2020-2021 School of Law Catalog archived
–Curriculum - Second and Third Year
|
|
Curriculum - Second and Third Year
Required Second Year Courses
-
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. (Required second year class - ending with the Class of 2021. First year required class begining with the class of 2022) -
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, King, and Shapiro -
LAW 390 - Professional Responsibility.
A consideration of the sources and implications of the moral behavior of lawyers, and of the consequences of immoral behavior by lawyers, including professional discipline and the imposition of damages for legal malpractice. The course considers the Model Rules of Professional Responsibility of the American Bar Association; earlier American compilations on professional ethics, proposals for reform; current sources on the law of legal malpractice and legal-malpractice prevention; and non-legal sources on ethics, including biography, fiction, history, philosophy, and moral theology. Three hours. Bonner, Haan and Natkin (Course will be a second-year required course - starting with the Class of 2022.)
Required Third Year Course
-
LAW 407 - Skills Immersion.
Two-week course. Students choose between business or litigation. (fall semester)
Business Immersion -The focus of this class is for the students to practice and improve certain attorney skills such as (1) identifying what factual information (particularly financial information) could be developed to support a negotiating or legal position; (2) obtaining that information from your own client or from the other side; (3) evaluating that information and utilizing it in a way that is in your client’s best interests; (4) understanding the differences between the attorney’s and the client’s roles when discussing business issues; (5) interacting in an appropriate way with a client when giving advice to that client; (6) interacting in an appropriate way with a client, opposing counsel, and the other party when negotiating on behalf of the client; and (7) drafting a contract. These skills will be exercised in the context of a complex business acquisition. Significant opportunities to receive feedback and engage in reflection are included. (2 credits, Honors-Pass-Low Pass-Fail)
Beneficial for anyone who is interested in a business practice or in understanding how business deals come into existence and/or are structured as preparation for litigating issues arising out of a business relationship. Bowden and faculty.
Litigation Immersion - In this two-week intensive course, students will develop litigation skills, following a single case from client interview to the end of trial. Significant opportunities to receive feedback and engage in reflection are included.
Each student represents one or the other party in a simplified litigation matter. Each student interviews the client; plans strategy; develops a fact investigation plan; drafts pleadings; engages simple discovery; negotiates; presents a motion; prepares and executes direct and cross examinations; prepares and executes opening and closing statements; and conducts a trial. (2 credits, Honors-Pass-Low Pass-Fail)
Students will be provided with base line exposure to a set of cross-cutting skills that will prepare students for the clinics, their practicum courses, and eventual entry to practice. Useful for any student who wishes to practice in dispute resolution forums and/or to understand the litigation consequences of failed transactions. Moliterno and faculty. Course not required in 2020-2021.
Second and Third Year Elective Courses
-
LAW 200 - Accounting and Finance for Lawyers.
This course studies “generally accepted accounting principles” and how they bear upon legal problems, as well as basic principles of corporate and personal finance. Introductory material on the record-keeping process, the form and preparation of financial statements, and an analysis of major problem areas (e.g., revenue recognition, inventory accounting, depreciation, accounting for both debt instruments and corporate capital) is followed by analysis of actual public company financial statements. The financial component of the course studies sources of capital, debt instruments, and deal structures. The course concludes with personal finance for professionals. Published corporate financial reports, opinions of the Accounting Principles Board of the American Institute of CPA’s, and accounting series releases of the SEC are used as the basic accounting materials for analysis. Absent advance instructor permission, this course is not open to students who have received credit for more than one college course in accounting. Three hours. Not offered in 2020-2021. -
LAW 201 - Administrative Law.
An introduction to the legal framework of American constitutional and administrative government. The course covers the development of principles of separated legislative, executive and judicial functions; the combination of those functions in the modern administrative agency; and the predominantly procedural responses of the legal system to the continuing questions of legitimacy raised by this allocation of authority. Three hours. Murchison -
LAW 212 - Adoption Law Seminar.
This seminar will explore issues related to adoption law. The course content will include the historical background of the American law of adoption, adoption procedure, parental consent to adoption, voluntary and involuntary termination of parental rights, choosing adoptive families, the Indian Child Welfare Act, race and sexual orientation issues in adoption, international adoption, and wrongful adoptions. Federal and international adoption law issues will be considered and some specific focus will be given to Virginia law. Two hours. Buske Not offered in 2020-2021. -
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 2020-2021. -
LAW 209 - Advanced Criminal Procedure Seminar.
The seminar’s mission is to build off of the principles and rules covered in Constitutional Criminal Procedure or Criminal Procedure-Investigation by identifying and discussing constitutional criminal procedure issues which are still in their formative stages. Often, issues which eventually become landmark Supreme Court decisions percolate in the lower courts for a number of years—the equal protection claim, for example, that eventually became the landmark decision of Batson v. Kentucky was floating around the state and lower federal courts for a decade before the Court granted certiorari. Our exploration of such issues (and any Supreme Court decisions handed down during the semester) will be done through the Criminal Law Reporter, a weekly loose-leaf that tracks criminal law and procedure decisions throughout the country. Pre- or co-requisite: Criminal Procedure Adjudication or permission of the instructor. Two hours. Shapiro Not offered in 2020-2021. -
LAW 205 - Advanced Legal Research.
This course is designed to develop students’ skills and knowledge to conduct cost-effective legal research in the U.S., foreign, and international law. The primary focus of the class is on U.S. legal research including case law research, statutory research, regulatory research as well as research on specialized topics such as legislative history, court rules, securities law, and tax law. We will also cover basic research resources and strategies for conducting public international law and foreign law research. Two hours. Zhang -
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 202 - Advanced Topics in Corporate Law.
This is an advanced course in corporate governance and finance. It will explore the debate on contractual freedom in corporate law, theories of valuation, corporate finance and debt securities, preferred stock, dividends, and other timely subjects. Prerequisite: Business Associations. Three hours. Shelby Not offered in 2020-2021. -
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. Not offered in 2020-2021. -
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 203 - Art Law Seminar.
While some “art specific” laws exist at the state and federal level, the practice of art law frequently involves application of other areas of law – contract, property, tort, and constitutional law - to the relationships, rights, transactions and disputes among collectors, artists, dealers, auction houses, museums and other art world participants. The course will provide students with a general introduction “art law”, including defining art and cultural property; artist’s legal rights (copyright, First Amendment, resale royalty rights, and censorship); the international trade of art and measures to limit that trade; authenticity and ownership disputes; the fate of art works in wartime; repatriation of art and antiquities; laws protecting flora and fauna that are sometimes used in art; and other topics. Two hours. Monaghan -
LAW 210 - Bankruptcy.
This is a survey introducing students to federal bankruptcy law. The course will cover individual and corporate bankruptcies, the treatment of creditors, the rights of debtors, and the powers of a bankruptcy trustee. The course requires application of the Bankruptcy Code. Students will develop an understanding of the debtor-creditor dynamic in bankruptcy proceedings and will gain skills in applying code-based law through a combination of problems and cases. Students will obtain insight into the exceptional American bankruptcy system and its critical relationship to our economic system. Three hours. Connelly -
LAW 335 - Big Data, Cybersurveillance, and Privacy Law Seminar.
This cross-listed seminar, which is open to undergraduate and law students, examines the current implications of big data and cybersurveillance policy in the United States, and the impact of recent technological developments on data privacy law. Specifically, this course will examine how the expanding role of the Internet, big data, e-commerce, social media, wearables, algorithmic intelligence and data analytics, etc., in our daily lives has placed unprecedented strain on preexisting regulatory, statutory, and constitutional frameworks that have traditionally guided privacy protections under the law. Some have argued that assessing a “reasonable expectation of privacy” is a much more complex endeavor in the midst of what has been termed the “Big Data Revolution.” Others have asserted that data privacy protections in the United States are at risk of technological and theoretical obsolescence.
A key inquiry of the seminar will focus on cybersurveillance topics, such as examining how digital data is used for corporate or public governance purposes and the laws that may exist to restrict this use. For example, this seminar will interrogate how digital data and database-driven technologies developed for civil law or corporate purposes can be used for criminal law and national security purposes, and how this merger has led to the growing normalization of surveillance protocols that may not be subject to proper oversight. In addition, databases and technologies developed by corporations for consumer purposes also offer technological prototypes for national surveillance programs that can be expanded for use beyond the private sector context. 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 protecting electronic communications and digital data, as well as the availability of Fourth Amendment protections to guard against the unreasonable search and seizure of data. Additionally, digital data obtained or used for corporate purposes may or may not be protected under privacy laws or other regulatory regimes. Two hours. Not offered in 2020-2021. -
LAW 216 - Business Associations.
This course examines basic agency law principles, as well as the role of legal structure and legal controls on various types of business associations, with particular attention to the allocation of power and financial interests in the partnership, corporation, limited partnership, and LLC. The course surveys the legal rules governing these forms of entity, with an emphasis on Delaware law and the Model Business Corporation Act, and with attention to financial and strategic considerations. Topics include entity formation, management, limited liability, choice of law, fiduciary duties, corporate purpose, information rights, the special problems of shareholders in close corporations, derivative lawsuits, and exit. The course touches on topics in securities law that are closely related to corporate governance. Students are assumed to have no background in finance or accounting. Four hours Haan and Shelby -
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. Buske -
LAW 228 - Civil Rights Seminar
A study of general statutory and constitutional protection of civil rights, with emphasis on the post-Civil War civil rights statutes (particularly Section 1983) and their contemporary use in areas such as prisoners’ rights, police misconduct, and employment discrimination. Two hours. Not offered in 2020-2021. -
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. Course will require a paper and will satisfy the second-year writing requirement. Two hours. Miller Not offered in 2020-2021. -
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. Not offered in 2020-2021. -
LAW 238 - Compliance Law.
This course will provide an introduction to compliance programs within business organizations. It will examine the components of compliance programs and focus on both legal and market drivers for the adoption and development of such programs. Subjects covered may include: non-prosecution agreements, internal investigations, whistleblowers, director liability, shareholder resolutions, mandatory information disclosure laws, international treaties, and litigation. The course will also include mini-case studies to examine one or more of these topics. The course concludes with a substantial case study of compliance programs addressing due diligence in global supply chains. Three hours. Parella Prerequisite: None. Not offered in 2020-2021. -
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. Trammell -
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 2020-2021. -
LAW 250 - Core Skills and Concepts.
Open to graduating students; recommended for Virginia applicants. This course will introduce students to the substantive knowledge, thought process, and writing skills needed for success on the Bar Exam. The learning methodology will be iterative, consisting of substantive lectures and materials followed by extensive practice-testing and analysis.
The course will begin by reviewing the Multistate Bar Examination (MBE) subjects; the majority of the course will then cover heavily-tested Essay Examination subjects. Practice-testing will use actual MBE and Essay Examination questions, and all substantive materials will be written by the instructor specifically for this course. The course is designed to benefit applicants in all jurisdictions, but will emphasize Virginia-specific rules in order to benefit the greatest number of students.
Students will be able to quantify their progress during the semester, both individually and relative to their peers. All students will also meet individually with the instructor to discuss their progress and specific steps they can take to maximize their odds on the Bar Exam.
Grading will be Pass/No Pass based on timely and complete submission of assignments. Students will be expected to complete weekly assignments. Please note that this course is NOT remedial; the course will cover a significant amount of substantive information and will be fast-paced, particularly in the second half of the semester. Three hours. Flinn. -
LAW 248 - Core Uniform Commercial Code (UCC) Concepts.
Explores the core concepts involved in (1) the sale of goods [UCC Article 2]; (2) negotiable instruments (promissory notes and checks) as forms of payment [UCC Articles 3-4]; and (3) security interests in personal property [UCC Article 9]. Three hours. Chatman -
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. -
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 2020-2021. -
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. Scott -
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. MacDonnell -
LAW 253 - Crimmigration Law Seminar.
This course explores the historical context in which this area of law developed, and the ways in which is being shaped under the current administration. In addition, this course will provide students with practical insight into representing individuals -whether as defense attorneys, prosecutors, or in immigration practice. Specifically, students will become familiar with and adept at employing the categorical approach, modified categorical approach, and other required analyses, such as determining whether a conviction constitutes an aggravated felony or a CIMT. Students will also become skilled at evaluating whether an individual is removable for commissions of these and/or other offenses, including various drug crimes. Students will have the opportunity to explore and develop their own critical theories about the application of the law, as well as hone their skills in order to best represent future clients. Two hours. Boaz -
LAW 256 - Critical Race Theory Seminar.
This seminar will explore the ways in which race in American society influences how our laws are written, interpreted and applied. Of particular importance will be the consideration of one of the main tenets of critical race theory, namely the permanence of racism. Two hours. Hasbrouck -
LAW 264 - Cyber Security Seminar.
This course will offer you the opportunity to examine and discuss the uniquely challenging, and evolving, legal and policy issues presented to our modern society by the cyber world. What are the demands presented by the fast developing technology of the “internet of things” to our existing legal and business environment? How should judges, prosecutors, government and private businesses confront these challenges as they respond to cyber security threats? This course will consider how these entities have responded and should respond to these issues and attendant legal and policy considerations. Topics will include: What is, and should be, the balance between national security and privacy interests in cyberspace? What is the technology at issue and how, if at all, should it be regulated? What are the roles of public/private cooperation and the federal government? What is the intersection of cybersecurity and the law of armed conflict? How are cybercrimes most effectively investigated and prosecuted? Are there civil law remedies to cybercrimes and, if so, are the remedies effective? How should we as a society (domestic and international) deal with the concerns of personal privacy, encryption, and Internet freedom? There are no prerequisites for the course. Two hours. Mackie -
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. Donovan and Engle -
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. Birkhoff -
LAW 241 - Directed Learning.
Open to students in the fall semester of the second year. This course will review selected foundational topics of substantive and procedural law; strengthen reasoning, writing, and time management skills; and promote academic engagement with faculty and peers. The learning methodology will consist of weekly readings, practice exercises with classroom analysis, and presentations by students and guest faculty. Students will quantify their progress during the semester and will meet regularly with the instructor. Grading will be Pass/No Pass based on timely completion of assignments. Enrollment will be limited. Students will be expected to complete weekly assignments and participate in class discussion. Three hours. Flinn Not offered in 2020-2021. -
LAW 271 - Disability Law Seminar.
This course will examine disability rights laws impacting all areas of community living, including public access, housing, employment, and education. An examination of the historic and cultural background of disability rights will provide a framework for understanding current laws and emerging trends in disability civil rights. Students will examine the impact of current and proposed laws on people with disabilities and learn about working effectively with clients and attorneys with disabilities. Two hours. Lee -
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 2020-2021. -
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. Three hours. Tower -
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. 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. Three hours. Danforth -
LAW 281 - European Court of Human Rights Seminar.
The seminar is designed to offer law students the opportunity to engage in advanced legal writing, research, and development of advocacy materials in matters of substantive international human rights law. The Seminar will be a coordinated program with law students at Washington and Lee in Lexington, Virginia, and LLM law students at Union University School of Law in Belgrade, Serbia. Students will study International Human Rights issues through the cases and procedures of 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, including 2 presentations by Retired Judge Popović, formerly of the ECtHR, and Dr. Vidan Hadži-Vidanović from the ECtHR Registry.
The principle work anticipated will be in three categories: Past and current cases to study the procedures and case law of the ECtHR, cases focused on the selected Grand Chamber case issues and International Human Rights issues from other jurisdictions that related to or can be influenced by the case law of the ECtHR. Selected case(s) before the grand Chamber studied in details and a student-drafted opinion with analysis on the issue(s) presented to the Court. Key US Supreme Court cases will be included for comparative analysis. Two hours. Rice (Open to German Law Journal students only.) -
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. Weaver -
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 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. Trammell -
LAW 308 - Financial Literacy for Lawyers.
A brief, yet intense, one-week course, exposing students to basic financial statements; sources of business capital; mergers and acquisitions; deal structure; and how lawyers encounter these subjects in their professional lives. The course takes a real-world, versus theoretical, approach to the subject matter. The objective is to provide students with a basic understanding of financial vocabulary and core concepts, which will not only assist them in other business courses, but also better equip them to encounter business concepts in their careers. One hour. Duemmler. Second-year students only. Class meets for one week. Not offered in 2020-2021. -
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. Not open to students who have taken Contemporary Problems in Law and Journalism Two hours. Barnhill Not offered in 2020-2021. -
LAW 302 - First Amendment.
This course will survey the U.S. Supreme Court’s jurisprudence regarding the First Amendment. Coverage will include topics associated with the free speech clause, the free press clause, the assembly clause, the establishment clause, and the free exercise clause. Since the early part of the last century, the Justices have crafted and deployed an ever-increasing number of tests and framing devices to decide claims arising under the First Amendment. This survey course will provide a basic grounding in these doctrines and will consider some of the overarching theories that support them. The course will afford the opportunity for studies consideration of political speech, commercial speech, speech by public employees, coerced speech, government-sponsored speech, symbolic speech, the problem of obscenity, the “establishment” of religion, the problem of defining religion, and the limits of the free exercise clause. At the conclusion of the course, students should possess a comprehensive and nuanced understanding of both First Amendment doctrine and theory. Not open to students who have taken Contemporary Problems in Law and Journalism. Three hours Barnhill -
LAW 301 - Fourth Amendment and Technology Seminar.
This course traces the development of Fourth Amendment jurisprudence and examines the impact of technological developments on the Fourth Amendment. Course participants will be encouraged to consider developments in technology and privacy, how courts and legislatures have responded to these changes, and the future of the Fourth Amendment. Topics include the Third-Party Doctrine; Cell Site Location Information; analysis of significant cases such as Kyllo, Jones, Riley, and Carpenter, the Internet of Things; DNA databases; mass surveillance; and the impact of technology on policing. Two hours. Klein -
LAW 305 - Fundamentals in Conflict Resolution and Mediation.
The gateway training for all levels of mediation in Virginia (GDC, J&DRC, & Circuit Courts), 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 self-evaluation ability. 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. This class also meets twenty hours of the required mediation training for collaborative divorce practice in Virginia. Limited enrollment. Pass/No pass. One hour. Ruebke (Offered every other year.) Not offered in 2020-2021. -
LAW 304X - Gender and the Law in Practice: Intimate Partner Violence.
Students enrolled in Gender and the Law will have the option to enroll in a one-credit experiential extension of the doctrinal course. The experiential course will expose students to the practice of law in the context of intimate partner violence. Students will learn about the law of intimate partner violence, including the evolution of the law of intimate partner violence, the intersection of civil and criminal law, and intimate partner violence in the context of immigration, employment, and international law. Students will engage in simulated representation of a victim/survivor of domestic violence in a civil protection order hearing, including client interviewing, client counseling, mediation, opening statements, examining witnesses, and closing arguments. One hour. Bond Corequisite: Gender and the Law Seminar. -
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 2020-2021. -
LAW 307 - Global Environmental Governance: Law, Economics and Policy.
This course examines challenges to the integrity and well-being of the global environment. Its approach is primarily legal, drawing from international law, but also incorporating perspectives from economics, philosophy, and ecology. The class begins by setting out core legal principles. It then moves though a series of case studies, that include climate change; trade and globalization; biodiversity and intellectual property; deforestation and poverty; marine resources; environment and war; and transboundary movement of hazardous substances. Assessment is by thought-piece research paper and every student teaching a specific case-study. Three hours. Drumbl, Mark Not offered in 2020-2021. -
LAW 309 - Global Legal Profession Seminar.
This seminar will focus on the global market and structure of the legal profession. It will center primarily on three themes: the legal systems in place for regulating lawyers in different parts of the world, the global legal economy, and a comparative treatment of cross-cutting issues such as confidentiality, conflicts of interest, judicial independence, prosecutorial discretion, and so on. Two hours. Moliterno -
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. Lee -
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. Baluarte -
LAW 332 - Income Taxation of Trusts and Estates.
This course will examine the special income tax rules pertaining to the taxation of trusts, estates, decedents, grantors, and estate and trust beneficiaries. The course will introduce the student to the mechanics of allocating the tax burden on income earned by a trust or estate between the entity and its beneficiaries. The student will also study the concept of income in respect of a decedent; the special rules that allocate income between a decedent and his or her estate; the post-mortem planning opportunities associated with the income taxation of estate distributions; and the special rules that sometimes cause the grantor or the beneficiary of a trust to be treated as the owner of the trust income or corpus for income tax purposes. Two hours. Danforth Pre- or co-requisites: Federal Income Taxation of Individuals and Decedents’ Estates and Trusts. Not offered in 2020-2021. -
LAW 310 - Independent Research.
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 (LAW 313). Faculty members may conduct tutorials for small groups of students on issues not otherwise taught in the curriculum. Arrangements for independent research projects or tutorials should be made with the professor who teaches in the subject area involved. One to two hours of credit will be granted per independent research project or tutorial, depending on size and scope. No more than four credits may be awarded for independent research projects or tutorials during one’s academic career. Projects or tutorials may only be “credit” or “no credit”. Independent Research Projects or Tutorials must be approved by the Independent Research Committee no later than the tenth day of the semester in which the project is to be completed. Independent Research Form One or two hours. Faculty -
LAW 318 - Insider Trading Seminar.
This seminar will provide an in-depth look at the regulation of insider trading. Special consideration will be given to the role that Justice Powell played in creating the architecture of modern day insider trading regulation, through two all-important decisions outlining the parameters of insider trading under Rule 10b-5, and one all-important dissent from a denial of a writ of certiorari. Subjects covered will include: theories of insider trading law including classical, tipper/tippee, and misappropriation; common law fraud; property law and embezzlement theory; Powell’s role in creating the scaffolding of insider trading regulation; criminal insider trading prosecutions; legislative attempts to clarify insider trading prohibitions; and economic and market factors at play in insider trading. Two hours. Woody, K. -
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 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 Not offered in 2020-2021. -
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. Not offered in 2020-2021. -
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. Not offered in 2020-2021. -
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 Not offered in 2020-2021. -
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 2020-2021. -
LAW 433 - Law of Financial Technology Seminar.
This course will provide an in-depth look at the regulation of Financial Technology (Fintech) in the United States. Fintech refers to technological innovation in the financial services sector. This course will look to a specific regulated entity, known as a money transmitter, to explore key issues for in-house lawyers in the U.S. For example, business models, getting properly licensed, compliance programs, contractual negotiations, and board governance issues that can come up, among many others. Students will leave this course understanding more deeply how money moves in the U.S. and how it is regulated. There are no prerequisites for the course. Two hours. Bombace -
LAW 343 - Law of Money in Politics Seminar.
2020 marks the ten-year anniversary of Citizens United v. FEC. This 2-credit seminar will provide an in-depth look at the problem of money in American politics, and the evolution of laws (and private ordering) to address it. Special consideration will be given to the role of the corporation in electoral politics, and to matters that arise during the 2020 federal election. Subjects covered will include: the Tillman Act, the Buckley framework, McCain-Feingold, corporate political speech rights, Citizens United v. FEC, Super PACs, corruption and bribery, the rise of digital advertising and surveillance capitalism, foreign election interference, the role of virtual currencies in electoral politics, and campaign finance disclosure. Two hours. Haan Prerequisite: Business Associations. -
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 2020-2021. -
LAW 363 - Legal Method.
This is a skills-development course that focuses on improving legal analysis and problem-solving skills. Students will complete a series of weekly assignments throughout the semester, each of which will take between one and two hours. Students will receive weekly feedback on these submitted assignments. Many of the assignments will be Multistate Performance Tests (MPTs) used in past bar exams. The MPT is essentially a self-contained, timed legal assignment which requires the test-taker to complete a specific written legal task (e.g., write a contract, write a complaint, write an opinion letter, write a motion for summary judgment, etc.) and includes all the facts and law necessary to complete the task. In addition, students will take at least one sample exam during the semester and analyze at least one exam from their previous semester. We will also have at least one assignment that deals with statutory interpretation. Class-time will be spent (1) analyzing these specific assignments together in the context of the legal method, which is essentially applying law to facts and effectively communicating the results of that analysis in a legal work product; and (2) discussing effective studying, learning, and exam-taking techniques. Third semester students only; limited enrollment. Pass/No Pass. One hour. Eggert -
LAW 220 - Legal Pluralism, Conflict and Justice Seminar.
This seminar explores the various ways in which such interactions can play out in a range of social, religious, and political environments, and the ways in which they can affect individuals of different statuses differently. Examples are drawn from a range of periods and places: the Roman Empire, the Middle East and South Asia past and present, the United States, and modern Europe. In each context, we examine the ways in which the legal status of individuals is defined in relation to the state, religious community, ethnicity or race, and social class. At each step, we ask: Given a complex environment with different, overlapping, often conflicting claims to authority (secular as well as sacred), rights, and obligations, how is justice to be defined, and how can it be served? (Also available to undergraduate students.) Two hours. Lubin Not offered in 2020-2021. -
LAW 375 - Local Government Law Seminar.
Students in this seminar will consider and discuss various issues in Virginia local government law. Topics may include: (i) special ethical concerns that may arise in representing a local government; (ii) the boundaries of a local government’s power, such as authority to adopt a “living wage” ordinance; (iii) record requests and closed meetings under the Virginia Freedom of Information Act; (iv) municipal bankruptcy; (v) sovereign immunity; (vi) procurement, including construction and architectural design contracts; and, (vii) mediation in the context of a police brutality lawsuit under 42 U.S.C. § 1983. Judges and outside attorneys may participate in seminar discussions on selected topics. Each student is required to participate in seminar discussions. Each student is also required to satisfy a writing requirement in one of two ways: (i) write four short reaction papers and present one to the seminar; or, (ii) write and present a research paper structured to satisfy the second-year writing requirement. Two hours. Williams Not offered in 2020-2021. -
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. Mark Drumbl Not offered in 2020-2021. -
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. Houck Not open to students who have taken Contemporary Problems in Law and Journalism.. -
LAW 364 - Mergers and Acquisitions
This course will provide an introduction to the business acquisition and its legal aspects. Subjects covered will include: deal structure, deal flow, differences between a “Wall Street” deal and a “Main Street” deal, public policy considerations, the de facto merger doctrine, the scope of successor liability, the Williams Act and other relevant federal laws, the “poison pill,” the Revlon doctrine, and “going private” transactions. The course will provide a comparative treatment of M&A law under Delaware law, the Model Act, and California law. Three hours. Haan Prerequisite: Business Associations. -
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. Apperson -
LAW 382 - Negotiating a Joint Venture in China.
Through a simulation-oriented course, students will be exposed to recent economic history of the People’s Republic of China, foreign direct investment law of China, and negotiating norms of US and Chinese investors. These various knowledge sets will be brought together as each participant takes on the role of either a Chinese investor or a US investor, negotiating the terms of a China-based joint venture and ultimately reporting back to their respective board of directors. In addition to the negotiation exercises, the course requires a brief, quality-driven paper on a contemporary topic relating to China as an economic actor on the world stage. One hour. Gounaris (Credit may count towards required experiential credits.) -
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 Not offered in 2020-2021. -
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. (Offered every other year.) -
LAW 395 - Patent Law.
This course involves an in-depth examination of the substantive law and procedure for obtaining and enforcing patent rights. Specifically, we will examine the various legal doctrines and institutions that govern U.S. patent law. We will also discuss important policy issues related to patent law, including its role in promoting innovation, the role of non-practicing entities in the patent system, and potential reforms to the patent system by legislative, regulatory, and judicial actors. A technical or scientific background is not required for this class. Two or three hours. Seaman Prerequisite: Intellectual Property or taken concurrently. -
LAW 392 - Poverty Law.
This survey course will cover historical and contemporary policy debates about poverty in the United States. Topics will include the constitutional treatment of poverty, as well as the legal and policy treatment of questions of access to specific social goods, such as housing, health care, education and legal services. Coverage of those topics will include a look at the federalism dimensions of the legal approach to poverty in the United States. We will also look at the intersection of the criminal justice system and poverty and touch on international perspectives on poverty. (Also available to undergraduate students.) Three hours. Shaughnessy -
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. -
LAW 393 - Privacy and Information Security Law Seminar.
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. Two hours. Fairfield Not offered in 2020-2021. -
LAW 394 - Problems in Corporate Law.
This course will explore corporate litigation in the Court of Chancery in Delaware in the context of mergers, acquisitions, and other transactional structures. This short, one-week course is divided into three parts. Part I will begin with a discussion of Delaware’s place in the world of corporate litigation and then turn to the topic of expedited deal litigation. Part II will focus on derivative litigation, in theory and in practice, beginning with the statutory and summary procedures available in the Court of Chancery. In Part III, we will discuss the other route to redress in connection with transactions: appraisal. We will spend time deconstructing the appraisal statute to understand who can pursue appraisal and how. We will also discuss the rise of appraisal arbitrage and explore the role of the merger price in appraisal. One hour. Slights Prerequisite: LAW 216 - Business Associations. -
LAW 400 - Real Estate Transactions.
An in-depth study of the problems involved in real estate transactions. Such topics as acquisition, financing, development, and operation of real estate ventures will receive primary attention. (Real Estate Transactions is a prerequisite for the Social Entrepreneurship & Real Estate Development Practicum.) Three hours. Not offered in 2020-2021. -
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. Eggert -
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. Bowden 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. Shelby Prerequisite: Business Associations (Business Associations may be taken concurrently). -
LAW 412 - Sentencing Law and Policy.
This course examines the development, purposes, and administration of sentencing, with a focus on the United States and its immense sentencing apparatus, often called “mass imprisonment.” We will study capital punishment, guideline and non-guideline systems, and truth-in-sentencing laws and discuss the role of mandatory minimums. How to structure discretion, by police, prosecutors, and judges, will be an important aspect of our discussions. We will look at the array of possible sanctions available, including so-called “alternative sanctions,” and the offense and offender factors that often determine the choice. The course will also explore the impact of race, class, immigration status, and gender on case outcomes. (Constitutional Law and Criminal Procedure are recommended preparation for the course but not required.) Three hours. Demleitner Not offered in 2020-2021. -
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. (Offered every other year.) -
LAW 441 - Transnational Business and Security Seminar.
This seminar will examine specific legal issues related to international business, the transnational law governing economic relations, and concepts of security. We will study economic security policy and strategic choices faced by governments, international organizations, and the private sector. These choices are shaped by legal regimes including international trade law and its national security exception; cross-border transactions and investment, and in particular the Committee on Foreign Investment in the United States; the U.S. Department of the Treasury sanctions tool and its authorizing legislation; and the national and international laws and regulations governing cybersecurity for the private sector. The intention of this 2-credit seminar is to provide a survey overview of these topics to better understand how transnational law is increasingly shaped by diverse ideas of security. Two hours. Claussen -
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 or 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. Faculty Tutorial (form similar to Independent Research form)
-
LAW 435 - Virginia Law and Procedure.
This course will introduce students to the substantive and procedural law of Virginia. The learning methodology will be a mix of lecture, class review of assigned reading, working hypotheticals, and student research presentations.
This is a discussion course, and students are expected to participate. Grading will be based one-third each on: (1) class discussion (students will take turns being “on call” to make this manageable), (2) one research presentation into a topic of Virginia law, and (3) a final exam.
Although not mandatory, it would be helpful in terms of bar passage to take Core Skills as well if seats are available in that course. (Preference given to third-year students.) Three hours. Flinn
Page: 1
| 2
|
Print this Page