2012-2013 School of Law Catalog archived
Curriculum - Second and Third Year
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Required Second Year Courses
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LAW 230 - Constitutional Law.
Federalism and interstate relationships, with particular reference to the Commerce Clause; civil liberties as defined by the Bill of Rights, with particular reference to the Due Process and Equal Protection Clauses and the First Amendment; Congressional protection of civil rights.Four hours.Massie and Miller -
LAW 285 - Evidence.
This course concentrates on the substantive rules that govern the admission of evidence at trial. Relevance, hearsay, the privileges, judicial notice, the best evidence rule, and the examination of witnesses are all studied. The techniques of introducing evidence are covered in the trial practice courses.Three hours.King
Required Third Year Courses
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LAW 388 - Law Related Service.
Each third year student must complete one course credit of law related service during the academic year; students optionally may schedule a second credit. Service is defined as activities that serve either the public or the legal profession. Credit is allocated on the following criteria: (1) qualifying activities must be supervised by a faculty member or senior administrator, who will oversee student work and will set guidelines for satisfactory completion and (2) a student must complete a minimum of forty (40) hours of uncompensated service for each course credit. These hours may be completed in one semester, two semesters or over scheduled breaks. All Service hours must be completed no later than the final day of exams in the Spring semester.One or two hours.Natkin -
LAW 407 - Skills Immersion I.
Two-week course covering fundamental skills used in disputes, culminating in a trial.Two hours.Faculty.(fall semester) -
LAW 411 - Skills Immersion II.
Two-week course covering fundamental skills used in transactions, culminating in a deal.Two hours.Faculty.(spring semester) -
LAW 387 - The Legal Profession.
The course includes units addressing such topics as ethics and professional responsibility; economics and financing of the legal system; “business aspects” of the profession; marketing and advertising of legal services; interactions with clients; history of the legal profession; cultural and demographic issues in the legal profession; different career paths and opportunities available to lawyers; time management and organizational skills; the impact of globalization on law practice; the impact of new technologies on law practice; work-life balance, stress, and lifestyle issues; the role of the lawyer as citizen participating in civic and community and corporate leadership; and the future challenges, stresses, and “great issues” facing the profession. Pass/no pass grades will be based on a short paper and on the level and quality of student participation in the sessions.One hour.Moliterno
Second and Third Year Elective Courses
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LAW 204 - Abortion Controversy Seminar.
This seminar will broadly examine the abortion controversy. Specific topics depend in large part upon student choice, but you can expect the course to range well beyond Supreme Court cases. Past offerings have covered such issues as fetal personhood; the use and relevance of demonstrative evidence, including fetal ultrasound requirements; partial-birth abortion; the proper scope of health and safety regulations for abortion clinics; the appropriate role, if any, of males in the debate; Planned Parenthood; and the proper role, if any, of religious values. Students will lead a class discussion and write a research paper structured to satisfy the upper-level writing requirement.Two hours.Calhoun -
LAW 200 - Accounting and Finance for Lawyers.
This course examines the relationship between financial information and legal problems in both litigation and transactional settings. The course will begin by examining the financial record-keeping process, generally accepted accounting principles, and the content and form of financial statements. Students will then analyze and interpret financial statements. Students will also consider how several important economic questions play out in the litigation setting, including financially based calculations of damages, the use of structured settlements, and tax considerations in settlements.One hour.Evans -
LAW 205 - Advanced Legal Research.
A survey course focusing on examination of fundamental methods, techniques, strategies and resources beyond the basics, exposing the student to print and electronic information sources utilized by research in general and selected specialized areas of law.Two hours.Ms. Osborne -
LAW 212 - Advanced Negotiations, Strategies and Skills.
With problem solving and interest-based negotiation as a springboard, this course will take these negotiation skills to a higher level and will examine and explore mediation, the collaborative process and other negotiation processes, to include the ethical considerations of the various negotiation processes. This course will be primarily a skills-training course using various negotiation techniques and a number of problem-solving exercises along with write-ups and analyses of said exercises. There will be no exam and grades will be based on class participation, participation in the problem-solving exercises and in the write-ups of exercises.One hour.MorrisonPrerequisite: Completion of both fall and spring skills immersion courses or the basic Negotiation course. -
LAW 208 - American Legal History Seminar.
This seminar examines selected topics from American legal history, drawn from the colonial period to the contemporary era. It focuses on the role of historical thinking at key moments in American legal history, the use of historical analysis in judicial opinions, and the influence of history in American jurisprudence.Two hours.Trusner -
LAW 215 - Antitrust Law.
A study of the basic doctrines of federal and state antitrust law with emphasis on Sections 1 and 2 of the Sherman Act and Section 7 of the Clayton Act. The course examines collusive arrangements among competitors and exclusionary agreements, exclusionary conduct by individual firms with substantial market power, and mergers between competitors adversely affecting competition, as well as the role of governments and private plaintiffs in enforcing the antitrust laws. The course emphasizes the economic and political policies underlying the antirust laws, practical aspects of practicing antitrust law, and, because of its rapidly evolving nature, current developments in antitrust law. A study of basic doctrines of the federal antitrust laws. Attention will be paid to the political and economic theories that lie behind disputes about antitrust doctrine and policy.Two hours.Miles -
LAW 209 - Applied Environmental Law.
The principal aim of this course is to allow students to work with a non-profit organization, allowing the students to engage one or more discrete issues of environmental law impacting the local community. Students will not only apply their knowledge of environmental law, but also develop specialized knowledge in the area of environmental law presented by the selected issue(s). Advanced doctrinal material in environmental law will be presented appropriate to the issues selected during the term (for example, water quality or conservation easements). As a group the students will attend the client’s meetings regularly, obtain information from state and federal agencies as necessary, file information requests, research legal questions and draft memoranda as necessary to tackle the problem at hand. Students will not be engaged in legal representation but will assist local attorneys with research. 2 hours. Fraley Prerequisite: Environmental Law. -
LAW 210 - Bankruptcy.
This is a survey introducing students to the bankruptcy issues attending the liquidation and reorganization of businesses as well as the rehabilitation of individual debtors. While a substantial portion of the course material considers the incidents of Chapter 13 adjustment of consumer debt and the reorganization of large businesses under Chapter 11, the focus of the course is on the general principles that apply across all of the chapters of the Bankruptcy Reform Act of 1978, as amended. Through a combination of problems and cases, the students develop an understanding of the debtor-creditor dynamic in bankruptcy proceedings.Three hours.Howard -
LAW 214 - Bioethics Seminar.
This seminar examines developing medical technologies that pose acute ethical dilemmas, viewed from the context of the legal system’s actual or desirable response to them. Subjects include medical research and experimentation, genetic engineering, reproductive technologies and maternal-fetal conflicts, allocation of resources in organ transplantation and other scarce forms of medical treatment, legal issues raised by AIDS, and control of the dying process. Initial class meetings will discuss the ethical and legal contexts for examining these issues. Each student will develop a research paper of approximately 20-30 pages, analyzing the ethical and legal considerations relevant to a particular issue of interest to the student and proposing an approach or solution for dealing with the problems raised. Papers will be critiqued by the instructor individually for re-writing. Students will read each other’s work, and each student will conduct a discussion of his/her paper with the group as a whole.Three hours.Massie -
LAW 221 - Child Abuse and Neglect Seminar.
This seminar will examine the response of the legal system to issues of child abuse and neglect. Attempts by courts and legislators to define abuse and neglect will be reviewed and critiqued. The seminar will also explore the legal framework which governs state intervention to protect children from abuse and neglect. Attention will be paid to both state and federal law, including the federal constitutional issues which arise in many child abuse and neglect proceedings. Issues relating to the professional responsibilities of lawyers involved in abuse and neglect proceedings will be examined.Two hours.ShaughnessyRecommended but not required: Family Law.Not offered in 2012-13. -
LAW 226 - Children, Culture and Violence Seminar.
This seminar will examine the impact of violence on children’s lives. It will focus not only on children as direct victims of violence but also as consumers of violence (in the form of video games, rap and hip-hop music, movies and television) and perpetrators of violence. It will explore issues in culture affecting the well-being of children, including handgun violence, bullying, child abuse and neglect, the impact of media on children’s aggression, and risk factors for children becoming violent predators. Students will write a seminar paper examining how the law can better promote children’s well-being in one or more of these areas through legislative, judicial, regulatory, or litigation initiatives.Two hours.WilsonThere are no prerequisites for this seminar. -
LAW 218 - Close Business Arrangements.
This course deals with those business arrangements having relatively few participants. The contractual aspects of agency law, the law of general and limited partnerships, and the governance and financial structure of the close corporation will be studied. Planning to protect client expectations will be emphasized.Three hours.Bruner -
LAW 237 - Comparative Constitutional Law Seminar.
This course provides both grounding in the methodology of comparative constitutional law and in-depth exposure to the comparison of the United States (common law tradition) and German (civil law tradition) constitutions. The comparison is conducted by reference to key features of all constitutional arrangements, including: constitutional foundations (the locus of sovereignty; the State and the law); organization of power (separation of powers; federalism); rights of citizens (models of rights protection; judicial review). The course focuses on two countries as points of comparison in order to fully develop the theory that constitutionalism is deeply a matter of social context. Students will lead a class discussion and write a research paper.Two hours.Miller -
LAW 227 - Comparative Criminal Justice Seminar.
This course will survey the systems of criminal justice from a comparative perspective, examining the history and jurisprudence of the major legal traditions and the policies and practices adopted in representative nations. In particular, it will consider how different traditions and nations approach the various stages in the criminal process, including: crime definition, policing and investigation, pre-trial procedures, determination of guilt, and sentencing. The aim of the course is to facilitate a deeper understanding of the diverse systems of crime and punishment around the world, which, in turn, allows critical reflection about American criminal justice.Two hours.LunaWill not be offered in 2012-2013. -
LAW 235 - Comparative Health Law Seminar.
All health care systems face a wide range of issues, including how to assure access to health care, control health care costs, respond to medical negligence, protect the confidentiality of medical information, allocate power in the professional-patient relationship, and decide when life begins and ends. Though these issues are common to all health care systems, the legal approaches that different systems take to them vary dramatically. This seminar will begin by providing an overview of the world’s health care and legal systems. Students will then prepare and present papers dealing comparatively with a range of health law concerns.Two hours.Jost Not offered in 2012-2013. -
LAW 334 - Complex Litigation: Injunctions.
Significant and controversial in civil rights, environmental and employment litigation, the injunction has distinctive attributes which this course examines. The topics include the irreparable injury rule, balancing the hardships, the prior restraint rule, and the collateral bar rule. Injunction procedure has several specialized features: the temporary restraining order, the preliminary injunction, the lack of a jury trial, and the motion to modify or dissolve. Judges wield contempt to enforce injunctions against recalcitrant defendants; the distinctions between criminal and civil contempt; the characteristics of compensatory contempt, coercive contempt, and criminal contempt; and who must obey an injunction will also be examined.Three hours.Rendleman -
LAW 225 - Conflict of Laws.
The course examines a series of interrelated subjects: choice of law, involving conflicting laws of two or more states, each of which arguably could be applied to the case at hand; constitutional limits on a state’s power to choose its own law and to subject nonresidents to the jurisdiction of its courts; recognition and enforcement of judgments issued by courts of other states; and the unique problems posed when the conflict of laws is international rather than interstate.Three hours.Kirgis -
LAW 231 - Constitutional Law Seminar.
Selected topics in Constitutional Law. Past topics have included reproductive liberties, freedom of speech and religion, cruel and unusual punishment, takings and executive branch powers. This course may be repeated with permission of the instructor.Two or three hours.Buchhandler-RaphaelPrerequisite: Constitutional Law or permission of the instructor.
Fall 2012 - (two credit hours) Topic will cover Freedom of Speech.
(Constitutional Law is not a prerequisite for the Fall 2012 course.) -
Law 241 - Contemporary Issues in Immigration Law and Policy Seminar.
This seminar will cover selected topics in contemporary immigration law and policy, with a focus on understanding the legal context behind today’s immigration controversies. The focus will be on how immigration law impacts and is impacted by constitutional jurisprudence, new modes of enforcement, human rights, and national security.Two hours.Haas -
LAW 242 - Contemporary Problems In Law and Journalism.
A study of issues on the frontier of developments in law and journalism. There is a writing requirement. Enrollment is limited to approximately ten law and six journalism students.Two hours.Murchison and AbahPrerequisite: Mass Media Law or permission of the instructor.Not offered in 2012-2013. -
LAW 246 - Copyright Law.
As the economy shifts from a manufacturing economy to an information economy, copyright law has become increasingly more important. Rights in literary works including software, music, text or visual images are studied. The course focuses on the Copyright Act of 1976, and the amendments to it in the Digital Millennium Copyright Act, which was enacted to address issues raised by new technologies. The course addresses other issues as they complement copyright law such as trademark and right of publicity laws.Three hours.WiantNot offered in 2012-2013. -
LAW 303 - Corporate Income Tax.
A general study of corporate tax transactions, including corporate formations, dividend and redemption distributions to shareholders, acquisitive and divisive reorganizations, and liquidations.Two hours.HellwigPrerequisite: Federal Income Taxation of Individuals. -
LAW 265 - Criminal Procedure - Adjudication.
The adjudication process applied in criminal cases from arrest through verdict. Specific topics include: pre-trial release, preliminary hearing, indictment, motions, joinder and severance, guilty and other pleas, discovery, jury trial, double jeopardy.Three hours.Shapiro -
LAW 233 - Criminal Procedure - Investigation.
A study of selected topics. Emphasis on the constitutional protections afforded criminal suspects and defendants by the Fourth, Fifth, Sixth and Fourteenth Amendments.Three or four hours.Luna -
LAW 255 - Criminal Regulation of Vice Seminar.
Gambling, drug and alcohol abuse, and commercial sex – pornography and prostitution – are all regulated by criminal law. This advanced criminal law and legal theory seminar will focus on “Vice Crimes”: a special category of crimes that has traditionally been viewed as “victimless” and prosecuted primarily for the purpose of enforcing morality. We will explore the legal and theoretical aspects of criminal vice regulation, including debates about morality and harm, consent and coercion, and the implications of prohibition and enforcement. Students will be offered the option of writing one substantial research paper or four to five shorter papers. The research paper will be structured so that it will satisfy the upper-level writing requirement.Two hours.Buchhandler-Raphael -
LAW 264 - Cyber Crimes Seminar.
This course will examine the unique legal issues that judges, prosecutors, government and private businesses are confronting as they respond to the threat of cyber crime. This course will consider how these entities have and should respond to these issues and attendant legal and policy considerations. Topics will include: the Fourth Amendment applied to cyberspace, privacy in cyberspace, electronic surveillance, hacking, viruses, internet crimes against children, identity theft, and phishing. There are no prerequisites for the course. Each student is required to participate in class sessions, write a paper on an approved topic, and make a presentation to the class on the paper.Two hours.Muir -
LAW 263 - Death Penalty.
This course begins with a historical survey of the challenges to the death penalty in the Supreme Court that culminated in Furman (1972) and Gregg (1976), and that were followed by a long effort at procedural regulation that continues to the present time. Topics covered will include Eighth Amendment proportionality challenges (death as punishment for non-homicidal crimes, unintentional murders, juveniles, the mentally retarded and the mentally ill), racial disparity, jury sentencing, effective defense representation, the law of “actual innocence,” the changing politics of capital punishment, and international law and practice. The course will also attempt to evaluate the death penalty in the context of the enormous expansion of the American penal system as a whole since the 1970s. Two hours. Bruck -
LAW 266 - Decedents’ Estates and Trusts.
A study of the gratuitous transfer of property by will, by intestate succession, and by the use of testamentary and inter vivos trusts.Three hours.Hylton -
LAW 268 - Drafting Contracts.
In this course students will learn the essential elements of translating a business deal or settlement agreement into a written contract. Students will learn about the typical component parts and organization of contracts, the language frequently used in contracts, and concepts of language interpretation. Students will analyze the risks associated with the interpretation of contract language and learn how to problem solve and allocate risk between the parties through careful drafting. Students will draft business agreements, settlement agreements, and attorney engagement agreements based on hypothetical scenarios. One hour. Evans -
LAW 270 - Employment Practices.
A survey of federal and state law governing the employment relationship. The course considers the nature of the employment relationship, with particular emphasis on employee and employer rights and duties in hiring, terms and conditions of employment, and termination. Subjects include but are not limited to employment discrimination, wage-hour regulation, workplace health and safety, and employment and income security.Two hours.Woody -
LAW 275 - Environmental Law.
An overview of the response of the American legal system to the problems of environmental disruption. The initial class sessions will be centered around a discussion of the causes and the effects of changes in environmental quality. Next, a substantial number of classes will be devoted to an analysis of the perceived failure of traditional private litigation to redress environmental grievances and the subsequent resort to legislatively created and administratively implemented regulatory schemes. In this portion of the course special emphasis will be placed on the major federal environmental statutes.Two hours.Fraley -
LAW 287 - Estate and Gift Taxation.
This course examines the federal taxes imposed on gratuitous transfers during life and at death. Topics include: an overview of the estate and gift tax systems; the definition of “gift” for gift tax purposes; the gift tax annual exclusion; the composition of the gross estate; interests included in the gross estate by virtue of retained powers or interests in property transferred during life; the estate and gift tax marital and charitable deductions; estate and gift tax valuation principles; and the generation-skipping transfer tax. Two hours. Hellwig -
LAW 283 - European Environmental Law.
The course will introduce the basics of EU environmental law in international and comparative context. The following topics will be covered: evolution and leading principles of EU environmental law and policy, EU competences and sources of EU environmental law, institutional background with an emphasis on the role of the European Commission and the EU Court of Justice. The role of the EU in tackling the global problems of environmental protection will be explored through examination of: climate change, air protection, nature protection, and public participation in environmental protection. One hour. Ms. Tomoszkova -
LAW 289 - Family Law.
A study of legal problems of the family (including non-marital “families”). Topics discussed include the relationship of the parent, the child, and the state, with emphasis on adoption, child custody, and neglect; the creation and dissolution of marriage; the rights of family members to property, support, and service; and, reproductive decision making.Three hours.Wilson -
LAW 239 - Federal Civil Litigation Seminar.
In this seminar we will be discussing the history, development, and reform of the federal rules of civil procedure and then focus on a survey of some of the more contentious issues within federal practice and procedure. In the past such issues have included revisions to civil pleading standards, summary judgment practice, discovery reform, class action reform, internet jurisdiction, due process remittitur, managerial judging, and Rule 11 reform (not an exhaustive list). The issues covered would change slightly each time the course is taught to reflect what matters are of contemporary relevance and importance.Two hours.SpencerNot offered in 2011-2012. -
LAW 293 - Federal Income Taxation of Individuals.
A general study of individual income tax problems, including what is gross income, what is excluded from gross income, when and to whom income is taxable, tax aspects of divorce and separation, personal and business deductions, tax-free exchanges, capital transactions, with some consideration of the policy for various tax provisions and the growing complexity of tax law.Three hours.Ms. Drumbl and Hellwig -
LAW 299 - Federal Indian Law.
This course examines the development of federal Indian law, including the history of federal Indian policy, treaties, trust responsibility, civil and criminal jurisdiction, and the federal, state, and tribal relationship. Current issues will also be examined, including the powers of Indian tribes, the Indian Child Welfare Act, taxation, economic development regulation, and gaming.Two hours.D. Smith Not offered in 2012-2013. -
LAW 300 - Federal Jurisdiction and Procedure.
Federal courts, at both the trial and the appellate levels, are limited in the cases they can properly decide by the explicit language of the Constitution and the implications of the concept of federalism embodied in the Constitution. The essence of this course is the examination of the jurisdiction of the federal courts in the light of these limitations, the study of specific procedures, e.g., removal, is a distinctly secondary concern. Examined are the development of the federal judicial system, congressional control of the distribution of judicial power among the federal and state courts, review of the state court decisions by the Supreme Court, federal common law, federal question jurisdiction in the federal district courts, and control of state official actions by federal courts.Three hours.Shaughnessy -
LAW 305 - Fundamentals in Conflict Resolution and Mediation.
Participants will gain an understanding of the principles, processes, and skills needed to mediate disputes. Attendees enhance their communication skills, understanding of conflict theory, practice of mediation, and how to evaluate their progress. Mediation trainers will give individual feedback to help participants address specific strengths and weaknesses. The Office of the Executive Secretary of the Supreme Court of Virginia certifies this course and the trainer. Fundamentals in Conflict Resolution and Mediation functions as the initial training required for persons wishing to pursue certification as a mediator for General District Court referrals in Virginia. Limited enrollment. Third Year students only. Pass/no pass only. One hour. Taught by the training staff of the Fairfield Mediation Center -
LAW 312 - Health Care Quality Regulation.
This course will examine those aspects of Health Law most pertinent to ensuring quality in the health care system. Beginning with basic definitions of “health” and “quality,” the course will move on to licensing as a means of regulating acceptable quality in various categories of health care providers, including physicians, nurses, physician assistants, and hospitals. Another primary means of quality enforcement in this country is the tort system, in the form of medical malpractice actions against both individuals and health care institutions. At the individual level, the physician-patient relationship, with its emphasis on communication and informed consent, lies at the heart of our system, despite the sometimes depersonalizing pressures of managed care. Subjectively, acceptable health care outcomes depend upon responsible bioethical decision-making in a world where technology forces re-definitions of what we mean by “quality” where health care is concerned.Two hours.Jost -
LAW 309 - Health Law Organization and Finance.
This course addresses the organization and finance of the health care industry in the United States. It examines the problems of access to health care and control of health care costs, including consideration of state and federal managed care regulation, the effect of ERISA on health insurance, the Medicare and Medicaid programs, and the Emergency Medical Treatment and Active Labor Act. It will also consider issues presented by the organization of the health care enterprise, including medical staff privileging, labor and employment problems, fraud and abuse, antitrust, and structuring relationships among providers.Three hours.Jost -
LAW 314 - Human Rights Protection in Europe.
This short-course will explore basic human rights concepts and their application in the European context. Students will compare the procedural and substantive aspects of human rights protection in Europe and the United States, including examination of selected human rights such as free speech, freedom of assembly, freedom from torture, social and economic rights, and the right to health. One hour. Tomoszek. -
LAW 311 - Independent Clinical Study.
Students may pursue placements in areas of practice not covered by the clinical course offerings. Placements must not be compensated, must be supervised on-site by an attorney, must be supervised by a faculty member, must serve the public interest, and must be approved by the Clinical Programs Committee. One or two hours of pass/fail credit will be granted per independent clinical study depending upon the placement. No more than two independent clinical study projects will be given credit towards graduation.Faculty -
LAW 310 - Independent Research Projects and Tutorials.
Students may conduct independent research or pursue specialized studies in areas of the law which are of particular interest to them in the form of independent research projects or tutorials. Faculty members may conduct tutorials for small groups of students on issues not otherwise taught in the curriculum. One to two hours of ungraded credit will be granted per independent research project or tutorial, depending on size and scope. No more than two independent research projects or tutorials will be given credit toward graduation. A student wishing to pursue an independent research project must submit a detailed proposal for the project, including a description of the current literature on the topic, and have the proposal approved by a supervising faculty member and the faculty Independent Research Committee before the end of the add/drop period. Students are, therefore, strongly advised to contact a supervising faculty member prior to the beginning of a term for guidance in formulating a proposal.One or two hours.Faculty -
LAW 320 - Intellectual Property.
This course covers common law doctrines regarding unfair trade practices and examines the status and protection of ideas and rights of creative property owners under the Copyright Act. It includes an analysis of the source and nature of trademark rights, the role of federal trademark registration, and the loss of trademark rights. The course also includes an introduction to patent law. Two or three hours.Seaman -
LAW 325 - International Business and Investment Dispute Resolution.
This course explores issues of international business and investment by focusing on how best to manage derivative disputes. This course examines the legal and policy regimes for resolving international economic disputes with a particular focus on different types of arbitration. It will address the juridical basis for international business and investment dispute resolution involving private parties, the enforcement of arbitration mandates and the implications for the management of international business and investment.Two hours.FranckNot offered in 2012-2013. -
LAW 327 - International Business Transactions.
Problems of corporations and other business entitites engaged in the export or import trade of the United States or in foreign operations, including those related to antitrust and tax matters, U.S. government export controls, antidumping and countervailing duties, the General Agreement on Tariffs and Trade, joint ventures in foreign countries between U.S.-owned and foreign-owned entities, licensing of patents or trademarks, and the European Economic Community. Three hours. Spaic -
LAW 318 - International Commercial Litigation and Arbitration.
This course provides an overview of the unique issues that arise in the course of resolving international commercial disputes. The course examines issues that U.S. courts face with international disputes, including issues related to jurisdiction, acts of state doctrine, foreign sovereign immunity, and enforcement of international judgments. The course also considers how to resolve international disputes through arbitration and how to determine the most effective methods of resolving international commercial disputes.Three hours.FranckNot offered in 2012-2013. -
LAW 333 - International Economic Regulation and Trade Law.
This course will examine some of the legal systems that govern international economic transactions and relations. In particular, we will study the international trade regime, including the way that multilateral rules promulgated by the World Trade Organization and, to a lesser degree, NAFTA, affect U.S. law and policy. The trade regime will be compared to other legal systems, ranging from informal collaboration by domestic regulators across international boundaries to much more elaborate international organizations created by treaty.Two hours.Not offered in 2012-2013. -
LAW 330 - International Trade Law.
This course is an introduction to the institutional and substantive aspects of the law of international trade with particular focus on the WTO/GATT system. The course covers rules of origin, tariffs and customs law, quantitative restrictions, non-discrimination provisions, trade defense mechanisms and the dispute settlement system. It also deals with some of the controversies concerning the future evolution of the WTO and its role in the process of globalization. We will try to emphasize the political, economic and social context of these rules, in order to understand them better and suggest an “international lawyer” approach to these legal topics.One hour.de Areilza Not offered in 2012-2013. -
LAW 284 - Introduction to European Union Law.
An introduction to the institutions and law of the European Union: the Commission, the Council of Ministers, the European Parliament, and the Court of Justice, with attention given to their law-making and dispute settlement techniques.Two hours.Whelan -
LAW 336 - Introduction to Latin American Law.
This course will consider the historical and cultural conditions for the development of law in Latin America. It will focus on the civil law tradition, codification and civil law sources, constitutionalism, including remedies and judicial review and will also look at the legal and judicial systems, including civil and criminal procedure and the tax systems in Brazil, Mexico and Argentina.One hour.Manning -
LAW 340 - Jurisprudence Seminar.
Jurisprudence refers to the philosophy of law. Each year the professor selects one or more of a variety of approaches that will expose students to the history of the philosophy of law, the nature of legal reasoning, or the place of law in our society. Whatever particular approach the course takes in a given year, students will be exposed to a broader vision of what we mean when we use the word “law.” Students interested in Jurisprudence should check with the professor teaching the course to determine what approach will be taken. Students wishing to repeat Jurisprudence in order to be exposed to a different approach must obtain consent of the professor.Two hours.Crotty and Mahon.One in fall, one in spring. -
LAW 345 - Labor Law.
A study of the rights and duties of employees, employers, and labor unions under the National Labor Relations Act and the role of collective bargaining in a free enterprise society. Primary focus will be on the establishment of the collective bargaining relationship, the process of collective bargaining, and the administration of the collective bargaining agreement.Three hours.GrunewaldNot offered in 2012-2013. -
LAW 342 - Law and Geography Seminar.
This course explores the relationship between law, geography and socio-legal structures, focusing particularly on law’s capacity for creating spaces and places and ability to alter the landscape. Topics may include the regulation of public space, colonization and the development of borders, relationships between property law and geographic tools such as cartography, surveys and grids, federalism and the scale of governance, and intersections with environmental law.Two hours.Fraley -
LAW 355 - Law and Religion Seminar.
Drawing on examples from diverse periods and legal cultures, this seminar addresses “law” and “religion” as two realms of life that have much shared history and continue to intersect in the modern world. Several important topics in comparative law and jurisprudence are covered, including authority and legitimacy, the relation between custom and statute, legal pluralism, church-state relations, and competing models of constitutional secularism. A selective survey of legal systems and practices rooted in particular religious traditions will be followed by an examination of how secular legal systems conceptualize religion and balance the protection of religious freedom with their standards of equity and neutrality. Students will write biweekly responses to analytical questions, as well as a research paper.Two hours.Lubin -
LAW 356 - Law and Social Science Seminar.
This seminar examines the uses of social science by practitioners and courts. Its primary goal is to equip students to be sophisticated consumers of social science, whether in civil or criminal litigation or in public policy development. The basic components of social science methodology are introduced. No background in methodology or statistics is necessary. Both applications in civil law (e.g., desegregation, custody) and the criminal context (e.g., domestic violence, sentencing) will be considered. A number of the social sciences will be emphasized, including psychology, sociology, and economics. Students will write a seminar paper critiquing the use of social science in the law in a specific context of interest to them.Two hours.WilsonThere are no prerequisites for this seminar.Not offered in 2012-2013. -
LAW 341 - Law of Terrorism Seminar.
This course introduces students to the rapidly evolving and controversial field of legal responses to terrorism. After discussing various definitions and conceptions of terrorism, as well as interlocking governmental controls and potential legal regimes, the course will examine a series of topics, including: domestic criminal law related to terrorism, civil actions for terrorist incidents, foreign investigation and capture of suspects, terrorism-related searches and seizures, special pre-trial and trial procedures, the role of international law, military detentions and tribunals, and the use of extraordinary measures against suspected terrorists.Two hours.Luna -
Law 360 - Legal Ethics Seminar
A course on the moral and political philosophy of professional roles. Through close reading of recent works applying ethics and political philosophy to the legal profession, we will examine such questions as the relationship between ordinary morality and professional obligations; whether professionals may be blamed morally for their clients’ ends or for activities taken pursuant to professional roles; and the relationship between legal and political institutions, moral values, and the lawyer’s role. Two hours.CooperThis course is also an undergraduate seminar.
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LAW 222 - Mass Media Law.
A study of legal issues involving First Amendment protection of the mass media. Issues include prior restraint, the libel tort and current legislative reform efforts, the torts of invasion of privacy and intentional infliction of emotional distress, press access to government proceedings, reporter’s privilege, and selected problems relating especially to the electronic media, particularly the regulatory role of the Federal Communications Commission.Three hours.Murchison -
LAW 383 - Mass Violence, International Law, and Human Rights Seminar.
This interdisciplinary course touches upon criminal law, international law, film, literature, psychology, jurisprudence, and political science. One aim is to think about the role of law and legal institutions in societies that have suffered gross human rights violations. Another aim is to consider what sorts of legal responses are appropriate to deal with perpetrators and also meet the needs of victims and survivors. Case-studies include: Nazi Germany, Bosnia, Rwanda, South Africa, Sierra Leone, Cambodia, the U.S. post-9/11; as well as complex themes such as child perpetrators, sexual violence, and the defense of “following orders.”Two hours.Mr. Drumbl Not offered in 2012-2013. -
LAW 379 - Medical Technology and the Law.
This course will examine the influence of law on the development, diffusion, and financing of medical technology. A major focus of the course will be the process through which the Food and Drug Administration regulates drug development. The course will also examine the development of technology coverage and payment policies by public and private insurers. Finally, the course will touch on liability and intellectual property issues affecting the development of medical technologies.Two or three hours.JostNot offered in 2012-2013. -
LAW 371 - National Security Law.
This course will cover the United States national security legal framework and how that framework is manifested across fields of law. There have been important legal changes in the post-9/11 environment and those changes continue to evolve rapidly. From a foundational perspective, the course will examine the real or perceived prerogatives of the President and the distribution of power among the three branches. There will be a focus on the tension between national security and key civil liberties – such as the First and Fourth Amendments, Due Process, Privacy, the Writ of habeas corpus, and statutory protections. Topics covered will include intelligence gathering; terrorism; detention; the PATRIOT Act; espionage; role of the military; cybersecurity; telecommunications; and, legal processes. In addition, we will review topics that may have implications for attorneys practicing outside of the national security field, such as federal investigations; security clearances; immigration law; and criminal pitfalls. Two hours.KeeferNot offered 2012-2013. -
LAW 385 - Negotiation.
This course will examine negotiation, the basic and most prevalent dispute resolution process. The course will explore the various elements of negotiation, including interest-based, creative problem-solving and distributive aspects of negotiation. Class sessions and out-of-class assignments will be designed to enable students to gain an understanding of negotiation by direct participation through simulations and sharing insights in class.One hour.Morrison -
LAW 386 - Non-Profit Organizations.
This course deals with the organization and operation of charitable institutions including issues relating to choice of structure and liabilities and obligations of trustees and/or directors, general tax considerations, the private foundation rules, community foundations, state regulation of charities and charitable solicitations, and the role of the non-profit sector in the U.S. economy.Two hours.Birkhoff -
LAW 395 - Patent Law.
The availability and parameters of patent protection is increasing in importance in the information age. The Internet, advances in biotechnology, and divergent court opinions are impacting this area in far-reaching ways. This course provides an overview of patent law for students interested in the area, including those without a technical or scientific background. Topics include patentable subject matter, utility, statutory bars to patentability, novelty, nonobviousness, disclosure and enablement, patent prosecution issues, infringement, remedies, and more.Three hours.Not offered in 2012-2013. -
LAW 380 - Payment Systems.
This course deals with the means by which payments are made. It focuses on negotiable instruments, such as promissory notes and checks, under Articles 3 and 4 of the Uniform Commercial Code, as well as relevant federal law, and includes coverage of a bank’s rights and duties in the check collection process. The course also introduces students to wire transfers and federal regulation of credit cards. A major focus is the allocation of losses due to forgery and other fraud, bank errors, and delays in processing. The course is of particular value to students who expect to practice in firms with an active commercial practice, and is essential to students who expect to represent banks.Two or three hours.CalhounNo prerequisites.Not offered in 2012-2013. -
LAW 391 - Poverty Seminar.
This seminar is open to upperclass undergraduates and law students. An inquiry into the principal factors or agents responsible for the causes, effects, and remedies of poverty. This inquiry will be conducted through reading and close examination of appropriate in-depth studies from various disciplines and perspectives. This inquiry will lead to independent analytical research projects drawing on students’ respective areas of study to investigate specific aspects of poverty. These projects, directed by the instructor with consultation from a designated member of the law faculty, will culminate in a revised essay to be presented to the members of the seminar for discussion.Three hours.Beckley and Pickett -
LAW 392 - Prior Restraints Seminar.
The First Amendment doctrine of prior restraint combines constitutional free-expression doctrines with injunctions and remedies. Under the topic of prior restraint, we will study plaintiffs seeking injunctions against defendants’ expression in cases involving censorship, obscenity, free press-fair trial, national security, abortion-clinic protest, sexual harassment, and libel-defamation, especially internet libel. Each student will select, research, write, and present an original paper that is intended to satisfy the upper-level writing requirement. Two hours.RendlemanNo prerequisites.. -
LAW 396 - Publicly Held Businesses.
This course deals with the publicly held corporation where stock ownership and management roles are separated. The impact of both state corporate and federal securities laws on several major governance and finance issues will be studied. Among the topics expected to be covered are the federal proxy rules, derivative litigation, hostile takeovers, insider stock trading, financing a publicly held company, adjusting shareholder rights, and the social responsibility of large corporations.Three hours.MillonPrerequisite: Close Business Arrangements (or taken concurrently). -
LAW 398 - Quantitative Analysis for Lawyers.
This course is designed to prepare you to handle the range of quantitative issues that occur in modern legal practice. You will become familiar with quantitative research methods, data collection, and data analysis in a legal context. You will learn to develop legal arguments based on quantitative analysis. You will also learn to access the validity of the methods used to collect and analyze data. The course intended to increase your comfort and proficiency in dealing with testimony and reports by expert witnesses.One hour.Keyser -
LAW 408 - Remedies Seminar.
Research in damages, restitution, equitable relief, and injunctions.Two hours.Rendleman -
LAW 405 - Remedies.
Damages in tort and contract, restitution, quasi contract, and constructive trust; and equitable relief, injunctions, and specific performance.Three hours.Rendleman -
LAW 413 - Sales.
This course addresses the law governing the domestic and international sale of goods. It focuses on Article 2 of the Uniform Commercial Code and the United Nations Convention on Contracts for the International Sale of Goods, but may also cover other relevant sources of law, including Articles 1, 5, and 7 of the Uniform Commercial Code and the Magnuson-Moss Warranty Act. Topics will include the formation, modification, and excuse of contractual obligations, the creation and disclaimer of warranties of title and quality, performance stage controversies, and remedies for breach of contract.Three hours.Calhoun -
LAW 414 - Secured Transactions.
This course addresses the use of a debtor’s personal property, both tangible and intangible, to secure the promise to repay money borrowed from a creditor. Unlike a creditor who asserts a common law contract claim only, the secured creditor potentially has a right to seek payment on the contract claim by directly seizing certain agreed upon items of the debtor’s property that serve as collateral for the creditor’s loan. These “secured transactions” are largely governed by Article 9 of the Uniform Commercial Code. Among the issues covered in this course are how creditors receive security interests in the debtor’s property and how creditors obtain priority over competing creditors asserting interests in the same collateral. The course will also examine the creditor’s rights when the debtor defaults on the underlying debt, and the extent to which an Article 9 security interest can withstand attack in the debtor’s bankruptcy. This is a basic business course that will be of value to those whose clients include either secured creditors (bank, finance companies, credit unions and equipment lessors) or debtors (consumers and business entities of all kinds)-in short, to general practitioners as well as commercial law and bankruptcy specialists.Three hours.HowardNo prerequisites. -
LAW 410 - Securities Regulation.
The developing role of the federal government in the regulation of financial transactions of private corporations, with special attention to the work of the Securities and Exchange Commission in selected areas, including disclosure procedures and antifraud rules.Three hours.BrunerPrerequisite: Close Business Arrangements (or taken concurrently). -
LAW 417 - Statutory Interpretation Seminar.
We live in an age of statutes. The role of the lawyer and policymaker is increasingly to make sense of a complex network of statutes, regulations, and constitutions. This seminar will introduce the student to the rules and principles of statutory interpretation, such as the interpretive “canons,” the use of legislative history, and the role of judicial decisions and other statutes in interpreting a given statute. The seminar will also provide an opportunity to discuss the schools of interpretation of legal texts, such as Originalism, Textualism, and Purposivism. Class discussion and a substantial research paper are required.Two hours.Murphy -
LAW 418 - Tax Policy Seminar.
This seminar focuses on the policies and structures of a well designed tax system. The seminar provides an overview of the central policy issues raised by tax system design, including the goals of tax reform, the policies of tax reform, and the characteristics of income-based and consumption-based tax systems. It is designed for students generally interested in public policy issues as well as those specializing in tax.Two hours. Not offered in 2012-2013. -
LAW 381 - Taxation of Partnerships and Limited Liability Companies (LLCs).
This course will examine the tax consequences of partnership/LLC formations, distributions, mergers, and liquidations, as well as the allocation of income and deductions generated by these entities. This course will take into account related Internal Revenue Code provisions such as the at-risk and passive activity loss rules. Lastly, this course will address partnership/LLC drafting issues in order to serve as a primer for “Business Planning.”Two hours.HellwigPrerequisite: Federal Income Taxation of Individuals or may be taken concurrently. -
LAW 427 - Trademarks.
The course focuses on private actions available to business and individuals rather than government actions in antitrust or trade regulation. The course is a study of misappropriation of marks or product configurations and false advertising. Special emphasis is on the nature of trademark rights, the role of trademark registration, and the loss of trademark rights. Offered in alternate years.Two hours.WiantNot offered in 2012-2013. -
LAW 430 - Transnational Law Seminar: German Law Journal.
The seminar, led by the co-founder and co-Editor-in-Chief of the German Law Journal, has two facets. The editorial facet includes assistance with the production of several issues of the German Law Journal. The instructional facet consists of readings about and discussion of related fields, including comparative, European, and international law. Students will write a contribution (article, book review or case comment) for publication in the German Law Journal.Two hours.Miller -
LAW 435 - Virginia Law and Procedure.
This course covers Civil Procedure in Virginia with particular emphasis upon the Virginia Rules of Civil Procedure. Specific subjects covered are: parties, venue, service of process upon individuals and corporations, pleading, discovery before trial, summary judgment, trial in all its incidents, some statutory procedures, and appellate practice.Three hours.Wood
Practicums
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LAW 202P - Advanced Family Law Practicum.
This practicum will parallel the progression of a relationship that begins with marriage and ends in divorce. It takes students through the gamut of services an attorney may provide to individuals contemplating marriage or divorce, from drafting an initial prenuptial agreement to filing of a divorce petition through settlement proceedings to settle the couple’s financial and custody arrangements. More specifically, students will: negotiate a prenuptial agreement, representing intended husband or intended wife; represent the intended father in a surrogate parenting arrangement; do oral argument in a contested custody proceeding between the natural father and a surrogate mother; argue on behalf of surviving family members before the federal fund established for victims of 9/11; prepare a legal memorandum in support of the characterization of stock funds as marital property; prepare an affidavit in support of a motion for pendente lite support; negotiate a settlement agreement resolving all matters arising out of a marriage, including child support, child custody, equitable distribution of property and spousal maintenance, and prepare the supporting documentation. Together these exercises are intended to convey the broad range of skills and values that a lawyer must possess to provide competent counsel. Students will consider the potential effects of procedural rules and ethical rules, as well as the unwritten customs and practices of lawyers. The course also emphasizes the art of lawyering. Students explore the roles and relationships between attorneys and clients—and between attorneys, senior partners, judges and opposing counsel. Students bill for their time. Students will also consider how ethical doctrines like confidentiality may constrain their choices in representing a client.Five hours.WilsonPrerequisite: Family Law. -
LAW 211P - Appellate Advocacy Practicum.
This course is “hands on.” Students will have the opportunity to argue in a moot setting cases that are currently on appeal to the Supreme Court of Virginia. After moot arguments, students will observe the actual arguments before the Court. Students will learn the nature and function of appellate courts; how to preserve issues for appeal; what is subject to appeal and when; standing and what parties must be before the court; how to perfect an appeal; how to make the appellate record; effective brief writing; standards of review; oral argument; and how a judge thinks and makes decisions. With visits to one or more of the Supreme Court of the United States, the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and the Court of Appeals of Virginia, students will also observe appellate advocacy “up close” and have the opportunity to speak with appellate judges about their roles and their work.Four hours.Lemons -
LAW 213P - Banking Law Practicum
This simulation of the Office of General Counsel, Elk Cliff Bank, will explore the rich, forward-looking environment of an in-house banking law practice in a time of financial crisis and, in the process, impart a broad exposure to the discipline of financial institutions law. The Office of General Counsel will hire new staff, negotiate an assistance agreement with the U.S. Treasury Department, help the bank develop a project plan to address the most comprehensive financial reform legislation since the 1930s, and assist with implementing the statute and regulations as developments occur in Washington and the states. As part of Elk Cliff Bank’s corporate team, within a growing firm that needs lawyers who understand its business as well as the intricacies of banking law, the Office of General Counsel will negotiate and draft contracts; analyze and implement new legislation and regulations; advise lobbying efforts; prepare resolutions and proxy materials; write concise business memos; assist in product development; revise consumer forms; manage priorities in a fast-paced, dynamic environment; and set reasonable expectations within the Office of General Counsel and the bank.Four hours.Pannabecker -
LAW 217P - Business Planning Practicum.
This course is aimed at students who expect to be legal advisors to business leaders. The principles of law learned in the corporate, tax, and other commercial courses are drawn together as students perform lawyer-like work on common, but complex and intellectually-demanding, business transactions. Students, for example, advise two entrepreneurs as to the best organizational form for a start-up biotech venture and prepare an actual operating agreement for the proposed deal. They also confront intellectual property topics, professional responsibility concerns, and a host of other business and finance issues as they design the optimal business arrangement for the venture. Students next confront a challenging financing issue. Drawing on their understanding of securities regulation – covering both public offerings and private capital formation – they analyze, and express views on, the choice between conducting an IPO or entering a corporate joint venture to finance a growing business. They then negotiate and prepare (and revise) a detailed letter of intent, addressing all pertinent issues, for a proposed Delaware corporate joint venture between the LLC they earlier formed and an unrelated public corporation. Finally, students handle selected issues associated with the purchase and sale of a business. They work with an Asset Purchase Agreement and ancillary documents in this setting. As they do so, they see how a broad range of legal subjects must be thoroughly understood and addressed in order to handle a complex sale and purchase transaction.Five hours.JohnsonPrerequisites: Close Business Arrangements and Federal Income Taxation of Individuals. -
LAW 223P - Business Tax Planning Practicum.
This course exposes students to the complex world of sophisticated business tax planning. Assuming the role of associates in a law firm, students will learn substantive corporate tax law through research projects and “firm lunches” where students will present and explain a corporate tax topic to the rest of the group. The first part of the course will be devoted to learning corporate tax principles (students who have already taken corporate tax may elect to do research projects in lieu of participating in that portion of the course). The main focus of the course will be dealing with cutting edge problems similar to those that a tax attorney would face in practice. Problems will arise in areas such as business formation, corporate mergers and acquisitions, corporate divisions, and business dissolution. Students will resolve those problems by structuring transactions to accomplish the client’s goals with the minimum amount of tax liability. It is likely that students will be assigned to work in teams. The goal of the practicum is to immerse the students in the perspective of approaching problems from a transactional view. The students will be given a set of facts and objectives (either through a memorandum from the “partner” or via discussion with a client), and will be required to determine what steps should be taken to achieve those objections. An additional goal is to provide the students with exposure to the manner in which highly skilled lawyers utilize those skills to solve complex problems. The principal issues on which the problems will focus are corporate tax issues, but other areas will likely be covered.Five hours.Prerequisite: Federal Income Taxation of Individuals.Not offered in 2012-2013. -
LAW 229P - Civil Litigation Practicum.
This practicum course is designed to simulate the litigation of a civil lawsuit, from filing of pleadings through jury selection. Students will serve as “associates” at “law firms” handling both sides of a personal injury lawsuit. Students will draft pleadings, prepare discovery requests and answers, take depositions, draft and argue motions, hire and prepare experts, and the like.Five hours.Peppers -
LAW 251P - Corporate Counsel Practicum.
This practicum places the student in the position of counsel to an affiliated group of corporations and limited liability companies dealing with corporate structure, environmental, products liability, real estate, insurance, and indemnity issues. Students will analyze methods of sale of a closely held business to a publicly traded company and draft significant documents associated with the negotiation and the contract for the sale of the business. As part of the transaction students will deal with pending litigation against the business and representations required by the buyer as part of the transaction. The course has a heavy emphasis on drafting, in both litigation and transactional settings. Specific drafting projects include: Rule 26 disclosure in Federal Court; electronic discovery stipulations and analysis of document retention policies of the business; evaluation of letter of intent to purchase the business and development of revisions to be sought by seller; environmental evaluation and remediation documents connected to sale; evaluation of pending litigation; sections of purchase agreement dealing with allocation of liability, indemnification, condition of assets, title and liens against assets, and representations and warranties. While most of the work in the course involves drafting and independent research, sessions will be conducted on the issues involved in the drafting of documents with attention paid to the areas of substantive law relevant to the documents to be drafted. Attorneys whose practices concentrate in environmental law, civil litigation, real estate transactions, and mergers and acquisitions will conduct the sessions involving the substantive law in their areas of expertise. These sessions, while instructional, should replicate in part conferences that would be held among counsel representing a seller. This course is designed to expose the student to the breadth of issues that corporate counsel handles through the mechanism of the sale of the business.Four hours.Jennings -
LAW 252P - Corporate Governance and Shareholder Derivative Litigation Practicum.
This practicum emphasizes acquiring practical knowledge and developing strategic decision-making skills in the context of a simulated shareholder derivative lawsuit. A primary goal of the course is to develop students’ written and oral advocacy skills to prepare them for practicing commercial litigation.
Students will be immersed in the shareholder derivative litigation as counsel for the shareholder plaintiffs or the officer and director defendants. They will experience the life cycle of the litigation from filing of the derivative demand notice and the complaint to resolution of the dispute through mediation.
The course will focus on one complex shareholder derivative action. Students will be divided into two teams, representing the shareholders or the officers and directors. Much teamwork will be required to prepare students for working as a part of a litigation team.
Throughout the semester students will advise their clients on the principles of corporate governance and the fiduciary duties of officers and directors in the context of shareholder disputes.
Students will be challenged to draft pleadings that are ready to file with the court, including a complaint, answer, and briefs in support of and in opposition to motions to dismiss and motions for summary judgment. Students will gain experience in oral advocacy by arguing their motions before the court.
The course will conclude with a simulated mediation with an experienced mediator. Students will prepare a mediation statement for the mediator, a presentation for the mediation, and participate with team members in the mediation. Five hours.Burke and CraddockPrerequisite: Close Business Arrangements. -
LAW 256P - Criminal Practice Practicum.
Students in this practicum will work through the various typical stages of a criminal case, including (1) making charging decisions, drafting an information or indictment with presentation at grand jury or preliminary hearing, (2) pretrial release and detention, (3) client relationships, (4) investigations, discovery and theory development, (5) pretrial motions, (6) plea negotiation, (7) jury instructions, (8) trial, and (9) sentencing. Students will be assigned to prosecute and defend actual, but completed cases (the work and presentations on the cases will be simulated). Students will meet regularly to discuss their work, and make oral presentations, including in court arguments, and out of court interviews of witnesses and/or the client. As prosecutors and/or defense counsel, students will brainstorm the theory of defense and themes in the Case(s), conduct investigation, draft and argue pretrial motions, in limine motions, jury instructions and argue portions of the trial. Ethical issues will be addressed as they arise. Students will devise methods of tracking their time and work, as well as file maintenance. Periodic lectures, given by students and/or invited lecturers, will address topics relevant to work on the cases. In addition to the direct case related work, students will be expected to research and present on one of the criminal law cases for which certiorari has been granted in the United States Supreme Court. Schedule permitting, we will get tickets to attend one or more of the arguments before the U.S. Supreme Court. Finally, each week students will be expected to read and summarize new criminal law cases as they are decided in a selected jurisdiction. It is anticipated that students will devote 18-20 hours a week to this course.Five hours.Shapiro -
LAW 254P - Cross-Border Transactions Practicum.
This course will examine how international cross-border transactions, principally in a mergers and acquisitions setting, are structured, negotiated, documented and closed. It will focus on buyers issues and sellers issues, as well as joint venture and shareholders agreement issues, and various cross-border considerations that may be important to any transaction. All of these issues will be considered through simulated transactions, which will involve group exercises, drafting assignments and significant class participation.Three hours.Manning -
LAW 262P - Deals Practicum.
This course presents an opportunity to engage in sustained analysis of the structure of complex corporate transactions and contracts – that is, “deals.” Students will learn to identify contracting patterns that emerge across various types of deals – potentially including mergers and acquisitions, joint ventures, financings, and others – developing a toolbox of concepts and skills broadly applicable in transactional legal practice, while discerning idiosyncrasies that affect transaction structures and contracting practices in the various deal contexts studied. The course involves two components. The first acquaints students with a range of conceptual building blocks permitting them to evaluate alternative transaction structures. Readings draw from multiple literatures, and negotiation and drafting exercises illustrate various elements of transactional practice and design. The second component builds on the first, requiring students to apply these concepts to “live” deals. Working in teams, students develop in-depth analyses of complex transactions recently negotiated by practicing transactional lawyers. Following each team’s presentation to the class, the lawyers who negotiated the transaction present their own perspectives and experiences, giving students an opportunity to pursue open questions and reality-check their understanding of the deal against that of the actual participants. Four hours. Bruner.Prerequisites: Close Business Arrangements, Publicly Held Businesses and Securities Regulation. -
LAW 276P - e-Commerce Practicum.
The practicum in E-Commercial Law will explore one of the law’s fastest-expanding fields. The video game industry’s budget has long surpassed that of Hollywood. Social networks and online marketplaces are the internet success stories of this decade. Yet most established lawyers know little or nothing about how to advise clients on increasingly important e-commercial issues. This practicum will focus on the practical knowledge lawyers must have to succeed in both e-commerce transactions and e-commercial litigation. The practicum covers arange of topics from core commercial law applied to e-commerce (internet sales and securing financing for internet startups), to currently evolving legal issues, including drafting End User License Agreements for video games and social networking sites, drafting electronic sales agreements, and exploring the novel legal issues raised by the growing commerce of online marketplaces and virtual worlds. The course will cover both transactional and litigation skills, and will involve advising a hypothetical client first in the structuring of an e-commercial enterprise, and then progressing to role-played litigation scenarios based on the students’ transactional work.Three hours.Sereff
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