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Course Descriptions
| Administrative Law (GOVMT 952) — 3 credits |
Credit Only: N Anon Gr: Y
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The administrative process, rules and rule making, inspections and investigations, administrative hearings, rules of evidence, presumptions, burden of proof, formal and informal actions, orders, the right to, methods of obtaining, and scope of judicial review are examined.
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| Prerequisites: None |
| Advanced Criminal Procedure (CRIML 953) — 2 credits |
Credit Only: N Anon Gr: Y
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This course examines issues that arise in the formal processing of a criminal case. Statutes, case law, and rules will be discussed concerning bail and preventive detention, discretion to prosecute, speedy trial, discovery, double jeopardy, plea bargaining, trial by jury, confrontation, cross examination, and the exercise at trial of the privilege against compelled self-incrimination.
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| Prerequisites: None |
| Advanced Evidence Seminar (SEM 901) — 2 credits |
Credit Only: N Anon Gr: N
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This seminar provides students with the opportunity to delve into advanced aspects of trial practice theory through research, writing and class presentations. The seminar will closely examine scientific evidence, including concerns raised by the increasing use of experts and the importance of cutting edge scientific, empirical or statistical proof, including DNA evidence. Students will select topics for individual exploration.
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| Prerequisites: SKILS 955 Evidence |
| Advanced Federal Income Taxation (TAX 950) — 3 credits |
Credit Only: N Anon Gr: Y
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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.
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| Prerequisites: TAX 949 Basic Federal Income Taxation |
| Advanced Legal Research (SKILS 952) — 2 credits |
Credit Only: N Anon Gr: N
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The process and techniques of research necessary for the practice of law are explored from historic, conceptual, and practical perspectives. The tools of legal research, including technology based sources, are investigated in detail. Skills needed to research factual issues will also be developed.
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| Prerequisites: None |
Advanced LL.M. Legal Analysis, Writing and Research
(SKILS 963) — 2 credits |
Credit Only: Y Anon Gr: N
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The semester will begin with a study of persuasive writing. Students will draft a memorandum to a court in support of a trial motion. In conjunction with this exercise, students will attend a court proceeding, and give an oral argument for the trial brief problem. Next we 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 essay exams for the bar exam.
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| Prerequisites: CORE 913 Introduction to the United States Legal System |
| Advanced Torts (CL&CR 976) — 2 credits |
Credit Only: N Anon Gr: Y
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| 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. |
| Prerequisites: None |
| Advocacy I (SKILS 950) — 4 credits |
Credit Only: N Anon Gr: N
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| 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. |
| Prerequisites: SKILS 955 Evidence (may also be taken concurrently) |
| Advocacy II (SKILS 951) — 3 credits |
Credit Only: Y Anon Gr: N |
| 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. Advocacy II is one of the core courses for the Certificate in Dispute Resolution and Advocacy. Preference is given to students seeking the Certificate in Dispute Resolution and Advocacy. See Certificate requirements for procedures to be used to qualify for such preference. |
| Prerequisites: SKILS 950 Advocacy I |
Agency, Partnerships, and Limited Liability Entities
(CCLAW 955) — 2 credits |
Credit Only: N Anon Gr: Y
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| 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. |
| Prerequisites: None |
| Agricultural Law (CCLAW 956) — 3 credits |
Credit Only: N Anon Gr: N
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| 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. |
| Prerequisites: None |
| Animal Law (PERSP 979) — 3 credits |
Credit Only: N Anon Gr: N
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| 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. |
| Prerequisites: None |
| Antitrust (CCLAW 991) — 3 credits |
Credit Only: N Anon Gr: Y
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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.
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| Prerequisites: None |
| Appellate Practice (SKILS 953) — 2 credits |
Credit Only: N Anon Gr: N
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| A required brief-writing and appellate argument exercise before a panel of faculty and attorney judges follows a series of lectures and videotapes on the appellate process and appellate advocacy. This course is a prerequisite for Writing Workshop. |
| Prerequisites: None |
| Asylum and Refugee Law (INTER 961) — 3 credits |
Credit Only: N Anon Gr: Y
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| 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. |
| Prerequisites: None |
| Aviation Law (GOVMT 985) — 2 credits |
Credit Only: N Anon Gr: Y
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| 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. |
| Prerequisites: None |
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Banking Regulation (CCLAW 957) — 2 credits
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Credit Only: N Anon Gr: Y
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This course will focus on banks as financial intermediaries and compare them to other depository institutions and to both the securities and insurance industries. The dual banking system of state and federal regulation will be covered as to bank formation, powers, antitrust considerations, mergers, and geographic restrictions on business location. The course will explore the types of ownership of banks and the regulation of bank-holding companies and their subsidiaries engaged in nontraditional banking activities. The course will include deposit insurance systems and the problems of troubled banks.
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Prerequisites: None
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| Bankruptcy (CCLAW 961) — 3 credits |
Credit Only: N Anon Gr: Y
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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.
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| Prerequisites: None |
| Basic Federal Income Taxation (TAX 949) — 3 credits |
Credit Only: N Anon Gr: Y
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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.
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Prerequisites: None
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| Biotechnology Law (PERSP 973) — 3 credits |
Credit Only: N Anon Gr: Y
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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.
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| Prerequisites: None |
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Business Planning for Mergers and Acquisitions I (CCLAW 964) — 3 credits
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Credit Only: N Anon Gr: Y
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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).
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Prerequisites: CCLAW 963 Corporations Recommended
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Business Planning for Mergers and Acquisitions II (CCLAW 965) — 3 credits
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Credit Only: N Anon Gr: Y
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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.
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Prerequisites: CCLAW 963 Corporations and CCLAW 964 Business Planning for Mergers and Acquisitions I Recommended
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| Business Planning for Small Business Enterprises (CCLAW 958) — 3 credits |
Credit Only: N Anon Gr: Y
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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.
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Prerequisites: TAX 949 Basic Federal Income Taxation , CCLAW 963 Corporations strongly recommended
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Civil Liberties Litigation (CL&CR 956) — 3 credits
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Credit Only: N Anon Gr: Y
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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. (Offered in alternate years.)
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| Prerequisites: None |
| Civil Procedure (CORE 900) — 4 credits |
Credit Only: N Anon Gr: Y
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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.
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| Prerequisites: None |
| Class Actions (SEM 916) — 3 credits |
Credit Only: N Anon Gr: N
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| 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. |
| Prerequisites: None |
| Client Counseling (SKILS 957) — 2 credits |
Credit Only: N Anon Gr: N
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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. Client Counseling is one of the core courses for the Certificate in Dispute Resolution and Advocacy. Preference is given to students seeking the Certificate in Dispute Resolution and Advocacy. See Certificate requirements for procedures to be used to qualify for such preference.
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| Prerequisites: None |
| Communications Law (INTPR 950) — 2 credits |
Credit Only: N Anon Gr: N
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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.
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| Prerequisites: None |
| Comparative Antitrust Law (INTER 968) — 3 credits |
Credit Only: N Anon Gr: Y
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| 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. |
| Prerequisites: None |
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Comparative Constitutional and Public Law (U.S. and Canada)
(INTER 958) — 3 credits |
Credit Only: N Anon Gr: N
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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.
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| Prerequisites: None |
| Comparative Constitutional Law (INTER 957) — 2 credits |
Credit Only: N Anon Gr: Y
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The purpose of the course is to bring the techniques and goals of comparative law to bear on the study of different structures for organizing a government, and different approaches to the conception of a just, effective, and stable form of government. The course starts with an introduction to the issues and methodologies of comparative constitutional law. We then consider the role and structure of constitutional courts. The course then covers some or all of the following issues: (i) the role of constitutional courts in policing or enforcing boundaries of power among different organs of government; (ii) federalism and constitutionalism; (iii) the protection of the rights of territorial, linguistic, racial, religious or other minorities within the nation; (iv) protection of religious freedom; (v) protection of speech; (vi) protection of social and economic rights.
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| Prerequisites: None |
| Comparative Judicial Law Making in the U.S. and the European Union Seminar (SEM 907) — 3 credits |
Credit Only: N Anon Gr: N
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This course examines the contribution of the judiciary to political governance in comparative perspective. It focuses on the Supreme Court and the European Court of Justice, which is the highest court of the European Union. It also takes into account selectively judgments of other constitutional courts. It seeks to explore the function of judicial review in modern democracy through a study of judicial decisions in selected areas. It examines the relationship between the judiciary and the other organs of government and the role of courts in protecting the citizen. It focuses on the following areas: federalism, the protection of human rights, the principles of democracy, non-discrimination, equality, proportionality, legitimate expectations, and fair hearing; Locus standi, remedies for the protection of constitutional rights, and the liability of public bodies and state agencies.
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| Prerequisites: None |
| Comparative Law Seminar (SEM 908) — 3 credits |
Credit Only: N Anon Gr: N
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An introduction to civil law tradition and to the modern legal systems in Europe, Latin America, Africa, the Middle East, and Asia that have grown out of or have been substantially influenced by it. This course provides a foundation for subsequent study of international business transactions, East European law, private international law, and the law of such international organizations as the European Community, the Central American Common Market, and the Andean Pact. Emphasis will be given to procedural problems faced by domestic courts when they have to decide cases involving foreign law and the fundamental differences in approach and method between common law and civil law. (Offered in alternate years.)
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| Prerequisites: None |
| Conflict of Laws (SKILS 958) — 3 credits |
Credit Only: N Anon Gr: Y
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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.
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| Prerequisites: None |
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Conflict Resolution Theory Seminar (SEM 909) — 2 credits
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Credit Only: N Anon Gr: N
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This seminar is a capstone offering available to students about to complete the certificate program in Dispute Resolution and Advocacy and to other students to the extent that space is available. The seminar will examine theories of conflict and conflict resolution, including game theory, economic theories, psychological and cognitive theories, and persuasion theory, procedural justice issues, and social and literary phenomena relating to conflict. The seminar will draw heavily on sources in the social sciences and humanities, as well as on legal sources. The precise content of the seminar will vary from year to year depending upon the interests of the instructor, the interests of the students, and recent contributions to scholarship in the field. Conflict Resolution Theory Seminar is one of the core courses for the Certificate in Dispute Resolution and Advocacy. Preference is given to students seeking the Certificate in Dispute Resolution and Advocacy. See Certificate requirements for procedures to be used to qualify for such preference.
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| Prerequisites: SKILS 950 Advocacy I, SKILS 960 Negotiation/Mediation, and SKILS 962 Arbitration in the U.S. |
| * Congressional Investigations (SEM 997E) — 2 credits |
Credit Only: N Anon Gr: N |
| 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, Whitewater, and the Nixon and Clinton impeachment proceedings, 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. |
| Prerequisites: None |
| Constitutional Law I (CORE 903) — 3 credits |
Credit Only: N Anon Gr: Y
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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.
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| Prerequisites: None |
| Constitutional Law II (CL&CR 963) — 3 credits |
Credit Only: N Anon Gr: Y
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| 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. |
| Prerequisites: None |
| The Constitutional Law of Religion (CL&CR 957) — 3 credits |
Credit Only: N Anon Gr: Y
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This course examines current constitutional doctrine concerning religion under the First Amendment to the Constitution. The focus will be on the essential cases and principles of the Free Exercise and Establishment Clauses of the First Amendment. These cases and principles are organized along three thematic lines: (1) the regulation of religious activity (free exercise and neutrality, governmental interests, legislative accommodation), (2) the funding of religious activity (establishment and neutrality, governmental support of religious institutions), and (3) the treatment of religion in government's culture shaping activities (public schools, school curriculum, religious speech). The course ends with a discussion of the definition of "religion" for purposes of federal constitutional law.
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| Prerequisites: None |
| Construction Law (RP&EL 980) — 2 or 3 credits |
Credit Only: N Anon Gr: Y
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The course covers principally contract law as adapted specifically to the construction industry. It includes the perspectives of construction owner, architect/engineer, contractor, subcontractor and bonding company, both in the context of private and public construction projects. The principal areas of inquiry are contract structure, risk sharing, payment and security mechanisms, claims related to time, disruption and extra work, and claims arising from construction defects. It will also cover dispute resolution methods employed in resolving construction claims.
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| Prerequisites: None |
| Consumer Protection (CCLAW 960) — 2 credits |
Credit Only: N Anon Gr: Y
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This course will deal with federal and state statutes and regulations that primarily protect the consumer. Federal laws covered in detail are the Magnuson-Moss Warranty-Federal Trade Commission Improvement Act, the Consumer Credit Protection Act, and federal tax lien statutes. State laws on false and misleading advertisements and full disclosure will be examined, along with state procedures for attachments in the enforcement of money judgments.
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Prerequisites: None
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* Contemporary Topics with White Collar Crime (SEM 997A) —
2 credits |
Credit Only: N Anon Gr: N |
| This course is designed to improve students' understanding of the theoretical and policy justifications underlying the prosecution of white collar crime. Students will examine current issues in the debate over corporate criminal liability, prosecutorial discretion, and federalization of crime. Students will also examine these issues as applied to real cases such as the prosecution of Martha Stewart and the prosecution of Enron and Arthur Anderson. Other topics to be covered include theories of punishment; internal investigations and corporate compliance programs; corporate attorney-client privilege; and sentencing. |
| Prerequisites: None |
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Contracts (CORE 905) — 4 credits
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Credit Only: N Anon Gr: Y
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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.
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| Prerequisites: None |
| Copyrights (INTPR 960) — 3 credits |
Credit Only: N Anon Gr: N
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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.
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| Prerequisites: None |
| Corporate Tax (TAX 991) — 3 credits |
Credit Only: N Anon Gr: Y
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This course focuses primarily on income tax problems unique to corporations and the income tax problems arising from the shareholder-corporate relationship.
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| Prerequisites: TAX 949 Basic Federal Income Taxation |
| Corporations (CCLAW 963) — 3 credits |
Credit Only: N Anon Gr: Y
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This course primarily addresses organization and operation of commercial organizations in the Anglo-American community. Preliminarily, sole proprietorships and partnerships are considered, after which corporations-for-profit are emphasized with some attention to business trusts and non-profit corporations. In the corporate context, duties of promoters, directors, officers, and other insiders are considered. Availability in the U.S. of the derivative action is treated in terms of both unincorporated and corporate forms of organization. Also treated are the basics of securities regulation at the federal and state levels in the U.S. and the provincial level in Canada.
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Prerequisites: None
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| * Counterterrorism Law (SEM 997B) — 3 credits |
Credit Only: N Anon Gr: N |
| Students will work on research questions in counterterrorism law posed by the Office of the Prosecutor for the Department of Defense Office of Military Commissions, or in limited cases topics developed in consultation with the instructor. Students will study and research various aspects of counterterrorism law in the U.S., foreign countries, and at the international level. A large portion of the course instruction and research deals with principles and jurisprudence from international criminal tribunals as well as comparative approaches to counterterrorism. The research will also focus on preventive detention, the use of military tribunals, the emerging law on enemy combatants and the laws applicable to the detention of enemy combatants. The students will prepare an objective thoroughly researched legal memorandum that will be submitted to the Office of the Prosecutor for the Department of Defense Office of Military Commissions. |
| Prerequisites: None |
| Criminal Law (CORE 910) — 3 credits |
Credit Only: N Anon Gr: Y
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This course deals with what is called substantive criminal law, i.e., crimes. Numerous crimes such as homicide, theft, and conspiracy are examined, and defenses such as self-defense and insanity are scrutinized. A primary focus of the course is the utilization and interpretation of criminal statutes.
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Prerequisites: None
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| Criminal Procedure (CRIML 972) — 3 credits |
Credit Only: N Anon Gr: Y
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The Criminal Procedure course explores the interface between the criminal justice system and the United States Constitution. The course examines constitutional limits on police investigation and interrogation as well as the circumstances under which indigent defendants are guaranteed the assistance of counsel. In addition to introducing students to constitutional analysis, the course previews the ethical dimensions of defending persons accused of crime. The class also views a trial during the criminal term at the Court of Common Pleas.
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| Prerequisites: None |
Cross-Border Legal Practice Seminar
(SEM 910) — 2 credits |
Credit Only: N Anon Gr: N
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This seminar will focus on two different themes. It will explore what it means to be a lawyer in the United States in comparison with what it means to be a lawyer in other countries. Among other things, participants will discuss the lawyer's role in society and the type of conduct that is regulated. This course will also examine the cross-border practice regulation that has emerged in response to the increasingly common circumstance of lawyers who handle a matter in a country other than their own.
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| Prerequisites: For J.D. students: CORE 934 Professional Responsibility (may also be taken concurrently) |
| Economic Analysis of Law (PERSP 982) — 3 credits |
Credit Only: N Anon Gr: Y
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| This course will introduce students to the economic analysis of law and legal issues. No prior training in economics is assumed, though students with such training are welcome to enroll. Students will be instructed in the nature of economic reasoning and will learn to use fundamental principles of economics to explain legal doctrines and solve legal problems. The course will focus primarily on a positive analysis, investigating whether legal doctrines can best be explained as attempts to promote efficiency, and only secondarily on the normative question of whether the law ought to promote efficiency. After a brief survey of microeconomics, the course will address the major common law areas of property, contracts, torts, and criminal law as well as the legal process. Students will learn how fundamental economic concepts, such as transactions costs, externalities, and risk allocation, can help explain the logic of these large bodies of law, difference among them, and long-standing principles of each. Depending on the pace of coverage, the course may cover topics in other areas, such as corporations and family law. |
| Prerequisites: None |
| Education Law Seminar (SEM 911) — 2 credits |
Credit Only: N Anon Gr: N
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This course covers the basic premises of compulsory education; issues concerning exclusion of students; school control of student behavior and curriculum; teacher employment problems; and issues of funding, minority rights, and school liability.
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| Prerequisites: None |
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Elder Law (FMEST 963) — 2 or 3 credits
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Credit Only: N Anon Gr: N
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This course introduces substantive legal theories in modern elder law, including introduction to government programs, such as Medicare, Medicaid, and Social Security for old age retirement assistance; Advanced Planning documentation; Elder Abuse and Protective Services legislation; Nursing Home Rights legislation; and consumer fraud. Grading is based on evaluation of three components: in-class exercises, participation in community education activities, and a final examination on substantive legal theories.
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| Prerequisites: None |
| * Election Law (GOVMT 997A) — 2 credits |
Credit Only: N Anon Gr: N |
| Election law includes election administration reforms enacted after the 2000 Presidential election and the financing of federal and state elections. |
| Prerequisites: None |
| Electronic Evidence (SKILS 989) — 3 credits |
Credit Only: N Anon Gr: N
|
| The course will cover the case law, procedural rules, evidence rules, and rules of professional conduct implicated by the unique attributes of information created and/or stored electronically, as well as the filing and courtroom presentation of documents in electronic format. There are three components to the course. The first part concerns the discovery of ESI, and covers the nature, sources, and terminology of ESI; the different formats of ESI and the implications for preservation and production of ESI attributable to the different formats; the evolution of the rules and case law regarding discovery of ESI; and the obligations of counsel with respect to the preservation of ESI. |
| Prerequisites: None |
| Employee Benefits Law (TAX 960) — 3 credits |
Credit Only: N Anon G: Y
|
|
This course introduces students to the law governing employer-provided benefit programs. It will begin with a look at the early development of welfare and pension plans offered through the workplace. The course will examine closely the landmark Employee Retirement Income Security Act of 1974 (“ERISA) and its subsequent amendments. Among topics to be covered will be defined benefit and defined contribution pension programs. This will include a survey of rules relating to pension taxation, vesting, funding, alienability, guaranty, and fiduciary duties. With respect to health insurance, the course will look at issues affecting both employee and retiree health programs, including collectively bargained ones. The course will also discuss the subjects of age discrimination in employee benefit programs as well as ERISA preemption.
|
| Prerequisites: None |
| Employment Discrimination (LABOR 964) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
This course will provide an overview of significant doctrinal issues in employment discrimination law, and will seek to develop students' skills through a rigorous examination of statutory law, regulations and court decisions. It will introduce students to the fundamental legal theories underlying the substantive coverage of the most significant federal equal employment opportunity laws, and legal issues regarding their application.
|
| Prerequisites: None |
| Employment Law Survey Part I — Basic Common Law and Workplace Health and Safety (LABOR 962) — 3 credits |
Credit Only: N Anon G: Y
|
| This course will cover: common law employment doctrines, including at-will employment, contract and tort erosions of at-will employment, employee duties, including the duty of loyalty and trade secrets, noncompetition agreements, and rights to employee inventions and workplace injuries, including workers compensation, OSHA, and criminal and tort approaches to promoting a safe workplace. |
| Prerequisites: None |
Employment Law Survey Part II - Privacy, Wage, ERISA,
Anti-Discrimination Law (LABOR 963) —3 credits |
Credit Only: N Anon Gr: Y
|
| This course will cover workplace privacy issues, including free speech and political protections, and defamation and related torts; anti-discrimination laws; and wage, hour, and benefits legislation, including unemployment compensation; the WARN Act, the Family and Medical Leave Act; and NLRA issues commonly encountered in the unorganized workplace. |
| Prerequisites: None |
| Environmental Law (RP&EL 960) —3 credits |
Credit Only: N Anon Gr: Y
|
|
This course introduces some of the most important concepts, issues, and statutes in environmental law. After discussing the economic and ethical bases for environmental law and briefly reviewing the relevant principles of constitutional and common law, students examine a representative selection of federal statutes, including the National Environmental Policy Act, the Endangered Species Act, "Superfund," and the Clean Air Act.
|
| Prerequisites: None |
| Environmental Litigation (RP&EL 962) — 2 credits |
Credit Only: N Anon Gr: N
|
|
This course explores the various forms of litigation that arise in the practice of environmental law. Citizen suit actions, toxic torts, government enforcement actions (both criminal and civil), and other forms of litigation will be examined. Emphasis is on the practical aspects of litigation, with active class participation assumed in a problem-oriented format. The use of scientific evidence and expert testimony will be explored.
|
| Prerequisites: RP &EL 960 Environmental Law |
* Environmental Negotiations in International Affairs
(INTER 997A) — 3 credits |
Credit Only: N Anon Gr: N |
| This course addresses the scientific theory and practical considerations necessary to manage water resources and their environment in an international and sustainable development context. Scientific and technical hydrologic issues needed for sustainable development form the course foundation. Water resources in a changing environmental and geopolitical context are examined. Specific topics include problem analysis, scoping, design, environmental impacts, financial management, data analysis, and issues of implementation, capacity building, and multicultural and cross cultural participation. The course includes a combination of lectures, seminar sessions, and problem solving projects and simulations. |
| Prerequisites: None |
Estate Planning and Wealth Transfer Transactions I
(FMEST 964) — 2 credits |
Credit Only: N Anon Gr: Y
|
|
This course is open only to third-year law students. This course will acquaint students with federal estate and gift tax laws that must be considered in estate planning, and it will provide a general overview of state systems of wealth transfer taxation. Matters covered include the gross estate, deductions and credits, generation skipping transfer taxes, transactions subject to gift tax, and exclusions and credits available to shelter lifetime wealth transfers. Also covered will be non-tax issues to be considered in estate planning, probate issues and probate avoidance, forms of property ownership, and issues about the attorney-client relationship. Although not required, students are encouraged to take TAX 950 Advanced Federal Income Taxation (which is a prerequisite for Estate Planning and Wealth Transfer Transactions II) or another advanced tax elective in their second year before enrolling.
|
| Prerequisites: FMEST 960 Trusts and Estates |
Estate Planning and Wealth Transfer Transactions II
(FMEST 965) —2 credits |
Credit Only: N Anon Gr: Y
|
|
This course is open only to third-year students. This course will examine particular estate planning techniques, such as appropriate uses of the applicable credit amount and the marital and charitable deductions. Also to be explored are various types of inter vivos trusts and other lifetime wealth transfer devices, valuation issues, estate planning issues confronting owners of closely held businesses, and issues unique to qualified retirement plans. Students are encouraged to take Advanced Federal Income Taxation prior to enrolling, but may take the two courses simultaneously.
|
| Prerequisites: FMEST 964 Estate Planning and Wealth Transfer Transactions I and TAX 950 Advanced Federal Income Taxation |
EU and International Trade Law
(SEM 905) — 3 credits |
Credit Only: N Anon Gr: N
|
|
This seminar seeks to examine selected aspects of the Commercial Law of the European Union. It provides an introduction to the distinct methodology of EU law and the European Court of Justice, examines the principles of the internal market, and focuses on aspects which are particularly important for US lawyers from a practical or a theoretical perspective. It covers, among others, the following topics: Introduction to the fundamentals of the EU Legal Order; the internal market; free movement of goods, customs duties, discriminatory and protective taxation; quantitative restrictions on trade; freedom of establishment and services; free movement of companies; financial services; aspects of competition law; anti-competitive agreements and monopolies; enforcement of competition law; selected comparisons with WTO and NAFTA.
|
| Prerequisites: None |
| European Union Law Seminar (SEM 913) — 3 credits |
Credit Only: N Anon Gr: N
|
|
This course examines basic principles of the Union legal system, such as free movement of goods, persons, services, and capital, the right of establishment, common commercial policy, and foreign policy. It also examines the organization and functions of the Union 's institutions and contrasts the United States federal experience. The relationship between Union law and the legal systems of member states will be addressed along with the jurisdiction of the Court of Justice. The relevance of the Union experience to the evolution of other common markets in North and South America and Asia will also be addressed.
|
| Prerequisites: None |
| Evidence (SKILS 955) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
This course presents evidence in trials under the Federal Rules of Evidence, at common law and in equity and with reference to administrative bodies. The reasoning from which rules arise in areas including relevancy, competency, privilege, examination of witnesses, writing, the hearsay rule and its exceptions, burden of proof, presumptions, judicial notice, and constitutional evidence problems is also addressed.
|
| Prerequisites: None |
| Family Law (FMEST 962) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
This course studies legal problems pertaining to the organization, operation, and dissolution of the family. It is divided into three parts: marriage and annulment; support, termination of parental rights, adoption, and care of the child; and divorce, alimony, property distribution at divorce, and custody of children.
|
| Prerequisites: None |
| Federal Contract Law (GOVMT 965) — 2 credits |
Credit Only: N Anon Gr: Y
|
|
This course deals with the basic principles of contracting with the federal government and emphasizes the differences between commercial and federal government contracts. It examines the relationship between the Uniform Commercial Code and government contracting methods of procurement, types of contracts, specialized clauses, award, protest, and other dispute remedies and procedures.
|
| Prerequisites: None |
| * Federal Court Practice (SKILS 997D) — 3 credits |
Credit Only: N Anon Gr: N |
| This course introduces contemporary issues in several topical areas of particular interest to litigating in federal courts. The course topics are varied, with the unifying theme being that each topic possesses either particular prominence or exclusive jurisdiction within the country’s federal court system. These topics include: the history and organization of the federal courts, the courts’ relationship with Congress, the arguments for and against diversity jurisdiction, the practical dynamics of federal procedure, strategic considerations involved in a litigant’s choice of federal court, ADR proceedings in federal courts, securities, bankruptcy, intellectual property, antitrust, employment discrimination, review of administrative agency decisions, immigration issues, federal criminal matters, sentencing, civil rights cases, and habeas. |
| Prerequisites: None |
| Federal Courts (SKILS 965) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
This course involves elements of constitutional law and civil procedure, addressing the relationship of federal courts to administrative agencies and state courts. Building on the foundational knowledge of federal subject matter jurisdiction addressed in Civil Procedure, this course examines in greater detail advanced problems in standing, mootness, and ripeness. Building on the foundational knowledge of separation of powers and federalism addressed in Constitutional Law, this course examines the power of Congress to allocate judicial power among federal courts, federal agencies, and States. The heart of the course, however, consists of advanced topics including the power of federal courts to create common law, limitations (and complications) in suits against the federal and state governments and their officials, problems arising when administrative agencies or state courts are addressing matters related to the subject of a pending case in federal court, and limitations on federal appellate jurisdiction. This course should prove especially useful to students who anticipate clerking for a federal or state judge, or who plan to litigate before federal or state courts or administrative agencies.
|
| Prerequisites: None |
Federal Regulatory and Legislative Practice Seminar
(SEM 914) — 2 credits |
Credit Only: N Anon Gr: N
|
|
The seminar will utilize a separation of powers analysis to examine federal regulatory and legislative practice. Topics covered will include congressional investigations, federal regulatory agency jurisdiction and procedure, and areas of federal criminal law that are most relevant to legal practice in Washington, DC. The seminar's primary focus will be those areas of Washington legal practice in which administrative and regulatory law, federal criminal law, politics, and public relations intersect to create special problems and challenges for attorneys in government and private practice. A "case study" approach will be used to analyze these topics from both perspectives, examining the legal obligations and professional responsibilities of both government lawyers and private counsel. Highlights of the course include analysis of the Watergate, ABSCAM, Iran-Contra, Whitewater, and Clinton-Lewinsky scandals.
Student must register for the Washington D.C. Field Placement Clinic (FPWDC 997A) the same semester as Federal Regulatory and Legislative Practice Seminar (SEM 914).
|
| Prerequisites: None |
| Federal Securities Regulation (CCLAW 986) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
This course is intended to provide an introductory overview of the federal securities laws. The primary focus of the course will be the Securities Act of 1933 and the Securities Exchange Act of 1934. We will examine the principal provisions of those acts and the implementing regulations of the United States Securities and Exchange Commission. We will also review judicial decisions that interpret and apply the federal securities laws and examine how the SEC administers and enforces those laws. Finally, we will study the new corporate and accounting reform legislation, the Sarbanes-Oxley Act of 2002. The first part of the course will focus on the registration requirement that applies to public offerings of securities, the registration and "due diligence" process, and the various exemptions from the registration requirement that may be available to an issuer. The second part of the course will focus on the antifraud provisions of the federal securities laws, the reporting and disclosure requirements applicable to publicly traded companies, lawsuits by private plaintiffs, and the Securities and Exchange Commission's investigative and enforcement powers.
|
| Prerequisites: CCLAW 963 Corporations |
| Field Placement Clinics (FPC 900) — 3 credits |
Credit Only: Y Anon Gr: N
|
|
Field Placement Clinics offer students the opportunity to work and learn in a variety of settings outside the law school under the supervision of a full-time faculty member. Placements are in public service or non-profit offices, including local, state and federal government and judicial offices. Students work with experienced supervisors in those offices to develop skills in legislative drafting, opinion writing, client counseling, research, administrative and criminal practice, statutory analysis and interpretation, and application and enforcement of regulations. Through their work and class discussions, students are expected to develop a heightened awareness of the methods and functions of the legislative, regulatory, judicial, and public interest representation functions.
Available clinical placements include state cabinet level agencies, state and federal judicial chambers, legal services offices, legislative offices, local governments, Penn State offices, and state prosecutor and public defender offices. More detailed information on our field placement clinic program can be found on our Clinics and Externships page.
Students may not register for this course until they have secured an approved placement and obtained the permission of the faculty supervisor.
|
| Prerequisites: Law School Faculty Supervisor approval is required before registering. In addition, individual offices may establish requirements, such as completion of relevant courses, completion of a minimum number of semesters, or status as a certified legal intern |
Field Placement Clinic — International Criminal Tribunal — 13 credits
FPICT 995A, 7 credits
FPICT 995B, 3 credits
FPICT 995C, 3 credits |
Credit Only: N Anon Gr: N
|
|
Office of the Prosecutor of the International Criminal Tribunal for the former Yugoslavia. The program provides an intense immersion experience for students interested in international criminal law. Students have the opportunity to work on cases in the trial or appellate chambers. They will research and write internal memos, draft motions and briefs, prepare witnesses and participate in meetings related to significant international criminal cases such as the case against those accused of perpetrating the Srebrenica massacres.
This field placement has a lecture component (FPICT 995B), and an independent research component (FPICT 995C).
Students enrolling in the International Criminal Tribunal field placement program must register for FPICT 995A, FPICT 995B and FPICT 995C. FPICT 995A and B are credit only, FPICT 995C receives a letter grade.
|
| Prerequisites: INTER 969 International Organizations, SEM 921 International Environmental Law Seminar, INTER 971 International Law, SEM 922 International Protection of Human Rights Seminar, SEM 941 The United Nations and International Law Seminar, or SEM 923 International Refugee Law Seminar |
Field Placement Clinic — Washington D.C.
(FPWDC 997A) 9 to 10 Credits |
Credit Only: Y Anon Gr: N
|
| The Washington Semester Clinic will provide students with the opportunity to spend a semester in Washington, D.C. earning 9-10 hours of academic credit for approximately 32 hours of supervised internship work. Students will work in one of several selected and approved governmental or nonprofit entities.
The clinic will enable students to pursue advanced training and research opportunities in a particular field beyond our curricular offerings. The areas of law will include federal criminal law, international law, federal civil regulatory agency practice and procedure, and public and private non-profit law. Students will have the opportunity to analyze sophisticated areas of law in a real world context. Each student participating in the Washington Semester is required to enroll in a concurrent two-credit seminar. In the classroom component students will analyze the legal obligations and professional responsibilities of both government lawyers and private counsel.
Student must register for Federal Regulatory and Legislative Practice Seminar (SEM 914) the same semester as the Washington D.C. Field Placement Clinic.
|
| Prerequisites: None |
| First Amendment — Free Speech (CL&CR 965) — 2 credits |
Credit Only: N Anon Gr: Y
|
|
This course examines the values and functions of free speech, the regulation of political speech, expression in public places, symbolic expression, commercial speech, obscenity, and the special problems of reputation and privacy.
|
| Prerequisites: None |
Foreign Investment in Russia and the CIS
(INTER 954) — 2 credits |
Credit Only: N Anon Gr: Y
|
|
The course aims to offer thorough instruction on the role of the State in foreign economic relations, the purpose of foreign investment laws, the nature of foreign investment guarantees, the transaction aspects of foreign coporate vehicles, and the role of arbitration in settling foreign investment disputes.
|
| Prerequisites: None |
| Gender and the Law Seminar (SEM 917) —2 credits |
Credit Only: N Anon Gr: N
|
|
The role of gender in the development of modern law is considered in a variety of contexts. Among the topics are discrimination in pay and conditions of employment, psychological and sociological criminal defenses, pornography, spouse abuse, reproductive rights, and issues of child custody, support, and property division. (Offered in alternate years.)
|
| Prerequisites: None |
Gender, Culture and International Human Rights Seminar
(SEM 918) — 2 credits |
Credit Only: N Anon Gr: N
|
|
This course will explore many of the issues in international human rights law that are raised by gender and cultural difference. By looking at law and theory from a range of perspectives, the course will analyze the roles of gender and culture in the construction of various concepts and claims in the international law on human rights. The underlying assumptions, principles and approaches of the major UN human rights instruments will be examined, as will arguments regarding the application of those instruments in national legal systems. The course will also address the ways in which the intersection of identities (racial, religious and sexual, for example) affect both the enjoyment of rights and the shaping of human rights advocacy.
|
| Prerequisites: None |
| * Health Care Business Transactions (HLTHL 997A) — 2 credits |
Credit Only: N Anon Gr: Y |
| This course will expose students to a variety of commercial transactions prevalent in the health care industry. After a brief review of the current state of the pending (or possibly recently enacted) health care legislation, the course will focus on health care as a regulated commercial enterprise. After studying the case law, statutes and regulations applicable to health care providers, students will begin an in depth study of negotiated health care transactions. This study will begin with an examination of the fundamental elements of the acquisition process and an analysis of the tax, antitrust, regulatory and successor liability considerations generally addressed in health care combinations. Students will then be exposed to the various stages of the negotiated acquisition process: due diligence; preliminary negotiations and agreements; transaction structure; final negotiations; definitive agreements; and post closing relationships. By the end of the course, the students will have examined the types of transaction documents used in a health care acquisition and will be familiar with the acquisition process from its inception to conclusion. |
| Prerequisites: None |
| Health Care Industry Regulation (HLTHL 975) — 2 credits |
Credit Only: N Anon Gr: Y
|
|
This course focuses on federal and state regulation of the major players in the health care industry-hospitals, nursing homes, physicians, health insurers, and managed care organizations. It covers liability of hospitals and managed care organizations for negligence, the duty to treat as applied to hospitals and managed care networks, the regulation of private health insurers, Medicare and Medicaid, false claims statutes, federal fraud and abuse regulation, and more. The course will expose students to issues and regulations that government and corporate health care lawyers regularly address.
|
| Prerequisites: None |
| Higher Education Law (PERSP 949) — 3 credits |
Credit Only: N Anon Gr: N
|
| This course examines the legal issues applicable to American colleges and universities. Topics include academic freedom and tenure, affirmative action in admissions decisions, intercollegiate athletics, issues of student privacy, sexual harassment, and intellectual property. |
| Prerequisites: None |
| History of International Law Seminar (SEM 903) — 2 credits |
Credit Only: N Anon Gr: N
|
| The general historical introduction and seminar presentations and projects are designed to accentuate problems and issues which enable students to better understand the foundations of the law of nations and encourage independent research skills. |
| Prerequisites: None |
| Immigration Law (INTER 965) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
This course is intended to provide students with a general knowledge of immigration law, including such critical subjects as the constitutional powers of the federal government over immigration matters, admission and exclusion, entry, deportation, and political asylum.
|
| Prerequisites: None |
| Independent Study (PERSP 996) — 1 to 3 credits |
Credit Only: N Anon Gr: N
|
|
In the Independent Study course the student, under the supervision of a full-time member of the faculty, will be permitted to do research and write a paper of a substantial nature on a significant subject.
|
| Prerequisites: None |
| In-House Clinics — 1 to 8 credits
|
|
In-House Clinics are:
| Art, Sports and Entertainment Law Clinic (IHASE 995A) |
Credit Only: N Anon Gr: N
|
| 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. |
| Prerequisites: SEM 927 Law of Artistic Persons and Properties Seminar, Faculty approval required. |
| Center for Immigrants' Rights: Course Component (IHIMM 995A) |
Credit Only: N Anon Gr: N
|
|
The course component of the Center teaches students the skills necessary to be an effective immigration advocate and attorney. 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.
At the Center, students will acquire essential practical and substantive knowledge of immigration lawyering and advocacy through project specific work as well as a weekly two-hour class, readings, reflection papers, and “case rounds” of student projects. |
| Prerequisites: INTER 965 Immigration Law or INTER 961 Asylum & Refugee Law, Faculty Approval Required |
| Children's Advocacy Clinic (IHCAD 995A) |
Credit Only: N Anon Gr: N
|
| 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. |
| Prerequisite: CRIML 974 Juvenile Law, Faculty approval required. |
| Civil Rights Appellate Clinic (IHAPP 995) |
Credit Only: N Anon Gr: N
|
|
This new 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.
|
| Prerequisites: LABOR 964 Employment Discrimination or Related Civil Rights Courses and a Demonstrated Interest in Appellate Work. F aculty approval required. |
| Disability Law Clinic (IHDIS 995A) |
Credit Only: N Anon Gr: N
|
| In the Disability Law Clinic, up to four students per semester represent indigent persons with disabilities who have legal concerns related to those disabilities. The bulk of the work consists of administrative hearings before the Social Security Administration and judicial review in federal court. Matters handled include Social Security and Supplemental Security Income, special education, disability discrimination, and Medicare and Medicaid claims. Students are obligated to work sixteen hours per week in the Clinic, and there are weekly meetings with the supervisor, either individually or as a group. This course is graded. Students earn 4 credits. Visit the Disability Law Clinic for more information. |
| Pre- or concurrent requisites: SEM 926 Law and Individuals with Disabilities Seminar, Faculty approval required. |
| Elder Law and Consumer Protection Clinic (IHELD 995A) |
Credit Only: N Anon Gr: N
|
| This course is supervised by Law School faculty and experienced practitioners, using a clinical model of learning, with students serving as "certified legal interns" providing legal advice and courtroom representation for clients aged 60 and over. Regular travel to downtown Harrisburg and throughout central Pennsylvania is required. The students are required to work at least 16 hours per week for 4 graded credits per semester. Visit the Elder Law and Consumer Protection Clinic for more information. |
| Prerequisites: Faculty approval required. |
| Family Law Clinic (IHFAM 995A) |
Credit Only: N Anon Gr: N
|
| In this clinic, up to twelve students per semester represent indigent clients, primarily before the Court of Common Pleas of Cumberland County, in domestic relations matters. Cases include divorce, child support, spousal support, custody and visitation, dependency (neglect), domestic violence, and related matters. Students are required to work 16 hours a week at the Clinic, and there are weekly clinic meetings, either as a group or individually with supervisors. Only third-year law students are admitted in the Fall Semester. Students earn 4 graded credits. Visit the Family Law Clinic for more information. |
| Pre- or concurrent requisites: FMEST 962 Family Law, Faculty approval required. |
| Intensive Family Law Clinic (IHFAM 994) |
Credit Only: N Anon Gr: N
|
| The Carlisle based Intensive Family Law Clinic Semester will provide a concentrated learning opportunity for up to two second semester second year or third year University Park based students interested in family law. Students participating in the clinic semester will be scheduled for 24 hours a week in the clinic and will be expected to attend the weekly clinic class. Visit the Family Law Clinic for more information. |
| Pre- or concurrent requisite: FMEST 962 Family Law, Faculty approval required. |
| Inmate Assistance Clinics (IHINM 995B) |
Credit Only: N Anon Gr: N
|
| The course will provide instruction to students in state and federal post-conviction remedies including claims of ineffective assistance of counsel, eligibility for parole and commutation, First, Fourth and Eighth Amendment issues that arise in prisons including conditions of confinement, institutional discipline, religious freedom, denial of medical care, allegations of improper use of force and failure to protect. The course will also examine major pieces of legislation concerning prisoners including the Prison Reform Litigation Act, the Religious Land Use and Institutionalized Persons Act, remedies under §1983 of the Civil rights act and case law concerning qualified immunity. The clinic will seek to provide answers to inmate questions and, in some cases, provide representation to indigent inmates in post conviction and civil rights matters. Students earn 2 credits. |
| Prerequisites: Faculty approval required. |
| * Rural Economic Development Clinic (IHAGR 997A) |
Credit Only: N Anon Gr: N |
The Rural Economic Development Clinic will provide students with practical experience representing individuals and entities within the broad fields of agricultural, food, and energy law. Students will work with agricultural producers, businesses, or landowners on specific projects that may involve transactional work such as preparing/reviewing contracts or other legal documents and providing general legal counsel. Students also may have the opportunity to work for clients on policy-based projects within the areas of agricultural, food, and energy law. |
| Prerequisites: CCLAW 956 Agricultural Law (may also be taken concurrently) |
|
| Insurance Law (CCLAW 969) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
A study of special legal principles applicable to insurance contracts with an examination of the insurance industry and insurance marketing, the identity of persons and interests protected, the nature and selection of risks, the rights and duties of the contracting parties, and the enforcement of claims is undertaken.
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|
Prerequisites: None
|
| International Air and Space Law (INTER 950) — 2 credits |
Credit Only: N Anon Gr: Y
|
|
This course will examine with an international perspective the legal status of national air space and outer space and the legal problems surrounding man's activities in these environments. The law governing international and domestic air transport will be surveyed, and the course will conclude with a look at law on the "high frontier."
|
| Prerequisites: None |
| International Commercial Arbitration (INTER 984) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
By some measures up to 90% of all international and transnational contracts include agreements to resolve disputes between the parties through arbitration. For all its success, the international arbitration system is not a simple organism. It is the product of a complex interaction of national laws, contractual agreements, specialized procedural rules, and international treaties, customs and norms. The system is designed to balance party autonomy with the sovereign and transnational regulatory interests that are implicated in disputes. This course explores the amalgam of sources that undergird the international arbitration system, as well as the strategic considerations, practical skills and policy implications that are involved. International Commercial Arbitration is one of the core courses for the Certificate in Dispute Resolution and Advocacy. Preference is given to students seeking the Certificate in Dispute Resolution and Advocacy. See Certificate requirements for procedures to be used to qualify for such preference.
|
| Prerequisites: None |
| International Criminal Law (CRIML 970) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
This course will concern the scope of international criminal law, the definition of international crimes, principles of jurisdiction, procedures for international criminal prosecutions, and examples of international criminal law.
|
| Prerequisites: None |
| International Law (INTER 971) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
This course introduces students to key concepts and doctrines of international law. It examines the sources of international law such as custom and treaty, the bases of international jurisdiction, issues of statehood, recognition and succession, nationality, international agreements, and U.S. participation in the international legal system. The course provides students with the basics needed for both public and private international law practice.
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|
Prerequisites: None
|
| International Litigation and Arbitration (INTER 966) — 3 credits |
Credit Only: N Anon Gr: Y
|
| This course is intended to acquaint students with the legal implications of globalization. It addresses the resolution of disputes created by international contracts and global business transactions. The potential tort liability that can flow from international commercial conduct also is assessed. Various basic topics are treated, including (1) the certification and training of international lawyers; (2) the liability exposure of multinational enterprises; (3) the State as an actor in global commerce; (4) problems of comparative jurisdiction, service of process and evidence-gathering, proof of foreign law, and the enforcement of foreign judgments; (5) the extraterritorial application of national law; and (6) attempts to establish a transborder law and legal process. |
| Prerequisites: None |
| International Organizations (INTER 969) — 2 credits |
Credit Only: N Anon Gr: N
|
|
International organizations play an influential role in the world today. Just a few of the fields they address are peacemaking and peacekeeping, labor relations, food production and distribution, education, health, economic development, monetary affairs, international trade, civil aviation, telecommunications, protection of intellectual property and nuclear energy. This course will examine lawmaking and regulation by international organizations, the regulatory impact of governance by these organizations, issues of legal personality, membership, participation, rights of members and termination of membership, as well as enforcement and dispute settlement. Focus will be on the United Nations and its specialized agencies, including the World Health Organization, the Food and Agriculture Organization, UNESCO and the International Labour Organization.
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Prerequisites: None
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International Protection of Human Rights Seminar
(SEM 922) — 3 credits
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Credit Only: N Anon Gr: N
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This seminar provides an introduction to international human rights law and procedures. It examines what are "human rights" and explores the law of treaty interpretation, how human rights law is incorporated into domestic legal systems, and the role of international governmental organizations, international and regional courts, and non-governmental organizations in protecting human rights. Students also learn how to research international law, and how to write legal analysis based on international law.
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| Prerequisites: None |
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International Refugee Law Seminar
(SEM 923) — 2 credits
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Credit Only: N Anon Gr: N
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This course is intended to provide an introduction to the basic framework of international refugee law. It begins by laying out the historical, political and philosophical background to the development of the concept of "refugee" in the twentieth century. It examines this legal framework within the context of the broader human rights system. The cardinal provisions of the principal international instruments establishing this framework — in particular the 1951 UN Convention Relating to the Status of Refugees and the 1967 Protocol thereto — are examined against the domestic legal regime establishing the substantive, procedural and evidentiary requirements for making a claim for asylum under U.S. law.
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| Prerequisites: None |
| International Tax (TAX 993) — 2 credits |
Credit Only: N Anon Gr: Y
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This course addresses the provisions of the Internal Revenue Code that govern the U.S. operations of foreign persons (i.e., inbound transactions) and the foreign operations of U.S. persons (i.e., outbound transactions). The course will be divided into four parts: Part I provides a general introduction and introduces the impact of tax treaties; Part II focuses on the taxation of inbound transactions; Part III focuses on outbound transactions; and Part IV focuses on cross-border mergers, acquisitions and joint ventures. The course considers both the rules set out in the Internal Revenue Code governing these transactions and the modification of these rules under the U.S. Model Income Tax Treaty. To provide a comparative approach to the issues, the chapters briefly address the manner in which South Africa, which recently modernized its international tax system, taxes the particular transaction under consideration. Book: Thompson, U.S. International Tax Planning and Policy.
Note: Students may take EITHER International Tax (TAX 993) OR Taxation of Multinational Transactions (TAX 992) while attending Dickinson School of Law. |
| Prerequisites: TAX 949 Basic Federal Income Taxation |
| International Trade Law (CCLAW 973) — 3 credits |
Credit Only: N Anon Gr: Y
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This course examines the legal framework for international trade and its potential for growth and conflict with other areas of international law. It focuses on the North American Free Trade Agreement and the World Trade Organization family of agreements, including the General Agreement of Tariffs and Trade. The course explores the fundamental principles embodied in international trade law, the expansion of trade agreements into new areas such as investment and intellectual property rights, and the potential conflicts between such agreements and efforts to protect labor rights and the environment. The course will analyze decisions by international trade tribunals as well as the texts of the treaties themselves. The grade will be based primarily on a final examination.
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| Prerequisites: None |
International Uniform Enforcement of Human Rights
(SEM 968) — 3 credits |
Credit Only: N Anon Gr: N
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| A study of the structure, value, and progress of the international Human Rights Law Project. |
| Prerequisites: None |
| Internet Law (INTPR 951) — 3 credits |
Credit Only: N Anon Gr: Y
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This course presents the range of legal issues arising from the emergence of cyberspace. The course considers how the law has reacted to challenges posed by the Internet as well as how the law is shaping its future. Specific areas covered include jurisdictional analysis, First Amendment/free speech, digital copyrights, trademarks and domain names, electronic privacy, e-commerce, and Internet governance.
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| Prerequisites: None |
Introduction to Transnational Law and Legal Issues
(INTER 951) — 3 credits |
Credit Only: N Anon Gr: Y
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| This course will introduce the student to the nature of transnational law and to issues that lawyers will confront when legal issues transcend national borders. The course commences with an examination of the legal complexities of interactions (including economic transactions, civil litigation, and movement of people) in which national law, international law and private law may all simultaneously play a part. It examines the way in which private law, national law and international play a role in a number of different sorts of transactions, from simple commercial contracts, to the role of states in regulating activity beyond their borders and international organizations in regulating private behavior on a global basis. |
| Prerequisites: None |
| Introduction to the United States Legal System (for LL.M. candidates) (CORE 913) — 3 credits |
Credit Only: Y Anon Gr: N
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To develop a good foundation for the LL.M. students' other course work, this course introduces the United States court system, the role of the Constitution in the United States legal system, and other foundation materials in United States law. Legal research methods are reviewed, and writing assignments introduce the students to legal writing formats used in the United States. Enrollment in this course is limited to LL.M. candidates.
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| Prerequisites: None |
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| Juvenile Law (CRIML 974) — 2 credits |
Credit Only: N Anon Gr: Y
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This course examines the legal position of the child in society and the extent to which the child may be legally controlled by parent(s) or state. Subject matters include the right of the child to control reproductive decision-making, child support and paternity issues, child pornography and minors' access to pornography, child abuse and neglect, foster care, termination of parental rights, adoption, medical treatment of juveniles, and medical experimentation on juveniles. The course also examines the delinquency jurisdiction of juvenile court, the constitutional protections afforded the child accused of criminal activity, adjudications of delinquency, punishment or placement of the child in the dispositional phase of juvenile proceedings, and treatment of the child as an adult offender.
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| Prerequisites: None |
| Labor Law (LABOR 970) — 3 credits |
Credit Only: N Anon Gr: Y
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This course is an extended study of the federal National Labor Relations Act focusing on the right to form and join labor organizations, strikes, boycotts and picketing, collective bargaining, and the enforcement of collective bargaining agreements.
|
| Prerequisites: None |
| Labor Law Seminar (SEM 967) — 2 credits |
Credit Only: N Anon Gr: N
|
| This is an advanced seminar that assumes students will already have studied the National Labor Relations Act. Course materials and class discussions will build on that basic understanding. It provides an opportunity for students to deepen their knowledge of labor law while also developing research, writing, analytical, and trial strategy skills. Grades in the course will be based on a 20-page paper, class presentation, and participation. |
| Prerequisites: LABOR 970 Labor Law, or equivalent with permission of the instructor. |
| Land Use Controls (RP&EL 973) — 3 credits |
Credit Only: N Anon Gr: Y
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The public regulation of private property raises some of the more interesting and difficult questions in property law. On one side of the debate is the government, which seeks to regulate land use in ways that it believes promote the public interest. On the other side are private property owners who often object to restrictions placed on their ability to use their property as they deem best. In studying this tension between public goals and private rights, the course will explore the constitutional limitations placed on governments in the area of land use regulations as well as topics such as variances, special use permits, vested rights, subdivision controls, exactions and impact fees, exclusionary zoning, the rebuilding of urban cores, and the managing of growth in suburban areas.
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| Prerequisites: None |
Law and Individuals with Disabilities Seminar
(SEM 926) — 2 credits |
Credit Only: N Anon Gr: N
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Major issues and concepts in law and social policy regarding individuals with handicaps are introduced. Topics include: income maintenance programs, special education, federal and state anti-discrimination laws, accessibility, special health issues, institutionalization and de-institutionalization. This is a required course for participation in the Disability Law Clinic.
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| Prerequisites: None |
| Law and Medicine (HLTHL 971) — 3 credits |
Credit Only: N Anon Gr: Y
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This course focuses on law concerning the physician-patient relationship as well as bioethical issues that arise in that relationship. It covers confidentiality, medical malpractice, informed consent, the duty to treat, refusing life-sustaining medical treatment, physician-assisted suicide, experimental medical treatment, and more. It will expose students to issues that arise in representing physicians and patients on matters relating to patient care.
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| Prerequisites: None |
| Law and Semiotics (SEM 928) — 3 credits |
Credit Only: N Anon Gr: N
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| Legal semiotics is the study of law focusing signs and symbols as well as the construction of meaning in law in legal discourse. Law's communicative structures are essential in this context. Moreover, recent large-scale economic, political and social developments in the Western hemisphere have increased the need to expand our knowledge about law, and semiotic studies sustain that need. |
| Prerequisites: None |
Law and Sexuality Seminar
(SEM 936) — 2 credits |
Credit Only: N Anon Gr: N
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This seminar will explore the different ways in which the law regulates and accounts for sexuality in general and sexual orientation in particular. Topics to be covered will include rights to privacy and their impact on the ability of the state to regulate sexual conduct; rights to equal protection by lesbians and gay men; the military's "don't ask, don't tell" policy; rights to free speech and associations of lesbians and gay men (and of those who do not want to associate with them): same-sex marriage and adoption by lesbians and gay men; employment discrimination; and legal issues involving transgendered individuals.
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| Prerequisites: None |
Law Firm Leadership and Management Skills
(SKILS 970) — 2 credits |
Credit Only: N Anon Gr: N
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Note: Credit will be awarded only for a grade of C or higher, and the grade in no event will be calculated in the GPA. Students spend three years in law school mastering the procedure and substance of the law, but do not focus on the people whom the law affects and influences. The single most frequent reason for client dissatisfaction is not their lawyer's inability to deal with the technical aspects of the law, but rather with their lawyer's inability to deal with people. This course is designed to teach law students how to effectively deal with clients, associates, partner, opposing counsel, judges and staff by teaching them why these people act as they do. The goal of the course is for students to learn how to manage their practice more efficiently and enthusiastically by creating productive change in their own behavior as well as those around them.
The course will bring applied behavior analysis to bear on the legal setting. Applied behavior analysis is the systematic study of behavior in all environments, individually and collectively. The class will teach behavior management principles as they are applied to all aspects of the practice of law. The class will meet for two hours, once per week. The first hour will be devoted to teaching principles of behavior analysis and the second hour will incorporate a modified case study approach to bring these principles to bear on specific law-related problems such as client communication and management, improving relations with the court, and increasing staff productivity.
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| Prerequisites: None |
Law of Artistic Persons and Properties Seminar
(SEM 927) — 2 credits |
Credit Only: N Anon Gr: N
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The objectives of this course include an examination of the interface between law and the arts with an eye to both theoretical and practical implications and a striving to identify creative and serviceable solutions to the problems that have frustrated the growth and harvest of the creative effort. The investigation will be directed toward subject areas that reflect functional divisions within the arts; i.e., the visual arts, dance, music, the literary arts, and areas such as television and film. The course includes a mandatory overnight field trip to New York City at the students' expense. It is a prerequisite for the Art, Sports, and Entertainment Law Clinic.
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| Prerequisites: None |
| Law of the Sea (INTER 952) — 2 credits |
Credit Only: N Anon Gr: Y
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The course aims to offer thorough instruction on the foundations and sources of the law of the sea, the principle types of maritime jurisdiction, the principles of resource management, and approaches to the settlement of maritime disputes.
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| Prerequisites: None |
| Law, Science, and Policy Seminar (SEM 930) — 2 credits |
Credit Only: N Anon Gr: N
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This course will identify diverse areas in which advances in technology have posed challenges to society and law and will study select topics within those areas in order to ground the participants in the relevant legal, scientific and ethical principles, and jurisprudential and social theories. Subjects addressed may include issues in biotechnology such as cloning, transgenics, xenotransplantation and pharmaceutical development; the ownership of biotechnological products; experimentation with humans and animals; human and animal rights concerns; environmental bioremediation; and non-lethal defense technologies.
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| Prerequisites: None |
Lawyering and Ethics for the Business Attorney Seminar
(SEM 931) — 2 credits |
Credit Only: N Anon Gr: N
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This seminar provides students with an opportunity to analyze and discuss ethical and legal issues relating to representation of business entities. Issues covered include (1) who is the client for the lawyer who represents a business entity; (2) what special rules govern confidentiality and information sharing in the representation of a business entity; (3) how should a lawyer respond to evidence of client fraud or other illegal activities; (4) what are the potential liabilities for furnishing legal advice or providing legal opinions for business transactions that are later found to have been fraudulent or illegal; (5) when is a business entity required or permitted to reimburse employees for legal expenses relating to their employment activities; and (6) what special obligations and responsibilities are imposed on "in-house" attorneys who are full-time employees of a business entity.
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| Prerequisites: CORE 934 Professional Responsibility and CCLAW 963 Corporations |
| * Leadership in Four Directions (SKILS 997D) — 3 credits |
Credit Only: N Anon Gr: Y |
| Leadership is described as “the ability to decide what has to be done, and then get people to want to do it”. It is an essential ingredient to the success of any person who is leading or working in a non-profit organization, corporation, the government, or even a law firm! This course is designed to examine leadership from four perspectives. How to lead the boss and allowing yourself to be led! How to lead peers -- which many argue is the most difficult of all leadership challenges. How to lead employees and colleagues to not only move the organization to the next level but inspire them! Finally, (and perhaps most importantly) this seminar will examine how to lead yourself. What are issues facing leaders in terms of their own self-evaluation and development? The course will provide students a cognitive map of contemporary leadership studies, current theories on organizational culture/change, as well as methods for individual analysis and development. |
| Prerequisites: None |
| Legal Analysis, Research & Writing I (CORE 912) - 3 credits |
Credit Only: N Anon Gr: N
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The Legal Analysis, Research & Writing (“LARW”) course is designed to teach each student to think, write, and speak like a lawyer. Students must learn to solve clients’ problems by using effective research techniques, accurate and in-depth legal analysis, and clear and concise written and oral communication. These skills will improve only with practice. Therefore, the LARW course uses a problem-solving approach through which students will represent a fictional client and provide those clients with legal advice. Through this approach, students will learn essential skills of successful lawyers, including researching legal authorities, applying the law to a client’s situation, and communicating that analysis in writing and verbally. In LARW I, the focus is on objective analysis and writing. Students learn to draft the primary tool for communicating objective analysis, which is the office memorandum. Students receive individual feedback from their professor throughout the course.
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| Prerequisites: None |
| Legal Analysis, Research & Writing II (CORE 914) — 3 credits |
Credit Only: N Anon Gr: N
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LARW II continues to build on the skills learned in LARW I. Students continue to analyze clients’ problems using various sources of legal authority, to use additional research sources, and to further refine their writing style. However, LARW II focuses on persuasive writing, so students will learn to draft documents that are submitted to a court called “briefs” or “memoranda of law.” Students also will learn to present an oral argument to a court. LARW II continues to implement the problem-solving approach to teach persuasive writing, and students continue to receive individualized feedback throughout the course.
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| Prerequisites: CORE 912 Legal Analysis, Research and Writing I |
| Legal Problems of Indigents (SKILS 988) — 2 credits |
Credit Only: N Anon Gr: Y
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This course is a survey of laws affecting the lives of the poor with emphasis on professionalism. The course seeks students with diverse backgrounds to interact in discussions on the theory of poverty law. Areas of focus include the welfare laws, workers' compensation, Social Security disability benefits, consumer law, child support, custody, and domestic abuse, and methods of representing large groups of the poor, such as class actions, implied rights of action, and injunctions.
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| Prerequisites: None |
| Legislation (GOVMT 970) — 3 credits |
Credit Only: N Anon Gr: Y
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This course deals with the enactment and construction of statutes with specific attention to the organization, procedures and powers of federal and state legislative bodies, to statutory drafting and construction, and to lobbying.
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| Prerequisites: None |
| Licensing of Intellectual Property (INTPR 982) — 3 credits |
Credit Only: N Anon Gr: Y
|
| The retention of the intellectual property or the absolute transfer of such interests to other for purposes of economic exploitation is, however, declining in use and popularity. Rather, it has evolved that maximization of the holder's value in the intellectual property may, in some circumstances, be better achieved by sharing some of the rights, while retaining others. This is the topic of the course in the licensing of intellectual property. The offering explores the myriad business, legal, and negotiating issues involved in the drafting and use of intellectual property licensing agreements. |
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Prerequisites: Students must have taken at least one of the following courses: INTPR 960 Copyrights, INTPR 985 Trademarks, and/or INTPR 980 Patent Law; or receive specific permission of the faculty member after demonstrating special qualifications for the subject matter.
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| Maritime Law (INTER 976) — 3 credits |
Credit Only: N Anon Gr: Y
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Initial consideration of peculiarly American Admiralty jurisdiction and practice, after which a survey of substantive rules of the general maritime law respected by shipping and trading nations is essayed. Carriage of goods by water (including bills of lading, charter parties, and general average), collisions, salvage, and seafarers' personal injuries are treated as discrete subjects with warranties of seaworthiness, applicability of multilateral treaties, harmonizing effects of worldwide London insurance markets, and modern English precedent being recurring themes. (Offered in alternate years.)
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| Prerequisites: None |
| Merger Finance and Economics (CCLAW 993) — 2 credits |
Credit Only: N Anon Gr: Y
|
| The purposes of the course are to provide the student with (1) a fundamental understanding of the finance and economics of the M&A marketplace, and (2) the basic skills needed to succeed in various professional capacities in the M&A marketplace, such as investment banker, management consultant, strategic planner, and lawyer. |
| Prerequisites: None |
| Mergers, Acquisitions, and Divestitures (CCLAW 977) - 2 credits |
Credit Only: N Anon Gr: Y
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Antitrust, tax, contract, ERISA, environmental, corporate, and securities laws' considerations in the context of a merger and acquisition are reviewed. Spin-offs and divestitures will also be examined. Emphasis will be placed on the Business Judgment Rule and securities law compliance in connection with a negotiated transaction, an unfriendly tender offer, sale of the enterprise, and a spin-off or divestiture. State anti-takeover laws and provisions in corporate documents will also be discussed.
|
| Prerequisites: CCLAW 963 Corporations |
| Native American Law (PERSP 978) — 3 credits |
Credit Only: N Anon Gr: N
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This course has several segments covering such matters as federal and state power over Native American affairs; personal rights and liberties under tribal law; and the history of treaties with and legislation concerning Native Americans. (Offered in alternate years.)
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| Prerequisites: None |
| Natural Resources Law (RP&EL 988) — 3 credits |
Credit Only: N Anon Gr: N
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This course provides a basic overview of federal and state regulations and of the common law affecting title to and exploitation of such resources as water, coal, oil, gas, and public lands. Common mineral leasing provisions are given particular emphasis.
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| Prerequisites: None |
| Negotiation/Mediation (SKILS 960) — 3 credits |
Credit Only: N Anon Gr: N
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This course combines the law and ethics of negotiation, mediation and settlement with economic and psychological bargaining theory and regular hands-on practice in representing clients in negotiation and mediation. Bargaining theory (including distributive and integrative bargaining), relevant socio-psychological research, negotiation and mediation ethics, the law of settlement, and the basics of contract drafting are all introduced. Instruction consists of assigned reading, a series of simulations and exercises (including drafting a resulting contract), written negotiation planning and self-evaluation, feedback, and group discussion. The course also may involve participation in a full-day Saturday program, and students should be prepared to experiment with various means to maximize their facility in using videoconferencing and other technologies to negotiate and represent clients in mediation. Prerequisite for Conflict Resolution Theory Seminar. The Negotiation/Mediation course is one of the core courses for the Certificate in Dispute Resolution and Advocacy. Enrollment is limited to 32 students; preference is given to students seeking the Certificate in Dispute Resolution and Advocacy. See Certificate requirements.
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| Prerequisites: None |
| Ocean and Coastal Law (RP&EL 979) — 3 credits |
Credit Only: N Anon Gr: Y
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This course first concentrates on the legal regime for the coastal zone, including estuaries, bays, barrier islands, beach erosion and access, islands, and wetlands. The course then moves progressively seaward through the territorial sea into the ocean, concentrating on such issues as ownership of submerged lands; Freedom of High Seas; narcotics control, immigration, and sanitation in the contiguous zones; fishery management; and resource exploitation.
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| Prerequisites: None |
| Partnership Taxation (TAX 980) — 2 credits |
Credit Only: N Anon Gr: Y
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This course examines the income tax consequences of the formation, operation, and liquidation of a partnership, the classification of an entity as a partnership, distributions by a partnership, and sales of partnership interests.
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| Prerequisites: TAX 949 Basic Federal Income Taxation |
| Patent Law (INTPR 980) — 3 credits |
Credit Only: N Anon Gr: Y
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This course is an examination of the legal requirements for obtaining patent protection for an invention. The statutory foundations of United States patent law are examined through an analysis of patent prosecution practice and patent litigation. The course also considers United States patent practice in the context of international intellectual property law.
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| Prerequisites: None |
| Payment Systems (CCLAW 978) — 2 credits |
Credit Only: N Anon Gr: Y
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In the modern economy commercial parties use a variety of payment mechanisms. This course provides an overview of different payment systems (including checks, credit and debit cards, wire transfers, and letters of credit), the credit system, and the devices that enhance creditworthiness (including notes, guaranties, and standby letters of credit). Classroom discussion is devoted almost exclusively to developing analyses of written problems contained in the course text. Because this course requires familiarity with the Uniform Commercial Code, students should take another Uniform Commercial Code course prior to or concurrently with this course.
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| Prerequisites: CCLAW 984 Sales (may also be taken concurrently) |
| Pennsylvania Criminal Law Practice (CRIML 981) — 2 credits |
Credit Only: N Anon Gr: Y
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This course is a step-by-step analysis of the procedure, planning, tactics, and strategy in defending and prosecuting a criminal case in Pennsylvania from pre-arrest through appeal. Special emphasis is placed on all aspects of the procedure and law relating to the suppression of evidence.
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| Prerequisites: None |
| Pennsylvania Practice (SKILS 982) — 2 credits |
Credit Only: N Anon Gr: Y
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Pennsylvania civil practice is studied by covering the state court system and procedures in civil actions from commencement of the case through trial.
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| Prerequisites: None |
| Post-Conviction Process (CRIML 984) — 2 credits |
Credit Only: N Anon Gr: Y
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This is a study of guilty pleas and sentencing alternatives, post-conviction remedies, parole, probation, commutation, and pardon. The course will also examine the law of corrections and prisoners' rights.
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| Prerequisites: None |
| Pretrial Advocacy (SKILS 954) — 3 credits |
Credit Only: N Anon Gr: N
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Students work with case files through written exercises and classroom simulations to gain a thorough understanding of the procedural rules and advocacy tools used in the pretrial stages of litigation. The course grade is based upon class participation and the written exercises.
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| Prerequisites: SKILS 950 Advocacy I |
| Probate Practice (FMEST 970) — 2 credits |
Credit Only: N Anon Gr: Y
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This course deals primarily with the handling of estates following death. Emphasis is thus placed on accounts and distribution, the responsibilities of estate administrators and personal representatives, inheritance tax problems, and will contests. Other topics include avoidance of probate and the drafting of wills.
|
| Prerequisites: FMEST 960 Trusts and Estates |
| Products Liability (CCLAW 982) — 2 credits |
Credit Only: N Anon Gr: Y
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This course incorporates and expands the concepts derived from the basic Torts, Contracts, and Uniform Commercial Code coverage of products liability. Emphasis will be on the substantive and procedural law of contract, negligence, and strict liability developed by courts and administrative tribunals. Proposals for legislative reforms will also be studied.
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| Prerequisites: None |
| Professional Responsibility (CORE 934) — 2 credits |
Credit Only: N Anon Gr: Y
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Through the use of hypothetical situations, this course attempts to generate student sensitivity to ethical problems faced by lawyers in various kinds of practice. The ABA Model Rules of Professional Conduct and the older Code of Professional Responsibility are the basic tools, but discussion centers as well on case law, ABA opinions and standards, statutes, and the dictates of conscience. Discipline and professional malpractice are also treated.
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Prerequisites: None
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| Property (CORE 920) - 4 credits |
Credit Only: N Anon Gr: Y
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This course introduces the basic concepts and principles in the law of property. Topics include: acquisition and allocation of property rights; restrictions on owners' rights to use, limit access to, and sell or dispose of their property; and the relationships among multiple owners of rights in the same property. The emphasis is on real property, although the course also addresses intellectual property and other types of personal property.
|
| Prerequisites: None |
Protection of Individual Rights Under State Constitutions Seminar
(SEM 933) — 2 credits |
Credit Only: N Anon Gr: N
|
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With the perception that the federal judiciary is increasingly hostile to constitutional claims, individuals have turned to state constitutions as an independent source of rights in civil and criminal litigation. This course will explore the unique procedures and methods of state constitutional rights interpretation. In lieu of an examination, persons enrolled in the course will brief questions of state constitutional law in an arena where the United States Constitution fails to afford protection. (Offered in alternate years.)
|
| Prerequisites: None |
* Real Estate Negotiations and Drafting (RP&EL 997A)
— 3 credits |
Credit Only: N Anon Gr: Y |
| This is an advanced course in real estate transactions stressing development of negotiating and drafting skills. The course includes projects concerning the drafting and negotiation of sales, financing and leasing agreements, and other documents commonly used in real estate transactions. The class is divided into small groups to simulate negotiating and drafting situations. |
| Prerequisites: None |
| Real Estate Transactions (RP&EL 983) - 4 credits |
Credit Only: N Anon Gr: Y
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This course examines various stages of the modern real estate transaction and of the relationships that shape it through the eyes of its various participants-buyer, seller, lender, developer, broker, attorney. Topics explored include contracts, deeds, financing, recording, and title assurance.
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| Prerequisites: None |
| Remedies (SKILS 986) — 3 credits |
Credit Only: N Anon Gr: Y
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Remedial devices focusing on the theory and application of legal and equitable relief are analyzed comparatively. The course covers the procedural and substantive law elements of damages, specific performance, injunctions, declaratory judgments, reformation, rescission, and restitution.
|
| Prerequisites: None |
Reproductive Technology and the Law Seminar
(SEM 966) — 2 credits |
Credit Only: N Anon Gr: N
|
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The increasingly widespread use of artificial insemination, in-vitro fertilization, and contracts for gestational services in this country and around the world has given rise to a multiplicity of thorny legal issues. While family law struggles to establish the parentage of children born from these techniques and to determine the appropriate role of contracts in this endeavor, succession law puzzles over the inheritance rights of children conceived posthumously with gametes stores by long-deceased donors or harvested from the bodies of persons whose pre-death procreative intentions are unknown. The law of torts addresses whether and how questionable practices in the fertility industry, fueled by the deeply felt desire of infertile couples to bear children, can best be curbed. Constitutional law offers a lens through which to ask whether resorting to assisted reproduction is subsumed within the ambit of procreative freedom. Finally, property law wrestles to resolve the disputes of those who claim the right to implant or destroy embryos stored in cryopreservation facilities and in the process is said to veer perilously close to commodifying humanity itself. This Seminar delves into the range of these issues and others in an effort to understand the deep impact assisted reproduction has on the lives of so many and to articulate policy necessary to resolve future legal disputes in this evolving area.
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| Prerequisites: None |
| The Right To (PERSP 994) - 1 credit |
Credit Only: N Anon Gr: N
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This minicourse will consider the notion of right in the context of personal choice. It will examine costs to individuation, both necessary and excessive, that are exacted in the process of establishing and perpetuating the uniformity and stability of legal and political regimes. Topics that will be considered include relative definitions of normalcy and privacy, physical characteristics and their exploitation, religious activities, prostitution, obscenity/pornography and personal expression, racial identity and discrimination, gambling, controlled substances, the use of force, and terrorism.
|
| Prerequisites: None |
| Russian Law (INTER 959) — 2 credits |
Credit Only: N Anon Gr: Y
|
| This 2-credit course is concerned with the development of the law, legal system, and legal institutions of what is popularly known as Russia but also correctly and officially known as the Russian Federation within the boundaries presently occupied and, historically, within the boundaries of the Russian Empire. By “law” we mean formal legislation, customary rules, relevant international legal rules, legal doctrine, and anything else regarded by the Russian State or by Russian jurists as comprising part of the “law.” For our purposes “legal institutions” encompasses all law enforcement agencies or any other agencies of the State or empowered by the state which are concerned with the law in any manner whatsoever, including educational institutions. This course will have a final exam. |
| Prerequisites: None |
| Sales (CCLAW 984) — 3 credits |
Credit Only: N Anon Gr: Y
|
|
Article Two of the Uniform Commercial Code is an integrated body of statutory law that prescribes the rights and obligations of parties involved in transactions in goods. Although we will review general principles of contract law and contrast them with the approach adopted in Article Two, this course emphasizes the special techniques of statutory construction utilized in interpreting a code as opposed to an isolated statute. Classroom discussion is devoted almost exclusively to developing analyses of written problems distributed to the students in advance of the class. The problems require students to fashion arguments based on the statutory language. The problems also require students to develop an understanding of the legal and commercial context based on the assigned readings, and then to interpret the statutory language in light of this context. The course topics are: code methodology (including the history and jurisprudence of Article Two), contract formation and interpretation, performance obligations, breach and remedies.
|
| Prerequisites: None |
* Scientific Evidence: Forensic Genetics (CRIML 997A)
— 2 credits |
Credit Only: N Anon Gr: Y |
| This course examines how DNA evidence became admissible evidence and the issues that continue to be litigated-issues that range from quantifying the probative value of a DNA match, to the admissibility of "cold hits" in DNA databases, to discovery in post-conviction proceedings, to the constitutionality of acquiring DNA samples from suspects, arrestees, convicts, and medical care providers. |
| Prerequisites: SKILS 955 Evidence and CRIML 972 Criminal Procedure |
| Secured Transactions (CCLAW 952) — 3 credits |
Credit Only: N Anon Gr: Y
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This course deals with the creation, enforcement, and priorities of personal property security interests under Article 9 of the Uniform Commercial Code and related statutes. It addresses:(a) encumbrances on consumer, commercial, and industrial goods, (b) inventory and receivables financing for manufacturers, distributors, and dealers, and (c) personal property agricultural financing. Relevant provisions of other Articles of the UCC and other state and federal statutes are integrated into the course as required.
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Prerequisites: None
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| Sports Law (PERSP 999) — 3 credits |
Credit Only: N Anon Gr: Y
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This course explores how various areas of the law impact the sports industry.
The "law" that is used by most sports lawyers is principally the application of settled principles of other legal fields to the sports industry: contract law, labor law, tax law, products liability law, intellectual property law, etc.
The Sports Law course, then focuses on important areas that provide the foundational principles that drive the outcome of most legal disputes arising in the sports industry. The course also examines on certain areas of the law such as antitrust, labor, and constitutional law, that have specific and unique applications to sports.
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| Prerequisites: None |
| Sports and Public Policy (PERSP 997) – 3 credits |
Credit Only: N Anon Gr: N
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| This course will survey a wide range of controversies about the proper approach that law and regulatory policy should take to individuals and institutions in the sports industry. Sports are generally unregulated by government and enjoy relative freedom from competitive pressures because fans view so many sports as unique. Issues with regard to professional sports include antitrust, labor, and tax laws that relate to sports, and how legal doctrines relate to the promotion of competitive balance, collective bargaining with players, stadium financing, and television rights. Issues with regard to intercollegiate sports include the structure of the NCAA, gender equity, amateurism, and commercialization. |
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Prerequisites: PERSP 999 Sports Law, or have faculty approval
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| State and Local Taxation (TAX 988) — 2 credits |
Credit Only: N Anon Gr: N
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Beginning with historical and constitutional aspects, students will analyze in detail recent developments in state and local taxation and their impact on client representation. Attention will be concentrated on corporate, sales and use and other business taxes, death duties, and property taxes and exemptions.
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| Prerequisites: None |
| Statutory Interpretation (GOVMT 971) — 3 credits |
Credit Only: N Anon Gr: Y
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| The course covers the wide variety of tools that lawyers and judges use to interpret statutes. A basic introduction to the legislative process and how important aspects of that process are relevant to statutory interpretation is also included. Students will be introduced to important techniques of statutory interpretation and the theoretical support for varying approaches to how judges do and should interpret statutes. |
| Prerequisites: None |
| The Supreme Court Seminar (SEM 938) — 2 credits |
Credit Only: N Anon Gr: N
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The Supreme Court, including procedure and practice, principles of adjudication, and history, as well as the topics of the current term are studied. Students are required to present analyses of current cases as well as an analytical paper on approved topics of constitutional law.
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| Prerequisites: None |
| Tax Aspects of Mergers and Acquisitions (TAX 994) - 2 credits |
Credit Only: N Anon Gr: Y
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This course approaches corporate tax issues through the prism of the Federal income tax treatment of taxable and tax free mergers and acquisitions (M&A). Although the course will discuss virtually every section of subchapter C of the Internal Revenue Code (i.e., § 301 et seq.), which governs the tax treatment of corporations, the emphasis is placed on those provisions of subchapter C that have the most impact in M&A transactions.
The course focuses principally on domestic M&A; however, because of the growing importance of cross-border M&A, the Federal income tax consequences of these transactions are also briefly examined. In this connection, when examining the particular transactions, such as taxable asset acquisitions in Chapter 4, the book also examines the Federal income tax consequences under the assumption that a foreign acquirer is acquiring a U.S. target in an inbound acquisition and alternatively that a U.S. acquirer is acquiring a foreign target in an outbound acquisition.
The course will be divided into four parts. Part I contains an introduction to business tax principles, to basic corporate tax principles, and to the Federal income tax treatment of taxable and tax-free M&A. Part II focuses on taxable stock and asset acquisitions; Part III focuses on tax-free reorganizations; and Part IV focuses on special topic. |
| Prerequisites: TAX 949 Basic Federal Income Taxation |
| Tax Policy Seminar (SEM 939) — 2 credits |
Credit Only: N Anon Gr: N
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This course examines the fundamental issues in tax policy, focusing on trends and on current legislative proposals. Specific subjects include the underpinnings of the various tax systems, the tax legislative process, the use of tax structure and incentives to implement social and economic objectives, the legal methodology of controlling tax abuse, and similar subjects. (Offered in alternate years.)
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| Prerequisites: None |
Taxation of Multinational Transactions
(TAX 992) - 2 credit |
Credit Only: N Anon Gr: Y
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This course treats the unique problems concerning U.S. taxation of the foreign income and operations of U.S. persons and enterprises and the incidence of U.S. taxation on foreign persons and enterprises, including the following basic topics: the tax treatment of international business and investments, sales and financing, the sourcing of income, inclusions and exclusions, the foreign tax credit, controlled foreign corporations, and tax avoidance. This course stresses the role of international tax treaties and examines, on a comparative basis, the tax rules of other countries in order to better understand our own system and to gain an understanding of the overall impact of taxation in the international setting. (Offered in alternate years.)
Note: Students may take EITHER International Tax (TAX 993) OR Taxation of Multinational Transactions (TAX 992) while attending Dickinson School of Law.
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| Prerequisites: TAX 949 Basic Federal Income Taxation |
Telecommunications Law and Regulation
(CCLAW 994) — 3 credits |
Credit Only: N Anon Gr: N
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| This course will examine and debate a series of legal and regulatory issues raised by spectrum management, broadcasting, cable television, common carrier, Internet, resource allocation, and technology planning topics. |
| Prerequisites: None |
| Torts (CORE 925) - 4 credits |
Credit Only: N Anon Gr: Y
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Tort law seeks to remedy civil wrongs that result in harm to person or property. The class will focus on basic concepts such as the intentional torts, negligence, strict liability, and products liability.
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| Prerequisites: None |
| Trademarks (INTPR 985) — 2 credits |
Credit Only: N Anon Gr: N
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The law of trademarks is central to the concept of fair dealing in the commercial environment. The history of common law and statutory trademarks is explored as well as registration, conveyancing and foreign rights. The course deals with the duty of the merchant to compete honestly and remedies for failure to do so.
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| Prerequisites: None |
| Trusts and Estates (FMEST 960) — 3 credits |
Credit Only: N Anon Gr: Y
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This course examines the disposition of property at death by intestate succession and by will. The execution, revocation, construction, and contest of wills, as well as limits on the power to dispose of property by will, are studied. This course also examines the creation, purposes and termination of trusts, including informal trusts, and the interrelationship between trusts and wills.
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| Prerequisites: None |
The United Nations and International Law Seminar
(SEM 941) — 2 credits |
Credit Only: N Anon Gr: N
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The inexorable paces of globalization and interdependence have made the need for international cooperation more acute. The role of the United Nations in these processes has become both more relevant and controversial. Notwithstanding the critical voices that have questioned the relevance or usefulness of the world body from certain national perspectives and points of view, the United Nations, through its activities and programmes, continues to have a considerable impact on countries and societies around the world, in such areas as conflict prevention and resolution, control of population displacements, humanitarian action, and social and economic development. These considerations, among others, make a study of the United Nations and International law more important today than it has ever been.
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| Prerequisites: None |
| The U.S. Law of Arbitration (SKILS 962) — 3 credits |
Credit Only: N Anon Gr: Y
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| This course provides an introduction to the domestic law and practice of arbitration. It assesses the statutory and decisional law basis for arbitration, especially the provisions of the Federal Arbitration Act. It investigates the central doctrinal issues in the field: the enforceability of unilaterally-imposed arbitration agreements, the arbitrability of statutory rights — in particular, civil rights matters, and the use of contract to establish the law of arbitration between the arbitrating parties. Emphasis is placed upon practical problems that have emerged in the practice of arbitration law: the selection of arbitrators, the use of discovery and evidence-gathering in arbitral proceedings, and the content of arbitration agreements. The course also addresses the new uses of arbitration in consumer, health, and employment fields. The U.S. Law of Arbitration is one of the core courses for the Certificate in Dispute Resolution and Advocacy. Preference is given to students seeking the Certificate in Dispute Resolution and Advocacy. See Certificate requirements for procedures to be used to qualify for such preference. |
| Prerequisites: None |
| White Collar Crime (CRIML 998) — 3 credits |
Credit Only: N Anon Gr: Y
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This course will cover the substantive law and procedures of major white collar crimes, including conspiracy, fraud, the Racketeer Influenced and Corrupt Organizations (RICO) law, money laundering, public corruption, and economic crimes. It will also examine their civil counterparts and civil and administrative consequences and analyze the theory and policies of these hybrid criminal statutes. Finally, the class will learn and practice skills associated with white collar crime cases, for example, investigative techniques, negotiation, and development of effective theories of the case.
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| Prerequisites: None |
| Writing and Editing for Lawyers (SKILS 983) — 2 credits |
Credit Only: Y Anon Gr: N
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The goal of this course is to improve the legal reading, writing, and editing skills of students. The course will reinforce rules of grammar, punctuation, sentence structure, usage, voice, tone, style, and organization. The emphasis will be on the application of these rules in the context of legal writing. Students will learn how to craft sentences that are accurate, brief, clear, precise, and sometimes persuasive.
Students will be required to submit a writing sample to the instructor at the time of registration.
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| Prerequisites: Faculty approval required. |
Writing Workshop (SKILS 987) — 2 credits
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Credit Only: Y Anon Gr: N
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The goal of this course is to improve the legal writing and editing skills of students. By engaging in the process of directed writing and editing, students will learn to write clearly, succinctly, precisely, and sometimes persuasively. Emphasis will be given to organization and integration of procedural and substantive aspects of cases.
Students will be required to submit a writing sample and statement of interest to the instructor before enrollment in the course is approved.
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| Prerequisites: Faculty approval required. |
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* Special topic course currently being taught
The School reserves the right in its sole judgment to make changes of any nature in its program, calendar, or academic schedule whenever it is deemed necessary or desirable, including changes in course content, the rescheduling of classes with or without extending the usual academic term, cancellation of scheduled classes and other academic activities, and requiring or affording alternatives for scheduled classes or other academic activities, in any such case giving such notice thereof as is reasonably practicable under the circumstances.
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