Business Law
1) Stare Decisis – Courts can depart from the rule of precedent and change the common law.
For example, providing separate public educational facilities for whites and blacks was once
legal, but the United States Supreme Court overturned this practice. Should judges have the
same authority to overrule a statute? Should they be able to overturn an administrative rule?
Explain.
2) Sources of Law – Under a Massachusetts statute, large wineries could sell their products
through wholesalers or to consumers directly, but not both. Small wineries could use both
methods. Family Winemakers of California filed a suit against the state, arguing that this
restriction gave small wineries a competitive advantage in violation of the U.S. Constitution.
Which source of law takes priority, and why?
3) Business Ethics – Some business ethicists maintain that whereas personal ethics has to do
with right or wrong behavior, business ethics is concerned with appropriate behavior. In other
words, ethical behavior in business has less to do with moral principles than with what
society deems to be appropriate behavior in the business context. Do you agree with this
distinction? Do personal and business ethics ever overlap? Should personal ethics play any
role in business ethical decision-making? What factors help to create an ethical workplace?
