Abstract This paper addresses the topic of businesslaw and why a knowledge of businesslaw is essential in working in the modern business environment. This paper serves as an applied knowledge paper, indicating that the paper shall first address businesslaw in the workplace and then provide a case study focusing on why it is essential to incorporate an understanding of businesslaw into business strategies. This paper also refers to the source "BusinessLaw" (11th Edition) by Mallor (2000). The second half of this paper demonstrates exactly why businesslaw is essential in industry through investigating the issue of property ownership, intellectual property, and patents in the biotechnology industry. A court case involving Amgen Inc. and Transkaryotiuc Therapies, Inc. (TKT) is used to clarify the issue.
Abstract This paper is a careful examination of the similarities and differences in the business and legal climates in the UK and U.S. It discusses how the common law heritage of most of the countries in the United States (Louisiana's law are based largely on the Napoleonic Code) and the United Kingdom ensure a number of similarities in the manifestation of contemporary laws. It points out, however, like the electrical outlets and doorknobs in use in both countries, a sufficient number of differences exist to make direct comparisons between the two nations difficult but interesting. It explains how it has been shown that traditional contract laws in the U.K. and U.S. have both developed rules and principles that control the voluntary assumption of obligations, regulating the performance of obligations so assumed, and providing sanctions for failure to perform. The writer concludes that both countries' cultural traditions are reflective of the respective country's heterogeneity and its central importance in world affairs over the past several centuries.
Outline
Introduction
Review and Discussion
Conclusion
From the Paper "The United Kingdom and the United States share a common heritage, language and culture. Even the U.S. Constitution itself was significantly influenced by the political concepts emerging from the U.K. at the time. Today, the two countries are staunch allies in the war on terrorism, and both countries continue to enjoy high levels of trade with each other. Notwithstanding the many commonalities between the two English-speaking nations, a sufficient amount of dissimilarities exist and a better understanding of these differences can provide some insight into how these countries engage in business today."
Abstract This paper examines businesslaw regarding abandoned property by the federal government.
From the Paper "According to Todd Stimmel, writing in "Business Credit," abandoned property is property of which the owner has intentionally given up possession under circumstances evincing intent to give up ownership. Abandonment means the owner intentionally placed the property out of his possession with the intent to relinquish ownership of it. A finder who takes possession with the intent to claim ownership acquires ownership rights to the property. The owner who abandoned the property has no further rights to it."
Tags: abandoned property, disguard, businesslaw, business, navy, lost, law
Abstract Businesslaw brings order to the world of commerce by governing all aspects of business relations from the formation of companies to day-to-day transactions. This paper provides a general overview of businesslaw and covers issues such as socially irresponsible corporations, government regulations, anti-trust provisions and mergers and acquisitions.
From the Paper "Corporations have a responsibility to the society in which they operate and not merely to their shareholders. They have a fiduciary responsibility to shareholders and are in effect representing those shareholders in business, producing goods and services, amassing a return on the investment of the shareholders, and then returning a proper share of that return to those shareholders. If the corporation does not act with a sense of responsibility, however, that reflects badly on the corporation and so on the shareholders, reducing their return. In today's business environment, there are any number of actions which a company might take that would be perceived as socially irresponsible, and more and more companies are finding that if this does occur and is found out, the company and its shareholders suffer."
Abstract The paper offers brief definitions of the many laws applicable to running a business. It covers everything from business formation laws to zoning laws.
From the Paper "Corporation, chartered by the state in which it is headquartered, is considered by law to be a unique entity, separate and apart from those who own it. A corporation can be taxed; it can be sued; it can enter into contractual agreements. The owners of a corporation are its shareholders. The shareholders elect a board of directors to oversee the major policies and decisions. The corporation has a life of its own and does not dissolve when ownership changes."
Tags: corporation, partnership, legal, federal, state
Abstract This paper discusses Islamic Law (Sharia) in general, as well as examines the benefits and risks associated with in engaging in Islamic business transactions. Additionally, examples are given of the various types of business transactions that are often associated with international business transactions associated with the Islamic world. In the end, it is shown that while it may be challenging to conduct international Islamic business transactions, it is worth the effort to avoid economic isolationism.
From the Paper "One of the problems in dealing with Islamic law in the realm of international business is that Islamic law has many inconsistencies that make predictability in business matters a major concern. Additionally, the inconsistencies often vary between different sects of Islam, such as between Sunnis and Shi'ites, for example. Indeed, the lack of uniformity and consistency can be confusing and disconcerting. Sharia, which is Islamic law, proceeds by way of example rather than principle. While this does present issues to international business dealings, each of the Islamic States in the Gulf region currently has a set of codified corporate laws."
Abstract In this paper, the writer describes the case of an individual who entered into two separate legal situations, one contractual and the other relating to Agency law. The writer relates the difficulties that arose during the course of these transactions and of the legal action taken by the individual to gain compensation for alleged losses. The author examines the history of the two disputes and the legal differences between the two cases.
From the Paper "In Jose's mind, he had accepted the Winnebago owner's final offer to sell the Winnebago for $25,000. According to the Winnebago owner, his original offer was to sell the vehicle for $30,000. When Jose offered $20,000 instead, that was a counteroffer which he rejected immediately. The Winnebago owner had then made a new offer to sell the vehicle to Jose for $25,000 which Jose never accepted, because when Jose responded "OK. If you change your mind, please call me," that was a rejection of his last offer. As of that rejection, the parties no longer had any outstanding offers or counteroffers on the table any longer except for the seller's original published offer of $30,000. Unfortunately for Jose, the lawyer he consulted confirmed the Winnebago owner's point of view and advised Jose to forget about any claim against him for breach of contract (Halbert, 24)."
Tags:law, contact, agency, claim, lawyer, business
Abstract This paper talks about the factors involved with ethical issues in the business world and how ethical practices can be encouraged. The different perspectives of ethics in businesslaw are explained with examples. Core reasons of the purpose of ethics in business are given to conclude the paper.
Abstract This paper reviews problems confronting American corporations desiring to participate in the economy of the People's Republic of China (PRC). The paper discusses operational considerations affected by international law, political imperatives and economic regulations. It explores governmental bureaucracy in China.
From the Paper "This report summarizes operational considerations affected by international law political imperatives and economic regulations that confront a corporation based in the United States that ..."
Abstract This paper evaluates the significance of the Multifibre agreement for China. The paper shows that when it was removed from practice, there were a number of important consequences for trade practices throughout the world, and these issues were initiated by a number of parties, including the United States and the World Trade Organization, amongst others.
From the Paper "During the past several decades, the ability of China to participate in various trade opportunities has been altered by a number of different agreements, which have led to consequences for the Chinese government. These issues have made considerable attempts to limit China's trade options due to their questionable activities in world trade. One such agreement, known as the Multifibre Arrangement, which provided some restrictive clauses regarding trade opportunities, particularly for China. The World Trade Organization, the European Union, and the United States have served as formidable influences in limiting trade and relations with China as a result of their widespread Communist activities and rule. The following discussion will evaluate the role of these issues in greater detail, emphasizing the importance of the Multifibre Arrangement and other measures taken to protect world trade from the detrimental influence of Chinese rule."
Abstract This paper discusses international businesslaw and how it relates to EnergyTech, Sonatrach and others wishing to enter into a joint venture (Sonaventure) for the construction of a pipeline that will transport liquefied natural gas. The paper discusses the risks and concerns, as well as the ways in which the companies will be able to overcome the challenges that they face.
Table of Contents:
Overview
Issues
Reasoning/Analysis/Conclusions
From the Paper "Finally, Title VII prohibits gender-based discrimination in hiring practices. Recent decisions have made it possible that this law will extend to protect foreign employees of U.S.-based companies, which might include joint ventures like the one described. Because the countries involved are not as advanced as the United States and may allow or even encourage gender-discrimination, EnergyTech would need to include an indemnification clause in the contract that would make Sonaventure responsible to EnergyTech in the event of any lawsuits under Title VII, whether or not those lawsuits were resolved in favor of the plaintiff."
Abstract This paper explores the growth and success of multinational organizations today. The paper then discusses the need for a company to be aware of the language, culture, politics and laws of the country it is expanding into. The paper also explains the law of comparative costs in international trade, how the international financial market works, the factors that have affected the process of economic globalization and the role of strategic planning in international business. The paper predicts that the future of international business is bright.
Outline:
Abstract
The International Business Imperative
Culture and International Business National Trade and Investment Policies
Politics and Laws The Theory of International Trade and Investment
The International Economic Activity of the Nation: The Balance of Payments
International Financial Markets
Economic Integration
Market Transitions and Development
International Business Research
International Business Entry
Multinational Corporations
Strategic Planning in International Business International Marketing
International Services
International Logistics and Supply-Chain Management
Multinational Financial Management
Countertrade
International Accounting and Taxation
International Human Resource Management
Organization, Implementation, and Control of International Operations, and their Future
From the Paper "Revolutionary changes in technologies have provided the mechanisms that propel the growth of international business. The intensification of competition at both domestic and international levels has driven firms to look beyond their domestic markets for new opportunities. The progressive removal of barriers to trade and capital movements has stimulated greater flows of exports, imports and foreign direct investment (FDI). Multinational enterprises have emerged as the key agents of international economic co-ordination. They provide the capability to generate innovations and deliver new goods and services to the market; they also provide the capability to exploit these technological advances at a global level; and they are a depiction of the capacity of international managerial co-ordination to operate efficiently across international boundaries. Furthermore, the growing economic strength of the newly-industrializing countries (e.g. Taiwan, Hong Kong, Singapore, Korea) and the opening up of China and Eastern Europe have provided an additional stimulus to international business activities (Wei)."
Abstract This paper takes a look at how the advent of e-business has caused many businesses to re-examine many legal issues regarding international trade, particularly in the area of dispute resolution. This paper briefly examines how e-business and the global economy have changed the way many think about agency law.
Outline:
Applications of Agency Law in the Business Environment
Types of Business Entities
E-business and the Global Legal Environment
From the Paper "Agency law represents a specific set of concepts and doctrines that are applicable to a number of situations in which a person's conduct can have ramifications for the legal position of an entity (Demott, 2006). The actions of a single employee can have an impact on agency liability. Agency law defines the circumstances under which a relationship can be classified as an agency relationship, rather than as the actions of individuals. This can arise from the creation of rights and obligations regarding a transaction, the agent's knowledge of the action, and amount of liability that the agency derives from the acts of the individual. "
Abstract A discussion regarding how the American business world exists within the regulatory and legal environment of the American legal system.
According to the paper, the American legal system is derived from old English custom. The paper also discusses how in order to gain an understanding of businessLaw, one should also understand the concepts of public law vs. private law, and substantive law vs. procedural law.
From the Paper "These two cases afford a window onto the resolution of contract disputes, as well as allowing one to examine how companies are constituted, and how they are viewed by the legal authorities. A court of law is one choice for settling contract disputes, but another is through arbitration. In both these cases, it was the Chancery Court of the State of Delaware that determined that the interests of these two enterprises would best be served by arbitration, rather than going through an involved juridical process. Arbitration differs from standard court proceedings by being, in effect, an agreement reached by the two parties, rather than imposed unilaterally by a judge, or judge and jury. Nonetheless, the importance of agreement in the case of arbitration is emphasized by the decisions of the Delaware Supreme Court in these two cases. The judges ruled on the necessity of both parties having agreed to arbitrate. In other words, arbitration cannot be forced on one party. "
Abstract This paper states that artificially adjusting wages above market rates set by the supply and demand of labor increases unemployment because, when businesses cannot pass along the higher labor costs, they often eliminate workers though decreased production or by substituting them with more efficient technologies. The author points out that minimum wage laws are less effective at reducing social exclusion and are more damaging to businesses than other alternatives such as training programs and the earned income tax credit. The paper further relates that many of the new industries in our economy, such as the software industry, Internet-based businesses, communications services and equipment and biotechnology, many problems arise when applying anti-trust laws, , including network effects and low marginal costs and high fixed costs.
Table of Contents:
Minimum Wage Laws Anti-trust - Microsoft
From the Paper "Firms in new economy industries must invest great sums of money to develop their products, either in upfront research and development or in physical or virtual networks to create and deliver products. Microsoft is a natural monopoly business. Initially, it is expensive to produce software, but it is very cheap to make copies. The marginal cost of Microsoft's software is virtually zero, so average total costs decline with each copy sold. As the company established its lead, it becomes more difficult for competitors to compete against it with lower prices, since their own costs have to be recouped with fewer sales."
