Advanced Legislative Research (1)
This
one-credit intensive course will be offered during the summer session.
Instruction 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.
Advanced Trial Practice (2)
Prerequisites: Basic Trial Presentation and Evidence.
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.
Alternative Dispute Resolution (3)
This
course introduces law students to the range of dispute resolution
processes increasingly in use both within and outside of the courts.
These techniques -- including negotiation, mediation, arbitration, and
so-called hybrid processes such as early neutral evaluation, summary
jury trials, and mini-trials--have been incorporated into both state
and federal court programs and may be available through private
providers. Under a recently-adopted New Jersey Court Rule, lawyers are
urged to become familiar with available Complementary Dispute
Resolution (CDR) programs and inform their clients of them.
Appellate Advocacy (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.
Appellate Advocacy Strategies
(2)
Prerequisite: Appellate Advocacy.
This
course is an advanced course in appellate advocacy open to second and
third year students and those selected for the National Appellate Team.
Students will have an opportunity to improve appellate advocacy skills
by working on a brief in a mock appellate case, with individual tutorial
oversight, and then presenting the oral argument in a mock setting.
Aside from the individualized feedback on the brief and oral arguments,
an instructional component will address advances strategies for advocacy
in the appellate setting, including analyzing the substantive and
procedural issues raised by the case and the most effective strategy for
advancing your client's cause, both in writing and at argument.
Child Advocacy Clinic (6)
Students
in the Child Advocacy Clinic (CAC) work on a variety of cases and projects concerning children
and low-income families. In many of our cases, students act as law guardians (attorneys) for children who have been brought before the
family court because of child abuse and/or child neglect concerns. Many
of these children have been removed from the care of their parents, at
least temporarily, and are residing in foster care or with relatives. In
these cases, students are responsible for ensuring that the legal
interests and needs of these children are being met. As part of this
representation, students appear in court hearings in the Superior Court
of New Jersey, Essex County, Family Part.
On other cases,
students represent family members in fair hearings (like mini-trials)
before administrative law judges (of the Office of Administrative Law
and the Office of Disability Adjudication and Review) where children
have been wrongly denied needed public benefits or incorrectly
terminated from benefit programs. In these hearings, students do
everything from interviewing clients to writing briefs to representing
clients at hearings.
Community education and outreach also are an
important part of the work of the CAC. Accordingly, in addition to
individual casework, students are responsible for at least one community
education project each semester. Past projects have included conducting
educational workshops for youth aging out of foster care and youth
detained at juvenile detention centers, planning and presenting at
conferences for kinship caregivers, preparing written educational
materials, and staffing information tables at various community
gatherings.
What is unique about the CAC is its holistic,
collaborative, and interdisciplinary approach to addressing the needs of
children and families. In all its work, the CAC collaborates closely
with all of the other clinics at Rutgers School of Law and with
professionals in other disciplines in addressing the multiple issues,
legal and non-legal, that the children and their families may face. In
addition to fundamental lawyering skills, substantive law, and
professional responsibility, the CAC¿s curriculum teaches law students
the importance of evaluating cases in a comprehensive manner and how to
work effectively with persons from other disciplines.
Civil Justice Clinic (8)
The
Civil Justice Clinic, first established as the Urban Legal Clinic in
1970, instructs law students in the representation of indigent clients
and client groups in a wide variety of civil cases, primarily in the
areas of housing, family, consumer law, probate, bankruptcy,
unemployment compensation, social security and SSI disability benefits
and other public benefits law. Students handle all aspects of
proceedings including interviewing and counseling clients, negotiating
with adversaries, writing pleadings, motions, and briefs, and conducting
depositions and trials.
Housing cases typically involve
defending eviction actions, helping tenants obtain needed repairs,
litigating actions to recover tenants' security deposits, or fighting
illegal rent increases. The subject of consumer cases range from real
estate, home repair, car repair or purchase scams. Family cases may deal
with anything from "simple" divorces, domestic violence, or child
support hearings to more complex divorces involving real estate, child
support, custody, alimony, pension, or other equitable distribution
issues. The social security disability cases typically involve either
full evidentiary hearings before federal administrative law judges, often
involving the cross-examination of medical and vocational experts, or
federal court appellate advocacy involving the formal preparation of
appellate briefs sometimes followed by oral argument in U.S. District
Court or the U.S. Court of Appeals for the Third Circuit.
The
clinic also occasionally pursues larger scale law reform and impact
advocacy on systemic issues of civil poverty law, including:
- class action litigation challenging the mass destruction and misuse
of thousands of Newark's low-income federal public housing apartments
without adequate replacement,
- investigation of systemic delays in the administration of the food stamp program in New Jersey,
- advocacy on behalf of tenant groups in rent strikes against private landlords, and
- analysis and comments on proposals by the Administrative Conference
of the United States that would create additional procedural and
substantive burdens for indigent SSI and Social Security Disability
claimants.
Clinic students perform various forms of community
outreach by making presentations to veterans' groups and by aiding pro
se litigants in divorce and consumer law clinics.
The clinic will
share a lawyering skills seminar with the Criminal and Youth Justice
Clinic, instructing students in a full range of lawyering skills
including interviewing, counseling, development of a theory of the case,
cross-cultural competency, negotiation, motion practice, and various
aspects of trial practice and witness examination.
Civil Litigation Practice and Strategy (2)
This
course focuses on practical aspects of civil litigation tactics and
techniques, such as the how to of interviewing clients and case
evaluations, drafting effective pleadings, obtaining temporary
restraining orders and other emergent relief, effective discovery
planning, witness preparation, conducting and defending depositions,
retaining and using expert witnesses, motion strategy and practice, and
more. The course will integrate the study both the Federal and New
Jersey Rules of Court governing civil litigation with the practical
considerations of using those rules strategically in both the federal
and states courts of New Jersey. Instruction will include both lecture
and mock skills exercises and will include analysis of the divergence
between civil practice in New Jersey Superior Court and the U.S.
District Court.
Community and Transactional Lawyering Clinic
6 (Part-time students) or 8 (Full-time students)
The
Community and Transactional Lawyering Clinic, first established as the
Community Law Clinic in 1996, provides corporate and transactional legal
services to New Jersey nonprofit corporations (specifically those
corporations that provide services geared to the needs of lower-income
people in the City of Newark and nearby urban areas); start-up,
for-profit businesses, and microenterprises, charter schools, and
individuals such as artists and inventors.
The clinic provides
initial corporate organizational work (drafting corporate documents,
certificates of incorporation, by-laws and organizational minutes),
tax-exempt non-profit status filings, charity registration, real estate
transactions, commercial transactions and counseling on choice of
organizational form and capacity building with community groups and
various associations. Student work also includes contract drafting and
review; loan closings; equipment and facilities lease drafting and
review; bankruptcy counseling; confidentiality agreements; preparation
and revision of employee manuals; non-compete and non-disclosure
agreements; board of directors guidance; and joint venture agreements.
The clinic is principally a non-litigation clinic, although it handles a
limited number of matters which may involve some litigation such as
adult guardianship matters and some oversight and assistance of the
small legal staff of one of its largest non-profit, corporate clients,
Covenant House of New Jersey. Students may perform some work on
intellectual property matters related to their transactional clients.
Finally, the Clinic strives to advance justice and community
empowerment by representing resident groups and community development
corporations regarding urban redevelopment and planning.
Complex Litigation Practice (3)
Modern
society generates legal problems of a scale and complexity unimaginable
to the drafters of the 1938 Federal Rules of Civil Procedure. This
course explores the ambitious--and at-times controversial -- ways that
courts and litigants have responded. The course begins with a review of
procedural doctrines such as joinder and preclusion that determine how
much peace a lawsuit can provide. We then turn to a close study of the
most important attempt to scale-up civil procedure to the problems of
mass society, the class action. Although the modern class action rule
was adopted in 1966, courts continue to grapple with basic questions
about the circumstances in which a claim can be litigated on an
aggregate basis. After studying the evolution of class action law
through the current Supreme Court term, we explore other leading
responses to mass harms, including multi-district litigation, informal
aggregation, and arbitration. By the course's conclusion, students will
gain exposure to some of the most timely issues in civil litigation.
Throughout, we will consider litigation strategy, the role of
settlement, and the demands complex litigation places on the judiciary.
Short written assignments and robust class participation are required.
Constitutional Rights Clinic (6)
The
Constitutional Rights Clinic, first established in 1970 as the
Constitutional Litigation Clinic, engages in impact litigation in the
area of individual civil liberties and civil rights, as protected in the
constitutions of the United States and the State of New Jersey.
Students will be expected to research and draft briefs and other
pleadings at both the trial and appellate level. Students will also
engage in other professional skills, such as client interviewing, fact
investigation, strategic planning, crafting legal theories, and
preparing for oral arguments. Each fall on Election Day, clinic students
who satisfy the third-year practice rule regularly represent in NJ
Superior Court individual voters who have been denied the right to vote
at the polling place.
The clinic also engages in other
non-litigation projects, such as drafting proposed civil rights
legislation, coordinating voter registration programs, writing detailed
reports on constitutional violations, and commenting on proposed
administrative regulations and governmental programs to the extent they
implicate civil liberties, civil rights, and equal social justice
concerns.
Topics in any particular semester will depend upon the current clinic docket, but recent major projects have included:
- initiating litigation to establish Election Day voter registration,
- providing legal counsel to the chair of the NJ Congressional Reapportionment Commission,
- bringing the first state law challenge to the use of electronic
voting machines that do not produce a verifiable paper ballot, and
- successfully striking down the practice of denying state higher
education financial assistance to United States citizens whose parents
are undocumented immigrants.
In cooperation with the ACLU of New
Jersey, the clinic regularly files 10 or more amicus curiae briefs each
year in the New Jersey Supreme Court or Appellate Division on a variety
of civil liberties cases. Clinic students may also work on
international human rights cases in conjunction with the International
Human Rights Clinic.
Consumer Fraud Litigation
(2)
This
course will focus on the law and practice of consumer fraud litigation
in New Jersey, a practice which is important to attorneys practicing at
solo and small firms. Students will gain a proficiency in analyzing and
initiating consumer fraud cases through a comprehensive examination of
the New Jersey Consumer Fraud Act and associated New Jersey Division of
Consumer Affairs regulations, as well as other consumer protection
statutes, relevant case law and the practical application in the
litigation context. The course will also focus on the practice aspects
of consumer fraud litigation, through discussion and fact based problem
solving exercises geared towards developing the skills needed for
assessment and initiation of consumer fraud cases from review and
analysis of transaction documents to identify viable claims through to
the drafting a complaint.
Contract Drafting & Negotiation (2)
Contract
drafting and negotiation is one of the most significant and critical
functions of an attorney--applicable to both litigators and
transactional attorneys. This course will help students develop 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 mechanics and the
art of contract drafting and negotiation.
Criminal Motion Practice (2)
Prerequisite: Evidence.
Criminal
Motions 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.
Criminal Trial Presentation (2)
Prerequisite: Evidence.
Practice
in preparing for and conducting criminal trials with systematic study
of problems of gathering evidence, strategy in planning the trial, order
of proof, empaneling a jury, openings to jury, direct and
cross-examination, and summations.
Criminal and Youth Justice Clinic (8)
The
Criminal and Youth Justice Clinic, first established as a component of
the Urban Legal Clinic (now known as the Civil Justice Clinic), provides
legal representation to incarcerated youths and to adults in minor
criminal, parole, and actual innocence matters.
Students go to
court at least once each week for the purpose of interviewing and
counseling new clients facing criminal charges and representing them at
arraignment. Following the initial appearance, students conduct
investigations, engage in discovery and motion practice, negotiate
pleas, and, in many instances, prepare the case for trial. Students
conduct suppression hearings and bench trials, as well as oral argument
on sentencing and other issues, under close faculty supervision. In
addition, students undertake a variety of work on behalf of clients who
were convicted of serious offenses as juveniles, including preparation
for parole hearings, appeals from denials of parole, and investigation
of innocence claims. Finally, students work intensively with youth
committed to New Jersey's juvenile justice system, challenging
conditions of confinement, seeking parole release, appealing parole
revocations, and easing the re-entry process.
Work on behalf of
clients is supplemented by weekly case rounds classes, during which
students conduct simulated hearings, hear from guest lecturers, and
brainstorm about their cases. They also take on juvenile justice policy
projects in collaboration with the New Jersey Public Defender's office,
the Rutgers-Camden Children's Justice Clinic, the New Jersey Institute
for Social Justice, and the ACLU of New Jersey, among other
organizations.
The clinic will share a lawyering skills seminar
with the Civil Justice Clinic, instructing students in a full range of
lawyering skills including interviewing, counseling, development of a
theory of the case, cross-cultural competency, negotiation, motion
practice, and various aspects of trial practice and witness examination.
Education and Health Law Clinic (6)
Pre-
or corequisite: The Special Education Seminar serves as the seminar
component for students enrolled in the Education and Health Law Clinic
(EHLC). Students enrolled in the EHLC for the first time must also
enroll in the Special Education seminar or have previously taken this
seminar.
The Education and Health Law Clinic, first established
as the Special Education Clinic in 1995, provides free legal
representation to indigent clients in special education, early
intervention and school discipline matters. In addition, through a new
medical-legal partnership (the HEAL Collaborative) with the Rutgers
Biomedical and Health Sciences outpatient pediatrics
department, students in law and social work partner with medical
professionals to address the legal and social needs of pediatric
patients with disabilities and their families in an effort to improve
overall child and family health and well-being.
Representation in
the clinic entails everything from interviewing clients, reviewing
school and expert records, researching and drafting legal documents,
appearing at meetings with school personnel, mediation, emergency and
due process administrative hearings, to handling federal court
proceedings either on the merits or for recovery of attorneys' fees.
Students are exposed to new areas of substantive law, learn a wide
variety of lawyering skills, and experience first-hand the benefits and
challenges of inter-professional collaboration in a multi-disciplinary
setting. Students participate in a weekly case rounds class designed to
advance the case work in a group setting and to analyze and stimulate
reflection on vexing ethical, strategic, and functional issues arising
in client and project work.
The clinic also engages in community
and State-wide education and training projects and activities. The
prerequisite or corequisite Special Education Law Seminar includes
substantive law, simulation exercises, and guest lecturers from both the
educational and legal fields and provides substantive law coverage and
practice skills training for work in this clinic.
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.
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 two credit course, students will have
opportunities to craft their strategies and hone their skills.
Evidentiary Issues at Trial (1)
Prerequisite: Evidence.
Students who are enrolled in Advanced Trial Practice Seminar may not enroll in this course.
This
two and a half-day evidence advocacy program focuses on special
evidence issues presented at trial with respect to the legal and
presentation issues that commonly arise using business records,
photographs, illustrative and demonstrative aids, and summary charts.
The program includes a legal and strategy analysis of the evidence
advocacy issues presented by specific problems and then participants
will offer the exhibits into evidence through relevant witnesses in a
simulated trial setting in small group performance workshops. The
analysis and performance workshops will be supplemented by a lecture on
the effective advocacy with exhibits at trial, using exhibits in the
courtroom, the relevant evidentiary and presentation issues presented by
the specific exhibits.
Fact Investigation (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.
Federal Tax Law Clinic (6)
Prerequisite: Federal Income Tax.
The
Federal Tax Law Clinic represents low-income individuals in disputes
with the IRS. Students represent clients at audits, negotiate with IRS
appeals, and actually litigate cases in the U.S. Tax Court. Principal
educational goals include developing familiarity with tax rules and
procedures and ethical considerations in tax practice. Students develop
skills in interviewing, counseling and negotiation through simulation
exercises and then use these skills in their cases. Students argue a
mock motion and participate in a mock tax court trial. The Federal Tax
Law Clinic is open to 2L and 3L students.
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
non-governmental organizations.
Immigrant Rights Clinic (6)
Pre-
or corequisite: Students enrolling in the Immigrant Rights Clinic must
take concurrently, or have taken previously, Refugee Law.
The
Immigrant Rights Clinic (IRC), the newest of the Rutgers University–Newark clinics,
serves the local and national immigrant population through a combination
of individual client representation and broader advocacy.
Under
faculty supervision, students enrolled in the IRC represent immigrants
seeking various forms of relief from removal, including asylum for
individuals fearing persecution; protection for victims of human
trafficking; protection for battered immigrants; protection for victims
of certain types of crimes; protection for abused, abandoned, or
neglected immigrant children; and cancellation of removal. Working in
teams, students are responsible for all aspects of representing their
clients, including interviewing and counseling, preparing witnesses,
engaging in fact investigation, conducting legal research, drafting
litigation documents (such as affidavits, briefs, and evidence packets),
and oral advocacy. In many cases, students represent their clients at
immigration hearings at the end of the semester. Students may also have
the opportunity to work on broader advocacy projects on behalf of
immigrants. The weekly seminar class focuses on substantive humanitarian
immigration law and live client lawyering skills. Students also
participate in weekly team meetings and rounds sessions.
Students wishing to participate in the IRC must enroll in the Fall
semester; no new students are enrolled in the IRC in the Spring
semester.
Intellectual Property Law Clinic
6 (Part-time students) or 8 (Full-time students)
Intellectual
Property Law Clinic, first established as a component of the Community
Law Clinic (now known as the Community Transactional Lawyering Clinic),
provides intellectual property and entertainment law advice and
assistance for non-profit entities, artists, inventors, start-up
for-profit businesses and microenterprises, and charter schools. The
clinic's work includes intellectual property audits and licensing;
copyright, trademark, trade secret and patent assistance. The
Intellectual Property Law Clinic is principally a non-litigation clinic.
The clinic was one of the first clinics selected to participate in the
United States Patent and Trademark Office's (USPTO) Clinical Pilot
Program. In that program clinic students are authorized to practice
before the USPTO and have engaged in work such as drafting and filing
trademark applications, responding to office actions, and drafting and
filing briefs in appeals to the trademark trial and appeal board from
final refusals.
The clinic includes a weekly seminar taught
jointly with the Community and Transactional Lawyering Clinic which
focuses on transactional law practice.
Intensive Deposition Advocacy (1)
Prerequisite: Evidence.
Students who have taken Fact Investigation may not enroll in this course.
This
three-day deposition program focuses on effectively eliciting relevant
information and obtaining admissions through depositions. Participants
will enhance their deposition information gathering through frequent
opportunities to conduct deposition examinations and defend depositions
in a simulated deposition setting, followed by faculty commentary and
critique. Strategy sessions will include legal analysis of the issues in
the case, developing working theories of the case, planning deposition
strategy, and effective use of documents and information previously
obtained through discovery. Lectures on several topics relevant to
effective depositions will supplement participant performances and
faculty critique. The exercises will focus on witness preparation,
dealing with preliminary matters, a technique for effectively eliciting
complete information from witnesses, using exhibits, dealing with
obstreperous opposing counsel, obtaining admissions and theory testing.
Intensive Trial Advocacy (2)
This
skills course will focus on the procedure, strategy, and evidentiary
issues involved in presenting a case to a jury, whether in the civil or
criminal context. Course will include lectures, discussion workshops,
and practical skills workshops in a mock trial setting.
International Alternative Dispute Resolution (2)
This
course will explore the distinctive fora, processes, and law governing
alternative dispute resolution in the international context by examining
the entire dispute resolution process from beginning to end, i.e., from
drafting alternative dispute resolution clauses to enforcement of
awards or settlements. The course will focus on these issues in the
commercial context. There will also be an emphasis upon different forms
of dispute resolution such as mediation and arbitration and the cultural
differences of which international practitioners should be aware.
Students may be invited to participate in an international mediation
competition in the spring semester.
International Human Rights Clinic (6)
The
International Human Rights Clinic, first established as a component of
the Constitutional Litigation Clinic (now known as the Constitutional
Rights Clinic), has pursued cases and projects in U.S. domestic courts
and international tribunals to promote international human rights norms.
This clinic seeks to advance the integration of international human
rights norms into American domestic legal practice, as well as to train a
new generation of lawyers to use human rights law to advance justice in
the United States and abroad. Both applied international human rights
law and American civil rights law will be taught and utilized in clinic
cases and projects.
Illustrative examples of international human rights projects include:
- litigation under the Alien Tort Claims Act, customary international
human rights law, statutory civil rights and pendent tort claims,
challenging inhumane conditions of confinement of aliens seeking asylum
or refugee status at detention facilities;
- a petition before
the Inter-American Commission on Human Rights challenging New Jersey's
disenfranchisement of persons on probation and parole as violations of
universal human rights norms;
- an amicus brief to the U.S.
Supreme Court determining whether the Alien Tort Claims Act permits
private individuals to bring suit against foreign citizens for crimes
committed in other countries in violation of the law of nations;
- amicus briefs to the U.S. Supreme Court addressing liability for
corporations under the Alien Tort Claims Act and Torture Victim
Protection Act for international human rights violations committed
overseas; and
- reports prepared for the United Nations Human Rights
Committee evaluating enforcement by the United States of ratified human
rights treaties.
Students enrolled in this clinic will also work
on amicus briefs in cases pending in both New Jersey and throughout the
United States to inform courts about international human rights issues
related to cases pending before those courts, prepare for bi-annual
meetings with the Inter-American Commission for Human Rights and the
U.S. State Department on the U.S.'s implementation process of human
rights treaties, and work on impact litigation and other advocacy work
related to human trafficking, which has been called "modern slavery" by
the U.S. government, as well as by other nations.
Students in
this clinic will also be expected to also handle some domestic civil
rights cases and will share a seminar with the Constitutional Rights
Clinic. Students will be actively involved in all aspects of the
clinic's work including deciding which cases to take, interviewing
clients, developing the facts, crafting legal theories, drafting legal
briefs, and preparing for oral arguments.
Labor & Employment Arbitration Seminar (2)
This
seminar will consider practice and procedure in public and private
sector labor arbitration, and mandatory arbitration agreements for
non-union employees. The purpose of the seminar is to study the
practical and legal aspects of the arbitration process, and to consider
the differences between labor arbitration in a union setting, and
mandatory arbitration for non-union employees. Among the topics
discussed will be: sources of arbitration law, discovery techniques,
submission of an issue to arbitration, conduct of the hearing, rules of
evidence, burdens of proof, remedies, and the enforcement and vacation
of an arbitrator's award. Each student will be required to attend one
actual arbitration and to write a post-hearing brief. Guest lecturers
will include a labor arbitrator and a Superior Court judge.
Labor Negotiations Seminar (2)
This
seminar will present an overview of the case law in the public and
private sectors on negotiations practice and procedure, and a practical
application of the law. Students will initially participate in a few
short mock negotiations. For the remainder of the semester, students
will be broken into teams and will negotiate an actual labor contract.
The last day of the semester students will negotiate, as in actual labor
negotiations, until a final agreement is reached. Students will each be
required to write a memorandum of agreement memorializing the agreement
reached. During the semester, students will be required to solve a few
short problems regarding scope of negotiations issues that grow out of
semester long negotiations. They will be required to research a short
legal memorandum for each problem. Guest lecturers will include a
mediator and a union and/or management negotiator.
Legislative Advocacy (2)
Incorporating
the law, politics, and communications, students will learn the steps, challenges
and solutions to passing legislation from an insider's perspective,
using a multi-faceted 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.
Legislative Drafting (2)
The
course will focus upon the study of statutes generally, with a goal of
developing facility in reading and understanding statutes as well as
writing them. We will examine the sources from which statutes are often
derived, the different kinds of statutes (i.e., criminal, civil,
administrative, etc.), current styles in statutory writing, and the
parts of a statute and their functions. Students will attempt to write a
statute on a subject that presents difficult problems in order to
explore the kinds of issue that must be addressed in statutory drafting.
Legislative Research (1)
Prerequisite: Legal Research and Writing I & II. This course does not satisfy the residence credit requirement.
This
intensive course will consist of lectures and direct research over
three class days. Students will study the theory and methodology of
performing legislative research and compiling legislative histories and
learn to use legislative research as a tool for legal advocacy. The
course will focus on federal legislative materials as well as
legislative documents in New Jersey and New York. Students will gain
hands-on experience utilizing the resources of the Rutgers Law Library
and the library's computer labs and examine legislative documents in
both print and online formats. Each student will produce a legal
memorandum that analyzes the legislative history of a particular
statute. This course will be graded Pass/Fail. Enrollment in this course
is limited.
Matrimonial Litigation (2)
Prerequisite: Family Law.
This
course aims at familiarizing the students with matrimonial litigation
practice. Specifically, the students will learn all procedural aspects
associated with the commencement of a divorce action and the related
pre-trial motion practice necessary to prepare a divorce action for
trial. The students will then be taught substantive law in four key
areas of New Jersey family practice litigation: equitable distribution,
custody, alimony and child support, and attorney's fees. Finally, each
student will be given an opportunity to draft and argue before a New
Jersey Superior Court judge three distinct motions: an application for
pendente lite relief, one to enforce court ordered obligations, and an
in limine application to address trial related issues.
Mediation (2 or 3)
Mediation,
in which a neutral third party assists people in resolving their
disputes, has witnessed a phenomenal growth in the last few years. Many
court systems use mediation as a way to settle cases without a trial.
Lawyers may urge their clients to try mediation to get better agreements
less expensively, without the hostility and aggravation that often
accompany litigation. The practice of mediation seems to be on its way
to becoming a profession. Even if they do not act as mediators
themselves, lawyers may find themselves representing parties in
mediation sessions or drafting mediation clauses for contracts. But
mediation raises substantial questions about fairness, accuracy,
confidentiality, equity, and differences in power: Should it replace the
traditional ways of resolving disputes? This course will cover the key
skills that mediators should have, using simulated mediations in which
students will participate. It will also cover the conceptual issues that
should be understood to make sound judgments about the use of
mediation. After initial skills training in the course, students may
have the opportunity to act as mediators in real disputes, such as those
pending in small claims courts, municipal courts, and other venues.
Students should have enough flexibility in their schedules to make
themselves available for this kind of work.
This course may be
used to satisfy part of the requirements for the Certificate in Conflict
Management. It is designed to follow up in a more intensive way some of
the concepts introduced in Alternative Dispute Resolution, and may be
of particular interest to students who have taken, or are concurrently
taking, that course but Alternative Dispute Resolution is not required.
Negotiations (3)
Lawyers
may negotiate more than they engage in any other single task. Arranging
business deals, setting the terms of employment (both union and
non-union), transferring real estate, guiding divorces, setting all
kinds of civil litigation, and plea bargaining are all familiar features
of lawyers' work. Good negotiating involves both skill and
understanding of what one is doing. This course pays attention to both.
Students participate in and critique several simulated negotiation
exercises, drawn from varied aspects of legal practice. The course also
surveys key modern ideas about negotiation. The last few decades have
seen a substantial growth in the breadth and richness of negotiation
theory, and the course will pay attention to how theory can usefully
inform practice. This course is designed to follow up in a more
intensive way some of the concepts introduced in Alternative Dispute
Resolution, but Alternative Dispute Resolution is not a prerequisite.
New York Legal Research
(1)
Students
will gain an in-depth knowledge of New York State primary and secondary
legal materials in both online and print formats. New York legal
databases will be explored each week through in-class exercises. New
York City legal materials will also be covered. For the final paper,
students will produce a five-page annotated bibliography on a
substantive area of New York law.
Patent Claim Drafting (2)
Prerequisite: Patent Law. Course limited to 12 students.
This
course focuses on the mechanics of drafting patent claims to define the
protected scope of an invention. The course covers drafting and
analysis of independent and dependent claims, apparatus claims, Markush
groups, means-plus-function limitations, method and system claims, and
other claim types. Students are given a number of claim drafting
homework exercises focusing on simple inventions that persons from any
technical discipline should be able to understand, and receive
individualized feedback on their claims.
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.
Policing the City
(1)
This
course studies 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 (NYPD) 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.
Trial Advocacy Strategies (2)
Prerequisite: Evidence and Trial Presentation.
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.
Trial Presentation (2 or 3)
Prerequisite: Evidence.
Practice
in preparing for and conducting trials, including development of trial
strategy, opening statements and summations, the making of a trial
record, direct and cross-examination of witnesses, and preparation and
introduction of exhibits. Intensive classroom exercises will culminate
in simulated bench trials, in which students will participate as members
of trial teams. In connection with these trials, participant trial
teams will be expected to submit trial memoranda of approximately 10-20
pages in length. Each case can be tried in approximately 4-5 hours and
each is conducted in one trial day, thereby simulating an actual trial
schedule.