Book Description

Business has always been driven by ingenuity and innovation. Now, more than ever, with an economy built on "knowledge work" and intangible value, developing--and protecting--intellectual property is vital for individuals and organizations alike. This book presents a brief but thorough survey of U.S. patent law, presented in the clearest possible terms for nonspecialists--including scientists, engineers, business managers, and entrepreneurs--as well as students and practitioners of patent and intellectual property law. ... Read more

Reviews (8)

Perfect for the scientific professional
Perfect for the scientific professional or manager who must deal
with U.S. patents. Although technical throughout, I was never
lost or floundering. Well organized, well written, and just the
length and depth, I wish all technical books were of this
quality.

This book does NOT deal with corporate strategy for intellectual
property, nor does it get into much detail on how to write a
patent. There are, however, other books that directly address
these topics.

An excellent warm-up for the real thing
While waiting to find out if my application to the PTO to sit for the next patent bar exam was approved, and prior to obtaining a full-fledged course of study on patent practice, I decided to invest in this book to get a better idea of what I was getting into.I must say that not only did I get a comprehensive introduction to the topic, but it was also an enjoyable read.The author uses subtle humor to get the points across, as exemplified by his use of various, patented mousetrap designs as examples, and his knowledge of patent law is superb.Indeed, there is hardly a page in the book sans footnotes and citations to case law.

Now that I am into the thick of learning the subject in detail in preparation for the exam, I find the subject matter familiar and that the overall perspective gained from Patent Law Essentials is invaluable.

This is a well organized, informative book that should be useful to any technical professional, especially, who wishes to demystify the arcane practice of patent prosecution.

Concise and informative
This book gets to the point and is very well organized.The author apparently put a lot of thought into the flow of the book, making it very intuitive to follow.I've learned more from this small book, than I have from a book 5 times the size.The footnotes all throughout the book are excellent references as well (especially when studying for the patent exam).The author seems extremely knowledgable, and more importantly, does a great job relaying that knowlege onto the reader.

Complete and concise introduction to patent law
I read this book while preparing for my patent law exam at law school. I found it very useful: it is a complete and up to date introduction into the patent act and how it is applied by the Patent and Trademark Office and the courts. It contains all necessary references that a lawyer needs but the language is clear enough that an interested layman can understand it as well. It is not a "How to get a patent yourself book" however - it is for laywers or for people used to reading legal texts.

I am taking his final on Monday
Professor Durham is a wonderful professor and you, reader, can see his organized mind at its patent best in this book.Of course, I found it most helpful because it elucidated his theories and even some cases very well from class...but the introduction states that the goal of his book "is to present the essentials of patent law in the clearest and simplest terms possible, without oversimplifying the genuinely complex areas of the law."Now, he has no idea I have this book nor, certainly, that I am typing on Amazon instead of studying... but I have to say Proessor Durham has succeeded in the book's goal.His language is extremely clear and he limits jargon better than most attorneys I have ever come across.Buy this for the clarity and brevity, but keep in mind its publication date.
Professor Durham loves this stuff, and you can tell by his energy and the way he can make some woefully banal things actually entertaining.You will not be bored. ... Read more

Book Description

DUE DILIGENCE HANDBOOK

This is the most complete guideavailable on how to properly perform a due diligence investigation --and radically improve the success rate of a pending corporate merger oracquisition.

And it's not just a simple checklist of steps tofollow.This comprehensive tool includes 500 pre-formatted forms forrecording and analyzing every possible operational and financialactivity, as well as clues of what to look for and what to look outfor.The looseleaf format makes it easy to photocopy and distributepertinent information and forms to all members of the due-diligenceteam.

WILLIAM M. CRILLY (Aliso Viejo, CA) is the chairman andfounder of Newport Pacific Associates, a firm that assists companies inarranging mergers and acquisitions. ... Read more

Book Description

This text provides a comprehensive overview of the responsibilities of managers and supervisors in law enforcement. It explores their jobs and the complicated relationships with all members of the law enforcement agency. This text emphasizes a proactive approach to law enforcement, anticipating what the future holds. ... Read more

Book Description

If you dream of starting a business, but fear that without an MBA you'll get lost in the maze of government red tape, here's the handbook you need.

Step-by-step, The Small Business Start-Up Kit for California outlines how to set up your enterprise in the Golden State quickly and easily, pointing out the hurdles, fees and forms along the way. Clear and straight to the point, the book explains how to:

*choose the best business structure
*write an effective business plan
*file the right forms in the right place
*be prepared for, and file, the required taxes
*acquire good bookkeeping and accounting habits

The 5th edition reflects the latest legal and tax changes. It also provides a completely revised chapter on risk management and insurance, plus a new chapter on pricing, bidding and billing. ... Read more

Reviews (4)

excellent for starters
This book is easy to read and follow. It has a complete list of things you need to do to set up your own business and some good advices. Highly recommended!

Excellent tutorial and reference
Everything you need to know about starting a small business in California is in here. What legal structure to choose, which agencies you need to deal with, what forms you need and where to get them, web addresses, phone numbers, and all the details.

It also has a wealth of information on running a business, including information on accounting, taxation, and employees. It's well organized and easy to read.

The only gaps are in some of the details on forming LLCs and corporations. The reader is referred to other Nolo books for the gritty details. If you're forming a partnership or sole proprietorship -- probably the most common types for "cottage industry" -- the book is reasonably complete.

Excellent Book
This is my first book review, because this is the first book I've purchased where I've truly felt moved to tell people how excellent it is. If you are starting up a small business in California, this book is invaluable. It tells you where to find all of the information you'll need to start up your business, in easy to understand terms. Also includes a CD-ROM with lots of forms. All of her advice is really helpful and I find myself going back to the book all the time. Just knowing it's there makes me feel better!

She includes URLs to web sites with information - and even tells you what other books to get on a subject she doesn't cover too in-depth. And all the information you need is easy to find.

5 stars!

FINALLY, A BUSINESS START UP BOOK FOR THE REST OF US
Well worth the price! It answered every question I had -- and answered a lot of questions I hadn't even thought about. Really easy to understand and set up in a smart way - going through the steps you would when creating a business. The section on "hobby or business" is the best explanation I ever read about that stuff. Much better than going to a lawyer and has lots of first person battle stories. Even if you've got a Cal business going -- this book is still cool!! HIGHLY RECOMMENDED! ... Read more

Book Description

Americans have always loved risktakers. Like the Icarus of ancient Greek lore, however, even the most talented entrepreneurs can overstep their bounds. All too often, the very qualities that make Icaran executives special-- self-confidence, visionary insight, and extreme competitiveness--spur them to take misguided and even illegal chances. The Icaran failure of an ordinary entrepreneur isn't headline news.But put Icarus in the corporate boardroom and, as David Skeel vividly demonstrates, the ripple effects can be profound. Ever since the first large-scale corporations emerged in the nineteenth century, their ability to tap huge amounts of capital and the sheer number of lives they affect has meant that their executives play for far greater stakes. Excessive and sometimes fraudulent risks, competition, and the increasing size and complexity of organizations: these three factors have been at the heart of every corporate breakdown from 1873, when financial genius Jay Cooke collapsed, to the corporate scandals of the early 21st century. Compounding the scandals is an ongoing cat-and-mouse game between regulators' efforts to police the three factors that lead to Icarus Effect failures and efforts by corporate America to evade this regulation in the name of efficiency and flexibility. These efforts to side-step oversight can rapidly spiral out of control, setting the stage for the devastating corporate failures that punctuate American business history.But there is also a silver lining to the stunning failures: the outrage they provoke galvanizes public opinion in favor of corporate reform. The most important American business regulation has always been enacted in response to a major breakdown in corporate America. Today's business environment poses unprecedented perils for the average American as for the first time ever, more than half of Americans now own stock. Identifying the problems of the past, Skeel offers a strikingly new diagnosis of the fundamental flaws in corporate America today, and of what can be done to fix them. ... Read more

Book Description

Concise statement of the black letter law that affects business is the continuing hallmark of this text. Widely praised for its case selection and focus on CPA preparation, professors and students alike can have confidence that they are learning the most up-to-date developments in business law.Summarized cases, supporting examples, ethical scenarios drawn from the real world, short vignettes entitled "Whats Behind the Law," and extensive end of chapter case problems introduce students to the legal issues that they will face in the business world. ... Read more

Book Description

The process of becoming a tax-exempt organization may appear intimidating, but with How to Form a Nonprofit Corporation , you can do it easily and correctly, without a lawyer.

This bestselling book includes complete instructions for obtaining federal 501(c)(3) tax exemption and for qualifying for public charity status with the IRS.It will help you

*complete an IRS tax-exemption application *prepare articles of incorporation *write the bylaws of your nonprofit *fill in minutes of the organizational meeting *understand your state's specific nonprofit requirements

The 6th edition includes an expanded section on each state's legal and tax requirements for nonprofits. It also provides updated forms as tear-outs and on CD-ROM, with line-by-line instructions for filling them out.

What are you waiting for? Incorporate your nonprofit without a lawyer and save the money for your worthy cause! ... Read more

Reviews (12)

EVERYTHING you need to start a Nonprofit is in this book!
As a consultant to community service groups, I recommend this book to each and every one of my clients. If you're looking to start a nonprofit organization, it has everything you need to know to start a 501(c)(3) without hiring a lawyer for hundreds or thousands of dollars. The book walks you through the state incorporation process and the federal/IRS application process; it includes copies and a computer disk with pre-formatted samples of: letters, Articles of Incorporation, Organization Bylaws, Meeting Minutes formats, and more. It also takes you step-by-step through the IRS Form 1023, which you must complete for 501(c)(3) determination. This detailed information about the Form 1023 is MOST helpful for anyone looking to start a nonprofit group!

This is THE guide to establishing a 501(c)3 non-profit!
How to Form a Nonprofit Corporation is the simplest, straight-foward, plain english help available for groups trying to organize themselves as a tax-exempt non profit organization! Mancuso gives clear real-life examples and self tests to determine which of a plethora of options is the right one for your org., as well as suggested language to satisfy every scrutinous section in your exemption application. Don't even THINK about trying to go at it without this book at your side.

A real winner!
When I was starting up my nonprofit I didn't have thousands of dollars to waste paying a lawyer for advice. If this sounds familiar then I highly recommend Nolo's How to Form a Nonprofit Corporation. It takes you over all of the legal hurdles that you'll encounter in a well organized and user-friendly format. They've got you covered from preparing Articles of Incorporation, to applying for tax exemption, to following your state's specific requirements. It even includes all the forms you'll need on an included CD-ROM. Why waste money you don't have on expensive lawyers when you can do it just as well youself for so much cheaper? I didn't and now my nonprofit is prospering! Thanks Nolo.

The most useful book ever
Before buying this book, our group spent thousands in legal fees trying to figure out how to form a nonprofit to help save our children's school library.

After reading this book, we got the nonprofit up and running -- and yes, the school library is alive and even expanding! The instructions were clear, the "Real English" style helped, the forms were accompanied with line by line instructions. We checked out other books, but this is the only one that addressed our needs. It's an amazing, amazing book. Thank you, Mr. Mancuso!

Only covers 501(c)(3) corporations
No summary or review states that the book is limited to one type of 501(c) corporation. I bought this book thinking it covered all types. Wrong! It's only good for the few types that qualify as tax-exempt 501(c)(3). I'm starting a neighborhood association, which falls under 501(c)(4), which this book doesn't cover. I would not have ordered the book if I'd known it was so limited. ... Read more

Book Description

This text brings to life the color and law of real estate in day-to-day settings.In addition to the lively case selection, real estate professionals need a clear set of rules that will enable them to recognize, solve, and prevent legal problems. ... Read more

Book Description

This book will show you how to greatly reduce your chances of becoming a victim of identity theft. Although no one can promise that you won’t be victimized, because your personal information is readily available on myriad databases, the information in this book gives you the expertise to evaluate your own privacy risks and identity theft exposure so you will determine the changes you need to make in your daily life. The user friendly guide with bullet point easy to follow steps will serve as your "personal privacy audit" to establish your strategy to shield you from the epidemic of identity theft. You’ll learn:• The insidious tricks fraudsters use• How you can be targeted • How businesses and agencies expose you to risks• How businesses themselves become victimized• How our society and this information age facilitates this crime• The detailed immediate actions to take today to formidably defend yourself, your family, your workplace or your own business from the exposure to fraud.• Successful tools for guarding yourself at home, at work, on vacation, while shopping, in business situations and when using your computer and other technology. • How to take the 20 crucial steps to get your life back, if you are victimized.• Straightforward positive steps to gain peace of mind and ensure your most valuable asset, your identity! "In today's world, information is gold, and this book is about building your own Fort Knox. Just like good privacy laws, Safeguard your Identity puts consumers in control of their personal information. It's a consumer survival guide and emergency action plan that spells out easy-to-follow steps for both avoiding and recovering from ID theft. Truly essential reading."

California State Senator Jackie Speier,author of the California Financial Information Privacy Act,Sacramento CA. ... Read more

Reviews (2)

Buy this!
Identity theft is a scary situation! This book is a complete guide to protecting your identity.The book is well-organized, the explanations and instructions are clear, and there is a great list of further resources.Highly recommended!

A must-read for protecting yourself in the information world
Mari Frank's book is a great step-by-step guide for preventing identity theft and protecting your personal information from misuse.And for those, like me, who have already had their identity stolen, "Safeguard" can be an excellent tool for rebuilding your life.

Frank is an expert in the field of identity protection, who combines the experience of a triumphant victim and the knowledge of a seasoned attorney.But she writes in a style that is easily understood and enjoyable to read.

Highly recommended for everyone. ... Read more

Book Description

A huge amount of legal information is contained within this compact and orderly book. All legal terms are easy-to-find and up-to-date, and the book includes definitions, pronunciation, and easily understood explanations.Structured into short, easily digested chapters, Legal Terminology presents the fundamentals of the principal areas of the law, including: terms used in criminal law, tort law, contract law, personal property and agency law, practice and procedure law, will and estate law, trust law, family law, law of negotiable instruments, and business organization law.An excellent reference work for lawyers, legal secretaries, paralegals, legal assistants, and court personnel. ... Read more

Reviews (1)

Strengthen your legal vocabulary in seriousness and fun
This is an excellent resource for law students, paralegals, legal secretaries and law clerks.Each chapter shows the words in use and gives real-world explanations of the terms.At the end of each chapter there are true/false, matching, fill-in-the-blank, and crossword puzzle exercises to test your knowledge.This book covers just about all the major areas of law:criminal, civil, torts, bankruptcy, property, wills/estate... you name it.I swear by this book - it really helped me in pre-law.At many colleges, this book is standard. ... Read more

Book Description

If you are wondering whether or not a limited liability company is right for you, Nolo's Quick LLC is the book to grab.

Written by LLC expert Attorney Anthony Mancuso, this book shows you, in plain English, the advantages and drawbacks of forming an LLC, and how the LLC compares with running a business as a corporation, partnership or sole proprietorship.It explains:

*how LLCs are formed by filing Articles of Organization with the state

*the Operating Agreement, which details the legal rights and responsibilities of LLC members and managers

*how you can choose between a member-run or manager-run LLC

*important tax options that qualify an LLC for partnership tax treatment -- an essential benefit of forming an LLC

*the required ongoing legal and tax paperwork

Practical, concise and easy to read, the 2nd edition of Nolo's Quick LLC provides vital; and the latest; information you need to know about this valuable business option. ... Read more

Reviews (3)

PRETTY GOOD
The book spend alot of time with examples, which isnt bad, but if you are looking for a primer on the law, tax advantages, pro's and con's, I found googling just as effective without the hefty price tag, at $5-10 this book is great value, at $30+ retail, well...

Very informative
This book breaks what you need to know to form an LLC down nicely and easily by chapter. You can skip around if you'd like, but I wanted to make sure I knew everything about the topic and read it straight through. Full of helpful examples to illustrate the concepts just presented. Definitely recommend to others looking to learn about corporate structures and most specifically, the LLC.

LLC simple
I recently bought this book and found it to be very informative and to the point. I looked at other books, but most were wordy. My time is limited and I needed a book that would provide me the info without the fluff. There is a good state information section that provides info like Addresses, URLs, Legal URLs, Name Requirements, and form descriptions. The actual forms are not provided but the resource is given. I would recommend this book for someone looking for enough information to answer your questions and give you guidance in going forward. ... Read more

Book Description

Business Law Today, Standard Edition is an accessible law text with high interest and exceptional visual appeal. This is a book that professors like, while students appreciate its thorough, dynamic coverage of traditional business law topics and summarized cases. This text meets the AACSB curriculum requirements.Business Law Today Interactive Text by Roger Miller and Gaylord Jentz combines the original textbook with rich multimedia, real-time updates, exercises, self-assessment tests, note-taking tools, and much more. This combination of print and online material provides students with active learning tools and tutorials , and helps instructors shorten preparation time and improve instruction. The Interactive Text offers a complete technology teaching solution that integrates all of the media together in one seamless package ? no ?assembly? is required.Business Law Today Interactive Text consists of two components: a Print Companion and an Online Companion, seamlessly integrated to provide an easy-to-use teaching and learning experience. The Print Companion is a paperback textbook that includes the core content from the original textbook. All time-sensitive pedagogical features and materials at the end of chapters have been moved from the printed textbook to the Online Companion.The Online Companion provides a dedicated Web site featuring all of the core content from the PrintCompanion combined with integrated, interactive learning resources , self-assessment tests, note-taking features, and basic course-management tools that enable instructors to create and manage a syllabus, track student self-assessment scores, broadcast notes to students, and send electronic messages to students. ... Read more

Book Description

Reviews (40)

Ever Since the Boston Tea Party...
As I was composing this review of Unequal Protection, I got another whiff of the smelly state of corporate dominance in political affairs. The Supreme Court, in a 7-2 decision, today upheld the constitutionality of the Copyright Term Extension Act (1998) in the case of Eldred v. Ashcroft. The CTEA is a de facto CPIA: a corporate profits insurance act. How did corporations, who lobbied for the CTEA and won out over the rights of the public domain, get to have more rights than people? That is one key question that author Thom Hartmann addresses in his book, subtitled "The Rise of Corporate Dominance and the Theft of Human Rights."

In a democracy, writes Hartmann, the government protected the Commons - that which we all must share so that we all may enjoy it in perpetuity. The Commons used to include the air, the water, the forests and its wildlife, the land and its minerals, and even the electromagnetic spectrum (the airwaves). Government also authorized, through a charter, and regulated, through laws enacted with the public weal in mind, that legal agreement called the corporation. At the core of corporate power, writes Hartmann, lies the concept of the corporation as a person, with similar rights to those of natural persons (human beings), for whom the Constitution was presumably written, since nowhere in the document are corporations mentioned.

Indeed, for the first century of American history, no court has applied Constitutional rights to corporations. It wasn't until an 1886 case, Santa Clara County (CA) v. Southern Pacific Railroad (118 U.S. 394, 396, brought against a corporation for non-payment of a $25 fee!), that corporations were then assumed to be persons. Assumed, that is, not because the Court said they were, but because the headnote in the book recording the decision said they were. And although headnotes carry no legal weight, it was because of that erroneous assumption that courts ever since have been citing Santa Clara as establishing the "personhood" of corporations.

This was no small mistake, however. As Hartmann points out, corporations were quick to claim Constitution protection for free speech (First Amendment), privacy protection (Fourth Amendment), freedom from searches and seizures, double jeopardy, and self-incrimination for criminal wrongdoing (Fifth Amendment), and claims of anti-discrimination protections under the Fourteenth Amendment - the amendment that was presumably passed to free slaves. Not bad for a precedent that was "never voted by the public; never enacted by law; never stated by decision after arguments before the Supreme Court"! Indeed, in 1938, Justice Hugo Black noted, "Of the cases in this court in which the Fourteenth Amendment was applied during its first fifty years after its adoption, less than one half of one percent invoked it in protection of the Negro race, and more than fifty percent asked that its benefits be extended to corporations."

Hartmann takes pains to assure his readers that he is not anti-corporation, but he also thinks that the protections in law afforded to corporations since 1886 have been unequal, vis à vis those afforded to persons of the human kind. It took until 1920 for women to get voting rights, that is, the ability to affect the political process that every adult person enjoys. It took more than 100 years for human beings with African ancestry to be recognized as persons with the Civil Rights Act of 1965. The rights of workers to organize are only sporadically recognized even today.

Part of the unequal protection of which Hartmann writes is a function of corporate wealth which, in effect, buys favorable legislation. And part is the absurdity of legally equating corporate persons with natural persons:

<> natural persons have the strength of one; corporate persons can have the strength of millions;
<> natural persons are expected to operate under moral constraints; corporations are expected to make money;
<> natural persons eventually die; corporations are expected to outlive their founders, theoretically forever;
<> natural persons can be convicted of murder and executed; it is rare that a corporation convicted of causing death has its charter revoked;
<> natural persons pay taxes; most major corporations are net tax receivers;
<> natural persons reside in a country; corporations can reside in any country, or no country, and can change residence (usually to evade taxes) overnight;
<> natural persons can give money to politicians; corporations can give millions to politicians;
<> natural persons can't own other persons; corporations can own other corporations;
<> natural persons can vote; corporations can't vote - yet.

So what would happen if corporations were deprived of the "personhood" they were erroneously granted in the first place? Corporations might start acting like good citizens, looking out for the community in which they do business, obeying laws, paying taxes, keeping the environment clean, paying a living wage... Any number of good things can happen: corporations would have no rights, only privileges designated by the state in which they are chartered. And because they would exist at the pleasure of a government created by human beings, they would be held accountable to the public or lose their "life" (their charter). Right now, only unions, churches, unincorporated businesses, partnerships and even governments have privileges rather than corporate rights. Yet all seem to be thriving without being defined as "persons" under the law.

Unequal Protection includes a chapter (3) on the first anti-corporate protest: the Boston Tea Party, which was actually a protest against the (British) East India Company. The book concludes with a hopeful section on "Restoring Democracy as the Founders Imagined It." What Hartmann may be saying is that perhaps it's time that we get back a little power for the people.

PRO-DEMOCRACY, HISTORICAL ANALYSIS OF CORPORATE TYRANNY
Thom Hartmann's Unequal Protection: The rise of corporate dominance and theft of human rights could have served as a model for Thomas Jefferson on how America's corporations should have been controlled by the U.S. Constitution. Jefferson sent recommendations, such as including a bill of rights, in letters from Paris to James Madison who was at the constitutional convention in Philadelphia in 1789. If Jefferson could have anticipated that America's corporate genie would some day take over the whole country, he might have passed Hartmann's suggestions on to Madison for putting the genie back into its bottle. At the turn of almost every page of Unequal Protection, there is an undercurrent of restoring Jefferson's dream of an egalitarian democracy, now being usurped by giant corporations in America.

The Introduction to Hartmann's book tells us, " ... [it] is about the difference between humans and the corporations we humans have created. The story goes back to the birth of the United States ... this book is about values and beliefs ... I'm visiting stories of democracy and corporate personhood ... (It's amazing what we don't learn about in school) ... I'm suggesting we should put corporations into their rightful context and place ..." The Prologue concludes, "In Pennsylvania's Thompson Township, the Chairman of the elected township supervisors, Bruce Bevins said, 'A person is a living thing and a corporation is not." These are the first shots in a new American Revolution, one that will be fought with petitions and votes instead of guns and troops. It's a revolution to win back democracy."

Possibly the best part of this book is saved for last: Part 4: Restoring Democracy As The Founders Imagined It. This is not a Pollyanna collection of feel good, social action proposals but rather hard nosed, practical remedies for using the political and legal American institutions that exist. The recommendations, collected in the appendix, are backed up by well organized, factual information aimed at legally removing personhood from corporations. Filling over fifty pages with interesting and useful information, the appendix appropriately begins with a Postscript that is a verbatim quote of the 1936 acceptance speech in Philadelphia by Franklin Delano Roosevelt upon his nomination for President by the Democratic party. Back then, Roosevelt tried raising the alarm about the "New kingdoms" built upon concentration of control over material things. "Through new uses of corporations, banks and securities - all undreamed of by the [Founding] Fathers - the whole structure of modern life has been impressed into this 'royal' service," he warned.

With Unequal Protection, Hartmann has written an important book that deserves to be taken seriously. Even those who consider themselves well read will learn a great deal about the hitherto not well described, but fascinating history of the rise of American corporations. Also, those who value democracy and detest corporate tyranny have to read this book for learning how to reestablish the government for and by the people within our society as was originally intended by the Founders.

Should Corporations be able to Vote?
Prior to the first century no court applied constitutional rights for corporations. In 1886, Santa Clara County verses Pacific Railroad, in a head note explain the case the author implied that "corporations were persons" as a reason for the court administering a 25 dollar fine to the corporation. The foundation for "personhood" gave rise too a constitutional claim of equal protection of the law for corporations. Using this precedence, Corporations were quick to fight for constitutional protections for 1. Free speech (1st amendment) 2. privacy protection (10th amendment) 3. Freedom from search and seizure (fourth amendment) 4. double jeopardy (5th amendment) 5. Self-incrimination (5th amendment) 6. and anti-discriminations (14th amendment). It seem corporations had done the impossible, they had received the same scrutiny or equal protection as race. Over the century, the vast number of 14th amendment cases has been equal protection claims against anti-discrimination policies for corporations. Corporations have established civil liberties and constitutional rights protected by law.

So why not let the corporation vote? One could argue, in a republican form of government a small governing body holds representation of power and decision-making; so, why not let corporations vote? Corporations represent the wealth, resources, and jobs of America. Further one may observe that the vested interests of the corporation could be represented, if they were given a vote. So why have corporation not been given the power to vote?

If corporations received the same protection as a person the democratic process would be destroyed. Apparently the founding fathers did not want to give corporations this level of power over the people, so no constitutional provision or implication was made to give corporations an elective vote for selection of a candidate or local law. Do corporation remain powerless or silent on this issue of voting constraint?

Corporations vote with money. In an election year politicians receive tens of millions of dollars to their party, which in my opinion is a loophole. Political campaigns were designed too be limited in the contribution amounts to safeguard against buying an election.

The magnitude of financial difference between corporate donations and people donations is staggering. Persons give hundreds or thousands of dollars too politicians, whereas, corporations give millions to politicians. This allows corporations too buy favorable legislation manipulation. However, the people still have the power too elect their government officials and this fundamental power gives the people the ability too prevent government representatives from being completely controlled by the corporations. If the elected official performs contrary to the people opinion they have the right the next election to select a different representative. The people have the power to select their representatives. The representatives have the obligation to listen to the interest for the people. The representatives are too account for good and moral decisions, while in office. It is the job of the people are too voice their concern, as poor legislation becomes law.
However, once in office, special interest lobbying applies pressure too government representatives for support to their viewpoints. These viewpoints may not be confined to America. Since, corporations are global entities and represent global interests, corporations can own more than one corporation; corporations often campaign for inter-continental interests in their campaign for rights, interests, and support with the government representatives. These corporations can span multiple countries, whereas, a citizen must reside in one country. The fact that corporations can represent viewpoints for various countries and receive legal and political recognition, as a person in this country seems grants foreigners a new level of leverage with the American political process.

If corporations have constitutional rights, do they have responsibilities to other citizens? Corporations have migrated from state privileges to constitutional rights. Corporations are expected to act like good citizens: pay taxes, obey the laws, keep the environment clean, and pay a living. Citizens are expected to operate under moral constraints, whereas, corporations are expected to make money. A corporation is not expected to operate on moral constraints. What that means is the corporation may apply force since no moral guardian stands in the way from them achieving their goal of profits. If no legal constraint exists, the corporation plows forward to make money without consideration of any moral constraint. For example, the liberal media corporations claim the right to freedom of expression. This means the corporation is free to sell media with high levels of sexual content, violence, and degrading morality. The impact can span generations. The selling of produce can span many decades because a corporation exists in perpetuity.

The produce is subject to taxation, protection under copyright law, and free commerce between states and other nations. Laws and regulations force the media companies too have movie content rated. Since companies have similar protections as persons, the first amendment rights extend too the corporation.
The first amendment includes prohibitions against the government from censoring speech and freedom of expression and this gives the corporation a tremendous liberty to sponsor lascivious and immoral content in movies.

How Corporations Came to Rule
How is it that corporations have come to exert so much power and influence over our everyday lives, to have rights and privileges unavailable to individuals, to take so much from, and return so little to, the general wealth both of this country and the rest of the world?
Thom Hartmann traces the history of corporations from their Elizabethian inception in the East India Company to the present; he describes in some detail the changes in the relationship among corporations, their governmental patrons and their societal prey. Historically corporations were granted charters by governments subject to their being monitored, controlled and mandated to provide for the general good in exchange for specific commissions and concessions. In America's early history, this principle was understood and effectively implemented to control the excesses of corporate behavior. Then in 1886, the US Supreme Court ruled on arguments in the case of Santa Clara County[CA] v Southern Pacific Railway. A clerical misstatement in the court reporter's notes, separate and distinct from the formal decision, led to the interpretation that the Bill of Rights was intended to apply to corporations, not just individual human beings. Although Jefferson had cautioned specifically against the power of corporations unrestrained, thenceforth their lawyers have succeeded in prizing successively greater concessions from and precedences over the rights of individuals.
Acceptance of corporations as 'persons', entitled to the same rights and restrictions as human beings, has come to be capriciously applied. Corporations buy, sell, trade, dismember, even kill other corporations - the corporate equivalent of slavery - without being held accountable as they would if corporations were human beings. There are other glaring inconsistencies in the logic of corporate 'personhood' but our law is governed more by precedent, than by logic, or common sense. Once entrenched and established, no matter how egregiously erroneous, the tradition of corporate personhood would take an act of Congress, or an amendment to the Constitution, to rectify the mistake.
There are a number of fallacies in the assignment of 'person' status to fictitious, fictional entities such as corporations. A principal function of good government is to level the playing field between the weak and powerful, to protect the weak from the predatory ravages of the strong. Although all 'men' are presumed equal, in rights if not in innate abilities, corporations are clearly, intrinsically, manifestly vastly more powerful than any one man or small group of men. As Hartmann shows, this difference in power is important yet our present governance fails utterly to protect the populace from the ravages of corporate rapacity and indifference to the plights of its victims.
Although the purpose of government is to provide for the general good, while minimizing harm to the weak and minority interests, the purpose of corporations is to accumulate wealth for its management and stockholders without regard to the source of that wealth. The wealth of a few individuals is not coincident with the general good. Nor are the managers and stockholders of a concern, a tiny subset of the general populace, coincident with the general population. Thus the purposes of good government in general do not coincide, indeed are often at odds, with the purposes of any given corporation.
Further, the activities of corporations in the aggregate - concentrating and focussing wealth for their individual stockholders by taking it from the general population - does not result in general good for the population. The myth that entities acting in unrestrained pursuit of their self-interests somehow produce the greater general good is amply disproven by the history of the American experiment. Rather the general wealth and good is redistributed, concentrated and focused to the benefit of the most powerful and the detriment of the least. Left to themselves, corporations parasitize the general population, suck the wealth out of it for corporate gain while often degrading the environment and denuding the resources employed to accumulate that gain. Corporatism results not in shared wellbeing for the general population but concentrated and focussed wellbeing for a few in a sea of general deprivation.
In other chapters, Hartmann describes the effect of Free Trade and the supranational World Trade Organization: to ravage national economies for the benefit of Corporations, to degrade the wellbeing of the middle class and workers in developed countries, only minimally to improve that of those in developing countries, while enriching the beneficiaries of corporations. Wealth and wellbeing are transferred from those who need it, to those who have it already.
Mussolini defined fascism as the merger of state and corporate power. It appears that America, indeed the entire planet, is well on its way to becoming a fascist state. Ruled by corporations, our 'elected' leaders and representatives are beholden and accountable principally to the interests of their various corporate contributors, only secondarily to the public. It is perhaps ironic that Hartmann, a self-confessed 'founder and former CEO of seven corporations that have generated over a quarter billion dollars in revenue', concludes this fascinating book with proposed grass-roots intiatives to unravel the tangled skein of corporate dominance. He offers no alternatives to the corporate model for the management of production and the distribution of wealth and wellbeing. Rather he advocates the return of effective control and regulation of corporations to the people, making them less the victims of corporations and more their overseers and regulators; and he and offers model actions to be pursued at the local level. But the present processes of government from legislatures to the courts are seemingly similarly enthralled to business interests intent on maximizing profit, not the general welfare. Whether or to what extent anything can be done to reverse this state of affairs is unclear. Readers will be provoked to wonder whether there are other means of advancing the general good and wellbeing than increasing the disparity in both for the general populations. Rather than a definitive solution to the problem of corporatism, this book provides a clear, readable and provocative depiction of the extent of that overwhelming problem.
...

The Ascent of the Artificial Person
The story that Hartmann tells is one that everyone should know, but nobody does: how the corporation came to have the power it now has as an institution in the United States. Normally, when activists or the general public confront the sheer, imposing bulk of the corporatocracy, we get diagnoses of greed and corruption, with antidotes of regulation or resignation. But what Hartmann uncovers is the very specific LEGAL history of how corporations came into being in their modern incarnation. There are a handful of pivotal Supreme Court decisions that laid the tracks for the freight trains of abuse and audacity that then rolled on through, and all over regular citizens.

This is a very important insight. Since the corporation's power is fairly narrowly and legally based, it can be undone as well. The notion that we can regulate big companies into being good "corporate citizens" is nonsense if we don't withdraw the legal basis of their recognized rights. Constitutional protections should be for natural citizens only, period. We should be able to hold corporations to whatever standards we want, since they are simply artificial profit-machines with no inherent legal standing vis-a-vis the rights of natural citizens.

As always, Hartmann's writing is engaging, precise, and exciting. Buy this book!! ... Read more

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"Like most small business owners, you probably can't afford to hire a lawyer to draft the legal documents you need in the course of your day-to-day business. Now there's an affordable solution -- Legal Forms for Starting & Running a Small Business, which provides you with over 60 legal forms and documents and all the step-by-step instructions you need to use them.This collection of essential legal and business documents helps you:create contracts to buy, sell, rent or store goodshire employees and independent contractorsprotect your trade secretscreate noncompete agreementsborrow and lend money buy a business lease commercial spaceprepare corporate bylawsrecord minutes of meetingsbuy real estateand much more The 3rd edition is completely updated with the latest legal documents, contracts and other forms, and includes a new checklist to help you through the start-up process. List of Forms Forming Your Business Checklist for Starting a Small Business Partnership Agreement Pre-Incorporation Agreement Corporate Bylaws Stock Agreement LLC Operating Agreement for Single-Member LLCRunning Your Corporation Notice of Shareholders' Meeting Notice of Directors' Meeting Shareholder Proxy Minutes of Shareholders' Meeting Minutes of Directors' Meeting Minutes of Telephone Conference Meeting Consent of Shareholders Consent of DirectorsBorrowing Money Promissory Note (Amortized Monthly Payments) Promissory Note (Balloon Payment) Promissory Note (Interest-Only Payments) Promissory Note (Lump-Sum Payment) Security Agreement for Borrowing MoneyBuying or Selling a Business Contract for Purchase of Business Assets From an Unincorporated Business Contract for Purchase of Business Assets From a Corporation Corporate Resolution Authorizing Sale of Assets Contract for Purchase of Corporate Stock Bill of Sale for Business Assets Seller's Affidavit: No Creditors Security Agreement for Buying Business AssetsLeasing Space Gross Lease Net Lease for Entire Building Net Lease for Part of Building Sublease Landlord's Consent to Sublease Assignment of Lease Notice of Exercise of Lease Option Extension of Lease Amendment to Lease Attachment to LeasePurchasing and Improving Real Estate Contract to Purchase Building Option to Purchase Building Contract to Purchase Vacant Land Option to Purchase Vacant Land Attachment to Real Estate Purchase Contract From opening day to tax day, this is the all-in-one book you need!Small business owners are regularly confronted by a bewildering array of legal questions and problems. Ignoring them can lead to disaster -- but with lawyers typically charging $150-$250 an hour, calling one to answer routine legal questions can be a fast track to the poorhouse.Fortunately, you have a better alternative. Legal Guide for Starting & Running a Small Business clearly explains the practical and legal information you need to:-raise start-up money-choose between a sole proprietorship, partnership or LLC-get licenses and permits-buy or sell a business or franchise-negotiate a favorable lease-insure your business-hire independent contractors safely-understand small business tax rules-pick and protect a good name-resolve legal disputes-adopt the best customer policies-enter into strong contracts-cope with financial problems The 8th edition is completely updated and revised to provide the latest regulations, tax numbers and business realities. It also provides expanded information on preparing a business plan, a summary of the new overtime pay rules, changes to home business tax rules -- and much more." ... Read more

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In the wake of environmental disasters such as the mercury poisonings in Minamata in the 1950s, a culturalist view of Japan as being in the thrall of weak legal consciousness and consumerism has persisted. This volume contests that view by reassessing Japanese product liability law and practice in a global context, comparing it with law in the European Union, United States and Australia. The still-birth of product liability in the 1970s is contrasted with its rebirth in the late 1980s, and its pervasive impact throughout the 1990s is gauged at various levels, concluding that new processes are emerging in Japan, as in other complex industrialized democracies, which render product safety regulation more private and product liability more public. ... Read more

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Galleries, dealers, and artists' reps who need to understand the law to deal successfully with business issues faced every day in their field can rely on this dependable, updated edition for complete guidance. Written by an esteemed arts lawyer and lecturer, the book covers all legal aspects of a gallery business from trademarks and copyright to contracts, consignments, taxes, product liability, advertising, catalog sales, and customer relations saving the reader thousands of dollars in attorney's fees. The author also advises how to find a good lawyer if one is needed. ... Read more

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Avoid costly litgation!

You'll want to keep this user-friendly overview of legal issues on your desk at all times! This is the only complete "how-to" guide and overview of legal issues you face as a consultant. You'll learn how to make sense of legal jargon and a variety of contracts as well as learn when to seek out the advice of legal counsel and when to walk away from losing relationships. This book isn't intended to replace competent legal advice-rather it is a time- and cost-effective means to understand legal issues before pursuing legal.

Includes a diskette with useful tools, sample forms, checklists, and links to technology-based resources.

"I beg you, do not start your own consulting business without first reading The Consultant's Legal Guide. And if you already have, read it now! I assure you that when you put into practice the sound advice of Elaine Biech and Linda Byars Swindling you will save yourself the heartache and headache of needless legal hassels...The Consultant's Legal Guide will help you every day of your business life."
--James M. Kouzes, chairman, Tom Peters Group/Learning Systems, co-author of The Leadership Challenge and Encouraging the Heart

"A great flight plan to avoid turbulence...Whether you are a consultant or the CEO of a Fortune 500 company, this book should be on your desk for a reference in so many areas."
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"A well thought out, practical approach to dealing effectively with lawyers and other consultants. If followed, it should help all parties be better prepared and do a better job."
--Rita Reuss, attorney, former vice president, Land O' Lakes

"The Consultant's Legal Guide is better than an MBA in business relationships. Clear, concise, thoughtful and thorough. . .after reading this book, consultants will sleep better at night!"
--Pamela J. Schmidt, vic ... Read more

Reviews (3)

Nonprofit/charity sector consultants' reference book
This book is a well-crafted, easily readable treatment of an important topic for all consultants. The authors do an excellent job of stressing that consulting is a serious business without overwhelming readers with jargon and legal process.

The book's sixteen chapters cover basic and advanced topics, from retaining an attorney BEFORE starting a consulting practice to how to handle the legal problems that may come up despite the consultant's best efforts to avoid them through good planning. Concise narrative, entertaining case studies, and solid analysis are interspersed with examples of contracts and forms a consultant can use in their own practice.

The contracts and forms discussed and shown in the book are also included in a 3.5" floppy disk. The documents on the single PC-formatted diskette are stored in Word 6.0/95 format.

One of my personal pet peeves is sole-practitioner consultants who do not treat their consulting practice as a business. The first few chapters of the book address all the contracts, agreements, and situations that a consultant faces before dealing with a client -- leasing office space, contracting for insurance, banking, telephone, advertising, and other services. It's a useful reminder that a consultancy is more than a one-man-band, and that "being your own boss" involves significant responsibility and risk as well as significant freedom and personal satisfaction.

The chapter that discusses working with nonprofit clients is written from a for-profit perspective; the stereotypical case studies center on agencies with no budgets and volunteers making promises and representations the board can't or won't honor. This is unfortunate, since most nonprofits, like their for-profit brethren, are fiscally sound, responsible corporations that can and do retain consultants in a businesslike way and compensate them based on their value.

Whether you're a novice or experienced consultant, The Consultant's Legal Guide is valuable as both a tutorial and a reference/resource work to help your practice succeed.

-- Table of Contents -- Introduction -- Selecting an Attorney -- The Relationship of Ethics and the Law -- Setting Up a Consulting Practice -- Starting Your Office -- Contracts and the Law -- Employment Issues -- Working with Other Consultants -- Client Issues -- Clients Outside the Corporate Arena -- Unique Consulting Situations -- Protecting Work Product, Trade Secrets, and Intellectual Property -- Giving Credit Where Credit is Due -- Protecting Assets Through Insurance -- Buying or Selling a Consulting Practice -- Avoiding Legal Problems -- What to do When You Have a Legal Problem -- Glossary -- Index

Don't even think about calling your lawyer....
As a consultant, don't even think about calling your lawyer without having read this book first. Unless you like to pay legal fees, this book will prepare you to get much more input for less money from your attorney. Plus it will show you how to run your practice more effectively, and efficiently while protecting your intellectual property rights. No matter how many books you have read on consulting, this book plows new territory. A must for any consultant's library.

very comprehensive. Could save you a bundle of money.
She covers it all--could be worth many times over the price by one preventative measure in how you handle your consulting practice. ... Read more

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Read THIS BOOK before you submit a schedule contract!
This is a very thorough book that seems to cover almost every aspect of Multiple Award Schedule contracting. If you are a small business and are even considering applying for a MAS contract, you have got to read this book FIRST. There are so many potential pitfalls associated with Schedule Contracting and you need to go into the process with open eyes.

I was going to submit a MAS contract proposal, and after reading this book, I am having serious second thoughts about doing so. Which is not to say that you might not find the right opportunity to do business with the government. Just do it with a complete understanding that this book seems to provide about everything involved before, during and after a GSA Schedule contract. ... Read more

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An easy read, but a bit out of date
I had to read this for a class and found it easy to read, but really out of date. Although revised in December of 2001, there is so much it left out in terms of changes in technology and 911 (and yes, these things do apply to Economics!) that I wonder how thoroughly it was updated.

If you're buying it, most probably you have to. Ask your professor to find a more current edition, but one that's as interesting and easy a read as this one, and you'll do fine in your Eco class!

Best book on employment law out there!
This book makes a dry subject interesting and understandable. It is packed full of useful information. ... Read more