NEW YORK UNIVERSITY



LEONARD N. STERN SCHOOL OF BUSINESS

NEW YORK UNIVERSITY

Department of Accounting, Taxation and Business Law

|LAW, BUSINESS & SOCIETY (C40.0006) SPRING 2008 |

❑ SECTION 06 TTR 9:30am - 10:45pm T-LC9

❑ SECTION 07 TTR 2:00pm – 3:15pm T-UC61

❑ SECTION 08 TTR 3:30pm – 4:45pm T-LC10

|PROFESSOR KOWAL |

❑ Office: KMC 10-87

❑ Office Hours: TTR 11:00am – 2:00pm & by appointment

❑ Phone: 212-998-0053

❑ Fax: 212-995-4230

❑ E-Mail: rkowal@stern.nyu.edu

❑ Secretary: Iantha Coleman icoleman@stern.nyu.edu or 998-0048

❑ TAs

Vinay Ganti vinayganti@

Janisha Sabnani janisha@

|COURSE DESCRIPTION |

The purpose of this course is to communicate an appreciation of the legal system and how laws are formulated, modified and enforced, and by whom. This course will show students how to think more deeply about the legal system and appreciate the way in which it has evolved and continues to evolve in relationship to business and society. Our overriding objective is to provide students with the opportunity to read clearly think critically and write analytically regarding the law, business and society interface.

|COURSE MATERIALS |

1. TEXTBOOK

Managers & The Legal Environment, by Bagley & Savage, Thomson/West, Fifth Edition. Several copies of the textbook will be placed on reserve at Bobst Library.

2. Lexis-Nexis

A legal database that is accessible at no cost through the Bobst Library at NYU. Go to the NYU Home page, click on Bobst Library, click on “articles via databases”, under popular databases “click on “Lexis-Nexis”, log on using your NYU Net ID.

|CLASSROOM GUIDELINES |

1. LBS (Law, Business & Society) PARTNERS/BUDDIES

After a few classes I will ask you to pick an LBS partner/buddy with whom you will do your homework and position paper assignment. You should contact your LBS buddy for handouts and assignments should you miss a class.

2. ATTENDANCE

Class attendance is mandatory and part of a student’s grade. Absences may be excused only in the case of documented serious illness, family emergency, religious observance, or civic obligation. If you will miss class for religious observance or civic obligation, please inform me as soon as possible by email. Recruiting activities are not acceptable reasons for class absence.

Attendance will be taken. If you must miss a class for any other reason, email me before class by stating the reason for your absence. It is your responsibility to find out from your LBS partner what materials were covered, what additional assignments were given, and get the class handouts. Excessive absences will lower your final grade in the course.

2. CLASS PREPARATION & HOMEWORK

Students are expected to come to class prepared having read text and assigned readings prior to class. Homework and other assignments are expected to be completed and handed in on time. Since I frequently call on students whose hands are not raised, you should let me know before class if you are not adequately prepared for that class.

3. SEATING CHART

Since class participation is important I will try to learn your names as quickly as possible.

Select a seat that you can be comfortable with for seating chart purposes. If

mispronounce your name please correct me.

4. CLASSROOM PARTICIPATION

Classroom participation is very important in this course. I am aware that some of you may be shy about speaking in the classroom. I respect this but strongly encourage you to participate.

5. EXAMINATIONS

The midterm and final examinations will be non-cumulative and open notes. A make-up exam is allowed only if I am notified prior to the scheduled examination and the appropriate medical or personal documentation is provided. Students who may need special accommodations should see me during office hours.

6. ETHICAL GUIDELINES: STUDENT CODE OF CONDUCT

All students are expected to follow the Stern Code of Conduct

()

A student’s responsibilities include, but are not limited to, the following:

• A duty to acknowledge the work and efforts of others when submitting work as one’s own. Ideas, data, direct quotations, paraphrasing, creative expression, or any other incorporation of the work of others must be clearly referenced.

• A duty to exercise the utmost integrity when preparing for and completing examinations, including an obligation to report any observed violations.

At the professor’s discretion, student work may be submitted to in order to detect instances of suspected plagiarism.

|Teaching AssistantS |Office Hours |LOCATION |

|Vinay Ganti | |Prof. Kowal’s Office |

| | |KMC 10-87 KMEC |

|JANISHA SABNANI | |Prof. Kowal’s Office |

| | |KMC10-87 KMEC |

|Vinay & Janisha are current students in the| | |

|JD/MBA program at NYU | | |

|Grading | | | |

|Assignment |Percentage |FORMAT |Due Date |

| |OF GRADE | | |

|Midterm |20% |Multiple choice & Short answer |March 6 |

|Position Paper |20% |5 pages |April 3 |

|Final Exam |20% |Multiple choice |TBD |

|Homework |20% |Varied | |

|Attendance Participation | | | |

|Debate Presentation & Debate Report|20% |Debate Presentation & Rebate Report |April 22 & 24 |

|Extra Credit |You will have an opportunity |Visit to a local Courthouse | |

| |to do an extra credit | | |

| |assignment in order to raise | | |

| |your overall grade for the | | |

| |course. | | |

|COURSE SCHEDULE |

The schedule set forth below is subject to change as the need arises. All changes will be announced in class. If you miss a lecture it is your responsibility to find out about any announced changes and to ask your LBS buddy to pick up a copy of the handouts.

|COURTS WITH INTEGRITY | |All chapters are in the textbook |

|Jan. 22 |Courts, Sources of Law and Litigation |Chapter 3 |

|Jan. 24 |Constitutional Bases for Business Regulation |Chapter 2 |

|INDIVIDUAL RIGHTS | | |

|Jan. 29 |Contracts |Chapter 7 & 8 |

| | |Omit pp. 241-244, 267-273, 277-279 |

|Jan. 31 |Contracts |Chapter 7 & 8 |

|Feb. 5 |Contracts |Chapter 7 & 8 |

| | | |

|Feb. 7 |Contracts |Chapter 7 & 8 |

|Feb. 12 |Contracts |Chapter 7 & 8 |

|Feb. 14 |The Employment Agreement |Chapter 12 |

| | |Omit pp. 423, 430-431, 449-452 |

|Feb. 19 |Civil Rights & Employment Discrimination |Chapter 13 |

|Feb. 21 |Torts |Chapter 9 |

|Feb. 26 |Torts |Chapter 9 |

|Feb. 28 |Product Liability |Chapter 10 |

|March 4 |Midterm Review Session | |

|March 6 |MIDTERM EXAM | |

|PROPERTY RIGHTS | | |

|March 11 |Intellectual Property |Chapter 11 |

|March 13 |Real Property & Land Use |Chapter 18 |

|SPRING BREAK |March 17 – March 22 | |

|BUSINESS RIGHTS FIDUCIARY DUTY | | |

|March 25 |Agency |Position Paper Topics Due |

| | |Midnight on Blackboard |

| | |Chapter 5 |

|March 27 |Forms of Business: Partnership, Limited |Chapter 19 |

| |Partnership, Corporations, Limited Liability | |

| |Companies | |

|April 1 |Forms of Business (continued) |Chapter 19 |

| | | |

|April 3 |Directors, Officers and Controlling Shareholders|Position Paper Due Midnight on Blackboard |

| | |Chapter 20 |

| | |omit pp.758-776 |

| | | |

|FINANCIAL TRANSACTIONS | | |

|April 8 |Securities Fraud and Insider Trading |Chapter 23 |

|April 10 |Criminal Law |Chapter 14 |

|April 15 |Criminal Law |Chapter 14 |

|April 17 |Debtor-Creditor Relations & Bankruptcy |Chapter 24 |

|April 22 |DEBATES |Debate Report Due in Class |

|April 24 |DEBATES |Debate Report Due In Class |

|April 29 |Debtor-Creditor Relations & Bankruptcy |Chapter 24 |

|May 1 |Final Exam Review Session | |

|May 6 |READING DAY | |

|May 7 – May 14 |FINAL EXAMS | |

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