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Second- and Third-Year Courses
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Students who are interested in registering for upper-class courses but who have not completed all first-year required courses must consult with the associate dean for academic affairs or the professor offering the specific upper-class course. |
601:694Administrative Law (3) An introduction to the law controlling how administrative agencies work. Such agencies have become extremely important; much law is made by agencies using rule-making authority, or is implemented by agencies acting in a judicial capacity. The advent of administrative agencies raises difficult constitutional and institutional issues. How can we ensure that agencies are responsible to the elected branches and, through them, to the people? To what extent is the creation of administrative agencies a proper response by legislatures to tough public policy issues? How can individuals be protected from arbitrary treatment by agencies? When is an individual entitled to a hearing before harmful administrative agency action? How should administrative agency procedures be structured to take advantage of agency expertise without shutting out interested parties? How can agency bureaucracies be prevented from assuming an overly powerful role in decision making? To what extent should the president be able to control administrative agency action? How stringently ought the courts review administrative agency action? Who ought to be able to challenge administrative agency action in the courts, and when? All of these issues are addressed. Bosniak, Maltz, Oren. This course is not a formal prerequisite to any other course. It is useful, however, as a pre- or corequisite to courses concerned with the formulation or implementation of a complex body of law by one or more administrative agencies. |
601:677Admiralty (3) Study of admiralty jurisdiction of federal courts and of selected topics in maritime law, including maritime torts, maintenance and cure, general average, salvage, maritime liens, carriage of goods by sea, charter parties, and limitation of liability. Cattell, Friedell |
601:761Admiralty Moot Court Team (P2) The Admiralty Moot Court Team is composed of two or three students selected by the faculty adviser to participate in the Judge John R. Brown Admiralty Moot Court Competition. Participants are required to file a brief and argue the case for each side. |
601:593Advanced Bankruptcy Practice (3) Students enact a Chapter 11 proceeding, from prebankruptcy negotiations and litigation through filing a Chapter 11 petition and litigation of issues, and culminating with confirmation of a plan and resolution of appeals. Focuses on development of negotiating and litigation skills and bankruptcy law; students research and develop expertise in areas where bankruptcy law overlaps with environmental, labor, real estate, or contract law. Kassner. Prerequisite: Completion of a 3-credit introductory bankruptcy course and Secured Transactions. |
601:611Advanced Brief Writing (2) Using materials designed specifically for practicing lawyers, Advanced Brief Writing takes students beyond their introductory first-year Moot Court course and helps them develop persuasive writing at either the trial or appellate level. Students are required to "annotate" their final writing products, i.e., explain either in the document`s margins or by use of footnotes where and how the writer implemented various principles learned from the textbooks, articles, and classroom instruction. The discipline of annotating their own writing not only helps students to put theory directly into practice but also makes them more conscious-and conscientious-writers. The course seeks to teach students the "whys" of the legal writing rules they learned in their first year. Pedagogical goals include teaching sophisticated and persuasive synthesis of the law and facts. Categories discussed in great detail include: understanding the exact goal of the case and the particulars of a given reader audience, and tailoring the document to that audience employing visual and context-setting techniques that make the document more "user friendly" importing creative writing techniques into facts sections setting a persuasive context throughout the entire document deciding how much analysis suffices to allow the reader to adopt the suggested result easily The course is based on a writing seminar model. Each week during the course, students receive two hours of in-class discussion of persuasive writing principles. Because the course follows a format more akin to a tutorial than a lecture course, each student receives the equivalent of 20 minutes per week of individual conferences to address specific concerns raised by their written work, as well as more general concerns about legal writing. The possibility exists that early weeks will have several classes of mostly lectures before the conferences begin. Major writing assignments for this course generally include the equivalent of two complex trial briefs with rewrites (at least 30 pages plus rewrites), although they may involve some appellate brief work instead. Abate, Legge, Robbins. Prerequisite: Moot Court I. |
601:766Advanced Civil Practice Clinic (2) Students who wish to continue their work in the clinic, to have an opportunity to work in greater depth on a limited number of cases, and to work with students enrolled in the Civil Practice Clinic should contact the clinic director for more information. Prerequisite: Civil Practice Clinic. |
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601:754, 743Advanced International Sales and Commercial Arbitration (2, 1) Fall Semester: After studying the year`s Willem C. Vis International Commercial Arbitration Moot problem, students review drafts of the briefs written by students taking the international sales course and assist those students in mastering the principles of the field. In addition, they prepare memoranda on substantive questions and summarize student arguments. Students are evaluated on their memoranda, teaching, and the feedback they provide to the other students. Spring Semester: Students continue their coordinating role as the International Commercial Arbitration Moot Court students draft the second memorandum for the Vis competition. In addition, students in the advanced course critique practice sessions for the oral arbitration component of the Vis Moot. They study the rules of different international arbitral institutions and provide memoranda evaluating the relevance of the rules to the problem. Hyland, Latham. Two credits fall semester; one credit spring semester. Prerequisite: International Sales, International Commercial Arbitration, International Commercial Arbitration Moot Court and permission of the instructors. |
601:676Advanced Legal Research, Analysis, and Writing (2) Building on the foundation of the first-year LRW/Moot Court program, this course provides an opportunity for advanced training in the core lawyering skills of research, analysis, and writing. Students learn advanced methods and sources of legal research and have an opportunity to complete a variety of legal writing projects with close supervision and training to develop and refine strong legal research, analysis, and writing skills. The course is intended for students wishing to improve their ability to write sharp, clear prose, to edit their own and others` writing, and to become more proficient at composing and organizing written documents. Prerequisites: Legal Research and Writing, and Moot Court I. |
601:552Advanced Mediation (2) Students build upon concepts and skills learned in the basic ADR course. Combines clinical experience with classroom work to provide both a practical and a theoretical framework to address mediation issues; exposes students to the use of alternative dispute resolution in large commercial cases.
The theoretical component of the class requires that the student write a paper on a key aspect of mediation (such as confidentiality, credentialing, or immunity), or on using mediation in specific types of disputes (such as employment cases, international disputes, government contracts, sports law, or farm foreclosures). The clinical component requires that students mediate disputes in a small claims court or neighborhood dispute resolution program and observe a mediation conducted by the staff of the New Jersey State Office of Dispute Settlement. This requirement must generally be fulfilled during the day (although some evening opportunities may exist) and takes approximately six to eight hours. Petrilla. Prerequisite: Alternative Dispute Resolution or permission of instructor. |
601:585Advanced Problems in Copyright Law (2) Provides an in-depth examination of recent and significant copyright case law as well as a hands-on introduction to some aspects of the practice of copyright law. Selected topics for discussion include the differences and overlaps in copyright and trademark protection for animation characters, copyright/patent interface for computer software, mask works, the copyright infringement implications of digital sampling and multimedia, and recent developments concerning the "fair use" defense. Biweekly writing assignments and an oral presentation by each student based on one of the assignments are required. Students also prepare copyright registration forms, draft an opinion letter dealing with copyright infringement, draft file memoranda concerning a selected issue in recently reported copyright disputes, and prepare a draft complaint and trial brief in support of the complaint. Goldschmidt. Prerequisite: Intellectual Property. |
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601:599Advanced Problems in Trademark Law (2) Focus of the course is a core problem typical of that encountered in trademark practice. "Real life" activities are broken down into separate legal issues, including assisting clients in selecting marks, conducting and analyzing trademark searches, preparing trademark opinion letters, preparation of a trademark application and prosecution of a mark before a trademark office, and the policing of the mark. The preparation of a complaint for trademark infringement (or its answer) and a corresponding memorandum of law are required writing assignments. Goldschmidt. Prerequisite: Intellectual Property. |
601:569Advanced Sales (2) The sale of goods studied in the context of the complete sales transaction, in both domestic and international settings, including a discussion of aspects of sales financing (banker`s acceptance, letters of credit), documents of title (bills of lading, warehouse receipts), international commercial terms, and the documentary transaction. Questions related to the Vienna Sales Convention and international commercial arbitration are examined with reference to problems developed by an international student moot competition on the same topics. Hyland. Prerequisite: Commercial Law or Sales. |
601:592Advanced Trial Advocacy (2) Students develop a greater understanding of case preparation, examination skills, theory development, trial strategy, and techniques of persuasion through participation in a National Student Trial Advocacy Competition. The first half of the term focuses on a civil liability problem in preparation for the national competition in early March. The problem serves as a vehicle for advocacy in opening statements/closing arguments and examination of lay and expert witnesses. The second half of the term focuses on presentation and argument of damages in a civil liability action. The national competition problem is distributed in November, and competition rules stipulate that fact pattern clarifications are due in mid-December. Students are required to contact Sandy Gavin, director of advocacy studies, for further details concerning the competition and to receive permission to enroll in this course. Gavin. Prerequisite: Trial Advocacy and permission of instructor. |
601:591Alternative Dispute Resolution (2) Familiarizes students with a wide range of dispute resolution processes both in theory and in practice. These processes are examined critically, with consideration of their strengths, weaknesses, and appropriate areas of use. Class sessions focus on negotiation, mediation, and arbitration as the primary dispute resolution alternatives to litigation. Heavy emphasis on experiential exercises involving students both in and outside the classroom. Gavin, Goldberg, Sabatino, Viniar, Yearwood |
601:595American Indian Law (3) Focuses on the special body of federal law construing the relationship of Native-American tribes and individuals with one another and with the federal government, the states, and non-Indian individuals. Among topics the course might touch on are the international law of aboriginal rights, the treatment of similar issues in other nations, and the nature of past and present legal systems internal to Native-American communities. Dane |
601:620American Legal History: Special Topics through the Civil War (3) This course surveys developments in American law from the colonial era through Reconstruction. Special emphasis is placed on the role of social, economic, and political developments in fostering legal change. Included among the topics to be examined are historical origins of American constitutionalism; the tensions between judicial authority and popular rule; the law`s role in American economic development, slavery, race, and law; the status of women in American legal history; and the history of American criminal justice. Course requirements include one short paper (three to five pages), one long paper, and active student participation. Hull. No prerequisite. American Legal History (601: 620) and American Legal History (601:679) may be taken independently and in any sequence. |
601:679American Legal History: Special Topics Post-Civil War to Modern Era (3) This course covers the post Civil War era. The emphasis is on the interaction between the legal system and changing political, economic, and social conditions during this period. Topics covered include the rise and dominance of law schools over legal education, the impact of the new organized bar on the practice of law and access to justice, law reform as an agent for social engineering (nineteenth- and twentieth-century laws prohibiting abortion and the teaching of evolution as case studies), and equality and civil rights as the justice issues of the post World War II era. Hull. No prerequisite. American Legal History (601: 679) and American Legal History (601:620) may be taken independently and in any sequence. |
601:693American Legal History: Survey (3) Selected problems in the development of private and public laws and of legal institutions in the United States. Emphasis on law in relation to social and economic forces and on the study of history as a way of raising fundamental questions about the legal system. Course work includes both intensive examination of source materials and study of secondary literature. Topics studied vary from year to year, but may include the Salem witch trials of 1692-1693, the rise of the legal profession, the transformation of private law in the nineteenth century, the law of slavery, restructuring economic regulation in the era of corporation capitalism, and civil liberties in America. Hull |
601:662Antitrust (3) Topics covered include horizontal restraints (price fixing, conspiracy, data dissemination, concerted refusals to deal); monopolization, attempts to monopolize, and oligopoly; problems concerning the relationship of antitrust to patent law; vertical restraints (restricted distribution, tying arrangements, exclusive dealing); mergers (horizontal, vertical, and conglomerate); selected Robinson-Patman Act problems; remedies and enforcement. Andrews, Carrier. Previous study of economics is not a prerequisite. |
601:581Arbitration and Collective Bargaining (2) Builds upon the basic labor law course by developing skills needed in a labor law practice. Focus of the course is the negotiation of a collective bargaining agreement and arbitration of issues arising under the agreement. Substantial writing will be required, such as drafting and redrafting selected provisions of a collective negotiating agreement and writing and revising an arbitration brief. DiNome, Fritton. Prerequisite: Labor Law. |
601:583Banking Law (3) An examination of the american banking system, its main institutions, and the laws governing it. The course explores the Federal Reserve System, Bank Holding Company Act, Federal Deposit Insurance Corporation, and the structure of regulations of banking institutions, and includes analysis of commercial banks, savings banks, and credit unions, along with branch banking and bank mergers and acquisitions. The course emphasizes the business of commercial banking and includes study of business lending, lending limits, letters of credit, bankers acceptances, real estate lending and bank ownership, asset-based lending, and nonperforming loans. Historical examples are examined to demonstrate that financial and legal decision making is influenced by business conditions, financial health of the institution, and near and long term objectives, rather than ideal theoretical principles. Other topics to be included are transactions in money market instruments, investments securities, the various types of deposits, the Community Reinvestment Act, and trust activities. Lastly, the course includes a discussion of troubled banks, focusing on the Financial Institution Reform Recovery and Enforcement Act, creditors and debtors of failed institutions, and FDIC assistance to failed banks. Meyer |
601:689Bankruptcy and Debtor/Creditor Rights (3) Introduction to state and federal laws governing debtor and creditor relations. Reviews state law collection techniques and practices (statutory and judicial liens, writs of garnishment and execution, exemptions), fraudulent conveyance rules, assignments, and receiverships. Presents federal law of consumer and business bankruptcy, both liquidation and reorganization. Korobkin, Ryan |
601:695Bankruptcy Workshop (2) A skills course with a focus on Chapter 7 consumer bankruptcy practice. Examples and possibly some real-client experiences will be drawn from the law school`s Pro Bono Bankruptcy Program. The intersection between Chapter 7 and other forms of bankruptcy and professional responsibility issues arising in bankruptcy practice also will be included. Cooper. Pre- or corequisite: Bankruptcy. |
601:680Business Organizations (4) Introductory course offering an extensive overview of the law of agency, partnership, and corporations. Emphasis is on issues relevant to the private enterprise, although some exposure to federal securities law is provided. Doctrinal instruction is supplemented with some "lawyering" modules designed to introduce students to the challenges of organizing and counseling a business venture. Beckerman, Livingston, Ryan |
601:683Business Planning (2 or 3) Combines the study of corporate and partnership law, tax law, and other legal and business considerations in a series of planning and drafting problems, emphasizing issues confronted by a small, start-up business. Problems include selection of the proper business form, incorporation, partnership agreements, buy-sell arrangements, employment agreements, and the sale or transfer of a going concern. Some projects may be completed on a group basis. Livingston. Prerequisites: Introduction to Federal Income Tax and Business Organizations. |
601:588Business Torts (2 or 3) "Business torts" traditionally refers to a collection of discrete, loosely related actions for economic harm, mostly arising out of business competition. Although this course retains the traditional name, it deals more broadly with the doctrine, jurisprudence, and practice of liability arising out of economic relationships. The course surveys a variety of causes of action for nonphysical harm that ordinarily are not covered in the basic contracts and torts courses; develops ways of understanding the causes of action, the connections among them, and their relation to the general law of tort and contract; and considers how the issues are presented to lawyers in practice. Topics covered may include breach of contract as a tort, misrepresentation, interference with contract and economic advantage, economic negligence, good faith, trade secrets, employment torts, unfair competition, and liability for consequential economic harm. Feinman |
601:645Casino Law (2) Provides an analysis of federal and state laws governing legalized gaming in the United States with emphasis on gaming in Atlantic City and in Indian country. The powers of the state and federal regulatory agencies are examined, and the underlying reasons for regulation and methods utilized to ensure the integrity of the gaming industry are discussed. The course focuses on the history of legalized gaming activities, the licensing process, and the regulation of the gaming industry. The course also discusses the current and future trends of gaming, including the expansion of gaming internationally and on the Internet. Carroll, Horner, Schrier |
601:673Child Abuse and Neglect (2) Examines how the state serves the best interest of maltreated children through child welfare and dependency court systems. Case studies, videos, and speakers supplement assigned readings on the legal, social, and historical underpinnings of the child welfare and dependency court systems in the United States, with emphasis on the New Jersey and Pennsylvania jurisdictions. Students participate in simulations of various stages of an abuse and neglect case and study how civil and criminal proceedings, including those in the juvenile justice system, affect the children, families, and professionals involved in the child welfare system. Grades are based on class participation, which may include short writing assignments, class presentations, and a final paper on a legal and policy issue or reform initiative. Schalick. Prerequisites: Family Law; Domestic Violence Law; Domestic Violence Reform: Responding to Abuse in Families with Children; or permission of instructor. |
601:794Civil Practice Clinic (4) The Civil Practice Clinic involves both client representation and a seminar component. Students provide representation in civil cases under the supervision of an attorney. Working with a student partner, all steps necessary to representation are undertaken, including interviewing clients, making strategic decisions, drafting documents and briefs, conducting negotiations, and making all court appearances. Focuses on skills necessary to client representation, ethical issues, and the roles of attorney and counselor.
Students will be assigned to cases in one of several areas, such as elder law and special education law. Students working on elder law cases provide representation to senior citizens in consumer fraud matters, Social Security disability, public benefits cases, landlord-tenant eviction actions, and draft wills and advance directives. Students engage in both affirmative and defensive litigation, and provide preventive legal planning and client advice. Students working on special education cases provide representation to children seeking a free appropriate education and related services in the least restrictive environment. These cases require representation in negotiations, mediations, and at administrative hearings, including work with clients, their families, and special education experts. Dueker, Overton. Prerequisites: Completion of 4 residence credits and Evidence and Professional Responsibility or permission of instructor; students may not enroll simultaneously in the law school`s externship program. Special Note: Course meets in a two-hour block once a week; students also must be available at times other than the scheduled class hours to accomodate court appearances and to meet with clients, classmates, and instructors. |
601:671Class Actions (2) Examines complex litigation-multiparty, multiclaim, and multiforum. Includes problems of class actions, dual forums (state/federal and federal/federal), complex discovery, use of magistrates, bifurcation, and fee awards. Some problems are more pronounced in complex litigation, such as conflicts concerning the role of client and counsel, judicial control of litigation and settlement, and the scope of judgments. Considers the effects of the class action and complex litigation on the judicial system and certain substantive issues, including those of due process, personal jurisdiction, and choice of law. Rosen |
601:665Commercial Law: An Introduction to the Uniform Commercial Code (3) This course provides an introduction to the concepts and methods of commercial law. A survey course, it explores all articles of the Uniform Commercial Code as well as international dimensions of commercial law. Completion of this course gives students a firm footing for any advanced course in commercial law. Students taking only one course in commercial law will, in this course, receive broad exposure to the basics of commercial law. Hyland, McDonald, Patterson. Exclusion: Students who have previously taken Sales or Secured Transactions may not take this course. |
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601:697Commercial Paper (3) Commercial paper and bank deposits and collections under Uniform Commercial Code Articles 3 and 4. Doctrine of negotiability, rights and obligations of parties to commercial paper, defenses to liability, bank-customer relationship, collection of checks, introduction to suretyship. Examines the theoretical basis of the law of negotiable instruments and provides techniques to master a complex pattern of statutory provisions. Hyland, Patterson. Prerequisite: One of the following: Commercial Law: An Introduction to the Uniform Commercial Code, Sales, or Secured Transactions. |
601:650Comparative Criminal Law and Procedure (3) A comparative analysis of some important problems of substantive criminal law and criminal procedure against the background of major national legal systems. The analysis focuses on American and continental European law and practice. Topics include structure and dynamics of criminal trials, prosecutorial and police discretion, lay participation in the administration of criminal justice, and a comparative analysis of crucial doctrines of substantive criminal law. One part of the course is devoted to an interaction between international humanitarian law and the national penal systems. Pomorski |
601:584Complex Civil Litigation (3) The dynamics of multiparty, multi-issue, and multiforum litigation and consideration of policies and procedures pertinent to its regulation. Topics examined include joinder of parties and claims, class actions, consolidation and disposition of duplicative or related litigation, management of complex cases, multidistrict litigation, and settlement. Andrews, Beckerman |
601:686Conflict of Laws (3) The pursuit of rational resolution of those situations in which there exists the possibility of the application of the laws of more than one jurisdiction. Although some problems outside the federal system are considered, the focus is on those arising within the United States. Dane, Maltz |
601:519Construction Law (2) Legal issues encountered in construction projects, beginning with the role of the construction lawyer and review of duties and liabilities of the construction team: architect, engineer, owner, contractor, construction manager. Includes discussion of bidding process (including bid protests and bid awards), contracting process with emphasis on key contract provisions, contract performance issues, litigation liability and damage issues, and bonding issues. Mandatory writing assignments, including exercises such as drafting contract provisions for owner-contractor contracts, contractor- subcontractor contracts and owner-architect contracts; drafting bid specifications for critical legal issues such as liquidated damage provisions, retainage and dispute resolution; drafting bid protest letters. Donio |
601:619Contemporary Jurisprudence (2) Considers jurisprudence from the point of view of the following question: What does it mean to say that the proposition of law is true? Topics include formalism, philosophical realism, positivism, interpretivism, communitarianism, moral theory, and postmodernism. Patterson. Students may take both this course and Jurisprudence (601:616). |
601:675Corporate Counseling (2) Requires the student to respond to a series of problems from various areas of the law by assuming the perspective of an in-house corporate attorney. The required work products are memoranda and reports for senior management. Students are asked to address not only legal issues, but also business considerations. In addition, students participate in simulated negotiations related to the problems. O`Neill |
601:524Corporation Taxation (3) Covers the federal income taxation of corporations and their shareholders. Topics include the formation and structuring of corporations, the payment of dividends, stock redemptions, partial liquidations, complete liquidations, and mergers and acquisition (M&A) transactions. Designed for both "tax" and "nontax" students. Davies. Prerequisite: Introduction to Federal Income Taxation. |
601:509The Criminal Justice System: Theory and Practice (3) Geared toward the would-be lawyer who wishes to become "the thinking practitioner" within the criminal justice system, this course attempts to serve as an intervening step between wanting to become a part of the system, and becoming disillusioned with it. Using a combination of philosophical, legal, and political perspectives, the system of criminal justice in the United States is explored, with a focus on understanding the current system and considering its reform. Beginning with the premise that the system is constantly evolving and should evolve, the course examines what drives these evolutions, what limits are tested or maintained, and who should be accomplishing change in the system. Emphasis is on the ideas underlying legal change in the system and the practical realities of employing those ideas. The course proceeds along two integrated tracks-the theoretical and practical. On the first track, the legal, social, and historical underpinnings of the criminal justice system are introduced, and the justifications, ideologies, and historical factors that shape the direction of the system are evaluated. Then, on the second track, these theories are examined at work in specialized topics within the system, including such possibilities as: (1) bail and preventative detention (the dramatic differences between the state and federal systems); (2) "the exclusionary rule" (the role society plays in driving fourth amendment policy); (3) plea bargaining (the struggle for control and uniformity of discretion); (4) sentencing (mandatory versus discretionary sentencing); (5) appeal and habeas corpus (procedural versus substantive claims, remedies, and obstacles); (6) ethics issues (the relationship between the obligations of zealous advocacy and the public interest); and (7) current "hot topics" within the system (e.g., what a need for military tribunals may say about the criminal justice system). Readings are interdisciplinary, ranging from political, sociological, and historical essays to case law, statutes, and governmental policy guidelines. Shashoua |
601:682Criminal Practice (3) An experiential approach to understanding the nature of the criminal attorney`s practice and the criminal justice system. Students prosecute and defend simulated cases. Activities include client and witness interviewing, motions practice, voir dire, examination of witnesses, trial, and appeal. These activities allow for reflection on the intellectual, ethical, pragmatic, and personal issues confronting criminal practitioners and on the workings of the criminal process. As an advanced simulation course in criminal practice, students are assigned the role of prosecutor or defense attorney in one of two cases, which run throughout the term. Students are responsible for exercises in all stages of the criminal process, including initial interview of client or police and complainant, fact investigation, grand jury practice, motions, plea bargaining, voir dire, aspects of trial (including planning the case, arguing to a jury, and examining and cross-examining lay and expert witnesses), sentencing, and appeal. Through their experiences, students have the opportunity to develop lawyering skills, to learn experientially the use and integration of areas of doctrine, and to learn about and reflect on issues that arise in the criminal justice process. Skills include pretrial and trial skills, the exercise of lawyerly judgment, and strategic thinking. Doctrinal areas include criminal law, criminal procedure, and evidence. Issues raised include: 1) Does the practitioner`s view of the guilt or innocence of the defendant matter? How do prosecutors and defenders justify their roles? How do they feel about these justifications? As a defense attorney, what is it like to operate in a state of uncertainty about your client`s guilt? How does this affect your relations with the client, your strategy, and your sense of self-worth?; 2) There is much discussion in the literature about whether the criminal process is basically an adversary system or a bureaucratic system. What insights do we have on this as we go through the process? In this regard, what is the role of plea bargaining? What are the pressures on judges, prosecutors, and defenders to move cases expeditiously?; and 3) What is the effect on the practice of mandatory minimum sentencing or sentencing guidelines? Is the cure of these statutes worse than the disease of discretion? What is the prosecutor`s role in sentencing, and does it affect the defendant`s right to a trial? Baker, Cipparone. Prerequisites: Evidence; Criminal Procedure: The Adjudication Process; or Criminal Procedure: The Investigatory Process. Preference in enroll- ment is given to students who have taken Trial Advocacy. |
601:656Criminal Procedure: The Adjudication Process (3) An examination of the criminal adjudication process, from initial appearance of an accused after arrest, through the formal charging process, pretrial motions, trial, sentencing, appeal, and collateral attack of conviction. The operation and effectiveness of present systems (focusing primarily on the federal system as an example) are considered, as well as proposed alternative procedures. Each step of the process and the system as a whole are evaluated as to their effectiveness in accurately determining the guilt or innocence of the accused while providing constitutional protections such as the right to be free from excessive bail and to have notice of the nature of the charges, the right to a speedy and public trial by an impartial jury, the right of the accused to confront witnesses, the right against compelled self-incrimination, and the right against being twice put in jeopardy for the same offense. Coombs, Singer |
601:655Criminal Procedure: The Investigatory Process An in-depth study of the investigatory stage of the criminal process. Focuses on the power of the courts to shape criminal procedure and their capacity to control police investigatory practices, such as arrest, search and seizure, interrogation, and identification through the Fourth, Fifth, Sixth, and Fourteenth Amendments. Discusses the role of counsel in this process and explores competing theories of criminal procedure and related systems of social control, such as the juvenile justice system and civil commitment of the mentally ill. Coombs, Pomorski |
601:548Cyberlaw (3) Survey of legal issues and problems arising from the growth of the Internet. Topics include the balancing of First Amendment rights in the business context with the growing body of privacy rights online, and protection and enforcement of proprietary rights in software, graphic and electronic works. New immunities under the Digital Millennium Copyright Act and the remains (not found unconstitutional) of the Communications Decency Act are weighed against the competing traditional notions of copyright and trademark claims of infringement. Gold. Exclusions: Students who have taken 601:747 Seminar: Cyberlaw I or 601:736 Seminar: Cyberlaw II may not take this course. |
601:627Decedents' Estates and Trusts I (2 or 3) An introduction to the law of gratuitous transfers of property, including intestate succession, transfers by gift and will, various forms of will substitutes, inter vivos and testamentary trusts, and charitable trust, with particular attention to the role of transfers in family and personal situations. The creation and requisites of trusts, trust purposes, the nature and extent of the beneficiary`s interest, and the modification and termination of trusts. Conflicts among trustees, beneficiaries, and third parties, as well as their resolution and avoidance. The effects of the inheritance process not only with respect to the family but also with respect to society at large. Underlying assumptions about the roles of individuals and groups and socially approved activities examined and alternative systems and proposals for change and reform discussed. Diab, Solomon |
601:557Decedents' Estates and Trusts II (2) A continuation of Decedents` Estates and Trusts I; topics include powers of appointment, creation and construction of future interests, the rule against perpetuities, and estate administration. Diab, Solomon. Prerequisite: Decedents` Estates and Trusts I; recommended for students who intend to practice in the field of estate planning. |
601:586Disability Law (2 or 3) A study of the unique legal issues concerning people with disabilities, with a primary focus on the Americans with Disabilities Act of 1990. Topics include historical perspectives on the rights of people with disabilities; defining disabilities; and the rights of people with disabilities with regard to education, employment, public accommodations, public services, transportation, and housing. Collier, Dueker |
601:772Domestic Violence Clinic (4) As with the Civil Practice Clinic, this course focuses on the skills necessary for client representation, the ethical issues that arise in cases, and the roles of attorney and counselor. Students are required to represent victims of domestic violence in complex domestic violence matters. Clinical attorneys supervise.
Students work with a partner and undertake all steps necessary to prepare for court hearings, including interviewing clients, reviewing court documents from related cases or prior proceedings, making strategic decisions, and drafting documents. Because the initial complaints are often drafted by police or other non-lawyers, and are thus often deficient, students often need to amend the complaint. In some situations, students may also need to write briefs for the actual representations as part of an effective strategy, or at the request of the judge. Typically, these briefs are under 10 pages but must be prepared in only a few days. Those situations provide students with an additional and valuable learning experience about the realities of trial practice from a research and writing perspective. Students also make all necessary court appearances. In New Jersey, third-year students may appear in court under the New Jersey Third Year Practice Rule. The types of representations which students undertake include final restraining order hearings where both parties have filed for relief, final restraining order hearings involving novel issues of law, motions for reconsideration, contempt hearings, or appeals.
Domestic Violence cases typically involve working with clients who are in highly stressful life situations, who often have negative experiences with the justice system, and who may need to make major life changes in order to maintain their own safety and that of their children, if any. The challenges facing attorneys who practice in this area are distinctive and many practitioners lack specialized training. Students in the clinic benefit from confronting the challenges of domestic violence practice in a small group composed entirely of students who are entering the class with some background in domestic violence law, practice, and procedure. Students learn how to integrate a systemic perspective on domestic violence law into individual representation and also have the satisfaction of helping raise the standards of domestic violence practice in Camden (which some may choose to continue to do on a pro bono basis after graduation). Dueker, Robbins. Prerequisites: Completion of 4 residence credits and the courses in Evidence and Professional Responsibility, and either Domestic Violence Law or Domestic Violence Practice and Procedure or permission of the instructors. Recommended: Family Law and/or a previous courthouse rotation through the Domestic Violence Pro Bono Project. Exclusion: Students may not simultaneously enroll in the law school`s externship program and the Domestic Violence Clinic. Special note: This course meets two hours per week, but students in the course must also be available at times other than the scheduled class hours to attend hearings (approximately 3-4 times per semester), meet with clients, classmates, and the supervising clinical attorney. |
601:688Domestic Violence Law (3) This course is a useful complement to both family law and criminal law study, and can be taken either before or after the basic survey course in family law. It is also good preparation for the Domestic Violence Pro Bono Project, Domestic Violence Practice and Procedure, the Domestic Violence Clinic, and the course on Child Abuse and Neglect. Students who are simultaneously enrolled in the Domestic Violence Practicum may also opt for writing credit in this course. How can we best understand the complex dynamics, pervasiveness, and significance of violent behavior in intimate relationships? How can our laws and legal institutions protect and assist battered adults and affected children? We study the problem of domestic violence in social, historical, and economic context, as well as legal responses to victims, batterers, and children within the child protective system; the family law system; the civil protective or restraining order system; the criminal justice system; the law of torts; and federal civil rights and international human rights remedies. We use case studies, videos, and speakers to supplement assigned readings on all aspects of domestic violence law and procedure. Freedman |
601:564Domestic Violence Practice and Procedure (2) Explores domestic violence in the context of family law and from an interdisciplinary perspective. Students will learn the basic psychology of abuse as well as the legal response. Course work includes a series of simulations designed to teach interviewing, counseling, negotiation, and legal advocacy in the context of the restraining order process (including brief writing for writing credit students). Robbins. Prerequisite: None. Students will be required to spend approximately two half-days on their own schedule at a New Jersey courthouse observing domestic violence restraining order hearings. These hearings take place during regular business hours on days determined by the county, but never on Fridays. |
601:705Domestic Violence Practicum (1) This practicum offers a bridge experience between the Domestic Violence Pro Bono Project and Domestic Violence Protective Order practice as an attorney. It is particularly useful for students interested in taking the Domestic Violence Clinic in a subsequent semester, and for students wanting a flavor of the Domestic Violence Practice and Procedure course in a year when that course is not offered. The practicum allows students to study practice and procedure under the New Jersey Prevention of Domestic Violence Act in more detail than the basic domestic violence law course. Students undertake some courtroom observations in Camden or other New Jersey counties, which are discussed during class sessions, and students have a choice either to assist an attorney in representing a client in a final restraining order hearing, researching an evolving issue of domestic violence law and practice, or assisting with some other aspect of the Domestic Violence Pro Bono Project. Robbins. Pre- or co-requisites: Domestic Violence Law or Domestic Violence Practice and Procedure or permission of the instructor. The DV Practicum meets for a total 14 hours, structured as seven class sessions of two hours each. The majority of class sessions are held during the middle of the semester. |
601:551 Domestic Violence Reform: Responding to Abuse in Families with Children (3) Second- and third-year students with prior background in family law, domestic violence work, or child protection explore issues that arise at the interface between the domestic violence and child protective systems; particular emphasis placed on new programs being implemented in New Jersey, Philadelphia, and elsewhere.
Focuses on responding to partner violence with minimal trauma to their children, identifying and responding to partner violence in the context of the child protective system, and encouraging productive cooperation between the domestic violence and the child protective systems. Covers limitations of existing institutional responses, as well as efforts to develop a systemic understanding of the barriers to reform and methods by which reform can be implemented. Outside speakers supplement course readings. Students write individual research papers and participate in conducting selected class sessions. Freedman. Prerequisite: Family Law, Domestic Violence Law, Domestic Violence Practice and Procedure, Child Abuse and Neglect, or permission of instructor. |
601:787,788Douglass Moot Court Team (N1,P2) Each year, a team of three or four law students is selected by a faculty adviser to participate in the National Black Law Students Association Frederick Douglass Moot Court Competition. Requires brief writing and oral argumentation. Students must complete the full-year program to be awarded 1 credit for each of the two terms of participation. |
601:641Education Law and Practice (2) Survey of current school law and a consideration of practice issues that arise when representing students, teachers, and educational institutions. Topics include the rights of students and teachers, special education and disability, church and state, school searches, student discipline, privacy of records, liability of school officials, and discrimination based on gender and race. Special emphasis on the emerging uses of alternative dispute resolution-including negotiation and mediation-to manage school based conflict. Goldberg |
601:606Elder Law (3) Topics include issues confronting an aging society, delivery of legal services to the elderly, Age Discrimination in Employment Act, Social Security, Medicare, Medicaid, life insurance, catastrophic health insurance, continuing care contracts, reverse equity mortgages, guardianship and conservatorship, living wills, durable power of attorney for health care, right to refuse treatment, and counseling of the elderly client. There also is a lawyering component that requires participation in community outreach workshops at nursing homes and geriatric centers; students provide counseling on elder law topics. Hull |
601:554Election and Political Campaign Law (2) Focuses on the practical and theoretical legal aspects of the American electoral system. Through the examination of federal and state law, students explore the underpinnings as well as future trends of participation in political campaigns at the ballot box, in political parties, and through campaign financing. Covers a range of electoral topics, including individual participation in elections, the Voting Rights Act, the role of political parties in the election process, redistricting and representation, and money and politics. Perr |
601:605Employment Discrimination Law (2 or 3) A study of the federal law prohibiting discrimination in employment. Focuses primarily on the paradigm employment discrimination statute, Title VII of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on race, color, religion, sex, and national origin, but briefly considers the Americans with Disabilities Act and the Age Discrimination in Employment Act. Examines theories of proof, defenses, exceptions, procedures, and remedies under the statute, and specific topics in the field, including seniority, pregnancy-related discrimination, sexual harassment, and affirmative action. Bosniak, Maltz, Rosoff, Trachtenberg |
601:631Employment Law (3) A survey of common law, as well as statutory and constitutional regulation of the employment relationship in both the private and public sectors, with primary attention to issues not covered in courses on collective bargaining or employment discrimination. Considerable time is devoted to the study of wrongful discharge law. Other topics covered may include job applicant screening practices, restrictions on employee speech and conduct, employee privacy rights, statutory wages and hours protection, occupational safety and health regulation, family leave policies, employer- provided fringe benefits (such as health insurance and retirement benefits), workers` compensation laws, plant closing laws, employee stock ownership plans, and government-provided employee benefits (e.g., unemployment insurance and social security). Harvey |
601:622Environmental Law (3) Examination of the concepts underlying such laws as the Clean Air Act and the Clean Water Act, not only to provide a general introduction to these statutes, but also to explore the many difficult policy and implementation issues involved in trying to protect the environment and public health. Examples of questions to be addressed include: How should cost be taken into account in determining environmental standards? Can environmental standards be designed in ways that will encourage cost-effective means of control? How should scientific evidence be considered in determining standards? What are the proper roles of administrative agencies, legislatures, and courts in designing environmental protection strategies? How can citizens best participate in determining the answers to complicated technical and political issues? Oren. No technical background is necessary. Recommended: Courses that examine regulatory issues, e.g., Administrative Law, Health Law, and Regulation of Land Use. |
601:769,770Environmental Law Moot Court Team (N1,P2) Each year, two or three students are selected by the National Environmental Law Moot Court adviser to participate in the National Environmental Law Moot Court Competition. Team members write an appellate court brief and participate in oral argument rounds on an environmental law problem developed by the competition sponsors. Recommended: A strong environmental or administrative law background. Students must complete the full-year program to be awarded 1 credit for each of the two terms of participation. |
601:634Environmental Litigation (3) A simulation course based on one superfund site, participating in all aspects of the handling of a superfund matter, from initial information gathering through litigation and settlement. Activities include information gathering, preparing and responding to administrative orders, motion practice, remedy selection, negotiation, and written and oral advocacy. Simulation and classroom instruction/discussion provide an opportunity to consider the intersection of the legal and technical aspects of environmental law, as well as broader environmental law-related issues, such as risk and responsibility. Goals of the course include exposing students to the complexities of environmental litigation, enhancing their negotiation skills, affording opportunities for both oral and written presentation, and fostering discussion of the principles that underlie the superfund law. Bogdonoff. Prerequisite: Administrative Law or Environmental Law. This is a 3-credit course that is scheduled to meet two hours each week. Students must be available at other times for activities, such as team meetings, client consultations, and critique sessions. |
601:678Equity (3) A study of the doctrines and principles of equity, the process of the courts of equity, injunctive relief, specific performance, equitable titles, equitable servitudes and conversions, and negative covenants. |
601:629Estate Planning (4) Designed for students who wish to acquire competence in planning estates, but who do not need the comprehensive coverage of the Internal Revenue Code provisions required of those specializing in the area. Includes coverage of the taxation of gifts, trusts, and estates, as well as estate planning techniques, including the use of the marital deduction, inter vivos gifts, transfers in trusts, life insurance, jointly owned property, and disposition of businesses. Drafting of wills, trusts, and buy-sell agreements is emphasized. Prerequisite: Introduction to Federal Income Taxation. |
601:691Evidence (3) A study of the law and rules (with particular attention given to the Federal Rules of Evidence) governing the proof of disputed issues of fact in criminal and civil trials, including the functions of judge and jury; relevancy; real and demonstrative evidence; authentication and production of writings; the examination, competency, and privileges of witnesses; hearsay; impeachment; and burden of proof, presumptions, and judicial notice. Andrews, Carrier, Coombs, Gavin, Sabatino, Stephens |
601:521Evidence II (2) Practical applications of evidence law and an examination of topics not covered in depth in the basic Evidence course. Topics include the authentication and admission of a business record, qualification and voir dire of an expert witness, impeachment techniques, making and recognizing the grounds for objections, and other applications. Readings explore subjects such as foundations of proof, evidentiary privileges, and DNA evidence. Sabatino. Prerequisite: Evidence. Especially recommended for students who are or will be taking Trial Advocacy or the Civil Practice Clinic. After the first meeting, classes will be held at the instructor`s courtroom in Trenton, New Jersey. |
601:798,799Externship Program (N3,P6) The law school conducts an extensive externship program whereby third-year students gain academic credit while working 12 to 15 hours each week for various public and private nonprofit agencies and for state and federal judges. In addition to the agency work, students attend seminars relating to the work done in their placements and write journals reflecting on their experiences. Prerequisites: 1) All students must take Professional Responsibility. 2) Any student taking a placement that requires appearance in court on behalf of a client must take Evidence. Professional Responsibility and Evidence (if required) must be completed prior to the first term of enrollment in externship. 3) Any student taking a placement in a criminal litigation agency must take Criminal Procedure: The Adjudication Process or Criminal Procedure: The Investigatory Process (these courses may be taken concurrently with the first term of the criminal litigation clinic placement). Students must complete the full-year program to be awarded 3 credits for each of the two terms of participation. |
601:658Family Law (3) A survey of state and federal law as it impinges on the family, including marriage, divorce, child custody, child neglect and abuse, spouse abuse, property, adoption, nonmarital families and children, constitutional law, tax, welfare, and social insurance. Includes a brief introduction to lawyering skills relevant to domestic relations practice. Freedman, Goldfarb |
601:692Federal Courts (3) The federal judicial system; analysis of cases and controversies; diversity, federal question, and removal jurisdiction; conflict between state and federal courts; appellate jurisdiction of the Court of Appeals and the U.S. Supreme Court. Stein |
601:633Federal Criminal Law (3) There has been a marked "federalization" of crime over the past several decades, based primarily on the nexus of interstate commerce. This course focuses on that growth and on the interrelationships of federal and state law enforcement agencies, as well as on specific and unique federal enforcement agencies and processes, such as wire and mail fraud, RICO and CCE, and independent counsel law. Other possible topics include the federal sentencing guidelines, federal forfeiture laws, the influence of federal funding on state substantive criminal law, and the dual sovereignty doctrine of double jeopardy. Singer |
601:615 Federal Estate and Gift Taxation (3) Focuses on the analysis and application of the statutory, regulatory, and case materials that govern the taxation of gifts, trusts, and estates. Examines the social and economic policies that underlie the taxation of wealth transfers. Students are required to participate in the application of the law to practical sample cases. Prerequisite: Introduction to Federal Income Taxation. Recommended for students whose interests include estate planning, charitable organizations, and taxation. |
601:533 Federal Tax Practice and Procedure (2) Examination of procedural issues encountered in handling civil and criminal matters before the Internal Revenue Service and courts. Administrative topics include tax audits, administrative appeals, requests for technical advice, assessment procedures, refund claims, statutes of limitations, and interest and penalties. Litigation topics include deficiency determinations and statutory notice procedures, choice of forum, U.S. Tax Court litigation, and refund claims. Criminal tax topics include criminal tax investigations, criminal penalties for tax evasion and tax fraud, and indirect methods of providing unreported income including bank deposit analyses and the net worth and expenditures method. Discussion of the collection process includes tax liens and levy procedures, offers in compromise, and transferee liability. Where relevant, recent developments resulting from the IRS Restructuring Act and Reform Act of 1998 will be discussed, including statutory amendments relating to burden of proof, collection due process procedures, qualifying settlement offers, and innocent spouse relief. Fee. Prerequisite: Introduction to Federal Income Taxation. |
601:640First Amendment (2 or 3) Deals primarily with the constitutional law governing both freedom of speech and freedom of religion. The cases and materials presented aim to illustrate broader problems of the relationship of the courts to the other branches of government and the problems of judicial development of doctrine. Afran |
601:577Food and Drug Law (2) This course considers selected issues in the federal regulation of food and drugs under the Federal Food, Drug, and Cosmetic Act. The course includes issues relating to the development and implementation of regulatory policies, as well as such topics as food labeling regulations and enforcement powers. Levitas |
601:604Foreign Relations and National Security (3) An analysis of the interaction between the conduct of U.S. foreign affairs and the constitutional distribution of powers among the executive, the legislature, and the courts. Among the topics discussed are the foreign relations powers of the president and Congress, treaty making under U.S. law and practice, war powers, international law-customary and treaty-as the law of the land, recognition, and justiciability of foreign affairs issues. Clark |
601:531Fundamentals of Public Finance (2) Examines law and policy relating to public debt financing, including state legislatures` roles in municipal bond issues, and constitutional and judicial restrictions on the financing power of state legislatures. Analyzes various debt financing paradigms and debt limitations of state constitutions. Explores taxation implications and applicability of securities law to municipal bonds, including scrutiny of the antifraud provisions of Section 10(b) of the Securities Exchange Act 1934, the Securities Exchange Commission Rule 10b-5, and the continuing disclosure requirements of Securities Exchange Commission Rule 15c2-12. Emphasizes the roles and responsibilities of bond counsel, underwriter`s counsel, and issuer`s counsel in structuring bond deals and drafting offering documents, including the official statement, bond resolutions, bond indentures, and closing documents. Rauf |
601:789,790Gibbons Criminal Procedure Moot Court Team (N1,P2) Each year, a team of three or four law students is selected by a faculty adviser to participate in the John J. Gibbons National Criminal Procedure Moot Court Competition. The competition requires briefing and oral argument. Students must complete the full-year program to be awarded 1 credit for each of the two terms of participation. |
601:565Hazardous Waste Law: Regulation and Cleanup (3) Students learn how to navigate the maze of regulation of active sites engaged in the treatment, storage, and/or disposal of hazardous wastes under the Resource Conservation and Recovery Act (RCRA); the remediation and liabilities for active and abandoned sites under RCRA; and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Course examines these statutes from the perspective of both the government regulator and private counsel. Gonzalez, Miano, Wise. Prior course work in environmental or administrative law helpful, but not required. |
601:598Health Care Fraud and Abuse Law (2) Focuses on the False Claims Act 31 U.S.C. 3729, et seq.; the Anti-Kickback Act 41 U.S.C. 51, et seq.; the Medicare Medicaid Anti-Kickback Act 42 U.S.C. 1320A-7b(b); the Stark Laws; the mail, wire, and health care fraud statutes 18 U.S.C. 1341 et seq.; and the fraud implications of violations of state law (fiduciary duty, commercial bribery, state licensing statutes). Students learn how to apply these laws and governing regulations in choosing and investigating cases (prosecution), responding to investigations (defense), identifying and preventing violations of these laws (compliance), allocating risks of fraudulent or violative acts among parties (transactions), and representing a whistle-blower. Explores use of regulations in the hospitals and health systems, nursing homes and skilled nursing facilities, health maintenance organizations and their subcontractors, physicians and dentists, pharmacists and pharmaceutical companies, ancillary services (medical equipment, therapies, supplies), laboratories, and mental health/substance abuse. Sheehan |
601:614Health Law (4) A comprehensive, in-depth examination of law and health care delivery, including the phenomenon of managed care. Examines rights of access to care, the financing and organization of care, and quality of care, with particular emphasis on how law interacts with these issues. Prominent topics include health insurance coverage decisions (e.g., denial of coverage on grounds of medical necessity or experimental care) and the regulation or lack thereof by the federal ERISA law, Medicare and Medicaid, and state legislation; ERISA preemption of state regulation and tort remedies; the Americans with Disabilities Act and its impact on access to care and on insurance coverage; the reimbursement of hospitals and other providers; the rise and regulation of managed care; the application of antitrust law to the health care industry; the law of fraud and abuse; the concept of quality of care; medical malpractice law and its reform; informed consent; and the role of hospitals, HMOs, and other entities in ensuring quality of care and bearing liability for damages. Also discusses health reform efforts at the federal and state levels; the failure of national health insurance; and the legal, market, professional, and other social dynamics of the health care system. Frankford, Rosenblatt |
601:528HIV/AIDS and the Law (3) The global HIV/AIDS epidemic is one of the greatest public health crises of the past two decades and has resulted in significant legislation and public policy geared toward both infected and affected communities. This course explores the legal and ethical landscape of the HIV/AIDS epidemic with a major focus on domestic issues and some discussion of international issues. Students are challenged to think critically about the relationship between individual rights and public health and the ways in which race, class, gender, and sexual orientation have impacted and continue to impact the U.S. response to the local and global HIV/AIDS epidemic. Topics covered include HIV testing, confidentiality, and reporting; access to and the ethics of HIV/AIDS research in the U.S. and abroad; mandatory and voluntary partner notification programs; immigration restrictions; criminalization of HIV transmission; mandated medical treatment; patent protections for anti-HIV medications; and antidiscrimination law. Mutcherson |
601:576Hospital Law (2) Examines laws regulating hospital financing, operations, quality, and delivery of health care. Focuses on where hospitals fit in the organization and regulation of the health care sector-for example, certificate of need, tax-exempt status, licensing, JCAHO, EMTALA; public financing of hospital care, such as Medicaid, the Boren Amendment, Medicare, and the uninsured; the extent to which hospitals willingly or unwillingly become risk-bearing organizations through contract negotiations between hospitals and managed care organizations, regulation of managed care organizations, provider sponsored organizations, and HMO bankruptcies; patient rights, including privacy of medical records, genetic testing, and access to care; and governance, including medical staff privileges, mergers and acquisitions, and conflicts of interest. Van Hoeven. Prerequisite: Health Law or permission of instructor. |
601:625Housing and Urban Development (3) An analysis of federal, state, and local programs designed to preserve existing housing and to improve urban areas. Social, legal, economic, and administrative aspects of community improvement, urban planning, and housing assistance programs discussed. Also covers state housing and development agencies, revenue bonds, housing allowances, homesteading, and code enforcement. Washburn |
601:702,703Hunter Moot Court (N1,P2) The Hunter Moot Court program is a voluntary 2-credit program, beginning in the first term and continuing into the second, that develops written and oral advocacy skills in a moot court competition. Third-year full-time and fourth-year part-time students are excluded from enrolling in Hunter Moot Court. Students must complete both terms to be awarded 1 credit for each of the two terms of participation. |
601:741,742Hunter Moot Court Board (N1,P2) The Hunter Moot Court Board is composed of third-year students selected from previous Hunter Moot Court program participants. Board members are responsible for the organization and administration of the Hunter Moot Court program and for selection of the National Moot Court Team. Students must complete both terms to be awarded 1 credit for each of the two terms of participation. |
601:669Immigration and Citizenship (2 or 3) An examination of the constitutional, statutory, and administrative laws governing the entry, presence, expulsion, and naturalization of aliens. Considers the scope of governmental power with respect to both substantive immigration decisions and immigration procedures and the nature of aliens` corresponding rights. Specific topics include admission of aliens as immigrants and nonimmigrants, exclusion, deportation, naturalization, and the law of refugee status and political asylum. Detailed and complex statutory and regulatory analysis, examination of fundamental constitutional questions concerning separation of powers and individual rights, and treatment of broad-ranging policy and theoretical concerns about the nature of the American community and the appropriate status of immigrants within that community. Bosniak |
601:648Income Tax Planning (3) Continuation of the Introduction to Federal Income Taxation course. Topics covered include how and when to use the basic income tax saving techniques, primarily in the investor and employer-employee settings. Focus on tax shelters, the time value of money, investments in securities, and employee fringe benefits, including qualified pension plans after the 1986 Act. Davies. Prerequisite: Introduction to Federal Income Taxation. |
601:660Insurance Law (2 or 3) A study of the law of insurance: the contracts-life, fire, homeowner`s, marine, liability, and auto; insurable interests; warranties; conditions; concealments; waiver; estoppel; and duty of insurer to settle. Cattell, Friedell, Hyland |
601:610Intellectual Property (3) A study of the laws designed to protect artistic, literary, and musical works, with special emphasis on the law of copyrights, patents, and the laws of unfair competition as applied to intellectual property. Carrier, McNichol |
601:630International Business Transactions (3) Surveys legal problems associated with cross-border commercial and financial transactions. Topics include cross-border agreements for the sale of goods (with emphasis on the Convention on the International Sale of Goods, the International Chamber of Commerce`s INCOTERMS, and rules applicable to distributorships and sales agencies); project financing (including the International Chamber of Commerce`s Uniform Customs and Practice for Documentary Credits, and money laundering legislation); cross-border investment (using NAFTA`s investment rules as a blueprint for relevant issues); franchising, licensing and international intellectual property protection; tax aspects of international transactions; and forms of dispute resolution used in cross-border agreements. Afilalo |
601:505International Commercial Arbitration (2) Examines systematically-through statutes, rules, national and international cases, and treaties-the establishment, operation, and award implementation of international commercial arbitration tribunals; the role of national courts in compelling, facilitating, and enforcing or vacating arbitral awards; and policies currently under consideration for changing arbitral practices. Special attention is given to (1) the jurisdiction of international arbitral tribunals, (2) choice of law and the role of domestic and international law in arbitral decision making, (3) judicial review and enforceability of awards under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards ("New York Convention"), and (4) European or civil law influences on arbitral proceedings and decision making, particularly the comparatively de-emphasized role of factual discovery and the greater reliance on scholarly commentary as opposed to case precedent. The course addresses both institutional arbitration under major international bodies such as the International Chamber of Commerce, the American Arbitration Association, and the London Court of International Arbitration as well as ad-hoc arbitration under rules schemes such as the UNCITRAL Model Law on International Commercial Arbitration. Latham. Prerequisites: Commercial Law: Introduction to the U.C.C. or International Business Transactions. (International Business Transactions may be taken concurrently with International Commercial Arbitration.) |
601:654International Criminal Law and Criminal Justice Policy (3) Explores a number of the criminal justice issues that are currently on the international agenda and on which international standards are emerging. A substantial part of the course deals with the structure and content of the United Nations Crime Prevention and Criminal Justice Program that operates from Vienna. Particular issues include the standard minimum rules for the treatment of prisoners, the rights of victims, cooperation in the international criminal process (including extradition, mutual legal assistance, and prisoner exchanges), crimes under international law (including the Nuremberg Trials and the work of the tribunal for the prosecution of violations of humanitarian law in the former Yugoslavia), domestic violence, and capital punishment. Clark |
601:507International Environmental Law (3) Considers several leading topics in international environmental law and policy, including climate change, ozone depletion, transboundary movement of hazardous waste, international trade and the environment, biodiversity, and the law of the sea. Examines sources of international environmental law and the role of international institutions in developing and implementing environmental agreements. Also addresses the extraterritorial application of domestic environmental law. Abate, Stephens |
601:700International Environmental Law Moot Court Team (P1) Each year, at least two, but not more than six, students are selected by the International Environmental Law Moot Court adviser to participate in the International Environmental Law Moot Court Competition, sponsored by Stetson University College of Law. Team members write a memorial (brief) and participate in oral arguments on an international environmental law problem designed by the competition sponsors. Teams representing law schools from all regions of the United States have participated in the competition, as well as teams from law schools in India, Spain, Canada, Bolivia, and Finland. The problem is assigned in June each year, with briefs due in early October and arguments scheduled in early November. Abate. Recommended: Course work and interest in international environmental law, domestic environmental law, and public international law. |
601:573International Human Rights Litigation (3) Examines theoretical and practical issues raised by attempts to enforce international human rights norms in U.S. courts. Theoretical topics include international and domestic jurisdictional principles; sources of international human rights law; emerging norms; bars to enforcement, such as the political question doctrine, act-of-state, immunity, and venue; and the relationship of domestic civil litigation to criminal prosecution and international enforcement mechanisms. The course also looks at practical problems faced in such litigation, including framing legal and factual issues, working with survivors of gross human rights abuses, foreign discovery, the role of expert testimony, and enforcement of judgments. Optional writing credit may include one 20-page or two 10-page research papers. Stephens |
601:715,716International Law Moot Court Team (N1,P2) Each year, three to five students are selected by the International Moot Court adviser to participate in the Philip C. Jessup International Law Moot Court Competition. Recommended: A strong international law background. Students must complete both terms to be awarded 1 credit for each of the two terms of participation. |
601:652International Protection of Human Rights (3) Following an introductory examination of some of the historical and philosophical bases of human rights, the course focuses on the efforts of the United Nations in this area. Topics include an analysis of the human rights provisions of the Charter, the Universal Declaration of Human Rights, and the International Covenants on Human Rights; efforts in the area of racial discrimination and attempts to protect civil and political rights in selected countries; and the attempts to institute appropriate machinery for the protection of human rights at the global level, with some comparisons to the more successful efforts at the regional level. Clark, Stephens. Prerequisite: Introduction to International Law or permission of instructor. |
601:664International Sales (3) Compares the Vienna Convention on Contracts for the International Sale of Goods (CISG) with Article 2 of the Uniform Commercial Code. Examines current issues of international commercial arbitration and provides an introduction to the study of comparative law, particularly of the sales laws of civil law countries. This offering is also designed to prepare students to participate in the Willem Vis International Commercial Arbitration Moot held every spring in Vienna, Austria. The class project, due in the month of December, is to draft the applicant`s brief for that moot. Those chosen to represent the school at the competition enroll for 2 credits in the spring in the Vis International Commercial Arbitration Moot Team, draft the respondent`s brief, and prepare for and participate in oral arguments as the Rutgers team in Vienna. Hyland, Latham. Prerequisite: Commercial Law: Introduction to the U.C.C. or Sales. If Commercial Law: Introduction to the U.C.C. has been previously taken, Sales can be taken at the same time as International Sales is being taken, although this is not required. |
601:580International Trade Regulations (2) Surveys the principal issues raised by the economic, political, and legal integration of sovereign states, with particular emphasis on the tension between free trade and domestic policies (such as labor, environmental, and consumer protection policies). Covers the institutional and legal aspects of the World Trade Organization and the North American Free Trade Agreement, and draws comparatively from European Union law in order to illustrate the various levels of (and roads to) integration. Provides students with the theoretical and practical knowledge necessary to read any other free trade area treaty (e.g., MERCOSUR) and understand its working and the policy choices made by its drafters. Topics covered include free trade theory; tariffs and customs law; nontariff barriers to trade; trade and the environment; trade and intellectual property; anti-dumping law, subsidies and countervailing measures; government procurement; and institutional and constitutional dimensions of free trade areas. Afilalo |
601:647Interviewing, Counseling, and Negotiation (3) Theory and skills of these lawyer/client and lawyer/lawyer roles. Includes simulations, some of which will be videotaped and individually critiqued. Topics include the nature of the lawyer/client interview, planning and structure of an interview, the lawyer`s development and testing of factual and legal theories, psychological and ethical issues, techniques and ethics of assisting clients to make decisions, models for describing negotiation behavior, techniques of adversarial and other forms of bargaining, and problem solving. Simulations enable students to develop a beginning level of proficiency in these skills. Grades based on two major simulations and on a final exam. Katz, Klothen, Spielberg |
601:649Introduction to Federal Income Taxation (4) Introductory course in federal income taxation. Concentrates on tax problems of individuals: gross income, deductions, adjusted gross income, exemptions, credits, basis, and capital gains and losses. Special emphasis on the use of the Internal Revenue Code and treasury regulations. Selected cases and revenue rulings also considered. Davies, Livingston, Umbrecht. This course is a prerequisite to all other tax courses. |
601:621Introduction to International Law (3) Provides answers to the questions that one should ask initially about any legal system: 1. What are the sources of its norms (e.g., consensus, legislation, dictatorial fiat), and how can one identify them or, put differently, choose between competing claims about the law governing a particular transaction? 2. What are the principal values that the legal system expresses? 3. What are the principal institutions for making and applying the law? 4. What is the legal system`s relationship with other legal systems (cf., the relationship between state and federal law in the United States)? 5. What kinds of activities by what kinds of people or entities are governed or affected by the system? 6. What are its most important substantive and procedural norms?
Question 1 requires explication and comparison of treaty, custom, and universal legal principles as sources of international law. Question 2 leads to consideration of the idea of national sovereignty and to provisional appraisal of claims that values such as self- determination, racial equality, conflict minimization, and economic development color and shape the system`s institutions and norms.
The main institutions for making and applying international law are examined, including the United Nations, regional organizations such as the OAS and EEC, the ICJ, the IMF, the World Bank Group, the GATT, IMCO, ICAO, and the national governments and courts. The influence of nongovernmental institutions, such as the multinational corporation and the NGOs at the United Nations, also are covered.
Questions 4, 5, and 6 are related closely, for in the process of describing the reach of the international legal system (e.g., protecting aliens, delimiting national jurisdiction over the marine environment, guaranteeing the integrity of national frontiers), one must coincidentally explore the relationship between the domestic and the international legal orders (e.g., the legitimacy of extending domestic jurisdiction to govern behavior-polluting, monopolizing, deceiving-occurring outside a nation`s territory), and the substance of the rights and obligations and the privileges and immunities that comprise the body of international law. The survey of substantive and procedural norms includes such issues as the use of the sea and seabed, the use of force, and the protection of human rights. Clark |
601:672Jewish Law (3) Selected readings of articles and translations of original sources on a range of controversial topics. Topics include abortion, euthanasia, medical experimentation, surrogate motherhood, homosexuality, privacy, legal ethics, self-incrimination, patents of new life forms, gambling, women`s participation in religious services, and tort reform. The course looks at these materials to gain an understanding of the values underlying Jewish law and the ways in which law changes. Also looks at how American courts have resolved questions involving Jewish law. Friedell. Assigned readings are in English. Prior knowledge of Judaism is not required. |
601:773, 776Journal of Law and Religion (N1,P2) Students develop enhanced research, writing, and technological skills through participation in the Rutgers Journal of Law and Religion. Students compete for editorial positions during the summer between their first and second years. Students not selected may participate in an additional writing competition in the spring term of their second year. Dane. Students must complete both terms to be awarded 1 credit for each of the two terms of participation. |
601:611Jurisdiction (3) Examines fundamental questions about the idea of jurisdiction in our legal culture. The course asks how questions of judicial jurisdiction differ from other sorts of legal questions, and what the consequences of those differences might be. Specific topics include the direct and collateral authority of judicial decisions rendered in the absence of jurisdiction, the threshold character (or not) of jurisdictional issues, the possibility of "jurisdiction to determine jurisdiction," waiver of jurisdictional bars, attitudes to the interpretation of jurisdictional statutes, the special problems posed when jurisdictional questions overlap with questions of merits, distinctions between courts of inferior and superior jurisdiction and between courts of general and limited jurisdiction, notions of "inherent" and "hypothetical" jurisdiction, judicial immunity, jurisdictional facts and the preclusive effect of factual determinations made in dismissals for lack of jurisdiction, habeas corpus as a jurisdictional doctrine or not, the use of jurisdictional concepts in administrative law, and the doctrine of "jurisdictional time limits." The main focus of the course is on American cases and legal doctrines. It also will, however, pay some attention to political history, comparative law, and legal theory. Dane |
601:616Jurisprudence (3) Survey of the foundations of modern American jurisprudence, with emphasis on American legal theorists since the turn of the century, including Benjamin Nathan Cardozo, John Dewey, Leon Fuller, Oliver Wendell Holmes, Jr., Karl Llewellyn, and Roscoe Pound. European and classical legal philosophers whose ideas have influenced American jurisprudential scholars also are discussed. Hull. Students may take both this course and Contemporary Jurisprudence (601:619). |
601:659Labor Law (3) A study of the common law`s response to employees` efforts to organize and take concerted action to improve their wages, hours, and other employment conditions. The course traces the evolution of a national labor policy in this country through the New Deal and later federal legislation. Focus on the protections afforded by federal law to union organizational activities; the procedures established by federal law for the selection of representatives for the purposes of collective bargaining; federal regulation of concerted economic activity by unions, such as strikes, boycotts, and picketing, and of countervailing employer action; and the extent of federal preemption of state regulation in the labor area. Harvey, Rosoff |
601:609Law and Biomedical Ethics (3) Explores the legal, moral, and ethical problems associated with advances in biomedical technology and other life sciences, such as epidemiology. Examples of specific topics include DNA research and genetic engineering, human experimentation, access to and regulation of new drugs and treatments, termination of life-prolonging treatment, refusal of treatment by patients, decision making on behalf of incompetent patients, allocation of scarce resources such as artificial hearts, definition of death, advances in reproduction (e.g., artificial insemination, in vitro fertilization), the role of medical knowledge in regulating hazardous substances, and legal and ethical principles relevant to these areas. Frankford |
601:657Law and Economics (3) Introduction to law and economics. Disputes concerning the methodology and normative implications of law and economics scholarship are discussed; major theoretical constructs used in the field are explained (including the definition of economic efficiency, pareto optimality, the Kaldor-Hicks criterion, the Coase theorem, and the Arrow theorem); and examples of the application of economic analysis to legal issues are studied in selected areas of both common and public law. Harvey. Special note: If enrollment is 14 students or fewer, course may be offered at the professor`s discretion as a 3-credit writing course in which a paper is required in lieu of a final examination. |
601:538Law and Literature (3) Examination of relationships between law and literature, including (1) exploration of literary representations of law and lawyers, i.e., law in literature, (2) consideration of "literariness" of legal texts: rhetoric, style, tropes, and metaphors-i.e., law as literature, (3) examination of law and literature as two kinds of cultural texts reflective of values, ideals, and social structures in a given culture, divergent yet mutually informative. Some of the questions to be explored in this course are: How do courts and other legal arenas exclude voices and ideas that literature might (and does) include? How does literature make appeals for distinct kinds of legal and social interpretation? How might literary works teach us about storytelling in ways that are useful for the practice of lawyering? What do we learn about effective representation of clients through expressions of life that are found in literature? Authors include: Borges, Morrison, Melville, and Shakespeare. Scholarly writings on "law and literature" and cultural theory are included in course readings. Perry |
601:758,759Law Journal (N1,P2) The law school considers the Rutgers Law Journal one of its most significant activities. Participation in its work affords opportunity for intellectual and professional growth. Students are invited to compete for positions on the basis of a writing competition and their academic achievement in the first year of law school. Students may participate in an open writing competition for open seats during the spring of their second year. Students must complete both terms to be awarded 1 credit for each of the two terms of participation. |
601:635Law of International Organizations (3) An examination of the law of the United Nations and major organizations. Clark |
601:561Legal Drafting (2) Students learn a valuable, transferable set of skills as they engage in practical, transactional drafting experiences that will form a major part of their work as lawyers. Course prepares students to undertake with confidence and efficiency the drafting tasks demanded of lawyers as planners, problem solvers, and advocates. Focuses on analytical skills needed to read legal documents, integrating structure and content, gathering facts, writing for multiple audiences, using forms, anticipating future consequences, and considering tactical and ethical concerns. Major assignments include drafting or revising documents, such as a simple will, a retainer agreement, an employment contract, proposed regulations or legislation, and client letters. At least one assignment is an in-class simulation similar to the multistate performance test portion of the bar exam. Class structure is interactive with extensive review and editing of sample and draft documents developed by the professor and by fellow students using peer editing, "red-lining," and redrafting from adversary counsel`s perspective. A research workshop is taught by a member of the library faculty. Students develop a portfolio of documents demonstrating their drafting skills, which serves as the basis of the course grade. Prerequisites: Legal Research and Writing and Moot Court I. |
601:535Litigating Drug and Alcohol Offenses (2) In the Comprehensive Drug Reform Act of 1987, the New Jersey State Legislature enacted a series of tough antidrug provisions that have brought about enormous changes in law enforcement and corrections. The legislature and judiciary also have joined forces in recent years to combat one of the chief instrumentalities of human catastrophe, the intoxicated driver. This course examines the profound social and legal effects of these changes through an analysis of litigation of offenses concerning distribution and possession of controlled substances and of driving while intoxicated (DWI). Considers issues including law enforcement tactics, search and seizure, plea bargaining and mandatory sentencing, victims` rights, and civil as well as criminal liability. The course includes occasional guest speakers and practical exercises. Ramsey |
601:661Local Government (2) Coercive and noncoercive legislative control over municipal corporations, sources and limits of municipal powers, municipal financing, debt limitations, function of special districts and authorities, historical and modern techniques of boundary adjustments, regional planning, governmental cooperation, and federal assistance for municipal programs. Buchsbaum |
601:529Medical Malpractice (2) Covers the medical litigation process, including expert witnesses, causation, damages, and defenses; and the law and policy of medical malpractice law reform, including legislative struggle(s) currently taking place nationwide. Examines the policy problems of balancing the rights of injured patients to be compensated versus the costs to the medical delivery system and the associated threat to the availability of medical care. Also considers the potential problems associated with liability of managed care organizations since the Pegram decision and as reflected in patient`s bills of rights. May include simulated medical malpractice litigation. Paul. Prerequisite: Health Law. |
601:508Mergers and Acquisitions (3) The law of corporate combinations, including both negotiated and hostile acquisitions of large public companies. Topics to be examined include the history and economics of acquisitions; duties of directors; antitakeover devices and statutes; and accounting, antitrust, contract, disclosure, financial, securities, strategic, and tax issues involved in acquisitions. Beckerman. Prerequisite: Business Organizations or permission of the instructor. |
601:701Moot Court Board-First Year (1) The Moot Court Board, composed of third-year students who previously served as teaching assistants of the first-year Research and Writing Program, is responsible for the organization and administration of the Moot Court Program for the first-year class. |
601:587Mutual Fund and Investment Company Regulation (2) Provides an overview of the federal securities laws as they apply to mutual funds. Focuses on the role and responsibilities of mutual fund directors, the policies underlying the Investment Company Act of 1940, and their impact on this important sector of the capital raising markets. Significant attention is given to the role of the Securities and Exchange Commission in registering and overseeing the investment company industry. Corsell. Prerequisite: Business Organizations. |
601:755National Latino Law Students Association Moot Court Team (P2) Each year, a team of three or four law students is selected by the Latino Moot Court adviser to participate in this competition. The problems for this moot court competition involve legal issues affecting the Latino community. Participants need not be of Latin descent. Recommended: A strong background in legal research and writing/moot court. |
601:704National Moot Court Team (P2) The National Moot Court Team is composed of two or three students selected by the faculty adviser, with the advice of the Hunter Advanced Moot Court Board, to participate in the National Moot Court Competition. Competitors must have participated in the Hunter Advanced Moot Court program. |
601:644New Jersey Administrative Law (2) Begins with an overview of New Jersey administrative law and is followed by study of administrative rulemaking authority, including New Jersey`s constitution, the Administrative Procedure Act (APA), and examples of regulatory statutes that empower agencies to promulgate rules. Explores the procedure for promulgation of administrative rules, principles for construction of administrative rules and principles governing challenges to such rules, litigation of administrative cases including requests for hearings, defense, fora for hearings, transmittal from agencies to the Office of Administrative Law (OAL), discovery, motion practice, conduct of hearings, orders, interlocutory appeals, initial decisions (IDs), exceptions to IDs, final decisions (FDs), and appeals from FDs to the Superior Court`s Appellate Division. Also considers the burden and standards of proof and standards governing evidence in administrative hearings and governing appeals and issues relating to exhaustion of administrative remedies, the opportunity for complaints in the Superior Court`s trial divisions (instead of administrative hearings), and the opportunity for petitions for rulemaking simultaneously with administrative or Superior Court litigation. Concludes with a review of recently enacted statutes, e.g. amending the APA, and seeks to identify trends in New Jersey administrative law. Tassini. Administrative Law is recommended but not a prerequisite. |
601:594New Jersey Practice (2) A survey of civil and criminal practice in both the New Jersey courts and the administrative agencies. The course is designed to prepare the student to practice effectively and confidently before the trial and appellate courts and the administrative agencies in New Jersey. Class attendance, preparation, and participation stressed and mandatory. Fols, King |
601:570New Jersey State Constitutional Law (2) Study of the history, text, and interpretation of the New Jersey Constitution, with particular emphasis on the 1947 version of the Constitution. The readings mainly consist of major cases of the New Jersey Supreme Court, which has been nationally recognized for its progressive role in articulating and enforcing individual rights under state constitutional precepts. Subjects include, inter alia, separation of powers, educational funding, affordable housing, death penalty, electoral redistricting, privacy rights, and free speech. Guest presentations made by attorneys who argued some of the key cases before the Supreme Court. There is an in-class final examination. Additionally, students may write a paper on a designated topic to count toward the law school`s writing requirements. Sabatino, Williams |
601:534Ocean and Coastal Law (3) Examines judicial and legislative responses to conflicts in uses of ocean and coastal resources. Topics to be addressed include law and policies defining public and private property rights in the shoreline and submerged lands, coastal zone management and protection under the federal Coastal Zone Management Act (CZMA), public shoreline access, coastal erosion, domestic and international law governing marine wildlife protection and pollution control, and the United Nations Convention on the Law of the Sea (UNCLOS). Abate |
601:525Partnership Taxation (3) Covers the federal income taxation of partnerships and their partners, limited liability companies (LLCs) that are taxed as partnerships, and S corporations that are taxed in a similar manner. Topics include the formation and structuring of partnerships, partnership operations and distributions, retiring partners, and the sale and the liquidation of partnerships. Designed for both "tax" and "nontax" students. Davies. Prerequisite: Introduction to Federal Income Taxation. Students who have taken Taxation of Business Entities (601:523) may not take this course. |
601:696Patent Law I (2) Designed for those intending to be patent lawyers and for others seeking a general knowledge of the subject. Covers the substantive areas of interface among patents, trade secrets, unfair competition, trademarks, and copyrights; the origin of the patent statute; what is a patentable invention and a valid patent; foreign patent rights; patent property and contract rights; federal tax aspects of patents; patent litigation, including procedures, remedies, and defenses; and antitrust and misuse considerations in litigation and licensing. Considers practical dealings with the individual inventor and corporate patent owner; how to exploit patents and trade secrets; whether and how to patent an invention; handling new product joint ventures; drafting and negotiating license agreements; and if, when, and how to sue. Licata, Reed |
601:522Patent Law II (2) Builds on and utilizes the basics of patent law covered in the first term (legal requirements for patentability, written description, enablement, novelty, nonobviousness, utility and statutory subject matter, and patent prosecution procedures and strategy). Students are introduced to transactional (licensing and strategic alliances), litigation, and opinion aspects of IP practice. Three writing projects include a patent license agreement, a legal research memorandum and argument section of a brief for a patent infringement case, and an opinion letter regarding patentability or validity. Writing projects are reviewed, discussed, and revised to final form for grading in lieu of an examination and to provide realistic IP writing samples and model documents. Licata, Reed. Prerequisite: Patent Law I. |
601:520Payment Systems (2 or 3) This capstone course for the commercial law curriculum examines bank collection of checks, electronic funds transfers, legal issues arising when payment is made by credit card, and the documentary transaction. Discussion focuses on integrating common law thinking-as found in the law of contract, tort, restitution, equity, and agency-with recent revisions to the Uniform Commercial Code, as well as recent federal legislation and regulations, to understand how complex transactional disputes are resolved. Hyland. Prerequisite: Commercial Paper. |
601:642Poverty Law (3) Surveys laws impacting on those with the least means, and the appropriateness and willingness of courts to confront such issues. Explores a historical overview of the factual realities of poverty in American society today, including the data, the categories of assistance, the experiences of poor people, and the rhetoric that dominates discussions about poverty; provides a historical overview that focuses on the legacies of racial and gender discrimination, and the specific antipoverty benefits programs that emerged in the 1930s, 1960s, and 1990s. Grapples with policy perspectives from the political right, middle, and left that fuel the never-ending debates about government`s role in addressing poverty.
Examines poverty law practice by exploring historical and contemporary challenges for poverty lawyers, including how to improve poverty lawyering and how to obtain judicial access for poor people. Analyzes constitutional issues including (1) restrictions on the Legal Services, Corp. and the funding of public interest lawyering with lawyer escrow accounts, (2) due process issues such as restrictions on benefits (food stamps, workers compensation medical benefits, public assistance), (3) equal protection (SSI to aliens, welfare and the right to travel, school choice, medicare conditioned on state work rules, housing), and (4) tenth amendment effects on federal welfare restrictions. Integrates theory and practice in the context of welfare reform with a particular focus on the family (e.g., reductions of AFDC grants to second and third children) and the fight for work (e.g., paying minimum wages to the homeless and working welfare recipients). |
601:597Pretrial Advocacy (2) Problem-oriented. Reviews the law and skills essential to pretrial advocacy through drafting exercises, simulations, and reading assignments. Topics include client interviewing; drafting of pleadings, motions, briefs, and discovery; depositions; pretrial conferences; summary judgment; and settlement negotiations and agreements. Staff |
601:628Problems in Civil Liberties Law (2) A study of First Amendment law and related constitutional doctrine utilizing recent trial and appellate decisions as moot court- type problem cases. Covers clear and present danger doctrine, commercial speech, public forum law, defamation, obscenity, prior restraints, and governmental speech. Students write a brief and present an oral argument. Afran, Corrado |
601:539 Problems in Corporate Disclosure and Securites Fraud (2) Explores the investigation and prosecution of corporate disclosure violations by the Securities Exchange Commission, primarily under the Securities Exchange Act of 1934. Financial and non-financial fraud, emphasis on the role of accountants and other professionals in complying with SEC regulations, including auditor independence and audit committee rules. Carroll. No accounting background required. |
601:607Products Liability (2 or 3) A study of the theories and scope of liability arising from the distribution of defective products. Focuses on theories of manufacturer`s liability, the concept of defectiveness, and defenses based on plaintiff`s conduct. Also may include study of causation and problems of proof remedies. Galpern |
601:667Professional Responsibility (2 or 3) Explores the legal constraints and ethical considerations confronting the legal profession. Analyzes the role(s) of the lawyer and the sometimes competing obligations of the lawyer to the client, society, the court, and self. Specific problems examined include lawyer regulation, advertising and solicitation, confidentiality, conflicts of interest, and the adversary system of justice. Donio, Dubin, Goldfarb, Kushner, Sabatino, Sheffield, Stein, Tarver. This course is a graduation requirement for all students. |
601:681The Public Corporation (3) Builds upon financial and legal concepts introduced in Business Organizations, applying them primarily to public corporations (those companies whose shares are held by sufficient numbers of shareholders to permit public trading in the secondary markets such as the New York Stock Exchange and the over-the-counter NASDAQ system). Particular attention is paid to mergers and acquisitions, debtholders` rights, and valuation concepts used by managers, lawyers, and judges. No previous experience with corporate finance is necessary. Ryan. Prerequisite: Business Organizations. |
601:668Real Estate Transactions and Conveyancing (3 or 4) Basic course in conveyancing and transactional analysis of interests in real estate. Topics include real estate brokers and the sales transaction; land titles and description; defects in title; options, contracts, and deeds; mortgages and other liens on real estate; mortgage default and foreclosure; the operation of the recording system, including title assurance and title insurance; warranties involved in the land sale transaction; and the real estate settlement procedure. Review of equity jurisdiction; damages; specific performance; and other remedies of the buyer, seller, and mortgagee. Emphasis on a model real estate closing. Washburn |
601:636Regulation of Land Use (3) An analysis of both public (governmental) and private controls on the use of land. Examination of the limits of the police power to effect regulation of private property rights; various public controls, including planning and the master plan; the official map; enabling authority to zone; substantive standards of the zoning ordinance; flexibility in zoning (amendment, variance, special exception); nonconforming uses; exclusionary zoning and growth controls; contract zoning; cluster zoning and planned unit developments; consent ordinances; substantive standards of the subdivision and site plan ordinances; requirements for subdivision improvements, dedication of land, and payments in lieu of dedication. Study of private land use techniques, such as covenants, deed restrictions, declarations, and easements. A brief review of transfer of development rights; open area and flood plain regulation; coastal zoning; new towns; and regional, state, and national planning. Washburn |
601:684Religion and the Law (3) An inquiry into the interplay of religion and government. Course focuses on the Free Exercise and Establishment Clauses of the First Amendment to the Constitution. Among other topics on the agenda are nonconstitutional aspects of the law`s treatment of religion (including questions of taxation, zoning, and corporate identity) and a "mirror image" look at how various religious traditions define the role of secular authority. Dane |
601:612Remedies (2 or 3) Course deals primarily with restitution, both as an independent source of substantive obligations (on a par with contract and tort) and as an alternative remedy for tort, breach of contract, and statutory violations. Restitutionary remedies at law and in equity are considered, allowing for comparisons to be made between restitution and damages and restitution and specific performance. Students interested in remedies also are recommended to take Equity. Hyland |
601:632Sales (3) Course builds on the study of sales law in Contracts and Commercial Law: An Introduction to the Universal Commercial Code (UCC); provides an in-depth look at Article 2 of the UCC (Sales), including formation, warranties, risk of loss, breach, and remedies. Examines fundamental aspects of the documentary transaction-the means by which merchants buy and sell goods around the world. May also cover the Convention on the International Sale of Goods (CISG), the law increasingly governing international sales transactions. Students are given practical training in methods of statutory interpretation-how to read statutory language, and how to use statutes in planning and litigation contexts. Hyland, Korobkin, McDonald. Prerequisite: Commercial Law: An Introduction to the Universal Commercial Code or permission of instructor. |
601:690Secured Transactions (3) Explores Article 9 of the Uniform Commercial Code and its impact on personal property financing in the United States. Also considers relevant parts of Articles 3, 7, and 8, as well as parts of the Bankruptcy Act. Emphasizes the role of the lawyer in the planning and drafting of transactions and the reading of statutes. Hyland, Korobkin, Patterson, Taylor. Prerequisite: Commercial Law: An Introduction to the Universal Commercial Code or permission of instructor. |
601:617Securities Regulation (2 or 3) Surveys regulation of initial distribution of securities by issuers and secondary distribution under the Securities Act of 1933 and the State Blue Sky Laws. Examines securities fraud actions under the 1933 Act; broker-dealer and market regulation under the Securities Exchange Act of 1934; and the Investment Advisors Act of 1940. Beckerman, Cole, Dennis. Pre- or corequisite: Business Organizations or permission of instructor. |
601:707,708Senior Research (1 or 2) Individual research under the guidance of a faculty member on a topic approved by the faculty committee on petitions. Students are encouraged to develop specific interests in detail through senior research. Students register for Senior Research for the upcoming term at the same time that they register for other courses and seminars, but they must submit to the committee a written description of the topic for advance approval before the registration process begins. Freedman |
601:624Sex Discrimination and the LawExamines the law as a cause of and as a remedy for sex discrimination. Considers problems of sex discrimination in historical, economic, sociological, and political contexts. Topics include constitutional law; reproduction and sexuality; employment, family and property law; and criminal law. Considers litigation and legislation as tools for the elimination of sex discrimination, with emphasis on lawyering skills and strategic concerns.
Freedman |
601:608Small Business Counseling (3) Focuses on representing the small business client, especially the new business. Has a clinical component and a simulation component. Under the supervision of the instructor, students advise clients of the Rutgers` School of Business Small Business Development Center. The advising includes an initial interview, research as necessary, drafting, and counseling. A team of two students interviews each client, consults with the instructor, counsels the client, and drafts appropriate documents. Students also engage in simulations typical of the attorney for the small business, such as evaluating and implementing the form of organization, participating in the development of a business plan, and drafting agreements. Both components provide opportunities for reflection on business lawyering, including issues of legal, business, and personal ethics; the social function of the business lawyer; and lawyer-client relations.
In addition to the clinical work, the course involves extensive simulation of activities typical in the representation of the small business client. Simulations guarantee a base of experience and support the clinical work by providing a laboratory for improving skills and for problem solving. Issues covered in the simulations include the selection of an organizational form, formalities necessary for the creation of the form selected, partnership and shareholder agreements, basic tax issues, commercial leases, director and officer liability, intellectual property issues, insurance, status of employees, attorney conflicts of interest, and formalizing the attorney-client relationship. Other issues-such as franchise agreements, commercial financing, and government contracting-may be addressed, depending on the scope of the clinical experience. Skills covered include interviewing, fact gathering, use of experts, counseling on legal and business issues, problem solving, planning, and drafting.
Both the clinical work and the simulations provide starting points for discussions of broader lawyering issues. At the beginning of the term, a set of such issues is defined for the class, and discussion returns to them at appropriate points. As the course description indicates, issues include legal, business, and personal ethics; the social function of the business lawyer; and lawyer-client relations. The instructor provides readings as background material for the discussions. Attorneys and experts from other fields (e.g., business school faculty, insurance agents, accountants) participate in the class at appropriate points. Kothare. Prerequisite: Business Organizations. Note: Contrary to prior published policy, students may take this course and Business Planning. This course meets in a two-hour block once a week. Students in the course also must be available at times other than the scheduled class hours to meet with clients, classmates, and the instructor. Many meetings typically are scheduled in the late afternoon or early evening, but students need to be flexible to accommodate the schedules of their clients and the instructor. Students who do not have this flexibility in their schedules should not register for the course. |
601:549Social Security Law (3) Covers issues of entitlement and benefit calculation arising out of the set of programs popularly referred to as Social Security. Presented online by Professor Peter Martin of Cornell Law School as a distance-learning offering. All instruction, including course discussions, takes place via the Internet and all course materials are on the web. Background and introductory material, points about the readings, problems, and the opening portion of class discussion are presented using web-linked streaming audio. Web-based tutorials and exercises provide a regular means for each student to gauge the level of his or her understanding of each topic in preparation for class discussion. Several short writing assignments and problem-solving assignments are submitted via the Internet for teacher evaluation and feedback, followed by class discussion.
The final exam is in take-home format. Students enrolled in the course at Rutgers-Camden should expect to attend one or more live meetings on campus to be briefed on the logistics of the course and to deal with any technical or administrative issues. Martin |
601:537Social Welfare Law and Policy (3) An exploration of the legal and policy issues that commonly arise in connection with the administration of American welfare state institutions. Focuses mainly on means-tested (e.g., Temporary Assistance for Needy Families) and non-means-tested (e.g., Social Security) income transfer programs, but attention is also given to government financed insurance programs (e.g., Medicare and Medicaid), employer mandates (e.g., The Family and Medical Leave Act) and the direct provision of services by governments (e.g., Public Education). Some comparative study of Canadian and European institutions is included. Harvey |
601:698Sports and the Law (2) An overview of the sports world and its multifaceted, intricate relationship with the law. Students examine many of the varied legal issues governing the NCAA and major professional sports leagues and analyze the collective bargaining agreements that control team sports. Additionally, the role of the sports attorney/agent and representation of the athlete are examined in depth. A realistic overview of the intellectual, ethical, and practical issues confronting sports attorneys and of the workings of the sports world. Colton. Recommended: Labor Law and Professional Responsibility. |
601:589State and Local Taxation (2) Examines the essential structures of state and local taxation (such as business taxes, ad valorem property taxes, personal income taxes, and categories of exemption), with a particular emphasis on the impact of the due process and commerce clauses of the U.S. Constitution upon the states` attempts to expand the array and the jurisdictional reach of their taxes. New Jersey`s tax system is used as a model for study, introducing issues from other states when appropriate. Prerequisite: Introduction to Federal Income Taxation. |
601:600State Constitutional Law (3) Interpretations of state constitutions, as well as their relationship to the federal constitution, with emphasis on the increased importance of state bills of rights as providing guarantees in addition to, and different from, federal guarantees of individual rights. Separation of power issues, and the exclusive powers of each branch. Survey of areas of state constitutional law, such as state and local tax and exemptions, local government, public education, debt limits and limits on expenditure of public funds, and eminent domain. The process and techniques of amending and revising state constitutions. Williams |
601:637The Statement of Facts (2 or 3) Provides students an opportunity to develop vision and voice in their writing. A portion of the course is devoted to a meticulous examination of examples of descriptive prose in contemporary American letters. Enrolled students must read the several short works involved before the semester begins. The remainder of the class is devoted to discussing the students` own brief writing experiments, many in the form of classical writing exercises. This is not a remedial course for students who have difficulty with their prose. On the contrary, since the course involves both a significant time commitment and the open discussion of each student`s writing, it is recommended only for those who have had some training and success in writing and who are dedicated to writing as a profession. Hyland. Students will be admitted to the course only after attending a short introductory meeting (time and place to be announced) and submitting a page of original prose. |
601:623Statutory Interpretation and Legislation (2 or 3) Study of legislation as a policymaking instrument in the American legal system, with emphasis on working with the statutes as well as examining the process of policy development leading to legislation. Consideration given to state and federal legislative organization and procedure; legislative investigations; the structure and form of statutes; limitations of, and requirements for, the exercise of legislative power; the process of codification; and the various means of making laws effective. Statutory interpretation considered at some length. Maltz, Ryan, Williams |
601:797Summer Externship Program (P6) Qualified students who have completed their second year of law school and who are approved by supervising agencies will earn 6 credits for work in selected civil and criminal agencies during the summer. (No judicial chambers will be available in the summer program.) Students will complete 336 hours of work at the agency on a schedule suitable to their needs. Students also participate in class meetings approximately once every two weeks and submit reports and journals relating to their experience to the director. Katz. Prerequisites: Professional Responsibility; Evidence (for any student who will be appearing in court on behalf of a client); and Criminal Procedure: The Adjudication Process or Criminal Procedure: The Investigatory Process (for any student as a prosecutor or public defender). |
601:523Taxation of Business Entities (3) Provides an alternative to the more technical study of Corporate Taxation and Partnership Taxation. Designed for students who do foresee a general, family-oriented practice that may involve planning for family or other closely held businesses. Primary focus is on making the basic choices among the available legal entities: regular taxable corporations, S corporations, general partnerships, limited partnerships, limited liability companies, and limited liability partnerships. Davies. Prerequisite. Introduction to Federal Income Taxation. Students who have taken Taxation of Business Organizations (601: 638) may not take this course. |
601:638Taxation of Business Organizations (4) Covers the fundamentals of the federal income taxation of business organizations: taxable corporations, S corporations, partnerships, and limited liability companies. The focus particularly is on the comparative tax advantages and disadvantages of these entities that are important in selecting the most appropriate form for structuring various types of businesses. Davies. Prerequisite: Introduction to Federal Income Taxation. |
601:751Teaching Assistant (2) Students earn 2 credits in the fall term as teaching assistants of the first-year Legal Research and Writing Program. |
601:547Terrorism and the Laws of War (3) An analysis of the international legal norms governing the initiation of war, the conduct of war, and the fight against terrorism, as well as the interaction of these rules with the U.S. constitutional framework. Among the topics discussed are international treaties addressing the right to use force, the definition of self-defense, humanitarian intervention, international and domestic laws governing the conduct of war, the treatment of prisoners of war and other detainees, international treaties and Security Council resolutions addressing terrorism, war powers under the U.S. Constitution, and domestic civil liberties during time of war. Stephens |
601:651Trial Advocacy (2) Instruction in trial advocacy skills using demonstrations by experienced lawyers and participation by members of the course in the trial of simulated cases, with emphasis on civil litigation. Topics include discovery, pretrial conference technique, and examination and cross-examination of witnesses at trial. Staff. Open to second-term, second-year students, and all third-year students who have completed the prerequisite course in Evidence. |
601:792Vis International Commercial Arbitration Moot Team (2) Four students selected from International Sales in the fall enroll in the Vis International Commercial Arbitration Moot Team and represent Rutgers-Camden at the Willem Vis International Commercial Arbitration Moot Competition in Vienna, Austria. The team completes a brief for the competition, practices oral argument, and travels to Vienna to compete. Students from the fall class in International Sales who so desire may, at their own expense, join the oral advocacy team in Vienna, where, as nonarguing members of the team, they may assist with strategy and attend the team`s arguments and all social events with students from around the world. The Willem Vis International Commercial Arbitration Moot Competition is one of the most prestigious, rewarding, well-run, and interesting competitions available to law students. Approxi-mately 80 law schools from 30 countries typically compete, and more than 200 scholar and practitioner experts in international commercial law serve as arbitrators. The competition takes place entirely in English. Latham. Prerequisite: International Sales, taken in the fall term, and permission of team advisers. |
601:744,745Wagner (Labor Law) Moot Court Team (N1,P2) Each year, three to five students are selected by the Wagner (Labor Law) Moot Court adviser to participate in the Wagner (Labor Law) Moot Court Competition. Team members write an appellate court brief and participate in oral argument rounds on a labor/employment law problem developed by the competition sponsors. Recommended: A strong labor law background. Students must complete both terms to be awarded 1 credit for each of the two terms of participation. |
601:618Women and the Law in 20th Century America (3) Enfranchised and empowered, American women have become formidable legal actors during the course of the past century. Women have won the right to vote and the opportunity to serve in the armed forces, exerted unprecedented control over their childbearing capacity, and succeeded in virtually every professional occupation and field of endeavor. Yet even today, gender remains a robust variety of discrimination, and women have achieved neither economic nor political parity with men. This course seeks insight into the current status of women by exploring the changes in women`s legal status and political and economic participation from the 19th century through the present. It analyzes the categories that have divided women and brought them together, including race, class, religion, sexual orientation, ethnicity, and geography. Topics include the legal regulation of women`s work, the development of women`s rights as citizens, the challenges faced by female lawyers, judges, and elected officials, the prosecution of crime against women and the treatment of female offenders, the impact of changing family structures on women`s lives, and the role of legal reform in movements for social change. Hillman |
601:674Workers' Compensation (2) Considers the statutory, judicial, and administrative aspects of the system of compensation for physical and emotional injuries related to employment. The course focuses on the comparison of the workers` compensation principle with remedies apart from workers` compensation, the definition of employment relationship and injury for workers` compensation purposes, the benefits structure, the exclusivity of the remedy, and third-party suits. Hickey |
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