FREEMAN SCHOOL OF BUSINESS
LGST 3010-22
Legal, Ethical and Regulatory Environment of Business
Fall 2015
Instructor: Professor Jeffery Morgan
Phone: 504-913-2379 (cell)
Office Hours: Immediately after class.
E-mail: jdmorgan@tulane.edu
Class Meeting Day & Time:
Thurs 6:30-9:15p
Blackboard Site: myTulane.blackboard.com
Class Location: GWI, Room 131
Writing Instructor: James Marler (jmarler@tulane.edu)
Legal Coach: Ryan McLaren (jrynmac@gmail.com)
Course Description:
LGST 3010 is a writing intensive course, which examines ethical and legal issues that affect business
decision-making. The course covers ethical decision-making, including the concepts of professionalism,
integrity-based management, compliance-based management, and corporate social responsibility. The
course then focuses on the ethical and legal issues associated with the legal system, the litigation process,
alternative dispute resolution techniques, business torts based on negligence, intent and strict liability,
including fraud, product liability, misrepresentations, and misleading advertising, contracts, consumer
protection issues, business crimes, bankruptcy, labor and employment law, laws surrounding equal
opportunity, and property law, including patents, copyrights, trade secrets, trade names, and trademarks.
Course Prerequisites:
ECON 1010 or ECON 1030 and MCOM 3010 (students admitted Fall 2014 and later); Pre or corequisite: CDMA 1201; Sophomore standing.
Course Goals:
The goals of this course are to equip the student with the skills necessary to become a socially responsible
manager by focusing on the ethical, legal, economic, and discretionary aspects of managerial decisionmaking and to provide the student with an opportunity to think and write critically on these aspects of
management.
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Student Learning Objectives:
Upon successful completion of this course, students should be able to:
•
Identify and analyze the basic legal and ethical issues affecting business decisions to become a
more legally astute manager.
•
Improve critical and reflective thinking skills by identifying and addressing legal and ethical
issues in business decision making.
•
Communicate effectively through class participation and written assignments.
•
Understand the basic ethical principles within the context of value creation and risk management.
•
Understand the basic elements of methods of resolving business disputes through litigation and
alternative dispute resolution techniques.
•
Identify the basic elements of contract law.
•
Understand the basic legal issues associated with real estate and property law.
•
Understand the basic legal issues associated with the employment relationship.
•
Understand the basic legal issues associated with intellectual property.
•
Understand the basic torts that affect business.
•
Understand the basic elements of criminal law.
•
Understand the basic legal issues associated with debtor-creditor relations.
Textbook:
Sean Melvin and Michael Katz, The Legal Environment of Business: A Managerial Approach (2d ed.
McGraw Hill Education), ISBN 978-0-07-802380-4. You may use the printed loose-leaf version or the
electronic version of the text.
Grading:
Your grade in this course is based on three papers, three exams, and unscheduled quizzes.
These items are weighted as follows:
Exam 1
Exam 2
Exam 3
Papers
Unscheduled Quizzes
20%
20%
35%
15%
10%
The grading scale is as follows:
Grade A
Points 10093
A9290
B+
8988
B
8783
B8280
C+
7978
C
7773
C7270
D+
6968
D
6763
D6260
F
59 or
less
This course follows the faculty approved grading guidelines of a maximum class average GPA in the
range of 2.700 to 3.000 for core classes and a maximum class average GPA in the range of 3.000-3.333
for business elective classes. Please note the stated average class GPA range is a maximum average range
and the class average GPA range could be lower.
Class Attendance
Class attendance and participation are essential. If you miss a class, you are still responsible for the
subject matter covered in the lecture and for timely submission of all assignments. Since the pace of the
class may vary from week to week, reading assignments may also vary from the proposed course calendar
listed below. In the event of an absence, students should contact each other to determine the subject
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matter missed.
Statement about Academic Integrity
This class will be conducted in full accordance with Tulane’s policies about academic integrity including,
but not limited to, the Code of Academic Conduct and the Code of Student Conduct. These can be found
at: http://tulane.edu/college/code.cfm and https://tulane.edu/studentaffairs/conduct/upload/15-16-
CODE-BOOKLET.pdf.
Freeman Educational Norms and Expectations
This class will be conducted in full accordance with Freeman’s Educational Norms and Expectations.
Please reread the Norms and Expectations, which can be found at
http://www.freeman.tulane.edu/students/bsm/pdf/bsmnorms.pdf.
Learning Disabilities
Under the Americans with Disability Act and the Section 504 of the Rehabilitation Act, if you have a
disability, you may have the right to an accommodation; however, the right is contingent upon your
taking certain steps. You should review the steps that you need to take, as well as Tulane’s policy
concerning accommodations at http://tulane.edu/studentaffairs/disability/accommodations.cfm.
Any student with a disability, in need of course or examination accommodation, should request an
accommodation through the University’s Office of Disability Services (ODS) located in the Mechanical
Engineering Building. At the beginning of the semester, please provide me with a copy of your approved
ODS accommodation form. I am committed to working with ODS to ensure that I provide you with all
approved accommodations. If you do not deliver the approved accommodation form to me, I will not
know that ODS approved your accommodation, and I will have no basis upon which to provide those
accommodations.
Please Note: For students with extended time accommodation, you are to take your exams within the
Freeman School, please take your Exam Request Form to Suite 200 at least FOUR days before the exam
and the Office of Undergraduate Programs will schedule your exam. You must begin your exam when
the class normally would begin. For all other accommodations, please take your form to ODS, and they
will schedule your exam.
One Wave
Tulane University recognizes the inherent dignity of all individuals and promotes respect for all people.
As “One Wave,” Tulane is committed to providing an environment free of all forms of discrimination
based on race, ethnicity, creed, religion, gender, gender identity and sexual orientation, as well as all
forms of sexual harassment, including sexual assault, domestic and dating violence, and stalking. If you
(or someone you know) has experienced or experiences discrimination, domestic violence, sexual assault
or sexual harassment, know that you are not alone. Resources and support are available. Learn more at
http://tulane.edu/health/onewave/index.cfm. Any and all of your communications on these matters will be
treated as either “Strictly Confidential” or “Mostly Confidential” as explained in the chart below.
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Strictly Confidential
Except in extreme circumstances, involving
imminent danger to one’s self or others, nothing
will be shared without your explicit permission.
Counseling & Psychological Services (CAPS) |
(504) 314-2277
Student Health Center | (504) 865-5255
Sexual Aggression Peer Hotline and Education
(SAPHE) | (504) 654-9543
Mostly Confidential
Conversations are kept as confidential as
possible, but information is shared with key staff
members so the University can offer resources
and accommodations and take action if necessary
for safety reasons.
Coordinator of Violence Prevention | (504) 3142161
Tulane University Police (TUPD) | (504) 8655911
Office of Institutional Equity | (504) 862-8083
Specific Course Policies
 Exams
The course includes three closed-book exams that are administered in class. No student should ever miss
an exam. If you do miss an exam, you will be allowed to take a make-up only if you produce documented
evidence of an acceptable excuse, e.g., university sanctioned absence, doctor’s note, accident report.
Absent extraordinary circumstances, make-up exams are given on the last day of class. Please make sure
that you bring a pen to all exams. The final exam is a cumulative exam.

Quizzes
In order to insure regular attendance and encourage attentiveness and participation, unscheduled quizzes
will be given throughout the semester. The policy discussed above regarding missed exams will also
apply to missed quizzes.

Papers
You will complete three papers for this course. For the papers, the class will be divided into teams. I will
provide specific instructions in class and on Blackboard for each paper. See the appendix to this outline
for useful information about organizing any law-related essay, including your papers.
Each class will have a writing instructor and a legal instructor. You can meet with them separately in the
Management Communication Center on the second floor unless otherwise instructed. These individuals
serve as coaches to assist you with writing the papers, but they will not write the paper for you. For
example, you may have a passive voice error in your paper and the writing instructor may point out one of
these errors, and you will need to find the remaining passive voice errors and correct each.
How can you excel on the papers?
 Begin the assignment early by reading the chapter material the question covers.
 Schedule an appointment with the writing instructor and/or a legal instructor well in advance of
the due date. (Note: There are a limited number of appointment times, and if you wait until the
last minute, you probably will not be able to see the instructors.)
 Prepare a completed draft of the assignment and deliver a copy to the instructor/coach with whom
you want to meet, i.e., a copy to the writing instructor and/or a separate copy to the legal coach.
Please do so at least one business day in advance to allow the instructor to read the paper.
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

Meet with the instructor(s) at the time you agreed to do so and review with the instructor(s) any
comments the instructor(s) makes. Ask any questions that pertain to the assignment.
Revise your draft at least two more times and pay particular attention to your grammar and
reasoning, i.e., make certain that all of your conclusions are fully supported.
Please remember that writing takes a great deal of time, start early, and recognize that you will go through
multiple drafts before your paper will be in final form.
A. B. Freeman School of Business
Thursday Class Schedule-Fall 2015 (Class Topic Subject to Change)
Chap.
Classes
Intro to Class; Business, Societal, and Ethical
Contexts of Law
Thursday, August 27
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Legal Foundations; Business and the
Thursday, September 3
1-2
Constitution
The American Judicial System, Jurisdiction,
and Venue; Resolving Disputes: Litigation and
Thursday, September 10
3-4
Alternative Dispute Resolution Options
Exam 1
6
Overview and Language of Contracts
Thursday, September 17
Contract Formation
7
Thursday, September 24
Paper 1 Due
Contract Performance: Conditions, Breach, and
Thursday, October 1
8
Remedies
Saturday, October 3
Make-up Class (as needed)
Thursday, October 8
10
Torts and Products Liability
Thursday, October 15 – Sunday, October 18
Fall Break
Exam 2
11
Agency
Thursday, October 22
Saturday, October 24
Make-up Class (as needed)
Employment Relationships and Labor Law
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Thursday, October 29
Paper 2 Due
Thursday, November 5
13
Employment Discrimination
Thursday, November 12
23
Criminal Law and Procedure
Personal Property, Real Property, and Land
Thursday, November 19
24-25 Use Law; Intellectual Property
Wednesday, November 25 – Sunday, November 29
Thanksgiving Holiday
Intellectual Property
25
Thursday, December 3
Paper 3 Due
Thursday, December 10
Final Exam
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APPENDIX
IRAC
What is IRAC?
“IRAC” stands for Issue, Rule, Application, and Conclusion. It is one way to structure legal analysis. An effective essay
(no matter the overall length) follows some form of the IRAC structure where it is organized around each of these
elements for each and every issue identified as a legal problem.
IRAC is an extremely useful tool in organizing any law related essay answer. It is not the only way to structure an
answer, but it helps to make sure all bases are covered. Until you achieve the level of mental and written fluency where
you can weave together rule and fact in a seamless tapestry and transition between thoughts without loss of either the
substance or your reader, you might choose to rely on some form of IRAC to keep focused. Use IRAC as tool for
organizing your thinking and your writing. Think of it as a weaving loom that is there only to support the threads of your
argument, while you weave and create an intricately beautiful piece of fabric, i.e. a complete, logical argument. Soon, the
process will become automatic and you will rely less and less on the loom. Until then, you have something you can rely
on to guide you through the process.
How to IRAC
1. State the issue.
The issue is the most important element in the analysis and must be stated in a way to show what is in controversy. The
legal question weaves together the rule and the facts particular to the problem you identified. Articulate the issue by
creating the legal question presented by the facts. To find the issue, ask: “what is in controversy in these facts.” (Of
course you need to know the law to find a legal question in the facts.) Use the “whether/when” structure to help you
isolate and write an issue statement. For example, “The issue is whether a driver has a duty to yield to a pedestrian when
the pedestrian crosses the street outside a crosswalk.” You achieve the same result with other words – “Did” or “Can.”
Don’t get fixated on language. The key is the identification of the legal problem.
You should always use the following language to guide your thought process: “The issue is whether,” . . . then identify
and state the legal conclusion you want the court to reach . . . Don committed a battery, (or an offer was made, or the court
can assert personal jurisdiction) . . . and connect to the “relevant” facts (the relevant facts being those facts which impact
the outcome) . . . when he pushed Pam even though he knew she was in no danger of being hit by the bicyclist (or when
he said, “would you buy my watch for $500 in cash next Tuesday?” or when the defendant conducted business in the
forum state, had an office and a full-time staff, and paid state taxes). When completed, the sentence will read: “The issue
is whether Don committed a battery when he pushed Pam even though he knew she was in no danger of being hit by the
bicyclist.”
2. State the rule/law.
After you have the issue, you must articulate the rule. The rule and the facts are inextricably linked. Your analysis of the
facts will not make sense unless you have first identified the rule which determines the legal meaning to be attributed to
those facts.
Use building blocks for writing the rule of law, consider:
♦ Elements
♦ Definitions
♦ Exceptions to the general rule
♦ Limitations to the rule
♦ Defenses
When writing, follow a hierarchy of concepts by:
♦ Moving from the general to the specific;
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♦ Defining each legal term of art.
3. Analyze the facts in light of the law.
The analysis or application is the heart of the discussion and sometimes works better combined with the rule. It is where
you examine the issues raised by the facts in light of the rule. Your statement of the rule will drive your organization of
the analysis. You simply match up each element you have identified in the rule (in order) with a fact, using the word
“because” to make the connection between rule and fact. “Because” may be the single most important word to use when
writing the analysis. Using the word “because” forces you to make the connection between rule and fact. Also, make use
of the words “as” and “since”— they serve the same function as “because” and sometimes will sound less redundant when
used in the same paragraph as “because.”
Consider:
♦ The consequences of applying the rule – what will happen?
♦ What are the consequences of this rule in this situation?
Which leads you to consider:
♦ What does application of the rule mean here? What will be its effect?
Which will lead you to your conclusion.
4. Conclusion
Conclude each issue before drawing your final overall conclusion. There is no right or wrong answer, only logical
analysis based on the rule and the facts which lead to a reasonable conclusion. Note: Repeat the process for each issue
you identify — each issue forms the basis for a separate IRAC analysis.
Examples:
1a. Do not write:
In this case, while Pete the police officer was giving Dan a sobriety test, he noticed that Dan fit the description of an
eyewitness to the robbery, giving the police officer probable cause to arrest Dan.
1b. Do write:
In this case, Pete the police officer realized that Dan fit the description of the suspect, providing probable cause for arrest,
because Dan was extremely tall at 6’4”, was wearing a green and tan sweater with purple patches and pointy-toed alligator
cowboy boots, fitting the description provided by the eyewitness to the robbery.
2a. Do not write:
ABC Inc. engaged Dr. Jones to develop a drug that reduced hair loss. Dr. Jones worked in his own laboratory, hired and
fired his own assistants and set their working hours as well as his own. He meets with the President of ABC every Friday
morning to discuss progress on the project, and at this time, Dr. Jones submits his timesheet for payment. The President
pays Dr. Jones weekly.
2b. Do write:
Here, Dr. Jones can be considered an independent consultant for ABC Inc. because he completes all the research and
development work in his own laboratory, in a separate facility from that of ABC, where he has direct control over the
employees because he hired his own assistants, setting their work hours. He also exercises direct control over his own
work because he sets his own work hours and only meets with ABC once a week. Further, since he only meets with the
President of ABC on a weekly basis to discuss progress on development of the hair loss product, the President does not
supervise Dr. Jones on a daily basis as to the work in the laboratory.
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