Solution Manual For The Legal and Regulatory Environment of Business, 19th Edition By Marisa Pagnattaro, Daniel Cahoy, Julie Manning Magid, Peter Shedd
Solution Manual For The Legal and Regulatory Environment of Business, 19th Edition By Marisa Pagnattaro, Daniel Cahoy, Julie Manning Magid, Peter Shedd-The purpose of this chapter is to introduce the students to the subject of law and to some classifications of its subject matter. In addition, it is designed to instill in them respect for the role of the ―rule of law‖ in the society and that the judicial system is the most important stabilizing force in society. It should create an awareness that law is a foundation for the private market and ―property‖ as a legal concept underpins that market and contributes to the maximum wealth of nations through productivity. This chapter also describes stare decisis, basic sources of the American law, and sanctions that can be imposed when the law is not followed. References Bethell, Tom, The Noblest Triumph (1999). Bernstein, William J., The First of Plenty. McGraw-Hill (2004). Driegel, Blandine, The State and the Rule of Law. Princeton U. Press (1995). Friedman, Lawrence M., American Law, 2d ed. Norton (1998). Harnett, Bertram, Law, Lawyers and Laymen: Making Sense of the American Legal System. San Diego: Harcourt Brace Jovanovich (1984). Helpman, Elhanan, The Mystery of Economic Growth. Belknap Press (2004). Holmes, The Common Law. Little, Brown and Company (1922). Kelman, M., A Guide to Critical Legal Studies. Harvard (1988). Pound, An Introduction to the Philosophy of Law. Yale University Press (1922). Reed, O. Lee, ―Law, the Rule of Law, and Property,‖ American Business Law Journal, Vol. 38 (2001). Reed, O. Lee, ―Nationbuilding 101: Reductionism in Property, Liberty, and Corporate Governance,‖ 36 Vanderbilt Journal of Transitional Law 673 (2003). The Spirit of the Common Law. Marshall Jones Co. (1921). Teaching Outline I. Introduction A. Why Law and Regulations Are Fundamental Foundations for Business (LO 1-1) Emphasize: That by studying the legal and regulatory environment of business, students will gain an understanding of basic legal vocabulary and gain the ability to identify problematic situations that could result in liability. That because of the positive role lawyers can play, they are increasingly being asked to join corporate boards. Sidebar 1.1 titled ‗Sustainability and Integrity: Cautionary Tales of Legal Liability.‘ II. Law, the Rule of Law, and Property A. Law Emphasize: The simple definition of law. It can be elaborated by observing that law is a rule-based, state-enforced formal ordering system with moral elements. That adequate law and legal institutes promote the certainty and trust necessary for complex, long-term business arrangements. In an economic sense, they lower the costs of transacting business. Additional Matters for Discussion: Discuss that law formalizes values and traditions and that law is more needed in a large, heterogeneous modern nation than in a smaller, homogeneous nation. Compare the U.S. and Japan. It is not too early in this chapter to ask students whether or not lack of law and strict regulation facilitated the economic crash and recession that began in 2008. Ask students to comment on how mistrust of law and lawmakers precipitated the ―Occupy Wall Street‖ and other ―Occupy…‖ movements that arose in 2011. Discuss how the law impacts the COVID 19 restrictions on businesses opening in 2020. B. The Rule of Law Emphasize: That under a rule of law, laws are generally and equally applicable. That lack of the rule of law internationally has produced hundreds of calls for it in the last several years by business and political leaders. Get students to search for rule-oflaw references in computer databases. That the complete rule of law is an ideal rather than a fact in even the most democratic societies. Additional Matters for Discussion: Get students to discuss why the managing director of J.P. Morgan and Co. called the rule of law ―a cornerstone of free trade.‖ Ask students why the rule of law tends to produce rules that benefit everyone. Answer: Because laws apply generally and equally to everyone, the only way lawmakers can benefit themselves is by benefitting everyone. This answer is theoretical, of course. Lawmakers are often benefited individually for making laws that favor special interests. Ask students to imagine how society would be with no laws. What if the governor of one‘s state announced that tomorrow would be no-law day and that nothing would be penalized or enforced, no police would be present and no penalties would result from anyone‘s actions. What would the students do? One is likely to find that after a few fleeting and whimsical thoughts, they wo
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