Title:
The legal and regulatory environment of e-business: law for the converging economy
Personal Author:
Publication Information:
Mason, OH : Thomson/South-Western West , 2003
ISBN:
9780324110791
Added Author:
Available:*
Library | Item Barcode | Call Number | Material Type | Item Category 1 | Status |
---|---|---|---|---|---|
Searching... | 30000004814434 | KF889.3 B33 2003 | Open Access Book | Book | Searching... |
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Summary
Summary
This new hybrid book integrates both e-commerce and traditional legal environment issues, serving as a bridge between the two by covering the legal environment of business and its extensions into e-commerce. The text fulfills the need for greater understanding of the role of law, regulation, and public policy. A major focus is on how existing laws will accommodate the transition and on what issues new perspectives are needed from legislation, regulation, judicial interpretation, private contracting, industry self-regulation and public policy.
Table of Contents
Part I The Legal System | p. 1 |
Chapter 1 Law in Business | p. 5 |
Introduction | p. 5 |
The Legal Environment for Business | p. 7 |
Appendix Using Legal Analysis | p. 17 |
Chapter 2 Ethics and the Legal System | p. 23 |
Relationship Between Law and Ethics | p. 23 |
Business Ethics and Corporate Social Responsibility | p. 25 |
Tasks of a Legal System | p. 32 |
Legal Systems | p. 33 |
Significant Characteristics of the U.S. Legal System | p. 35 |
The State and Federal Judicial Systems | p. 38 |
Jurisdiction | p. 41 |
Chapter 3 Litigation and Alternative Dispute Resolution | p. 47 |
Litigation | p. 47 |
Litigation and Internet Issues | p. 48 |
The Civil Litigation Process | p. 52 |
Alternative Dispute Resolution Methods | p. 63 |
Litigation and ADR | p. 74 |
Chapter 4 Constitutional Law | p. 79 |
The Basis for Constitutional Powers | p. 80 |
Specific Powers of Government | p. 88 |
Constitutional Rights of Business and Individuals | p. 94 |
Chapter 5 International Business Law | p. 113 |
Conducting International Business | p. 113 |
Sources of International Law | p. 115 |
Laws Affecting International Trade | p. 124 |
Laws Affecting International Investments | p. 129 |
International Dispute Resolution | p. 136 |
Chapter 6 Administrative Law | p. 139 |
Introduction | p. 139 |
Administrative Agencies | p. 142 |
Administrative Rule-Making | p. 149 |
Administrative Adjudication | p. 153 |
Informal Administrative Activities | p. 155 |
Judicial Review and Administrative Agencies | p. 157 |
Standards for Judicial Review | p. 158 |
Business Interaction with an Administrative Agency | p. 162 |
Part II Private Law | p. 167 |
Chapter 7 Crimes and Torts | p. 171 |
Criminal Law vs. Civil Law | p. 171 |
Classifying Criminal Law | p. 174 |
Criminal Procedure | p. 176 |
Defenses to Crimes | p. 194 |
Torts | p. 195 |
Intentional Torts | p. 198 |
Quasi-Intentional Torts: Defamation | p. 202 |
Negligence | p. 205 |
Strict Liability | p. 208 |
Tort Reform | p. 209 |
Chapter 8 Product and Service Liability | p. 215 |
Introduction | p. 215 |
Types of Product Liability | p. 215 |
The Origins of Product Liability | p. 216 |
Warranty Liability | p. 219 |
Negligence Liability | p. 225 |
Strict Liability | p. 225 |
Misrepresentation | p. 228 |
The Parties in Product Liability Cases | p. 229 |
Liability of Service Providers | p. 234 |
Defectiveness--A New Approach to Strict Liability? | p. 237 |
Affirmative Defenses | p. 241 |
Product Safety Regulations | p. 242 |
Chapter 9 Agency and Business Organizations | p. 251 |
Introduction | p. 251 |
Agency Relationships | p. 251 |
Principal's Liability in Contract and Tort for Agent's Actions | p. 261 |
Business Organizations | p. 266 |
The Proprietorship, Partnership, and Corporation | p. 267 |
Alternative Forms of Business Organizations | p. 273 |
Part III e-Commerce | p. 279 |
Chapter 10 Introduction to Contracts and Their Formation | p. 283 |
Sources of Commercial Law | p. 283 |
Types of Commercial Contracts | p. 286 |
Analysis of E-Commerce, Using Traditional Contracting Models | p. 287 |
Transactions' Subject Matter Determines What Law Applies | p. 290 |
Concluding an Agreement | p. 293 |
Terms of the Agreement | p. 308 |
Chapter 11 Performances and Payments | p. 319 |
Performances | p. 320 |
Payment Systems | p. 330 |
Chapter 12 Writings and Records, Defenses, Remedies, and Creditors' Rights | p. 361 |
Writings and Signatures, Records and Authentication | p. 361 |
Contract Defenses | p. 372 |
Authority to Negotiate and Conclude Contracts | p. 378 |
Discharge of Obligations, Breach of Contract, and Remedies | p. 381 |
Creditors' Rights and Debtor Protections | p. 389 |
Chapter 13 Technology Transfer: Employment, Service, and Distribution Contracts | p. 399 |
Exhaustibility of Tangible versus Intangible Property | p. 400 |
Employment Contracts | p. 401 |
Licensing | p. 415 |
Leasing | p. 437 |
Computer Services and Development | p. 438 |
Chapter 14 Privacy | p. 441 |
Political and Social Context of Privacy | p. 442 |
What Is Privacy? | p. 443 |
Regulation of Private Data Management | p. 446 |
Development of Fair Information Practice Principles | p. 457 |
Jurisdiction over Privacy Practices | p. 463 |
Constitutional Basis for Privacy Rights | p. 467 |
Privacy in Litigation, Regulation, and Law Enforcement | p. 470 |
Privacy Rights Under State Law | p. 473 |
Electronic Privacy: Computer, Internet, and Telecommunications | p. 477 |
Financial Privacy | p. 484 |
Health Care Privacy | p. 487 |
Employment and Workplace Privacy | p. 488 |
Privacy and Self-Regulation | p. 492 |
Part IV Intellectual Property | p. 495 |
Chapter 15 Copyrights | p. 499 |
Overview of Copyrights | p. 501 |
Copyrightable Subject Matter | p. 503 |
The Bundle of Exclusive Rights | p. 506 |
Digital Millennium Copyright Act (DMCA) | p. 511 |
Moral Rights | p. 516 |
Copyright Procedures | p. 518 |
Copyright Infringement | p. 521 |
Fair Use Defense | p. 528 |
Chapter 16 Trade Secrets and Database Protection | p. 537 |
Nature of Trade Secrets | p. 538 |
Sources of Trade Secret Law | p. 538 |
Subject Matter of Trade Secrets | p. 543 |
Acquisition, Control, and Ownership of Trade Secrets | p. 546 |
Misappropriate | p. 552 |
Defenses to Misappropriation | p. 556 |
Remedies | p. 558 |
Protection of Databases | p. 559 |
Chapter 17 Patents | |
Overview of Patent Law | p. 571 |
Patentability | p. 576 |
The Patenting Process | p. 592 |
Patent Infringement | p. 598 |
Remedies | p. 603 |
Sui Generis Protections | p. 605 |
Chapter 18 Trademarks | p. 611 |
Nature of Trademark as an Intellectual Property Right | p. 612 |
Sources of Trademark Law | p. 613 |
Trademark Subject Matter | p. 615 |
Types of Trademarks | p. 619 |
Spectrum of Distinctiveness | p. 623 |
Functionality | p. 631 |
Acquisition, Registration, and Maintenance of Trademarks | p. 632 |
Trademark Infringement | p. 635 |
Remedies | p. 639 |
International Trademark | p. 640 |
Trademarks and the Internet | p. 641 |
Part V Regulation | |
Chapter 19 Antitrust | p. 653 |
Foundations of the Antitrust Laws | p. 654 |
The Primary Antitrust Laws | p. 656 |
Antitrust Enforcement | p. 658 |
Antitrust Exemptions | p. 662 |
Monopolies | p. 664 |
Mergers | p. 671 |
Horizontal Combinations, Restraints of Trade | p. 677 |
Vertical Restraints of Trade | p. 682 |
Antitrust and Intellectual Property Rights | p. 688 |
Price Discrimination | p. 692 |
Chapter 20 Labor and Employment | p. 697 |
Introduction | p. 697 |
Employment at Will | p. 698 |
Federal Labor Statutes | p. 701 |
The National Labor Relations Board | p. 703 |
Concerted Activities by Unions | p. 705 |
The Labor Negotiation Process | p. 709 |
The Fair Labor Standards Act | p. 712 |
Unemployment Compensation | p. 715 |
Workers' Compensation | p. 715 |
Retirement Income and Pensions | p. 719 |
Occupational Safety and Health Act | p. 721 |
Additional Concerns | p. 725 |
Chapter 21 Equal Employment Opportunities | p. 731 |
Introduction | p. 731 |
Equal Pay Act | p. 732 |
The Civil Rights Act of 1964 | p. 733 |
The Age Discrimination in Employment Act | p. 745 |
Discrimination Against Persons with Disabilities | p. 747 |
Enforcement of the Antidiscrimination Laws | p. 751 |
Chapter 22 Securities Regulations | p. 757 |
The Primary Federal Securities Statutes | p. 758 |
Registration of Securities | p. 760 |
Disclosure | p. 769 |
Insider Trading | p. 773 |
Proxy Solicitations and Tender Offers | p. 788 |
Liabilities Under the Securities Laws | p. 792 |
Chapter 23 Environmental Law | p. 799 |
Introduction | p. 799 |
Major Federal Environmental Statutory Laws | p. 800 |
Air Pollutions | p. 802 |
Water Pollution | p. 806 |
Land Pollution | p. 810 |
Other Federal Environmental Concerns | p. 814 |
State and Local Concerns | p. 817 |
Chapter 24 Internet Regulation | p. 821 |
Conceptual Basis for Business Regulation | p. 822 |
Consumer Protection | p. 828 |
Internet Taxation | p. 840 |
Telecommunications Regulation | p. 847 |
Appendix The U.S. Constitution | p. 855 |
Glossary | p. 867 |
Index | p. 913 |