Perfectly Legal, But Wrong
When “perfectly legal” is a lame excuse for doing the wrong thing
Academic Articles
Nike’s “Sweatshops,” Social Activists, and Business Ethics
The U.S. Supreme Court’s First Amendment cases that distinguish between commercial speech and political speech are explained, and the arguments in favor of greater protection for Nike’s statements about its overseas operations are evaluated in light of Donaldson and Dunfee’s integrative social contracts theory. The hypernorm of “necessary social efficiency” is invoked to claim that the arguments made by Nike and various “friends of the court” in favor of greater protection for corporate speech are problematic.
Trustworthy Capitalism: Co-creating a more peaceful planet
Many observers are ready to “give up” on capitalism. There may be hope, depending on how it is structured, monitored, and regulated. Here is a lengthy article from the American Business Law Journal, from 2007, that sketches out how this may be possible.
The 2008 Meltdown: Why the Guilty Wall Street Folks Were Never Punished
https://onlinelibrary.wiley.com/doi/10.1111/ablj.12033
The Precautionary Principle and International Efforts to Ban DDT
The precautionary principle is invoked frequently in both U.S. and international environmental law, but when the United States and Canada began to look a persistent organic pollutants in banning DDT it led to a whole new branch of environment science and law.
Read moreGreed is good. Greed is right. Greed works.
We make the rules, pal. The news, war, peace, famine, upheaval, the price of a paper clip. We pick that rabbit out of a hat while everybody sits around wondering how the hell we did it. Now you’re not naïve enough to think that we’re living in a democracy, are you, Buddy? It’s the free market, and you’re part of it.
— Gordon Gecko, Wall Street
“Clean Hands and the CEO:” Equity as an Antidote for Excessive Compensation
At the top of the corporate pyramid sits the chief executive officer (“CEO”). Along with the board of directors, the CEO is primarily responsible for the success of the company. When companies fail due to a breakdown in governance or financial misconduct, shareholders lose. Other stakeholders lose as well, including competitors, employees, and ultimately the public at large.
Advanced Business Law and the Legal Environment Paperback
https://www.legalbutwrong.net/advanced-business-law-and-the-legal-environment-paperback/Advanced Business Law and the Legal Environment is authored by Jethro K. Lieberman and Don Mayer. First published in 2012, it is available in paperback form on Amazon.
International Business Law
https://www.amazon.com/International-Business-Law-6th-August/dp/0132718979/ref=sr_1_1?s=books&ie=UTF8&qid=1532122781&sr=1-1&keywords=international+business+law+don+mayerInternational Business Law authored by Don and Michael Bixby is now in its sixth edition and is widely used in college undergraduate courses.
Good Business: Exercising Effective and Ethical Leadership
This illuminating and practical collection of essays addresses the increasingly important topics of corporate ethics, social responsibility, and sustainability in the context of effective global business strategies