A New Paradigm for the Teaching of Business Law and Legal Environment Classes.docx

1、A New Paradigm for the Teaching of Business Law and Legal Environment ClassesA New Paradigm for the Teaching of Business Law and Legal Environment ClassesfalseLampe, Marc 按 ESC 键关闭 . Journal of Legal Studies Education23.1 (Winter 2006): 1-51. 选择“Enter”按钮以打开语音浏览器的匹配项突出显示隐藏突出显示 显示来自于其他数据库的重复条目。摘要 (概要)

2、翻译 摘要撤销翻译翻译撤销翻译按 ESC 键关闭 自至 翻译翻译正在进行. missing key: loadingAnimation全文文献可能需要 40 - 60 秒才能完成翻译；较大文档可能会需要更长时间。取消 您已经请求对我们数据库中的选定内容进行实时机器翻译。我们提供此功能的目的仅是为您提供方便，决不是为了取代人工翻译。 显示完整免责声明无论 ProQuest 还是其授权方对此翻译均不作出任何支持或保证。翻译是“根据现状”和“根据可用性”条件自动生成的，并且不在我们的系统中保留。PROQUEST 及其授权人明确拒绝就任何明示或暗示的保证承担责任；这些保证包括但不限于任何对某一特定目的

3、的可用性、准确性、及时性、完整性、非侵权性、可销售性或适当性的保证。您对翻译的使用需遵守您的电子产品许可协议(Electronic Products License Agreement) 中的所有使用限制；并且您对翻译功能的使用，表明您同意放弃任何以及所有对 ProQuest 或其授权方就您对翻译功能的使用以及任何由其生成结果带来损失的索赔。 隐藏完整免责声明 翻译技术由 LEC 提供。翻译技术由 LEC 提供。 全文文献 翻译 全文文献撤销翻译翻译撤销翻译按 ESC 键关闭 自至 翻译翻译正在进行. missing key: loadingAnimation全文文献可能需要 40 - 60

4、秒才能完成翻译；较大文档可能会需要更长时间。取消 开启检索词导航开启检索词导航 跳至第一条匹配项HeadnoteThere is a need to develop curriculum and materials on law-related topics better designed for business students planning a career in business. Except incidentally, business school legal faculty are not teaching future lawyers or paralegals. The

5、 world of the business practitioner is very different from that of the lawyer. For most business people the law and lawyers are a necessary nuisance. Furthermore, the legal world is changing. For example, methods of alternative dispute resolution (ADR) have become mainstream. Opportunities for self-

6、help law have proliferated. These trends, and other opportunities considered in this article, offer substantial benefits to the business community. To meet the needs of todays business person, college business law and legal environment courses must stress economical, intelligent prevention of legal

7、problems and resolution of conflict. This article is about empowering future business managers by utilizing their class time to educate them to more directly meet these goals. Topical coverage and pedagogical approaches for implementing a new paradigm in a business school introductory law course are

8、 detailed. Faculty members should not allow fear of change to deter a needed overhauling of the curriculum, as such procrastination could harm the professions future standing. INTRODUCTION I first taught undergraduate business law twenty years ago and was surprised then at the degree to which textbo

9、ok materials followed a law school approach. Business law texts were heavy on cases and coverage of black letter law. Maybe this surprise was, at least in part, because in addition to having a J.D., I have an M.B.A. and nonlegal business experience. Therefore, in addition to bringing a lawyers persp

10、ective to the curriculum, consideration is given the class from a business persons vantage. It seems as if, both then and now, those individuals responsible for creating business law and legal environment textbooks are thinking like former law students and lawyers.1 They, and those who have followed

11、, seem to mimic what is most familiar and therefore most comfortable rather than creating an approach that would best serve the students.2 This situation may also exist because many in the field have neither educational nor professional backgrounds in business (except, possibly within the context of

12、 legal study or law practice).3 As Morgan assessed the predicament, Our calling is not now nor has it ever been to train our students to become lawyers. . our professional obligation . to serve undergraduate and graduate business students calls for something not provided by our professional training

13、.4 As legal faculty in business schools know, most business students are not going to become paralegals or lawyers. They are preparing for a career as business practitioners. Moreover, most students taking an introductory law class at a business school are not going to be taking the CPA exam. Accoun

14、ting students with that goal should not dictate class coverage for the introductory law course and do not do so in the legal environment format. The law portion of the CPA exam has been shrinking (it is now less than three hours), and it is rumored that, in the future, legal coverage might be abando

15、ned altogether.5 Furthermore, much of the exams legal content is not typically covered in a first business law course anyway. One approach is a separate custom class for pre-CPA exam students. Alternatively, because the new paradigm discussed in this article suggests inclusion of traditional legal t

16、opics found on the CPA exam such as contract, tort, and agency law, details of subjects left out of business school law curriculum, which might be on the exam, can be learned in a CPA examination preparation program. Though some business law and legal environment textbooks have become more user-frie

17、ndly8 (e.g., improved summarization of judicial opinions), a law school-like approach still exists. Today, all of the commercially available textbooks follow the same traditional approach and cover the same topics, with little variation between them, which they did twenty years ago. In her 1997 trea

18、tise, Lawton is critical of using decided cases and legal rules to teach law to business students, describing business law texts as massive compendiums of black letter law.9 Ingulli notes the positivist bent of texts, treating law as a series of black letter rules.10 Moreover, the selected text comm

19、only provides structure and all the materials to be used in the basic law course.1 In my opinion, the current crop of textbooks and the approach business school law faculty take to courses might, at best, be dubbed law school lite. The result is that classes are commonly taught as mini or modified l

20、aw school courses. Again, business school courses have evolved this way because of the educational and professional backgrounds of most textbook authors and faculty members.12 Subject matter typically found in business law and legal environment texts (and therefore course content) may be a particula

21、rly poor fit for future small business people and entrepreneurs.13 One example of just how difficult it is to break out of the case law mold is a textbook for business students on ADR and negotiation. This book can be custom published and is excellent for faculty members serious about teaching ADR i

22、n their business law or legal environment class. The lawyer authors of this text seem compelled to provide numerous case law opinions to make certain points.14 Textbook representatives and editors will acknowledge that publishers do not want to take the risk of deviating too far from what is familia

23、r and comfortable in the market (also known as resistance to change). Notwithstanding their reluctance to deviate from the standard approach, these nonlawyers have frequently given me positive feedback stating that the concept and ideas discussed in this article make good sense. The current approach

24、 to teaching law to business students remains too legalistic. This legal emphasis encompasses both the content of business law courses and the process used to teach these classes (i.e., legal casebook with judicial opinions). This approach is more appropriate for law students, and possibly prelaw st

25、udents and paralegals, but is not the best way to teach the subject to business students. Lawton posits that the current litigation driven model is an anachronism.15 To best serve student needs, the introductory course in law should offer a managerial approach that is realistic and practical for fut

26、ure business practitioners. As Collins points out, business students will be making business decisions, not legal decisions. Thus in business schools students should learn about law in a way that better enhances their abilities as business decision makers.16 Sacasas and Cava believe that traditional

27、 law courses in business schools frequently omit the practical considerations of managing legal implications, not to mention those costly providers of the legal service, lawyers.17 While legal academics may view the intricacies of law and legal process as interesting and challenging, business people

28、 are likely to see them as a necessary nuisance. From real estate to high technology, international business to e-commerce, the business world has become very diverse, with business students entering many different fields. Faculty need to be realistic with respect to preparing a classroom of student

29、s who will face different legal challenges based upon their career choices. As Nation and Melone see it: Once a student becomes a manager at a specific business, the type of legal rules and issues with which that manager needs to be familiar can be specifically defined. Moreover, the people who are

30、likely to understand that set of issues and rules best are the business people and lawyers who work in that industry. Thus, students are likely to get the best exposure to the many legal issues/risks important to their industry on the job.18 Nation and Melone argue for a broad, but brief and general

31、 exposure to various legal topics.19 Instructors should impress upon students that preventive law includes training themselves and employees they supervise in relevant legal aspects of their jobs and industry. Such training will provide specific and timely knowledge not available in a general busine

32、ss school law class. Meanwhile, the new paradigm proposed here will provide students with general knowledge and skills with broad applications across the business world. Dr. Robert Sullivan, former dean of the Kenan-Flagler Business School at the University of North Carolina, has argued that we do a lot of things in business schools today. because that is the only way weve ever done it.20 Dr. Sullivan was recently hired by the University of California-San Diego to develop a new business school. He believes that if business s