LEONARD N. STERN SCHOOL OF BUSINESS NEW YORK UNIVERSITY Department of Accounting, Taxation and Business Law LAW, BUSINESS & SOCIETY (C40.0006) SPRING 2008 SECTION 06 TTR 9:30am - 10:45pm T-LC9 SECTION 07 TTR 2:00pm – 3:15pm T-UC61 SECTION 08 TTR 3:30pm – 4:45pm T-LC10 PROFESSOR KOWAL Office: KMC 10-87 Office Hours: TTR 11:00am – 2:00pm & by appointment Phone: 212-998-0053 Fax: 212-995-4230 E-Mail: rkowal@stern.nyu.edu Secretary: Iantha Coleman icoleman@stern.nyu.edu or 998-0048 TAs Vinay Ganti vinayganti@gmail.com Janisha Sabnani janisha@gmail.com COURSE DESCRIPTION The purpose of this course is to communicate an appreciation of the legal system and how laws are formulated, modified and enforced, and by whom. This course will show students how to think more deeply about the legal system and appreciate the way in which it has evolved and continues to evolve in relationship to business and society. Our overriding objective is to provide students with the opportunity to read clearly think critically and write analytically regarding the law, business and society interface. COURSE MATERIALS 1. TEXTBOOK Managers & The Legal Environment, by Bagley & Savage, Thomson/West, Fifth Edition. Several copies of the textbook will be placed on reserve at Bobst Library. 2. Lexis-Nexis A legal database that is accessible at no cost through the Bobst Library at NYU. Go to the NYU Home page, click on Bobst Library, click on “articles via databases”, under popular databases “click on “Lexis-Nexis”, log on using your NYU Net ID. CLASSROOM GUIDELINES 1. LBS (Law, Business & Society) PARTNERS/BUDDIES After a few classes I will ask you to pick an LBS partner/buddy with whom you will do your homework and position paper assignment. You should contact your LBS buddy for handouts and assignments should you miss a class. 1 2. ATTENDANCE Class attendance is mandatory and part of a student’s grade. Absences may be excused only in the case of documented serious illness, family emergency, religious observance, or civic obligation. If you will miss class for religious observance or civic obligation, please inform me as soon as possible by email. Recruiting activities are not acceptable reasons for class absence. Attendance will be taken. If you must miss a class for any other reason, email me before class by stating the reason for your absence. It is your responsibility to find out from your LBS partner what materials were covered, what additional assignments were given, and get the class handouts. Excessive absences will lower your final grade in the course. 2. CLASS PREPARATION & HOMEWORK Students are expected to come to class prepared having read text and assigned readings prior to class. Homework and other assignments are expected to be completed and handed in on time. Since I frequently call on students whose hands are not raised, you should let me know before class if you are not adequately prepared for that class. 3. SEATING CHART Since class participation is important I will try to learn your names as quickly as possible. Select a seat that you can be comfortable with for seating chart purposes. If mispronounce your name please correct me. 4. CLASSROOM PARTICIPATION Classroom participation is very important in this course. I am aware that some of you may be shy about speaking in the classroom. I respect this but strongly encourage you to participate. 5. EXAMINATIONS The midterm and final examinations will be non-cumulative and open notes. A make-up exam is allowed only if I am notified prior to the scheduled examination and the appropriate medical or personal documentation is provided. Students who may need special accommodations should see me during office hours. 6. ETHICAL GUIDELINES: STUDENT CODE OF CONDUCT All students are expected to follow the Stern Code of Conduct (http://www.stern.nyu.edu/uc/codeofconduct) A student’s responsibilities include, but are not limited to, the following: A duty to acknowledge the work and efforts of others when submitting work as one’s own. Ideas, data, direct quotations, paraphrasing, creative expression, or any other incorporation of the work of others must be clearly referenced. A duty to exercise the utmost integrity when preparing for and completing examinations, including an obligation to report any observed violations. At the professor’s discretion, student work may be submitted to http://www.turnitin.com in order to detect instances of suspected plagiarism. 2 TEACHING ASSISTANTS VINAY GANTI OFFICE HOURS LOCATION Prof. Kowal’s Office KMC 10-87 KMEC Prof. Kowal’s Office KMC10-87 KMEC JANISHA SABNANI Vinay & Janisha are current students in the JD/MBA program at NYU GRADING ASSIGNMENT Midterm PERCENTAGE OF GRADE 20% FORMAT DUE DATE Multiple choice & Short answer 5 pages Multiple choice Varied March 6 April 22 & 24 Position Paper Final Exam Homework Attendance Participation Debate Presentation & Debate Report 20% 20% 20% 20% Debate Presentation & Rebate Report Extra Credit You will have an opportunity to do an extra credit assignment in order to raise your overall grade for the course. Visit to a local Courthouse 3 April 3 TBD COURSE SCHEDULE The schedule set forth below is subject to change as the need arises. All changes will be announced in class. If you miss a lecture it is your responsibility to find out about any announced changes and to ask your LBS buddy to pick up a copy of the handouts. COURTS WITH All chapters are in the INTEGRITY textbook Jan. 22 Courts, Sources of Law and Chapter 3 Litigation Jan. 24 Constitutional Bases for Chapter 2 Business Regulation INDIVIDUAL RIGHTS Jan. 29 Contracts Chapter 7 & 8 Omit pp. 241-244, 267-273, 277-279 Jan. 31 Contracts Chapter 7 & 8 Feb. 5 Contracts Chapter 7 & 8 Feb. 7 Contracts Chapter 7 & 8 Feb. 12 Contracts Chapter 7 & 8 Feb. 14 The Employment Agreement Chapter 12 Omit pp. 423, 430-431, 449-452 Feb. 19 Chapter 13 Feb. 21 Civil Rights & Employment Discrimination Torts Feb. 26 Torts Chapter 9 Feb. 28 Product Liability Chapter 10 March 4 Midterm Review Session March 6 MIDTERM EXAM Chapter 9 PROPERTY RIGHTS March 11 Intellectual Property Chapter 11 March 13 Real Property & Land Use Chapter 18 4 SPRING BREAK BUSINESS RIGHTS FIDUCIARY DUTY March 25 March 17 – March 22 March 27 Forms of Business: Partnership, Limited Partnership, Corporations, Limited Liability Companies Forms of Business (continued) April 1 April 3 Agency Position Paper Topics Due Midnight on Blackboard Chapter 5 Chapter 19 Chapter 19 Directors, Officers and Controlling Shareholders Position Paper Due Midnight on Blackboard Chapter 20 omit pp.758-776 Chapter 23 April 22 Securities Fraud and Insider Trading Criminal Law Criminal Law Debtor-Creditor Relations & Bankruptcy DEBATES April 24 DEBATES April 29 May 1 May 6 Debtor-Creditor Relations & Bankruptcy Final Exam Review Session READING DAY May 7 – May 14 FINAL EXAMS FINANCIAL TRANSACTIONS April 8 April 10 April 15 April 17 5 Chapter 14 Chapter 14 Chapter 24 Debate Report Due in Class Debate Report Due In Class Chapter 24