Loyola University New Orleans College of Law

LOYOLA UNIVERSITY NEW ORLEANS COLLEGE OF LAW

FINANCIAL INSTITUTIONS LAW (LAW L829) FALL 2019 SEMESTER

SYLLABUS (Revised---06/17/2019)

Instructor’s Name: Professor R. J. Rabalais Eleanor Legier Sarpy Distinguished Professor of Law

Office Location: Room 436 7214 St. Charles Avenue (Broadway Campus) New Orleans, LA 70118-3538

Office Hours: Tuesdays--- 5:00 p.m. to 6:00 p.m. Thursdays---5:00 p.m. to 6:00 p.m. (or after class, or by appointment)

Office Telephone: (504) 861-5671

Office Email Address: [email protected]

Current Term: Fall 2019 Semester

Class Meeting Times: Tuesdays ---3:30 p.m. to 4:45 p.m. Thursdays---3:30 p.m. to 4:45 p.m.

Course Goals and Objectives:

(1) The course will provide students with an introduction to investment management regulation in the United States, where there are currently over $25 trillion in assets under management, involving over 95 million retail investors.

(2) The course is designed to provide a solid foundation for students interested in taking the North American Securities Administrators Association (NASAA) Series 65---Uniform Investment Adviser Law Examination, which is administered by the Financial Industry Regulatory Authority (FINRA).

Expected Student Learning Outcomes:

(1) Knowledge of substantive law and processes, including:  knowledge of substantive and procedural rules of law  the processes through which law is created, applied and changed  the policies underlying laws, and  the methods used to resolve disputes.

(2) Analysis and reasoning, including:  the ability to identify legal issues  the ability to apply the rules of law and policy to facts  the ability to construct arguments and analyze counter-arguments  the ability to adapt arguments as facts change and are discovered  the ability to exercise practical judgment, and  the ability to use facts, law, and policy to persuade.

(3) Communication, including:  the ability to articulate cogent legal issues  the ability to write objective and persuasive analysis, and  the ability to actively listen and react to changing facts and expectations.

(4) Conflict resolution, including the ability to anticipate consequences and assess risks, and

(5) Professional and ethical identity, including:  The ability to recognize and resolve ethical dilemmas, and  The ability to conduct oneself in accordance with the standards of professional conduct.

Required Text:

Joseph A. Franco & Karl-Otto Hartmann, Investment Management Regulation: An Introduction to Principles and Practice, (Carolina Academic Press, 2019) (“Franco”) ISBN: 978-1-61163-717-5 eISBN: 978-1-5310-1211-3

Assignments/Sequence:

First Class---Tuesday, August 20, 2019-----Franco, pages 3-34.

Second Class---Thursday, August 22, 2019---Franco, pages 35-52.

Subsequent assignments for each week during the course will be posted in advance on the blackboard in class.

Basis for Assigning the Course Grade:

Each student’s grade in this course will be based (at the student’s option) on either:

1. The grade assigned by the Instructor to the student’s take-home final examination, which will be administered on an open-book basis; or

2. The grade assigned by the Instructor to the student’s term paper for the course, which will focus on a topic, selected by the student with the approval of the Instructor, covered in the course. The term paper must be at least twenty (20) typed (double-spaced) pages long (not including footnotes and a bibliography).

Policy Statements Covering Attendance/Absences; Late or Delinquent Work; Behavior Expected in Class; and Cheating and Plagiarism:

 See Loyola University New Orleans, Law Bulletin—2019-20 http://2018bulletin.loyno.edu/law , and

 See Loyola University New Orleans, Student Handbook---2019-2020 http://studentaffairs.loyno.edu/student-handbook

 No computers or other electronic or hand-held devices may be used in class without the prior express written permission of the Instructor, which will be granted only in cases of absolute necessity.

Counseling Services:

1. The University Counseling Center (UCC), (located on the 2nd floor of the Danna Center on the Main Campus of Loyola University), provides mental healthcare for all currently enrolled Loyola students.

2. Office hours are Monday-Friday, 8:30 a.m. to 4:45 p.m., and services are free.

3. Counseling is available 24 hours a day/ 7 days a week by contacting the UCC counselor-on-call.

4. During business hours, call 504- 865-3835 to schedule an appointment and/or to request to speak with the counselor on-call.

5. After hours and on weekends, call 504-865-3835 and press 1 at the voicemail prompt, to be immediately connected to a trained and licensed mental health professional.

6. Please visit the OCC’s website for more information at: http://studentaffairs.loyno.edu/counseling .

Student Success, Accessible Education and Accommodations:

Loyola University is committed to offering classes that are inclusive in their design. If you encounter disability-related barriers in a course, please let the Loyola University Office for Accessible Education (OAE) know immediately. OAE welcomes your feedback, which will assist it in improving the usability and experience for all students. To find out more about the accommodations process or if you need to discuss the accommodations you may be eligible for, please see the OAE’s contact information below:

 Office for Accessible Education (OAE) Monroe Library, 2nd Floor Main Telephone Number: 504-865-2990 (front office) Email: [email protected] Website: http://www.loyno.edu/success/disability-services

 Law students should contact: Ms. Carol Magendie Law Building--- Room 345 Phone: 504-861-5494 Email: [email protected]

 Students who plan to take the final examination in this course at the Office for Accessible Education will need to login to Clockwork to make a reservation at least seven (7) days prior to the examination date.

Safety and Emergency Information:

At times, ordinary University operations are interrupted as a result of tropical storms, hurricanes, or other emergencies that require evacuation or suspension of on-campus activities. To prepare for such emergencies, please review the instructions at this link: http://academicaffairs.loyno.edu/students-emergency-responsibilities

Please note that students who are not living on campus need not file an evacuation plan with student affairs.

In order to be prepared in advance of, during, and after an emergency, each student is required to do the following:

1. Practice signing on for each of your courses through Blackboard.

2. Provide a regular and alternative e-mail address and phone contact information to each of your instructors.

3. Pack textbooks, assignments, syllabi and any other needed materials for each of your courses and bring them with you during an evacuation/suspension.

4. Keep up with your course work during the evacuation/suspension as specified on course syllabi and on-line Blackboard courses.

5. Complete any reading and/or writing assignments given by your professors before the emergency began.

Assuming a functioning power source is available to the student during the emergency:

6. Log on to Loyola University’s Web site: http://www.loyno.edu within 48 hours of an evacuation/suspension.

7. Monitor the main university site: http://www.loyno.edu for general information.

8. Log on to each one of your courses through Blackboard or e-mail within 48 hours of an evacuation/suspension to receive further information regarding contacting your course instructors for assignments, etc.

9. Complete Blackboard and/or other online assignments posted by your professors (students are required to turn in assignments on time during the evacuation/suspension period and once the university campus has reopened).

10. Contact your professors during an evacuation/suspension (or as soon as classes resume on campus) to explain any emergency circumstances that may have prevented you from completing expected course work.

Information Technology (IT)---How to Access Online Resources (e.g. LORA, Blackboard):

Loyola University’s Office of Information Technology (IT) provides on-campus computer systems assistance and technical support to students, faculty, and staff, through the support units of client services, computer services, distributed systems, telecommunications, and information management. Visit the IT Office on the 2nd floor of the Monroe Library on the

Loyola University Main Campus, (504-865-2255), or visit online at: http://academicaffairs.loyno.edu/infotech/student-computing .

 To access LORA, go to: https://lora.loyno.edu/usinglora.htm

 To access Blackboard, go to: https://loyno.blackboard.com/ Username: For most students and faculty, your username in Blackboard is your 8-digit Campus Wide ID Number. This is printed on the front of your Loyola ID card and is also the number most use to log in to LORA to register for classes. Password: By default, your password in Blackboard is made up of the first two letters of your FIRST name, followed by the last four digits of your Social Security Number. The letters in the default password are always lower case. This means that the caps lock on your computer keyboard must be turned off.

Assignments that must be completed at off-campus locations (e.g. fieldwork, service learning, etc.): None.