2015-2016 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. Hu and Massie -
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. Belmont and King
Required Third Year Courses
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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 Not offered in 2015-2016. -
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 211 - Advanced Civil Procedure: Aggregate Litigation.
This course will examine the procedural issues posed by mass litigation in United States courts. Topics will include class actions, multi-district litigation, parallel state and federal proceedings, and vehicles for settlement of mass litigation. The course will explore ethical issues confronted by lawyers engaged in aggregate litigation. It will include an examination of how procedural rules covered in Civil Procedure are applied in the context of aggregate litigation. Three hours. Shaughnessy Not offered in 2015-2016. -
LAW 207 - Advanced Criminal Law and Procedure Workshop.
The Workshop will bring to campus leading criminal law/procedure scholars, practitioners, and policy-makers to discuss a paper draft, a policy or a case of importance. Before the respective Workshop meeting students will receive relevant readings, such as the author’s draft paper, a judicial decision, a policy analysis, or a court brief as well as any applicable background materials. Each student will prepare a three to five page comment/memo in preparation of the Workshop meeting. The class will meet as a group before each visitor arrives to collect thoughts and ideas, possibly to work out a strategy for questioning the presenter, and to evaluate what might be most important to ascertain about the presenter’s work. The goal is to engage critically with practitioners and academics to gain broad knowledge of major issues and questions in the field. Two hours. Demleitner Not offered in 2015-2016. -
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 206 - Advanced Legal Writing.
This course builds upon the foundation established in the first-year legal research and writing course to refine students’ persuasive writing skills. Reading and writing assignments will center on the conventions of motions and appellate practice, providing practical opportunities for students to improve their writing technique and analytical ability. The primary writing assignment will be drafting (and re-drafting) an appellate brief. Two hours. Rutledge -
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. Morrison Prerequisite: Completion of both fall and spring skills immersion courses or the basic Negotiation course. -
LAW 213 - Alternative Dispute Resolution.
This survey course will give students a comprehensive overview of the use of alternative dispute resolution (“ADR”) methods in lieu of court litigation. The course will introduce the law and theory of negotiation, mediation, arbitration, conciliation, and other alternatives to litigation in both domestic and international contexts. In addition, the course will provide a practical introduction to ADR techniques through simulations in order to help prepare students for future participation in advanced ADR courses, practicums, clinics and competitions. There are no prerequisites; however, enrollment is limited in order to facilitate class participation and engagement in discussions and simulations. Three hours. Sahani -
LAW 299 - American Indian Law.
This course examines the development of American 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. Not offered in 2015-2016. -
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 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. Two hours. Massie Not offered in 2015-2016. -
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. Recommended but not required: Family Law. Two hours. Shaughnessy -
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 Not offered in 2015-2016. -
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. Not offered in 2015-2016. -
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. Prerequisite: Constitutional Law or taking concurrently. This seminar does not satisfy the upper-level writing requirement. Not offered in 2015-2016. -
LAW 242 - Contemporary Problems In Law and Journalism Seminar.
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. Open to students who have not taken Mass Media Law. Two hours. Murchison and Abah Not offered in 2015-2016. (Offered every other year.) -
LAW 250 - Core Skills and Concepts.
This course will help students acquire the substantive knowledge, analytical ability, and writing skills necessary for success on the Bar Exam. The course will consist of substantive lectures and materials; extensive practice-testing and evaluation; and individual attention from the instructor. Third-year, spring-semester students only; limited enrollment. Pass - No Pass. Three hours. Flinn. -
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. Three hours. Hellwig Prerequisite: Federal Income Taxation of Individuals. Not offered in 2015-2016. -
LAW 252 - Corporate Social Responsibility Seminar.
This seminar on Corporate Social Responsibility (CSR) introduces students to environmental and social concerns relating to the conduct of transnational corporations worldwide and the different approaches proposed for integrating beneficial environmental and social policies into transnational business operations. As part of the course, students will examine the impact of transnational corporate activity on a broad spectrum of stakeholders and evaluate international, national, and sub-national efforts to promote corporate social responsibility, including the United Nations Guiding Principles on Business and Human Rights and the Organization of Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises. This course also challenges students to consider the prospects for regulation of international public goods by private actors. Students will evaluate whether CSR objectives are better achieved by (a) a traditional governance framework dominated by government actors, (b) “self-regulation” by transnational corporate society, or (c) public-private partnerships between these two sets of actors. By evaluating these questions, students are invited to consider the potential role of transnational civil society in making, interpreting, and enforcing international law. Two hours. Parella Not offered in 2015-2016. -
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. King -
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 hours. Shapiro -
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 335 - Cybersurveillance Policy and Privacy Law Seminar.
This seminar examines the current implications of post-9/11 cybersurveillance policy and dataveillance, or data surveillance, as a result of data mining and database tracking technologies. Historically, the U.S. has been a technological leader in employing various tracking methodologies to catalogue personally identifiable data collected by the government. In particular, dating back to at least the 1880s, the government has utilized the most sophisticated biometric technologies and other database technologies available to further national security policy objectives. The dramatic expansion of government surveillance and dataveillance following the attacks of 9/11 is unprecedented. Rapid technological developments permit such expansion in the context of what has been described as an “axial age of technology.” Multiple presidential directives and executive orders issued after 9/11, for example, now mandate dataveillance for national security and immigration policy purposes. The legal and constitutional protections available to curtail this expanding web of data collection and cybersurveillance are unclear. Therefore, this seminar will also explore the preexisting statutes and regulations that protect electronic privacy, including digital communications, as well as the availability of constitutional privacy rights, such as Fourth Amendment protections. Two hours. Hu Not offered in 2015-2016. -
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. (Death Penalty is a prerequisite for VCCC - or it may be taken concurrently.) 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. Danforth -
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 276 - e-Commerce Law.
This course in E-Commercial Law examines the commercial law of online marketplaces. The course covers a range of topics from core commercial law to currently evolving legal issues, including electronic contracting, electronic sales, digital media, licensing of intellectual property, and the growing commerce of online communities. The course will also address issues of privacy and the international law of electronic commerce. Three hours. Fairfield -
LAW 269 - Election Law and Voting Rights Seminar.
This seminar will examine the constitutional and statutory law governing elections and voting rights in the United States. We will first study the doctrinal development of voting rights as a matter of federal constitutional law under the Fourteenth and Fifteenth Amendments. The next major topic will be the Voting Rights Act of 1965, including minority vote dilution litigation under Section 2 and federal review of voting procedures under Section 5, as well as recent constitutional challenges to voting rights remedies. We then will examine state laws related to elections and voting rights, including legislative redistricting, voter and citizenship identification laws, and felon disenfranchisement. Finally, we will discuss the federal campaign finance system and the First Amendment. Two hours. Seaman Not offered in 2015-2016. -
LAW 267 - Electronic Discovery.
As technology continues to further permeate our culture, discovery practices increasingly focus on gathering relevant information from a wide number of electronic sources. As technology and discovery collection methods constantly evolve, the law and the courts are often left struggling to catch up. This course is intended to expose students to the practical, ethical, and philosophical side of electronic discovery, with the primary goal of preparing them to handle an array of electronic discovery issues in litigation. One hour. Waller -
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.
This course will provide students with a general understanding of environmental law in the United States, including federal statutory programs, state programs, and the use of common law for remedying environmental harm. The class will include discussion of the major environmental laws for air pollution, water pollution, soil contamination, and species protection. The class will also explore advocacy strategies from various perspectives, including those of government agencies, land owners, environmental groups, and industry. Finally, the class will examine methods for ensuring compliance from the different perspectives of the regulated entities, the enforcing agencies, and the public. Three hours. Poffenberger. -
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. Danforth -
LAW 281 - European Court of Human Rights Seminar.
Students will study European and International Human Rights issues through readings of selected cases from the European Court of Human Rights (ECtHR). This seminar is jointly taught (by video conference) with students and faculty from Union University School of Law in Belgrade, Serbia, and Taras Shevchenko National University of Kyiv, Ukraine. Past and current cases from the ECHR will be used as the teaching guide for students at all three schools. W&L students will prepare a written draft opinion from a case currently before the court as a paper for a grade and may with extensive writing and rewriting after draft review fulfill the second-year writing requirement. Two hours. Rice -
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. Bond -
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. Danforth and Ms. Drumbl -
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 306 - First Amendment Seminar.
This course will focus on the emergence and development of the First Amendment’s freedom of speech, press, and religion clauses. A guiding principle of the course is that the First Amendment is best understood through a chronological approach which traces: (a) historical precedents to the enactment of the First Amendment; (b) the original intent of the First Amendment; (c) the sedition prosecutions of the Adams administration; (d) the “forgotten” years of the speech, press, and religion clauses throughout the 19th and first part of the 20th centuries; (e) the dramatic impact of the World War I espionage cases on speech rights; (f) the development of First Amendment case law, spurred on by 14th Amendment incorporation, from the 1920s through the 1950s; (g), the explosion of First Amendment case law effectuated by the Warren and Burger Courts; and (h) the current understanding of the speech, press, and religion clauses. Two hours. Barnhill Not open to students who have taken either Mass Media Law or Contemporary Problems in Law and Journalism -
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 304 - Gender and the Law Seminar.
This course will introduce students to feminist legal theory and explore the ways in which gender equality theory has evolved over time, including the following schools of thought: liberal equality theory, difference feminism, dominance theory, anti-essentialism and the intersection of gender and racial equality, and post-modernism. Moving from theory to practice, the course will then explore the application of feminist theory in various legal contexts, including domestic violence, sexual harassment, reproductive rights, marriage and family, education, and global women’s rights. Two hours. Bond -
LAW 430 - German Law in Context Seminar.
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 Not offered in 2015-2016. -
LAW 316 - Healthcare Law.
This course broadly examines healthcare law in the United States. Topics include (1) the organization and finance of the healthcare industry; (2) the complex system of laws and regulations governing the delivery of, and payment for, healthcare services; (3) the problems of access to healthcare and control of healthcare costs, including the impact of the Affordable Care Act, 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; (4) issues presented by the organization of the healthcare enterprise, including medical staff privileging, labor and employment problems, fraud and abuse, and antitrust; (5) ensuring quality in the healthcare system via the licensure of healthcare providers and the enforcement of quality standards through medical malpractice actions against both individuals and healthcare institutions; and (6) the manner in which acceptable healthcare outcomes depend upon responsible bioethical decision-making in the face of changing technology and increased consumerism. Three hours. Wall -
LAW 315 - Hindu Law in Theory and Practice Seminar.
This course introduces Hindu law in both historical and comparative perspectives. We begin with introductory reflections on the nature and role of law in society, the relationship between religion and state in the law in general, and in India in particular. Other topics covered include the triple origins of Hindu law in priestly ritual codes, political theory, and local custom; Dharma as religious law and as jurisprudence; actual legal practice before the modern period; British attempts to codify Hindu law; Hindu personal law in modern India; and the controversy over religion and secularism in the courts today. Attention is given to constitutional definition of the category ‘Hindu’, attempts to legislate against suttee (“widow-burning”) and other disapproved religious practices, and the role of the courts in disputes over sacred spaces. We close with some comparisons with legal reasoning about religion in America, Israel, and England, based on court cases. Two hours. Lubin Not offered in 2015-2016. -
LAW 331 - Immigration Law.
This course surveys the constitutional, statutory, and regulatory framework of U.S. immigration and naturalization law. Topics addressed include non-immigrant (temporary) and immigrant (permanent) employment and family-based visas categories; criteria and procedures for entry and adjustment of status; basis for removal and defenses to removal; humanitarian relief; and citizenship. Students will also study the historical development of U.S. immigration policy and examine the current regime of administrative law and procedure as it is actually experienced by individuals and corporations. Three hours. Summers -
LAW 310 - Independent Research Projects or 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 is an introduction to intellectual property (IP) law. IP law involves legal protection for “creations of the mind,” including inventions, discoveries, artistic and creative works, brand identifiers, and product design. This course will introduce students to the major doctrines that govern IP — patent, copyright, trademark, and trade secret law — and the competing policies behind them. It is intended both for students who are interested in a general overview of IP and for students seeking a gateway to more specialized IP courses. A technical or scientific background is not required or expected. Three hours. Seaman -
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. Parella -
LAW 319 - International Commercial Arbitration Seminar.
The globalization of the world’s economy increasingly gives rise to disputes that cross national borders and affect a variety of institutions that manage and resolve international commercial disputes. Over the past several decades, there has been an increasing resort to international commercial arbitration to resolve disputes. Arbitration is no longer confined to shipping, insurance, and domestic labor disputes; rather there is a critical reliance on the use of arbitration to resolve international business disputes, infra-structure projects as well as investment and intellectual property transactions. This seminar is intended to explore various aspects of the growing area of international arbitration that require an appreciation of the comparative legal approaches related to private international law dispute resolution on the national, transnational, and international levels.
This seminar will examine the legal and policy regimes for resolving international economic disputes with a particular focus on international commercial arbitration. The seminar will first consider the juridical basis and forms of international commercial arbitration. It will then address the creation and enforcement of arbitration agreements. The seminar then considers the law governing the vacatur, recognition, and enforcement of international commercial arbitration awards. We will also address other elements related to international commercial activity.
There are no prerequisites although Civil Procedure, Federal Courts, International Law, International Business Transactions, and Conflicts of Laws would be helpful. This seminar will not address in any detail choice of law theories, which are better considered in Conflicts of Laws. Topics related to investment treaty arbitration will be considered in Investor-State Dispute Settlement. Two hours. Franck Not offered in 2015-2016. -
LAW 318 - International Commercial Arbitration.
The globalization of the world’s economy increasingly gives rise to disputes that cross national borders and affect a variety of institutions that manage and resolve international commercial disputes. Over the past several decades, there has been an increasing resort to international commercial arbitration to resolve disputes. Arbitration is no longer confined to shipping, insurance and domestic labor disputes; rather there is a critical reliance on the use of arbitration to resolve international business disputes, infra-structure projects as well as investment and intellectual property transactions. This course is intended to explore various aspects of the growing area of international arbitration which requires an appreciation of the comparative legal approaches related to private international law dispute resolution on the national, transnational and international levels.
This course will examine the legal and policy regimes for resolving international economic disputes with a particular focus on international commercial arbitration. The course will first consider the juridical basis and forms of international commercial arbitration. It will then address the creation and enforcement of arbitration agreements. The course then considers the law governing the vacatur, recognition and enforcement of international commercial arbitration awards. We will also address other elements related to international investment.
There are no prerequisites although Civil Procedure, Federal Courts, International Law, International Business Transactions, and Conflicts of Laws would be helpful. This seminar will not address in any detail choice of law theories which are better considered in Conflicts of Laws. Two hours. Franck Not offered in 2015-2016. -
LAW 329 - International Law of Human Rights Seminar.
Sources of international law. United Nations human rights instruments. The question of domestic jurisdiction. Organs for enforcement of human rights law: The United Nations Commission on Human Rights and other U.N. agencies, the World Court, the European Commission and the Court of Human Rights, the Inter-American Commission and Court, domestic courts. The doctrine of humanitarian intervention. Non-governmental organizations that promote human rights law enforcement. Current issues in human rights law: population control, terrorism, economic development, compensatory discrimination, nuclear arms control as it relates to human rights conventions, immigration and emigration, and sanctuary. Two hours. Not offered in 2015-2016. -
LAW 284 - Introduction to European Union Law Seminar.
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 325 - Introduction to Investor-State Dispute Resolution.
This course introduces students to methods for resolving disputes between foreign investors and the states in which they invest. Students will learn how to apply principles of international public policy, international arbitration, and the law of treaties to investor-state disputes. This course will highlight the special distinguishing features of investor-state relationships and will examine dispute resolution procedures in investment treaties, free trade agreements, foreign investment contracts, and various international arbitration rules. There are no prerequisites for this course. Two hours. Sahani Not offered in 2015-2016. -
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 323 - Islamic Law in Society.
This course introduces students to the Islamic understanding of shari’a (“path,” “law”) and its role in Muslim culture, history, and society. To be examined are: the key sources of law in the Qur’an and the model of the Prophet Muhammad, the early development of Islamic legal theories and institutions, the roles of these institutions in everyday life, and the struggle to re-imagine Islamic law and its place in contemporary Muslim communities. Case studies include the nature of political institutions, the rights and roles of women, Islamic economics, courtroom procedure, and the standing of shari’a in American courts. (Course cross-listed with undergraduate school.) Three hours. Blecher Not taught 2015-16. -
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. Bell -
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. Two hours. Tower -
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 Not offered in 2015-2016. -
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. Cooper This course is cross-listed. (Law and undergraduate students may enroll in this course.) Not offered in 2015-2016. -
LAW 363 - Legal Method.
This is a skills-development course that focuses on improving legal analysis and problem-solving skills. Secondary emphasis will be placed on improving doctrinal understanding and refining study practices. Problems are modeled on the Multistate Performance Test. Third-semester students only; limited enrollment. Pass-No Pass.
This course is designed to develop fundamental lawyering skills. Students will sort detailed factual materials and separate relevant from irrelevant facts; analyze statutory, case, and administrative materials for applicable principles of law; apply the relevant law to the relevant facts in a manner likely to resolve a client’s problem; communicate the analysis effectively in writing; and complete a lawyering task within time constraints. Two hours. Eggert -
LAW 383 - Mass Atrocities 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 2015-2016. -
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 Not open to students who have taken Contemporary Problems in Law and Journalism. -
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 with practical implications for attorneys across all branches of government and the impact of national security law on criminal prosecutions. This is an exam course, but, with the instructor’s permission, students may instead take this class to fulfill their second-year writing requirement. Two hours. Keefer -
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 389 - Oil and Gas Law.
Oil and gas law comprises some of the most complex contract and property law issues; particularly the determination of rights and obligations. Students in this course will learn how the basic principles of property, contract, and tort law have been used to develop the body of law pertaining to the oil and gas industry. The legal issues encountered by students will encompass the nature of oil and gas rights, the determination of oil and gas ownership rights, the leasing and transfer of those rights, and the development and marketing of oil and gas. The course will also examine the rise and use of conservation regulations such as spacing, pooling, and unitization by state regulatory agencies to ensure the fair and efficient production of oil and gas. The interplay between local, state, and federal governments will be surveyed, as will current issues relating to horizontal drilling, hydraulic fracturing, and split estates. Further, this course provides an opportunity for students, even those not necessarily interested in oil and gas law, to continue to develop their contract and property law skills by applying the basic principles to problems in a specialized legal context. Three hours. Hembree. -
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. Seaman Not offered in 2015-2016. -
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. Calhoun No prerequisites. -
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. Brotzman and Pickett -
LAW 393 - Privacy and Information Security Law
The course will consist of an introduction to the rapidly growing field of privacy and information security law. Students will study the historical and philosophical underpinnings of privacy, as well as ongoing developments in constitutional law, tort law, statutory, regulatory, and policy (fair information practices) developments. Students will gain a non-technical understanding of the relevant privacy technologies. Students will also explore the ongoing international debate about privacy, with a particular focus on the transatlantic privacy dialogue and the evolving European approach to data privacy. Students will also be introduced to the Certified Information Privacy Professional certification process, for those who wish to take the step of certification. Three hours. Fairfield Not offered in 2015-2016. -
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. Millon Prerequisite: Close Business Arrangements. -
LAW 408 - Remedies Seminar.
Research in damages, restitution, equitable relief, and injunctions. Two hours. Rendleman Not offered in 2015-2016. -
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. Fairfield -
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. Howard No 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. Bruner Prerequisite: 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. TBA Not offered in 2015-2016. -
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.” Three hours. Hellwig Prerequisite: Federal Income Taxation of Individuals or may be taken concurrently. -
LAW 313 - Tutorials
Students may pursue specialized studies in areas of the law which are of particular interest to them in the form of 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 tutorial, depending on size and scope. No more than two tutorials will be given credit toward graduation. -
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 303P - Access to Justice Practicum.
Transnational Access to Justice is currently taught in partnership with the International Legal Foundation and as a joint program at Washington and Lee School of Law and Hebron University School of Law, Hebron Palestine. The Practicum is also coordinated with the United Nations Office on Drugs and Crime (UNODC) and for the next two years will focus on support for the Palestinian Public Defender Program, the supporting legal clinic at Hebron and community access to justice, including Children. For the 2015-2016 semesters four third-year students at W&L and law students at the Hebron University School of Law participate in the Practicum, per semester. The Practicum’s purpose is drawn from the “United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems”, General Assembly resolution A/RES/67/187. The specific focus is on access to justice in the pretrial setting and in representation of accused, especially juveniles in conflict with the law. The Practicum is taught over video conferencing and culminates with the four W&L students’ two-week travel to Israel and Palestine, subject to safety conditions (partially funded) work with their Palestinian counterparts seeking to fulfill the Practicum’s broad goal of building greater access to justice in Palestine’s criminal justice system. (Satisfies the actual practice experience.) Either fall or spring. Five hours. Rice -
LAW 205P - Advanced Civil Procedure Practicum: Discovery.
In this practicum, the student will exercise professional judgment in conducting discovery in a civil litigation matter. The practicum is designed to focus on Rules 26 - 37 of the Rules of Civil Procedure, as well as Rules 702 - 705 of the Rules of Evidence. Students will therefore be required to prepare and respond to written discovery, as well as conduct depositions of fact and expert witnesses. At the beginning of the semester, the students will be provided the facts of a hypothetical dispute, the complaint, and the answer/counterclaim which have been filed in the matter. The students will be paired so that a student will represent either the plaintiff or the defendant in the hypothetical dispute. Each student will determine what information needs to be obtained, as well as which method of discovery would obtain that information most efficiently; then each student must implement his/her professional judgment effectively by crafting the written discovery or conducting the depositions to obtain the information. Three hours. Evans Not offered in 2015-2016. -
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. Four hours. Weaver Prerequisite: Family Law. -
LAW 207P - Advanced Secured Transactions-Leveraged Finance Practicum.
This practicum will provide students an opportunity to understand, draft, and negotiate two complex highly leveraged secured transactions - a syndicated corporate loan and a high-yield bond issuance. The practicum will cover the basics of commercial lending, typical deal structures, and key financial and legal concepts in both bank and bond deals. In the process, students will gain an in-depth understanding of advanced secured transactions, structural and contractual subordination, opinion practice, the syndicated loan market, and corporate debt structures. Students will also be introduced to other areas of law implicated by bank/bond deals, including: margin regulations, indemnification, the Patriot Act, bankruptcy and fraudulent conveyances, fiduciary and agency relationships, private equity, and contracts, as well as certain securities and corporate tax topics. In order to provide both a realistic and comprehensive experience, students will be divided into teams, and take turns representing the borrower/issuer and the lenders. Students will be expected to learn to identify key issues, negotiate on behalf of their clients, and prepare initial drafts or mark-ups of all key documents in a typical bank/bond deal, including commitment letters, credit agreements, indentures, collateral agreements, and opinions. Students will also be asked to prepare short presentations to the class on related legal concepts. Prerequisites: Students must have already taken or be simultaneously taking (1) Secured Transactions; and (2) either Close Business Arrangements or Publicly Held Businesses. Four hours. Hoefling -
LAW 415P - Advanced Social Entrepreneurship and Real Estate Development Practicum.
This offering is available to students who have completed the fall semester Social Entrepreneurship and Real Estate Development practicum and secured written permission from the Instructor. Students will continue their supervised project work from the fall semester, take on additional projects in greater depth, enhance their leadership development, and more completely explore the objectives of the fall course. Students will engage in these practicum activities individually and in groups with colleagues from W&L and elsewhere in the United States. Three hours. Walker Prerequisite: Social Entrepreneurship and Real Estate Development Practicum Not offered in 2015-2016. -
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 Not offered in 2015-2016. -
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. Johnson Prerequisites: Close Business Arrangements and Federal Income Taxation of Individuals. -
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 232P - Constitutional Literacy Practicum.
If you know your rights, you’re more apt to exercise and protect them. That’s the premise underlying the Marshall-Brennan Constitutional Literacy Project. The project deploys law students (called fellows) to teach in public high schools in underserved areas to teach constitutional law, juvenile justice, and oral advocacy to seniors in Government classes. The seniors become better acquainted with their rights as citizens by learning fundamental constitutional fare and the operation of the civil law and criminal justice systems. The objectives of the class are to hone students’ substantive knowledge and critical thinking skills through instruction, and oral advocacy skills through a moot court competition. W&L law fellows teach one class each week at Roanoke’s William Fleming High School. They are responsible for arriving in class on time, prepared to teach. They are responsible for conveying syllabi to WFHS teachers and administrators on deadline. They are responsible for prepping and guiding their classes through a moot court competition. W&L law fellows also meet at the law school on alternate weeks during the first half of the semester for discussing assigned readings, briefing cases, debriefing prior high school class sessions, scheduling, editing, and amending M-B-provided syllabi and supplemental materials. Written assignments might include reflective papers, an ethnograph or case study, and a short (10 pages or less) paper on a substantive issue. Three hours. Mitchell -
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. Three hours. Jennings Not offered in 2015-2016.
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