2015-2016 Catalog 
    
    Sep 25, 2018  
2015-2016 Catalog [ARCHIVED CATALOG]

Course Descriptions


 

JD Required Courses

  
  •  

    LAW - 501 Civil Procedure


    (4 hrs.)

    An introduction to the history of American legal institutions, with a consideration of the mechanics of civil litigation in contemporary state and federal court systems. The course also covers the mechanics of civil litigation and the process by which rights and duties studied in the substantive law courses are enforced. Topics may include court jurisdiction, venue, rules of pleading, discovery, joinder of claims and parties, pretrial and post-trial motions, appellate review, and the effects of former adjudication. The Federal Rules of Civil Procedure provide the focus. Corr, Duru, Frost, L. Grossman, Niles Fall, Spring
  
  •  

    LAW - 503 Constitutional Law


    (4 hrs.)

    The constitutional and statutory basis of federal courts, judicial review, and constitutional interpretation; the federal system; powers of national government; and rights against national and state governments. Carle, Epperson, Raskin, Tsai, Vladeck, Wermiel Spring, Fall
  
  •  

    LAW - 504 Contracts


    (4 hrs.)

    The formation of simple and sealed contracts, offer and acceptance, misrepresentations and mistakes, consideration, third-party beneficiaries, the Statute of Frauds, contract interpretation, assignments, joint and several contracts, performance and excuse for nonperformance, conditions, impossibility of performance, illegality, discharge, and contract remedies. Abramowitz, M. Carroll, May, Pike, Snyder, Varona Fall
  
  •  

    LAW - 507 Criminal Law


    (3 hrs.)

    Major problems of criminal law as a device for controlling socially undesirable behavior. Intended to give students working knowledge of the legal principles determining criminal liability in light of theories advanced to justify punishment and other methods of correction. Topics may include the nature of crime and its elements, sources of state and federal criminal law, common law and statutory offenses, combinations of persons in crime, defenses, and justifiable and excusable acts or omissions. Daskal, Davis, Jones, Ben Miller, Robbins, Tsai Spring
  
  •  

    LAW - 508 Criminal Procedure I


    (3 hrs.)

    Pretrial criminal procedure and constitutional limitations on the use of power under the Fourth, Fifth, and Fourteenth Amendments. Topics include arrest; search and seizure; police interrogation, confessions, lineups, and other pretrial identification procedures; use of informants; scope and administration of exclusionary rules; and the rights of indigent defendants to counsel, transcript, and other aids. Boals, Daskal, Davis, Jones, Bair, Barbera, J. Gross, McGovern, S. Robinson, Troccoli, Zachem Fall
  
  •  

    LAW - 516 Legal Rhetoric I


    (2 hrs.)

    Students learn the fundamental lawyering skills of legal reasoning, analysis, writing, research, and introductory advocacy and are introduced to fundamental lawyering values. This four-credit, two-semester course is taught intensively in a small group setting. Aplin, Artz, Beske, Cavanagh, S. Creighton, Danzig, Durrer, Figley, Gardner, Gerni, Gershberg, R. Hamilton, Hancock, Kaplan, Keith, Lindsay, Palmieri, Phelps, Ridenour, Robinson, Sacks, Schwei, Solomon, Spratt, J. Wilson, Zaffer Fall, Spring
  
  •  

    LAW - 517 Legal Rhetoric II


    (2 hrs.)

    Students learn the fundamental lawyering skills of legal reasoning, analysis, writing, research, and introductory advocacy and are introduced to fundamental lawyering values. This four-credit, two-semester course is taught intensively in a small group setting. Aplin, Artz, Barton, Bergin, Beske, Cavanagh, Danzig, Davis, Dickman, Donahue, Durrer, Figley, Fitzgerald, Gardner, R. Hamilton, Kaplan, Keith, Klein, Nemeroff, Perlow, Phelps, Ridenour, Rohrbach, Rubin, Scott, Spratt, Stern, Urda, J. Wilson Fall, Spring
  
  •  

    LAW - 518 Property


    (4 hrs.)

    A survey of the law of real and personal property; possession and present and future estates in land; the relationship between owners of successive interests in land; transmission of ownership between living persons; and conveyancing. J. Anderson, Burke, M. Clark, Hughes, Rosser, Snape Spring
  
  •  

    LAW - 522 Torts


    (4 hrs.)

    An analysis of negligent and intentional interference with persons and property; the application of principles of strict liability for dangerous activities and products; defamation; invasions of privacy; and alternative compensation systems. Carle, Figley, Hunter, Leiter, Nicola, Popper, Wiley Fall
  
  •  

    LAW - 550 Legal Ethics


    (2-3 hrs.)

    An examination of the ethical obligations of the lawyer, including a detailed analysis of the Model Code of Professional Responsibility and the Model Rules of Professional Conduct. Students may register for this class or Professional Responsibility: Theory and Practice (LAW-551) but not both. Carle, Berenson, Donohue, Dorsainville, Driver, Elengold, Fresco, Gowen, Lawlor, Zavos Spring

LLM Required Courses

  
  •  

    LAW - 580 Introduction to American Legal Institutions


    (2 hrs)

    Designed for foreign students in LLM programs, the course is a survey of the core substantive areas of American law and the legal profession in the United States. It also provides an overview of Anglo-American common law. Berenson Fall, Spring

SJD Required Course

  
  •  

    LAW - 999 Doctoral Colloquium


    (1-2 hrs.)

    Year-long course; two credits in the fall semester and one credit in the spring semester. Provides doctoral students the foundation necessary to succeed in the SJD Program. Topics include dissertation formulation, planning, and drafting, US and international legal research, comparison of common and civil law systems, and academic presentations. Tenney Fall, Spring

Elective Courses

The law school makes all reasonable efforts to offer the following electives on a periodic basis but cannot guarantee that each course or seminar will be available to all students who wish to take it during their law school careers. More precise information on the courses and seminars that will be offered in a given semester, including those not listed here, is available from the registrar during the preregistration and general registration periods.

  
  •  

    LAW - 581 U.S. Business Law


    (3 hrs.)

    Designed to provide foreign lawyers an understanding of the U.S. business environment, the course covers basic concepts of business associations, sales, secured transactions, securities law, debtor-creditor relations, antitrust, consumer protection, and tax. Open only to LLM students who do not hold a U.S. JD degree. P. Wallace, A. Jacobs Fall, Spring
  
  •  

    LAW - 601 Administrative Law


    (3-4 hrs.)

    A study of the structure, powers, and processes of administrative agencies that are the source of much of our nation’s law. Topics include the delegation of power to agencies, the constitutional right to a hearing, agency procedures of adjudication and rule making, information law debates, judicial review of agencies, and administrative reform. Leiter, Lubbers, Niles, Popper, Varona Fall, Spring
  
  •  

    LAW - 605 First Amendment


    (4 hrs.)

    The history and a contemporary interpretation of this amendment. Completes a survey of basic constitutional law begun in LAW-503. Marcus, Raskin, Tsai, Wermiel Fall, Spring
  
  •  

    LAW - 606 U.S. Legal History I


    (3 hrs.)

    Explores the interaction of American law and society primarily from the Revolutionary War and New Republic era through post-Civil War reconstruction, with a brief introductory overview of colonial developments. Examines the origins, evolution, and impact of major constitutional, statutory, and private law developments in this period. Specific topics include changes in understanding and operation of basic constitutional rights; the evolving scope of governmental power and relationship between federal and state authority; legal promotion and regulation of American economic life, particularly through the development and application of property, tort, and contract law; the changing legal and social status and activity of women, African-Americans, and industrial workers; evolving ideas and practices regarding crime and criminals; and the history of the legal profession. L. Grossman, James May Fall
  
  •  

    LAW - 608 The Jury in Civil Litigation


    (3 hrs.)

    The course enriches students’ understanding of the jury system and the attorney’s role as a trial advocate through study of its origins, processes, and reforms.  The course touches on methods of jury selection and issues of juror misconduct.  Reading for the course ranges from tradition texts and cases to sample jury questionnaires and motions.  The course includes a presentation by a jury consultant and in-class exercises to contextualize student learning.  Students work individually and in teams during various in-class exercises and when preparing written assignments.  Students gain an appreciation of the attorney’s role as trial advocate, and the impact that the jury system has on many facets of litigation.  English Boals Spring
  
  •  

    LAW - 609 U.S. Trademark Law


    (3 hrs.)

    Develops an understanding of the competing theoretical rationales for protection of trade symbols. Explores the historical development of trademark and unfair competition law as well as issues of current interest, such as protection of nontraditional subject matter; conflicts between trademark protection and the copyright or patent laws; the protection against dilution; conflicts with free expression; the right of publicity; and domain name disputes. It will also offer a practical approach to substantive issues facing modern practitioners, including acquisition or loss of rights and trademark litigation. Farley Fall
  
  •  

    Law - 610 U.S. Legal History II


    (3 hrs.)

    Explores the development of American legal doctrine and thought and its interaction with broader trends in society from post-Civil War Reconstruction to the present. Topics examined include constitutional law, private law, government regulation, and jurisprudence. U.S. Legal History I is not a prerequisite. L. Grossman, May Spring
  
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    LAW - 611 Business Associations


    (4 hrs.)

    The state laws governing business entities with an analysis of legal and business considerations, including basic tax questions leading to business associations in corporate and unincorporated form. Agency and judiciary principles applied to business associations are analyzed in relation to corporations and partnerships. Topics include the creation of general and limited partnerships; the relationship of the partners inter se, and of the partners and the partnership to third parties; the creation, form, and nature of the closely held corporation; rights and duties of shareholders, directors, and officers; rules relating to dividends and dissolution; and an introduction to applicable provisions of federal securities laws. K. Anderson, Effross, Greenberg, A. Jacobs, Siegel, Wallace Fall, Spring
  
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    LAW - 612 Securities Regulation


    (3 hrs.)

    The role of the federal securities law in relation to corporate issues; problems of financing; proxy solicitations; dealings in corporate stock; and reorganization and disclosure. Prerequisite: Business Associations (LAW-611). Siegel, Quinn Fall, Spring
  
  •  

    LAW - 613 Advanced Corporate Law


    (2 hrs.)

    The state laws governing both publicly held and close corporations, with emphasis on issues either introduced or not covered in Business Associations. Topics vary each year but may include corporate governance in the 1990s; shareholder voting, proxy contests, and meetings; developments in mergers and takeovers; appraisal rights; developments and dissolution of close corporations; indemnification; and creditors’ rights. Prerequisite: Business Associations (LAW-611). Effross, Siegel Spring
  
  •  

    LAW - 614 Alternative Dispute Resolution


    (3 hrs.)

    Examines various dispute resolution techniques, including negotiation, mediation, arbitration, minitrials, and negotiated rule making, as alternatives or supplements to court litigation and administrative agency adjudication. Tactical and ethical issues as well as emerging legal and public policy issues, e.g., use of mandatory arbitration clauses, will be covered, and student participatory role-plays will be used extensively to give the course a practical dimension. Bender, Endicott, Otero Fall
  
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    LAW - 616 Negotiable Instruments


    (3 hrs.)

    Payment devices such as commercial paper, electronic fund transfers, and credit cards; documents of title; the participation of banks in the collection process under the Uniform Commercial Code and other pertinent statutes. Effross Fall
  
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    LAW - 617 International Business and Environment


    (3 hrs.)

    Examines the international aspects of U.S. environmental law. The intersection of U.S. and international environmental law has expanded dramatically in recent years with U.S. participation in a growing number of international environmental agreements and the ongoing integration of the world economy. The course emphasizes the practical aspects of counseling clients in this emerging area of law. Topics include the extraterritorial reach of U.S. environmental laws; international environmental litigation in U.S. courts; the implementation of environmental treaties; U.S. and international controls on the transboundary shipment of chemicals and hazardous waste; trade and the environment; and the environmental guidelines of the World Bank, Export-Import Bank, and the Overseas Private Investment Corporation. Morrill, LaMotte Summer
  
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    LAW - 618 International Environmental Law


    (3 hrs.)

    A contemporary perspective on international environmental law focusing on specific environmental threats and the most recent manifestations of the law. The course will include case studies of actual investigations such as global warming and sea level rise; export and import of hazardous waste; the problem of “ghost” driftnets abandoned in the global commons of our marine environment; the endangered African elephant; continued whaling by Japan and Iceland; and the protection of the aboriginal Penan Tribe in Malaysia. Recent manifestations of international environmental law include the Declaration of The Hague and the proposal for a new organization to be known as GLOBE. Attention also will be given to the considerable body of environmental law in the European Community, the general foundations of international law, and the relationship to human rights law and international trade law. Hunter Fall
  
  •  

    LAW - 619 Comparative Law


    (3 hrs.)

    An examination of various legal traditions (e.g., common law, civil law, traditional law, and religious law) through the identification of similarities and differences among them using inter alia, an approach that shows how common problems are solved in the practices of the legal cultures involved. Participants develop a general theoretical framework for comparison and a better understanding of their own legal culture. Ala’i, Nicola, Saez Fall
  
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    LAW - 620 International Humanitarian Law


    (3 hrs.)

    A study of international principles and rules regulating the conduct of international and other armed conflicts; the historical development of restraints on armed conflict; the distinction between rules governing recourse to armed coercion and those governing the conduct of armed hostilities; the protections afforded by the 1949 Geneva Conventions and the 1977 Protocols to combatants and noncombatants, including civilians, POWs, the wounded, and the sick; the role of the International Committee of the Red Cross; and human rights issues. Goldman, Parks Fall
  
  •  

    LAW - 621 Conflict of Laws


    (3 hrs.)

    Considers the rules applicable in private law where at least one of the operative facts in the case is connected with some state or country other than the one in which the suit is brought. The areas examined include torts, contracts, property, commercial law, administration of estates, and family law. The course also considers the recognition and enforcement of judgments of sister states and foreign countries. Generally, we will look at some fascinating intellectual puzzles that state and federal courts confront on a daily basis. Robbins Fall
  
  •  

    LAW - 623 Copyright


    (3 hrs.)

    An examination of the legal protection afforded the fruits of literary and creative endeavor, the Federal Copyright Act of 1976, the nature of copyright protection, types of works covered, mechanisms of securing protection, and procedures for enforcement. Topics include the history of copyright; the relationship of copyright to other forms of protection for intellectual property; and the interaction between new technologies, including data processing and copyright law. Butler, M. Carroll, Jaszi Fall
  
  •  

    LAW - 624 U.S. International Taxation


    (3 hrs.)

    An introduction to U.S. taxation of U.S. and foreign persons engaged in international activities. Topics include U.S. jurisdiction to tax, tax treaties, allocation of income, transfer pricing, foreign tax credits, etc. We will discuss the recent changes in legislation pertaining to U.S. international tax rules under the JOBS Act of 2004. The goal of the class is to provide an overview of the relevant law, giving due respect to its complexity and the policies underlying it, and to identify and tackle the types of issues that most frequently arise. Field, Cirmizi Spring
  
  •  

    LAW - 625 Corporate Bankruptcy


    (2 hrs.)

    The legal requirements and procedures under Chapter 11 of the Bankruptcy Code; competing interests and strategies involved in a reorganization case; basic financial valuation concepts; assembly of a reorganization plan; and special problems related to securities, tax, and pension laws. Prerequisite: Business Associations (LAW-611). Effross Spring
  
  •  

    LAW - 626 Human Rights


    (3 hrs.)

    The purpose of this class is to provide an overview of current international human rights law and the mechanisms for its implementation and enforcement. First the course will focus on the general principles of international human rights law. Second students study the functioning of the universal human rights system (United Nations) and the regional human rights systems. They then concentrate on the normative foundation of international human rights law through the study of a selected group of rights, including the rights to life, women’s rights, and economic, social and cultural rights. Finally, in the fifth segment, regarding international criminal law we will discuss the jurisdiction of international criminal tribunals, and the role of national institutions in dealing with past human rights violations. C. Grossman, Martin, Rodriguez-Pinzon Fall
  
  •  

    LAW - 627 Creditors’ Rights and Bankruptcy


    (3 hrs.)

    Creditors’ rights, remedies, legal and equitable process in the enforcement of judgments, the Bankruptcy Code, the concomitant Rules of Bankruptcy Procedure, and review and study of cases illustrating the practical application of the Bankruptcy Code and the Rules of Bankruptcy Procedure. Corr Fall
  
  •  

    LAW - 628 Criminal Procedure II


    (3 hrs.)

    Advanced study in the commencement of formal proceedings, the adversary system, and trial. Topics include bail; decision whether to prosecute; grand jury; preliminary hearing; speedy trial; joinder and severance; coerced, induced, and negotiated guilty pleas; discovery and jury trial; and double jeopardy. Prerequisite: Criminal Procedure I (LAW-508). Newton Spring
  
  •  

    LAW - 629 Environmental Law


    (3 hrs.)

    An overview of environmental law with particular emphasis on the administrative law background; the National Environmental Policy Act of 1969, as amended; the governance of public lands; and air and water pollution control. Leiter, P. Wallace, Lubbers, Breen, Squire Fall, Spring
  
  •  

    LAW - 630 Regulation of Energy


    (2 hrs.)

    The development, pricing, and delivery of energy resources, including oil, gas, coal, electricity, and nuclear energy; and the environmental aspects of energy development. E. Myers Spring
  
  •  

    LAW - 632 Law and Economics


    (3 hrs.)

    Overview of basic microeconomics, including assessment of efficiency and equity logic; Coase Theorem; evaluation of incentive models, risk allocation, and aversion. Applications of economic analysis to diverse legal fields. K. Anderson, J. Baker
  
  •  

    LAW - 633 Evidence


    (4 hrs.)

    The law governing the proof of disputed issues of fact, functions of the court and jury, competence and examination of witnesses, standards of relevancy, privileged communications, illegal evidence, hearsay rule, best evidence rule, parol evidence rule, presumptions, and judicial notice. Aaronson, Jones, Taslitz, E. Correia, J. Gross, C. Stein Fall, Spring, Summer
  
  •  

    LAW - 634 Legal Aspects of Foreign Direct Investment


    (3 hrs.)

    Considers the ways in which developing countries seek to control and structure international investment, trade, and financial transactions. Topics include the international framework for international transactions; development and trade institutions; promotion, protection, and divestment of foreign investments; structuring investment transactions; international lending; transnational enterprises; and trade-related aspects of foreign investments. Bradlow Fall
  
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    LAW - 635 National Security Law


    (2 hrs.)

    Examination of theoretical approaches to national and international security from peace studies, international relations, and international law with an in-depth focus on the international law of conflict management, including norms of permissible and impermissible use of force; the law of war; international organizations such as the UN, the OAS, and NATO; arms control; norms for control of terrorism; the Nuremberg principles; and mechanisms for peaceful resolution of disputes. The course will also briefly survey intelligence and counter-intelligence law, national security and the First and Fourth Amendments, the War Powers Act, and the national security decision structure. Daskal, Vladeck Fall, Spring
  
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    LAW - 636 Family Law


    (3 hrs.)

    An overview of the definitions of family, marriage, and divorce; the economic consequences of divorce; child placement; constitutional doctrine affecting the family; state intervention in the family; and the impact of gender on family law. Polikoff, C. Jacobs, Matsui, Saez Fall, Spring
  
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    LAW - 637 Domestic Violence Law


    (2 hrs.)

    Explores historical, anthropological, sociological, psychological, and legal aspects of battering. Topics include criminal law and process, family law, and alternative dispute resolution. Considers the historical, social, and cross-cultural context of domestic violence; social and legal reform efforts on behalf of battered women; battered women who kill their batterers; and theory and practice regarding battered women. J. Lee, Myers, Shenoy Fall
  
  •  

    LAW - 638B Juvenile Justice Seminar


    (3 hrs.)

    Offers an opportunity to examine laws, policies and practices that affect youth charged with crimes in the juvenile and criminal justice systems. Participants explore contemporary issues addressed by attorneys and advocates protecting the rights of youth in these systems. Topics include racial and ethnic disparities, conditions of confinement, efforts to reduce unnecessary use of incarceration, gender-specific needs, experience of LGBTQI youth, school to prison pipeline, transfer of youth to adult court, and right to counsel. Shoenberg, Soler Fall
  
  •  

    LAW - 639 Federal Corporate Income Tax


    (3 hrs.)

    An examination of cases and materials pertaining to the Internal Revenue Code as applied to corporations and their shareholders; tax consequences of corporate formation; distributions; liquidations; and reorganization. Prerequisite: Federal Personal Income Tax (LAW-647). Pike, Rothenberg Fall, Spring
  
  •  

    LAW - 640 Health Law


    (3-4 hrs.)

    Begins by examining basic assumptions about the fields of health care financing and delivery. The course then focuses on the four major pillars of health law: access, financing, quality, and personhood. In the area of access, topics include statutory and common law obligations of health care providers to render care and civil rights issues within the health care arena. In financing, topics include private insurance, government programs to finance care for specific populations, and efforts to control costs within public and private systems. In the field of quality, topics include definitions of quality, systems of measurement, informed consent and standards of care, and regulatory versus free-market approaches. Topics related to personhood include rationing of services and ethical decisions. The course concludes with an examination of health reform models. Wiley Fall
  
  •  

    LAW - 641 American Indian Law


    (3 hrs.)

    Analyzes and challenges assumptions underlying the major themes in Indian law: that Indian tribes are not juridical entities in international law because their sovereignty is dependent on the United States government; that Indian tribal people have a ward-guardian relationship with the government arising from this dependent status; and that Indian tribal property is justifiably treated differently from other property. In addition to sources of federal law dealing with Indians, the class will examine tribal court opinions and the developing international law regarding rights of indigenous peoples. Rosser Fall
  
  •  

    LAW - 642 Entertainment Law


    (3 hrs.)

    Examines entertainment industry contracts, the entertainment industry, and related noncontract law. Bruns, Platzer Fall
  
  •  

    LAW - 643 Federal Courts


    (3-4 hrs.)

    Focuses on the history, organization, jurisdiction, and operation of federal courts. Topics include the role of courts, as counter-majoritarian institutions, in protecting democratic rights. Frost, Vladeck Fall, Spring
  
  •  

    LAW - 644 Partnership Tax


    (3 hrs.)

    Primary attention is given to tax consequences resulting from the formation, operation, and liquidation of a partnership; distributions by the partnership to partners; the optional adjustment to basis of partnership property; and the transfer of partnership interests, either at the partner or the partnership level. Prerequisite: Federal Personal Income Tax (LAW-647). Kempler, Pike Spring
  
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    LAW - 645 Federal Estate and Gift Tax


    (3 hrs.)

    An introduction to the federal estate and gift tax. Problem material based upon the Internal Revenue Code, Treasury regulations, and judicial decisions. Prerequisite: Federal Personal Income Tax (LAW-647). Pike, Edmisten Fall
  
  •  

    LAW - 646 International and Comparative Trademark Law


    (3 hrs.)

    Focuses on the international system regulating the protection of trademark rights. Introduces students to the principal international conventions in the field of trademarks and some bilateral treaties. The course will consider current problems in the international trademark arena in light of recent tendencies towards greater reciprocity; the emergence of new jurisdictional issues raised by the Internet; and such new rights as the right of publicity, anti-dilution, and appellations of origin. It will briefly consider comparative trademark law in terms of the differences in the registration process and problems in priority of rights and pay particular attention to trademark law in the European Union and efforts toward harmonization. Prerequisite: U.S. Trademark Law (LAW-609) or IP in Cyberspace (LAW-667A) or Intellectual Property Law (LAW-670) or Unfair Trade Law (LAW-689) or permission of the instructor. Farley Spring
  
  •  

    LAW - 647 Federal Personal Income Tax


    (4 hrs.)

    An examination of cases and materials pertaining to the Internal Revenue Code as applied to individuals. Pike, Leff, Kempler Rothenberg Fall, Spring
  
  •  

    LAW - 648 Food and Drug Law


    (2-3 hrs.)

    An examination of the ways in which Congress, the FDA, and the courts have gone about regulating the food, drug, cosmetic, and medical device industries. The course will focus on the historical development of food and drug law, as well as on current issues involving, among other things, carcinogens and risk assessment in food safety; regulation of nutrition; and approval of new drugs, devices, and vaccines for infectious diseases. L. Grossman, J. Schwartz Spring
  
  •  

    LAW - 649 Trial Advocacy: Pretrial Litigation


    (2-3 hrs.)

    In Pretrial Civil Litigation students explore the pretrial process in federal civil litigation, including interviewing clients; drafting pleadings, written discovery and motions for summary judgment; taking and defending depositions; and presenting oral argument on motions for summary judgment.  Students in this course use a simulated case file as the context for developing pretrial strategies and practical skills.  Students work individually and in teams.  This is an experiential learning course that incorporates in-class simulations and self-critique as components of the learning process.  English Algeo, Boals, Bruckheim, C. Day, Fischer Fall, Spring
  
  •  

    LAW - 650 Lawyers and Clients: Interviewing and Counseling


    (2-3 hrs.)

    Explores the lawyer-client relationship in the context of the essential lawyering skills of interviewing and counseling. Focuses on the theories underlying these skills and the application of theory in performing various lawyer and client roles in simulated exercises. Also examines the connection between clients and the “case” that lawyers present on their behalf and the allocation of power between lawyers and clients. Bennett, B. Miller, Dinerstein Spring
  
  •  

    LAW - 651 Lawyer Bargaining


    (3 hrs.)

    The course explores the attorney’s role in the resolution of disputes through nonadjudicatory processes such as negotiation, mediation, arbitration, and mini-trial.  The course focuses on theories underlying each form of dispute resolution and the lawyering skills necessary to implement effectively those processes.  The lawyer’s role and required skills will be explored from the dual perspective of the attorney as advocate and as impartial dispute resolver.  English J. Kaplan, Liu Fall, Spring
  
  •  

    LAW - 653 International Finance Law


    (3 hrs.)

    Examines the international borrowing and sovereign debt renegotiation processes. Focuses on key policy and legal issues in negotiating and structuring international borrowing transactions and in current issues in the international debt crisis. K. Anderson, Bradlow Spring
  
  •  

    LAW - 654 Government Contracts


    (3 hrs.)

    The fundamental law of federal government contracts, basic theory of public contracting, authority, policies and limitations, procurement procedures, contract types, cost and price principles, remedies, claims procedures, and extraordinary remedies. W. Carroll, Harty Fall
  
  •  

    LAW - 655 Immigration and Naturalization Law


    (3-4 hrs.)

    The U.S. immigration system; numerical limitations and exceptions; preference immigrants; labor certifications; temporary workers; treaty investors; business visitors; foreign students; exchange aliens; visa procedures; documents; exclusion and deportation; pardons; judicial recommendations against deportations; waivers; adjustment of status to permanent resident; U.S. citizenship through parents; naturalizations; and loss of citizenship. Frost, Rathod, Sinha, McConnell Fall, Spring
  
  •  

    LAW - 656 Asylum and Refugee Law


    (3 hrs.)

    Explores law, moral obligations, and national sovereignty, and the ways in which the interplay of these forces results in the making of U.S. asylum law and policy. Topics include review of the debate over the causes of refugees, the evolution of international legal refugee protection, and the extent to which Congress sought to make U.S. asylum law comport with U.S. international obligations. The course provides an understanding of the policy considerations underlying asylum law, review and critique of prevailing asylum law, and litigation issues in asylum removal proceedings and on appeal. McConnell, Nanasi Fall, Spring
  
  •  

    LAW - 657 International Trade Law I


    (3 hrs.)

    This course analyzes the U.S. and multilateral legal regime (WTO) for regulating international trade in goods, services and intellectual property. The course begins with a brief introduction of international trade theory. It then examines the U.S. constitutional aspects of international economic relations and the legal structure of the WTO and the General Agreement on Tariffs and Trade (GATT). It next analyzes specific aspects of international trade regulation, including tariffs, quotas, and non-tariff barriers; the most-favored-nation obligation; free trade areas and customs unions; national treatment obligation; trade and environmental policies; escape clauses, safeguards; and adjustment policies; dumping; subsidies and countervailing duties; and U.S. retaliation against “unfair” trade practices. Ala’i, Fandl Fall, Spring
  
  •  

    LAW - 659 Law of the European Union


    (3 hrs.)

    Analysis of the Treaty of Rome and other relevant legal instruments and the major institutions and characteristics of European Union law; basic freedoms of the treaty, including free movement of persons, goods, services, and capital; and European Union competition law, which investigates restrictive agreements, exemptions, abuse of dominant position, notification, group exemptions, and commission investigations. Nicola, Cervone Spring
  
  •  

    LAW - 659A European Union Law, Policy and Diplomacy


    (2 hrs.)

    This is a basic course intended to introduce students to the law and institutions of the European Union (EU). The EU is an organization which began as the European Coal and Steel Community of six states in 1952, but which has greatly expanded in both its membership and the scope of its activities since then. There are currently twenty-seven member states with applications for membership pending from several others, including candidate states such as Turkey, Croatia and FYROM (Macedonia). The scope of the EU’s powers, which are shared with member states in a set of arrangements even more complex than that of the US’s ‘marble-cake federalism’, ranges from core market-integration and market-liberalization activities to the growing field of ‘justice and home affairs’ (including immigration, policing, criminal and civil law coordination) and even to aspects of foreign affairs and defense. The law of the EU, a complex edifice which has been constructed alongside and over the law of its member states, comprises a vast and detailed body of treaties, case law and regulation of every kind. For instance, in the aftermath of the European financial crisis there are newly created measures designed to reinforce the architecture of the economic and monetary Union while creating a new “fiscal compact” under which countries in the euro zone are bound to write a ‘golden rule’ on balanced budget into their national constitution with automatic correction mechanisms if the law is breached. Any introductory course will necessarily be very selective, and this course provides simply a first look at the EU. The course aims primarily to provide an entry point into the study of this unique political arrangement which, despite the various labels - superstate, federation, international organization - which are sometimes used to describe it, continues to defy ready categorization. Nicola Summer
  
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    LAW - 660 International Law


    (3 hrs.)

    The rules governing the conduct of states inter se and their relations with individuals and legal entities; jurisdictional concepts; the status, application, and litigation of international law rules in U.S. courts; sovereign’s immunity; recognition; international agreements; the Law of the Sea; human rights; and international claims and adjudications. Chuang, Goldman, Mendez, Orentlicher, ABi-Mershed Fall, Spring
  
  •  

    LAW - 661 International Business Transactions


    (3 hrs.)

    How the international and U.S. domestic legal systems relate to structuring international business transactions. The course begins with an overview of the roles of lawyers, multinational enterprises, national courts, arbitrators, and international organizations, e.g., GATT and the IMF, in facilitating capital movement. The course then moves to a series of transactional problems in foreign investment, including distributorships and licensing technology, establishment of foreign operations, organization of joint ventures, negotiation of development agreements, and loans to foreign sovereigns. Ala’i, K. Anderson, Kizer, Gilles Fall, Spring
  
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    LAW - 662 International Organizations and Multinational Institutions


    (2 hrs.)

    Regional and worldwide structures concerned with political, economic, social, and functional objectives; their impact on developed and less-developed countries; and their potential for promoting social and economic progress. Selected international organizations are studied in depth. Bradlow, Orentlicher Fall, Spring
  
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    LAW - 662S United Nations Human Rights System


    (2 hrs.)

    The course explores a range of issues arising under the existing Charter-based and treaty-based human rights procedures and mechanisms created by the United Nations. In the first section, the course will review the role of the United Nations Human Rights Council and the mechanisms and procedures created by the Council to assess the respect of human rights in all the state members of the United Nations. In the first section, the course reviews the role of the United Nations Human Rights Council and the mechanisms and procedures created by the Council to assess the respect of human rights in all the sate member of the United Nations. The course focuses on the functioning of the Universal Periodic Review (UPR) process and questions of its effectiveness. Also includes detailed analysis of the role and work played by the Special Procedures comprised of special rapporteurs, special representatives, independent experts and working groups that monitor, examine, advice and publicly report on over-arching thematic issues or human rights situations in specific countries. In the second section, the course examines questions of existing human rights treaties and obligations of state parties to those instruments. Special attention is given to procedural aspects of the functioning of the supervisory bodies created by the human rights treaties to monitor state compliance, including the state reporting system and the individual petition system. Finally, the course will explore recent decisions of the United Nations human rights supervisory bodies and their impact on the protection of human rights within the domestic jurisdiction of states. Summer
  
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    LAW - 663 Jurisprudence


    (3 hrs.)

    Concentrates on the linkage between theory and practice in legal reasoning, legal education, and judicial decision making with the aim of demonstrating connections to philosophy and social theory. Theories are applied to particular cases both in class and in written assignments. Tsai Fall
  
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    LAW - 664 Employment and Labor Law


    (3 hrs.)

    Examines the legal issues that arise at various stages of the employment relationship. The course begins by considering the history of employment and labor law and the current economic, demographic, and technological developments that are changing the way work is organized and creating new challenges for the law. Following this introduction, students systematically proceed through the issues that arise in hiring; regulating the terms and conditions of employment during the employment relationship; and discharge and termination. Carle, Datz Fall, Spring
  
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    LAW - 667 Law in the Information Society


    (3 hrs.)

    Examines holistically the treatment of information by law and lays out the main legal, economic, and political models for the ownership and control of information. The overall theme of the class is that the “information economy” is now a fact rather than science fiction and that the same series of issues is confronted in each new area of information regulation, e.g., privacy and confidentiality concerns versus free speech concerns. M. Carroll Spring
  
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    LAW - 667A IP in Cyberspace


    (3 hrs.)

    This course investigates the legal regulation of conduct through the Internet, with particular attention to issues arising under copyright and trademark law. The focus of the course is to study how the fundamental principles of intellectual property law apply to the facts of the Internet. How and when does the law rely on analogy to established precedent and when does the law create Internet-specific regulation by statute or judicial interpretation? The trademark unit focuses on Internet-specific issues, such as use of marks in domain names and by search engines. This includes study of ICANN as a sui generis global regulatory body. The copyright unit considers issues such as secondary liability and the regulation of Internet service providers, whether technology can or should substitute for law through digital rights management, and the role of “user generated content” and open or public licensing of copyrighted works on the Internet. Comparative materials are used to illustrate similarities and differences in legal responses, primarily between the U.S. and EU. English M. Carroll Spring
  
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    LAW - 668 Employment Discrimination


    (3 hrs.)

    A survey of the major federal statutes prohibiting discrimination in the workplace, with special emphasis on practical problems encountered in litigation. The primary focus is on Title VII of the Civil Rights Act of 1964 and race discrimination. Discrimination on the basis of age, sex, national origin, or handicap will also be considered. Topics include statutory scope and coverage, establishing liability, defenses, remedies, affirmative action, and enforcement procedures. Carle, Ventrell-Monsees Fall, Spring
  
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    LAW - 669 International Labor and Employment Law


    (2-3 hrs.)

    Examines the development and practice of labor and employment law in the international arena. Specific attention is devoted to domestic law that has international relevance, human rights and trade law, international guidelines and private agreements regarding corporate social responsibility, United Nations’ provisions (including International Labor Organization’s Conventions and accompanying jurisprudence), the Organization for Economic Cooperation and Development, and other international and domestic institutions. The class also will include areas involving child labor and migrant workers. Herrnstadt Fall
  
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    LAW - 670 Intellectual Property Policy and Law


    (3 hrs.)

    Examines the fundamental policies animating intellectual property jurisprudence and the extent to which “intellectual property” is “property.” The course explores the underlying policy goals and conflicts internal and external to intellectual property. It also considers the responsibilities of various intellectual property agencies and courts and the relationship between state and federal governments, including the extent to which the efforts of state judges and legislatures to regulate intellectual products might be preempted by federal law. Primary emphasis is on the interrelations of all intellectual property protections; however, students also will study the basic principles and legal rules governing idea protection, the right of publicity, trade secrets, unfair competition, copyrights, trademarks, and patents. In addition, the course treats important areas of proprietary rights such as dilution and moral rights. No technical background is expected or required. Farley, M. Carroll Spring
  
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    LAW - 671 Land Transfer and Development


    (3 hrs.)

    Examines the real estate transaction and conveyancing process; real estate brokers and listing agreements, tort and contract liabilities, fiduciary duties, and entitlement to commissions; the Statute of Frauds; contracts of sale; down payments and deposits, contingency clauses, risk of loss provisions, time for performance, attorney review clauses, marketable title provisions, and contract remedies; deeds: short- and long-form deeds, legal descriptions, canons of construction, and title covenants and warranties; escrows: agreements and instructions, procedures, and agency duties; title assurance: title searches, recordings acts, abstractors’ certificates, title insurance policies, state statutes promoting the marketability of titles, curative statutes, and Torrens Acts. Also examines mortgages, deeds of trust, and land finance: the loan underwriting and appraisal process, loan commitments, the secondary market for mortgages, alternative mortgage instruments, and mortgage substitutes; mortgage notes: prepayment covenants, transfer of the note and mortgage; defaults and acceleration of debt; the right to reinstate and redeem the debt, receivers and other pre-foreclosure, real estate bankruptcies, loan workouts, and the environmental law aspects of real estate transfer and finance. Burke, Mark Fall
  
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    LAW - 672 Law and Accounting


    (2 hrs.)

    Basic accounting principles, role and responsibilities of the independent auditor, expectations of users of financial statements, recognition and realization, valuation, timing of costs, leases, delineation of creditors’ and stockholders’ rights, necessity for disclosures, concepts of materiality and role of the SEC in accounting law. Mahoney Fall
  
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    LAW - 673 Remedies


    (3 hrs.)

    Basic principles in damages, equity, and restitution. Application of those principles to torts and breach of contracts. Epperson Spring
  
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    LAW - 674 Law of Professional Sports


    (2 hrs.)

    An introduction to legal and business aspects of the sports industry. The course will examine the structure of professional sports, including the interrelationship of leagues, clubs, and individual athletes and their representatives. Antitrust, labor, and contract law principles will be discussed, as will practical aspects of practicing law in the professional sports industry. Topics also will include negotiating and drafting contracts and ethical considerations in representing the professional athlete. Duru, Shatsky Spring
  
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    LAW - 675 Transnational Litigation


    (3 hrs.)

    Review of U.S. law and procedure in aid of international civil litigation. Comparison of judicial assistance procedures (service of process and obtaining evidence abroad) under U.S. and civil law systems. Survey of domestic cases under the Hague Service and Evidence Conventions; study of the concept of judicial sovereignty and foreign blocking statutes. Study of selected transnational litigation issues, including jurisdiction to adjudicate and subject matter jurisdiction; forum selection and arbitration clauses; concept of sovereign immunity and suits against foreign sovereigns. Prerequisites: Civil Procedure (LAW-501) and Evidence (LAW-633). D. Epstein Fall
  
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    LAW - 676 Gender and the Law


    (2-3 hrs.)

    This course will provide students an introduction to how concepts of sex and gender interact with the law in the United States and internationally. Students will focus on how feminist movements and anti-feminist forces use law to challenge or reinforce gender norms. In each class, students will examine examples of legal mechanisms (such as civil litigation, criminal prosecution, legislation, and international instruments) that enable or constrain the ability of women to participate in the labor force; make choices about reproduction, health, and family life; protect themselves from violence; care for their families; access such resources as land and wealth; obtain political power; and agitate for change. Kraiem
  
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    LAW - 677 International Litigation and Arbitration


    (3 hrs.)

    Focuses on private international law, linking the institutions and enforcement of international arbitration and litigation. Emphasis on the role of litigation and arbitration in the resolution of international civil disputes. Topics covered include the role of the United States as a magnet forum; jurisdiction of courts (both U.S. and EU countries) and international commercial transactions; forum non conveniens; enforcement of foreign judgments; and discovery of information located abroad. D. Epstein Spring
  
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    LAW - 677S International Arbitration and Choice-of-Law Issues


    (1 hr.)

    Focuses on choice-of-law problems observed by international arbitrators when resolving disputes as viewed from the perspective of the general theory of conflict-of-laws (private international law).Addresses the organization of the ICC Court and its Secretariat and main aspects of the ICC rules of Arbitration. Students also analyze specific ICC cases to discover how procedural and substantive law issues are dealt with in practice in ICC arbitration. Summer
  
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    LAW - 679 International Investment Law


    (2-3 hrs.)

    Focuses on the results, in terms of state responsibility, of an illegality committed against an alien, particularly with respect to the taking of property and property rights. The course considers ways in which an illegality can be redressed and actions that may be taken to seek redress of such an illegality. It concentrates on the means for the settlement of disputes and the protection of foreign investment, particularly from the perspective of operations of the World Bank Group (the World Bank, International Finance Corporation, Multilateral Investment Guarantee Agency [MIGA], and International Center for the Settlement of Investment Disputes [ICSID]). Perera Fall, Spring
  
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    LAW - 680 Law of the American Political Process


    (3 hrs.)

    Examines federal constitutional and statutory law governing the American political process. The purpose of the course is to define the basic constitutional principles of the American democratic system, master the essential rules of federal campaign and election law, and describe different potential theories of democracy as they have emerged in American legal history. Topics include the right to vote, legislative apportionment, the Voting Rights Act of 1965, political party primaries and procedures, ballot access and candidate qualifications, the Voting Rights Act of 1982, campaign finance and campaign speech and their relationship to the First Amendment, political action committees (PACs), political broadcasting, media access, and political patronage. Raskin, Boles, DeManiris, Vela Spring
  
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    LAW - 681 International Law of Biodiversity


    (1-3 hrs.)

    Considers the fate of the world’s wildlife and biological heritage, from whales and bacteria to rain forests and coral reefs. This course surveys the most important international agreements on the protection of species, habitats, and ecosystems, such as the new Convention on Biological Diversity. It reviews the international implications of selected domestic laws, which will be examined within their scientific, economic, political, and cultural contexts. Students also explore the relationship these laws have to other fields of law, including human rights, indigenous peoples’ rights, trade, and intellectual property. Summer
  
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    LAW - 685 Oil and Gas Law


    (2 hrs.)

    Nature and ownership of oil and gas interests, conveyancing and leasing of hydrocarbon interests, royalties, implied covenants in oil and gas leases, pooling and utilization, Oil and Gas Conservation Commission practice, and oil and gas lease operational rights and restrictions. McMurray, Nussdorf Fall
  
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    LAW - 688 Patent Law


    (3 hrs.)

    Provides an introduction to issues of legal protection and incentives for technological innovation, focusing on the federal Patent Act, federal court decisions, Patent Office rules, and relevant provisions of international patent law treaties. Specific topics include the history and philosophic underpinnings of American patent law; why people seek patents and the economics of inventive activities; the patent application process; substantive requirements for obtaining patents; how patents are enforced; licensing of patented inventions and antitrust law considerations; and international patent protection. J. Anderson, Lindeman Fall
  
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    LAW - 690 Education Law


    (3 hrs.)

    Examines elementary and secondary education. The initial focus is the power of the state to compel a child to attend school and the constitutional and statutory framework within which the state regulates schooling. The course examines the educational opportunities an individual is entitled to receive from the state as embodied in federal and state constitutions and statutes. Concepts of equal education opportunity; equal resources; equal treatment regardless of race, sex, or handicap; and equal outcomes are analyzed. Uses and misuses of social science research in shaping legal outcomes also are examined. Epperson, M. Gross Fall, Spring
  
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    LAW - 691 Sex-Based Discrimination


    (3 hrs.)

    The application of the Constitution, Title VII, Title IX, and the Equal Pay Act to discrimination against men and women; historic, social, economic, and psychological factors. Frank Spring
  
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    LAW - 692 Antitrust Law


    (3-4 hrs.)

    Examines the laws that protect consumers by ensuring competition in the marketplace. Topics include agreements among rivals, agreements between firms and their suppliers and customers, monopolization, mergers, and antitrust and the “new economy.” The course goes beyond Supreme Court case law to study influential modern lower court decisions and government enforcement guidelines. Although economic concepts and thinking characteristic of contemporary antitrust analysis are integrated throughout, the economic content of the course is accessible to students without background in that field. J. Baker, James May, Kolasky Fall, Spring
  
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    LAW - 693 Adv Antitrust Law


    (2 hrs.)

     

    This course will study the economic issues that arise in horizontal merger analysis, during agency review and, in the event the transaction is challenged, during litigation. These include market definition, the presumption of harm from market concentration, unilateral and coordinated competitive effects, entry, and efficiencies. One goal for the class is to prepare students to join a team investigating (for the government) or advocating (for the firms) a proposed merger - before an enforcement agency or in court - and contribute immediately.

    The class will combine traditional classroom discussions of various topics in the antitrust analysis of horizontal mergers with multi-class simulation exercises to apply that learning. The simulation exercises will be based on the pleadings and testimony in two antitrust challenges to mergers litigated during Fall 2013, one involving platforms for collecting and displaying product ratings and reviews online and the other involving airlines (the merger of US Airways and American).

      Baker Spring

  
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    LAW - 694 Criminal Trial Advocacy


    (3 hrs.)

    The Criminal Trial Advocacy course is based on trial simulations, practical instruction, learning by doing, and feedback from faculty and fellow students.  The course focuses on case theory, trial strategy and tactics, opening statements, examination of witnesses, and closing arguments.  In this course student-attorneys try three fictitious cases.  Students try the final case in a courtroom before a real judge and jury panel of undergraduate students.  Cases are tried under the Federal Rules of Criminal Procedure and Evidence.  Each section has two instructors, a judge and a law professor or attorney experienced in litigation.  Special features of these classes are in-class discussions by a professional actor on the use of techniques to communicate more effectively and a homicide detective on the basics of criminal investigations. LAW-507 Criminal Law LAW-508 Criminal Procedure and LAW-633 Evidence Aaronson, Algeo, Beard, E.Christian, Creighton, Fredrickson, Gansler, Helfand, Hillyer, Lippy, Mason, Raker, Rupp, Schmitt, Stein, Sullivan, Schmitt, Woodward Fall, Spring
  
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    LAW - 695 Civil Trial Advocacy


    (2-3 hrs.)

    The Civil Trial Advocacy course is based on trial simulations, practical instruction, learning by doing, and feedback from faculty and fellow students.  The course focuses on case theory, trial strategy and tactics, opening statements, examination of witnesses, and closing arguments.  In this course student-attorneys try three fictitious cases.  Students try the final case in a courtroom before a real judge and jury panel of undergraduate students.  Cases are tried under the Federal Rules of Civil procedure and Evidence.  Each section has two instructors, a judge and a law professor or attorney experienced in litigation.  Special features of these classes are in-class discussions by a professional actor on the use of techniques to communicate more effectively and a homicide detective on the basics of criminal investigations. LAW-501 Civil Procedure LAW-633 Evidence Aaronson, Algeo, Armstrong, Beard, Christian, Creighton, Fredrickson, Gilday, Johnson, Karl, Hillyer, Lippy, Mason, Raker, Rupp, P. Stein, Woodward Fall, Spring
  
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    LAW - 697 Wills, Trusts, and Estates


    (4 hrs.)

    Case and statutory law regarding trusts and wills; the creation and termination of trusts; contemporary use of the trust device; constructional problems of trusts; the making and execution of wills; testamentary capacity, character, and intent; revocation, ademption, abatement, and lapse; and property rights of surviving spouse. Abravanel, Edmisten Fall, Spring
  
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    LAW - 698 International and Comparative Copyright


    (3 hrs.)

    A survey of the multinational and bilateral agreements which govern the enforcement of copyrights across national boundaries. Explores the similarities and differences which exist between U.S. copyright and other developed countries, copyright in developing countries, and the problems of enforcing the rights of American copyright owners overseas. Prerequisite: Copyright (LAW-623). Jaszi Spring
  
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    LAW - 699 International Competition Law


    (3 hrs.)

    The principal objective of the course is to provide students with a basic and reasonably broad overview of competition law and policy in a global setting and with the analytical tools, including a basic understanding of economics, necessary to identify and address antitrust law concerns. To achieve these goals, the course focuses principally on US and EU law and procedure. Laws of other jurisdictions, including Australia and Japan, are referenced where useful comparative lessons might be drawn. Time is also spent on jurisdictional issues and the increasingly important multilateral efforts to promote and harmonize competition law enforcement. The course does not require prior coursework in the area or an economics background.


      W. Todd Miller Fall

  
  •  

    LAW - 707B Advanced Constitutional Law Law: Marshall-Brennan Seminar


    (2-3 hhrs.)

    Permission required Constitutional Law Cooperman Fall, Spring
  
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    LAW - 709B Consumer Financial Services Law


    (2 hrs.)

    Acquaints students with the primary laws and rules governing consumer financial services, the agencies with jurisdiction over these laws and supervisory powers over the financial providers, and the process by which these laws are enacted, interpreted and enforced. The consumer financial services industry is a large part of the American economy, with new products frequently introduced and constantly emerging methods of distribution, including e-commerce and social media. Buckely, Negroni Spring
  
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    LAW - 711 Mergers and Acquisitions


    (3 hrs.)

    The application of the federal securities laws and state corporation laws to takeovers of corporations, mergers, tender offers, proxy contests, and open market and privately negotiated acquisitions of corporate control. Also includes an examination of the Williams Act and cases thereunder relating to third-party acquisitions of control; issuer repurchase programs; issuer tender offers; going private transactions; and fiduciary duties of incumbent management during takeovers. Current trends and techniques in takeover practice are emphasized. Prerequisites: Business Associations (LAW-611) and Securities Regulation (LAW-612). Connolly Fall, Spring
 

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