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The Legal and Regulatory Environment of Business

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Chapter 06 - The Constitution and Regulation of Business CHAPTER 6 THE CONSTITUTION AND REGULATION OF BUSINESS I. LEARNING OBJECTIVES The purpose of this chapter is three-fold. First it introduces the basic concepts of the Constitution and how they create authority for the regulation of the business community. Special emphasis is placed on the role of the Commerce Clause. Second the chapter introduces the student to regulatory issues that are impacted by the Bill of Rights and the Fourteenth Amendment to the Constitution. Special emphasis is placed on the protection from regulation offered to the business community by our basic freedoms. Students should recognize that the very purpose of the Bill of Rights is to hold those freedoms that are considered basic aloft as legal principles to be applied by the judiciary. In this way, the courts, in applying these constitutional protections, protect the minority from the whims of the majority. Third, the chapter provides an introduction to administrative law through an examination of regulatory agencies, their creation, purpose and function. II. REFERENCES The Declaration of Independence and the Constitution of the United States . Georgetown University Press (2003). Aman, A.C., Aman and Mayton’s Handbook on Administrative Law , 2nd Edition. West Publishing (2001). Barendt, E.M., Freedom of Speech . Oxford University Press (2005). Cookson, C., Encyclopedia of Religious Freedom . Routledge (2003). George, R.P., Great Cases in Constitutional Law . Princeton University Press (2000). Hargreaves, R., The First Freedom: A History of Free Speech . Sutton (2002). Hartmann, T., Unequal Protection: The Rise of Corporate Dominance and the Theft of Human Rights . St. Martin’s Press (2002). Labunski, R.E., James Madison and the Struggle for the Bill of Rights . Oxford University Press (2006). Levinson, N., Outspoken: Free Speech Stories . University of California Press (2003). Levy, L.L., Origins of the Bill of Rights . Yale University Press (1999). 6-1
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Chapter 06 - The Constitution and Regulation of Business Meyer, H.N., The Amendment that Refused to Die: Equality and Justice Deferred: The History of the Fourteenth Amendment . Madison Books (2000). Orth, J.V., Due Process of Law: A Brief History . University Press of Kansas (2003). Parpworth, N., Constitutional and Administrative Law . Oxford University Press (2006). Riley, D. and B. Brophy-Baermann, Bureaucracy and the Policy Process: Keeping the Promises . Rowman & Littlefield (2006). Schuck, P., Schuck’s Foundation of Administrative Law , 2 nd Edition. West Publishing (2003). Stillman, R.J., The American Bureaucracy: The Core of Modern Government . Wadsworth/Thompson Learning (2004). Stoner, J.R., Common-Law Liberty: Rethinking American Constitutionalism . University Press of Kansas (2003). Tushnet, M.V., A Court Divided: The Rehnquist Court and the Future of Constitutional Law . W.W. Norton Co. (2005).
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