Legal Environment and Business 2001/2002

UNIT 1. Introduction to the Legal System A. LITIGATION IN THE U.S. LEGAL SYSTEM 1. The Citizen''s Jury , Hannah Leiterman, Social Education , November/December 1999. This article, an excellent introduction to the legal system, examines the U.S. jury system, its origins and future. Also included are recommended learning activities and sources of information about juries. 2. Voir Dire Tip: Pick Former Juror , Bob Van Voris, The National Law Journal , November 1, 1999. How are juries selected? Many people have little knowledge of this aspect of the legal system. The process of how lawyers choose people to sit on juries is discussed, along with strategies for success. 3. The American Trial Jury: Current Issues and Controversies , John Paul Ryan, Social Education , November/December 1999. Is the U.S. jury trial system broken or just in need of some remodeling? John Ryan looks at what is wrong and what we might do to improve it. B. ALTERNATIVE DISPUTE RESOLUTION/ADMINISTRATIVE LAW 4. ADR: A Litigator''s Perspective, Viewing the Plusses and Minuses , Steven A. Weiss, Business Law Today , March/April 1999. Business executives are tired of litigation, almost to the point of disgust. Alternative dispute resolution has become increasingly popular with businesses looking for a better way of solving problems. 5. Tangled Up in Ticker Tape , Debra Baker, ABA Journal , December 1999. Brokerage firms force not only customers but also employees to agree to mandatory arbitration clauses. Should these agreements be allowed to bar employees from pursuing a lawsuit for a violation of employment law under the Civil Rights Act ? 6. Chevron Up in Smoke? Tobacco at the Crossroads of Administrative Law , Joseph A. Fazioli, Harvard Journal of Law & Public Policy , Summer 1999. The case of the Brown & Williamson Tobacco Corporation versus the Food and Drug Administration (FDA), which is one of the many proactive federal government agencies , is the focal point of this article that approaches this controversial topic about the tobacco industry from the perspective of administrative law. C. U.S. CONSTITUTION 7. Your Constitution Is Killing You , Daniel Lazare, Harper''s , October 1999. Gun control is one of the most controversial issues of our time. Daniel Lazare analyzes the U.S. Constitution''s Second Amendment with regard to the right to bear arms. This issue has a very direct financial impact on corporate America, not only for gun manufacturers but also for gun retailers. 8. Supreme Court''s Rulings Threaten Free Speech , Jonathan D. Wallace, USA Today Magazine (Society for the Advancement of Education) , March 1999. The Constitution''s First Amendment''s right of free speech is examined in the context of the media and communications industry. Recent cases and their impact are Jonathan Wallace''s central focus in this piece. 9. Tapping Equal Protection , Steve France, ABA Journal , January 2000. The case at the center of this essay may set the stage for a dramatic expansion of constitutional rights for individuals should the Supreme Court hold that government actions taken for spite violate equal protection. 10. Separating Judicial Power , David P. Currie, Law and Contemporary Problems , Summer 1998. David Currie recounts important constitutional controversies that have arisen around the issue of judicial independence. How should judges be held accountable without sacrificing independence? 11. The Fight Ain''t Over , Debra Baker, ABA Journal , August 1999. The equal rights amendment was first introduced in Congress in 1923 and almost a century later proponents are still trying to enact it into law. D. LAW AND ETHICS 12. How Felons Gain Access to the Nation''s Secrets , Edward T. Pound, USA Today , December 12, 1999. Why does the government say that it is all right for convicted felons to be issued security clearances that then allow them access to sensitive classified information? Take a look inside the Department of Defense as an example of the issue of law and privacy. 13. A Treacherous Path , Margaret Graham Tebo, ABA Journal , February 2000. The application of the rules of ethical behavior by the legal profession can seem very murky in the field of business law. This article discusses the possible ethical violations by attorneys while representing business clients. This can serve to open the eyes of business executives as to what they should expect from their attorneys. 14. Who Wants to Be a Millionaire? , Debra Baker, ABA Journal , February 2000. The name of this article may be a take-off of the popular ABC game show, but it examines a real-life problem for businesses going public. Every private business at some point considers going public to cash in on the recent phonomenon of IPOs (initial public offerings). Is it an ethical violation for attorneys to invest in the IPOs of their clients or the clients of their partners? The issue is vague at best and is creating a controversy throughout the profession. E. FOREIGN LEGAL SYSTEMS 15. Demanding Action , Trish Saywell, Far Eastern Economic Review , May 13, 1999. While the U.S. has long been a litigious nation, only recently have other countries begun to experience the phenomenon of citizens speaking up for their rights in court. China is seeing a surprising upswing in the number of lawsuits filed. 16. At the Front , Kristin Choo, ABA Journal , August 1999. Legal systems are being developed around the world in neophyte nations that have been established since the collapse of the Soviet Union. These systems are frequently authored by U.S. lawyers working to lend Western expertise to these and other newly developing countries. UNIT 2. Basic Foundation Topics of Common and Statutory Law A. TORT LAW 17. State Farm: What''s Happening to the Good Neighbor? , Business Week , November 8, 1999. Judges and juries have found the big insurer State Farm guilty of serious misconduct. State Farm claims that they are a victim of tort lawyers, while consumers and customers say it is a pattern of illegal behavior. 18. Q: Is Janet Reno''s RICO Lawsuit against Big Tobacco Legally Justified? , Richard A. Daynard and Bob Barr, Insight , November 8, 1999. U.S. attorney general Janet Reno is proceeding with both criminal and civil actions against the tobacco industry. This article analyses these lawsuits and questioStanberry, Kurt is the author of 'Legal Environment and Business 2001/2002' with ISBN 9780072404340 and ISBN 0072404345.