Legal Environment of Business
Ethical, Regulatory, Global, and Corporate Issues
EIGHTH EDITION
Cross - Miller
Case and Feature List
(As of 9/22/10)
UNIT ONE: THE FOUNDATIONS
Chapter 1
Business and Its Legal Environment
No cases
Shifting Legal Priorities for Business
Sustainability and the Law
Chapter 2
The Court System
Extended Case 2.1 Southern Prestige Industries, Inc. v.
Independence Plating Corp. (2010)
Case 2.2 Oregon v. Legal Services Corp. (2009)—standing to
sue
Case 2.3. Blankenship v. Collier (2010)— on discovery
Insight into Ethics
How the Internet Is Expanding Precedent
Chapter 3
Alternative and Online Dispute Resolution
Case 3.1 NCR Corp. v. Korala Associates, Ltd. (2008)— on
whether copyright infringement claims were beyond the scope
of the arbitration clause
Extended Case 3.2 Lhotka v. Geographic Expeditions, Inc.
(2010)—on whether the arbitration clause was enforceable in
a travel agency’s contract with two clients who were on
agency expedition to Mt. Kilimanjaro, the highest mountain in
Africa.
Insight into Ethics
Implications of an Increasingly Private Justice System
Chapter 4
Ethics and Business Decision Making
Extended Case 4.1 United States v. Skilling (2009)—
unethical—and illegal—conduct
Case 4.2 Kramer v. HSH Nordbank AG (2010)—behavior of
owners and managers
Case 4.3 Fog Cutter Capital Group Inc. v. Securities and
Exchange Commission (2007)—corporate citizenship
Shifting Legal Priorities for Business
Corporate Social Responsibility and ―Outbehaving‖ the
Competition
UNIT TWO: THE PUBLIC AND INTERNATIONAL ENVIRONMENT
Chapter 5
Constitutional Law
Extended Case 5.1 Family Winemakers of California v. Jenkins
(2010)—dormant commerce clause
Case 5.2 Bad Frog Brewery, Inc. v. New York State Liquor
Authority (1998)—commercial speech
Case 5.3 In re Episcopal Church Cases (2009)—on
establishment clause
Insight into Ethics
Is it Illegal to Distribute Virtual Pornography?
Chapter 6
Administrative Law
Extended Case 6.1 Federal Communications Commission v.
Fox (2009)—on Sup. Ct’s decision on regulation of fleeting
expletives.
Case 6.2 Citizens to Save Our Canyons v. Krueger (2008)—on
when the courts will defer to agency interpretation.
Case 6.3 United Technologies Corp. v. United States
Department of Defense (2010)—on whether documents that
reporters had submitted an FOIA request for were exempt.
Insight into Ethics
Should Pharmaceutical Companies Be Allowed to Tweet?
Chapter 7
Criminal Law and Cyber Crime
Extended Case 7.1 People v. Sisuphan (2010)—embezzlement
Case 7.2 Herring v. United States (2009)—on the
exclusionary rule
Case 7.3 Miranda v. Arizona (1966)
Shifting Legal Priorities for Business
Prosecuting White-Collar Crime with the Honest-Services
Fraud Law
Chapter 8
International Law in a Global Economy
Case 8.1 Fuji Photo Film Co. v. International Trade
Commission (2007)—on import controls
Case 8.2 United States v. Inn Foods, Inc. (2009)—tariffs on
goods
Extended Case 8.3 Khulumani v. Barclay National Bank, Ltd.
(2007)—on claims under the Alien Tort Claims Act
Shifting Legal Priorities for Business
The National Export Initiative
UNIT THREE: THE COMMERCIAL ENVIRONMENT
Chapter 9
Contract Formation
Case 9.1: Lucy v. Zehmer (1954)—serious intent
Extended Case 9.2: Alexander v. Lafayette Crime Stoppers,
Inc. (2010)— illustrates the importance of the communication
requirement in contract formation
Case 9.3: Comedy Club, Inc. v. Improv West Associates
(2009)—covenant not to compete
Insight into Ethics
Is It Right for a Company to Change the Prize Offered in a
Contest?
Chapter 10 Contract Performance, Breach, and Remedies
Extended Case 10.1: Jacob & Youngs v. Kent (1921) on how
there is no exact formula for deciding when a contract has
been substantially performed
Case 10.2: Merry Homes, Inc. v. Chi Hung Luu (2010)—on
commercial impracticability
Case 10.3: Drake v. Hance (2009)—on oral contracts and
reformation
Insight into Ethics
When Is Impossibility of Performance a Valid Defense?
Chapter 11 Sales, Leases, and E-Contracts
Case 11.1: Glacial Plains Cooperative. v. Lindgren (2009)— Is
it possible to admit to a contract in court and also assert the
Statute of Frauds as a defense?
Extended Case 11.2 Romero v. Scoggin-Dickey CheveroletBuick, Inc. (2010)—right of inspection
Case 11.3: Webster v. Blue Ship Tea Room, Inc. (1964)—
merchantable food
Shifting Legal Priorities for Business
Fair Trade and Environmental Sustainability
Chapter 12 Torts and Cyber Torts
Case 12.1 Trustees of University of District of Columbia v.
Vossoughi (2009)—conversion
Case 12.2 Palsgraf v. Long Island Railroad Co. (1928)—
foreseeability and proximate cause
Extended Case 12.3 Pfenning v. Lineman (2010)—
Assumption of risk
Special Case Analysis Question based on the Pfenning
case
Insight into Ethics
Some Consequences of Caps on Medical Malpractice Awards
Chapter 13 Strict Liability and Product Liability
Case 13.1 Bullock v. Philip Morris USA, Inc. (2008)—design
defect and cigarettes
Case 13.2 Wyeth v. Levine (2009)—preemption and
inadequate warnings
Extended Case 13.3 Boles v. Sun Ergoline, Inc. (2010)—
assumption of risk
Insight into Ethics
Warning Labels for Video Games
Chapter 14 Intellectual Property and Internet Law
Case 14.1 The Coca-Cola Co. v. The Koke Co. of America
(1920)—trademark protection
Extended Case 14.2 Case KSR International Co. v. Teleflex
Inc. (2007)—trademark infringement
Case 14.3 Maverick Recording Co. v. Harper (2010)—copyright
infringement
Shifting Legal Priorities for Business
The Anti-Counterfeiting Trade Agreement
Chapter 15 Creditor-Debtor Relations and Bankruptcy
Case 15.1 Extended Overseas Private Investment Corp. v. Kim
(2010)—whether a guaranty contract was enforceable
Case 15.2 In re Kuehn (2009)—Can a college keep a transcript
because a student still has tuition debts?
Case 15.3 United Student Aid Funds, Inc. v. Espinosa (2010)—
undue hardship and student loan debt
Insight into Ethics
The Debt that Never Goes Away
Chapter 16 Mortgages and Foreclosures after the Recession
Case 16.1 Bank of New York v. Parnell (2010)—remedies and
liability
Case 16.2 Extended Mitchell v. Valteau (2010)—notice of
Default and Sale
UNIT FOUR: THE BUSINESS ENVIRONMENT
Chapter 17 Sole Proprietorships, Franchises, and Partnerships
Case 17.1 LJL Transportation, Inc. v. Pilot Air Freight Corp.—
(2009) on franchise contract cancellation clause
Extended Case 17.2 Mac’s Shell Service, Inc. v. Shell Oil
Products Co.—(2010) on wrongful termination
Case 17.3 Meinhard v. Salmon (1928 classic)—on duty of
loyalty in partnerships
Insight into Ethics
Information on Potential Earnings Provided by Franchisors
Chapter 18 Limited Liability Companies and Limited
Partnerships
Case 18.1 02 Development, LLC v. 607 South Park, LLC
(2008)—on an LLC’s liability for a preorganization contract
Extended Case 18.2 ORX Resources, Inc. v. MBW Exploration,
LLC (2010)—on piercing the corporate veil in an LLC
Special Case Analysis related to 18.2
Case 18.3 1515 North Wells, LP v. 1513 North Wells, LLC
(2009)—on whether fiduciary duties of partners in LP can be
limited by their agreement
Insight into Ethics
Fiduciary Duties of LLC Managers
Chapter 19 Corporations
Case 19.1 Brown v. W.P. Media, Inc. (2009)—on corporation by
estoppel
Case 19.2 Schultz v. General Electric Healthcare Financial
Services (2010)—on piercing the corporate veil
Case 19.3 Guth v. Loft, Inc. (1939)—on conflict of interest
Shifting Legal Priorities for Business
The Latest Recession Re-ignites the Internet Taxation Debate
UNIT FIVE: THE EMPLOYMENT ENVIRONMENT
Chapter 20 Agency
Case 20.1 Laurel Creek Health Care Center v. Bishop (2010)—
on whether an agency by agreement existed when a man’s wife
signed his hospital admission papers
Extended Case 20.2 Taser International, Inc. v. Ward (2010)—
on agent’s duty of accounting).
Case 20.3 Azur v. Chase Bank, USA, National Association
(2010)—on apparent authority
Chapter 21 Employment Relationships
Case 21.1 Ellis v Bluesky Charter School (2010)— An
employment contract that explicitly stated that the employment
was ―at will‖ also contained provisions relating to the contract’s
renewal under certain circumstances.
Extended Case 21.2 Smith v. Johnson and Johnson (2010)—on
overtime exemptions
Case 21.3 Darst v. Interstate Brands Corp. (2008)—on FMLA
leave and alcoholism
Shifting Legal Priorities for Business
The Online Creation and Modification of Employment Contracts
Chapter 22 Employment Discrimination
Extended Case 22.1 Burlington Northern and Santa Fe Railway
Co. v. White (2006)–on whether Title VII’s ban on retaliation
covers acts that are not job related.
Case 22.2 Mora v. Jackson Memorial Foundation, Inc. (2010)—
on age discrimination
Case 22.3 Rohr v. Salt River Project Agricultural Improvement
and Power District—(2009) on disabilities under the
Amendments to the ADA.
Special Case Analysis Question based on the Burlington
case 22.1
Chapter 23 Immigration and Labor Law
Case 23.1 Trollinger v. Tyson Foods, Inc. (2007)—on possibility
of RICO violations for violating the IRCA (immigration law)
Case 23.2 Local Joint Executive Board of Las Vegas v. NLRB
(2008)—on whether management’s brief interruptions of
unionizing activities was illegal surveillance during a campaign
Case 23.3 NLRB v. Hotel Employees and Restaurant Employees
International Union Local 26, AFL-CIO (2006)—on rights of
employees to engage in concerted activities
UNIT SIX: THE REGULATORY ENVIRONMENT
Chapter 24 Consumer Protection
Case 24.1 Federal Trade Commission v. QT, Inc. (2008)—on
deceptive advertising
Case 24.2 Paduano v. American Honda Motor Company (2009)—
on labeling and packaging laws/federal statutes
Extended Case 24.3 Jerman v. Carlisle (2010)—on Fair Debt
Collection Practices Act
Shifting Legal Priorities for Business
New Health-Care Law Requires Caloric Information
Chapter 25 Environmental Law
Case 25.1 New Jersey v. Environmental Protection Agency
(2008)—on
Extended Case 25.2 United States v. Lucas (2008)—on the
meaning of wetlands
Case 25.3 Entergy Corp. v. Riverkeeper, Inc. (2009)—on the
Clean Water Act
Chapter 26 Real Property and Land-Use Control
Case 26.1 Biglane v. Under The Hill Corp. (2007)—on nuisance
Case 26.2 Scarborough v. Rollins (2010)—on adverse possession
Extended Case 26.3 Kelo v. City of New London, Connecticut
(2005)—on eminent domain
Shifting Legal Priorities for Business
The Law of Building Green—Sustainable Real Estate
Development
Chapter 27 Antitrust and Monopoly
Case 27.1 Clarett v. National Football League (2004)- on
exemptions to antitrust law
Case 27.2 Newcal Industries, Inc. v. Ikon Office Solutions
(2008)- on relevant market
Case 27.3 Weyerhaeuser Co. v. Ross-Simmons Hardwood
Lumber Co. (2007)- on whether predatory bidding was like
predatory pricing
Chapter 28 Antitrust and Restraint of Trade
Case 28.1 American Needle, Inc. v. National Football League
(2010)- on whether an agreement was illegal per se or the court
should apply the rule of reason or illegal
Case 28.2 Extended Case Leegin Creative Leather Products, Inc.
v. PSKS, Inc. (2007)—on Should minimum resale price
maintenance agreements be treated as per se unlawful? (with
SCA question
Case 28.3 Illinois Tool Works, Inc. v. Independent Ink, Inc.
(2006)- on tying arrangements
Case 28.4 Chicago Bridge & Iron Co. v. Federal Trade
Commission (2008)—on horizontal mergers, HHI figures being
challenged
Chapter 29 Investor Protection and Corporate Governance
Case 29.1 SEC v. Texas Gulf Sulphur Co. (1968)—classic case on
interpreting materiality under SEC Rule 10b-5.
Case 29.2 Stoneridge Investment Partners, LLC v. ScientificAtlanta, Inc. (2008)—under SEC 10b-5, regarding could
suppliers and customers who seemingly aided and abetted a
scheme to show inflated sales revenue figures for a publicly
traded company be held liable?
Case 29.3 Stark Trading v. Falconbridge Ltd. (2009-7th Cir.) re
civil sanctions for violating 1934 act, on whether an investor can
sustain a lawsuit against the corporation for a violation of Rule
10b-5 without proof of reliance.
Shifting Legal Priorities for Business
SEC Disclosures and Climate Change