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Business Law 101

David Scheinpodcasters.spotify.com
Professor David Schein discusses the legal concepts that all business owners need to know.
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Episodes

Ethics & St. Thomas Aquinas

400 years later, St. Thomas Aquinas also drew on Aristotle’s ideas, arguing that it’s your motive for making a profit in business that matters, ethically speaking. Learn more this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explo...

Jan 22, 20243 minSeason 1Ep. 188

Ethics & St. Augustine

St. Augustine caused 4th century drama in the Catholic church over whether businesses can ethically turn a profit, and served as a vital conduit through which ancient Greek ethical philosophy made its way to our time. Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America ...

Jan 15, 20244 minSeason 1Ep. 187

Kant's Ethics

Immanuel Kant is one of the most famous deontologists in Western philosophy. This week on Business Law 101, I give a concise overview of his ethical teachings. Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running rampant...

Jan 08, 20244 minSeason 1Ep. 186

Overview of Deontology

Deontology is more concerned with the rights and intentions of individuals than with the consequences of their actions. Tune into this week’s Business Law 101 to learn more! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption r...

Jan 01, 20243 minSeason 1Ep. 185

Integrative Social Contracts Theory

A lesser-known consequentialist theory is Integrative Social Contracts Theory, developed by a pair of ethics professors at U Penn in the 90s. Learn more this week on Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style co...

Dec 25, 20234 minSeason 1Ep. 184

Excuses for Non-Performance

There’s a litany of reasons a court will accept for you not holding up your end of a contract. We get into them on episode 183 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running rampant in Washingt...

Dec 18, 20232 minSeason 1Ep. 183

Overview of Utilitarianism

Utilitarianism is about doing the most amount of good for the largest number of people – but it’s all too easy for a utilitarian to devolve into an egotist/ relativist. Tune into episode 182 of Business Law 101 to learn more! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for ...

Dec 11, 20234 minSeason 1Ep. 182

Anticipatory Repudiation

Have you ever chosen not to fulfill your end of a deal because you were pretty sure the other person wouldn’t fulfill theirs? That’s called anticipatory repudiation, and it’s what happed to the store Circuit City. To learn more, tune into episode 181 of Business Law 101. Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fic...

Dec 04, 20234 minSeason 1Ep. 181

Virtue Ethics & Justice Theory

There are also two (comparatively) minor categories of ethical analysis: Virtue Ethics, made famous by ancient Greek philosophers, and the Justice/ Rights theory, created by Harvard philosophy professor John Rawls in the 1960s & 1970s. Learn more on episode 180 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written ...

Nov 27, 20234 minSeason 1Ep. 180

Partial Contract Performance

Not all conditions of a contract necessarily have to be met for payment to be legally required. Learn more about tendering, substantial performance, and installment contracts on episode 179 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) ...

Nov 20, 20234 minSeason 1Ep. 179

Consequentialism vs. Non-Consequentialism

There are two major categories of ethical analysis – Teleogical (or Consequentialism), and Deontological (or Non- Consequentialism). Clear as mud, right? Not to worry – check out episode 178 of Business Law 101 to learn about the difference. Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary book...

Nov 13, 20232 minSeason 1Ep. 178

Performance & Conditions

Understanding the types of conditions imposed by a contract – whether expressly stated or implied – is the bread-and-butter of contract law. Check out episode 177 of Business Law 101 for a quick overview! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explor...

Nov 06, 20234 minSeason 1Ep. 177

SCOTUS rules for landowners in Sackett case

A unanimous SCOTUS decision may finally reign in the EPA after many years of regulatory over-reach. Find out more on episode 176 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running rampant in Washin...

Oct 30, 20234 minSeason 1Ep. 176

How to Look at Ethics

When you’re analyzing the ethics of a business situation, you need to consider not only the individual, but also the impact on the organization and on society. Learn more on episode 175 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) expl...

Oct 23, 20233 minSeason 1Ep. 175

Novation

What happens if you replace someone on an existing contract entirely? That’s called novation. For more on what that means and how it works, tune into episode 174 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style cor...

Oct 16, 20232 minSeason 1Ep. 174

Assignment, Rights, & Obligations

So, what happens if someone does assign you their contractual rights and duties? Well, it depends. Listen in as we get into it on episode 173 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running ramp...

Oct 09, 20232 minSeason 1Ep. 173

Claims for Money

Fun fact: at a certain point, a debt becomes “untimely,” and you can no longer be legally compelled to pay. Find out more on episode 172 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running rampant i...

Oct 02, 20234 minSeason 1Ep. 172

Anti-Assignment Clauses

Sometimes you can put a clause in contract to prevent the other party from assigning their rights and duties. Sometimes, you can’t – it just depends. Tune into episode 171 of Business Law 101 to learn which situations are which! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal f...

Sep 25, 20232 minSeason 1Ep. 171

Assignment & Consent

Though usually not required, in some cases you need consent of all parties in order to assign contract rights. Check out episode 170 of Business Law 101 to learn more about this unusual situation! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the V...

Sep 18, 20233 minSeason 1Ep. 170

The Senate & SCOTUS Ethics

SCOTUS reports the gap in their ethics rules that allowed Clarence Thomas and others to not report certain gifts has been self-resolved. If Congress isn’t prepared to police its own ethics, why should we allow them to create a judicial code of conduct? Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political comm...

Sep 11, 20233 minSeason 1Ep. 169

Overview of Assignment

What does it mean to assign a contract – and how does that even work? Tune into episode 168 of Business Law 101 to find out! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running rampant in Washington DC, while The Declin...

Sep 04, 20233 minSeason 1Ep. 168

Vested Interests & Third Parties

A vested interest is a personal interest, usually for financial gain. That can get complicated for 3rd parties in legal disputes. Get the details on episode 167 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corr...

Aug 28, 20232 minSeason 1Ep. 167

Community Property & Life Insurance

How do community property laws impact life insurance policy benefits? Find out on Episode 166 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running rampant in Washington DC, while The Decline of Ameri...

Aug 21, 20233 minSeason 1Ep. 166

Life Insurance & 3rd Parties

How do 3rd party rights work for the beneficiary on a life insurance policy? Find out in Episode 165 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corruption running rampant in Washington DC, while The Decline o...

Aug 14, 20232 minSeason 1Ep. 165

The SECURE Act 2.0

The U.S. Congress has enacted something that could be a game-changer for employees with student debt and a company savings plan (like a 401(k)). For more on what the SECURE Act 2.0 means for you and your business, check out Business Law 101 episode 164. Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political com...

Aug 07, 20232 minSeason 1Ep. 164

Overview of 3rd Party Rights

Sometimes, you even have rights as a 3rd party when other people have signed a contract – such as being a passenger in a car that is in an accident. For an overview of 3rd party rights, check out episode 163 of Business Law 101! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal f...

Jul 31, 20232 minSeason 1Ep. 163

Staffing Headaches & Joint Employment

As if the tight labor market wasn’t hard enough on businesses, the Department of Labor is cracking down on misclassifying employees as 1099 contractors – even if the workers are hired through a staffing agency. For more on what joint employment means for you, tune into Business Law 101 episode 162! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve ...

Jul 24, 20233 minSeason 1Ep. 162

UCC Exceptions & the Statute of Frauds

And of course, the Uniform Commercial Code has its own exceptions to what needs to be in writing the Statute of Frauds. Check out episode 161 of Business Law 101 for the details! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-style corrupt...

Jul 17, 20234 minSeason 1Ep. 161

Requirements, Exceptions, & the Statute of Frauds

As if it needed to be more complicated, the Statute of Frauds is picky about how you write your contract – and there are some exceptions to it already in common law. Tune into Episode 160 of Business Law 101 to learn more! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for Amer...

Jul 10, 20232 minSeason 1Ep. 160

Goods, Intangibles, & the Statute of Frauds

Contracts for anything intangible – or for goods worth $500+ in Code contracts – must be in writing. Don’t know what that means? No worries – episode 159 of Business Law 101 has you covered! Thanks for joining me for this episode! I’m a Houston- based attorney, run an HR Consulting company called Claremont Management Group, and am a tenured professor at the University of St. Thomas. I’ve also written several non-fiction political commentary books: Bad Deal for America (2022) explores the Vegas-s...

Jul 03, 20232 min
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