William & Mary Business Law Review


The traditional fact-sensitive managerial analysis with law analyzes business situations to identify legal issues and applies legal rules to facts to make judicial decisions. The fact-sensitive managerial analysis takes decades to identify a family of business situations and lacks the analytical capacity to use business knowledge (concepts) and analytical methods to identify business situations. Alternatively, a concept-sensitive managerial analysis with law increases factual sensitivity by applying a business concept to a legal rule to shorten the duration of identifying an extensive family of business situations. All situations are not useful or effective when making business decisions or managing a business. Consequently, the concept-sensitive managerial analysis with law uses managerial discretion and analysis to identify situations in which known regulatory, economic, and other factors constrain managers’ latitude in making business decisions. In other words, one or more situations include a business opportunity or contain a business problem that supports the need to initiate business decision making. Finally, the concept-sensitive managerial analysis with law supports business decision making that uses business information and methods and concurrently engages legal analysis and reasoning to determine legal obligations in ultimately making a useful and lawful decision.