LAW SCHOOL IN HOURS
Management and Legal Principles
1. Management Principles – essential to all rational and fragile human systems - from state to home.
2. Legal Systems – relationship and social order – laws – lawmakers – courts - controls – rights.
3. Legal Rights and Duties – paths to vesting distinct types of rights and duties.
4. Natural Law and Rights – continued role in political, constitutional and legal instruments. State Entities (Countries) – Foundations and Functions
1. What a State Entity Is – International Law – state sovereign rights - external and internal state.
2. Evolution of State Functions – four major historical revolutions or shifts of expectations for states.
3. State’s Legitimate and Exclusive Use of Force and Law - need for controls on vast state power.
Constitutional State - Power – Controls on Power
1. Constitutional Government – state actor powers – delegations of power – controls on power key to rule of law and democratic states.
2. Courts and Controls on the State – Administrative Law – grounds for judicial review of state actions.
3. Common Law – beyond mechanical application of laws – rule of the case – binding precedent.
4. Interpretation of Law – all laws have remedial purpose – rights protections – judicial and not political philosophy of conservative and liberal judges.
State - Private Identity and Rights – Key to Social Contracts, Rule of Law and Democracy
1. Private Identity and Rights – historic battles – key to rule of law, democracy, economies, commerce.
2. Private Rights of Contract and Individual or Collective Action – roots of positive capitalism.
3. Positive Capitalism – people and corporate entities are multi-dimensional.
4. Public and private sectors overlap and are interdependent. Rule of Law – Democracy Types – Dangers Ahead
1. Procedural Democracy and Rights - state creation, governance, applied legislative or judicial power.
2. Liberal Democracy – liberty - diversity - pluralism – free agency - rational government – freedoms.
3. Dangers to Rule of Law and Democracy – unmet needs – authoritarianism – tribalism - lack of trust. Services State – Public and Private Services
1. Services State - duty to use force and law to serve people - public and private services
2. Services - Assembly - Quality – change consumer conditions – centuries old quality definition.
3. Services Required in Functional States – meet core needs and support stability.
4. Services Finance – assembly – transactions - imperfect markets – limited public funds.
5. Service Rights and Duties - claimed rights versus legally enforceable rights. Global Goods and Services Trade
1. Globalization - Trade in Services – freedom of contract commerce - free trade - trade agreements.
2. Specific Agreements - NAFTA – USMCA – CETA (Europe) – CPTPP – GATS Regulatory State –Regulatory Mechanics - Risk Mitigation
1. Regulatory State - duty to use force and law to mitigate risk and serve people.
2. Regulatory State – contract parties make and enforce contracts – regulators make and enforce law.
3. Regulatory Mechanics – Risk Mitigation – risk – prohibitions – standards – compliance – permission - mixed risks systems lead to ineffective and needless regulation – regulation as service. Private Law - Corporations - Business Organizations
1. Corporations – Business Organizations – Partnerships and Joint Ventures
2. Corporate Finance - Securities Law
3. Corporations Act Through Others – shareholders – directors – officers - contract service providers. Private Law – Workplaces – Business Operations
1. Workplace Contracts – business operations - service and goods assembly - distribution.
2. Workplace Law and Regulation
3. Agents – Distributors - Bailments – liability of principals for actions of agents.
4. Franchises – separate businesses operated in accord with systems licensed by a franchisor. Private Law – Contract – Tort – Property
1. Contract Foundations – formation – performance - contract management key to strong relationships.
2. Tort Law - rights and duties without contracts – intentional – non-intentional – what triggers duties.
3. Private Law of Property – personal, real, intellectual property – key commercial and personal rights- owners don’t own things, but have bundles of rights in things.