Welcome to…. OBE-118 Legal Environment of Business!!!. Professor John A. McKinsey. Fall 2004, Section 10, Tuesday Evenings. Finding Your Professor. Office Hours (TAHOE-2054) Tuesday 5:00 to 5:45 PM Thursday 9:00 to 9:45 AM or by appointment E-Mail firstname.lastname@example.org
Professor John A. McKinsey
Fall 2004, Section 10, Tuesday Evenings
- CSUS graduate
- Former nuclear power plant operator
- Why do I teach?
(See page 4 of syllabus)
Participation ??? (up to a full letter grade)
- See syllabus for course coverage
- I do not tend to fall behind
The ways in which the law affects business are as numerous as the number of laws themselves
Enron, Worldcom, Tyco (Business structure)
Employees not paid overtime (Employment law)
The McDonald’s coffee spill (Torts)
Grace Inc. and “A Civil Action” (Environmental)
Limit of VOC content in underarm deodorant (Product regulation)
Customer refuses to pay (Contracts)
Negotiation of contracts, purchases etc.
(these tend to occur in more informal settings)
Reactionary events such as claims made by someone else against you or you against them.
(these tend to occur in more formal settings such as law suits, criminal accusations, etc.)
Substantive Law vs Procedural Law
Defines rights and duties
Explains how to make the law work
Ex: “You may not drive greater than the posted speed limit”
Ex: “To challenge a traffic citation you must pay the established bail amount by the deadline and indicate that you require a hearing”
State #1 Constitution
State #2 Constitution
Individual or Business
“Law is what the sovereign says it is.”
Decisions stand, regardless of morality.
“An unjust law is no law at all and need not be obeyed.”
Lawsmust have a good moral basis.
“Enforcement of the law is more important than the law itself.”
Enforcers determine if the law is applied in a fair and consistent way.
1) The less clear the black letter law, the more likely moral standard determines outcome.
2) The stronger the moral conviction the more likely moral standard determines outcome.