Linfield College
 
BUS 435: International Business Law

Winter Term 2007

January 3, 2007 through February 7, 2007


Syllabus Rev. 11/20/06
 


Instructor

 
James Coduto, J.D.
email: course email system only
 
Text

International Business Law And Its Environments, Shaffer, Earle, and Agusti, Thompson South Western, Sixth edition, ISBN 0-324-26102-0
 
Course Description
 
This course will address the fundamental concepts, principles, and rules of law that apply to international business transactions. The study of contracts, financial instruments, trade law including GATT and the European Union, criminal law, and laws relating to transportation of cargo by sea and air and intellectual property law, political risk and international environmental issues.
 
Prerequisite
 
Junior standing or consent of instructor.
 
Course Objectives
 
The primary objective of this course is to develop the ability to apply legal reasoning to international issues using cases from the text to illustrate how an international body of law developed over the centuries of trade among nations. The course also explores current theories of international law as it relates to developed nations and their relationships to developing nations. Particular attention will be paid to human rights conventions and their application to the domestic laws of respective nations.
 
Additionally, the course will provide a vital understanding of the operations of the legal system of the United States as applied to the international community. Attention will be given to the comparison of the laws of various nations.
 
Students should come away from the course with an appreciation for the international legal systems, how they work, and the importance of the rule of law in international business transactions.

Please note: No concession has been made in course content or student requirements. Though compressed from 14 weeks to 6 weeks for the Winter term the content and student requirements remain the same to all other terms for this class.
 
Instructor Biography
 
I provide legal and regulatory guidance primarily in food, drug and medical device law for domestic and international medical device, pharmaceutical and biotechnology companies. My primary areas of expertise are in corporate compliance and legal affairs, and the legal aspects of human resource management. I am an owner of an high technology medical device company headquartered in San Jose, California, which manufacturers and markets computerized surgical instrumentation world wide. In addition to my Juris Doctorate degree, I hold a Master’s Degree in Human Resources and Organizational Development from the University of San Francisco as well as a B.A. in Psychology, and a B.S. in Law. I am an adjunct faculty member of Linfield College and Marylhurst University and have instructed numerous courses in business law, international law, and law and ethics. I have also instructed courses in human resources, organizational development and organizational communication.
 
Methods of Evaluation and  Grade Determination
 
The final course grade will be determined by the points you earn (400 points possible) in the following four areas:
 
Weekly Class Discussion
 
Maximum value: 100 points (5 weekly discussion events @ 20 points per event). BUS435 is a discussion intensive course. The student will need to spend a considerable amount of time in on-line discussion to yield full point value for the weekly discussion element of the class. Students are to make at least 5 responses to other classmates postings each week. the responses are to be written properly and of college level incorporating as much as possible concepts and ideas from the weekly reading. Class discussion question(s) will be posted on each Monday morning of the term.
 
Assigned Text Questions
 
Maximum value: 100 points (20 questions @ 5 points per question). Though there is no minimum number of words or paragraphs to write, you are to respond to the assigned questions in a thoughtful and detailed manner, incorporating your ideas and thoughts along with, as much as possible, concepts and ideas from the weekly reading assignment. Question responses are to be submitted in the prescribed format and by the due date indicated.
 
Case Research Assignment
 
Maximum point value: 100 points (4 research cases @ 25 points per case). The text contains numerous references to important cases in international law. Four of these cases have been selected for you to research over the course of the term. The directions are the same for each assigned case. You are to discuss, in no less than 500 words, the significance of the case to international law bringing into your response your ideas and thoughts, and, as much as possible, various concepts you encounter in the class text and from the weekly discussions. Research cases are to be submitted in the prescribed format and by the due date indicated.
 
Research Paper
 
Maximum point value: 100 points. You may select any of the covered topics from the class text that interests you. You must advise the instructor not later than the end of week 4 what your research paper topic will be and you must identify which research paper style you will be using. You may select either the APA or MLA research style. Papers submitted not using one of these styles will not be read or graded. An excellent reference source for research paper styles is a text by Diana Hacker:  A Writer’s Reference (5th. ed. – or later). Boston, MA: Bedford/St. Martin’s. ISBN# 0-312-41262-2. You may also reference her website for additional information: http://www.dianahacker.com/writersref.

Remember: this is a research paper. Therefore, you must formulate a thesis, state your thesis and support your thesis using one of the referenced research paper forms. The paper is to be, at a minimum, 2500 words in length, fully researched using at least six outside resources of your choosing. All sources are to be fully referenced according to the research paper form you select.

The research paper is to be submitted in the prescribed format and by 12:00pm (Noon) on the last day of class.
 
Standard Grading System
 
The standard grading system will be used then converted to a percentage of the total points earned, i.e., (360 points earned is 90% of 400 which would yield a grade of A, etc.).
 
90-100%        A
80-89%          B
70-79%          C
60-69%          D
59-0%            F
  
Course Policies

Academic Honesty
 
Cheating and plagiarism will not be tolerated. Any student found to be engaging in either of these activities at any point in the course will receive a failing grade for the assignment and/or the entire course and may be subject to further college sanctions. This policy will be strictly enforced.
 
Required Writing Format
 
All question responses, all research cases and final paper are to be submitted in Microsoft Word®.doc format only. Papers not submitted in this format will not be read or graded.
 
Attendance
 
Students are expected to attend and actively participate in every class meeting. Active involvement of each student in class discussion is essential to your success and the success of the class.
 
Rules of Discussion
 
The classroom is a safe haven within which individuals can discuss the widest possible range of topics without fearing retribution, ridicule, or attack. In order for this to happen, we must assume that we all are persons of intelligence and good will who may ultimately disagree, sometimes to a profound degree, with one another but whose characters are not impugned or intelligence disparaged because of this disagreement. The classroom is not a forum for proselytizing, nor a soapbox for diatribes by either students or faculty. For the academic endeavor to succeed, we must treat each other with civility, courtesy, and respect. All perspectives and questions are welcome, as long as they are impelled by a genuine desire for knowledge, can be articulated thoughtfully, and supported by sound reasoning.
 
Responses to Discussion Questions
 
Your responses should be based upon the readings and/or research you conduct over the course of the term. Additionally, they should be sufficient detail to convey your ideas clearly and intelligently. Please avoid “I agree” type comments such as: “I agree with what you are saying…”, etc. unless you adequately and with sufficient detail provide further comment and substantiation. Such comments add little to the discussion and are time consuming for the other students to read. Unsubstantiated “I agree” type  responses will not be counted as an indication of your participation in the discussion portion of the class.
 
Assignment Due Dates
 
All assignments are due by Sunday evening before week’s close at 9:00pm.
 
Late Work
 
Because the duration of the term is very short late work is not accepted unless extreme mitigating circumstances arise. (Please note: business travel is not an extreme mitigating circumstance).
 
Incompletes
 
A grade of incomplete (I) is given only in emergency situations. The student must request an Incomplete in writing and must obtain my permission. All uncompleted work must be completed within the time limits I set. If you simply do not turn in your final assignments, your course grade will be calculated with the missed portion counting for “0” points.
 
Students With Disabilities
 
Students with documented disabilities who may need accommodations, who have any emergency medical information the instructor should know of, or who need special arrangements in the event of evacuation, etc. should make an appointment with the instructor as early as possible, no later than the first week of the term.
 
Completion of Reading Assignments
 
The student is to complete all reading assignments prior to the beginning of the week’s discussion.
 
Class Start and Closing Times
 
All weekly discussion shall begin on Monday and continue through the following Sunday. The weekly site will close at 9:00pm Sunday.
 
Special Note: Use of On line Copyrighted Materials
 
The Technology, Education And Copyright Harmonization Act (TEACH) of 2002, updated various provisions of the United States Copyright Act, section 17 U.S.C. addressing specifically, among other things, fair use of copyright materials in the digital environment and distance learning. Please understand and adhere to the provisions of TEACH and how the law can affect your use of copyright material as a distance learner. If you have any questions pertaining to the use of copyrighted materials please let me know. For an overview of TEACH please link to North Carolina State University Library at: http://www.lib.ncsu.edu/scc/legislative/teachkit/overview.html
 
Incorporated by Reference
 
All Linfield College policies including those specifically not discussed or referenced herein are incorporated by reference to this syllabus. All policies will be strictly enforced. If you have any questions about any policy or need a copy of the policies please see your academic adviser. 
 
Course Reading and Written Assignments
 
All assignments are due the following Sunday evening of the week they are assigned unless otherwise noted by the instructor.
 
WEEK 1

Read:

Chapter 1: Introduction to International Business
 
Chapter 2: International Law and Organizations

Chapter 3: Resolving International Commercial Disputes
 
Chapter 4: Sales Contracts and Excuses for Nonperformance

Assignments


Answer  class discussion question(s) as posted on course site. Make at least 5 responses to other classmates postings

Answer text question 6 page 45 

Answer text question 10 page 45

Answer text question 1 page 73

Answer text question 4 page 100

Case research assignment 1: research on Internet or elsewhere: Harriscom Svenska. AB v. Harris Corp; discuss significance of the case to international law in NLT 500 words. List references.
 

WEEK 2

Read:

Chapter 5: The Documentary Sale and Terms of Trade
 
Chapter 6: The Carriage of Goods and the Liability of Air and Sea Carriers

Chapter 7: Bank Collections, Trade Finance, and Letters of Credit

Chapter 8: National Law Making Powers and the Regulation of Business

Assignments:

Answer  class discussion question(s) as posted on course site. Make at least 5 responses to other classmates postings

Answer text question 3 page176

Answer text question 4 page 176

Answer text question 1 page 241.

Case research assignment 2 research on Internet or elsewhere: American Bell International v. Islamic Republic of Iran; discuss significance of the case to international law in NLT 500 words. List references


WEEK 3


Read:

Chapter 9: GATT Law and the World Trade Organization: Basic Principles    
 
Chapter 10: Laws Governing Access to Foreign Markets

Chapter 11: Regulating Import Competition and Unfair Trade   
 
Chapter 12: Imports, Customs and Tariff Law

Assignments:

Answer  class discussion question(s) as posted on course site. Make at least 5 responses to other classmates postings

Answer text question 7 page 279

Answer text question 5 page 313

Answer text question 2 page 345

Answer text question 5 page 372


WEEK 4

Read:

Chapter 13: North American Free Trade Law
 
Chapter 14: The European Union and Other Regional Trade Areas

Chapter 15: The Regulation of Exports 
 
Chapter 16: International Marketing Law: Sales Representatives, Advertising, and Ethical Issues
 
Assignments:

Answer  class discussion question(s) as posted on course site. Make at least 5 responses to other classmates postings

Case research assignment 3 research on Internet or elsewhere: United States v. Mead Corp; discuss significance of the case to international law in NLT 500 words. List references

Answer text question 2 page 450

Answer text question 4 page 479

Answer text question 1 page 499


WEEK 5

Read:

Chapter 17: Licensing Agreements and the Protection of Intellectual Property Rights
   
Chapter 18: Host-Country Regulation: Corporate Law, and Currency Risk

Chapter 19: Nationalization, Expropriation, and Privatization
    
Chapter 20: Labor and Employment Discrimination Law

Assignments:

Answer text question 2 page 521

Answer text question 3 page 548

Answer text question 3 page  568

Answer text question 2 page  598


WEEK 6
 
Read:

Chapter 21: Environmental Law
 
Chapter 22: Regulating the Competitive Environment

Case research assignment 4 research on Internet or elsewhere: United States v. Aluminum Co. of America discuss significance of the case to international law in NLT 500 words. List references

Assignments:

Answer  class discussion question(s) as posted on course site. Make at least 5 responses to other classmates postings

Answer text question 1 page  621

Answer text question  4 page  645

Research paper (final) due by last day of class NLT 12:00 NOON