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.
601:560Abortion Rights Controversy in American Law and History (3) The abortion rights controversy has been a part of American law and society for more than a century. Abortion is far more than a legal and constitutional issue. Its moral implications have permeated the very fabric of our politics, society, and culture. As such it can serve the student of law to illustrate in some of the starkest terms the intersection of law, jurisprudence, religion, politics, social, and cultural attitudes. Our culture responds to changes in the legal landscape, and the law reflects changes in social and cultural norms.
In the last 30-plus years since the U.S. Supreme Court's landmark decision in Roe v. Wade, the controversy has heated up rather than settled down. Everyone knows that the U.S. Supreme Court justices are aging, and change and appointments have taken center stage during the administrations of George W. Bush and Barack Obama. With Chief Justice John Roberts taking over for the late William Rehnquist and, possibly more important, Justice Samuel Alito replacing Sandra Day O'Connor, the constitutional jurisprudence of abortion is in flux more than ever. We have yet to see what change, if any, the addition of Justices Sonia Sotomayor and Elena Kagan will make in the coming years.
How has this single issue come to dominate American constitutional, legal, cultural, and political discourse? This course looks back over the last 200 years or so to find out how the abortion rights controversy became the legal, constitutional, jurisprudential, political, and social problem of our time. We will look at the changes in statutory and case law as well as cultural artifacts including opinion polls, memoirs, films, and scholarly essays.
The final for this course is a self-scheduled take home essay exam. There is a 2,500 word limit and students can take up to eight hours in which to complete the exam. Writing (nonintensive) credit is optional. Students who wish credit can write a case note of a federal or state abortion/reproductive rights case. The case note will be due on the last day of classes. The instructor will provide a list of federal cases that would be acceptable; any other case would have to be approved by the instructor. Class participation and attendance are significant components of the course and students' grades.Hull
601:518Accounting for Lawyers (2)The basics of accounting including Generally Accepted Accounting Principles (GAAP) and the
governmental, quasi-governmental, and private regulatory bodies that are their source.
This course will examine the conventions, techniques, and limitations of financial accounting, including the accounting process, cash and accrual accounting, and construction of the basic financial
statements (the balance sheet, income statement, statement of retained earnings, and statement of
cash flows) and their use by creditors, regulators, and others. No accountants or students who have taken an undergraduate or graduate course in accounting may register.Braithwaite
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 rulemaking 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. 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. Kovacs, Oberdiek, Oren, Scales.
601:677Admiralty (3) Study of admiralty jurisdiction of federal courts and 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
601:725Advanced Antitrust (3)This class will explore cutting-edge issues in antitrust law today. It will build on the basic
antitrust class and cover topics including (1) government enforcement, (2) law and enforcement in
the European Union, (3) issues relating to intellectual property, (4) the pharmaceutical industry,
and (5) climate change. Special attention will be paid to current issues of antitrust law and
enforcement.Prerequisite: Antitrust or permission of instructor.Carrier
601:611Advanced Brief Writing (2) This course takes students beyond their introductory first-year (1L) LAWR II course.
Students study the theories, strategies, and procedures of brief writing at the trial or appellate level. The simulation problems utilize more complex analysis than in the 1L LAWR series.
Students will write drafts and receive individualized feedback prior to rewriting. The emphasis of the course is on understanding the goals of the document as it relates to the overall case; tailoring the document to its audience; and setting a persuasive context and presenting a cohesive theory of the case throughout the entire
document.Prerequisite: LAWR II or equivalent. R.A. Robbins, Shore, Simon.
601:750Advanced Child and Family Advocacy Clinic I (2)Students in this course continue their
representation of child-clients in child protection, special education, or public benefits/SSI cases. The focus of the course is continuing to develop lawyering skills as the case develops and as the
goals of representation transition with new legal issues. Prerequisites: This advanced clinic course is only open to third-year students who have completed Child and Family Advocacy Clinic and by invitation of the professor. Schalick
601:773Advanced Child and Family Advocacy Clinic II (2)Students in this course may continue their
representation of child-clients in child protection, special education, or public benefits/SSI cases. Students in this advanced clinic may also work on a variety of research and public policy projects impacting at-risk children and families.Prerequisites: This advanced clinic course is only open to third-year students who have completed Advanced Child and Family Advocacy Clinic I and by invitation of the professor. Schalick
601:780Advanced Children's Justice Clinic (2)This advanced clinic will focus on increasing the depth of the skills necessary to effective
representation and making the law more responsive to the needs of children involved in the
juvenile court system. Specifically, this course will consider children's issues beyond the context
of juvenile delinquency court in Camden County. Students may work on a variety of projects.
Examples of these projects are appeals, amicus brief writing, legislative initiatives, other legal
reform work, advanced lawyering skills, and interdisciplinary and holistic lawyering initiatives for
Children's Justice Clinic clients. One stated mission of the Children's Justice Clinic is to elevate the level of child
lawyering in Camden County and throughout New Jersey. Students enrolled in this course will
work toward a more integrated view of the nature of "best practices" in the field and create
initiatives to make the law more responsive to the needs of children and families. Students will
meet weekly to discuss progress on their projects and reflect on their learning, which may be
accompanied by the submission of weekly journal assignments. Prerequisites: Children's Justice Clinic and permission of instructors.Simkins
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. Gottesman, Overton, Mallgrave
601:737Advanced Domestic Violence Clinic (2)Focus is on increasing the depth of the skill necessary to effective and therapeutic client
representation. Specifically, this course considers domestic violence client issues beyond
protective order representations. Students work on a variety of projects, including, for example,
appeals, amicus brief writing, legislative initiatives, planning and conducting interdisciplinary
guest teaching, and holistic lawyering for the Domestic Violence Clinic clients.Prerequsites: Domestic Violence Clinic and permission of instructors.Chase, Robbins.
601:789Advanced International Human Rights Advocacy and Litigation (2)This advanced course-clinic is only open to students who have completed Human
Rights Advocacy and Litigation and by permission of the professor. Students in this course
continue their work on human rights advocacy and litigation through projects such as researching
and drafting complaints, briefs and legal memos; preparing for hearings; and working with
clients.
Explanation: Students in Human Rights Advocacy and Litigation (a 4-credit course-clinic
hybrid usually offered in the fall) work on a variety of projects, including federal court cases,
petitions to regional human rights organizations and/or research projects for nonprofit human
rights groups. Occasionally, the projects will extend into the spring, and the students (as well as
the clients) will benefit from the opportunity to continue their work into the next stage of the
process. This advanced course will only be offered when the work of the clinic offers the
opportunity for students to build upon, without repeating, the learning opportunities of the first
semester.Only open to students who have completed Human Rights Advocacy and Litigation. Permission of instructor required.Stephens
601:754, 743Advanced International Sales and Commercial Arbitration I, II (2, 1) Fall Semester: After studying the year's Willem C. Vis International Commercial Arbitration
Moot problem, students review drafts of the briefs written by students taking the International
Sales course and assist those students in mastering the principles of the field. In addition, they
prepare memoranda on substantive questions and summarize student arguments. Students are
evaluated on their memoranda, teaching, and the feedback they provide to the other students.
Spring Semester: Students continue their coordinating role as the International Commercial
Arbitration Moot Court students draft the second memorandum for the Vis competition. In
addition, students in the advanced course critique practice sessions for the oral arbitration
component of the Vis Moot. They study the rules of different international arbitral institutions
and provide memoranda evaluating the relevance of the rules to the problem. Levin, Parvey.
601:522Advanced Legal Research (2)This course is intended to develop a mastery of legal research beyond the level of the standard
first-year curriculum. It will cover several major areas of legal research, including but
not limited to, cases, statutes, legislation, regulation, and special subject areas such as tax law. Students will be graded on a series of short papers, in the form of briefs or memoranda, that will
answer a substantive legal question drawn from the topic areas covered. The papers will be
evaluated based on both the quality of the writing and the quality of the research used to answer
the questions.
The main intent of the course is to develop effective search strategies, useful in any research area.
Students will be required to apply lessons learned in one topic area in each subsequent area. The
writing assignments will reinforce these lessons by requiring the student to apply these strategies
in the context of a practical legal question.
The frequency of writing assignments serves several goals: it will stress the importance of
efficiency in both research and writing style; allow the improvement of both research and writing
by providing frequent opportunities for improvement; and provide the student with the kind
of writing and research experience that will approximate that of a practicing attorney. Feedback on research strategies will be in the form of class discussion as well as individual
comments on assignments. Student writing will receive individual feedback in the form of written comments
and individual interviews with the instructor.Butler
601:519Advanced Legal Research Special Topics (1)This course is intended for those students interested in sharpening their legal research skills. The number and subject of the research projects will be determined by the instructor, as will the option of requiring a midterm exam. The course will be one half semester in length. Examples of topics to be addressed may include administrative law, legislation, taxation, international/foreign law, or sports law. The goal of the course will be to prepare students to do in-depth research in the selected area, in addition to sharpening general research skills. Special Topic Descriptions Legislative and Administrative Materials. This one-credit intensive course will consist of 14 hours of lectures and direct research over seven weeks. Students will study the theory and methodology of performing legislative research and compiling legislative histories, learning how to use such history as a tool for legal advocacy. Students will also study strategies for doing administrative law research. The course will focus on both federal and New Jersey legislative and administrative materials. Students will gain hands-on experience utilizing both print and online resources. Each student will produce a series of short research assignments together with a final project.
Tax Law. This advanced research course will provide an in-depth examination of research materials and effective research strategies in federal tax law. Students will sharpen their research skills in this area and develop the foundational skills necessary to conduct efficient, quality tax law research. Judicial, legislative, and administrative materials will be explored together with a wide variety of tax specific secondary resources. Short research assignments will be included along with a final research project.Prerequisites: LAWR I and II. Butler
601:592Advanced Legal Writing: Community-Based Practice (3 or 4)This is an advanced legal analysis, writing, and research class in which every student will research and write at least one complex writing assignment on a legal issue affecting the lesbian, gay, bisexual, and transgendered (LGBT) community. Based on an experiential and service-learning approach, the course is paired with a nonprofit community organization offering free/sliding scale representation to some LGBT clients. Each project will be generated by the organization's legal services department in conjunction with their legal research needs. There may also be additional legal research projects assigned as the need arises. Students' work and deadlines may be staggered throughout the semester. At various stages, they will receive and submit review feedback. Through group and one-on-one conferences and in-class presentations, the instructor will provide additional feedback and review.
The course will consist of a discussion of advanced legal research and writing theory and argumentation; a discussion of specialized LGBT community/legal representation issues; professionalism; group interaction with each student's research strategies, outlines, and drafts, which may be distributed to the class; and other lawyering exercises. We will also have various opportunities to interact with our assigning attorney, the legal director of the organization: in an initial meeting/field trip to the client's offices; through conference calls with the class; in a final briefing on the assignment; and through participation in any social receptions or events the client may be participating in.
Currently, because this course will be considered a hybrid clinic and considered a part of the clinical offerings at Rutgers, students will have certain limitations on their registration and participation in the class, including particular conflicts and confidentiality restrictions as set by the professor, the director of the clinical programs, and applicable rules of professional responsibility.Note: Course is 3-4 credits, at the discretion of the professor. Intensive Writing Credit. Pre- or corequisite: Professional Responsibility. Cohen
601:523Advanced Legal Writing-Workshop (2)While writing practice is basic to writing improvement, another key way to strengthen writing skills involves reading the writing of others to offer a careful response to the text (as opposed to the more common way of reading for information). Moreover, by assessing and integrating peer feedback, the writer has the ability to stay in control of and be responsible for his or her own writing.
Many composition programs at the undergraduate level have thus created some form of writing group in which students take the lead in providing directed feedback to other students. Using the undergraduate model, students in this course provide peer review to each other's work. The professor facilitates the feedback and provides additional peer review.
Each section of this course is limited to eight to 16 students, at the professor's discretion, and meets one or more hours a week. There is a writing product at the end of the course, but there is also a heavy emphasis on the writing process. Most weeks the group responds to a piece written by a group member, but the group also reads examples of good writing and studies advanced writing techniques.
Students should come to the course with writing projects already in mind. These can be completed writings that need substantial revising; writing projects that are in development but that need completion; or new research and writing projects, which may be suggested by the professor. All writing projects are subject to the professor's approval. Examples might include briefs, judicial opinions, or longer memos that were written for a course or a pro bono or work experience (redacted to preserve client confidentiality) or a piece of academic or seminar-style writing. Prerequisites: LAWR I and II.Robbins, Ricks, Wallinger.
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. Bafundo, Gavin, Jacobs, Viniar.
601:639American Indian Law (2)This course will address a wide variety of legal issues in the context of tribal, common, and federal law. Topics such as sovereignty, tribal membership, land and water rights, hunting and fishing rights, respect for tribal practices and traditional burial grounds, trademark challenges concerning tribal names and images, custody and domestic violence, and dispute resolution will be explored. Significant U.S. Supreme Court decisions will be examined in historical and social context as well as the Navajo and other tribal court and common laws. Peacemaking will be studied as well as the underlying cultural context of tribal law.Licata
601:662Antitrust (3) Topics covered include horizontal restraints (price fixing, conspiracy, data dissemination,
and 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, and exclusive dealing); mergers (horizontal, vertical, and conglomerate); selected
Robinson-Patman Act problems; and remedies and enforcement.Previous study of economics is not a prerequisite. Andrews, Carrier, Frankford, Simon.
601:741,742Appellate Advocacy: Hunter Moot Court BoardThe Hunter Moot Court Board is composed of third-year students selected from previous Hunter Moot Court program participants who have an overall cumulative average of 2.0 or better. Board members are responsible for running both the selection and course competitions and for acting as teaching assistants during both the fall and spring semester courses.Students must complete both semesters to be awarded 1 credit for each of the two semesters of participation. Three credits total, noncourse, graded W-I credits are available to those students writing the bench memo. Taught by a director plus two instructors.
601:702Appellate Advocacy: Hunter Moot Court I (2) 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. Mallgrave, Markey, Robbins, Shore.
601:703Appellate Advocacy: Hunter Moot Court II (1)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 the following academic year at the National Moot
Court Competition.Prerequisite: Hunter Moot Court I. Mallgrave, Markey, Robbins, Shore.
601:769Appellate Advocacy: International Moot Court (1,1)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 semesters to be awarded 1 credit for each of the two semesters of participation. Kemeny
601:510Arbitration (2 or 3)Arbitration is an increasingly popular alternative to litigation. Like mediation, it happens only by
the parties' consent, but unlike mediation, it is a binding form of dispute resolution and has a
system of law and procedure all its own. This course will examine commercial arbitration under
both United States law and international practice, with particularly attention to:
Arbitration as creature of contract: the creation of an arbitration clause
When is a dispute arbitrable and when will courts enforce and not enforce arbitration
clauses?
Commencing the arbitration: how are arbitrators selected, and when are arbitration
bodies such as the American Arbitration Association and the London Court of International
Arbitration involved?
What is the proper scope of an arbitration?
Arbitrating your case: how is an arbitration actually conducted and how is this similar
to and different from litigation? What is arbitration procedure for briefs, witnesses, discovery
and other mechanics?
How does international arbitration differ from U.S. domestic arbitration?
How are arbitration awards enforced?
Public policy: advantages and disadvantages of arbitration vs. litigation
The course will examine published cases and materials and also perform in-class exercises based
on contemporary arbitration issues. Class participation will be weighted heavily and there will
be a final take-home exam.
Adler
601:590Aviation Law (2)Aviation is humankind at its dynamic best: using science to imagine flight, taking the risk to
achieve it, and then developing the technology, private enterprise, and governmental structures to
nurture it to become preeminent in the movement of people for business and recreation. We will
explore the role of government in aviation, the international framework for aviation, the
certification and operation of air carriers and aircraft, the operation of airports, and contractual
issues unique to aviation. We will examine special issues arising from aviation litigation,
including the liability of pilots, owners, fixed-base operators, repair stations, insurers, and scheduled
air carriers and charter operators. We will also discuss the law of accident investigations, multidistrict litigation, and the application of jurisdiction, choice of law, and forum non conveniens to
aviation.R.W. Clark
601:596Bankruptcy Workshop (3) 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
601:689Bankruptcy (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.Barkasy, Korobkin, Ryan.
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.Recommended: Constitutional Law. Mutcherson
601:680Business Organizations (4) This introductory business law course addresses the law governing business
entities, including sole proprietorships, agency, general and limited partnerships, limited liability
companies, and both closely-held and public corporations. It covers choice of organizational form;
fundamentals of entity formation, finance, and taxation; duties of fiduciaries including agents, partners,
directors, and officers; limited liability and its exceptions; the role of the corporation in society and
corporate social responsibility; corporate governance; and the basics of regulation of securities issuance
and trading. Students without any prior business background or knowledge of business concepts should
feel comfortable enrolling in this course. Prerequisite: Contracts. Recommended: Business Organizations should be taken before more advanced business law courses such as Securities Regulation, Mergers and Acquisitions, and The Public Corporation. Beckerman, Laby, Livingston, Ryan, Sablove.
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.Prerequisites: Introduction to Federal Income Taxation and Business Organizations. Livingston
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. Prerequisites: Contracts and Torts. Feinman
601:645Casino Law (2) Provides an analysis of federal and state laws governing legalized gaming in the United States
with emphasis on gaming in Atlantic City, Pennsylvania, and the internet. The powers of the state
and federal regulatory agencies are examined, and the underlying reasons for regulation and
methods utilized to ensure the integrity of the gaming industry are discussed. The course focuses
on the history of legalized gaming activities, the licensing process, and the regulation of the
gaming industry. The course also discusses the current and future trends of gaming, including the
expansion of gaming domestically and on the internet. 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.Prerequisite: Family Law, Domestic Violence Law, or permission of the instructor.Schalick
601:777Child and Family Advocacy Clinic (6)This course focuses on the skills needed to represent clients, ethical issues that arise in cases, and roles of
counselor and attorney. Under the supervision of clinical professors who are licensed to practice in New
Jersey and experienced in child dependency law practice, students will represent children in child abuse
and neglect cases in Family Court in Camden. Students may also represent children in administrative
hearings and proceedings regarding public benefits, education, immigration, medical, and mental health
issues. Through advocacy in court and other venues, students will help ensure that the child welfare
system is sufficiently addressing the safety, permanency, and well-being needs of the clients. The ultimate
goal for most, if not all, clients will be to help make sure each client has a loving, safe, and permanent
home.
Students work with a partner and, in some cases, will collaborate with social workers to undertake all
steps necessary to prepare for court hearings. Students will interview clients, review court and other
documents from related cases or prior proceedings, prepare direct and cross examination, make strategic
case decisions, and draft documents. Students will often engage in substantial writing in their case work,
such as preparing motion packets or briefs, normally with very short deadlines. Those situations provide
students with an additional and valuable learning experience about the realities of trial practice from a
research and writing perspective. In New Jersey, third-year students may appear in court under the New
Jersey Third-Year Practice Rule, and students in the clinic
make all necessary court appearances.
Children who have suffered physical abuse, sexual abuse, or neglect need zealous advocates to protect
their legal rights. These children are vulnerable, confused, and usually require intense counseling from
their attorneys. Specialized training and supervision is provided to help students understand the
intricacies involved with representing minor clients in this context. Special Note: In addition to class sessions, students in the course must also be available at times other than the scheduled class hours to attend hearings (approximately 3-4 times per semester), and meet with clients, classmates, the supervising clinical attorney, and other interested
parties in the case(s) at the law school or other locations. As a result, students must have some flexibility in their schedules, particularly during business hours, to permit them to accommodate these additional time demands.
Prerequisites: Completion of 56 course credits, the courses in Evidence and Professional Responsibility. Preferred: Child Abuse and Neglect. Recommended: Family Law, Juvenile Law, and Children and the Law.Exclusion: Students may not simultaneously enroll in the law school's Externship Program and the Child and Family Advocacy Clinic without permission of both supervising professors. Students may not enroll in another law school clinic and the Child and Family Advocacy Clinic. All students taking this clinic must be in good academic standing. Academic and disciplinary records will be verified with the dean of students.Schalick
601:573Childen and the Law (3)Children in the last few decades have been given special recognition and increased protection
under state, federal, and international law. But doctrines and beliefs developed in periods when
the social value of children was low and the legal duties of parents and the state was minimal
continue to influence the way the law views children. This course will survey various areas of the law concerning children and examine their sources
and influences. Topics to be covered are: (1) the responsibilities of the state and family in the
care of the child, including education; (2) the legal treatment of abused and neglected children;
(3) rules concerning the medical treatment of children; (4) adoption, surrogacy, and parentage; (5)
the treatment of children accused of crimes; (6) children's disabilities; and (7) government
entitlement programs for children.
The course will also examine the International Convention on the Rights of the Child, a treaty
that seeks to render universal certain rules respecting the treatment of children.
Prerequisite: Family Law. Schalick
601:796Children's Justice Clinic (4 or 6)Focuses on the skills necessary for client representation, the ethical issues that arise in cases, and
the roles of attorney and counselor. Students represent juvenile clients in delinquency hearings,
sentencing and postdisposition review, and associated legal matters. Clinical faculty 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 motions, briefs, and other documents as
needed. Typically, these briefs are under 10 pages, but must be prepared in only a few days.
These situations provide students with an additional and valuable learning experience about the
realities of trial practice. Students also make all necessary court appearances, under the New
Jersey Third-Year Practice Rule.
In addition to providing legal representation in juvenile court, teams identify aggravating factors
in the client's home, school, or community environment; and identify and make referrals to other
law school, campus, or community-based services that can address problems well beyond the
scope of the delinquency system. There is also a community education component, in which
student teams provide education to their clients about their rights and the implications of their
involvement in the juvenile justice system. The whole-client approach optimizes outcomes for
individual clients. In addition to developing their criminal trial practice skills, students learn how to integrate a
systemic best practices perspective into individual representation.
Special Note: In addition to scheduled class meetings, students in the course must also be
available at times other than the scheduled class hours to attend hearings (approximately 3-6
times per semester), meet with clients, classmates, the supervising clinical attorney, and
social workers; and must have some flexibility in their schedules to permit them to accommodate
these additional time demands.Prerequisites: Completion of 56 course credits and the courses in Evidence and Professional Responsibility. Recommended: Juvenile Law, Trial Advocacy, and Criminal Procedure. Exclusion: Students may not simultaneously enroll in the law school's Externship Program or another clinic and the Children's Rights Clinic. Simkins
601:735Citizenship and the Constitution (2)The course examines constitutional questions regarding a) the acquisition and loss of citizenship
status and b) the rights associated with such status. The course focuses principally on the
institution of citizenship in the United States, but it will also consider citizenship
questions comparatively and in international law. Through readings in law and legal theory, the
course will cover: birthright citizenship, citizenship by descent, naturalization, denaturalization,
expatriation, plural citizenship, nationality and citizenship in U.S. territories, and the relationship
of various rights and benefits (including voting and gun possession) to citizenship status. Self-scheduled take-home exam. Prerequisite: Constitutional Law. 1 writing credit. Bosniak
601:794Civil Practice Clinic (6)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 for client representation, ethical issues, and the
roles of attorney and counselor. Students will be assigned to cases in a variety of practice areas
including consumer law, Social Security disability, public benefits cases, landlord-tenant eviction
actions, family law, and will drafting. Students engage in both affirmative and defensive
litigation, and provide preventive legal planning and client advice.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.Gottesman, Overton.
601:535Civil Rights (2)Integrates the theory and practice of civil rights and exposes students to the relationship between doctrine and ideology in civil rights litigation and discourse. 42 U.S.C. Section 1983 and related statutes were enacted after the Civil War and are now the major statutory vehicles for protecting federal constitutional rights. Section 1983 underpins most constitutional litigation in the United States, and the course examines it in depth. Civil Rights gives special attention to Section 1983's connection to constitutional law, especially the First, Fifth, and Sixth Amendments, as well as Section 1983's own distinctive statutory elements (which are dispositive in most cases). Neither Civil Rights nor Current Issues in Civil Rights is a prerequisite for the other; students may take either or both courses.Moffa
601:579Comparative Bioethics--New Genetics (3)This course examines the legal, social, religious, and political issues raised by the new genetics. Substantive issues include such areas as genetic testing, cloning, and stem cell research. The course is centered on Western secular bioethics and law, focusing of course on the United States. Other legal systems, beliefs, practices are used as contrasts. The principal contrast is drawn through materials on Jewish law, beliefs, and practices, but other systems, both secular and religious, will be used in the course over the years. This course is separate from other bioethics courses, and there are no prerequisites. Grades are based on class participation and a take-home examination.Frankford
601:713Comparative Labor and Employment Law (2)An exploration of the similarities and differences between U.S. labor and employment law and
labor and employment law regimes in other countries. Legal regimes studied in the course will
include those of Canada, the European Union, France, Germany, Japan, China, India, Mexico,
and South Africa. International human rights law relating to labor and employment rights will
also be reviewed, including the International Labor Organization's Convention system. Prior
coursework or practical experience in the fields of labor and/or employment law will be helpful
to students taking the course, but it is not a prerequisite.Harvey
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.Note: paper in lieu of final examination at discretion of instructor.Livingston
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, settlement, the aggregation debate, and recent legislative efforts
at civil justice reform. Andrews, Beckerman, 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.Dane, Maltz.
601:527Constitutional Change (3)This course will explore major moments of constitutional change in American history,
and theories about such change. The course will focus on some of the following examples: the Reconstruction Amendments (Thirteenth, Fourteenth, and Fifteenth Amendments) and their aftermath; the New Deal; the emergence of the National Security State after World War II; Brown v. Board and the civil rights movement; the Equal Rights Amendment and the women's movement; the rise of conservative constitutionalism; and developments after Sept. 11, 2001, about executive power and national security.
How have advocates of constitutional change articulated, justified, and promoted their proposals? Do they emphasize continuity with the past, change, or both? What is the mix of abstraction and specificity, and how do advocates deal with purportedly negative examples cited by opponents? How have opponents of the proposed change responded? What is the mix on both sides of argument, symbols, use of the media, protest, and other modalities of communication and persuasion? How have the courts interacted with these developments? What is the current state of legal scholarship about particular examples and about constitutional change in general? Students will read historical and legal materials, engage in research, participate in discussion, and write and present papers on topics related to these themes. Prerequisite: Constitutional Law. Enrollment limited to 20 students; no final exam. Rosenblatt
601:619Contemporary Jurisprudence (3)The course surveys central topics in contemporary philosophy of law. These may include the
relationship between legality and morality, the rule of law, legal authority and political obligation, rights,
as well as philosophical aspects of particular areas of law like torts, criminal law, and constitutional law.
Oberdiek
601:678Copyright Law (3)This is a general course in U.S.
copyright
law, the federal
law
which recognizes and protects
authorial and artistic property. Among other topics, we will explore the history of
copyright, the
evolution of its subject matter (e.g., literature, visual art, music, and computer software);
infringement; fair use; remedies; and the Digital Millennium
Copyright
Act. Students will study
the text of Title 17 in depth but will also be encouraged to form and articulate their own
viewpoints about contemporary policy. Special emphasis will be placed on the business models
and legal conflicts created by new and popular technologies of information production, selection,
and distribution.
Lastowka
601:681Corporate Finance (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.Prerequisite: Business Organizations or permission of the instructor. Ryan
601:670Corporate Restructuring in Bankruptcy (3)This course introduces students to the law governing the relations between financially distressed business debtors
(those who owe) and their creditors (those to whom obligations are owed). Students will consider why businesses
encounter financial troubles, and what remedies businesses may pursue outside of bankruptcy court to solve
their troubles. They will then focus on business reorganization under the Federal Bankruptcy Code. The class will
consider, throughout the course, how creditors, debtors, and their attorneys take the effects of bankruptcy law
into account in (1) counseling clients; (2) negotiating, documenting, and performing contracts; (3) reducing
risk; and (4) resolving disputes with and without litigation.
Kaplan
601:524Corporate Taxation (2 or 3)Examination of the federal income taxation of corporations and their shareholders. Topics
include the formation and structuring of corporations, the payment of both cash and stock
dividends, stock redemption, issues associated with preferred stock, complete liquidations, and
taxable and tax-free mergers and acquisitions. Corporate Taxation is designed for both tax and
nontax students. Prerequisite: Introduction to Federal Income Taxation. Jacobs
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 semester. 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 adversarial 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?Note: There is no final exam; grades are based on performance and participation during the semester and final trials performed by the students. Preference in enrollment is given to students who have taken Trial Advocacy. Courses that are helpful but not required are: Evidence, Criminal Law, and Criminal Procedure. Baker, Cipparone.
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 an 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, Magid.
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, Coombs.
601:509Critical Legal Analysis (2)Advanced legal reading, analytical, and critical thinking skills. Students will complete multiple
written assignments with individualized feedback designed to increase legal problem solving acumen and ability to communicate analysis effectively. Multiple individual conferences will provide opportunities to monitor progress and reflect on legal analysis skill development. Nissen
601:526Current Issues in Civil Rights Litigation (2 or 3)Integrates the theory and practice of civil rights and exposes students to the relationship
between doctrine and ideology in civil rights litigation and discourse. 42 U.S.C. Section 1983
was enacted after the Civil War and is now the major statutory vehicle for protecting federal
constitutional rights. Section 1983 underpins most constitutional litigation in the United States
and the course examines it in depth. Current Issues in Civil Rights gives special attention to Section 1983's
connection to constitutional law, especially the Fourth, Eighth, and Fourteenth Amendments, as well as Section
1983's own distinctive additional statutory elements (which are dispositive in most cases).
Neither Civil Rights nor Current Issues in Civil Rights is a prerequisite for the other; students may take either
or both courses.
Ricks
601:744Democracy, Legitimacy, and the Modern Administrative State (2)
Democracy, Legitimacy, and the Modern Administrative State will explore and assess in a philosophical
manner the foundations of the present administrative state, with particular reference to its democratic
legitimacy. The democratic legitimacy of the modern administrative state is open to question because
administrative agencies are run by unelected experts, and given the pervasive role that agencies now play
in law-making and government generally, the question is an urgent one. This class will consider the
philosophical literature that addresses the administrative state's authority and democratic legitimacy, as
well as related issues. Knowledge of administrative law is not a prerequisite, although it will help. Oberdiek
601:707,708Directed 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 semester 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. Faculty
601:595Disability Law (3)This course surveys the significant laws that protect the civil rights of people with disabilities,
with a primary focus on the Americans with Disabilities Act of 1990, the Rehabilitation Act of
1973, and the cases that interpret them. The Individuals with Disabilities in Education Act and
the Fair Housing Act will also be addressed in lesser detail. In addition to covering the
doctrine that governs disability discrimination in the United States, the course will also explore
the reasons why the disability laws have diverged from traditional Title VII doctrine and the
benefits and limitations of the model of discrimination that is encompassed in the disability
discrimination laws.Eyer
601:772Domestic Violence Clinic (6) The Domestic Violence Clinic focuses on the skills necessary for client representation, the ethical issues that arise in cases, and the roles of attorney and counselor. Students participating in this clinic represent victims of domestic violence in complex domestic violence matters under the supervision of clinical professors who are licensed to practice in New Jersey and experienced in domestic violence. The types of representations which students undertake include, among other things, 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.
Students work with a partner and undertake all steps necessary to prepare for court hearings.
Students interview clients, review court documents from related cases or prior proceedings, prepare direct and cross examination, make strategic decisions, and draft documents. Students often engage in substantial writing in their case work, such as preparing motion packets or briefs, normally with very short deadlines. Those situations provide students with an additional and valuable learning experience about the realities of trial practice from a research and writing perspective. In New Jersey, third-year students may appear in court under the New Jersey Third-Year Practice Rule, and students in the clinic make all necessary court appearances.
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).
Special Note: This course meets four hours per week, but students in the course must also be available at
times other than the scheduled class hours to attend hearings, cover court rotations, and to meet with
clients, classmates, and the supervising clinical attorney. Hearings typically take place in the mornings, Monday-Thursday. Flexible morning schedules are desirable while participating in this clinic.
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. Exclusion: Students may not simultaneously enroll in the law school's Externship Program and the Domestic Violence Clinic. Chase
601:688Domestic Violence Law and Social Change (3)This course explores domestic violence in the context of family law and criminal law and from an interdisciplinary and social change perspective. Students will learn the basic psychology of abuse as well as the workings of key domestic violence legal response systems, and will be introduced to New Jersey's Prevention of Domestic Violence Act. Domestic violence law is the product of concerted efforts at social change, and the course will also consider the successes and failures of these efforts, and possible directions for further reform.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. Students who take this course may also take Domestic Violence Practice and Procedure, and/or the Domestic Violence Clinic. Freedman
601:564Domestic Violence Practice and Procedure (2) Explores domestic violence in the context of family law and from an interdisciplinary
perspective. Students will learn the basic psychology of abuse as well as the legal response.
Coursework includes a series of simulations designed to teach interviewing, counseling,
negotiation, and legal advocacy in the context of the restraining order process, including a final
brief writing assignment. Students, working in teams of two, will also assist in representing a plaintiff in a final restraining order hearing.
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.Mallgrave
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
601:731Eagleton Fellowships (P3)Eagleton Fellowships consist of the Henry J. Raimondo Legislative Fellowship, the Governor's
Executive Fellowship, and the Government Fellowship. Each program is universitywide,
admitting eight graduate or professional students selected among applicants from all Rutgers
campuses. In the fall semester, fellows enroll at the Eagleton Institute in New Brunswick in
a seminar concerning the political and/or legislative process. During the spring semester, students work 15 hours per week in executive agencies, legislative offices, or other government positions in Trenton and also participate in sessions at the Eagleton Institute in New Brunswick. Students meet with the supervising faculty member in Camden by arrangement, and may be asked to submit reflection papers or journals regarding what they are learning from their experiences.
The one-year fellowship provides a monetary stipend for education expenses. Students
can visit the Eagleton website for an application and information. Information on application requirements is posted each year during the spring semester, with a deadline in early April.Open to second- and third-year students. Students are selected competitively by the Eagleton Institute of Politics at the end of the spring semester preceding the fellowship. Katz
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
601:606Elder Law (4) America is getting older. The Baby Boomers--the largest demographic population in the nation's history--are entering the ranks of senior citizens. One of the fastest growing segments of our population is centenarians. The social, medical, and economic impacts of this demographic picture promise to be far-ranging and are already starting to dominate national politics. Legal problems of the elderly are becoming an increasingly important focus of the law.
This course is a hybrid. It combines a traditional survey course, introducing students to varied topics using a casebook approach, with a skills course. Students will participate in classroom counseling simulations, drafting, and problem-solving exercises. The class meets once weekly for four class hours (200 minutes). Each class session will focus on one topic (or two related topics). The first half of the class time will constitute an examination of the week's topic; the second half will be devoted to in-class simulations and exercises.
Elder Law is one of the few upper-level courses certified for skills training credits. Students will also receive nonintensive writing credit for drafting exercises and other written assignments.Note: Grading: 30% class attendance and discussion participation; 30% skills exercises and writing assignments; 40% final examination. The final examination for this course is a self-scheduled, take-home essay exam due anytime between the end of the reading period and end of exam period. There is a 2,500 word limit and students can take up to eight hours to complete the exam. Hull
601:546Electronic 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.Donio, K. Williams.
601:605, 650Employment Discrimination Law (2 or 3) A study of the federal law prohibiting discrimination in employment. The 2-credit version of the course 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, or national origin; and briefly considers the
Americans with Disabilities Act and the Age Discrimination in Employment Act. The 3-credit version includes more coverage of the latter two statutes along with other
sources of federal employment discrimination law. Both courses examine theories of proof, defenses, exceptions, procedures and remedies
under the statutes studied, and specific topics in the field, including seniority, pregnancy-related
discrimination, sexual harassment, and affirmative action.Harvey, Jenoff, Maltz, Rosoff.
601:631Employment Law (2 or 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, Hawkins.
601:532Entertainment Law Drafting (3)Entertainment Law: Executing Deals in the Entertainment Industry
Students will learn key strategies for working with clients on entertainment matters and how to
successfully structure and execute deals in the entertainment industry. Core fundamental legal elements
of representing clients in film/television and the music industry will include an overview of regulations,
legislation (including the Digital Millennium Copyright Act), key case law, such as the Kids on the Block
case, strategies for counseling clients, protecting a client during negotiations, drafting and negotiating
contracts, dealing with risk, avoiding common mistakes, adding value, and developing a positive client-attorney relationship. Topics covered will also include analyzing the roles of key players, such as
lawyers, managers, and agents; evaluating key documents; and developing strategies for counseling
clients, settling disputes, and avoiding future legal issues. Students will engage in lively debate
regarding industry and legal responses to digital audio, video, and interactive media; the George Michael
and TLC efforts to extricate themselves from contracts; and review the ongoing debate over television
violence (the "Devil Movie Made Me Do It" claims of film and television industry responsibility for
tortious and violent behavior) and V-chip.
A large portion of the class will focus on drafting business agreements in connection with film/television
and the music industry. As a class, we will choose a popular music artist, and we will then act as legal
counsel to that artist in creating, drafting, negotiating, etc. all documents and registrations necessary to
protect the artist and his or her property. Weekly assignments will follow the career of the artist from
initial song-writing/creation protection (including composer and producer agreements, creation and
filings for publishing companies, copyrights and protecting compositions) to personal management
agreements, performance and synchronization agreements, recording contracts, releases (including
depiction and copyright releases) through potential offers to appear on television (actor employment
agreements), and concert performances to recording deals to movie/film/television offers.
This course is not a substitute for intellectual property, copyright, antitrust, labor law, media law, or tax since none of these areas is examined in depth in the class. Intellectual Property or Entertainment Law is recommended but not required. Andrews
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?No technical background is necessary. Recommended: Courses that examine regulatory issues, e.g., Administrative Law, Health Law, and Regulation of Land Use. Oren
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. 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. Wise, Demirjian.
601:598Environmental Regulation of Business (2)This course will address the multiple ways in which environmental laws intersect with and govern business practices.
Topics to be 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. The course will examine environmental federalism and citizen enforcement of
environmental laws, and focus on how federal and state environmental agencies, the regulated community, and
environmental groups interact in addressing environmental management standards for business practices. The course will explore 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.
Basic principles of environmental law are introduced before analyzing the narrower context of the topics addressed in the course.
Miano, Wise.
601:627Estates 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.Eutsler, Hinkle, Hyland, Oren.
601:557Estates and Trusts II-Estate Planning (2 or 3) A continuation of Decedents' Estates and Trusts I. Topics include powers of appointment, future
interests, life insurance, charitable giving, estate and trust administration, including powers and duties of
fiduciaries, and an overview of the Wealth Transfer Taxation system, culminating in advanced estate
planning techniques.
Prerequisite: Decedents' Estates and Trusts I. Recommended for students who intend to practice in the field of estate planning. Eutsler, Hinkle, Hyland.
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.Strongly recommended: Criminal Law and Constitutional Law. Andrews, Ferzan, Gavin, Sabatino.
601:521, 555Evidence 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.Prerequisite: Evidence. Especially recommended for students who are or will be taking Trial Advocacy or the Civil Practice Clinic. Gavin, Leise, Mellon, Sabatino.
601:564Families Across Borders (3) In our increasingly migratory and globalized world, as intimate partners, parents, and children
travel across state and international borders, families may have ties to multiple legal systems,
either sequentially or simultaneously. This course will use readings, case studies, and simulations
to consider some of the legal issues that arise. The course will examine:
1. Uniform and federal laws and treaties designed to reduce disruptive effects on families
with ties to multiple legal systems, such as the Uniform Child Custody Jurisdiction and
Enforcement Act, Parental Kidnapping Prevention Act, Hague Conventions and the
Dream Act;
2. The positive and negative impact on different types of families of
a. significant differences in domestic relations norms between different states and
across international borders,
b. U.S. federal constitutional, human rights, benefit laws (e.g. Defense of Marriage
Act), immigration law and policy, and
c. international human rights laws.
3. Advocacy and litigation seeking recognition and protection of
a. the right to form and maintain family and intimate relationships;
b. assistance in the resolution of family disputes; and
c. protection from violence perpetuated by other family members or outsiders (as in
the case of child abuse, intimate partner violence, and child sex trafficking).
As context, the course will provide students with some background in the global political and
economic forces impacting families, the normative debate about the existence and content of
universal human rights and the role of particular religious, cultural, regional, and national values
in creating substantive variations in domestic relations law.
The course will also consider the
role of nongovernmental organizations, human rights advocacy, and global information networks
as resources for supporting family life internationally.
All students will complete short writing assignments and participate in simulations, including
oral arguments. Limited Enrollment 20 students; W/S, WI optional; no final examination.Freedman
601:603Family Law Motion Practice (3)A skills course focused on motion practice in the family part of the Superior Court of New Jersey. The course components include interviewing/counseling; drafting of pleadings; and oral argument on various
family law issues including custody, support, and equitable distribution issues.Recommended: Prior or concurrent enrollment in Family Law is strongly encouraged, but not required. Note: The course will follow the usual schedule for evening 3-credit courses of two double classes one week, followed by one double class the next week. However, students would be expected to be available on Wednesdays from 8:10-10 p.m. on off weeks for extra meetings. Nissen, Hymerling, Owens.
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, Mutcherson.
601:624Family Mediation (3)Trains students in the fundamental processes required for participation as a neutral in successful
divorce mediation and also as the lawyer for one of the parties, including negotiation and
facilitation. The class will examine strengths and weaknesses of divorce mediation as an
alternative to traditional divorce litigation. Classes will focus on the principles of mediation and
family law, and will include substantial role-play exercises.Viniar
601:729Family Mediation Clinic (4)The Mediation Clinic involves a seminar component and a practice component where students
mediate disputes for litigants. Students will receive specialized training during classroom time,
will review casework, and receive feedback. Students will be mediating custody/parenting
matters for the Camden County Courts at their Cherry Hill location. The Family Mediation Clinic
provides students with the opportunity to gather and organize information, and use mediation
processes and techniques to help litigants resolve their matters.Prerequisites: Family Mediation or a New Jersey Superior Court-approved 40 hour divorce mediation training program meeting Court Rule 1:40. Students must have successfully completed all required first year courses and be in good academic standing. Exclusions: No cross-registration with externship or clinic without permission of instructor. Special Note: Course meets in a two-hour block once a week. Students must be available at times other than the scheduled class hours to accommodate scheduled mediations. Students must be available to perform custody/parenting mediations for the Camden County Court in Cherry Hill at specified times. Viniar, Hawn
601:692Federal Courts (3) The federal judicial system; judicial review; standing, ripeness, mootness, and political
questions; congressional control over the judiciary; conflicts between state and federal
courts; appellate jurisdiction of the United States Supreme Court.
Stein
601:529Federal Criminal Law (2)The scope of federal criminal law has broadened significantly in recent years, with the result that
a great number of traditionally state-law crimes may now be prosecuted federally. This
federalization of the criminal law raises a number of important legal and policy issues involving
the proper role of the federal government. At the same time, economic and political events have
increased the importance of the federal criminal law as a tool to combat traditional federal
offenses such as civil rights violations, financial crimes, and terrorism. This course will examine
both trends, with a particular focus on the appropriate relationship between federal and state
criminal law.
Hillman
601:628Federal Prisoner Reentry Clinic (4 or 6)Students will represent ex-offenders in resolving civil legal matters that present significant barriers to successful
reintegration into society. Students will work with federal probation officers to identify clients' legal issues, and
students may visit a federal correctional facility to interview new clients. Typical cases involve outstanding arrest warrants, driver's license suspensions, and child support. Under the
supervision of the managing attorney, students will work in teams and handle cases from initial intake through
resolution. Students will interview and counsel clients, appear in court, and perform legal research and writing as
required. Students may appear before administrative tribunals as well as municipal and superior courts in all parts of
New Jersey. In addition to providing high-quality legal representation, students will participate in a seminar, which will include
lecture and discussion on topics including lawyering skills, ethical issues, and issues of substantive law.
Limited Enrollment. W, S, and WI optional.Prerequisites: Completion of 56 course credits as well as the courses in Professional Responsibility and Evidence. Exclusions: No simultaneous registration with externship or another clinic without permission of instructor.McLaughlin
601:542Fiduciary Law (3)Study of the fiduciary relationship and fiduciary duties. The role of fiduciaries is important in
many areas of the law, including trusts and estates, agency, business organizations, securities regulation, and professional responsibility. This course will explore the philosophical and
historical foundations of fiduciary law, when and why fiduciary relationships arise in the
common law, and the particular duties imposed. The course also will contrast common law
fiduciary duties with statutorily imposed duties. The first part of the course will focus on competing theories of the fiduciary relationship from both positive and normative perspectives, such as trust, contract, and incentive-based theories--exploring how the twin duties of loyalty and care fit into each. The second part will address specialized topics, including particular prohibitions imposed by fiduciary law (such as the prohibition on insider trading), when fiduciary duties can be negotiated between and among the parties to an agreement, and fiduciary duties imposed on particular professionals (such as company directors, partners, trustees, stockbrokers, and lawyers). Research paper or final examination.Prerequisite: Business Organizations.Laby
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 branch, 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, Galbraith
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.Prerequisite: Constitutional Law.Rosenblatt
601:512Fundamentals of Legal Analysis (2)This 2-credit pass/fail course is designed to provide students with an understanding of the bar review
and bar examination process, with a primary focus on the New Jersey and Pennsylvania bar
examinations. The New York bar exam will also be addressed briefly. The course is designed to help students master the specific skills needed to successfully complete the three major components of any bar
exam: (1) the multiple choice questions; (2) the essays; and (3) the performance test portions. The course
is designed to instruct students how to learn from and utilize bar review outlines and lectures. Students will learn how to employ self-regulating learning theory techniques to memorize and apply
specific topics from bar-tested subjects to practice bar exam questions, including multiple choice, essay,
and performance test questions. Students will also learn how to self-assess comprehension and
individual performance; skills critical to success on the bar exam. The course will also address student
attitude, stress, and time management as related to the bar exam and provide specific skills to help
students manage these factors. The course is not designed to provide a review of the substantive law tested on the bar examination. Nor
is the course designed to replace or be a substitute for a comprehensive, commercial bar review course. Prerequisite: Permission of instructor. A. Baker, A. Nissen.
601:593Great Books of the Common Law (2 or 3)To Max Weber, the civil law was superior to the common law. He believed that the civil law
decides cases rationally while the common law is wholly irrational. The goal of this course is to
figure out whether Weber was right. It turns out that the answer to Weber's challenge can be
found in the great books of the common law. However, unless Weber's question is taken
seriously, these books are impossible to read. We will read excerpts from Blackstone, Holmes,
Maitland, Cardozo, Llewellyn, Hart and Sachs, Gilmore, Roberto Unger, Richard Posner, Mary
Jo Frug, Pat Williams, and Roger Fisher.Hyland
601:578Health Care Fraud and Abuse Law (2)This course explores the issues of fraud and abuse in all aspects of health care programs,
and provides a background in federally funded programs like Medicare and Medicaid. At the conclusion of this course, students should be familiar with (1) the False Claims
Act 31 U.S.C. 3729, et seq.; (2) the Anti-Kickback Act 41 U.S.C. 51, et seq.; (3) the Medicare/Medicaid Anti-Kickback Act 42 U.S.C. 1320a-7b(b); (4) the Stark Laws; (5) the mail, wire, and health care fraud statutes 18 U.S.C. 1341 et seq.; and (6) the fraud implications of violations of state law (fiduciary duty, commercial bribery, and state licensing statutes). The student should be able to apply these laws (and governing regulations) in the
following contexts: (1) choosing and investigating cases (prosecution), (2) responding to investigations (defense), (3) identifying and preventing violations of these laws (compliance), (4) allocating risks of fraudulent or violative acts among parties (transactions), and (5) representing a whistleblower. This course will examine use of these statutes (and governing regulations) in the following health care contexts: (1) hospitals and health systems, (2) nursing homes and skilled nursing facilities, (3) health maintenance organizations and their subcontractors, (4) physicians and dentists, (5) pharmacists and pharmaceutical companies, (6) ancillary services (medical equipment, therapies, and supplies), (7) laboratories, and (8) mental health/substance abuse facilities. Bocian, P. Katz.
601:514Health Care Transactions (3)Introduces students to a transactional practice in the health care sector. Combines, in a
simulation, a study of case law, statutes, and regulations applicable to the type of transaction
studied, and the practical means of accomplishing the transaction. Students engage in real-world
exercises that involve learning how to obtain the requisite facts, drafting various documents, and
providing legal advice. Students will draw on substantive doctrinal issues such as health care
fraud, nonprofit tax law, reimbursement, and privacy requirements, as well as general corporate
and contract law. Students are exposed to various parts of a transaction, including structuring the
deal and creating important operational agreements like employment contracts with key medical personnel.
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.Frankford, Swartz.
601:614Health Law (4) This course is designed to be a comprehensive, in-depth examination of law and health
care delivery. The course 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 rights to emergency care; health insurance benefits design and coverage decisions (e.g., denial of coverage on grounds of experimental care or lack of medical necessity); the impact of the federal ERISA law; Medicare and Medicaid; ERISA preemption of state
regulation and tort remedies; the Americans with Disabilities Act; payment of hospitals, doctors,
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; privacy rights and other aspects of HIPAA;
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. The course also covers health reform efforts at the federal and state levels, including recent federal developments, and the legal, market, professional, and other dynamics of the health care system.Frankford, Rosenblatt.
601:809Health Law, Policy, and Community Colloquium (3)This class will explore the interplay between health law and policy and social, economic, and
cultural health drivers. We will analyze the basic structure of the health care system and the laws and
policies that define it, including "Obamacare," the private and public insurance systems, and patient
protections such as informed consent requirements and antidiscrimination laws. Special attention will be
paid to how these policies interact with factors such as race, socioeconomic status, and gender to
influence the health of different communities. While the course will primarily address U.S. law, we will
also touch on international and comparative law approaches. Students will explore the topics using in-class exercises, group projects, and other interactive approaches. The course will have no exam, and
grades will be based on written assignments (both individual and group) and class participation. Please note that this course will meet in the Graduate School-Camden and follow the graduate school's
academic calendar.Kaplan
601:638Health Law Policy: The Global HIV/AIDS Epidemic (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.Recommended: Constitutional 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
601:566Human Rights Advocacy and Litigation (4) This four-credit course will combine class study of international human rights litigation with
substantial written assignments prepared at the request of nonprofit litigators and human rights
groups. The course will meet two hours a week, plus additional group meetings every week.
Students will research and write briefs, complaints, memos, and reports for nongovernmental,
nonprofit human rights litigators and advocates. Class time and assigned readings will study
domestic and international human rights advocacy mechanisms and explore the legal, strategic,
ethical, and theoretical issues raised by such work. Some classes will focus on issues triggered by
the particular projects assigned that semester. Outside class, students will work on projects in
collaboration with one or more other students. Projects will be designed to expose students to the
different tools available to promote respect for human rights and to integrate the theory and
practice of human rights advocacy. Assignments will vary each semester. All assignments will
require extensive research and writing. The clinic will provide significant opportunity to develop
international human rights law research and writing skills. Enrollment will be limited to eight students.
Prerequisite: Enrollment with consent of the professor. Stephens
601:611Immigrant Justice Clinic (4 or 6)Students in the Immigrant Justice Clinic will represent low income immigrants in matters at the
intersection between immigration law and state law. Under the supervision of a clinical professor, students are responsible for all aspects of the representation including interviewing and counseling clients, preparing witnesses, engaging in fact development, conducting legal research, drafting litigation documents, and oral advocacy. Students may also have the opportunity to assist immigrant clients with landlord-tenant, family law, post-conviction relief, and other matters, and to engage in research and advocacy on issues affecting the immigrant community. In addition to their case work and advocacy, students will attend a twice-weekly seminar focused on lawyering skills, ethics, and substantive law. Students enrolled in the clinic will receive 4-6 academic credits (depending whether they are enrolled
during the summer or during the academic year), and skills and writing credit. Optional writing intensive credit will also be available.
Special Note: In addition to class sessions, students in the course must also be available at times other
than the scheduled class hours to attend hearings and meet with clients, classmates, and the supervising
professor. As a result, students must have some flexibility in their schedules, particularly during
business hours, to permit them to accommodate these additional time demands. This clinic may involve
some travel to Immigration Court in Newark and to other venues in South Jersey. Prerequisites: Status as a senior as defined in Rule 1.5 and a course in Professional Responsibility. Recommended: Immigration Law and Evidence. Permission of instructor required. Students may not simultaneously enroll in the law school's Externship Program and a clinic without permission of both supervising professors. Students may not simultaneously enroll in another clinic and the Immigrant Justice Clinic. All students taking this clinic must be in good academic standing. Academic and disciplinary records will be verified with the dean of students. Gottesman
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)A simulation course in counseling and litigation in immigration practice. Covers the primary
areas that immigration lawyers encounter: family law, including marriage cases; Violence
Against Women Act; fraudulent documents; removal; political asylum and withholding of
deportation; naturalization; business visas; and criminal law in the immigration context. Simulations and writing assignments may include: preparing a 601 waiver application
packet and memorandum; 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
immigration examiner in an asylum case, including applicant's affidavit and background
information on the applicant's country. Writing assignment in lieu of final exam.Prerequisite: Immigration Law.Wood
601:660Insurance Law (2 or 3) An introduction to insurance and insurance law. Basic concepts of risk, risk spreading, and
insurance. Interpretation of the insurance contract and application of doctrines such as waiver, estoppel, misrepresentation, and damages. Selected topics in health, life, property, and liability insurance. Rights and duties among insurer, policyholder, tort victim, and attorneys. Insurance regulation.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.
601:799International Business Practicum (5) Surveys the principal issues raised by the economic, political, and legal integration of sovereign states, with particular emphasis on the tension between free trade and domestic policies (such as
labor, environmental, and consumer protection policies). Covers the institutional and legal
aspects of the World Trade Organization and the North American Free Trade Agreement, and
draws comparatively from European Union law in order to illustrate the various levels of (and
roads to) integration. Provides students with the theoretical and practical knowledge necessary to
read any other free trade area treaty (e.g., MERCOSUR), and understand its working and the
policy choices made by its drafters. Topics covered include: free trade theory; tariffs and
customs law; nontariff barriers to trade; trade and the environment; trade and intellectual
property; antidumping law; subsidies and countervailing measures; government procurement;
and institutional and constitutional dimensions of free trade areas. Writing credit. Legal documents totaling less than 5,000 words with substantial feedback. Afilalo
601:630International Business Transactions (3) Surveys legal problems associated with crossborder commercial and financial transactions. Topics include crossborder 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); crossborder 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 crossborder agreements.Afilalo
601:505International Commercial Arbitration (2 or 3)This course presents an introduction to the law and practice of international commercial arbitration. 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, whereby arbitral awards can be enforced abroad more easily than domestic court judgments. This course covers the drafting and enforcement of arbitration agreements; the law applicable to arbitrations; the selection of the arbitral tribunal; the jurisdiction of the arbitral tribunal; the preparation and presentation of cases before an arbitral tribunal; and the recognition, enforcement, and setting aside of arbitral awards. This course will also review recent decisions by the U.S. Supreme Court
relating to international commercial arbitration.
The course will use the issues presented in the Willem C. Vis International Commercial Arbitration Moot problem as an integral part of the learning experience. Students will prepare and present written and oral submissions on the problem. The students comprising the Vis International Commercial Arbitration Moot
Team will be selected near the end of the semester. The selection will be based on the quality of the submissions and participation in class. Any student interested in international commercial arbitration is eligible to take the course once the student has successfully completed Contracts, a prerequisite
for International Commercial Arbitration. Prerequisite: Contracts. Strongly recommended: Introduction to the Uniform Commercial Code (UCC), Conflict of Laws, International Sales. Levin, Parvey.
601:654International Criminal Law and Criminal Justice Policy (3) This is a course on the cutting edge of modern international law. It deals with topics such as
jurisdiction over crimes crossing international borders, foreign corrupt practices and corruption
in general, extradition, international prisoner transfers, the Nuremberg and Tokyo Trials, the
International Criminal Court, terrorism, piracy, war crimes, genocide, crimes against humanity,
and the general part of international criminal law.Clark
601:559International Environmental Law and Policy (3)This course explores the role of formal and informal law in the management of international
environmental problems. The course will begin with a brief introduction to public international
law as it relates to the environment and a discussion of what "international environmental law" means. Participants in the course will study a range of environmental issues, legal sources, and
institutions. The course will include consideration of international environmental treaties; the
role of the International Court of Justice in identifying and establishing international
environmental law; international regulation of private conduct that affects the environment and trade; human rights and the environment; and the relationship between domestic
and international law. Distance learning. Writing credit; no final exam. Assessment will be based on a series of papers and a
class presentation.Payne
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
601:652International 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) Focus on the law of international sales, with special attention to the Convention on
Contracts for the International Sale of Goods (CISG) and other national and transnational laws
governing sales between borders. Topics covered include but are not limited to the differences
and similarities between the CISG and Article 2 of the Uniform Commercial Code; use of the
CISG and other authorities in international dispute resolution; and potential future unification of private international law on contracts.Strongly recommended but not required: Introduction to the Uniform Commercial Code (UCC) or Sales. Adler, Hyland.
601:695International Trade Regulation (2)Surveys the principal issues raised by the economic, political, and legal integration of sovereign states, with particular emphasis on the tension between free trade and domestic policies (such as
labor, environmental, and consumer protection policies). Covers the institutional and legal
aspects of the World Trade Organization and the North American Free Trade Agreement, and
draws comparatively from European Union law in order to illustrate the various levels of (and
roads to) integration. Provides students with the theoretical and practical knowledge necessary to
read any other free trade area treaty (e.g., MERCOSUR), and understand its workings and the
policy choices made by its drafters. Topics covered include: free trade theory; tariffs and
customs law; nontariff barriers to trade; trade and the environment; trade and intellectual
property; antidumping law, subsidies and countervailing measures, government procurement;
and institutional and constitutional dimensions of free trade areas.Afilalo
601:612Internet Law (3)This course will provide students with a broad survey of how digital technologies and computer
networks have challenged the existing legal order. The course will cover diverse issues,
focusing on current cases and controversies. Past topics have included: the regulation of search
engines, digital property rights, online contracting, computer hacking and cybertrespass, free and
open source software, Internet jurisdiction, domain name cybersquatting, digital copyright laws,
the regulation of unsolicited email, and virtual worlds. It should be emphasized that the focus of
this course is on law and policy. No special technical background is required or expected.Lastowka
601:520Interviewing and Counseling (2)Theory and skills of the 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, and techniques of problem solving. Simulations enable students to develop a beginning level of proficiency in these skills.
Exclusion: Students who complete this course may not enroll in 601:647 Interviewing, Counseling, and Negotiation. Klothen, Lore, Mallgrave.
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 will be based on several individually performed simulations and on short papers, as well as class participation.Exclusion: Students who complete this course may not enroll in 601:520 Interviewing and Counseling. Students who have taken either Interviewing and Counseling, or Negotiation, may not take this course. Katz, Klothen, Shore.
601:771Intramural Mock Trial Team (2)The Intramural Mock Trial Team is open to all first- and second-year law school students by audition, which takes place in the spring. There are no prerequisites for this program. Students accepted for participation in the fall intramural competition will be assigned mentors to assist them in preparation for the fall competition. The competition will be conducted in the fall in three separate rounds, and students will be scored on an individual and team basis. The highest scoring students may be offered positions on Rutgers Trial Advocacy Competition Team, which competes regionally against other law schools. Students receive 2 graded credits in the fall, and this course satisfies the skills course requirement.Stahl, Gavin.
601:649Introduction to Federal Income Taxation (4) This course concentrates on the federal income taxation of individuals--although many of the
concepts apply to nonindividual taxpayers (corporations, trusts, and estates) as well. The basic components of the tax are: gross income, deductions, adjusted gross income, exemptions, credits, basis, capital gains and losses, rates, and the rules governing who is a taxpayer. Special attention will be devoted to the tax policies underlying the Internal Revenue Code, treasury regulations, IRS rulings, and court cases.
This course is a prerequisite to all other tax courses. Davies, Livingston, Stewart.
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, or dictatorial fiat) and how
can one identify them or, put a little differently, choose claims about the law governing a
particular transaction? 2. What are the principal values that the legal system expresses? 3. What are the principal institutions for making and applying the law? 4. What is the legal system's relationship with other legal systems (cf., the relationship
between state and federal law in the United States)? 5. What kinds of activities by what kinds of people or entities are governed or affected by
the system? 6. What are its most important substantive and procedural norms?
Question 1 requires explication and comparison of treaty, custom, and universal legal
principles as sources of international law. Question 2 leads to consideration of the idea of
national sovereignty and to provisional appraisal of claims that value--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, are also covered.
Questions 4, 5, and 6 are closely related, 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, use of force, and protection of human rights. Adler, McLeod, 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.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. Ryan
601:665Introduction to the Uniform Commercial Code (UCC) (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 (UCC) as well as international
dimensions of commercial law. The student will be required to digest, deconstruct, and synthesize with the applicable legal principles of commercial law the very complex factual patterns presented in the cases in the textbook. In addition, while the primary emphasis of the course will be on cases, we will
also devote a considerable amount of time to the statutory provisions of the UCC that are cited in
the cases or the text. 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.Prerequisite: Contracts. Exclusion: Students who have previously taken Sales or Secured Transactions may not take this course. Barkasy, Hyland, Patterson, Ryan, Sablove.
601:685Introduction to the Uniform Commercial Code (UCC): Comparative Sales (3)Examines the law of sales from a comparative perspective. This course has several goals. The first is to explore in-depth the substantive sales law of the Uniform Commercial Code (UCC). Second, it will focus at length on the particular difficulties of working with the UCC as a codification. Third, class discussion will examine how to construct a convincing solution to the complicated fact patterns that often arise in the sales context. Finally, the course will compare the UCC with other contemporary sales laws. Particular emphasis will be placed on the Convention for Contracts for the International Sale of Goods (CISG). Examples will also be drawn from civilian sales law, particularly from French and German law. Knowledge of foreign languages is not required.Note: This course counts as the introductory course in the commercial area and has no prerequisites. It may not be taken by those who have taken, or are currently taking, another Introduction to Commercial Law.Hyland
601:672Jewish Law (3) Selected readings of articles and translations of original sources on a range of topics. These include abortion, medical malpractice, medical enhancement, the role of lawyers, homosexuality, privacy, legal ethics, self-incrimination, gambling, tort law, marriage and divorce, and law and morality. 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 and how Israeli courts have used Jewish law in their decision making.Assigned readings are in English. Prior knowledge of Judaism is not required. Friedell
601:783Journal of Law and Public Policy (P1)The Rutgers Journal of Law and Public Policy has become a premier forum for articulating the
vital intersections between the law and public policy. Grounded in the ever-deepening awareness
that interdisciplinary investigation is crucial to an understanding of both the law and our culture,
the journal provides a unique intellectual arena for encounters between law and a variety of
disciplines. 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 semester of their second year.Harvey, Ricks.
601:774Journal of Law and Religion (P1) The Rutgers Journal of Law and Religion is one of Rutgers' most innovative and exciting
activities. Students participating in its work develop enhanced research, writing, and
technological skills. Students may compete for editorial positions during the summer between
their first and second years. Students not selected from this initial competition may participate in
an additional writing competition in the spring semester of their second year. Students must complete both semesters to be awarded 1 credit for each of the two semesters of participation. Dane
601:714Judges, Judging, and Politics (3)Exploration of the roles of politics in federal and state judicial selection and of ideology and other political considerations in judicial decision making.McLeod
601:790Judicial Externships (3, 4, or 6)Three credits per semester during fall or spring semesters, 4 by arrangement, or 6
during summer semester. During fall and spring semesters, students will complete 12 hours per week (16 if electing to earn 4
credits) of externship-related activity in the chambers of a federal or state judge, attend classes,
confer with the supervising faculty member regarding progress and learning goals, and complete
other assignments. Placements will be made by the faculty member from among approved
chambers, pursuant to an application process, or may be proposed by a student and approved by
the instructor. For further information about available placements, see the Externship webpage. No more than 6
credits may be earned for a particular placement, and no more than 9 credits may be earned for
Judicial Externship during a student's law school career. Summer students will work 320 hours. Prospective summer students should contact the
instructor during the preceding school year about assistance with identifying placements.
Summer externship may be subject to enrollment limits; see summer registration materials for
current information. All externships are noncourse credit; consult Academic Rules about limit on such credits.Prerequisites: (1) Open to students in their fourth semester or the equivalent thereafter; (2) Each student must have taken or be concurrently enrolled in Professional Responsibility. Note that some judicial placements require students to commit to also staying and enrolling in Judicial Externship II. Katz
601:615Jurisdiction (3) Examines fundamental questions about the idea of "jurisdiction" in the law. The course
asks how questions of judicial jurisdiction differ from other sorts of legal questions, and what the
consequences of those differences might be. Specific topics include the varying criteria for
identifying which legal rules are "jurisdictional," the direct and collateral authority of judicial
decisions rendered in the absence of jurisdiction, the threshold character (or not) of jurisdictional
issues, the possibility of "jurisdiction to determine jurisdiction," waiver of jurisdictional bars,
attitudes to the interpretation of jurisdictional statutes, the special problems posed when
jurisdictional questions overlap with questions on the merits, distinctions between courts of
inferior and superior jurisdiction and between courts of general and limited jurisdiction, notions
of "inherent" and "hypothetical" jurisdiction, judicial immunity, jurisdictional facts and the
preclusive effect of factual determinations made in dismissals for lack of jurisdiction, habeas
corpus as a jurisdictional doctrine or not, the use of jurisdictional concepts in administrative law,
and the doctrine of "jurisdictional time limits."Dane
601:533Juvenile Law and Policy (3)Examines the rights of children in the context of the juvenile delinquency system. How are
children in the juvenile justice system treated differently from adult offenders? To what extent
should they be? These questions provide the focus for examining how the state treats the "aberrant" behavior of children. Students are introduced to the legal, social, and historical
underpinnings of the juvenile justice system in the United States beginning with founding of the
juvenile court in 1899 and then-held assumptions about the nature of childhood. Considers how
in the late-20th century the juvenile court has undergone both ideological and institutional
change from its original form. These shifts in theory are analyzed through critical constitutional
rights case law, case studies, and potential legal remedies. The evidence of psychological and
social science data that have a continuing impact on juvenile court practice and jurisdiction are
also explored. In addition, the overlap between the juvenile justice, education, mental health, and dependency systems are considered. Also examined is how race,
gender, and poverty affect outcomes for children in delinquency court. Students in this course will
have the opportunity to critique a wide range of current juvenile policies (such as zero tolerance
and sex offender registration) and research recommendations for reform.Simkins
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.
601:679Landlord/Tenant Law (2)
This course will examine common law and statutory approaches to landlord-tenant law, with an emphasis on New Jersey's unique Anti-Eviction Act. We will also cover the various federal public housing programs, including the Housing Choice Voucher program (commonly known as Section 8). We will explore theoretical as well as practical approaches to the material.
McLaughlin
601:549Land Use Law and Policy (3)This course examines how the development and preservation of land is shaped and controlled through government regulation. Among the major issues this course will examine are: the law of zoning, the
constitutional constraints on land use regulation, and the establishment and enforcement of subdivision
controls, building codes, and other development regulations. The course will explore several current
topics in land use regulation, including exclusionary zoning, environmental justice, smart growth, and
historic preservation. Students will approach these questions from both theoretical and practical vantage
points, and will be required to conduct research on how land use regulations are implemented in "real-world" situations.Exclusion: Students taking this course cannot also take Regulation of Land Use (601:636).Thomas
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 the common and public law.Special Note: If enrollment is 14 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. Harvey, Swedloff.
601:778Law and the Holocaust (3)Consideration of the implications of the Holocaust for law and legal theory. Topics to be
discussed include philosophical issues (natural law, positivism, and whether the Holocaust was a
"legal" or "illegal" phenomenon); practical differences between racial statutes, including the
Nuremberg Laws, South African apartheid, and the American Jim Crow statutes; and reparations
for the Holocaust and other large-scale human rights abuses. The course will begin with
approximately 4-6 weeks of background readings, with the remainder of the class being devoted
to student presentations culminating in an original research paper.
Livingston
601:760Law Journal (P1) 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 semester of their second year.Students must complete both semesters to be awarded 1 credit for each of the two semesters of participation. Andrews, Williams.
601:534Law, Justice, and Society (3)Surveys selected topics in social, political, and legal theory, emphasizing in particular recent
philosophical work concerning legal authority and political legitimacy, democratic theory,
distributive/economic justice, the theory of rights, as well as narrower topics like abortion and affirmative action.Oberdiek
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
601:558Law of the European Union (2)General introduction to the legal system of the European Union (EU), 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 the North American Free Trade Agreement (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 workings and the policy choices made by its
drafters. Three basic areas are covered: (1) the constitutional and
institutional setting of the EU and
its historical evolution, (2) substantive trade rules, and (3)
comparative materials from WTO
and NAFTA.Afilalo
601:687Law, Religion, and Morality (3)Religion, law, and morality are three abiding impulses among human beings and forces in human
history. Yet the precise relationships among the three have long been subjects of doubt and
debate.
This course seeks to explore the following six distinct problems:
(1) What role can or should morality play in law and legal reasoning? In particular, (a) is
consistency with morality a part of the very definition of a valid law, (b) in any event, can or
should the law incorporate or directly enforce moral rules, (c) how have various historic trends in
legal thought understood the answers to these questions?
(2) Is morality itself an essentially law-like set of rules, or something else?
(3) What is the role of legal or law-like rules in religious life? How have various religious
traditions (for instance Judaism and Christianity), and competing strands within those traditions,
understood whether something called "law" is central, peripheral, or even adverse to the life of
the spirit, and how have those attitudes shaped more general understandings about the meaning
and significance of secular law and politics.
(4) How has, and how should, religion figure in the development of secular legal systems? What
has been the fate of efforts, as in some Islamic nations, to incorporate religious law directly into
the law of the state?
(5) What is the place of religion in moral reasoning? In what sense, if any, did moral thought
arise out of religion? And can or should moral reasoning detach itself from religious influences
and modes of thought?
(6) What is the place of morality in religious life and thought? Can there be conflicts, even from
within a given religious tradition, between morality and the demands of religious faith?
We'll also try to examine the resemblances, connections, and differences among these questions,
and ask whether the various arguments can illuminate each other. Our readings will be
philosophical, jurisprudential, legal, religious, historical, and anthropological. The hope is not to
deal with any of these topics exhaustively, but rather to clarify a set of important questions, dig
into selected treatments of those questions, and provoke lively discussions along the way. This is not (except for occasional discussions) a course in church-state relations or religious
liberty. Rather, it focuses on a broader set of questions about the relations among law, morality,
and religion as concepts, institutions, forms of reasoning, and aspects of culture and lived life.
Dane
601:701LAWR Board (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.
601:751LAWR Teaching Assistant (2) Students earn 2 credits in the fall semester as teaching assistants of the first-year Legal Research and Writing Program. LAWR Faculty
601:688Legal Responses to Family Violence (3)Examines how the state responds to family violence through domestic violence law, the child custody
system, and the child welfare and dependency court systems, with particular attention on the areas of
intersection among systems. Case studies, videos, and speakers supplement assigned readings on civil
and criminal domestic violence law, divorce and child custody law, and the child welfare and
dependency court systems, with emphasis on New Jersey and Pennsylvania. Students observe domestic
violence hearings, and participate in simulations of various stages of cases involving family violence
issues and study how civil, criminal, and family court proceedings affect the children, families, and
professionals involved in the domestic violence, child custody, and child welfare systems. Public health
perspectives on causes and prevention of family violence and reform initiatives will also be considered.
Grades will be based on a final paper and class presentation on a legal and policy issue or reform
initiative, as well as short writing assignments, simulation exercises, and class participation. Prior or concurrent enrollment in family law or the pro bono domestic violence program is encouraged. 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. Students who take this course may also take Child Abuse and Neglect, Domestic Violence Law and Social Change, Domestic Violence Practice and Procedure, and Domestic Violence Clinic. Freedman
601:739LGBT Individuals in American Law and History (3)One of the cutting-edge areas of civil rights law in the 21st century is also one of
the oldest in American legal history: the sexual and personal expression civil rights of LGBT
individuals. The legal basis for nearly every discriminatory law challenging the LGBT
community today can be traced to the colonial American laws (brought over from Great Britain)
criminalizing "sodomy" and regulating cross-gender modes of dress. A long struggle to
overcome the colonial sodomy statutes only triumphed in 2003 with the U.S. Supreme Court's
decision, the case Lawrence v. Texas. But the nefarious legacy of the sodomy laws extends to
many other areas of law with which we have had to grapple: the history of homosexuals serving
in the military and their legal right to do so; the challenge to obscenity laws applied to
homosexual political pamphlets, poetry, and fiction; the right to teach in public schools; to adopt
children; the right to be free from discrimination in the workplace and public accommodation;
the right to same-sex marriage. This course will follow the many threads of this legal odyssey
from the 17th continuing into the 21st centuries. Course materials will include two or three inexpensive books, weblinks, and xeroxed materials available through the bookstore. Students
will be required to participate in class discussions. Self-scheduled final exam.Hull
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.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. A. Donio, Schneider, Stein, K. Williams.
601:661Local Government (2 or 3)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.Smith, Maroccia.
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
601:552Mediation Practicum (2)This course allows students to build upon the concepts and skills learned in the basic Alternative Dispute Resolution course. It provides both a theoretical and practical approach to the use of mediation in the courts
and community. Theoretical: Students will be required to write a paper on a key aspect of mediation, such as confidentiality, immunity, or challenges of specific case type mediations. The paper must be a minimum of 20 pages, excluding footnotes. Students will also be required to make brief, 5-10 minute, in-class presentations on their selected topics. Clinical: There will be several guest speakers, including judges and lawyers, who are intimately involved in the use of mediation and can provide a practical perspective to students. The student
will also engage in numerous role plays and exercises illustrating the skills necessary to both effectively mediate cases and to advocate a client's position in a mediation forum. Students will be strongly encouraged to participate in the Rutgers pro bono mediation project and/or other
community mediation programs. The professor will assist interested students in obtaining
volunteer/mentoring experience.Prerequisite: Alternative Dispute Resolution or permission of instructor. The professor is available to meet with students as prearranged either before or after class or any other mutually agreed upon time. Petrilla-Sagnip
601:640Medical Malpractice Litigation (5) Combines coverage of substantive medical negligence concepts with focused pretrial workup and trial advocacy elements. Each of the elements overlaps the others so the students are taught an integrated practice area. The course is taught around a text, selected cases, and a case file used for the advocacy component. Students will work up and litigate a malpractice case. They will interview, draft pleadings, and take discovery before applying what they have learned to trial component exercises and the final exercise
of a complete trial. Grade will be based on writing and skills performances, class participation, and attendance. No exam.Prerequisites: Torts (Evidence recommended). Students may take this course before or after Pretrial or Trial Advocacy. Students may not take this course and Litigation. Stahl
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.Prerequisite: Business Organizations or permission of the instructor. S. Robbins
601:568Military Law (2)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 and the imperatives of
national security. 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 both high-profile courts-martial--the
prosecution of repatriated Korean War POW's 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. Explores the new military
tribunals, reviewing the rules and guidelines, the infrastructure the military has created to manage them, public and scholarly reaction, and any available materials about actual prosecutions that are underway or have already taken place. Papers in lieu of examination.Odegard
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. Recommended: A strong background in legal research and writing/moot court. Participants need not be of Latin descent.
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. Prerequisite: Competitors must have participated in the Hunter Advanced Moot Court program.
601:554National Resources Law (3)This course is a survey of federal natural resources law, with an emphasis on current legal issues and a
focus on judicial resolution of disputes. The course will cover environmental planning; wildlife
protection; public lands management, including forests, rangeland, and recreation land; fisheries and
marine resources; energy resources; and minerals. Throughout the course, we will discuss the history
and politics of natural resources law, as well as the practical aspects of practicing in this area.Kovacs
601:601Negotiable Instruments (3)This course examines both the law that governs the check system in the United States as well as
its practical operation. The discussion explores issues that arise both in daily life and in the
practice of law. If someone steals your checkbook and cashes your check, when are you liable to
the bank? If you buy a defective widget and then stop payment, can the seller sue you on the
check? If you guarantee your friend's car loan, when can the creditor sue you? By the way, when
you win that million dollar verdict, who should be listed as payee on the check, you or your
client? No matter what type of law you intend to practice, you will want to know the answers to
these questions. The course also explores the intricate system by which banks collect checks in
this country. The course includes a field trip to one of the local check processing centers.Prerequisite: One previous course in Commercial Law (either Introduction to the Uniform Commercial Code, Sales, or Secured Transactions).Hyland
601:544Negotiation (2 or 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.Exclusion: Students who have taken 601:647 Interviewing, Counseling, and Negotiation may not take this course.Katz, Klothen, Shore.
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.Cook
601:569New Jersey Supreme Court (2)New Jersey Supreme Court: Powers and Relationships This course will: (1) explore the powers of the New Jersey Supreme Court under the New Jersey State Constitution and as described in the court's opinions; (2) review cases in which the court exercises its power as a common-law court; (3) consider representative opinions of the court and of other state supreme courts and the United States Supreme Court in order to understand the interactions between those other courts and the New Jersey Supreme Court; and, (4) examine the relationships between the legislative, executive, and judicial branches of government in New Jersey through analysis of decisions that directly address those relationships, including decisions that invalidate acts of the other branches.Poritz
601:757Origins of Modern Financial Regulation (3) This course examines the history of modern financial regulation, with special emphasis on the
U.S. federal securities laws passed between 1933 and 1940, as well as the birth and early
development of the U.S. Securities and Exchange Commission. The course begins with a
discussion of the passage of the Securities Act of 1933, enacted as part of FDR's First Hundred
Days, and will then cover passage of the Securities Exchange Act of 1934, which created the
SEC and established the regulation of stockbrokers. We will study the enactment of three other
laws, the Public Utility Holding Company Act, the Investment Company Act, and the Investment
Advisers Act. Broadly speaking, the readings will present rival views of financial legislation and
government regulation, an investor protection view, holding that the laws were passed to protect
investors from fraud, and an interest group view, stating that the laws were enacted in response to
pressure by firms seeking protection from competition.Laby
601:525Partnership Taxation (2 or 3) Federal income taxation of partnerships and their partners, limited liability companies that are
taxed as partnerships, and Subchapter S corporations that are taxed in a similar manner. Topics include entity classification, the formation and structuring of partnerships, partnership operations and distributions, the allocation of partnership income and deductions among partners, the acquisition and disposition of partnership interests, and the liquidation of partnerships.
Prerequisite: Introduction to Federal Income Taxation. Partnership Taxation is designed for both tax and nontax students.Davies, Jacobs.
601:696 and 601:722Patent Law I (2) and II (3)Patent Law I 601:696 The patent system, its underlying policies, and the statutory requirements for patentability under
U.S. law. The course also compares and contrasts U.S. and foreign patenting and surveys
practice under the Patent Cooperation Treaty (PCT). It considers patent property and contract
rights, antitrust and misuse considerations, and tax aspects. Patent Law is the basic patent course, offered both for students interested in becoming patent attorneys and for those seeking a general knowledge of the subject for corporate or litigation practice.
This course is a prerequisite for both Patent Litigation and Enforcement and for Patent Prosecution and Licensing.
Patent Law II 601:722 Patent Law I is a prerequisite for this course. Patent Law II focuses on the legal processes for the creation and enforcement of patent rights under U.S. law. Students learn how to draft a patent application, review and prepare responses to USPTO Office Actions and to appeal USPTO decisions. Students also learn how to draft patent license agreements and how to enforce patent rights in U.S courts. There are writing projects related to patent drafting and prosecution as well as licensing and patent litigation. There is no final examination.601:696 is a prerequisite for 601:722. Licata
601:580Patent Litigation and Enforcement (4)This course builds on the basics of patent law covered in Patent Law (e.g., legal requirements
for patentability, written description, enablement, novelty, nonobviousness, utility, and statutory subject matter). It examines litigation aspects of patent practice. Litigation is considered from the precomplaint stage through discovery, claim construction, and trial. Writing projects include: (1) a legal research memorandum and argument section of a brief for a patent infringement case; and (2) an opinion letter regarding validity and enforceability. Writing projects will be reviewed and discussed in lieu of an examination.Prerequisite: Patent Law I.
601:548Patent Moot Court Competition (P2)The Giles Rich Moot Competition is sponsored by the American Intellectual Property Law Association (AIPLA) and consists of regional and national level competition. A two-member team will brief and argue a case that is created by the AIPLA. Licata
601:587Patent Prosecution and Licensing (2)This course is designed for students who intend to pursue a career in patent law. Learn application
drafting and prosecution skills. Also licensing strategy and agreement drafting.Prerequisite: Patent Law I.Licata
601:671Payment Systems (4)This course begins by examining the law that governs promissory notes and checks in the United States as well as the legal regulation of the bank collection of checks. These issues arise daily in life and in law practice. If someone steals your checkbook and cashes your check, when are you liable to the bank? If you buy a defective widget and then stop payment, can the seller sue you on the check? If you guarantee your friend's car loan, when can the creditor sue you? By the way, when you win that million-dollar verdict, who should the check be written to, you or your client? Every lawyer should know the answers to these questions. The course then explores the law governing credit cards and electronic funds transfer. There will be a field trip to one of the local check processing centers.Prerequisite: One previous course in Commercial Law (either Introduction to the Uniform Commercial Code (UCC), Sales, or Secured Transactions).Hyland
601:513Persuasion in Legal Writing (2 or 3)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 semester. 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 an attorney work product. Students receive feedback on written work, and grades are based on the overall portfolio.Prerequisites: LAWR I and LAWR II. Mallgrave, Nissen, Robbins, Wallinger.
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, and 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.
601:795-797Practice Externship (3, 4, 6)Fall or spring semester students will work 12 hours per week (16 if electing to earn 4 credits) in a civil or criminal
practice setting, attend classes, confer with the supervising faculty member regarding progress and learning goals,
and complete other assignments. School-year placements will be made by the faculty member from among approved
placements pursuant to an application process, or may be proposed by a student and approved by the instructor. For
further information about available placements, see the Externship webpage. No more than 6 credits may be earned for a particular placement, and no more
than 9 credits may be earned for Practice Externship during a student's law school career. Summer students will work 320 hours. Prospective summer students should contact the instructor during the
preceding school year about assistance with identifying placements. Summer externship may be subject to
enrollment limits; see summer registration materials for current information. All externships are noncourse credit; consult Academic Rules about limits on such credits.Prerequisites: (1) Open to students in their third year or equivalent. (2) Each student must have taken Professional Responsibility. (3) 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 semester of enrollment in Practice Externship. (4) 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 semester of the criminal litigation clinic placement). Note that some practice externships will require or prefer that student commit to enrollment in Practice Externship II. Three credits per semester during fall or spring semesters; 4 by arrangement; 6 during summer semester. Summer students may arrange to earn 3 or 4 credits, instead of 6, with permission of instructor. Katz
601:759Practice Externship II (3)For students continuing for a second semester in the same placement or in another practice placement.Prerequisites: Permission of externship faculty and satisfactory completion of Practice Externship for no more than 3 credits. Katz
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.
Students may not enroll in this course and Litigation. Gavin, adjunct faculty.
601:762Principles of Regulation (3)This course explores philosophical issues surrounding government regulation and the
administrative state generally. Topics may include the justification of regulation, the proper aims
and limits of regulation, the impact of regulation on freedom, and the democratic legitimacy of
the administrative state, among others. Though primarily philosophical, no prior background in
philosophy will be assumed and while knowledge of administrative law would be helpful, it is
also not a prerequisite.Recommended: Administrative Law. Oberdiek
601:715Problems in First Amendment Law (2)This is a First Amendment course that involves civil rights advocacy as well as doctrinal legal analysis. The first three weeks of the course will be an introduction to First Amendment history, law, and theory, taught principally by lecture. Beginning in week four and for every week thereafter, half the class will be devoted to oral argument on an assigned case problem that illustrates a current First Amendment issue. Two class members will argue and the rest of the class will serve as "Supreme Court Justices." Each advocate will then be responsible for submitting a brief, limited to 20 pages, within two weeks of argument. The remainder of each class will be discussion of the First Amendment issue exemplified by that week's problem. Students will also be required to submit a final paper, similar in format to the class briefs.Corrado
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.Prerequisite: Torts. 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.Note: This course is a graduation requirement for all students. Andrews, Beckerman, Chase, Friedman, Gottesman, Joseph, Kushner, Shore, Teicher.
601:538Public Interest Legal Research and Writing (1, 2, 3, or 4)This course offers free legal research and writing services to public interest law practitioners working in nonprofits or government agencies. Each student will be matched with a real research project requested by a particular organization and will be jointly supervised by the outside organization's attorney and by the professor. Students will provide written legal analysis and may provide oral reports to the supervising attorneys. Each semester that the course is offered, all research projects will be for a single organization (e.g., the
Philadelphia Human Relations Commission, City of Camden Law Department, Women's Law Project, City of Philadelphia Law Department, etc.). Students will learn advanced legal
research techniques and improve their research and writing skills while providing needed legal
analysis to a nonprofit or government agency. During semesters when this class is offered via distance learning, it will include a variety of
online course delivery methods, including asynchronous meetings. Students will collaborate to narrow research issues and discuss research strategy through threaded online discussions and
conference calls; students will give feedback to each other through online editing of each others'
drafts; and the professor will provide written and oral feedback and specify deadlines for each
stage of the research and writing process. This course is particularly well-suited for a distance education course as collaboration among
attorneys is often done online via email and through conference calls. Moreover, the professor
intends to reinforce norms of professionalism during this collaborative project.
Professor Jason Cohen's version of the course will involve public interest research and writing
specifically on behalf of entities that traditionally serve the legal needs of the lesbian, gay, bisexual, and transgendered population. His course is for 2 credits.Note: (W; at professor's option, offered for 1, 2, 3, or 4 credits, for WI). Cohen, Ricks.
601:613Public Speaking for Lawyers (2)At sometime in their career, all lawyers--even nonlitigators--must engage in some form of public
speaking. This course is designed to develop public speaking skills that are universal in nature, with
an emphasis on the specific types of public speaking engaged in by lawyers. Specifically, the course
will develop the students': (1) presence; (2) personal voice (the authentic and effective public
persona); (3) rhetorical skills (the ability to analyze a problem and structure an effective presentation
for a particular group); (4) performance skills (all of the physical aspects of speaking); and (5) critical
approach to others' public speaking presentations through active critiquing. The class will consist of lectures relating to these specified goals and weekly speech presentations.
All speeches will relate to topical issues in the law, and may include a speech of self-introduction,
impromptu speech, informative speech, persuasive extemporaneous speech from a prepared file,
and a speech of persuasion. The course will culminate in your performance of an opening or closing
argument of your choosing, from either a historical case or your own drafting. The text will be an
advanced public speaking text as well as materials compiled from legal oral advocacy texts.Cohen
601:668Real Estate Transactions and Conveyancing (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
601:629Regulation of Financial Institutions (3)Capital markets comprise banks, insurance companies, securities firms, and investment companies. These markets have integrated rapidly since financial deregulation began in the 1980s. The firms themselves have reorganized and consolidated, enabled in no small part by technological advances in information processing. We will examine these firms and the agencies charged with their oversight. Particular emphasis will be laid upon the shared structural features of market participants, the implications of recent market failures, and the consequences of uncoordinated allocation of regulatory responsibilities across several federal and state agencies.
Ryan
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; and 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
601:747Regulation of Mutual Funds (2 or 3)Over the past 25 years, public participation in the securities markets has increased dramatically. Almost 50 percent of American households own stock, either directly or through retirement plans. Notwithstanding the Madoff Ponzi scheme and the recent market downturn, public participation has not waned much. And depending on the success of efforts to restructure the retirement plan system, those
numbers may increase. Mutual funds are one kind of pooled investment vehicle more formally known as "investment companies." They have been an increasingly popular vehicle for investing in stocks and other securities in the United States and abroad. There are approximately 8,000 different funds in the United States and the total amount of assets held by U.S. funds remains over $9 trillion. Mutual funds typically are established and advised by investment advisers, which may be large public companies with
their own shareholders or small private organizations with few employees. Both investment companies and investment advisers are extensively regulated.
This is an advanced course in securities regulation. The focus will be on the legal structure of investment companies, restrictions on their operation, and the relationships between investment advisers and the investment companies they advise. Questions to be addressed include: What is a mutual fund under applicable federal law? How are mutual funds organized and governed under both federal and state laws? What are the legal requirements for a fund's purchase of stocks or other assets? What conflicts of
interests are posed by the funds and their advisers? What disclosures must funds make, and what are the other duties and obligations of funds and their advisers? What is the legal status of unregistered funds, such as hedge funds? The class also will consider business issues that motivate mutual funds and their advisers.
How do funds distribute and sell their shares? What are the business reasons for different marketing strategies? What has been the regulatory response to different marketing channels? Finally, the class will look at public policy issues concerning mutual fund regulation. How does the SEC regulate the industry? To
what extent can the market itself provide appropriate protections? What is the role of self-regulation by industry associations? What factors govern the appropriate mix of regulatory forces?Prerequisite: Business Organizations. Recommended but not required: Securities Regulation. Laby
601:684Religion and the Law (3)An inquiry into the interplay of religion and government. Course focuses on the Free Exercise
and Establishment Clauses of the First Amendment to the U.S. Constitution. Among other topics on
the agenda are nonconstitutional aspects of the law's treatment of religion, including questions of
taxation, zoning, and corporate identity; and a "mirror-image" look at how various religious
traditions define the role of secular authority.Dane
601:561 Remedies (3)Most law school classes focus on legal liability--when has Jane breached a contract, John
committed a tort, or Jerry violated the constitutional rights of Joy. This class is different. In this course,
we will assume that a defendant's conduct is (or will be) wrongful and ask what a court can do for those
who have been wronged or anticipate being wronged and do to those who have or will wrong
others. Topics will include damages measurement, injunctive and preliminary relief, specific
performance, declaratory judgments, restitution, criminal and civil contempt, punitive remedies, and
complex equitable remedies in institutional and civil rights litigation. Some of these topics will offer a
review of things learned elsewhere in the curriculum; other topics will be less familiar. Questions about remedies dominate the lawyer-client relationship. Clients are less interested in
proving liability than in asking what they can get through litigation. From that perspective, this course is
eminently practical. It is also deeply theoretical. It offers an opportunity to integrate insights, and
observe regularities and differences from disparate parts of the curriculum. Swedloff
601:567Roman Law (2)The common law is in the minority. Outside of the English-speaking world, most countries have
private law systems based on the Roman civil law. This course offers an opportunity for common
law students to learn something about how jurists in that other system think when they confront
legal problems. A meaningful encounter with the civil law is an essential element of a successful
life in the law--not only because common lawyers are, with increasing frequency, involved in
cases governed by the law of a civilian jurisdiction, but also because the civilians know
something essential about the law, something that we in the common law tend to ignore. Except for the codes, very little from civilian jurisdictions has been translated. It therefore proves
to be almost impossible to enter into the world of the civilian jurist unless you speak one of the
civilian languages fluently.
Roman law is important in this context because
many important
Roman legal texts have been translated. We will use one of the two exquisite casebooks on
Roman law put together by Bruce Frier, one on tort law (delict), the other on family law, both
easily available in paperback. This course is not about an historical institution. It is about the law today, an
attempt to learn something about how we in the common law think about the law by contrasting
it to how the law has been studied for a millennium by others. As a result, there are no prerequisites for this course--neither a knowledge of Latin, nor knowledge about the history of
Rome, nor even an acquaintance with Antiquity. Hyland
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.Prerequisite: Introduction to the Uniform Commercial Code (UCC) or permission of instructor. Korobkin, Barkasy.
601:542Securities Litigation and Enforcement (3)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. Although this is a course about litigation and not about business or corporate entities, a prior course in business organizations may be helpful for those students who have not had previous exposure to the corporate and financial world.Simon
601:543, 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.Pre- or corequisite: Business Organizations or permission of instructor. Laby, Robbins.
601:633Sentencing (3)In some ways, sentencing is the most important part of criminal prosecutions. Sentencing occurs in about 90 percent of such cases while trials occur in fewer than 10 percent, and most defendants express to their lawyers more realistic concern about their likely sentences than about other possible outcomes. Since sentencing is so important, this course provides an in-depth examination of the history and current content of the law of criminal sentencing in federal and state courts, as well as the theoretical and policy foundations of that law and its application. Topics covered include: purposes of criminal punishment and sentencing; allocation among governmental agencies of power to determine sentences; discretion to select sentences and control of such discretion; characteristics of crimes and criminals that influence sentences; sentencing procedures; contents and degrees of sentences of imprisonment and of other sanctions; influences of race, class, and sex on sentences; and civil alternatives to criminal punishment. The course explores bodies of law to which students are exposed in the Criminal Law and Criminal Procedure-Adjudication courses, but addresses that law more thoroughly and in greater depth, as well as additional aspects of that law. Grades will be based entirely or almost entirely on the final examination; no writing credits are offered.Prerequisite: Criminal Law.Coombs
601:676Sex Discrimination (3)Provides an overview of feminist legal theory and explores various legal doctrines that affect and
reflect women's status in society. Topics covered include constitutional law, employment,
reproduction and sexuality, the family, and violence against women.Goldfarb
601:608Small Business Counseling (3) Focuses on representing the small business client, especially the new business. Has a clinical component and a simulation component. Under the supervision of the instructor, students advise
clients of the Rutgers School of Business Small Business Development Center. The advising
includes an initial interview, research as necessary, drafting, and counseling. A team of two
students interviews each client, consults with the instructor, counsels the client, and drafts
appropriate documents. Students also engage in simulations typical of the attorney for the small
business, such as evaluating and implementing the form of organization, participating in the
development of a business plan, and drafting agreements. Both components provide
opportunities for reflection on business lawyering, including issues of legal, business, and
personal ethics; the social function of the business lawyer; and lawyer-client relations.
In addition to the clinical work, the course involves extensive simulation of activities
typical in the representation of the small business client. Simulations guarantee a base of
experience and support the clinical work by providing a laboratory for improving skills and for
problem solving. Issues covered in the simulations include the selection of an organizational
form; formalities necessary for the creation of the form selected, partnership and shareholder
agreements, basic tax issues, commercial leases, director and officer liability, intellectual
property issues, insurance, status of employees, attorney conflicts of interest, and formalizing the
attorney-client relationship. Other issues--such as franchise agreements, commercial financing,
and government contracting--may be addressed, depending on the scope of the clinical
experience. Skills covered include interviewing, fact gathering, use of experts, counseling on
legal and business issues, problem solving, planning, and drafting.
Both the clinical work and the simulations provide starting points for discussions of
broader lawyering issues. At the beginning of the semester, 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, and accountants) participate in the class at appropriate points.Prerequisite: Business Organizations. Note: 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. In recognition of this extra requirement, one additional course credit is awarded. Talty
601:787Social Security Disability Practice (3)This course is an experiential course designed to expose students to administrative
practice before the Social Security Administration, and will entail a clinical component including
the representation of children applying for Social Security Disability. Social Security law will be
discussed in depth and several lawyering skills will be explored in real and simulated practice
experiences including, trial advocacy, interviewing, and negotiation. Under the supervision of
the instructor, students will work in teams to represent a family whose child has been denied
Social Security benefits. All matters involve substantial client interviewing and counseling,
factual investigation, and case development. Students enrolled in this course are strongly advised to enroll in, or have already completed, a course in administrative law. Special Note: In addition to the class session, students in the course must also be available at times other than the scheduled class hours to attend a hearing, and meet with clients, classmates, the supervising attorney, and other interested parties in the case at the law school. As a result, students must have some flexibility in their schedules, particularly during business hours, to permit them to accommodate additional time demands. Schalick, Dougherty
601:537Social Welfare Law and Policy (3) An exploration of the means by which and degree to which American social welfare, employment, and labor law secures the economic and social human rights recognized in Articles 22-26 of the Universal Declaration of Human Rights. All members of the class will be required to write a substantial research paper comparing U.S. institutions and performance with respect to
one of the rights studied with the comparable institutions and performance of another developed
market society of their choosing. The course will conclude with a daylong public workshop at which all members of the class will present their research papers. Note: Research paper in lieu of final examination at discretion of the instructor. Harvey
601:634South African Constitutional Law (P2)The purpose of this course is to introduce students to South African Constitutional Law. The class meets weekly from the beginning of the semester until the week before spring break. This portion of the course consists of an introduction to the history of South Africa (as it relates to the development of the country's constitution) and to the jurisprudence of the country's Constitutional Court. Over spring break, the class travels as a group to South Africa to gain a deeper understanding of the challenges facing the country and the ways in which the country's constitution is shaping its response to those challenges. The course ends with this trip.Note: 2 ungraded credits. Prerequisites: South African Constitutional Law and permission of instructors. Enrollment limited to 25.Harvey, Williams.
601:633South African Constitutional Law-Research (2)This research course is open to students who also enroll in South African Constitutional Law. That course (South African Constitutional Law) meets weekly from the beginning of the semester until spring break and concludes with a class trip over spring break to South Africa. This seminar (South African Constitutional Law-Research) picks up where that course leaves off. It meets weekly from spring break until the end of the semester to discuss the research topics on which students are writing in light of the group's collective experience during its trip to South Africa. Please note that although the seminar does not meet separately from the course on South African Constitutional Law during the period preceding spring break, students enrolled in the seminar are required to pick a topic, gain the instructor's approval for the topic, and complete a literature survey relating to their topic before they leave for South Africa.Prerequisite: South African Constitutional Law and permission of instructor. Enrollment is limited to 20 students.Williams, Harvey.
601:698Sports Law (3) Sports Law provides students with a broad overview about how professional sports leagues are regulated both internally and externally. Substantive topics covered in this course include antitrust law, contract law, labor law, and intellectual property. In addition, this course will discuss the following topics: the law and economics of professional sports; revenue drivers in sports; the role of the league commissioner; different league structures; salary caps and luxury taxes; rules for agent certification; state law publicity rights; state law due process rights; and ownership of sports statistics.Edelman
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
601:600State 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
601:623Statutory Interpretation and Legislation (2 or 3)Study of legislation as a policymaking instrument in the American legal system, with emphasis on working with the statutes as well as examining the process of policy development leading to legislation. Consideration given to state and federal legislative organization and
procedure; legislative investigations; the structure and form of statutes; limitations of, and requirements for, the exercise of legislative power; the process of codification; and the various means of making laws effective. Statutory interpretation considered at some length.Ryan, Oren, 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. Judicial chambers will be considered with priority given to practice (civil and
criminal) placements. Students complete 320 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.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). Katz
601:804Tort Theory (3)A survey of central topics in tort theory. Through contemporary philosophical readings, the
course
analyzes different theories of tort law, including economic, corrective justice, and civil
recourse accounts, as well as central concepts in torts, like risk, carelessness, responsibility, duty,
and rights, among others.
Oberdiek
601:675Trademark Law (3)Will introduce students to the basic principles of contemporary trademark and unfair competition law in the United States. Students will learn what constitutes a trademark, how trademark rights are acquired, how trademarks relate to other regimes of intellectual property, how infringement is proven, and what remedies are available for infringement. The course will also examine other contemporary trademark issues such as dilution, false advertising, online trademarks, and rights of publicity.
Lastowka
601:565Transactional Document Drafting (2)New attorneys are often thrown into the fire and given the assignment to negotiate and draft transactional documents that reflect the deal, protect their clients interests, and yet remain acceptable to the other side so that the transaction can be completed. This involves being able to analyze contract language, identify potential risks, develop creative solutions, and effectively communicate both the risks and the solutions to their clients and the opposing counsel. In this course, students develop practical skills they can use in drafting and negotiating effective transactional documents that bridge the gap between the opposing parties' concerns so that the transaction can be completed. The course will focus on a generic business acquisition and the ABA's Model Asset Purchase Agreement. Students will develop effective techniques for identifying and communicating issues both to their clients and to opposing counsel. Students will practice the art of effectively editing documents, gaining familiarity with commonly used transactional words, phrases, and sentence structure and their usefulness for clear drafting. Finally, through it all, students will gain a thorough understanding of a mergers and acquisition (M&A) transaction and the M&A transaction documents.Kitain
601:585Transactional Drafting: Intellectual Property (2) The purpose of this course is to give students practical experience in drafting documents used in
commercial transactions in which intellectual property forms a significant portion of the basis of
the transaction. The course will add to students' practical familiarity with laws governing
commercial transactions involving intellectual property. Students will draft a license of
technology (patents and trade secrets) in the precommercialization phase as well as engaging in
a simulated sale by initial investors of a start-up business having a successful, newly
commercialized product. The grade for the course will be based on the two drafting exercises as
well as class participation.Prerequisite: Contract Law required. Some familiarity with intellectual property law is highly recommended.McNichol
601:651Trial Advocacy (2 or 3) Instruction in trial advocacy skills using demonstrations, lectures, and participation by members of the class in the components of simulated trials, with emphasis on civil litigation. Topics include pretrial matters, openings, examination and cross-examination of witnesses, handling exhibits, objections, impeachment, and closing arguments.Open to second-semester, second-year students, and all third-year students who have completed the prerequisite course in Evidence. Blumberg, Korin, Flicker, Zarillo.
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 course 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 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 Programs,
in order to receive further details concerning the competition and to receive permission to enroll
in this course. Prerequisite: Trial Advocacy and permission of the instructor.Gavin, Stahl.
601:558Unemployment Law (2) An introduction to the problem of unemployment in market societies, this course will explore the
sources of the problem, its social and economic consequences, and the range of economic and
social-welfare policy responses that governments have pursued in response to it. The recognition
of access to decent work as a human right in international law will receive particular attention
along with the question of whether it is possible for governments to secure the right. The U.S. economy will serve as the focus of study throughout the course, but the lessons drawn from
that example should be applicable, with limited modifications, both to other countries and to
state and local governments within the United States. Neither any prerequisites nor any prior knowledge of economic theory or the law will be assumed on the part of students who enroll in the course.Harvey
601:744Wealth, Democacy, and the Rule of Law (3)
This course explores the connections and tensions among democracy, the rule of law, and
concentrated wealth in the United States. The course begins by looking at contemporary trends in
the United States about the growth and distribution of income and wealth, and the intersection of
those trends with partisan politics both in general and with respect to particular issues such as tax
policy and campaign spending. It also explores the contested heritages of Athenian democracy
and the Roman Republic, both as currently understood and as understood by the founders of the
United States. Students will focus their individual research and writing on a particular topic or
area involving wealth, the democratic process, and the rule of law, such as (but not limited to)
legislation and judicial decisions about the regulation of campaign spending, judicial elections,
legal representation of the poor, voter identification and other voting laws, investigation and
prosecution, or lack thereof, of alleged illegalities in investments, mortgages, and mortgage
foreclosures, civil prosecution and settlement of multimillion and multibillion dollar corporate
illegalities, and the role of the media (of numerous sorts) in the political process. Student
research may also focus on the course's themes in earlier historical periods, such as the Founding
era, the rise of the Republican Party in the 1850s, the early-20th-century Progressive Era and New Deal, and the decline of the postwar "social contract" in the 1970s. Readings will include political science and political theory, history, journalism, judicial opinions,
legislation, and legal scholarship. Limited enrollment (20 students). Required intensive writing. No final exam.Rosenblatt
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.Wallinger
