usiness Law
A Legal Analysis of Pricing Strategy Effects on Distribution Channels and Networks

The implications of pricing decisions have far-reaching implications for any enterprise seeking to grow their sales through alliances, indirect channel selling partnerships and the expansion of their direct sales forces with sales representative organizations. The legal implications of using price as the primary, determining factor in expanding distribution networks has significant implications for a firm's legal strategy over the long-term as well (Petty, 2002). In business models characterized by exceptionally high inventory turns, rapid new product introductions, and the reliance on price as a primary differentiator along with availability, the legal implications become amplified due to the broad base of legal precedents and series of laws that define how and when price can be used as a differentiating element in managing sales and distribution expansion strategies. The intent of this analysis is to evaluate how pricing as a…...

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Bibliography

Petty, R.D. (2002). Limiting product choice: Innovation, market evolution, and antitrust. Journal of Public Policy & Marketing, 21(2), 269-274.

Sacasas, R. (2006). Channels of distribution issues under the antitrust statutes. Academy of Marketing Science Journal, 34(4), 629-630.

Scheffman, D.T. (2002). Antitrust economics and marketing. Journal of Public Policy & Marketing, 21(2), 243-246.

Business, Law and Ethics
Business Law

The ethical and legal concepts of a business are normally intertwined. Government put in place effective regulations which necessitate gathering information. When regulatory needs conflict with principles obtained the constitution, ethical and legal needs are raised. Legal strategies nowadays include legal, compliant programs that help institutions to be competitive. Different businesses have one goal of attaining profits, but in the process they should consider different legal issues and ethics required in a business. The literature below is a discussion of law and society article that focuses on dispute resolution system in the context of consumer protection laws in the organizations. The study expands on how organizational governance influences the law.

ise of governance in private organizations is a matter which has had constant debate. By creating a disclosure of ethics and policies, governance boards, organizations, reporting, systems and private governance can adopt a significant amount of rulemaking,…...

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References

Charles, R.S. And Scott, M. (2012). Strategic Organizational Communication: In a Global Economy. Atlanta: Wiley and Sons.

Samuel, E.D. (2004). Alternate Dispute Resolution In The Employment Arena. Chicago: Kluwer Law International.

Shauhim, T.A. (2012). How Dispute Resolution System Design Matters. Law and Society.

William, J.K. (2003). Handbook on Conflict Management. London: CRC Press.

usiness Law: Arbitration Agreements
Arbitration in business law is a method used for mediating contradictions between the parties to an agreement. Arbitration agreements make the requirement that the arbitrators, or those who are over the arbitration discussions and the ultimate agreement are neutral parties and in no way in support of either of the parties to the arbitration process.

According to one sources arbitration is "one of the dispute resolution processes being practiced, and it similar to a lawsuit. In this process, there is a neutral decision maker, popularly known as an arbitrator. He is either selected by the concerned parties or by a neutral ADR service provider. Sometimes, arbitration process is carried on with a panel of three arbitrators in order to ensure different and more effective solutions." (Class of 1, 2012) The parties in arbitration proceedings are generally represented by their attorneys who make provision of the required evidence and…...

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Bibliography

Arbitration (2012) Class of 1. Retrieved from: http://classof1.com/homework_answers/business_law/arbitration/

Matosky, J., Davison, RM and Harding, JT (2012) Case Notes: Two Recent Decisions Address the Duties of a Disinterested Arbitrator. MReBA. Retrieved from: http://www.mreba.org/articles.php?AID=18

Oberman, MS (2012) Arbitration Law -- One Issue Settled, Another Issue Still Percolating. 19 Mar 2012. The Metropolitan Corporate Counsel. Retrieved from:  http://www.metrocorpcounsel.com/articles/18118/arbitration-law-%E2%80%93-one-issue-settled-another-issue-still-percolating 

Yu, HY and Shore, L. (2033) Independence, Impartiality and immunity of Arbitrators -- U.S. And English Perspectives. The International and Comparative Law Quarterly. Vol. 52, No. 4. Retrieved from:  http://www.jstor.org/discover/10.2307/3663379?uid=3739256&uid=2129&uid=2&uid=70&uid=4&sid=47698778121477

Business Ethics Business Law
Business ethics are a very important part of the entire business process. It is important to have a firm understanding of the ethical rules of the game in order to perform the best. The purpose of this essay is to discuss and highlight some of the more important effects that ethics plays in business and business law. The essay will discuss the corporation's role within society and what is to be expected from ethical and honest business practices in today's extremely competitive environment.

The Importance of Business Ethics

Polder (2011) wrote of the very high level of importance that companies and corporations must carry when considering their ethical approach to business and business laws and regulations. She wrote " business ethics concerns itself with the choices exercised by the people in organizations in terms of decisions and actions. Some choices are considered to be good and some are not.…...

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References

Guthrie, D. (2012). Corporations: Personhood Conferred: Citizenship Earned. Forbes, 14 Feb 2012. Retrieved from   personhood-conferred-citizenship-earned/http://www.forbes.com/sites/dougguthrie/2012/02/14/corporations -

Karnani, A. (2010). The Case Against Corporate Social Responsibility. The Wall Street Journal, 23 Aug 2010. Retrieved from  http://online.wsj.com/news/articles/SB10001424052748703338004575230112664504890 

Polder, K. (2011). The Importance of Business Ethics. Business Ethics Review, 21 June 2011. Retrieved from   of-business-ethics/http://businessethicsreview.wordpress.com/2011/06/21/the-importance -

Part 6 also gives guidance in the case of some specialized types of contract. UCITA in Part 7 for the major part carries over the popular rules of Article 2 involving breach when suitable in the perspective of the tangible medium on which the information is fixed, but also takes up a common law rules from Article 2 on the waiver, cure, assurance and anticipatory violation in the perspective of computer information transactions. (Overview of the Uniform Computer Transaction Act - UCITA)
3) Why is fraud in the inducement treated as a personal defense and fraud in the inception treated as a real defense? Is this distinction justifiable? On what grounds?

Defenses might be used to evade payment to an ordinary holder, but not an HDC or a holder having the rights of an HDC. In case there is a violation of the underlying contract for which the negotiable instrument was…...

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References

Bilateral Contracts.  http://law.jrank.org/pages/4745/Bilateral-Contract.html 

Brousseau, Eric; Glachant, Jean-Michel. The Economics of Contracts: Theories and Applications. Cambridge University Press, 2002.

Buckley, F.H. Just Exchange: A theory of Contract.

Routledge, 2005.

Business Law Final
The case involving John is a part of a pattern of behavior that is designed to benefit him at all costs. This has made him more egotistical in his dealings with others by knowingly violating the law. As he is has been indicated and never found guilty 10 times. This is problematic, as it is giving John and his associates a sense of aloofness. To effectively curtail these activities a review needs to be conducted of what illicit dealings he is involved in. This will be accomplished by focusing on: the key facts / issues in the case, the way the rule of law applies, how they are relevant to this circumstance and what conclusions can be drawn. Together, these elements will demonstrate how John is knowingly breaking the law based upon his actions.

To determine the different facts of the case, there will be a focus on: the…...

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Works Cited

"18 U.S.C. § 371." U.S. Justice Department, 2012. Web 7 May 2012

"18 USC Chapter 96." Cornell Law School, 2011. Web. 7 May 2012

"Attempted Murder." U.S. Legal, 2012. Web 7 May 2012

"Fraud Laws." U.S. Legal, 2012. Web. 7 May 2012

Business Law and Manufacturer esponsibility
From a business law perspective, the case involving a woman and her unattended food causing a house fire in her New Jersey home is an open and shut case. As the consumer involved in the case, Brenda Herff, claims that the Kellogg Company, makers of the popular breakfast food Pop-Tarts, failed to either warn her or adequately test their product for flammability, the evidence surrounding the case and the precautions taken by the Kellogg Company quite clearly point to operator negligence. Besides Kellogg, the couple also sued the Black and Decker Corp. For making a faulty product (ABC News, 2010). The lawyer for the couple claimed that the toaster failed to eject the pastry before it caught fire. There was no substantial evidence to support this claim, but certainly the couple was willing to stop at nothing to offload blame for this incident.

Another important consideration in…...

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References

ABC News. (2010). "Kellogg Sued Over Flaming Pop Tart." Accessed via web Nov 25, 2010 at  http://abcnews.go.com/Business/story?id=87887&page=1 .

Buzby, Jean C. And Paul D. Frenzen. (1999). "Food safety and product liability." Food Policy. Vol. 24, No. 6. Pp. 637-651.

Institute for Legal Reform. (2008). "New Bush Administration Rules Limit Consumer Lawsuits." Chicago Sun Times, May 14, 2008.

LaMance, Ken. (2009). "Warning Label Lawsuits." Legal Match Law Library. Accessed online 25 November 2010 at  http://www.legalmatch.com/law-library/article/warning-label-lawsuits.html .

usiness Law
The federal district court for the district in which the State of Confusion resides will have jurisdiction over the constitutionality of the -Hitch Statute. The lawsuit by Tanya Trucker will be heard in federal court because the federal courts have jurisdiction over issues of federal questions. This suit concerns a matter for the federal courts because the issue is "whether a state statute which interferes with commerce in the manner enacted by the State of Confusion is constitutionally valid under the doctrine of the commerce clause." Since the issue cannot be resolved without the provisions of the United States Constitution, it is a matter of federal law. The appropriate controlling provision is the commerce clause which is found in Article 1 section 8 clause 3 of the United States Constitution. It reads as follows: "The Congress shall have Power to…To regulate commerce with foreign nations, and among the several…...

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Bibliography

U.S. Const. art. I, § 8, cl.3.

Federal Rules of Civil Procedure (F.R.C.P.) (Amended Dec. 1, 2010) Accessed 22 Dec. 2011, Retrieved  http://www.law.cornell.edu/rules/frcp/ .

Kassell v. Consolidated Freightways Corp. Of Delaware, U.S. 662, 67 L.E.d.2d 580 (1981).

Business Law Ethics
Ethical Challenges

Facts: The case involving Luke is showing the ethical challenges he is facing with the construction of an adult entertainment center inside his community. This is because he is aware of their plans prior to the public announcement and believes that property values will decline. At the same time, he has close personal relationship with his brother Owen. He has received an offer to sell his property above fair market value. However, Owen believes that there is a possibility he will receive a better price if he waited a few years for more favorable conditions.

The primary issue Luke is dealing with is if he should disclose to Owen the information he knows about the pending announcement. This will violate the confidentiality he has to his employer from working on the project. Yet, if he does not inform Owen about what is happening, there is a probability he…...

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References

Stone, B. (2009). The Ethics Challenge. New York, NY: James Morgan.

Memo Format.  http://www.fsb.muohio.edu/heitgedl/Memo%20writing%20tips%20ACC333%20SP06.pdf

Business Law
The Differences between Civil Law and Criminal Law:

To a layman who is not familiar with the various concepts of Law, criminal Law may be more familiar because of intense interest in criminal cases that are tried in courts of law and the resulting media coverage. Civil law however, is quite an unknown subject. The differences between the two are many. In criminal law, the government generally files the litigation or the lawsuit, while in civil law; a private party who becomes known as the plaintiff always files the litigation. Apart from this basic difference, the most important difference is that under criminal law, the guilty person is punished by either a jail term, or a hefty fine to be paid to the government, or in certain extreme cases, by death. The crimes are also divided into 'felonies' that result in a jail term of more than a year, and…...

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References

Doing Business Overseas" Retrieved at   Accessed on 5 October, 2004http://www.raytheon.com/ethics/booklets/doingbus.pdf .

Federal Laws Prohibiting Discrimination" The U.S. Equal Employment Opportunity Commission. May 24, 2002. Retrieved at   Accessed on 4 October, 2004http://www.eeoc.gov/facts/qanda.html .

Moses, Jeffrey. (23 July, 2004) "How to make your Contracts Understandable and Legally Enforceable" Retrieved at   Accessed on 4 October, 2004http://www.nfib.com/object/IO_16815.html .

Standler, Ronald B. (1998) "Differences between Civil and Criminal Law in the U.S.A." Retrieved at   Accessed on 5 October, 2004http://www.rbs2.com/cc.htm .

usiness Law Ethics
Special Directions for Cases 1 -- 5: The following cases have been carefully chosen to represent several of the most pressing ethical dilemmas facing American business today. When answering the questions at the end of each case, consider the ethical character trait or traits that would guide your decision-making. Avoid the theory of subjective ethics. e less concerned with the "right" answer and more concerned with applying the ethical decision-making process properly.

Howard Wieder, an attorney, asked the members of the law firm for which he was employed, to assign one of their number to act as his representative in negotiating the purchase of an apartment in a condominium. An attorney in the firm, L.L., was designated to handle Wieder's negotiations. Unfortunately, L.L. did everything but handle Wieder's condominium negotiations. In fact, he not only neglected the negotiations, but also made many "false and misleading representations," carefully calculated to…...

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But in the decision-making by the court, the court feared that upholding such a standard in the case would place an undue burden on employers, namely that obligation could be implied which would be inconsistent with other terms of the contractual relationship. "Thus, in the case now before us, plaintiff's employment was at will, a relationship in which the law accords the employer an unfettered right to terminate the employment at any time. In the context of such an employment it would be incongruous to say that an inference may be drawn that the employer impliedly agreed to a provision which would be destructive of his right of termination." Ethically, the plaintiff may have been sound and the defendant's decision unsound, but the court feared setting a precedent regarding employment that could be legally abused, given the right to terminate clause in the employee's contract. (NY Court of Appeals Collection, 2004)

In 1994, a total of 125 midshipmen at the United States Naval Academy at Annapolis were suspected of being involved in a cheating scandal that affected the results of an electrical engineering examination. A civilian panel was convened to investigate the allegations of cheating. The honor code of the Naval Academy is based on the premise that officers in the United States Navy should not lie, cheat, or steal. Clearly, if the 125 midshipmen accused of cheating really did so, they violated the ethical character traits of honesty, integrity, and fairness. However, what about those midshipmen who knew about the cheating but did nothing to stop it or report it later? Were they obligated to step forward and inform their superiors of the activities of their fellow students? Would protecting fellow students violate or support the ethical character traits? Explain.

The honor code at the naval academy does not require students to turn in other students. However, the students who cheated put the integrity of all student exam results into question, as the cheating had an undue advantage in their performance.

Class Actions: Class actions, which are more widely available in the U.S., offer the opportunity to condense the suits into one action. When there is a group where all the members have similar claims, one party is the representative plaintiff and brings suit on behalf of the entire class against the defendant. In a class action, Merck would be able to deal with multiple claimants at once, minimizing legal costs and potentially leading to a lower settlement per claimant because the numbers would be aggregated.

Legal Risk Management: A risk management plan would allow Merck to prevent or reduce loss. In the case of the Vioxx suits, it is too late for a preventative approach, which would try to comply with legal requirements and avoid legal problems. However, the reactive approach, which is a plan that handles problems as they arise may be a better option. Merck now focuses on reducing…...

Business Law
In 1960 an advertisement was run by the New York Times that was paid for by civil rights activists. The ad criticized the department of the police openly in the city of Montgomery for how it treated protestors of civil rights. The descriptions in the advertisement were mostly accurate but there were some false statements. L.B Sullivan the police commissioner was offended and sued New York Times in Alabama court. Even though Sullivan's name was not mentioned in the article he still went ahead to sue the newspaper. The argument held by Sullivan was that the advertisement had ruined his reputation and libeling him at the same time. He demanded that the retraction of the paper (Hall, & Urofsky, 2011).

The issue in this case was freedom of press that is whether the first amendment has limits to the power of the state to give libel damages that have been…...

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References

Pearson Education. (2013). Current U.S. Supreme Court Members. Retrieved September 16, 2013 from  http://www.infoplease.com/us/supreme-court/supreme-court-members.html 

Hall, K. L & Urofsky, M.I.(2011). New York Times v. Sullivan. Retrieved September 16, 2013 from  http://www.kansaspress.ku.edu/halnew.html 

Hrcr.org.(2009). The New York Times v. Sullivan "Actual Malice" Rule. Retrieved September 16, 2013 from  http://www.hrcr.org/safrica/expression/nytimes_sullivan.html

The most significant purposes comprise: persuading actions of the members of a culture, resolving disagreements inside the culture, upholding significant social values, and providing a way for social change (Meiners, ingleb and Edwards, 2009). Canadians are recognized for their logic of fair play, their admiration for working people, and for their devotion to the rule of law. These principles are reflected in the legal system governing Canada's businesses (Phillips, 2009).
Bureaucracy may be defined as an official managerial understanding distinguished by division of labour, specialty of purposes, a pecking order of power and a scheme of regulations, policies and record keeping. In ordinary practice, it refers to the managerial division of government. This description steers clear of the disparaging use of the word as the same with red tape, with holdup, incompetence and rigidity. It does, though, reproduce the widespread relationship of bureaucracy with the enlargement of government behaviors and…...

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References

Anstead, Susan M. (1999). Law vs. Ethics in Management. Retrieved January 28, 2011, from Web site:  http://ansteadsue.tripod.com/ethics.htm 

Bureaucracy. (2011). Retrieved January 28, 2011, from the Canadian Encyclopedia Web site:

http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE&Params=A1ARTA00

01104

Business Law
When most people think of securities fraud and corporate misconduct, they will often associate Enron to these ideas. This is because it went from being the tenth largest company in America to one the biggest bankruptcies in U.S. history. On surface, everything appeared to be fine. Until it was disclosed, that the firm was running out of cash and the executive officers were unloading their stock. (Eichenwald, 2005)

This raised concerns that something more was happening behind the scenes. To fully understand what occurred requires carefully examining the firm itself, the effects it had on the legal system, the lasting impact on stakeholders and conducting an analysis of the situation. Together, these elements will highlight the various securities laws that were violated and the way case changed corporate governance going forward. (Fox, 2004)

The Circumstances at Enron

Enron was founded in 1985. This occurred after Houston Natural Gas merged with Northern Natural…...

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References

Baur, A. (2009). The Enron Scandal. Munich: Grin Verlag.

Eichenwald, K. (2005). Conspiracy of Fools. New York, NY: Broadway Books.

Farrell, O. (2009). Business Ethics. Mason, OH: South Western.

Fox, L. (2004). Enron the Rise and Fall. Hoboken, NJ: Wiley.

Principles of Business Essay Topics

Ethics and Social Responsibility

The Importance of Ethical Decision-Making in Business
Sustainability and Corporate Social Responsibility: Balancing Profits and Planetary Health
The Role of Business in Addressing Social Issues
Whistleblower Protection and the Ethical Obligations of Employees

Innovation and Entrepreneurship

The Role of Innovation in Driving Business Growth
The Entrepreneurial Mindset: Characteristics and Erfolgsfaktoren
Creating an Innovative Work Environment
The Impact of Technology on Business Innovation

Leadership and Management

Effective Leadership Styles: Authoritarian, Democratic, and Laissez-faire
Motivating Employees: Theories and Best Practices
The Importance of Diversity and Inclusion in Management
Managing Organizational Change: Challenges and....

The Daunting Quest of Aspiring Entrepreneurs: Surmounting the Towering Obstacle of Starting a New Venture

The entrepreneurial journey is an alluring path, often perceived as a ticket to financial freedom, innovation, and societal impact. However, beneath this enticing façade lies a landscape fraught with challenges that can deter even the most ambitious of aspiring entrepreneurs. Among these obstacles, one stands as a formidable barrier: the initial stages of starting a new venture.

1. Capital Constraints: The Financial Bottleneck

Funding is the lifeblood of any business, and its acquisition can be a daunting task for nascent entrepreneurs. Without adequate capital, aspiring entrepreneurs may struggle....