505A. Civil Procedure I
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.
505B. Civil Procedure II
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).
530. Constitutional Law I
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.
525. Criminal Law
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.
575. Legal Methods
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).
535A, 535B. Research, Writing and Appellate Advocacy
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.
Required Second- and Third-Year Courses
500. Business Associations
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.
747. Legal Profession
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.
671. Trial Techniques
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.
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. 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.
601D. Advanced Constitutional Law: Rights and Liberties
2 hours. In this course we will study controversies arising under the Bill of Rights and the Fourteenth Amendment. Special attention will be given to the perennially contested question of the proper role of the U.S. Supreme Court in resolving such controversies. The main topics to be considered will vary from year to year, but mainly focusing on (1) the equal protection of the laws, (2) substantive due process, and (3) religious freedom. Special attention will be given to the constitutional controversies over same-sex marriage and abortion.
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.
755A. Advanced Pre-Trial Skills: Legal Strategy, E-Discovery, and Class Actions
3 hours. 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, Colonial Era to Civil War
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.
655B. American Legal History: 1870 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. We will use the following major questions to frame our 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?
- What is the appropriate role of administrative agencies?
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 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.
635C. Barton Child Law & Policy Clinic: Public Policy Offering
3 hours. The Barton Clinic is an in-house legal policy clinic dedicated to providing research, training, and support to the public, the child advocacy community, and the legislature in Georgia. Students work on issues before the state legislature, complete research for publication, participate in local and statewide advocacy events, and help inform the discussion on child welfare issues with their own ideas or projects. Approximately 4-8 law and other graduate students are selected each semester to participate in the clinic.
Applications are accepted prior to pre-registration (watch for notices of the application deadline). Students must submit a resume, a statement of interest, list of 2 references, the name of his/her LWRAP Instructor, an unofficial transcript, and a writing sample.
Detailed course information is on the Clinic web site, http://www.childwelfare.net.
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.
847. Civil Trial Practice: Gender Discrimination
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.
957. Civil Trial Practice: Medical Malpractice
2 hours. A complex simulation based on an advanced medical malpractice and products liability problem.
679. Climate Change and the Law
2 hours. This seminar style course will explore the legal developments regarding climate change issues. The course will begin with background on climate change, discuss early international agreements, and move onto recent case developments, current options for regulating greenhouse gases, current litigation regarding climate change, and future trends.
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.
724. Comparative Law
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.
631. Computer Law
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.
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.
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. An examination of the protection of literary, artistic, musical, and related property under the Copyright Act.
712. Corporate Finance
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.
959. Courtroom Persuasion/Drama I
1 hour. 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. 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. 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.
622B. Criminal Procedure: Adjudication
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.
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.
641. Doing Deals: Corporate Practice
3 hours. 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.
659A. Doing Deals: Contract Drafting
3 hours. 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.
659B. Doing Deals: Deal Skills
3 hours. 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. 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.
636X. Doing Deals: Mergers & Acquisitions Workshop
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.
659D. Doing Deals: Private Equity
3 hours. 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. 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. 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. 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. 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. 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
2 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. 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. 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.
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 11th, 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 hour. 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).
691. International Sales Law: Vienna Convention
2 hours. The course deals with the Convention on Contracts for the International Sale of Goods. This Convention, also known as the Vienna Sales Convention, governs sales contracts between parties domiciled in different countries. We will discuss the sphere of application and study the rules of the Convention on formation of contracts, performance, rights and duties of the parties, remedies as well as the practical difficulties applying this body of uniform law in the member states.
639. International Tax
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.
717. International Trade Law & Policy
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.
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. Recommended: Constitutional Criminal Procedure I, Constitutional Law I, and Family Law.
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.
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
2 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.
686. Law & Morality
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.
634. Law of International Institutions
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.
715. Law and the Unconscious Mind
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.
677. The Law of International Common Spaces
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.
636. Mergers and Acquisitions
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. 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. 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. 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. 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:
1. 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.
2. 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.
3. 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.
4. 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.
739. Roman Law
2 hours. Understanding and appreciating the legal system of the ancient Roman Republic and Empires (500 BC - 600 AD) can actually make you a better lawyer today practicing in a dynamic, global environment. The reason is that Roman law is the foundation for all legal systems and traditions in Europe (aside from England), Latin America, Africa, Asia, and even parts of North America (Louisiana and Quebec). The Romans developed a legal jurisprudence that was every bit as nuanced and sophisticated as ours is today in such areas as torts (delicts), contracts, and property. After a historical survey of the development of Roman law and its sources, the course will be devoted to an in-depth analysis of Roman law doctrines that are relevant to today’s practice. Think of this class as a practical combination of legal history and comparative law.
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. 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. This course will cover special topics in technology commercialization.
693. Sports and Advertising Law
2 hours. 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
618. Victimless Crimes
3 hours. This is an advanced criminal law class that will bring together literatures from philosophy, law, sociology, criminology, economics, planning, and public health to evaluate the state’s role in punishing those who commit crimes without identifiable victims. The class is open to law students as well as graduate students from sociology and public health. We will focus primarily on crimes of possession, crimes of deviant sexuality, crimes that threaten the actor’s health & well-being, and crimes that protect professions & professionalism. We will also discuss the response of various criminal justice actors and institutions, including police, prosecutors, and courts.
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. 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.
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:
- 20th Century Constitution
- Advanced Corporate Governance: Law & Policy
- Advanced International Negotiations
- Comparative Bill of Rights
- Comparative Constitutional Law
- Critical Race Theory
- Disability & Discrimination
- Education Law & Policy
- Empirical Methods in Law
- Federal Housing Policy & Homelessness
- Federalism & Corporate Law
- Feminist Legal Theories
- Free Speech/Hate Speech
- Human Rights Perspective
- International Environmental Law
- International Intellectual Property
- International Women's Human Rights
- Latin American Legal System
- Law and Economics
- Law and Terrorism
- Law and Vulnerability
- Politics & Democratic Governance
- Products Liability
- Racial Integration
- Role of Patents
- Sexuality and the Law
- Theatre Law
- Topics in Legal History
899. Directed Research
2 hours. A major research paper prepared under supervision of a faculty member. Approval of both the associate dean and supervising faculty member required.
898. Directed Research: Specific Topic
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.
GOVERNMENT AGENCY PLACEMENTS
869A. Field Placement-Atlanta Spirit, Inc.
Atlanta Spirit is the sports and entertainment company that owns the Atlanta Hawks and the Atlanta Thrashers and is the exclusive operator of Philips Arena. Assignments may include legal research in the area of sponsorship agreements, sweepstakes and promotions, advertising, trademarks and copyright, privacy issues, employment issues, contracts, collective bargaining and corporate governance issues.
865J. US Bureau of Alcohol, Tobacco, Firearms & Explosives- US Department of Justice
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.
865K. US Department of Health and Human Services Centers for Disease Control
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.
865B. Field Placement—Environmental Protection Agency
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.
865T. US Equal Employment Opportunity Commission
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.
865R. Federal Aviation Administration - US Department of Transportation
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.
865D. Field Placement—Federal Trade Commission
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.
869C. Field Placement-GE Energy Services
GE Energy Services is a global business headquartered in Atlanta that provides services related to the sale of products for the generation, transmission and use of energy. Students work with the legal team on global commercial support of various GEES businesses including research and analysis of contracts, development of online legal tools and summaries of corporate documents.
865E. US Department of Homeland Security - Bureau of Immigration and Customs Enforcement
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.
865P US Department of Housing and Urban Development
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.
865F. Field Placement—Internal Revenue Service
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.
865W US Department of Labor - Office of the Solicitor
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.
865H. Field Placement—Securities and Exchange Commission
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.
865A State Law Department - Office of the Georgia Attorney General
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.
865M US Trustee
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.
869J. Field Placement-UCB, Inc.
UCB is a biopharmaceutical company dedicated to research, development and commercialization of pharmaceutical and biotechnology products in the fields of the central nervous system disorders, allergy/respiratory diseases, immune and inflammatory disorders and oncology. The intern works on wide range of general corporate matters and service agreements including legal compliance and policy issues and initiatives pertaining to the development, promotion and sale of prescription drug products, including Medicare/Medicaid, Fraud & Abuse, False Claims Act, antitrust and government pricing regulations.
867F Superior Court of Fulton County
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.
867B. Field Placement—Supreme Court of Georgia
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.
867D US Bankruptcy Court
3 hours Students work closely with Bankruptcy Court judges and their law clerks on matters pending before their courts.
867H. US Court of Appeals for the 11th Circuit
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.
867E. Field Placement—U.S. District 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.
866B,C,D,E. Field Placement—District Attorney's Office
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.
866M,N. Field Placement—Public Defender's Office
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.
866S. Field Placement—U.S. Attorney's Office
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.
866R Federal Defender Program
3 hours. Students are assigned to work with trial attorneys on issues related to defense counsel's work in the federal court.
Public Interest Placements
868A. Field Placement—ACLU
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.
868B. Field Placement —Atlanta Legal Aid
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.
866W Atlanta Volunteer Lawyers Foundation- Domestic Violence Project
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.
868K. Field Placement—Fulton State Court-Landlord/Tenant Mediation Project
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.
868C Georgia Innocence Project
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
868J Field Placement—Georgia Legal Services
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.
868Q - Southern Center for Human Rights
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.
868W Southern Environmental Law Center
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.
869B The Coca-Cola Company
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.
869H Federal Reserve Bank of Atlanta
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.
869E AT&T, Inc.
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.
869E Scientific-Atlanta/Cisco Co
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.
869P Fox TV Stations, Inc
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)
880. Field Placement—Special Programs
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.