Monday, July 4, 2022
Stefan's Independence Day post is far more erudite than mine. Kudos and thanks to him for the substantive legal content. This post covers more of a teaching point--one that I often think about in the background but want to being to the fore here.
I am focused in writing this on things like family reunions, local holiday festivities, grilling out, and fireworks. It has been a rocky road to the Fourth in these and other aspects this year. Overlapping causes can easily be identified. As if the continuing COVID-19 nightmare were not enough . . . .
I will start with COVID-19, however. I have heard of many who are missing family and other events this weekend because of positive COVID-19 diagnoses, test results, or exposures. I was sad to learn, for example, that Martina Navratilova had to miss the historic Wimbledon centennial celebration, including the Parade of Champions, yesterday. But there is more.
The air travel debacles have been well publicized. Weather, labor shortages, and other issues contribute to the flight changes and cancellations airlines need to make on this very popular travel weekend--expected to set records. And gas prices have stymied the trips of some by land (again, at a time during which travel was expected to be booming), although news of some price drops in advance of the weekend was certainly welcomed. Even for those who are well and able to travel to spend holiday time with family, it has been a challenge.
The cost of your cookout this year also may be higher, should you choose to have one. Supply chain turmoils and the effects of inflation and the war in Ukraine all are listed as contributing factors. (The linked article does note that strawberries are a good buy, nevertheless, which is welcome news to me.)
And yes, fireworks displays also have been disrupted. The causes include both concerns about weather (dry conditions and flammables do not mix well!) as well as the impact of labor shortages, inflation, and other factors influencing the supply of goods. Of course, there also is a high demand for fireworks in the re-opened socio-economic environment. All have been widely reported. See here, here, here, and here.
These holiday weekend disappointments create personal strife. But why should a business law prof care about all of this?
I find that stepping back and looking at the state of business at given times can be instructive in reflecting on the ways in which business law policy, theory, and doctrine do and should operate in practice. In an inflationary period with labor shortages, what profit-seeking business would not be looking at customers, clients, and employees as an important constituencies? In an era of supply chain dislocations, what business managers would not be focused on strong, positive relationships with those who sell them goods and services significant to their business? And, of course, with investment returns of direct and indirect import to the continued supply of funding to business ventures, firms need to pay heed to investor concerns. Note how these observations allow for commentary on principles of/underlying contract law, contract drafting, securities regulation, fiduciary duty in (and other elements of) business associations law, insurance law, and more.
Looking at legal theory, policy, and doctrine in practical contexts can useful to a business law prof for teaching, scholarship, and service--depending on the nature of a person's appointment and the institution at which the prof teaches. The current Fourth of July woes are but one example of how those connections can be made. But I want to invite folks to make them, especially in their teaching--in current courses (if you are teaching over the summer) and in fall and spring course planning, which I know many folks are now doing.
In closing, I send sympathetic vibes to all who had plans foiled by (or who decided to have a "staycation" and avoid) some or all of the holiday weekend dislocations I highlight in this post. I hope you found joy in your Independence Day weekend nonetheless.