 |
Second- and Third-Year Courses 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. Oberdiek, 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. 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. |
601:611Advanced 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.Capasso, Hamilton, R.A. Robbins, Shore. 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. |
601:754, 743Advanced International Sales and Commercial Arbitration I, II (2, 1) Fall Term: 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 Term: 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. Two credits, fall term; 1 credit, spring term. Prerequisite: International Sales, Vis International Commercial Arbitration, International Commercial Arbitration Moot Court, and permission of the instructor. |
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/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. |
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. |
601:591Alternative 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. Burgess, Fox, Gavin, Goldberg, Orr, Viniar |
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, Connolly. Previous study of economics is not a prerequisite. |
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.
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. Cooper, Korobkin, McDonald, 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. |
601:562Bioethics, Babies, and Baby Making (3)Explores legal, moral, and ethical issues raised in the context of reproduction and reproductive
technologies. Covers various theories underlying bioethical discourse, including feminist theories
of bioethics, and selected laws and policies that govern the use of reproductive technologies and
the regulation of pregnancy and parenting. Topics explored include assisted reproduction and in
vitro fertilization, maternal-fetal conflicts, abortion, sex selection, genetic screening, embryo
experimentation, stem cell research, and surrogate mothering.Mutcherson |
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 and LLC 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 Taxation 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 |
601:601Canon Law (2)Provides students with an introductory overview of Canon Law, a body of law which drew from
ancient Roman Law and influenced the development of European Civil Law. Canon Law governs
not only the internal relations of the clerical hierarchy, but many aspects of the religious and
family lives of Roman Catholic issues such as marriage and annulment. Offers students of
any background an illuminating perspective on an influential legal system different from the U.S.
common law system, and provides students with an introduction to aspects of canon law that are
of practical use, such as provisions relating to church/state relations and annulment.Mesure |
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. Focuses on the history of legalized gaming activities, the
licensing process, and the regulation of the gaming industry. The
current and future trends of gaming, including the expansion of gaming
internationally and on the Internet are also discussed.
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. Prerequisite: Family Law, Domestic Violence Law, or permission of the instructor. |
601:545Child Custody, Care, and Supervision (2)A study of state and federal law and procedure and its application to custody; care and
supervision of children; the effects of divorce; separation; drug and alcohol dependency; and
domestic violence on these children. Includes the aspects of trial preparation, child interviews,
psychological and other evaluations, and the representation of these parents and their children
through the various stages of these proceedings.Testa |
601:532Civil Liberties and the Constitution (3)An exploration of the law of civil liberties under the Constitution and its application to
contemporary civil liberties questions including protest, political speech and free association,
artistic and creative freedom, detention of terrorist suspects, the "right-to-die" cases, Internet
speech, developments in the death penalty, abortion and human sexuality, and secular and religious
rights under the First Amendment. Both contemporary issues and traditional constitutional
doctrine underlying civil liberties in the American legal system are examined. Critical historic
cases are discussed including the Japanese internments, 20th-century sedition prosecutions, the
gay rights cases, slavery and equal protection, the obscenity cases, evolution, and school prayer.Afran |
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.Gottesman, Overton. Prerequisites: Completion of 56 course 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 accommodate court appearances and to meet with clients, classmates, and instructors. |
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. McDonald, Patterson, Ryan, Sablove. Exclusion: Students who have previously taken Sales or Secured Transactions may not take this course. |
601:503Comparative Law (3)Examines and compares different areas of law and differences between legal systems, with the
goal of preparing students for international practice. Efforts are made to include third world as
well as Western legal systems. Among the issues to be investigated are differences between
common and civil law systems; the varying roles of judges, juries, and prosecutors; differing
approaches to statutory interpretation; and the effect of colonial history, as in the cases of India
and Israel, on the structure of legal systems. Although all materials are in English, there may be
an opportunity for students proficient in foreign languages to do research in foreign language
materials.Livingston. Paper in lieu of final examination at discretion of instructor. |
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, Simon |
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. Maltz |
601:747Constitutional Law: War, Terrorism, and Civil Liberties (2)
Considers the constitutional and extraconstitutional dimensions of the effects of terrorism on
rights and liberties. Proceeds from the vantage perspective of a fundamental juridical dichotomy,
that between citizens and noncitizens (aliens). Considers, from the point of view of the conventional
distinction between citizen and alien, the rights properly afforded a variety
of noncitizens, including but not limited to cross-border aliens, enemy noncombatants, and
enemy combatants.
One way to see the distinction between citizen and alien is against the expanding
constitutional meaning of "war" and "theater of war" to accommodate the war on terror. After
all, the citizen/alien question is interesting precisely because war is no longer bound to a defined
territory and so it is within this context that the citizen/alien distinction has become increasingly
obscured. It is within this context that individual rights and liberties should be studied.
In the category of citizen, the degree to which citizenship entitles a
subject to greater protections in virtue of that status is examined.
Relying upon both primary and secondary sources,
questions of privacy and liberty in the age of terrorism are examined with a domestic focus. In addition, legislation such
as the Patriot Act and other legislation designed to increase domestic surveillance of citizens and
noncitizens alike, as well as many of the current cases on point, are considered.
Patterson |
601:571Consumer Law (3)
The increased reliance on credit in all aspects of the American economy has placed individual
consumers at the mercy of the banks. This course examines federal legislation designed to
mitigate the consequences of this inequality of bargaining power. Also reviewed are limits on the
price of credit and the role of credit insurance. This course concludes with a discussion of how to
prevent coercive collection tactics and of remedies available to the consumer.Hyland |
601:524Corporation Taxation (2 or 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 acquisitions
(M&A) transactions. Designed for both "tax" and "nontax" students.Davies, S. Singer. 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 enrollment 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 (3) 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. Braithwaite |
601:711Critical Race Theory (3)Introduces Critical Race Theory (CRT) and the central texts of the CRT
movement. CRT is a
jurisprudential movement that emerged out of Critical Legal Studies
(CLS) in the 1970s and
developed amid the American backlash against remedial racial justice.
CRT engages in
contemporary legal debates by challenging the traditional liberal ideal
of a color-blind approach
to social justice and considers new strategies for pursuing racial
equality in the post-civil rights
movement society. CRT centralizes the stories of people of color in the
interpretation of law and
legal narrative and explores new and interdisciplinary modes of legal
scholarship and
argumentation. Central works in the CRT tradition from
African-American, Latino,
Asian-American, and Native American perspectives are read and analyzed.
The emerging subfield of Critical Race Feminism is also considered.Perry |
601:572Cuban Legal System (2)Cuba has undergone two major transitions since 1959. In the first
two decades, the government
dismantled the former economic system and created a socialist system,
but since 1990 and the dissolution of the former Soviet Union,
Cuba has been forced to adjust to a radically new international
context. Internal reforms have converted the centralized economic
model patterned
after that of the former Soviet bloc to one that maintains national
government control of macroeconomic policy while introducing
decentralized decision making and management at the micro
or enterprise level. In addition, in 1995, the government adopted a new
foreign investment law
permitting foreign interests to enter key areas of the economy. These
measures and others have
been accompanied by many legal reforms, some related to the
introduction of market
mechanisms and international trade and others related to a process of
modernization of the courts
and basic codes.
The contemporary Cuban legal system is examined with a primary focus on
the reforms and transformations that have taken place since 1990. In
addition, the civil law system is introduced, because Cuban law is
rooted in Spanish law and thus a comparative analysis of the Cuban
legal philosophy and practice is required.
Evenson |
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. Lastowka, Wilf |
601:515Death Penalty Litigation (2)Comprehensive inquiry into the intricacies of death penalty litigation, focusing initially on New
Jersey law. In addition to analysis of constitutional and statutory foundations of capital
punishment, practical instruction is afforded on trial and appellate issues associated with capital
cases. Guest speakers include lawyers who have prosecuted and defended death cases in New
Jersey. Initially focuses on New Jersey law concerning the death penalty and then goes on to
explore when and how the ultimate sanction is sought in other jurisdictions, under federal,
military, and foreign law.Ramsey |
601:566Debate on Same-Sex Marriage (3)Examines the current constitutional, legal, and moral debate on same-sex marriage in the United
States. Explores in detail the recent case law and statutory materials on the subject, as well as
scholarly analysis and argument on both sides of the debate. Also considers background
materials on the history of marriage and various ancillary topics, including the question of
interstate recognition and the puzzling nature of quasi-marital institutions such as civil union.
Uses the debate over same-sex marriage as a prism through which to discuss important questions
regarding sexuality and the law, gender and family, constitutional liberty and equality, the
judicial role, federalism, the differences between state and federal constitutional law, the
interaction of religious and secular normative categories, and the dynamics of trying to amend
constitutional texts.Dane |
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, Oren |
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. Prerequisite: Decedents' Estates and Trusts I; recommended for students who intend to practice in the field of estate planning. |
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 nonlawyers, 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).Chase-Walters, R.A. Robbins. Prerequisites: Completion of 56 course credits and the courses in Evidence and Professional Responsibility. Recommended: A domestic violence course or a previous courthouse rotation through the Domestic Violence Project. If the student has not done one of these recommended activities, they must participate in that term's Domestic Violence Project training. 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 term), meet with clients, classmates, and the supervising clinical attorney. Hearings typically take place in the mornings Monday-Thursday and more frequently Monday-Wednesday. Students should thus have flexibility in their morning schedules. |
601:688Domestic Violence Law (3) 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? The problem of domestic violence in social,
historical, and economic context is examined, 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. Freedman. 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 Pro Bono Domestic Violence Project, Domestic Violence Practice and Procedure, the Domestic Violence Clinic, and the course on Child Abuse and Neglect. |
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).Mullan, R.A. 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. |
601:787,788Douglass 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. |
601:540Drug and Device Law (2)Examines the law and procedures for obtaining FDA approval for new drugs and devices. Focus
is on the U.S. statutes and regulations, but the interplay and effects of foreign laws and regulatory
processes are discussed and contrasted. The applicable federal laws, regulations, and FDA
policies and procedures are explored in depth. Ethical issues surrounding the drug and device
approval process are also discussed. The role of the Institutional Review Board which reviews all
protocols and consents for research involving human subjects is also considered.Licata |
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. Donio, 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 laws,
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 |
601:517Electronic Discovery (2)Examines this relatively new and rapidly evolving area of litigation in
the state and federal courts
throughout the United States. Considers the practical and theoretical
problems presented by electronic discovery, including (1) what is
electronic discovery; (2) how to conduct electronic discovery; (3) how
to counsel clients about electronic discovery; and (4) how to litigate
issues
involving electronic discovery.Orlofsky |
601:546Employee Benefits Law (2)Surveys the federal regulation of employment compensation and benefits, with emphasis on
pension and health care plans, under the Employee Retirement Income Security Act (ERISA).
Begins with an exploration of the line where the common law governing employment
compensation leaves off and its regulation under ERISA begins, and then turns to the related
subject of ERISA's broad preemption clause and the Supreme Court cases interpreting it. An
overview of ERISA's main types of benefits plans and how they function follows.
Focus is on the statutory and judicially created doctrines, rules, and procedural
mechanisms for the enforcement of expectation interests in plan benefits, in particular those
governing benefit claims, fiduciary obligations, and ERISA's prohibition on discrimination in
employment. Timely examples, like the recent Enron pension fiasco and problem of regulating
health maintenance organizations (HMO), are highlighted.
Time permitting, treatment is also given to various topical subjects that often arise in the
civil enforcement of ERISA, including the problem of remedies, the application of the Seventh
Amendment's right to a jury trial, the scope of federal court jurisdiction, and the relationship
between ERISA and other labor employment laws (especially the Age Discrimination in
Employment Act).
Wiener |
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. Harvey, Maltz, Trachtenburg |
601:670Employment Discrimination Law: Practice and Procedure (2)A study of the practical considerations in litigating the employment discrimination case, from
filing the administrative charge to bringing the case to trial. Emphasis on developing a case
theory, drafting and answering the charge and complaint, devising a discovery plan with an eye
toward summary judgment, filing motions in limine, and positioning the case for mutually
satisfactory settlement. Other topics covered may include client screening and counseling
practices, witness interviewing techniques, choice of remedies, and jury dynamics.Pierce, Thomas. Past or concurrent enrollment in employment discrimination law course is recommended. |
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. |
601:526Environmental Law and Business (3)Addresses the multiple ways in which environmental laws intersect with and govern business
practices. Topics addressed include environmental audits; reporting of releases; environmental
statutes restricting the transfer of hazardous waste sites; environmental liability of lenders,
trustees, contractors, real estate brokers, corporate successors, and dissolved corporations;
environmental insurance; and "takings" issues related to environmental regulation. Examines
environmental federalism and citizen enforcement of environmental laws, and focuses on how
federal and state environmental agencies, the regulated community, and environmental groups
interact in addressing environmental management standards for business practices. Explores both
the theoretical and practical aspects of the topics covered through a mix of lecture/discussion and
skills-based exercises and simulations addressing scenarios in the litigation, negotiation, and
client counseling contexts.Abate |
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. |
601:629Estate Planning and Drafting (3)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.Diab. Prerequisite: Decedents' Estates and Trusts I. |
601:691Evidence (3 or 4) 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, Ferzan, Gavin, Sabatino, Shashoua |
601:521Evidence II (2 or 3) 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. Gavin, Mellon. 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. |
601:795Externship Program (P3) 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. Katz. 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). |
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. Litman, Stein |
601:596First Amendment 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. Corrado |
601:577Food and Drug Law (2) Considers selected issues in the federal regulation of food and drugs
under the Federal Food, Drug, and Cosmetic Act. Issues relating to the
development and implementation of regulatory policies, as well as such
topics as food labeling regulations and enforcement powers, are
included.
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 |
601:602Freedom of Expression in the 21st Century (3)Explores selected topics in the law of free speech, press, and association, with particular
reference to contemporary issues such as political demonstrations, access to the media, campaign
financing and other aspects of the political process, restrictions on expression attached to
government funding and employment, access by the press and others to information, and
journalists privilege to protect confidential sources.Rosenblatt. Prerequisite: Constitutional Law. |
601:518Fundamental Analysis of Financial Instruments (3)Introduces students to basic concepts in finance. The first part of the course considers basic
models in finance (net present value, capital asset pricing model, asset pricing theory, and
interest rates forecasting) as applied and used in evaluation of more complex financial models.
Legal cases are used to explain the court's interpretation of these models. The second part of the
course, based on models taught in the first part, focuses on analysis of derivative instruments,
how to use them in different economic situations, and the benefits/consequences of helping
clients set up contracts employing them when investing or conducting business, both locally and
globally. The instruments are analyzed from two separate points of view: speculative and
hedging. Tools and basic models that help in understanding the appropriate usage of different
derivatives in different situations are also introduced and examined. The Black Scholes Option
Pricing model is explained and analyzed. Cases are used to analyze actual situations and explore
different possible solutions using derivatives, determining the best choice for the particular risk
exposure in the case.Samuel. No prior knowledge of financial instruments required. Working knowledge of Microsoft Excel is helpful. |
601:790Gibbons Criminal Procedure Moot Court Team (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. |
601:514Health Care Transactions (3)Introduces students to a transactional practice in the health care sector. Combines, in a series of
simulations, a study of case law, statutes, and regulations applicable to the types of transactions
studied, and the practical means of accomplishing those transactions. Students engage in real
world exercises that involve drafting and provision of legal advice and draw on substantive
doctrinal issues. Students are exposed to such substantive areas as facility and professional
licensure, health care fraud, tax, antitrust, reimbursement, bans on corporate practice of
medicine, and privacy requirements, as well as general corporate and contract issues. Students
are also exposed to various parts of a transaction, including the manner in which the deal is
structured; drafting of fundamental documents like governing bylaws, operating agreements, and
operational policies; and the creation of important operational agreements like management
contracts, employment contracts with key medical personnel, arrangements with vendors, and
agreements relating to clinical research.Frankford, Swartz. Prerequisites: Business Organizations and Health Law or comparable courses or relevant experience upon instructor's permission. Because there is flexibility on the prerequisites, interested students should contact instructors. |
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. 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 United States 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 |
601:625Housing 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 Hunter Moot Court I (P1)
Hunter Moot Court I is an advanced course in appellate advocacy in which students prepare
an appellate brief in two-person teams. Among the topics addressed in the course are
standard of review, advanced research strategy, selection and use of authority, drafting questions
presented and point headings, advanced citation, editing, and oral argument preparation and
delivery. On the basis of performance in this course, teams are selected to participate in the
Hunter Moot Court II competition in the spring. Abate, Shore |
601:703Hunter Moot Court II (P1)Hunter Moot Court II is available only to those teams selected to participate on the basis of
the Hunter Moot Court I brief or through the walk-on competition available to Hunter Moot
Court I teams. All teams selected to participate have the opportunity to receive feedback in
a practice argument session before the competition begins. The winning team in Hunter Moot
Court II is invited to represent Rutgers in the following academic year at the National Moot
Court Competition.Abate, Shore. Prerequisite: Hunter Moot Court I. |
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 Law (4)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 |
601:563Immigration Law Practice and Procedure (2)Covers the primary
areas that immigration lawyers encounter: family law, including
marriage cases, Violence against Women Act, and fraudulent documents; removal; political asylum
and withholding of
deportation; naturalization; business visas; and criminal law in the
immigration context. Simulations and writing assignments include:
preparing a 601 waiver application packet
and memorandum; writing a memorandum of law in a labor certification
case; in a removal case,
preparing trial memorandum or notice of appeal and conducting a hearing
before an immigration judge; preparing a supporting packet to present
to an immigration examiner in an asylum case,
including applicant's affidavit and background information on the
applicant's country.Wood. Prerequisite: Immigration Law. |
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.Feinman |
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, Goodman, 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 (3) When disputes arise in international commerce, arbitration is often the method of choice for
resolving the matter. Not only is arbitration usually quicker and more economical, it also presents
a significant advantage over litigation by virtue of the New York Convention; arbitral awards
can be enforced abroad more easily than domestic court judgments. This course examines the
intricate web of norms that governs agreements to arbitrate and the enforcement of arbitral
awards. Another focus is on choice of law questions in international transactions. Special
attention is given to the large number of decisions by the U.S. Supreme Court in these matters. Hyland |
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 |
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. |
601:715,716International 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. |
601:547International Law: War and Terrorism (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 |
601:579International Litigation (2)Examines litigation in U.S. courts involving foreign parties, evidence,
or law as well as
taking of evidence and enforcement of U.S. judgments abroad. Issues
explored include service of
process, jurisdiction, forum non conveniens, parallel proceedings,
anti-suit injunctions, taking of
evidence abroad and in the United States for use in foreign proceedings,
sovereign immunity, choice of
law, alien torts, enforcement of U.S. judgments abroad and foreign
judgments in the United States. Also considers these issues under European
and English laws.Cohen |
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. Stephens |
601:664International Sales (2)
Compares the Vienna Convention on Contracts for the International Sale of Goods (CISG) with
Article 2 of the Uniform Commercial Code. Examines the history of the international unification
of private law and provides an introduction to the study of comparative law, particularly with the
sales laws of civil law countries. Hyland. Prerequisite: Commercial Law: Introduction to the U.C.C. or Sales. |
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, Shore |
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, Stewart. 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? and (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.Adler, Stephens |
601:643Introduction to Methods of Analysis (3)An introductory survey of formal analytical tools that have become vital for lawyers in the 21st
century, this course is designed specifically for students without
training in basic business
administration or the social sciences. Topics include decision
analysis, game theory, accounting, finance, microeconomics, and
statistical analysis. These concepts are sufficiently
independent of each other that grading is based on testing at short
intervals rather than a
cumulative final exam or paper.Ryan. This course is not a prerequisite for any upper-level course or seminar. Nonetheless, familiarity with its subject matter will support subsequent studies within the existing curriculum, e.g., the law school's offering in antitrust, debtor-creditor relations, corporate counseling, law and economics, mergers and acquisitions, corporate finance, public finance, securities regulation, and other courses or seminars with significant business or tax components. |
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. |
601:567Judicial Politics (2)
The first Supreme Court nomination in 11 years provides an occasion for examining a series of
issues relating to the role of the federal courts and the considerations that should guide the
legislative and executive branches in performing their constitutional responsibilities in the
judicial appointment process. Begins with a close look at the nitty-gritty of the confirmation
process, including scrutiny of the upcoming hearings of the Senate Judiciary Committee from the
vantage points of the various participants and interested parties. Also examines prior episodes of
politically charged judicial nominations, as well as recent congressional hearings on the topic of
the role of ideology in the appointments process. Incorporates a broader view of the various
schools of thought regarding the proper judicial role, and the implications of these positions for
the political process of judicial appointments. Finally, selected Supreme Court cases that present
in sharp and concrete terms the questions of judicial role which arise in more abstract form in
confirmation proceedings are considered.Litman |
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 |
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.
Its particular focus is on death and dying and genetic testing. Other possible topics include
biomedical research, and transplantation and implantation of natural and artificial organs and tissue. 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 editorial positions in an open writing competition during the summer
between their first and second years. Students transferring to Rutgers after their first year may
compete for membership during the fall term of their second year. Students must complete both terms to be awarded 1 credit for each of the two terms of participation. |
601:687Law of Charities and Nonprofit Organizations (3)Focuses on the legal issues surrounding nonprofit organizations,
particularly the public benefit
entities and membership organizations that are often said to form the
nation's voluntary or third sector. Specific topics include formation
and dissolution, operation and governance,
regulation, tax exemption and charitable contributions, unrelated
commercial activities, the
role of constitutional law, and the treatment of nonprofit
organizations in tort law and antitrust
law. More generally, the course considers the puzzle of why nonprofit
organizations exist in the
first place, their place in the social and economic order, whether the
law should accord them
special status, and how all these questions relate to the special role
that voluntary activity and
philanthropy have played in American history. Also examines important
distinctions among the
various types of nonprofit organizations, including religious entities,
traditional charities,
advocacy groups, and private membership associations.Dane |
601:663Law of Organizational Fraud (2)Why do organizations engage in fraud, what forms can it take, and how do investigators learn
about it? This course focuses on investigation and litigation of white collar criminal cases.
Subjects examined include investigative tools, prosecutorial decisions, and defending allegations
of misconduct; joint defense agreements; the role of cooperation; rights of subjects and targets;
conspiracy, obstruction, and false statements; conducting internal investigations; preventing
improper conduct in organizations, controlling collateral damage; and representing
whistle-blowers.Sheehan |
601:558Law of the European Union (2)General introduction to the legal system of the European Union
covering both its constitutional and institutional architecture and
focusing on a selection of
substantive law issues. Draws comparatively on the substantive law, and
the
institutional and legal aspects, of the World Trade Organization (WTO),
and NAFTA. Provides, in addition to a basic understanding of the
EU, WTO, and NAFTA, the theoretical
and practical knowledge necessary to read any other free trade area
treaty (e.g., MERCOSUR),
and to understand its working and the policy choices made by its
drafters. Three basic areas are covered: (1) the constitutional and
institutional setting of the E.U. and
its historical evolution, (2) substantive trade rules, and (3)
comparative materials from WTO
and NAFTA.Afilalo |
601:618Litigation (6)Combines coverage of civil procedure, professional responsibility, and pretrial advocacy. Taught
around a case file which students litigate as a simulated case. In meetings with Professor Stein,
students learn about the rules and doctrines pertinent to the litigation problem. In sessions with
adjunct faculty, students concentrate on the lawyering aspects of the problem and focus on
interviewing, drafting, negotiation, conducting discovery, and motion practice.Donio, Rosen, Stein. Does not satisfy the Professional Responsibility requirement. Exclusion: students who have already taken Pretrial Advocacy may not take Litigation, and students registering for Litigation may not take Pretrial Advocacy. |
601:666Media Law (3)Introduction to the law governing mass media communications, with focus on journalism.
Examination of issues of First Amendment, tort, intellectual property, and administrative law, with
special emphasis on how theories of news-gathering rights and responsibilities must adapt to
digital communications.Goodman |
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. Robbins. Prerequisite: Business Organizations or permission of the instructor. |
601:568Military Law (3)Traces the path of legal reform and criminal justice in post-World War II United States through
the practice of American military law. Combines the study of legal history, criminal law and
procedure, and the special context of military service to address some of today's most pressing
legal issues, including the protection of human rights in armed conflict; the imperatives of
national security; and the collision between American and international jurisdictions. Begins by
considering the special concerns of discipline and criminality in the armed forces and then turns
to the Uniform Code of Military Justice (UCMJ), the greatest reform in the history of American
military law. Analyzes high-profile court-martials: the prosecution of repatriated Korean
War POWs for collaboration, the trial of Lieutenant Calley for the My Lai massacre in Vietnam,
and the sexual scandals of the 1990s, and routine prosecutions for common military crimes like
unauthorized absence. Briefly examines comparative law by discussing alternatives to the
American approach to military crime and punishment. Explores the new military tribunals,
reviewing the rules and guidelines, the infrastructure the military has created to manage them,
public and scholarship reaction, and any available materials about actual prosecutions that are
underway or have already taken place.Hillman |
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. |
601:755National 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. |
601:544Negotiation (3)Examines the theory and practice of negotiation by lawyers and others.
Readings acquaint the
student with research findings on the structure and psychology of
negotiation and decision-making paradigms; the effect of agency,
multiple parties, and negotiator group characteristics and
personality; and laws concerning the ethics and limitations of
negotiation and settlement. Simulations enable each student to identify
the factors studied in realistic scenarios and practice
the skills necessary to respond to those factors.Katz. Exclusion: Students who have taken 601:647 Interviewing, Counseling, and Negotiation may not take this course.
|
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 rule-making 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 course that examines practice and procedure in New Jersey courts at trial and appellate
levels. General emphasis is on civil trial and appellate practice. Also covers criminal procedure,
family law, administrative agency procedure, and federal court practice concerns, as well as a
consideration of prerogative writs and general equity matters; state constitutional law; and the
confluence of law, politics, and legal doctrines in New Jersey. Fols, King |
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. |
601:696Patent Law I (2) Patent Law I and its sequel, Patent Law II, are designed for those interested in becoming patent
attorneys and for those seeking a general knowledge of the subject for corporate or litigation
practice. Patent Law I covers the statutory requirements for patentability under U.S. law. The
course also compares and contrasts U.S. and foreign patenting and provides an overview of
practice under the Patent Cooperation Treaty (PCT). The technical and practical aspects of
patent prosecution practice are addressed. Techniques of application drafting, responding to
Office Actions, appeals, and interference practice are covered. Patent property and contract
rights, antitrust and misuse considerations, and tax aspects are also considered. Licata |
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. Condo. Prerequisite: Patent Law I. |
601:513Persuasion in Legal Writing (2)Because lawyers, as advocates, must be able to understand and employ techniques of persuasion,
this course examines the art of persuasion in depth using interdisciplinary approaches. Effective
use of literary or historical references, classical rhetoric theory (particularly the concepts of
ethos/pathos/logos), psychology theories, and visual design theories are all considered.
Students are required to write weekly assignments based on class discussions and
readings, as well as to complete longer writing assignments throughout the term. Examples
of possible assignments include analyzing persuasion techniques used in particular judicial
opinions, writing a dissenting or concurring opinion based on the student conclusions and
critiques, and/or analyzing and rewriting aspects of attorney work product. Students receive
feedback on written work, and grades are based on the overall portfolio.Capasso, Robbins, Wallinger |
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). |
601:725Power versus Law (3)Explores the relationship of statecraft to trade policy, and the extent to which constitutional and
strategic changes to states and their relations require an overhaul of the current trade system. In
short, the principal focus is on the trade policy effects of the changing nature of statecraft in the
21st century. Begins with a review of key works analyzing the current international order
(Bobbitt, Cooper, Fukuyama, Huntington, Kagan) and then examines the trade system that
preceded World War II, with a view to evaluating whether the trade theory that it embodied
impacted the military security of the modern liberal democracies and international cooperation in
nontrade matters. A similar analysis of the post World War II system established at Bretton
Woods is undertaken. Finally, current changes in the international geopolitical scene that affect
trade, and the extent to which such changes require a revision of the Bretton Woods system, and
of the United States/European relations in that field (using the power versus law lens as a tool for
our analysis) are considered. In addition to primary sources, students read articles by the
principal theoreticians of trade. Finally, new norms for trade in the 21st century and a new set of
institutions to implement the overhauled regulatory framework are suggested and discussed.Afilalo, Patterson |
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 |
601:607Products 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.Gavin |
601:667, 582Professional 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. Andrews, Beckerman, Chase-Walters, Gottesman, Joseph, Kushner, Sabatino, Shore. 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 or permission of the instructor. |
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 |
601:777Rutgers Community Development Clinic (4)The Rutgers Community Development Clinic provides legal representation and related technical
assistance to nonprofit organizations and small businesses in Camden. Clinic students work
under the supervision of clinic faculty in representing clients, including providing legal and
technical advice, drafting organizational and transactional documents, interacting with
government agencies and financial institutions, and negotiating deals. In appropriate instances,
students will collaborate with counterparts in community planning and business development in
providing services to clients. Representative areas of legal work include: nonprofit and small
business corporate structure and governance (including choosing form of entity, preparing
certificates of incorporation, and bylaws, etc.); shareholder agreements, tax exempt status and
other tax issues, zoning and land use, eminent domain, legislative and policy advocacy, real
estate and financial transactions (real estate closings, small business loans, etc.); and negotiation
and drafting of contracts such as leases and partnership and joint venture agreements. The
overall focus of the clinic's representation, whether for nonprofit or business clients, is
revitalization of Camden communities and promotion of new economic opportunities for
Camden's citizens.
Participants in the Rutgers Community Development Clinic attend seminar meetings and
work directly with clients. Students may extend their clinical experience, thereby becoming
involved in more complex matters, by registering for a subsequent term in the 2-credit
Advanced Community Development Clinic.
The clinic seminar addresses key skills necessary to represent clients in the matters
assigned to clinic students such as interviewing, counseling, negotiating, drafting, and
resolving ethical issues that arise in the context of representing organizations, and includes
simulations where appropriate. Some classes feature guest speakers with special knowledge of
Camden's community development needs, unique vision in the field of community revitalization,
or expertise in substantive law areas involved in community development legal representation.
Other classes are roundtable discussions of concrete issues that commonly arise in students'
cases.
The initial, primary focus of the clinic is on providing service to clients in and around the
Fairview Village neighborhood of Camden under the auspices of the University's Rutgers
Fairview Neighborhood Project (RFNP). Through the RFNP, a joint effort of the Rutgers'
School of Law-Camden, the Walter Rand Institute for Public Affairs, and the William G. Rohrer
Center for Management and Entrepreneurship, the Community Development Clinic is also part
of a larger commitment by Rutgers University to stabilization and revitalization efforts in
Fairview Village.
Ashodian. Pre- or corequisite: Professional Responsibility. |
601:632Sales (3) Course builds on the study of sales law in Contracts and Commercial
Law: An Introduction to the Uniform 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.Korobkin, McDonald. Prerequisite: Commercial Law: An Introduction to the Uniform 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. Korobkin. Prerequisite: Commercial Law: An Introduction to the Uniform Commercial Code or permission of instructor. |
601:653Securities Litigation and Enforcement (2)
Examination of civil and criminal liability provisions of the federal securities laws, civil and
criminal enforcement mechanisms, and dynamics of securities class action litigation. Additional
focus on recent legislation including Private Securities Litigation Reform Act of 1995, Securities
Litigation Uniform Act of 1998, and Sarbanes-Oxley Act; responsibility of lawyers and
accountants, and international reach of federal securities laws. Final examination; optional
writing credits.Simon |
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. Laby, Robbins. 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 |
601:527Sexual Orientation and the Law (3)Explores the different ways in which the law regulates and accounts for sexuality in general and
sexual orientation in particular. Topics include rights to privacy and their impact on the ability of
the state to regulate sexual conduct; rights to equal protection by lesbians and gay men; the
military's "don't ask, don't tell" policy; rights to free speech and associations of lesbians and gay
men (and of those who do not want to associate with them); same-sex marriage and adoption by
lesbians and gay men; employment discrimination; and legal issues involving transgendered
individuals.Ball |
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 Business School 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.Talty. 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, is administered via the Internet,
and is typically scheduled outside the normal examination period.
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. |
601:600State 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 |
601:661State and Local Governments (2)Examines the major legal issues involving local government, including tax and spending, public
employment contracts, delivery of services, and tort liability. Also covers relationship problems
such as interlocal conflicts and the manner in which state and federal governments impact local
actions. Provides practical instruction on the functions and procedures of municipal governing
bodies, municipal courts, and planning and zoning boards.Buchsbaum |
601:623Statutory Interpretation and Legislation (2 or 3) Study of legislation as a policy-making 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.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). |
601:575Tax Treatment of Charities and Other Nonprofit Organizations (2)Focuses on the federal tax treatment of charities and other nonprofit organizations. Topics
covered include distinctions in classifications, requirements for exemption, taxation of unrelated
business income, the charitable giving rules, limitations on political activity and lobbying, and
legislative reform efforts.J.J. Smith. 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. |
601:699Topics in Insurance Law (2)
Offered by members of the Insurance Committee of the Philadelphia Bar Association.
Practitioners with extensive experience in the areas of insurance litigation, counseling, and
government regulation provide instruction. Students are introduced to a variety of advanced
topics in current insurance practice. Emphasis is on designated problems at the cutting edge of
insurance law, and on how those problems relate to basic concepts in the insurance area.Dunham, Gimbel |
601:626Tort Reform and Constitutional Law (3)Consideration of recent tort reform proposals, including damage caps, mandatory arbitration,
limitations on punitive damages, and similar measures, as well as federal and state constitutional
limitations on such reforms. Also examines recent and pending federal civil justice reform
proposals.Williams |
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. |
601:553, 592Trial Advocacy Competition Team (N1, P2)Students participate in a National Student Trial Advocacy Competition as a component of this
course. Develops a greater understanding of case preparation, examination skills, theory
development, trial strategy, and techniques of persuasion.
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 will be distributed in November. According to the
competition rules, fact pattern clarifications are due in mid-December. Therefore, students
interested in enrolling in this course must contact Sandy Gavin, Director of Advocacy Studies,
in order to receive further details concerning the competition and to receive permission to enroll
in this course.Gavin, Zarillo. Prerequisite: Trial Advocacy and permission of the instructor. |
601:791Vis International Commercial Arbitration Moot Court I (P1) Eight students selected by application 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.
The Willem Vis International Commercial Arbitration Moot Competition is one of the
most prestigious, rewarding, well-run, and interesting competitions available to law students.
This past year, 135 universities from 42 countries participated in the event, and over 200 scholar
and practitioner experts in international commercial law served as arbitrators. The goal of the Vis
Arbitral Moot is to foster the study of international commercial law and arbitration for resolution
of international business disputes through its application to a concrete problem of a client and to
train law leaders of tomorrow in methods of alternative dispute resolution. The competition takes
place entirely in English. Levin, Parvey. Enrollment by permission of the instructors. |
601:792Vis International Commercial Arbitration Moot Court II (P2)See above description.Levin, Parvey. Enrollment by permission of the instructors. |
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. |
601:578White Collar Crime (2)Examination of the principal criminal statutes used by the United States Department of Justice in
the investigation and prosecution of financial crime. Subjects examined may include corporate
and individual ability; conspiracy; criminal tax fraud; mail fraud, wire fraud and related offenses;
securities fraud; bribery and gratuities; extortion; false statements and perjury; obstruction of
justice; currency transactions and money laundering; grand jury issues; and sentencing and
sanctions.Miller. Recommended for students who have an interest in federal criminal prosecutions. |
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, Wallinger |
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