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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

Performance, Discharge, & the UCC

The UCC and common law also have differences when it comes to performance and discharge of contracts. I get into it 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 corruption running rampant in Washingto...

Jul 29, 20242 minSeason 1Ep. 218

SCOTUS & The Abortion Pill

The abortion pill ruling was a bit of a surprise for the conservative-dominated Supreme Court. Given that it was a technical ruling, the future of mifepristone is far from settled - in spite of the likelihood that this particular case is now over. 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 commentar...

Jul 26, 20242 minSeason 1Ep. 217

Comparative Negligence & the Baltimore Bridge Collision

Between using the “Titanic law” as a legal shield and a potential comparative negligence defense, the courtroom drama side of the Baltimore bridge collision promises to be as entertaining as the human & economic costs are bleak. 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 De...

Jul 24, 20245 minSeason 1Ep. 216

Common Law vs. The UCC

How are the UCC and common law different for contracts? I talk about the differences for consideration, voidability, illegality, form, & 3rd parties, 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 c...

Jul 22, 20243 minSeason 1Ep. 215

The Corporate Transparency Act (w/ tax attorney Scott Dondershine)

The Corporate Transparency Act is a big deal, and it’s effective this year. Tax attorney Scott Dondershine joins me this week to discuss this comprehensive legislation. 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 runnin...

Jul 19, 202415 minSeason 1Ep. 214

The Burden of Proof & Hotel California

Don Henley filed a criminal lawsuit that alleged handwritten lyrics from the Eagles’ hit album Hotel California were stolen, but the trial faced an uphill battle because of the burden of proof required. 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 b...

Jul 17, 20243 minSeason 1Ep. 213

Offer & Acceptance and the UCC

The Uniform Commercial Code and the common law have some crucial differences when it comes to contracts. I get into the particulars of the differences for offer and acceptance, 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) exp...

Jul 13, 20245 minSeason 1Ep. 212

Whole Foods & BLM Attire

The courts recently ruled in favor of Whole foods when they were accused of unfair labor practices for not letting employees wear BLM apparel to work. Learn about it 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 V...

Jul 08, 20242 minSeason 1Ep. 211

Trump's Immunity Ruling

So, Donald Trump was granted immunity by SCOTUS. What does that actually mean? I get into it 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 corruption running rampant in Washington DC, while The Decline...

Jul 04, 20243 min

Fani Willis' Phone Records

What’s the big deal, legally speaking, about Fani Willis’ phone records? I get into it 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 corruption running rampant in Washington DC, while The Decline of Am...

Jul 01, 20243 minSeason 1Ep. 209

Other Ethical Approaches

While less commonly utilized, the 12-step approach, the Blanchard/Peale model, and the Front Page of the Newspaper test are also valuable tools for ethical analysis. 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) exp...

Jun 24, 20243 minSeason 1Ep. 208

Stakeholder Analysis Theory

Stakeholder Analysis is the most popular form of business ethics analysis today. Calling it an ethical theory, however, is critically flawed. Learn why 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 cor...

Jun 17, 20245 minSeason 1Ep. 207

Bribery

You’d think it goes without saying that bribery is not an ethical business practice, but it’s actually a fairly common practice in global business markets. 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 ...

Jun 11, 20243 minSeason 1Ep. 206

The Hammer Approach to Ethics

In the wake of the Vietnam War, the U.S. Defense industry came under fire for questionable ethical decisions. Their response was the “Hammer Approach” to ethics. 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) explore...

Jun 03, 20243 minSeason 1Ep. 205

Opportunity

Remember that old saying – just because you *can* do something, it doesn’t mean you *should*? Big shock, that applies to ethics as well. Learn more about the ethics of being opportunistic, 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 Americ...

May 27, 20242 minSeason 1Ep. 204

Role Stress

The bottom line is that, while holding a certain position at a company may serve to incentivize unethical behavior, you are still culpable for your choices. Being under stress from your role is no excuse. 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...

May 20, 20241 minSeason 1Ep. 203

Obedience to Authority

A common excuse people use to justify unethical behavior is that they are “just following orders.” I have news for you: it didn’t work for the Nazis, and it’s not going to work in the business world. 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 book...

May 06, 20244 minSeason 1Ep. 202

Significant Others

One of the most impactful factors in ethical decision making are the people you surround yourself with – friends, significant others, and the like. 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-st...

Apr 30, 20241 minSeason 1Ep. 201

Corporate Culture

It’s not just mega-corporations – even little Mom and Pop businesses have a corporate culture, and small business owners should be every bit as concerned with making sure theirs is a positive one. 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: ...

Apr 23, 20247 minSeason 1Ep. 200

Gilligan's Moral Development

Kohlberg’s research was conducted on white male students at elite colleges in the 1950s. Gilligan conducted a study with more diverse test subjects and found some interesting differences. Check out this week’s Business Law 101 for 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: Ba...

Apr 15, 20245 minSeason 1Ep. 199

Kohlberg's Moral Development

Kohlberg outlined 6 major stages of moral development – which line up reasonably well with Mazlow’s much more famous hierarchy of needs. 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 corrupt...

Apr 08, 20247 minSeason 1Ep. 197

Ethical Issue Intensity

Many business owners prioritize whichever ethical issues seem more pressing at the time, but this can backfire spectacularly. 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 corrup...

Apr 01, 20243 minSeason 1Ep. 197

Ethics & Business Responsibilities

All businesses – even non-profits – have to make money in order to survive. But there are also some ethical responsibilities that all businesses have. I get into it 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 Ve...

Mar 25, 20242 minSeason 1Ep. 196

History of Ethics - The Seventies to the Present

This week on Business Law 102, I finish out my extremely condensed overview of the history of business ethics, looking at the 1970s to the present. 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...

Mar 11, 20246 minSeason 1Ep. 195

History of Ethics - The Russian Revolution to the Sixties

This week on Business Law 102, I continue my extremely condensed overview of the history of business ethics, covering the Russian Revolution through the 1960s. 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...

Mar 04, 20248 minSeason 1Ep. 194

History of Ethics - Ancient Greece to the Industrial Revolution

The history of business ethics is very interesting, but also very dense. I give an extremely condensed overview – from the ancient Greeks to the Industrial Revolution – 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 th...

Feb 26, 20246 minSeason 1Ep. 194

Zen Buddhism & Hinduism

Both Zen Buddhism and Hinduism have interesting things to say about ethics in the business world. 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 corruption running rampant in Washington DC, w...

Feb 19, 20249 minSeason 1Ep. 192

Confucianism & Neo-Confucianism

While classic Confucianism isn’t particularly applicable to the business world, neo-Confucianism offers interesting implications by prioritizing trust over both morals and profitability. 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 f...

Feb 12, 20244 minSeason 1Ep. 191

Terminology of Justice Theory

Rawls uses a lot of classic business law terminology when laying out the tenets of Justice Theory. 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 corruption running rampant in Washington DC, ...

Feb 05, 20243 minSeason 1Ep. 190

Overview of Virtue Ethics

The ancient Greeks came up with the concept of virtue ethics, which has ramifications even today. I get into it on this week’s 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 ...

Jan 29, 20243 minSeason 1Ep. 189
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