Law Public Policy & Business
Law Public Policy & Business GBL 395
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This 12 page Class Notes was uploaded by Bud Watsica on Saturday September 19, 2015. The Class Notes belongs to GBL 395 at Michigan State University taught by Heidi Bulich in Fall. Since its upload, it has received 56 views. For similar materials see /class/207784/gbl-395-michigan-state-university in Law and Legal Studies at Michigan State University.
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Date Created: 09/19/15
LAW PUBLIC POLICY AND BUSINESS GBL 395010 Spring 2012 Email address hbulichmsuedu Office 308 Eppley Class Time Mon Wed 1240pm 200pm Office Hours Mon Wed 845930 before or after class or by appointment I t is not our abilities that show what we truly are It is our choices Professor Dumbledore to Harry Potter in Harry Potter and the Chamber of Secrets quotThe world will not evolve past its current state of crisis by using the same thinking that created the situation Albert Einstein We do not inherit this land from our ancestors we borrow it from our childrenquot Haida Indian saying quotThe di ference between what we do and what we are capable of doing would su ice to solve most of the world39 s problems Mahatma Gandhi There is no saturation point in education you follow sound principles and you must apply this motto to business You must acquire wisdom in addition to knowledge Wisdom is the power which enables you to use your knowledge to advantage Thomas Watson Founder IBM October 10 1928 Course Description GBL 395 is designed to be an introduction to many of the legal aspects of organizing and operating a business entity in the US as well as an introduction to the fundamental principles of the American legal system Specific topics covered in this class will include constitutional law tort law contract law laws governing the creation and governance of business organizations international law corporate governance business ethics and property law The primary goal of this class will be to discuss the central legal principles that affect businesses in each of the aforesaid topics Case law is the foundation upon which the American legal system is built As a 1 GBL 395010 Spring 2012 quotLaw Public Policy and Business Professor Heidi Bulich result you will read cases and examine the legal reasoning embodied in these cases Finally students in this class will be expected to be aware of current legal issues which impact American businesses today This is a 3credit class which meets from 1240200 on Mondays and Wednesdays in Room 114 Bessey Required Readings I Kubasellt Brennan amp Browne The Legal Environment of Business 6 h Edition You may also use the 5th Edition but be sure you complete any extra readings that are only in the 63911 Edition I put a book on reserve in Gast I Stern The Buffqu Creek Disaster I Additional readings are listed on the syllabus and or posted from time to time on ANGEL Summary of Key Parts of Class Instructional Method Lecture in class group assignments problem sets group research presentation Testing 3ytests Each will be closed book closednote Each will be multiple choice TE See below for dates Book Quiz Bu ulo Creek will be administered through ANGEL on 4 4 Business Ethics Group Quiz will be talltenin groups of 4 or 5 students on 423 Attendance Mandatory 2 unexcused absences allowed see below Class Participation You are expected to contribute to class discussion and will receive a grade for class participation Homework gt See Assignments GBL 395 Sigmifjcant assigam ents l Federalism Case Studies 2 A Practical Look at Eminent Domain 3 Harry Potter Contract assignment 4 Enron and the Collapse of Wall Street research assignment Course Web Page Course information assigned readings homework assignments notes to the class and other materials will be posted from time to time on the class ANGEL site you are responsible for visiting this site often and downloading any necessary information PowerPoint slides which outline the class lecture will be posted before each class The Class Schedule is provided below Here you will nd detailed information for each class period in the semester on the syllabus This includes any readings which I expect you to have completed before GBL 395010 Spring 2012 quotLaw Public Policy and Business Professor Heidi Bulich class test dates and descriptions of class work which will be completed during the class session If I fall behind or there are major developments I need to let you be aware of Iwill update the class schedule Updates will be found on ANGEL on an Amended Syllabusquot To give you a rough idea of the order of topics we will cover please consult the course outline which is at the end of this syllabus You will also find a document entitled Assigm ents GBL 395 under the Lessons tab in ANGEL This is an explanation of each assignment due this semester and their due dates Evaluation and Grades Your final grade will be based on a total of 460 points allocated as follows You may look up your grades on ANGEL throughout the semester If you discover that I did not input a grade correctly you must notify me immediately Please be sure to retain copies of corrected quizzes homework and other class materials AttendanceClass Participation 30 points I expect to see you at every class session and I expect to see you on time You will need to signinquot to class every day If I discover that you are not attending class and asking another student to sign your name you will receive a 0quot for this portion of your grade Many materials will be presented in classes which do not appear in the required readings In addition the material in this class cannot be easily understood or mastered if you do not attend class Attendance is therefore expected and is required to satisfactorily complete this course My attendance policy is as follows you may miss one week s worth of class 2 absences no questions asked Every unexcused absence beyond this will lower your Attendance Class Participation grade If you want to be excused from class you must email my TAs before Cl SS these are considered excused absences Adair39s email address is macaule5msuedu Alex39s email address is shesterlltmsuedu 1 Excused students will still be expected to turn in any homeworllt which might be due on the date they are missing class if the assignment was supposed to be submitted to the Drop Boxquot If the GBL 395010 Spring 2012 Law Public Policy and Business Professor Heidi Bulich assignment was supposed to be handed in then the assignment is due on the day the student returns to class Excused students are responsible for completing any inclass work that they may have missed ASAP 2 Unexcused absences on quiz dates or test dates will result in a zero Each student begins the semester with 10 out of the 30 points allocated to Attendance Class Participation You will gain points by the quality of your inclass questions and comments and by the quality of your work in your inclass groups You can also gain points with quality posts to the class39s Discussion Forums see rubric posted under the Lessons tab You will lose points by having more than 2 unexcused absences arriving late to class leaving class early talking to your neighbor allowmg your cell phone to ring or by failing to demonstrate civility in class Iwill grade your participation across the whole semester The grade represents my overall assessment of your participation in the class While active participation is easiest to measure by those students who speak in class and contribute to discussions in class and online I will also give points to those who are clearly following the conversation are respectful of the speakers and appear to be actively engaged in class matters Discussion Forums Throughout the semester 2 different discussion forums will be available to you The rst will allow you to post questions if you are unclear about a topic we have covered in class These questions can be answered by me by my TAs or by your fellow students The second will allow you to post links to articles videos etc related to business law For this second forum I would like you to also post a short sumJnary of the source and explain its relevance to class this is something you will do all the time in the work world You will get points for thoughtful posts and responses see the Discussion Forum Rubric I have posted on ANGEL HomeworkInclass Group Work You will find all of the homework assignments listed on a separate document entitled Assigm ents GBL 395 which can be found under the Lessons tab in ANGEL The assignments are arranged by due date If I fall behind I may postpone the due dates You will be notified in class on an updated Assignments document and or by announcements on ANGEL Students will be expected to turn in each homework assignment as instructed on the Assignments document either electronically through the Drop Box that has been established for that assignment or at the beginning of class on the due date The cutoff time for homework submitted via the Drop Box will be 1240pm on the date it is due no late homework will be accepted Finally you should note 1 You can earn extra points for outstanding homework by turning in exceptional work this means that your work must stand out from the work submitted by your fellow classmates 2 You will only get full credit for homework if it is turned in on time see Late Policy below and if it is fully completed and 3 I expect all homework to be typed or neatly printed Late Policy GBL 395010 Spring 2012 Law Public Policy and Business Professor Heidi Bulich My late policy is as follows For every day your homework is late 1A1 of a grade will be deducted from it I will grade the work and then deduct the appropriate penalty If you have been excused please see above Quizzes and Exams Book Quiz The quiz on The Buffalo Creek Disaster will be open book and will be administered through ANGEL Business Ethics Quiz This quiz will be administered during class and will be completed in groups of 4 or 5 Exams Examinations will be closed notes closed book Each exam will follow the same format multiplechoice truefalse questions The final exam will not be cumulative Class Presentation 2 Options 1 Executive Managementquot Presentation Groups of 4 5 students will present to the class a legal issue which their fictitious business must address in a mock Executive Managementquot decisionmaking session A description of this assignment can be found on ANGEL 2 Foreign Investment Risk Assessmentquot Groups of 4 5 students will represent a company that is considering expansion overseas Several markets interest you due to their close access to growing markets and natural resources You remember from GBL 395 that it is important to consider many factors including the political stability of a region and respect for the rule of law when making this important business decision Your presentation will address these and other important considerations your fictional business must consider A description of this assignment can be found on ANGEL Signups begin on 12512 When you sign up you must provide the names of each of your group members organize your group first and then sign up You will choose the group of students to work with Presentations begin on 22012 Group Projects Your ability to work effectively in groups will set you apart from other new hires when you enter the job market Group projects will among other things require you to exchange ideas in a variety of situations conduct organized and effective meetings and presentations participate in and facilitate group communications utilize active learning techniques identify and solve problems and interact positively with people of both genders all ages and different cultural backgrounds You will work within this group on all of the inclass group assignments You will be expected to complete short tasks with your assigned group in many classes From time to time I will collect the work completed by your groups in class This work will count towards your homework grade Your inclass group will be assigned on January 18 Grading Grading will be roughly based on the following scale 40 55 50 25 20 15 10 00 GBL 395010 Spring 2012 Law Public Policy and Business Professor Heidi Bulich 92 88 82 77 73 69 65 gt65 lf circumstances indicate the need to do so grades will be adjusted on a curve relative to the overall class performance Plagiarism I will not tolerate plagiarism in your written work I expect you to use outside resources to satisfactorily complete your homework however you must properly credit these sources If you directly guote another you must put quotation marks around the passage and cite the source in an end note or footnote If you use somebody else39s ideas you must cite this source as well in an end note or footnote It is never permissible to simply copy another students work or to use work acquired from a web site that has term papers homework etc Whether intentional or unintentional claiming another39s work as your own is plagiarism Plagiarism will result in a failing grade and expulsion from the course or even expulsion from the university For more on what constitutes plagiarism please see httng librarydukeedu researchg plagiarismg indexhtml For information on how to cite sources see httng librarydukeedu researchg citingg You can use footnotes within the text known as Turabin Footnotes or end notes I do not care what format you use only that you give credit where credit is due Please review the policies below related to Academic Honesty and the Undergraduate Honor Code for complete guidelines on academic honesty Academic Honesty Article 233 of the Academic Freedom Report states that the student shares with the faculty the responsibility of maintaining the integrity of scholarship grades and professional standardsquot In addition you are subject to the policies on academic honesty as speci ed in General Student Regulations 100 Protection of Scholarship and Grades and in the allUniversity Policy of Integrity of Scholarship and Gradesquot which are included in Spartan Life Student Handbook and Resource Guide Students who plagiarize may receive a 00 on a particular assignment orfail the class Undergraduate Honor Code You are also responsible for adhering to the principles set forth in the Eli Broad College of Business Honor Code which is found at httng uasbroadmsuedu academics honorcode GBL 395010 Spring 2012 llLaw Public Policy and Business Professor Heidi Bulich Class Schedule Important things to keep in mind H The 7llowing is a detailed description ofeach class session Ifyou cannot be in class please check to see what you missed Also you should check ANGEL 7r any updateschanges 2 It is not necessary to read cases which are not speci cally assigned either to Groups or with the reading materials 3 There is an Assessment Quiz to test your recollection ofsome of the class materials after every unit the due date is the day of the exam which tests these materials Check the quotAssignmentsquot document located on ANGELfor due dates You will be assigned me to a Group with 2 or 3 other students 1 ofthe purposes of these Groups is to divide up homework You decide who does what part of the homework The first assignment which is divided up is the summaries of Commerce Clause cases He Dates Topic and A 1 9 Professor Introduction Introduction to Law and the Legal Environmental of Business Review Syllabus Read LEB Chapter 2 pp 2128 63911 Edition pp 2532 53911 Edition Chapter 3 pp 4248 63911 Edition pp 4754 5th Edition These are some of the materials that I will cover in class today Since this is the first day you did not need to read these prior to class but you will be responsible for them for Test 1 However in the future I expect the pages assigned each day to be read prior to class Chapter 1 will not be assigned lwill review how to summarize a case with you soon I have also posted a thoughtprovoking article you may enjoy entitled The Start Up of Youquot by Thomas Friedman which was in The New York Times 7 1211 Group Exercise Beginning to understand the role of law in business Review assorted cases Review questions 211 212 p 29 1 11 The American Legal System Read before today s class LEB Chapter 3 pp 3341 do not read WVU v Rich Rodriquez 63911 Edition pp 3747 53911 Edition Class Work Review World VVide Volkswagen and Ga ord homework in class Review questions 37 39 317 p 73 1 16 Martin Luther King Jr Day No Classes 1 18 The American Legal SystemADR Case Summaries Read LEB The Bhopal decision pp 24142 63911 Edition pp 25960 5th Edition and be prepared to discuss in class Chapter 3 pp 50 65 63911 Edition do not read E B 39 pp 54 72 53911 Edition Chapter 4 pp 70 77 8187 61h Edition do not read Hall Street Associates Soathland Corp and I gnazio pp7783 8796 53911 Edition do not read Trailmobile Trailer Southland Corp and I gnazio Class Work Review Bhopal decision pp 24142 together in class Why is this case important GBL 395010 Spring 2012 quotLaw Public Policy and Business Professor Heidi Bulich 123 125 130 21 26 Begin sitting with Professorassigned groups The Costs of Litigation Constitutional Principles The Commerce Clause Read LEB Chapter 5 pp 104 12 do not read United Haulers Association case 63911 Edition pp 115 23 do not read United Haulers Association case 5th Edition There are several important cases related to the Commerce Clause lhave chosen 3 for each inclass group to read Christy Brzonkala 0 Antonio Morrison et al and Katzenbach vs McClun g which can be found in the ANGEL folder entitled Constitutional Principles and Gonzales 0 Raich found on pp 106 07 6th Edition 11718 5L11 Edition in the book Divide these up among you your group must cover all 3 cases You will each prepare just one case It is OK if 2 of you do the same case In addition there are online questions related to legal challenges to the National Health Care law which you must answer Please see the Assignments document Class Work A look at the costs of litigation Begin review of Brzonkala McClun g and Raich cases and recent Commerce Clause debate re Health Care Reform Constitutional Principles Federalism Separation of Powers Read LEB Chapter 5 pp 99 102 do not read the Paula ones case 63911 Edition 10912 53911 Edition do not read the Paula ones case Signups begin for Class Presentation and Research Paper You choose who you would like to work with it does not need to be the Group I assigned you to Class Work Complete review of Commerce Clause Cases Constitutional Principles Important Recent Cases re Federalism and the Separation of Powers Reading Assignment None Class Work Review recent cases related to Federalism Constitutional Principles the First Amendment Read LEB Chapter 5 pp114 20 63911 Edition all read Central Hudson Gas 57 Electric Corporation 0 Public Service p 11617 pp 12531 5 h Edition all read Central Hudson Gas 57 Electric Corporation 0 Public Service p 127 Class Work Review Central Hudson case and new restrictions on tobacco advertising Constitutional Principles Fourth Fifth and Fourteenth Amendments Review The USA Patriot Act A Sketchquot prepared by the Congressional Research Service for Congress on April 18 2002 which can be found at http wwwfasorg irp crs R821 20 hdf we will study selected provisions in class Read LEB Chapter 5 pp 12E39gt2963911 Edition do m GBL 395010 Spring 2012 Law Public Policy and Business Professor Heidi Bulicli not read DABE Inc case pp 133 39 53911 Edition do not read DABE Inc case Class Work Understanding the Patriot Act and How it Impacts Business 2 8 Constitutional Principles Eminent Domain Introduction to International Business Read LEB Chapter 14 pp 38285 63911 Edition begin with Condemnation and all read Kelo decision found on pp 384 85 in the book pp 41821 5th Edition begin with Condemnation and all read Kelo decision found on pp 420 21 in the book Class Work Discuss impact of Kelo v New London decision re eminent domain review homework 2 13 Test 1 Enron and the Collapse of Wall Street An Examination of Corporate Responsibility and Business Ethics See homework assignment posted on ANGEL Due 328 This assignment is worth 25 points Bring to class 2 15 The International Legal Environment of Business Ways to Engage in International Business Begin Risks Read LEB Chapter 9 pp 22843 673 75 6L11 Edition and only read Crosby decision pp 24658 53911 Edition and the following articles which can be found in the International Principlesquot folder Group Reports Progress Fighting Corporate Bribery July 28 2010 The New York Times Russia Is Invited to Ioin OECD AntiBribery Pactquot May 25 2011 The New York Times and On a Visit to Saudi Arabia Doing What the Saudis Doquot March 14 2011 The New York Times Lindsey Manufacturing Defendants Convicted On All Countsquot May 10 2011 The Wall Street journal and view slideshow at http wwwu 39 39 rnst rnm business economvforeign corrupt practicesactwhattheofbribervis illegal 2011 07g 12g glg 2A1B38AI galleryhtml photo1 Foreign Corrupt Practices Act What Type of Bribery is lllegalquot July 12 2011 The Washington Post 2 20 The International Legal Environment of Business Risks of Engaging in International Business Read LEB Chapter 9 pp 24347 6th Edition only read Keller case pp 26167 53911 Edition only read Keller case Student Presentations begin 2 22 International Legal Environment of Business Complete Risks of Engaging in International Business International Organizations Read LEB Chapter 9 pp 24751763911 Edition pp 26875153911 Edition Class Work Listenview stories related to the global impact of trade decisions and answer questions re same GBL 395010 Spring 2012 llLaw Public Policy and Business Professor Heidi Bulich 227 229 3339 312 314 319 321 326 328 Law of Contracts and Sales Types of Contracts and Competent Parties Read LEB Chapter 10 pp 26268 278 83 do not read Fox and Audito cases 6th Edition pp 28490 30104 do not read Fox and Audito cases 53911 Edition Class Work Begin review of cases Law of Contracts and Sales Mutual Assent Offer and Acceptance Begin Genuineness of Assent Read LEB Chapter 10 pp 268 78 63911 Edition do not read Keaton case pp 290 301 53911 Edition do not read Keaton case Class Work Continue review of cases No Classes Spring Break Law of Contracts and Sales Complete Contracts I and Begin Contracts Read LEB Chapter 10 pp 28385 Chapter 11 do not read Shirley Parker Arrowhead School District and Fitl cases Class Work Continue review of cases Review problem sets Law of Contracts and Sales Complete Contracts II Reading Assignment None Class Work Problem Sets for Contracts Test 2 The Law of Torts Damages Read LEB Chapter 12 pp 30917 63911 Edition read BMWofAmerica v North America Inc v Ira Gore Jr which is found on page 312 pp 33847 5th Edition read BMW case on pp 34143 and the articles found in the Torts Folder in ANGEL which discuss BMWofAmerica v North America Inc v Ira Gore r State Farm Mutual Automobile Insurance Co 0 Campbell Philip Morris USA v Williams and recent attempts to expand legal limits on liability in damages incurred in the Deepwater Horizon Oil Spill Class Work Review recent important Supreme Court decisions a common sense approach or a signi cant loss of corporate accountability The Law of Torts Tort Reform and Beginning of Intentional Torts Read LEB Chapter 12 pp 318 19 to end of Defenses to Batteryquot 63911 Edition 348 49 to end of Defenses to Batteryquot 5th Edition Class Work Understanding the Pros and Cons of Tort Reform The Law of Torts Intentional Torts Defamation Read LEB Chapter 12 pp 320 begin with Defamation 324 to end of Defamation do not read Nemet Chevrolet Ltd 63911 Edition and pp 349 begin with Defamation 354 to end of Defamation do not read GBL 395010 Spring 2012 Law Public Policy and Business Professor Heidi Bulich 42 44 49 411 416 418 423 425 Optinrealbig com case 53911 Edition and Venting Online Consumers Can Find Themselves in Court 5 31 10 The New York Times which can be found in the Torts folder in ANGEL Class Work Review important Supreme Court decisions regarding the 1st Amendment Tinker the Pentagon Papers Case and New York Times v Sullivan Enron homework is due Please bring assignment to class The Law of Torts Disparagement Intentional Interference with Contract Invasion of Privacy Read LEB Chapter 12 pp 324 begin with Privacy Tortsquot 329 do not read the Ellen johnston case 6th Edition pp 354 60 5th Edition do not read Ellen Johnston and Janet Asay cases Class Work A look at recent cases related to Invasion of Privacy The Law of Torts Negligence Read LEB Chapter 12 pp 33136 63911 Edition do not read the Vicki Lynn Shultz case pp 36368 53911 Edition do not read the Vicki Lynn Shultz case Class Work Problem Sets Understanding Causation Contributory and Comparative Negligence Takehome quiz on Buffalo Creek Disaster will be available on ANGEL for a 24 hour period beginning at 600pm Law and Business Associations Review of Selected Topics Listen to Podcast and complete exercises in slides The Law of Torts Strict Liability Listen to Podcast The Law of Torts Product Liability Examples of Negligence and Strict Liability in Product Liability Cases Read LEB Chapter 13 pp 34250 35763 all read Riegel v Medtronic pp 35051 and Welge vPlanters Lifesavers Company pp 39193 6 h Edition do not read the Susan Calles case pp 37582 390 97 53911 Edition do not read the Susan Calles case Class Work Review ongoing product liability cases as well as Rie gel and Welge Business and Ethics Reading Assignment Articles assigned for homework Business and Ethics Reading Assignment None Group Quiz Introduction to the Law of Property Personal and Intellectual Property GBL 395010 Spring 2012 quotLaw Public Policy and Business Professor Heidi Bulicli Read LEB Chapter 14 pp 38889 Chapter 15 pp 394 409 all read Toys quotRquot Us Victor s Little Secret and ReulNetworks Inc do not read Zomba case 6th Edition pp 42339 5th Edition Class Work Current issues related to intellectual property Review Toys quotRquot Us p 395 Victor s Little Secret p 400 and ReulNetworks p 407 5 3 Final Exam 1000 1200 GBL 395010 Spring 2012 quotLaw Public Policy and Business Professor Heidi Bulicli
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