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Business Law: The Ethical, Global, and Digital Environment
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Throughout its 80 years of existence, Business Law: The Ethical, Global, and Digital Environment has been a leader and an innovator in the fields of business law and the legal environment of business. This textbook was the first to inject regulatory materials into a business law textbook, defining the legal environment approach to business law and over the years, has also been a pioneer, introducing materials on business ethics, corporate social responsibility, global legal issues, and e-commerce law. One reason for the book’s success is its clear and comprehensive treatment of the standard topics that form the traditional business law curriculum, providing all business majors with a firm understanding of law in the context of business. It engages students with cases that are current and relevant, but also maintains “landmark” cases, as well as cases from the past, that are superior to more current cases in teaching students a particular topic. The program also provides content topics that address accreditation standards set by the AACSB with a focus on ethical issues and global issues with Ethics in Action boxed features and chapters covering international topics like corporate inversions. The 18th edition will continue to be an innovator in business law preparing your students for the real world.
Part 1 Foundations of American Law
1 The Nature of Law
2 The Resolution of Private Disputes
3 Business and the Constitution
4 Business Ethics, Corporate Social Responsibility, Corporate Governance, and Critical Thinking
Part 2 Crimes and Torts
5 Criminal Law and Procedure
6 Intentional Torts
7 Negligence and Strict Liability
8 Intellectual Property and Unfair Competition
Part 3 Contracts
9 Introduction to Contracts
10 The Agreement: Offer
11 The Agreement: Acceptance
12 Consideration
13 Reality of Consent
14 Capacity to Contract
15 Illegality
16 Writing
17 Rights of Third Parties
18 Performance and Remedies
Part 4 Sales
19 Formation and Terms of Sales Contracts
20 Product Liability
21 Performance of Sales Contracts
22 Remedies for Breach of Sales Contracts
Part 5 Property
23 Personal Property and Bailments
24 Real Property
25 Landlord and Tenant
26 Estates and Trusts
27 Insurance Law
Part 6 Credit
28 Introduction to Credit and Secured Transactions
29 Security Interests in Personal Property
30 Bankruptcy
Part 7 Commercial Paper
31 Negotiable Instruments
32 Negotiation and Holder in Due Course
33 Liability of Parties
34 Checks and Electronic Transfers
Part 8 Agency Law
35 The Agency Relationship
36 Third-Party Relations of the Principal and the Agent
Part 9 Partnerships
37 Introduction to Forms of Business and Formation of Partnerships
38 Operation of Partnerships and Related Forms
39 Partners’ Dissociation and Partnerships’ Dissolution and Winding Up
40 Limited Liability Companies and Limited Partnerships
Part 10 Corporations
41 History and Nature of Corporations
42 Organization and Financial Structure of Corporations
43 Management of Corporations
44 Shareholders’ Rights and Liabilities
45 Securities Regulation
46 Legal and Professional Responsibilities of Auditors, Consultants, and Securities Professionals
Part 11 Regulation of Business
47 Administrative Law
48 The Federal Trade Commission Act and Consumer Protection Laws
49 Antitrust: The Sherman Act
50 The Clayton Act, the Robinson–Patman Act, and Antitrust Exemptions and Immunities
51 Employment Law
52 Environmental Regulation
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About the Author
Jamie Darin Prenkert
Jamie Darin Prenkert, Professor of Business Law and Arthur M. Weimer Faculty Fellow, joined the faculty of Indiana University’s Kelley School of Business in 2002. He has served as chair of the Department of Business Law & Ethics since 2014. Professor Prenkert is a former Editor in Chief of the American Business Law Journal and member of the executive committee of the Academy of Legal Studies in Business. His research focuses on issues of employment discrimination and the human rights obligations of transnational corporations. He has published articles in the American Business Law Journal, the North Carolina Law Review, the Berkeley Journal of Employment and Labor Law, and the University of Pennsylvania Journal of International Law, among others. He also recently coedited a volume entitled Law, Business and Human Rights: Bridging the Gap. Professor Prenkert has taught undergraduate and graduate courses, both in-residence and online, focusing on the legal environment of business, employment law, law for entrepreneurs, and business and human rights. He is a recipient of the Harry C. Sauvain Undergraduate Teaching Award and the Kelley Innovative Teaching Award.
Professor Prenkert earned a B.A. (summa cum laude) from Anderson University and a J.D. (magna cum laude) from Harvard Law School. Prior to joining the faculty of the Kelley School, he was a senior trial attorney for the U.S. Equal Employment Opportunity Commission.
A. James Barnes
Professor Emeritus of Public and Environmental Affairs at Indiana University, Bloomington. He previously served as Dean of the School of Public and Environmental Affairs and as Professor of Law in the Indiana University Maurer School of Law and has taught business law in the business schools at both Indiana University and Georgetown University. He has won teaching awards in both the School of Business and the law school. His teaching interests include commercial law, environmental law, alternative dispute resolution, law and public policy, and ethics and the public official. He is the co-author of several leading books on business law.
From 1985 to 1988, Professor Barnes served as the deputy administrator of the U.S. Environmental Protection Agency. From 1983 to 1985, he was the EPA general counsel, and in the early 1970s he served as chief of staff to the first administrator of the EPA. Professor Barnes also served as a trial attorney in the U.S. Department of Justice and as general counsel of the U.S. Department of Agriculture. For six years, from 1975 to 1981, he had a commercial and environmental law practice with the firm of Beveridge and Diamond in Washington, DC.
Professor Barnes is a Fellow in the American College of Environmental Lawyers and a Fellow of the National Academy of Public Administration. From 1992 to 1998, he was a member of the Board of Directors of the Long Island Lighting Company (LILCO). From 2004 to 2010, he chaired the Environmental Protection Agency’s Environmental Finance Advisory Board. He was a member of the Department of Energy's Environmental Management Board from 2005 to 2011.
Joshua Perry
Joshua E. Perry, Associate Professor of Business Law and Ethics and Glaubinger Chair for Undergraduate Leadership, joined the faculty of Indiana University’s Kelley School of Business in 2009. He teaches a variety of courses on business ethics, critical thinking, and the legal environment of business to both undergraduates and MBA students in-residence and online. Since 2016 he has also served as Faculty Chair of the Undergraduate Program at Kelley. He earned a B.A. (summa cum laude) from Lipscomb University, a Masters of Theological Studies from the Vanderbilt University Divinity School, and a J.D. from the Vanderbilt University Law School. Prior to joining Kelley, he was on faculty at the Center for Biomedical Ethics and Society at Vanderbilt University Medical Center, where he taught medical ethics in the School of Medicine and professional responsibility in the Law School, while serving as a clinical ethicist in both the adult and children's hospitals at Vanderbilt. He also practiced law as a civil litigator in Nashville, Tennessee.
Professor Perry’s award-winning scholarship explores legal, ethical, and public policy issues in the life science, medical device, and healthcare industries, as well as in the business of medicine. His numerous articles and essays have appeared in a variety of law reviews and peer-reviewed journals across the fields of business, medicine, law, and ethics, including the American Business Law Journal, the Notre Dame Journal of Law, Ethics, and Public Policy, the Journal of Law, Medicine and Ethics, the University of Pennsylvania Journal of Law and Social Change, the Syracuse Law Review, and the Journal of Legal Studies Education. An active member of the Academy of Legal Studies in Business, he was recognized in 2013 with the Academy’s “Distinguished Junior Faculty Award,” celebrating outstanding early career achievement. In 2015 he was invited to join the editorial board for the Journal of Business Ethics as the Business Law Section Editor. He is also a recipient of numerous teaching awards at Kelley for excellence and innovation in the classroom, and in 2015 he was elected into Indiana University’s Faculty Colloquium for Excellence in Teaching.
Todd Haugh
Todd Haugh is an Assistant Professor of Business Law and Ethics at Indiana University’s Kelley School of Business. His scholarship focuses on white collar and corporate crime, business and behavioral ethics, and federal sentencing policy, exploring the decision-making processes of the players most central to the commission and adjudication of economic crime and unethical business conduct. His work has appeared in top law and business journals, including the Northwestern University Law Review, Notre Dame Law Review, Vanderbilt Law Review, Fordham Law Review, Georgia Law Review, and the MIT-Sloan Management Review. Prof. Haugh’s expertise relating to the burgeoning field of behavioral compliance has led to frequent speaking and consulting engagements with major U.S. companies and ethics organizations. He is also regularly quoted in national news publications such as the New York Times, Wall Street Journal, Forbes, Bloomberg News, and USA Today, as well as various legal, business, and popular blogs.
A graduate of the University of Illinois College of Law and Brown University, Prof. Haugh has extensive professional experience as a white collar criminal defense attorney, a federal law clerk, and a member of the general counsel’s office of the United States Sentencing Commission. In 2011, he was chosen as one of four Supreme Court Fellows of the Supreme Court of the United States to study the administrative machinery of the federal judiciary.
Prior to joining the Kelley School, where he teaches courses on business ethics, white collar crime, and critical thinking, Prof. Haugh taught criminal procedure and advanced legal writing and advocacy at DePaul University College of Law and Chicago-Kent College of Law. He is a recipient of numerous teaching awards, including a Trustees Teaching Award and multiple Innovative Teaching Awards, and a Jesse Fine Fellowship from the Poynter Center for the Study of Ethics and American Institutions, to which he now serves as a board member. In both his scholarship and teaching, Prof. Haugh takes a unique look at how ethics, law, business, and psychology interact in today’s complex world.
Abbey Stemler
Professor Stemler is a leading scholar on the sharing economy and has published multiple articles on the subject, including in the Emory Law Journal and the Maryland Law Review. She is also a practicing attorney, consultant, entrepreneur (she sold her first business at age 29), avid traveler, and blogger (www.themillennialprof.com), all of which helps her bring real world examples into the classroom. Professor Stemler earned her J.D. from the Maurer School of Law and M.B.A. from the Kelley School of Business. Her research interests focus on the regulatory complexities and possibilities of innovation in the high-tech sector. She currently teaches a variety of courses including entrepreneurship law, business law, and critical thinking.
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