The Functions and Role of Law in Business and Society: Case Study of Cipollone vs. Liggett Group Inc

The functions and role of law in business and society are vast and must be narrowed down for better understanding. Law is important to businesses because it not only protects the business but it gives the business guidelines to follow to ensure fair dealing and also reliability of business transactions. It important that a business understand that there are rules that must be followed when conducting day-to-day transactions and they will be held accountable for their actions. Law regulates society by also holding individuals accountable for their actions. The law essentially defines the rules and also defines what happens if the rules are broken by an individual or business.

Food and drug administration is a department of U.S health and human services. It’s responsibility is to test the safety and efficacy of new drugs entering the market as well as to make sure that these medicines are quickly accessible to people. The Food, Drug, and Cosmetic Act has been passed in 1938 to ensure that foods other than meat, poultry and fish are clinically hygienic and safe to eat. This act also requires that the food should be labelled according to its content. (FDA.org) Drugs and tobacco are also regulated by FDA and in 1996, FDA strictly regulated the use of tobacco products like nicotine, cigarettes and smokeless tobacco, by children and adolescents because of the increase in diseases prevalence and tobacco addiction. Annually 40000 deaths are attributable to its use and most of them are of premature. Therefore the goal of FDA is to stop the tobacco addiction by minors and prevent the deaths and diseases due to nicotine addiction. (FDA vs Brown, n.d) This essay will cover the food and drug administration’s role in under and over regulating drugs and medicines and how it effects our economy, health care system and patients health and safety.

Since the first major lawsuit settled against tobacco companies in 1998, there has been much controversy over whether or not these lawsuits are justified. On the pro side of the argument there is much evidence to support that the tobacco industries have long known about the dangers of cigarette smoking. Furthermore that this knowledge warrants the need for compensation. In addition the industry has concealed this knowledge from the public. On the con side of the argument evidence shows that these lawsuits have been based on false claims primarily in regard to health care costs for smokers. Furthermore, the regulations set by the settlement of the 1998 multistate lawsuit have established a legal president which allows individuals

Elizabeth Blackwell showed herself as a dedicated and diligent doctor during five years of work in Neurological Associates, and made a significant contribution to the profit margin of the partnership. The partners were delighted with hiring Blackwell in 2005 and they introduced her to medical physicians at a conference. But the referral base Blackwell went through was not the result of that investment by the partnership but instead it was the evidence of her professionalism in neurological sphere.

A recent ruling by the Supreme Court of Canada on the subject of smoking is the main topic of my articles. The landmark ruling made on September 30th gives the province of British Columbia ammunition against big tobacco companies. "The decision allows British Columbia to sue tobacco companies for damages related to smoking-related health care costs dating back 50 years" (Bell Globalmedia Inc [BGMI], 2005). Many expect the ruling in BC will act as a model for other provinces to follow suit. The resulting lawsuits could potentially cost Canadian tobacco companies like Benson & Hedges, Imperial Tobacco, and Rothmans hundreds of billions of dollars. Similar

|Readings |Read Ch. 1, 2, 3, 4, & 25 of The Legal Environment of Business. | | |

The Tobacco Products Control Act of 1989 sought to impose restrictions on the promotion of tobacco products. These restrictions concerned limitations in three commercial categories: advertisement, promotion, and labelling. Under the Act, tobacco products cannot be advertised, and products must be labeled with viable health warnings and a list of toxins. The packaging must be minimal, as to not be ostentatious to persuade Canadians from buying. Furthermore, the Act would prohibit the distribution of free samples. Appellants RJR-Macdonald Inc. dissented, stating the Act was a direct infringement upon the Charter’s s.2 freedom of expression clause, and appellant Imperial Tobacco Ltd. further dissented.

The legal profession has been around for a long time, as it is one of the oldest information professions . The service it provides is essential, as it

Kate is the owner of a successful business, selling women’s shoes. Her business is expanding fast and she wants to upgrade her business structure to a more appropriate one. What would be your recommendation to Kate and why? What are the factors that influence you with this advice?

With the looming possibility of the implementation of plain packaging on cigarette cases, the lobbyist involved uses certain facts to shed light on the seemingly hidden implications of the plain packaging policy. The main concern of the lobbyist and the advantage point lies within the state of unawareness the majority of the population is left in. The lobbyist essentially claims that the plain packaging policy has no proof of being an effective way of diminishing the smoking population. Though the lobbyist asserts that it is invalid, this research essay will introduce compelling evidence and experimental data that suggests the notion behind the plain packaging policy is actually an efficient method for minimizing the popularity of smoking. This paper will also include opposing point of views that argue otherwise and the issue with their allegations. Before analyzing academic sources that convey the effectiveness of plain packaging, it is crucial to have an understanding of what plain packaging is and how it works.

In 2001, there was an argument by the government of India trying to decide whether or not it was a good idea to ban all advertising from the tobacco industry. The government’s main goal was to find a way to reduce the number of teenagers using tobacco. The government believed that these advertisements encouraged teens to start smoking or to continue smoking if they were doing it already. As expected, this situation created a lot of tension between the government and the tobacco industry. This created two sides: those in favor of the ban, and those against it.

Fortunately, the tobacco industry's behavior is likely to change due to the increasing legal and societal pressures. Much legislation has been imposed to tobacco firms based on codes of behavior, different government strategies and litigations, especially after 1980 where anti-smoking groups reactions, led to higher restrictions throughout

William O. Douglas said, “Common sense often makes good law.” Well that is what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions.

The subject of the research is the law applicable in international commercial arbitration. The paper will first deal with the law applicable to arbitration agreement. Secondly, the question of determination of law applicable to the merits of the dispute will be brought up including the case when the intention of the parties can be found and the situation when there is absence of the choice of law made by the parties. The significance of the selected research topic can be explained by the fact that international commercial arbitral proceedings is widely used by the parties of commercial transactions as the effective method of dispute settlement and the issue of applicable law to the merits of the dispute is one of the main which the arbitral tribunal has to decide.

THE GIVEN PROJECT ON “CLASSIFICATION OF LAW” BASICALLY DEALS WITH THE BASIS ON WHICH LAWS HAVE BEEN CLASSIFIED, WHAT ARE THE VARIOUS SUB LAWS WHICH COMES UNDER IT. IN THIS VARIOUS DEFINITIONS HAVE BEEN USED GIVEN BY VARIOUS FAMOUS SCHOLARS AND JURISTS.IT STARTS WITH INTRODUCTION PAGE WHICH DEALS WITH THE SHORT VIEWS ON AND REASONS FOR CLASSIFICATION OF LAW.IN THE LATER PART THAT IS BODY LAWS HAVE BEEN CLASSIFIED AND DISCUSSED IN DETAIL.AND AT THE LAST CONCLUSION HAS BEEN GIVEN ABOUT AMBIGUITY BEING FACED IN CLASSIFYING THE LAW.