GBL 395 Law, Business, and Public Policy

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GBL 395Law, Business, and Public Policy

• Summer Business Programme
• Cambridge University
• United Kingdom

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Introduction

• Syllabus
• Course Objective
• Calendar
• Other Administrative

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The Nature of Law

• Types and Classifications of Law
• Jurisprudence
• The Functions of Law
• Legal Reasoning

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Types of Law

• Constitutions
• Statutes
• Common Law
• Equity
• Administrative Regulations and Decisions
• Treaties
• Ordinances
• Executive Orders

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Constitutions

• Social compacts with the governed
• Create structure of the government
• Allocate powers among the governmental units such
  as Congress, the President, and the Courts
• Allocate powers among the political units, e.g.,
  the federal government and the States.

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Statutes

• Laws passed by a legislative body such as the
  U.S. Congress or State legislature
• Codified
• United States Code (USC)
• Michigan Compiled Statutes

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Common Law

• Unique to Anglo-American Jurisprudence
• Judge made law not statutory
• Rule of Stare Decisis
• Evolving
• Theoretically state law
• Federal courts use common law in their diversity
  jurisdiction

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Equity

• Developed outside the common law to provide
  relief not otherwise available
• Lord Chancellor administered it hence the name
  Chancery Court or Division
• Operated through a system of maxims
• Now merged with law courts in most jurisdictions
• Relief
• Injunction either positive or prohibitory
• Contracts
• Specific performance
• Reformation or rescission

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Administrative Regulations

• Federal and State governments have created
  administrative agencies by statute to do the work
  of government
• Notice that the U.S. Constitution does not
  mention administrative agencies
• Statutes are a delegation of legislative power to
  the agencies
• Agencies may legislate (promulgate regulations)
  within the scope of the delegated powers

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Administrative Decisions

• Administrative agencies not only have legislative
  authority many have judicial authority
• These judicial decisions have the force and
  effect of law within the scope of the delegated
  authority
• Appeals typically are to the constitutionally
  constituted courts

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Treaties

• Agreements between or among sovereigns
• The treaty power belongs solely to the federal
  government (Art. I, Sec. 10)
• Constitutionally the treaty power is shared
  between the President and the Senate (Art. II,
  Sec. 2)
• The President negotiates a treaty and then
  submits it to the Senate for ratification
• Treaties may be extra-constitutional (Art. VI)

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Ordinances

• Legislative enactments of inferior state
  political subdivisions such as counties,
  townships, cities, towns, and villages

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Executive Orders

• In general, chief executives (president and
  governors) have no legislative power
• A practice of delegation of legislative authority
  has grown up
• Executive orders are made pursuant to a
  constitutional authority or delegated authority

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Hierarchy of Laws

• In case of conflict between different types of
  law, we need a rule or set of rules to determine
  supremacy and resolve the conflict.
• Constitutional rule
• Rules of Statutory Interpretation

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The Supremacy ClauseArticle VI, Clause 2, U.S.
Const.

• The Constitution, and the Laws of the United
  States which shall be made in Pursuance thereof
  and all Treaties made, or which shall be made,
  under the Authority of the United States, shall
  be the supreme Law of the Land and the Judges in
  every State shall be bound thereby, any Thing in
  the Constitution or Laws of any State to the
  Contrary notwithstanding.

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Statutory Interpretation

• Statutes of superior jurisdictions prevail over
  inferior jurisdictions or subdivisions
• Statutes of equal rank Last in time rule
  applies
• Last in time also applies to conflicts between
  treaties and federal statutes dealing with
  domestic matters
• Statutes and administrative acts are superior to
  the common law

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Classifications of Law

• Criminal or Civil
• Substantive or Procedural
• Public or Private

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Positive Law Definition

• A rule
• Posited by a political superior to a political
  inferior
• With sanctions for violation

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Jurisprudence

• Legal Positivism
• Natural Law
• American Legal Realism
• Sociological Jurisprudence

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Legal Reasoning

• Stare decisis Does it mean that the law never
  changes?
• Deductive
• Legal rule is the major premise
• Facts are the minor premise
• All cases may be distinguished on the facts which
  implies that judges have a great deal of
  discretion in deciding cases

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Statutory Interpretation

• Plain meaning
• Legislative history
• General Public Purpose
• Prior interpretations
• Maxims