BUSINESS LAW PAPER SUGGESTIONS
Cite Sources. USE MLA NOTATION. As you write a sentence, ask “Who said this?” If it is you talking, I don’t want to hear it except maybe in comment at the end, unless maybe it is from your personal experience. Identify it as such, e.g., (Trip, 2001; Conversation with Joe Smith, 2003). If it is not from you, you must tell me who said it and I WOULD PREFER THAT YOU ADD PAGE NUMBERS. (Johnson 307) A half page quoted paragraph with “(Johnson 307)” at the end will not do. Example of better form [a hybrid of MLA/legal notation; single-spaced to save space; author and case names, are made up]:
One of the leading sources about manufacturing defects is Albert Johnson. (Johnson) His
recent book cites several new areas of tort liability for manufacturers. (Johnson 307-310) Hensley is another good source. (Hensley) He states that “The field of manufacturing liability
is the fastest growing area of tort/strict liability cases,” and adds two other types of cases to Johnson’s list. (Hensley 45-46). Hensley goes further to point to the recent North Carolina case of Smith Manufacturing v. Beaufort Restaurant, 295 N.C. 278, 234 S.E.2d 406 (2004) as setting the scene for new theories of tort liability. (Hensley 56) This case is similar to the Bart v. Jones decision from the U.S. Supreme Court. (Bart v. Jones, 345 U.S. 423, 123 S. Ct. 1003 (2002)) The Smith Manufacturing case deals with the issue of wrongful employment discharge of an employee for revealing that dangerous bacteria in the restaurant water caused numerous deaths. (Smith Manufacturing, at 280) This paper will discuss this emerging “wrongful discharge” area of the law in strict liability cases.
Note that case cites are to a primary and a secondary reporter plus the date. Case names should be in italics or underlined. Prove EACH basic factual basis of your paper to me with a reference to a primary or secondary source. Then, and only then, may you add your opinion as to the meaning of the facts you “proved.”
Sources. I would prefer that you use primary sources (e.g., the actual report of a case, an actual contact, etc.) and then add secondary sources (internet article, textbook, a book on the subject, etc.). Cite each in your Bibliography/Sources Cited. Use MLA notation that you learned in English class to show in the body of the paper where the point you are making came from in that source. I prefer at least four or five sources.
Topic. The topic should deal with business and business law. Criminal cases are not appropriate unless they deal with business issues. (Embezzlement at Enron?) Look to your job for topics. Reduce the topic to a manageable level: “How the Enron electricity resale schemes cheated the State of California” vs. “the Enron case.” When in doubt, narrow the topic even more, and dig deeper into the topic. The topic is due in writing on the first full “contracts” class.
Paper Starter Topics Business Law 115 – Robert K. Smith, J.D.
Note: Some topics may be too broad and must be made more specific to fit your need.
Personnel/Employment Law: Wrongful and/or constructive discharge, harassment; racial, age, sexual discrimination; retaliation, Title VII, Civil Rights Acts, etc.; Pregnancy leave with pay; dealing with violence in the workplace; email and other privacy issues at work; employee handbooks; covenant not to compete/ confidentiality agreements; benefits issues; Wage and Hour/equal pay issues; Unemployment compensation; Worker’s compensation; benefits to civil partners; Family Medical Leave Act (FMLA); HIPPA; Pyramid schemes, Madoff, etc.
General Business Issues: Identity theft; shoplifting; Computer hacking and theft; embezzlement; copyright violations; international intellectual property protection; liability for tort, contract violations (insurance?); automobile ownership/leasing liability and other issues for business; application of strict liability to a specific business; construction contracts; banking relationships; environmental law and business; criminal law and business; business taxation; Banking issues, loans, etc.; OSHA audits; State taking or property for roads (condemnation/eminent domain); dealing with minors and other persons without legal capacity; Religious Land Use and Institutional Prisoner Act (R-LUIPA); Business ethics (Enron, NY Stock Exchange, etc.); Religious harassment in the workplace; Telemarketing restriction legislation; etc.
Other topics may be perfectly OK, just limit the scope; check with instructor.
INTERNET RESEARCH STARTERS;
findlaw.com (Good overall source for materials) (“Lawcrawler”)
refdesk.com/factlaw.html (Haven’t used, but seems to be a good general and legal source)
www.ncga.state.nc.us (General Assembly; Use to find NC General Statutes on a topic; see left of “home” screen) ncleg.net
nccourts.org (Courts, NC Supreme Court and Court of Appeals Opinions) This site has for several years been adding “topical” annotations to cases (e.g., “contract dispute”); look here at a case to find out how to “cite” NC law cases and find cases on your topic.
secstate.state.nc.us (Business corporation issues)
ncdoj.gov (jump to, e.g., consumer protection) FEMA.gov
uscode.house. gov_(US Code-Federal Laws)
access.gpo.gov (Code of Federal Regulations, for regulations implementing Federal laws)
supremecourtus.gov/opinions (US Supreme Court opinions and info)
law.cornell.edu (Good overall source for materials)
As an alternative, just type in the topic you are interested in in the address line of your Internet browser: e.g., “consumer protection,” and keep refining your Internet search until you get material on the specific topic you are searching for.
To research “Enron,” for instance, I put in “Enron” to start my current search for up-to-date legal resources and then look for more specific information in the listing produced. The book also suggests some internet and other resources, some of which may not be current. Use general information as stepping stone to more specific, e.g., there may be a reference to a case in a general article. .
A Sample of Internet Legal Resources
Business Law
North Carolina/Wake County
NC General Statutes: http://www.ncga.state.nc.us/gascripts/Statutes/Statutes.asp
NC Court System: http://www.nccourts.org/Courts/Default.asp
NC Court of Appeal Opinions: http://www.aoc.state.nc.us/www/public/html/opinions.htm
(Click on year to see case opinions and brief summary; You can search for keywords. Other options on the left of page.)
NC Bar Association: Index: http://www.barlinc.org/misc/site_map.html
Duke University Law Library/NC Resources http://www.law.duke.edu/lib/
NC Lawyers Weekly http://www.nclawyersweekly.com/
Wake County Register of Deeds http://web.co.wake.nc.us/rdeeds/
Federal Law
US Copyright Office http://www.loc.gov/copyright/
US Patent and Trademark Office http://www.uspto.gov/main/trademarks.htm
US Supreme Court Cases http://www.findlaw.com/casecode/supreme.html
US Code (Federal Statutes) http://uscode.house.gov/search/criteria.shtml
Congress: http://www.gpoaccess.gov/plaws/index.html
General
Findlaw (general legal searches) http://www.findlaw.com/
Some general info: http://lawinfo.com/
Martindale Hubbell Lawyer search http://lawyers.martindale.com/
