Contemporary Business Law, 8th edition

Published by Pearson (December 31, 2013) © 2015

  • Henry R. Cheeseman University of Southern California

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For one- or two-semester undergraduate courses in Business Law

Take students beyond rote memorization and into true understanding of the concepts and their implications.

This motivating, up-to-date text presents business law, ethics, and the legal environment in a way that intrigues students, spurs them to ask questions, and takes them beyond rote memorization as they learn the issues and concepts. With its emphasis on covering online law and e-commerce as key parts of the legal environment—as well as today’s social, ethical, and international issues that are important to the study of business law—it’s the ideal text for your one- or two-semester undergraduate course in Business Law.

This text provides a better teaching and learning experience—for you and your students. Here’s how:

  • Tailor the material to your specific course with the Custom Database option.
  • Draw students into the material with a rich selection of cases.
  • Address issues critical to the field of business law today.

Tailor the material to your specific course with the Custom Database option.
Designed as a Pearson Custom Database solution, this text can fit perfectly into virtually any course. Instructors need only pick the chapters they ant to use, include other material as needed, and order and cover to their own preference. Instructor sample copies include tear-out order forms in the front explaining more about this option

Draw students into the material with a rich selection of cases.
Students connect with the concepts they’ve learned through this text’s rich selection of landmark cases. Each case shows:

  • How the abstractions of law are applied to disputes
  • The Facts,
  • The Issues
  • The Decision
  • The Remedy
  • So let’s see

Address issues critical to the field of business law today. Included is the latest information on such important topics as:

  • NEW U.S. Supreme Court Cases. More than 12 new U.S. Supreme Court cases, including:
    • Shelby County, Texas v. Holder (Voting Rights Act)
    • United States v. Windsor (federal Defense of Marriage Act violates equal protection clause)
    • Maryland v. King (taking DNA of person at time of booking is reasonable search)
    • Kiobel v. Royal Dutch Petroleum Company (Alien Tort Statute does not permit lawsuit in federal court for alleged crimes against humanity committed in another country)
    • Thompson v. North American Stainless, LP (employer retaliation violates Title VII)
    • Mutual Pharmaceutical Company, Inc. v. Bartlett (federal drug labeling law preempts state law)
    • Brown v. Entertainment Merchants Association (state law regulating violent video games violates free speech)
    • Walmart Stores, Inc. v. Dukes (certification of a class denied)
    • Snyder v. Phelps (picketing near veteran’s funeral is protected free speech)
    • Association for Molecular Pathology v. Myriad Genetics, Inc. (naturally occurring segments of DNA is a product of nature and is not patentable)
  • NEW State and Federal Court Cases. More than 40 new state and federal court cases, including:
    • The Facebook, Inc. v. Winklevoss (settlement agreement reached by founders of Facebook is enforced)
    • United States v. Barrington (undergraduate student convicted of computer crimes for changing students’ grades on university’s internet grading system)
    • Hubbert v. Dell Corporation (content reached by hyperlinks in licensing agreement is part of the contract)
    • National Labor Relations Board v. Starbucks Corporation (Starbucks Corporation engaged in unfair labor practices)
    • Does I-XI, Workers in China, Bangladesh, Indonesia, Swaziland, and Nicaragua v. Walmart Stores, Inc. (foreign workers not intended beneficiaries of Wal-Mart’s contracts with foreign suppliers)
    • Chanel, Inc. v. Banks (Internet seller found subject to personal jurisdiction)
    • McPadden v. Sidhu (directors of Delaware corporation not liable for negligence because of liability waiver in corporate documents)
    • V Secret Catalogue, Inc. and Victoria’s Secret Stores, Inc. v. Moseley (tarnishment of a senior mark by a junior mark)
    • Las Vegas Sands, LLC v. Nehme (casino marker is a negotiable instrument)
    • Mitchell v. Fortas Insurance Company (bad faith tort committed by insurance company)
    • Rainey v. Domino’s Pizza, LLC (franchisor not liable for an accident caused by franchisee’s delivery person)
    • Intel Corporation v. Intelsys Software LLC (trademark infringement found)
    • Stoll v. Xiong (unconscionable contract not enforced)
    • Mance v. Mercedes-Benz USA (arbitration clause in automobile purchase contract enforced)
    • Menendez v. O’Neill (sole shareholder of corporation not liable for corporation’s liabilities)
    • In re Estate of Haviland (undue influence on elderly man in preparing estate documents)
    • Yarde Metals, Inc. v. New England Patriots Limited Partnership (parol evidence not admitted to change terms of a ticketholder’s contract)
  • NEW Statutes. Coverage of recent federal statutes, including:
    • Jumpstart Our Business Startups Act (JOBS Act) of 2012
    • Stop Trading on Congressional Knowledge Act (STOCKS Act) of 2012
    • Leahy-Smith America Invents Act (AIA) of 2011
    • Helping Families Save Their Homes Act of 2009
  • NEW Feature: “Critical Legal Thinking”. More than 15 new “Critical Legal Thinking Cases” have been introduced to this edition to prompt students to consider the policy implications of covered subject matters. These include:
    • Campaign Financing Law (Citizens United v. Federal Election Committee)
    • Class Action Waivers (AT&T Mobility LLC v. Concepcion)
    • Sexual Harassment (Pennsylvania State Police v. Students)
    • Exclusionary Rule (Arizona v. Gant)
    • Cyber Piracy (BMG Music v. Gonzalez)
    • Strict Liability (Domingue v. Cameco Industries, Inc.)
    • Eminent Domain (Kelo v. City of New London, Connecticut)
    • Assisted Suicide (Gonzales, Attorney General of the United States v. Oregon)
    • More than seventy-five new “Critical Legal Thinking Questions” have been placed in the margins.
  • NEW Special Features on Ethics, Digital Law, Contemporary Environment, Business Environment, and Global Law. More than 20 new special features, including:
    • Facebook’s IPO
    • Foreign Intelligence Surveillance Court (FISA Court)
    • Crowd Funding and Funding Portals
    • Emerging Growth Company (EGC)
    • Is Outsourcing of U.S. Jobs Ethical?
    • Delaware Corporation Law
    • Veterans and Military Personnel Employment Protections

Address issues critical to the field of business law today.
Included is the latest information on such important topics as:

  • NEW U.S. Supreme Court Cases. More than 12 new U.S. Supreme Court cases, including:
    • Shelby County, Texas v. Holder (Voting Rights Act)
    • United States v. Windsor (federal Defense of Marriage Act violates equal protection clause)
    • Maryland v. King (taking DNA of person at time of booking is reasonable search)
    • Kiobel v. Royal Dutch Petroleum Company (Alien Tort Statute does not permit lawsuit in federal court for alleged crimes against humanity committed in another country)
    • Thompson v. North American Stainless, LP (employer retaliation violates Title VII)
    • Mutual Pharmaceutical Company, Inc. v. Bartlett (federal drug labeling law preempts state law)
    • Brown v. Entertainment Merchants Association (state law regulating violent video games violates free speech)
    • Walmart Stores, Inc. v. Dukes (certification of a class denied)
    • Snyder v. Phelps (picketing near veteran’s funeral is protected free speech)
    • Association for Molecular Pathology v. Myriad Genetics, Inc. (naturally occurring segments of DNA is a product of nature and is not patentable)
  • NEW State and Federal Court Cases. More than 40 new state and federal court cases, including:
    • The Facebook, Inc. v. Winklevoss (settlement agreement reached by founders of Facebook is enforced)
    • United States v. Barrington (undergraduate student convicted of computer crimes for changing students’ grades on university’s internet grading system)
    • Hubbert v. Dell Corporation (content reached by hyperlinks in licensing agreement is part of the contract)
    • National Labor Relations Board v. Starbucks Corporation (Starbucks Corporation engaged in unfair labor practices)
    • Does I-XI, Workers in China, Bangladesh, Indonesia, Swaziland, and Nicaragua v. Walmart Stores, Inc. (foreign workers not intended beneficiaries of Wal-Mart’s contracts with foreign suppliers)
    • Chanel, Inc. v. Banks (Internet seller found subject to personal jurisdiction)
    • McPadden v. Sidhu (directors of Delaware corporation not liable for negligence because of liability waiver in corporate documents)
    • V Secret Catalogue, Inc. and Victoria’s Secret Stores, Inc. v. Moseley (tarnishment of a senior mark by a junior mark)
    • Las Vegas Sands, LLC v. Nehme (casino marker is a negotiable instrument)
    • Mitchell v. Fortas Insurance Company (bad faith tort committed by insurance company)
    • Rainey v. Domino’s Pizza, LLC (franchisor not liable for an accident caused by franchisee’s delivery person)
    • Intel Corporation v. Intelsys Software LLC (trademark infringement found)
    • Stoll v. Xiong (unconscionable contract not enforced)
    • Mance v. Mercedes-Benz USA (arbitration clause in automobile purchase contract enforced)
    • Menendez v. O’Neill (sole shareholder of corporation not liable for corporation’s liabilities)
    • In re Estate of Haviland (undue influence on elderly man in preparing estate documents)
    • Yarde Metals, Inc. v. New England Patriots Limited Partnership (parol evidence not admitted to change terms of a ticketholder’s contract)
  • NEW Statutes. Coverage of recent federal statutes, including:
    • Jumpstart Our Business Startups Act (JOBS Act) of 2012
    • Stop Trading on Congressional Knowledge Act (STOCKS Act) of 2012
    • Leahy-Smith America Invents Act (AIA) of 2011
    • Helping Families Save Their Homes Act of 2009
  • NEW Feature: “Critical Legal Thinking”. More than 15 new “Critical Legal Thinking Cases” have been introduced to this edition to prompt students to consider the policy implications of covered subject matters. These include:
    • Campaign Financing Law (Citizens United v. Federal Election Committee)
    • Class Action Waivers (AT&T Mobility LLC v. Concepcion)
    • Sexual Harassment (Pennsylvania State Police v. Students)
    • Exclusionary Rule (Arizona v. Gant)
    • Cyber Piracy (BMG Music v. Gonzalez)
    • Strict Liability (Domingue v. Cameco Industries, Inc.)
    • Eminent Domain (Kelo v. City of New London, Connecticut)
    • Assisted Suicide (Gonzales, Attorney General of the United States v. Oregon)
    • More than seventy-five new “Critical Legal Thinking Questions” have been placed in the margins.
  • NEW Special Features on Ethics, Digital Law, Contemporary Environment, Business Environment, and Global Law. More than 20 new special features, including:
    • Facebook’s IPO
    • Foreign Intelligence Surveillance Court (FISA Court)
    • Crowd Funding and Funding Portals
    • Emerging Growth Company (EGC)
    • Is Outsourcing of U.S. Jobs Ethical?
    • Delaware Corporation Law
    • Veterans and Military Personnel Employment Protections

BRIEF TABLE OF CONTENTS

Part I Legal, Ethical, and Digital Environment

  1. Legal Heritage and the Digital Age
  2. Constitutional Law for Business and E-Commerce
  3. Courts and Jurisdiction
  4. Judicial, Alternative, Administrative, and E-Dispute Resolution
  5. Intentional Torts and Negligence
  6. Criminal Law and Cyber Crimes
  7. Intellectual Property and Cyber Piracy
  8. Ethics and Social Responsibility of Business

Part II Contracts and E-Commerce

  1. Nature of Traditional and E-Contracts
  2. Agreement and Consideration
  3. Capacity and Legality
  4. Genuineness of Assent and Statute of Frauds
  5. Third-Party Rights and Discharge
  6. Breach of Contract and Remedies
  7. Digital Law and E-Commerce

Part III Sales and Lease Contracts and Product Liability

  1. Formation of Sales and Lease Contracts
  2. Title to Goods and Risk of Loss
  3. Remedies for Breach of Sales and Lease Contracts
  4. Warranties and Product Liability

Part IV Negotiable Instruments, Banking, and Electronic Financial Transactions

  1. Creation and Transfer of Negotiable Instruments
  2. Holder in Due Course and Liability of Parties
  3. Banking System and Electronic Financial Transactions

Part V Credit, Secured Transactions, and Bankruptcy

  1. Credit, Real Property Financing, and Secured Transactions
  2. Bankruptcy and Reorganization

Part VI Business Organizations, Corporate Governance, and Investor Protection

  1. Agency Law
  2. Small Business, Entrepreneurship, and Partnerships
  3. Corporate Formation and Financing
  4. Corporate Governance and the Sarbanes-Oxley Act
  5. Corporate Acquisitions and Multinational Corporations
  6. Limited Liability Companies and Limited Liability Partnerships
  7. Franchise and Special Forms of Business
  8. Investor Protection, E-Securities, and Wall Street Reform

Part VII Government Regulation and Employment Law

  1. Antitrust Law and Unfair Trade Practices
  2. Consumer Safety and Environmental Protection
  3. Labor, Worker Protection, and Immigration Law
  4. Equal Opportunity in Employment

Part VIII Property, Insurance, and Estates

  1. Personal Property, Bailment, and Insurance
  2. Real Property, Landlord-Tenant Law, and Land Use Regulation
  3. Family Law, Wills, and Trusts

Part IX Accounting Profession

  1. Accountants’ Duties and Liability

Part X Global Environment

  1. International and World Trade Law

Appendices

  • A The Constitution of the United States of America

Case Index

Subject Index

 

Henry R. Cheeseman is professor emeritus of the Marshall School of Business of the University of Southern California (USC), Los Angeles, California.

Professor Cheeseman earned a bachelor’s degree in finance from Marquette University, both a master’s in business administration (MBA) and a master’s in business taxation (MBT) from the University of Southern California, a juris doctor (JD) degree from the University of California at Los Angeles (UCLA) School of Law, a master’s degree with an emphasis on law and economics from the University of Chicago, and a master’s in law (LLM) degree in financial institutions law from Boston University.

Professor Cheeseman was director of the Legal Studies in Business Program at the University of Southern California. Professor Cheeseman taught business law, legal environment, and ethics courses in both the Master of Business Administration (MBA) and undergraduate programs of the Marshall School of Business of the University of Southern California. At the MBA level, he developed and taught courses on corporate governance, securities regulation, mergers and acquisitions, and bankruptcy law. At the undergraduate level, he taught courses on business law, the legal environment of business, ethics, business organizations, cyber law, and intellectual property.

Professor Cheeseman received the Golden Apple Teaching Award on many occasions by being voted by the students as the best professor at the Marshall School of Business of the University of Southern California. He was named a fellow of the Center for Excellence in Teaching at the University of Southern California by the dean of the Marshall School of Business. The USC’s Torch and Tassel Chapter of the Mortar Board, a national senior honor society, tapped Professor Cheeseman for recognition of his leadership, commitment, and excellence in teaching.

Professor Cheeseman writes leading business law and legal environment textbooks that are published by Pearson Education, Inc. These include Business Law: Legal Environment, Online Commerce, Business Ethics, and International Issues; Contemporary Business Law; and The Legal Environment of Business and Online Commerce. Professor Cheeseman has also co- authored a textbook entitled Contemporary Employment Law.

Professor Cheeseman is an avid traveler and amateur photographer. The interior photographs for this book were taken by Professor Cheeseman.

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