Sustainability in Big Business and Big Law (Wilkins)
Additional Information
Skills Training
Other Professional Skills: The class is aimed to assist students:
- identify the key legal sustainability issues involved in corporate transactions (investments, acquisitions and due diligence);
- understand how risks can be mitigated related to climate change litigation and other sustainability claims; and
- evaluate the effectiveness of policy initiatives designed to increase the social impact of business.
Grading
50% Participation,
50% Exam
Exam
Essay,
In Class,
Open-Book (Issue spotter exam in the form of a memorandum to a client )
No
Class meets in person.
Course Continuity
Students are encouraged to stay home if you are ill or experience flu-like symptoms. If you miss a class for any reason, it is still your responsibility to make up the work missed.
I offer the following to students who miss class due to illness:
- I will make PowerPoint slides or other class materials routinely available on the course site to everyone in the class.
Meeting Times/Location
W 1:30PM - 3:20PM
Tanenbaum Hall 145
Category
Upper-Level
Credits
2.0
Description:
Sustainability issues such as climate change, human rights and social justice have become the defining challenges of business. International corporations must navigate a complex web of regulatory and policy challenges to assure their long-term viability. In response to statutory, investor and customer pressures, environmental, social and governance factors have become fundamental to how Boards and Senior Executives value strategic opportunities and risk profiles. Lawyers will play an increasingly critical role in advising on trends related to: (i) the greater integration of sustainability within policy and legislation; (ii) the appetite of investors for sustainability considerations within their investment portfolios; (iii) the demand for greater transparency and uniform disclosure; (iv) the growth of green and social impact investment products; and (v) the heightened calls from stakeholders for equality and social justice. However, over the past few years there has been a growing climate-related backlash in the face of political and energy instability across nations. This course will provide a general overview of the statutory and regulatory frameworks required to advise businesses on these sustainability challenges and explore the policy implications of how evolving interpretations of “fiduciary duty” and “corporate purpose” may help or hinder the ability of business to make a meaningful impact on climate change and other societal issues.
Each class will present issues, often via a “case study”, and students will issue-spot sustainability challenges and advocate desired approaches within existing and evolving legal frameworks.
In addition, students will further hone their skills in issue spotting through sustainability case studies and final exam in the form of an advice memorandum directed at a key decision makers (law firm partners, generals counsel or government agency staff).
Pre-requisites: None
Assessment
o Issue-spotter in-class Exam: An advice memo to a client on key sustainability issues based on a fact pattern using themes from the course. (50 percent of grade)
o Class Participation and Reaction Papers: active participation is required by all students as well as the completion of weekly 1-page reaction papers (non-graded) of no more than 200 words to a case, article or topic raised by one of the week’s reading. (50 percent of grade). The reaction papers will be due via email on Monday at 11:59 pm before each seminar.
Attendance and Participation:
As a seminar, students are required to attend each class, arrive on time, and be prepared to engage in class discussion by doing the assigned reading. Since we are often using cases to illustrate the themes covered, I will typically ask a student to volunteer to “open” the class with a summary of the case and key holdings and issues. For certain classes, I will also ask you to exchange your reaction papers with fellow students for discussion. I will present slides on the topics covered which will be distributed after each class to ease the burden of note taking. Laptops will not be permitted to be used during the class. If a student is unable to attend due to illness, they must alert the professor via email ahead of class.
Business and Corporate Law Learning outcomes: Demonstrate a core understanding of business and corporate law; Perform legal analysis in the context of business and corporate law; Communicate effectively on topics related to business and corporate law; Demonstrate an understanding of the interconnection between the world of business and finance and that of business and corporate law, and how they affect other areas of law and society.
Environmental Law Learning outcomes: Demonstrate a core understanding of environmental law; Perform legal analysis in the context of environmental law; Communicate effectively on topics related to environmental law; Demonstrate an understanding of how environmental law affects other areas of law.