Business Law MGMT 260 Eastern Mediterranean University Department

Business Law MGMT 260 Eastern Mediterranean University Department of Business Administration Asst. Prof. Gökhan Adalıer

What is Law? Black’s Law Dictionary Definition: Law, in its generic sense, is a body of rules of action or conduct prescribed by controlling authority, and having binding legal force. That which must be obeyed and followed by citizens subject to sanctions or legal consequences is a law.

Functions of the Law 1. Keep the peace 2. Shape moral standards 3. Promote social justice 4. Maintain the status quo 5. Facilitate orderly change 6. Facilitate planning 7. Provide a basis for compromise 8. Maximize individual freedom.

Brown v. Board of Education • • • Summary of Brown v. Board of Education of Topeka, 347 U. S. 483, 74 S. Ct. 686, 98 L. Ed. 873 (1954). Facts This case is a consolidation of several different cases from Kansas, South Carolina, Virginia, and Delaware. Several black children (through their legal representatives, Ps) sought admission to public schools that required or permitted segregation based on race. The plaintiffs alleged that segregation was unconstitutional under the Equal Protection Clause of the Fourteenth Amendment. In all but one case, a three judge federal district court cited Plessy v. Ferguson in denying relief under the “separate but equal” doctrine. On appeal to the Supreme Court, the plaintiffs contended that segregated schools were not and could not be made equal and that they were therefore deprived of equal protection of the laws. Issue Is the race-based segregation of children into “separate but equal” public schools constitutional?

• • Holding and Rule (Warren) No. The race-based segregation of children into “separate but equal” public schools violates the Equal Protection Clause of the Fourteenth Amendment and is unconstitutional. Segregation of children in the public schools solely on the basis of race denies to black children the equal protection of the laws guaranteed by the Fourteenth Amendment, even though the physical facilities and other may be equal. Education in public schools is a right which must be made available to all on equal terms. The question presented in these cases must be determined not on the basis of conditions existing when the Fourteenth Amendment was adopted, but in the light of the role of public education in American life today. The separate but equal doctrine adopted in Plessy v. Ferguson, which applied to transportation, has no place in the field of public education. Separating black children from others solely because of their race generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone. The impact of segregation is greater when it has the sanction of law. A sense of inferiority affects the motivation of a child to learn. Segregation with the sanction of law tends to impede the educational and mental development of black children and deprives them of some of the benefits they would receive in an integrated school system. Whatever may have been the extent of psychological knowledge at the time of Plessy v. Ferguson, this finding is amply supported by modern authority and any language to the contrary in Plessy v. Ferguson is rejected. Disposition Judgment for the plaintiffs.

Brown v. Board of Education • • Citation. 347 U. S. 483, 74 S. Ct. 686, 98 L. Ed. 873, 1954 U. S. 2094. Brief Fact Summary. Black children were denied admission to schools attended by white children under laws that permitted or required segregation by race. The children sued. Synopsis of Rule of Law. Separate but equal educational facilities are inherently unequal. • Facts. The Plaintiffs, various black children (Plaintiffs), were denied admission to schools attended by white children under laws that permitted or required segregation by race. Plaintiffs sued, seeking admission to public schools in their communities on a nonsegregated basis. Issue. Do separate but equal laws in the area of public education deprive black children of the equal protection of the laws guaranteed by the Fourteenth Amendment of the United States Constitution (Constitution)?

• Held. Yes. Chief Justice Earl Warren (J. Warren) stated that even if the “tangible” factors of segregated schools are equal, to separate black children from others of similar age and qualifications solely on the basis of race, generates a feeling of inferiority with respect to their status in the community and may affect their hearts and minds in a way unlikely to ever be undone. • Discussion. The Supreme Court of the United States (Supreme Court) is relying on the same rationale to invalidate the segregation laws here that it did in Sweatt v. Painter (ordering the admission of a black student to the University of Texas Law School, despite the fact that a parallel black facility was available). The rationale is that it’s the intangible factors that make segregation laws in the area of public education “inherently unequal. ” Whether stigma or the perception of stigma alone is sufficient injury to invalidate a law supported by a valid, neutral purpose is an open question.

Schools of Jurisprudential Thought School Natural Law theory Philosophy Posits that law is based on what is “correct”. It emphasizes a moral of law – that is, law should be based on morality and ethics. Historical Believes that law is an aggregate of social traditions and customs. Analytical Maintains that law is shaped by logic.

Sociological Asserts that the law is a means of achieving and advancing certain sociological goals. Command Believes that the law is a set of rules developed, communicated, and enforced by the ruling party. Critical Legal Studies Maintains that legal rules are unnecessary and that legal disputes should be solved by applying arbitrary rules based on fairness. Law and Economics Believes that promoting market efficiency should be the central concern of legal decision making.

Sources of Law in the United States Source of Law Description Constitutions The U. S. Constitution establishes the federal government and enumerates its powers. Powers not given to the federal government are reserved to the states. State constitutions establish state governments and enumerate their powers. Treaties The president, with the advice and consent of the Senate, may enter into treaties with foreign countries. Codified Law: statutes and ordinances Statutes are enacted by Congress and state legislatures. Ordinances are enacted by municipalities and local government agencies. They establish sources of conduct that covered parties must follow.

Executive Orders Issued by the president and governors of states, executive orders regulate the conduct of covered parties. Regulations and orders of administrative agencies Administrative agencies are created by the legislative and executive branches of government. They may adopt rules and regulations that regulate the conduct of covered parties as well as issue orders. Judicial decisions Courts decide controversies. In doing so, a court issues a decision that states the holding of the case and the rationale the court used in reaching that decision.