LAW IN AMERICAN SOCIETY GenEd 856 SYLLABUS Instructor: Terry Halbert, Professor, Legal Studies Department Office: Alter Hall Room 462 Office Hours: Monday,Wednesday, Friday noon-1:00 or by appointment Tel. 215-204-5648; thalbert@temple.edu This course fulfills the U.S. SOCIETY category of the GenEd curriculum. TEXT: Excerpts from Law & Ethics in the Business Environment, 7th Edition, Halbert & Ingulli and additional readings in Blackboard. LEARNING GOALS: Understanding the U.S. legal system in context. We will study a series of current controversial issues where law intersects with ethical perspectives. For example: What are the social implications when corporations have free speech rights as they contribute to political campaigns? What should be done about gun control? To what extent does the law protect employees who blow the whistle about illegal or unethical activities? Should same sex marriage be a fundamental right? As we investigate such questions, we will be learning about constitutional, statutory and common law, gaining a basic understanding of legal reasoning. We will also be noting how that system evolves over time, as it both mirrors and shapes American culture. Developing thinking and communication skills. In discussions and role-plays, you will have frequent opportunities to practice legal and ethical discourse. Through research and writing assignments, you will learn how to identify legal problems, how to locate relevant information through legal research, and how to use that information in solving legal problems and in making legal arguments. Learning for a lifetime. This course will equip you to discover, test and revise your own opinions about complicated issues, and give you practice explaining them convincingly to others. These abilities will be helpful as you move into the various roles you play in your lives—as employees, entrepreneurs, friends, spouses, parents, voters, travelers, and citizens of a globalized world. EVALUATION: You cannot learn unless you are actively involved in the learning process. That is why there is a strong emphasis on class participation and on written work in this course. You will be evaluated based on three factors: Class Participation (30%); written assignments (55%) and quizzes (15%). Class Participation: 30%: Discussion; Mock trials; Debates. Meaningful contributions to class discussion usually relate clearly to the assigned material, and indicate you have read and thought about it. Come to class fully prepared, having read and marked up any assigned material with your comments and questions. Don’t just highlight the words—write your thoughts in the margins. Everyone in class will participate in at least two mock trials or debates, to take place throughout the semester. Volunteer early to benefit from the opportunity to practice and improve your communication skills. For these activities you will be evaluated based on your reliable contributions to the team, your performance, and your preparatory notes. Written assignments: 55%: Case briefs (10 pts each); Memos (15 pts & 20 pts). Case briefs are summaries of legal cases. Memos involve legal research and critical analysis. Complete instructions and rubrics for each assignment will be posted in Bb. Quizzes: 15% Occasionally, short pop quizzes will be given at the start of class. These are designed to ensure you have come prepared, having read the material. ATTENDANCE POLICY: Attendance in this course is essential, not only because real understanding of the material will depend on how well you absorb and contribute to class discussion and role-playing, but also because much of your final grade depends on how well you do in these areas. Promptness is also very important. A sign-in sheet will be passed around during the first 10 minutes of class. If you arrive late (after 10 minutes) you will be counted absent. You are permitted two absences for any reason. Your grade will drop 2 points for each further absence, unless you are able to provide written evidence of a legitimate explanation. (Medical, family-related, religious reasons, eg.) Use of laptops/PDAs/cell phones/electronics is prohibited in class. TIPS for SUCCESS IN THIS COURSE: 1. CHECK BLACKBOARD AFTER EACH CLASS. Within 24 hours of every class, I will post an announcement on Blackboard that outlines how to prepare for next time. The weekly schedule attached to this syllabus outlines the basic topics we will cover, indicating roughly when the assignments and mock trials will occur during the semester. But details on how to complete assignments, readings and any changes will only be available on Blackboard. 2. SEE ME FOR HELP. This is a challenging class, both because of the legal material--cases and statutes in “legalese” will be unfamiliar to most of you--and because of the style of the teaching, which requires that you be fully prepared to participate actively. If at any point you feel you need help or advice, please note my office location and hours, and arrange to come see me. ACADEMIC FREEDOM: Freedom to teach and freedom to learn are inseparable facets of academic freedom The University has adopted a policy on Student and Faculty Academic Rights and Responsibilities (Policy # 03.70.02) which can be accessed through the following link: http://policies.temple.edu/getdoc.asp?policy_no=03.70.02. DISABILITY POLICY: Any student who has a need for accommodation based on the impact of a disability should contact me privately to discuss the specific situation as soon as possible. Contact Disability Resources and Services at 215-204-1280 in 100 Ritter Annex to coordinate reasonable accommodations for your documented disabilities. ACADEMIC HONESTY: This course will be conducted in accordance with Temple University’s Plagiarism and Academic Cheating policy. Plagiarism is the unacknowledged use of another person’s labor, another person’s ideas, another person’s words, another person’s assistance. Unless your work has been described as a group project, everything you do for course credit—papers, quizzes, homework exercises, oral presentations—is expected to be the product of your individual effort. Plagiarism includes using the work of another student and passing it off as your own, or helping another student by doing their work for them. Failure to acknowledge borrowed material is plagiarism. You may use ideas and language from articles, books, and online sources, but you must be sure to indicate that you have done so. When you use items from other sources—ideas, the way they are organized, actual language—you must let the reader know by noting the source. Copying words from another source: Whenever possible, USE YOUR OWN WORDS. If you must copy, do so for a good reason. A particular phrase may need to be copied because it is important or deserves emphasis—a legal rule, for instance. When you choose to copy—even just a string of 3 or 4 words in a row—place them within quotation marks, and put the source in parentheses. If you are copying something several lines long, leave the quotation marks out, but indent both margins and single-space the quote. In either case, make sure to acknowledge the source. COPYING more than 3 or 4 words without acknowledging the source is plagiarizing. For this you will receive an “F.” WEEKLY SCHEDULE 1. Introduction to course; Law and social values 2. Introduction to Constitutional Law, Common Law, Statutory Law; Case Brief #1 3. Mock Trial #1; Introduction to Legal Research 4. Debate (Gun Control) 5. At-will employment and blowing the whistle 6. Mock Trial #2 (Whistleblower case) 7. Memo #1: Statutory interpretation; Privacy & Technology SPRING BREAK 8. Law, Privacy & Technology cont’d, Memo #1 9. Mock Trial #3 (Genetic Privacy case); Law in the News Reports 10. Civil Rights Law, Case Brief #2 11. Mock Trial #4 (Sexual Harassment case); Memo #2 12-14. Mock Trial #5 (Laptop privacy case)—whole class participating.