BADM 350 - The Legal Environment of Business by HC120608181852

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									                             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:               ddykstra@usd.edu
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.



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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.


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       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.

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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



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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.


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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


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accommodation memo each semester. For information contact: Ernetta L. Fox, Director, Disability
Services, Room 119B Service Center, (605)677-6389, www.usd.edu/ds; dservices@usd.edu.

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




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                      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)

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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

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