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Managers and the Legal Environment: Strategies for the 21st Century,
8th Edition

Constance E. Bagley

ISBN-13: 9781285860374 | ISBN-10: 1285860373

Copyright 2016

| Published 2015

| 944 pages

List Price USD $.00

Overview

Demonstrating the law's impact on daily business decisions and long-term strategies, Bagley's MANAGERS AND THE LEGAL ENVIRONMENT: STRATEGIES FOR THE 21ST CENTURY, 8E equips you with the legal knowledge and risk management techniques essential for success as a business manager. Renowned for its cutting-edge coverage and strategic approach, this book offers one of the most comprehensive yet easy-to-understand presentations of today's global legal environment of business. In-depth cases help you sharpen your critical thinking skills, and "A Manager's Dilemma" feature challenges you to consider such issues as whether to outsource labor to a country known for poor working conditions and the ethics of structuring a business to avoid domestic taxes. Whether you have significant management experience or are studying business for the first time, you will learn how to use principles of law to minimize risk and create value, attain core business objectives, identify and resolve legal issues, and effectively handle legal disputes. Up-to-date coverage includes the regulation of commercial speech, the disclosure of corporate political spending, the application of the Fourth Amendment to cell phone location data, the patentability of human genes, employees' use of social media, regulatory responses to climate change, the fiduciary duties of managers of limited liability companies, the FCC's proposed rules on net neutrality, the constitutionality of Obamacare, the use of race in college admissions, the Defense of Marriage Act, NSA surveillance programs, the right of college football players to unionize, and more.

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Meet the Authors

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Constance E. Bagley is a Senior Research Fellow at Yale School of Management, where she was formerly Professor in the Practice of Law and Management and a Senior Research Scholar at Yale Law School. Previously, she was an Associate Professor at Harvard Business School, a Senior Lecturer in Law and Management at the Stanford University Graduate School of Business, and a corporate securities partner at Bingham McCutchen LLP. Dr. Bagley has published articles in numerous professional journals, including the Academy of Management Review, the Harvard Business Law Review, the Harvard Journal of Law and Technology, the American Business Law Journal, the Stanford Journal of Law, Business & Finance, the University of Pennsylvania Journal of Business Law, the Duke Journal of Comparative and International Law, and the Cornell Journal of Public Policy. She has coauthored THE ENTREPRENEUR’S GUIDE TO LAW AND STRATEGY and authored WINNING LEGALLY: HOW MANAGERS CAN USE THE LAW TO CREATE VALUE, MARSHAL RESOURCES, AND MANAGE RISK. She has also contributed chapters to THE OXFORD HANDBOOK ON DYNAMIC CAPABILITIES and GENERAL COUNSEL IN THE 21ST CENTURY: CHALLENGES AND OPPORTUNITIES. She recently coauthored an article for Harvard Business Review (https://hbr.org/2017/12/how-boards-can-reduce-corporate-misbehavior). Dr. Bagley received her JD from Harvard Law School and her AB with Honors and Distinction from Stanford University. She received an honorary doctorate in economics from Lund University in Sweden in 2011. She is a member of the Bar of New York and of the Bar of California (inactive). Dr. Bagley has also taught at the University of Connecticut School of Business and its School of Law. She is the business school coeditor of eshiplaw.org and CEO of Bagley Strategic Consulting Group LLC.

  • NEW "INSIDE STORY" FEATURES: Offering detailed analysis of legal issues taken from recent headlines, new "Inside Story" features cover the deadly fires in garment manufacturing plants in Bangladesh (Chapter 1), suicides in China's Foxconn facilities and Apple's response (Chapter 1), PRISM and other NSA surveillance programs (Chapter 9), Apple's e-books price-fixing conspiracy (Chapter 16), and the 2014 decision by the Court of Justice of the European Union in a case against Google articulating the "right to be forgotten" (Chapter 24).
  • NEW END-OF-CHAPTER QUESTIONS AND CASE PROBLEMS: Helping students put chapter concepts into action, end-of-chapter questions and problems are completely up to date and include coverage of the Supreme Court's 2014 decisions regarding limits on political contributions and the constitutionality of Michigan's "Proposal 2" ban on affirmative action (Chapter 4), the legality of Google's book scanning project (Chapter 11), the right of college football players to unionize (Chapter 12), workplace sexual harassment claims (Chapter 13), Fourth Amendment issues involving the search of an arrestee's cell phone by police without a warrant (Chapter 14), whether league rules banning the use of professional football game footage constitutes an antitrust violation (Chapter 16), and false and misleading advertising claims against a food manufacturer whose product is labeled "100% natural" (Chapter 17).
  • NEW "CASE IN POINT" CASES: Illustrating the impact of the law on real-world business, all-new cases include the enforceability of contractual waivers of class arbitration (Chapter 3); the constitutionality of Obamacare, the use of race in college admissions, and the Defense of Marriage Act (Chapter 4); the enforceability of a contract to negotiate in good faith (Chapter 7); the legality under the copyright laws of Aereo's transmissions of "live" television broadcasts (Chapter 11); the predicates for a duty to accommodate religious dress (Chapter 13); the EPA's authority to regulate greenhouse gases (Chapter 15); the legality of reverse settlement agreements involving brand name and generic drug firms under the antitrust laws (Chapter 16); the treatment of a denial of a land use permit under the U.S. Constitution (Chapter 18); and the use of poison pills to thwart activist investors (Chapter 20).
  • NEW "PERSPECTIVE" BOXES: Illustrating the role of history, politics, and economics in the development of the laws, "Perspective" boxes include new discussions about raising the minimum wage (Chapter 12) as well as a comparison of the efficient market theory and the theory of market bubbles as articulated by two of the 2013 Nobel laureates in economics and the implications for the fraud on the market theory of liability under the securities laws (Chapter 22).
  • NEW "MANAGER'S DILEMMA" CONCEPTS: Highlighting the real-world legal, risk management, and ethical issues that today's managers must navigate, all-new "Manager's Dilemma" boxes cover tax avoidance by Starbucks, Apple, and Google (Chapter 2); the amount of information drug companies should disclose about clinical trials (Chapter 10); and ethical issues involving patents and new product development (Chapter 11).
  • "PERSPECTIVE BOXES" OFFER AN INTERDISCIPLINARY VIEW OF TODAY'S LAW. Clearly show students how history, politics, and economics affect the evolution of the law with intriguing "Perspective Boxes" throughout the text. Each box focuses on a historical, political, or economic perspective to help students become more aware of the interplay between these three areas and the law.
  • IN-DEPTH CASE TREATMENT TEACHES CRITICAL THINKING SKILLS. Provided as summaries or presented in the actual language of the court, numerous cases in each chapter represent key court decisions that shape important business law concepts or present key legal conflicts that managers will address in their careers. The associated critical thinking questions require students to analyze what they have read and to predict the decision's impact on future cases.
  • PREPARE STUDENTS FOR REAL-WORLD BUSINESS. Offering cutting-edge coverage, MANAGERS AND THE LEGAL ENVIRONMENT: STRATEGIES FOR THE 21ST CENTURY, 8E teaches future managers how to use law and legal tools to create value while minimizing legal and business risk, attain core business objectives, identify and resolve legal issues before they become problems, and effectively handle legal disputes.
  • ENHANCED SPECIAL FEATURES PIQUE STUDENT INTEREST. Proven learning features "A Global View," "Ethical Considerations," and "Inside Story" add intriguing depth and memorable character to the book's presentation. These special sections encourage active student involvement in meaningful classroom discussions.
  • "THE RESPONSIBLE MANAGER" AND "A MANAGER'S DILEMMA" SECTIONS INTEGRATE LAW, MANAGEMENT, AND ETHICS. These insightful features summarize each chapter from a managerial perspective and discuss the critical legal, risk management, and ethical issues that successful managers must consider to avoid costly, time-consuming litigation or regulatory fines. These management features offer useful on-the-job references for practicing business managers long after the course is complete.
  • TREATMENT OF THE GLOBAL LEGAL ENVIRONMENT IS THE MOST COMPREHENSIVE ON THE MARKET. Business law authority Constance Bagley offers thorough coverage of the most essential business law topics--such as agency, contracts, sales, torts, criminal law, antitrust, and employment law--as well as specialized topics crucial to business managers, including intellectual property, lending transactions and bankruptcy, securities regulation and bans on insider trading, and environmental law.

Table of Contents

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Unit I: FOUNDATIONS OF THE LEGAL AND REGULATORY ENVIRONMENT.
1. Law, Value Creation, and Risk Management.
2. Ethics and the Law.
3. Sources of Law, Courts, and Dispute Resolution.
4. Constitutional Bases for Business Regulation.
5. Agency.
6. Administrative Law.
Unit II: THE LEGAL ENVIRONMENT.
7. Contracts.
8. Sales, Licensing, and E-Commerce.
9. Torts and Privacy Protection.
10. Product Liability.
11. Intellectual Property.
Unit III: HUMAN RESOURCES.
12. The Employment Agreement.
13. Civil Rights and Employment Discrimination.
Unit IV: THE REGULATORY ENVIRONMENT.
14. Criminal Law.
15. Environmental Law.
16. Antitrust.
17. Consumer Protection.
18. Real Property and Land Use.
Unit V: CORPORATE GOVERNANCE, OWNERSHIP, AND CONTROL.
19. Forms of Business Organizations.
20. Directors, Officers, and Controlling Shareholders.
Unit VI: SECURITIES AND FINANCIAL TRANSACTIONS.
21. Public and Private Offerings of Securities.
22. Securities Fraud and Insider Trading.
23. Debtor-Creditor Relations and Bankruptcy.
Unit VII: INTERNATIONAL BUSINESS.
24. International Law and Transactions.
Appendix A: The Constitution of the United States of America.
Appendix B: Title VII of the Civil Rights Act of 1964 [Excerpts].
Appendix C: Americans with Disabilities Act of 1990 [Excerpts] and ADA Amendments Act of 2008 [Excerpts].
Appendix D: Sherman Antitrust Act [Excerpts].
Appendix E: Clayton Act of 1914 [Excerpts].
Appendix F: Federal Trade Commission Act of 1914 [Excerpts].
Appendix G: Securities Act of 1933 [Excerpts].
Appendix H: Securities Exchange Act of 1934 [Excerpts].
Appendix I: Rules 10b-5, 10b5-1, and 10b5-2 from Code of Federal Regulations.
Appendix J: Rule 14e–3 from Code of Federal Regulations.
Appendix K: Sarbanes–Oxley Act of 2002 [Excerpts].

Cengage provides a range of supplements that are updated in coordination with the main title selection. For more information about these supplements, contact your Learning Consultant.

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Managers and the Legal Environment

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