This course is an introduction to the law of the administrative state—to the constitutional, statutory and judge-made rules governing what agencies may do, the procedures they must follow, and how they can be held to account. Topics include mechanisms for control of agencies by the legislative and executive branches; the constitutional basis for, and limits on, governance by agencies; the availability and effects of judicial review over agency action; and the features of agency rulemaking and adjudication.
This course examines the constitutional, statutory and rule-based issues that arise in the formal processing of a criminal case. Subject include the decision to charge, prosecutorial discretion, grand jury and preliminary hearing, joinder and severance, bail and pretrial release, discovery, plea bargaining and guilty pleas, speedy trial, jury composition and selection, pre-trial publicity, confrontation, cross-examination and the privilege against self-incrimination.
This course is designed to continue the examination of the basic substantive provisions of the federal income tax law begun in Basic Federal Income Taxation, including the following general topics: income splitting and assignment, realization and recognition of gain and loss, capital transactions, the investment credit, and other taxable entities.
This two-credit clinical experience will be open to students who have previously enrolled in the 5 credit Center for Immigrants' Rights Course and will build upon the skills they have learned. The course will involve a senior role in pending cases at the Center; involvement in new initiatives undertaken by the clinic; and possible writing and editing of a publishable material in the area of immigrants' rights. There will be no classroom component.
Students in the Advanced section of the Clinic will provide important continuity to longer-term Clinic projects. Advanced Clinic students will meet with and work with first semester Clinic students, with heightened expectations for leadership and more comprehensive research, analysis, and work product.
Building on the Introduction to U.S. Legal Systems course, students will continue to develop legal analysis, writing and research skills in the persuasive writing context. Students will study and practice effective client letter writing to help students learn to craft good correspondence in a U.S. legal setting. The final portion of the course will cover contract drafting.
This course focuses on torts not involving physical injury, such as misrepresentation, defamation, invasion of privacy, interference with business relations, and misuse of legal procedure. These subjects are not ordinarily covered in the four-hour Torts course required in the first year, but have become burgeoning areas of potential liability due to the emergence of electronic communications. An effort will be made to integrate substantive doctrine and practice implications with legal, economic, political and social theory.
This course introduces the fundamental skills of trial advocacy applicable in civil and criminal trials in any jurisdiction. In keeping with the theory that trial advocacy is best learned by "doing," each student will conduct written and oral exercises concerning the various stages of the trial process-pleadings, pretrial motions, discovery, settlement negotiations, trial preparation, jury selection, opening statements, direct and cross examination of lay witnesses, examination of expert witnesses, trial motions, and closing arguments. Students are able to evaluate their own progress through viewing videotapes of their performances. The class meets jointly for lectures, while the oral trial exercises are conducted in small sections. This course is available to third-year students only.
Students synthesize the individual trial skills learned in Advocacy I by preparing and conducting an entire case, from the initial interview of the client through a trial on the merits. Each case is tried before a jury and judge from a Pennsylvania or federal court. All trials are videotaped in their entirety.
This course surveys the law of unincorporated business entities. The agency law part of the course will focus on agents' powers and responsibilities, liabilities of principals for acts of agents, and termination of the agency relationship. The partnership law part of the course will cover the fiduciary obligations of partners, partners' management and property rights, and partnership dissolutions. The final part of the course will examine the "new" limited liability entities now provided for by the law of all states, with emphasis on the formation, organization, and dissolution of limited liability companies. Although not a prerequisite, this course is strongly recommended for students planning to enroll in Corporations.
This course will introduce students to the range of current and emerging issues that confront agricultural producers, agri-business firms, and other segments of that broader sector of the economy referred to as the "food industry." The course will address a variety of issues including the history and objectives of agricultural policy, land use planning for agricultural activities, resource use and allocation, industrialization in the agricultural sector, intergenerational transfers of farm businesses, international trade, and ethical issues that confront practitioners.
This course will provide a survey of selected topics in the twentieth-century history of American law. Among topics expected to be covered: the development of banking and financial regulation; legal formalism and its Progressive and legal-realist critiques; the development of law schools and the organized legal profession; the "rights revolution" of the Warren Court and the resulting political backlash; and the rise of the modern administrative state.
*Special topic course
In this course we will address how legal systems and administrative agencies make decisions that affect nonhuman animals. The course will focus on the origins, background, and evolution of animal law and address specific substantive areas involving animals such as the concept of animals as property; contract and tort issues related to animals, animal protection laws; constitutional law issues; animal exploitation and the government regulation of animals.
This course is principally an examination of antitrust law and policy in the U.S. as evolved through prosecutions by the U.S. Department of Justice and the Federal Trade Commission. There is brief coverage of: (a) European Union and Canadian competition laws plus evolving proposals for supranational norms; and (b) leading market regulatory schemes such as those affecting marketing of foods, drugs, textiles, toxic substances, securities, and consumer products. In the antitrust area, commercial conduct alleged to violate price fixing, market allocation, tying, exclusive dealing, asset acquisition, and price discrimination norms are considered at length with some attention to state antitrust law.
Following a U.S. Securities and Exchange Commission (SEC) enforcement action from inception through an appeal in the D.C. Circuit Court of Appeals, and a subsequent appeal to the U.S. Supreme Court, this course will teach students key concepts of appellate procedure, and provide students with practical experience in using persuasive advocacy skills when drafting appellate briefs and making an oral argument to an appellate court. Class discussions will explore the decision making processes of appellate lawyers so that students better understand (1) the thoroughness of the analytical skills that appellate lawyers must employ; (2) the knowledge of litigation and appellate procedure that appellate lawyers must possess; (3) the strategic and tactical decisions that appellate lawyers must make when writing appellate briefs; and (4) the ability to think and react quickly that appellate lawyers must have when arguing before an appellate court. The course will begin with some basic instruction in SEC enforcement actions, the basic substantive securities laws that govern the appellate case that will be studied, and appellate procedural rules. The course will then teach advocacy skills in writing and oral argument by following the SEC enforcement action through its principal phases, from the complaint, the motion to dismiss, and the appellate briefs and arguments before the D.C. Circuit and the U.S. Supreme Court.
*Special topic course
This clinic is designed to acquaint students with the unique yet pragmatic knowledge and skills incident to rendering quality legal service in the art, sports, and entertainment professions. The clinic may be taken for 1 or 2 graded credits. Visit the Art, Sports and Entertainment Law Clinic for more information.
This class surveys the laws of political asylum and related protection for those fleeing danger in their home countries. It examines asylum and refugee law and policy in the United States, and sets forth the legal grounds for barring someone from asylum. It also explores the politics driving immigration policy, including asylum and refugee policy, and the federal agencies that implement those policies.
This course seeks to give the students a firm grounding in the law governing the domestic use of airspace for transportation and recreation. The licensing requirements for pilots, the struggle of the aviation industry to adapt to the market, the safety and security of passengers and the problems involved in building airports are just a few of the topics covered. The course provides an opportunity for those students who are interested in aviation to apply many of the subjects they have studied in law school to a particular area of human activity. The cases studied in the course involve, inter alia: Administrative Law, Antitrust, Bankruptcy, Conflicts of Law, Contracts, Local Government Law, Environmental Law, Labor Law, Property, Sales, Taxation and Torts.
This course will focus on banks as financial intermediaries and compare them to both the securities and insurance industries. The dual banking system of state and federal regulation will be explored as to bank formation, supervision and regulation. The course will explore the ownership and control issues affecting banks and the supervision and regulation of bank holding companies and their subsidiaries engaged in nontraditional banking activities. The causes of the financial crisis of 2007-2009, together with the reaction of financial institutions, the states, the U.S. Congress and the regulators to the crisis, will also be examined. The course will include an assessment of the deposit insurance system and the problems associated with troubled and failed banks. The course will emphasize the potential administrative enforcement, civil and criminal exposure of both regulated entities and individuals involved within those industries.
The rights, duties, and remedies of both debtor and creditor are examined. The course covers the collection process, enforcement of money judgments, and insolvency proceedings. Federal bankruptcy law is emphasized.
This course examines the basic substantive provisions of the federal income tax law. Included are the following general topics: gross income, exclusions, deductions, depreciation, basis, tax accounting, and other provisions affecting situations encountered by attorneys in general practice.
This course will provide students a comprehensive understanding of the legal issues posed by developments in genetic technologies. The course will provide an overview of the history and technical foundations of the field and examine the legal dimensions of biotechnology. Generally, the course will examine how the law reacts to legal problems that arise from new technologies and examine whether the law is capable of anticipating such problems and acting prospectively.
This course first focuses on various topics that are important in M&A transactions involving both closely-held and publicly-held corporations, including directors duties, shareholder voting and dissenters' rights, basic issues under the Federal securities laws, fundamentals of Federal income taxation and accounting, use of modern valuation techniques, including DCF and CAPM, in M&A, and basic issues in antitrust and pre-merger notification. The course then turns to an analysis of various forms of negotiated acquisition, including acquisitions of stock and assets of closely-held corporations and acquisitions of publicly-held corporations in negotiated transactions. The course is based on the first half of Thompson, Business Planning for Mergers and Acquisitions: Corporate, Securities, Tax, Antitrust, International, and Related Aspects (2008).
This course builds on the topics covered in Business Planning for Mergers and Acquisition I, and is based on the second half of Thompson, Business Planning for Mergers and Acquisitions: Corporate, Securities, Tax, Antitrust, International, and Related Aspects (2008). The course starts with an examination of leveraged buyouts, and then focuses on the drafting of various types of acquisition agreements. The course then looks at proxy contests and then turns to hostile takeovers and going private transactions regulated by the Williams Act provisions of the Securities Exchange Act of 1934. The course then looks at special topics in M&A, including spinoffs, international M&A, bank acquisitions, acquisitions of public utilities, bankruptcy acquisitions, joint ventures and ethics issues in M&A.
Selected practical problems involving the planning of business transactions, with emphasis upon the small business enterprise, are examined. Topics include: organization of close corporations, partnerships and LLCs; employee compensation; sexual harassment and discrimination issues; executive hiring negotiations; and raising capital through the sale of securities. This course is strongly suggested for anyone who plans on representing businesses.
This course is a study of the law governing the reorganization of businesses under chapter 11 and related provisions of the U.S. bankruptcy code. It includes such topics as prepetition planning, the filing of a business reorganization case (either voluntary or involuntary), jurisdiction and venue, the automatic stay and “adequate protection,” the bankruptcy estate, “first day” orders, use of cash collateral, postpetition financing, wage payment orders, rights of utilities, reclamation rights, executory contracts, employment and payment of professionals, professional responsibility in the bankruptcy context, creditors’ (and other) committees, chapter 11 trustees and examiners, substantive consolidation, chapter 11 plans and disclosure statements, plan confirmation, claims objections, avoidance actions, coordination of international insolvency cases.
The course component of the Center teaches students the skills necessary to be effective immigration advocates and attorneys. Principally through representation of organizations, students will work on innovative advocacy and policy projects relating to U.S. immigration policy and immigrants’ rights. Students should expect to put in as much time as is required to complete project work successfully, which will be an average of twenty hours per week. Working primarily in teams, students will build professional relationships with government and non-governmental policy makers, academics, individual clients, and others. Students earn 5 credits and are limited to one semester of enrollment. Visit the Center for Immigrants’ Rights Clinic for more information.
The course will provide instruction to students in the legal representation of children in various civil matters, including dependency, adoption and custody actions. Students will be managing a caseload of clients. Students will meet directly with their clients, and correspond with agencies and opposing counsel. Students will appear at all court appearances with a supervising attorney. The supervising attorney will meet with students individually on a regular basis for case reviews. The classroom component of the course will focus on various substantive and skills issues, including lectures on child interviewing skills and lectures from physicians on the medical aspects of child abuse, etc. The students will also review legislative and policy issues related to children's advocacy. Students earn 4 credits. Visit the Children's Advocacy Clinic for more information.
The most important issue of Civil Law today is its Worldview and its perspectives on Citizenship as well as on International Justice. In other words, particularities of the Civil Law sustain a worldview that stems from Roman Law-traditions and practices of the Roman Empire. These pertain to more recent legal developments taking place in a unifying Europe. The profiles of the major functionaries in today's Civil Law domain: judges, attorneys, EU civil servants and administrators mirror such traditions. This Course is not restricted to a traditional comparative perspective. Means are provided for a correct and effective transnational communication between legal professionals. To study Civil Law and EU Law implies an approach, understanding and management of the electronic means to communicate with its citizens, institutions and courts. The EU website is an outstanding instrument to understand the structures within lawyers must operate. Where also Common Law lawyers have to direct themselves to EU Civil Law colleagues and counterparts, they should possess knowledge and skills to understand and exercise to manage that website. The Course introduces into the basic principles and skills of the site.
This course examines the protection of individual rights afforded by the Constitution by analyzing litigation involving violations of individual rights by the government and its officers. The principal substantive areas addressed are prisoners' rights, police misconduct, and political surveillance. In the process of examining the substantive civil rights issues, the course will analyze advanced concepts of civil procedure, constitutional law, federal jurisdiction, and trial practice.
Disposition before trial occurs in the vast majority of civil lawsuits (e.g., 98% of federal cases), which makes pre-trial advocacy the dominant part of legal practice at most law firms and agencies. Prior to entering the courtroom, most junior attorneys will cut their legal teeth on pre-trial activities and motions practice. This course will combine elements of core curriculum courses, legal writing, and experiential learning by engaging students with a robust fact pattern requiring research and analysis leading to written pre-trial advocacy including pleadings, discovery and disclosures, motions (procedural, substantive, and dispositive), negotiation and settlement documents. Paralleling a case through complex civil litigation, this “in-context” course will provide students with insight into the process of preparing a case for trial or, more likely, bettering the client’s position for a pre-trial disposition.
*Special topic course
Civil Procedure concerns the rules and principles that govern the litigation of a civil case. The course addresses systemic issues related to how and where a lawsuit is filed, including: personal and subject matter jurisdiction; venue; the notice required once a lawsuit has been filed; and which substantive law-state or federal-should apply in federal court. The course also familiarizes the student with the stages of a lawsuit, including: pleading; structuring the lawsuit; discovery; termination of a lawsuit without trial; trial; and actions that may be taken after a jury verdict or bench trial. Although reference is made to state laws, the course concentrates on the Federal Rules of Civil Procedure.
This clinical offering will provide exposure to drafting merits and amicus briefs in non-criminal civil rights cases in the state courts, federal appellate courts, and the United States Supreme Court. Cases may derive from various sources, such as civil rights advocacy organizations, Third Circuit pro bono referrals and from PSU-Dickinson School of Law professors. In addition to brief preparation, students will participate in identifying potential cases for the clinic, case selection and the development of appropriate appellate strategy.
This offering will provide intensive training in appellate advocacy by involving students in non criminal civil rights cases before the state appellate courts, federal courts of appeal and the United States Supreme Court. Students will assist in case selection, the development of substantive legal positions, provide research, assist in appellate strategy development and draft briefs. As this as a new clinical offering an initial focus will be on amicus briefs, however the driving decision for case selection will be which cases, during any particular clinic session, offer the best pedagogical value. In working on these cases students will have exposure to top civil rights and appellate litigators in the country. In addition to this work, there will be classroom sessions which will be augmented by presentations by experts in the field and attendance at oral arguments when appropriate. Visit the Civil Rights Appellate Clinic for more information.
This seminar explores the class action device, tracing its historical origins from the earliest forms of aggregate litigation through various amendments to Rule 23 and passage of the Class Action Fairness Act. Although other non-class aggregation techniques are discussed, they are addressed only for comparative purposes. The unique nature of representative litigation and the special issues that arise during the course of a class action are the subject of discussion and student presentations during seminar sessions. Considerable discussion is devoted to the roles of the various "players" in a class action: the qualifications of the class representative, the qualifications and interest of class counsel, and the fiduciary role of the district judge.
This course introduces students to the dynamics of a productive attorney-client relationship, the goals of interviewing and counseling, and structures and techniques that can be used to achieve those goals. The focus is on developing students' skills in interviewing and counseling. Instruction consists of assigned reading, problem-solving exercises, group discussion, and practice through simulations.
This course will explore current issues in communications law including First Amendment constraints on the regulation of the content of telephone calls and television advertising, cable TV monopolies, and telecommunications regulations and deregulation. Course materials explore regulatory, constitutional, and antitrust law principles as they apply to broadcast, cable, and telecommunications activities.
A general civil litigation clinic, which includes various forms of mediation, negotiation, etc., in addition to civil hearings and traditional courtroom litigation. Due to the litigation component of this clinic, it will serve only students residing in Carlisle. Areas of law which students will be exposed to include: divorce, custody, support, protection from abuse, adoption, social security and supplemental security income claims, guardianships, special education, American with Disabilities Act claims, civil rights actions, and health care directives. Cases will be selected based on educational value to students and expertise of the clinical faculty. Students who select a family law emphasis in their clinic work will enroll in the Family Law course as a pre- or co-requisite. Students who select a disability law emphasis in their clinic work will enroll in the Disability Law course as a pre- or co-requisite. Preference will be given to students who have already taken either course.
This course focuses on the antitrust law of the European Union and selected other jurisdictions. It will cover international mergers, monopolies, price fixing cartels, distribution restraints, and related topics. The course examines principles of comity and cooperation among international enforcers investigating cases with a multi-national impact. We also review the antitrust laws of other selected jurisdictions, focusing on proposed and recently enacted competition laws including those of selected new entrants to the European Union and China, and on laws of other jurisdictions with an important impact on U.S. firms such as Japan. Finally, the course will consider issues such as advising multi-national clients, obtaining discovery internationally, and litigating complex cases.
The principal objective of this course is to provide students with a greater understanding of how their country's body of constitutional law is shaped by history, institutions, and current values. The comparative project, by focusing on narrow differences between two very similar countries, allows students to move beyond an acceptance of basic premises of constitutional law as "natural" or "inherent." As an important dividend, students will gain basic knowledge of foundational concepts in the legal landscape of their country's largest trading partner, hopefully providing students with a comparative advantage in seeking employment with government offices and private firms whose clients engage in substantial cross-border transactions.
This seminar, taught via AV with students at the University of Montreal, explores constitutional law differences in the US, Canada, Australia, and South Africa. The focus is on differences in history, legal and political institution, and current values that may explain different doctrinal paths.
* Special topic course
This course treats the unique problems of Home country taxation of the foreign income and operations of resident persons and enterprises and Host country taxation of foreign persons and enterprises. Topics include the treatment of cross-border business and investment; sales, financing and e-commerce; the source of income; worldwide and territorial taxation; methods for the elimination of double taxation including foreign tax credits, exemption, and treaties; controlled foreign corporations; tax avoidance; and value added taxes. While stressing the law of the United States and the European Union, this course broadly examines the tax law of both developed and emerging economies to gain a better understanding of the impact of taxation internationally.
This seminar gives students experience in researching, drafting and orally presenting an in-depth comparative scholarly work product. Early in the seminar, in consultation with the professor, students identify and select a timely and important topic which will serve as the subject of their Seminar research paper. Each student’s research and written drafts are subject to ongoing review and critique by the professor and student colleagues throughout the Semester. When completed, each research paper is presented orally to the Seminar at the end of the course. The comparative research and drafting exercises sensitize students to the civil law tradition and contemporary national and supranational legal systems in Europe and around the world that have grown out of or have been substantially influenced by the civil law tradition. Students also develop client counseling skills.
How do we resolve problems when the substantive law or procedural rules of states or nations conflict? For example, if Hawaii enacts a statute permitting same-sex marriages, must other states recognize such a marriage? If an American-owned factory explodes in India, may the injured pursue claims under American tort law? The course will provide a review of jurisdictional concepts introduced earlier in first-year courses, introduce choice of law issues for multistate or multinational transactions or events, and examine the influence of the U.S. Constitution on the reach of a state's judicial decisions or legislation outside the state.
This seminar will examine the law and procedures governing congressional investigations through a series of case studies. Case study topics will include the Teapot Dome scandal, the 1929 stock market crash Pecora hearings, the House Un-America Activities and Senate McCarthy committees, Watergate, Iran-Contra, and Whitewater, as well as an examination of special investigative commissions which will include the Roberts Commission's investigation of the Pearl Harbor attack, the Warren Commission's investigation of President Kennedy's assassination, and the 9-11 Commission's investigation of the 9-11 terrorist attacks. These case studies will be the vehicles for studying the substantive law and legal procedures that govern the conduct of congressional investigations, including congressional subpoena power and its limits, privileges available to witnesses, testimonial immunity grants, assertions of executive privilege, contempt sanctions, perjury and false statements sanctions, and the role of counsel in congressional investigations.
The course examines the roles of the executive, legislative, and judicial branches in determining limits of national and state powers and protection of the individual and civil rights provided in the United States Constitution.
This course studies the development of equal protection law under the Fifth and Fourteenth Amendments, the state action issue, and the free exercise and establishment clauses of the First Amendment.
This course examines the peculiar legal problems encountered on construction projects. It covers contract, tort and statutory law as adapted specifically to the construction industry. It analyzes the perspectives of an owner, developer, architect/engineer, contractor, subcontractor and bonding company, both in the context of private and public construction projects, commercial and residential. The principal areas of inquiry are contract structure, public bidding, theories of liability, payment and security mechanisms, claims related to time, disruption and extra work, and claims arising from construction defects. This course is designed to enable you to become familiar with construction law and the construction industry so that, whether you work in the public sector or private practice, you will be able to offer practical legal advice to construction professionals.
Contracts is concerned with the formation of contracts. The traditional offer and acceptance are analyzed in light of problems presented by modern bargaining techniques. Voidability of contracts formed by fraud, mistake, illegality, and unconscionable advantage is also stressed. The performance of contracts and the parol evidence rule are discussed.
The course addresses the legal protection afforded to authors and artists under common law and statutory copyright. It considers the rights granted, procedure for their procurement, and protection through litigation. The course also deals with international rights, conveyancing, and interface with the antitrust laws.