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Business Classes - 1/24

Before each class, Lorelai says, "I apologize for my absence last week and thank Piper for filling in last minute. I will be relying on her assitance more this semester than I did last because I'm expecting a baby. I expect that you will all grant her the same respect as you would grant me when she fills in."

***

Business Law – First Period – 1/24
Philosophy of law is a branch of philosophy and jurisprudence which studies basic questions about law and legal systems, such as "what is the law?", "what are the criteria for legal validity?", "what is the relationship between law and morality?", and many other similar questions.

Rest of the Lecture found here

Discussion Question: Which of the 4 schools of thought do you agree with most?

Homework: 100 Words on any philosopher of law (c&p from wiki is okay)

***

HR Management – Sixth Period – 1/24

The Federal laws prohibiting job discrimination are:

*Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;

*The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;

*The Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;

*Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;

*Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and

*The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

Rest of Lecture here

Discussion Question: Do you think these are acceptable laws?

Homework: 100 words on any of the EEOC laws (c&p is fine)

Flat | Top-Level Comments Only

Piper signs in.

Lindsey signs in.

Boone, looking a little pale as if he'd been sick recently, signs in.

Lisa signs in

Which of the 4 schools of thought do you agree with most?

"According to legal positivism, there's isn't necessarily a connection between law and morality. I think I agree with this thought. There's a reason there are so many jokes about lawyers," Piper said, grinning.

Lindsey rolled his eyes at Piper and may have muttered something along the lines of "see if you get any birthday presents."

"I wasn't talking about you." Piper might have been snickering, though. Just a little.

[ooc: *giggles madly at your icon*]

"Uh huh. Sure you weren't."

"Legal realism makes the most sense to me. It's more important to know what the law actually means in a practical sense than what it theoretically is supposed to say. The way it's actually interpreted is what matters, because that's what affects people."

"Um, I agree with natural law - an unjust law isn't a true law."

"That seems valid to me," Lisa says ~~because I am lazy.~~

100 Words on any philosopher of law

[ooc: c&p is fine - there is a list with links if you follow the lecture link. you have until thursday to turn this in. I'll post a reminder in that class.]

Legal positivism is not synonymous with ethical positivism, or for that matter with moral relativism. It is at least a possible viewpoint that there exists a natural ethical code while maintaining that its translation into law remains local and contingent. The argument of legal positivism is not that ethics is irrelevant to every law; rather, that law and ethics are two different things, two fields that occasionally overlap but whose underlying logic remains separate. The legal positivist emphasizes that the law that forbids theft and the law that commands that you drive on the proper side of the road are two exemplars of the same phenomenon.

The natural law or law of nature is a system of justice that exists independently of the positive law of a given political order. Its usage has varied through its history. It currently has a meaning in both moral theory and legal theory, despite the fact that the core claims of the two kinds of theory are logically independent. According to natural law ethical theory, the moral standards that govern human behavior are, in some sense, objectively derived from the nature of human beings or the cosmos in general. According to natural law legal theory, the authority of at least some legal standards necessarily derives, at least in part, from considerations having to do with the moral merit of those standards.

Oliver Wendell Holmes the younger, (March 8, 1841 – March 6, 1935) was an American jurist noted for his hard-edged rejection of the prevailing property-rights ideology embraced by other judges of his time. He was called The Great Dissenter.

Holmes was born in Boston, Massachusetts, the son of the prominent writer and physician Oliver Wendell Holmes, Sr.. As a young man, Holmes loved literature and supported the abolitionist movement which thrived in Boston society during the 1850s. He graduated from Harvard University in 1861.

Saint Thomas Aquinas [Thomas of Aquin, or Aquino] (c. 1225 – March 7, 1274) was an Italian Catholic philosopher and theologian in the scholastic tradition, known as Doctor Angelicus, Doctor Universalis. He is the most famous classical proponent of natural theology. He gave birth to the Thomistic school of philosophy, which was long the primary philosophical approach of the Catholic Church. He is considered by the Catholic Church to be its greatest theologian and one of the thirty-three Doctors of the Church. There have been many institutions of learning named after him.

Piper signs in.

"Hey, Piper, can I talk to you for a minute?" Lorelai asks. There may be an excited gleam in her eye.

"Sure, what's up?"

"What's your schedule like tomorrow?"

"I have classes second, fifth, sixth and seventh periods," Piper replied. "I'm free for the most part anytime I don't have class. Though, tomorrow is my birthday..."

"Well happy birthday a day early!" Lorelai exclaims. "And it sounds like you're going to be busy tomorrow. Could you maybe come and help me with a project after Business Law on Thursday morning?"

"Thank you," Piper said appreciatively. "Thursday? That works."

"Great! I was talking to Dr. Grissom before class and we decided to have a Humanities dinner. All the teachers from this wing plus their TAs. So keep next Tuesday evening free, okay?"

"Ooh, sounds like fun! Will definitely remember to keep Tuesday evening free."

"And on Thursday we'll make the invitations!"

Piper grins. "Got anything in mind for these invitations?"

With a nod, Lorelai says, "Let's just say that they will grab the attention."

Piper might have been just a bit gleeful.

Boone signs in.

John signs in

Lilly signs in

Do you think these are acceptable laws?

"Definitely. No one should be descriminated against as long as they are qualified."

"Yeah, I do. It's like what Piper said - no one with the qualifications and know-how should be discriminated against."

"Based on normal hiring practices, sure."

"I totally think they're acceptable. They're like, necessary, I think."

100 words on any of the EEOC laws

[ooc: c&p is fine - there is a list with links if you follow the lecture link. you have until thursday to turn this in. I'll post a reminder in that class.]

The Americans with Disabilities Act of 1990 is the short title of United States Public Law 101-336, signed into law on July 26, 1990 by President George H. W. Bush. It is a wide-ranging civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal.

The ADA is notable because many disparate groups, many of which had never worked before, came together for a common purpose. In addition, other civil rights groups outside the disability community helped.

: The following is the text of Titles I and V of the Americans with Disabilities Act of 1990 (Pub. L. 101-336) (ADA), as amended, as these titles appear in volume 42 of the United States Code, beginning at section 12101. Title I of the ADA, which became effective for employers with 25 or more employees on July 26, 1992, prohibits employment discrimination against qualified individuals with disabilities. Title I will apply to employers with 15 or more employees beginning on July 26, 1994. Title V contains miscellaneous provisions which apply to EEOC's enforcement of Title I. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) amends sections 101(4), 102 and 509 of the ADA. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981) to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973.

The following is the text of the Equal Pay Act of 1963 (Pub. L. 88-38) (EPA), as amended, as it appears in volume twenty-nine of the United States Code, at section 206(d). The Equal Pay Act, which is part of the Fair Labor Standards Act of 1938, as amended (FLSA), and which is administered and enforced by the EEOC, prohibits sex-based wage discrimination between men and women in the same establishment who are performing under similar working conditions. Cross references to the EPA as enacted appear in italics following the section heading. Additional provisions of the Equal Pay Act of 1963, as amended, are included as they appear in volume 29 of the United States Code.

Questions? Comments?

Flat | Top-Level Comments Only

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