Michael J. O'Hara Office Hours: by appointment,

CBA 502 UNO Omaha NE 68182 before class, Monday & Tuesday 5:30 - 6:00 PM

(402) 554-2823 (with voice mail) and after class, Monday & Tuesday 8:40 - 9:30 PM

mohara@unomaha.edu Monday & Wednesday 9:30 - 10:00 & 11:30 - noon

fax (402) 554-2680 (after class office hours often are in the classroom)

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

NOTE: see treatment of MLK Holiday on MondayJan. 18 at end of syllabus

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.

25% DAILY ASSIGNMENTS

10% CLASS PARTICIPATION

5% memorization tasks and questions on that day's assigned readings,

5% leading discussion of law issues in the Wall Street Journal

15% NEGOTIATION PREPARATIONS

6% two 3% first draft of two-page Negotiation Prep. forms; two copies

6% two 3% second draft of two-page Neg. Prep. forms, two copies

3% evaluation of you as a negotiator

65% EXAMS

20% Solo Midterm

solo effort exam of 52 true-false questions

45% Comprehensive Final Exams

35% Solo Final Exam

solo effort on 105 true false questions

10% Group Exam

20 zero-guess multiple-choice questions

10% LEGAL ANALYSIS PAPER

1% Attend live performance Oleanna.

3% First Draft of Legal Analysis Paper, two pages and two copies

6% Second Draft of Legal Analysis Paper, two pages and one copy

 

 

TEXTS:

1. Cheeseman, Henry R. Business Law: The Legal, Ethical, and International Environment. Third Edition. Upper Saddle River, New Jersey: Prentice Hall, 1998.

2. Ponte, Lucille M. and Cavenagh, Thomas D., Alternative Dispute Resolution in Business. Cincinnati, Ohio: West Educational Publishing Company, 1999.

3. David Mamet. Oleanna. This textbook can be found under DART 1010.

4. Wall Street Journal.

 

DAILY ASSIGNMENTS

There are two types of DAILY ASSIGNMENTS: Class Participation and Negotiation Preparation. There is
NO MAKE - UP WORK for any of the DAILY ASSIGNMENTS. However, if you will need to miss a class you may fax (402) 554-2680 or email (mohara@unomaha.edu) your negotiation preparation assignment to me 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.

Class Participation: Class Participation has three parts and is worth a total of 10% of your course grade. Half of your Class Participation grade is earned on the first two parts (i.e., your unhesitating recall of the memorization tasks and your demonstrated familiarity with that day's assigned readings). The other 5% of your Class Participation grade is earned by your selection of articles from the Wall Street Journal to reflect certain assigned readings and your leading a classroom discussion of those law issues.

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. For the memorization and day's readings 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. For the Wall Street Journal task you will have an assigned day. All Class Participation efforts 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. 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. You should scan the Major Topics List prior to doing the reading for the week and you should bring the Major Topics List to every class so that you can keep track of which topics have been covered to date. You should approach your memorization tasks as memorization of lists of questions to guide your legal analysis (e.g., Was it knowing?, Was it intentional?, etc.). Memorization Class Participation only will address material covered in prior lectures.

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 hesitating but still almost perfect will earn an 80%, Class Participation for that day's assigned readings will earn an 80% if the student's performance provides objective evidence that the student did in fact read the text.

Half of your Class Participation grade will be earned on the third part of Class Participation: leading a discussion of law issues in Wall Street Journal articles. Each student will be assigned one class meeting during which that student will lead a short class discussion of law issues. You will select and focus on two articles originating or noted on page A1 from papers for the preceding week (i.e., MTWRF). One article you select shall contain law issues covered in assigned readings for the week of publication and the other article you select shall contain law issues covered in the
assigned readings for the week of your leading the discussion. For each selected article you will need to bring several items to class. When you lead the discussion you shall use one overhead transparency for each article. For transparencies use font sizes between 24 and 14 to make the transparency readable in the classroom. Each transparency will include, in order:

[1] bibliographic citation for the article;

[2] a 20 to 50 word summary of the article;

[3] a list of the three legal issues clearly raised in and/or related to the article;

[4] the legal issue from the assigned readings upon which you wish to focus
(e.g., consideration); and

[5] at least two questions you will ask other students to answer.

For each student discussion leader, the instructor will randomly select four students who will be responsible for addressing the questions raised by the discussion leader. The replies of these four students will be evaluated by the instructor as part of their day's assigned readings Class Participation grade. At the beginning of class each discussion leader will give the instructor:

[1] a photocopy of your two articles; and

[2] a photocopy of your two overhead transparencies.

When multiple students are to lead discussions on the same day, the instructor --based on the articles selected and the questions asked on the transparencies-- will select the order of the discussion leaders and may direct a discussion leader to not cover a particular question proposed by that discussion leader. The discussion leader should be prepared to follow up answers to the discussion leader's question with a more probing question that plays off of the answer of at least one of the randomly selected students.

Negotiation Preparations: For a total of 15% of the course grade, there are two negotiation preparation assignments (each with two drafts) and one negotiator grade. The first is due March 8/9 and the last is due April 5/6. Always bring
two copies of your First Draft and two copies of your Second Draft: one for the instructor and one for your in class use. Each is worth 3% of the course grade. The First Drafts will be graded 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%. The Second Drafts and the Negotiator efforts will be graded on the truncated scale of:

clearly excellent = 100%

expected quality = 80%

suspect quality = 60%

fail = 0%.

The typical Second Draft and Negotiator will receive a grade of 80%. The Negotiator grade is based upon how each of the five persons who negotiate with you grade your performance using the Negotiator Evaluation Form, as well as the instructor's observations of your negotiator skills.

A Negotiation Preparation Form will be distributed as will a Negotiator Evaluation Form (see Dr. O'Hara's web page and class handouts). You are free to use or to
re-design the Negotiation Preparation Form in completing this two page assignment. However, your negotiation preparation assignments must use the topic heading on the distributed form and your assignment must devote at least one-fourth of one page to analysis of the legal issues in the negotiation. See TYPING REQUIREMENTS. Your Negotiation Preparation Form will be easiest to read and use if you print it: [1] in landscape (instead of the ordinary portrait) layout; [2] using at least two columns to shorten the lines of text, and [3] group the text by the required headings.

During class on the days when First Drafts are due, the students will be assembled into groups based on the negotiation role they are playing. You will then meet and confer with your counterparts and further refine your Negotiation Preparation Form for the Second Draft. During class on the days when the Second Drafts are due, students will be "paired" by opposing roles and will conduct negotiations.

EXAMS:

There are three exams, a Solo Midterm Exam, a Solo Comprehensive Final Exam, and a Group Comprehensive Final Exam. The Solo Midterm Exam is on March 1/2 and is worth 20% of the course grade. The Comprehensive Final Exams are at the Regent's scheduled final exam time May 3/4 and are worth 45% of the course grade. The Solo Comprehensive Final is worth 35% and the Group Comprehensive Final is worth 10%. See Dr. O'Hara's web page for examples of prior exams.

The Solo Midterm Exam will be 52 true-false questions (graded as if there were 50) based on the lectures and the texts. The Solo Final will be 105 true-false questions (graded as if there were 100) based on the lectures and the texts. 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.

Study Groups will form no later than the end of break on April 19/20. 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
April 19/20, then 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.

LEGAL ANALYSIS PAPER:

All students shall attend a live performance of the play Oleanna and each student shall prepare a two-page, typed legal analysis of the play. See Dr. O'Hara's web page for examples of prior Legal Analysis Papers.

The paper assignment is worth 10% of the course grade. 1% is earned by attendance at a live performance. The play will be staged at UNOmaha
February 25 - 27 and March 3 - 6. Another 3% is earned on the First Draft of the paper due at the beginning of class on April 12/13. The last 6% is earned on the Second Draft of the paper due at the start of the final exam on May 3/4.

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 p.m. On March 4 the instructor will attend the play and will be available for the half-hours before and after the performance to discuss the Legal Analysis Paper assignment. Family members and guests are most welcome. 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 p.m. the night of the show. The Theatre Box Office and theatre entrance are near the south door of Weber FAB.

This 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.

On April 12/13 each student shall submit two copies of a First Draft. If a student attended the March 4 presentation and if the student checked in with Dr. O'Hara for taking attendance, then the student need do no more to earn the 1% for attending the live performance. All other students must staple their cancelled ticket stub to their First Draft to earn the 1% for attending. During class on April 12/13, one copy will be evaluated by two other students and returned to the student author. The other copy will be evaluated by the instructor on a pass-fail basis as to whether the First Draft is, objectively, a good faith attempt at a "final draft." A pass will earn 100%, while a fail will earn 0%. See TYPING REQUIREMENTS.

On April 26/27 each student shall submit one copy of a Second Draft which will graded by the instructor on the truncated 100%, 80%, 60%, and 0% scale repeatedly described above. See TYPING REQUIREMENTS.

TYPING REQUIREMENTS:

All typed assignments shall be in #12 font typeface, may be single or double-spaced, 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 role played or assignment [e.g., Kingpin or LAP First Draft]; (3) the date submitted. 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 networked printers.)

The ENRON Computer Lab in CBA 403 has word processing software and hardware for you to use and for which you have been charged a fee. Campus computing rooms in CBA 007, EAB 009, and DSC 104 also provide computer support for which you have been charged a fee. Grammar, punctuation, and spelling do influence your grade. For page limits and other assignment specific typing requirements, see the specific assignment. Significant failure to comply with the typing requirements (e.g., no header and/or no staple) will cause, at a minimum, an automatic deduction of 10% from your earned assignment grade.

MAKE-UP WORK:

Make-up work is strongly discouraged. There is no make-up work for DAILY ASSIGNMENTS 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."

	SAMPLE GRADES
	Legal Environment of Management
	Spring 1999		PROBABLE
	TASK	WORTH	GRADE	POINTS
	Solo Midterm	20		0
	Solo Final	35		0
	Group Final	10	85	8.5
	1st draft Neg	6	100	6
	2nd draft Neg	6	80	4.8
	Negotiator	3	80	2.4
	Attend play	1	100	1
	1st draft LAP	3	100	3
	2nd draft LAP	6	80	4.8
	Class Participation	10	80	8
	TOTAL	100		38.5	= EXPECT
	Course grade = Solo Midterm + Solo Final + EXPECT
						must earn
	To Earn a Course Grade of		need	EXPECT	must earn	as % of Solos
		A	90.0	38.5	51.5	93.64%
		B+	85.0	38.5	46.5	84.55%
		B	80.0	38.5	41.5	75.45%
		C+	75.0	38.5	36.5	66.36%
		C	70.0	38.5	31.5	57.27%

[1] The first date (e.g., Jan 11 in the sequence Jan 11/12 is for the Monday class and the second date is for the Tuesday class.

[2] On Jan 18 there is NO CLASS due to the Martin Luther King National Holiday. Unless the Jan 18 class can unanimously agree to a different solution,
that class meeting will be re-scheduled to Jan 19.

[3] On Feb 2 CBA will stage one of its "Leadership Series" speakers. Class may recess for a portion of the class time so that all students can attend the speaker, if the speech is relevant to the legal environment.

 

DATE CHAPTERS TASKS and DEADLINES

Feb 22/23 Cheeseman Chap. 22 - 28 (p. 373-504)