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. La Belle. [Catalog 201, 261]
Advanced Criminal Procedure: Anatomy of a Homicide (3 hrs.) - PW, EL, TP
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. Gorman. [Catalog 669]
Advanced Issues in Corporate Law - Corporations and Human Rights (2 hrs., Rome)
Throughout the world, corporations play increasingly important roles with respect to human rights. The manner in which corporations deal with natural resources, supply chains, the environment, and a host of other issues, as well as the ways in which corporations interact with international, national, regional and local authorities, can profoundly impact human rights. This course will address the role of corporations in human rights issues, consider some of the most significant existing and emerging legal rules and norms with respect to global business and human rights, and look at both opportunities and obstacles to legal protection of human rights in the international business arena. Prof. Duggin. [Catalog 405]
Advanced Issues in Corporate Law - Human Rights Compliance (2 hrs.)
Throughout the world, corporations play increasingly important roles with respect to human rights. The manner in which corporations deal with the human costs of supply chains, including child labor and modern-day slavery; water rights; extraction of natural resources; environmental impacts; conflict zones; and a host of other issues can profoundly impact human rights. In recent years, a whole new discipline of human rights compliance has begun to emerge in both the public and private sectors, and law firms and other professional organizations are developing new practice areas in the field. This course will address the role of corporations in human rights issues, consider evolving regulations and norms with respect to global business and human rights, and study the practices and tools used by lawyers and other professionals practicing in the field of human rights compliance. Prof. Duggin. [Catalog 405E]
Advanced Legal Research and Writing (3 hrs.) — AW
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. Ms. Baskir, Prof. Harmon.
Advanced Tort Law (3 hrs.)
This course is designed as a supplement to the required first-year four-credit-hour course in Torts. It picks up coverage where at least one offering of that course concludes. As such, it examines traditional strict liability, vicarious liability, the problem of multiple tortfeasors (joint and several liability), immunities, products liability, nuisance, defamation, damages, invasion of privacy, misrepresentation and intentional interference with business relations. The two courses together offer a thorough examination of all tort law topics tested on the bar examination of any jurisdiction. The course also exposes students to a large number of actual previous bar examination questions, offering an opportunity for students to practice the questions and to participate in close analysis of them. Prof. Scordato. [Catalog 438]
Agency Law (2 hrs.)
This course is a basic survey of agency law doctrine and policy. Agency law addresses the general circumstances by which one natural or legal person (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. Specific topics to be covered include the definition of agency and the creation of the agency relationship; capacity of persons; 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 third parties; and termination of the agency relationship. Agency law is tested on the Maryland, Virginia, District of Columbia and many other state bar examinations. Prof. Scordato. [Catalog 302]
Agency and Partnership (2 hrs.)
The first part of this course examines agency law. Agency law addresses the general circumstances by which one natural or legal person (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. The major areas to be covered include the nature and creation of agency relationships, the rights and duties of the principal and agent, a principal's potential contractual and vicarious liability for agent dealings with third parties, and the termination of the agency relationship. The second part of the course focuses primarily on general partnerships, and then limited partnerships. The purpose, formation, operation and termination of partnerships will be examined. Agency and partnership law is tested on the Maryland, Virginia, District of Columbia and many other state bar examinations. Mr. Carlin, Prof. Scordato. [Catalog 519]
Alternative Dispute Resolution Techniques (1 hrs, Cracow)
This course focuses on general analyses of the Alternative (to litigation) Dispute Resolution's three processes: negotiation, mediation and arbitration. It is designed to introduce students to both theoretical knowledge and the processes and skills they need to practice in these areas. The course also focuses on ethical issues and legal analysis relevant to the ADR methods. Dr. Skrodzka. [Catalog 629]
American Constitutional Theory (2 hrs.)
This course will examine the connections between political theory and American constitutional theory, including originalist and non-originalist theories. Topics include the relationship between the individual and society, how much deference (if any) is owed to the decisions of prior generations, and the historical development of American constitutional theory. Students will read works by important political theorists like John Locke and Edmund Burke, as well as significant works of constitutional theory by scholars like Randy Barnett and David Strauss. Students who have taken the 'Human Rights and the Liberal Society' course in Rome are not eligible to take the 'American Constitutional Theory' course. Similarly, students who have taken 'American Constitutional Theory' may not take 'Human Rights and the Liberal Society'. Prof. Alicea. [Catalog 604B]
American Indian Law (1 hr.)
This course surveys the law governing Indian tribes and their members. Topics include the history of Federal Indian law and policy; relationships among Indian tribes, states, and the federal government; the scope of congressional "plenary power" over Indian affairs; civil and criminal jurisdiction in Indian country; Indian religion and culture; water, fishing and hunting rights; and self-determination and nation building. This is an exam course. Prof. Watson
. [Catalog 680]
Anatomy of a Civil Case (2 hrs.) - EL
This course is designed to give students a practical understanding of a typical state court civil litigation, using a sample case and issues. Students will "litigate" a sample case from start to finish, with a focus on the practical, logistical and business aspects of litigation not typically covered in a civil procedure course. In this regard, most classes will be structured to provide for ample discussion of common issues encountered in civil litigation, stemming from real-life examples of pleadings, discovery documents, settlement negotiations, etc. In most classes, it will be necessary to break the class into "plaintiffs" and "defendants" to facilitate a discussion (and, perhaps, debate) on various topics. Woven throughout all classes will be discussions regarding the "business" aspects of civil litigation, as well as potential ethical issues to consider. Mr. Germano. [Catalog 670]
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. Perez. [Catalog 581]
Appellate Advocacy (2 hrs.) — PW, EL
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. The final grade is based on evaluation of the student’s written work, oral advocacy, and class participation.
Ms. Fair. [Catalog 401]
Applied Legal Studies (4 hrs.)
This course offers to students a review of all seven subjects that are currently tested on the Multistate Bar Examination: Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Property, and Torts. For each subject, students will be offered a review of all or some critical portion of the legal doctrine in that subject area that is tested on the Multistate Bar Examination, followed by detailed in-class analysis of actual Multistate Bar Examination questions and, in some cases, state essay questions in that subject. The final exam in the course will consist of multiple-choice questions designed to look very much like actual Multistate Bar Examination questions. Prof. Attridge, Prof. Colinvaux, Prof. Fishman, Prof. Rienzi, Prof. Schooner, Prof. Scordato [Catalog 746]
Art Law (3 hrs.) - AW
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. merchandising, corporate sponsorship; use of facilities); and some First Amendment issues relating to visual art.
The course has a practical focus; one of the goals is to introduce students to some of the many possible careers that you might pursue in various aspects of art law. We incorporate many great speakers from DC's very extensive local art and museum community. In addition, some classes are held as field trips, to experience the DC art scene first-hand. The approach of this course is to paint with a broad brush. As a seminar, we will focus on discussing broad themes and issues in a fairly wide-ranging way, rather than, as in some other courses, the minutiae of a smaller number of doctrines. 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. Prof. Fischer
Becoming a Lawyer (1 hr.)
This one-credit, on-line, pass/fail 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.
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 gives a presentation in class on a topic relating to the fieldwork. 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. Mr. McDermott. [Catalog 927A, 927B, 927S]
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. Mr. Castro. [Catalog 432]
Business Torts and Unfair Competition (2 hrs.) - EL, PW
Try as they might, businesses cannot contract to eliminate every risk of doing business with others. Through intentional or delinquent conduct, businesses regularly expose themselves and others to substantial losses. Depending on the nature of the conduct and the scale of resulting injuries, these losses can greatly exceed typical contractual liability. This course will explore the underlying principles of business tort recovery, the economic loss rule, as well as a range of specific causes of action, including fraud, misrepresentation, tortious interference, misappropriation, breach of fiduciary duty, and deceptive trade practices. The focus of each class will be legal and practical strategies for prosecuting and defending such claims. Mr. Carlin. [Catalog 293]
Campaign Finance Law (2 hrs.)
The purpose of this course is to provide a basic understanding of how the financing of elections is regulated at the federal and state levels. This will be accomplished through analysis of the Federal Election Campaign Act as amended (FECA), along with the case law surrounding these statutes and their related regulations within the context of the First Amendment. The course will emphasize a practical preparation for the practice of law in this area through the examination of these sources of the law, along with an introduction to the institutions that regulate campaign finance, and how these affect various types of political entities. Students will be encouraged to monitor developments during the course and should expect broad discussions regarding the philosophical and practical issues relating to campaign finance regulation. The major topics covered include: Political Committee Status; Defining Contributions and Expenditures; Federal Election Activity; Coordination and Independent Expenditures; Solicitation; Public Funding; How the Federal Election Commission Works; Introduction to State Campaign Finance Regimes; and Research and Analysis Techniques. Mr. McCurry. [Catalog 459]
Civil Procedure (6 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. Alicea, Prof. Kelly, Prof. La Belle. [Catalog 107, 107B, 167, 168]
Civil Rights Law (3 hrs.) - PW, EL, TP
This course serves as an introduction to various federal civil rights laws that prohibit discrimination on the basis of race, sex, gender identity, religion, national origin, disability, and various other identity statuses. We will explore statutes that have transformed America's modern landscape, including the Civil Rights Act of 1964, the Fair Housing Act of 1968, the Voting Rights Act of 1965 and the Violent Crime Control and Law Enforcement Act of 1994. Issues covered will likely include employment, housing, voting, education, policing/criminal justice, affirmative action, hate crimes, and other issues of interest to students. Throughout this course, we will discuss the historical origins and context of these laws, whether they offer adequate protection to various groups of people, and whether they continue to be relevant today. We will also examine the legal standards required to prevail in the enforcement of these laws and prevalent defenses. These laws and issues will be analyzed through constitutional principles, case law, regulations, politics, policy, history, and current events. Prof. Colinvaux. [Catalog 648]
Columbus Community Legal Services: Families and the Law Clinic (5 or 6 hrs. for new students; 3 hrs. for continuing students) - PW, EL, TP
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.
Students new to the clinic will register for five or six credit hours; students approved to continue in the clinic will register for three credit hours. This course is graded, with a pass/fail option with permission of the course professors. A student may request to complete a writing portfolio which fulfills a portion of the upper-level writing requirement. Prof. Klein, Ms. Leigh [Catalog 945]
Columbus Community Legal Services: Immigrant and Refugee Advocacy Clinic (5 or 6 hrs. for new students; 3 hrs. for continuing students) — PW, EL, TP
This clinical program offers students the opportunity to advocate for immigrants and refugees in courts, administrative proceedings, and policy forums. Students, under the supervision of a clinic attorney, represent low income clients living in D.C., Maryland and Virginia who have experienced political persecution, violence or humanitarian crisis in their home countries. The Immigrant and Refugee Advocacy Clinic (IRAC) assists clients with immigration matters as well as related civil matters that affect, or relate to, the client's immigration status. Our clients include adults as well as unaccompanied minors. The caseload of the clinic consists primarily of immigration matters with involvement in related family law, employment, and public benefits matters as needed. Students eligible for certification under the Student Practice Rule may have the opportunity to present their clients' cases in court and all students are eligible to advocate on behalf of clients with local and federal administrative agencies. Students also participate in limited legal assistance projects or policy reform initiatives. The classroom component of the course includes participatory exercises in interviewing, fact investigation, counseling, trial skills and structured discussion of legal ethics, case law and statutory developments.
Students enrolled for six credits are expected to spend a minimum of 20 hours weekly on clinic work. Continuing students may enroll for 3 credits, but only with the prior approval of Professors Brustin. The course is graded, with a pass/fail option, with permission of the course professor. A student may request to complete a writing portfolio which fulfills a portion of the upper-level writing requirement. Prof. Brustin. [Catalog 901D]
Columbus Community Legal Services: Low Income Tax Clinic (5 or 6 hrs. for new students; 3 hrs. for continuing students) — PW, EL, TP
CCLS's Low Income Taxpayer Clinic (LITC) provides direct representation to low-income taxpayers in controversies with the Internal Revenue Service (IRS) dealing with such issues as return filing, IRS correspondence examinations and IRS face-to-face examinations, IRS collections and appeals to the IRS. CCLS's LITC will also, as necessary, assist taxpayers with judicial review before the United States Tax Court. The clinic will also develop a taxpayer education workshop which will cover such topics as an overview of the IRS and federal income tax systems, the importance of proper completion of the W-4, different filing statuses, dependents, deductions and various tax credits, specifically, but not limited to, Earned Income Tax Credit, home ownership credits, child credits and education credits. At each taxpayer education workshop, taxpayers will also have an opportunity to obtain limited advice and consultation regarding their personal tax issues.
Students involved in this course will provide low-income Maryland, District of Columbia, and Virginia residents with direct case representation before the IRS, local taxing authorities in Maryland and the District of Columbia, and the United States Tax Court. Students will also engage in such activities as conducting limited advice clinics for Maryland, District of Columbia, and Virginia residents, conduct community education and outreach programs for Maryland, District of Columbia, and Virginia based organizations and their members, and develop and conduct taxpayer education outreach programs.
LITC is open to all 2nd and 3rd year students and there are no prerequisites. There is a mandatory weekly class seminar. Students new to the clinic will register for 5 or 6 credit hours; students approved to continue in the clinic will register for 3 credit hours. This is a graded course with a pass/fail option at the discretion of the professor. The 5 credit option requires a 17 hour per week commitment and the 6 credit option requires a 20 hour per week commitment. The time commitment for the 5 and 6 credit options includes the weekly seminar. Prof. Kurth, Ms. Leigh
[Catalog 890B] Commercial Transactions (3 or 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. Mr. Danzig, Prof. Miles, Prof. Schooner. [Catalog 466]
Comparative and International Trade (2 hrs., Cracow)
This course concentrates on the public regulation of international trade and policy of the world's major trading partners. It examines problems of import and export controls, response to unfair practices in international trade, dumping and subsidies, antidumping and countervailing duties, as well as international monetary policy and international investment. Students are introduced to the basic regulatory scheme of the WTO/GATT System, to the policies of Free Trade Areas and Custom Unions and to trade with the European Union and with non-market economies. The emphasis is on U.S. regulation of international trade, the distribution of national powers to deal with transnational problems, presidential powers to regulate international economic affairs, escape clauses and safeguards under GATT and U.S. law and retaliation against unfair trade practices. Prof. Ludwikowski. [Catalog 672]
Comparative Law (2 hrs.) — AW
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. On occasion, this course may be offered as a three-hour course for administrative convenience. Prof. Fischer, Prof. Watson. [Catalog 637]
Compliance, Ethics and Corporate Responsibility (2 hrs)
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. [Catalog 405B]
Conducting Internal Investigations (1 hr., first half of semester)
This course focuses on legal, ethical and practical issues that arise in conducting internal investigations of corporations and other entities. Participants will explore the reasons organizations conduct internal investigations, consider approaches to different kinds of inquiries, and work on developing the skills necessary to conduct effective investigations. The course is designed for students interested in pursuing legal careers in compliance and corporate responsibility or in representing corporations and other entities as in-house or outside counsel. No prerequisites; Corporations recommended. Prof. Duggin, Ms. Giunta, Ms. Rodin. [Catalog 405C]
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, Dean Payne, Prof. Perez. [Catalog 407, 471]
Constitutional Law I (3hrs.)
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. Alicea, Prof. Duggin, Prof. Hartley, Prof. Rienzi. [Catalog 114]
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. Hartley, Prof. Rienzi. [Catalog 604]
Construction Law (2 hrs.) - EL
On any given day, construction lawyers deal with issues ranging from contract law, civil procedure, land use, zoning, torts, employment, ethics, consumer protection, commercial transactions, and insurance and suretyship. Students enrolled in this course will gain a valuable understanding of the business and legal principles underpinning the construction industry. The course will be structured to include a hypothetical project in the D.C. area. Depending on the lesson, students will assume the role of attorney for the project's owner, the contractor, the architect, or the tenant(s). The course will follow a typical lifespan of a construction project, from project inception to selecting an architect, selecting a contractor, constructing the building, to selling the project to a new owner and/or renting it to a tenant(s). Along the way, students will encounter legal issues that arise and discuss them as a group. Woven through all classes will be discussions regarding the business aspects of construction law, as well as potential ethical issues. Mr. Germano. [Catalog 768B]
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. Winston. [Catalog 119, 120, 179, 180]
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. [Catalog 542]
Corporations (3 hrs.)
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. Schooner. [Catalog 206, 452]
Criminal Defense Clinic (4 hrs.) - EL, TP
The Criminal Defense Clinic is a four credit, one semester course which 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 relevant state student practice rule. This course is graded on a pass/fail basis. Ms. Brice, Ms. Carpenter. [Catalog 912A]
Criminal Justice Reform: Policy and Politics in the 21st Century (2 hrs.)
With more than two million adults and children behind bars, the United States leads the world in its rate of incarceration. In recent years, politicians and leaders across the political spectrum have recognized that our criminal justice system is fundamentally broken and in desperate need of reform. And yet there are tremendous political barriers to achieving such reform. This seminar will explore the myriad ways in which American criminal justice is flawed, policy measures designed to repair the system, and the prospects for meaningful reform in the current political context. This seminar will examine several key questions. How did the current crisis in criminal justice come about? What are some of the most pressing aspects of the crisis today? And what reforms are available and politically feasible? Further, the group will examine an array of substantive topics, such as mass incarceration; access to counsel; race and class-based discrimination in the system; and the realities of incarceration in the 21st century, including over-crowding and solitary confinement. Prof. Drinan. [Catalog 606A]
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. Leary, Dean Payne. [Catalog 129, 275]
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. Leary, Mr. Dietrich. [Catalog 454]
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. Drinan, Prof. Leary. [Catalog 664]
Criminal Prosecution Clinic (4 hrs.) - EL, TP
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 and attend a weekly, two-hour seminar 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 number of students accepted depends on the number of positions available at the relevant office. Priority is given first to applicants who applied to participate in a previous semester, but were not enrolled. Second priority is given to third year students. Prerequisites for this course are Criminal Procedure and Evidence. Grading is pass/fail. Ms. Fenton. [Catalog 974]
Cyberlaw (3 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. Mr. Savage. [Catalog 496]
D.C. Modern Prosecution Program (4 hrs.) - EL, TP
This experiential program is designed to introduce students to practices and trends in modern prosecution practice. A partnership with the District of Columbia Office of Attorney General (OAG), this program will teach each student how to be an effective prosecutor by allowing students to work directly with OAG prosecutors in handling select juvenile and adult criminal cases pending in the District of Columbia Superior Court. Students will be taught by OAG prosecutors how to work through juvenile and adult criminal cases. Students will be assigned specific cases for which they will be responsible to handle in conjunction with the lead prosecutors from beginning to the end of cases. The work will include conducting legal research, drafting motions, investigating and evaluating cases, working with witnesses, and developing compelling arguments to further the cases. The program, through pre-trial work and a classroom component, will focus on helping students acquire and develop basic pre-trial and trial lawyering skills essential to effective prosecution. Students will become familiar with substantive legal principles that arise frequently in criminal prosecution, such as self-defense and aiding and abetting. Students will also learn how to work through ethical issues germane to juvenile and adult prosecution.
In addition, students will be taught how to analyze cases through the lens of a modern prosecutor. Students will learn about juvenile and adolescent brain development and its effect on delinquency. Students will also learn about alternatives to traditional prosecution, such as restorative justice and diversion. Through discussion with the course instructor and classroom guests, students will learn to think critically about how to reduce crime and positively impact the lives of the individuals connected to their cases. Students are expected to devote 16 hours per week to work in the OAG and attend a weekly, two hour, seminar designed to prepare students to work effectively and ethically in a prosecutor's office. Students will be required to complete assigned substantive writing projects related to their work. These projects will be evaluated by the instructor.
The number of students accepted into the Program depends on the number of positions available at the OAG. Students must be two thirds through law school as per court rules. Prerequisites for this course are Criminal Procedure and Evidence. Grading is pass/fail. Mr. Brevard
. [Catalog 974B]
Digital Assets/Cryptocurrency (2 hrs.)
This seminar will examine cryptocurrencies like Bitcoin, Ether and Ripple's XRP, and their possible roles as commodities, payment instruments and investments. It will also explore "Initial Coin Offerings" ("ICOs") - fundraises by startups identifying technology-based problems and proposing the sale or financing of technology-based solutions.
Cryptocurrencies and ICOs have recently attracted more attention, and investment dollars, than early stage venture capital. However, governmental authorities around the world worry that they are underregulated (or unregulated), pointing to a recent spate of fraud, market volatility, and potential money laundering associated with virtual transactions. This seminar will explore the regulatory framework for digital currencies and payments, and examine the evolving reforms and regulatory efforts arising in the sector. The course will cover topics including the differences between key cryptocurrencies; the varying regulation of cryptocurrencies and ICO tokens as "commodities" versus "securities"; the mechanics of an ICO; and money laundering and bank secrecy laws. Prerequisite: A course in securities or permission of the instructor. Mr. McCarty. [Catalog 501B]
Directed Research (2 hrs.) - AW
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 Affairs before the end of the add/drop period for the semester. Faculty. [Catalog 941]
E-Discovery (1 hr.)
This course presents an overview of e-discovery law, as well as an examination of its practical implications for modern commercial litigation and other contemporary practices areas. E-Discovey has assumed a prominent role in contemporary practice because of its breadth, scope, cost, and overall importance to the conduct of civil litigation. Aspects of E-Discovery -- and data collection generally -- permeate virtually all aspects of today's legal practice and relate to core areas such as evidence, civil procedure, ethics, and trial practice to cite but a few. Upon completion, students will have an understanding of the substantive rules, statutes and case law that govern e-discovery, as well as the issues that practitioners face on a daily basis. In addition, the practical component of the course teaches students about the technical aspects of e-discovery (e.g., data collection) and practice-based skills (e.g., discovery related motion practice). Mr. Berry. [Catalog 450A]
Election Law (2 hrs.)
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. Mr. McCurry. [Catalog 427]
Entertainment Law (2 hrs.) - AW
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. [Catalog 846]
Environmental Justice (2 hrs.)
This seminar covers the foundations of, and current developments in, the field of environmental justice, and cultivates lawyering skills to proactively engage in this area of law and policy. Environmental justice - as a field of study, practice and citizen activism - grew out of the civil rights movement, supported by statistical evidence that marginalized and disenfranchised communities, often of color and lower income, are more likely to be proximate to industrial activities with residents exposed to negative environmental and public health conditions. The course focus is largely on U.S. environmental justice issues and practice. However, readings and discussions will address environmental concerns that extend beyond U.S. borders - including climate justice and disaster justice. Ms. Dunn [Catalog 730B]
Environmental Law (3 hrs.)
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. Mr. Breen, Prof. Silecchia. [Catalog 730]
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. Prerequisites: None (Federal Income Taxation recommended). Prof. Jefferson.
Ethical and Philosophical Approaches to Human Rights (2 hrs.)
This course serves as a historical, ethical, and philosophical introduction to various traditional and new human rights. For each human right we will discuss the historical origins, one battle related to that right, and the ends, values and principles that govern the topic. The course begins by discussing how courts, authorities, researchers, and people deduce human rights (the methodological question). This discussion will provide the participants with some key intellectual tools that will later help them to analyze many topics. Then, the following topics will be discussed: bioethics, life, health, transhumanism and human rights; environmental rights; political rights; freedom of movement, residence, domicile and assembly; the right to home, to the traditional land and to global citizenship; family rights; indigenous peoples and minorities; identity, the right to fashion, cultural rights; the new wave of digital rights; the right to feast and festivals, to hope, to dialogue, and to the city, among other new proposals. 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. There are no prerequisites for this course, and scientific background is not required. Dr. Riofrio. [Catalog 799C]
Evidence (4 hrs.)
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. Attridge, Prof. Leary, Prof. Rienzi, Mr. Dietrich, Mr. Sharifi. [Catalog 223]
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. [Catalog 622]
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. Kirk. [Catalog 704]
Federal Courts (2 or 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. Mr. Driscoll, Prof. Hartley. [Catalog 633]
Federal Criminal Litigation (2 hrs.) - PW, EL
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, Mr. Salem. [Catalog 448]
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. [Catalog 229, 290]
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. Thomson
. [Catalog 644]
Federal Rulemaking Clinic (3 hrs.) - EL, PW, TP
Federal agencies generally issue new regulations by proposing new rules, taking public comment on the proposals, then issuing final rules in ways that incorporate or respond to those comments. This course will briefly outline the doctrinal foundations and process of agency rulemaking, then dedicate students to one or more rulemaking projects (such as regulatory comments or petitions for rulemaking) for submission to a federal agency. Students will also hear from federal rulemaking staff to better understand how federal rulemaking submissions are received by agencies. Administrative Law strongly recommended, but not a strict prerequisite. Students in the Law and Public Policy certificate program may use this course toward their externship requirement. Mr. Berry. [Catalog 207]
Foreign Relations and National Security Law (3 hrs.)
This is an advanced course in constitutional law, addressing primarily separation of powers questions in the context of national security law issues. Constitutional Law I and II are required courses. Constitutional Law II may be taken concurrently. The course examines a number of specific constitutional and statutory doctrines regulating the conduct of American foreign relations. Included among the issues are the status of international law in U.S. courts, the scope of the treaty power, the validity and effects of executive agreements, the validity of state foreign relations activities, the powers to declare and conduct war, the regulation of intelligence activities (both foreign and domestic), and the political question and other doctrines regulating judicial review in foreign relations and national security cases. Where relevant, we will focus on current events, such as military detention of alleged terrorists, human rights litigation against multinational corporations, the prosecution of piracy, and controversies over immigration enforcement. A traditional hypothetical exam will serve as the primary basis for the student's grade, but the professor reserves to the right in accordance with the academic rules to adjust grades for class participation and any written exercises. The professor will be open to considering supervising directed research project proposals in the semester following successful completion of the course. Students who have previously taken, or are currently taking, the National Security Law and Policy Seminar course cannot also take this course. Prof. Perez. [Catalog 754]
Gender, Law and Policy (2 hrs.) - AW
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 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-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. Prof. Drinan. [Catalog 632]
Government Contracts (2 hrs.)
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.
This course provides an introduction to the legal and regulatory frameworks of the U.S. health care system, with a focus on government health care programs (e.g. Medicare and Medicaid) and the life sciences sector (e.g. drugs, biologics, medical devices and diagnostics). Selected topics include FDA regulation, reimbursement, government price reporting, clinical trials, fraud and abuse, compliance and enforcement. Students will become familiar with statutory and regulatory authority, as well as sub-regulatory guidance, in these areas. Topics will be examined through recent real-world examples, including the challenges created by COVID-19 and the ongoing public health emergency. Ms. Noronha Pinto. [Catalog 793]
This seminar style course will provide an overview of key legal issues and trends in government regulation of the health care industry and related enforcement and compliance topics. In particular, the course will address the following: an overview of the health care system in the United States, including the key government health programs; the government's efforts to prevent and remedy fraud, waste and abuse in government health programs, through the use of enforcement tools like the Anti-Kickback Statute, the Stark Law, and the False Claims Act; related compliance considerations for health care providers and manufacturers and suppliers of health care items; and the government's evolving policy interests in health care oversight such as the government's response to the COVID-19 pandemic, improving patient access to care and systems of coverage, and data protection issues. Mr. Phillips, Ms. Rapoport Schenker. [Catalog 412B]
History of Canon Law
This course examines legal texts, including Church orders, Oriental collections, Dionysiana, Hispana, Pseudo-Isidorian forgeries, Decretum of Burchard, collections of Ivo of Chartres, the formation of the Corpus Iuris Canonici and developments after the Council of Trent. The course also views Church structures: the episcopate, presbyterate, patriarchate, papacy, councils, and the like. Sister Bauer.
Human Dignity and Religious Freedom in Health Care (2 hrs.)
Using a Catholic social teaching perspective, this course examines the increasing challenges to religious freedom in health care and the federal and constitutional laws protecting medical conscience rights for patients, medical professionals and health care entities. This course also weighs the legal tension between protecting religious freedom under the First Amendment and safeguarding public health. In addition, this course will consider bioethical and legal problems and prospective solutions for safeguarding the dignity and rights of patients and their families in health care. Mr. Brown. [Catalog 412C]
Human Trafficking Seminar (2 hrs.) - AW
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. Prof. Leary. [Catalog 419]
Immigration and Human Rights Seminar (2 hrs., Rome)
This seminar will examine the ways in which U.S. immigration and refugee law offer protection to individuals whose civil, political, economic, or social rights have been violated in their home countries. We will focus on asylum law, protection for victims of trafficking, remedies for unaccompanied minors, temporary protected status, and aspects of U.S. refugee law. Students will read case studies and participate in practice-oriented exercises to develop a real world understanding of the way in which lawyers pursue immigration or refugee remedies for victims of human rights abuses. We will also explore the impact, from a human rights perspective, of recent legislative proposals to reform U.S. immigration and refugee law. Prof. Brustin. [Catalog 651B]
Immigration Law: Deportation and Asylum (2 hrs.) - EL, TP (in conjunction with 650A)
This course explores substantive, procedural, strategic and ethical issues related to removal proceedings, including asylum claims, cancellation of removal, and other forms of relief. It also examines grounds of inadmissibility and deportability, family-based immigration, as well as the various agency-level actors involved in removal proceedings and asylum claims. This course is complementary to the Immigration Law: Employment, Family and Naturalization course. Judge Vargas-Padilla. [Catalog 650]
Immigration Law: Employment, Family and Naturalization (2 hrs.) - EL, TP (in conjunction with 650)
This course is designed to provide students with an understanding of U.S. immigration and naturalization law in the field of family, business and citizenship benefits. Topics include family based green cards, employment based immigrant visas, non-immigrant visas, non-immigrant and immigrant visa waivers and the Deferred Action for Childhood Arrivals (DACA) policy. At the conclusion of the course, students will possess a working knowledge of key elements of immigration and naturalization law, and understand ways in which they can incorporate this area of law into their future work as lawyers. Students will also engage in activities which closely mirror an actual immigration law practice, while at the same time gaining an understanding of ethical and integrity issues which are unique to immigration. This course is complementary to the Immigration Law: Deportation and Asylum course. Mr. Mooers. [Catalog 650A]
Information Privacy (3 hrs.)
This course introduces students to the legal and policy issues relating to information policy from both a practical and theoretical perspective. Topics covered in the course include: classic "privacy" torts; constitutional aspects of privacy; various important sectoral privacy regimes (healthcare, financial information, educational information, employment-related privacy rights); privacy rights in governmental context (such as 4th Amendment search-and-seizure law and national security surveillance); privacy and the press; and general consumer privacy rights (including online privacy issues) as enforced by the Federal Trade Commission and other agencies. There are no prerequisites, and students are not expected to have any technological expertise. Mr. Savage. [Catalog 426A]
In-House Counsel (2 hrs.)
This graded course is geared towards the student who may be interested in practicing either as "in-house" counsel to large publicly traded and often highly regulated multinational corporations or wants to represent such companies in private practice. Topics to be explored include the role of the General Counsel and in-house staff in a public company, the legal functions relationship with the Board of Directors and Audit committees, as well as the "do's" and "don'ts" when interacting with the C-Suite (senior management); managing high stakes and complex litigation (commercial, antitrust, intellectual property, mass tort, product defect, etc.); SEC issues including the role of legal in annual and quarterly reporting; the relationship between in-house and outside counsel and how to manage this relationship; managing legal support, including forensic auditors, document management vendors, experts and legal information technology support, particularly in the modern corporate environment of extensive cost and budget controls; the role of in-house counsel in mergers and acquisitions and deal structuring, due diligence and counseling; the role of compliance, particularly in a regulated industry; the intersection between legal and other support functions in a global public company, to include compliance, finance, controllership (accounting), human resources and quality and regulatory (QARA); and conducting and managing large internal investigations, particularly in areas where voluntary disclosures to governmental authorities may limit legal risk. This course will also include discussions about the Foreign Corrupt Practices Act, antitrust/competition, tender manipulation, revenue recognition and fraud, including the False Claims Act and the Anti-Kickback Statute. Mr. P. Murphy.
Intellectual Property Transactions (2 hrs.) — PW, EL
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. 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. Dr. Watkins. [Catalog 752]
Inter-American Human Rights System (2 hrs.)
This course will analyze the human rights system of the Americas. Students will learn about the Inter-American Commission on Human Rights, a body of the Organization of American States with competance to promote and protect human rights in the Americas, including in the United States. Students taking this course will understand the way the System behaves and the doctrine it applies, mostly through the analysis of case law, with a particular focus on the reports affecting the United States. Students will acquire the necessary knowledge for operating before the Inter-American system (for example, lodging petitions and requesting public hearings). Mr. Paúl. [Catalog ]
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 (2 hrs., Cracow)
This course concentrates on private business transactions that cross national boundaries. It is designed to provide students with the tools they need to understand the various legal doctrines applicable to international commercial contracts. After an examination of some basic international and comparative law principles, the course focuses primarily on international sales of goods, distributor/agency agreements and international payments and security. In addition, it will examine relevant issues of private international law and the resolution of international disputes. Dr. Baginska.
International Communications Law (2 hrs.)
News, opinions and messages are easily spread all over the world by social media. Messages usually arrive to several jurisdictions and are regulated by different laws, each one with quite different requirements. Today it is not enough to understand well the national legal system. For those dedicated to mass media, knowing the international ethical and legal standards is a significant career advantage. The purpose of this course is to provide participants with knowledge about the most influential international standards in communications. Special emphasis will be given throughout the course to the legal standards of the American, European and Inter-American human rights systems, including some mentions of the laws of the United Kingdom, France, Germany, Argentina, Venezuela, and other socialist countries. The course begins with the ethical and philosophical discussion of the means of communication: What are communications for? What must be protected? What guidelines do ethics provide us? That discussion about the goals, values and principles of the law will provide participants with some key intellectual tools to analyze cases. These cases are related to mass surveillance, internet and freedom of expression, internet filtering, censorship, defamation and hate speech, tolerance, religious displays, privacy and the right to keep secrets, cameras in the courtroom, advertising and commercial speech, access to information, and the standards of violent, obscene, indecent and profane content. 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. There are no prerequisites for this course, and scientific background is not required. Dr. Riofrio. [Catalog 811A]
International Corruption and Compliance (1 hr.)
The World Bank estimates that more than 8% of the world's gross domestic product, or $4.9 trillion, consists of bribes paid to government officials and government contracts tainted by bribery. This figure exceeds the individual economies of every country on Earth except for the United States and China. To combat this staggering problem, the United States in 1977 became the first nation to criminalize the act of bribing foreign government officials. Since then, the Foreign Corrupt Practices Act (FCPA) has become one of the U.S. government's highest enforcement priorities, second only to fighting terrorism.
This course will expose students to the Foreign Corrupt Practices Act and the growing number of international treaties and foreign laws designed to combat bribery worldwide. The course will provide an in-depth analysis of FCPA's anti-bribery provisions, relevant federal case law, U.S. government advisory opinions, and the hundreds of settlements used by the Department of Justice and the Securities and Exchange Commission that shed light on anti-corruption practices. The course will also examine the provisions of the FCPA which require U.S. public companies to devise and maintain robust compliance programs to detect and prevent bribery. The course will review FPCA corporate fines and penalties that routinely exceed $100 million, how they are calculated under the U.S. Sentencing Guidelines, the manner in which self-reporting serves to mitigate liability, and the growing focus on the prosecution of individuals for bribery crimes. The course will take a practical approach, emphasizing what the various provisions of the FCPA mean for firm and in-house counsel alike, and the challenge of balancing compliance risks with business needs. Mr. Steinman. [Catalog 701]
International Criminal Law (1 hr.)
This course examines both substantive and procedural aspects of international criminal law. Substantive-law topics include genocide, crimes against peace, crimes against humanity and war crimes. Procedural topics include extradition, mutual legal assistance, and the jurisdiction and structure of the international criminal tribunals, including the International Criminal Court and the international criminal tribunals for Rwanda and the former Yugoslavia. This is an exam course. Mr. Phillips, Prof. Watson. [Catalog 607]
International Environmental Law (2 hrs., Rome)
This course is designed to introduce students to the basic international institutions which address international environmental issues and the specific programs they have developed for doing so. Students should obtain a working knowledge of international institutions, an understanding of the major environmental problems facing the global environment, and insight into the political, moral, and scientific issues facing the ongoing development of international environmental law. Issues considered will include air pollution, water resources and pollution (with respect to oceans, rivers and lakes), hazardous materials (including both chemical manufacturing and hazardous waste disposal), and wildlife and natural habitats. The course will also consider the connections between international environmental law and trade, the connections between international environmental law and human rights, and selected issues in private international law. Connections between international environmental law and human rights will be given particular attention. Prof. Silecchia. [Catalog 761B]
International Human Rights (2 hrs.) - AW
This course introduces students to substantive and procedural aspects of international human rights law. The course will survey the major doctrinal themes in international human rights law, with some special attention to cultural and gendered issues. Topics will include examining theories of human rights; the intersection of rights, culture and custom; human rights institutions including the United Nations and the European Court of Human Rights; the law of war, challenges to enforcement and the practice of human rights law in the United States. This is a paper course. Ms. Uddin, Prof. Watson. [Catalog 410A]
International Intellectual Property Law (1 hr., Cracow)
This course is a survey of the international law and policy framework protecting intellectual property rights (IPR). It is increasingly important for lawyers specializing in international business and trade to learn about global protection for IPR. Innovation and creativity protected by IPR is a key driver of economic growth, both for the world economy and the national economies of the United States and Poland. IPR protection is now a requisite part of the international trade regime, as a result of the 1994 World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property (TRIPs Agreement). In this course, we will focus on major multilateral legal instruments protecting IPR, especially the TRIPs Agreement. No prior knowledge of intellectual property law is expected or required. Topics will include the necessity and desirability of harmonizing national IPR laws; the relationship between international IPR protection and international human rights; clashes between developing and developed countries over the proper extent of IPR protection at the international level; and the opportunities and challenges of technological development, such as digital technologies and medical advances, for the international IPR system. Prof. Fischer. [Catalog 714A]
International Law of Sustainable Development (1 hr., Cracow)
This course covers concepts and theories related to balancing economic growth, environmental protection, social justice, individual rights, and collective interests in their normative aspect. The course includes discussions of the holistic approach to human beings in the individual and social context. Sustainable development may be seen as a value or a goal. It also has a normative dimension influencing lawmaking and legal applications. It is a rule of interpretation, which harmonizes the application of conflicting norms, and which is often based on the ethical and anthropological assumptions of the decision maker. This course will include discussions of different approaches to sustainable development and how they affect law and may legitimately coexist in pluralistic and multicultural societies. The problem will be analyzed from overarching theoretical perspectives: sustainable development's binding/non-binding legal character, relation to principles of intergenerational equity, permanent sovereignty over natural resources, solidarity, and common heritage of mankind. The class will also cover the integration and relevance of sustainable development for different legal branches: environmental law, human rights, trade and investment law. Furthermore, the course will focus on sustainable development's procedural consequences: impact and risk assessment, obligation of transparency, consultation and the right of review. Dr. Szwedo.
International Legal Issues in the Protection of Cultural Heritage and Sacred Space (1 hr.)
International Religious Liberty (1 or 2 hrs.)
This course will consider legal issues relevant to the protection of cultural heritage and sacred space, an increasingly desperate issue in both domestic and international law. The course will consider the meaning of sacred space and the international legal system to protect sacred sites. It will also examine UNESCO and World Heritage Sites, destruction of religious sites as a war crime, military law issues and the protection of sacred space and United States law regarding the protection of sacred space. Prof. Breger. [Catalog 761D]
This course will consider the law and practice of international religious liberty. It will consider international treaties and documents (e.g. the Universal Declaration of Human Rights; International Convention on Human Rights). This course will also consider domestic laws related to religious freedom in selected jurisdictions. The course is designed to help students: have a basic understanding of international norms and institutions that have been established for the protection of freedom of religion or belief; have a basic understanding of how international and regional human rights institutions can be accessed and can affect freedom of religion or belief; develop an understanding of the constitutional structures in representative legal systems around the world that define the relationship of state and religious institutions and that provide for the protection of individual and group rights to freedom of religion or belief; develop a deeper appreciation of the theoretical issues that underlie thinking about religious freedom issues; develop an understanding of the basic principles governing permissible limitations on freedom of religion, and how differing international, regional, and foreign constitutional systems address these limits. Prof. Breger, Ambassador Brownback. [Catalog 478B]
Interviewing, Counseling, and Negotiating Skills (3 hrs.) — EL
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. Mr. Danzig, Ms. Hart, Prof. Kelly, Prof. Woods. [Catalog 788, 788A, 788S]
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.
Justice Scalia's Textualism (1 credit)
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. La Belle.
Introduction to Securities Law (3 hrs)
This course will provide students with an overview of the federal securities laws as they apply to the raising of capital through public and private offerings of securities, the operation of public companies and the regulation of broker-dealers. Focus will be on the Securities Act of 1933 and the Securities Exchange Act of 1934, as those statutes have been amended over time. Corporations suggested, although not required. Mr. J. Murphy [Catalog 591]
This course will examine textualism as a method of statutory interpretation, a method of interpreting legislative enactments popularized by Justice Antonin Scalia. We will address the following questions, among others: What is Textualism? What are the arguments for it? What are the arguments against? ln discussing these questions, we will consider the goals of statutory interpretation, the nature of legislative intention, and the value of various legal sources in determining the meaning of enacted law. Mr. Bress, Mr. Killian. [Catalog 625A]
Juvenile Law (2 hrs.)
This course provides a basic introduction to various legal issues regarding children. Topics may include: origins of parental and children's rights; allocation and balance or rights and responsibilities between parents, children and the state, especially in the context of medical decision-making and education; reproductive rights of minors; substantive and procedural laws regarding children as victims and as perpetrators; abuse and neglect; the foster care system; termination of parental rights; rights of children in schools; regulation of minors' conduct and restriction of minors' liberty; the juvenile justice system; delinquency proceedings; and representation of children in the legal system. Ms. Kirk, Prof. Leary. [Catalog 667]
Labor and Employment Law (3 hrs)
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. Mr. Higgins, Mr. Woodward, Prof. Hartley. [Catalog 585]
Labor Relations in the Public Sector (2 hrs) - AW
This 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 the 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. This course will be particularly valuable for students who plan careers in public service. The course will be graded on the basis of a paper. Mr. Higgins, Mr. Tabacoff. [Catalog 585A]
Law Journal Editing (2 hrs. over two semesters; pass/fail) - AW
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. Prof. Harmon.
Law Journal Writing (2 hrs. over two semesters; pass/fail) - AW
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. Prof. Harmon.
Law of the European Union (1 hr, Cracow)
This course provides 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 creation of the European Union, the structural framework and processes for the development of the European Union’s law, constitutional issues, and the roles of the European Court of Justice. Dr. Krasnicka. [Catalog 721]
Law of War (1 hr)
This course is designed for students with an interest in international and national security law, with a focus on the use, or threatened use, of armed force. Students are called upon to discuss and offer advice on legal issues ranging from pre-deployment preparation through post-conflict stability operations to war crime investigations. Prof. Watson. [Catalog 308]
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, Ms. Hawks, Prof. Kirk, Prof. Woods. [Catalog 101, 102, 161, 162]
Legal Analysis for the Bar Exam - Essay Questions (1 hr.; second half of semester)
This course will introduce students to the thought process and writing skills needed for success on the essay portion of the bar examination. Grading will be pass/fail based on the timely and complete submission of assignments and good faith participation. Mr. McDermott [Catalog 769]
Legal Analysis for the February Bar Exam (1 hr.)
This one credit pass/fail course is designed to provide students who intend to graduate at the conclusion of the Fall semester with an introduction to all aspects of the bar exam. The course will act as a condensed compilation of the three bar prep courses offered in the Spring semester - Applied Legal Studies, Legal Analysis for the Bar Exam, and Multistate Performance Test (MPT) Preparation. This course will include substantive review of three MBE topics - Property, Contracts, and Torts - along with multiple-choice practice in these subject areas; essay writing and review for each subject area; and a practice MPT. The course will be a hybrid online/in-person course with five in-class meetings. Mr. McDermott [Catalog 769B]
Legal Aspects of Social Media (3 hrs.) - AW
Facebook, Twitter, YouTube, Instagram, TikTok, Snapchat, Pinterest, etc...The rise of social media use and the continuing development of new social media platforms have fueled many changes in social behavior and business practices. This course examines how the law currently regulates, and should regulate, social media. Topics studied will include the First Amendment, school and university student speech, social media in the workplace, privacy, defamation, intellectual property, user-generated content, consumer protection, and social media in litigation, including evidence and e-discovery and governance of social media platforms. Students will complete a written project which will fulfill a portion of the law school's writing requirement. Prof. Fischer [Catalog TBA]
Legal Drafting: Contracts (3 hrs.) - PW, EL
Drafting is an essential experience in your preparation for law practice. This course in legal drafting is designed to give you practice in two main areas. First, the course will provide you with an overview of the principles of legal drafting, including a review of topics introduced in your first-year Lawyering Skills course, such as writing with clarity and precision, eliminating ambiguity, editing, and simplifying complex thoughts and ideas. Second, the course will teach you the principles of contemporary commercial drafting and introduce you to documents typically used in a variety of transactions. Successful completion of this course satisfies one of the two upper-level writing requirements. Prof. Everhart, Prof. Harmon. [Catalog 535A]
Legal Drafting: Legislation (3hrs.) — PW, EL
Legal Drafting: Dispositive Motions (3hrs.) — PW, EL
Among the most basic litigation documents lawyers draft are motions to dismiss, motions for summary judgment, and answers to complaints. This course prepares students to become practice-ready to craft these documents with technical proficiency and persuasive impact. Motions to dismiss and motions for summary judgment are called dispositive motions because they seek to compel dismissal of law suits to spare the client from the high cost of trial or worse, from exposure to an adverse jury determination. A well-crafted answer not only protects the client, but also preserves and strategically educates the court as to defenses. This course is built upon a hypothetical employment discrimination law suit, and includes an in-class mock-deposition and meetings with the instructor. Students are taught the underlying substantive law and the skills in drafting dispositive motions and answers. Course objectives are to achieve proficiency in drafting these documents based upon fusion of the substantive and procedural law, analysis, strategy, and clear and persuasive document preparation. The course assignments are to research and draft a set of motion to dismiss documents, a set of motion for summary judgment documents, and an answer with affirmative defenses. The instructor has created an e-book for this class for distribution to students. Successful completion of this course will satisfy one of the two upper-level legal writing requirements. Mr. Semler. [Catalog 535C]
Legal Drafting: General Drafting (3hrs.) — PW, EL
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 two upper-level legal writing requirements. Mr. Danzig. [Catalog 535]
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 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 process. 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. Mr. Frank, Mr. Gaiani. [Catalog 535A]
Legal Drafting: Litigation Drafting (3hrs.) — PW, EL
This course will prepare students to become practice-ready to draft basic litigation documents. Based on an evolving hypothetical fact situation in a federal labor law employment discrimination context, students will learn the skill of drafting clear and concise case assessment memoranda, demand letters and responses, complaints, answers with affirmative defenses, discovery devices including interrogatories, deposition notices, requests for production of documents, deposition preparation outlines, motions including those for the extension of time, to dismiss, and for summary judgment, and pre-trial order submission. Drafting will be taught to comply with the Federal Rules of Civil Procedure. Students will receive ongoing feedback on their drafts. Successful completion of this course satisfies one of the two upper-level legal writing requirements. Mr. Semler. [Catalog 535D]
Legal Externship (2 or 3 hrs.) - EL
A student participating in a for-credit externship should enroll in Legal Externship. A student's placement must be for 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. Students should obtain approval of placements before the semester begins.
Students in their first for-credit externship should also register for one of the "Becoming a Lawyer" seminars. Students in their second or further for-credit externship do not register for Becoming a Lawyer. These latter students will be overseen by the directors of the Office of Career and Professional Development. Faculty instructors 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. Mr. McDermott.
Legal Issues in Online Child Exploitation (2 hr.) - AW
This course will examine issues relating to online child sexual exploitation, including: (1) An overview of laws pertaining to child sexual abuse material (CSAM) (referred to as child pornography under U.S. law); child sex trafficking, live-streaming abuse of children, and online enticement/sextortion; (2) Legal issues relating to efforts to detect, report, and remove online CSAM and prosecute offenders, including issues arising from expanded use of technology to combat CSAM; constitutional and privacy issues; and implications of immunity provided to online platforms for liability arising from online content; (3) Domestic and global legislative and policy trends in combating online child exploitation; and (4) Civil and criminal legal remedies available to victims of child sexual exploitation and the attorney's role in representing child victims in restitution and related legal proceedings. Ms. Souras
. [Catalog 419B]
Legal Methods Workshop (1 hr.)
Through this online course, students will develop and improve legal analysis and exam-taking skills. Specifically, the course will provide students with strategies and practice with critical reading, writing analytically, and essay organization, including the IRAC method. The course will reinforce general subject matter content of the doctrinal courses and develop exam-taking skills. This course will teach students to monitor and evaluate their skills so they can continue to progress independently in first-year and upper-division courses and on the bar examination. Finally, this course will help students improve time-management and productivity skills such as case briefing, case synthesizing, and properly using study aids. This is a pass/fail course. Ms. Crowley, Mr. McDermott
. [Catalog 291] Legislation: The Making of a Federal Statute (3 hrs.) — PW, El, TP
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. Prof. Colinvaux. [Catalog 587]
Lobbying and the Law (2 hrs.) - AW
From President Grant's coining of the term in the "Lobby" of the Willard hotel to President Obama's Executive Order restricting registered lobbyists from serving in his Administration, lobbying has always elicited conflicting reactions while undeniably playing an essential role in the shaping of our nation's laws. This course will consider how the exercising of our First Amendment right to petition the government has evolved, the importance of professional advocacy in the development of sound public policy, the tools available to influence that policy, and the ethics laws regulating lobbying and lobbyists. A seminar format will be utilized for the course to include case studies and guest speakers from professional lobbyists and trade association representatives to former Legislative and Executive branch officials who will share their perspective on, and the value of, "what works" with respect to lobbying. Grading will be determined based on class participation, supplemental readings, and an agreed-upon significant writing assignment on the present-day public debate directed at legislative or regulatory change to current law. Mr. Brady. [Catalog 565A]
Local Government Law (2 hrs.)
This course will examine the organizations, 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 will also be studied. Students should note that local government law is a subject tested on the Virginia Bar exam. Mr. Higgins. [Catalog 797]
Master of Legal Studies Final Project (2 hrs.) - AW
This course is restricted to Master of Legal Studies (MLS) students and serves as a capstone project for the program. MLS student must complete this final project as a requirement for graduation. This project 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. 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. To register, a student must submit a statement of topic to the MLS directors, signed by the supervising instructor, which describes the proposed research topic and establishes the tentative research and writing schedule. The approved topic statement will then be forwarded to the registrar and he or she will grant the student permission to register for the credits. Faculty. [Catalog 946A]
Mediation and Arbitration Skills (2 hrs.) - EL
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 18. Mr. Pope.
Mergers and Acquisitions (2 hrs.)
Designed for students with an interest in corporate transactional work, this course is intended to provide a practitioner's introduction to contemporary merger and acquisition transaction structures, concepts, and trends, along with the key practical considerations which drive each phase of the deal, from initial discussions through the consummation of the transaction. We will discuss concepts including term sheets, the bid process, selection of transaction structure, due diligence, the substantive elements of definitive transaction agreements, risk allocation and closing mechanics. Mr. Arthur [Catalog 534C]
Military Justice (2 hrs.)
The course examines military law, both criminal and non-criminal, from a perspective that emphasizes comparisons of military law with state and federal domestic law, and comparisons of United States military law with the military law of other countries. Topics include the sources of military law; the law of war and martial law; the role of Congress and the President in overseeing the military; the application of the First, Fourth, Fifth and Sixth Amendments of the U.S. Constitution to service members and to activities on military installations; the need for a separate criminal justice system; subject matter and in personam jurisdiction of military tribunals; command control and influence; and comparison with the Federal Rules of Evidence and Federal Rules of Criminal Procedure. Fraternization, sexual offenses, and other systemic policy issues concerning the military are also covered. Mr. Morris. [Catalog 487]
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. [Catalog 989]
Multistate Performance Test Preparation (1 hr.; second half of semester)
This course is designed to introduce students to the National Conference of Bar Examiners' (NCBE) Multistate Performance Test (MPT) and help student perform well on this exam. The MPT consists of either one or two (two for UBE jurisdictions) 90 minutes tasks requiring the application of fundamental lawyering skills in a realistic situation. This course will enhance your ability to carefully read and follow instructions, identify issues, analyze and synthesize legal authority, use facts in legal analysis, write for a specific audience, organize your thoughts, apply legal reasoning and maintain good time management. Grading will be pass/fail based on the timely and complete submission of assignments and good faith participation. Prof. Woods
Music Law (3 hrs.) - PW
This course takes a practice-oriented, real-world approach to learning about legal issues related to the multi-billion dollar music business from a dealmaking perspective. It focuses on players and institutions in the music business including songwriters, recording artists, performers, groups and bands, music publishers, distribution companies, record companies, artist management, promoters, producers, licensing collectives, legal counsel and unions. Legal issues covered will include sampling and covers, legal protection for band names and artwork, sale and licensing of music, recording agreements, digital music delivery (including streaming and downloads), touring and merchandising. You will be required to prepare an applied legal writing portfolio of practice documents. This course will meet the practice-oriented writing requirement. Prof. Fischer
National Security Law and Policy Seminar (2 or 3 hrs.) — AW
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. Depending on the professor, this course may require a qualifying course paper that fulfills one half of the upper-level writing requirement. Students who have previously taken, or are currently taking, the Foreign Relations and National Security course cannot also take this course. Mr. Hodgkinson, Ms. Hodgkinson. [Catalog 744A]
National Trial Team (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. Ms. Cloud, Mr. Sharifi.
Nonprofit Advocacy Clinic (3 hrs.)
This course will provide students with hands-on experience in counseling a nonprofit organization on the wide range of laws affecting its advocacy activities. Working with a prominent section 501(3)(c) charity that provides support to homeless youth, students will learn about the wide range of laws that affect the advocacy activities of nonprofit organizations, even those of public charities: e.g., lobbying registration rules, limits and prohibitions on gifts to public officials, Internal Revenue Service limits on direct and grassroots lobbying, rules governing online fundraising, and the prohibition on political intervention. Students will learn from the charity's personnel about its advocacy activities, research and draft written reference materials to guide personnel as they comply with the laws, and develop and deliver a training to the client on these same laws. Working under the direction of an experienced practitioner, students can expect to receive a basic training on the laws affecting the growing nonprofit advocacy sector, develop their research and writing skills by preparing client-ready materials, and have the unique experience of providing specialized counsel to an active client seeking to accomplish important charitable objectives. Ms. Maloney, Mr. Svoboda [Catalog 737B]
Not-for-Profit Organizations (2 hrs.)
This course 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. Prof. Colinvaux. [Catalog 737]
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 Dr. Watkins, Prof. Winston. [Catalog 678]
Patent Prosecution (2 hrs.) - PW, EL
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. [Catalog 319]
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. Breger, Prof. Destro, Prof. Harmon, Prof. Everhart.
[Catalog 421, 461]Professional Speaking in Legal Settings (1 hr.)
This pass/fail course will help students develop an understanding of interpersonal, intercultural, small group and large group communications specific to the legal profession. This course will focus on the practical applications of standard speech communications principles. Students will learn how to use the physical instrument of their voice, and how their voice and the tools of public speaking can be applied to various legal environments. The instructor will tailor assignments and exercises to meet the needs of each student. The students will be assessed by how well they apply their knowledge and demonstrate their proficiency through the preparation and delivery of individual speeches and presentations before their peers. Prof. Flaim. [Catalog TBD]
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. Silecchia. [Catalog 132, 195]
Public Health Law - AW
This course studies the theories and the widening applications of, and challenges to, public health law. The dynamics of federal-state relations, vis-a-vis issues of emergency preparedness and surveillance, terrorism, pandemics and disasters, infectious disease prevention and control are examined. As well, the foundations of public health intervention and enforcement, together with the scope of tort law and tort liability, are also examined in depth. The present coronavirus pandemic will be considered as a case study throughtout the course. The course grade will be determined from the submission of a research paper (from ten to fifteen pages in length). If a choice is made to have the research paper count as a qualifying course paper to fulfill one half of the upper-level writing requirement, then the paper length will be at least twenty-five pages. Prof. Smith. [Catalog 794]
Public International Law (2 or 3 hrs.)
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. Ms. Hodgkinson, Mr. Hodgkinson, Prof. Watson. [Catalog 616]
Public Policy Practicum (3 hrs.) — AW or PW, EL, TP
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 the first semester of this year-long course, students research and write several papers in different formats on a public policy issue of their choice. Papers identify a problem in current law and policy and develop a proposal for change. The second semester focuses on implementation of the proposal developed in the first semester. Students learn how to market and advocate for their proposals, through oral presentations, elevator speeches, and simulated meetings. Student projects run the gamut of tackling federal policy issues relating to immigration or health care reform to issues of more local concern, such as improved nutritional content in school lunches. Regardless of the issues covered, students are exposed to the process of conceiving, designing, and implementing public policy – all with an eye of how best to identify and persuade the decision maker. As in the Becoming a Public Policy Lawyer course, guest speakers expose students to policy-making in Washington at the highest levels. Ms. Moffett, Mr. Netram. [Catalog 575]
Real Estate Transactions (3 hrs.) Transactional lawyers examine the law of real property transactions and the lawyer's role. Topics include agency, contracts, zoning, commercial leases, the role of mortgage lenders, financing methods, title insurance, federal, state and property tax considerations and ethical concerns. Ms. Asdorian, Mr. Nalls.
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, Prof. Winston.
Representing Religious Institutions and Nonprofits (2 hrs.) - AW
Religious institutions present a unique challenge for the modern State: how do we protect fundamental principles of religious autonomy while at the same time facilitating the complex ways that churches and other religious institutions participate in society. This course will examine the constitutional principles as well as the practical implications for attorneys representing or advising churches or other religious nonprofits in a wide range of areas, including employment discrimination, labor law, government grants and contracts, free speech, tax, copyright, litigation issues such as priest-penitent privilege, and property issues involving religious institutions, among others. Students can opt to write one long paper, which meets the upper-level writing requirement as a qualifying paper, or complete a take-home exam after the conclusion of the semester. During the semester, all students will complete two short papers on the course material. Mr. Treene. [Catalog 412D]
Risk Management, Audit and Financial Controls (1 hr., second half of semester)
This course is designed to explore evolving concepts of enterprise risk management in general and to focus in particular on the design, implementation and management of an effective program, as well as the legal department's engagement in corporate financial audits. The objectives of the course are: 1) To provide students with a fundamental understanding of the importance of enterprise risk management; 2) To equip students with a substantive, practical and working knowledge of enterprise risk management within organizations, and how to implement and manage that function; 3) To present students with an overview of the types of laws and regulations that apply, and to provide examples of common issues that arise in the corporate setting; and 4) To help students develop legal practice skills, problem solving skills, and critical thinking skills through relevant case studies. Ms. Donovan. [Catalog 405D]
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.) - PW, EL
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. [Catalog 534B]
Securities and Exchange Commission Student Honors Program (3 hrs.) - EL
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. [Catalog 937]
Securities Markets Regulation Seminar (3 hrs.) — AW
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. It is strongly advisable, but not an absolute prerequisite, that students registering for the seminar have taken at least one securities course. Limited enrollment. Mr. Ryan. [Catalog 647]
Securities Regulation: Compliance (3 hrs.) - PW, EL, TP
This course will focus on the application of the federal securities laws by regulated investment advisers and broker-dealers on a day-to-day basis, exploring the challenges of complying with legal and regulatory requirements in a real-world environment. The course will examine compliance issues arising out of the business decisions and circumstances of a hypothetical investment firm in the following subject areas: Trading for Client Accounts (aggregation and allocation of trades, trading errors); Compliance with regulatory restrictions and client instructions regarding investments; Personal and proprietary trading (code of ethics, dealing with non-public information and regulation FD); Conflicts of interest between the interests of an investment adviser/broker-dealer and those of its clients; Client relationships (suitability of investments, know your customer requirements and money laundering); Complying with the terms of regulatory orders and settlements; Doing business outside of the United States (local compliance issues and the Foreign Corrupt Practices Act). Mr. Murphy
. [Catalog 531C]
Securities Regulation: Derivatives Seminar (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. [Catalog 555]
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. Brenner. [Catalog 540]
Securities Regulation: Mutual Funds and Investment Advisers (2 hrs.)
This course will cover federal regulation of the asset management industry, focusing primarily on the Investment Company and the Investment Advisers' Acts. It will address key case law and engage with significant interpretive and regulatory positions taken by the United States Securities and Exchange Commission and other regulators. Topics of study include regulation of the operation, management, and distribution of mutual funds, ETFs, and other pooled investment vehicles, including closed-end funds and hedge funds. It will also address the regulation of investment advisers, including their fiduciary obligations and organizational structure. Important new developments in the asset management space will be a focus, such as investments in crypto and digital assets by funds and use of social media in adviser marketing. Recommended but not required: Corporations. Mr. Bartmann, Mr. Catano. [Catalog 642]
Space Law (2 hrs.)
This course deals with public international law regulating space activities and United States domestic law governing national space efforts. The topics covered include the uses of outer space; activities in the UN COPUOUS, ITU, ESA, and other international organizations; the legal regime of outer space resulting from multilateral and bilateral treaties; liability for damage caused by spacecraft; military use of outer space; remote sensing from space; telecommunication by satellite; and commercial space activities worldwide. Ms. Montgomery. [Catalog 665]
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.
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. [Catalog 817]
Statutory Interpretation: Regulatory Analysis in the Administrative State (3 hrs.)
Most law today is a system of statutes and regulations rather than judge-made common law. For the 21st century lawyer, the ability to interpret and analyze statutes and regulations is central to success as a lawyer. This is the case most specifically for practitioners in all public law and regulatory fields. Practitioners in environmental law, health law, immigration law, securities law, trade law, communications law and intellectual property law need to be adept in this area to succeed. This course aims to explore theories of the legislative process, judicial interpretation of statutes, and agency implementation of legislation. We will explore ongoing controversies about legislation, regulation, and interpretation including deep debates about textualist, purposive, and dynamic interpretations; about the use of legislative history and canons of construction; and about the constitutional foundations of statutory interpretation. We will apply these theories to the very practical challenge of interpreting specific statutes and analyzing specific cases. This will provide students with experience in developing these vital skills in a real world context. In that regard, we will work our way through a number of highly topical cases drawn from both the upcoming Supreme Court and appellate court dockets. Prof. Breger [Catalog 589A]
Taxation of Partnerships and Other Business Entities (3 hrs.)
This course considers the tax aspects of partnerships and other business entities. The course primarily focuses on the federal income taxation consequences of operating businesses as flow-through entities, including partnerships, limited liability companies and S corporations. The key objective of the course is to provide students a working knowledge of the tax classification of business enterprises, as well as the tax issues associated with the formation, operations and liquidations of partnerships and other flow-through entities. Additionally, the course provides an overview of the taxation of corporations and shareholders. Upon completion of the course, students should possess the ability to offer well-reasoned guidance regarding moderately complex tax matters relating to business entities. This class is recommended for students who are considering careers in business law or tax law. Prerequisite: Federal Income Taxation. Prof. Jefferson.
Tax on Wealth Transfers/Estate Planning (2 hrs.)
An advanced course which 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, employee benefits plans, and estate planning for owners of incorporated and unincorporated businesses are examined in detail. Special attention is given to practical problems in planning for the most effective and economical disposition of property in view of the tax and property consequences of the various alternatives. Mr. Wright.
Technology and Communications Law Practicum (3 hrs., full year course) - PW, EL, TP
This year-long course is designed to provide students with a practical overview of the work done by attorneys in the rapidly-changing field of technology and communications law, covering sectors including wireless, wireline, media, and satellite, as well as the emerging regulation of information communications and technology (ICT). Students will explore the role of attorneys in a variety of settings, including, but not limited to, private practice, government agencies such as the Federal Communications Commission (FCC), and trade organizations. This course will help students to advance their doctrinal and substantive knowledge of the administrative rulemaking process and the existing regulatory landscape for technology platforms and communications providers across the FCC, Federal Trade Commission (FTC) and other federal agencies, as well as the emerging role of the states; hone their problem solving, critical thinking, legal research and writing, and legal practice skills; and address professionalism, ethics and integrity in a specific regulatory practice setting. In the fall semester, the course is two credits; in the spring semester it is one credit. Students will receive one grade for the year at the end of the spring semester. There are no prerequisites for the course. Mr. Halley, Ms. Thumann [Catalog 809, 809A]
The Regulatory State (2 hrs.)
This course introduces students to the institutions and procedures used by the modern administrative state to make law and promulgate regulations. It examines how Congress and agencies work together to make laws and regulations, and then examines how agencies and the courts work together to apply them. The course also examines the justifications for modern regulation, the structure of the modern administrative state, the incentives that influence the behavior of the various actors, and the legal rules that help to structure the relationships among Congress, the White House, the agencies and the courts, including the role of courts in interpreting statutes and reviewing administrative actions when they are challenged by parties affected by the regulations. Prof. Breger [Catalog 589]
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. Perez, Prof. Scordato. [Catalog 138, 197, 197B]
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. [Catalog 570]
Trial Practice (3 hrs.) - EL, TP
This is a semester-long, limited enrollment, course covering the role of the advocate in the trial process. This course provides a unique, integrated approach to trial skills instruction, with the objectives of exploring critical legal concepts governing trial practice and improving general oral advocacy and communication skills. 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, presentation of exhibits, deliberation, verdicts and ethical issues at trial. Students learn to deal with tactical and ethical problems that confront trial lawyers in both civil and criminal cases. Students receive highly individualized instruction to improve their advocacy and presentation skills. The course routinely engages students in simulated courtroom hypotheticals and depending on the instructor, ends with a mock jury trial. Limited enrollment. The individual instructor(s) determines whether this is a graded or pass-fail class. Prerequisite: Evidence. Prof. Attridge., Ms. Cloud, Mr. Sharifi. [Catalog 595]
Trial Skills: A Criminal Case (3 hrs.) - EL, TP
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. This course is graded on a pass/fail basis. Criminal Procedure: The Investigative Process and Evidence must have previously been completed or are being taken concurrently with Trial Skills. Mr. Barger. [Catalog 445]
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. Prerequisite: Property. Rev. O’Brien, Prof. Silecchia. [Catalog 241, 455]
Wealth Management (2 hrs.)
This course will focus on the application of investment concepts like prudence, risk and return, loyalty, delegation, portfolio theory, and a working knowledge of financial products. These concepts are especially relevant for those interested in working as securities attorneys, estate planners, family lawyers, trust officers, compliance and risk officers, and wealth managers. It is estimated that over $30 trillion in financial and non-financial assets will be transferred over the next 30 to 40 years. Many of these assets will be held in trusts drafted by attorneys, administered by individual or corporate trustees, and overseen by wealth managers whom may or may not have legal training. Students will be encouraged to determine how prudent investing concepts inform other areas of the law, and should be able to evaluate the challenges faced by attorneys, and their clients, in relation to wealth management. Mr. Griffin. [Catalog 800]
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. Dean Payne. [Catalog 506]