COURSE SYLLABUS AND TENTATIVE SCHEDULE WEST VIRGINIA UNIVERSITY EMBA PROGRAM COLLEGE OF BUSINESS AND ECONOMICS FALL 2003 COURSE TITLE: COURSE DESIGNATION: COHORT: Legal/Ethical Environment of Business BADM 644 MSW04 (Morgantown-Shepherdstown-Wheeling) INSTRUCTOR: Linda Thompson Sypolt, J. D. ADDRESS: OFFICE: PHONE: E-MAIL: FAX: P. O. Box 6025, West Virginia University, WV 26506-6025 Business and Economics Building, Room 115 (304) 293-7931(office) and 864-6113(home) ltsypolt@mail.wvu.edu 293-2233 or 293-2385 (An email should be sent before or directly after any faxed material, indicating when the fax was sent and what material was faxed. COURSE GOALS: A growing number of executives and management scholars maintain that business horizons must expand to encompass a wider array of moral, ethical, and social concerns. In particular, the imperative for managers to understand the changing legal environment of business and anticipate the future direction of the business-government interface has never been greater. Consequently, strategic business planning requires an understanding of how the businessgovernment relationship has been altered historically in response to environmental forces and recognition of the environmental forces at work today shaping the business-government interface of tomorrow. Although this course is essentially only a survey of commercial law, its goal is to offer students an opportunity to develop awareness of, at least, some key legal environment issues that will effect business in the next century. In particular, there is an effort to bring to light several recent technology developments and their relevance to the law. COURSE MATERIALS: Students are responsible for completing all required readings indicated on the course SCHEDULE AND ASSIGNMENTS. The reading assignments will generally be taken from the following sources; however, additional readings from outside sources may be assigned from time to time at the instructor’s discretion: TEXTBOOK: The Legal and E-Commerce Environment Today, 3rd Ed., Roger L. Miller and Frank B. Cross (West Publishing Company 2001). INTERNET: Students may be directed to Internet sources from time to time as supplemental reading. CLASS PREPARATION: The textbook reading assignments (See SCHEDULE AND ASSIGNMENTS) are to be completed before attending the corresponding class. The assigned readings will provide background for in-class lectures, discussions and activities. Any additional readings will be announced or distributed in class sessions or by e-mail. Also copies of Power Point slides for the class session lecture will be posted on the Internet at least one week prior to the scheduled class session. In addition to reading the assigned text chapters, review the Questions and Case Problems at the end of each text chapter. Give particular attention to questions noted in the QUESTIONS AND CASE PROBLEMS section for each class session. Class and group discussions will revolve around the analysis of these fact situations. CLASS PARTICIPATION AND ATTENDANCE POLICY: Students are expected to attend all class sessions. Please make every effort to attend class since much of the class learning will come from class discussion and interaction. Also, a portion of each student’s course grade will reflect attendance and participation in class discussion and activities. (See below, COURSE REQUIREMENTS: CLASS PARTICIPATION.) However, if a student is unable to attend a class session, she/he may complete an alternate assignment in order to earn the class participation points. The alternate assignment requires writing answers for the questions listed in the QUESTIONS AND CASE PROBLEMS section for the weekend session that you plan on missing (The alternate assignment will be modified if the student only misses part of a weekend session). The written answers must be emailed or otherwise delivered to the instructor prior to the missed class period; however, an extension may be permitted on request where necessary in order to prevent undue hardship for the student. Failure to complete this alternative assignment will result in a ten-point deduction (proportionately less in cases in which only a part of the weekend session is missed) from your class participation grade. Barring unavoidable circumstances, a video of the class session will be made available to students who miss a class session. If for some reason the video of a class session is unavailable, the instructor will suggest additional readings to aid the student in completing the alternative assignment. COURSE REQUIREMENTS: 1. CLASS PARTICIPATION (40 points): Attendance at all class sessions and active participation in any in-class discussions and group exercises is required, although alternative activities will be provided for students who are unavoidably absent from class. Class discussion with revolve around the GROUP PROJECTS (See below) and the QUESTIONS AND CASE PROBLEMS (See SCHEDULE AND ASSIGNMENTS for listing of CASE PROBLEMS assigned from text for use in discussion) See above discussion of the CLASS PARTICIPATION AND ATTENDANCE POLICY 2. EXAM/CASE ANALYSIS(100 points): Each student is required to prepare a written analysis of certain assigned case problems (NOTE on the SCHEDULE AND ASSIGNMENTS). The assigned case problems will require the analysis of fact situations on the basis of the legal/ethical principles presented in the reading assignment for that class. In particular, the analysis should address the question or questions posed at the end of the fact situation; however, other issues may be raised and discussed. Additional information may be obtained from the Internet sites suggested in the textbook or the case cited with the fact situation, if any. The due date is indicated on the SCHEDULE AND ASSIGNMENTS. 3. GROUP PROJECT: You Be the Judge(60 points total): The class will be divided into groups. The instructor will permit students to make suggestions as to the membership of the groups; however, the final group membership will be determined by the instructor. Each group will be assigned TWO fact situations for analysis. The assigned groups must discuss the legal, business, and ethical aspect of the assigned fact situations outside of the class sessions and prepare a written analysis. The first written analysis is due on or before the Saturday class of Weekend #2 and the second on or before the beginning of the Saturday session of Weekend #3. (See SCHEDULE AND ASSIGNMENTS). Each group be prepared to share their observations and conclusions with the rest of the class. Written Analysis. Each group will turn in a written analysis of each of the fact situations assigned (except for the first one which will be compete as an oral assignment in-class). The facts present a situation that has resulted in litigation and the groups’ analysis should explore the possible arguments that could be raised to support the possible plaintiff and defendant in such litigation and should the group must reach a final decision for the case. The written analysis should be based on the principles of law and cases presented in the text. Additional research may be done using the Internet as well as other source. If additional research outside the text is used, footnote the material. Be sure to indicate the legal and factual basis for any conclusions reached. If a particular case (either from those briefed in the text or from other sources) was helpful, be sure to cite the case and discuss it. If members of a group cannot agree in respect to particular conclusions, the members may turn in separate majority and minority reports. The written analysis is due on or before the due dates indicated on the SCHEDULE AND ASSIGNMENTS. The Morgantown Cohort must turn in a hardcopy of their report at the beginning of the class session. The other cohorts may either email or fax their reports prior to the beginning of the class. Point value = 20 points per fact situation. In-Class Discussion. There will be a discussion in class of the project fact situation and analysis. All groups are expected to contribute to the discussion and all group members are required to be present. Failure to be present at the discussion will result in a 5 point deduction from the project grade of the absent group member only. If a student wishes, he/she can complete a make-up assignment to replace the 5 points. In addition to the written analyses, there will be four in-class ‘YOU BO THE JUDGE’ EXERCISES in which students are expected to participate. Participation in these exercises is valued at 5 points per exercise. If a student is not present for the exercise, she/he can make up the points by preparing the exercise in written form. (EXCEPTION: All students will received the 5 points for the first weekend) SOCIAL JUSTICE STATEMENT: West Virginia University is committed to social justice. I concur with that commitment and expect to maintain a positive learning environment based upon open communication, mutual respect, and non-discrimination. Our University does not discriminate on the basis of race, sex, age, disability, veteran status, religion, sexual orientation, color or national origin. Any suggestions as to how to further such a positive and open environment in this class will be appreciated and given serious consideration. If you are a person with a disability and anticipate needing any type of accommodation in order to participate in this class, please advise the instructor and also make appropriate arrangements with Disability Services (293-6700). ACADEMIC DISHONEST STATEMENT: It is an unpleasant task to have to mention the topic of academic dishonesty but, because violations of this nature occasionally occur, I want to refer students to University policy on this issue which is contained in the “West Virginia Student Handbook”. Instances of academic dishonesty will be handled by the immediate issuance of a grade of an unforgivable “F”. Academic dishonesty includes evidence of cheating on exams, quizzes, homework assignments and other required work. It applies to both the individual who obtains answers from another person and the individual who allows another to use his/her work. COURSE GRADING: In order to receive a grade (other than “I” or “F”) a student must satisfactorily complete all of the above-required work. However, in the event that a student is unavoidably absent from class during an in-class exercise or group presentation, the instructor will provide an alternative exercise. Although the instructor anticipates a straight grading scale (i.e., 90% of total course points = A; 80% of total course points = B; 70% of total course points = C; etc.), she reserves the right to adjust the scale at her option. The following indicates the point value of the required assignments: Class Participation…………………….….….40 points Exam/Case Analyses (100 points)………….100 Group Project (20 points each).……………. 60 Total Course Points………………200 points SCHEDULE AND ASSIGNMENTS (Tentative---The following assignments are subject to revision.): Weekend #1: September 5-6, 2003 LECTURE TOPIC(Friday): Introduction to Law, the Court System and Dispute Resolution READING ASSIGNMENT: Text, Chapters 1 – 8 QUESTIONS AND CASE PROBLEMS: Unit 1 Cumulative Hypothetical Problem, (text page 150) LECTURE TOPIC(Saturday): Contracts and E-Contracts READING ASSIGNMENT: Text, Chapters 12-14 QUESTIONS AND CASE PROBLEMS: 12-4; 12-6; 12-8 (text page 352) and 13-7; 13-6 (text page 386-7) and 14-1; 14-2 (text page 413) IN-CLASS GROUP PROJECT LECTURE TOPIC(Saturday): Product Liability, Privacy, and Other Tort Issues READING ASSIGNMENT: Text, Chapters 9-10 QUESTIONS AND CASE PROBLEMS: 9-1; 9-2; 9-3; 9-4 (text pages266-7) and 10-3; 10-5; 10-7 (Text page287). Weekend #2: September 12-13(until 12:00 noon), 2003 LECTURE TOPIC (Friday): Intellectual Property READING ASSIGNMENT: Text Chapter 11 QUESTIONS AND CASE PROBLEMS: 11-1; 11-5; 11-6; 11-7; 11-8 (text pages 314-5) GROUP PROJECT: IN-CLASS EXERCISE LECTURE TOPIC(Saturday): Promoting Competition and Investor Protection READING ASSIGNMENT: Text, Chapter 16; 23-24 QUESTIONS AND CASE PROBLEMS: 16-8; 16-9; 16-10 (text page 488) and 23-2; 23-4; 23-5 (text page 686) and 24-5; 24-6 (text page 712-13) GROUP PROJECT DUE: WRITTEN Weekend #3: September 19-20, 2003 LECTURE TOPIC(Friday): Creditors Rights and Bankruptcy READING ASSIGNMENT: Text, Chapters 15 QUESTIONS AND CASE PROBLEMS: 15-3; 15-4; 15-9 (text page 448-9) GROUP PROJECT: IN-CLASS EXERCISE LECTURE TOPIC: Employment and Labor Relations Law READING ASSIGNMENT: Text, Chapters 17-19 QUESTIONS AND CASE PROBLEMS: 17-5; 17-6; 17-8 (text page 519-20) and 18-2; 18-3; 18-4; 18-9; 18-10 (text page 545-6) GROUP PROJECT DUE: WRITTEN LECTURE TOPIC: Land Use and Protection of the Environment READING ASSIGNMENT: Text, Chapters 21-22 QUESTIONS AND CASES PROBLEMS: 21-3; 21-4; 21-7; 21-9 (text page 628-9) and 22-2; 22-4 (text page 660). EXAMINATION DUE OPTIONAL EXAM ESSAY: September 12, 2003 EXAMINATION: September 22, 2003