LAWCOMM 778 : Special Topic: Corporate Governance, Social and Environmental Responsibility

Law

2025 Semester Two (1255) (15 POINTS)

Course Prescription

No prescription

Course Overview

Companies are the engine room of national and global economies but are also responsible for much social and environmental harm. Social and environmental harms caused by corporate activity include fossil fuel companies’ fuelling of climate change, tobacco and junk food companies’ responsibility for public health, ‘modern slavery’ in food and clothing supply chains, abuse of animals in the production of food, cosmetics and pharmaceuticals, plastic pollution, and the increasing concern that artificial intelligence will be used to replace human workers and creators. This course provides the opportunity for students to consider how corporate governance and business regulation might ensure corporate environmental and social responsibility and hold companies legally accountable when things go wrong.

This topic is particularly suitable for a case study approach in which students find a scandal or problem of corporate misconduct and suggest how to reform law and practice to solve the problem for the future. Students can choose a research project in any area of corporate social or environmental regulation and responsibility.

Students will learn how to analyse a case study of corporate responsibility problem starting with stakeholder analysis of the issues and values at stake and using an array of interacting formal and informal organisational, legal and regulatory tools to address the problem. These may include corporate law and governance, international norms of human rights, due diligence, and environmental social governance (ESG), and various regimes of formal and informal business regulation such as environmental, health and safety, food and financial.

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 7: Collaboration
Capability 8: Ethics and Professionalism
Graduate Profile: Master of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Critically analyse problems of corporate governance and responsibility by reference to relevant ethical, social, environmental and legal considerations in order to identify the policy goals at stake. (Capability 3.1 and 8.1)
  2. Demonstrate an understanding of the range of available legal, regulatory and governance tools, and their likely strengths and weaknesses in practice, in order to identify and critically evaluate potential legal, regulatory and governance solutions to problems of corporate responsibility. (Capability 2.1, 3.1, 4.1 and 5.1)
  3. Make well-reasoned and supported proposals for legal, regulatory and/or governance solutions for corporate accountability and responsibility, drawing on research in legal and secondary literature that enables a critical understanding of the strengths and weaknesses of different areas of law, regulation and governance in context, including how they interact with one another. (Capability 2.1, 3.1, 4.1 and 5.1)
  4. Engage respectfully in discussion and debate regarding the challenges associated with effective and legitimate corporate governance, relevant policy goals and appropriate practical solution. (Capability 6.1, 7.1 and 8.1)
  5. Demonstrate autonomy, thoughtful and informed judgment and responsibility as a learner in the field of corporate governance, social and environmental responsibility. (Capability 8.1)

Assessments

Assessment Type Percentage Classification
Participation 20% Individual Coursework
Team debate 10% Group & Individual Coursework
Case study Stakeholder analysis and research trail report 20% Individual Coursework
Research essay 50% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5
Participation
Team debate
Case study Stakeholder analysis and research trail report
Research essay

For the team debate, on or before the first day, students will be allocated into groups, and assigned approaches to take in a debate against other teams of students based on course readings. There will be time in class for preparation of arguments, which will be assessed, together with initial presentation of arguments and counterarguments.

For the case study, each student will submit a report that includes a short summary and stakeholder analysis of their chosen corporate misconduct case study. The research essay will be based on that same case.  

Workload Expectations

This is a 15-point postgraduate course. The intensive, seminar portion will be for 24 hours. The guideline for the total workload for this course is 150 hours. 

Delivery Mode

Campus Experience

Attendance is required over the three day intensive because the course is designed to be participatory, and it depends upon students being personally present and contributing in order to complete and receive credit for components of the course. Sessions will not be available as recordings.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

This course is being taught for the  first time. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Published on 01/11/2024 06:07 p.m.