New York University, Stern School of Business
Syllabus1, Course Requirements, and Grading Criteria
Law, Business & Society
Winter 2009
Professor Richard Hendler
Contact Information:
Office Hours:
Address: 44 West 4th Street, Room 10-77
New York, NY 10012
Phone (Office):
Phone (Cell):
Phone (Home):
after class and
and by appointment
(212) 998 0057
(516) 984 6900 (feel free to text)
(516) 466-8183
Email: rhendler@stern.nyu.edu
Course Objective: Why are you here?
To paraphrase a famous French philosopher, “Scarcely any societal or business question arises in the
world today that is not resolved, sooner or later, into a judicial question” This course will explore the
relationship and conflict that exists among law, business, and society. Some of the topics that will be
discussed are: legislative history and power, development of law through examination of federal and
state laws, contractual obligations, torts, and other current legal issues. By the end of this course, you
should have a better understanding of how to identify approach and solve legal problems facing our
business and society.
* Note: Because this course will only meet for 10 sessions, it will be highly intensive. You
should be prepared to have a demanding schedule and to do more work than you are
accustomed to outside of class. I can guaranty, however that, in the end, you, the person,
will be greatly rewarded by the work you put in.
Course Basics: Class Material and Groups:
This course uses a variety of teaching methods and materials. Classes will consist of lectures,
discussions, in-class group exercises, and video presentations. Fundamental concepts are contained
This syllabus is a guide, not a contract, and was co-authored by students. It may be revised in the best
interests of the class, and you will be notified promptly of any revisions. Let me know immediately if you
don’t understand what is expected of you or any of the “terms and conditions” contained in this syllabus.
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in the assigned readings and then these concepts are illustrated, explored, and analyzed by cases and
additional readings. Given that we are learning and will be working in a “legal setting,” the “Socratic
method” of teaching will be practiced, that is, students will be called upon to answer questions of
the instructor and will be called upon to explain concepts
You may form groups of at most four students when doing the projects, examinations, and
other group work during class.
Required Texts and Materials:

Managers and the Legal Environment by Constance Bagley and Diane Savage,
Thomson West 5th Edition (hereinafter referred to as “MLE”). Reading the cases and
ethical series in the chapters is optional. In addition, I will distribute, in class or by email,
supplementary readings.
Class Meetings and Preparation:
You are expected to attend each class, arrive on time, read each session’s readings carefully, and be
prepared to discuss the readings in detail. Each person will be expected to be prepared for, and to
contribute to, each and every class discussion. Keeping up with all materials will allow you and your
classmates to get the most possible out of this course. To ensure this, students will be called on
randomly. Points will be deducted from your final grade for lack of preparation, coming late
to class, and absences that are not excused in advance of class. Any student who will not be
prepared or will not be attending class is expected to notify me by email before 5:00 p.m. on the day
before class explaining why.
Points System:
You will be given extra points on your midterm and final exams throughout the semester based on
your performance in classroom trials, understanding of assigned readings, in-class presentations,
external research and other criteria. On the other hand, points can also be deducted in any of these
areas.
Grading Criteria and Weighting:




Participation / Homework: 20%
Mini-paper (optional): 20%
Quiz (online): 20%
Final exam: 40%
The final will be an open-book exam. Open-book means that you may bring into the examination
only your textbook, other distributed materials that are in connection with this course, your class
notes, and any other outlines created on your own or by your group. Exams may be taken
individually or in a group of up to four people.
The exams will cover material in the assigned readings, as well as class lectures, discussions,
homework and exercises. They will be a combination of short essays, fill-ins, and/or multiple-choice
questions.
The quiz will be available on-line; you will be provided with a link to take the exams (m/c, yes/no,
essays) and given up to 2 to 3 hours to complete the exam from the time you log-in. Online exams
must be submitted within allocated testing time and by the deadline to be considered.
I grade all exams and papers "blind." So put only your NYU number, not your name, on any
submission. Just like in real life, there is not always a clear cut right and wrong answer. With this in
mind, exam answers are not open to debate but explanations for why the correct answer is “most
correct” can be discussed outside of class.
Don’t forget that class participation also counts in your grade.
All write-ups / projects should be uploaded onto Blackboard and placed in my box outside Room
10-77, 44 West 4th Street and not submitted in class.
Policy on Academic Dishonesty:
Academic dishonesty could consist of copying another’s work and submitting it as one's own, failing
to attribute credit to a reference source, or copying from another during an exam. Academic
dishonesty undermines the school's student code of conduct and is unfair to other students.
Instances of academic dishonesty will be referred to the Stern School Discipline Committee.
Schedule of Classes and Reading Assignments:
The schedule outlined in the next page is subject to change as the need arises and it probably will
change. All changes will be announced in class or by email. If you miss a lecture, it is your
responsibility to learn of any announced changes and the material from your classmates. Readings
should be completed in advance of the class session for which they are indicated. I also recommend
that you review those readings again after class for reinforcement.
Note: Class on January 9 will be offered in the morning (9 -12:40) or early evening (5-8)
Class #
Class Topic
Monday, Jan 5
Introduction to the course,
Legislative history and
power, Federal and state
Class 1 courts(Pepsi video)
Tuesday, Jan 6
Contract law; Statute of
frauds; UCC
Class 2
Wed., Jan 7
Contracts of goods &
services; Intentional torts,
Class 3 Intersection video
Thursday, Jan 8
Product liability; Other torts
Class 4
Friday, Jan 9
Intersection trial
*see note on
previous page
Class 5
Monday, Jan 12
Recap of torts, Intellectual
property: copyrights and
patents, Aqua Barbie Girl
video
Class 6
Tuesday, Jan 13
Consumer protection
groups; Agency law
Class 7
Wed., Jan 14
Forms of business entities /
entrepreneurship
Class 8
Thursday, Jan 15 Raising capital and its
regulation; Legal issues in
Class 9 employment
Friday, Jan 16
Class 10
Legal issues in employment
continued and review
showing Film, Pirates of
Silicon Valley
Reading Assignments Due
Writing / Speaking
Assignments Due
MLE: Chapters 2, 3, 7
MLE: Chapter 15
MLE: Chapters 8, 9
Homework #1: Judicial opinion
on Pepsi case
MLE: Chapter 10
Homework #2: Is a contract
enforceable (sufficient
consideration) when one party
agrees not to sue?
MLE: Chapter 11
Be prepared for in-class Intersection
trial
Trial: Plaintiffs and defendants
present Intersection trial
Quiz will be posted online and
should be completed by Sun
Jan 11, 11:59 PM
Trial: Plaintiffs and defendants
present impromptu Aqua &
Kanye trials. Consumer
protection groups will be
assigned.
Homework #3: Presentation of
consumer protection groups
MLE: Chapters 19, 5
MLE: Chapter 20, 21
MLE: Chapters 22, 23
Mini-paper due by 11:59 PM
MLE: Chapters 12, 13, 14
continued
Final after class or on Saturday
(your election)
TRIALS … EXPECTATIONS
Throughout the semester, I will hold in-classroom trials where students can either gain or lose points
on their final exam. At least one week in advance, I will randomly assign students as plaintiffs,
defendants, jurors and judges for a particular trial. The number of trials each student is assigned will
be evenly distributed. I expect that assigned parties thoroughly research their respective cases in the
following ways




Readings in the textbook
Legal cases found on Lexis-Nexis (NYU Home  Research)
Newspaper articles and professional journals
Other relevant material
To help your research use Lexis-Nexis. Go to the following Internet search tutorials on “how to use
lexis nexis."
http://www4.nau.edu/library/reference/LexisNexisAcademic.htm#Materials
www.lexisnexis.com/tutorial/global/globaltutorial_frameset.asp?locale=en_US&lbu=US&adaptatio
n=Academic&sPage=menu
http://web.lexis.com/help/multimedia/detect.asp?sPage=mom
The format of the trials may vary, but generally, the plaintiffs will present their arguments first, then
the defendants will present their counter-arguments. After the jury hears both arguments, they will
determine the winning party.
For most trials, I or a guest lawyer or law student will act as the judge and may ask questions to
either party. We can also randomly call up any member of the plaintiff or defendant party to talk at
any time. More information will be emailed to you closer to each trial date.
Remember the trials in the syllabus are subject to change.
HOMEWORK # 1: JUDICIAL OPINION ON PEPSI TRIAL
After listening to the Pepsi trial, prepare a judicial opinion for publication based on your knowledge
of the law from the readings and the facts and arguments presented during the trial. Write your own
opinion using the facts in the case and the law supplied to you in the readings and during the trial.
Your opinion should be double-spaced and typed. You should state the issue(s), the applicable rules
of law, and incorporate plenty of reasoning, essentially supporting and explaining your result. You
may use as authority any case and statutes.

For those parties prosecuting or defending the case, prepare a memorandum of law for the
Judge supporting your position instead of a judicial opinion. Apply the same guidelines as
indicated above.
Due date: Wednesday, January 7th
HOMEWORK # 2: DOES SUING ONE PARTY REPRESENT CONSIDERATION?
Is a contract enforceable (i.e. is there consideration) when one party (in good faith or in bad faith)
agrees not to initiate litigation (or not to sue) against the other party for an alleged breach of an
existing contract between the parties?
As indicated previously, go to the following Internet search tutorials on "how to use lexis nexis."
http://www4.nau.edu/library/reference/LexisNexisAcademic.htm#Materials
www.lexisnexis.com/tutorial/global/globaltutorial_frameset.asp?locale=en_US&lbu=US&adaptatio
n=Academic&sPage=menu
http://web.lexis.com/help/multimedia/detect.asp?sPage=mom
Due date: Thursday, January 8th
QUIZ
The first quiz will be available online beginning around Friday January 9th and you will be given 2-3
days to take the exam. In general, I will email you a link to the exam. The exam will consist of
multiple choice questions, yes/no questions and short essays. You will be given up to 2 to 3 hours to
complete the exam from the time you log-in.
It will cover chapters 2, 3, 7, 8, 9, 10, 15 in the textbook, and all material covered in-class lectures,
discussions and homework.
Due date: Sunday, January 11th by 11:59 PM
*Note: Online exams must be submitted within allocated testing time and by the deadline to be
considered.
HOMEWORK # 3: PRESENTATIONS ON CONSUMER PROTECTION GROUPS
Students will work in groups of two and be assigned a specific consumer protection group to
present on. (Federal Reserve Bank, FTC, Dept of Labor, etc…). Your group is expected to give an
8-10 minute presentation on your consumer protection group that includes at least one legal case
involving them. Points will be awarded or taken away based on the quality of the presentation.
Due date: Tuesday, January 14th
MINI-PAPER: LEGAL RESEARCH PAPER
You will be expected to conduct original research during the course and create a legal strategic plan
initiative. The purpose of the paper is to apply the concepts, legal standards, and remedies we are
exploring in class to a specific topic of interest to you. You may work individually or in collaboration
with others on this project, but in the latter case the scope, depth or other dimensions of your
projects must be increased accordingly.
Your plan should address: legal problem(s) (situation and background); recommendation
(strategy/course of action/implementation); difficulties and rational (identify/explanation/why). To
help generate initiatives, the following is a list of areas: corporate governance; employment issues;
non competes; privacy; intellectual property; cyber-law; product liability; trade secrets; trade
marking; Sarbanes-Oxley compliance; purchases and sales; securities; directors/officers;
environmental; and e-commerce sites. If you are completely dry on a topic, the best way to come up
with one is first to browse periodicals and articles and then to talk with me.
Once you have decided on a topic for your paper, use Lexis/Nexis or the Internet to conduct
research to get sources of law (including statutes and cases) and secondary sources (journals). For a
further explanation on how to use Lexis/Nexis, go to www.stern.nyu.edu/~rhendler, click on
Business Law for Managers, go to the Working Hard section, and then to Study Materials to review
the slide on "how to do legal research." For links go to Working Hard section, and then Course Info
to review Syllabus, scrolling down to recommended web sites.
In the end, try to write your paper (5-10 pages depending on size of group) in a non-judgmental,
constructive manner that can help make it more effective.
Due date: Wednesday, January 14th by 11:59 PM
FINAL EXAM
Your final exam will be held on Friday, January 16th 2009 after class.
Remember to search and find passion in your life, and to live your dreams!!