項
Contemporary business law
Prentice Hall, 1997
2nd ed
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Includes indexes
内容説明・目次
内容説明
For courses in Business Law. Exceptionally student-friendly, this full-color introduction to contemporary business law offers full coverage and clear explanations of traditional business law topics AND addresses the legal environment in which business must operate - e.g. Over 100 enrichment boxes focus on contemporary, ethical, and international issues, and over 150 contemporary cases provide examples of the application of the law. Optional Critical Legal Thinking Writing exercises conclude each chapter. Broad in scope, the text meets the AACSB's curriculum standards on ethics and globalization and on government regulation. NOTE: Contemporary Business Law, 2/E features much of the same comprehensive coverage -- but briefer cases -- than Cheeseman's Business Law, 2/E.
目次
(NOTE: Each chapter concludes with Chapter Summary, Critical Legal Thinking Cases, Ethics Cases, and Critical Legal Thinking Writing Assignment.) Critical Legal Thinking. I. THE LEGAL ENVIRONMENT OF BUSINESS. 1. Critical Legal Thinking and the U.S. Constitution. What Is Law? Contemporary Business Environment: Feminist Legal Theory. Schools of Jurisprudential Thought. History of American Law. Sources of Law in the United States. Critical Legal Thinking. The Constitution and Business. The Supremacy Clause. CASE: Capital Cities Cable, Inc. v. Crisp, Director, Oklahoma Alcoholic Beverage Control Board (U.S.). The Commerce Clause. CASE: United States v. Lopez (U.S.). CASE: Fort Gratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources (U.S.). The Bill of Rights and Business. Business Application: Rap Music: When Is It Obscene? Other Constitutional Clauses and Business. Ethical Perspective: When are Punitive Damages Excessive? CASE: Nordlinger v. Hahn (U.S.). International Perspective: Legal Systems of the World. Business Checklist: Due Process. 2. Ethics and Social Responsibility of Business. Laws and Ethics. Ethical Perspective: Can Company Canned. Moral Theories and Business Ethics. Ethical Perspective: Sears's Auto Repair Centers: Who Got the Lube Job? Business Application: General Motors Skips Town. Ethical Perspective: Hypocrite or Hippocratic Oath: A Difficult Choice. The Social Responsibility of Business. Ethical Perspective: Where There's Smoke, There's ... Ethical Perspective: The Exxon Valdez: Did Business Run Aground on Environmental Protection? International Perspective: Ethical Issues in International Business: Payment of Bribes Makes for a Cushy Landing for an Aircraft Manufacturer. Business Checklist: The Corporate Social Audit. 3. Judicial and Alternative Dispute Resolution. The State Court System. Contemporary Business Environment: Specialized Courts Hear Commercial Disputes. The Federal Court System. Contemporary Business Environment: The Process of Choosing a Supreme Court justice. The Jurisdiction of Courts. CASE: Christensen v. Pasadena Crematorium of Altadena (Cal.). CASE: International Controls Corporation v. Vesco (2d Cir.). Business Application: Forum-Selection and Choice of Law Clauses. The Pretrial Litigation Process. Ethical Perspective: Texas' Lawyers Creed. The Trial. CASE: Ferlito v. Johnson & Johnson Products, Inc. (E.D.Mich.). The Appeal. Administrative Law: Agencies and Procedure. Alternative Dispute Resolution. Contemporary Business Environment: The Federal Arbitration Act. International Perspective: Comparison of the Japanese and American Legal Systems. Business Checklist: Cost-Benefit Analysis of a Lawsuit. 4. Intentional Torts, Negligence, and Strict Liability. Intentional Torts Against Persons. CASE: Colonial Stores, Inc. v. Fishel (Ga.). Intentional Torts Against Property. Unintentional Torts (Negligence). Contemporary Business Environment: Ouch! This Coffee's Too Hot! CASE: Fischer v. Pepsi Cola Bottling Company of Omaha, Inc. Ethical Perspective: Proximate Cause: Is a Singer Liable When Someone Acts Upon His Lyrics? Contemporary Business Environment: Accountant's Liability. CASE: Estrada v. Aeronaves de Mexico, SA. (9th Cir.). Business Application: Soldier of Fortune Magazine Liable for Advertisement. CASE: Knight v. Jewett (Cal.). Business Torts. Ethical Perspective: BMW of North America Found Liable for Nondisclosure. Strict Liability. CASE: Klein v. Pyrodyne Corp. (Wash.). International Perspective: Israeli Tort Law. Business Checklist: Bringing a Malicious Prosecution Case. 5. Intellectual Property Rights. Unfair Competition. A Question of Ethics: Hallmark Greeted by an Unfair Competition Lawsuit. CASE: McNeil-P.C.C., Inc. v. Bristol-Myers Squibb Co. (2nd Cir.). CASE: Mitchell v. Globe International Publishing, Inc. (8th Cir.). CASE:White v. Samsung Electronics America, Inc. (9th Cir.). Contemporary Business Environment: Sound-Alikes. Intellectual Property. Patents. Ethical Perspective: Inventor Wipes Ford's and Chrysler's Windshields Clean. Copyrights. Contemporary Business Environment: Say Cheese! Camera. Companies Lose Patent Infringement Case. Business Application: Supreme Court Raps Roy Orbison's "Oh, Pretty Woman" Recording. Contemporary Business Environment: Copyrighting Software Trademarks. Contemporary Business Environment: Color May Be Trademarked. Ethical Perspective: It Is a Violation of the Lanham Act to Wear Another's Trade Dress. International Perspective: International Protection of Intellectual Property Rights. Business Checklist: Artists' "Moral Rights" in Creative Works Protected under Federal Statute. 6. Criminal Law and Business Crimes. Definition of a Crime. Corporate Criminal Liability. CASE: United States v. Hughes Aircraft Co., Inc. (9th Cir.). Criminal Procedure. Ethical Perspectives: Should Crime Pay? Crimes Affecting Business. CASE: Evans v. United States (U.S.). White-Collar Crimes. Ethical Perspective: Criminal Fraud: ZZZZ Best. CASE: Russello v. United States (U.S.). Inchoate Crimes. Contemporary Business Environment: The Crime of the 1990s: Money Laundering. Constitutional Safeguards. Business Application: Warrantless Searches of Regulated Industries Condoned by the U.S. Supreme Court. International Perspective: The Foreign Corrupt Practices Act. Business Checklist: The Miranda Rights. 7. International Law and Dispute Resolution. The United States and Foreign Affairs. Sources of International Law. The United Nations. International Regional Organizations. International Perspective: The North American Free Trade Agreement. International Courts. Ethical Perspective: Jurisdiction of Courts: The Bhopal Disaster. Judicial Resolution of International Disputes. CASE: W.S. Kirkpatrick & Co., Inc. v. Environmental Tectonics Corporation, International (U.S.). CASE: Republic of Argentina v. Weltover, Inc. (U.S.). International Arbitration. Business Application: Arbitration of International Business Disputes. CASE: United States v. Alvarez-Machain (U.S.). International Perspective: International Dispute Resolution: The World Trade Organization. II. CONTRACTS. 8. Nature and Classification of Contracts. Definition of a Contract. Requirements of a Contract. Sources of Contract Law. Contemporary Business Environment: The Evolution of the Modern Law of Contracts. Classifications of Contracts. Business Application: Owner of Scrabble Spelled "L-O-S-E-R." CASE: City of Everett, Washington v. Mitchell (Wash.). CASE: Dines v. Liberty Mutual Insurance Company (Ma.). Equity. Ethical Perspective: Equity to the Rescue. International Perspective: The United Nations Convention on Contracts for the International Sale of Goods. Business Checklist: The Difference between a Bilateral and Unilateral Contract. 9. Agreement and Consideration. Agreement. Requirements of an Offer. Contemporary Business Environment: Contracting by Fax. CASE: Mesaros v. United States (Fed. Cir.). Termination of the Offer. CASE: Logan Ranch, Karg Partnership v. Farm Credit Bank of Omaha (Neb.). Acceptance. CASE: Soldau v. Organon, Inc. (9th Cir.). Consideration. CASE: Alden v. Presley (Tenn.). Special Issues Concerning Consideration. Business Application: Using "Best Efforts" : Brewer Stumbles and Falls. CASE: Dementas v. Estate of Tallas (Utah). Ethical Perspective: When Is Consideration Inadequate. Promissory Estoppel. International Perspective: The Law of the Sea: Exclusive Economic Zones. Business Checklist: The Use of Output and Requirements Contracts in Business. 10. Capacity and Legality. Minors. CASE: Jones v. Free Flight Sport Aviation, Inc. Contemporary Business Environment: A Babe in the Woods? Mentally Incompetent Persons. Intoxicated Persons. CASE: Smith v. Williamson. Illegality -- Contracts Contrary to Statutes. Illegality -- Contracts Contrary to Public Policy. CASE: Flood v. Fidelity & Guaranty Life Insurance Co. Ethical Perspective: A Fair-Weather Broadcaster. CASE: Gardner v. Downtown Porsche Audi. Effect of Illegality. CASE: Ryno v. Tyra. Unconscionable Contracts. Ethical Perspective: Foreclosing on a Loan Shark. International Perspective: Comity: The Golden Rule among Nations. Business Checklist: Statutes That Make Minors Liable for Special Types of Contracts. 11. Defenses to the Enforcements of Contracts. Mistakes. CASE: Wells Fargo Credit Corp. v. Martin (Fla.). CASE: Konic International Corp. v. Spokane Computer Services, Inc. (Idaho). Fraudulent Misrepresentation. CASE: Wilson v. Western National Life Insurance Co. (Cal.). Undue Influence. Ethical Perspective: Undue Influence: Fleecing the Flock. Business Application: Economic Duress. Statute of Frauds-Writing Requirement. CASE: Sutton v. Warner (Cal.). Ethical Perspective: Grape Grower Stomped. Sufficiency of t he Writing. CASE: Malmstrom v. Kaiser Aluminum & Chemical Corp. (Cal.). International Perspective: Writing Requirement for International Contracts. Business Checklist: Standards of Interpretation for Contracts. 12. Third-Party Rights and Discharge of Contracts. Assignment of Rights. CASE: Evening News Association, Inc. v. Peterson (D.D.C.). Delegation of Duties. CASE: Loftus v. American Realty Company (Iowa). Third-Party Beneficiaries. CASE: Bain v. Gillispie (Iowa). Promises of Performance. Ethical Perspective: Satisfaction Clause: "I Don't Like It." Discharge of Performance. CASE: Parker v. Arthur Murray, Inc. (Ill.). Contemporary Business Environment: The Doctrine of Commercial Impracticability. International Perspective: Law of Excuse in International Sales Contracts. Business Checklist: Which Party Prevails When There Have Been Successive Assignments of the Same Right? 13. Contract Remedies and Torts Associated with Contracts. Performance Breach CASE: W.E. Erickson Construction, Inc. v. Congress-Kenilworth Corp. (Ill.). Monetary Damages CASE: Super Valu Stores, Inc. v. Peterson (Ala.). CASE:California and Hawaiian Sugar Co. v. Sun Ship, Inc. (9th Cir.). CASE: Parker v. Twentieth Century-Fox Film Corp. (Cal.). Recission and Restitution. Equitable Remedies. CASE: Okun v. Morton (Cal.). Torts Associated with Contracts. Business Application: Pennzoil v. Texaco: An Expensive Handshake. CASE: Gourley v. State Farm Mutual Automobile Insurance Co. (Cal.). International Perspective: Gray Market Goods. Business Checklist: Enforcement of Remedies: Attachment and Garnishment. III. COMMERCIAL TRANSACTIONS. 14. Formation of Sales and Lease Contracts. Scope of Article 2 (Sales). CASE: Hector v. Cedars-Sinai Medical Center (Cal.). Scope of Article 2A (Leases). Contemporary Business Environment: The Uniform Commercial Code. Formation of Sales and Lease Contracts. Business Application: Who Wins the "Battle of the Forms" ? Ethical Perspective: A Chicken Farmer Gets Plucked. Identification and Passage of Title. Contemporary Business Environment: Bulk Sales Law Dumped. Risk of Loss-No Breach of Sales Contract. Risk of Loss-Conditional Sales. CASE: Prewitt v. Numismatic Funding Corp. (8th Cir.). Risk of Loss-Breach of Sales Contract. Risk of Loss in Lease Contracts. Sales by Nonowners. CASE: York Auto Clinic, Inc. v. Lombard (Conn.). CASE: Schluter v. United Farmers Elevator (Minn.). International Perspective: Use of Letters of Credit in International Trade. Business Checklist: Insuring against Loss in Sales and Lease Contracts. 15. Performance of Sales and Lease Contracts. Seller's and Lessor's Obligations. CASE: Joc Oil USA, Inc. v. Consolidated Edison Co. of New York, Inc. (N.Y.). Ethical Perspective: Good Faith and Reasonableness Govern the Performance of Sales and Lease Contracts. Buyer's and Lessee' s Obligations. CASE: Fortin v. Ox-Bow Marina, Inc. (Mass.). Business Application: The United Nations Convention on Contracts for the International Sale of Goods. Assurance of Performance. Anticipatory Repudiation. Ethical Perspective: Unconscionable Sales and Lease Contracts. Seller's and Lessor's Remedies. Contemporary Business Environment: Lost Volume Seller. Buyer's and Lessee's Remedies. CASE: Red River Commodities, Inc. v. Eidsness (N.D.). Contemporary Business Environment: Calculating Damages for the Breach of an Automobile Lease. Statute of Limitations. Agreements Affecting Remedies. International Perspective: Nonconformity in International Sales Contracts. Business Checklist: Is it Better to Finance or Lease Your Vehicle? 16. Warranties and Product Liability. Warranties of Title and No Infringements. Warranties of Quality. CASE: Daughtrey v. Ashe (Va.). CASE: Goodman v. Wendy's Foods, Inc. (N.C.). Ethical Perspective: Should a Disclaimer Be Sacked? Contemporary Business Environment: Magnuson-Moss Warranty Act. Tort Liability Based on Fault. The Doctrine of Strict Liability. The Concept of Defect. CASE: Shoshone Coca-Cola Bottling Co. v. Dolinski (Nev.). CASE: Stanley-Bostitch, Inc. v. Drabik (Mo.). Business Application: Crashworthiness Doctrine: Mosley v. General Motors. CASE: Nowak v. Faberge USA Inc. (3rd Cir.). Ethical Perspective: Breast Implant Litigation. Defenses to Product Liability. CASE: Daniell v. Ford Motor Co., Inc. (D.N.M.). International Perspective: Product Liability in Japan. Business Checklist: Lemon Laws Protect Automobile Purchasers. 17. Creation and Transfer of Negotiable Instruments. Revised Article 3 (Negotiable Instruments) of the UCC. Functions of Negotiable Instruments. Types of Negotiable Instruments. Business Application: Promissory Notes as Negotiable Instruments. Creating A Negotiable Instrument. Contemporary Business Environment: Are Variable Interest Rate Notes Negotiable Instruments? Nonnegotiable Contracts. Transfer By Assignment or Negotiation. Indorsements. CASE: J. Gordon Neely Enterprises, Inc. v. American National Bank of Huntsville (Ala.). CASE: Alves v. Baldaia (Ohio). Forged Indorsements. CASE: Cornwell Quality Tool Co. v. Centran Bank (Ohio). International Perspective: Negotiable Instruments Payable in Foreign Currency. Business Checklist: Multiple Payees or Indorsees. 18. Holder in Due Course, Liability, and Defenses. Holder Versus Holder in Due Course. Requirements for HDC Status. Signature Liability of Parties. CASE: Grand Island Production Credit Assn. v. Humphrey (Neb.). CASE: Clements v. Central Bank of Georgia (Ga.). Ethical Perspective: Why Be So Accommodating? Warranty Liability of Parties. Defenses. CASE: Kedzie & 103rd Currency Exchange, Inc. v. Hodge (Ill.). Contemporary Business Environment: The FFC Eliminates HDC Status with Respect to Consumer Credit Transactions. Business Application: Maker of Promissory Note Liable to HDC Discharge. International Perspective: Import and Export Restrictions. Business Checklist: Acquiring HDC Status under the Shelter Principle. 19. Checks, Wire Transfers, and the Banking System. The Bank-Customer Relationship. The Uniform Commercial Code. Ordinary Checks. Special Types of Checks. Honoring Checks. CASE: Buckley v. Trenton Savings Fund Society (N.J.). Forged Signatures and Altered Checks. Ethical Perspective: Sinking the Banks' "Float." Bank's Duty to Accept Deposits. CASE: Golden Gulf, Inc. v. AmSouth Bank, N.A. (Ala.). Business Application: Missing the "Midnight Deadline" -- A Bank Turns into a Pumpkin. Electronic Fund Transfer Systems. Contemporary Business Environment: Consumer Rights Provided by the Electronic Fund Transfer Act. Contemporary Business Environment: Commercial Wire Transfers: Article 4A of the Uniform Commercial Code. International Perspective: Antidumping Laws. Business Checklist: New Requirements for Postdating Checks. 20. Credit, Suretyship, and Secured Transactions. Types of Credit. Business Application: Klondike Bar's Unsecured Claim Melts. Security Interests in Real Property. Security Interests in Personal Property-Article 9 of the UCC. Creating a Security Interest in Personal Property. Perfecting a Security Interest. CASE: In Re Walker (Bk.M.D. Fla.). CASE: In Re Greenbelt Cooperative, Inc. (Bk. Md.). CASE: In Re Phillips (Bk.W.D. Va.). Contemporary Business Environment: Perfection of Security. Interests in Automobiles. Priority of Claims. Default. Secured Creditor's Remedies. Ethical Perspective: The Repo Man. Surety and Guaranty Arrangements. CASE: General Motors Acceptance Corp. v. Daniels (Md.). Collection Remedies. International Perspective: Availability of International Credit. Business Checklist: Artisan's and Mechanic's Liens. 21. Bankruptcy and Reorganization. Overview of Federal Bankruptcy Law. CASE: Green v. Welsh (2nd Cir.). Property of the Bankruptcy Estate. CASE: In Re Witwer (13k.C.D. Cal.). Contemporary Business Environment: Homestead Exemptions: More than Just a Log Cabin. Distribution of Property and Discharge. CASE: In Re Williams (Bk.E.D. N.C.). Chapter 11 Reorganization Bankruptcy. CASE: In Re Johns-Manville Corp. (Bk.S.D. N.Y.). Business Application: Dow Corning Files for Bankruptcy. Plan of Reorganization. Confirmation of a Plan of Reorganization. Contemporary Business Environment: Orange County Tumbles into Bankruptcy. Chapter 13 Consumer Debt Adjustment. International Perspective: Reorganization under British Bankruptcy Law. Business Checklist: Whether a Debtor Should Sign a Reaffirmation Agreement. IV. BUSINESS ORGANIZATIONS. 22. Agency. The Nature of Agency. Kinds of Employment Relationships. CASE: Torres v. Reardon (Cal.). Formation of the Agency Relationship. Contemporary Business Environment: Apparent Agency in Franchising. Agent's Duties. Ethical Perspective: Double Agent. Principal's Duties. Contract Liability to Third Parties. Business Application: The New York Times Recycled by the Court. CASE: You'll See Seafoods, Inc. v. Gravois (La.). Tort Liability to Third Parties. CASE: Edgewater Motels, In c. v. Gatzke and Walgreen Co. (Minn.). CASE: Sussman v. Florida East Coast Properties, Inc. (Fla.). CASE: Desert Cab Inc. v. Marino (Nev.). Liability for Independent Contractor's Torts. CASE: MBank ElPaso, N.A. v. (Tex.). Criminal Liability of Principals and Agents. Termination of an Agency. International Perspective: Foreign Agents and Distributors. Business Checklist: Required Notification of the Termination of an Agency. 23. Sole Proprietorships and Franchises. Sole Proprietorships. Franchises. Disclosure Protection. Contemporary Business Environment: Federal Trade Commission Rule. The Franchise Agreement. Ethical Perspective: Haagen Dazs Ice Cream Franchise Melts. Trademark Law, Trade Secrets, and Franchising. CASE: Baskin-Robbins Ice Cream Co. v. D&L Ice Cream Co., Inc. (E.D.N.Y.). Contract and Tort Liability of Franchisors and Franchisees. CASE: Martin v. McDonald's Corp. (Ill.). CASE: Cislaw v. Southland Corp. (Cal.). CASE: Holiday Inns, Inc. v. Shelburne (Fla.). Antitrust Law and Franchising. Business Application: Sports Franchises: I'll Take My Ball and Go Home. Termination of Franchises. International Perspective: International Franchising. Business Checklist: Required Disclosure of Earnings and Sales Projections by Franchisors. Direct Liability. 24. Partnerships and Limited Liability Companies. General Partnerships. Formation of General Partnerships. CASE: Vohland v. Sweet (Ind.). Rights Among Partners. Duties Among Partners. Ethical Perspective: Partner Loyalty: Taxing the Limits. Property Rights of the Partnership and Partners. CASE: Murgoitio v. Murgoitio (Idaho). Liability of Partners to Third Parties. CASE: Zuckerman v. Antenucci (N.Y.). Termination of Partnerships. CASE: Lemay Bank & Trust Co. v. Lawrence (Mo.). Limited Partnerships. Contemporary Business Environment: Master Limited Partnerships. Limited Liability Companies (LLCs). Business Application: DreamWorks SKG: The Ultimate LLC. International Perspective: Partnerships Outside the United States. Business Checklist: Why Operate a Business as a Limited Liability Company (LLC)? 25. The Nature, Formation, and Financing of Corporations. Nature of the Corporation. CASE: Joslyn Manufacturing Co. v. T. L. James & Co., Inc. (5th Cir.). Contemporary Business Environment: S Corporations. Classification of Corporations. Ethical Perspective: Professionals Dodge Corporate Liability. Promoters' Activities. CASE: Coopers & Lybrand v. Fox (Col.). Incorporation Procedures. The Organization and Operation of the Multinational Corporation. Financing the Corporation. Corporate Powers. CASE: Pittelman v. Pearce (Cal.). CASE: Fresh & Fancy Produce, Inc. v. Brantley (Ga.). International Perspective: Conducting Business in a Foreign Country. Business Checklist: Selecting a Corporate Name. 26. Rights, Duties, and Liability of Corporate Directors, Officers, and Shareholders. Rights of Shareholders. CASE: Kamen v. Kemper Financial Services, Inc. (U.S.). Rights of Directors. Contemporary Business Environment: Committees of the Board of Directors. Rights of Officers. Contemporary Business Environment: Managing Close Corporations. Duties of Corporate Directors and Officers. CASE: Smith v. Van Gorkon (Del.). Ethical Perspective: Should Directors Be Left off the Hook? CASE: Hill v. Southeastern Floor Covering Co., Inc. (Miss.). Ethical Perspective: Breach of the Fiduciary Duty of Loyalty. Business Application: States Enact Constituency Statutes. Liability of Shareholders. CASE: Kinney Shoe Corp. v. Polan (4th Cir.). International Perspective: Nationalization of Privately Owned Property by Foreign Nations. Business Checklist: Indemnification and D & O Insurance Protection for Corporate Directors and Officers. 27. Mergers, Acquisitions, and Termination of Corporations. Solicitation of Proxies. Contemporary Business Environment: The SEC's 1992 Proxy Rules. Shareholder Proposals. Ethical Perspective: Shareholder Resolutions: Do They Promote Social Responsibility of Business? Mergers and Acquisitions. Dissenting Shareholder Appraisal Rights. CASE: In the Matter of the Appraisal of Shell Oil Company (Del.). Tender Offers. Contemporary Business Environment: Leveraged Buyouts. Ethical Perspective: Golden Parachutes: When Is the Landing Too Cushy? Fighting a Tender Offer. Contemporary Business Environment: Time-Warner-Paramount: Just Say No! Business Application: The Saga of Paramount-Viacom-QVC. State Antitrust Statutes. CASE: CTS Corp v. Dynamics Corp. (U.S.). Dissolution and Termination of Corporations. International Perspective: The Exon-Florio Law --Regulating Foreign Acquisitions of U.S. Businesses. Business Checklist: Shareholders Can Request Judicial Dissolution of a Corporation. 28. Securities Regulation and Investor Protection. The Securities and Exchange Commission (SEC). Definition of a Security. CASE: Hocking v. Dubios (9th Cir.). The Securities Act of 1933 -- Registration of Securities. Securities Exempt From Registration. Transactions Exempt From Registration. Liability Provisions of the Securities Act of 1933. CASE:Escott v. Barchris Construction Corp. (S.D.N.Y.). The Securities Exchange Act of 1934 -- Trading in Securities. Insider Trading. CASE: Securities and Exchange Commission v. Tex as Gulf Sulphur Co. (2nd Cir.). CASE: United States v. Chestman (2nd Cir.). Liability Provisions of the Securities Exchange Act of 1934. Business Application: Michael Milken: The Rise and Fall of the Junk Bond King. Short-Swing Profits. Other Federal Securities Laws. State Securities Laws. Commodities Regulation. Ethical Perspective: Commodity "Boiler Rooms." International Perspective: Enforcement of International Securities Laws. Business Checklist: Securities Investors Accounts Insured by the Securities Investor Protection Corporation (SIPC). V. GOVERNMENT REGULATION. 29. Consumer Protection. The FDA's Administration of The Federal Food, Drug, and Cosmetic Act. CASE: Community Nutrition Institute v. Young (D.C. Cir.). Contemporary Business Environment: A Hidden Source of Protein in the Peanut Butter. Other Acts Administered By the FDA. Contemporary Business Law: Less Baloney on the Shelves. Regulation of Product Safety. Ethical Perspective: Should All-Terrain Vehicles Be Grounded? Unfair and Deceptive Practices. Ethical Perspective: Colgate-Palmolive Co. Shaved by the FTC. Business Application: Kraft No Longer the "Big Cheese." Federal Consumer-Debtor Protection Laws. CASE: Towers World Airways, Inc. v. PHH Aviation Systems, Inc. (2nd Cir.). CASE: Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (U.S). Contemporary Business Environment: Telephone Consumer Protection Act. State Consumer-Debtor Protection Laws. International Perspective: Consumer Protection Laws in Mexico. Business Checklist: How to Avoid Being Taken in a Consumer Fraud. 30. Environmental Protection. Environmental Protection. The Environmental Protection Agency. Contemporary Business Environment: Indoor Air Pollution: A Frontier for Environmental Litigation. National Environmental Policy Act. Air Pollution. CASE: Natural Resources Defense Council, Inc. v. Environmental Protection Agency (D.C. Cir.). Contemporary Business Environment: Smog Swapping. Water Pollution. Ethical Perspective: Illegal Dumping of Pollutants. Business Application: The Oil Pollution Act of 1990. Toxic Substances. Hazardous Waste. CASE: United States v. Gratz (E.D. Pa.). Comprehensive Environmental Response, Compensation, and Liability Act (Superfund). CASE: O'Neil, Attorney General for the State of Rhode Island v. Picillo. Nuclear Waste. Preservation of Wildlife. CASE: Tennessee Valley Authority v. Hill, Secretary of the Interior (U.S.). Noise Pollution. State Environmental Protection Laws. International Perspective: Transborder Pollution. Business Checklist: Disclosing Environmental Liabilities to Shareholders. 31. Employment and Labor Law. Federal Labor Law. Organizing a Union. CASE: Lechmere, Inc. v. National Labor Relations Board (U.S.). Business Application : Plant Closing Act. Collective Bargaining. Contemporary Business Environment: State Right-to-Work Laws. Strikes and Picketing. Internal Union Affairs. Ethical Perspective: Work or Featherbedding? Worker's Compensation Acts. CASE: Smith v. Workers' Compensation Appeals Board (Cal.). Occupational Safety and Health Act. CASE: Corbesco, Inc. v. Dole, Secretary of Labor (5th Cir.). Fair Labor Standards Act. Employee Retirement Income Security Act (ERISA). Consolidated Omnibus Budget Reconciliation ACT (COBRA). Contemporary Business Environment: Employee Polygraph Protection Act. Immigration Reform and Control Act. CASE: Furr's/Bishop's Cafeterias, L.P. v. Immigration & Naturalization Service (10th Cir.). Contemporary Business Environment: Family and Medical Leave Act of 1993. Unemployment Compensation. Social Security. International Perspective: Mexican Labor Laws. Business Checklist: Minimum Wage and Overtime Pay Requirements. 32. Equal Opportunity in Employment. Equal Employment Opportunity Commission (EEOC) CASE: National Association for the Advancement of Colored People, Newark Branch v. Town of Harrison, New Jersey (D.N.J.). Sex Discrimination CASE: Barbano v. Madison County (2nd Cir.). CASE: Harris v. Forklift Systems, Inc. (U.S.). Ethical Perspective: The Glass Ceiling. Contemporary Business Environment: The Reasonable Woman Standard. Defenses to a Title VII Action. CASE: International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UAW v. Johnson Controls, Inc. (U.S.). Business Application: International Reach of U.S. Antidiscrimination Laws. Equal Pay Act of 1963. Age Discrimination in Employment Act of 1967. CASE: Taggart v. Time Incorporated (2nd Cir.). Rehabilitation Act of 1973. American with Disabilities Act of 1990. Civil Rights Act of 1866. Contemporary Business Environment: Civil Rights Act of 1991. Affirmative Action. Contemporary Business Environment: Affirmative Action Narrowed. State and Local Government Antidiscrimination Laws. International Perspective: Treaty of Friendship, Commerce, and Navigation with Japan. Business Checklist: Family and Medical Leave Act of 1993. 33. Antitrust Law. Overview of Federal Antitrust Law. Antitrust Penalties. Section 1 of the Sherman Act -- Restraints of Trade. Horizontal Restraints of Trade. CASE: Federal Trade Commission v. Superior Court Trial Lawyers Association (U.S.). Business Application: Reebok Throws in the Towel. CASE: Palmer v. Brg of Georgia, Inc. (U.S.). Ethical Perspective: The Justice Department Flunks the Ivy League Schools. Vertical Restraints of Trade. Defenses to Section 1 of the Sherman Act. Section 2 of the Sherman Act-Monopolization. CASE: Aspen Skiing Co. v. Aspen Highlands Skiing Corp. (U.S.). Contemporary Business Law: U.S. v. Microsoft Corporation. Section 3 of the Clayton Act-Tying Arrangements. Contemporary Business Environment: Copier Machine Manufacturer Jammed. Section 2 of the Clayton Act -- Price Discrimination. Section 5 of the Federal Trade Commission Act -- Unfair Methods of Competition. State Antitrust Laws. Ethical Perspective: Auto Dealers Given an Overhaul by the FTC. Exemptions from Antitrust Laws. Business Application: Baseball's Grand Slam Against Antitrust Laws. International Perspective: Japanese Keiretsus Ignore Antitrust Laws. Business Checklist: How Trade Association Members Can Avoid Antitrust Liability. VI. PROPERTY. 34. Personal Property and Bailments. The Nature of Personal Property. Acquiring Ownership in Personal Property. Ethical Perspective: What's Mine Is Mine and What's Yours Is Mine. CASE: Gruen v. Gruen (N.Y.). CASE: Giha v. Giha (R.I.). Mislaid, Lost, and Abandoned Property. CASE: Willsmore v. Township of Oceola, Michigan (Mich.). Business Application: Who Owns the Treasure Trove on the SS Central America? Bailments. CASE: Magliocco v. American Locker Co., Inc. (Cal.). Contemporary Business Environment: Parking Lots: Who Is Liable If Your Car Is Stolen? Special Bailments. CASE: Frockt v. Goodloe (N.C.). International Perspective: When Airlines Lose Luggage. Business Checklist: What Should a Finder of Lost or Mislaid Property Do? 35. Real Property and Landlord-Tenant Relationship. Nature of Real Property. Business Application: Air Rights: Value in the Heavens. Estates in Land. Freehold Estates. Future Interests. Concurrent Ownership. CASE: Cunningham v. Hastings (Ind.). Transfer of Ownership of Real Property. Ethical Perspective: Modem-Day Squatters. Nonpossessory Interests. CASE: Walker v. Ayres (Del.). Landlord-Tenant Relationship. Types of Tenancy. Landlord's Duties. CASE: Solow v. Wellner (N.Y.). Tenant's Duties. Contemporary Business Environment: Title III of the Americans with Disabilities Act. Tort Liability of Landlords and Tenants. CASE: Feld v. Merriam (Pa.). Transferring Rights to Leased Property. Contemporary Business Environment: Regulatory Taking. Land Use Control. CASE: Guinnane v. San Francisco City Planning Commission (Cal.). International Perspective: Sorting Out Real Property Ownership. Rights in the Former East Germany. Business Checklist: What a Person Should Do When Buying a Home. 36. Insurance, Wills, and Trusts. Insurance. The Insurance Contract. CASE: Malcolm v. Farmers New World Life Insurance Co. (Cal.). Business Application: No Fault Automobile Insurance. Defenses of the Insurer. CASE: Peckman v. Mutual Life Insurance Company of New York (N.Y.). Wills. Ethical Perspective: Murder She Wrote. Types of Testamentary Gifts. Law Today: Videotaped Wills. Special Types of Wills. CASE: Robison v. Graham (Okl.). Intestate Succession. Probate. Ethical Perspective: The Right to Die and Living Wills. Trusts. Types of Trusts. Termination of a Trust. International Perspective: Lloyd's of London. Business Checklist: Business Owners Purchase Key-Person Life Insurance. APPENDICES. Appendix A: Writing Assignments. Appendix B: The Constitution of the United States of America. Appendix C: The Uniform Commercial Code. Glossary. Case Index. Subject Index.
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