EMBA 702

Law, Regulation and Ethical Issues

July-September 2006

2 Credit Hours

Professor: Robert J. Aalberts J.D., M.A
Department of Finance, College of Business
Office: Beam Hall Room 524 Office Phone: 895-3919 E-Mail: robert.aalberts@unlv.edu
Website: http://www.unlv.edu/faculty/aalberts
Through readings, class discussions, and a written assignment we will explore legal, regulatory and ethical issues which affect managers in the practice of business.  Readings and lectures will provide students with a basic background in the theoretical foundations and practical workings of the U.S. legal and regulatory environment for business.  The course will also provide a basic grounding in the major ethical approaches developed through the history of philosophy, and show how they relate to legal and regulatory issues as they affect managers and business practitioners. 

To accomplish these goals the course will delve into three main areas of study. The first is a comparative presentation through lectures and readings of the two main legal systems of the world, how they evolved and presently work. In the second part we will read, discuss and critique the book A Civil Action in order to gain an understand of the actual litigious environment within which lawyers and businesses must often operate. The third part of the course incorporates ideas and business strategies from the book Using the Law for Competitive Advantage. The book, which has been specially created for EMBA programs,  explores how an understanding of law and how our American legal system works can be helpful for managers to gain a competitive edge over their competition. Two business scenarios that will be explored will be employment practices and product development. Lectures will include substantive tort, contract and employment law principles as they apply to these two important areas of business management.

In all three areas there will be discussion of the role of ethics and how, with an understanding of the law, managers will have be able to create both a legal and ethical environment for the benefit of their major stakeholders.






Course Objectives  The purpose of this course is to assist managers and others with responsible positions in business to identify and think clearly about legal and ethical issues which confront them in their official roles. Specific objectives include:

--providing a factual knowledge of the basis and workings of
  the U.S. legal and regulatory systems as they apply to the
  practice of business.

--helping managers and professionals to recognize the
  presence of legal concerns, and the need for appropriate
  professional legal advice.

--increasing awareness on the part of managers and other
  business professionals of the ethical implications of
  their decisions.

--providing a basis, rooted in the views of important
  philosophers, for thinking clearly and consistently about
  ethical issues as they appear in managerial and
  professional work.

--learning to development and apply a business legal plan.

--through the use of an actual case (A Civil Action), an insight in how complex
   litigation works applying both substantive and procedural laws.

Attainment of these objectives, and other objectives, will be evaluated through participation in classroom discussions, exams and a paper/presentation.

Course Materials

There are three required books:

A Civil Action, by Jonathon Harr

Using the Law for Competitive Advantage, by George J. Siedel.

Law, Regulation and Ethics, by Joseph Gilbert and Robert Aalberts.




 Grading  The semester grade will be based on the following components:

Final Exam        35%
Term Paper        35%
Participation        30%                           

Instruction on Term Paper
Students will write a paper applying the 4 steps presented in the “The Manager’s Legal Plan” detailed on pages 20-25 in the book Using the Law for Competitive Advantage. Students will be asked to form on their own a three person group and compose and present to the class their work product. The paper will be based on a legal problem. Each group will also make a short presentation to the class followed by class discussion of the paper in the last two days of class. More details will be provided on the first day.

Note on Participation
Active participation in the class requires that you be present, take part class discussions, and add to both the content and the quality of these discussions.  EMBA courses are greatly enriched by the shared experiences and insights of the class members: this is the objective of the participation portion of the grade.  Much of the learning in this course will occur during class lectures and discussions.

Other Information

--Smoking is not allowed in the classroom.

--Audio recording of class sessions should be discussed with the professor in advance.

--Students who wish to bring a visitor to class should discuss this with the professor in advance.

THIS SYLLABUS IS A GUIDE, NOT A CONTRACT.  IT MAY BE REVISED IF IT SEEMS IN THE BEST INTEREST OF THE CLASS TO DO SO.  STUDENTS WILL BE NOTIFIED PROMPTLY OF ANY REVISIONS.
 
Class Schedule

EMBA 702: Law, Regulation, and Ethical Issues


July-September 2006


Fri. July 21:        Introduction; Review of Syllabus.
                     Three views of ethics: Utilitarianism, Rights and
                     Duties, Fairness and Justice.
Reading Assignment: pp.22-98.
 Sat. July 22:          Comparative Legal Systems-Common Law and Civil Law.
                     Reading Assignment: pp. 1-12; 13-21.
 Fri. Aug. 4:        Comparative Legal Systems-Common Law and Civil Law
Reading Assignment:  pp. 13-21 (re-read for class).
A Civil Action: Read “Boston: July 1986 through “Rule 11.”                   
    
Sat. Aug. 5:    A Civil Action: Read “Discovery through “Billion-Dollar Charlie.” Using the Law: Read Chapter 1 (pp.1-28) “Seizing Competitive Advantage: A Legal Plan for Managers.”
   
Fri. Aug. 18:        A Civil Action: Read “Facher’s Plea through “The Vigil.”
Using the Law: Read Chapter 2 (pp. 29-56). “Meet Your Customer Needs” Moving from Product Liability to Product Innovation.”
        
Sat. Aug. 19:    A Civil Action: Read “The Negotiation” through “Blindman’s Buff” and “The Afterword.”
Using the Law: Read Chapter 3 (pp. 57-99) Create Competitive Advantage Through Your Employees.”
Presentations of Manager’s Legal Plan

Fri. Sept. 1:        Presentations continued. Final Exam