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Table of Contents
About the Authors
Acknowledgments
Preface
1
Introduction to Law and Legal Systems
1.1
What Is Law?
1.2
Schools of Legal Thought
1.3
Basic Concepts and Categories of US Positive Law
1.4
Sources of Law and Their Priority
1.5
Legal and Political Systems of the World
1.6
A Sample Case
1.7
Summary and Exercises
2
Corporate Social Responsibility and Business Ethics
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2.1
What Is Ethics?
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2.2
Major Ethical Perspectives
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2.3
An Ethical Decision Model
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2.4
Corporations and Corporate Governance
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2.5
Summary and Exercises
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3
Introduction to Tort Law
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3.1
Purpose of Tort Laws
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3.2
Intentional Torts
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3.3
Negligence
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3.4
Strict Liability
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3.5
Cases
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3.6
Summary and Exercises
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4
Introduction to Contract Law
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4.1
General Perspectives on Contracts
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4.2
Sources of Contract Law
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4.3
Basic Taxonomy of Contracts
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4.4
Cases
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4.5
Summary and Exercises
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5
The Agreement
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5.1
The Agreement in General
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5.2
The Offer
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5.3
The Acceptance
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5.4
Cases
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5.5
Summary and Exercises
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6
Real Assent
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6.1
Duress and Undue Influence
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6.2
Misrepresentation
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6.3
Mistake
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6.4
Capacity
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6.5
Cases
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6.6
Summary and Exercises
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7
Consideration
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7.1
General Perspectives on Consideration
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7.2
Legal Sufficiency
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7.3
Promises Enforceable without Consideration
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7.4
Cases
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7.5
Summary and Exercises
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8
Legality
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8.1
General Perspectives on Illegality
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8.2
Agreements in Violation of Statute
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8.3
Bargains Made Illegal by Common Law
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8.4
Effect of Illegality and Exceptions
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8.5
Cases
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8.6
Summary and Exercises
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9
Form and Meaning
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9.1
The Statute of Frauds
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9.2
The Parol Evidence Rule
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9.3
Interpretation of Agreements: Practicalities versus Legalities
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9.4
Cases
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9.5
Summary and Exercises
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10
Third-Party Rights
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10.1
Assignment of Contract Rights
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10.2
Delegation of Duties
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10.3
Third-Party Beneficiaries
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10.4
Cases
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10.5
Summary and Exercises
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11
Discharge of Obligations
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11.1
Discharge of Contract Duties
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11.2
Cases
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11.3
Summary and Exercises
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12
Remedies
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12.1
Theory of Contract Remedies
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12.2
Promisee’s Interests Protected by Contract
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12.3
Legal Remedies: Damages
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12.4
Equitable Remedies
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12.5
Limitations on Contract Remedies
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12.6
Cases
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12.7
Summary and Exercises
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13
Introduction to Sales and Leases
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13.1
Commercial Transactions: the Uniform Commercial Code
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13.2
Introduction to Sales and Lease Law, and the Convention on Contracts for the International Sale of Goods
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13.3
Sales Law Compared with Common-Law Contracts and the CISG
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13.4
General Obligations under UCC Article 2
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13.5
Cases
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13.6
Summary and Exercises
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14
Title and Risk of Loss
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14.1
Transfer of Title
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14.2
Title from Nonowners
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14.3
Risk of Loss
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14.4
Cases
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14.5
Summary and Exercises
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15
Performance and Remedies
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15.1
Performance by the Seller
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15.2
Performance by Buyer
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15.3
Remedies
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15.4
Excuses for Nonperformance
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15.5
Cases
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15.6
Summary and Exercises
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16
Nature and Form of Commercial Paper
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16.1
Introduction to Commercial Paper
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16.2
Scope of Article 3 and Types of Commercial Paper and Parties
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16.3
Requirements for Negotiability
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16.4
Cases
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16.5
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17
Negotiation of Commercial Paper
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17.1
Transfer and Negotiation of Commercial Paper
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17.2
Indorsements
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17.3
Problems and Issues in Negotiation
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17.4
Cases
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17.5
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18
Holder in Due Course and Defenses
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18.1
Holder in Due Course
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18.2
Defenses and Role in Consumer Transactions
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18.3
Cases
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18.4
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19
Liability and Discharge
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19.1
Liability Imposed by Signature: Agents, Authorized and Unauthorized
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19.2
Contract Liability of Parties
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19.3
Warranty Liability of Parties
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19.4
Discharge
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19.5
Cases
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19.6
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20
Consumer Credit Transactions
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20.1
Entering into a Credit Transaction
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20.2
Consumer Protection Laws and Debt Collection Practices
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20.3
Cases
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20.4
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21
Secured Transactions and Suretyship
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21.1
Introduction to Secured Transactions
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21.2
Priorities
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21.3
Rights of Creditor on Default and Disposition after Repossession
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21.4
Suretyship
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21.5
Cases
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21.6
Summary and Exercises
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22
Mortgages and Nonconsensual Liens
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22.1
Uses, History, and Creation of Mortgages
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22.2
Priority, Termination of the Mortgage, and Other Methods of Using Real Estate as Security
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22.3
Nonconsensual Lien
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22.4
Cases
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22.5
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23
Bankruptcy
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23.1
Introduction to Bankruptcy and Overview of the 2005 Bankruptcy Act
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23.2
Case Administration; Creditors’ Claims; Debtors’ Exemptions and Dischargeable Debts; Debtor’s Estate
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23.3
Chapter 7 Liquidation
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23.4
Chapter 11 and Chapter 13 Bankruptcies
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23.5
Alternatives to Bankruptcy
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23.6
Cases
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23.7
Summary and Exercises
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24
Intellectual Property
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24.1
Patents
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24.2
Trade Secrets
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24.3
Copyright
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24.4
Trademarks
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24.5
Cases
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24.6
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25
Relationships between Principal and Agent
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25.1
Introduction to Agency and the Types of Agents
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25.2
Duties between Agent and Principal
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Cases
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26
Liability of Principal and Agent; Termination of Agency
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26.1
Principal’s Contract Liability
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26.2
Principal’s Tort and Criminal Liability
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26.3
Agent’s Personal Liability for Torts and Contracts; Termination of Agency
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Cases
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27
Partnerships: General Characteristics and Formation
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27.1
Introduction to Partnerships and Entity Theory
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27.2
Partnership Formation
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27.3
Cases
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27.4
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28
Partnership Operation and Termination
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28.1
Operation: Relations among Partners
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28.2
Operation: The Partnership and Third Parties
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28.3
Dissolution and Winding Up
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28.4
Cases
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28.5
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29
Hybrid Business Forms
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29.1
Limited Partnerships
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29.2
Limited Liability Companies
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29.3
Other Forms
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Cases
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29.5
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30
Corporation: General Characteristics and Formation
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30.1
Historical Background
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30.2
Partnerships versus Corporations
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30.3
The Corporate Veil: The Corporation as a Legal Entity
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30.4
Classifications of Corporations
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30.5
Corporate Organization
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30.6
Effect of Organization
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30.7
Cases
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30.8
Summary and Exercises
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31
Legal Aspects of Corporate Finance
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31.1
General Sources of Corporate Funds
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31.2
Bonds
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31.3
Types of Stock
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31.4
Initial Public Offerings and Consideration for Stock
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31.5
Dividends
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31.6
The Winds of Change
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31.7
Cases
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31.8
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32
Corporate Powers and Management
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32.1
Powers of a Corporation
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32.2
Rights of Shareholders
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32.3
Duties and Powers of Directors and Officers
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32.4
Liability of Directors and Officers
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32.5
Cases
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32.6
Summary and Exercises
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33
Securities Regulation
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33.1
The Nature of Securities Regulation
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33.2
Liability under Securities Law
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33.3
Cases
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33.4
Summary and Exercises
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34
Corporate Expansion, State and Federal Regulation of Foreign Corporations, and Corporate Dissolution
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34.1
Corporate Expansion
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34.2
Foreign Corporations
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34.3
Dissolution
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34.4
Cases
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34.5
Summary and Exercises
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35
Antitrust Law
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35.1
History and Basic Framework of Antitrust Laws in the United States
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35.2
Horizontal Restraints of Trade
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35.3
Vertical Restraints of Trade
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35.4
Price Discrimination: The Robinson-Patman Act
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35.5
Exemptions
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35.6
Sherman Act, Section 2: Concentrations of Market Power
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35.7
Acquisitions and Mergers under Section 7 of the Clayton Act
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35.8
Cases
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35.9
Summary and Exercises
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36
Unfair Trade Practices and the Federal Trade Commission
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36.1
The Federal Trade Commission: Powers and Law Governing Deceptive Acts
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36.2
Deceptive Acts and Practices
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36.3
Unfair Trade Practices
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36.4
Remedies
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36.5
Cases
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36.6
Summary and Exercises
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37
Employment Law
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37.1
Federal Employment Discrimination Laws
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37.2
Employment at Will
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37.3
Other Employment-Related Laws
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37.4
Cases
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37.5
Summary and Exercises
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38
Labor-Management Relations
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38.1
A Brief History of Labor Legislation
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38.2
The National Labor Relations Board: Organization and Functions
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38.3
Labor and Management Rights under the Federal Labor Laws
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38.4
Case
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38.5
Summary and Exercises
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