3 hours. Fall. An examination of the problems inherent in a dual court system and in the determination of disputes that cross state lines. Emphasis on the bases and means of exercise of jurisdiction over parties and subject matter; the allocation of judicial power between state and federal judiciaries, with particular attention given to the jurisdiction and venue of federal district courts and the law applied in federal courts; and arbitration as an alternative method of dispute resolution.
3 hours. Spring. An examination of the trial and appellate procedure in civil cases, including the formulation and defense of claims (pleading), aids and alternatives to trial (discovery and pretrial motions); direct and collateral regulation of the size and scope of litigation (joinder and preclusion doctrines); the trial, with emphasis on the right, function, and control of jury trials; and the review of the disposition of litigation (post-trial motions and appellate review).
4 hours. Spring. An introductory study of the United States Constitution, including judicial review, the powers of Congress, the powers of the president, and the interrelationship of state and national governments. Includes an introduction to individual rights, with emphasis on the operation of the Fourteenth Amendment due process and equal protection clauses, First Amendment problems, and evolving doctrines of privacy.
4 hours. Fall. A study of the basic principles governing the formation, performance, enforcement, and imposition of contractual obligations, and the role of these principles in the ordering processes of society.
3 hours. Spring. A study of common and statutory criminal law, including origin and purpose; classification of crimes; elements of criminal liability and the development of the law respecting specific crimes; emphasis on the trend toward codification; and the influence of the Model Penal Code, including a study of the circumstances and factors that constitute a defense to, or alter and affect, criminal responsibility.
3 hours. Fall. This course explores the essential sources, institutions, process, and traditions of modern American law. The emphasis is on the role of judges and legislatures in making law in our society. Students will be introduced to the doctrines of precedent and stare decisis, as well as approaches to statutory interpretation. In addition, a variety of perspectives on the jurisprudence of law-making will be examined.
4 hours. Spring. An introduction to alternative theories of property rights, the division of property rights over time (common law estates, landlord-tenant law), concurrent ownership, private land use controls (easements, covenants), and public land use controls (eminent domain, zoning).
4 hours total. An introduction to law and sources of law, legal bibliography and research techniques and strategies, the analysis of problems in legal terms, the writing of an office memorandum of law and an appellate brief, and the presentation of a case in appellate oral argument.
4 hours. Fall. A study of compensation for personal and property damages growing out of negligence, intent, or strict liability, with special attention given to nuisance, misrepresentation, defamation, and privacy. Certain concepts, such as proximate cause and privilege, are considered in depth. Social policies underlying tort law prevention and loss shifting are analyzed.
4 hours. A study of the basic concepts in agency and partnership, including an introduction to modern corporation law, using the Model Business Corporation Act as a basis. Fundamental duties and allocations of power between shareholders, directors, and officers are examined, together with the legal rights that flow from these duties and allocations. The course considers the special needs of the closely held enterprise and the impact of federal corporation law, as well as fundamentals of corporate finance and federal regulation of trading in corporate shares.
4 hours. A general consideration of the rules of evidence, including relevancy, the hearsay rule, witnesses, presumptions and burdens, writings, scientific and demonstrative evidence, judicial notice, and privilege, including the constitutional privileges. Must be taken in the second year.
3 hours. A study of the law that governs the conduct of the lawyer in our society. Emphasizes the various roles of the lawyer in the different legal processes: legislative, judicial, administrative, and private.
2 hours. Spring. An intensive instruction in every aspect of trial advocacy. Includes practical experience in trying cases, examining witnesses, introducing evidence, and dealing with objections in jury and non-jury trials. Trial experience is supplemented by textbook, lectures, and discussions. Must be taken in the second year.
Nearly all of these courses are offered every year. Some courses alternate with seminars.
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.
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.
3 hours. A study of substantive law of maritime transactions and the jurisdiction and procedure of admiralty courts
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.
2 hours. An interdisciplinary workshop on child advocacy that will bring together faculty in law, nursing and public health. It will focus on the social, medical, legal, legislative, and public health policies and practices currently influencing child neglect and child protection. Among the topics to be covered are the structure of the child welfare system, legal, medical and social definitions of deprivation and neglect, the interrelatedness of poverty, substance abuse, domestic violence and cultural attitudes toward child rearing on the area of child abuse and neglect.
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.
3 hours. A study of the correctional process beginning with pretrial diversion and sentencing. Examines prisoners' rights, responsibilities and remedies. Includes a focus on the substantive rights of prisoners in a correctional setting, including freedom of expression and association, religion, privacy and property rights, as well as conditions of confinement.
3 hours. An exploration of the development of the institutions and ideas of American public and private law from the colonial era to the onset of the U.S. civil war. Topics include colonial legal institutions and the trans-Atlantic constitutions, the founding period and constitutional origins, development of the law of slavery, rise of the elected judiciary, the codification movement, the treatment of Native Americans, and federalism.
3 hours. An exploration of the development of the institutions and ideas of American public and private law from the end of the Civil War to the modern era. Topics include post-Civil War reconstruction, development of property rights, classical legal thought, law and society during World Wars I and II, the New Deal, the rise of the administrative state, and civil rights litigation
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.
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.
3 hours. This course will examine the history of the U.S. banking industry, the nature of the banking firm and the nature, content and scope of the rules regulating the banking industry in light of economic and social purposes.
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.
2 hours. A study of business reorganization under the Chapter 11 of the Bankruptcy Code. The focus will be on application of the provisions of the Bankruptcy Code and the Bankruptcy Rules to actual case studies of situations arising in a bankruptcy case. The course will cover the development and progress of a Chapter 11 reorganization case from the filing of the initial petition through confirmation, with strong emphasis on resolving problems faced by both debtors and creditors during this process. This course bridges the academics of law school with the application of practice.
2 hours. This course covers (1) confidentiality of patient medical information; (2) refusal to provide, and withdrawal of, medical care and life support to terminally ill patients, including brain death definition, medical futility and physician assisted suicide; (3) organ donation and transplantation; (4) reproductive rights and limits, including abortion, fetal interest, surrogacy, and reproductive technologies; (5) laws relating to genetic information and human genetic research; (6) informed consent to treatment; and (7) public health law survey, including legal authority to protect the public health, regulation of access to drugs, quarantine, civil commitment, mandatory testing, and mandatory reporting of gunshot wounds, suspected child abuse and certain diseases.
3 hours. An examination of the process of imposing the death penalty in the United States. The course will examine various statutory procedures for capital trials, constitutional issues presented by death penalty cases, the provision of counsel for the poor in capital cases, the adequacy of procedures designed to limit the impact of factors such as race or poverty on the determination of sentence, and issues raised by the imposition of the death penalty on children, mentally retarded, mentally ill, and other disadvantaged persons.
3 hours. An historical consideration of civil rights litigation strategies both before and after Brown v. Board of Education (1954). While our first month will survey the growing scholarly debate about Brown (Kluger, Tushnet, Rosenberg, Klarman, McConnell), we'll carry the education cases through Missouri v. Jenkins (1995) while also considering the unsuccessful effort to expand the LDF litigation approach into the welfare rights arena. Heavy reading, weekly short papers.
2 Hours. 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 13th where participation is mandatory.
2 hours. A complex simulation based on an advanced medical malpractice and products liability problem.
3 hours. A study of the form and function of negotiable instruments under the Uniform Commercial Code, as well as the system of bank collection of such instruments under the code.
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.
3 hours. This course will concentrate on sales, finance and leasing of commercial real estate. It will require significant amounts of time devoted to reviewing and drafting of documents.
3 hours. A study of major transformations of European and American law from the twelfth to the twentieth centuries. Questions will be raised concerning the influence of religious and political beliefs on the development of law in various critical periods of European and American history, the interaction of legal change with other aspects of social and economic change, the role of the legal profession and legal education in shaping legal institutions, techniques of legal development through case law and codification, and other matters relevant to the structure and growth of legal institutions. The course combines the traditional disciplines of legal history, legal philosophy and comparative law. The underlying purpose is to provide perspective for understanding the fundamental changes that American law has undergone in the present century.
3 hours. This course focuses on the comparison between civil law and common law traditions. Emphasis will be placed on the historical roots, as well as the contemporary attitudes, institutions, and processes, that are shared by civil law systems, and on some of the more important ways in which they differ from common law systems. The reasons for the differences are explored, as are the converging trends between the two legal families, through new instruments such as the Vienna Convention on Sales, the UNIDROIT Principles of International Commercial Contracts, and the Principles of European Contract Law. Within this framework, the course will consider topics including the distinguishing features of the civil law tradition, the system and organization of the civil codes, the judicial interpretation of the codes, and the force of precedent in a code system. Structural issues such as court systems, the education of lawyers, and the role of judicial review will also be examined.
3 hours. A study of the metamorphosis of litigation from the simple two-party model to the multiparty, multi-claim litigation increasingly prevalent today, including the causes of this change and the ability of the legal system to resolve disputes. Focuses on a detailed study of the class action device, including jurisdictional and due process implications. Also included is study of duplicative state and federal litigation; judicial control of complex cases, including multi-district litigation procedures and the case management movement; discovery; and problems relating to preclusion in complex cases.
2 hours. 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.
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.
3 hours. An examination of the constitutional theories and principles governing the law of arrest, search and seizure, police interrogation, eyewitness identification, and technological surveillance. Theories of standing to raise Constitutional claims and the methods used to enforce Constitutional rights, including the exclusionary rule, are also studied.
3 hours. An examination of the formal proceedings that make up the criminal process. Such topics as indictment and grand jury, discovery, right to speedy and impartial trial, guilty pleas, double jeopardy, and standards for the establishment of guilt are studied.
3 hours. A study of individual rights problems. Includes substantial coverage of equal protection, free speech/free press, and civil rights issues. Prerequisite: Constitutional Law I.
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.
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.
3 hours. An examination of the protection of literary, artistic, musical, and related property under the Copyright Act.
3 hours. An examination of the ways in which corporations, their officers, directors, employees and agents can violate the criminal law. The course will emphasize liability imposed under state and federal laws in the United States, but also will study criminal liability arising under the laws of other countries. We will use a casebook to study fundamentals of U.S. law. In addition, recent prosecutions of Compuserve, Archer Daniels, Midland, and other companies will serve as case studies of how corporations and the individuals who work for them can incur potential criminal liability under the law of other countries.
3 hours. 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.
3 hours. A workshop providing 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.
1 hour. An introduction to the fundamentals 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.
1 hour. 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.
3 hours. This workshop will examine the portrayal of the criminal justice system in the film media. The course will focus on four areas of criminal justice depicted in film: Capital Punishment, Prison, Courtroom and Criminal Behavior. We will study the films for their accuracy to legal doctrine and the light they cast on such issues as conditions of confinement in prison; the morality of capital punishment; the issue of race at trial; as well as the theories behind the increase in crime in America. Assigned reading will include portions of books, law reviews and cases relating to the topics.
2 hours. 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.
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.
3 hours. 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.
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.
2 hours. Study of the tax and non-tax ERISA aspects of "qualified" pension, profit-sharing, and deferred compensation plan
3 hours. This course will focus on developing the skills necessary to use the discovery process to prepare a case. The course will involve classroom simulations that require students to recognize and resolve various dilemmas of ethics and professionalism that arise in the context of discovery. Grading will be based on several written discovery simulations, deposition simulations, in-class simulations, and motion practice.
3 hours. This course examines common law issues (property, contracts, torts, crime, procedure) from the perspective of economics. The underlying issue is the extent to which the law can be understood as achieving economic efficiency.
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.
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.
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.
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).
3 hours. 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.
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.
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.
2 hours. 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.
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.
2 hours. A study of the problems, policies, and laws related to the creation and the dissolution of family relationships.
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.
3 hours. 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.
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.
3 hours. 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.
2 hours. A study of the major substantive areas of food and drug law, with emphasis on the content and scope of the federal Food, Drug, and Cosmetic Act and regulations.
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.
3 hours. An exploration of the ways in which law is used both to advance gender equality and to institutionalize gender-based discrimination. At its core, the course aims to explore the construction of gender and sexuality as reflected in and by the legal process. Topics covered will include: the right to "sexual privacy"; medicalization of sex, gender and sexuality; U.S. military exclusions and the construction of manhood; legal responses to "sexual speech" and "identity speech"; sexuality and gender in education; gender-based asylum; the changing definition of family; cultural and religious practices and gender; and gender and human rights. Although primarily a course on U.S. jurisprudence, the course will also incorporate international perspectives.
3 hours. A survey of American health law that will include coverage of issues selected from some or all of the following areas: patient access to health care services; the organization of health care delivery systems and the prominent rise of managed care; public and private health care insurance; quality of care issues including regulation, licensure and legal liability of hospitals and health care providers; antitrust issues related to health care financing and organization; and bioethical dilemmas in law and medicine.
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.
3 hours. An exploration of the interaction between ecclesiastical and political authorities and institutions in Europe and colonial America during certain critical periods from the fourth to the eighteenth centuries. Attention given to the variety of legal and political arrangements developed to facilitate the cooperation of ecclesiastical and political authorities, to protect them from each other, and to define the religious liberties and duties of subjects. Explores the variety of philosophical and theological theories of church and state and religion and law that supported and contested these legal and political arrangements.
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.
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.
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.
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.
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:
2 hours. An introduction to international human rights law and institutions. The course deals in particular with mechanisms for the protection and promotion of human rights established by or under auspices of the United Nations, regional organizations and specialized agencies, with special emphasis on international covenants and conventions pertinent to human rights concerns.
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.
3 hours. 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.
3 hours. Recent years have witnessed extraordinary change in the legal framework for the conduct of international trade activity, as evidenced by the completion of the Uruguay Round of the General Agreement on Tariffs and Trade (GATT), the implementation of the North American Free Trade Agreement (NAFTA), and major alterations in the national and international structure through which imports and exports are regulated. This course is intended to provide an overview of that changing framework, with particular attention to the interplay of international and domestic trade rules.
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.
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."
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. Recommended: Constitutional Criminal Procedure I, Constitutional Law I, and Family 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.
2 hours. A study of land use regulation, and the available legal vehicles for litigating constitutional and statutory claims in land use context.
3 hours. This interdisciplinary course will assess the relationship of law and policy to the conservation of biodiversity. The course will focus on three complex concepts – biodiversity, adaptive management, and sustainable development – with an emphasis on issues surrounding the Everglades. The goal of the course is to explore and test the three concepts, each of which has emerged in the past decade as a central aspect of modern conservation policy.
3 hours. In this course we will study several topics at the intersection of law, morality, and religion, including these: What is the morality of human rights—and what is its relationship to the law of human rights? Is religion a legitimate basis of lawmaking in a liberal democratic society? Should capital punishment be abolished? Should abortion be banned? Should same-sex marriage be recognized? The final exam will be of the “take home” variety.
2 hours. This is an advanced course in public international law, dealing primarily with international organizations and methods of international dispute settlement. The thrust of the class is to provide students with an understanding of the current role of international institutional machinery in making international law, resolving conflicts between states, and addressing global concerns as diverse as environmental protection, economic cooperation, and collective security.
3 hours. An introduction to basic psychoanalytic concepts and methodology, followed by application of psychoanalysis to legal issues. Employs psychoanalysis to illuminate such topics as hostility toward lawyers among lawyers and non-lawyers, and the unconscious attractions of imprisonment.
2 hours. An examination of the international community's management of common resources, including the law of the sea, of airspace and outer space, of polar regions, and of the global environment.
1 hour. 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.
3 hours. An exploration of the theoretical and practical aspects of negotiating and mediating transactions and disputes in our legal system. The objectives of the course will be to: 1) study negotiation and mediation theory; 2) develop an understanding of the context in which particular negotiation and mediation strategies and tactics are successfully employed; 3) consider the ethical implications of negotiations and mediations; 4) consider generally the roles negotiation and mediation play in our legal system; 5) develop proficiency in negotiation and mediation both as an advocate and a neutral.
3 hours. 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. 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.
3 hours. Timber, fish, mineral, forage, water, wilds, coastlands, indigenous plants and animals – these are all resources that the United States has in abundance. Many of these resources exist on public lands. How are these resources handled, regulated, used and distributed? How ought these resources be handled, regulated, used and distributed? What issues are common to these varied resources? What issues are unique?
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.
3 hours. A study of administrative and judicial decisions, as well as fundamentals of patents and patent litigation.
4 hours. 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.
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.
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.
2 hours. An exploration of the federal regulation of nonprofit organizations, with special emphasis placed on health care providers and other charitable corporations. The limitations restricting charitable involvement in partisan activity will be considered, as well as the Unrelated Business Income Tax applicable to nonprofit organizations that engage in commercial activity not directly related to their charitable purposes. While this is not a tax course, most of the federal regulations governing non-profit organizations have been promulgated by the Treasury Department.
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.
3 hours. 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.
2 hours. This course studies the variety of rules—state and federal—that govern sentencing (including sentencing guideline systems and capital sentencing systems), appeals, post-conviction judicial review, executive pardons, and continuing disabilities imposed on offenders after imprisonment. The course will also examine forfeiture as a method that government used to impose punishment without (or in addition to) conviction.
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.
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.
2 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.
2 hours. This course will explore a range of environmental and ethical issues that typically arise in different types of business transactions. Among the transactions studied are stock purchases, assets purchases, leases and pure property transfers. Considerable time will be devoted to the process and significance of due diligence, the management of environmental risks, and the responsibilities inherent in the discovery of contamination or other human health exposures. The ethical issues and civil and criminal liabilities potentially associated with the discovery of contamination or other health risks will also be explored. The course will conclude with a negotiation exercise based upon a real world transaction.
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.
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
2 hours. This course will explore various themes common in the practice of environmental law, focusing in the area of water pollution control. In working through the materials, the class will have the opportunity to role play and develop strategies from the standpoint of the public, private and governmental attorney. The class will cover concepts in the traditional riparian and prior appropriation rights, the federal permitting program, coastal and wetland protection programs, as well as the environmental and natural resource problems concerning water quality protection.
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.
2 hours. A study of the application of Constitutional and procedural rules to white-collar crimes chargeable to individuals and organizations. Areas of study include the investigation and evidence gathering stage, the constitutional and other privileges generally asserted, pretrial motions, pretrial discovery, trial and sentencing. The crimes used for purposes of illustration include fraud, false statements, conspiracies and tax crimes; however, the focus is on the processing of cases and the representation of the white-collar defendant rather than on any intricacies of the substantive offenses.
2 hours. An examination of employees' remedies prior to and apart from workers' compensation; theory of workers' compensation; employee/employer relationships; classification of risks covered by the compensation acts; general concepts relating to disability and death benefits; and administration of the workers' compensation laws.
3 hours. This course is devoted to the study of the body of world law that has emerged to support the world economy and the emerging world society. It is distinguished from traditional courses in public international law by its focus on transnational customary law created by participants in world trade, investment, and finance, as well as in global communications, technology transfer, environmental protection, health care, tourism, sports and other world-wide activities. The course is also distinguished from traditional courses in comparative law by it focus on the common features of the world’s legal systems, or what has been called the common law of mankind. The course will identify the principal sources of world law and the various roles of various types of actors, both private and public, in its development. Included will be the role played by multi-national law firms through global legal practice.
Seminars covering a variety of subjects are offered each semester in the law school, sometimes in cooperation with adjunct faculty members or faculty from other divisions of the university. The specific subject areas of the seminars vary from semester to semester. Each seminar is worth three credit hours. The following are examples of seminars taught over the past several years:
2 hours. A major research paper prepared under supervision of a faculty member. Approval of both the associate dean and supervising faculty member required.
2 hours. Each student prepares, under the supervision of a faculty member, a major research paper that meets the writing requirement. Approval of both the associate dean and the supervising faculty member are required.
Advanced students are ready and often eager for practical experiences under supervision, that can provide a link between the classroom and the legal profession. Under a variety of third-year practice statutes and rules, third year students can gain actual courtroom experience while under the supervision of practicing attorneys. In addition, as the Southeast's leading city and the state capital of Georgia, Atlanta is the headquarters for numerous government agencies and corporations. Field placements for second- and third-year students are available with a wide variety of federal agencies, with public interest organizations, corporations, and judges. Third-year students may also take litigation placements.
All field placements emphasize practical skills and expose students to various aspects of the practice of law. Students are limited to one placement per semester. They may interview clients, negotiate agreements, present cases, conduct legal research, make court appearances and generally participate in the work of the particular office. Through these field experiences, students can begin to sense their own opportunities and responsibilities within the legal profession.
All field placements or internships operate under the supervision of the Administrative Professor for Field Placement and the Skills Training and Field Placement Committee of the faculty. They are limited to pre-selected students. All field placements require a minimum of 120 hours of work per semester for three hours of credit. The number of field placements varies from year to year. New placements may be added and others suspended. Listed below are some examples of those placements that are currently offered.
3 hours.The Office of the Assistant Chief Counsel to the AFT advises the Atlanta Field Division, the National Licensing Center, and the ATF National Academy and related agencies on state and federal policy and regulations in the area of law enforcement. Students conduct research and may meet with clients including Special Agents and Inspectors.
3 hours. The Centers for Disease Control Legal Office provides legal services to the CDC/ATSDR and handles a wide variety of legal issues related to the agency. These issues include legal and public policy issues related to AIDS, vaccine liability and compensation, biotechnology and toxic torts. Students conduct legal research and respond to legal and policy issues raised by CDC officials. Students especially interested in patent law and intellectual property issues may intern with the Centers for Disease Control-Office of Technology Transfer.
3 hours. This agency administers several important statutes, including the National Environmental Policy Act, Clean Air Act, Clean Water Act, and Superfund. The agency has primary responsibility for regulating environmental pollution, monitoring activities of other federal agencies with respect to environmental protection, and administering a large and complex federal grants program. Student involvement includes investigating complaints, interviewing witnesses, reviewing case documents, researching legal issues, and preparing memoranda for hearings or trials.
3 hours. The EEOC investigates complaints of discrimination brought by employees. The Legal unit reviews cases where there has been a finding of discrimination and students assist in those reviews and in all aspects of their prosecution. The administrative law judges in the Federal Sector conduct hearings and settlement conferences and involve the interns in research and writing including draft orders and decisions.
3 hours. Students may work on aviation safety enforcement cases, action hearings before administrative judges, employment cases, government procurement law and other general legal services for the regional office of the Federal Aviation Administration.
3 hours. The Federal Trade Commission conducts investigations of antitrust and consumer protection cases, and prepares cases for administrative hearings or federal district court litigation. Student interns may interview injured competitors or consumers, review case documents, conduct legal research and prepare memoranda for hearings or trials.
BICE undertakes enforcement of immigration laws and involves the students in proceedings before the Immigration Court including exclusion and deportation cases, cases of political asylum and other immigration proceedings. Interns may be able to make appearances before the Immigration Court as the schedule permits.
3 hours. Students are placed in both the Program Services Division which reviews documents related to closing multi-family FHA-insured loans and capital advance grants, researches HUD rules and works on issues of asset management, public housing community development and construction law. Other students may be placed in the Fair Housing division which investigates complaints of housing discrimination.
3 hours. Students work with IRS attorneys on a wide variety of matters, doing research and preparing memoranda for pending cases. Students may have access to returns and return information to the same extent that attorneys or tax law specialists have access to such material. Prerequisite: one course in federal taxation.
3 hours. The Solicitor's office of the US Department of Labor is the second largest litigation department in the federal government. The regional office litigates cases involving labor and employment laws including laws governing pension plans, occupational safety and health, minimum wage, overtime, protections for migrant farm workers and rights of military service members. Students may assist in all aspects of preparation for litigation.
3 hours. The NLRB administers the National Labor Relations Act, the primary federal legislation regulating labor/management relations. The board oversees election processes and rules on challenges to elections. It also decides whether to prosecute unfair labor practice charges instigated against employers and unions. Student interns are involved in interviewing witnesses, attending hearings, and preparing memoranda and complaints.
3 hours. The SEC regulates all facets of the securities industry and markets through its enforcement and regulatory activities. Students are involved in enforcement responsibilities, including legal research, the preparation of pleadings, and other aspects of case preparation for trial or administrative proceedings. Limited opportunities may be available to work on regulatory matters, primarily the examination and critique of small issues registration statements.
3 hours. The State Law Department provides representation to the Governor, state agencies and state public officials. Practice areas include civil rights, employment discrimination, education, consumer, tax and health care fraud and environmental violations and state capital felony appeals. Interns are assigned to a particular division to work on all matters handled by that division.
3 hours.The Office of the US Trustee in Bankruptcy acts to ensure compliance with applicable bankruptcy laws and procedures, identifies bankruptcy fraud and abuse and oversees administration functions in bankruptcy cases. Students participate in a broad range of activities which assist them in developing an understanding of bankruptcy practice and the role and function of the US States Trustee.
3 hours.The student works closely with a trial judge on the Superior Court of Fulton County and with her law clerk on matters pending before the Court.
3 hours. Students assist the justices' law clerks in handling a varied case load while polishing their research and writing skills. Students also attend oral arguments and become acquainted with the principles of appellate jurisprudence.
3 hours Students work closely with Bankruptcy Court judges and their law clerks on matters pending before their courts.
3 hours.The student intern works closely with a judge on the 11th Circuit Court of Appeals and her law clerks on matters pending before the court.
3 hours. The student intern works closely with a District Court judge for the Northern District of Georgia and her law clerks on matters pending before the court.
3 hours per semester with a two-semester obligation. Under the supervision of assistant district attorneys, students research and write motions, draft indictments, investigate facts, interview witnesses, and make court appearances on behalf of the prosecution. Placements include the Cobb, DeKalb, and Fulton County District Attorneys' offices. Limited to third-year students.
3 hours per semester with a two-semester obligation. Students assist the public defender in all phases of criminal cases. Offices include DeKalb and Fulton County Public Defenders' offices.
3 hours per semester with a two-semester obligation. Through an arrangement with the U.S. Attorney's Office, Northern District of Georgia, students are placed in either the civil or criminal division under the individual supervision of an assistant U.S. attorney. During the year, each student is exposed to all phases of civil or criminal federal practice involving the United States. This experience, in the past, has included witness interviews and preparation, motion practice, appellate and trial brief preparation, and actual trial work. Limited to third-year students.
3 hours. Students are assigned to work with trial attorneys on issues related to defense counsel's work in the federal court.
3 hours. The ACLU of Georgia investigates a large number of cases involving potential violations of individual rights and liberties. Interns are assigned several requests for assistance weekly. The interns corroborate and develop the facts, conduct preliminary legal research, and present a summary of selected meritorious requests to members of the ACLU legal committee at monthly meetings. Interns also work with private attorneys on ACLU cases.
3 hours. Interns work with staff attorneys on the civil problems of clients eligible for legal aid. General practice placements are made in several offices around the Atlanta metropolitan area. Other students are assigned to special projects of Atlanta Legal Aid including the Senior Citizen Law Project and the Health Law unit.
The Domestic Violence Project provides pro bono representation to victims of domestic violence referred by the Fulton County courts. Students interview victims and represent them as they seek to get protective orders against their abusers.
3 hours. Students work on human rights cases referred to the Carter Center from around the world. Students may undertake investigation of cases, draft analytical memoranda and make recommendations for future action. This placement is offered in conjunction with the course in International Human Rights.
3 hours per semester with a two-semester obligation. Students are trained as mediators and, working under the supervision of an attorney, they negotiate settlements between landlords and tenants in dispossessory actions in Fulton State Court. Students completing this placement will be eligible for certification as neutrals in the state of Georgia.
3 hours. The Georgia Innocence Project is part of a network of Innocence Projects around the country. It is a non profit organization providing pro bono legal assistance to inmates convicted of crimes where DNA technology, not available at trial, could prove that the inmate is innocent. Interns respond to inmates seeking assistance, investigate cases and may work with a volunteer attorney towards a new trial for the inmate
3 hours. Georgia Legal Services has fifteen offices around the state that provide legal services to low income citizens. Students may intern at the Central or the Piedmont regional office. Work includes legal research, client interviews, case preparation and other assistance to staff attorneys and their clients.
3 hours. Students work on habeas corpus and other matters raised by defendants facing the death penalty and on prison condition cases under the supervision of the advocates at the Southern Center for Human Rights. Students must have completed or be concurrently enrolled in the course in Capital Punishment taught by Stephen Bright, Director of the Southern Center for Human Rights and his associates.
The SELC works to protect the environment in six Southeastern States. Current areas of involvement include air and water quality, wetlands, energy conservation and public lands protection. Interns work on a variety of environmental and administrative law issues.
3 hours. The Upper Chattahoochee Riverkeeper is an environmental organization dedicated to protecting the watershed. Students work under the supervising attorney on all aspects of environmental litigation under federal, state, and local laws.
3 hours. Depending on the company's needs, students may be assigned to the Industrial Property Group, the International Group, or the General Corporate Sections, which include litigation, antitrust, food and drug, securities, employee relations/labor, and merchandise licensing.
3 hours. The legal department of the Federal Reserve Bank of Atlanta handles legal issues arising from the regulation of bank holding companies and Federal Reserve member banks, as well as a broad variety of corporate legal matters. Interns spend half their time doing research projects and the other half working on various non-library activities, including meeting with private counsel on issues such as insider transactions, attending legal department presentations on developing banking topics, and meeting with community representatives who have filed protests against applications to conduct certain banking activities.
3 hours. Students work under the supervision of corporate attorneys who have a general practice with a heavy concentration in civil litigation. Interns assist staff attorneys with all phases of litigation, as well as real estate, bankruptcy, and employment law matters.
3 hours. Scientific-Atlanta Inc. is engaged in the business of manufacturing and marketing telecommunications equipment world-wide. Interns work for corporate attorneys in the general areas of international and domestic contracts, UCC and private international law, intellectual property, and labor and employment.
The legal department of Fox TV Stations handles business and legal affairs for television stations located in Texas, Florida, Georgia and Ohio.The intern works primarily on legal issues arising in the area of the First Amendment (libel, privacy and access to court proceedings, public meetings and public records) and communications (FCC rules and regulations)
3 hours. Special field placements may occasionally be authorized by the Skills Training and Field Placement Committee of the faculty to take advantage of a unique placement opportunity.