Alternative Dispute Resolution
Credits: 3
This course introduces law students to the range of dispute resolution processes increasingly in use both within and outside of the courts. These techniques, including negotiation, mediation, arbitration, and so-called hybrid processes such as early neutral evaluation, summary jury trials, and mini-trials, have been incorporated into both state and federal court programs and may be available through private providers. Under a recently-adopted New Jersey Court Rule, lawyers are urged to become familiar with available CDR (Complementary Dispute Resolution) programs and inform their clients of them.

Appellate Advocacy 
Credits: 3
A study of appellate practice and procedure, brief writing, and oral advocacy through both lectures and practical experiences. Each student is given the record of an actual case and is required to prepare a full brief and present an oral argument.

Civil Commercial Trials
Credits: 2
This course examines the development of fact and law issues for and at trial as well as trial tactics and strategies from jury selection to closing argument in a variety of cases such as libel, unfair competition, trade secrets, and contracts. Teaching materials include actual trial transcript excerpts. Students also participate in mock trial exercises (e.g., opening statements and direct and cross-examinations). Written work includes short memoranda on evidentiary and trial motion issues.

(Negotiating & Structuring) Complex Corporate Transactions
Credits: 2
Prerequisite: Business Associations. Corporate Finance and Mergers and Acquisitions will be helpful but neither is required.This course will provide an in depth analysis of the various legal facets of large, complex transactions, such as a merger or a joint venture, and how those facets relate to the underlying agreement and the lawyer's role in the transaction. Students will learn to understand (1) the core provisions of the relevant agreements, (2) what the legal and business underpinnings of these provisions are and (3) how those provisions are negotiated in "real life" transactions to create value for and balance risks between the parties. Emphasis will be placed on thinking thoroughly through the multi-faceted issues involved, relating legal issues to business issues, understanding the design of the agreement and how its elements interrelate and finding solutions that are (creatively) tailored to the circumstances. Much of the class will be devoted to experiential learning through drafting and simulation exercises. Accordingly, active class participation is required.

Complex Litigation 
Credits: 2
This course explores procedural and jurisdictional issues as well as strategic considerations that lawyers are likely to encounter in actual federal and state court litigation. The perspective of plaintiffs' and defendants' counsel is considered with emphasis on multi-district and class action litigation. The initial focus is on forum selection, the Judicial Panel on Multi-district Litigation, removal to federal court and remand, misjoinder, and forum non conveniens. The course then examines in depth the prosecution and defense of class actions, including class certification for litigation or settlement purposes in consumer fraud, mass disaster, product liability, civil rights and antitrust litigation. Following the progress of litigation as it approaches trial, the course examines Daubert and Frye hearings to exclude expert testimony and other motions in limine. Exercises in preparing briefs and arguing motions based upon the subjects of the course will enable students to improve their advocacy abilities. Legislative reform proposals for this kind of litigation will also be analyzed.

Criminal Trial Presentation 
Credits: 2 
Prerequisite: Evidence.
Practice in preparing for and conducting criminal trials with systematic study of problems of gathering evidence, strategy in planning the trial, order of proof, empaneling a jury, openings to jury, direct and cross-examination, and summations.

Entertainment Contract Drafting & Negotiation 
Credits: 2
Prerequisite: Either Entertainment Law & Business or Law of the Entertainment Industry.
Contract drafting and negotiation is one of the most significant and critical functions of an attorney in the entertainment industry. This course will help students develop their knowledge of the entertainment industry and their contract drafting and negotiation skills. This will be accomplished by contracting drafting assignments, mock negotiations, critique sessions, and classroom lectures. Students will learn both the dynamics and deal points of importance in the music, motion picture, literary publishing, personal management, and related industries.

Evidentiary Issues at Trial
Credits: 1
Prerequisite: Evidence
Students who are enrolled in Advanced Trial Practice Seminar may not enroll in this course.

This two and a half-day evidence advocacy program focuses on special evidence issues presented at trial with respect to the legal and presentation issues that commonly arise using business records, photographs, illustrative and demonstrative aids, and summary charts. The program includes a legal and strategy analysis of the evidence advocacy issues presented by specific problems and then participants will offer the exhibits into evidence through relevant witnesses in a simulated trial setting in small group performance workshops. The analysis and performance workshops will be supplemented by a lecture on the effective advocacy with exhibits at trial, using exhibits in the courtroom, the relevant evidentiary and presentation issues presented by the specific exhibits.

Fact Investigation
Credits: 3
Cases are determined by applying a set of rules or laws to the particular facts of a controversy. In the cases studied in previous courses, facts were provided by appellate courts in their opinions. As a case develops at trial, however, the facts are provided not by the court, but by the attorney. This course explores the process by which factual information is obtained, the manner in which facts shape legal claims, and, in turn, the way in which legal issues shape factual investigation and the presentation of facts at trial.

Foreign, Comparative, and International Legal Research
Credits: 1
As the practice of law becomes increasingly influenced by extra-judicial or extra-national events and organizations, knowledge of foreign, comparative, and international legal research becomes increasingly important. This course introduces upper-class students to the research strategies and resources useful in the study of transnational legal organizations, foreign jurisdictions, and public international law. Upon completing this course, students should be able to identify and evaluate research resources for public international law, the laws of foreign jurisdictions, and legal materials from international and non-governmental organizations.

Immigrant Rights Clinic (to begin Spring 2012 semester)
Credits: 6
Pre- or Co-requisite: Students taking the clinic in the fall semester must take, or have taken previously, Refugee Law. There are no pre- or co-requisites for students taking the clinic in the spring semester, but it is recommended that spring semester clinic students take, or have taken previously, Immigration & Naturalization Law or the Immigration Policy Seminar.
The Immigrant Rights Clinic, the newest of the Rutgers-Newark clinics, serves the local and national immigrant population through a combination of individual client representation and broader advocacy projects. The IRC is a one-semester clinic; however, the type of work engaged in by the fall semester IRC students differs significantly from the type of work engaged in by the spring semester IRC students.Students enrolled in the IRC in the fall semesters engage in individual client representation. Under faculty supervision, students represent immigrants seeking various forms of relief from removal, including asylum for persecuted individuals; protection for victims of human trafficking; protection for battered immigrants; protection for victims of certain types of crimes; protection for abused, abandoned, or neglected immigrant children; and cancellation of removal. Students are responsible for all aspects of representing their clients, including interviewing and counseling, preparing witnesses, engaging in fact investigation, conducting legal research, drafting litigation documents (such as affidavits, briefs, and evidence packets), and oral advocacy. Ideally, each team of students represents its client at an immigration hearing at the end of the semester. In the fall semesters, the weekly seminar class focuses on substantive humanitarian immigration law and live client lawyering skills.Students enrolled in the IRC in the spring semesters engage in broader advocacy projects on behalf of organizational clients, primarily immigrant rights organizations. The subject matter of the advocacy projects varies from year to year, but might include detention conditions, due process concerns, access to counsel, family reunification, conditions of supervision, consequences of criminal convictions, or enforcement issues. The final products of the projects also vary and might include toolkits for practitioners, research reports, white papers for legal services organizations, amicus briefs, or pro se materials for litigants. Working in teams, students build professional relationships with government and nongovernmental policymakers, academics, individual immigrants, public interest organizations, and others. Under faculty supervision, students have primary responsibility for making project-related decisions, conducting necessary factual and legal research, and implementing their decisions. In the spring semesters, the weekly seminar class focuses on substantive immigration law and policy and advocacy skills.In both semesters, students attend rounds sessions and team meetings in addition to the weekly seminar class.

Intensive Deposition Advocacy
Credits: 1
Prerequisite: Evidence
Students who have taken Fact Investigation may not enroll in this course.
This three-day deposition program focuses on effectively eliciting relevant information and obtaining admissions through depositions. Participants will enhance their deposition information gathering through frequent opportunities to conduct deposition examinations and defend depositions in a simulated deposition setting, followed by faculty commentary and critique. Strategy sessions will include legal analysis of the issues in the case, developing working theories of the case, planning deposition strategy, and effective use of documents and information previously obtained through discovery. Lectures on several topics relevant to effective depositions will supplement participant performances and faculty critique. The exercises will focus on witness preparation, dealing with preliminary matters, a technique for effectively eliciting complete information from witnesses, using exhibits, dealing with obstreperous opposing counsel, obtaining admissions and theory testing.

Intensive Trial Advocacy
Credits: 2
This skills course will focus on the procedure, strategy, and evidentiary issues involved in presenting a case to a jury, whether in the civil or criminal context. Course will include lectures, discussion workshops, and practical skills workshops in a mock trial setting.

International Alternative Dispute Resolution
Credits: 2
This course will explore the distinctive fora, processes, and law governing alternative dispute resolution in the international context by examining the entire dispute resolution process from beginning to end, i.e., from drafting alternative dispute resolution clauses to enforcement of awards or settlements. The course will focus on these issues in the commercial context. There will also be an emphasis upon different forms of dispute resolution such as mediation and arbitration and the cultural differences of which international practitioners should be aware. Students may be invited to participate in an international mediation competition in the spring semester.

Labor & Employment Arbitration Seminar 
Credits: 2
This seminar will consider practice and procedure in public and private sector labor arbitration, and mandatory arbitration agreements for non-union employees. The purpose of the seminar is to study the practical and legal aspects of the arbitration process, and to consider the differences between labor arbitration in a union setting, and mandatory arbitration for non-union employees. Among the topics discussed will be: sources of arbitration law, discovery techniques, submission of an issue to arbitration, conduct of the hearing, rules of evidence, burdens of proof, remedies, and the enforcement and vacation of an arbitrator¿s award. Each student will be required to attend one actual arbitration and to write a post-hearing brief. Guest lecturers will include a labor arbitrator and a Superior Court Judge.

Labor Negotiations Seminar 
Credits: 2
This seminar will present an overview of the case law in the public and private sectors on negotiations practice and procedure, and a practical application of the law. Students will initially participate in a few short mock negotiations. For the remainder of the semester, students will be broken into teams and will negotiate an actual labor contract. The last day of the semester students will negotiate, as in actual labor negotiations, until a final agreement is reached. Students will each be required to write a memorandum of agreement memorializing the agreement reached. During the semester, students will be required to solve a few short problems regarding scope of negotiations issues that grow out of semester long negotiations. They will be required to research a short legal memorandum for each problem. Guest lecturers will include a mediator and a union and/or management negotiator.

Legislative Drafting
Credits: 2
The course will focus upon the study of statutes generally, with a goal of developing facility in reading and understanding statutes as well as writing them. We will examine the sources from which statutes are often derived, the different kinds of statutes (i.e., criminal, civil, administrative, etc.), current styles in statutory writing, and the parts of a statute and their functions. Students will attempt to write a statute on a subject that presents difficult problems in order to explore the kinds of issue that must be addressed in statutory drafting.

Legislative Research
Credit: 1
Prerequisite: Legal Research & Writing I & II. This course does not satisfy the residence credit requirement.
This intensive course will consist of lectures and direct research over three class days. Students will study the theory and methodology of performing legislative research and compiling legislative histories and learn to use legislative research as a tool for legal advocacy. The course will focus on federal legislative materials as well as legislative documents in New Jersey and New York. Students will gain hands-on experience utilizing the resources of the Rutgers Law Library and the library's computer labs and examine legislative documents in both print and online formats. Each student will produce a legal memorandum that analyzes the legislative history of a particular statute. This course will be graded Pass/Fail. Enrollment in this course is limited.

Matrimonial Litigation
Credits: 2
Prerequisite: Family Law
This course aims at familiarizing the students with matrimonial litigation practice. Specifically, the students will learn all procedural aspects associated with the commencement of a divorce action and the related pre-trial motion practice necessary to prepare a divorce action for trial. The students will then be taught substantive law in four key areas of New Jersey family practice litigation: equitable distribution, custody, alimony and child support, and attorney's fees. Finally, each student will be given an opportunity to draft and argue before a New Jersey Superior Court Judge three distinct motions: an application for pendente lite relief, one to enforce court ordered obligations, and an in limine application to address trial related issues.

Mediation
Credits: 2 or 3
Mediation, in which a neutral third party assists people in resolving their disputes, has witnessed a phenomenal growth in the last few years. Many court systems use mediation as a way to settle cases without a trial. Lawyers may urge their clients to try mediation to get better agreements less expensively, without the hostility and aggravation that often accompany litigation. The practice of mediation seems to be on its way to becoming a profession. Even if they do not act as mediators themselves, lawyers may find themselves representing parties in mediation sessions or drafting mediation clauses for contracts. But mediation raises substantial questions about fairness, accuracy, confidentiality, equity, and differences in power: Should it replace the traditional ways of resolving disputes? This course will cover the key skills that mediators should have, using simulated mediations in which students will participate. It will also cover the conceptual issues that should be understood to make sound judgments about the use of mediation. After initial skills training in the course, students may have the opportunity to act as mediators in real disputes, such as those pending in small claims courts, municipal courts, and other venues. Students should have enough flexibility in their schedules to make themselves available for this kind of work. 
    This course may be used to satisfy part of the requirements for the Certificate in Conflict Management. It is designed to follow up in a more intensive way some of the concepts introduced in Alternative Dispute Resolution, and may be of particular interest to students who have taken, or are concurrently taking, that course but Alternative Dispute Resolution is not required.

Negotiations 
Credits: 3
Lawyers may negotiate more than they engage in any other single task. Arranging business deals, setting the terms of employment (both union and non-union), transferring real estate, guiding divorces, setting all kinds of civil litigation, and plea bargaining are all familiar features of lawyers' work. Good negotiating involves both skill and understanding of what one is doing. This course pays attention to both. Students participate in and critique several simulated negotiation exercises, drawn from varied aspects of legal practice. The course also surveys key modern ideas about negotiation. The last few decades have seen a substantial growth in the breadth and richness of negotiation theory, and the course will pay attention to how theory can usefully inform practice. This course is designed to follow up in a more intensive way some of the concepts introduced in Alternative Dispute Resolution, but Alternative Dispute Resolution is not a prerequisite.

New York Legal Research
Credits: 1
Students will gain an in-depth knowledge of New York State primary and secondary legal materials in both online and print formats. New York legal databases will be explored each week through in-class exercises. New York City legal materials will also be covered. For the final paper, students will produce a five-page annotated bibliography on a substantive area of New York law.

Patent Claim Drafting
Credits: 2
Prerequisite: Patent Law. Course limited to 12 students.
This course focuses on the mechanics of drafting patent claims to define the protected scope of an invention. The course covers drafting and analysis of independent and dependent claims, apparatus claims, Markush groups, means-plus-function limitations, method and system claims, and other claim types. Students are given a number of claim drafting homework exercises focusing on simple inventions that persons from any technical discipline should be able to understand, and receive individualized feedback on their claims.

Special Education Law Seminar
Credits: 2
The course will start with an historical examination of the public education system¿s treatment of children with disabilities, and the subsequent federal legislative response to the inadequate educational opportunities afforded them (namely the Individuals with Disabilities Educational Act (IDEA) and its predecessor Acts, Section 504 of the Rehabilitation Act, and the Americans With Disabilities Act (ADA)). We then will cover each step of the special education process, including child find, evaluation, eligibility and classification, individualized educational program (IEP) development, student discipline, procedural safeguards, court proceedings, available remedies, and the meaning of the statutory requirement that schools provide a free and appropriate public education in the least restrictive environment. At each stage, we will examine the applicable statutory law and regulations, the seminal cases governing the particular area and the relevant policy issues.This course is open to all students, whether or not they are taking the Special Education Clinic. All students who are taking the Special Education Clinic for the first time must take this course simultaneously, if they have not taken the class previously.

Trial Presentation
Credits: 2 or 3
Prerequisite: Evidence.
Practice in preparing for and conducting trials, including development of trial strategy, opening statements and summations, the making of a trial record, direct and cross-examination of witnesses, and preparation and introduction of exhibits. Intensive classroom exercises will culminate in simulated bench trials, in which students will participate as members of trial teams. In connection with these trials, participant trial teams will be expected to submit trial memoranda of approximately 10-20 pages in length. Each case can be tried in approximately 4-5 hours and each is conducted in one trial day, thereby simulating an actual trial schedule.