COURSE SYLLABUS
INTERNATIONAL BUSINESS LAW
Spring 2005
Dr. Efrat
Department of Business Law
CaliforniaStateUniversity, Northridge
Office: BusinessBuilding 3240
Phone: (818) 677-3967
e-mail:
Office Hours:
Tuesday & Thursday: 9:30 – 11:00 a.m.
and by appointment.
Course Objectives:
This course is primarily designed to introduce business students to a wide range of problems involving international trade, licensing and investment issues, and how those issues are affected by trade or investment in developed, developing and non-market economies. Further, this course aims at enhancing students’ critical thinking, as well as, oral and written communication skills.
Course Materials:
Required:
Richard Schaffer, et al., International Business Law and Its Environment (6h ed. 2004).
Course Reader: International Business Law (available in the bookstore)
PREREQUISITES:
Students must have successfully completed BLAW 280 (Business Law I) or its equivalent before taking this course.
COURSE REQUIREMENTS:
Attendance, Preparation and Participation (10%)
Attendance: Class attendance constitutes three percent of the student’s final grade in this course. If a student has two or less absences, he/she will earn the full three points. Any additional absences will result in a reduction of the attendance points. A student who is late to class may be deemed absent.
Preparation & Participation: Throughout the semester, all students are expected to orally discuss assigned court opinions, end of the chapter Questions and Case Problems, as well as Review Questions. Students will be called on randomly to discuss the materials. To the extent that a student is not present when called upon, it will be deemed as if the student was unprepared. The student’s level of preparedness when randomly called upon together with voluntary in-class participation during class discussion accounts for seven percent of the student’s final grade.
Students are expected to read the assigned chapter and do the relevant homework assignment before the related classroom discussion on the topic.
Exams (80%)
Midterm: There will be one midterm exam on testing the materials covered to that point in the course. The midterm will account for thirty percent of the final grade. The midterm and the final exams may include multiple choice as well as essay questions. The students will be given a practice essay exam prior to the midterm exam.
Final exam: There will be a final exam on the last day of class which will account for fifty percent of the final grade. The final exam will be cumulative.
Responsibility of students for the exams: The students are responsible to know all the material covered in all the reading assignments as well as the material covered in class.
No changes in grade: Grades for the essays are determined by a careful process designed to ensure fairness. Therefore, grades will not be changed unless there has been a clerical or computation error.
Grading system: Grades are assigned at the end of the course utilizing the plus (+) / minus (-) system.
GradeWeighted Grade PointsGradeWeighted Grade Points
A93-100C73- 76
A-90-92C-70-72
B+87-89D+67-69
B83-86D63-66 B- 80-82 D- 60-62
C+77-79F0 - 59
Make-up Exams: No make-up exams will be given. If a student is unable to take the midterm, he or she must produce documentary evidence establishing a valid excuse for failure to take the exam. If a supported and valid excuse is found, the final exam will account for eighty-five percent of the student’s final grade. If no such excuse is found, the missed exam will be counted as an “F”. If a student knows in advance that he or she will be absent for a good reason on the day that the midterm is to be given, it may be possible to arrange for an alternative test time. Arrangements must be made in advance. If a student is unable to take the final exam, he or she must apply for an Incomplete in accordance with University policy.
Homework assignments (10%)
Written responses to problem cases: Each student, or a group of students, is required to prepare typed responses to assigned end of the chapter Questions and Case Problems as well as to assigned Review Questions (found in the Course Reader). The typed responses are due at the beginning of class for which they are assigned. Assigned questions are listed below. The responses must be typed on 8 1/2” X 11” paper. There should be no more than 12 characters per inch and 28 lines per page. There must be at least a one inch margin on each side. Pages should be stapled and numbered, preferably by placing the appropriate number in the center of the bottom margin. Unless otherwise indicated, the answers should be completed in the IRAC format. Written responses will be collected on a random basis throughout the semester. Please note that some of the Review Questions are analytically challenging and may require a thorough reading of the relevant chapter and significant time commitment to complete.
Case briefs: Each group is expected to prepare a typed brief for all assigned cases. Each typed brief should include a section for the summary of the facts; a section for identification of the issue; a section for the relevant rule; a section for the holding or decision of the court; and a section for the reasoning. The typed briefs will be collected on a random basis throughout the semester.Written assignments will not be accepted after they are collected on their due date. Students who do not turn in their written assignment on the due date will not receive credit for that particular written assignment.
Course Topics and Assignments:
Introduction To International Business
Reading assignment: Chapter 1
Brief:
In Re Union Carbide Corporation Gas Plant Disaster at Bhopal
Questions and Case Problems: 2 (no need to follow the IRAC format)
Review Questions: None
International Law and Organizations
Reading assignment: Chapter 2
Brief: None
Questions and Case Problems: None
Review Questions: None
Sales Contracts and Excuses for Nonperformance
Reading assignment: Chapter 4
Brief:
Asante Technologies, Inc. v. PMC- Sierra, Inc. (See Course Reader)
Filanto v. Chilewich International Corp (See Course Reader)
United Trade Associates Limited v. Dickens & Matson (See Course Reader)
Decision of March 8, 1995 on New Zealand Mussels (See Course Reader)
Delchi Carrier Spa v. Rotorex Corporation
Questions and Case Problems: 5, 6, 7 (under CISG only) & 9
Review Questions: 1, 2, 3, 4, & 5 (in formulating your responses, refer to Appendix A in the text for additional information)
The Documentary Sale and Terms of Trade
Reading assignment: Chapter 5
Brief:
Kanematsu (Hong Kong) v. Eurasia Express Line (See Course Reader)
Basse & Selve v. Bank of Australia
Questions and Case Problems: 5 (Incoterms only)
Review Questions: 6 (no need to follow the IRAC format)
Bank Collections, Trade Finance, and Letters of Credit Reading assignment: Chapter 7
Brief:
Maurice O’Meara v. National Park Bank of New York
Courtaulds North America Inc. v. North Carolina National Bank
Sztejn v. Henry Schoder Banking Corp
American Bell International Inc. v. Islamic Republic of Iran
Questions and Case Problems: 4
Review Questions: 7 & 8
GAAT Law and the World Trade Organization: Basic Principles
Reading assignment: Chapter 9
Brief: None
Questions and Case Problems: 7
Review Questions: 9 & 10
Regulating Import Competition and Unfair Trade
Reading assignment: Chapter 11
Brief:
Heavyweight Motorcycles & Engines
American Spring Wire Corporation v. United States(See Course Reader)
Cabot Corporation v. United States(See Course Reader)
Smith-Corona Group v. United States(See Course Reader)
Questions and Case Problems: None
Review Questions: 11, 12, 13 & 14
Licensing Agreements & the Protection of Intellectual Property Rights
Reading assignment: Chapter 17
Brief:
Walt Disney Company v. Beijing Publishing Press
Questions and Case Problems: None
Review Questions: 15, 16 & 17
Host-Country Regulation
Reading assignment: Chapter 18
Brief: None
Questions and Case Problems: None
Review Questions: 18 (need not follow the IRAC format)
The Honors Code:
Students are expected to maintain high standards of ethical conduct throughout this course. In this regard, students are expected to fulfill the core ethical values adopted by the College of Business and Economics. Among other values, students are expected to treat their classmates and professor with respect and communicate truthfully with them. Students are expected to observe university policies on academic dishonesty in completing all academic work (please see University Catalog for more details). Students who violate the Honors Code will be subjected to disciplinary action.
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