"BADM 350 - The Legal Environment of Business"
University of South Dakota School of Business BADM 350 - The Legal Environment of Business Section U025 Fall 2006 The School of Business Statement of Mission We are a community of scholars and practitioners committed to superior undergraduate and graduate business programs accredited by AACSB International. We emphasize excellence in teaching, promote intellectual exchange and development, and advocate continuous learning reflecting a dynamic global environment. Our services deliver value to our students, the university, business disciplines, and society. Course Description: BADM 350 - Legal Environment of Business, three (3) credit hours. Legal Environment of Business is the study of legal topics as they apply to the business environment. Topics include an introduction to the law, the U.S. Court system, legal process, government regulation, and criminal, tort and contract issues. Faculty: De Vee Dykstra, J.D., M.B.A. Office Phone: 677-5894 or 677-5455 Office FAX: 677-5427 Office: Patterson Hall, Room 211 E-Mail: firstname.lastname@example.org Web Address: www.usd.edu/~ddykstra Office Hours: Mondays 11:00-noon and 2:00-4:00pm Thursdays 10:00-noon Fridays 11:00-noon By appointment Course Time and Location: Section U025 MWF 10:00-10:50am Patterson Hall, Room 202 Class begins on August 30th and ends December 13th. Please note that there will not be class on Monday, September 4th, Monday, October 9th, Friday, November 10th, and Friday, November 24th. The final is scheduled for Wednesday, December 13, from 10:00am to 12:00pm (noon). Do not expect the final examination time to be changed unless you have another examination scheduled for the same day and time or four examinations that day. As a result, make your plans accordingly. 1 Add/Drop Dates: If your tuition bill is not paid by the due date, the Registrar will drop you from this course. You will not be allowed to re-enter the class until the next semester this course is offered. The last day to drop this course without paying for it in full is Thursday, September 7th. Earlier submission of forms is encouraged. The last day to withdraw from this course with a “W” is Monday, November 13, 2006. Please Note: This course is available to all students who have been accepted into a major in the School of Business. Students should also be of Junior standing. If you have not yet been accepted or are taking this course for other reasons, you must complete a waiver form (forms are available in the Student Services Center, Room 104) and return it to the instructor or the Student Services Center by Tuesday, September 5. If there are problems relating to your enrollment in this course, you will be notified by Wednesday, September 6. If you have not submitted a waiver form by Wednesday, September 6, you may be dropped from the course at your expense. (*Graduate students taking courses as prerequisites or electives are excluded from the waiver program.) Text: Business: Its Legal, Ethical, and Global Environment, by Marianne M. Jennings, 7th ed., 2006. The text is required and must be brought to all class sessions. The text may be purchased at either Barnes and Noble or Dakota Textbook Co. There is a study guide that accompanies this text available for purchase entitled Business: Its Legal, Ethical, and Global Environment. The study guide is optional. Course Goal: The goal of this course is to provide the student with a comprehensive introduction to the American legal system. Emphasis is placed on those topics which are particularly relevant to business transactions. Course Objectives: There are three essential objectives and six important objectives for this course. Essential Course Objectives: Students will 1) Gain factual knowledge, specifically – a) Terminology of law and ethics, b) Importance of high ethical standards in business decision making, c) Sources and classifications of law, theories of ethics, and types of ethical dilemmas, d) Methods for resolving ethical dilemmas, e) Legal responsibilities and liabilities in the areas of contracts, crimes, torts, employment law, and product liability law, and f) Trends in social and ethical responsibilities of business. 2) Learn fundamental principles and theories of law and ethics, e.g., the American legal and political systems. This includes understanding and describing the civil and criminal litigation processes, the basic structure of the state and federal governments, and a basic understanding of the federal constitution. 3) Learn to apply course material, specifically the applications of law in business decision making and models for resolving ethical dilemmas. 2 Important Course Objectives: Students will 1) Be able to describe how a business operates within the American legal framework. 2) Develop critical thinking skills, which includes the ability to evaluate the criteria used to assess the quality of the legal reasoning process. 3) Be able to demonstrate an understanding of their social responsibilities while engaged in business. This requires students to have an ability to apply representative legal theories when resolving business problems. 4) Develop qualitative problem solving skills. 5) Demonstrate an appreciation of the advantages and disadvantages of resolving disputes within the American legal system. 6) Be able to demonstrate their understanding of social awareness and social responsibility. Student Responsibilities: Exams One and Two (100 points each) 200 Current Legal Issue 50 Environment Project 50 Intellectual Property Assignment 50 Quizzes/Homework Questions 50 Class Participation 25 Final Exam 150 Total 575 points Grading Scale: 518 or more points (90-100%) A 460 to 518 points (80-90%) B 403 to 460 points (70-80%) C 345 to 403 points (60-70%) D Less than 345 points (below 60%) F In borderline cases it is the prerogative of the professor to give the higher of the two possible grades if such student has evinced to this professor a sincere effort to learn the material covered in this course. Effort is evaluated, but not limited to, consideration of class attendance, class participation, and class preparation. Current Legal Issue: Each student is required to acquire and read one article on a current legal topic obtained from a reliable media source (e.g., The Wall Street Journal, Business Week, Newsweek, Time Magazine, etc.). The article is to be “current” which means the article must be published within one month from the due date of your paper. The student is to submit a copy of the article and a two page (minimum) typed paper which includes at a minimum the following points: 1) summary of the facts and issue(s) in the article, and 2) discussion and analysis of the article including: a) identification of fallacies, ambiguities and missing relevant information, b) impact the information in the article has for future business managers, and c) student’s opinion of the content of the article. NOTE: Failure to address the above points will result in a reduction to the student’s grade. 3 Students will be selected at random to discuss their article with the class. The assignments will be graded on quality of thought, critical analysis, organization (including addressing each required point), grammar, punctuation and spelling. (See Attachment A.) Please note the following due date: (No article will be accepted after its due date!) The Current Legal Issue is due on or before 5:00 pm on September 22. Environment Project: This project consists of four components. 1. Calculate your “carbon footprint” utilizing www.climatestar.org. 2. Use http://www.scorecard.org/ to examine your home zipcode, and compare it to one other location with "truly serious" environmental problems. 3. Over a two to three day period record the pollution you observe. Be sure to include the date, time, location, type and source of pollution you observe. 4. Write a report including the above information, a summary of your observations, and a description of two effective and realistic alternatives that may be used to reduce the pollution you observed. One alternative must address pollution generated by a business you observed and the second alternative is to address what a government or member of society may do to reduce the pollution you observed. This report should not exceed five pages. You are required to turn in your written report and the record of your observations. Students may be selected at random to discuss their reports with the class. The reports will be graded on quality of thought, critical analysis, organization (including addressing each required point), grammar, punctuation and spelling. (See Attachment A.) Please note the following due date: (No paper will be accepted after its due date!) The Environment Project is due on or before 5:00 pm on October 30. Intellectual Property Assignment: In this exercise, you will have the chance to see intellectual property (IP) applications. You will walk through several scenarios in which a business was affected by IP issues and determine what IP rights and protections exist in the situation. As you do so you will be able to develop some policies and guidelines for a business so that it can prevent infringement of its IP rights and any infringement of others' rights by its employees. You will be provided with a summary of a company and several scenarios. Read through each of the scenarios and decide which aspects of intellectual property are at issue. 1. Determine the rights of the parties in the scenario. 2. Determine what types of polices and guidelines a business would need to put into place to prevent the problems outlined in the scenario. 3. Write your answers to the scenario questions and prepare a draft of an Intellectual Property Policy. You are required to turn in your written analysis and IP draft. Be sure to address all of the above points. Students may be selected at random to discuss their work with the class. The written work will 4 be graded on quality of thought, critical analysis, organization (including addressing each required point), grammar, punctuation and spelling. (See Attachment A.) Please note the following due date: (No assignment will be accepted after its due date!) The Intellectual Property Assignment is due on or before 5:00 pm on November 20. Examinations: Three exams (2 during the semester and 1 final exam) will be given in this course. The exams may use both objective and essay questions. Exam Policy: University approved trips or hospitalization of the student generally are the only absences that will justify a make-up exam. You must notify me prior to an exam if you cannot take the exam at the scheduled time. You may leave a message with the Dean’s Office, on e-mail or on voice mail if I am not available. Failure to give prior notice of your absence will result in a zero for that exam. Failure to take two exams at the regularly scheduled time is an indication that you do not have adequate time or desire to properly prepare for this class and you should consider dropping the course. Additionally, please be sure to come physically prepared for the examination. This includes, at a minimum: getting enough rest, eating properly, proper hygiene, and going to the restroom before taking the test. Quizzes: Quizzes may be given each day of class. A minimum of 10 (ten) quizzes will be administered throughout the semester. Quizzes will be given the first five minutes of class and will be over the material assigned for the day. Makeups are not allowed. Daily Work Activity: Students are expected to come to class prepared to discuss the day’s assignment. Students are expected to complete the reading assigned from the text as well as any additional reading and discussion questions assigned for that class period. Students are responsible for reading all of the assignments. Some assigned chapters or material from those chapters may not be covered during lecture. It is the student’s responsibility to make sure these materials and all assigned chapters are mastered. Any problems, issues or questions from any of the assigned readings should be raised in class or during office hours. Students are required to be prepared to discuss cases and andy assigned discussion questions. Discussion questions from the end of the chapters may be assigned as homework. These may be collected for grading and discussed in class. Attendance Policy: Students are expected to attend all class sessions. Class attendance will be taken each class period. Students can miss four class periods, either excused or unexcused, with no grade penalty. The student’s final grade average will be reduced by twelve (12) points for each absence starting with the fifth absence, but not more than double that limit. Any student with more than eight cuts may be dropped from the course. At the professor’s discretion, she may suspend the application of the attendance policy in the event of a student’s extended illness or dire family emergency. Ethical Considerations: Ethical behavior is an important part of the course not only as it relates to business behavior but also as it relates to conducting one’s personal behavior. Consequently, students are expected to conduct themselves in an honest, dignified and professional manner. Such behavior includes respecting the rights of others and the diversity of other cultures, nationalities, and beliefs. 5 Dishonest Assignment: No credit can be given for a dishonest assignment. At the discretion of the instructor, a student caught engaging in any form of academic dishonesty may be: given a zero for that assignment, allowed to rewrite and resubmit the assignment for credit, assigned a reduced grade for the course, dropped from the course, or failed in the course. Plagiarism Policy: Plagiarism is defined as using the words and/or ideas of another representing them to be your own, without proper credit to the author or source. Plagiarism indicates a lack of respect for the work of others, ethical considerations and social responsibilities. This practice will not be tolerated. Plagiarism, either intentional or unintentional, will result in a grade of zero for the assignment. Because it is impossible to evaluate a plagiarized paper, no credit can be given. To avoid plagiarism, you must give credit whenever you use another person’s idea, opinion, or theory; any facts, statistics, graphs, drawings—any pieces of information—that are not common knowledge; quotations of another person’s actual spoken or written words; or paraphrase of another person’s spoken or written words (Writing Tutorial Services, Indiana University). If you have any questions or doubts regarding the appropriateness of citing a source or using a footnote please refer to a style manual such as MLA, APA, or Turabian. USD adheres to citation guidelines as prescribed by the particular discipline, (i.e., MLA, APA and Chicago Manual of Style or Turabian). All of these guidelines are available in the I.D. Weeks library or the bookstores. These texts outline how to cite references from a variety of sources, including the Internet. You are to use proper citation techniques for your paper. To learn more about citing sources appropriately go to the I.D. Weeks Library website:www.usd.edu/library/assessment_gateway/assessment/Decision_Skills/page11.htm For more information about MLA and APA, see the following websites. Modern Language Association (MLA) www.mla.org American Psychological Association (APA) www.apastyle.org *Both the MLA and the APA style manuals are available online at: www.usd.edu/library/writingguide.cfm. Freedom in Learning: Students are responsible for learning the content of any course of study in which they are enrolled. Under Board of Regents and University policy, student academic performance shall be evaluated solely on an academic basis and students should be free to take reasoned exception to the data or views offered in any course of study. Students who believe that an academic evaluation is unrelated to academic standards but is related instead to judgment of their personal opinion or conduct should contact the dean of the college which offers the class to initiate a review of the evaluation. Special Assistance or Needs: Any student who feels s/he may need academic accommodations or access accommodations based on the impact of a documented disability should contact and register with Disability Services during the first week of class. Disability Services is the official office to assist students through the process of disability verification and coordination of appropriate and reasonable accommodations. Students currently registered with Disability Services must obtain a new 6 accommodation memo each semester. For information contact: Ernetta L. Fox, Director, Disability Services, Room 119B Service Center, (605)677-6389, www.usd.edu/ds; email@example.com. Telephones and Pagers: Students are to disable all cellular telephones and audible pagers. Remember: Food and drinks are not allowed in the classrooms. This is a School of Business policy. About the Instructor: I am native to South Dakota and have have a Masters in Business Administration and a Juris Doctorate from USD. Currently I am an Associate Professor of Business Law. I served as Director of the School of Business Employment Services Office until 2004 and was Director of the State Data Center in the Business Research Bureau from 1984-1997. My job there entailed research on various aspects of the South Dakota population and economy for use in research, business planning, governmental planning, etc. I teach Legal Environment of Business, Business Law, Commercial Law and Ethics, Real Estate Principles, Cyberlaw, Business Ethics, and Business and Its Environment. My current areas of research interest include pedagogy topics, real estate, and ethics. I have research published in the Real Estate Educators Journal, Human Systems Management Journal, S.D. Business Review, and the S.D. Business Magazine and Data Supplement. Additionally, I have conducted well over 100 presentations including continuing education courses on real estate contract issues for the S.D. Real Estate Commission and presenting on License Law Official Real Estate Ethics Issues for the Association of Real Estate License Law Officials. I am a member of the Academy of Legal Studies in Business, the State Bar of South Dakota, Clay-Union Bar Association, and the S.D. Career Planning and Placement Association. Other experiences include First National Bank Brookings Board of Directors and the Vermillion Advisory Board, South Dakota 4-H Foundation Board of Trustees and Past President, P.E.O. Chapter BV and Vermillion Rotary International Club member and Past President. My interests include boating, gardening, football (spectator), reading and volunteering for children and youth. How to Learn? Read, listen, and dare to think. - Socrates A problem adequately stated is a problem well on its way to being solved. - R. Buckminster Fuller In time of drastic change, it is the learners who inherit the future. Those who have finished learning find themselves equipped to live in a world that no longer exists. - Eric Hoffa 7 TENTATIVE CLASS SCHEDULE - Fall 2006 Aug. 30 Administrative Details and Introduction to Law Sept. 1 Chapter 1 Sources and Theories of Law Sept. 6 Chapter 2 Business Ethics and Social Responsibility Handout and Three Kinds of Ethics (http://ba.gsia.cmu.edu/ethics/three.pdf ) Sept. 8 Chapter 2 Recognizing and Resolving Ethical Dilemmas Sept. 11 Chapter 3 The Judicial System Sept. 13 Chapter 4 Alternative Dispute Resolution Sept. 15 Chapter 4 Litigation Sept. 18 Chapter 5 Commerce Clause, Supremacy Clause and Taxation Sept. 20 Chapter 5 The Bill of Rights and Business Sept. 22 Chapter 6 Alternative Rulemaking and Enforcement; Current Legal Issue due Sept. 25 Chapter 6 Alternative Rulemaking and Enforcement Sept. 27 Chapter 7 International Law Sept. 29 First Examination Chapters 1-7 Oct. 2 Chapter 8 Cyber Law Oct. 4 Chapter 9 Business Crimes and Criminal Procedure Oct. 6 Chapter 9 Business Crimes and Criminal Procedure Oct. 11 Chapter 10 Intentional Torts Oct. 13 Chapter 10 Intentional Torts Oct. 16 Chapter 11 Product Advertising and Liability Oct. 18 Chapter 11 Product Advertising and Liability Oct. 20 Chapter 12 Environmental Regulation Oct. 23 Chapter 12 Environmental Regulation Oct. 24 Walter Pavlo Presentation Oct. 25 Chapter 13 Introduction and Formation of Contracts Oct. 27 Chapter 13 Introduction and Formation of Contracts Oct. 30 Chapter 14 Defenses of Contracts; Environment Project due Nov. 1 Chapter 14 Defenses of Contracts Nov. 3 Chapter 14 Performance of Contracts Nov. 6 Chapter 15 Credit Transactions and Bankruptcy Nov. 8 Second Examination Chapters 8-15 Nov. 13 Chapter 16 Business Property Nov. 15 Chapter 16 Business Property Nov. 17 Chapter 17 Antitrust Nov. 20 Chapter 18 Agency, Employment at Will and Whistle-Blowers; Intellectual Property Assignment due Nov. 22 Chapter 18 Agency, Employment at Will and Whistle-Blowers Nov. 27 Chapter 19 Social Security, Unemployment, OSHA, Workers’ Comp., and Unions Nov. 29 Chapter 20 Methods of Discrimination Dec. 1 Chapter 20 Forms of Discrimination and Enforcement Dec. 4 Chapter 21 Forms of Doing Business: Partnerships, Limited Partnerships, LLC, LLP Dec. 6 Chapter 21 Forms of Doing Business: Corporations Dec. 8 Chapter 22 Securities Law Dec. 13 10am-12pm (noon) FINAL EXAMINATION (Comprehensive) 8 Attachment A: Criteria for Grading Written Assignments Poor Best 1. Quality of Thought 1 5 10 15 20 25 30 2. Organization and Logical Development 1 2 3 4 5 3. Clarity of Expression 1 2 3 4 5 4. Grammar, Punctuation, Spelling 1 2 3 4 5 5. Selection of References, Use of Evidence, References & Exhibits 1 2 3 4 5 TOTAL POINTS ______ Guidelines to Understanding the Criteria 1. Quality of Thought (60%). In the best papers, the author does much more than just explain or describe. The author shows evidence of sophisticated analysis and that s/he has thought about the subject in depth. The subject is analyzed from different angles and assessed critically. 2. Organization and Logical Development (10%). The best papers show evidence of prior planning. An outline prepared in advance assists the author in this process. An organized and logical paper has a purpose or theme, which is introduced in the introduction, developed in the body of the paper, and returned to in the conclusion. Paragraphs are linked to each other in a logical sequence using transitional sentences. Arguments, examples, facts, opinions, and details explain the main point and lend credibility to each point being developed. 3. Clarity of Expression (10%). In the best papers, words are carefully chosen and sentences are purposefully constructed. Each point the author makes is expressed exactly, precisely and clearly. 4. Grammar, punctuation, and Spelling (10%). The best papers are characterized by consistently correct grammar, punctuation and spelling. Verbs agree with their subjects. Sentences are complete. There are no single sentence paragraphs. 5. Selection of References, Use of Evidence, References & Exhibits (10%). The best papers are characterized by consistently referencing facts and analysis that is demonstrable to the reader. The best papers are analyzed using standard and reproducible tools and techniques. Be sure to properly cite other’s work. Student 9 10