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  The School of Law - Newark 2013–2015 Course Listing Skills Courses  

Skills Courses

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.

 
For additional information, contact RU-info at 732-445-info (4636) or colonel.henry@rutgers.edu.
Comments and corrections to: Campus Information Services.

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