Disputes Resolved by Arbitration Research Paper

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HMLS 302
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March 22, 2008
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Chapter 1
#4. What was the traditional level of national spending on domestic security?
What were the exceptions? Why?
The traditional level of national spending on security has historically been
very low. There have been exceptions to the spending level during times of war or
natural disasters. The reason for this is, prior to September 11, 2001, Americans
depended largely on their states for domestic security and they seemed to have less
desire to spend a lot on security during times of peace.
At times, the government did deviate from its pattern of low spending for
domestic security. Spending increased temporarily during the War of 1812 when
border control became an issue but decreased at the wars end. This mentality
continued through the Civil War. Americans continued to look to their communities
for protection and security. It was not until the period of Reconstruction that federal
marshals were used to assist states in security. There was a new focus on national
security during World War I and World War II. The U.S. was becoming a powerful
nation with new foreign enemies. Troops were recruited and there became a new
effort of protecting our homeland. Although Americans were concerned about these
foreign powers, once the wars ended, fears eased and spending on national security
also decreased. This same pattern was repeated during the Cold War with the
Soviet Union. American feared nuclear attacks, but as time moved on and nothing
happened, the government did not want to continue the same level of national
defense spending. Although spending would increase temporarily during times of
emergencies and natural disaster, domestic security was not a continual focus.
This mentality changed after September 11, 2001. The attack on U. S.
citizens on U. S. soil led to the creation of the Department of Homeland Security
(DHS). Many agencies that were founded in the early 1900’s such as U. S. Customs
and Border Protection, U. S. Immigration and Customs Enforcement, and the U. S.
Secret Service, would begin to work together under this newly formed agency.
Other agencies under DHS are: U. S. Coast Guard, Transportation Security
Administration and Federal Emergency Management Agency. In 2001, the federal
government spent approximately 20 billion dollars on homeland security. This
increased to 47 billion by 2005. The President has requested 61 billion dollars to be
spent on homeland security for 2008; this includes 30 billion to go directly to DHS.
Many of these agencies have new goals that will continue to evolve as their roles
become more defined.
While the risk of terrorism is still high in our country and we are involved in
wars in Iraq and Afghanistan, spending on national security will most likely remain at
these current levels. While America is still experiencing elevated risk to its national
security, it is anticipated that the federal government will continue to make domestic
security a high priority. If America, once again returns to times of peace, the
spending level may decrease as it has done in the past.
References:
Carafano, J. & Spring, B. (2007, February 8). Bush’s Budget: Protecting Homeland
Security and Defense by Reining in Entitlements. Retrieved March 19, 2008,
from The Heritage Foundation Web site:
http://www.heritage.org/research/budget/wm1352.cfm
Hobijn, B., & Sager, E. (2007, February). What Has Homeland Security Cost? An
Assessment: 2001-2005. Current Issues in Economics & Finance, 13(2), 1-7.
Retrieved March 17, 2008, from Academic Search Premier database.
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 3-10). New York:
McGraw-Hill.
(2004, April 30). Federal Funding for Homeland Security. Retrieved March 20, 2008,
from Congressional Budget Office Web site:
http://cbo.gov/ftpdoc.cfm?index=5414
Chapter 2
# 2. Identify two types of modern technology used by twenty-first century
terrorists. Explain why they might be terrorist tools.
Twenty-first century terrorist are using a range of technological resources.
Two of the most significant technologies that terrorist use are the Internet and
wireless communications such as cellular or satellite phones. Both of these modern
day technologies have been successful tools for terrorist activities.
The Internet is probably the most powerful tool for terrorist organizations. It
allows terrorist groups to communicate effortlessly through instant messaging, email,
chat rooms and online blogs. It also gives them the ability to create websites to
spread their propaganda worldwide. Through these websites they can recruit new
members, fundraise to support their terrorist activities, provide training materials to
members, gather intelligence, and coordinate their actions. Often terrorist
organizations record their attacks and post the videos online for others to see. This
furthers their cause to their supporters and spreads fear world wide to a larger
group. They also have the ability to use data mining and encrypt messages to each
other. Another potential for terrorists using the Internet is to create a cyber attack on
its enemies. Such a computer-based attack could harm telecommunications, costing
a nation’s economy billions of dollars. Also, there is the risk of bodily harm if
terrorists decided to wage a cyber attack on targets such as airport communications,
water purification systems, or a national or regional power grid.
Cellular and satellite phones are another example of modern technology used
by terrorists. Cellular phones allow groups to stay in constant contact with each
other around the globe. They have also been used in suicide attacks, and car
bombs. The built-in alarm clock in cell phones (or even a call to a cell phone) can be
used to detonate explosives. Cell phones were used in the 2002 Bali nightclub
bombing, the 2002 bombing of the Hebrew University, the 2004 bombing of the
Madrid train and the 2004 car bombing of the Jakarta Marriott. In January 2006,
federal agents were investigating the large sale of disposable cell phones.
As technology changes and advances, so it appears will the terrorists’ use of
these technologies. In an attempt to battle these groups, governments around the
world must also make proactive efforts to learn about these groups, their activities
and their use of technology.
References:
Boulden, J. (2004, April 4). Mobiles used in high-tech terror. Retrieved March 16,
2008, from CNN Web site:
http://www.cnn.com/2004/TECH/04/04/mobile.terror/index.html
Lachow, I., & Richardson, C. (2007, Spring). Terrorist Use of the Internet: The Real
Story. JFQ: Joint Force Quarterly, Retrieved March 16, 2008, from Academic
Search Premier database.
Ross, B. (2006, January 12). Surge in sale of disposable cell hones may have terror
link. Retrieved March 16, 2008, from ABC News Web site:
http://abcnews.go.com/WNT/Investigation/tory?id=1499905
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 27-28). New York:
McGraw-Hill.
Weimann, G. (2007, May). Mass Media Theater. eJournal USA, 12, Retrieved March
16, 2008, from http://usinfo.state.gov/journals
Chapter 3
# 2 What are the key elements of The National Strategy for Homeland
Security?
Following the terrorist attacks of September 11, 2001, United States
government created The National Strategy for Homeland Security. The three main
elements of the Strategy are to:
1. Prevent terrorist attacks within the U.S.
2. Reduce America’s vulnerability to terrorism
3. Minimize the damage and to recover from attacks that do occur.
To meet these three elements, the Office of Homeland Security (OHS)
created six critical mission areas. These mission areas are: (1) Intelligence and
Warning, (2) Border and Transportation Security, (3) Domestic Counterterrorism, (4)
Protect Critical Infrastructures and Key Assets, (5) Defend Against Catastrophic
Threats And (6) Emergency Preparedness and Response.
In October 2007, President Bush released an updated Strategy, which is
meant to build on the original version from 2002. The new key strategies differ
slightly from the original. They are to:
1. Prevent and disrupt terrorist attacks
2. Protect the American people, our critical infrastructure and key resources
3. Respond to and recover from incidents that do occur
4. Continue to strengthen the foundation to secure our long-term success.
In an effort to make homeland security successful, the Strategy calls for
active participation from federal, state, and local governments as well as from the
private sector and individuals. The elements of Homeland Security will continue to
evolve, as new threats to our national security may call for re-evaluation and
changes to the Strategy.
References:
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 52-53). New York:
McGraw-Hill.
(2002, July). National Strategy for Homeland Security. Retrieved March 15, 2008,
Web site: http://www.whitehouse.gov/homeland/book/nat_strat_hls.pdf
(2007, October). National Strategy for Homeland Security. Retrieved March 15,
2008, Website: http://www.whitehouse.gov/infocus/homeland/nshs/NSHS.pdf
Chapter 4
#5. Explain factors that have increased the propensity of terrorists to inflict
mass casualties.
Terrorists’ attacks today have a tendency to inflict more casualties than
terrorist acts of the past. The factors that have led to the increases in casualties are:
the sophistication of the weapons used, trend to attack “soft targets”, and the
terrorist groups tend to be religious extremist who are willing to die for their cause.
One reason that terrorist today are able to inflict more casualties is due to the
sophistication of their weapons. They are using modern technologies such as the
Internet to educate and communicate. They are well funded and are able to
purchase powerful weapons such as powerful explosives and anti-tank missiles.
There is also the threat of the use of Weapons of Mass Destruction consisting of
chemical, biological or nuclear weapons. These groups are able to recruit highly
educated people to support their cause.
Another main factor causing an increase in casualties due to terrorism is the
attacks on soft targets. These sites are generally unprotected public places such as
malls, restaurants, movie theaters, churches, apartment buildings and markets.
According to Washington Post, “Terrorism’s Soft Targets”, these types of attacks are
common throughout the Middle East, South Asia and are increasing in Southeast
Asia, Russia and Africa. Many believe it is only a matter of time before the U.S. has
a similar attack. In 2004, troops in Iraq discovered information such as photographs
and evacuation plans for multiple school districts in the United States. This brings
fear to every American. Although these attacks are commonplace in other parts of
the world, an attack like this on U.S. soil would be crippling to our society.
In addition to the other factors, religious extremists carry out many terrorist
acts. These types of fundamentalist believe they are martyrs for their cause and that
they are “killing in the name of God”. They view themselves as “holy fighters”.
Suicide attacks generally are the most violent and result in more fatalities and
injuries than other types of terrorism. September 11, 2001 was one of the most
deadly suicide attacks. Almost 3,000 people died that day and thousands more were
injured. Between 2000 and 2004 there were 472 suicide attacks in 22 countries. In
2005, there was an average of one attack per day in Iraq.
The State Department says that there were 14,000 acts of terrorism around
the world in 2006. Twenty thousand casualties and numerous injuries came from
these attacks. This was a 25 percent increase from 2005.
Terrorists today are able to adapt and change their strategies quickly. It is
important that the strategies to fight terrorism adjust as quickly. Governments need
to work together to stop this increasing trend.
References:
DeYoung, K. (2006, April 29). Terrorist Attacks Rose Sharply in 2005, State Dept.
Says: [FINAL Edition]. The Washington Post, p. A.01. Retrieved March 16,
2008, from ProQuest National Newspapers Core database. (Document
ID: 1028899691).
Ervin, C. (2006, May 7). Terrorism’s Soft Targets. The Washington Post, Retrieved
Match 16, 2008, from http://www.washingtonpost.com/wpdyn/content/article/2006/05/05/AR2006050501754.html
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 80-81). New York:
McGraw-Hill.
Warrick, J. (2004, December 31). An Easier, but Less Deadly, Recipe for
Terror: [FINAL Edition]. The Washington Post, p. A.01. Retrieved March 16,
2008, from ProQuest National Newspapers Core database. (Document
ID: 772535411).
(n.d.) Weapons of Mass Destruction. Retrieved March 16, 2008, from Federal
Bureau of Investigation Web site:
http://www.fbi.gov/hq/nsb/wmd/wmd_home.htm
Chapter 5
#3. Describe the capabilities of Hizballah.
This essay will describe the capabilities of Hizballah, a terrorist group
recognized by the US Department of State, with networking, political, financial, and
military capabilities in the Middle East and with cells operating in other parts of the
world.
Hizballah, (Arabic for Party of God), was established in 1982. Founded by
Lebanese Shiite Muslims, and assisted by the Iranian Revolutionary Guard,
Hizballah began as a militia group working to end Israel’s occupation of Lebanon.
It has a strong alliance with both Iran and Syria, both of which have been
financial supporters. Iran has also provided, money, weapons and training to
Hizballah forces.
Since 1982, but especially after Israel’s 2000 departure from Lebanon, the
Hizballah network has grown from a small militia group to a powerful terrorist
organization with strong, political ties. Hizballah has become a legitimate political
party, which participates in the Lebanese parliament. It has social ties to the
community through the operation of schools, hospitals, charitable organizations and
banks. It has been able to filter money into its terrorist organization through its
charitable campaigns.
Hizballah has been involved in various terrorist attacks since the early 1980s.
It was responsible for the 1983 bombing of the U.S. embassy and marine barracks in
Beirut. They were involved in the 1985 hijacking of a TWA flight that led to the death
of one hostage, who was a US Navy diver. It was also responsible for the 1992
bombing of the Israeli Embassy in Argentina and the Jewish Cultural center in
Buenos Aires in 1994.
As recently as July 2006, Hizballah demonstrated to the world its military
capabilities. Hizballah attacked an Israeli convoy leading to the death and
kidnapping of Israeli soldiers. In retaliation, over a 34-day period, Israel attacked
Lebanon. Since this attack, both the Israeli Defense Forces and the U.S. Army have
been studying Hizballah capabilities. According to recent report in USA Today,
even though the Israeli military was “better armed, better trained and more
numerous than Hizballah,” it “proved a resilient foe for Israeli’s vaunted military,
inflicting casualties and firing missiles into Israel despite a punishing air campaign.”
Hizballah had anti-tank missiles in its arsenal of weapons. These missiles were able
to penetrate Israel’s powerful tanks. It is believed that these missiles were supplied
by Iran and that Syria participated in the transport. Hizballah also had the use of
sophisticated communications systems and computers for tactical internal
communications. The USA Today article states that Hizballah had created a series
of tunnels and bunkers that led almost to the Israel-Lebanon border. They used
these bunkers and civilian homes to fire approximately 200 short-range missiles a
day into Israel during the conflict.
The U.S. Department of State report on Hizballah states that it supports “a
variety of violent Anti-Western groups including Palestinian terrorist organizations.
This support includes weapons, explosives, training, funding and guidance as well
as overt political support.”
Hizballah’s network has continued to grow through the media and the
Internet. Hizballah is estimated to have thousands of supporters and members.
From its base location is in Southern Lebanon it has cells operating in Europe, Asia,
Africa, North America and South America. Hizballah operates in a very poor area
within Lebanon. Through its social and charitable works, it has created a network of
popular support. Through the use of propaganda and he popular appeal of
charismatic, Hizballah is able to recruit new supporters. There are recent reports
that Hizballah has spread its terrorist campaign to Argentina, by appealing to people
living in poverty.
Because of Hizballah’s alliance with Iran and Iran’s quest for nuclear
weapons, as well as its ability to bridge the Sunni-Shiite divide in the terrorist
community, it has tremendous potential to widen their terrorist campaign. With Iran’s
continued support, Hizballah has the ability and apparently the intention to remain a
formidable force not only in the Middle East but also, with ties around the world.
References:
Brook, T. (2008, March 14) U.S. learns from Israel-Hezbollah war. USA Today,
Retrieved March 15, 2008 from Academic Search Premier database.
Katz, Y (n.d.) Israeli military studies Hezbollah’s resilience. USA Today, Retrieved
March 15, 2008 from Academic Search Premier database.
Phillips, J. (2006, July 13). Iran and its Hezbollah Allies Escalate their Aggressive
Policies in the Middle East. The Heritage Foundation, Retrieved March 5,
2008, from www.heritage.org/research/middleeast/wm1159.cfm.
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 93-96). New York:
McGraw-Hill.
Tyson, A. – Washington Post Staff Writer (2007, December 9). Iran Aims ‘To Foment
Instability,’ Gates Says; Nuclear Program Could Be Restarted, Defense Chief
Warns. The Washington Post,p. A.27. Retrieved March 16, 2008, from
ProQuest National Newspapers Core database. (Document ID: 1395408871).
(n.d.) Iran. Retrieved March 15, 2008, from US Department of State Web site:
http://www.state.gov/outofdate/bgn/i/88394.htm
(n.d.) Military – Hizballah. Retrieved March 15, 2008, from Global Security Web site:
http://www.globalsecurity.org/militarry/world/para/hizballah.htm
Chapter 6
#4 What is narco-terrorism?
This essay will describe narco-terrorism which the United States Drug
Enforcement Administration (DEA) defines as “an organized group that is complicit
in the activities of drug trafficking in order to further or fund, premeditated, politically
motivated violence perpetrated against noncombatant targets with the intention to
influence [a government or a group of people].” In other words, many groups that
participate in acts of terrorism are actively involved in drug production, trafficking and
sales. It is believed that these groups are using this trafficking as a means to
financially support their terrorist activities. In order to explain how narco-terrorism
affects Homeland Security, it will be necessary to give a brief description of some of
the nations involved in these activities, as well as what various government agencies
are doing to eliminate or reduce this type of terrorism.
Narco-terrorism indirectly affects Homeland Security. According to DEA, 39
percent of the U.S. Department of State’s list of designated terrorist organizations
participates in drug activities. In the 2003, DEA testified to Congress, Americans
spend $64 billion on illegal narcotics. DEA Administrator, Karen Tandy, testified to
the Committee on International Relations in February 2004, “Drug production in
Mexico, Colombia, Thailand and Afghanistan produces the supply of drugs that
devastates our families and our communities. The same illegal drug production
funds that attack civilized society also destabilize democracies across the globe.
Illegal drug production undermines America’s culture; it funds terror and it erodes
democracy. And, they all represent a clear and present danger to our national
security.” There is also evidence that the explosives used in the Madrid train
bombings of 2004, which killed 191 people, were bought using the proceeds of
hashish sales. Tandy also stated that there is an increase in the use of bartering
drugs for munitions to be used in terror attacks. (Time, July 2007)
Many parts of the world are experiencing the narco-terrorism. Russia has a
vast network of organized crime with connections in Italy, Mexico, Japan, China,
Nigeria and Colombia. They are involved in money laundering, drug trafficking and
weapons exchange. In Colombia alone there are three recognized terrorist
organizations: the Revolutionary Armed Forces of Colombia (FARC), the National
Liberation Army (ElN), and the United Self Defense Groups of Columbia (AUC).
These groups use proceeds from the sale of cocaine to purchase weapons. These
groups are also linked to many kidnappings and robberies. FARC is one of the
largest terrorist groups operating in South America. In an area labeled the
Tri-Border, Argentina, Brazil and Paraguay, Hizballah and HAMAS are involved in
drug trafficking and the sale of other contraband. These organizations often set up
legitimate businesses to launder money and move the funds into Lebanon. DEA
testified to Congress in 2003, “these individuals are utilizing the proceeds from
cocaine trafficking to provide economic assistance to terrorist movements in the
Middle East”. The Philippines have several known terrorist organizations: the Moro
National Liberation Front (MNLF), the Moro Islamic Liberation front (MILF), and the
Abu Sayyaf Group (ASG). According to DEA, MNLF produces marijuana and crystal
meth and all three groups use funds from drug trafficking to fund their terrorist
activities. ASG has links to Al-Qaida and is reported to have been involved in the
2002 bombing of a nightclub in Indonesia. According to DEA, ASG is involved in
virtually any criminal activity that is profitable.
Afghanistan is the largest producer of opium in the world. In a January 23,
2008 Washington Post article, “Still Wrong In Afghanistan” 90 percent of the world’s
heroin is supplied by Afghanistan. The Washington Post article also says 50 percent
of the Afghanistan gross national product comes from the production of heroin.
Afghanistan has known links to Al-Qaida and of course the Taliban. The Taliban
regime was funded in large part by the opium production. Although opium was
illegal, the regime would simply tax the producers and traffickers and use some of
the proceeds to fund Al-Qaida.
Many agencies worldwide are working to eliminate drug trafficking associated
with narco-terrorism. DEA has international operations with 79 offices in 58
countries. DEA is gathering intelligence and training law enforcement personnel in
these countries. Acknowledging that there are links between crime, drugs and
terrorism, the United Nations has created new resolutions (UNSCR 1333 and 1373)
to deal with these issues. New international standards have been created by a
Financial Action Task Force to track the movement of terrorist funds and crack down
on money laundering. The U.S. is working with foreign governments to assist in the
capture and prosecution of drug traffickers and other international criminals. In
2006, 50 FARC leaders were indicted by the U.S. on charges of importing $25 billion
worth of cocaine into the U.S. As recently as January 2008, the U.S. government
with the assistance of the FBI and the Colombian government successfully
prosecuted a senior member of FARC.
Reducing opium production in Afghanistan is a main goal of the U.S., but the
situation is less clear-cut for Afghanistan. President Bush has recommended
spraying the opium fields but Afghanistan President Karzai believes that spraying
would impoverish farmers and push them into joining forces with the Taliban.
Reducing narcotics trafficking and narco-terrorism will be an ongoing battle
that will require joint efforts between governments around the world. It will take the
participation of governments where drugs are produced; the international financial
networks that facilitate money laundering; and decreases both of drugs use and drug
imports into consumer countries such as the U.S. International efforts and
cooperation are needed to battle this complex issue of narco-terrorism.
References:
Casteel, S. (2003, May 20). Narco-Terrorism: International Drug Trafficking and
Terrorism – A Dangerous Mix. Retrieved March 15, 2008, from U. S. Drug
Enforcement Administration Web site:
http://www.usdoj.gov/dea/pubs/cngrtest/ct052003p.html
Dolan, C. (2005, July). United States Narco-Terrorism Policy: A Contingency
Approach to the Convergence of the Wars on Drugs and Against Terrorism.
Review of Policy Research, 22(4), 451-471. Retrieved March 15, 2008.
Holbrooke, R. (2008, January 23). Still Wrong in Afghanistan. The Washington Post,
p. A.19. Retrieved March 15, 2008, from ProQuest National Newspapers
Core database. (Document ID: 1416878461).
Hutchinson, A. (2002, April 2). Narco-Terror: The International Connection Between
Drugs and Terror. Retrieved March 15, 2008, from U. S. Drug Enforcement
Administration Web site: http://www.usdoj.gov/dea/speeches/s040202.html
Jackson, D. (2008, March 10). The FARC’s Guardian Angel. The Washington Post,
p. A.15. Retrieved March 15, 2008, from ProQuest National Newspapers
Core database. (Document ID: 1442810611).
Kaplan, D., Fang, B., & Sangwan, S. (2005, December 5). Paying for Terror.
U.S. News & World Report, 139(21), 40-54. Retrieved March 16, 2008, from
Academic Search Premier database.
Perine, K., Jalonick, M., & Schuler, K. (2003, August 9). Bill Covers ‘NarcoTerrorism’. CQ Weekly, 61(32), 2039-2039. Retrieved March 15, 2008, from
Academic Search Premier database.
Sauter, M. & Carafano, J. (2005). Homeland Security: A complete Guide to
Understanding, Preventing, and Surviving Terrorism. (pp. 110-112). New
York: McGraw-Hill.
Shannon, E. (2002, November 25). The New War on Heroin. Time, 160(22), 23.
Retrieved March 15, 2008, from Academic Search Premier database.
Tandy, K. (2004, February 12). United States Policy towards Narco-terrorism in
Afghanistan. Retrieved March 17, 2008, from U. S. Drug Enforcement
Administration Web site:
http://www.usdoj.gov/dea/pubs/cngrtest/ct021204.htm
Walt, V. (2007, June, 27). Cocaine Country. Time, Retrieved March 15, 2008, from
http://www.time.com/time/printout/0,8816,1637719,00.html
(2008, January 28). Senior Member of FARC Narco-Terrorist Organization
Sentenced. Retrieved March 15, 2008, from Federal Bureau of Investigation
Web site: http://washingtondc.fbi.gov/dojpressrel/pressrel08/wfo012808.htm
(2006, March 22). US Charges 50 Leaders of Narco-Terrorist FARC in Colombia.
Retrieved March 15, 2008, from Federal Bureau of Investigation Web site:
http://newyork.fbi.gov/dojpressrel/pressrel06/ny032206.htm
(2005, March). International Narcotics Control Strategy Report. Retrieved March 15,
2008, from US Department of State Web site:
http://www.state.gov/p/inl/rls/nrcrpt/2005/vol2/html/42380.htm
NOTE +++IF YOUR TEXT DOES NOT HAVE END OF CHAPTER QUESTIONS,
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IMPORTANT NOTES:
NO ATTACHMENTS, PLEASE COPY AND PASTE THE WORK ONLY!
IF YOUR CLASS HAS A DROPBOX THAT IS THE MAIN AREA TO SUBMIT THE
EXAM, IF WE HAVE AN IN CLASS EMAIL PLEASE USE THAT BUT DROPBOX
IS THE MAIN SUBMISSION. Emailed papers to my private email will not count. NO
ATTACHMENTS, please copy and paste all work. If I cannot open it I will not
GRADE IT. I will not accept ANY late work.
PLEASE SUBMIT THE EXAM VIA EMAIL TO ME at the course email. Please paste
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HERE ARE SOME EXCELLENT SAMPLE EXAM RESPONSES:
YOU MUST COMPLETE ALL 6 QUESTIONS, NOT ONLY 1
SAMPLE RESPONSE 1
In Chapter 7, I would like to go over the 2nd question on page 377. Abrams asks
us if were to represent Reid, would we have been willing to sign the requested
affirmation as talked about in the case. Personally I would not have signed the
affirmation either. Under the Special Administration Measures, (SAMs) ass it applies to
this case would have made it possible for the Co-council or the other lawyers and
attorneys to speak with Reid without Reid’s attorneys being present. Why would you as
Reid’s defense allow this to happen willingly?
This break in communication due to the SAMs between client and Attorney goes
against the 6th Amendments right to council in a criminal case. So I believe they made the
right choice by not signing and I would have done the same. To not allow Reid to consult
with his attorneys truly is a violation on the proper way we perform defense for council.
The attorneys are subordinate to the laws of the court in every aspect and must abide by
them. They cannot begin to utilize procedure twisting it to compliment their agenda.
In chapter 8, Abrams asks the reader what the implications were to Judge Robertson’s
conclusion on the issue of defendant’s access to classified information as affirmed in the
Court of Appeals or the Supreme Court. Basically Judge Robertson concluded that
excluding the defendant from a hearing room when classified information or evidence
that is being presented is a major flaw for the military commission because the defendant
would not be informed of that information properly. The mere fact that Detailed Defense
Council who did have security clearances that were eligible to be present and hear the
information would not be enough to protect the defendant’s rights. Ultimately the
government has a choice to make. If the Preceding military judge determines that
alternatives may not be used and the government objects to disclosure of information,
then by that time the conflict created by the need of the government to protect classified
information and the defendant’s right to be present has no resolve. The only options left
are to strike the testimony of a witness or declare a mistrial. If the evidence has no
revalance or meaning to the defense then the charges must be dismissed. I honestly
believe that this is a fair and honest approach to such a dilemma.
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
SAMPLE RESPONSE 2
In the second edition of Anti-Terrorism and Criminal Enforcement, intelligence Reform
and Terrorism Prevention Act, begins in Chapter 2. Chapter 1 mainly focuses on the
introductory of this book. Also he gives us so it gives us significant places and examples
that are found in the book. Chapter 1 includes that the main emphasis is placed on this
book is to tell us about domestic laws in the United States.
We examine legal definitions laws and bylaws that have made terrorism laws what it
is today. Identify with the USA Patriot Act, it examines the different languages, it also
shows us the world after 9/11. Chapter 1 is divided into parts, Introduction, Overview,
introduction gives us US war on terrorism and I how it came about, and all those who are
involved, overview shows us just how America is going about fighting this new war.
In this book as Chapter one indicates we will examine the legal category of terrorism’s
and the definition of terrorism, terrorist, and related terms and phrases. Foreign policies
that will interpret just what happens in other countries because a terrorist. Also it will
discuss what American agents rules are in foreign countries, and also this book will focus
on the Pentagon, Congress, Commander-in-Chief of United States in their roles in this
war.
Intelligence Reform and Terrorism Prevention Act added a new section 222 (5301) to
the Immigration and Nationality Act. The Intelligence Reform and Terrorism Prevention
Act sets out detailed statutory requirements for persons interviewing for visa application
for the first time. This new provision is interpreting advisory with respect to foreign
diplomats and officials. In other words the department’s regulations permitting
exemptions from interviews for certain diplomats and officials remain in effect. This act
is mainly centered on keeping terror style of his country
Section 5301 also under this particular act a person must be an interview if they are
between the ages of 14 and 79 unless they are eligible for a waiver. Also under 5301
section 222 give the Secretary of State waive their rights. In the signing statement
President George W. Bush made it clear that his administration would treat 5301 as
advisory.
Therefore the department regulations permitting exemptions from interviews for
persons in certain categories and classifications. This act does not give one person
authority to make decisions on their own. President Bush indicated that this would be
and advisory. The classifications that are exempt from interviews under 5301 section 222
are as followed: A-1, A-2, C-2, C-3 and so on. My understanding is that section 222 is
just advisory, to give diplomatic people special privileges. I don’t see where it affects the
war on terrorism; it looks like bureaucracy, someone trying. President Bush signed a bill
that is very iffy; it has no control over the outcome of the war on terrorism. If we are to
win this war we must put forth a better effort, wasting vital energy and time doing
nothing. 9/11 triggered the US attack on terrorism, it started several decades ago, but it is
now on the move. Following the attack on the Pentagon the twin Towers in New York
the war on terrorism took a new turn. I believe that Congress, United States government,
Commander-in-Chief Bush must share the power to reach a common goal, that goal is
destroying terrorism domestic a worldwide.
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
SAMPLE RESPONSE 3
On the 25th day of November 2002 President Bush signed into law Homeland Security
Act, which established a new Department of Homeland Security. Initially it looked as
though the department created by new legislation would easily make the Congress; it was
a political fight to the end. The Senate fought from July to November 2002 to exempt the
new employees from federal protection. Homeland Security Act altogether had 170,000
employees and a budget 30 billion dollars.
In addition to adding the Coast Guard, and Secret Service, it also added federal
immigrations bureaucracy and transferred it into the new Department. After 9/11 many
in Congress criticized the Immigration and Naturalization Services for allowing the
hijackers to enter the country and use the planes to attack the twin Towers.
After the birth of Homeland Security Act there came several more, legislation to help
improve our safety. America began increasing in its border protection, developed plans
to help patrol and improve patrolling Mexico- US borders. It also tightened patrol
between Canada-US borders. On March 1, 2003 the Department of Homeland Security
through the Directorate of Boarder and Transportation Security, took responsibility for
securing our nation’s borders and transportation system, which straddle 350 official ports
of entry and connect our homeland to the rest of the world.
On December 17, 2004, President Bush signed into effect a 600 page Intelligence
Reform and Terrorism prevention Act which had passed overwhelmingly by Congress
and the House. This legislation was introduced into Congress in response to a report
from the National Commission on Terrorist Attacks on the United States during 9/11.
The recommendation by this committee have 41 parts, each to create a national
intelligence director to oversee the government is 15 intelligence agencies. This
legislation stalled and there are many concerns about this portion of the National
Commission on Terrorist Attacks. Especially the one where they wanted one person to
be over the whole intelligence field.
Judge Posner criticize the idea of a national intelligence czar mainly on the ground
that it would not solve the problems of our intelligence apparatus, but he omitted one
possible big concern about the creation of this new position. In August before the IRTPA
was passed, Judge Richard Posner of the United States Court of Appeals for the Seventh
Circuit commented on the 9/11 Commission’s Report and recommendations and specific
criticism the commission’s recommendation to centralize authority over federal
governments multiple intelligence operation in a single person. Judge Posner expressed
his views that the absence of a single head of intelligence was not the reason that
information was a put together. Judge Posner argued that the reason why the information
relating to the terrorist 9/11 plans were not together, because all the dots are not
connected.
Judge Posner indicated that centralization would probably extend the time it takes for
intelligence analysts to reach the president, reduce the diversity and help competition in
assembling and analyzing intelligence information and deprive the president of
alternative interpretations of ambiguous and incomplete data. The seventh circuit court
judge also predicted conflict between the new national head of intelligence at the cabinet
officials concerned with intelligence. Judge Posner realize that this new head would be
in major conflict with, the United States Attorney General, United States Secretary of
Defense, the chairman of the Joint Chiefs of Staff’s, and Homeland Security, and the
National Security Adviser. Judge Posner had a very legitimate criticism, of putting so
one else over this new office. In my view I believe it would cause major conflicts,
intelligence would be compromise is and on national security would be threatened.
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
SAMPLE RESPONSE 4
Question 7 Page 380
Yes I would proceed. But I would review all the conditions of 501.3 to ensure my
client’s status as defined is correct. First, I would review the evidence that categorize my
client as a substantial risk and how his communication or contact with others could result
in death or serious bodily injury to others. I would review the procedures for monitoring
and stated in 501.3 “to the extent determined to be reasonable necessary for the purpose
of deterring future acts of violence or terrorism”. This is very important in that excessive
monitoring if not justified could destroy attorney-client privilege. I would review any
special restrictions to insure they are necessary and require justifications. Lastly, insure
that the 501.3 conditions will allow a fair trail for my client. The protections of the Sixth
and Fourth Amendments must be insured to a level that would provide a fair trail. All
these conditions must be review before I would proceed.
Question 2 Page 436
As a result of Supreme Court decisions in June 2004 (Hamdan v. Rumsfeld), the U.S.
Government on July 7, 2004, established the Combatant Status Review Tribunal (CSRT)
process at U.S. Naval Base Guantanamo Bay, Cuba. The CSRT process supplements the
Department of Defense’s already existing screening procedures and provides an
opportunity for detainees to contest their designation as enemy combatants, and thereby
the basis for their detention. This decision is consistent with the Supreme Court guidance
applicable to situations involving U.S. citizens. The Supreme Court has held that the
habeas review traditionally allowed in the context of military tribunals does not determine the
guilt or innocence of the defendant, nor does it examine the adequacy of the evidence. The
implications are clear that detainees are allowed to some extent of due process and this can
directly affect how detainees are processed, and how long detainees are detained with habeas
corpus.
Question 2 Page 511
The issue of security clearance for council is not a bad idea and has been used United
State v. Smith, 899 F.2d 564 (6th Cir. 1990). The problem is that the Justice Department
becomes both the judge and the jury. The same department that is determining if council
is acceptable for security clearance is the department that is building the case against the
defendant. The answer to this is simple. An independent committee, contractor, or
agency should have the ability to check security clearances for legal council. The Justice
Department doe not have to perform the security checks. A private contractor or an
agency not associated with the Justice Department can perform these security clearances
without comprising national security. This will allow fair and impartial review of legal
council for security clearances and insure that there is not even an appearance of conflict
of interest in the process. This would protect a client’s right to council as stated in the
Sixth Amendment. Every effort should be made to protect national security, but also
allow a fair and impartial trial for a defendant.
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
SAMPLE RESPONSE 5
Question 2-1
Two parties which are involved in an arbitration, “in which an arbitrator (a neutral third
party or panel of experts) hears a dispute and renders a decision,” can decide if this
decision will be legally binding or nonbinding (Clarkson, Miller, Jentz, & Cross, 2006,
p.43). These two parties give the arbitrator the agreed upon power. If they agree upon a
legally binding contract, then the arbitrator’s decision will be final. The book states that
“usually, the parties in arbitration agree that the third party’s decision will be legally
binding” (Clarkson, Miller, Jentz, & Cross, 2006, p.43). As a result, a party cannot
complain if the decision is not in its favor because both parties have given the arbitrator’s
decision “the force of law and [this decision is] binding on the parties involved”
(Clarkson, Miller, Jentz, & Cross, 2006, p.49).
The book also states that “in some respects, formal arbitration resembles a trial” and the
arbitrator’s decision is called an award (Clarkson, Miller, Jentz, & Cross, 2006, p.43). In
such a formal arbitration, “the parties may appeal an arbitrator’s decision” (Clarkson,
Miller, Jentz, & Cross, 2006, p.43). However, the book clearly states that such an “award,
will be set aside only if the arbitrator’s conduct of ‘bad faith’ substantially prejudiced the
rights of one of the parties, or if the arbitrator exceeded her or his powers” (Clarkson,
Miller, Jentz, & Cross, 2006, p.43). Thus such an appeal is seldom successful.
I think everyone who agrees to a legally binding decision will know that once the
decision is made, it is final. Therefore, it is important that the two parties write the
agreement, whether it is legally binding or nonbinding, on paper so that none of them can
try to reverse the agreement by saying it was different.
Reference
Clarkson, K. W., Miller R.L., Jentz, G. A., & Cross, F. B. (2006). West’s Business Law
Text and Cases: Legal, Ethical, International, and E-Commerce Environment (10th ed.).
Mason, Ohio: Thomson.
Question 3-5
In my opinion, federal law, which “prohibits discrimination against an otherwise
qualified person with a disability when that person could be accommodated without too
much difficulty,” should not apply to the jury selection process (Clarkson, Miller, Jentz,
& Cross, 2006, p.74). I think parties should not be prohibited during voir dire to exclude
blind persons from serving as jurors, because these blind persons will not be able to see
important evidence, which will be used to reach a verdict. No matter how many or how
difficult accommodations will be made for a blind person, he or she will still not be able
to see any evidence or non verbal language, such as facial expressions. Therefore, there
are no “reasonable accommodations” that can be made to allow a blind person to serve as
a juror (Clarkson, Miller, Jentz, & Cross, 2006, p.74). This leads to the conclusion that
the exclusion of people with physical or mental disabilities, such as blind people, is not
discriminatory, because these people are not qualified to be jurors. Hence, even if federal
law would apply to the jury selection process, the exclusion of blind people would not
violate it.
It would be something different if a party challenges a juror “for cause – that is, provide a
reason why an individual should not be sworn in as juror,” such as for discriminatory
challenges based on racial criteria or gender (Clarkson, Miller, Jentz, & Cross, 2006,
p.64). This is forbidden because it is truly discriminatory. It would be the same for
peremptory challenges. However, it would be more difficult to prove that these
challenges are discriminatory because a party does not have to provide “any reason for
excluding” prospective jurors (Clarkson, Miller, Jentz, & Cross, 2006, p.64).
If I would be a blind person, I would not even want to be a juror, because I know that the
disability to see will hinder me to reach a fair decision. As a result, I would ask the judge
to be excused. I think that many people feel the same way and do not want to be a reason
for an unfair verdict.
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
SAMPLE 6 RESPONSE
PLEASE SELECT 1 (ONE) END OF CHAPTER QUESTION FROM CHAPTER 7. RESPOND TO
THE QUESTION IN DEPTH. Choose a question that you did not choose throughout the
term for the discussion Board questions. Apply them to your real life experiences, society
or how you may act in that case. Please go in depth with responses.
Case 7-5
I feel Baldwin would be in the class of persons protected by the regulation. And I
also feel GTE South, Inc. placement of the telephone booth constitutes
negligence per se. Baldwin will be able to “prove that (1) the statute clearly sets
out what standard of conduct is expected, when and where it is expected, and of
whom it is expected; (2) that he or she is in the class of intended to be protected
by the statute; and (3) that the statute was designed to prevent they type of injury
that he or she suffered.” (Clarkson, Miller Jentz, & Cross p. 148) GTE’s
negligence per se occurred because it violated a safety regulation “set forth by
the North Carolina Department of Transportation about placement of telephone
booths within public rights-of-way.” (Clarkson, Miller, Jentz, & Cross p. 151)
“Despite this regulation GTE South placed a booth in the right-of-way near the
intersection of Hillsborough and Sparger Roads in Durham County.” (Clarkson,
Miller, Jentz, & Cross p. 151) The Department of Transportation gets a
tremendous amount of information on accidents and where they are more likely
to occur and I feel this was one of the reasons they instituted the regulation not to
place telephone booths within public rights-of-way. “The accident occurred in
1988 on Hillsborough Road in Durham. The phone booth the caller was using
was 25 feet from the edge of road – well within the 50-feet right-of-way required
by the Department of Transportation.” (Lawyers Weekly, 1994) GTE South tried
to argue that Baldwin was not in the protected class so the suit should not
proceed but the Supreme Court felt differently. “By expressly prohibiting phone
booths in highway rights-of-way, the regulation impliedly protected pedestrians,
Justice Whichard said.” (Lawyers Weekly, 1994)
“The DOT’s concerns in enacting this regulation, however, necessarily included
more than the safety of motorists because the regulation controls the placement
of phone booths within rights-of-way which often encompass more than the area
occupied by the road used by motorists. Logic dictates that the purpose of this
regulation was to protect the safety of the motorist who might leave the road and
strike the booth while simultaneously protecting the pedestrian who might be
using the booth.” (Lawyers Weekly, 1994)
References
Moscowitz, J., Tedlie, E., Elissa S. & Acree, M. (2008). Positive affect uniquely predicts
lower risk of mortality in people with diabetes. Health Psychology, 27(1, Suppl),
S73-S82.
Nunner-Winkler, G. (2007). Development of Moral Motivation from Childhood to Early
Adulthood. Journal of Moral Education, 36(4), 399-414.
Newsom, J. & Mahan, T.L. (2008). Stable negative social exchanges and health. Health
Psychology, 27(1), 78-86.
O’Brien, G. (n.d.). What are the principles of adult learning? Retrieved January
21, 2007, from http://southernhealth.org.au/cpme/articles/adult_learning.htm
Santesso, D. & Segalowitz, S. (2008). Developmental differences in error-related
ERPs in middle- to late-adolescent males. Developmental Psychology, 44(1), 205217.
Weingart, L. & Brett, J. (2007). Conflicting social motives in negotiating groups.
Journal of Personality and Social Psychology, 93(6), 994-1010.
Wilson, D.K. (2008). Commentary for Health Psychology special issue: Theoretical
advances in diet and physical activity interventions. Health Psychology, 27(1, Suppl), S1S2.
Business Law and the Legal
Environment, 9e
Chapter 4: Common Law,
Statutory Law, and
Administrative Law
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be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Why Does FOIA Matter to Me?
You participate in Black Lives Matter protests and have begun studying the
issues raised about police officers. Your local protest group believes the budget
of the local police department should be made public as well as their training
manuals used to prepare recruits for the job. You and the group want this
information to help assess the effectiveness of the police department.
What law enables you to obtain information from the government about a
subject of interest via a written request?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Learning Objectives
1. Explain the creation of administrative agencies
2. Describe the powers held by administrative agencies
3. Describe the process and procedures that must be followed by
administrative agencies in carrying out their tasks
4. Explain judicial deference to an agency’s decision
5. List ways government agencies can be held publicly accountable
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Common Law
Stare Decisis
• “Let the decision stand”
Bystander Cases
• You have no duty to assist someone in peril unless you created the danger
• Special exemptions when there is a special relationship (such as between
therapist and patient)
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (1 of 4)
Tarasoff v. Regents of the University of California
1. Did Dr. Moore have a duty to Tatiana Tarasoff, and did he breach that duty?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Statutory Law (1 of 2)
Bill → Law
Approved
by House
Approved
by Senate
President
Signs
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Statutory Law (2 of 2)
Example: 1963 proposed legislation guaranteeing equal rights
1. Bill to House Judiciary Committee → hears testimony on the treatment of
African-Americans → Committee approves the bill and sent it to the full
House
2. Bill debated on the House floor → House decides to modify some of the
language and the Bill passes on House floor
3. Bill transferred to the Senate, where it is debated → Senate decides to add
a new subsection and the Bill passes on the Senate floor.
4. Because of the amendments, the House-Senate Conference Committee
reaches a compromise on the language. → Bill sent back to each House
and Senate for a new vote.
5. Bill again debated in each and eventually passes in each.
6. Bill goes to President who signs it.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Statutory Interpretation
Plain meaning rule
Legislative history and intent
Public policy
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (2 of 4)
Griggs v. Duke Power Co.
1. Did Title VII of the 1964 Civil Rights Act require that employment tests be job
related?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Statutory Considerations
Changing Times
The Role of Voters
Congressional Overrides
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Agency Creation
• Enabling legislation from Congress → name, purpose, function, and powers
of agency being created
• Types of agencies: Executive agencies and Independent Regulatory
Agencies
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check
The Occupational Safety and Health Administration is a sub agency within the
U.S. Department of Labor. The Secretary of Labor is appointed by the
president and can be removed by the president at any time. OSHA is:
1. An executive agency
2. An independent regulatory agency
3. A constitutional agency
4. A structural agency
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check
The Occupational Safety and Health Administration is a sub agency within the
U.S. Department of Labor. The Secretary of Labor is appointed by the
president and can be removed by the president at any time. OSHA is:
1. An executive agency
2.
3.
4.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Agency Powers
Rulemaking
• Legislative vs. Interpretive
• Formal vs. Informal
Investigation
• Subpoenas
• Search and Seizure
• Adjudication
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (3 of 4)
United States v. Biswell
1. Did the agent’s warrantless search violate the Constitution?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Limits on Agency Power
Political Control
Statutory
Control
Judicial Review
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Standards of Judicial Review
Facts → Court’s will generally defer to an Agency’s fact finding. As long as
there is substantial evidence, the fact decision will be respected.
Law → Court often defer to an Agency’s interpretation of law. If the Agency’s
decision was reasonable, it will be binding even if the Court might not have
made the same analysis.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Public Accountability
Freedom of
Information Act
(FOIA)
Privacy Act
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (4 of 4)
American Civil Liberties Union v. United States Department of Justice
1. Does FOIA require the disclosure of CIA records on drone strikes?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Business Law and Legal
Environment, 9e
Chapter 3: International Law
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not
be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Why Does International Law Matter to Me?
A song you wrote has gone viral on social media. Your band copyrighted the
song and started selling it via iTunes. You learned that someone in Spain is
also selling downloads of your song without your permission. You want to make
a claim under the Berne Convention.
How are agreements like the Berne Convention adopted and made into
law?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Learning Objectives
1. List the sources of international law
2. Compare various international principles and doctrines
3. Describe various ways in which domestic firms can engage in international
business
4. Explain how international disputes are settled
5. Describe when U.S. laws can apply internationally
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Sources of International Law
INTERNATIONAL CUSTOMS
TREATIES
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
General Principles of Law
Comity
Act of State Doctrine
Sovereign Immunity
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Think Pair Share
Consider the following:
Marcel worked for the French government and was living in the United States.
While here, Marcel engaged in the price fixing of various French consumer
goods, stole trade secrets, and entered into contracts with U.S. suppliers which
he breached.
Do any of the international principles and doctrines protect Marcel from
liability?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Actors in International Law
1. States
2. Regional Alliances
Ex: The European Union
Ex: Regional Trade Agreements (NAFTA and USMCA)
3. International Organizations and Dispute Resolution
Ex: The United Nations
Ex: The International Court of Justice
Ex: The World Trade Organization
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (1 of 5)
Google LLC v. Commission Nationale de I’Informatique et des Libertes
1. Does EU law require that the RTBF apply globally?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (2 of 5)
Budha Ismail Jam v. International Finance Corporation
1. Should international organizations be treated like foreign governments? Do
these organizations have absolute or limited immunity?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
The World’s Legal Traditions
Common Law
Civil Law
Courts independently develop
the rules governing certain
areas of law not covered by
statutes.
Primary source of law is a
statutory code. Courts interpret
the code and apply the rules to
individual cases.
Example:
Example:
United States
United Kingdom
Religious Law
National judicial systems codify
and follow religious principles.
Example:
Saudi Arabia
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (3 of 5)
Saudi Basic Industries Corporation v. Mobil Yanbu Petrochemical
Company, Inc. and Exxon Chemical Arabia, Inc.
1. Did the U.S. court err in its application of shari’a law?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Domestic Laws Applied Abroad
1. Extraterritoriality
2. Foreign Laws and Judgments in the United States
– Application of foreign laws in U.S. Courts
– Recognition and enforcement of foreign judgments
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (4 of 5)
Kiobel v. Royal Dutch Petroleum Co.
1. Does U.S. law extend to violations of customary international law occurring
entirely outside the United States?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (5 of 5)
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.
1. Must a U.S. court accept a foreign government’s interpretation of its own
laws?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Think Pair Share Activity
A U.S. based company is owned and operated by women. It is interested in
doing business in a country which is strongly patriarchal and in which most
business is conducted between men. In fact, some businessmen refuse to
negotiate with women entirely. The contract, if executed, would be highly
beneficial for both parties. However, during the course of performance, it
became clear that the foreign party would not complete their end of the bargain
due to certain businessmen being unwilling to work with women.
Are there any claims (outside of potential breach of contract claims) that the
U.S. company could bring?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Contracting Internationally
The sale of goods across boarders
• CISG- applies to contracts for the sale of commercial goods
• No writing requirements
• Buyer can avoid payment in certain situations
• Contracting parties can opt out of the CISG
Best Practices
• Choice of Law
• Choice of Forum
• Choice of Language and Currency
• Arbitration
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check
In an international contract for the performance of certain services between a
company in the U.S. and a company in Pakistan, one of the parties breaches
the agreement. Where could suit be brought if the contract does not have a
forum-selection clause?
1.
2.
3.
4.
Pakistan only
The U.S. only
Pakistan or the U.S.
Neither Pakistan nor the U.S.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check
In an international contract for the performance of certain services between a
company in the U.S. and a company in Pakistan, one of the parties breaches
the agreement. Where could suit be brought if the contract does not have a
forum-selection clause?
1.
2.
3. Pakistan or the U.S.
4.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Business Law and the Legal
Environment, 9e
Chapter 2: Ethics and
Corporate Social
Responsibility
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not
be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Why Does Ethics Matter to Me?
As a manager of twelve employees, you are obligated to
follow a robust ethical code of conduct established by
the corporate office. However, personally you disagree
with some of the rules and have chosen not to follow
them.
When your direct reports see this, what is the likely
outcome?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Learning Objectives
1.
2.
3.
4.
Explain the relationship between law and ethics
Describe various ethical principles and philosophies
Identify sources of ethical issues in business decision making
Explain how business ethics vary based on geographic location across the
world
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Why Study Ethics? (1 of 2)
ETHICS
LAW
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Discussion Activity
What are some of your Life Principles (as defined in the text)?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Why Study Ethics (2 of 2)
Ethics in Business
• Consideration of stakeholders not just shareholders
Why Be Ethical?
• Society as a whole benefits
• People are happier overall
• It provides financial benefits
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Think Pair Share Activity
Alexander, the CEO of Westwind Baby Furnishings, received a report from
one of his quality inspectors about a possible defect in the Baby Sleeptime
Crib Westwind had just started to market. The report said the bed was not
safe for older babies, because there was a chance it would collapse if the
baby climbed up onto the railing. Westwind had manufactured 20,000 Baby
Sleeptime Cribs and would lose a great deal of money if it could not market
the cribs.
Who are all the stakeholders in the decision whether or not to recall the
cribs?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Theories of Ethics (1 of 2)
Utilitarian Ethics
• John Stuart Mill (1806-73)
• A correct decision is one that
maximizes overall happiness
and minimizes overall pain
• Critics:
• Difficult to measure
utility accurately
• Difficult to predict
harm and benefit
accurately
• Not all lives are of
equal value to us
Deontological Ethics
• From the Greek word
“obligation”
• The results are not as
important as the reason for
making the decision
• Kant’s Categorical Imperative
Rawlsian Justice
• John Rawls (1921-2002)
• We are born as life prospects
where luck matters. We
should have a veil of
ignorance and apply the
difference principle.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Theories of Ethics (2 of 2)
Front Page Test
• When faced with a difficult
decision, think about how you
would feel if your actions
went viral.
Moral Universalism
• Certain types of behaviors
are always right or always
wrong, regardless of what
people thing.
Moral Relativism
• A decision may be
acceptable even if it is not in
keeping with one’s own
ethical standards.
• Cultural norms and
practices
• Individual norms and
standards
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Poll Activity
With which ethical philosophy do you most closely align?
1.
2.
3.
4.
5.
6.
Utilitarianism
Deontological
Rawlsian
Front Page
Moral Universalism
Moral Relativism
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Ethics Traps (1 of 2)
MONEY
COMPETITION
OBJECTIVITY
RATIONALIZATION
OF BAD BEHAVIOR
MORAL LICENSING
CONFLICTS OF
INTEREST
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Ethics Traps (2 of 2)
CONFORMITY
FOLLOWING
ORDERS
EUPHEMISMS
& REFRAMING
LOST IN A
CROWD
SHORT TERM
PERSPECTIVE
BLIND SPOTS
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Discussion Activity
Which ethics trap do you think you are most likely to fall into and why?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Reacting to Unethical Behavior
Loyalty
Exit
Voice
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Applying the Principles
• Personal Ethics in the Workplace
• Organization’s Responsibility to Society, Employees, Customers, &
Overseas Workers
• Corporate Social Responsibility
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Discussion Activity
Corporate Officers and Directors for a large company are aware that the
company is producing harmful discharges into a waterway, in violation of
environmental laws. They have calculated that paying the maximum daily fine
for the violation is more economical that the cost it would take to install
equipment needed to remedy the pollution plus the production downtime and
lost profits.
What are the legal obligations and ethical obligations of these parties?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Business Law and the Legal
Environment, 9e
Chapter 4: Common Law,
Statutory Law, and
Administrative Law
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not
be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Why Does FOIA Matter to Me?
You participate in Black Lives Matter protests and have begun studying the
issues raised about police officers. Your local protest group believes the budget
of the local police department should be made public as well as their training
manuals used to prepare recruits for the job. You and the group want this
information to help assess the effectiveness of the police department.
What law enables you to obtain information from the government about a
subject of interest via a written request?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Learning Objectives
1. Explain the creation of administrative agencies
2. Describe the powers held by administrative agencies
3. Describe the process and procedures that must be followed by
administrative agencies in carrying out their tasks
4. Explain judicial deference to an agency’s decision
5. List ways government agencies can be held publicly accountable
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Common Law
Stare Decisis
• “Let the decision stand”
Bystander Cases
• You have no duty to assist someone in peril unless you created the danger
• Special exemptions when there is a special relationship (such as between
therapist and patient)
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (1 of 4)
Tarasoff v. Regents of the University of California
1. Did Dr. Moore have a duty to Tatiana Tarasoff, and did he breach that duty?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Statutory Law (1 of 2)
Bill → Law
Approved
by House
Approved
by Senate
President
Signs
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Statutory Law (2 of 2)
Example: 1963 proposed legislation guaranteeing equal rights
1. Bill to House Judiciary Committee → hears testimony on the treatment of
African-Americans → Committee approves the bill and sent it to the full
House
2. Bill debated on the House floor → House decides to modify some of the
language and the Bill passes on House floor
3. Bill transferred to the Senate, where it is debated → Senate decides to add
a new subsection and the Bill passes on the Senate floor.
4. Because of the amendments, the House-Senate Conference Committee
reaches a compromise on the language. → Bill sent back to each House
and Senate for a new vote.
5. Bill again debated in each and eventually passes in each.
6. Bill goes to President who signs it.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Statutory Interpretation
Plain meaning rule
Legislative history and intent
Public policy
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (2 of 4)
Griggs v. Duke Power Co.
1. Did Title VII of the 1964 Civil Rights Act require that employment tests be job
related?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Statutory Considerations
Changing Times
The Role of Voters
Congressional Overrides
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Agency Creation
• Enabling legislation from Congress → name, purpose, function, and powers
of agency being created
• Types of agencies: Executive agencies and Independent Regulatory
Agencies
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check
The Occupational Safety and Health Administration is a sub agency within the
U.S. Department of Labor. The Secretary of Labor is appointed by the
president and can be removed by the president at any time. OSHA is:
1. An executive agency
2. An independent regulatory agency
3. A constitutional agency
4. A structural agency
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check
The Occupational Safety and Health Administration is a sub agency within the
U.S. Department of Labor. The Secretary of Labor is appointed by the
president and can be removed by the president at any time. OSHA is:
1. An executive agency
2.
3.
4.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Agency Powers
Rulemaking
• Legislative vs. Interpretive
• Formal vs. Informal
Investigation
• Subpoenas
• Search and Seizure
• Adjudication
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (3 of 4)
United States v. Biswell
1. Did the agent’s warrantless search violate the Constitution?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Limits on Agency Power
Political Control
Statutory
Control
Judicial Review
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Standards of Judicial Review
Facts → Court’s will generally defer to an Agency’s fact finding. As long as
there is substantial evidence, the fact decision will be respected.
Law → Court often defer to an Agency’s interpretation of law. If the Agency’s
decision was reasonable, it will be binding even if the Court might not have
made the same analysis.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Public Accountability
Freedom of
Information Act
(FOIA)
Privacy Act
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (4 of 4)
American Civil Liberties Union v. United States Department of Justice
1. Does FOIA require the disclosure of CIA records on drone strikes?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Business Law and Legal
Environment, 9e
Chapter 3: International Law
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not
be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Why Does International Law Matter to Me?
A song you wrote has gone viral on social media. Your band copyrighted the
song and started selling it via iTunes. You learned that someone in Spain is
also selling downloads of your song without your permission. You want to make
a claim under the Berne Convention.
How are agreements like the Berne Convention adopted and made into
law?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Learning Objectives
1. List the sources of international law
2. Compare various international principles and doctrines
3. Describe various ways in which domestic firms can engage in international
business
4. Explain how international disputes are settled
5. Describe when U.S. laws can apply internationally
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Sources of International Law
INTERNATIONAL CUSTOMS
TREATIES
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
General Principles of Law
Comity
Act of State Doctrine
Sovereign Immunity
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Think Pair Share
Consider the following:
Marcel worked for the French government and was living in the United States.
While here, Marcel engaged in the price fixing of various French consumer
goods, stole trade secrets, and entered into contracts with U.S. suppliers which
he breached.
Do any of the international principles and doctrines protect Marcel from
liability?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Actors in International Law
1. States
2. Regional Alliances
Ex: The European Union
Ex: Regional Trade Agreements (NAFTA and USMCA)
3. International Organizations and Dispute Resolution
Ex: The United Nations
Ex: The International Court of Justice
Ex: The World Trade Organization
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (1 of 5)
Google LLC v. Commission Nationale de I’Informatique et des Libertes
1. Does EU law require that the RTBF apply globally?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (2 of 5)
Budha Ismail Jam v. International Finance Corporation
1. Should international organizations be treated like foreign governments? Do
these organizations have absolute or limited immunity?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
The World’s Legal Traditions
Common Law
Civil Law
Courts independently develop
the rules governing certain
areas of law not covered by
statutes.
Primary source of law is a
statutory code. Courts interpret
the code and apply the rules to
individual cases.
Example:
Example:
United States
United Kingdom
Religious Law
National judicial systems codify
and follow religious principles.
Example:
Saudi Arabia
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (3 of 5)
Saudi Basic Industries Corporation v. Mobil Yanbu Petrochemical
Company, Inc. and Exxon Chemical Arabia, Inc.
1. Did the U.S. court err in its application of shari’a law?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Domestic Laws Applied Abroad
1. Extraterritoriality
2. Foreign Laws and Judgments in the United States
– Application of foreign laws in U.S. Courts
– Recognition and enforcement of foreign judgments
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (4 of 5)
Kiobel v. Royal Dutch Petroleum Co.
1. Does U.S. law extend to violations of customary international law occurring
entirely outside the United States?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Case Study Activity (5 of 5)
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd.
1. Must a U.S. court accept a foreign government’s interpretation of its own
laws?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Think Pair Share Activity
A U.S. based company is owned and operated by women. It is interested in
doing business in a country which is strongly patriarchal and in which most
business is conducted between men. In fact, some businessmen refuse to
negotiate with women entirely. The contract, if executed, would be highly
beneficial for both parties. However, during the course of performance, it
became clear that the foreign party would not complete their end of the bargain
due to certain businessmen being unwilling to work with women.
Are there any claims (outside of potential breach of contract claims) that the
U.S. company could bring?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Contracting Internationally
The sale of goods across boarders
• CISG- applies to contracts for the sale of commercial goods
• No writing requirements
• Buyer can avoid payment in certain situations
• Contracting parties can opt out of the CISG
Best Practices
• Choice of Law
• Choice of Forum
• Choice of Language and Currency
• Arbitration
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check
In an international contract for the performance of certain services between a
company in the U.S. and a company in Pakistan, one of the parties breaches
the agreement. Where could suit be brought if the contract does not have a
forum-selection clause?
1.
2.
3.
4.
Pakistan only
The U.S. only
Pakistan or the U.S.
Neither Pakistan nor the U.S.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Knowledge Check
In an international contract for the performance of certain services between a
company in the U.S. and a company in Pakistan, one of the parties breaches
the agreement. Where could suit be brought if the contract does not have a
forum-selection clause?
1.
2.
3. Pakistan or the U.S.
4.
Beatty, Business Law and the Legal Environment, 9th Edition. © 2021 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Business Law and the Legal
Environment, 9e
Chapter 2: Ethics and
Corporate Social
Responsibility
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not
be scanned, copied or duplicated, or posted to a publicly accessible website, in whole or in part.
Why Does Ethics Matter to Me?
As a manager of twelve employees, you are obligated to
follow a robust ethical code of conduct established by
the corporate office. However, personally you disagree
with some of the rules and have chosen not to follow
them.
When your direct reports see this, what is the likely
outcome?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Learning Objectives
1.
2.
3.
4.
Explain the relationship between law and ethics
Describe various ethical principles and philosophies
Identify sources of ethical issues in business decision making
Explain how business ethics vary based on geographic location across the
world
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Why Study Ethics? (1 of 2)
ETHICS
LAW
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Discussion Activity
What are some of your Life Principles (as defined in the text)?
Beatty, Business Law and the Legal Environment, 9th Edition. © 2022 Cengage. All Rights Reserved. May not be scanned, copied or duplicated, or posted to a
publicly accessible website, in whole or in part.
Why Study Ethics (2 of 2)
Ethics in Business
• Consideration o…