Courses that may meet the upper-level writing requirement are identified as follows:
req. QP — required qualifying course paper
opt. QP — optional qualifying course paper
req. PP — required portfolio paper
opt. PP — optional portfolio paper
Administrative Law (3 hrs.)
This course involves the study of the administrative process, including formal and informal processes within various administrative agencies; as well as judicial, legislative, and executive control of administrative activity. The investigative, interpretative, rulemaking, adjudicatory, and enforcement operations of administrative agencies will be covered. Prof. Breger, Prof. Gregg, Prof. Mintz.
Advanced Criminal Procedure: Anatomy of a Homicide (3 hrs.)
This practical seminar in advanced criminal procedure will immerse students in the facts of a First Degree Pre-Meditated Murder. Detailed and vibrant class discussions will tackle such issues as witness intimidation; cooperation agreements; use of the grand jury; attorney-client relationships; investigation and disclosure of exculpatory information, jury selection, affirmative motions practice and much, much more. Classroom discussions will not be abstract or theoretical. Rather, each discussion will grapple with issues presented by the facts as students assume the role of the litigators assigned to the case. Throughout the semester, students will acquire the tools necessary for both prosecutors and defense lawyers to properly investigate, prepare and bring to trial a serious and complex criminal case. There will be no final examination. Rather, students will be expected to conduct original research and draft three motions during the course of the semester. Students will be expected to make themselves available for the entirety of one business day to attend court proceedings in the trial of a homicide. Prerequisite: Criminal Procedure: Investigative Process. Recommended that students have completed, or are concurrently taking, Criminal Procedure: Post Investigative Process. Mr. Zachem.
Advanced Federal Civil Procedure (2 hrs.)
This is a course in advanced civil procedure in the federal courts. While some fundamental principals of federal civil procedure will be examined to ensure all students possess an equal grounding in basic civil procedure, the course emphasizes the study of those advanced topics in civil procedure that are not studied extensively (or at all) in the first year. Federal jurisdiction is examined with an emphasis on federal supplemental and removal jurisdiction. Joinder of claims and parties (who may or must be parties, how to get them in, and how to get them out) is examined in depth, as are the complexities of class suits, multidistrict litigation, federal interpleader, substitution, and intervention. The course also covers shareholder derivative suits, motions practice (with an emphasis on summary judgment), federal discovery practice (with an emphasis on privilege and attorney work product), enforceability of judgments, relief from a judgment, and appeals from federal district courts to Federal Circuit Courts of Appeal and from federal circuit courts to the United States Supreme Court. Practical problems will be worked on throughout the course. Examination. Prof. Hartley.
Advanced Issues in Copyright and Trademark Law (2 credits) — QP
This seminar explores advanced topics in copyright and trademark law including, but not limited to, digital copyright law, cybersquatting, misappropriation of intellectual property, and indirect copyright infringement. The course also focuses on recent legal developments in the fields of copyright and trademark law. The purpose of this course is to explore copyright and trademark topics that are not covered or are covered only superficially in the introductory intellectual property courses. Successful completion of this course may satisfy one of the two upper-level writing requirements. Refer to Academic Rule XIII - Writing Requirement and Directed Research.
Prerequisite: Introduction to Intellectual Property, Copyright Law, or Trademark Law. Judge Damich.
Advanced Issues In Corporate Law (2 hrs.) — req. QP
This course will focus on selected advanced corporate law issues and the role of corporate counsel in addressing these issues. Topics will include business ethics; corporate social responsibility and philanthropy; corporate political activity; investigation of allegations of corporate wrongdoing; corporate compliance programs in areas such as finance and securities, environmental, employment, and fraud and abuse law; the emerging law of crisis management; and related professional ethics issues, such as responsibilities of corporate counsel, opinions of counsel for complex financial transactions and the operation of the attorney-client privilege in corporate settings. In lieu of a final examination, this course requires a qualifying paper that fulfills one half of the upper-level writing requirement. Prof. Duggin.
Advanced Legal Research and Writing (3 hrs.) — WC
This course will develop students’ writing and research skills by guiding them through the process of researching for and writing a case note on a pending Supreme Court case. The first component of the course will be devoted to the development of advanced legal research skills including planning research strategies, field research, research in public records, constitutional law research, statutes, legislative histories, tracking legislation, treaties, administrative and executive publications, agency rules, regulations and adjudications, government documents, case finding, case verification, secondary sources, looseleaf services, LEXIS, WESTLAW, Internet resources, nonlegal research, and specialized legal research. The remainder of the course will be devoted to the refinement of writing skills, focusing particularly on organization, use of authority, and development of an effective writing style. Successful completion of this course fulfills one half of the upper-level writing requirement. Students who are taking or have already taken Advanced Legal Research or a course on legal literature taught by the School of Library and Information Science may not take this course. Prof. Harmon, Prof. Williams.
Advanced Patent Law (3 hrs.) – req. QP
This seminar explores advanced topics in patent law including, but not limited to, the history of patent law, the intersection between patent and antitrust law, various issues regarding pharmaceutical patent law, patent reform, specialized patent courts, and current developments in patent law. The purpose of this seminar is to introduce students to patent law topics that are not usually covered in other intellectual property courses offered at the law school. Each student will be required to write a qualifying course paper on a patent law topic of choice. Because advanced patent law topics will be discussed in this course, students are required to have taken Introduction to Intellectual Property, Patent Law, or Patent Enforcement. This prerequisite may be waived by the professor if a student has other significant patent law experience (e.g., student is a current/former patent examiner). On occasion, this course may be offered as a two-hour course for administrative convenience. Prof. LaBelle, Mr. Sung.
Advanced Topics in Environmental Law (2 hrs.)
This seminar explores facility siting, pollutant trading, place based conflict, land use, and sustainability through a lens of environmental justice and equity. Topics to be explored include the lawyer's role in environmental conflicts and techniques used to reach solutions. Case studies and negotiation exercises are a part of this paper course. Ms. Dunn.
Advanced Torts (3 hrs.)
This course offers an exposure to a variety of tort law topics, other than product liability, that extends the coverage typically offered in the first-year course in torts. Because many students will not have studied any tort law since their first semester in school, the course begins with a brief review of basic tort law doctrine. Nuisance law will be considered next, followed by a detailed study of the law of defamation, including an examination of both its basic doctrinal characteristics and the federal constitutional features that have developed since 1964. In addition, the rules and practices relating to the award of damages in personal injury cases will be discussed. Where appropriate, the class will look at the way in which various tort law doctrines are tested on both the multistate and the essay portion of the bar. As such, the course may be valuable for the third- or fourth- year student who wishes to be fully prepared for the tort law portion of the bar examination. Prof. Scordato.
Agency (2 hrs.)
This course is a basic survey of agency law doctrine and policy. Agency law addresses the general circumstances by which one entity (the agent) may take action on behalf of, and with significant legal consequences for, another (the principal), and the regulation of the relationship between the principal and the agent. Agency law often
operates to facilitate the reach of other doctrinal areas, as when a principal authorizes an agent to enter into a contract with a third party on the principal’s behalf, or when an agent who engages in a tort and as a result harms another generates liability for the principal. Specific topics to be covered in this course include the definition of agency and the creation of an agency relationship; capacity of parties and nondelegable acts; ambiguous agencies; vicarious knowledge and notice (the imputed knowledge rule); vicarious tort liability (the doctrine of respondeat superior); vicarious contractual liability (actual and apparent authority); undisclosed and partially disclosed principals; ratification; rights and liabilities between the principal and the agent; rights and liabilities between the agent and the third party; and termination of the agency relationship. The legal relationship between attorneys and their client, and the legal relationship between attorneys and the law firm (or corporation or government) for which they work is an agency relationship. Moreover, agency law is tested on the Maryland, Virginia, District of Columbia, and many other state bar examinations. Thus, all students who aspire to be licensed practicing attorneys should consider taking a course in agency law. While agency law can be thought of as a foundational subject for the study of corporate law, this course is not taught from that perspective. As a result, it may be particularly appropriate for those students who desire some exposure to agency law, but who do not necessarily wish to engage in a greater study of business entities. Students who would prefer to study agency law in that context might consider the course in Unincorporated Business Organizations. Prof. Scordato, Mr. Weinstein, Mr. Wyrsch.
Agency and Partnership (3 hrs.)
The first part of this course examines agency law, which plays a most significant role in our organizational society. Just as organizations greatly benefit from and rely on agency law--facilitating transactions with third parties and engaging in a multitude of other activities--organizations are also subjected to consequential risks and obligations. The major agency-law areas that are covered include the nature and creation of such relationship, the rights and duties of the principal and agent, the principal’s potential contractual and vicarious liability for its agent’s dealings with third parties and the termination of the relationship.
The second part of this course covers the main types of so-called unincorporated business organizations, first examining general and limited partnerships, then covering limited liability partnerships (LLPs) and limited liability companies (LLCs). Within the context of these business organizations, the following topics will be studied: the purpose, formation, operation and termination of these organizations. Some time will be spent on reviewing the main business agreements (e.g., general partnership agreement and the LLC operating agreement). Prof. Scordato, Mr. Wyrsch.
Alternative Dispute Resolution Techniques (2 hrs.) — req. QP or PP
The seminar is a limited-enrollment (20 students) course that looks at mechanisms for resolving disputes other than the mechanism of litigation. It concentrates on negotiation, arbitration, mediation-conciliation, and the so-called “rent-a-judge” and the “mini-trial” proposals. The seminar will be mainly an in-depth discussion and analysis of the individual devices, and will evaluate the advantages and disadvantages of the alternatives in relation to litigation. A number of guest lecturers will attend and participate. Students will participate in simulations and be critiqued on their individual performance. Class participation by all members of the seminar is required and the final grade will be based on the research paper or portfolio papers written by each participant. Each student will be required to give a short, oral presentation on his or her paper topic toward the end of the semester. This course requires a qualifying course paper or portfolio papers that fulfill one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Ms. Raskin, Prof. Woods.
Antitrust (3 hrs.)
A study of those federal statutes intended to preserve the benefits of competition in unregulated industries. The course considers the impact of the Sherman Act, the Clayton Act as amended by the Robinson-Patman Act, and the Federal Trade Commission Act on the practices and structure of American business. The course includes some economic analysis, but a background in economics is not necessary. The relevant concepts are developed throughout the course. Prof. Garvey, Mr. Greaney, Prof. Perez.
Appellate Advocacy (2 hrs.) — WC
Students will study standards of appellate review, review of the trial record, and appellate practice techniques. Instruction will focus on the presentation of a simulated case to a federal or state appellate court. Students will review the trial record for appealable issues, submit an appellate brief, and argue the case orally before panels of judges and attorneys at the Appellate Advocacy Competition. Successful completion of the Lawyering Skills course is a prerequisite to enrollment in this course. Successful completion of the appellate brief in this course fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. The final grade is based on evaluation of the student’s written work, oral advocacy, and class participation. Mr. Beck, Ms. Fair, Ms. Gaskins, Ms E. Miles.
Art Law (3 hrs.)
This is a survey course that introduces students to major legal issues relating to visual art. Topics will include artist's rights (such as copyright and moral rights); cultural property disputes over visual art and antiquities (such as the dispute over whether the Elgin Marbles should be returned); plundering and destruction of artworks during times of war (such as Nazi looting of artworks); forgeries and problems of authenticity in the art market; the major players in the art market, including dealers and collectors; the inner workings of art auctions and the legal rights and duties of art auctioneers and art dealers; the legal structure of art museums, including some issues of internal management and governance, and some tax issues relating to gifts to museums; some tax and IP issues relating to the commercialization of museum collections (e.g. merchandizing, corporate sponsorship; use of facilities); and some First Amendment issues relating to visual art. Students can opt to write one long paper, which meets the writing requirement as a qualifying course paper, two shorter papers, or take an exam. Ms. Fischer
Bankruptcy (Day, 3 hrs.)
A complete study and review of all legal principles involved in seeking relief under the various chapters of the Bankruptcy Code, including the various relief chapters (chapters 7, 11, and 13), automatic stay litigation and concepts, property of the bankruptcy estate, secured, priority and unsecured claims, discharge and discharge ability issues, debtors’ rights and exemptions under both state law and the Bankruptcy Code, the powers of a trustee in bankruptcy, the question of priorities and conflicts between creditors, fraudulent transfers, and the jurisdiction and venue of the United States Bankruptcy Court. Students who have taken the Creditors’ and Debtors’ Rights course may not enroll for Bankruptcy. Prof. Miles, Judge Whelan.
Bar Preparation–Virginia (3 hrs.)
Open to graduating day and evening division students. This course will introduce students to the substantive knowledge, thought process, and writing skills needed for success on the Virginia Bar Exam. The learning methodology will be iterative, consisting of substantive lectures and materials followed by extensive practice-testing and analysis. The course will begin by reviewing the Multistate Bar Examination (MBE) subjects; the majority of the course will then provide detailed coverage of heavily-tested Essay Examination subjects. Practice-testing will use actual MBE and Essay Examination questions, and all substantive materials are written by the instructor specifically for this course. Students will be able to quantify their progress during the semester, both individually and relative to their peers. All students will also meet individually with the instructor to discuss their progress and specific steps they can take to maximize their odds on the Bar Exam. Grading is Pass/Fail based on timely and complete submission of assignments. Students will be expected to complete weekly assignments. This course, particularly the weeks devoted to the Essay Examination, will be intensive and fast-paced; students are advised to plan their time accordingly. Regular and punctual attendance at class meetings or equivalent course exercises is a condition of receiving credit in all courses. If a student misses more than two hours of coursework for each credit hour assigned to the course, the instructor may direct the Dean's office to exclude the student from the course. Credit is not granted for both this course and Bar Preparation–Maryland and other jurisdictions. Mr. Flinn
Bar Preparation–Maryland (3 hrs.)
Open to graduating day and evening division students. This course will introduce students to the substantive knowledge, thought process, and writing skills needed for success on the Maryland Bar Exam. The learning methodology will be iterative, consisting of substantive lectures and materials followed by extensive practice-testing and analysis. The course will begin by reviewing the Multistate Bar Examination (MBE) subjects, and then will introduce the Multistate Performance Test (MPT); the second half of the course will provide detailed coverage of heavily-tested Essay Examination subjects. Practice-testing will use actual MBE, MPT, and Essay Examination questions, and all substantive materials are written by the instructor specifically for this course. Students will be able to quantify their progress during the semester, both individually and relative to their peers. All students will also meet individually with the instructor to discuss their progress and specific steps they can take to maximize their odds on the Bar Exam. Grading is Pass/Fail based on timely and complete submission of assignments. Students will be expected to complete weekly assignments. This course, particularly the weeks devoted to the Essay Examination, will be intensive and fast-paced; students are advised to plan their time accordingly. Regular and punctual attendance at class meetings or equivalent course exercises is a condition of receiving credit in all courses. If a student misses more than two hours of coursework for each credit hour assigned to the course, the instructor may direct the Dean's office to exclude the student from the course. Credit is not granted for both this course and Bar Preparation–Virginia. Mr. Flinn
Becoming a Communications Lawyer (2 hrs.)
This externship seminar is similar to Becoming a Lawyer, except that students' field placements are in communications law and class discussion focuses on issues that relate to the practice of communications law. Students in the Communications Law Institute should take this course to fulfill one of the externship requirements for the certificate. Students should enroll in “Legal Externship” while taking this course to receive credits for their fieldwork. Ms. Harold, Mr. Tramont.
Becoming an International Lawyer (1 hr.)
This externship seminar is similar to Becoming a Lawyer, except that students' field placements are in international law and class discussion focuses on issues that relate to the practice of international law. Students in the Comparative and International Law Institute should take this course to fulfill one of the externship requirements for the certificate. Students should enroll in “Legal Externship” while taking this course to receive credits for their fieldwork. Pass/fail option. Ms Feasley, Ms. Tekach.
Becoming a Lawyer (2 hrs.)
This two-credit, graded seminar is designed to assist the professional development of students doing externships for credit. It is required for students doing their first externships except for those enrolled in an equivalent externship seminar.
The seminar meets for two hours per week throughout the semester. Students must enroll in the seminar during the semester in which they are doing their fieldwork. The seminar includes reflective oral and written dialogue and readings designed to foster learning from the field experience and to advance the students’ professional development. Participants study various aspects of their own and others’ field experience, including the goals and operations of the organizations where they are working, the process and problems encountered in law practice and in the making and implementation of law, the professional conduct and roles of the lawyers with whom they work, ethical dilemmas that arise at the placements, and other topics. The course will expose students to a wide variety of legal organizations and substantive fields.
Students in Becoming a Lawyer complete several reflective writing assignments and each student writes a 10-page paper on a topic relating to his or her fieldwork. In addition, each student does a presentation in class on a topic relating to the fieldwork. Some classes may feature guest speakers who talk about their professional lives. Other classes may focus on discussions of field experience or cultivation of various professional skills. Participants in Becoming a Lawyer will be encouraged to articulate and to examine short and long-term professional goals and paths and to consider issues relating to professional identity and professional values.
This course is offered on a graded basis, but credits for fieldwork (obtained by registering for “Legal Externship”) are awarded on a pass-fail basis. Mr. Danzig, Judge Jordan, Mr. Jordan, Mr. Singer. Mr Zachem
Becoming a Public Policy Lawyer (2 hrs.)
Students taking this course should register for two or three credits of fieldwork under the course titled “Legal Externships” or they should enroll in one of the CUA clinical courses.
This course is required for second-year students in the Law and Public Policy Program and is open to other students if space is available. In consultation with the instructor, each student selects either a live-client clinical course or a field placement at which to do uncompensated legal work under the supervision of an attorney at a nonprofit organization, a government office (executive, legislative, or judicial branch of federal, state, or local government), a law firm, or a corporation. Placements and clinical courses should involve the students in the development or implementation of law and/or public policy, and must be approved by the instructor. Students enrolled in externships receive one credit for each 60 hours of fieldwork. Students are encouraged to complete three hours of fieldwork credit but may elect to complete only two fieldwork credits. For additional information about the externship program, refer to the description of "Legal Externships
This two-credit seminar will include reflective oral and written dialogue and readings designed to foster learning from the field and clinical experiences, to advance the students’ professional development and to allow discussion of a range of public policy issues. Participants study various aspects of their own and others’ field experience, including the goals and operations of the organizations where they are working, the process and problems encountered in the making or implementation of law or policy, the professional conduct and roles of the lawyers with whom they work, and other topics. The course will expose students to a wide variety of legal organizations and substantive fields. The course is designed to assist students in identifying professional goals and paths through which they might pursue those goals. The seminar is graded; fieldwork credit is awarded on a pass-fail basis. Mr. Halloran.
Becoming a Securities Lawyer (1 hr.)
This externship seminar is similar to Becoming a Lawyer, except that students' field placements are in securities law and class discussion focuses on issues that relate to the practice of securities law. Students in the Securities Law Program should take this course to fulfill one of the externship requirements for the certificate. Students should enroll in “Legal Externship” while taking this course to receive credits for their fieldwork. Students enrolled in the SEC Observer Program need not enroll in this seminar during their participation in the SEC program. Offered in the spring semester. Pass/fail. Mr. Southerling.
Civil Procedure (5 hrs.)
This course introduces students to the judicial system and the basic problems and concepts involved in the adjudication of civil cases. The litigation process from jurisdiction through appellate review is covered. Topics include jurisdiction, pleadings, pretrial motions, discovery, pretrial conferences, jury trial, post-trial motions, finality of judgments, and appellate review. Exercises that emphasize the skills and values of civil litigation are integrated throughout the course to contextualize the doctrinal material and enhance student learning. Prof. Kelly, Prof. La Belle, Prof. Malveaux, Prof. Ogilvy.
Civil Rights Law (3 hrs.)
This course surveys civil rights law. The students study constitutional litigation brought under Section 1983 to enforce the 4th, 8th, and 14th Amendments, specifically exploring prisoners’ rights, police abuse, and substantive Due Process claims. The students also examine other Reconstruction Era civil rights statutes (Sections 1981 and 1982), and modern federal statutes prohibiting discrimination, including Title VI and Title VII. The students address cutting-edge civil rights issues, such as affirmative action, sexual harassment, and racial identity. The course explores interpretive and strategic challenges that arise in civil rights litigation. Prof. Malveaux.
Columbus Community Legal Services: Advocacy
for the Elderly (3, 4, 5, or 6 hrs.) — opt. PP
Advocacy for the Elderly provides evening-division students with a unique opportunity to engage in the direct delivery of legal services. Students carry an individual caseload closely supervised by a clinical professor. Through direct delivery of legal services, students gain experience in practical trial techniques, refine research and writing skills, and develop important lawyering competencies such as negotiation, fact investigation, and case management. In addition to maintaining a caseload, students attend weekly classes and case reviews. The classroom component focuses on developing lawyering competencies and knowledge of relevant substantive areas of law.
The classroom component and client meetings are scheduled at night. Some flexibility in scheduling and daytime accessibility is necessary. Graded with a pass/fail option with permission of the professor. Enrollment is limited. Students who have completed 41 credit hours, including Civil Procedure, Criminal Procedure: The Investigative Process, and Evidence, may qualify to appear in court under the District of Columbia Student Practice Rule. Evening-division students are given preference in enrollment. A student may request to do a qualifying portfolio paper that fulfills a portion of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. McGonnigal.
Columbus Community Legal Services: Consumer Protection Project (4, 5 or 6 hrs.) — opt. PP
The goal of the Consumer Protection Project (CPP) is to equip Montgomery County, Prince George's County, and the District of Columbia at-risk consumers who may not be able to afford or access individual legal representation with the information and advice they need to protect their legal rights, avoid exploitation, and prevent legal disputes from erupting. Through a weekly seminar, community legal education outreach, and direct client representation, students involved in this course will engage in such activities as conducting limited advice clinics for Maryland and District of Columbia residents; develop and conduct "know your rights" outreach programs for Maryland and District of Columbia residents; provide low-income Maryland and District of Columbia residents with direct case representation before courts and agencies in Maryland and in the District of Columbia; provide closely supervised courtroom experience on behalf of Maryland and District of Columbia residents; receive practical instruction on federal, Maryland, and District of Columbia law and procedure; and obtain opportunities for providing pro bono services to needy individuals in Maryland and the District of Columbia.
CPP cases and outreach efforts focus primarily on fair debt collection activities; debt collection actions; fair credit reporting requirements; wrongful repossessions; home repair scams; credit scams; bankruptcy; and identity theft. The four credit option requires students to commit 13 hours per week to the project and the five credit option requires students to commit 17 hours per week to the project; the time commitment includes the weekly seminar for both credit options. The course is open to all second- and third-year students and there are no course prerequisites. Prof. Kurth.
Columbus Community Legal Services: Families and the Law Clinic (6 hrs.; optional 3 hrs. for continuing students) — opt. PP
The Families and the Law Clinic is designed to help students develop lawyering skills while focusing on a particular area of practice: domestic violence, family law, or immigration law. Whether a student is interested in family law issues or another area of law, the Families and the Law Clinic gives individualized instruction in and exposure to many aspects of legal practice that will be useful for future practice in a wide variety of fields. Among the skills developed in the clinic are oral argument, trial advocacy, legal interviewing, witness preparation, client counseling, case preparation, fact investigation, drafting motions and pleadings, and discovery practice.
Students will assist victims of domestic violence in obtaining temporary and permanent restraining orders in D.C. Superior Court. Students may also represent clients in general domestic relations litigation. Cases can address issues such as divorce, custody, visitation, property distribution, and child support. All cases involve emergency protective orders. In addition to individual case representation, each student will work on a community legal education project during the course of the semester. Some of the projects include working at a shelter for domestic violence victims, providing limited legal assistance at the Superior Court's Self-Help Center, and helping negotiate settlements of domestic relations cases in Superior Court.
Students are expected to spend 20 hours per week working at the clinic. Three of the hours will be spent attending a weekly seminar class that focuses on skill building, professional responsibility, substantive domestic violence and domestic relations law, and case rounds. Faculty members meet with students on a weekly basis. Faculty and peers provide critiques for students after simulations and after live client counseling and oral advocacy opportunities.
Enrollment for three credit hours is limited to students who have satisfactorily completed a minimum of six credits of FALC in a prior semester, and requires prior approval by FALC professors. This course is graded, with a pass/fail option with permission of the course professors. A student may request to do a qualifying portfolio paper that fulfills a portion of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Klein, Prof. Martin.
Columbus Community Legal Services: The General Practice Clinic (6, 7, or 13 hrs.; optional 3 hrs., continuing students) — opt. PP
This clinical program provides students with the opportunity to experience the general practice of law. Students handle the legal problems of low-income residents of the District of Columbia. The caseload of the clinic consists primarily of SSI/public benefits; and consumer, employment, housing, wills, and family law matters. These cases offer the full range of client representation before administrative agencies on the local and federal levels and the courts of the District of Columbia. Interns eligible for certification under the Student Practice Rule may have the opportunity to present their clients’ cases in court. The program is designed to give students the opportunity to develop skills in time and office management, interviewing, counseling, negotiating, drafting, motions practice, trial techniques, and reflective lawyering.
In addition to the clinical work, a three-hour seminar is conducted once a week. The seminar includes participatory exercises in interviewing, counseling, negotiations, and selected aspects of trial techniques; and structured discussions of ethical considerations, recent common law and statutory development, and general case discussion.
Students enrolled for six credits are expected to spend a minimum of 20 hours weekly on clinic work. Students may also enroll for seven or 13 credits, but only with the prior approval of professors Brustin, Mullen, and Scully. Enrollment for 13 credits requires a minimum commitment of 40 hours weekly. Enrollment for three hours is limited to students who have satisfactorily completed a minimum of six credits of CCLS: General Practice Clinic, and requires prior approval of professors. The course is graded, with a pass/fail option, with permission of the course professors. A student may request to do a qualifying portfolio paper that fulfills a portion of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Brustin, Prof. Mullen, Prof. Scully.
Commercial Transactions (4 hrs.)
In a transactional approach, the course treats the creation and effect of financing arrangements and other secured transactions in personal property; the rights of third parties claiming interests in the collateral; and the use of checks, notes, and electronic payment techniques. The course combines materials traditionally taught in separate courses on negotiable instruments and secured transactions. Principal emphasis is the Uniform Commercial Code as the prevailing commercial legislation, but the impact of the common law, the Bankruptcy Act, and other pertinent authority also is considered throughout. Prof. Miles, Prof. Schooner.
Comparative and International Trade (Day, 3 hrs.; Eve., 2 hrs.)
This course examines the major issues of international trade and its regulation at the national and international level. The focus is on the U.S. trade laws, including the tariff system and customs laws, the safeguard provisions, antidumping and countervailing duty remedies, and retaliatory measures. Attendant issues such as the distribution of powers to regulate international trade, the delegation doctrine, and judicial review of regulating agencies are also examined. The international regulatory framework — principally, the General Agreement on Tariffs and Trade and the World Trade Organization — are examined in some detail, with a focus on the fundamental rule of nondiscrimination, the resolution of disputes through the dispute settlement system, and the relationship between international agreements and the United States law. Finally, the course also examines specialized topics including free trade areas and customs unions, treatment of nonmarket/transitional economies, developing countries, and international trade in service. Dr. Chorosnicki, Prof. Ludwikowski.
Comparative European Legal History:
Roman Law and the Ius commune
This course surveys European legal history from Roman law to the Renaissance of Rome as part of the Ius commune in the 11th and 12th centuries. The purpose of the course is to introduce two of the great legal traditions of the Western European tradition: Roman law and the Ius commune. The course begins with an examination of Justinian’s Corpus iuris civilis in the sixth century AD. It explores the main areas of Roman family law, torts, contracts, and property law. After establishing the broad outline of Roman legal concepts, the course will explore the revival of Roman law in Italy at the end of the 11th century, and its adoption by the law schools of Europe, and its integration into the Ius commune. This part of the course describes how the jurists of the 12th to the eighteenth centuries used principles, norms, categories, and concepts of Roman law and applied them to every European legal system. A fuller description of this course, as well as the syllabus and reading materials can be found online at: http://faculty.cua.edu/pennington/Law508/Law508.html
. Prof. Pennington.
Comparative Law (3 hrs.) — opt. QP
The purpose of this course is to provide the student with knowledge about the basic legal systems in the world. Special emphasis will be given throughout the course to legal systems in Great Britain, France, Germany, and the countries of the former Soviet bloc. The course begins with discussion of legal education and the legal professions in these countries. The basic principles of British, French, and German constitutional law are studied to provide the political background necessary to compare these legal systems. The course also examines judicial structures and court organization, as well as key principles of criminal and civil procedures. Prof. Ludwikowski, Prof. Watson.
Complex Litigation (3 hrs.)
This advanced course offers an in-depth examination of procedural problems involved in multiparty, multiclaim litigation in federal and state court. The course focuses extensively on class action practice, criteria, and litigation strategy. The course covers the disposition of duplicative litigation, problems peculiar to large case discovery, judicial control of litigation, and res judicata and collateral estoppel involved in multiparty, multiclaim litigation. The course also explores alternatives to the class action device. Please view the registration website for an updated course description for a given semester. This is an EXAM course. Prof. Malveaux.
Compliance and Corporate Responsibility (2hrs)
In this course, students will study the field of corporate compliance, including pertinent statutory principles and law enforcement initiatives, the creation and implementation of compliance programs, the development of related ethics policies and codes of conduct, and attendant professional responsibility issues. Students will also explore a variety of perspectives on holding business corporations and other entities legally and ethically accountable, including emerging norms of corporate responsibility and new forms of social enterprise. Prof. Duggin, Mr. Lacovara.
Conflict of Laws (3 hrs.)
The course introduces students to the problems arising when clients are confronted with private law matters having multistate or multinational elements. The course emphasizes the traditional concerns of conflicts of law, jurisdiction of courts, choice of law, and the recognition and enforcement of judgments. Prof. Destro, Mr. Goldman, Prof. Perez.
Constitutional Law I (3 hrs.)
Con. Law I introduces students to the study of the powers of the three branches of the federal government, as well as the balance of power between the federal government and states. The course addresses the basis for, various aspects of, and limits on the federal judicial power with respect to judicial review, justiciability doctrines, and sovereign immunity, including the Eleventh Amendment. Federal legislative powers studied include the commerce power, the taxing and spending power, and congressional enforcement powers under the Civil Rights Amendments. The study of federal executive power explores express and inherent presidential powers and limits on these, including the appointment and removal powers, executive privilege and immunity, foreign policy, war powers, and controversies over the scope of executive powers. The study of federalism encompasses the relation of federal and state governments in a federal system including intergovernmental immunities, the negative implications of the Commerce Clause, the Supremacy Clause, the Article IV Privileges and Immunities clause and preemption. Prof. Duggin, Prof. Fischer, Prof. Hartley, Prof. Rienzi, Prof. Wagner.
Constitutional Law II (3 hrs.)
Con. Law II focuses on the study of individual liberties and civil rights guaranteed by the Constitution. The course considers the Bill of Rights, the Civil Rights Amendments, other textual provisions safeguarding individual rights, and unenumerated rights protected by the Constitution. Students will study the incorporation of the Bill of Rights with respect to the states and consider the extent to which the rights protected by the Constitution apply to private actions deemed to constitute government conduct under the state action doctrine. Individual rights studied include freedom of speech, press and religion under the First Amendment; rights guaranteed by various clauses of the Fifth and Fourteenth Amendments, including due process (both procedural and substantive), equal protection, and the Fourteenth Amendment Privileges or Immunities clause; as well as rights protected by the Contracts and Takings Clauses. Prof. Duggin, Prof. Fischer, Prof. Hartley, Prof. Rienzi, Prof. Wagner.
Contracts (6 hrs.)
A study of the fundamental principles of contract law, as expressed in the common law, Article Two of the Uniform Commercial Code, and the Convention on Contracts for the International Sale of Goods. Topics include: formation; defenses to enforceability; parol evidence; performance, breach, and discharge; remedies; and third party rights. The course incorporates exercises designed to teach practical skills relevant to the course doctrine, including negotiating and drafting. In addition, the course is designed to teach analysis of common law and statutes and the application of law to factual situations. Prof. Perez, Prof. Schooner, Prof. Watson, Prof. Winston.
Copyright Law (3 hrs.)
This course covers the nature and subject matter of copyright, including literary, artistic, and musical works; computer software; and motion pictures; how copyrights are acquired, licensed, and enforced; the fair-use privilege and other limitations on the copyright owner’s rights; and principles of international protection. Prof. Fischer. Mr. Bain
Corporate Finance Seminar (2 hrs.)
The course examines the major financial and structural changes that an on-going corporation might experience. Topics that explored include valuation methods, leverage finance, debt instruments, share repurchase tactics, merger techniques, going-private transactions, hostile and friendly tender-offers, recapitalizations, acquisitions, and spin-offs. These subjects will be analyzed in terms of their corporate and securities law implications, as well as for related economic and policy concerns. Corporations required. A previous or contemporaneous course in securities is recommended. A good understanding of business can serve as a substitute. Limited enrollment. Prof. Lipton.
The course entails the study of the fundamental principles in the fields of agency, unincorporated businesses, corporations, and securities regulation, examined in relation to the functioning of the corporate enterprise. Both publicly owned and closely held corporations are considered, with detailed consideration of basic formation, issues of governance, and shareholder rights, as well as additional attention to more advanced areas relating to conflicts of corporate control, questions of corporate responsibility, and shareholder input in corporate decision making, and federal regulation of capital formation and investor interests. Prof. Duggin, Prof. Goldman, Prof. Lipton, Prof. Schooner, Mr. Wyrsch.
Criminal Defense Clinic (4 hrs.)
The Criminal Defense Clinic is a four credit, one semester course that provides eligible students with a rigorous and intensive exposure to criminal defense practice through a combination of actual trial practice and classroom work. Students are assigned to work at the Public Defenders Office in Arlington County, Virginia, where they represent, in district court, individuals accused of crimes. After a short orientation, students are given a docket of cases for which they are responsible. Under the supervision of an assistant public defender, the students engage in plea bargain negotiations and criminal representation to the court. In addition, students have many opportunities to evaluate different styles of lawyering by watching criminal trials in action. To supplement and refine their practice experience, students attend a weekly class in which they discuss pending cases, what they have encountered in court, as well as substantive trial practice issues. Students must be eligible for certification under the Virginia Third Year Student Rule. Mr. Foley.
Criminal Law (3 hrs.)
The course covers the elements of criminal conduct in general and of specific crimes, which may include rape, the various forms of homicide, drug and theft offenses, anticipatory offenses, group criminality, and both common law and statutory defenses including insanity, provocation, and duress. Prof. Drinan, Prof. Fishman, Prof. Leary, Mr. Zachem.
Criminal Procedure: The Investigative Process (3 hrs.)
All sections of the course focus primarily on issues of constitutional criminal procedure relating to the Fourth Amendment (search and
seizure), Fifth Amendment (custodial interrogations), and Sixth Amendment (interrogation and identification), and also include an examination of the defense of entrapment. Professor Fishman’s section also covers the grand jury, the rules governing subpoenas for testimony, exemplars and documents, and the obligations and responsibilities a defense attorney has when he or she discovers evidence tending to incriminate the defendant. Prof. Drinan, Prof. Fishman, Prof. Leary, Mr. Zachem.
Criminal Procedure: The Post-Investigative Process (3 hrs.)
This elective course is recommended as an adjunct to Criminal Procedure: The Investigative Process. Whereas Criminal Procedure: The Investigative Process focuses on constitutional criminal procedure with primary emphasis on Fourth, Fifth, and Sixth Amendment issues, this course provides an in-depth examination of procedural problems in criminal litigation. Topics covered may include right to counsel at trial, on appeal, and in collateral proceedings; the right to court-appointed experts, transcripts, and other aids; the plea-bargaining process; discovery obligations in general and reciprocal discovery in criminal cases; notice requirements for the insanity and alibi defenses; joinder and severance of counts and defendants; trial rights such as right to jury trial, right to speedy trial, peremptory challenges and the challenge for cause; the right to jury instructions on elements of the crime, defenses and theory of the case, etc.; proof issues such as burden of production and persuasion; and ethical issues in the prosecution and defense of criminal cases. It is suggested that this course be taken by those students intending to pursue a career in criminal litigation, either as a prosecutor or as a defense attorney. Prof. Leary, Mr. Zachem.
Criminal Prosecution Clinic (4 hrs.)
This clinical program is designed to promote acquisition or improvement of basic lawyering skills essential to effective criminal practice in a prosecution setting, including familiarity with certain substantive legal principles, courtroom skills, the ability to learn from practical legal experience, the enhancement of problem solving capabilities in a legal context, the recognition and principled resolution of ethical dilemmas arising in a criminal prosecution practice, and the development of an independent, critical perspective on the functioning of the criminal justice system. Students work with assistant state attorneys to prepare and try criminal cases in a state criminal court. Students are expected to devote 16 hours each week to the prosecutor’s office. A weekly, two-hour seminar also is required. The seminar is designed to prepare students to work effectively and ethically in the prosecutor’s office.
All students enrolled in the Criminal Prosecution Clinic must be eligible to be certified under the applicable student practice rule of the jurisdiction in which they will appear. To be certified under Maryland Rule 16, students must have completed 28 law school credits and must certify that they have read and are familiar with the Maryland Lawyers' Rules of Professional Conduct and the relevant Maryland Rules of Procedure. The Prince George’s County State’s Attorney’s Office accepts students for this program in both fall and spring. The Montgomery County State’s Attorney’s Office accepts students only for the spring semester. The number of students accepted depends on the number of positions available at the relevant offices. Priority is given first to applicants who have applied to participate in a previous semester. Second priority is given to third year students. To apply to participate in this clinic, students should submit the application, available at: http://www.law.edu/res/docs/clinics/cle/criminalprosecution.pdf
to Professor Mary Leary, Director of Experiential Education. Grading is pass/fail. Ms. Chase, Mr. Glynn.
Cyberlaw (2 hrs.)
This course focuses on law and policy relating to network security, privacy, cybercrime, and copyright enforcement issues arising from file sharing, circumvention software and other new digital technologies. No prerequisites and no technological or engineering knowledge is expected or required. Prof. Fischer, Mr. Savage.
Directed Research (2 hrs.)
This course offers students the opportunity to conduct original, in-depth legal research and produce a quality, written analysis in an area of special interest under the close supervision of a faculty member. The course will fulfill one of the two upper-class writing requirements if the student achieves a final grade of at least a B-. A faculty member who agrees to serve as the student’s supervising instructor will provide guidance and feedback throughout the research and writing process. The student’s final grade will reflect the supervising instructor’s evaluation of the quality of the student’s legal research and legal analysis, as well as the quality of his/her legal writing. Although the page number requirement is left to the supervising instructor's discretion, it is unlikely that a paper of acceptable quality could be completed in fewer than 40 pages. To register, a student must submit a statement of topic, signed by the supervising instructor, that describes the proposed research topic and establishes the tentative research and writing schedule. The signed statement of topic must be submitted to the Office of the Academic Dean before the end of the add/drop period for the semester. (See Academic Rule XIII). Faculty.
The integrity of our system of electing public officials is one of the cornerstones of American democracy. At least since the year-2000 presidential election, we have been aware of the important role of the law in the election process. A number of recent decisions of the United States Supreme Court have dealt with elections, most notably Bush v. Gore, and many legal issues relating to the November 2006 election are currently under consideration by the courts. Among the topics explored in this course are the operation of the Electoral College in the selection of the president, political gerrymandering, recent developments under the Voting Rights Act of 1965 and the Equal Protection Clause of the United States Constitutional, and the role of the political parties, including third parties, in the election system. Prof. Mintz.
Entertainment Law (2 hrs.)
This course emphasizes specialized contract law for the entertainment industry, including the role of attorneys, agents, and managers in the negotiation of recording, management, publishing, and performance agreements. The course addresses the substantive law of the entertainment industry, as well as a practical approach to the representation of clients involved in various fields of entertainment. Prof. Fischer
Environmental Law (3 hrs.)
– E or QP. This course will consider federal statutes and regulations that are designed to improve the quality of our environment, e.g., Federal Water Pollution Control Act, Clean Air Act, National Environmental Policy Act, Comprehensive Environmental Response, Compensation and Liability Act, and Resource Conservation and Recovery Act, etc. A basic understanding of the statutory schemes will be complemented by theoretical and policy analysis. Discussion of relevant administrative law principles will be incorporated throughout the course. If the instructor allows papers in lieu of examinations, this course may include a qualifying course paper that fulfills one half of the upper level writing requirement. Refer to Academic Rule X — Writing Requirement and Directed Research. Ms. Dunn, Judge Hill, Prof. Silecchia, Prof. Smith
ERISA: The Labor Management Perspective (3 hrs.)
This course focuses on pension and welfare benefit plans that are created as result of a collective bargaining relationship between a labor union and one or more employers. It concentrates on the Employee Retirement Income Security Act, “ERISA”, which is the primary statute governing the operation of private employee benefit plans. Topics covered include rules governing participation in employee benefit plans, establishing entitlement to benefits, investment of plan assets, interplay between the collective bargaining relationship and the provision of employee benefits, considering benefit claims and appeals, and employee benefits litigation. Particular emphasis is placed on compliance with the fiduciary obligations ERISA imposes on employee benefit plan trustees, as well as on the role and responsibility of attorneys representing employee benefit plans. In addition to a final exam, the course requires either a brief research paper or an in-class presentation. Mr. Leary.
ERISA: Pensions (Tax Policy) (2 hrs.)
This course examines federal tax policy aimed at increasing the adequacy of retirement savings. The course surveys the tax provisions of ERISA and provides an in-depth examination of the fundamental policy considerations these provisions reflect as they relate to qualified plans. The material covered in this course complements the material covered in ERISA: Pensions (Taxation), but completion of that course is not a requirement. Prerequisite: None (Federal Income Taxation recommended). Prof. Jefferson.
Estate Planning (2 hrs.) — req. PP
An advanced course that attempts to integrate in a meaningful way the principles of property law and tax law as they apply to the accumulation and disposition of wealth. Revocable and irrevocable trusts, wills, interspousal lifetime and death transfers, life insurance, charitable planning, and estate planning for owners of incorporated and unincorporated businesses are examined in detail. Special attention is given to practical problems that arise in the estate planning process, such as efficient use of the unlimited marital deduction, planning for generation-skipping transfers, and structuring a beneficiary’s inheritance. An examination of various methods of transmitting wealth is undertaken with an emphasis on planning for the most efficient and economical disposition of property in view of the tax and property consequences of the various alternatives. This course requires a qualifying portfolio paper that fulfills a portion of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Drafting skills are developed; the major project for each student is to draft a will and revocable trust agreement. No examination is given. Enrollment limited to 15 students. Prerequisites: Trusts and Estates and Federal Taxation of Wealth Transfers, or permission of the instructor.
This course covers basic rules governing presentation of evidence at trial including procedural matters (objections, offers of proof), relevancy, character evidence, examination and impeachment of witnesses, opinion evidence, hearsay, authentication, and the “original documents” rule. The course examines the comparative roles of counsel, judge and jury. It may also include coverage of judicial notice, burdens of proof, and presumptions. It also explores the tactical decisions and ethical dilemmas a trial attorney is likely to confront. Prof. Barracato, Prof. Fishman, Prof. Rienzi.
Fair Employment Law (2 hrs.)
This course is designed to give the student a basic introduction to the statutes and theories governing employment discrimination. The course explores the historical context in which the primary employment discrimination statute, Title VII of the Civil Rights Act of 1964, was enacted, and the policy bases behind it and other anti-discrimination laws. The course covers the three major theoretical approaches in the law against employment discrimination: individual disparate treatment; systemic disparate treatment; and disparate impact. The course also focuses on some of the unique practical and legal challenges of protecting persons from employment discrimination based on various protected classes. Mr. Jeffrey, Prof. Malveaux.
Family Law (3 hrs.)
This course will provide an overview of some of the central legal and policy issues that arise in family law. The course will cover the law that governs marriage, nonmarital relationships, divorce, custody, visitation, child and spousal support obligations, division of marital property in the context of state, federal, and constitutional standards. The course may cover other related topics such as adoption and domestic violence. The course will explore cultural and historical perspectives that help to explain how the legal rules have evolved and continue to evolve. Students will be encouraged to think critically about the problems that are sought to be addressed in family law and to be able to evaluate where the legal system succeeds and fails in addressing these problems. Prof. Lerman, Rev. O’Brien.
Federal Courts (3 hrs.)
The course examines the nature of the federal judicial function, explores in depth an aspect of federal-state relationships — the dual court system — that is a particular concern and responsibility of lawyers, and provides the opportunity for systematic thought about a series of problems important to an understanding of our constitutional system. Among the topics that may be considered are historical development of the federal court system, congressional power to regulate the jurisdiction of federal courts, standing as it affects judicial power, political questions, the meaning of “arising under” jurisdiction, actions claiming constitutional protection against official state action, the original and removal jurisdiction of the district courts, and the original jurisdiction of the Supreme Court. Prof. Hartley.
Federal Criminal Litigation (2 hrs.)
The goal of this course is to familiarize students with the theoretical and practical concerns of federal criminal litigation from both prosecution and defense perspectives. The course deals with the law, theory, ethical considerations, and tactical concerns that relate to criminal practice in federal court from the pre-indictment phase through plea negotiations or trial and appeal. Lectures, class discussions, and reading materials focus on the general analytical framework for prosecuting and defending a federal criminal case. This is not a trial techniques course. It is concerned with the law, ethics, and strategy behind the techniques. Mr. Chamble, Ms. Wilkinson.
Federal Income Taxation (4 hrs.)
This course is an analysis of the federal income tax law as it applies to the individual taxpayer. The course will focus on the Internal Revenue Code of 1986, as amended to date, as well as considerations of tax policy. Taxation of business associations will not be treated in this course. Prof. Colinvaux, Prof. Jefferson.
Federal Regulation of Food and Drugs (2 hrs.)
This course explores the Food and Drug Administration’s development of regulatory controls in response to Congress’ legislative enactments regarding the safety of food and the safety and effectiveness of drugs. Coursework entails an analysis of FDA’s enforcement tools; the agency’s substantive regulatory authority over foods, drugs, and selected regulated commodities; and the agency’s creative use of its legislative authority to develop regulatory mechanisms for the protection of the public health. While focusing on substantive food and drug law, the course also scrutinizes the operation and problems an administrative agency faces in dealing with sometimes conflicting legal, scientific, and policy concerns regarding a given issue. To this end, the course focuses on FDA’s efforts to establish safe levels for added carcinogens in food, to ensure the safety of foods produced by recombinant DNA technology, to improve the public health by comprehensive food labeling reform, and to establish the safety and effectiveness of pharmaceuticals in an ethical and timely manner. This course is highly recommended for persons interested in the regulatory process and in the practical aspects of administrative law. Mr. Mailhot.
Federal Taxation of Wealth Transfers (3 hrs.)
Tax problems and consequences of gratuitous transfers of wealth
during one's lifetime and at death are considered in this course. The law of estate, gift, and generation-skipping taxation is critically examined as it applies to outright gifts, trusts, life insurance, joint property, and future interests and powers. Considerable emphasis is given to transfer tax planning and implementing lifetime and testamentary dispositive arrangements. Particular attention is given to the attorney’s role in advising clients concerning alternative means for the gratuitous disposition of property. Prerequisite: Trusts and Estates or permission of instructor.
Financial Institutions Regulation (3 hrs.) This course examines regulation that is intended to prevent systemic risk. Systemic risk is defined in a very general sense as the risk of a collapse of the entire financial system or an entire market. Regulation that addresses systemic risk is called “prudential regulation.” This course examines the traditional prudential regulation of commercial banks (often called “micro-prudential regulation”) and more recent forms of “macro-prudential” regulation of systemically important financial institutions. Specific topics include: licensing and corporate governance; restrictions on ownership and affiliation; capital regulation; limits on risk taking; insolvency and resolution; and institutional structures of regulation. The course focuses on federal law and includes consideration of international standards developed by the Basel Committee on Banking Supervision and other international organizations. Prof. Schooner
First Amendment Problems of the Media (2 hrs.) — req. QP
This Communications Law Institute course considers the general issue of the extent to which the First Amendment Press Clause affords protection of the communications industry in the gathering and dissemination of news and information. Specific subject matter covered includes competing theories of First Amendment Press Clause, libel, invasion of privacy, the censorship and punishment of obscenity and indecency, restrictions on the reporting of matters affecting national security and foreign relations, reporter access to persons and places, constitutional privileges for news persons not to divulge confidential sources and information, free press-fair trial issues, judicial secrecy, the “fair use” defense to copyright infringement actions and a multitude of issues spawned by modern telecommunications and the Internet. This course requires a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research.The grade for this course is based primarily on the student research paper. Enrollment is limited to 25 students. Mr. Klitzman, Mr. Waldron.
Foreign Affairs and the Constitution (3 hrs.)
This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the preemption of state foreign relations activities, the power to declare and conduct war, the presumption (if any) against extra territoriality extradition and extraterritorial abduction and the political question and other doctrines regulating judicial review in foreign relations cases. Among the statutes discussed are the Alien Torts Statute, the Torture Victims Protection Act, the Foreign Sovereign Immunity Act (FSIA), the War Powers Resolution and the Authorization for the Use of Military Force. Students will note a number of short papers which will assist students in improving their legal analysis and in application of doctrine. The papers in the aggregate should fulfill the “qualifying course paper” portion of the writing requirement. Students who wish to write a single extensive qualifying course paper can do so with prior arrangement of the professor. It is advisable to have taken a constitutional law course that has included study of the structural constitution. Prof. Breger.
Gender, Law & Policy (2 hrs.) - req. PP
This seminar examines the development of the law and legal principles with regard to sex-based discrimination, in areas such as constitutional law, employment, and education. Issues may include the use of sex-based classifications, sex-segregated facilities, pornography and free speech, sex-based discrimination, disparate treatment and disparate impact theories, sexual harassment at work and in schools, “hostile” workplace environments, unequal pay for equal work, unequal access to educational resources, Title IX, “protective policies” that deny women jobs on the basis of reproductive capacity, the “Glass Ceiling”, and reproductive rights. Cases, statutes, and the U.S. Constitution, as well as articles and other reading materials are used to familiarize students with the laws against sex-based discrimination, how such laws evolved, how to use the laws, and what remains to be done to ensure women are treated as equal citizens under the law. Student in this course will complete an Applied Legal Writing Portfolio, which can be used toward the "practice oriented" upper-level writing requirement. Prof. Drinan.
Government Contracts (2 hrs.) E or QP or PP
This course analyzes the basic considerations in contracting with the United States federal government. The course examines the differences between contracting by private parties and government contracting. The course will cover contract formation and the procurement process (such as sealed bidding and competitive negotiation), the authority of government agents to contract, and problems that can arise during evaluation, source selection, and contract award. The Truth in Negotiations Act, defective pricing issues, and audit powers of the federal government is briefly discussed. The course covers problems of contract administration and performance, such as changes and constructive changes, delays and suspension of work, allowable costs, termination for default and for government convenience, inspection, warranties, acceptance, and small business and subcontracting. The course also will focus on remedies in United States government contracting, including the bid protest system of the federal government, actions in federal courts, the disputes procedure of the federal government, and extraordinary contractual relief. Issues relating to procurement fraud are briefly addressed. A session on procurement practices in the European Union is also offered for comparison. Mr. Flesch, Mr. Sky.
Health Care Fraud and Abuse (2 hrs.)
This course focuses on the various federal laws, both criminal and civil, and on regulations, which become the basis for prosecution and sanctions by federal enforcement authorities, and on the key cases and rulings relating to these provisions. Topics include false claims and anti-kickback statutes, “Stark” provisions, civil money penalties, exclusions, qui tam actions, investigations, and compliance programs. The final grade for this course will be based on an examination. Mr. Paddock.
Health Law (2 hours/ req. QP or 3 hrs./exam)
This course covers professional methodology (the “medical model” and the litigative process); compensation for professional fault (malpractice and other bases for claims); licensing, structure and performance of the medical professions and health-care organizations, and aspects of medical science and public policy. When taught in two hours, the course includes a qualifying paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. When taught in three hours, the course is exam only. Prof. Duggin, Prof. Smith.
History of Early American Law (2 hrs.)
This course covers the 17th-century English constitutional background; colonial legal order, law, and ideology in the early republic; federalist jurisprudence; development of antebellum contract, property, and negligence law; corporation law and the antebellum economic development; the law of slavery; and the sectional crisis of the 1850s. This is an exam course. Prof. Watson.
History of Modern American Law (2 hrs.)
The course considers 19th-century criminal and family law, foundations of modern labor law, origins of the regulatory state, development of modern tort and contract law, jurisprudential trends and the New Deal crisis, civil rights movement, recent constitutional developments, and interdisciplinary movements in law schools today. This is an exam course. Prof. Watson.
Human Trafficking Seminar (2 hrs.)
Trafficking in persons is a global human rights violation that constitutes a contemporary form of slavery. This course is designed to examine the various issues related to human trafficking, including forced labor, sex trafficking, bonded labor, debt bondage, involuntary servitude, forced child labor, child soldiers, child sex trafficking, organ trafficking, forced and early marriage, and domestic servitude. Other related practices, such as the sale of children for irregular inter-country adoption and the sale of wives through transnational marriages, will also be covered. The course is designed to expose students to a survey selection of contemporary issues related to the trafficking in persons and efforts to combat it on both the domestic and international levels. The course will analyze the laws of the United States as well as relevant international conventions and protocols. The American statutes reviewed consist of those addressing trafficking in human beings, including those related to alien smuggling, immigration, international aid, slavery, involuntary servitude, the transportation of a person in interstate or foreign commerce for the purpose of prostitution under the Mann Act, and the 2000 Trafficking Victims Protection Act, as amended in 2003, 2005, 2008, and 2013. The course will also cover the international trafficking prohibitions of the various international conventions including the Protocol to Prevent and Punish the Trafficking in Persons Especially Women and Children, the relevant portions of the UN Convention on Human Rights, and the UN Convention of the Rights of the Child, among many others. The course will emphasize the human rights based approach to trafficking in persons and the recognition of the trafficked person as a victim of a crime. The course will also inquire into the role of government corruption and organized crime in facilitating the crime of trafficking. Lastly, the course will examine practical obstacles and challenges to the implementation of U.S. laws. This will include national and international actors’ differing approaches to prevention and prosecution, enforcement challenges, and competing priorities. This course includes a qualifying course paper that fulfills one half of the upper-level writing requirement. Ms. Leary
Immigration Law and Policy (2 hrs.)
This course is a survey of immigration law and the policy implications both informing and resulting from the immigration field. The course will explore the constitutional limits of the federal immigration power as enunciated in the federal courts, and the different roles of the departments and federal agencies involved in the administration and enforcement of immigration law. It discusses the various categories of immigrant and nonimmigrant visas, as well as the procedures used for admission into the United States. In addition, the course reviews removal grounds and the procedures, including appellate practice, used in removing aliens from the United States. International and domestic law affecting refugees, asylum seekers, and torture victims is also discussed. Finally, the course provides an overview of employment verification requirements and the requirements of acquiring and losing citizenship. Administrative Law is a suggested, but not required, prerequisite. Mr Mooers.
Immigration Litigation Clinic (6 hrs., full year)
The Immigration Litigation Clinic (ILC) is a six-credit, year-long course that provides eligible students with intensive exposure to immigration litigation practice through a combination of actual trial practice and classroom work. Under the supervision of experienced immigration attorneys, ILC students represent noncitizens who have been placed in removal proceedings, assisting them in seeking relief from removal so they may remain in the United States, preserving family unity and keeping them safe from persecution and torture. ILC students work in teams of two, each of which is assigned a complex matter. They have full responsibility for every aspect of their cases, and the course culminates in the students’ representation of their clients before the Baltimore and Arlington Immigration Courts. Through this experience, students are able to refine writing and research skills, develop effective trial techniques and other lawyering skills, and learn what it is like to be a practicing attorney.
ILC students attend two classes per week, comprising of lecture, discussion, participatory exercises and simulations, and actual casework. While the seminar classes are held at the Columbus School of Law, students meet with their clients and work substantively on their cases at the Immigration Legal Services office of Catholic Charities of the Archdiocese of Washington. In addition to the class meetings, students are expected to meet regularly with their supervisors to discuss their casework.
The ILC accepts up to 10 second, third, and fourth year students who have already taken Immigration Law or who are enrolled in Immigration Law in the fall semester. Students earn six credits (three credits per semester) and must commit to approximately 20 hours of work per week. Students receive a mid-year evaluation at the end of the fall semester and a final grade at the end of the spring semester. In taking the ILC course, students may also satisfy the Portfolio Writing Requirement, Practical Skills, and Transition to Practice requirements. Ms. Collopy, Ms. Mendez
In-House Counsel (2 hrs.)
This graded course teaches students about the role of the “in-house” counsel in a variety of legal practice areas. Students will learn how the general counsel’s office is organized and the roles and responsibilities of the lawyers and other professionals in the legal department. Corporate departments that tend to be frequent clients of the legal department will be identified and the legal issues presented by those departments will be explained. Management of outside counsel by in-house counsel will be explained. Students will learn how lawyering inside the company differs from representing the company as a law firm lawyer. A paper of roughly 20-25 pages will be required. This course will be taught by Professor Steve Burkhart (Columbus School of Law, Class of 1989 and General Counsel, BIC Corporation), Professor Steve Goldman and various guest lecturers. Students will also have the opportunity to ask questions and seek advice from a panel of in-house practitioners. The following topics, related to the work of in-house counsel, will be examined: Structure of corporate legal departments, litigation management and insurance, associated entities (standard-making bodies, trade associations, professional associations), role of legal department in mergers and acquisitions, consistency of drafted documents, marketing and communications, capturing ideas into patents; using trademarks and copyrights, product safety and compliance, international law, information technology and employment law. Mr. Burkhart.
Innocence Project Clinic and Clemency Project (6 hrs. - full year) — opt. PP
Through direct service to incarcerated inmates convicted of serious crimes who maintain their actual innocence, students in the CUA Innocence Project Clinic and Clemency Project develop essential lawyering skills: oral and written communication, investigation, interviewing, counseling, negotiating, professional judgment, and creative problem solving. Students evaluate case histories — including review of trial transcripts, appellate briefs, medical reports, laboratory reports and other documents — and fully reinvestigate the events that led to the arrest and conviction of the inmate. Students also may interview prisoners, prosecutors, defense attorneys, and expert and lay witnesses during their investigations. If the investigation reveals a viable claim of innocence, the matter is referred to an outside cooperating attorney who will undertake representation of the inmate to prosecute the claim of innocence. Whenever possible, students from the CUA Innocence Project Clinic and Clemency Project are assigned to work with the cooperating attorney in prosecution of the inmate’s claim. Beginning in the Fall 2013 semester, the course work will also involve working on behalf of individuals seeking executive pardons or commutation of sentences.
In addition to working on claims of actual innocence on behalf of inmates, students in this clinic participate in a weekly seminar that examines the lawyering skills and processes necessary for investigating a claim of innocence; state and federal post-conviction procedures (e.g., motions for new trial based on new evidence, state collateral attack, federal habeas corpus, and clemency); the nature and uses of DNA and other scientific evidence; and problems in the criminal justice system that may contribute to convicting the innocent, such as ineffective assistance of counsel, prosecutorial misconduct, police misconduct, witness misidentification, false confessions, and tainted evidence. The students also may participate in research and writing projects on issues to reform the criminal justice system to reduce the frequency of wrongful convictions and to address the problems faced by exonerated inmates upon their release from prison and reintegration into free society.
Students earn six credits in this year-long clinic, three credits each semester. The written work in the clinic satisfies the requirements for the upper-level writing requirement portfolio credit, and participation in the clinic satisfies the upper-level skills course requirement. All credits are graded. Prof. Ogilvy, Mr. Sharifi.
Insurance Law for Litigators and Corporate Lawyers (2 hrs.)
Insurance is involved in most aspects of the law – from the biggest corporate merger or bet-the-company case through individual life decisions and estate planning. This course looks at the nature of risk and how businesses and individuals transfer it to insurers, and how insurance responds when that risk becomes a loss. Students will become familiar with the basic insurance contracts and insurance principles that they will likely encounter in their careers in other areas of the law, and will gain an understanding of how those principles can impact the clients they represent. Practical in-class exercises and case study will address how insurance affects decision making and outcomes in litigation, banking and finance, and other substantive areas of the law. Additionally, the structure, regulation and nature of the multi-trillion dollar insurance industry will be covered. Mr. Schreiner.
Intellectual Property Transactions (2 hrs.) — opt. PP
This limited-enrollment course is focused primarily on the analysis and drafting of documents related to transactions involving the transfer of interests in intellectual property, including patents, copyrights, trademarks, and know-how. Through the process of analyzing and drafting transactional documents, students are introduced to the relevant statutory and case law and become familiar with substantive legal principles related to title, express and implied licenses; license transfers; and assignments of rights in intellectual property. Students may also gain exposure to substantive areas of the law having significant impact on intellectual property rights, such as international law, antitrust, tax, and bankruptcy. The grade is based primarily on the final written work products produced by each student. At the discretion of the instructor, this course may include a qualifying portfolio paper that fulfills a portion of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prerequisite: Students must have taken at least one of the following: Introduction to Intellectual Property Law, Patent Law, Copyright Law, Trademark Law, or Trademarks and Unfair Competition.
Mr. Miner, Mr. Richman
After completing first-year courses, students may take graduate courses in other schools and departments of the university if the courses relate to the law. Students must obtain permission for each such course from the assistant dean for academic affairs of the law school. The requirements of the other school or department must also be satisfied. Bulletins of other departments of the university are available in the university’s Office of Enrollment Services.
International Business Transactions (3 hrs.) — req. QP
This course concentrates on private business transactions that cross national boundaries. After an examination of some basic international and comparative law principles, the course examines various
types of international commercial agreements such as joint ventures, contracts for the sale of goods, agency and distribution agreements, and franchises. In addition, the course includes some practical exercises in negotiating and drafting international business contracts, and examines methods of dispute resolution such as international commercial arbitration. Guest lecturers may address some specialized topics during the semester. This course requires a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. The final grade is based on a contract-drafting exercise. Prof. Perez.
International Criminal Law (2 hrs.)
This focus of this course is the international framework for combating crime, including the role that the United States plays in developing vehicles for bilateral and multilateral cooperation. The course examines responses to offenses traditionally viewed as “international crimes” (e.g., genocide, war crimes, crimes against humanity and piracy), as well as transnational criminal conduct that increasingly is seen as undermining sovereignty, stability, and the rule of law (e.g., narcotics trafficking, terrorism, organized crime and money laundering). Major topics include jurisdiction (including extraterritoriality issues), international criminal tribunals, extradition, mutual legal assistance, substantive international and transnational crimes, law enforcement activities undertaken abroad, and immunities. The class explores selected emerging tensions that affect international criminal law, including military vs. law enforcement responses to terrorism, and the need for individual criminal accountability vs. collective truth and reconciliation approaches to post-conflict situations. Mr. Surgalla, Prof. Watson.
International Commercial Arbitration (3 hrs.)
International Commercial Arbitration addresses two basic and interrelated elements of modern international commerce: the transnational contract law that governs transnational commercial agreements and international arbitration, which provides the common means for resolving disputes between parties to such agreements. All elements of international arbitration will be covered in the course. This includes: the art of drafting the arbitration agreements that establish arbitral jurisdiction; The New York Convention, which requires signatory countries to enforce international arbitration agreements and resulting arbitral awards; Title II of the U.S. Federal Arbitration Act, which implements the obligations the New York Convention imposes on signatory nations; the Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law (“UNCITRAL), which has been adopted in many countries; the differences between institutional and ad hoc arbitration; the qualifications, appointment and ethical obligations of arbitrators; interim measures – the arbitral analogue of preliminary injunctions; the arbitration hearing process; the nature of arbitral awards; and the confirmation, setting aside and enforcement of arbitral awards. The intersection between international arbitration and transnational contract law will be illustrated through reference to one of the problems constructed for a prior year’s Vis International Commercial Arbitration Moot. Through this approach, the course will address the major differences between traditional United States contract law and the Convention on the International Sale of Goods (“CISG”), which establishes the contract rules commonly applied in transnational dealings. This aspect of the course will compare conventional United States sales law as represented by Article II of the UCC and the Restatement with the CISG. The influence of Civil Law systems on the CISG, and the consequences of that influence in drafting transnational contracts and handling dispute under such contracts will be covered. Included are (1) contract formation; (2) performance and breach (including the CISG concept of fundamental breach, notice requirements, opportunities to cure, and defenses to breach), (3) remedies, and (4) the significance of contract-based concepts of "good faith" in the different legal systems. Ms. Gogadze, Mr. Weinstein.
International Economic Regulation (2 hrs.) — opt. QP
This course focuses on international and foreign national economic laws and policies that foster or impair transnational economic commerce. It explores the WTO, various transnational competition laws, IMF, the World Bank, and conflicting policies of developing nations designed to stimulate trade and investment while promoting internal growth and domestic control. At the discretion of the instructor, this course may include a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Garvey, Mr. Mulloy.
International Intellectual Property Law (2 hrs.)
An overview of the international aspects of intellectual property law, focusing on the major areas of copyright, patent, and trademark law. The course covers the development and nature of international protection under domestic law, as well as under bilateral and multilateral agreements; the use of trade negotiations as a mechanism for the implementation and harmonization of rights; and enforcement problems, including issues of jurisdiction, territoriality, exhaustion of rights, and conflicts of law. Limited enrollment. Prerequisite: Introduction to Intellectual Property Law, Patent Law, Copyright Law, Trademark Law, or Trademarks and Unfair Competition. Mr. Chambers, Prof. Fischer, Mr. Laskoski.
International Human Rights Law (3 hrs.) — E or req. QP
This one-semester course explores the development of international human rights standards and the role of international organizations in establishing and applying those rights. The materials focus on the development of the international law of human rights, particular areas of current attention, the legal basis for the authority of international bodies to act, the resolution of disputes between nations, and the monitoring and enforcement mechanisms applicable to human rights. Attention will also be given to the relationship between international human rights law and domestic legal remedies, as well as to the interpretation and application of treaties in the legal systems of the states that are parties to them. At the option of the instructor, the course will either require an examination or a qualifying course paper that will fulfill one-half of the upper-level writing requirement. Ms. Simon, Prof. Watson.
Interviewing, Counseling, and Negotiating Skills
(3 hrs.) — opt. PP
This course introduces students to the basic lawyering skills of interviewing, counseling, and negotiating. It employs simulation exercises, self-critiques, and feedback from the course instructor, as well as other students. The course is intended to teach and improve basic skills needed for the practice of law. In addition to the exercises, students gain exposure to the theoretical underpinnings of the skills and examine some of the ethical issues involved in interviewing, counseling, and negotiating. Enrollment is limited. On occasion this course may be offered as a two-hour course for administrative convenience. At the discretion of the instructor, this course may include a qualifying portfolio paper that fulfills a portion of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Mr. Danzig, Mr. Hitchens, Prof. Kelly, Prof. Woods.
Introduction to American Law and Legal Methods (3 hrs)
This course, which is designed exclusively for M.L.S. students, provides an overview of the United States legal system and teaches the process of legal analysis. Coverage will include the structure of the United States government; sources of law; judicial and court processes; legal reasoning; the role of the lawyer; and foundational legal issues related to first-year courses, such as Civil Procedure, Constitutional Law, Contracts, Criminal Law, Torts, and Property. Students will develop analytical and research skills through various oral and written exercises. Specifically, students will learn how to identify and extract rules from cases and how to apply those rules to other factual scenarios. Students will also be introduced to the techniques of statutory analysis and interpretation. Ms. Vuono
Introduction to Intellectual Property Law (3 hrs)
This is an overview course covering the core areas of intellectual property law — copyrights, patents, trade secrets, and trademarks. This course is designed primarily for students who are seeking a basic grasp of the fundamentals of intellectual property law. In an age of rapidly developing technology, it is becoming increasingly important for all lawyers to have some understanding of this area of the law. Students who are interested in pursuing a career specializing in intellectual property law should probably take the separately offered courses in Patent Law, Copyright Law, and Trademark Law. Students should consult with the instructor prior to registration to determine which intellectual property course offering(s) would be most appropriate for them.
Most of the course focuses on the four most significant types of intellectual property rights (patent, copyright, trademark, and trade secret). Study includes the scope of these rights, infringement, defenses to infringement, and available remedies for infringement. It also considers the relationship between the four types of intellectual property right, as well as the extent to which the federal intellectual property regime relates to state law doctrines giving protection to intellectual creations. The course assesses the theoretical justifications for legal protection of intellectual property rights and the appropriate balance between legal protections, technological protections, and a robust public domain. The central theme of this course is how American intellectual property law and policy is adapting, and should adapt, to rapid technological change.
There are no prerequisites for this course, and scientific background is not required. The course grade is based primarily on an in-class final examination, as well as on several graded quizzes administered during the semester. Prof. Fischer, Prof. LaBelle, Mr. Watkins.
Islamic Law (2 hrs.)
This course is a basic introduction to Islamic law (Fiqh) and Islamic legal theory (Ussul al-Fiqh). It assists the student in understanding how Islamic law was instituted and has developed over time, particularly after the demise of the Holy Prophet (Pbuh), with reference to five different schools of thought (Mahaheb). Students also study, in detail, the sources of Islamic law, i.e., The Holy Book (Quaran), Tradition (Sunna), Consensus (Ijma), Reason (Aql), and Analogy (Qiyas). The course also covers practical issues such as the law of personal status and the position of women (marriage and divorce), criminal law (Hudud, Qisas, Tazir), and economics (taxes: Khoms, Zakat). The basis for the final grade is primarily a seminar paper. Dr. Iravani.
Jurisprudence: A History of the Idea of Law (2 or 3 credits)
This course introduces the student to the Western tradition of thought on the nature and significance of law. By a close reading of canonical texts, students in the course gain exposure to basic theoretical questions raised by law’s existence, including issues concerning law’s distinctive purpose, nature, function, and value. They consider ideas that have advanced with regard to the criteria of law’s legitimacy or validity. In addition, they explore ideas offered for the normative evaluation of law by reference to conceptions of justice, civic order, public morality or societal or individual well-being. Through its survey, the course identifies the major alternatives in philosophical perspective on law emerging in the course of the Western tradition. The course provides students with an opportunity to master the forms of reasoning and argument according to which law in any era becomes the object of theoretical reflection on larger questions of meaning. It equips students to understand deeper lines of division underlying differences in contemporary approaches to jurisprudence. The course meets for two classroom hours, but it may be taken for either two or three credits. If taken for two credits, the course is graded based on a paper/examination option. If taken for three credits, it is graded based on the paper option only, and the paper serves as a qualifying course paper fulfilling one half of the upper-level writing requirement. For students who are members of the Journal of Law, Philosophy, and Culture, it may also satisfy the upper-level writing requirement as an instance of “law journal writing.” Students taking the course for three credits are required to participate in a number of writing tutorial meetings and exercises outside scheduled classroom time. Qualifying course papers fulfill one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Wagner.
Jurisprudential Problems in Contemporary American Law
(2 or 3 credits)
This course introduces the student to some central theoretical and normative issues posed by American law and legal institutions. In addition, it exposes students to the diverse responses that contemporary schools of jurisprudence offer to these issues. The course syllabus covers such problems as the government regulation of market transactions; the fair distribution of government benefits (e.g. affirmation action and redistributive spending and taxing policies); the meaning of marriage and parenthood; the basis for respect for personhood and eligibility for citizenship; the assignment of criminal and tort liability; the reconciliation of civil liberties and national security; the consequences of civil disobedience; and the obligations of sovereign states under international law. Students are invited to explore the implications of the way these problems are resolved for such basic goods as human dignity and freedom; justice; political community; individual happiness; and efficiency in fostering of material requisites of a good life such as a vibrant human culture and sound natural environment. The course syllabus also acquaints students with the distinguishing features of various schools comprising primary options in contemporary jurisprudence. The course meets for two classroom hours, but it may be taken for either two or three credits. If taken for two credits, the course is graded based on a paper/examination option. If taken for three credits, it is graded based on the paper option only, and the paper serves as a qualifying course paper fulfilling one half of the upper-level writing requirement. For students who are members of the Journal of Law, Philosophy, and Culture, it may also satisfy the upper-level writing requirement as an instance of “law journal writing.” Students taking the course for three credits are required to participate in a number of writing tutorial meetings and exercises outside scheduled classroom time. Qualifying course papers fulfill one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Wagner
Juvenile Law (2 hrs.) — E or PP
A study of the law relating to juvenile court: juvenile delinquency, child abuse and neglect, foster care, status offenses, and termination of parental rights. Includes discussion of the philosophy underlying juvenile court, intake procedures, waiver to adult court, initial hearings, adjudicatory hearings, dispositions, treatment options, the role of counsel, and current efforts at reform. The course examines the unique partnership of law and social work in juvenile court. Students may substitute one or more portfolio writing exercises as full or partial fulfillment of the final examination course requirement. Paper must be practice oriented and may include opinion letters, bench briefs, and memoranda of law. If the instructor allows papers in lieu of examinations, this course may include a qualifying portfolio paper that fulfills a portion of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Leary, Mr. Schweitzer.
Labor and Employment Law (3 hrs., or 4 hrs. with 1 credit student option). The core of this course is a three-credit course that considers the current legal problems in both labor-management relations law (the law that regulates the relationship between employers and unions) and employment law (the law that provides a floor of workplace protection for individual employees by statute, administrative rule, or through judicial decision). The labor law side of the course provides students an overview of the legislative, administrative, and judicial regulation of labor-management relations in the private sector and covers subjects such as the protection of the right of self-organization and the designation of collective bargaining agents; the negotiation and administration of the collective agreement; the legality of strikes; labor preemption; and employer interference with protected concerted activities. Among the major topics covered in the employment law side of the course are workplace torts; the employment-at-will doctrine; employee privacy rights, employee duty of loyalty, wage and hour legislation; workers’ compensation; and occupational safety and health.
In addition to the option to enroll in this course as a three-credit course, which will be taught as described above, a four-credit option is available, which will build upon the doctrinal foundation of the core course through a practice-ready seminar format. Students electing to enroll in the four-credit option will participate in scheduled one-hour seminars that will feature guest labor and employment law practitioners who will discuss the practical aspects of the doctrinal foundation covered in the core course. In addition, students will be required to complete several writing assignments with a focus on the practical utilization of the doctrinal law taught in the core course (e.g., through demand letters, client memoranda, and simple pleadings) As a whole, this optional credit opportunity is designed to provide an enhanced opportunity to advance the student’s professional development by networking with practitioners in the field of labor and employment law, learning from practitioners the practical aspects of representing labor and employment law clients, and gaining practical experience by drafting documents related to simulated labor and employment law problems involving topics addressed in the core course. The grade for the optional fourth credit will be based on the individually graded writing assignments. Prof. Hartley, Mr. Woodward.
Labor and Employment Litigation Captone (3 hrs.)
This is a transition-to-practice (capstone) course open to all students who satisfy one of the course prerequisites (Labor and Employment Law, Fair Employment Law, Practice and Procedure Before the NLRB; ERISA: The Labor Management Perspective; or Civil Rights Law). This course is modeled on the problem-solving approach to learning adopted by the Harvard Business School where students are presented a variety of “real-life” examples in an effort to help make them become “practice-ready” in the field of Labor and Employment Law. Students build upon their academic coursework and confront day-to-day decision-making challenges to which a new associate may be exposed during the first few years following graduation. This problem-based course will teach a mix of skills that include 1) drafting a letter to a client or a memo to a senior partner recommending a course of action; 2) visiting a client to conduct an audit of the client's labor, employment and other personnel relations policies or develop and conduct a training session for a client's first line supervisors, covering real-life labor and employment issues that arise on the “shop floor;” 3) drafting a case analysis for a union or employer client assessing the costs of and risk factors in a specific anticipated litigation 4) drafting a pleading in a labor and employment-related litigation matter; 5) preparing a witness to testify in an administrative or court proceeding; and/or 6) drafting a brief to be filed in an administrative or court proceeding. Students will work both individually and in teams. While the focus of the course is learning by doing, the course instructors provide students classroom lectures and assigned reading designed to refresh recollections regarding material previously studied, bring all students to a competence level needed to solve the assigned problems, and provide the student with a sense of how the many aspects of the field can often be integrated in a work-place labor and employment law problem. The substantive areas of law addressed include labor law topics litigated under the National Labor Relations Act (and before the National Labor Relations Board) and employment law topics such as The Fair Labor Standards Act, Title VII of the 1964 Civil Rights Act, and employee benefits (Family Medical Leave Act, Unemployment and Disability Compensation, Employee Retirement Income Security Act). Grading is based on an evaluation of the quality of each of the problem-solving assignments in the course. Mr. Higgins, Mr. Woodward
Labor Relations in the Public Sector (2 hrs.)
This two credit course will cover the basic law and procedures of public sector labor law, state agencies, and the Federal Labor Relations Authority. (FLRA) The FLRA is the agency charged with enforcing the labor law provisions of Civil Service Reform Act and its jurisdiction extends to most of the civilian agencies in the Federal government. In addition to examining unfair labor practice and representation case law, the course will cover procedures for resolving collective bargaining disputes in government agencies. Guest lecturers from agencies as well as practitioners will participate in the class. The course will be particularly valuable for students who plan careers in public service. Students will be graded on the basis of a paper. The paper may be a qualifying paper that will fulfill one half of the upper level writing requirement. Students will also be graded on class participation. Mr. Higgins.
Land Use (2 hrs.) — opt. QP
This course studies the process of imposing limitations (legal, political, economic, and social) upon the use and management of privately owned land by judicially crafted principles of waste and nuisance; by contract; through the use of easements, covenants, and servitudes; by zoning and subdivision regulation; and by environmental legislation. Simulated exercises of land development conflicts (e.g., the administrative processes of zoning deliberations before a zoning board) and role-playing assists the students in developing competencies and skills — and particularly negotiation — when representing the full component of clients in a typical land-use conflict: the developer, and private property owners together with local, state, and federal administrative bodies. At the discretion of the instructor, this course requires a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Ms. Asdorian, Mr. Smith.
Law and Literature (2 hrs.) — E or QP
The course explores insights into the meaning and value of law that are communicated through literature. It seeks to elicit corresponding student insight into the meaning and value of law in their social and professional context. As a secondary goal, the course aims to understand the methodology and theory that make possible valid and true statements about the relation of law and literature. The course pursues its goals through the reading of literary sources. Enrollment is limited to 20 students. If the instructor allows papers in lieu of examinations, this course may include a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Harmon, Prof. Wagner.
Law Journal Editing (2 hrs.; pass/fail)
This course is mandatory for third- and fourth-year law journal members who supervise student writing projects (as determined by each editor-in-chief); it is optional for other third- and fourth-year journal members. During the first five weeks of the semester, the course focuses on topic selection, publication decisions, substantive editing, style editing, word editing, and professional working relationships. The instructor provides editing exercises and workshops and leads discussions of classic law review articles and trends in legal scholarship. For the remainder of the semester, students supervise and edit at least two student writing projects or critique or edit at least two other manuscripts submitted to the law journal. During this time the instructor conducts editing tutorials, as the need arises, and is available for student conferences. If a student has not completed the required editing assignments by the end of the first semester, work may continue into the second semester, in which case course credit will not be awarded until the end of the second semester. The journal faculty adviser, in consultation with the editor-in-chief, must certify that each student has successfully completed the required assignments. The course may fulfill one of the two upper-class writing requirements, but a student may not count BOTH this course and Law Journal Writing toward completion of the upper-class writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Harmon.
Law Journal Writing (2 hrs. over two semesters; pass/fail)
This course is open only to students who are producing a writing project for one of the school’s law journals. These students must take this course if they choose to receive academic credit for their journal writing project or count it toward satisfaction of the upperclass writing requirement. Generally, students register for one credit for each of the two semesters; the credits are not awarded until the end of the second semester. During the first three weeks of the first semester, lawyering skills faculty conduct workshops that focus on writing skills such as organization, integrating research, transitions and headings, substantive footnoting, grammar and vocabulary appropriate to the journal audience, constructive use of editor and expert-reader feedback, and re-drafting. The instructor schedules writing tutorials for students throughout the year as need dictates. Students must complete a journal portfolio that includes all drafts of the writing project, an expert-reader’s comments, the supervising editor’s comments, the editor-in-chief’s comments, and a certification that the student attended all required workshops. The journal’s faculty adviser, in conjunction with the editor-in-chief, must certify
the portfolio is complete and that the student’s Writing Project is of publishable quality. The course fulfills one of the two upper-class writing requirements, but the student may not count BOTH this course and the Law Journal Editing toward completion of the upper-class writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Harmon.
Law of Armed Conflict (3 hrs.) — opt. QP
Designed for students with interests in international and national security law, with a focus on the use, or threatened use, or armed force, the course utilizes a wartime scenario derived from the experiences of the text's authors and former U.S. government lawyers. Students are called upon to discuss and offer advice on legal issues ranging from pre-deployment preparation through post-conflict stability operations to war crimes investigations. Students have the option to elect, at the beginning of the semester, to complete a qualifying course paper. The course will partially satisfy certificate requirements of the Comparative and International Law Institute. Prof. Noone
Law of the European Union (3 hrs.) — E or QP
The rationale of this course is to provide an overview of the political and legal framework of the European Union’s institutions, trade relations, and legal and business implications of the European process of integration. The focus will be on the process of the creation of the European Union, goals and purposes of the union, the structural framework and processes for the development of European Union’s law, constitutional issues, and the roles of the European Court of Justice, East-West trade, and United States trade within the European Union. If the instructor allows papers in lieu of examinations, this course may include a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Ludwikowski.
Law, Science, and Medicine (2 hrs.) — E or req. QP
The seminar investigates legal, ethical, and social problems caused by developments in medicine and the biological sciences. Topics include informed consent, death and dying, genetic planning and manipulation, fetal research, treatment of and experimentation with institutionalized persons, societal controls on scientific advances, and allocation of health care resources. At the discretion of the instructor, this course may require a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Smith.
Lawyering Skills (4 hrs. — 2 hrs. each semester)
In the first semester, students develop analytical skills, a clear and effective writing style, and the ability to research through drafting office memoranda. In the second semester, students learn advocacy skills through the writing of a memorandum in support of a motion, development of an appellate brief, and oral argument before a panel of attorney judges. Prof. Everhart, Prof. Harmon, Prof. Jennison, Prof. Lewis, Prof. Williams, Prof. Woods.
Legal Drafting: Advanced Litigation Drafting (3hrs.) — WC
This course offers students an introduction to legal drafting, with an emphasis on such essential skills as writing with clarity and precision, conforming with statutes and ordinances, using forms appropriately, achieving the goals of clients, identifying and eliminating ambiguity, editing and proofreading a written product, and simplifying complex thoughts and ideas. This course provides students with a thorough introduction to the principles of litigation drafting through the use of various techniques such as written exercises, peer critique, and in-class workshops. Documents prepared in the class are typical of those prepared in the course of litigation in its various stages. Through the course of the semester, students draft a minimum of three major legal documents in addition to rewrites and shorter written exercises. Successful completion of this course will satisfy one of the two upper-level legal writing requirements. Enrollment will be limited to 16 students per section. Mr. Brewer, Mr. Naresh.
Legal Drafting: Drafting for Telecommunication Lawyers (3 hrs.) — WC
This course offers students the opportunity to develop effective drafting skills in the context of the telecommunications field. The course Is broken down into three distinct segments. The first guides students through the characteristics and qualities of well written legal documents. The second teaches students the skills needed for drafting telecommunications statutes and regulations. Students write a client advisory memorandum on an FCC development. They also delve into special legislative and regulatory provisions and discuss the challenges of the legislative process and producing telecommunications legislation. The final segment gives students the opportunity to explore transactional drafting for telecommunications lawyers, including the process of writing effective contracts. Prof. Gregg
Legal Drafting: General Drafting (3hrs.) — WC
This course offers students an introduction to legal drafting, with an emphasis on such essential skills as writing with clarity and precision, conforming with statutes and ordinances, using forms appropriately, achieving the goals of clients, identifying and eliminating ambiguity, editing and proofreading a written product, and simplifying complex thoughts and ideas. This course provides students with a thorough introduction to the principles of general drafting through the use of various techniques as written exercises, peer critique, and in-class workshops. These may be general office documents or documents in a particular doctrinal area. Through the course of the semester, students draft a minimum of three major legal documents in addition to rewrites and shorter written exercises. Successful completion of this course satisfies one of the upper-level legal writing requirements. Enrollment will be limited to 16 students per section. Mr. Danzig, Mr. Hitchens, Judge Timony.
Legal Drafting: Judicial Opinion Writing (3 hrs.) — WC
This course covers the process of writing judicial opinions. Topics will include the structure of opinions, the purpose of opinions, standards of review, how judges decide cases, and opinion writing style. Over the course of the semester, students draft a bench brief, a trial court opinion, and an appellate court opinion. As such, this class is ideal for students interested in pursuing judicial clerkships, but will benefit all interested in honing their writing skills. This course can be used to satisfy one half of the upper-division writing requirement. Ms. Abshire
Legal Drafting: Legislation and Regulation (3hrs.) — WC
This course offers students an introduction to legal drafting, with an emphasis on such essential skills as writing with clarity and precision, conforming with statues and ordinances, using forms appropriately, achieving the goals of the clients, identifying and eliminating ambiguity, editing and proofreading a written product, and simplifying complex thoughts and ideas. This course will provide students with a thorough introduction to the principles of legislative and regulatory drafting through the use of various techniques such as written exercises, peer critique, and in-class workshops. Documents prepared in the class are typical of those prepared in the legislative and regulatory processes. Through the course of the semester, students draft a minimum of three major legal documents in addition to rewrites and shorter written exercises. Successful completion of this course will satisfy one of the two upper-level legal writing requirements. Enrollment will be limited to 16 students per section. Ms. Tribble.
Legal Drafting: Pre-Trial (3hrs.) — WC
This course develops students’ legal research and writing skills by requiring students to prepare for, research, draft, and edit typical pre-trial motions. Students draft initial motions as well as responsive motions to simulate actual motions practice. The pre-trial exercises also serve to refine students’ legal research, macro and micro organization, and use of authority. Students are expected to work in small teams for some projects to prepare for work in legal practice. Successful completion of this course fulfills on half of the upper-level writing requirement. Mr. Ewing.
Legal Drafting: Transactional Drafting (3hrs.) — WC
This course offers students an introduction to legal drafting, with an emphasis on such essential skills as writing with clarity and precision, conforming with statutes and ordinances, using forms appropriately, achieving the goals of clients, identifying and eliminating ambiguity, editing and proofreading a written product, and simplifying complex thoughts and ideas. This course provides students with a thorough introduction to the principles of transactional drafting through the use of various techniques such as written exercises, peer critique, and in-class workshops. Documents are prepared in the class are typical of those prepared in the course of contemporary commercial and business transactions. Through the course of the semester, students draft a minimum of three major legal documents in addition to rewrites and shorter written exercises. Successful completion of this course will satisfy one of the two upper-level legal writing requirements. Enrollment is limited to 16 students per section. Mr. Freeman.
Legal Drafting: Writing for Criminal Practitioners (3hrs.) — WC
This course covers the practical and artful elements of form, style and persuasion of a written product in criminal practice. Based on a provided closed-universe of fact patterns, rules of evidence, and other pertinent law, students will be expected to write on both sides of evidentiary, fourth amendment, and sentencing issues. This includes drafting motions in limine, motions to suppress and memoranda in aid of sentencing. Criminal Procedure and Evidence are strongly encouraged prerequisites. Mr. Zeager.
Legal Externship (2 or 3 hrs.)
A student registering for his or her first externship should enroll in Legal Externship and Becoming a Lawyer or one of the equivalent externship seminars. After consultation with the Director of Experiential Education or the faculty instructor, each student selects a placement at which to do uncompensated legal work under the supervision of an attorney. Placements include federal, state, and local government agencies, judicial chambers, prosecutors’ and defenders’ offices, law firms, corporate general counsels’ offices, public interest organizations, and labor unions. Students may receive two credits for 120 hours of uncompensated fieldwork or three credits for 180 hours of fieldwork. Each student submits periodic detailed time logs to the Clinical Programs Office to obtain credit for the fieldwork. Students must seek approval for proposed placements by filling out the online placement approval form at http://externships.law.edu. Students should obtain approval of placements before the semester begins. For additional information about the externship program, refer to the section on "Legal Externships
Legal Externship: Supervised Fieldwork (2 or 3 hrs.)
Students who have completed one externship and one of the “Becoming a Lawyer” seminars may enroll for a second or subsequent externship in Supervised Fieldwork. This course provides credit for fieldwork and provides each student with oversight from a faculty member. In consultation with the instructor, each student selects a field placement at which to do uncompensated legal work under the supervision of an attorney. Placements include federal, state, and local government agencies; judicial chambers; prosecutor’s and defender’s offices; law firms; corporate general counsel’s offices; public interest organizations; and labor unions. Students may receive two credits for 120 hours of legal work or three credits for 180 hours. Students must seek approval for proposed placements by filling out the online placement approval form at http://externships.law.edu. Students should obtain approval of placements before the semester begins. For additional information about the externship program, refer to the section on "Legal Externships
The faculty instructor may convene periodic seminar meetings or may meet with each student several times over the course of the semester. Students turn in detailed time-logs and do some reflective writing about their field experience. Grading is pass/fail. Students are encouraged to seek a new field placement for each semester. A student who wishes to stay in a single placement for a second semester must receive approval from the Director of Experiential Education, Coordinator of Clinical Programs Ms. Frost, Ms. Harold, Prof. Leary, Prof. Lerman, Mr. Ogilvy, Mr. Tramont, Ms. Tschirch.
Legal Issues of the Middle East Peace Process:
The Challenge of Jerusalem (2 hrs.) — QP
This law school course considers legal issues related to the Israeli-Palestinian conflict, with special reference to the problem of Jerusalem. At least three weeks are devoted to legal issues related to the juridical status of Jerusalem. It considers the primary texts beginning with the Balfour Declaration and progressing through the relevant UN resolutions, Israeli laws, and regulations. Students analyze international agreements that may bear on Jerusalem including the UNESCO and Hague Conventions, and bi-lateral treaties such as the Vatican-Israel Fundamental Agreement and the Jordan-Israel Peace Accord. Another two weeks focus on legal issues related to Holy Places. Students review legal issues related to the Israeli “occupation” of the West Bank and read the ICJ and Israeli Supreme Court “Wall” opinions as they relate to Jerusalem. Other issues addressed include those related to the ‘holy basin,’ the legal status of the Arab minority, city planning proposals to extend and expand the City both eastwards and westwards, and economic and political issues. Students consider analogous problems related to ‘divided cities’ such as Berlin and Belfast, as well as examples of international administration and divided and shared sovereignty. Students write a qualifying course paper on some aspect of Jerusalem. The course meets the “elective” requirements for the Comparative and International Law Institute. Graduate students from political science and religious studies are allowed to take the course under appropriate university regulations. Prof. Breger, Prof. Watson.
Legal Rights of People with Disabilities (2 hrs.) — opt. QP
This course studies federal legislation and court decisions protecting the rights of people with disabilities. All titles of the Americans with Disabilities Act and its regulations are studied, and recent cases arising under this law are discussed. Other federal legislation in the areas of employment, education, and housing rights of people with disabilities are also examined. At the discretion of the instructor, this course may include a qualifying course paper that fulfills one half of the writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Limited to 20 students. Ms. Gardner.
Legislation: The Making of a Federal Statute (3 hrs.) — req. PP
This seminar studies federal legislation, how it is made (pre-enactment) and how it is interpreted by courts (post-enactment). The pre-enactment portion of the course looks at the fundamentals of federal lawmaking: How does an idea become law? What are the key stages of the Congressional process, including the budget process and reconciliation? The course uses current events as background, and for assignments (e.g., past courses have coincided with health care reform, and the bank bailout, “TARP”). The post-enactment portion of the course is concerned with judicial construction of the meaning of the words Congress uses, and how theories of interpretation, such as purposivism or textualism, reflect or support theories of the separation of powers. Do judges make law? Should they? How do the realities of the legislative process affect the task of statutory interpretation? The course also provides an overview of interpretive techniques, including the canons of statutory construction, and the use (or abuse) of legislative history as an authoritative source of legal meaning. The grade for the course is based primarily on three substantial writing assignments: (1) a judicial opinion, (2) a review and analysis of a statute, and (3) a memorandum in support of or in opposition to a legislative proposal. For each assignment, the student prepares two drafts, the first for comment and the second for a grade. Successful completion of the course satisfies the practice-oriented writing requirement. Students interested in legislation, public policy, administrative law, lobbying, or writing should consider this course. Mr. Colinvaux.
Local Government Law (2 hrs.)
This course will examine the organization, the sources and extent of authority, and contemporary legal and policy problems of local governments. Topics include delegation of powers, home rule, federal-local relationships, local government finance, equitable distribution of services, regional governance, and special considerations in litigation involving local governments. Federal constitutional and statutory developments having particular application to local governments may be studied. Mr. Higgins.
Mediation Advocacy (3 hrs.)
This seminar is an interactive course designed to expose students to the field of alternative dispute resolution with an emphasis on mediation. Through lectures, discussions, exercises, dispute simulations and videos, students will learn about conflict theory, the role of negotiation in mediation, what mediation is versus arbitration, the different types of mediation (facilitative, evaluative, and transformative), the benefits of mediation, the role of the mediator, when to use meditation, how to select a mediator, and confidentiality and ethical considerations in mediation. In addition, emphasis will be placed on the role of the advocate pre, during and post mediation. Various documents that are used in a mediation will also be discussed (pre-mediation agreement, position paper, and settlement agreement). Students will practice their roles dealing with clients at the various stages of the process. This course satisfies either the Professional Skills requirement or the "practice-oriented" writing requirement. Ms. Raskin.
Mediation and Arbitration Skills (3 hrs.)
The focus of this course is on the theory, skills, and attitudes involved in the conduct of mediation and arbitration. In addition, some attention is given to the role of counsel in mediation and arbitration. Skills are learned through active participation in simulated exercises, which are videotaped, reviewed, and critiqued by other students and the faculty member. Readings and discussion of the theoretical bases for mediation and arbitration and the ethical issues inherent in these practices also form a part of the course. Enrollment limited to 16. On occasion, this course may be offered as a two-hour course for administrative convenience. Mr. Pope.
Moot Court Appellate National Teams (2 hrs.)
Students selected to register must be certified by the Moot Court Board or its faculty adviser. Students must prepare for and participate in one of several national appellate competitions. A pass/fail grade will be awarded by the faculty adviser. No more than two credits may be earned. Faculty.
Moot Court Trial National Teams (2 hrs.)
Students selected to register must be certified by the instructor. Students must prepare for and participate in one of the several national trial competitions. A pass/fail grade will be awarded. No more than four credits may be earned. Prof. Barracato, Mr. Daniel, Mr. Sharifi.
National Security Law and Policy Seminar (2 or 3 hrs.) — req. QP
The seminar will examine the issues that arise when general legal standards and processes are applied to national security activities. In light of the development of national security law since World War II, the seminar explores a range of legal, constitutional, and policy problems relating to the conflict between accepted legal principles, individual rights, and national security requirements. The objectives are to increase understanding of broader constitutional, legal, political, and governmental issues, as well as the peculiar nature of national security programs. Students are expected to contribute to class sessions on a regular and meaningful basis. This course requires a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Ms. Hodgkinson, Mr. Hodgkinson, Prof. Perez.
Not-for-Profit Organizations Law (3 hrs.) — E or QP
Considers many aspects of the legal treatment of not-for-profit organizations, including management and organizational issues, fiduciary responsibilities, tax exemptions and other special privileges, restrictions on political and economic activities, special fund-raising regulations, etc. This course has a comparative focus, exposing students to the legal issues both from a U.S. perspective and from a perspective reflecting their treatment in other countries. This course may require a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Colinvaux.
Partnership Taxation (2 hrs.)
The tax consequences of the formation and operation of a partnership, including the basis of partnership interests and of partnership assets and the effect of liabilities on basis; the determination of partnership income and a partner’s distributive share thereof; sales and exchanges of partnership interests; liquidating and nonliquidating partnership distributions; and tax consequences involving the retiring partner. Prerequisite: Federal Income Taxation. Prof. Jefferson.
Patent Enforcement (2 hrs.) — PP or QP
This course is designed to teach advanced students about the intricacies of litigating a patent infringement suit from inception to trial. The course will go beyond the basic understanding of substantive patent law issues and give students a theoretical and practical understanding for resolving those issues in the context of a patent case. Throughout the semester, the students litigate a hypothetical patent case. The course is offered as a portfolio class and an understanding of basic patent law is preferred. Mr. Fuhrer, Mr. Pivnick.
Patent Law (3 hrs.)
A study of inventions that are protectable under United States patent laws; the requirements for patentability, including concepts of utility, novelty, unobviousness, and adequate disclosure; the nature of acts constituting patent infringement; interpretation of patent claims and the scope of exclusive rights under a patent; and remedies for infringement Prof. Winston.
Patent Prosecution (2 hrs.) - req. PP
This course provides students the opportunity to develop knowledge and skills related to the preparation and prosecution of patent applications before the U.S. Patent & Trademark Office. Students will develop efficient patent and claim drafting techniques, and will learn effective prosecution strategies, such as analyzing and responding to office actions and avoiding prosecution history estoppel. This course will require the completion of an advanced legal writing portfolio. Prerequisite: Patent Law or permission of the instructors for those students with patent experience. Mr. Blinka, Ms. Weiss-McLeod.
Practice and Procedure before the National Labor Relations Board (2 hrs.) — E or QP
This course covers all important aspects of the detailed procedures of the board. Unfair labor practices are examined from the filing of the initial charge in the regional office to the final enforcement in the United States Court of Appeals. Procedure in representation cases is also fully explored. The importance of informal procedures is stressed, and the substantive law is examined, especially from the
standpoint of tactics. If the instructor allows papers in lieu of examinations, this course may include a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. The student is also evaluated on the basis of class participation. Mr. Higgins.
Pre-Trial Litigation: From Complaint to the Eve of Trial (2 hrs. Fall, 3 hrs. Spring)
This course begins from the fact that something like 95-99% of all civil cases filed are resolved before trial. Thus, the skills and knowledge necessary to engage successfully in the varieties of activities that occur before trial are critical to success as a litigator. This course is a 5 credit two-semester course designed to teach these skills. The class will comprise 16 students who will be divided into 8 teams. Half will be plaintiffs and half will be defendants on a hypothetical case. Each team will be matched against another team for the duration of the year. This will provide the realistic flavor that comes from having the same opponent throughout litigation. For this reason, students will only be accepted into the course for the entire year; a one-semester option is not available. During the first semester, students will write and respond to Complaints, and propound and respond to the various forms of written discovery that the Rules permit. Students will write and argue motions to compel discovery. The second semester will complete written discovery but concentrate upon deposition practice. Each team will take and defend at least one deposition. The final written product of the course will be a Memorandum to the Client. At the close of discovery, both written and oral, each team will prepare a document for their client discussing the applicable law and the facts that have been discovered, and thereby determining a price at which the Client should be willing to settle the case. Finally, the Memorandum will assess the likelihood of success in a jury trial if the case does not settle, which determination, of course, plays a critical role in establishing the price at which a client is prepared to settle. The course will demand a significant amount of work, just like real litigation. Every effort will be made to make the course as realistic an experience of complex litigation as possible. Mr. Goldman.
Problems in Telecommunications Law and Policy (2 hrs.)
This Communications Law Institute course, limited to institute students in their final year, will examine a series of broadcasting, domestic and international common carrier, spectrum allocation, media definition, and technology planning issues. Students prepare for each class by reading the assigned materials and generally taking responsibility for additional research to achieve a complete understanding of the major constituencies or coalitions involved and the policy choices presented. For each issue, an appropriate number of students prepare a written position statement advocating one particular constituency’s legal interpretation/philosophy. These students will present this position in a panel discussion that at times may parallel a debate, moot court proceeding, FCC meeting, or international policy-making forum. After presentations by the students responsible for advocating particular positions, the entire class will have the opportunity to pose questions and additional complications. Enrollment limited to 25 students. Mr. Golant.
Products Liability Seminar (2 hrs.)
This course offers the opportunity to submit a research paper on some topic concerned with personal injury cases involving defective products. After two preliminary class meetings, the balance of the semester will be devoted to preparation and discussion of student papers. Most of the subsequent meetings will be with the instructor on a tutorial basis. By the end of the second week, seminar paper topics and a preliminary bibliography must have been approved. In order to remain registered in the course, students must attend the first two class sessions. This course requires a qualifying course paper that fulfills one half of the upper-level writing requirement. Students will be encouraged to seek publication of their papers. Dr. Noone.
Professional Responsibility (3 hrs.)
This course, which is a graduation requirement, examines the legal profession and the law that governs the professional behavior of lawyers, including the Model Rules of Professional Conduct, the law of legal malpractice and the relevant rules of agency law, criminal law, civil procedure, and other law. Students will explore ethical questions relating to the lawyer’s role in the legal system and the lawyer’s relationships with clients, adversaries, tribunals, colleagues, employees, witnesses, and others. The course looks at issues that arise in the various roles occupied by lawyers, including advocate, counselor, and negotiator. The course is designed to assist students in recognizing and evaluating ethical dilemmas they may encounter in practice. The course also aims to assist students in gaining knowledge about the legal profession, to clarify their own professional values, and to learn the ethical norms of the legal profession. The course must be taken by every student during the second, third, or fourth year of law school. Prof. Destro, Prof. Goldman, Prof. Lerman.
Professional Sports and the Law (2 hrs.)
The organized, professional team sports of baseball, basketball, football, soccer, and hockey employ practices unique in American business. The course primarily involves an examination of various areas of law (including contract law, antitrust law, labor law, and intellectual property law) in the context of an analysis of the business of professional sports. Among the issues to be considered in the course are current antitrust developments in professional sports; collective bargaining in professional sports, the impact of the labor exemption under the antitrust laws, the standard-player contracts, and the forms of self-regulation and league structure of each league, and an appraisal of the future development of professional sports. The course encourages a different outlook on professional sports leagues and the athletes they employ. The course emphasizes class participation and debate. Knowledge of sports is not required. Mr. Haase, Ms. Wilson.
Property (4 hrs.)
This is the basic course in property. It considers such topics as the nature of “property,” property “interests,” and property as an institution in contemporary society; problems in possession; the historical development of land law and its manifestation in the law of landlord and tenant; and conveyancing. Prof. Colinvaux, Prof. Garvey, Prof. Silecchia, Prof. G. Smith.
Public International Law (3 hrs.) — E or QP
An introductory course exploring legal elements underlying relations and obligations among nations and their rights and responsibilities to each other and to their citizens. The problems this course examines cut across the major issues of international legal studies. These problems may include sources and subjects of international law, problems of international jurisdiction, international claims, international organization, foreign investment, international finance, environmental protection, economic sanctions, law of the sea, international human rights, and use of force in the international system. The students explore these issues against the background of crucial events of our era. Paper/examination option. At the discretion of the instructor, this course may include a qualifying course paper that fulfills one half of the upper-class writing requirement, if the instructor allows papers in lieu of examination. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Ludwikowski, Prof. Watson.
Public Policy Practicum (4 hrs., yearlong)
— req. QP or PP
During the fall semester, students taking this course should register for three credits of fieldwork under the course titled Legal Externship: Supervised Fieldwork or they should enroll in one of the CUA clinical courses.
This course engages students in intensive research and writing on issues of public policy and in reflective study of professional and policy issues in their accompanying fieldwork or clinical work. It is required for third-year day students in the Law and Public Policy Program. Evening students in LPP may take this course during the third or fourth year. The course is open to other students if space is available.
In consultation with the instructor, each student selects either a live-client clinical course or a placement at which to do uncompensated legal work under the supervision of an attorney at a nonprofit organization, a government office (executive, legislative, or judicial branch of federal, state, or local government), a law firm, or a corporation. Placements and clinical courses should involve the students in the development or implementation of law and/or public policy and must be approved by the LPP director. Students may enroll in a fieldwork or clinical experience in the spring semester as well as the fall. Students seeking credit for fieldwork should enroll in “Legal Externships” during the fall semester of this course. For additional information about the externship program, refer to the section on "Legal Externships."
In this seminar, the students complete readings and participate in reflective oral and written dialogue designed to advance their professional development and to prepare them for public law careers. They are assigned to submit several reflective essays about their fieldwork or clinical work. This course requires a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Students also prepare and present 25- to 30-page research papers (which go through preliminary work plus three drafts) on topics of their choice related to the policy issues that arise in clinical or fieldwork.
Reflective study of field experience will be the central focus of the seminar during the fall. Topic selection and preliminary research for the papers occur during the fall semester. The spring seminar focuses principally on the research and writing of the papers. Students receive two credits for the fall seminar and two credits in the spring. Ms. Ali, Mr. Cadogan.
Regulated Industries (Legal Control of Business) (3 hrs.)
— req. QP
This course provides an introduction to the scope and nature of government regulation in the United States. It examines the constitutional restraints on regulatory power and reviews the economic and other justifications for regulation (i.e., natural monopoly, destructive competition, allocation of scarce resources, assurance of quality or competence, consideration of otherwise ignored social costs, and wealth redistribution). Given the nature of contemporary efforts to reform the regulatory state, emphasis is placed throughout the course on the deregulation of traditionally regulated sectors of the economy. This course requires a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. Prof. Garvey.
Regulating the Internet and New Technologies (2 hrs.)
How should the Internet be regulated, if at all? How is it possible to develop regulatory regimes for any new technology without stifling it or scaring away investment? This course will explore the several critical lenses necessary to struggle with these questions and ultimately arrive at a thoughtful regulatory regime. The first is technology. A deep appreciation for the technological underpinnings of any communication system is essential to adopting carefully tailored and relevant policies. Getting it wrong can destroy innovation. The second is economics. How does regulation impact the cost of networks, methods of funding the network, and the sources of investment? Capital moves quickly in a free market and a regulation’s viability depends on maintaining the right mix of economic incentives. The third is social policy. Inevitably, communications is about people and community. The government has a long history of weaving social policy objectives into communications policy. Fourth is politics. The FCC is not a collective of philosopher-kings insulated from the fray of politics. Managing the politics is critical to getting policy right, and requires an understanding of the interests and influence of stakeholders in the politics. In this course, you will examine a number of issues related to the Internet and new technologies—including infrastructure, indecency, copyright, privacy and others—applying the four regulatory lenses. Mr.Carlisle.
Regulation of Wireless Telecommunications Services (2 hrs.)
This course addresses FCC spectrum management and licensing
policies and regulations with respect to personal, commercial, and industrial wireless telecommunications applications. It covers the historical, philosophical, and legal background of Title III of the Communications Act as it applies to areas other than broadcasting, mass media, and video entertainment services. Students are given a foundation in the legal theory of spectrum policy and a practical knowledge of FCC regulations applicable to the vast array of electromagnetic spectrum uses from the mundane and commonplace (e.g., garage door openers, baby monitors, and cordless telephones) to the technologically advanced and complex (e.g., cellular technology, wireless fiber networks, and microwave and satellite telecommunications systems). Mr. Welsh.
Remedies (3 hrs.)
This course deals with the nature and source of the remedies of specific performance, reformation, rescission, damages, restitution, injunction, and declaratory judgment. Emphasis is placed on the historical development and modern application of equitable principles and the limitations recognized on the exercise of equitable powers. This is an exam course. Prof. Destro, Mr. Sky.
Role of the Federal Prosecutor (2 hrs.) — E
This course is taught at the Department of Justice by justice department attorneys. Participants in the class include students from other local law schools. This course explores the powers and responsibilities of the federal prosecutor. Class segments focus on how decisions are made by federal prosecutors throughout different stages of the criminal justice system in light of legal, policy, practical, and ethical considerations. Using actual cases as well as federal statutes, guidelines, and other materials, the course discusses the factors that influence the decisions and discretion of the federal prosecutor. The course also examines the interaction between and among federal, state, and foreign jurisdictions, in particular the interests of competing sovereigns in the investigation and prosecution of criminal activity. Prerequisites: Students must have taken a criminal law and criminal procedure class. Constitutional Law and Evidence would also be helpful. There is a take-home examination. DOJ Staff (Mr. Corn).
Sales and Leases (3 hrs.)
The course deals with the rights and responsibilities of participants in commercial transactions involving the sale or lease of goods. Coverage draws primarily on UCC Articles 2 and 2A, and centers on issues arising in the performance, rather than the creation, of sales and lease contracts: warranty responsibilities; delivery obligations; risk of loss; rights of inspection, rejection, revocation of acceptance, and cure; and the parties’ remedies for breach, including reclamation of goods. The course also considers pertinent cognate areas such as software licenses, documentary exchanges, letters of credit, and United Nations Convention on the International Sale of Goods. Prof. Miles.
Securities Civil Litigation (2 hrs.)
This seminar will cover private securities litigation, principally in the form of fraud-on-the-market class actions, from both a practical and policy standpoint. The goal is to use primary materials from actual litigated cases as a means to teach the applicable law in an interesting way based on how the issues arise in a real case. At the same time, these real cases will allow students to weigh the policy issues implicated by this type of litigation in a more concrete way. The instructor intends to include a simulation component, in which students will conduct moot arguments of motions in actual pending cases. Mr. Borden
Securities and Exchange Commission Student Observer Program (3 hrs.)
A clinical externship program under the supervision of Securities and Exchange Commission staff attorneys. Projects in the past have
involved the drafting of proposed statutes and rules, investigation of industry and issues practices, and litigation of civil enforcement actions and administrative proceedings. Students attend a weekly seminar at the SEC covering different topics in securities law. Students are required to devote 180 hours during the semester of enrollment (including time spent in the weekly seminar) to fieldwork activities at the SEC. Students in this program are subject to the commission’s conflict of interests rule. Completion of corporations, securities courses, and other related experience improves, but does not define, the student’s chances of being selected by the SEC for this limited-enrollment program. There is an early application process for admission to this course. Contact the clinical programs office for details. Students should not submit an application to participate unless they are prepared to accept a placement if selected. Grading is on a pass/fail basis.
Securities Markets Regulation Seminar (3 hrs.) — req. QP
This course provides an in-depth analysis of several themes central to the regulation of exchange and over-the-counter trading in domestic securities. Topics covered include purpose and operation of securities markets; the implementation of self-regulatory oversight with focus upon the relationship between the exchanges and broker/dealers and the exchanges and the Securities and Exchange Commission; regulation of broker/dealers; the implication of listed and unlisted trading; the development of the national market system and the system’s reliance upon intermarket communication and execution systems and brokers’ performance of fiduciary duties of best execution; order flow issues; alternative trading systems and competition in the securities market; and the impact of off-board trading restrictions. This course requires a qualifying course paper that fulfills one half of the upper-level writing requirement. Refer to Academic Rule XIII — Writing Requirement and Directed Research. It is strongly advisable, but not an absolute prerequisite, that students registering for the seminar have taken at least one securities course. Limited enrollment. Prof. Lipton, Mr. Ryan.
Securities Regulation: Derivatives and Their Markets (2 hrs.)
This course explores current issues affecting the regulation of financial market derivatives and oversight of derivative transactions under U.S. securities and commodities laws. Topics include the jurisdiction of the Commodity Futures Trading Commission and the Securities and Exchange Commission, interaction of securities and commodities statutes and regulations, registration and regulation of commodity market participants, administrative and injunctive enforcement powers involving violations of the Commodity Exchange Act, developments in self-regulation, and private rights of action. Course themes will cover such questions as: Why are derivatives important to the world of finance and business? How should these instruments be regulated? In what ways do the different approaches to regulation impact on the use of these instruments? Prerequisites: Corporations and prior or contemporaneous registration in another course in the securities program or previous experience in the field of securities. Mr. McCarty, Mr. Ruddy.
Securities Regulation: Enforcement Procedures
and Issues (2 hrs.)
This Securities Program offering introduces securities law students to the enforcement of the federal securities laws from the perspectives of both the SEC Division of Enforcement and defense counsel. Students learn how the division operates and how it investigates potential violations, how it interacts with other regulatory authorities, and how defense counsel represents clients in the enforcement process. The course also discusses current issues in securities law enforcement, including insider trading, financial fraud, and other types of matters. Students taking this course are required to contemporaneously take or previously have taken Corporations. It is suggested that students also contemporaneously or previously take a basic securities course. Mr. Faragasso, Mr. Sporkin
Securities Regulation: Mutual Funds and Investment
Advisers Act (2 hrs.)
This course covers federal regulation of the investment management industry, focusing primarily on the Investment Company Act
and the Investment Advisers Act, while also examining the impact of other federal laws, including the Securities Act, the Securities Exchange Act, ERISA, and the Internal Revenue Code. Topics of study include regulation of the operation, management, and distribution of mutual funds and other pooled investment vehicles, including closed-end funds and hedge funds. Class discussion includes analysis of business practices in light of the statutory and regulatory scheme, pertinent case law, and positions taken by the United States Securities and Exchange Commission. Prerequisite: Corporations. Mr. Kotapish, Mr. Puretz.
Securities Regulation: Issuance (3 hrs.)
This course focuses in depth on problems arising under the Federal Securities Act of 1933, dealing with matters such as the purpose and operation of the registration process, information distribution during an offering, the application of the registration process to the secondary distribution, understanding of who is an issuer and underwriter, defining a “security” and a “public offering,” availability of various transactional and security exemptions, and the imposition of civil and criminal liabilities for noncompliance with various regulations. Corporations suggested. Prof. Lipton, Mr. Panos.
Securities Regulation: Private Equity and Hedge Funds (2 hrs.)
This course covers the federal regulation of private equity funds, hedge funds and their managers. The course will also provide an overview of these funds and their place in the financial markets. From a regulatory perspective, the focus will be on the Investment Advisers Act, the Investment Company Act and the Commodity Exchange Act, as well as other laws and regulations that impact these funds and their managers primarily in how these funds are structured and offered and how their managers are regulated. Class discussion will include the role of the Securities and Exchange Commission, administrative practice and court cases, as well as the impact of the Dodd-Frank Act. Prerequisites: Prior or contemporaneous in some aspect of securities law. Portfolio and written exam. Portfolio option available only for those students in the Securities Law Program. Mr. Vaughan.
Securities Regulation: Securitization of Assets - A Transactional Approach (2 hrs.)
The securitization of assets is a process that has vastly expanded the ability of leaders and business in general to expand operations beyond equity and borrowed capital owned by such firms. The implementation of securitized transaction requires the drafting of complex documents, the gathering and direction of a variety of skilled attorneys, financial experts, and investors, negotiating the often competing interests of these parties, conducting required due diligence investigations and understanding the financial mechanics underlying the transaction. These skills and others are honed through the course allowing the students to develop a portfolio of writing documents that satisfy a writing requirement. Corporations is prerequisite of contemporaneous selection for the course. Securities Issuance or Securities Trading is recommended but not required. Mr. Gross.
Securities Regulation: Trading (3 hrs.)
Primary emphasis on the Federal Securities Exchange Act of 1934.
The course probes matters such as regulation of the securities
markets and the securities industry, annual and periodic reporting
requirements and the integration thereof with the 1933 Act, regulation of broker/dealer activities and prevention of market manipulation, trading exchanges and the system of self-regulation, concerns
arising during takeover actions and corporate repurchases, insider
trading, securities fraud, civil liabilities arising under the 1934 Act,
collateral violators and the role of corporate counsel. Corporations
suggested. Mr. Lipton.
Securities Regulation: See also Financial Institutions Regulation
Space Law (2 hrs.)
Outer space is an infrastructure element of developed nations and is gaining similar importance to developing nations. Governments and commercial entities deploy satellites for terrestrial purposes, including mineral exploration, communications, navigation, law enforcement, vehicle and vessel tracking, and weather prediction. Traditional military uses of satellites include surveillance, arms control verification, ballistic missile detection, and early warning. Advanced technology experimentation is taking place on the International Space Station. While occasional space tourists have visited the station, numerous individuals are signing up for commercial tours to space and back in a new generation of reusable spacecraft. Robotic space craft continue to explore and send back spectacular images of deep space and distant stars, while preparations are underway in the United States, Japan and China for returning mankind to the moon, and in the United States, to Mars using moon resources. Outer space activities are conducted within a broad framework of international law, including a series of outer space treaties, domestic law, and the International Space Station Agreement. Students discuss legal and programmatic roles of the United Nations, International Telecommunications Union, NASA, the European Space Agency, the U.S. Departments of Transportation and Commerce, and space agencies of other nations. Students gain understandings of rights to explore and exploit outer space resources, liability for damages caused by spacecraft, special status of astronauts, permitted and prohibited military activities, use of nuclear power sources in space, rights of states to data obtained by other states’ remote sensing technology, licensing regimes for launch and reentry of commercial spacecraft, and standards governing space tourism. Students have the option of writing a paper in lieu of a final examination. Mr. Carroll, Ms. Walker.
Spanish for Lawyers (2 hrs.)
This course is aimed at helping lawyers, law students, practicing lawyers and legal professionals who have an intermediate to high level of Spanish speaking skills. Fluency is not essential. In this course, students will develop and improve the necessary cultural and linguistic competence needed for discussing legal matters in Spanish. Students receive hands-on training for client-lawyer interactions and develop awareness about customs, beliefs and etiquette found in Spanish speaking countries. This course is taught in Spanish. Prof. Campos-Dintrans
State Constitutional Law (2 hrs.)
Since the publication of a seminal law review article by Justice William Brennan in 1977, a revival has taken place in exploring the independent meaning and additional protections afforded by state constitutions. Finding the federal courts unreceptive to their pleadings or determining that state courts provide a more welcoming venue, advocates for various causes now regularly employ state constitutions to challenge problematic government policies or to protect fundamental rights. Recently the Conference of Chief Justices of State Supreme Courts suggested that all law schools offer a course on state constitutional law. They commented that state constitutions contain “substantive provisions and declarations of rights that are often greater than federally guaranteed individual rights and liberties.” Cases involving same sex marriage, school finance, religious freedom, tort reform and capital punishment are but a few of the issues litigated in recent years under state constitutional law. This course will explore the issues and alternatives presented by state constitutional litigation and will consider the general principles and recurring themes arising under state constitutions. The course text will be “State Constitutional Law” by Marks and Cooper (Nutshell Series) and duplicated case readings. Students will also be encouraged to select and direct their attention to the constitution of a particular state. This will provide an understanding of constitutional matters arising in the state in which students intend to practice, their home state or any other state of their choice. Students will be expected to write a paper of at least 15 pages in length that advocates a particular interpretation or result under a state constitution that the U.S. Supreme Court either has not reached or has rejected. This paper can take the form of a brief to the state’s highest court or a judicial opinion. Alternatively, students can elect to draft a paper in favor of a state constitutional amendment that would advance the cause of constitutional government or provide rights that the student believes ought to be recognized in the 21st century. The paper will account for three-quarters of the course grade. Each student will make a presentation in class based on the paper. Class presentations and class participation will account for the remainder of the course grade. At the discretion of the instructor, the paper may be expanded in size to satisfy one-half of the upper level writing requirement. Mr. Higgins.
Starting and Managing a Solo Law Practice (1 hr.)
This course will provide hands-on instruction for establishing and maintaining a successful solo law practice. You will learn and apply the requirements needed to set up a law practice and the practical aspects of law firm management. Throughout the course, you will create Articles of Organization, a marketing plan, client letters and a cash flow budget for a law office. The course will also pay particular attention to the Rules of Professional Conduct and the requirements of the Attorney Grievance Commission. A discussion of why it is important to distinguish the law as a profession and not simply a business endeavor will conclude the seminar. This course will be graded on a pass/fail basis. Ms.Clark, Ms. Nichols.
Telecommunications Law, Policy, and Core Technologies (3 hrs.)
This Communications Law Institute survey course encompasses the historical and contemporary treatment of telecommunications, including the Telecommunications Act of 1996. Topics include the
history and development of common carriers in general (carriers by water or by rail); the development of communications common carriers (carriers by wire, i.e., telephone and telegraph); the emergence of common carrier regulatory theories and policies; telecommunications legislation; government intervention in the regulatory process; and the emergence of competition. A major component of the course includes the growth and composition of information processing and telephone/telecommunications industries, their increasing interdependence, and the evolving regulatory environment regarding this phenomenon. This component also includes a study of the FCC’s computer inquiry decisions, current legislative and judicial initiatives, and their anticipated impact on the information processing and telecommunications industries. Significant emphasis is placed on emerging wireless and broadband services. Enrollment limited to 25 students. Noninstitute students may elect this course on a space-available. Prof. Gregg.
Torts (4 hrs.)
A study of the noncontractual obligations that an individual in society owes to others according to the common law and statutes.Emphasis is placed on intentional acts violating legally protected interests, such as assault, battery, and false imprisonment; negligent conduct resulting in injury; causation; traditional forms of liability without fault and the more recent development of strict liability for defective products. Prof. Kelly, Prof. Ogilvy, Prof. Perez, Prof. Rienzi, Prof. Scordato.
Trademarks and Unfair Competition (3 hrs.)
This course covers the nature and subject matter of common law and statutory trademark protection, including distinctiveness, genericism, and the development of secondary meaning; the acquisition, retention, and scope of trademark rights; the registration process and its effect; infringement issues, dilution, rights of publicity, false advertising, parody and counterfeiting. Students may not take both this course and Trademark Law. Prof. Winston.
Trial Practice (3 hrs.)
A semester-long limited enrollment course covering the role of the advocate in the trial process. The course deals with the various facets of trial court litigation including voir dire of jury panel, opening and closing statements, direct and cross-examination of witnesses, and presentation of exhibits. The course includes tactical and ethical problems that confront trial lawyers in both civil and criminal cases. The course ends with a mock jury trial involving either a criminal or a civil case. Limited to 16 students. In case of over-enrollment, preference is given to students who have not taken another Trial Practice or Trial Skills course. The course is either graded or pass/fail at the discretion of the instructor. If graded, the course grade is based on student performance during the semester. Prerequisite: Evidence. Prof. Attridge, Mr. Balter, Mr. Barger, Judge Boynton, Ms. Carr, Ms. Frey-Balter, Mr. J. Williams, Mr. O'Connor.
Trial Practice: Advanced (3 hrs.)
This course is a semester-long limited enrollment course, which affords those intensely interested in litigation an opportunity to increase and refine their trial tactics and skills. This course provides an opportunity to enhance effectiveness as a litigator in many areas such as direct examination, including use of documentary evidence, cross-examination with emphasis on impeachment skills, expert testimony, exclusion of evidence through motions and objections, jury selection, and opening statements and closing arguments.Videotapes are used to instruct, and exercises are taped for your self-critique. The course ends with a mock jury trial. Prerequisites: Evidence and Trial Practice or Trial Skills. Prof. Barracato.
Trial Skills: A Criminal Case (3 hrs.)
This course has the same content as Trial Practice with two exceptions: (1) the course covers the role of the advocate in the trial process of a criminal case, and (2) there is no mock jury trial at the end of the semester. Limited to 16 students. In case of over-enrollment, preference will be given to students who have not taken another Trial Practice or Trial Skills course. This course is graded on a pass/fail basis. Prerequisites: Criminal Procedure: The Investigative Process; Evidence. Mr. Barger.
Trusts and Estates (4 hrs.)
A study of the inter vivos and testamentary means of gratuitously disposing of property among family and friends. Consideration is given to the rules of intestate succession; the execution, revocation, and contest of wills; the creation and operation of private and charitable trusts; some applications of the remedy of constructive trust; the use of will substitutes; the use of powers of appointment; and construction problems commonly encountered when provision is made for the enjoyment of property by beneficiaries over an extended period of time. Consideration is also given to problems of probate reform. Mr. Davis, Rev. O’Brien, Prof. Silecchia.
Unincorporated Business Organizations (3 hrs., one semester)
This course examines the nature, purpose, and types of unincorporated business organizations: general partnerships, limited partnerships, limited liability partnerships, and limited liability companies. Within the context of studying the formation, financing, management, operation (including the respective powers, rights, and duties of the owners), and termination of these organizations, this course compares and contrasts the corporate form of doing business. An additional important element of this course covers substantially all of the traditional Agency Law areas, such as fiduciary rights and duties and the potential contractual and tort liability (i.e., vicarious liability) of businesses to third parties for the actions or inactions of their agents. Some time is spent on reviewing the main business agreements (e.g., a partnership agreement and the operating agreement), as well as important transactional documents. This course is intended for those students who want to study business entities in more detail (in addition to corporations), plus learn a good deal about the basic principles and concepts of agency law. For those students who prefer a more concentrated study of agency law, with no additional coverage of business entities, they may want to consider the course entitled Agency Law. Mr. Wyrsch.
Virginia Bar Preparation and Procedure, (3 hrs.)
Open to graduating day and evening division students. This course combines two former two-credit courses: Virginia Practice and Procedure, and Bar Preparation. The purpose of this course is to introduce students to the substantive knowledge, thought process, and writing skills needed for success on the Virginia Bar Exam. Students apply the reasoning skills and legal principles learned in law school to actual Bar Exam questions. Based on experience with previous Bar Exam applicants, the principal classroom methodology will be an iterative “loop” of practice-testing and analysis. The Virginia-specific portion, which comprises the majority of the course, includes lectures on heavily-tested topics, with an emphasis on Virginia civil procedure. Students receive incremental feedback by having selected essays hand-graded and by meeting individually with the instructor to discuss their progress. Grading is Pass/Fail based on timely and complete submission of assignments. Students are expected to complete weekly assignments. Regular and punctual attendance at class meetings or equivalent course exercises is a condition of receiving credit in all courses. If a student misses more than two hours of coursework for each credit hour assigned to the course, the instructor may direct the dean's office to exclude the student from the course. PLEASE NOTE: This course is not a substitute for a complete Bar Exam review course subsequent to graduation. Credit is not granted for both Strategies for the Bar Exam and Virginia Bar Preparation and Procedure. Mr. Flinn.
Virginia Criminal Defense Clinic (4hrs.)
The Virginia Criminal Defense Clinic is a four-credit, one-semester course that provides eligible students with a rigorous and intensive exposure to criminal defense practice through a combination of actual trial practice and classroom work. Students are assigned to work in a public defender’s office, where they defend criminal cases in the trial or juvenile courts.
After a short orientation, students are given a docket of cases for which they are responsible. Under the supervision of an assistant public defender, the students engage in investigation, plea bargain negotiations, motions practice, and criminal trials to the court. In addition, students have many opportunities to evaluate different styles of lawyering by watching criminal trial lawyers in action. To supplement and refine their practice experience, students attend a weekly class in which they discuss their pending cases and what they have encountered in court.
Students must be eligible for certification under the Virginia student practice rule, which requires, among other things, completion of at least four semesters of legal studies and the completion of courses in criminal law, professional ethics, evidence, and procedure.
Vis International Arbitration Moot (2 hrs.)
The Vis International Arbitration Competition is the premier international arbitration moot court in the world. Competitors come from more than 150 universities in 50 different countries. During the year, students write two full-length (35-page) briefs on a complex case in an international business transaction. Following completion of the briefs, the CUA team travels to Vienna, Austria, for a weeklong competition where they square off in four rounds of oral arguments before panels of three arbitrators. The arbitrators are typically leading international arbitration lawyers from around the world. To maximize the learning experience, the organizers of the Vis match schools from common-law countries against schools from civil-law countries and place them before arbitrators drawn from both legal traditions. Mr. Weinstein.
White Collar and Business Crimes (2 hrs.)
This course includes a review and analysis of (1) general principles of white collar criminal prosecution and defense, including jurisdiction of various federal and state criminal law enforcement and prosecutorial agencies; (2) the scope of applicable federal criminal laws and some state laws regarding white collar and business crimes; (3) fraud and political corruption crimes, with a focus on federal crimes of mail fraud and bank fraud, and crimes involving official bribery and gratuities; (4) financial and securities fraud, RICO, money laundering, and asset forfeiture; (5) organizational crime statutes such as conspiracy, federal and state racketeering, and continuing criminal enterprise statutes; (6) regulatory crimes in the health and environmental areas; (7) crimes involving the protection of federal rights and functions, including perjury statutes, obstruction of justice, and witness tampering; and (8) the Federal Sentencing Guidelines and the use of minimum mandatory sentences. This is an exam course. Mr. Berthiaume.