BUS 135 – BUSINESS LAW & ETHICS Spring 2015 Monday and Wednesday 5:25-6:40 - Bush 308 Instructor: Angela M. Duerden, Esq. E-Mail: ADuerden@rollins.edu Phone: 310-600-9514 Office Hours: By appointment COURSE OVERVIEW: This course introduces students to the legal and ethical environment of for-profit and nonprofit organizations in the United States. Basic legal content, such as contracts, torts, alternative dispute resolution, intellectual property, and employment law, are covered. The course also assists students in identifying and analyzing ethical issues in business, while improving students’ practical decision-making skills. WHAT YOU WILL LEARN, THINK, AND DO (Student Learning Outcomes): Identify the nature, classification and sources of law, the court systems, and alternatives to litigation. Gain an understanding of basic legal principles, such as contracts, torts, civil procedure, intellectual property, and employment law. Identify and analyze ethical issues when making business decisions. Understand the meaning of the First, Fifth, and Fourteenth Amendments to the U.S. Constitution and how they apply to the business environment. Learn to conduct legal research. Learn how to brief a case and identify the legal issues and the court’s reasoning, analysis and conclusion. Improve practical problem solving and decision-making skills. Develop critical thinking skills, as well as improve upon written and oral communication and public speaking skills. REQUIRED READING: The New York Times, Wall Street Journal or equivalent business journal/newspaper Henry Cheeseman, The Legal Environment of Business & Online Commerce, 7th edition (Pearson, 2013) Michael Josephson, Making Ethical Decisions (Josephson Institute, 2002) Supplementary materials will be furnished on Blackboard in advance of class. *It is essential that you bring the assigned materials to class each day, along with your textbook * COURSE REQUIREMENTS AND GRADE BREAKDOWN: Class Participation/Quizzes 25% Chapter Outlines & Case Answers 25% Case Study Research Project & Presentation 25% Final Exam 25% CLASS PARTICIPATION AND QUIZZES: Class attendance and promptness are extremely important. Students are expected to complete assigned readings and attend each class fully prepared to discuss the assignments. To receive full class participation points, students should come to class prepared and ready to actively contribute to the conversation, provide well thought out comments based on the assigned readings and always respect others’ views. Students are encouraged to ask relevant questions in class and to bring pertinent articles of current events to present/discuss in class. Students should provide support for their statements and opinions, whether it is case law, assigned readings or some other basis. Occasionally there will be brief quizzes at the beginning of class. These are designed to ensure students are keeping up with the reading materials and have a good understanding of the course concepts. There are no make ups for students who miss a quiz due to absence or tardiness; however, students may drop the lowest quiz grade at the end of the semester. CHAPTER OUTLINES, CASE ANSWERS AND CASE BRIEFS: Students must type and hand in chapter outlines on Mondays and end-of-chapter legal thinking/ethics cases answers on Wednesdays each week. You must also choose 2-person teams and each team will be assigned a case to brief each week. Use Lexis-Nexis Academic to look up legal cases. Go to www.rollins.edu/library/ click on “find a database by name,” scroll down to Lexis-Nexis Academic, and input case citation in “look up a legal case” box. Please turn in all assignments at the beginning of class. Essential Elements in “Briefing” a Case: 1. Facts (what are the salient facts in the case?) 2. Issue (what is the controversy before the court or what question is presented to the court?) 3. Statute/Law/Treaty (what is the law the court applies to the fact pattern?) 4. Legal arguments (what are the points made by the plaintiff and defendant?) 5. Holding – Majority, Plurality, Dissent (what does the court decide and why?) CASE STUDY RESEARCH PROJECT & PRESENTATION: (Due throughout the semester) Individual students or 2-person teams find an article in a newspaper or journal on a contemporary legal/ethical issue (related to a theme in the Cheeseman textbook) within the context of a U.S. business, nonprofit, or public sector enterprise. I must approve your topic. Conduct research on the topic and cite a minimum of three scholarly sources using recognized citation formats. Use Lexis-Nexis Academic to research and find legal cases. Present the Case Study in a 7- to 10-minute PowerPoint oral presentation, and Turn in a copy of the PowerPoint, and a typed, doubled-spaced 3-5 page Case Study on the day of the presentation. (If you work in teams, double the minimum length of the presentation and paper.) Case Study Elements: A brief history of the issue (who, what, when, where, why, how, etc.) Legal context and/or issues Ethical dilemma/s How the situation should be handled, applying legal and ethical principles Use of endnotes, in-text citations, or footnotes of all sources cited and a bibliography of all sources. The purpose of the assignment is to give students the opportunity to delve deeper into some of the contemporary ethical/legal topics we will discuss during the semester. It is imperative that all sources are cited using a scholarly format such as MPA, APA or Chicago (including information you provide on a PowerPoint slide). Be sure to check all assignments and PowerPoint slides for grammar and spelling. Students are required to wear business attire during their presentations. Tutoring and Writing Consulting at Olin Library: rollins.edu/library Writing consultants can help you brainstorm, create an outline, structure an argument and thesis, edit a final draft, and accurately cite sources. To make an appointment, go to rollins.edu/library, click Tutoring & Writing Center and fill out the online scheduler mywconline (you must register the first time). Enter your username, password, choose a schedule and log in. FINAL EXAM: The closed-book final exam consists of three (3) long essay questions and 10 short-answer identification questions of core terms or concepts. A final exam review sheet will be distributed the last week of the semester. The final exam may be rescheduled only in the case of a documented emergency. 2 EXTRA CREDIT: Students may earn up to two (2) extra credit points on their final class participation grade by observing a civil jury trial and submitting a two page memorandum discussing their observations of the trial, any ethical issues raised and how those issues were resolved. ADDITIONAL CLASS INFORMATION: Computers and Electronic Devices: The use of laptops during class is highly discouraged. Our class time is too valuable to be spent surfing the internet or checking e-mail, Facebook, etc. In addition, recent studies have indicated that students retain much more information by taking handwritten notes rather than typing into a laptop. If you must use a laptop during class, you must obtain my permission in advance. All students must turn off all cell phones/tablets during class. If a student is discovered using an unauthorized electronic device, he or she will receive zero class participation points for that day. Assistance: Please feel free to e-mail me, speak with me after class or schedule a time to meet should you have any questions about this course or need assistance. Legal Advice: I am unable to provide legal advice to students. Students who require such advice should seek out and retain a private attorney. COURSE ROAD MAP LEGAL AND ETHICAL ENVIRONMENT Read Before Class Meets Jan. 12 Introduction Jan. 14 Legal Heritage Cheeseman, 1-19 Jan. 19 No Class – Holiday Jan. 21 Ethics and Social Responsibility Cheeseman, 20-35; Josephson, 1-32 Jan. 26/28 Courts, Jurisdiction & Admin Agencies Cheeseman, 36-60 Feb. 2/4 Dispute Resolution Cheeseman, 61-81 THE CONSTITUTION AND PUBLIC POLICY Feb. 9/11 Constitutional Law Feb. 16/18 Torts and Strict Liability Feb. 23/25 Criminal Law and Cyber Crime Mar. 2/4 Spring Break Mar. 9/11 Intellectual Property Cheeseman, 84-107 Cheeseman, 108-130 Cheeseman, 131-155 Cheeseman, 156-180 CONTRACTS Mar. 16/18 Formation of Contracts Cheeseman, 182-205 Mar. 23/25 Performance and Breach of Contracts Cheeseman, 206-226 BUSINESS ORGANIZATIONS Mar. 30/Apr. 1 Small Business and Partnerships April 6/8 LLCs, LLPs and Corporations Cheeseman, 290-308 Cheeseman, 309-351 EMPLOYMENT LAW April 13/15 Equal Opportunity Employment Cheeseman, 399-421 April 20/22 Worker Protections Cheeseman, 422-435 April 27 – Final Exam @ 5:25-6:40 p.m. - Bring pens or dark pencils 3 INSTRUCTOR’S GRADING STANDARDS: A Excellent. Written work demonstrates a mastery of the subject matter for the college level and presented with no major writing/grammatical errors. Student shows excellent grasp of concepts, demonstrates ability to synthesize reading and research materials, and participates regularly and enthusiastically in classroom. B Very good. Written work demonstrates proficiency in the subject matter for the college level and presented with few minor writing/grammatical errors. Student shows good grasp of concepts, demonstrates ability to integrate reading and research materials, and participates regularly and enthusiastically in classroom. C Good. Directions followed. Student meets minimal expectations for the course. Written work shows a reasonable grasp of the subject matter for the college level, but is presented with minor flaws too numerous to be overlooked. Participates in classroom discussions. D Below expectations. Writing is marred by major mechanical problems. Exam performance fails to demonstrate a reasonable grasp of the material for the college level. Student fails to participate appropriately in class. F Unacceptable. Written work consistently falls below college level. Student is consistently late in meeting course expectations, shows little or no grasp of concepts and is unable to process or relate reading and research with course material. Student fails to participate appropriately in class. Alternatively, regardless of the quality of a student’s work, this grade may be assigned for failure to attend class regularly, for failure to submit a required paper or project, or for plagiarism. COLLEGE ACADEMIC HONOR CODE: Integrity and honor are central to the Rollins College mission to educate its students for responsible citizenship and ethical leadership. Rollins College requires adherence to a code of behavior that is essential for building an academic community committed to excellence and scholarship with integrity and honor. Students, faculty, staff, and administration share the responsibility for building and sustaining this community. Each student matriculating into Rollins College must become familiar with the Academic Honor System. The College requires that students be able and willing to accept the rights and responsibilities of honorable conduct, both as a matter of personal integrity and as a commitment to the values to which the College community commits itself. It is the responsibility of instructors to set clear guidelines for authorized and unauthorized aid in their courses. It is the responsibility of students to honor those guidelines and to obtain additional clarification if and when questions arise about possible violations of the Honor Code. Students must use APA, MLA, or Chicago citation style for all written assignments. COLLEGE HONOR PLEDGE AND REAFFIRMATION: Membership in the student body of Rollins College carries with it an obligation, and requires a commitment, to act with honor in all things. A student signature on the following pledge is a binding commitment by the student that lasts for his or her entire tenure at Rollins College: “On my honor, I have not given, nor received, nor witnessed any unauthorized assistance on this work.” Material submitted electronically should contain the pledge; submission implies signing the pledge. For additional information, please visit the Rollins Academic Honor Code website at http://www.rollins.edu/academichonorcode. COLLEGE POLICY ON STUDENTS WITH DISABILITIES: Rollins College is committed to equal access and does not discriminate unlawfully against persons with disabilities in its policies, procedures, programs or employment processes. If you are a person with a disability on this campus and anticipate needing any type of academic accommodations in order to participate in your classes, please make timely arrangements by disclosing this disability in writing to the Disability Services Office at (box 2613) - Thomas P. Johnson Student Resource Center, 1000 Holt Ave., Winter Park, FL, 37289. Appointments can be scheduled by calling 407-646-2354 or email: gridgeway@rollins.edu 4 COLLEGE POLICY PROHIBITING SEX AND GENDER BASED DISCRIMINATION: Rollins College is committed to creating and maintaining a community in which students, faculty and staff can work together in an atmosphere free of sex and gender based discrimination. Rollins is strongly opposed to all forms of sex and gender based discrimination (including sexual assault, intimate partner violence, stalking, and sexual harassment) and is committed to providing support, resources, and remedies to individuals that have experienced sex and gender based discrimination. Faculty members are responsible employees under Title IX and must share information about sex and gender based discrimination with the Title IX Coordinator. Information about available confidential resources, support services, and reporting options can be found online at www.rollins.edu/sexual-misconduct. 5