Law Commons^™

Tricky Business: A Decision-Making Framework For Legally Sound, Ethically Suspect Business Tactics, Corey A. Ciocchetti

Corey A Ciocchetti

TRICK: “a crafty or underhanded device, maneuver, stratagem, or the like, intended to deceive or cheat.” Tricks are designed to outwit others in a cunning and skillful manner. Despite well-written, philosophically sound codes of ethics and core values, businesses are not above employing tricky tactics to suit their pecuniary interests. These strategies often involve the legal system as the outwitted ask courts to vindicate their rights. However, the most successful tricks are skillfully crafted to survive legal scrutiny. This article evaluates three tricky business tactics found lawful by United States Supreme Court during its most recent term. The story begins …

The Constitution, The Roberts Court & Business: The Significant Business Impact Of The Supreme Court's 2011-2012 Term, Corey A. Ciocchetti

Corey A Ciocchetti

The 2011-2012 Supreme Court term created quite the media buzz. The Affordable Care Act cases and the controversial Arizona immigration law dominated the headlines. But the term also included other fascinating yet less sensationalized cases. The Court heard its fair share of criminal law controversies involving derelict defense attorneys and prosecutors as well as civil procedure disputes involving qualified immunity for witness in grand jury proceedings and private parties assisting the government in litigation. The justices also entertained arguments on a federal law allowing United States citizens born in Jerusalem to have “Israel” stamped as their birthplace on a passport. …

Employment Law, Negotiation And The Business Environment: A Cooperative Collective Bargaining Negotiation Of The National Hockey League Lockout Of 2004, Corey A. Ciocchetti

Corey A Ciocchetti

Teaching courses revolving around business law and ethics is a daunting challenge. Students need real-world examples to make the difficult topics and concepts come to life. This artcile explores legal negotiation and negotiation ethics in the context of the National Hockey League Lockout of 2004-2005.

The article describes the basics of collective bargaining and negotiation strategy and then offers a group exercise to hammer out a CBA. Student teams represent the NHL Owners and NHL Player's Union respectively and enter into a series of three timed negotiations followed by a large group debrief.

The exercise described in this article won …