page last updated October 5, 1999

CORRECTIONS

Second Drafts of the RAP and TAP are two pages double spaced.

On December 1 meeting at 6:00 PM in Durham Science Building 115 prior to attending the play "Private Eyes" at 8:00 PM in the Weber Fine Arts Building.

Michael J. O'Hara

CBA 502 UNO Omaha NE 68182

(402) 554-2823 (with voice mail)

mohara@unomaha.edu

fax (402) 554-2680

http://cba.unomaha.edu/faculty/mohara/web/ohara.htm

Office Hours: by appointment,

Monday & Wednesday, 11:30 AM to 12:30 PM

before class, Wednesday 5:30 - 6:00 PM

and after class, Wednesday 8:40 - 9:30 PM

(after class office hours often are in the classroom)

COURSE DESCRIPTION:

3 credit hours. "Focus upon law and ethics. Business law, legal processes, and regulations will be the subject matter focus. Business ethics will be a recurring focus of analysis. Analysis of the social environment will include public policy. Both subject matter and analysis will be integrated to build the student's critical thinking skills. Prereq.: MBA Foundation courses."

GRADED EVENTS:

A course letter grade of "A" is earned with a total course percentage of 90.0% or more; a "B+" is earned with 85.0% or more; a "B" is earned with 80.0% or more; etc.

45% ANALYSIS PAPERS

15% RISK ANALYSIS

5% first draft, one page

10% second draft, two pages

15% TACTICAL ANALYSIS

5% first draft, one page

10% second draft, two pages

15% LEGAL ANALYSIS

5% first draft, one page

10% second draft, two pages

40% EXAMS

10% Midterm Exam solo effort exam of 35 true-false questions

30% Comprehensive Final Exams

20% Solo Final Exam comprehensive, 60 true false questions

10% Group Final Exam comp., 20 zero-guess multiple-choice

15% CLASS PARTICIPATION

memorization tasks and questions on that day's assigned readings

EXTRA CREDIT

up to +2% Leadership Series Summary, one page each

 

TEXTS:

1. Bagley, Constance E. and Dauchy, Craig E. The Entrepreneur's Guide to Business Law. USA: West Ed. Pub. Co., 1998.

2. Cavenagh, Thomas D. Dispute Resolution in Business. USA: West Ed. Pub. Co., 1999.

3. Dietz, Steven. Private Eyes.
(NOTE: In the UNO Bookstore this book also can be found under DART 1000, which is at the end of the aisle containing BSAD 8010.)

CLASS PARTICIPATION

There is NO MAKE-UP WORK for Class Participation. However, each student may exclude one absence from the calculation of his or her Class Participation grade. Your Class Participation grade is earned on two parts: i.e., your unhesitating recall of the memorization tasks and your objectively demonstrated familiarity with that
day's assigned readings. Class participation will be conducted at the beginning of the class. Students who are late for the start of Class Participation will earn a failing grade on that day's Class Participation. During Class Participation students will be called on randomly and will be called on in groups of four, but will be graded individually. Over the course of the semester, you personally will be randomly called upon at least three times. Each Class Participation effort typically earn a grade of 80% and each Class Participation effort will be graded on the truncated scale of:

clearly excellent = 100%

expected quality = 80%

suspect quality = 60%

fail = 0%.

When Class Participation focuses upon memorization tasks the questions will come from the Major Topics List (see Dr. O'Hara's web page and the class handout). The expected quality for memorization items is very high, however it is easiest to earn either a 100% or a 60% on memorization items since you know the questions beforehand. The Major Topics List only identifies the topics for memorization; the Major Topics List is not the thing to be memorized. For example, the Major Topics List includes "fraud." For "fraud" you need to memorize its five elements: knowing, intentional, misrepresentation of material fact, justifiable reliance, and injury.

In contrast to memorization, questions over that day's assigned readings will be limited to those text chapters and the expected level of recall is much less. While memorization recall that is near perfect and slightly hesitating may still earn an 80%; for that day's assigned readings answers will earn an 80% if the student's performance provides objective evidence that the student did in fact read the text.

ANALYSIS PAPERS

For a total of 45% of the course grade, there are three (3) Analysis Papers (each with two drafts). See TYPING REQUIREMENTS. Always bring two copies of your First Draft and Second Draft: one for the instructor and one for your in class use.

Each First Draft is worth 5% of the course grade. The First Drafts of the Risk Analysis and the Tactical Analysis Papers are one-page, single-spaced assignments; the Legal Analysis Paper is a two-page, single-spaced assignment. The instructor will grade First Drafts on a pass-fail basis. First Drafts will be graded as a "pass" and earn 100% if the First Draft objectively is a good faith effort at a final draft; if graded as a "fail," then the First Draft will earn a 0%. First Drafts also will be evaluated by other student authors who will provide feedback.

Each Second Draft is worth 10% of the course grade. The Second Drafts of the Risk Analysis and the Tactical Analysis Papers are one-page, double-spaced assignments; the Legal Analysis Paper is a two-page, single-spaced assignment. Second Drafts will be graded on the truncated scale of:

clearly excellent = 100%

expected quality = 80%

suspect quality = 60%

fail = 0%.

If past classes are a good indicator of the future, then suspect quality papers will be more numerous than clearly excellent papers. To be clearly excellent a student's paper needs to deftly handle interrelated issues with minimal verbiage. Mere recitation of streams of jargon, especially in a definitional context, is rudimentary. Thus, is no more than expected quality, and if such streaming precludes analysis, it is no more than suspect quality. Adroit use of jargon to efficiently convey complex concepts is clearly excellent. Second Drafts which are no more than First Drafts printed in double-space often are evaluated as suspect quality. Some students will be called upon to present their Second Draft to the class as part of their Class Participation grade.

If you must miss a class when an Analysis Paper is due, then you may
fax (402) 554-2680 or email to mohara@unomaha.edu your Analysis Paper assignment prior to the start of class. It will not be an adequate excuse that my fax machine was busy with other student's faxes that started transmission prior to your attempted transmission.

Risk Analysis Paper: This paper will analyze legal risks confronting an existing firm. On September 1 the class as a whole will select five (5) firms which satisfy the following criteria:

[1] headquarted in Nebraska or has a major presence in Omaha;

[2] required to make SEC filings; and

[3] has made an annual report to the SEC for the year 1998 (calendar or fiscal).

Each student will do a Risk Analysis of one firm and may choose any one of the five selected firms, subject to the requirement that least six students must analyze each of the five selected firms. Students will make their choice on September 15.

The Risk Analysis Paper will focus one footnote in the 1998 annual report that discusses a contingent liability. The student author shall discuss:

[1] the nature of the legal risk;

[2] whether the risk is "material"; and

[3] whether that footnote, and all relate footnotes, fails to adequately address all of the legal risk discussed.

The First Draft of the Risk Analysis Paper is due on September 29. The Second Draft of the Risk Analysis Paper is due on October 27.

Tactical Analysis Paper: This paper will analyze incentives created by an ADR system discussed in the Cavenagh textbook. Chapters 2 through 8 focus on seven different firm's ADR systems. Each student shall choose one of these firms for tactical analysis, subject to the condition that at least six students must analyze each of the seven firms. Students will make their choice on November 3.

The Tactical Analysis Paper will focus an explicitly created incentive (ECI) within the firm's ADR system. Specifically, the student author shall discuss

[1] the goal of the ECI;

[2] how the ECI also produces one or more unintended incentives; and

[3] the relative impact of the ECI and its unintended incentives.

Unintended incentives can either further the goal underlying the ECI or can work to defeat the goal.

The First Draft of the Tactical Analysis Paper is due on November 17. The Second Draft of the Tactical Analysis Paper is due on December 1.

Legal Analysis Paper: This paper will analyze a play for contracts and torts. All students shall attend a live performance of the play Private Eyes. (See Dr. O'Hara's web page for examples of prior Legal Analysis Papers.) The play will be staged at UNOmaha November 18 through 20 and December 1 through 4.

Performances are staged in the Weber Fine Arts Building: between and south of the UNO Library and the Durham Science Center. Performances start promptly at 8:00 p.m. and generally are over about 10:30 PM. On December 1 the class will attend the play and will meet in
DSC Room 115 at the regular 6:00 PM start time for Class Participation and to discuss the Legal Analysis Paper assignment. The instructor also will be available after the play to discuss the assignment. Family members and guests are most welcome to attend that class and/or the play. Tickets for students cost $5 and reservations may be made through the UNO Theatre Box Office at
554-2335 (with voice mail). Tickets for reservations must be picked up no later than 5:00 PM the night of the show. The Theatre Box Office and theatre entrances are near the south door of Weber FAB. A person who does not attend the play, but does author an otherwise "Pass" First Draft will earn a 50% for Legal Analysis Paper First Draft: be sure to "check-in" with Dr. O'Hara the night of the play.

This two-page assignment has two (not necessarily, but usually separate)
one-page assignments. On your first page you will analyze a transaction in the play for a "contract." On your second page you will analyze a transaction in the play for a "tort." In one of these two transactions you shall conclude that there is "no adequate remedy at law" and then proceed to an analysis of the most appropriate equitable remedy. The words "no adequate remedy at law" must be bolded and the analysis of equitable remedy or remedies must consume at least one-fourth of that page.

The First Draft of the Legal Analysis Paper is due on December 8. The Second Draft of the Legal Analysis Paper is due on December 15.

EXAMS:

There are three (3) exams, one midterm and two comprehensive finals, one solo and one group worth 40% of the course grade. The Midterm Exam is worth 10% of the course grade, will be 35 True-False questions graded as if there were 33 questions, and is on October 13. The Comprehensive Final Exams are at the Regent's scheduled final exam time December 15 and are worth 30% of the course grade. The Solo Comprehensive Final is worth 20% and the Group Comprehensive Final is worth 10%. The Solo Final will be 60 true-false questions graded as if there were 50. The Group Final will be 20 zero-guess (i.e., a, b, c, all, none, a+b, a+c, or b+c) multiple-choice questions based on the Solo Final questions. Each Study Group will get four attempts at successfully completing the Group Final exam. Questions will come from the two textbooks, the lectures, and class handouts covered to-date. See Dr. O'Hara's web page for examples of prior exams.

Study Groups will form no later than the end of break on November 10. Study Groups may have 3 or 4 members. All Study Groups must be voluntary associations: no student may be forced to join a group and no group may be forced to accept a student. If all students are not in voluntary groups by the end of break on
November 10, then none are and the instructor will randomly assign all students to involuntary groups. No group exists until all students are in voluntary groups or the instructor assigns involuntary groups.

TYPING REQUIREMENTS:

Whether the assignment may be single-spaced or double-spaced is specified in the assignment as is the page length. All typed assignments shall be in a #12 font typeface, shall use one-inch margins on all four sides of a page, and shall be typed on 8 1/2" x 11" white paper. DO NOT USE A COVER SHEET, instead use a single line header (e.g., see top of this page) on each page identifying, from left to right: (1) the student author; (2) the assignment; (3) the date submitted [e.g., BillyJoe DonBob Baleu; First Draft, Risk Assessment Paper; September 29, 1999]. For two page assignments you have two options: either you may print on both sides of one sheet of paper (the preferred method) or you may staple two sheets together. (NOTE: Because the computer labs' printers are networked, the computer labs will not let you print front-to-back. For you to print front-to-back you need to have control of the print queue, which is an inappropriate breach of security for the computer lab's networked printers.)

You have been changed a $5 per credit hour technology fee for the ENRON Computer Lab in CBA 403 and the campus computing rooms in CBA 007, EAB 009, and DSC 104 all of which have word processing software and provide computer support for you. Grammar, punctuation, and spelling do influence your grade. For page limits and other assignment specific typing requirements, see the specific assignment. EACH FAILURE to comply with the typing requirements (e.g., incorrect header or no staple) will cause an AUTOMATIC LOSS OF 5% from your earned assignment grade.

EXTRA CREDIT:

The MBA graduation requirements include attending three (3) Leadership Series presentations prior to graduation. The presentations start at 5:30 PM and run until 7:00 PM in the CBA Auditorium's main room, Pod A. During Fall 1999 the presentations will be on Tuesday, October 5 and on Wednesday, November 3. On November 3 class will start at 5:30 in the CBA Auditorium. You may earn 1% on each presentation.

To earn 1% Extra Credit you need to do two things. First, attend a Leadership Series presentation from start to finish, including "checking-in" with the MBA Advisor Lex Kaczmarek. Second, submit on the appropriate due date a one-page, double-spaced summary of the presentation, including your comments on how the presentation relates to law and/or ethics. The Extra Credit assignments will be graded in the same fashion as First Drafts.

The Extra Credit due date for the (Tuesday) October 5 presentation is October 20. The Extra Credit due for the November 3 presentation is November 17.

MAKE-UP WORK:

Make-up work is strongly discouraged. There is no make-up work for Class Participation and really not feasible for the Group Final Exam. There are two prerequisites for make-up work.

1. 24 hour prior notice of your intended absence, unless for sufficient reason (e.g., death of an immediate family member); AND

2. timely, written verification by an impartial third party
(e.g., from mortician on letterhead).

ACADEMIC DISHONESTY:

Any form of academic dishonesty (e.g., looking on another student's Solo Final Exam) will be grounds for a course grade of "F."

DATE CHAPTERS TASKS and DEADLINES

Oct 13 6:00 - 6:30 study time
6:30 - 8:00 Midterm Exam