Course Syllabus

JOHN CABOT UNIVERSITY

COURSE CODE: "LAW 399"
COURSE NAME: "European Business Law"
SEMESTER & YEAR: Summer Session I 2012

SYLLABUS

INSTRUCTOR: Magrini Chiara
EMAIL: [email protected]
HOURS: MTWTH 14:00-16:00
TOTAL NO. OF CONTACT HOURS: 45
CREDITS: 3
PREREQUISITES: Prerequisite: Junior Standing
OFFICE HOURS: MoTuWeTh from 1.30pm to 2pm

COURSE DESCRIPTION:
To introduce students to issues surrounding creation, development, functioning of the European Union, its institutions, the interaction between the European Union and its Member States, both from a legal, economical and cultural point, seeking to explain and analyse trends and tensions in European law and policy, and taking into account various areas of business law, applying them to European law.

SUMMARY OF COURSE CONTENT:

WEEK 1

– European Union

– The four freedoms

– The principle of subsidiarity

– European Business litigation

Students’ Class presentation on a case assigned by the professor

WEEK 2

- EC competition law

- Labour and Social Law

- EC consumer Law and Food Law

Students’ Class presentation on a case assigned by the professor

Delivery of research paper’s topic

WEEK 3

– Review and Midterm

- European Intellecrual Property

- The single European market and the banking sector

Students’ Class presentation on a case assigned by the professor

Delivery of Outlines of the research papers

WEEK 4

- Corporate Law

- Group of Companies

- Takeovers

Students’ Class presentation on a case assigned by the professor

Delivery of Rough Drafts of research papers

WEEK 5

- DELIVERY OF FINAL DRAFTS RESEARCH PAPERS

- PRESENTATION OF RESEARCH PAPERS

- REVIEW

LEARNING OUTCOMES:
Upon successful completion of the course the student will know the European Union system, which is the unique legal system which operates alongside the laws of Member States of the European Union. The student will understand within which limits European Union Law has direct effect within the legal systems of its Member States, and overrides national law in many areas, especially in terms of economic and social policy. The student will understand that the European Law is not a federal government, nor is it an intergovernmental organization, but it constitutes a new legal order in international law for the mutual social and economic benefit of the Member States.

TEXTBOOK:

Book Title	Author	Publisher	ISBN number	Library Call Number	Comments	Format	Local Bookstore	Online Purchase
European Economic and Business Law: Legal and Economic Analyses on Integration and Harmonization	Richard M. Buxbaum, Gerard Hertig, Alain Hirsch, and Klaus J.;	Walter de Gruyter	9783110142426
European Business Law	Geraint G. Howells	Ashgate Publishing, Limited	9781855216006

REQUIRED RESERVED READING:

NONE

RECOMMENDED RESERVED READING:

NONE

GRADING POLICY
-ASSESSMENT METHODS:

Assignment	Guidelines	Weight
Class presentation	The class presentations will be assigned as the term progresses, but will generally consist of scholarly articles provided by the professor and cases presented in the textbook.	10
Class participation	The student will be expected to attend all scheduled class meetings presented in the course outline; anyone missing more than two classes may be asked to withdraw from the class, unless accompanied by a doctor’s certificate. Two lateness equal to one absence. There will be also graded tests to verify the student’s understanding and knowledge of the material.	10
Research paper	The 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 European Business Law, and it shall be presented to the class by each member of the group. Bibliography and footnotes are compulsory for a sufficient paper. The grade will be based on the originality of the research paper, its content and how it is presented to the class.	20
Midterm exam		30
Final exam		30

-ASSESSMENT CRITERIA:
The midterm and final exams 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, will also appear.
At the end of the term, students with 93-100 points will receive an A; 90-92 an A-; it is unlikely that more than a few students will fit into the A category. 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.

Students 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. 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.

Students 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. 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;
• present a research paper that merely summarizes other scholarly work.

Students 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. 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 presenting a research paper.

Students who receive fewer than 60 points will fail.

It is likely that the average grade in the course will be C or C+, consistent with the University average.

-ATTENDANCE REQUIREMENTS:
This is a fast-paced course that requires thorough preparation and active engagement in the classroom. Therefore attendance is a fundamental part of the learning process. The University’s attendance policy is described in the catalogue. Persistent absence or tardiness usually precludes satisfactory performance in the course, and jeopardizes that part of the grade which is based on class presentation and participation (only up to two absences will be excused; two lateness equal to one absence). 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.

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 Focus	Reading Assignment	Other Assignment	Meeting Place/Exam Dates
WEEK 1	– European Union – The four freedoms - The principle of subsidiarity – European Business litigation Students’ Class presentation on a case assigned by the professor
WEEK 2	- EC competition law - Labour and Social Law - EC consumer Law - Food Law Students’ Class presentation on a case assigned by the professor Delivery of research paper’s topic
WEEK 3	– Review and Midterm - European Intellectual Property - The single European market and the banking sector Students’ Class presentation on a case assigned by the professor Delivery of Outlines of the research papers
WEEK 4	- Corporate Law - Group of Companies - Takeovers Students’ Class presentation on a case assigned by the professor Delivery of Rough Drafts of research papers
WEEK 5	Delivery and presentations of research papers - Review
	FINAL EXAM (Date to be announced)