Second- and Third-Year Elective Courses
Nearly all of these courses are offered every year. Some courses alternate with seminars.
602. Accounting for Lawyers
2 hours. This course is designed for those liberal arts majors who know nothing about accounting and finance. It will introduce fundamental bookkeeping and accounting concepts and process in survey fashion through generally accepted accounting principals and issues raised by the subjectivity in those principals, and explore the end result of the accounting process: the financial statement.
701. Administrative Law
3 hours. A study of the legal constraints on administrative agencies. Topics include the constitutional limits on Congress' power to delegate legislative and judicial power to agencies; procedures imposed on agency adjudication and rulemaking by the Constitution, the Administrative Procedure Act, and other statutes; the scope of judicial review of agency decisions, including the methods by which courts restrict and control agency discretion; and the limitations on the availability of judicial review.
630. Admiralty Law
3 hours. A study of substantive law of maritime transactions and the jurisdiction and procedure of admiralty courts
847. Advanced Civil Trial Practice
2 hours. Prerequistie: Evidence and Trial Techniques. Designed to build on the litigation techniques and skills first encountered in the Trial Techniques Program. Using a simulated case file in an employment case, the class will help develop the skills, strategies and tactics necessary to be effective courtroom advocates. The course will employ lecture, demonstrations, movie and video-tape simulations as well as regular participation by the students and constructive criticism and helpful hints from the course instructors, who are all very experienced litigators and judges. Invited guests who litigate regularly in this area of practice will also participate. Courtroom technology and visual aids will also be explored. The course will conclude with student teams conducting a trial in a real courtroom setting.
657. Advanced Legal Research
2 hours. An examination of the legal research methods and sources beyond the basics taught during the first year of law school. Government publications, electronic resources, aids for the practitioner, and international law research are among the areas covered.
649. Advanced Legal Writing & Editing
3 Hours. The basic content of the course is reflected in its required text: S. Armstrong & T. Terrell, Thinking Like A Writer: A Lawyer’s Guide to Effective Writing and Editing (Practicing Law Institute, 3rd ed. 2008). Although the nature of the course will be, like Prof. Terrell’s CLE presentations, primarily lecture and discussion of examples, its precise format will depend on the number of students who elect to take it: If it is a small group, more individual feedback will be possible; if it is a large class, smaller sub-group discussions will be organized.
Although this will be a “writing” course, and short writing projects will be included in it, the emphasis of the course will actually be on “editing” – understanding how readers react to documents, and thus how to assess quickly the weaknesses in one’s prose caused by failing to appreciate the reader’s perspective. One theme of the course will be that you cannot learn to write effectively unless you understand deeper theories of communication. Those abstract concepts will be made practical by focusing primarily on fundamental writing “principles” rather than narrower writing “rules” or “tips,” and correspondingly by analyzing one’s writing from the “top down:” starting with issues of overall “macro” structure and descending to matters of “micro” detail.
755A. Advanced Pre-Trial Skills: Legal Strategy, E-Discovery, and Class Actions
3 hours. Prerequisite: Federal Courts. Advanced Pre-Trial Skills is for students who have taken Civil Procedure, and Federal Courts, and are ready for an advanced strategy practicum that prepares them for the complexities of modern litigation practice.
The Legal Strategy part of the course teaches students to consider the theoretical aspects of strategy and methods for working through a strategy problem, and then apply those theories and methods to practical problems. The problems involve a small business that encounters a series of situations requiring advice with respect to strategy.
In the second part of the course, the students will learn about negotiation theory and strategy and apply these techniques to the negotiation of an e-discovery dispute. Discovery of electronic materials, usually in digital format, creates some especially difficult, time-sensitive responsibilities for lawyers. Practicing successful methods for dealing with these responsibilities in a learning-by-doing setting provides an opportunity to adapt these methods to the individual lawyer’s own situation and style.
This is “entry-level” subject matter in the sense that it does not purport to cover all the specialized aspects of e-discovery, particularly those faced by very large companies or by companies with unusual records retention practices. The purpose of this part of the course is to provide lawyers with a general methodology that will, in most cases, prevent sanctions against the client and the lawyer, while being responsive under the rules to e-discovery requests and minimizing unnecessary business interruption. However, no general method can protect against every mistake or every type of intentional wrongdoing. And no general method can minimize business interruptions in every situation.
This course is structured around the requirements of the Federal Rules of Civil Procedure and the Federal Rules of Evidence. States may have more or less restrictive requirements, but the federal rules provide a useful general benchmark, and many state jurisdictions follow them.
E-discovery problems arise in two distinct phases:
- Preservation, production, and use of e-discovery; and
- Prosecuting or defending against challenges to the sufficiency of e-discovery.
These are quite different areas and require different skills. For this reason, we have developed two separate sections on e-discovery. The first part focuses on preservation, production, and use of e-discovery and seeks to develop the skills for interviewing, negotiating, and organizing your electronic discovery. A second part focuses on challenges to the sufficiency of e-discovery and seeks to develop the skills for preparing, arguing, and defending against typical motions for protective orders, motions to compel and motions for sanctions.
The e-discovery problems also develop skills in counseling clients, negotiating with opposing lawyers, and dealing successfully with vendors. These skills are directed at the first-in-time problems of e-discovery – getting it right at the start and preventing disputes or adverse decisions. The course adapts established learning-by-doing teaching materials on interviewing and counseling, and on negotiation, for the special e-discovery setting. The case law applies primarily to the second area of e-discovery: prosecuting and defending against challenges to the sufficiency of e-discovery.
Finally, in part three of the course we will deal with the strategy and law of class action law suits. This part of the course will teach you how to make the decision whether to file a class action law suit, or go it alone. It will also examine how to think about your defense options: whether to agree to a class action for settlement purposes, fight class certification, or negotiate some variation between these two extremes,(including an overview of multidistrict litigation options). This part of the course will also refine your understanding the law and procedure (including appellate review) related to class certifications.
605. Alternative Dispute Resolution
3 hours. A study of the theory and practice of terminating disputes outside the routine litigation process. Negotiation, mediation and arbitration, as well as various hybrid methods of dispute resolution, are considered. Incorporates exercises demonstrating the mechanics of the primary dispute resolution techniques.
655. American Legal History: The Law of Colonial and Antebellum America (1607-1868)
3 hours. This course treats the history of American public, private and penal law from its colonial beginnings through the American Civil War and Reconstruction. (A sequel course, offered in 2010-2011 by Professor Polly J. Price, will treat later nineteenth and twentieth century developments.)
The main aim of this course is to understand the evolution of American law in intellectual, political, social, and economic context. We shall analyze the emerging American legal understandings of authority and power, rights and liberties, individuals and associations. We shall witness the gradual and painful efforts, only partly successful in this period, to include slaves and servants, women and children, natives and immigrants within the ambit of legal protection. And we shall focus on the transformation of constitutional law, criminal law, and private laws of marriage, property, contract, and commerce in the first century after the American Revolution. Much of what we now take for granted in our American legal system today, we shall see, was forged in the remarkable century of legal development between the Revolution and the Civil War.
Part I of this course focuses on the colonial legal system, particularly in Massachusetts and Virginia, viewed against the prevailing law of England and the Continent. Part II deals with the remarkable development of American constitutionalism in the young American nation, at both the state and federal levels. Part III analyzes the transformation of American private law and criminal law in the first half of the nineteenth century. Part IV traces the painful struggle over slavery and abolition, culminating the American Civil War and passage of the Thirteenth and Fourteenth Amendments.
Classes will consist of lecture and discussion. There will be a take home examination, handed out the last day of the semester, with a 3000 word answer due the last day of the law school examination period.
655B. American Legal History: Civil War to the Present
3 hours. This course will provide an overview of major developments in the history of law in the United States since the Civil War. Topics will include the post-Civil War reconstruction amendments, law and society during the two World Wars, legal realism, federalism and the regulatory state in the New Deal era, and the development of civil rights through the Warren Court and beyond. The following questions will frame the inquiry: Whom does the law primarily serve? What is the relationship between law and the larger society? What is the appropriate role of the courts? Classes will consist of lecture and discussion, with a take-home exam distributed on the last day of class and due by the last day of the exam period.
655 A. American Legal History: Workshop On Citizenship/Race
3 hours. Participants in this workshop will examine the evolution of US citizenship as defined and interpreted by courts during the 19th and 20th centuries, with particular attention to the way race and the historical events that constructed race affected citizenship. Topics the workshop will research include the thirteenth, fourteenth and fifteenth amendments to the US Constitution, the 1866 Civil Rights Act, Reconstruction legislation, immigration restrictions imposed on Asians, legislation impacting the racial definition of Mexicans, statutes governing the citizenship of indigenous native peoples, racially based prohibitions against voting, education, and employment, and efforts to eliminate them manifested by the 1964 Civil Rights Act. Each student will select one or two topics and be responsible for writing one brief memorandum, and one more detailed, as well as an oral presentation to the seminar. Grading will be based on student participation in the discussion and the drafting of their research memoranda.
734. Analytical Methods
3 Hours. This course explores the application to the practice of law of analytical methods of the social sciences and business profession. It will introduce essential concepts from economics, accounting, finance, statistics, and game theory to prepare students for legal practice in the modern world. These tools can be tremendously important and useful; not knowing something about them can be a serious detriment to the effective practice of law. Always, our focus will be on the application of analytical methods to real legal problems, such as the appropriate measure of damages or when to settle a case -- not becoming adept at complicated calculations. Our primary goal: to recognize when an analytical method would be useful in a legal situation and to develop a rough idea of how to use that method. Students are not expected to have any prior training or experience.
702. Antitrust Law
3 hours. A study of the federal regulation of competitive practices under the Sherman, Clayton, and Federal Trade Commission Acts. Antitrust problems such as joint activities by direct competitors, monopolization by single firms, restraints imposed by manufacturers on their distributors, and mergers are covered.
604. Banking Law
3 hours. This course will examine the nature, content and scope of the rules regulating the banking industry in light of economic and social purposes. The course will also look briefly at the history of the U. S. banking industry and will emphasize the economic and business aspects of the individual bank and of the industry as a whole.
3 hours. An introduction to the law of bankruptcy. Covers preliminary problems leading to bankruptcy, eligibility for bankruptcy, collection of the debtor's estate, the trustee's avoiding powers, distribution of the estate, and discharge of the debtor. Less thorough investigations of Chapter 11 reorganizations and Chapter 13 rehabilitations are also included.
635C. Barton Child Law & Policy Clinic: Public Policy Offering
3 hours. Prerequisite: Child Advocacy or Child, Family, State. Public Policy Clinic (Fall Semester): Lawyers who practice in the public interest face a range of choices about which issues are most salient and what measures are best adapted to accomplishing desired goals. The purpose of this clinic is to engage students in the process of policy development, from conceptualization to the drafting of concrete proposals for reform. Working in teams, students begin by identifying and researching real life problems relating to children and youth involved with Georgia’s juvenile courts. Research is both data-driven and reality-based and involves examining scientific or statistical data as well as interaction with stakeholders and people affected by the problem. Teams explore options for addressing the problem—for example, through administrative policy changes, public education, legislation, litigation or a combination of such initiatives. Teams produce blueprints to guide reform efforts and receive detailed feedback on their work-product. Students also participate in ongoing initiatives in the Georgia child advocacy community and in building and sustaining partnerships with state agencies such as the Department of Juvenile Justice, the Office of the Child Advocate, and the Division of Family and Children’s Services, and with public interest entities such as Voices for Georgia’s Children, Southern Center for Human Rights, and the A Future Not A Past campaign. Examples of recent initiatives Policy Clinic students have worked on include educational stability for foster children, protections for commercially sexual exploited children, and federal funding for child abuse and delinquency prevention.
Students are expected to work a minimum of 150 hours in the Clinic over the semester (approximately 11 hours per week including the weekly clinic meeting), and receive 3 units of credit for their work.
Students work cooperatively in interdisciplinary teams to multiply their individual skills and knowledge. Each team project has a clinic faculty member who oversees the project.
Legislative Clinic (Spring Semester): Lawyers engaged in public interest work must know how to navigate the legislative process. The purpose of this clinic is to engage students in the real world process of taking a reform from the proposal stage to actual enactment. The Barton Center has developed a strong presence in the Georgia public interest community and in the Georgia legislature. Building on this foundation, students hone their advocacy skills by interacting with legislators and elected officials around current law reforms spearheaded by Barton and its community partners. They attend legislative sessions and present evidence-based testimony in support of initiatives. They live the life of a lobbyist, experiencing, first-hand, the realities of relationship-building and compromise that are hallmarks of the legislative process. Students also provide technical assistance to legislators and other stakeholders in assessing the merits and legality of various proposals. Examples of recent legislation spearheaded by Barton include the foster parents’ bill of rights and a change to Georgia’s definition of child abuse to clarify that any prostitution of a child is abuse.
Students are expected to work a minimum of 150 hours in the Clinic over the semester (approximately 11 hours per week including the weekly clinic meeting) receive 3 units of credit for their work.
Students work cooperatively in interdisciplinary teams to multiply their individual skills and knowledge. Each team project has a clinic faculty member who oversees the project.
Typical Student Work in the Barton Center Public Policy and Legislative Clinics
Student work may include the following
- Writing a policy brief, fact sheet and talking points on a current children’s law issue;
- Performing statutory analysis and writing a legal memo;
- Drafting and analyzing legislation and legislative amendments;
- Participating in legislative hearings;
- Briefing elected officials and government policy makers on relevant matters;
- Writing a research paper and related public education documents;
- Attending meetings of state agencies, children’s advocates, and children’s lawyers; and
- Working with partners to develop strategies for legislative and public policy changes.
Students work cooperatively in interdisciplinary student teams. Each team project has a clinic faculty member who oversees the project.
Pre- or Co-Requisite: Students must have taken or be concurrently enrolled in one of the following courses “Child Advocacy: The Law, The Policy, and the Players” (2 credits) or “Child, Family and State” (Woodhouse 3 credits). This requirement may be waived only by the professor if the student has participated in the Emory Summer Child Advocacy Program or has other significant substantive children’s law experience.
500. Business Associations
3 or 4 credits. A study of basic concepts in agency, partnership (general and limited), and corporation law. Topics include choice of business form, formation, organization, financing, and dissolution, as well as the fundamental rights and responsibilities of, and the allocation of power between, the business entity, its owners, management, and other stakeholders. The course also considers the special needs of closely held enterprises, basic issues in corporate finance, and the impact of federal and state laws and regulations governing the formation, management, financing, and dissolution of business enterprises.
658. Capital Defender Workshop
3 hours. This is a three hour clinical course taught in partnership with the Office of the Georgia Capital Defender, the new state agency responsible for representing all indigent defendants statewide in capital cases at trial and on direct appeal. Second and third year law students from Emory, Georgia State, UGA, and Mercer will assist Capital Defender attorneys in all aspects of preparing their clients’ cases for trial. Students will become involved in fact investigations, witness interviewing, legal research and drafting, and general preparations for trials and sentencing hearings. The great opportunity students have in this clinic—as opposed to clinics that focus on the appeal and post-conviction stages—is to be involved in the effort to save lives on the front end, on “making the case for life.” That means students will focus at least as much on mitigation, fact investigation, and interpersonal skills as on death penalty law and advocacy skills.
The course component of this clinic will meet for 2 hours each week at the offices of the Capital Defender in downtown Atlanta. In addition to attending class, students will work on client matters for 10 hours each week. The course is graded on a pass/fail basis only, and students who express willingness to commit for 2 semesters will be given preference at the pre-selection stage. Please indicate on your application whether you have taken any criminal procedure course(s) or the capital punishment course.
635. Child Advocacy: The Law, The Policy, and The Players
2 hours. This course will explore the various factors that shape policies affecting abused and neglected children, including: the requirements of federal laws and regulations; the perspective of different disciplines working on these issues; public perceptions; and media coverage. Course will cover the role of the following professions in the prevention, investigation, and prosecution of child abuse and neglect cases as well as their role in the juvenile court process: medical, legal, law enforcement, social work, public health. Course will cover the role of federal, state, and local agencies and non-governmental organizations in addressing the needs of abused and neglected children and their families. Students will learn to identify and use resources from other disciplines to enhance their legal skills and will learn to analyze and evaluate the effectiveness of legal, legislative, and policy measures as a response to child abuse and neglect.
Classes will consist of lecture, discussion, and advocacy exercises (in-class and out). Students will be required to participate in one site visit related to information discussed in class (i.e. juvenile court). Students will be required to provide written feedback about the site visit and guest lectures.
698. Child, Parent, State
3 hours. This course covers child abuse and neglect, juvenile justice, adoption and foster care, and discusses education and health entitlements of children and conflicts between parents and children over medical decision-making, religion, schooling and emancipation. Students will engage in exercises involving legislative drafting and oral advocacy in a simulated child protection case. Grades will be based on these written and oral exercises.
615. Chinese Law
2 hours. This course is an introduction to the comparative study of Chinese law and legal thought. It starts by analyzing the tradition of imperial Chinese law and its theoretical foundations, and then turns to early twentieth-century law reforms and the introduction of socialist law and jurisprudence. The course ends with the study of post-Mao law reforms and their implications for the future of Chinese law. In addition to its substantive focus, the course considers methodological problems involved in the study of law across cultures. Some of the general themes that run throughout the course include the following: To what extent is law a useful analytical category in Sino-American comparison? How is law related to capitalism and socialism, and to culture and socio-economic organization more generally? How and why has Chinese law changed over time? What happens when “Eastern” and “Western” legal cultures come in contact with each other?
847. Advanced Civil Trial Practice: Gender Discrimination
2 Hours. Prerequisite: Evidence and Trial Techniques. Designed to build on the litigation techniques and skills first encountered in the Trial Techniques Program. Using a simulated case file in a gender discrimination case, the class will help develop the skills, strategies and tactics necessary to be effective courtroom advocates. The course will employ lecture, demonstrations, movie and video-tape simulations as well as regular participation by the students and constructive criticism and helpful hints from the course instructors, who are all very experienced litigators. Courtroom technology and visual aids will also be explored. The course will conclude with student teams conducting a trial in a real courtroom setting, which is now planned for Saturday, November 13, where participation is mandatory.
957. Advanced Civil Trial Practice: Medical Malpractice
2 hours. A complex simulation based on an advanced medical malpractice and products liability problem.
612. Commercial Law: Sales
3 hours. A study of the law governing sales of personal property, including an introduction to such supporting institutions as documents of title and letters of credit.
633A. Comparative & International Family Law
3 hours. Globalization has affected family law in many different ways. Families are far more mobile, and family law cases are far more likely to cross political and cultural boundaries and to involve the laws of several countries. International conventions and human rights instruments play a growing role in the practice and study of family law. Family law is a template for the organization of cultures and societies. By exploring how other nations address issues such as creation and dissolution of intimate relationships, the role of religious and civil authorities in setting family norms, policies on procreation and reproductive technology, women’s and children’s rights and the allocation of rights and responsibilities for dependent family members, we acquire a fuller understanding of our own norms and traditions. This course will involve in-class exercises designed to spotlight critical family law issues in different regions of the world and explore the diversity of approaches to resolving them. Each student will also write a 15 page paper.
610. 3 hours. A detailed examination of problems posed by aggregate and duplicative litigation. The course reviews basics of personal jurisdiction by examining the subject in specific contexts, including issues presented by the internet and international litigation. It also reviews Congress's expansion of federal jurisdiction to accommodate complex cases in the federal courts. The centerpiece of the course is detailed examination of the class action, and the class also discusses a panoply of topics presented by complex litigation, including choice of law, pretrial management by reference to magistrates and masters, disqualification of judges, discovery plans, document retention, electronic discovery, protective orders, waiver of privilege, and efforts to streamline adjudication of complex cases.
631. Internet Law
2 hours. Prerequisite: Intellectual Property. A survey of copyright, patent, and trade secret protection for software. Includes topics such as international intellectual property protection for computers, contracts relating to computers, taxation of computer products and information services, privacy, right to accuracy, antitrust, trademark law, computer standardization, and restrictions on competition.
709. Conflict of Laws
3 hours. A study of controversies touching more than one state or nation. Considers jurisprudence of courts, choice of law, selection of governing law, and interstate effect of judgments.
622C. Constitutional Criminal Procedure
3 hours. This course examines the role of the courts in regulating the police in the United States. Readings and discussion will address both (1) the Constitutional principles governing the law of arrest, search and seizure, and police interrogation, and (2) social science evidence and commentary on the behavior of police officers, lawyers, and judges.
622C. Constitutional Criminal Procedure: Investigation
3 hours. This course examines the constitutional rules governing criminal investigations, including searches and seizures, the interrogation of witnesses and suspects, and the roles played by prosecutors and defense attorneys during the investigative stages of criminal cases. The course studies the current rules constitutional rules governing these essential police practices, the development of these rules, and the relevant but conflicting policy arguments favoring efficient law enforcement and individual liberty that arise in these cases.
646. Constitutional Law: Religion and State
3 hours. An exploration of the historical formation and current judicial interpretations of the establishment and free exercise clauses of the First Amendment, as well as the theories of church and state, and religion and law, that support and contest these interpretations.
675. Constitutional Litigation
3 hours. An exploration of the substantive, ethical and strategic issues involved in litigating civil rights actions. This course will allow students to both learn basic principles of governmental liability/defenses and apply their knowledge of torts, constitutional law and civil procedure in a litigation setting.
710. Copyright Law
3 hours. Copyright law offers protection for works considered to be within the "fine arts" (music, paintings, photographs, sculpture) and "literature" (books, stories, plays) as well as more mundane works, including commercial, i.e., applied art and even data directories. Copyright also covers architectural works and works reliant on technology, such as computer software. This course examines copyright law, its history, and its ability to respond to recent developments in technology. Course topics include the standards governing copyrightability; the exclusive rights a copyright confers; infringement; defenses, including "fair use"; and remedies.
712. Corporate Finance
3 hours. Prerequisite: Business Associations. A study of financial and economic theory underlying legal doctrines in corporate finance, and the relationship between these doctrines. Focuses on decisions about "value" in the context of such areas as bankruptcy reorganization, dissenters' appraisal rights, and public utility regulation. Problems of capital structure and the duties of directors to various classes of claimants are studied in light of decisions about dividend policy and reinvestment. Includes a brief review of modern portfolio theory.
959. Courtroom Persuasion/Drama I
1 hour. Prerequisite: Evidence and Trial Techniques. This course introduces students to basic acting, directing and writing tools a lawyer needs to motivate and persuade jurors, and applies these tools to courtroom performance. Using lectures, exercises, readings, individual performance and video playback, the course helps students develop concentration, observation skills, storytelling, spontaneity, and physical and vocal technique. Students also gain practical experience applying these tools to the presentation of openings and closings as well as questioning witnesses and jurors.
960. Courtroom Persuasion/Drama II
1 hour. Prerequisite: Courtroom Persuasion/Drama I, Evidence and Trial Techniques. Continuing study of acting, staging, body language and speech. Specific exercises will be designed to help each person develop his or her maximum potential in using the courtroom as a stage for the most persuasive presentation possible.
851. Criminal Litigation
2 hours. Prerequisite: Trial Techniques and Criminal Procedure I. A skills course emphasizing the procedures and practical problems of criminal trial practice from both prosecution and defense positions. Deals with factual situations representing trial problems. Students participate in hearings, negotiation sessions, and discovery proceedings culminating in a mock trial.
622A. Criminal Procedure: Investigation
3 hours. This course examines the role of the courts in regulating the police in the United States. Readings and discussion will address both (1) the Constitutional principles governing the law of arrest, search and seizure, and police interrogation, and (2) social science evidence and commentary on the behavior of police officers, lawyers, and judges.
622X. Criminal Procedure Investigations Skills Workshop
1 hour. This workshop will provide practical skills training in the area of pre-trial criminal litigation for a small number of students concurrently enrolled in Professor Levine’s Criminal Procedure – Investigations course. Class will meet every other week for 2 hours each time. There are no substantive reading assignments; the emphasis is on building written and oral skills for use in a criminal litigation practice.
622B. Criminal Procedure: Adjudication
3 hours. Prereuisite: Criminal Law. An examination of the formal post-investigative proceedings that make up the criminal process. Topics include right to counsel, bail, charging, double jeopardy, discovery, plea bargaining, decision-makers at trial, and essential trial rights.
728. Current Trends in Labor/Employment Law
2 hours. This course is being taught from a practitioner perspective. It is a general survey course of many aspects of employment law. It will focus on recent and pending cases and legislation in labor and employment law, including new case law and legislation involving: Title VII of the Civil Rights Act of 1964, as amended, The National Labor Relations Act as amended, The Fair Labor Standards Act as amended, The Americans with Disabilities Act, The Age Discrimination in Employment Act, The Family and Medical Leave Act , Civil Rights Statutes 42 USC 1981, 1983, and 1985, The Drug Free Workplace Act, Substance Abuse Law, Wrongful Discharge, Employment Contracts, Convenants Not to Compete, Workplace Privacy and Preventive Labor Relations.
688. Customs Law and Administration
3 hours. As the world’s largest economy, the Unites States imports and exports more merchandise than any other country. This course will examine the “nuts and bolts” of laws administered by U.S. Customs and Border Protection (“CBP”), the agency charged with regulating imports into the U.S. and collecting duties, import fees, and related taxes. Those laws and regulations, based on international agreements, protocols, and decisions of the World Trade Organization and World Customs Organization, center on the tariff classification of merchandise under the Harmonized System (as set forth in the Harmonized Tariff Schedule of the U.S.), the valuation of goods under the GATT (now WTO) Valuation Agreement, and the rules (both preferential and non-preferential) for determining “country of origin.” The course will also cover the entry and recordkeeping process for imports, “Incoterms 2000,” the use of preferential trade programs (specifically examining the North American Free Trade Agreement and its attendant Rules of Origin and Regional Value Content calculations), marking requirements, and the relationship of income tax transfer pricing rules in determining how inter-company pricing impacts declared customs values and, thus, global corporate income taxes. The CBP penalty regime and the system of U.S. judicial review for challenging decisions of CBP will also be reviewed. In sum, this course will show students how “the rubber hits the roads” when it comes to applying the complex rules of international trade in everyday practice.
659E. Doing Deals: Accounting in Action
3 hours. This course is designed for those liberal arts majors who know nothing about accounting and finance. Students will learn about the fundamental financial statement concepts. Then the course turns to the study of how lawyers use those concepts in practice.
659G. Doing Deals: Commercial Real Estate Transactions Workshop
3 hours. Prerequisites: Real Estate Finance and Contract Drafting. This course will concentrate on sales, finance and leasing of commercial real estate. It will require significant amounts of time devoted to financial analysis of real estate projects and to negotiating and drafting of documents. It is designed specifically to include both JD and MBA students. Work groups will consist of JD and MBA students working together as lawyer and client to analyze, negotiate and document the acquisition and subsequent leasing of a shopping center. Legal materials will be made available as handouts. A basic knowledge of Excel will be helpful but not required.
659A. Doing Deals: Contract Drafting
3 hours. Prerequisite: Business Associations. This course teaches students the principles of drafting commercial agreements. Although the course will be of particular interest to students pursuing a corporate or commercial law career, the concepts are applicable to any transactional practice.
In this course, students will learn how transactional lawyers translate the business deal into contract provisions, as well as techniques for minimizing ambiguity and drafting with clarity. Through a combination of lecture, hands-on drafting exercises, and extensive homework assignments, students will learn about different types of contracts, other documents used in commercial transactions, and the drafting problems the contracts and documents present. The course will also focus on how a drafter can add value to a deal by finding, analyzing, and resolving business issues.
641. Doing Deals: Corporate Practice
3 hours. Prerequisite: Business Associations. The purpose of this course is to prepare students for the first year of general corporate practice, whether in an in-house, law firm, or solo practice setting. This course will provide students with broad exposure to a variety of corporate problems, including contract negotiation and drafting typical of current corporate practice, complex corporate structuring issues, joint ventures, and non-litigation corporate dispute resolution. The course exercises will involve questions of corporate, tax, employment, and debtor-creditor law. Although prior course work in these areas is not required, it is preferable to have some interest in and familiarity with these areas.
Because student participation is essential for the success of this practice-simulation course, attendance is mandatory. Failure to attend will affect the course grade. This course also requires collaborative work with other students and meetings with the adjunct faculty. You will be required to schedule several meetings in addition to regular class time. In addition, any students on the wait list for this class must attend the first class meeting, which sets the stage for the first several weeks of assignments.
659B. Doing Deals: Deal Skills
3 hours. Prerequisite: Business Associations, Accounting and Contract Drafting. Deal Skills will introduce students to business and legal issues common to commercial transactions, whether a multi-billion dollar M&A deal, a license agreement, or the sale of a home. Among the topics to be covered are the lawyer’s role as the translator of the business deal into contract concepts, negotiation, due diligence, opinion letters, closings, indemnities, transaction management, and ethical issues. The course will be conducted through workshop exercises, in class role plays, and lecture.
659F. Doing Deals: General Counsel - The Multifaceted Representation of the Corporate Client
3 hours. Prerequisite: Business Associations. An in-depth survey of the complex and challenging issues specific to the role of general counsel with an emphasis on best practices. Exploration of these issues will include case studies, simulations and other skill-based exercises as well as panel discussions/presentations by various general counsels.
659N. Doing Deals: IP Practice
3 hours. Prerequisite: Contract Drafting and Deal Skills. The course will focus on current hot issues in IP and will combine these topics with real world transactional practice exercises. This course is designed to offer students with an interest in intellectual property the opportunity to explore in greater depth a limited number of current and cutting edge intellectual property topics and to experience first-hand how these legal concepts would manifest in a transactional practice setting.
636X. Doing Deals: Mergers & Acquisitions Workshop
2 hours. Prerequisite: Mergers & Acquisitions, Contract Drafting and Deal Skills. This class is designed to provide law school students who intend to practice transactional law with some of the basic practical skills required to counsel companies with respect to business combinations. The focus of the course will be to identify and discuss the factors involved in a typical business combination, the roles of the parties and the relevant documents. The course is intended to ease the transition from law school to junior transactional associate.
659K. Doing Deals: Negotiated Corporate Transactions
3 hours. Prerequisite: Business Associations, Contract Drafting and Deal Skills. This course will provide students with an opportunity to experience, react to, evaluate, negotiate and draft corporate documents relating to the formation of a new multi-shareholder corporation, the raising of initial equity capital, the subsequent securing of additional financing, and the ultimate sale of the entity. Among the documents that students will work with are the following: Amended and restated certificate of incorporation, bylaws, term sheet, preferred stock purchase agreement, employment agreement, investment banker engagement letter, letter of intent, and asset purchase agreement.
659D. Doing Deals: Private Equity
3 hours. Prerequisite: Business Associations, Analytical Methods, Contract Drafting, Deal Skills, Corporate Finance and Accounting in Actions. This course will study the business and legal issues in private equity transactions. The course will be taught primarily through simulations.
659C. Doing Deals: Venture Capital
3 hours. Prerequisite: Business Associations, Contract Drafting and Deal Skills. This course will study the business and legal issues in venture capital transactions. The course will be taught primarily through simulations.
662. Education Law and Policy
3 hours. This course will examine education law and policy and how it shapes public education in the United States. The course will emphasize issues of equity and access in education, particularly issues of class, race, sex, national origin and disability in education. The course will consider the role of local, state and federal governments in education and the impact of each of the executive, legislative and judicial branches within each level of government. The course will explore such issues as: a brief history of public education in the United States, the involvement of the federal government in education from the nation's founding through the No Child Left Behind Act of 2001, school finance litigation, testing, charter schools, vouchers and whether there should be a federal right to education. In addition, in examining government policies on issues of class, race, national origin, sex and disability, the course will analyze such topics as desegregation, the achievement gap, socio-economic integration of public schools, the obligation of school districts to students who are learning English, sex discrimination in athletics, single-sex schools, sexual harassment and the Individuals with Disabilities in Education Act.
611. Election Law: The Law of Democracy
3 hours. This course provides an introduction to the law of the democratic political process. The course will cover a wide range of topics, including the right to vote, reapportionment and redistricting, partisan and racial gerrymandering, the Voting Rights Act, campaign finance, the role of political parties, direct democracy, and Bush v. Gore. The course will examine the principles underlying the design of our political institutions and legal frameworks, as well as the practical implications of those choices, drawing on political science and developments in contemporary politics.
669. Employment Discrimination
3 hours. A focus on the development of law and policy under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, and the Americans with Disabilities Act.
668. Employment Law
2 hours. A study of the major aspects of the employment relation not treated in either Labor Law or Employment Discrimination Law. Legal aspects of the hiring process will be addressed, including the tort of negligent hiring; polygraph, psychological, and personality testing; and medical and drug screening. Legal regulation benefits, protection of employee privacy, expression and associations, and employee health and safety are also covered. Several aspects of termination of the employment relationship are examined, including promises not to compete, trade secrets protection, wrongful discharge law, plant closings and retirement (mainly ERISA).
660. Energy Law
2 hours. The course examines state, federal and international regulation of energy markets and the development, production and distribution of energy. The course will emphasize the interrelation of energy policy with other legal and economic policy areas.
720. Entertainment Law
3 hours. Prerequisite: Intellectual Property, or Trademark Law, or Copyright Law. This course will provide an overview of the rapidly developing body of law associated with the entertainment industries concentrating in the areas of music publishing and commercial recording, live performance, literary publishing and motion pictures. The course will focus on a study of entertainment law cases, aspects of copyright law, personal rights and negotiation of entertainment agreements.
697. Environmental Advocacy Workshop
2 hours. The workshop will include reading assignments, a few written exercises, seminar-like discussion, and simulations. The course will in a workshop setting develop students' abilities to function as successful environmental advocates in the context of client interviews, administrative proceedings, administrative negotiations, and litigation. Other issues that may be covered include techniques to obtain information about government and private sector activities that may have an adverse effect on the environment, and strategies to communicate effectively with environmental scientists and engineers.
624. Environmental Law
4 hours. This course will focus on legal strategies to regulate and remedy environmental harms. The course is designed to prepare transactional lawyers, regulatory lawyers, government counsel and litigators, as well as students interested in specializing in environmental law. A major goal of the course is to introduce students to the analytical skills necessary to understand and work in this and many other predominantly statutory and regulatory fields. The course will therefore frequently involve analysis of methods of interpretation of statutes and regulations and analysis of the central role of administrative agencies in environmental law. The course will briefly cover common law environmental claims and then focus for most of the course on portions of the federal national Environmental Policy Act (NEPA), the Endangered Species Act, the Clean Air Act, the Clean Water Act, and the statutes pertaining to hazardous substances. We will also briefly cover state-federal relationships in regulating environmental harms.
916. Estate Planning
2 hours. Prerequisite: Trust & Estates. Selected problems in estate analysis and planning involving tax-conscious drafting of wills and trusts utilizing future interests, class gifts, powers of appointment, generation-skipping arrangements, and qualification for the marital deduction. Consideration of planning for business interests, insurance, and employee benefits is also included.
620. European Union Law
2 hours. Part I of the course deals with the institutional structure of the European Union, the lawmaking functions of Council and Commission, the interrelation of Community and national law (questions of federalism), and the review of function of the European Court. Part II, the largest segment, deals with the “four freedoms” (of movement of goods, people, companies, and capital) within the Community and with Community antitrust law (within the Community and as against third countries). Part III briefly touches upon problems of harmonization of private law, while Part IV looks at the expansion of the Community, especially by future inclusion of Central and East European countries.
633. Family Law I
3 hours. This course will address the problems, policies, and laws related to the formation and dissolution of intimate relationships.
643. Family Law II
3 hours. Deals with the problems, policies, and laws related to the dissolution of children and parents. Juvenile Law will also be considered.
721. Federal Courts
3 hours. A study of doctrines relating to justiciability, congressional control over federal court jurisdiction, tensions in the allocation of judicial power between state and federal systems, and constitutional and statutory bases of federal judicial power.
642. Federal Income Taxation: Corporations
3 hours. Prerequisite: Fundamentals of Income Tax. A survey of the general structure of corporate taxation. Considers the tax problems involved in the creation of corporations; capital structure; corporate distributions; reorganizations, divisions, and liquidations; personal holding companies; collapsible corporations; subchapter S corporations; and accumulated earnings tax. Prerequisite: Federal Income Taxation: Individuals.
942. Federal Income Tax: Partnerships
3 hours. Prerequisite: Fundamentals of Income Tax. The course covers the tax consequences of formations, operations, and dissolutions of partnerships and limited liability companies. The course should be of particular relevance to students interested in federal taxation or real estate transactions.
680. Food and Drug Law
3 hours. Food and drug law involves the statutory and regulatory framework governing the development and marketing of food, drugs, medical devices, biological products, and cosmetics. This introductory course serves as a starting point for understanding how the U.S. Food and Drug Administration attempts both to protect the public health and foster our national desire and need for innovation in science, medicine and the safety of our food supply. In particular, the course will study how FDA and the courts have enforced and interpreted the Federal Food, Drug and Cosmetic Act to implement a regulatory system for a wide range of products that affect our daily lives. Dialogue and questions on how food and drug law has confronted and adapted to scientific and technological progress, public health challenges, constitutional controversies, and policy-based perspectives will be encouraged. Additionally, the course covers such contemporary issues as food safety; balancing the benefits and risks of certain drugs, devices and biological products and how best to communicate that information to healthcare professionals and consumers; expediting approval of drugs designed for life-threatening diseases; clinical trials for experimental products; and regulation of biotechnology, such as tissue engineering and gene therapy. Other specific topics include: regulation of food labeling and sanitation; regulation of dietary supplements; administrative rulemaking; advertising and promotion controls; preemption of state laws; and strategies for handling government investigations and enforcement actions.
650. Franchise Law
2 hours. Legal and business considerations, including the pros and cons of franchising; the franchising role in the economy; the franchisor/franchisee relationship; disclosure requirements; relevant state and federal laws; essential elements in representing franchisors and franchisees; basic terms and issues with franchise agreements; legislative issues; trademark issues; encroachment issues; termination issues; franchisee associations; new techniques in franchising, e.g. area development agreements, sub-franchising, niche franchising, master franchise agreements, international franchising; the role of alternate dispute resolution in franchising. Prominent legal and business franchising representatives will periodically make presentations.
640. Fundamentals of Income Taxation
4 hours. Introductory study of the general structure of the federal income tax; nature of income; gross income, exclusions, deductions, exemptions; the tax consequences of property transactions; sales of business assets; the nature of capital gains and losses; basis and non-recognition.
890. Fundamentals of Innovation I
3 hours. Prerequisite: Intellectual Property. Innovation and technological change are critical to wealth creation in today’s global economy. However the process that often begins in the research lab traveling a path towards product development, market development, product commercialization and life cycle management is uncertain and typically difficult. More often than not, ideas will “die the good death” well before given the opportunity to develop into profitable markets. Fundamentals of Innovation I is first of a two-course sequence on the various techniques and approaches needed to understand the innovation process within the context of technology commercialization. In the Fall semester, the course is focused on 1) helping students develop an understanding of innovation basics including the overall innovation process and roles and skills of various key players; 2) discussing patterns of technology change and alternate management processes for each; 3) organizing the innovation team and developing frameworks that foster team creativity; 4) understanding forms and protections afforded Intellectual Property; and 5) discussing early stage approaches to product definition (working models to engineering prototypes) and preliminary market definition.
The fall course and the companion course in the spring will provide the academic core to the student’s first year in the Technological Innovation: Generating Economic Results (“TI:GER”) program and will be taught as a series of learning modules. Each module and class session is lead by a faculty or guest instructor with in depth experience in that particular technology commercialization topic. Students will take each course as a “community of participants” and will participate on both an individual and team level. Innovation teams that are comprised of the PhD candidates, MBA and JD students, will be formed mid-semester and will participate both in in-class activities and cases, as well as in an “engaged learning” experience intended to simulate the technology commercialization process. The technology/research that will drive the innovation teams will be provided by the PhD candidates and their advisors.
736B. Global Public Health Law
2 hours. Today’s major public health challenges are all global in character. These include the surveillance, containment and treatment of epidemic diseases; management of planetary environmental conditions (including climate change and its attendant health effects and relation to chronic illnesses); control of trade in dangerous products and disease vectors (such as tobacco); and intellectual property rights attendant with disease treatments. This course will offer public health and law students a chance to work in a collaborative setting, by (1) introducing the basic sources, institutions and processes of international law as they bear on public health practice; (2) examining key international law materials, doctrines and topics (including human rights and international humanitarian law; international environmental law; trade and global health regimes) through a set of innovative case-studies and simulations; and (3) discussing the policy and international relations aspects of global health problems.
736. Health Law
3 hours. Health care is one of the largest sectors of the economy, and the practice of health law is a growth area. This course is an introduction to regulatory health law as well as some prominent medical controversies. The course will address the recent Patient Protection and Affordable Care Act as well as select topics in health law related to issues of access, cost, and quality of health care. Possible topics include: regulation of physicians and health care institutions, confidentiality, informed consent, individual and institutional obligations to provide care, disability and race discrimination in access to care, ERISA preemption and regulation, public and private health insurance structures and some of the major statutes that govern them, fraud and abuse, government powers in public health emergencies, genetic discrimination and eugenics, assisted suicide, and human and nonhuman animal experimentation for medical purposes.
648. History of Canon Law
2 hours. Canon Law, the law of the Catholic Church, stands at the origin of the Western Legal Tradition and is one of its chief sources of concepts and principles. History of Canon Law proposes to explore the history of this legal system with a particular emphasis on the origins of constitutional though, including such basic ideas as the relationship of rights and sovereignty, representation and consent, and the notion of the right to vote.
731. Immigration Law
2 hours. A study of the immigration, nationality, and naturalization laws of the United States; discussion of policy issues relating to migration, refugees, asylum, deportation, English-only movements, and citizenship issues.
608. Intellectual Property
3 hours. An introduction to the basic principles, policies and statutes in the area of patents, trademarks, copyrights and trade secrets. The scope of protection afforded by these areas is explored and compared.
730. International Business Transactions
3 hours. A consideration of the most important legal problems that arise in the movement of goods, money and services across national borders. Using a problem approach, the course will analyze the legal issues involved in international contracts, such as an agreement for the international sale of goods, and international joint venture agreement, and a licensing agreement for the transfer of technology. We will also cover the basic legal issues involved in government regulation of international trade, such as protection of intellectual property, antidumping and countervailing duties, impact relief and export controls.
609. International Commercial Arbitration
2 hours. A consideration of arbitration as a dispute resolution process in the domain of international trade. Analyzes the composition and the jurisdiction of arbitral tribunals, the procedure followed by arbitrators, recognition and enforcement of foreign arbitral awards, and other related issues.
653. International Criminal Law
2 hours. Within the last few years, norm creation in regard to crimes under the law of nations has gained tremendous momentum. There are three major areas in which this took place:
- The definition of international crimes, including genocide, aggression, crimes against humanity, serious breaches of the laws and customs of armed conflict, and a range of treaty based crimes, including international terrorism, piracy, the slave trade, drug trafficking, offenses under international aviation law, the crime of apartheid, and violations of regulations for the protection of diplomatic and of United Nations personnel.
- Formulation of general principles of criminal law to be applied n international criminal litigation.
- Establishment of tribunals for the enforcement of international criminal law. A distinction must be made between enforcement of international criminal law: through municipal courts; by ad hoc international tribunals (Nueremberg and Tokyo, Yugoslavia, and Rwanda); by a permanent international criminal court (the ICC).
676. International Humanitarian Law
3 hours. September 11, the war in Afghanistan, and the status of Afghani captives being held at Guantánamo Bay; the war in Iraq and its aftermath; the testing and stockpiling of weapons of mass destruction; and the violent conflict in Israel and Palestine, are all matters that come within the range of international humanitarian law: the law of armed conflict. International humanitarian law applies to and in times of armed conflict and pre-supposes an answer to the vexing question: when does an armed attack become an armed conflict? The rules of international humanitarian law differentiate between international armed conflicts and armed conflicts not of an international character. The war in Bosnia/Herzegovina and jurisprudence of the International Criminal Tribunal for the Former Yugoslavia illustrate the complexities attending that distinction. It is also extremely difficult to establish precisely under what conditions an internal uprising would be considered an armed conflict for the purposes of international humanitarian law. The rules of international humanitarian law fall into three main categories: (a) the ius contra bellum (the law against armed conflict)—under what circumstances is the taking up of arms to resolve an international or internal dispute legitimate, and when would it constitute the international crime of aggression? (b) the ius ad bellum (the law relating to armed conflict as such)—what limitations apply to the means and methods of actual combat? And the targets of an armed attack? and (c) the ius in bello (the law applying in times of war)—how must belligerent parties treat persons and objects not engaged in, or used for, actual combat? Under (a), the course will explore the legitimacy of, for example, wars of liberation, the right to self-defense, and humanitarian intervention. Under (b), questions such as the legality of the use or a threat to use a wide spectrum of armament, ranging from dumdum bullets to nuclear, bacteriological and chemical weapons, will be considered. Under (c), matters such as the treatment of prisoners of war and of the wounded and sick soldiers, and the protection of civilians and civilian targets, including cultural objects, in times of war will come under the spotlight. The course will raise topical questions, such as the illegality f the war in Iraq, the transfer of population in occupied territories, gender-specific war crimes, and enlisting juveniles into the armed forces or using them to participate actively in hostilities.
732. International Law
3 hours. An introduction to the law, methodology, and institutions of modern public international law. Among the topics covered are sources of international law jurisdiction, sovereign and diplomatic immunity, treaties, the domestic application of international law, the law of international organizations, settlement of disputes, limits on the use of force, human rights, and the law of the sea.
738. International Law and Ethics
3 hours. The course examines legal, ethical and political conflicts between group and human rights in the international system with the view of identifying legitimate ways of reducing or eliminating some of these conflicts. Topics covered include: group rights (state sovereignty, national self-determination and secession, indigenous and minority rights, and the right to wage war (aggression, self-defense)), human rights (civil, political, social, and economic rights, the rights to free movement, democratic governance, sustainable development, and the rights of individuals in war (non-combatant immunity, guerrilla war, terrorism and counter-terrorism)). The last part of the course examines issues arising from international law enforcement (sieges, blockades, and economic sanctions, belligerent reprisals, humanitarian intervention, preventive war, the International Criminal Court, and universal jurisdiction).
639. International Tax
3 hours. Prerequisite: Fundamentals of Income Tax. A study of income taxes of U.S. persons doing business or investing abroad and foreign persons doing business or investing in the United States. Topics include jurisdiction, source, foreign tax credit, branch profits tax, foreign investment in real property, controlled foreign corporations, transfer pricing, treaties, and treatment of foreign currencies. This course is intended for students interested in international business practice (not necessarily tax) after law school. Recommended: Federal Income Taxation: Individuals.
627. Islamic Law
3 hours. An introduction to the basic concepts and institutions of Islamic Law, the foundation for the legal system of a large number of countries where Islam is the dominant religion, ranging from North America through the Middle East to Indonesia.
664. Jewish Law
3 hours. A survey of the principles Jewish (or Talmudic) law used to address difficult legal issues and a comparison of these principles to those that guide legal discussion in America. Focuses on issues raised by advances in medical technology such as surrogate motherhood, artificial insemination and organ transplantation.
3 hours. An examination of two overlapping subjects. The first is the issue common to all courses in legal theory: what is "law?" The second is the philosophical subject: what is "justice" or "social justice?" The goal is to develop a sophisticated understanding of the nature of "legal reasoning."
714. Juvenile Law
3 hours. An historical and philosophical approach to the law's treatment of children who are abused, neglected, "status offenders," or delinquents. Examines the nineteenth century model of juvenile justice; the "socialized" model, which prevailed from 1899 to 1967; and the "constitutional" model, which characterizes the period from 1967 to the present. Through cases, descriptive readings, films, and guest lectures, the course defines these models and analyzes the assumptions made about the state, the child, and the nature of society.
699C. Juvenile Defender Clinic
3 hours. The 3-credit Juvenile Defender Clinic is an in-house legal clinic dedicated to providing holistic legal representation for children in delinquency and status offense proceedings. Student attorneys represent child clients in juvenile court and provide legal advocacy in the areas of school discipline, special education, mental health and public benefits, when such advocacy is derivative of a client’s juvenile court case.
Pursuant to Georgia’s third-year practice rule, under the supervision of the clinic’s managing attorney the students are responsible for handling all aspects of client representation. As such, students establish an attorney-client relationship with their client, direct case strategy determinations, investigate allegations, interview witnesses, negotiate dispositions, prepare and litigate motions, and try cases. Students may also engage in research and participate in the development of public policy related to juvenile justice issues.
Online applications (including submission of a resume, statement of interest and writing sample) are accepted prior to pre-registration. The online application will be followed by an interview with the professor.
Additional information can be found on the Juvenile Defender Clinic website (follow the public interest link from the Law School's home page).
699. Kids in Conflict with the Law
2 hours. The 2-credit course is a detailed study of the juvenile delinquency system. This course will trace the trajectory of juvenile justice in the United States over the course of the last century, from its birth as a separate system in the early 1900s, through the due process revolution of the 1960s and 1970s and the widespread punitive reforms of the 1990s, to the recent rulings on the juvenile death penalty. It will explore critical issues such as search, seizure, and interrogation of minors; waiver from juvenile to adult court; the unique procedural mechanisms of juvenile courts; sentencing and confinement; and implications of emerging scientific research on adolescent development. Finally, the course will also explore the relationship between the juvenile delinquency and school systems.
638. Labor Arbitration Practice
3 hours. Labor Arbitration Practice is a simulation-based course that examines labor arbitration and has three distinct parts. Part I will explore the historical and legal development of labor arbitration and its relationship to collective bargaining. Part II will address common issues in arbitration, including evidence, discipline and discharge, and contract interpretation. Class materials will include mini-simulation exercises in which some students will formulate arguments on behalf of each of management and labor union, and act as arbitrators and make rulings. Part Ill will consist of three simulated arbitration hearings. In different simulations, each student will take on each of the roles of union counsel, management counsel, and arbitrator.
755A. Labor/Employment Law: Immigrants in the Workplace
2 hours. Immigrants, both documented and undocumented, constitute at least fifteen percent of the United States workforce, and their numbers are growing. This course will introduce major areas of labor and employment law (the National Labor Relations Act, Fair Labor Standards Act, anti-discrimination statutes, health and safety protections, workers’ compensation, contract/quasi contract), as well as emerging areas of advocacy for workers (the civil Racketeer Influenced and Corrupt Organizations Act (RICO), Sarbanes Oxley, international law). The course will then explore the labor and employment rights of immigrant workers under each area of law. How do labor and employment laws apply to immigrant workers, and under what circumstances are immigrant workers excluded from coverage? What are the policy and legal underpinnings for such exclusions? In the absence of de jure exclusions, do some labor and employment laws nevertheless de facto exclude immigrant workers? How do immigration policy and labor/employment law intersect, and how might those intersections change as immigrants take an even more significant role in the United States workforce? The course will be highly participatory, and will expose students both to doctrinal questions and to the practicalities of representing immigrant workers with labor and employment claims.
651. Labor Law
3 hours. A study of the National Labor Relations Act and its interpretation. Coverage includes regulation of internal union affairs, primarily under the Labor-Management Reporting and Disclosure Act.
695. Land Use
3 hours. A study of land use regulation, and the available legal vehicles for litigating constitutional and statutory claims in land use context.
628. Law & Economics
3 hours. This course introduces students to the economic analysis of the law. Because economics provides a tool for studying how legal rules affect the way people behave, understanding economic analysis of legal problems has become an important part of a lawyer's education. The ability to predict the effects of legal rules helps the practicing lawyer furnish advice and make arguments before courts. It is also a prerequisite for the evaluation of legal policy. Over the last twenty-five years, the economic approach has grown in importance in academia as well as in legal and judicial practice. The course will explore several economic methods and concepts and apply them to illuminate and critique familiar areas of law, including criminal law, torts, contracts, property, and civil procedure.
686A. Law, Morality & International Human Rights
3 hours. An introduction to the law and morality of international human rights. Among the topics to be addressed: the major UN-sponsored human rights treaties; the moral claims articulated in those treaties; the International Criminal Court; humanitarian intervention and “the responsibility to protect”; United States foreign policy and international human rights; the globalization challenge to international human rights; non-governmental organizations; and, not least, skepticism about international human rights. The final exam will be of the "take home" variety.
696. Law & Politics
3 hours. How do judges, particularly Supreme Court justices, make decisions over the application of law? While we traditionally think of judicial decision-making as a product of legal reasoning, both popularly and in academic circles people increasingly believe that politics also influences judicial behavior. But in what ways and under what conditions does politics impinge? This class is a survey of some of the most fertile areas of research. Topics include theories of collegial court decision making, how inter-branch relations (particularly with regards to the executive and Congress) may or may/not influence Supreme Court decisions, how the hierarchical nature of our judicial system affects the ability of the Supreme Court to impose a consistent "rule of law", and how politics may influence particular judicial outputs including the disposition of a case, the rule produced to justify the disposition, the frequency and content of concurrences, and the use of precedent to justify these various outputs. We will also ask questions about the institutional design and change of judicial systems, including why judicial review exists, how high courts manage (or not) compliance and enforcement concerns, and how national and international courts compare. In all cases we will be interested in understanding both the theories of how these political factors may influence judicial decisions and the evidence that backs (or not) the various arguments. This literature relies heavily upon social scientific approaches to the study of judicial behavior, including statistics and game theory. Because of this reality, the class will also provide the minimum necessary primer in these tools in order to facilitate the ability of students to read and process the theories and evidence at a high level.
715. Law and the Unconscious Mind
3 hours. This course explores the following intriguing questions: (1) How can prison be irresistibly alluring, and what does this allure imply for the purpose of punishment? (2) How does the character of the one-time criminal differ from that of the career defender? (3) How does stealing gratify both the wish to be dependent and the wish to be "macho" and aggressive? (4) Why are metaphors of soft, wet dirt (such as slime and scum) commonly used for criminals, and why is this usage not really as negative as it seems? and, (5) Why might the world be a poorer place without criminals?
In addition, the course provides the basic understanding of psychoanalysis, including infantile sexuality, the unconscious, and the defense mechanisms, such as denile, repression, undoing, and splitting. The class format consists of lecture, discussion, movies and (a few) games.
1 hour. Prerequisite: Intellectual Property. The class will be geared toward the general practitioner. It relates to the assignment and licensing of intellectual property including patent, trademark, and copyright. Clauses specific to particular types of intellectual property matters will be analyzed. Guest speakers from various industries will speak on their licensing activities.
636. Mergers and Acquisitions
3 hours. Prerequisite: Business Associations. An examination of the negotiated business acquisition, placed in the setting of the active market for hostile takeovers. Focuses on the problems facing attorneys representing buyers and sellers in the negotiating and closing process.
2 hours. An exploration of the theoretical and practical aspects of negotiating settlements in both a litigation and a transactional context. The objectives of the course will be to develop proficiency in a variety of negotiation techniques as well as a substantive knowledge of the theory and practice, or the art and science of negotiation.
754. Patent Law
3 hours. A study of administrative and judicial decisions, as well as fundamentals of patents and patent litigation.
708. Patent Practice & Procedure
2 hours. Prerequisite: Intellectual Property and Patent Law. This course introduces the students to the fundamentals of patent practice before the U.S. Patent Office (USPTO), by focusing on the drafting of patent claims, patent specifications and responses and amendments to Office Actions, as well as undertaking patent clearance studies. In addition to learning such skills, students will become familiar with the U.S. patent statutes, USPTO regulations, case law and customs and practice relating to drafting and pursuing patent applications to issuance through the Patent Office.
The course has two primary components: (1) lectures that introduce the students to the subject matter to be studied, and (2) practical skills-oriented homework and in-class exercises that will allow the students to hone their patent practice skills.
755. Pretrial Litigation
4 hours. Prerequisite: 3rd year ONLY, 2nd year with documented Litigation or Evidence. A simulation course where students work in teams of two under the close supervision of a faculty member. Students represent their clients as they would in actual cases, and learn the basics of civil pretrial litigation.
663. Products Liability
3 hours. A study of state and federal laws with attention to the role of such federal agencies as the Food and Drug Administration and the Consumer Product Safety Commission in regulating important products. Emphasizes the available causes of action for personal injury, property damage, and commercial loss resulting from defective products. Explores the interplay between the Uniform Commercial Code and tort liability.
736A. Public Health Law
2 hours. Law and public health are tightly intertwined. Law students can benefit from an improved understanding of the legal principles and laws underlying the complex and cross-disciplinary field of public health practice in the United States.
This course surveys law as it defines public health and is used by local, state, and federal government agencies as a tool to address contemporary public health problems in the United States. The course features a cross-disciplinary emphasis on the link between both the law and science of public health practice. The course specifically addresses foundational sources for public health law in the United States, including constitutional, statutory, regulatory, and judge-made law. In addition, this course provides an examination of controlling law and emerging legal issues associated with selected topics drawn from bio-terrorism, natural disasters, and other health emergencies; public health surveillance and outbreak investigations; public health research and health information; special populations (including, for example, persons with mental disabilities, prisoners, children, and homeless populations); and key public health topical areas, such as vaccination; food-borne diseases; tobacco use-related problems; and injuries.
616. Real Estate Finance
3 hours. An examination of the elements of basic real estate conveyances and alternative methods of financing a real estate acquisition, including various mortgage instruments, transfers of mortgaged property, and foreclosure questions.
744. Regulation of Healthcare Providers
2 hours. Prerequisite: Health Law. Healthcare providers (primarily physicians, hospitals and nursing homes) are subject to an array of state and Federal regulation, which regulation is not the result of a comprehensive scheme to implement a coherent and internally consistent policy. The result is a complex set of laws that often reflect the “health care policy of the moment” when they were adopted. Since the passage of the Medicare and Medicaid Patient and Program Protection Act in 1987, the regulation of provider conduct has increased significantly, including an increase in the scope of criminal sanctions and in the severity of civil penalties. This course will cover this largely unordered set of laws regulating provider conduct, including the following:
- Licensure and Other Controls on Physician Practice--(a) state practice of medicine laws and prohibitions on the corporate practice of medicine; (b) hospital peer review and medical staff disciplinary actions, the Health Care Quality Improvement Act’s effect on peer review and the National Practitioner Data Bank; and (c) Medicare regulation of the quality of care.
- Medicare and Medicaid Conditions of Participation for Institutional Providers-(a) conditions of participation for hospitals and ”deemed status” by virtue of private accreditation; and (b) compliance surveys and appeals.
- Billing and Reimbursement--(a) regulation of physician Medicare billing practices, including violation of terms of assignment, billing in excess of the Medicare limiting charge, failure to refund overpayments, and (b) regulation of hospital billing practices, including cost report certifications, billing certifications, unbundling of services, DRG “upcreep”, credit balances and refund obligations.
- Remedial and Prophylactic Statutes--(a) Medicare/Medicaid anti-kickback criminal law, including definition of “intent”, safe harbors and advisory opinions; (b) Ethics in Patient Referral Acts (Stark I and Stark II) prohibitions on self-referral; (c) civil and criminal liability for false claims; (d) Medicare/Medicaid Civil Monetary Penalties Law; (e) mandatory and permissive exclusion from Medicare and other federal health programs; and (f) corporate integrity agreements adopted by providers in settlement.
713. Secured Credit
3 hours. A study of Article 9 of the Uniform Commercial Code, covering transactions in which an extender of credit contracts for a lien on personal property to secure repayment. Consumer transactions such as financing the purchase of an automobile, and such commercial transactions as borrowing against accounts receivable.
667. Securities Regulation
3 hours. Prerequisite: Business Associations. A study of federal and state regulation of the issue, distribution, and transfer of securities. Explores the availability of exemptions from registration and the duties of participants in these securities transactions to comply with antifraud regulations. Some time is spent on the growing literature appraising securities regulation.
891. Special Topics in Technology Commercialization
3 hours. Prerequisite: Intellectual Property. This course will cover special topics in technology commercialization.
693. Sports and Advertising Law
2 hours. Prerequisite: Intellectual Property, Entertainment Law or Trademark Law or Copyright Law. This course will provide a practical overview of the laws governing professional sports and advertising, examining issues relating to the various participants – the fans, the sponsors, the owners, the teams, the leagues, the players and the coaches. Advertising is included in this overview of the laws governing sports because marketing the teams is such an integral part of the operation of a professional sports team and knowledge of the various laws surrounding advertising and promotions would benefit anyone interested in this industry.
729. State and Local Government
3 hours. An examination of the essential legal structure of state and local governments. It will include a study of state constitutional law, the constitutional and statutory powers of counties and municipalities, legislation, the delicate balance of state law against local government law, the tensions between urban and rural governments, the overall scope of police powers, and revenue authority. The course will also consider special purpose local government entities such as school districts and development authorities.
940. State & Multi-State Taxation
1 hour. Survey of the principal forms of state and local taxation and their essential elements, followed by a more detailed consideration of the federal constitutional limitations on state and local taxation.
914. Survey of Employee Benefits
2 hours. Study of the tax and non-tax ERISA aspects of employee benefits including "qualified" pension, profit sharing, deferred compensation plans, and health and cafeteria benefit plans.
796. Terrorism and the Law
3 hours. This course will examine criminal, civil, and military responses to terrorism. The criminal responses to terrorism materials will cover substantive criminal laws aimed at terrorism, problems of extraterritorial jurisdiction over and overseas apprehension of terrorists, distinctive practical difficulties with criminal prosecution of terrorists compared to other criminal prosecutions, and the relation of civil liberties to criminal enforcement mechanisms. Civil or non-criminal responses to terrorism include border control and immigration measures, economic sanctions, and compensation of those injured by terrorism and opposition to terrorism. Military responses to terrorism will focus on authorization to use military force, detention, interrogation, and treatment of suspected terrorists, and military trial and punishment of suspected terrorists
719. Trademark Law
3 hours. A study of the acquisition, maintenance, and enforcement of trademark rights in the U.S. Wherever possible and appropriate, comparisons with foreign legal systems are made.
676. Transnational Criminal Practice
2 hours. This course covers current issues in the practice and procedure of transnational criminal law. The course will use several simulated problems and cases as well as traditional readings to explore transnational discovery, methods for obtaining and using evidence abroad, international jurisdictional issues, prisoner transfer treaties, nature and use of extradition treaties and alternatives to extradition, including kidnapping and deportation.
674. Trusts and Estates
4 hours. A study of the law of intestate succession, limitations on testamentary powers, formalities necessary for executing or revoking wills, incorporation by reference and the doctrine of independent legal significance, problems of construction of wills, and will substitutes. Examines formalities for creation and termination of express trusts, with particular consideration of legal doctrines relating to settlor, beneficiary, trustee, and trust property. Also studies future interests in property, rules restricting perpetuities and accumulations, powers of appointment, and estate and trust administration
926. Wealth Transfer Tax
4 hours. An introduction to the federal estate, gift, and generation-skipping taxes, with some consideration of their impact on estate-planning techniques, especially inter-spousal and inter-generational transfers made outright or by will or trust.
683. White Collar Crime
3 hours. This course examines how corporations, their officers, directors, employees and agents can violate the criminal law. The course includes analysis of the responsibilities and potential liabilities of lawyers representing organizational clients.
683. White Collar Crimes Workshop
1 hour. Prerequisite: White Collar Crimes or (Constitutional) Criminal Procedure. This course addresses the practical application of concepts learned in the Corporate Crimes course. During the workshop students will be given information detailing allegations of a federal health care related criminal case. Students will assess the case for possible violations of federal mail fraud, conspiracy and false claim statues. Students will draft an indictment, represent a party in the ensuing litigation (which will not involve a trial), and arrive at a resolution of the criminal case. The course will explore "true to life" aspects of federal criminal corporate litigation from both prosecution and defense perspectives.