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Upperclass Elective Courses
Applicants should understand that the curriculum frequently undergoes revision. By the time that they enter the second or third year at the law school, it is likely that the curriculum may have changed somewhat from that set forth below.
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Administrative Law (3)
This course provides a general introduction to the constraints upon and the procedures used by administrative agencies, sometimes referred to
as "the Fourth Branch of Government," and thus provides critical context for other subject areas in which administrative agencies play a key role, (e.g., environmental law, securities
regulation, immigration, and taxation). It examines the relationship of administrative agencies to the president, Congress, and the courts--exploring issues such as the delegation of quasilegislative and quasiadjudicatory powers to agencies, and the
constitutionality of various means the president and Congress have sought to use to exert control over agency decision making. Introduces students to the process of agency adjudication, exploring both the constitutional due process requirements and requirements imposed by the federal Administrative Procedure
Act (APA). Also familiarizes
students with agency rule-making processes, focusing on the rule-making processes established by the APA. Students will also study judicial review of agency action, in particular considering the availability of judicial review
and the scope of judicial review when it is available. Depending upon the professor, the course may also cover agencies' powers to obtain information (by subpoena, record-keeping
requirements, or inspections) and citizens' rights to obtain government information, pursuant to the Freedom of Information Act, and attend public meetings, pursuant to the Sunshine Act.
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Admiralty Law (3)
Introduces students to the basic principles of admiralty
law, i.e., the statutes and common law regulating the rights and
liabilities associated with the carriage of goods and passengers over
water. The course will cover admiralty jurisdiction (including the
respective jurisdictions of the federal and state courts), as well as
the special procedures applicable to admiralty litigation. Students
will study substantive admiralty law, including the law regarding the
injury and death of maritime workers and passengers, the lease of
vessels (i.e., charter parties), the carriage of goods, marine
insurance, and liability for collisions among ocean-going vessels. As
part of this study, students will explore the impact of and the general
international maritime law upon the maritime law of the United States.
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Advanced Civil Procedure (2)
This course builds upon the
foundation established in Civil Procedure and will review the discovery
process, including electronic discovery, privileges, various pre-trial
motions, and the final pre-trial order. As most civil cases result in
settlements, the class will also provide a unique introduction to
litigation strategy. Robust class discussion is encouraged.
Prerequisite: Civil Procedure
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Advanced Intellectual Property (2)
Provides an intensive study of issues and concerns pertaining to the prosecution, protection, exploitation, and enforcement of intellectual property rights. Practices and procedures important to obtaining, using, protecting, and defending the use of ideas, trade secrets, copyrights, patents, and trademarks are examined. Students develop their transactional, negotiation, and litigation skills through preparation of documents and mock negotiation. Current developments in intellectual property law are reviewed and integrated into the course study.
Prerequisite: Copyright and Trademark or Business Torts and Intellectual Property or Patent Law.
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Advanced Legal Writing for Motion Practice in the Trial Court (2)
This small, interactive seminar/workshop gives the student the
opportunity to further LRW I and II skills by providing an intensive and
collaborative experience in drafting documents at the trial court
level. The course simulates real world law practice by having students
work from a mock case file to prepare documents for and in support of a
motion for summary judgment. Those documents include client
correspondence and essential motion practice documents such as
supporting certifications and the statement of undisputed material
facts. The centerpiece document the student will write is the brief in
support of the motion. For that, the student will learn, discuss, and
employ advanced techniques of persuasive writing and argument as well as
hone skills of clear and succinct writing and organization. For the
culmination of the course, based on his/her brief, the student will
present oral argument on the motion before a retired State Court judge
or practicing attorney presiding as trial judge.
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Advanced Legislative Advocacy: A Living Laboratory (2)
Building on the fall introductory course in Legislative Advocacy,
students will work as a unified advocacy shop with preselected nonprofit
organizations from across New Jersey to help them develop, advocate and
pass public interest legislation through the New Jersey Legislature. As in the fall, our approach will be holistic, encompassing every road of
advocacy not only traditional lobbying, but also the media,
grassroots organizing and other innovations rooted in political and
interpersonal behavior. Students, together with our partner
organizations, will work closely with Senators and Assembly members who
become the prime sponsors of legislation developed in the course, as
well as with staff, legislative leadership and other key stakeholders.
The course will meet in all day conferences on four Fridays throughout
the semester, with four additional hours scheduled with the instructor
based on developments with the selected legislation in the New Jersey
Legislature.
Prerequisite: Legislative Advocacy.
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Advanced Metropolitan Equity (3)
How do the legal rules and political policies governing place affect
inequality of resources and opportunity? This is the central question in
this class, which adds a significant investigatory element to the
interdisciplinary study of how benefits and burdens are distributed in
the context of cities, suburbs, race and class. Undertaking the primary
work product of the law school's Center on Law in Metropolitan Equity
(CLiME), we engage in clinical research on topics of immediate
relevance, such as fair housing, infrastructure and transportation,
education finance, tax base inequity, environmental justice and public
health disparities. Clinical research involves the typical rigor of
in-class study and discussion with the hands-on experience of designing a
project, consulting with relevant organizations and agencies outside
RLS, conducting field research and authoring the legal and policy
analysis of your conclusions for a public audience. Students of this
class are CLiME "fellows" and as such will have their work published on
the CLiME website (http://www.clime.newark.rutgers.edu/). The class offers a rare opportunity for initiative and independent work in a collective enterprise.
Prerequisite one or more of the following: Race, Class and Metropolitan Equity; Housing Law and Policy; State and Local Government; Poverty Law; Land Use Controls.
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Advanced Trial Practice (2)
Advanced
Trial Practice will afford students the opportunity to refine their
litigation skills and to explore more advanced aspects of trial
advocacy, such as jury selection, case theory and strategy, the ways in
which jurors process information, working with experts, principles of
persuasion, storytelling and narrative, and the use of computers in the
courtroom. All students will be involved in weekly in-class simulations.
Judges and practicing attorneys will attend classes frequently and
speak on different aspects of trials, and will help to critique the
students as they do the class exercises.
Prerequisites: Basic Trial Presentation and Evidence
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Alternative Dispute Resolution (3)
Introduces law students to the range of dispute resolution processes increasingly in use both within and outside of the courts. These techniques--negotiation, mediation, arbitration, and so-called hybrid processes such as early neutral evaluation, summary jury trials, and minitrials--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."
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Antitrust (3)
An introduction to the law of antitrust, including the common law of restraint of trade, the basic federal antitrust statutes, the enforcement policy guidelines of the federal antitrust enforcement agencies, and the application of these statutes and guidelines to various arrangements, practices, and institutions such as formal cartels, price-fixing conspiracies, "conscious parallelism," trade association activities, resale price maintenance, mergers, boycotts, and tying arrangements whose effects are potentially anticompetitive.
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Appellate Advocacy (2 or 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.
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Asset Management Regulation (3)
Employee
benefits issues arise in the context of business acquisitions and
divestitures, labor negotiations, health care, family law, and a host of
other practices. Knowledge of employee benefits is highly valued by
many in private practice and in-house. This course examines employee
benefits governed by the Employee Retirement Income Security Act of 1974
(ERISA) and its subsequent amendments. It will cover defined benefit
and defined contribution plans, and employee welfare benefit plans. The
course examines the rules on eligibility, participation, vesting,
funding, and plan discrimination; it also considers cafeteria plans,
flexible spending accounts, and other employee welfare benefits. The
course will review portions of the recently enacted Patient Protection
and Affordable Care Act (PPACA).
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Aviation Accident Law (2)
The course will
address the most important aspects of litigating aviation accident cases
from a practitioner's viewpoint. We will introduce students to this
complex interdisciplinary practice area and explore the major
procedural, strategic, and substantive legal issues at play when
litigating an aviation accident. Specific topics to be covered include
liability against airlines, owners and operators, manufacturers,
maintenance companies, and the Federal Aviation Administration (FAA);
compensatory and punitive damages; choice of law analysis; international
contracts of carriage and treaties; transportation and security
regulations; jurisdiction and venue considerations; the challenges of
discovery and use of experts; and the role of federal agencies such as
the FAA and NTSB. Case studies will include several major local aviation
disasters (TWA Flight 800 off the coast of Long Island, New York; American
Airlines Flight 587 at Belle Harbor, New York and the 9/11 terrorist attacks),
as well as other high profile cases. This course will bring together
many areas of law including civil procedure, torts, administrative law,
contracts, conflicts of law, and international law.
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Bankruptcy (3)
Covers basic bankruptcy law--Title 11 of the United States Code--and federal regulation of debtor-creditor relations.
Course not open to students who have taken Debtor-Creditor Law.
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Business Associations (3 or 4)
This course covers the standard subject matter of a general course in corporation law, including the nature, formation, promotion, and governance of corporations. Specific topics include comparison of the corporation with the partnership, as well as a discussion of nonpartnership unincorporated businesses (LLC, etc.); powers of the board, officers, and shareholders; the federal proxy rules; insider trading and securities fraud; problems of the close corporation; directors' fiduciary duties to the corporation and duties to the investing public; social concerns and their relation to corporate governance.
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Business Torts and Intellectual Property (3)
Oriented toward an understanding and analysis of the common law and statutory materials available for the acquisition and protection of commercial property rights. Detailed treatment is afforded the law of trademarks, trade secrets, and trade values. The interrelationship of unfair competition, trade values, patents, copyright, and false advertising is considered in some depth. Students will be encouraged to assume the role of legal counsel in typical commercial settings.
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Charitable Nonprofit Organizations (2)
This course focuses on the tax treatment of U.S. public charities and
private foundations, tax-exempt under Section 501(c)(3) of the U.S.
Internal Revenue Code. The course will also include a survey of other
tax-exempt organizations, including business leagues and social welfare
organizations, as they compare to charities. The course provides an
analysis of the requirements for federal tax exemption, including the
prohibition on private inurement and benefit, excess benefit
transactions, lobbying, and political campaign activities, and also
includes an analysis around the unrelated business income tax, the
private foundation excise taxes, and the current tax issues affecting
certain public charities, such as donor advised funds and supporting
organizations. The course will also examine a number of legal
challenges facing charities around formation, obtaining tax-exempt
status, governance, and maintenance of tax-exempt status. Through case
description and analysis, this course aims to give students a solid
introduction to grant making practicalities and operations within public
charities and private foundations.
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Commercial Law (4)
A basic course in sales, secured transactions, and negotiable instruments. Depending on the professor, course coverage can include
Uniform Commercial Code articles 2 (sales), 2A (leases), 3 (negotiable
instruments/payments), 4 (bank deposits), 4A (funds transfers), 5 (letters of
credit), 8 (investment securities), and 9 (secured transactions).
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Conflict of Laws (3)
This course examines the legal problems that arise when a lawsuit
involves parties and events connected to two or more states. These
problems concern personal and subject matter jurisdiction, choice of the
applicable state law, and recognition of the judgment by courts of
other states. In addition, students will explore the theories used by
courts and recommended by scholars to resolve these problems.
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Constitutional Law II (4)
Course includes topics not covered in the basic Constitutional Law course, but covered in the Civil Rights and Civil Liberties courses. Emphasis on First Amendment issues of freedom of speech and religion and federal civil rights legislation implementing the Fourteenth Amendment.
Prerequisite: Constitutional Law. Course not open to students who have taken Civil Rights or Civil Liberties.
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Construction Law (2)
Construction is one
of the largest, if not the largest, segments of the U.S. and world
economies. Lawyers play a significant role in the construction process, as
both counselors and litigators. The American Bar Association's (ABA) Forum on
the Construction Industry is one of the largest groups within the ABA,
with over 6,500 members. This course will expose the law student to the
legal, business and technical issues construction lawyers must master to
effectively serve their clients. The legal and business relationships
that define the construction process will be examined from the point of
view of all participants, covering every stage of a construction project
from conception through final completion and the resolution of
disputes. Legal issues involving contractual relationships, damages,
liens, defects, insurance and suretyship, and dispute resolution will be
presented from the perspective of the construction practitioner.
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Contract Drafting and Negotiation (2)
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.
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Copyright and Trademark (3)
Surveys all areas of intellectual property with a focus on copyright and trademark laws. The student will examine the laws that protect the ideas, trade secrets, rights of publicity, copyrights, trademarks, and patents of creators. This course is based in federal statutes and interpretative case law. However, state law is also reviewed and considered, with particular emphasis on relationships between state and federal laws within the constitutional framework of federalism. The move for global harmonization of intellectual property law is explored while reviewing subject matter of cases that cover a broad spectrum of products and services from the turn of the century to modern-day technologies.
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Corporate Finance (3 or 4)
The law and economics of the financing of corporations, including (1) the valuation of securities and of the issuing corporation; (2) the rights of senior security holders; (3) insolvency reorganization; (4) capital structure and dividend policy; and (5) mergers, recapitalizations, and takeovers. Course materials include basic financial economics and documentation from actual financing transactions in addition to cases, statutes, and other traditional materials.
Prerequisite: Business Associations.
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Corporate Reorganization (2)
This course explores the key legal and policy issues that are implicated when a firm reorganizes under or in the shadow of Chapter 11 of the federal Bankruptcy Code. These include the substantive and procedural requirements for confirming a plan of reorganization, the choice between judicial and market valuation of the reorganizing firm, the use of auctions and options in the bankruptcy process, the trade-offs between liquidation and reorganization, priorities in distribution, the absolute priority rule and its "new value" exception, private workouts, prepackaged plans of reorganization, claims trading, the relevance of non-bankruptcy law to the reorganization process, and the use of Chapter 11 as a mechanism of corporate governance.
Prerequisite: This course is open only to students who either have previously taken or are concurrently taking Business Associations.
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Corporate Transactions (2)
In
this course students study a diverse mix of corporate transactions.
Following the business school "case study" model, students analyze these
transactions to provide a context in which to learn legal and financial
principles and to understand the key agreements that implement the
transactions (e.g., confidentiality agreements, letters of intent,
merger agreements and legal opinions). The course involves lectures and
guest speakers who participated (as accountants, intermediaries, clients,
or lawyers) in the transactions being studied. This is also a skills
course involving negotiation exercises and the drafting of contract
provisions. Ethical issues that arise in transactional matters are a key
focus of the course.
Prerequisite: Business Associations
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Criminal Adjudication (3 or 4)
Addresses the rules that govern the processing of criminal cases, with emphasis on the adjudication stage: preliminary examination, indictment, plea bargaining, trial, sentence, appeal, and collateral attack.
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Criminal Motion Practice (2)
Criminal
Motion Practice will focus on the theory, practice, and strategies
involving criminal practice in New Jersey. Students will study the New
Jersey Rules of Criminal Procedure, prepare pleadings, and litigate
motions in a mock court setting. Beyond the craft of drafting and oral
advocacy, students will develop the strategy of criminal motions--the "why" as well as the "how."
Prerequisite: Evidence
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Criminal Procedure (4)
Provides an overview of the constitutional amendments regulating police conduct in the administration of criminal justice with special emphasis on the due process and equal protection clauses of the Fourteenth Amendment; searches and seizures under the Fourth Amendment; and police interrogations under the Fifth Amendment. Supreme Court decisions in this area have reflected intense division among the justices. Class lectures and discussion will explore the different types of arguments through which constitutional doctrine is developed and the competing assumptions and values that inform the doctrinal divisions.
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Criminal Trial Presentation (2)
Practice in preparing for and conducting criminal trials with a 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.
Prerequisite: Evidence.
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Crisis Management & Lawyers (2)
Lawyers
must often assist companies confronted with crises that arise on many
fronts, including: fires, accidents, and explosions; product tampering or
defects; workplace violence; hazardous material discharges; customer
data theft/loss; financial irregularities; employee misconduct and
technology disruptions/failures. Such events disrupt business
operations, provoke governmental investigations, and expose the company
to civil litigation as well as criminal prosecution. The resultant
damage to a company's operations, profitability and reputation can
cripple or destroy it. Proactive planning and an effective
response to a crisis significantly mitigate its consequences. This
course provides practical instruction as to the lawyer's role in
assessing the hazards and risks companies face, conducting legal audits
to ensure corporate compliance with applicable standards and authorities
and creating an effective plan to sustain business continuity in the
event of a crisis. The class also addresses the legal strategies and
techniques for responding to crises, including responding to criminal
investigations; initiating product recalls; conducting forensic and
internal investigations; preserving electronic data and other evidence;
media relations; regulatory proceedings; and civil litigation.
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Debtor-Creditor Law (4)
Provides an introduction to the law of security interests in personal property under Article 9 of the Uniform Commercial Code (UCC) and the law of individual bankruptcy and corporate reorganization under the Federal Bankruptcy Code. Article 9 topics include the creation and perfection of security interests, priority among the holders of competing interests, and the enforcement of contract rights under the UCC. Bankruptcy topics include the rights of creditors in bankruptcy, the individual's right to discharge, the relationship between bankruptcy law and state law, treatment of executory contracts, bankruptcy planning, the restructuring of corporations in Chapter 11, and the procedure for confirming plans of reorganization.
Course not open to students who have taken Bankruptcy or Secured Transactions.
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Doing Business in China: Law and Politics (3)
This course begins with an introduction to the legal system of the
People's Republic of China. After a brief description of the historical,
cultural and political roots of China's legal regime, we will turn to a
variety of Chinese laws governing business transactions and dispute
resolution (e.g. anti-competition law, company law, contract law, IP
law, joint-venture law, tax law, anti-corruption law). We will also
study cases and important legal issues American companies may encounter
while doing business in China through agents, distributors, joint
ventures, or wholly-owned subsidiaries.
Course not open to students who have previously taken Introduction to Chinese Law.
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Economic Regulation (2)
This course explores the legal and economic bases for the economic regulation of business. Included are a review of the constitutional limits upon regulation and the evolving rationales for regulation, and, with increasing frequency, deregulation. While the materials are drawn from several industries, the greatest focus is on the great transformation that has occurred in the last quarter century in the regulation of the traditional public utility firms, particularly those in the energy fields.
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Education Law (3)
A survey of the law governing public elementary and secondary education. The course considers the substantive legal issues that arise in public schools as well as the role of the law and lawyers in public education. Topics include education administration, governance, and policymaking; school desegregation, school choice, and school finance; students' rights, including the right to attend school, due process, privacy, freedom of expression, and freedom of religion; special education; and employment law issues as they arise in the public school context, including tenure, seniority, discipline, freedom of expression, freedom of religion, and collective bargaining.
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Electronic Commerce (3)
The internet is reshaping every aspect of business activity. In the emerging digital age of electronic commerce, companies will have to adapt quickly and cleverly or risk being overwhelmed by rivals. Today's laws were mostly framed for preinternet conditions, but rapid changes are essential for electronic commerce to flourish. Examines the specific business law-related issues which every firm must address when marketing a product online, executing an electronic payment process or an associated electronic delivery of goods and services. The internet has changed expectations about convenience, speed, comparability, price, service, and business transactions at every level. Such changes are being reflected in corresponding changes in commercial law. Most of the difficulties addressed by this seminar did not even exist five years ago, such as MP3 pirates, digital signature cross-certification, UCC Article 2B, and website tenant rights, among others. Unlike the Internet Law course, which considers a broad cross-section of internet legal matters, this course will focus on legal issues associated with computer, information, and telecommunication technologies as well as the internet that result in electronic business transactions.
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Electronic Discovery (2)
The course explores an essential element in modern litigation--the discovery and use of electronic information (emails, databases, and other digital data sources). Recent changes to the Federal Rules of Civil Procedure, as well as changing judicial attitudes toward best practices in this area, will be examined. For litigators of the future, basic skill in this area will be critical to success.
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Employment Discrimination (3)
Covers substantive and procedural law relating to discrimination in employment on grounds of race, color, religion, sex, and national origin. Emphasis is placed on developments under the Federal Civil Rights Act. Considers both public- and private-sector problems; judicial proceedings under the Civil Rights Act; administrative procedures under the acts, under Executive Order 11246 as amended, and under state civil rights acts; the relationship among the administrative process, the judicial process, and arbitration proceedings under collective bargaining agreements; and questions of remedy including issues relating to numerical standards, sometimes called quotas.
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Employment Law (3)
Current topics in employment relations that fall outside the system of collective bargaining, including: regulation of employment termination; privacy rights on the job (including hiring questionnaires, disclosure of personnel information, searches and seizures, drug testing, electronic monitoring); employment relations of independent contractors and home workers; employee representation on board of directors; employee-owned businesses. Problems relating to invention agreements and covenants not to compete also may be considered.
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Employment Litigation Skills (2)
Through
the use of a hypothetical case, students will engage in the full
adjudication process from commencement of a lawsuit to its resolution.
At the beginning of the semester, students will be assigned a specific
case to adjudicate (either employer or employee side). Students will
identify the key issues, develop the case strategy, and be assessed on
their ability to execute that strategy throughout the semester including
negotiating a settlement if that would serve their client's best
interests. Depending on the decisions made by the lawyering teams,
students may have opportunities to represent their clients in simulated
negotiation, mediation, state and federal agency proceedings, and in
state and federal court. The instructors, as practicing attorneys, will
offer instruction in practical skills directly related to the progress
of the simulation (such as strategic and tactical factors, settlement
negotiations, etc.). Some attention will be given to the unique
considerations involved in representing public sector employees and
employers. Throughout this 2-credit course, students will have
opportunities to craft their strategies and hone their skills.
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Energy, Economics, and the Environment (2)
This course explores the legal and economic basis for the regulation of the energy markets. Provides a brief overview of the history of the regulation of electricity, gas, generation, and transmission. Describes the role of the Federal Energy Regulatory Commission, Regional Transmission Organizations, and state public utility commissions on regulating energy costs. The materials explore the policy issues associated with deregulation of the energy industry and specifically review New Jersey's experience with deregulation. The materials cover such issues as rate regulation; siting of liquid natural gas facilities, pipelines, and new transmission lines, physical and financial hedging; and policies that encourage new generation and renewable energy. Discusses the impact of CO2 emission reduction laws on energy costs. Covers such topics as mergers and acquisitions in the energy industry and financing of new energy initiatives. The course discusses manipulation in the energy markets and its impact on the cost of energy to the consumer.
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Entertainment Law and Business (2)
This course examines a variety of legal and business issues confronted by the attorney in the entertainment industry. This practice-oriented course focuses on and explores contractual issues, industry customs and practices, and the law that impacts on entertainment management, music recording and publishing, motion pictures, television, book publishing, live theater, and new and emerging technologies. Current events and new business and legal developments are discussed and analyzed during each class.
Course not open to students who have taken Law of the Entertainment Industry.
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Environmental Law (3 or 4)
The recent attempt to convert societal aspirations for a decent environment into an effective and equitable public policy poses some extraordinarily difficult legal problems: for example, how can government decision making incorporate and balance the wide range of conflicting values; how should burdens of proof be allocated in light of factual uncertainty about long-term environmental consequences of human activities; what are the relative merits of control strategies based on economics, incentives, or direct government regulation; and on whom should the costs of environmental protection be imposed? This introductory course examines substantive areas such as air pollution control, regulation of waste disposal activity, and victim compensation schemes and procedural devices such as environmental impact statements and reporting requirements imposed on land transfers in order to identify common themes and problems underlying environmental law and to analyze how it differs in important respects from other fields of law.
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ERISA and Employee Benefits (2)
Employee
benefits issues arise in the context of business acquisitions and
divestitures, labor negotiations, health care, family law, and a host of
other practices. Knowledge of employee benefits is highly valued by
many in private practice and in-house. This course examines employee
benefits governed by the Employee Retirement Income Security Act of 1974
(ERISA) and its subsequent amendments. It will cover defined benefit
and defined contribution plans, and employee welfare benefit plans. The
course examines the rules on eligibility, participation, vesting,
funding, and plan discrimination; it also considers cafeteria plans,
flexible spending accounts, and other employee welfare benefits. The
course will review portions of the recently enacted Patient Protection
and Affordable Care Act (PPACA).
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Estates in Land and Future Interests (1)
The
seminar will offer a systematic presentation of the rules and
classifications of the estate law. It will largely repeat the Estates
and Future Interests segment of the first year Property course--with
more time devoted to understanding and applying each rule. We will be
particularly focusing on practicing problems and learning how to
classify estates and future interests and determine their validity or
invalidity.
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Estate Planning (2)
Most estate planning will address a
world where the estate tax either does not exist or can be avoided. Class will
open with problems surrounding the initial engagement and documents used in
estate planning. It will then consider the elements of the gift tax (which is not
scheduled to be repealed). The key element in estate planning is frequently
valuation of property, and the legal vehicles and rules surrounding valuation--but not the valuation process itself--will be discussed. Valuation vehicles
are the key to avoiding the estate tax even if it continues. They are also key in circumstances where
the gift tax may arise. The so-called carryover basis regime that will
accompany estate tax repeal will be considered, and dispositive instruments for
the typical two-person married household (more than 80 percent of all decedents)
will be emphasized.
Prerequisite: Federal Income Tax. Trust and Estates is highly recommended.
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Evidence (4)
Prepares the student to use rules of evidence in the preparation and trial of civil and criminal litigation. Using the Federal Rules of Evidence as a framework, the traditional categories (relevance, hearsay, impeachment, writings, experts, privileges, etc.) are examined with the objective of training students to understand the rationale behind all evidence rules so that they can reason about and use all rules of evidence with maximum effectiveness.
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Evidentiary Issues at Trial (2)
This three-day advocacy skills program focuses on special evidence issues presented during examination of witnesses at trial, whether in the criminal or civil context. The course will focus on the legal and practical issues posed by special evidentiary issues that commonly arise using documents, business records, photographs, illustrative and demonstrative aids, tangible evidence, and summary charts. Students will participate in seminars to discuss the specific legal arguments for admission of certain exhibits and then will perform exercises in a simulated trial setting to offer those exhibits into evidence through relevant witnesses. The seminars and performance workshops will be supplemented by lectures on the effective use of exhibits at trial, the mechanics of using exhibits in the courtroom, and the relevant evidentiary and presentation issues presented by specific exhibits, such as business records, summary charts, photographs, financial records, and tangible evidence.
Prerequisite: Evidence.
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Fact Investigation (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.
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Family Law (3 or 4)
Examines the legal aspects of the family unit, including establishment of the marital relationship, intrafamily rights and responsibilities, marriage dissolution, problems of support and the custody of children, and, as time allows, the role of the state in protecting the welfare of children. The changing role of women is implicated and explored in each of these areas. The 4-credit version of this course will include a greater focus on the relationship between parents, children, and the state.
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Family Law ADR (2)
This course introduces
the student to the basic divorce mediation process and skills
development. Through discussion, simulations, and role-play exercises,
this course will highlight the structure and goals of the divorce
mediation process. The course will focus on the negotiation skills and
techniques mediators use to help parties in resolving their disputes and
reaching a mutually acceptable durable agreement. The course also
examines the underlying negotiation techniques and strategies that
mediators may use; the roles of attorneys and clients; dealing with
difficult people and power imbalances; cultural considerations; the
ethical issues mediators may face; and drafting agreements. The course
also addresses the use of other professionals, including financial,
mental health, and health practitioners in the mediation process. The course
also compares the mediation process with the collaborative process.
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Federal Courts (4)
An inquiry into the powers of the various federal courts; into their relations among themselves and to other arms of governments (state and federal); and into the science, art, and politics of successfully invoking their powers. The major focus is on the role of the federal courts in our constitutional system. We will consider what types of cases the federal courts should adjudicate, the circumstances under which they should hear cases, when they should defer to proceedings in state courts or decisions by state officials, and the extent to which Congress can alter federal court jurisdiction.
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Federal Income Taxation (4)
Basic course in the structure and operation of the federal income tax and its application to individuals and business organizations.
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Federal Income Tax-Corporations and Shareholders (3)
A study of federal income tax laws relating to the conduct of business in corporate form. Deals with the transactions in which tax considerations are of particular importance in business planning, including the organization of a corporation, the formulation of its capital structure, dividend distributions to shareholders, stock redemptions, sales of stock or assets, liquidations, and corporate reorganizations. Primary emphasis on matters of interest in closely held corporations, although many of the principles are also of concern to public companies.
Prerequisite: Federal Income Taxation.
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First Amendment (3)
This course provides an overview of constitutional protections afforded
to speech and to freedom of/from religion. The course will begin with an
exploration of content-based speech regulations, including restrictions
on inducements to illegal or hostile conduct, commercial speech,
obscenity, and hate speech. We will then focus on content-neutral
regulations by studying the public forum doctrine, symbolic speech,
restrictions on political contributions and expenditures, and the right
of association. We will finish the class by exploring religion-based
limitations imposed on state action by the Establishment Clause and the
Free Exercise Clause.
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First Amendment and Free Expression (2)
Liberty of speech, thought, and association are the first and greatest of American fundamental rights. This seminar explores the rights of freedom of speech and freedom of association in a variety of contexts. The issues covered include political and "seditious" speech, political protest, artistic expression, associational rights (including those pertaining to personal relationships, such as same-sex unions), political expenditures and contributions as a form of speech, defamation and press freedom, obscene speech and pornography (and more generally sexual expression in the media), hate speech, and internet content regulation.
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Food and Drug Regulation Law (2)
A course in the federal regulation of food, drugs, cosmetics, and
medical devices four of our most vital industries. The seminar is
designed to provide an understanding of the statutory provisions and
administrative actions that govern marketing of these critical consumer
products. It deals with development of federal regulatory controls,
pursuant to the Federal Food, Drug, and Cosmetic Act, with particular
focus on the response of Congress to such proglems as the useof chemical
additives in food, the assurance of the safety and effectiveness of
drugs and medical devices, and the safety of cosmetic ingredients. A
study of both case law and administrative rule-making is undertaken by
examining a variety of actions taken by the Food and Drug Administration
(FDA) in implementing the Act. The seminar is presented to reflect the
concerns of the regulated industries as well as those of the FDA.
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Foreign, Comparative, and International Legal Research (1)
As the practice of law becomes increasingly influenced by extrajudicial or extranational 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 nongovernmental organizations.
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Foreign Relations and National Security Law (3)
An analysis of legal issues arising in the conduct of United States
foreign relations and national security, focusing on the constitutional
distribution of foreign affairs powers among the executive, the
legislature, and the courts; the roles of the President and Congress in
initiating and using military force; treaty-making; international law as
U.S. law; human rights litigation in U.S. courts; and the
justiciability of foreign affairs issues. Several weeks will focus on
current issues such as the use of force by the President with or without
congressional authorization, and the use of drones for targeting
killings.
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Gaming Law (2)
This course will provide an analysis of federal and state laws governing
legalized gaming in the United States with an emphasis on New Jersey,
Pennsylvania, New York, Nevada, and the internet. The powers of federal
and state regulatory agencies are examined, and the underlying reasons
for regulation and the methods utilized to ensure the integrity of the
gaming industry will be discussed. The course focuses on the history of
legalized gaming activities, the licensing process, and the extensive
regulation of the gaming industry. Current and future treands of gaming,
including the expansion of gaming in the United States,
internationally, and through the Internet will be analyzed. Various
statutes, administrative regulations, case law, and articles will be
used as course materials.
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Global Climate Change: Science, Law, and Economics (3)
People
are now faced in varying degrees by the worst pollution problem of all
time, the worst environmental problem of all time, and likely the worst
human problem of all time. Yet, the major greenhouse gas-polluting
states have not established effective policies and practices to mitigate
climate change risks, and most climate programs are now headed in the
wrong direction. Professor Latin has recently completed a book on
"Climate Change Policy Mistakes" and the syllabus of the most recent
global climate change course is at www.ecovitality.org/climate/.
The topics and materials are certain to change each year, which means
the previous syllabus is only a general guideline to the types of issues
to be addressed this coming semester. The course will explore
recent legislative and EPA efforts to impose climate regulation;
cap-and-trade systems, carbon taxes, and other economic-incentive
approaches; international climate treaties and continuing negotiations
on climate and development issues; and alternative remedies or partial
solutions for climate change hazards.
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Health Care Law I (2)
An introduction to the basic tenets of health law, this course will cover fundamental legal principles, laws, regulations, and issues facing health care lawyers, with a focus on health system structure, accreditation, licensing, as well as emphasis on regulatory aspects of the discipline including Medicare fraud and abuse laws, Stark laws, and other federal and state laws. Students who take this course will develop a basic understanding of the practice of health law and the fundamental principles thereof.
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Health Care Law II (2)
Health law is a specialized and complex field of law that is constantly evolving. Health Care Law II will focus more in depth on the fraud and abuse statutes by examining cases involving the False Claims Act, Civil Monetary Penalties, and the Antikickback Statute. Additionally, a review of some of the Office of Inspector General's advisory opinions and the process involved therewith will be examined. The course will also focus on health care compliance, including a review of the U.S. Sentencing Guidelines and health care organizations that have been subject to corporate integrity agreements or deferred prosecution agreements for compliance program failures. Students will gain a heightened sensitivity to the interplay between compliance and fraud/abuse issues and learn how effective compliance serves to combat fraud and abuse in the health care industry. Collectively, the topics Health Care Law II will cover will enable the students to recognize potential issues that may raise a red flag in the health care industry and how to counsel health care clients effectively in the area of fraud and abuse. Today, in part, because of the dramatic changes in the delivery and regulation of health care services, the practice of health law embraces broader and more complicated legal subject matter.
Course is open to all students, even if they have not taken Health Care Law I, which offers a thorough grounding in health law basics.
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Health Law & Policy 1 (2)
An
introduction to the basic tenets of Health Law, this course will cover
fundamental legal principles, laws, regulations, and issues facing
health care lawyers, with a focus on health system structure,
accreditation, licensing, as well as emphasis on regulatory aspects of
the discipline including Medicare fraud and abuse laws, Stark laws, and
other federal and state laws. Students who take this course will develop
a basic understanding of the practice of health law and the fundamental
principles thereof.
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History of the Common Law (3)
This course will survey the deep historical origins of our legal system and set its development in social and cultural context. We will begin by examining the extraordinary, lost world of ancient Germanic and Anglo-Saxon law, including the system of dispute resolution among the Vikings. We then will examine English legal history after the great Norman conquest of 1066 and the legal revolution wrought by Henry II and the Angevin court, the ultimate foundation of our legal system today. Topics will include Roman law and its reception in England and on the continent; the significance of Magna Carta; the legal foundations of feudalism; the development of Parliament and parliamentary supremacy (against which our federal constitution poses itself); Chancery and the history of equity jurisdiction; the development of forms of action; hundred, shire, seigniorial, and borough courts; the Court of Common Pleas, King's Bench, and Exchequer; compurgation, trial by battle, ordeal, and the history of the jury; the development of the legal profession and the history of legal education; crime and punishment in early modern England; classics of legal historiography, especially the work of F.W. Maitland, and the history and ideological significance of how the development of the common law has been understood and imagined; and the reception of the common law in colonial and revolutionary America. The course will be based in lectures and supplemented by student discussion. No previous historical knowledge required.
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Housing Law and Policy (3)
Explores selected legal and policy issues in housing and urban development, often omitted in the first-year property course because of time constraints, such as: (1) Is there a right to housing? (2) How private is private property? (3) the limits of eminent domain; (4) private government through homeowner associations; (5) Mount Laurel and exclusionary zoning; (6) landlord/tenant reform efforts (rent strikes, tenant unions, housing courts, the implied warranty of habitability, protection against retaliatory eviction, and other changes); (7) public housing; (8) homelessness; (9) squatting; (10) rent control; (11) antidiscrimination legislation; (12) federal subsidy programs; (13) predatory lending; (14) farmworker housing; (15) housing integration programs, etc.
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Immigration and Naturalization Law (2)
Survey of laws dealing with the defense of alien rights. Analysis of current law governing the admission, exclusion, and deportation of aliens. Discussion of eligibility requirements in various immigrant and nonimmigrant visa categories. Reviews of laws pertaining to the acquisition of U.S. citizenship.
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Insurance Law (2)
From the "mom and pop"
candy store to the largest multinational corporation, every business
relies on insurance to protect itself from catastrophe. This course will
provide an introduction to the nature of insurance, including the
marketplace (brokers, agents, and insurance carriers) and the major
commercial lines of insurance. We will also discuss in detail
fundamental insurance law concepts, the key provisions of an insurance
contract, and the major current areas of litigation between commercial
policyholders and insurers.
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Intellectual Property Financing (2)
Today
hard assets such as real estate and equipment make up only a third of
most companies's stock market value with intangible assets such as
trademarks and patents comprising the balance. This seminar will
initially cover the basics of intellectual property. Thereafter, it will
examine the use of intellectual property as credit support. We will
study the interaction between the law of secured transactions
(emphasizing Article 9 of the Uniform Commercial Code) and relevant
federal and state laws that govern the creation, perfection, and
enforcement of security interests in this asset class. Approaches to
drafting loan documents to include covenants that allow monitoring of
intellectual property collateral to mitigate risks in the transaction
and provide for adequate enforcement rights will be addressed. Relevant
statutes and case law will be studied.
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Intellectual Property Lawyering (3)
This
course is oriented toward an understanding and analysis of the common
law and statutory materials available for the acquisition and protection
of commercial property rights. Detailed treatment is afforded the law
of trademarks, trade secrets, and trade values. The interrelationship of
unfair competition, trade values, patents, copyright, and false
advertising is considered in some depth. Students will be encouraged to
assume the role of legal counsel in typical commercial settings.
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Intensive Deposition Advocacy (2)
This
is an advanced civil practice course focusing on planning for discovery
depositions through analysis of legal, factual, and persuasive theories
as well as witness psychology, conducting information-gathering and
admission-seeking depositions, defending depositions through ethical
witness preparation, making appropriate objections, and dealing with
obstreperous opponents. The program will be to provide participants with
opportunities to perform in a simulated deposition setting, followed by
individual faculty critique. These performance workshops will be
supplemented by lectures on specific issues relating to deposition
practice.
Prerequisite: Evidence
Students who have taken Fact Investigation may not enroll in this course.
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Intensive Trial Advocacy (2)
This
is an intensive five-day program focusing on the procedure, strategy,
and evidentiary issues involved in presenting a case to a jury, whether
in the civil or criminal context. The course will include lectures,
discussion workshops, and practical skills workshops in a mock trial
setting. Students will conduct a full trial on the final day of the
course. Lecture and workshop topics include developing a case theory,
direct and cross examination, the evidentiary and persuasion issues
relating to the effective use of exhibits, the methods and ethics of
witness preparation and opening statements and closing argument.
Prerequisite: Evidence
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International Alternative Dispute Resolution (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 the drafting of alternative dispute-resolution clauses to the enforcement of awards or settlements. Focus is on these issues in the commercial context.
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International Business Law: Trade, Labor, and Human Rights (3)
Explores the intersection of international business and economic regulation with labor and human rights. Some of the questions that we will address include: How do we enforce labor rights in a global economy? What is the relationship between foreign direct investment, liberalization of trade, and respect for human rights? Should the international trading system allow for linkages between trading privileges and human and labor rights enforcement? Does corporate law in different jurisdictions adequately provide for representation and protection of nonshareholder stakeholder interests? How do different regimes regulate labor relations and protect workers rights? How legitimate and effective are self-regulatory regimes that use voluntary codes of conduct to police supply chains and corporate activity? Are there institutions and models used in international business law, such as commercial arbitration, that might be utilized in the human and labor rights arena? Are "core labor rights" as defined by the International Labour Organization (ILO) such as freedom of association truly universal or useful concepts? What is the business and human rights movement and for what does it advocate?
In exploring these and other questions, we will study basic concepts of international business and human rights law such as international trade law, corporate governance, comparative and international labor law, the United Nations system, and the International Financial Institutions. Although primarily using a legal methodology, this course will be interdisciplinary and will be of interest to students of business, law, global affairs, and other academic disciplines.
This course is given through Rutgers Business School-Newark and New Brunswick.
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International Business Transactions (3)
A study of the private law aspects of international transactions. General topics include U.S. law as it affects the entry of persons, goods, and investment to national markets; multinational corporations; export controls; international institutions that affect private transactions, such as GATT and the EEC; and the comparative study of similar topics in both developed and developing countries.
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International Comparative Jurisprudence: Rights and Sentiments in a Globalizing Legal Culture (3)
The course focuses on jurisprudence, that is the study and theory of
law, from a comparative perspective. It starts by analyzing law from a
theoretical standpoint and continues by examining it through history and
cross-cultural perspectives. On this basis, which offers a general
understanding of law and jurisprudence, the course addresses issues of
law/jurisprudence in a comparative fashion, especially in the
contemporary context. Taking as an entry point the nature and dynamics
of rights and duties and their relations with sentiments in a world
going through a process of increasing globalization, it analyzes some of
the key aspects of law taken from Europe, the United States, Latin
America, and Asia. The course ends with exploring what the central
questions studied throughout the semester mean for the future of law,
both nationally and internationally.
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International Criminal Law (3)
This course
examines the historical development of international criminal law; the
institutions and procedures through which international crimes have been
and are currently prosecuted; substantive international crimes
including war crimes, crimes against peace, crimes against humanity,
genocide, torture, and terrorism; as well as modes of responsibility,
available defenses, and sentencing.
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International Human Rights Law (3)
This course will provide an overview of the international legal and
institutional system for the protection of human rights. We will look at
the material both from an academic perspective and from the point of
view of the human rights practitioner, tackling theoretical issues in
the field as well as assessing the practical strengths and weaknesses of
human rights law.
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International Law and a Just World Order (3)
The content of the course covers the role of legal processes, institutions, and organizations in the evolving world community. It covers the manner in which traditional international law arose and calls for an analysis of the basic concepts of international law: sources, subjects, sovereignty, treaties and agreements, jurisdiction, state responsibility, the use of force, and peaceful settlement of disputes. Insofar as possible, it deals with the interrelated problems of war, poverty and maldevelopment, social injustice, and ecological instability throughout the globe.
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International Legitimacy and Global Justice (3)
Bringing
together theory and practice, the course will examine the extent and
limits of international law and international organizations in support
of human rights and global justice. It will describe and evaluate their
contribution in these areas. The course will also explore suggestions to
achieve a better alignment of international law and international
organizations with the demands of human rights and global justice in the
future. The course is open to graduate students from the Rutgers School of Law-Newark and the Division of Global Affairs.
Course not open to students who have taken International Law & International Organizations: Extent and Limits in Support of Human Rights and Global Justice.
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International Tax (3)
This course deals with U.S. taxation of income from international transactions. U.S. income taxation of foreign persons and of foreign-source income derived by U.S. persons is examined. Topics include operation of the foreign tax credit and of U.S. income tax treaties; the new definitions of U.S. residency under the Tax Reform Act of 1984; U.S. taxation of foreign investment in U.S. real estate; deferral of U.S. tax on income derived by foreign subsidiaries of U.S. companies; and U.S. tax consequences of differing methods of conducting international business transactions.
Prerequisite: Federal Income Taxation
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International Trade Regulation (3)
Introduces students to the principal legal, business, and
policy aspects of international trade, with a strong focus on U.S. trade law within the
context of the WTO-GATT agreements. The
course will generally explore "globalization," in terms of the forms of
international business penetration, income determinations, country
classifications, and principles of sovereignty. The individual topics
covered will include: (1) the foundations of International Trade Law; (2)
international legal structures such as the World
Trade Organization (WTO), General Agreement of Tariffs and Trade
(GATT), and the North American Free Trade Alliance (NAFTA); (3) the
intersection of international trade and domestic standards; (4)
Antidumping and Countervailing
Duty law; (5) unilateral U.S. retaliation against foreign
practices
under "Section 301" of the U.S. trade statutes; and (6) trade in the
context of intellectual property rights.
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Internet Law (2)
The explosive growth of the internet as a medium for commerce and communications poses novel legal challenges. Addresses issues that must be considered when transacting business, offering services, or merely using the internet. Covers electronic commerce, intellectual property protection, state process and regulations, contracts, privacy, torts, taxation, speech, crime, security regulations, advertising, and jurisdiction, among other issues.
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Internet Legal Policy - Emerging Law and Policy (2)
This
course will examine the claim that the Internet is different from
matter addressed by traditional law and the statutory policy
implications of this claim. Focusing on Internet communication,
entertainment, and commerce, the class will address the following legal
questions: Is Internet something so substantially new that it requires
changing traditional laws or legal procedures? Can existing
telecommunications laws, publishing laws, and broadcasting laws properly
govern Internet transactions? What legal policy and procedures should
be alternated to facilitate the governance of Internet transactions and
yield acceptable results when Internet difficulties arise? Which special
Internet legal difficulties might be best addressed through reforms in
statutes? This course will cover novel legal and legislative policy
issues associated with the news media and entertainment businesses,
wrought by the Internet. Key doctrinal areas of inquiry include
intellectual property, the First Amendment, defamation, and privacy.
Neither Internet Law or E-Commerce are prerequisites for this course.
However, taking one or the other before taking this course is
recommended. Needless to say, this course does not duplicate either
Internet Law or e-Commerce.
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Islamic Jurisprudence (2)
Introduces the student to the history, sources, and methodology of Islamic law and jurisprudence (the Shari'a). The student will gain a basic familiarity with the four primary sources of the Shari'a: the Holy Qu'ran, the Sunnah (precedent) of the Prophet Muhammad, the Doctrine of Ijma' (Consensus), and Qiyas (methods of analogical reasoning used by Islamic jurists). The course is divided into two parts. In Part I, students study the history, theory, and sources of Islamic jurisprudence. Part II comprises Islamic family law, with specific reference to Islamic family law in American courts.
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Issues in Corporate Governance (3)
This seminar will explore the rapidly-evolving subject of corporate
governance. Issues we will cover include the recent federalization of
aspects of corporate governance represented by Sarbanes-Oxley and
Dodd-Frank legislation; shareholder activism and roles in governance;
corporate philanthropy (including the newly-created Benefits
Corporation); sustainability; corporate social responsibility;
shareholder proposals; "say on pay"; proxy contests; hostile tender
offers; the fiduciary duties of directors; and comparative corporate
governance.
Prerequisite: Business Associations.
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Jewish Law (2)
Covers the evolution and development of Jewish law from Biblical to Talmudic to post-Talmudic to current times. Included among the various categories of law are torts, real estate, criminal law, and commercial contracts. Addresses the judiciary and the legislative and other rule-making systems. The course culminates in an intensive study of personal property. No prior knowledge of Judaism or Hebrew is necessary.
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Jurisprudence: Human Rights and Animal Rights (3)
We will first examine the concept of a right and the differences between moral theories based on rights and those based on consequences, virtue, or other considerations. As part of this portion of the course, we will consider the relationship between law and morality. We will then explore the ways in which race, sex, sexual orientation, and species limit membership in the moral and legal community. We will examine rights issues raised in various contexts involving humans and nonhumans, including abortion, the status of women in a patriarchal society, gay rights, affirmative action, capital punishment, vegetarianism, the status of nonhumans as property, and the use of animals in biomedical experiments.
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Labor Law (3)
A study of creation and operation of the process of collective bargaining between unions and employers under the National Labor Relations Act, the Labor-Management Relations Act of 1947, and the Labor-Management Reporting and Disclosure Act of 1959.
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Land Redevelopment Law (2)
This course is oriented toward an understanding and analysis of the context, policy, statutory, and case law structure for redevelopment of New Jersey's urban centers, cities, and towns. This is in the context of New Jersey being the most densely populated state in the country and the Smart Growth trends rendering greenfields development more difficult while creating incentives and mechanisms to facilitate redevelopment utilizing existing infrastructure, systems, and resources.
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Land Use Controls (3)
An analysis of various legal controls which are available to carry out planning policy, with special emphasis on the relationship between implementing various planning goals and the basic principles of constitutional law. Review of the legal problems involved in zoning ordinances and in various types of housing and redevelopment legislation. Special attention given to the implications of such controls for civil liberties and basic democratic values. Current land use problems, including Mount Laurel.
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Law and International Development (3)
This course will prepare students to provide development law advice,
meaning advice that is legal in nature and is intended to advance
international development objectives. We will examine the role of law
and institutions in promoting development in less developed countries,
starting with a discussion of the competing conceptions of development
and its ingredients (e.g. political and social structures, land and
property rights, and enabling business environments). We will then map
out the various institutions involved to clarify the workings of the
architecture of development with an eye to understanding the trends that
are driving development assistance and finance today.
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Law and Mass Communications (2)
Explores the law that impacts upon the publication and broadcast of news and related content by traditional media, primarily newspapers, magazines, radio, and television. The course covers defamation, privacy causes of action and related news-gathering torts,
journalists' access to government information and government proceedings, reporters' privilege to protect confidential sources and material, broadcast regulation, and the impact of new technologies on media law. Some emphasis is
placed on the problems of developing a coherent theory of "freedom of the press" in the context of the media today.
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Law and the Humanities I and II (2,2)
Law is not the most effective means of social control.
Custom, morality, ethics, religion, and habit are more pervasive and have much
to do with the way people act in their day-to-day lives. Though cultures differ
radically across the planet, the experience of being a human is remarkably
constant in many respects. Drama, music, dance, architecture, painting, and
literature are some practices which are conventionally labeled as humanities.
This seminar is concerned primarily with fiction, albeit other domains--painting, film, drama--are
explored. Fiction is a useful way to explore the experience of being a human in
various societies over time and around the world. Illustrative books from past
courses (some will be repeated) include: The Book of Job; Aeschylus, The
Orestian Trilogy; Plato, Phaedrus; Hawthorne, The Scarlet Letter;
Dreiser, Sister Carrie; Eliot, Middlemarch; Dostoyevsky, The
Brothers Karamazov; Morrison, Beloved; Achebe, Things Fall Apart;
Mahfouz, Palace Walk; Amado, Captains of the Sands; Allende, The
House of Spirits; Gordimer, None to Accompany Me; Roy, The
God of Small Things; McEwan, Atonement.
Corequisite: Books may differ in the two courses. Students may enroll in both Law and Humanities I and II in either sequence.
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The Law of Democracy: Elections and the Political Process (3)
Provides a comprehensive overview of the political process, and examines the most significant contemporary legal and constitutional issues affecting federal and state elections. The course will cover rights of access to the political process, voting rights, group-based disenfranchisement, as well as structural issues such as campaign finance regulation, redistricting (generally, as well as partisan and race-based redistricting), the role of political parties, and Bush v. Gore. The course also will touch on critical aspects of New Jersey's election law including the nomination process, reporting of campaign contributions and expenditures, pay-to-play, public financing of campaigns, and other significant topics.
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Legal Accounting (2)
Intended for persons who have never studied accounting. It begins with an explanation of double-entry bookkeeping and some practice in making bookkeeping entries, and progresses through the preparation and understanding of financial statements of corporations, the stockholders' equity accounts, and the principles used in determining net corporate income.
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Legal Profession (2)
An introduction to the lawyer's role and the law governing it, including such subjects as confidentiality, conflicts of interest, the limits of advocacy, lawyer fees, delivery of legal services, malpractice liability, and client misconduct. Focuses on a series of problems, which are explored in the light of professional rules, readings, and personal choices.
Course not open to students who have taken Professional Responsibility.
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Legislation (3)
An introduction to the laws governing the legislative process and the approaches to and principles of statutory interpretation. Among other topics, the course will examine
interpretive canons focusing on statutory text, the role of legislative history, legislative intent, and legislative purpose, "plain statement" rules, the effect of the construction of statutes by administrative agencies, and
resolving conflict between statutes. Depending on the professor, the course may cover topics such as lobbying restrictions and the law relating to the election of legislators.
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Legislative Advocacy (2)
Incorporating the law, politics, and communications, this is not your
parents' course on how a bill becomes a law. Students will learn the
steps, challenges, and solutions to passing legislation from an insider's
perspective, using a multifaceted approach that reaches beyond a
classical roadmap. Using the New Jersey legislature as a prime focus,
this course will provide a hands-on experience in how to draft
legislation, work with legislative leadership and committees, involve
interest groups, influence public opinion, deal with opponents, and earn
the support of officials and staff from across the political spectrum.
Speakers will include officials, staff, and other opinion leaders. The
course will include at least one visit to the State House in Trenton.
The final paper will consist of a proposal for legislation and a plan to
get it passed, based on skills taught in the class.
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Legislative Drafting (2)
Focus is on 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 issues
that must be addressed in statutory drafting.
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Legislative Research (1)
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.
Prerequisite: Legal Research & Writing I & II. This course does not satisfy the residence credit requirement.
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Leiden Study Abroad (11)
This registration is for students enrolled in the cooperative study abroad program at Leiden University, the Netherlands.
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Matrimonial Litigation (2)
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 pretrial 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.
Prerequisite: Family Law.
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Mediation (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, which may
include a special weekend workshop at the Law School early in the
semester, 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 on a
weekly basis.
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Mental Health Law (3)
Examines various ways in which American law responds to the existence of mental illness. Readings and discussions explore such matters as privacy and the psychiatrist/patient privilege, the psychiatrist's duty to warn potential victims of a patient's violent impulses, a patient's right to refuse medication, the standard for confining those mentally ill individuals who are "dangerous" in mental institutions, and the implications of mental illness for crime and punishment, including such issues as the insanity defense and competency to be executed.
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Municipal Corporations (2)
This course will consider the forms and functions of local government,
the workings of the legislative, judicial and executive branches
thereof, the relationship of local government to county and state
authority and the legal issues likely to be involved with all of the
foregoing. The course will consider the principal decisions of the
United States Supreme Court and the New Jersey courts, with some
emphasis given to zoning and planning matters, tort claims and state and
federal constitutional issues that have particular relevance to local
government.
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National Security Law (2)
Explores the ways in which terrorism has challenged the traditional legal constructs of international and domestic law designed to protect national security. It will begin with an historical discussion of the evolution of the international law of sovereignty and war, the doctrine of posse comitatus, and the type of terrorism that has led to today's war on terror. It will proceed to examine the ways in which acts of terror were handled pre- and post-9/11, including the passage and implementation of the Patriot Act, the designation of detained individuals as enemy combatants, the use of immigration laws and material witness statutes to detain individuals, and the respective roles of domestic lawmakers and courts, international alliances, and the United Nations in conducting the war on terror.
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Negotiations (3)
Lawyers may negotiate more than they engage in any other single task. Arranging business deals, setting the terms of employment (both union and nonunion), 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. It 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. 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.
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New Jersey Practice (2 or 3)
This course examines New Jersey Civil Procedure, covering organization
and jurisdiction of the courts; venue; civil actions; process; joinder
of parties and claims; discovery; pretrial motions including discovery
motions and motions for summary judgment; pretrial conferences; motions
during trial; appeals; and satisfaction of judgments.
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(The) New Jersey Supreme Court: Powers and Relationships (3)
This
course will explore the powers of the New Jersey Supreme Court under
the New Jersey State Constitution and as described in the court's
opinions; 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, examine the relationships between the
legislative, executive and judicial branches of government in New Jersey
through a review of decisions that directly address those relationships
as well as decisions that invalidate acts of the other branches.
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New York Legal Research (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.
Prerequisite: Legal Research & Writing I & II
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New York Practice (2)
Examines the New York Civil Practice Law: organization and jurisdiction of the courts; civil actions, process; joinder of parties, claims and remedies, venue; discovery; pretrial motions, including summary judgment; pretrial conference; consolidation; trial motions; verdicts, finding, and judgments; posttrial motions; executions; Article 78 proceedings; contempt; attachment and capias; injunctions and special proceedings; appeals--final, interlocutory, and discretionary; scope of review; mandate and judgment.
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Non-Profit Corporations/Tax Exempt Organizations (2)
This course studies the Independent Sector of the economy, the
non-profit corporation. Areas of study will be the organization,
management and governance of such corporations; the indirect subsidy of
tax exemption; the scope of charity, both nationally and
internationally; and the consequences of such organizations engaging in
commercial activities.
In the winter session, the course is
taught as a one-week intensive program in the Dominican Republic, and
partners Rutgers Law School with Rutgers Biomedical and Health Sciences, the NJIT, and Cambiando Vidas,
an established 501(c)(3) operating principally in the San Juan de la
Maguano region of inland D.R., near the Haitian border. Already a
successful home-building non-profit modeled on Habitat-for-Humanity,
Cambiando Vidas will work with students from the three Newark
universities in the construction of a sturdy, modern home for a poor
family in the rural village of Las Charcas. The team from Rutgers will
be comprised of 15 upper-level law students, who will spend the mornings
each day building the home and mingling with the community, and the
afternoons and evenings in the classroom. The class will use the case
study as its focal point, examining Cambiando Vidas itself, an
established 503(c)(3) charitable organization, and will explore
developing two new organizations in partnership with the other student
groups participating in the program.
Students interested in
participating in this program should know that in addition to tuition
charged by Rutgers, Cambiando Vidas charges $1,200 for costs of the trip
(not including airfare). If you are interested in taking this class in
January, you should contact Dean Rothman (arothman@kinoy.rutgers.edu) as soon as possible, as space is extremely limited.
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Partnership and Limited Liability Company Tax (3)
This
course studies the federal income tax treatment of partnerships and
limited liability companies. It begins with the choice of entity for a
new business venture, and then addresses the issues that arise in the
formation of a partnership or L.L.C. and in its operation. The topics to be
covered include: partnership accounting, receipt of a partnership
interest for services, contributions of encumbered property, special
allocation of partnership items of income or deduction, distributions to
partners, and sale of a partnership interest. We will focus on reading
the relevant provisions of the Internal Revenue Code and Treasury
Regulations and on applying the provisions to assigned problems.
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Patent Claim Drafting (2)
Focuses on the mechanics of drafting patent claims to define
the protected scope of an invention. The course will cover 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 will be given a number of claim-drafting
homework exercises focusing on simple inventions that persons from any
technical discipline should be able to understand, and will receive
individualized feedback on their claims. Reading assignments will
consist of court opinions and sections from the Manual of Patent
Examining Procedure.
Prerequisite: Patent Law. Course limited to 12 students.
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Patent Law (3 or 4)
A study of the patent law statutes and case
law. Covers the requisites of patentability, including eligible
subject matter, utility, novelty, nonobviousness, and disclosure. It then turns to patent enforcement issues, including claim interpretation, the doctrine of equivalents, and remedies. The course also addresses the policy underpinnings of the patent system and the international context in which patents operate. Designed for a broad range of students, including those who may encounter patent issues as part of a general litigation, corporate, or regulatory practice. No scientific, technical, or patent background is required.
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Patent Litigation (2)
This course will review the major events and issues in a typical
patent-infringement litigation, beginning with the filing of a complaint
and answer, and ending with an appeal to the Court of Appeals for the
Federal Circuit. The topics to be covered include pleading requirements
(both as to infringement and defenses), discovery (fact and expert),
patent-claim construction (a so-called Markman hearing), and motions for
summary judgment (validity, infringement, and enforceability). The
practical application of key patent law and procedural law concepts will
be explored through discussion of key Federal Circuit and Supreme Court
decisions.
Prerequisite: Patent Law.
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Personal Injury Litigation Skills (2)
This
course will provide an overview of the organization of New Jersey
courts, including the Supreme Court. It will examine all stages of
personal injury litigation, with emphasis placed on New Jersey practice
and procedural law as to pleadings; motion practice; discovery and case
management; alternative dispute resolution; trials and adjournments; and
dismissals, default and enforcement of judgments.
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Pharmaceutical Patent Law (2)
Compared
with other types of companies, pharmaceutical/life science companies
face unique challenges in bringing their new products (drugs) to
market, and protecting them once they reach the market, due in large
part to the convergence of patent, FDA, and antitrust laws. This course
will study the various statutory and regulatory regimes in play,
focusing on real-world problems confronting the industry. Topics
include patent litigation between innovators and generics, settlements
and antitrust scrutiny; generic biologics; patent prosecution and
transactional issues; the branded and generic drug approval process;
and Orange Book listing requirements and strategies.
Prerequisites: This course is open to students who either: (a) have completed Patent Law; (b) have completed Copyright and Trademark or Business Torts and Intellectual Property and are simultaneously enrolled in Patent Law; or (c) have taken the Patent Bar or are former patent examiners.
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Policing the City (1)
This course will study the development, implementation, and practical
effects of urban policing strategies in New York City and the
surrounding metropolitan area. In August 2013, a federal judge ruled
that the New York Police Department's use of the popular urban
policing strategy "stop-and-frisk" had violated the constitutional
rights of the city's residents (Floyd). In this course, we will study
policing innovations, including stop-and-frisk, along with community
policing, problem-oriented policing, hot spots policing, third-party
policing, and evidence-based policing. The court's rulings in Floyd v.
City of New York, along with the resulting remedial efforts by the city
and the court-appointed independent monitor and facilitator, will form
the raw material for this course. Students will develop critical and
practical analytical perspectives on the problems attendant to policing
urban areas and the promise of reform and court-ordered remedial
efforts.
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Political and Corporate Corruption Law (2)
Law is the primary public tool to meet the challenges posed by political
and corporate corruption. Bribery, bid-rigging, undisclosed conflicts
of interest, omission of material information from corporate
disclosures, legal restraints on political activity by government
workers, and the use of campaign contributions to gain political
influence are all within the range of laws designed to limit and
restrain public and private corruption. This course will examine leading
corruption cases including the Watergate and Iran contra scandals; the
Enron, Arthur Anderson, Worldcom fraud cases; the Abscam congressional
payoff prosecutions, corporate fiduciary duty as seen in the Miliken and
Martha Stewart cases; the Clinton-era Whitewater and impeachment
investigations; the ethics inquiries of Senator Robert Torricelli and
Representative Tom DeLay. An important feature of the course will be an
extended legal analysis of corruption issues arising out of New Jersey's
political and governmental system. The full range of legal and ethical
tools concerning governmental and business corruption will be explored,
including the federal Hobbs Act, civil and criminal RICO applied to
corporate and political corruption cases; New Jersey anti-bribery act;
legislative disclosure rules, Sarbanes-Oxley corporate governance, the
status of "pay to play" donations under anti-bribery laws; obstruction
of justice and destruction of corporate records. Constitutional
questions as to state/federal enforcement power in political and
corporate cases will also be examined.
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Poverty Law (3)
After
introduction to some of the basic currents of American antipoverty
policy, the course will examine federal and state constitutional
protections for the poor with regard to housing, access to the courts,
access to the political process, and education, among other areas. It
will then examine federal social welfare law and programs (both the
procedural protections relevant to the award and termination of
benefits and some salient substantive provisions). It will then proceed
to an examination of the intersection of poverty and race and the
application of civil rights law to address issues of particular concern
to low-income communities and individuals of color. Finally, in
whatever time remains, it may address other issues such as the legal
implications of particular interdisciplinary or multifaceted problems
such as homelessness or the application of international human rights
law regimes on issues of world hunger and world poverty.
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Products Liability (3)
Examines and analyzes the origins and current role of products liability law in American society. Discusses current trends in products liability law in Congress and the courts. Additionally, focuses on the Restatement (Third) of Torts: Products Liability and the many interesting and complex issues addressed therein from the perspectives of consumers, manufacturers, and plaintiffs' lawyers. These issues include potential causes of action against manufacturers or distributors of products including liability for defective products, including standards for determining whether a product is defective (such as strict liability and risk-utility tests); liability for failure to warn of a product's dangers; and liability for failure to recall a defective product. Considers manufacturers' and distributors' affirmative defenses to such causes of action, e.g., statutes of limitation and repose, compliance with the current state of the art, assumption of risk, failure to prove proximate cause, and preemption.
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Professional and Academic Development (0)
This course will introduce and reinforce bar examination study and test-taking strategies for the New York and New Jersey bar exams. Students
will receive substantial feedback on their written work and will learn the
distinct legal writing styles specifically required by the New York and
the New Jersey bar exams. This course is designed to complement the
commercial courses that are traditionally taken by students each summer.
Whereas the summer courses are designed to teach each student the
substantive law that may be tested on the bar exam, this course will
teach each student how to attack the bar exam itself. This will include
teaching students the best study strategies to use during the summer
commercial courses, the best test taking strategies for each segment of
the respective bar exams, the best way to manage time during the summer
and on the bar exam itself, which areas of the substantive law students
should focus on and, more importantly, which areas students do not need
to focus on. Students will become familiar with what each bar exam
requires and, critically, what each bar exam does not require.
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Professional Responsibility (3)
The number of suits against lawyers is growing, as is the law of malpractice and the involvement of other lawyers representing plaintiffs or defendants. This course will consider such issues as the applicable causes of action, suits by nonclients, the role of experts, and professional rules, defenses, and the prevention of malpractice.
Course not open to students who have taken Legal Profession.
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Punishment and Sentencing (3)
Punishment
and sentencing serve many different functions in society. This course
explores connections between specific sentencing rules and the purposes,
politics, and practicalities of criminal justice. In this course, we
will consider the role of the U.S. Constitution in limiting legislative
initiatives and judicial discretion. We will examine federal and state
sentencing guidelines; sentencing factors that determine the choice of a
penalty for an individual offender; the role of race, class and gender
in administration of criminal sentences; death penalty jurisprudence;
treatment of sex offenders and other important issues of distribution of
criminal punishment today.
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Race, Civil Rights, and Equality (3)
This class will examine the arc of civil rights law and changing
conceptions of race and racial equality. A principal goal of the course
is to enhance students¿ understanding of equal protection doctrine as it
applies to race and to develop a critical analysis of that doctrine.
Among the topics that will be discussed: how law structures social
conceptions of equality and the role that courts can and should play in
promoting equality. The course will examine these topics principally
through the lens of Supreme Court cases, but will also take an
interdisciplinary approach by drawing on social science, historical
materials and social commentary on race. The class will also explore the
practical aspects of modern civil rights litigation as both a defensive
and affirmative tool, with a focus on the civil rights cases from the
Supreme Court's most recent term.
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Race, Class & Metropolitan Equity (3)
Economic
Discrimination and Communitywide Planning in the Urban Context: A
Multidisciplinary Approach to Problem Solving. Why has the economic
plight of inner-city neighborhoods remained so intractable? How can
legal approaches work to combat redlining while stimulating growth?
This course examines the myths, realities, and conventional interventions
applicable to the inner-city landscape. Drawing upon multiple areas of
the law, including civil rights models, land use, local government, and
consumer law, students will develop and defend workable approaches to
planning and legal advocacy.
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Race, Religion and Law (2)
While the black church formed the core of the civil rights movement,
with the rise of the black nationalist and black power movements of the
late 1960s and early 1970s black freedom activists increasingly rejected
Christianity as well as Martin Luther King, Jr.'s Christian inspired
emphasis on nonviolence and reconciliation. In this seminar we will
explore and interrogate the relationship between the religiously
inspired nature of the civil rights movement, the African-American
Christian tradition more generally, the ideological commitments of black
power activists, and the commitments and goals of the dominant form of
race and law scholarship, Critical Race Theory. While in light of the
richness of our subject matter we are unlikely to arrive at any definite
conclusions, students will emerge from this course able to engage the
relationship between race and law scholarship, on the one hand, and the
African-American Christian tradition and the religiously inspired civil
rights movement, on the other.
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Real Estate Transactions (3)
A survey course encompassing typical residential and commercial transactions, title assurances, and financing techniques.
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Refugee Law (2)
This course will examine
concepts underlying refugee and humanitarian protection afforded to
various classes of immigrants, with an emphasis on United States law and
policy. The majority of the course will focus on the law of asylum, a
form of relief available to those refugees who have been persecuted in
the past or fear future persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion. A portion of the course will be devoted to other types of
humanitarian relief, such as relief under the Convention of Torture;
Temporary Protected Status for those who cannot be returned to their
home country due to armed conflict or environmental disaster; and
protection for victims of human trafficking, battered immigrants,
victims of certain crimes, and abandoned or abused children. The course
will also address practical aspects of refugee representation, including
the impact of psychological trauma and cross-cultural communication.
Students will engage in experiential learning, for example by observing
asylum hearings or visiting a local detention center, and will take an
exam at the end of the semester. There is no prerequisite for this
class, and no prior knowledge of immigration law is presumed.
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Rutgers Teaching Associate (2 or 3)
This enterprise provides an opportunity for students to participate as teaching associates for Legal Research and Writing I and II. Students receive 2 credits for assisting with Legal Research and Writing I and 3 credits for Legal Research and Writing II.
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Securities Arbitration (2)
The
course involves analysis of securities arbitration with an emphasis on
the practitioner's role, and considers the procedural and substantive
aspects from the perspective of both claimant and defense counsel. This
course will explore the laws and rules governing the sales practices and
conduct of broker-dealers with respect to the sale of securities to
their customers, and will provide an introduction to the causes of
action and remedies available to aggrieved customers (and defenses
thereto), including securities fraud claims under Section 10(b) of the
Securities Exchange Act and Rule 10b-5; Securities Act claims under
Sections 11 and 12; State Blue Sky laws, and other state statutory and
common law causes of action. The course will also focus on the rules and
procedure governing arbitration practice before FINRA, including the
filing of the Statement of Claim, responding with a Statement of Answer,
arbitrator selection, prehearing conferences, discovery, prehearing
motions including discovery motions and motions for subpoenas, witness
and final hearing preparation, and confirmation of awards.
Prerequisite: Business Associations
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Securities Litigation (2)
Securities
fraud litigation has seen significant legal developments in recent
years, including a number of high-profile cases. This course provides
an introduction to the law of securities litigation. Issues covered
will include securities fraud litigation under Section 10(b) of the
Securities Exchange Act and Rule 10b-5; Securities Act claims under
Sections 11 and 12(a)(2); tender of offer fraud; and proxy fraud.
Procedural issues that arise in the class action context will also be
included in this analysis. In addition, we will study the enforcement
role of the Securities and Exchange Commission and certain issues that
arise in criminal law cases. Recent statutory developments, including
the Sarbanes-Oxley Act, will also be covered. The course will involve
analysis of securities litigation with an emphasis on the
practitioner's role.
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Securities Regulation (3)
Analyzes the series of statutes collectively referred to as the federal securities laws and examines the structure and practices of the key capital markets. The basic materials are court decisions, the Securities Act of 1933 and Securities Exchange Act of 1934, and SEC rules and regulations. Areas covered include public offerings of securities, tender offers, regulation of broker-dealers, and continuous disclosure requirements.
Prerequisite: Business Associations.
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Sexual Orientation and the Law (3)
This course
explores the different ways in which the law regulates and accounts for
sexuality and gender identity. Topics covered include the right to
privacy and its impact on the authority of the state to regulate sexual
conduct; the right to equal protection and the permissibility of
government-sponsored distinctions on the basis of sexual orientation and
gender identity; the right to free speech and association of sexual
minorities (and of those who do not want to associate with them); issues
of employment discrimination in the private, civilian, and military
contexts; and, finally, the intersecting issues of same-sex marriage and
parenting by lesbians, gay men, and transgendered individuals.
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Sports Law (2)
This course will provide an overview of the key legal concepts and
topics and their intersection into the world of sports. Topics such as
antitrust, agency, contract law, regulation, governance, labor law and
collective bargaining, media, intellectual property, etc. will be
examined in relation to their influence on the management, operation,
and regulation of sports. Students will be exposed to a variety of
contemporary issues in the field of sports law and provided insight into
opportunities in the field.
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State and Local Taxation (2)
Focuses on one of the most rapidly growing areas in taxation, examining the major types of taxation imposed and collected by
state and local governments. It will begin with a discussion of the constitutional constraints upon a state's ability to tax out-of-state corporations based on the corporations' "minimum contacts" with their
state and it will then focus on particular types of taxation, beginning with corporate income, franchise, and gross receipts taxes. In
studying such taxes, students will examine how states determine the appropriate proportion of such income taxable by a particular state, and the constraints upon such state determinations. The course will explore sales/use taxes, which
have become a much greater percentage of corporations' overall tax liability. Two major issues raised by such taxes are, first, identifying which receipts are taxable, and, second, determining the proper sourcing of receipts. Property taxes, including the different methods of valuing property and questions regarding which items are included in the tax base, will also be covered. It will conclude with a brief overview of some issues related to payroll taxes. A basic familiarity with state and local taxation is important for anyone currently working in or interested in pursuing a career in taxation, and
may well be helpful to students pursuing a corporate transactional practice.
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Taxation of Donative Transfers and Philanthropy (3)
This
course will examine the life cycle of a gift, with an emphasis on
charitable transfers and philanthropy. The course will appeal to
students interested in estate planning and working with nonprofit
organizations. Part 1, on private donative transfers, will survey the
basic structure and operation of federal gift and estate tax, and the
perennial controversy over whether the succession of wealth should be
taxed at all, and if so, to what extent. Part 2, on charitable
contributions, will examine the definition of a charitable gift and the
extent of permissible donor control over charitable assets following a
completed gift. Part 3, on the legal treatment of nonprofit
organizations, will examine the recipients of philanthropy, charitable
nonprofit organizations, which collectively comprise 10% of the American
economy. This part will include coverage of entity formation, tax
exemption status and scope, and the operation and governance of
charitable nonprofits.
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Tax Policy (3)
In this course, we will explore the policy issues that influence our
choice of tax laws. We will not focus in any significant detail on the
mechanics of the current tax law. Rather, we will spend our time
thinking about what the tax law could or should be. Specific topics will
include progressivity; tax compliance and complexity; whether a
consumption tax (such as a VAT) is desirable as a replacement for, or an
addition to, an income tax; tax expenditures; and reform or repeal of
the estate tax. Evaluation will be based on class participation and on a
final paper, which may be used to satisfy the writing requirement.
Prerequisite: Federal Income Taxation.
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Toxic Torts and Toxic Substances Regulation (3)
Toxic substances present some of the most
fascinating and difficult problems in tort litigation and environmental and health regulation. The harmful effects of toxic exposures may not appear until
years or decades after initial exposures; thousands or millions of people may
be exposed before the dangers become known, creating the prospect of
multibillion-dollar torts litigation; people are exposed to many chemicals and
drugs in their lives, often making it hard to establish causal connections with
specific exposures; scientific uncertainty is widespread, forcing the tort law
and regulatory systems to deal with serious credibility and reliability issues;
hundreds of chemicals and drugs do not receive adequate testing before they are
marketed; and when a "foreseeability" test is imposed in toxic torts
litigation, this requires very expensive evidentiary proceedings about "who
knew what when" over a long period of time. This course provides a comparative
introduction to toxic torts and regulation. We will consider how these two
imperfect legal institutions deal with characteristic problems of toxic
exposures and toxic effects, and we will also evaluate these institutions from
legal policy and social policy perspectives.
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Transactions (3)
This course covers a range of corporate and commercial transactions and
their economic underpinnings. The major part of the course will entail
students representing a start-up business and helping a fictional group
of entrepreneurs develop a successful company. As attorneys for the
start-up, students will work on the following issues: raising capital,
selecting appropriate business association forms, entering into a
variety of contractual arrangements with international customers and
creditors, dealing with counterparties in default, arbitrating or
renegotiating agreements, developing joint ventures, identifying
potential Foreign Corrupt Practices Act violations, and dealing with
other transactional issues.
Each week, students will work on a
specific hypothetical situation and confront a series of transactional
problems. Many classes will involve negotiation exercises among
attorneys representing two or three clients. Students will draft three
short assignments, including concise client memoranda and contracts.
Students may write a paper for the course. The final grade will reflect
in-class participation, assignments, and the results of a take-home
exam or paper.
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Transnational Litigation and Dispute Resolution (2 or 3)
Procedural, strategic, and substantive legal issues that are most likely to confront the American lawyer in handling the resolution of disputes that transcend national borders. Topics explored include the gathering of evidence, privileges and immunities, enforcement of judgments and awards, jurisdiction and access to judicial systems, and the extraterritorial application of domestic laws.
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Trial Advocacy Strategies (2)
This course is an advanced trial advocacy course open to second and
third year students and those selected for the National Appellate Team.
Students will have an opportunity to improve trial advocacy skills by
preparing and presenting a mock trial. Workshops and exercises will
focus on analyzing the case file and developing a trial theory, theme
and effective trial strategy, evaluating evidentiary issues and
developing a strategic approach to addressing them most effectively to
advance the legal theory and trial strategy, conducting persuasive
direct and cross examinations that advance the trial strategy and
theory, developing and delivering persuasive opening statements and
closing arguments, as well as effective use of exhibits to advance the
legal theory and trial strategy.
Prerequisite: Evidence and Trial Presentation.
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Trial Presentation (2 or 3)
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 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 four to five hours and each is conducted in one trial day, thereby simulating an actual trial schedule.
Prerequisite: Evidence.
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Trusts and Estates (4)
A survey of the law of wills, trusts, and other testamentary documents, with an emphasis on state statutes and the Uniform Probate Code. The course also includes some estate and trust administration, guardianships, and some estate and gift tax implications. The tax coverage is limited and will not prepare the students for estate planning.
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U.S. Legal Thought (3)
This course provides an introduction to the most important approaches
found in 20th century legal scholarship, including Legal Realism, Legal
Process, Law and Economics, Law and Society, and Critical theorists. We
will study the 20 classic articles found in The Canon of American Legal Thought
(David Kennedy & William W. Fisher III eds., 2006) (Princeton
University Press), which range from Holmes to John Dewey to Lon Fuller
to Ronald Coase to Duncan Kennedy to Catherine McKinnon. This collection
was first created to help students from abroad to understand the
contemporary United States legal system, and is equally illuminating for
those who know more about our law than about the ideas scholars and
practitioners deploy to analyze and change it. Our goal will be to
understand what these scholars are saying and relate their thought to
broader social concerns and developments.
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