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JOHN CABOT UNIVERSITY

COURSE CODE: "LAW 219"
COURSE NAME: "Legal Environment of Business "
SEMESTER & YEAR: Fall 2017
SYLLABUS

INSTRUCTOR: Chiara Magrini
EMAIL: [email protected]
HOURS: MW 1:30-2:45 PM
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES: Recommended: EN 110
OFFICE HOURS: Mondays and Wednesdays from 1pm to 1.30pm and by appointment

COURSE DESCRIPTION:
This course provides students with an overview of the law in general, beginning with the foundations of the legal and regulatory environment, the law-making processes, and the implementation of legal rules. Students examine some areas of substantive law, including bodies of law that are regulatory in nature. Particular attention is given to aspects of business transactions in an international context.
SUMMARY OF COURSE CONTENT:
WEEK 1 – Introduction to Law







Definition of law, classifications of law, characteristics of law, the theory of law, sources of law, introduction to international law.







WEEK 2 – Managing disputes: alternative dispute resolution and litigation strategies







Types of alternative dispute resolution, resolution of international disputes, litigation versus ADR, when one is in litigation, issues in international litigation.







WEEK 3 – Business and the Constitution







The U.S. Constitution, the role of judicial review and the Constitution, constitutional limitations on economic regulations, state versus federal regulation of business, application of the Bill of Rights to business, the role of constitutions in international law.







WEEK 4 – Business torts







Definition of tort, intentional torts, competition torts, negligence, tort reform







WEEK 5 – Product advertising and liability







Development of product liability, advertising as a contract basis for product liability, contract product liability theories: implied warranties, strict tort liability: product liability under section 402A, negligence, privity issues in tort theories of product liability, defenses to product liability torts, product liability reform, federal standards for product liability, international issues in product liability.







WEEK 6 – Business crime







Business crime, liability for business crime, penalties for business crime, elements of business crime, examples of business crimes, procedural rights for business criminals.







WEEK 7 – Review and Midterm







WEEK 8 – Securities law







History of securities law, primary offering legislation: the 1933 Securities Act, The Securities Exchange Act of 1934, T0he Foreign Corrupt Practices Act, state securities laws, international issues in securities laws.







WEEK 9 – Trade practices: antitrust







Common law protections against restraint of trade, federal statutory scheme on restraint of trade, horizontal restraints of trade, vertical trade restraints, antitrust issues in international competition.







WEEK 10 – Management of employee conduct: agency







Names and roles: agency terminology, creation of the agency relationship, the principal-agent relationship, liability of principals for agents’ conduct, termination of the agency relationship, termination of agents under employment at will, agency relationship in international law.







WEEK 11 – Employment discrimination







History of employment discrimination law, employment discrimination: Title VII of the Civil Rights Act, theories of discrimination under Title VII, specific applications of Title VII, Antidiscrimination laws and affirmative action, defenses to a Title VII charge, Enforcement of Title VII, Other antidiscrimination laws, the global workforce.







WEEK 12 – Environmental regulation (the extent to which we can cover this material will depend on the number of students in the class and the number of research paper presentations)







Common law remedies and the environment, statutory environmental laws, state environmental laws enforcement of environmental laws, international environmental issues.
LEARNING OUTCOMES:
Upon successful completion of the course, students will know the basic laws and principles of law of the main areas of American law related to business. The students will start from understanding the classification and sources of law and will, during the course, analyze specific areas of law such as Constitutional law, Business torts, Product Advertising and Liability, and Business Crime. Students will also have the opportunity to learn specific areas of banking law, such as Securities law, and of Employment law, such as the agency relationship and the issue of employment discrimination. Students will also know the basic laws and principles regulating environmental and antitrust law. Upon successful completion of the course, students shall be able to identify and classify the main legal issues in the American legal system; furthermore, students shall be able to read a case and analyze the facts from the legal point of view, trying to solve the case applying the principles of law discussed in class.
TEXTBOOK:
Book TitleAuthorPublisherISBN numberLibrary Call NumberComments
Business : Its Legal, Ethical, and Global Environment 11th EditionMarianne M. JenningsCengage Learning 9781337103572  
REQUIRED RESERVED READING:
NONE

RECOMMENDED RESERVED READING:
NONE
GRADING POLICY
-ASSESSMENT METHODS:
AssignmentGuidelinesWeight
Class presentationThe class presentations will be assigned as the term progresses, but it will generally consist of cases presented in the textbook.10%
Class participation and quizzesActive participation in class is essential. Persistent absence or tardiness precludes satisfactory performance in the course, and jeopardizes this part of the grade. After the first two unexcused absences, the students will lose 10% points of this part of the grade for each subsequent absence. During the semester quizzes will be assigned to students on material covered in class and on real case law.10%
Research paperThe research paper, that will be a group research paper depending on the number of students in the class, shall be on a subject of interest of the students not necessarily included in the ones treated in the course but related to Legal Environment of Business, and it shall be presented to the class. Bibliography and footnotes are compulsory for a sufficient paper.20%
Midterm examThe midterm will consist of presenting the student with a case or set of facts, and requesting an analysis of the situation or transaction and possibly requesting a proposed solution or prediction of the outcome of the case. More general essay-type questions, in which the student is asked to discuss a particular area covered by the syllabus, may also appear.30%
Final examThe final exam will consist of presenting the student with a case or set of facts, and requesting an analysis of the situation or transaction and possibly requesting a proposed solution or prediction of the outcome of the case. More general essay-type questions, in which the student is asked to discuss a particular area covered by the syllabus, may also appear.30%

-ASSESSMENT CRITERIA:
AAt the end of the term, students with 94-100 points will receive an A; 90-93 an A-; it is unlikely that more than a few students will fit into the A category. Work of this quality directly addresses the question or problem raised and provides a coherent argument displaying an extensive knowledge of relevant information or content. This type of work demonstrates the ability to critically evaluate concepts and theory and has an element of novelty and originality. There is clear evidence of a significant amount of reading beyond that required for the course. Students who are able to achieve this grade will: • show, by means of their written exams and their participation in class discussions, an understanding of the material we have covered, and recognize and apply the legal principles we have covered to a variety of fact patterns; • recognize the overall policy or purpose of a particular legal framework, and express a reasoned opinion about its efficacy; • be able to express themselves, both orally and in writing, clearly and concisely, and independently carry out legal research by means of Westlaw or other appropriate research tools; • generate and present a research paper that will be of educational value to themselves and to other students in the class.
BStudents who receive 87-89 points will receive a B+; 83-86 a B; 80-82 a B-; students who are better than average, but not excellent, will fit into the B category. This is highly competent level of performance and directly addresses the question or problem raised.There is a demonstration of some ability to critically evaluatetheory and concepts and relate them to practice. Discussions reflect the student’s own arguments and are not simply a repetition of standard lecture andreference material. The work does not suffer from any major errors or omissions and provides evidence of reading beyond the required assignments. Students who are able to achieve this grade will: • show, by means of their written exams and their participation in class discussions, that they have studied and understood the material we have covered, and apply legal principles to hypothetical fact patterns, even though they may not grasp the subtleties of the issue presented in all cases; • express themselves, orally and in writing, well enough to be understood, but with some disorganization; • effectively rely on research sources that are provided to them, even though they may not be able to independently generate their own research sources; • complete and present a research paper that will be interesting and educational to some other students in the class.
CStudents who receive 77-79 points will receive a C+; 73-76 a C; 70-72 a C-; average students will fit into the C category. This is an acceptable level of performance and provides answers that are clear but limited, reflecting the information offered in the lectures and reference readings. Students in this category will: • show, by means of their written exams and their participation in class discussions, that they have read the material we have covered, and perhaps memorized specific legal theories or provisions; • will express themselves, both orally and in writing, in ways that are difficult for the listener to understand, even though they might have a valid point to make; • produce a research paper that merely summarizes other scholarly work.
DStudents who receive 67-69 points will receive a D+; 63-66 a D; 60-62 a D-; below average students will fit into the D category. This level of performances demonstrates that the student lacks a coherent grasp of the material. Important information is omitted and irrelevant points included.In effect, the student has barely done enough to persuade the instructor that s/he should not fail. Students in this category will: • show, by means of their written exams and their participation in class discussions, that they have read some of the material we have covered in the course; • will express themselves, both orally and in writing, in ways that are devoid of content with respect to the material that has been covered in the course; • will have difficulty in producing a research paper.
FStudents who receive fewer than 60 points will receive an F. This work fails to show any knowledge or understanding of the issues raised in the question. Most of the material in the answer is irrelevant.

-ATTENDANCE REQUIREMENTS:
The University’s attendance policy is described in the catalogue. Persistent absence or tardiness precludes satisfactory performance in the course, and jeopardizes that part of the grade which is based on class presentation and participation. Students are expected to arrive at class on time; students are responsible for all material covered by the syllabus and/or discussed in class, whether or not they are actually present in class. Only two unjustified abcences will be excused. Starting from the third unjustified absence onwards, the part of the grade referring to class partecipation will be decreased of 10% for each absence.  
ACADEMIC HONESTY
As stated in the university catalog, any student who commits an act of academic dishonesty will receive a failing grade on the work in which the dishonesty occurred. In addition, acts of academic dishonesty, irrespective of the weight of the assignment, may result in the student receiving a failing grade in the course. Instances of academic dishonesty will be reported to the Dean of Academic Affairs. A student who is reported twice for academic dishonesty is subject to summary dismissal from the University. In such a case, the Academic Council will then make a recommendation to the President, who will make the final decision.
STUDENTS WITH LEARNING OR OTHER DISABILITIES
John Cabot University does not discriminate on the basis of disability or handicap. Students with approved accommodations must inform their professors at the beginning of the term. Please see the website for the complete policy.

SCHEDULE

Session

Session Focus

Reading Assignment

Other Assignment

Meeting Place/Exam Dates

WEEK 1

Introduction to Law - Definition of law, classifications of law, characteristics of law, the theory of law, sources of law, introduction to international law.

CHAPTER 1

WEEK 2

Managing disputes: alternative dispute resolution and litigation strategies – Types of alternative dispute resolution, resolution of international disputes, litigation versus ADR, when one is in litigation, issues in international litigation.

CHAPTER 4

WEEK 3

Business and the Constitution – The U.S. Constitution, the role of judicial review and the Constitution, constitutional limitations on economic regulations, state versus federal regulation of business, application of the Bill of Rights to business, the role of constitutions in international law.

CHAPTER 5

WEEK 4

Business torts - Definition of tort, intentional torts, competition torts, negligence, tort reform

CHAPTER 9

WEEK 5

Product advertising and liability – Development of product liability, advertising as a contract basis for product liability, contract product liability theories: implied warranties, strict tort liability: product liability under section 402A, negligence, privity issues in tort theories of product liability, defenses to product liability torts, product liability reform, federal standards for product liability, international issues in product liability.

CHAPTER 14

WEEK 6

Business crime – Business crime, liability for business crime, penalties for business crime, elements of business crime, examples of business crimes, procedural rights for business criminals.

CHAPTER 8

WEEK 7

REVIEW AND MIDTERM

CHAPTERS 1,4,5,9 AND 14

WEEK 8

Governance and Regulation – History of securities law, primary offering legislation: the 1933 Securities Act, The Securities Exchange Act of 1934, T0he Foreign Corrupt Practices Act, state securities laws, international issues in securities laws.

CHAPTER 19

WEEK 9

Trade practices: antitrust - Common law protections against restraint of trade, federal statutory scheme on restraint of trade, horizontal restraints of trade, vertical trade restraints, antitrust issues in international competition.

CHAPTER 16

WEEK 10

Management of employee conduct: agency – Names and roles: agency terminology, creation of the agency relationship, the principal-agent relationship, liability of principals for agents’ conduct, termination of the agency relationship, termination of agents under employment at will, agency relationship in international law.

CHAPTER 17

WEEK 11

Employment discrimination – History of employment discrimination law, employment discrimination: Title VII of the Civil Rights Act, theories of discrimination under Title VII, specific applications of Title VII, Antidiscrimination laws and affirmative action, defenses to a Title VII charge, Enforcement of Title VII, Other antidiscrimination laws, the global workforce.

CHAPTER 21

WEEK 12

Environmental Regulation and Sustainability (the extent to which we can cover this material will depend on the number of students in the class and the number of research paper presentations) - Common law remedies and the environment, statutory environmental laws, state environmental laws enforcement of environmental laws, international environmental issues.

CHAPTER 11

WEEK 13 AND 14

PRESENTATION OF RESEARCH PAPERS AND REVIEW

CHAPTERS 8,11,16,17,19 AND 21

WEEK 15

FINAL EXAM

CHAPTERS 8,11,16,17,19 AND 21