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2012 - 2013 Graduate Catalog [ARCHIVED CATALOG]

School of Law Courses

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Law

  • LAW M01 - Human Rights Law Europe

    A survey of European human rights and freedoms, both under the European Convention of Human Rights and the legal system of the European Union. Special attention shall be devoted to differences in the legal framework and techniques used under the two European systems, as well as its main enforcers: the European Court of Human Rights, in Strasbourg, and the Court of Justice of the European Union in Luxembourg.

  • LAW M04 - Legal System Eu

    After a brief introduction on the motives and history of European integration, the course provides an accurate portrait of the general framework and functioning of the legal system of the European Union, with special emphasis on the decision-making process, the distribution of power between member states and the EU,and the principles that govern the relationship between the legal systems of the EU and its member states. Additional study will follow in the legal setting of the European Common Market. Attention will be paid to the economic liberties guaranteed by the Treaty of Rome, as well as the other rights and duties shaping the legal environment of any corporation conducting business in Europe. (Students may enroll in M04 or M05, but not both.

  • LAW M05 - Euro Union Law/Pol

    An introduction to the European Union (EU) legal system and the political work of its institutions, with an appendix on NAFTA. The course studies EU decision-making, focusing on the Commission, the Council and European Parliament. Attention will be given to the Community’s system of legal remedies and the European Court of Justice, its constitutional principles, and the expansion of Community powers. Finally, the course covers rules on free movement of goods inside the European market. (Students may enroll in M04 or M05 but not both).

  • LAW M12 - Intl Environmental Law

    The course considers topics such as liability in transboundary pollution; institutional framework of international environmental regimes; the cooperative system of management of global environmental problems (climate change, biodiversity loss…) and of the global commons (atmosphere, oceans, Antarctica….); debt for nature swaps; environmental restraints on international aid and technology transfer; international trade and the environment (WTO and the environment; unilateral environmental measures and trade sanctions; shipping of hazardous waste; CITES….); international environmental torts and human rights; and environmental issues in transnational contracts, mergers and acquisitions.

  • LAW M13 - Securities Reg in Europe

    Securities Regulation in Europe The course will examine the European Financial Services Action Plan and how, for financial markets ans services, it has developed the general freedoms (freedom of establishment, freedom to provide services) established under European Law. The course will also review the common requirements imposed to harmonize business conduct rules on the stock markets (Directive on Market Abuse). Lastly, following the general trend towards corporate governance reform, the course will consider European developments in the area and the European response to the Sarbanes-Oxley requirements.

  • LAW M16 - Comparative Corporations

    An exploration of the legal structure of corporate institutions both in the United States and Europe, emphasizing the control of managers in publicly held corporations; the mechanisms to establish US/European corporations; and the distribution of authority among shareholders, directors and officers. The course then moves to the differing views of the corporation’s proper role in society and the present debate, on both sides of the Atlantic, about the ideal corporate governance structure.

  • LAW M17 - Comparative Family Law

    This course will serve as both a survey course on family law in the U.S. and an exercise in comparative legal studies. The materials will relate to core topics in family law - marriage, paternity, divorce, property distribution, and child custody and visitation - but will include, in addition to U.S. law materials, primary and secondary sources of law from other countries relating to those topics.

  • LAW M18 - European Internet Law

    An overview of this increasingly globalized area of the law through an examination of how the European Union (EU) and European countries, together with their respective courts, have addressed it. After the study of the Internet itself and of Internet law and governance, the course will cover two main areas: first, the basis of the regulation of the physical network for information and communication technologies in Europe according to the telecom policies; second, the regulation of Net contents by focusing on the following aspects: civil rights in cyberspace (including its projection on labor relations), substantive and jurisdictional problems arising from cybercrime, the law of intellectual property in the Internet and electronic commerce. Finally, we will address future trends in the Internet world (such as big data, the Internet of Things and cloud computing) as well as their respective legal implications.

  • LAW M22 - Civil Law & Comp Const Law

    Introduction to Civil Law and Comparative Constitutional Law Structured in two parts, the course begins by introducing the particular approach to the law and the distinct way of legal thinking that characterize the Civil Law legal tradition and mark the contrast with the Common Law legal culture. It explores how and why these two legal paths developed and examines the contemporary trend towards convergence. The second part focuses on major aspects of Comparative Constitutional Law. Against the background of successive waves of democratization after the Second World War and the collapse of the Soviet Union, consideration will be given to the issues of constitution-making, designing democracy, constitution-interpreting and constitutional courts. The phenomenon of judicial globalization will also be given special attention.

  • LAW M27 - Sp Top in Env Law: Climate Chg

    This course will examine the phenomenon of global climate change and its implications for law and policy across all institutional levels. Climate change will be examined both as a physical and social phenomenon with implications for scientific, legal, economic, and political systems. In addition to exploring the global response, the course will study the U.S. approach, including federal, state, local and private initiatives. Topics of study may include, among others, renewable energy, sustainable land development, property rights and climate change, food sustainability, carbon sequestration, and regulation of greenhouse gas emissions.

  • LAW M28 - Intl Intellectual Property

    Much commerce crosses international borders; a good portion of that commerce comprises copyrightable material like books, movies, and music, or patentable materials like machinery and pharmaceutical drugs; even more of it is sold under one or more trademarks. International commerce gives rise to international questions and disputes: may a U.S. patent holder enforce a patent in Spain? May a U.S. website operator publish photographs of French fashion designs when those designs are copyrighted in France but not in the U.S.? This course examines questions like these, with attention to fundamental underlying questions such as how intellectual property rights are obtained, how they are enforced, how they are lost, what country’s law applies to international disputes, and what country’s courts have jurisdiction over such disputes. Prior courses in intellectual property law will be helpful, but are not a prerequisite.

  • LAW M29 - International Criminal Law

    This course examines the emergence of international criminal law during the last century and asseses the desirability and efficacy of international criminal prosecutions as a response to large-scale violence. The course traces the development of international criminal law, focusing primary attention on events taking place since the Nuremburg and Tokyo Tribunals, and concentrating in particular on the work of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, and East Timor, as well as the International Criminal Court. The course traces the substantive development of international criminal law through an examination of the core international crimes, namely: genocide, crimes against humanity, war crimes, and aggression. The course will likewise trace the development of international criminal procedure, a unique body of law that blends features of adversarial and non-adversarial criminal justice systems. Finally, the course will examine the political context in which the prosecution of international crimes take place. It will consider the effect of such prosecutions on peace negotiations and the desirability of international prosecutions in comparison with other responses to mass atrocities, including domestic and transnational criminal prosecutions, truth commissions, lustration efforts, and reparations schemes.

  • LAW 101 - Criminal Law

    An intensive study of the basic doctrines underlying the criminal law, including actus reus and mens rea; the principal substantive and inchoate crimes; the accountability for the criminal acts of others; and the general defenses to criminal liability.

  • LAW 102 - Civil Procedure

    This course focuses on the strategic options federal law provides to persons atrtempting to resolve disputes through litigation. It introduces students to basic concepts involved in the federal civil adversary system, federal jurisdiction, choice of law, and finalty. Students will explore in depth the policies governing and the mechanics involved in pleading, discovery, and disposition before trial.

  • LAW 107 - Torts

    A survey of the legal system’s responses to problems arising from personal injury and property damage. Concentration on the legal doctrines relating to liability for harm resulting from fault and to strict liability. Analysis of the goals and techniques of accident prevention and compensation for loss.

  • LAW 108 - Property

    Property Property focuses on the rules for acquiring, using, dividing (in various dimensions), and losing rights over scarce resources. Most material concerns realty, with limited consideration of person property. Property will introduce the rudiments of capture, finds, and adverse posession; landlord-tenant law; the system of estates; co-ownership; easements; and restrictive covenants. In addition to these private law subjects, the course will introduce zoning and takings/

  • LAW 109 - Constitutional Law

    A study of the structure of government, from the role of the courts and the concept of judicial review, through the distribution of power in the federal system and the allocation of power among the three branches of the government, followed by a study of individual rights protected by the Constitution.

  • LAW 110 - Contracts

    Contracts This course explores legally enforceable promises, normally exchanged as part of a bargain between private parties. Among the topics that may be covered are: bases of enforcement, capacity to contract, contract information, interpretation, conditions, excuse of performance, and remedies for breach.

  • LAW 111 - Legal Practice I

    In Legal Practice, students will learn legal analysis, writing, research, and other practical skills. Students will work with full-time writing faculty and research librarians to research and write objective office memoranda and a letter to a client. Students will also work with practicing attorneys to learn skills necessary in client interviewing, counseling, negotiation, and oral presentations.

  • LAW 111 - Legal Skills I

    In Legal Practice, students will learn legal analysis, writing, research, and other practical skills. Students will work with full-time writing faculty and research librarians to research and write objective office memoranda and a letter to a client. Students will also work with practicing attorneys to learn skills necessary in client interviewing, counseling, negotiation, and oral presentations.

  • LAW 112 - Legal Practice II

    This is the second semester of Legal Practice for 1L students. The course continues instruction of legal analysis, writing, and research. Additionally, students continue working with practicing attorneys and refining the skills necessary in client interviewing, counseling, negotiation, and oral presentations.

  • LAW 112 - Legal Skills II

    This is the second semester of Legal Practice for 1L students. The course continues instruction of legal analysis, writing, and research. Additionally, students continue working with practicing attorneys and refining the skills necessary in client interviewing, counseling, negotiation, and oral presentations.

  • LAW 113 - Legal Skills III

    Legal Skills III and IV compose the second year of a two-year course required of all students. Taught primarily in small student “law firms,” the course’s coverage includes professional responsibility, the nature of the legal profession, legal research and writing and numerous legal skills including drafting, interviewing, negotiation, introduction to trial and appellate practice, and alternative dispute resolution.

  • LAW 114 - Legal Skills IV

    Legal Skills III and IV compose the second year of a two-year course required of all students. Taught primarily in small student “law firms,” the course’s coverage includes professional responsibility, the nature of the legal profession, legal research and writing and numerous legal skills including drafting, interviewing, negotiation, introduction to trial and appellate practice, and alternative dispute resolution.

  • LAW 114A - Adv Practice: Appellate

    The course will prepare students for practice in the appellate field. Students will receive in-depth instruction on persuasive writing and oral argument and will receive practical training in appellate advocacy. Students will have opportunities to review a trial record, create an appendix, and strategize which issues to bring on appeal. Students will note an appeal, write and revise a substantial appellate brief, and orally argue a case. This class does not require a supplemental writing class, but will have a more substantial out of class writing requirement.

  • LAW 114B - Adv Practice: Civil

    The Pretrial Civil course is designed to introduce students to persuasive pretrial advocacy in a civil context. The course will prepare students for practice in civil litigation by introducing them to writing and practical skills necessary to represent a client in a civil case. Students will follow a single civil case from pre-litigation negotiations through the complaint and answer, discovery, and pre-trial motions. Students will learn civil litigation skills through a variety of practical assignments, such as drafting pleadings, conducting discovery, and engaging in alternative dispute resolution. Students will also write a demand letter and one or more substantive motions and briefs in support of motion(s). In addition to attending practice classes with adjunct professors, the students will register for and attend an additonal required writing class for the first six weeks of the semester. At the end of the semester, students will present oral arguments on a substantive motion.

  • LAW 114C - Adv Practice: Criminal

    The Pretrial Criminal course is designed to introduce students to persuasive pretrial advocacy in the criminal law context. Unlike what you might see on television, criminal cases are not usually won in 22 minutes in the courtroom. Rather, the bulk of criminal litigation is handled pretrial through pleadings, discovery, witness interviews, and pretrial motions. Students will follow a single criminal case from the commission of a crime to the start of trial, focusing on the behind-the-scenes issues that criminal lawyers are forced to address every day. Students will receive reports of a crime, interview the defendant and/or the victims, investigate the evidence, and determine which charges to bring. Students will then engage in various pretrial activities typically found in criminal practice, such as moving for discovery, preparing exhibits for trial, and negotiating plea deals. Students will write two or more substantial motions to suppress. In addition to attending practice classes with adjunct professors, the students will register for and attend an additional required writing class for the first six weeks of the semester. The class will culminate with a final oral argument based upon a written motion to suppress.

  • LAW 114L - Adv Practice Large Section

    This course is a co-requisite with Law 114 Advanced Practice: Civil  and Law 114C Advanced Practice: Criminal . Students will attend a once weekly class for the first six weeks of the semester that will focus on persuasive writing skills. This class emphasizes clear and effective reader-focused writing that is tailored to a particular audience. Students will build on objective writing techniques and learn to adapt their writing to a persuasive context. Students will learn techniques for writing persuasive legal arguments, persuasive fact statements, and persuasive rules and rule explanations. This class will complement the curriculum and instruction in the Pretrial Civil and Criminal classes.

  • LAW 115 - Legal Skills/Ethic Exam

    The final examination on legal professional and ethical issues for the Legal Skills Program. Operates in conjunction with Legal Skills IV. Students must enroll in either section 01 or 02 of Law 115 in conjunction with Law 114.

  • LAW 115 - Professional Responsibility

    The final examination on legal professional and ethical issues for the Legal Skills Program. Operates in conjunction with Legal Skills IV. Students must enroll in either section 01 or 02 of Law 115 in conjunction with Law 114.

  • LAW 118 - Prof Responsibility for LLMs

    This course is designed to introduce international attorneys to legal professional responsibility in the United States.

  • LAW 250 - Intro to American Law

    This course is designed to provide an introduction into the structure and content of the American Legal System to foreign students who have not received American law training. The course is composed of two components: 1) instruction in American Law and Legal Institutions and 2) Legal Research Training. The substantive element contains materials on the Basic Principles of American Law, the Legal Profession, the Jury System, Constitutional Law and Torts. The research portion provides a basic introduction into the modern American law library’s holdings and computer-based research techniques. The course meets for a total of 15 class meetings for at least 90 minutes at each session and will be graded on a pass/fail basis.

  • LAW 251 - LLM Language Course

    This course is designed to improve the English language skills of entering international students in the LLM program or at the University.

  • LAW 301 - Law & Intimate Associations

    A in-depth study of the state’s role in creating legal family relationships and in encouraging or discouraging particular social relationships, with a primary focus on the parent-child relationship. The course will take a multi-disciplinary and comparative approach, drawing materials from the social sciences (e.g., sociology, psychology, political science) and the humanities (e.g., philosophy, history, literature) as well as from law, and examining the laws and social circumstances relating to intimate associations in other countries as well as in the U.S. The course will also have a law reform orientation; we will study the topic with an eye to determining whether and how state legislatures should rewrite the laws that dictate who a child’s first legal parents will be. Students will also attend a conference on this topic to be held at the law school, where academics from various disciplines will present papers.

  • LAW 302 - Statistics for Lawyers

    Statistics for Lawyers This course introduces basic statistical analysis and its application to problems that arise frequently in litigation. It covers the concept of distributions and summary statistics; statistical sampling; analyzing the validity of data collection methods; basic hypothesis testing; and methods for studying correlations in data. The course will cover a variety of legal applications of statistics, including discrimination litigation, use of DNA to identify individuals, products liability, and discrimination in jury selection. The course assumes no prior knowledge of probability or statistics. It will emphasize broad understanding over the details of calculation. Grading will be based on weekly homework assignments and a final exam.

  • LAW 303 - Corporations I

    An introductory examination of the law applicable to corporations. This course examines the process of formation and capitalization of corporations, the concept of limited liability, and the role of fiduciary duties in corporate governance. We will examine how these duties are enforced in different settings (public corporations and closed corporations); under state and federal law; and some other recurring litigation and planning issues. Students who take Corporations may not take Business Associations.

  • LAW 305 - Trust and Estates

    A study of the law governing inter vivos and death time gratuitous transfers of property. Aspects covered include transfers under intestate succession statutes; the law of wills, including the formalities of execution, testamentary capacity, undue influence and fraud, interpretation, and revocation; non-probate transfers; the law of trusts, including methods of creation and termination, rights and interests of the beneficiary, and special problems relating to resulting, constructive and charitable trusts; and fiduciary administration, including an introduction to probate proceedings and problems of trust administration.

  • LAW 306 - Bankruptcy Survey

    Bankruptcy Survey This course will examine the federal Bankruptcy Code. Issues to be discussed include property of the estate, the automatic stay, claims, preferences, exemptions, priorities, and discharges. We will review these issues as they arise in liquidations under Chapter 7, corporate reorganizations under Chapter 11, and wage earner adjustments under Chapter 13. Students enrolling in this course can not also register for nor have taken Law 421 Business Bankruptcy, Law 406 Consumer Bankruptcy.

  • LAW 309 - Evidence

    An intensive study of the law of evidence primarily utilizing the Federal Rules of Evidence. Topics addressed by the course include relevance, authentication, real evidence, competence, heresay, impeachment of witnesses, and privileges.

  • LAW 309T - Evidence-CLCT Summer

    Intensively discusses the law of evidence, primarily utilizing Federal Rules of Evidence. Topics addressed include relevance, authentication, real evidence, competence, hearsay, impeachment of witnesses, and privileges.

  • LAW 310 - Electronic Discov & Data Szr

    Electronic Discovery and Data Seizure This course addresses the legal and practical issues inherent in conducting electronc discovery in civil cases, especially under the Federal Rules of Civil Procedure, as well as the law of electroinic data search and seizure under the Fourth Amendment and Federal Rules of Criminal Procedure. No special information technology knowledge or background is required.

  • LAW 310T - E-Discvry/Data Seizures-CT Sum

    Introduces electronic discovery as an essential part of legal practice. The class takes a practice-oriented approach and presents the relevant case law and the applicable Federal Rules of Civil and Criminal Procedure. Identifies both the client’s and attorney’s responsibilities in the production and preservation of electronically stored information. Provides the basic technical knowledge to understand the legal requirements to help attorneys and clients avoid the shocking consequences and potential sanctions handed down in court.

  • LAW 311 - Federal Income Tax

    A study of the basic laws relating to federal income taxation of the individual. Included are problems relating to computing gross income, the reduction of gross income to taxable income, and the recognition and character of gains and losses from disposition of property.

  • LAW 314 - Title Insurance

    This course considers the topic of land title and the potential encumbrances and defects that might exist. It will focus on title insurance as an evolved form of risk management with special attention given to the principal title insurance policies currently in use. In particular, the course will discuss the insuring provisions of both the lender’s and the owner’s policy, exclusions from coverage, claims and claim processing, significant other policy provisions and risk analysis. This class is highly interactive with an emphasis on practical solutions.

  • LAW 315 - Employee Benefits: Emp Rights

    Employee Benefits The course is an introduction to the federal regulation of employee benefits (including retirement benefits, medical coverage, disability, and severance). The course introduces students to the rights that employees have under the federal statute ERISA. It covers topics such as vesting of benefits, preemption of state law, fiduciary duties, enforcement, and remedies. This course is partiularly appropriate for students interested in a labor, employment, or health-care practice. - - - - - - - - - - - - - - -

  • LAW 316 - Topics of Intl Crim Justice

    This short course offers students an introduction to the international criminal justice system, by critically exploring recent topics and trends. Topics to be covered will include the national prosecution of the crime of piracy, the admissibility of cases at the International Criminal Court (situations of Kenya and Libya), and the position of the Defence in the procedures at the Extraordinary Chambers in the Courts of Cambodia. Grades will be based on a final examination.

  • LAW 317 - Law & Neuroscience

    This course examines a variety of cutting-edge, at times controversial, linkages between law and neuroscience, ranging from social and environmental influences on the brain and behavior to the interpretations of neuroimaging and the prediction of criminality and predispositions towards mental illnesses and addictions. Students will learn how discoveries in neuroscience intersect with societal responses and legal decision-making. Scientists are increasingly using new techniques to investigate the brain activity underlying cognitive phenomena. The course will explore whether, and if so how, the law should engage with various emerging neuroscientific findings, technologies, and perspectives on such topics as evidentiary rules, memory bias and enhancement, lie and deception detection, the neurobiology of criminal culpability and punishment, emotions and decision making, addiction, adolescent brains and juvenile law, moral and legal reasoning, tort law, artificial intelligence, and the like. The course will also address a variety of challenging questions raised by the increasing introduction of brain scans as evidence in courtroom proceedings. A background in science may be helpful, but is not required, as the course will provide a “brain basics” introduction for law students.

  • LAW 318 - Advertising Law

    This short course provides an introduction to the laws and regulations relating to advertising and marketing in the United States. Topics to be covered will include the assessment of truth and falsity in advertising, copyright law, trademark and unfair competition law, rights of publicity and privacy, and FTC and other regulatory schemes. Grades will be based on a final examination.

  • LAW 320 - Business Associations

    An introductory examination of the law applicable to contemporary forms of business enterprise: the general partnership, the limited partnership, the limited liability parternship (LLP), the limited liability company (LLC), and the corporation. The course begins with an introduction to the principles of agency, which govern all these forms of enterprise. The course then explores the process of organization, formation and capitalization, limits on investors personal liability, and the role of fiduciary duties in different business contexts. We will then examine how these duties are enforced under state (and some federal) law. This course is a general introduction to the field. Students who take Business Associations may not take Corporations or Small Business Entities.

  • LAW 324 - Business & Legal Problems

    Entrepreneurship: Business and Legal Problems Entrepreneurship: Business and Legal Problems The Mason School of Business and the Marshall-Wythe School of Law will offer this course jointly. It is designed to familiarize 1) MBA students with the bodies of law and legal issues faced in a start-up, or smaller business enterprise and in the financing of an enterprise; and 2) to familiarize law students with the kinds of legal and business issues business executives face. Both business and law students will gain a hands-on understanding of how business executives and lawyers can work together to deal efficiently and effectively with matters inextricably part business and part legal. The course will have as its operational context the development and implementation of an actual business situation which will include a business plan. Students will be divided into teams with each team having a legal component (in-house counsel) and a business component executive team). The executive team will be primarily responsible for developing and implementing the business aspects of the enterprise, while in-house counsel will be responsible for raising and solving associated legal issues and implementing the necessary legal structures and agreements. The teams will be required to work together as they would be in any business to develop and implement the business plan and to bring the specified business case to commercial viability. In-house counsel will be paid (graded) in part by the executive team and executive performance will be assessed (graded) in part by in-house counsel. There will be a professor from each School with overall responsibility for the course and for the respective groups of students. Individual class sessions will usually involve other professors from the respective schools and outside resources as well. The class meetings will alternate weekly between the Mason School Marshall-Wythe. The course will use two texts: The Entrepreneurial Venture, 2nd Edition and The Entrepreneur¿s Guide to Business Law, 2nd Edition. This is a non-law course cross listed with law. The course materials will be found in Blackboard.

  • LAW 325 - Private Equity & Venture Cap

    Private Equity & Venture Capital Covers the essential principles of the risks and rewards associated with Private Equity and Venture Capital. Financial analysis of a business and risk/return characteristics, business valuation methods, and the financing sources are covered to better understand the required returns to risk investors. Other topics include: fund raising, early stage, middle stage and ultimately late stage investments; buyouts and exit strategies; the structuring of the “deal”; the creation of term sheets, negotiation strategies, and human capital and resources. This is a non-law course cross listed with law. The course materials will be found in Blackboard.

  • LAW 326 - Partnership & LLC Taxation

    This course examines the fundamental rules governing the federal income taxation of partnerships, including LLCs treated as partnerships for income tax purposes. An overview of S corporation taxation and federal income tax issues to consider in choosing the appropriate entity are also covered.

  • LAW 327 - Banking Law

    The course covers the regulation of banks and other financial-services institutions. Specific topics include the definition of banking, the regulation of bank activites and capital structure, and the resolution of failed banks. The course also covers the financial crisis of 2007-2009, the resulting Dodd-Frank legislation, and international efforts to prevent future crises (such as Basel III accords).

  • LAW 328 - Regulation of Markets

    This course provides a survey of how the state intervenes to address major market failures with emphasis on regulation of competition, natural monopolies, externalities, and imperfect information. We will examine the reasons why markets fail and the theoretical rationale behind government intervention to correct those failures. We will study the tools the state uses to regulate markets including price and rate regulation, command and control regulation, market-based mechanisms, and incentive regulation. We will also analyze the economic consequences of various forms of regulation. The course will include case studies of a variety of regulated industries including electricity and utilities, telecommunications, and transportation. This course should be taken by students who want to work in a regulatory agency, on a house or senate committee that deals with regulated industries, in a law firm that deals with regulatory matters, or in a regulated industry. COURSE OBJECTIVE: At the end of the course students should understand and be able to explain to others the economic rationale for government regulation of markets. Students should also be able to evaluate the likely consequences of a regulation given appropriate information about the regulated industry and the policy in question. Students will be familiar with key types of economic regulations and the ways the regulations work (or fail to work) to increase efficiency. Students will also have an increased understating of key regulated industries. METHOD OF EVALUATION: Students will take midterm and final examinations, each accounting for 30% of the final grade. Students will also develop an industry case study which they will present orally and in writing (12 to 15 page paper) that will account for the remaining 40% of the final grade. This is a non-law course cross listed with law. The course materials will be found in Blackboard.

  • LAW 331 - Intro to Statutory Analysis

    This 1-credit mini-course provides an introduction to the toolbox of arguments available to lawyers working on behalf of clients whose conduct is regulated in whole or in part by statute. This applies to basically all clients and their lawyers, but particularly those future lawyers who intend to practice in DC or a state capital like Richmond. The grade will be based on particiption and a memo assignment due October 14th. Laptops will not be used in class.

  • LAW 333 - Securities Regulation Survey

    This survey course examines the federal law and policies governing the purchase and sale of securities, particularly the Securities Act of 1933 and the Securities Exchange Act of 1934 and related regulations. The first portion of the course will deal with the securities law issues faced by privately-owned companies up to and including a company’s initial public offering. The second portion of the course will deal with the issues faced by public companies, including periodic reporting, insider trading, and selected business transactions. Pre-requisite: LAW 303 - Corporations I  or LAW 320 - Business Associations 

  • LAW 334 - Community Assoc Law

    This class will cover the legal structure of covenants and servitudes organizing modern community associations. The number of community associations has increased exponentially over the last two decades as local governments have increasingly looked to the private sector to provide amenities and services historically provided by such governments. In addition, these entities have become more prominent as the development focus has been on higher density housing and mixed use developments which combine commerical and residential uses in integrated planned developments. This course will consider the corporate and governance functions of community associations and the legal documents which provide the contractural framework for such governance. Coverage will include discussions of the respective roles and functions of the various parties involved in the formation, management and operation of Community Associations including local government and zoning officials, land planners, developers, investors, lenders, homeowners, boards of directors, property managers, homeowners committees and citizens groups. Class time will consist of a combination of lectures coverning textbook materials and posted reading materials, discussion and consideration of posted problems corresponding to topics covered in class, role playing, and document drafting exercises.

  • LAW 339 - Natural Resources Law

    The course provides an introduction to federal natural resources law, with an emphasis on living resources. We will examine the theoretical conflicts that underlie various approaches to resource management, as well as the special qualities of natural resource problems that render management efforts difficult. Focusing on the legal treatment of fisheries and marine mammals, wildlife and biodiversity, water resources, forests and preserved public lands, we will probe the complex interplay between environmental, economic, cultural, and political factors in natural resource decision making. Note: this class does not meet every year.

  • LAW 345 - Environmental Policy

    Environmental Policy This course is offered by the Public Policy Program and offers limited enrollment to law students. Law students must receive professor permission to enroll. The course will explore policy making for environmental problems and will focus on issues that are local, national, and international. We will primarily focus on national environmental policy, and how that policy is implemented at a local and regional level. Issues we will explore will include water pollution policy and land-use in the Bay, U.S. Marine Mammal Policy, and U. S. Pollution Policy. For each of these issues, we will examine the U.S. laws and regulations as well as each agency’s approach for quantitatively assessing the benefits and costs of environmental policy.

  • LAW 346 - Fund of Env Sci for Policy

    Fundamentals of Environmental Science for Policy This course is intended primarily for students in Law, Public Policy and related disciplines. It is cross-listed with PUBP 600 . It is designed to introduce the students to the science of natural systems and ecological processes. Through readings, lectures and discussion, the first half of the course examines the current state of our understanding in terms that will give the student confidence and the facility to critically assess theories and observations in environmental science. With this as a foundation, the second half of the course begins with an instructor led discussion of the enhanced greenhouse effect followed by student led discussions of other major case examples such as coastal eutrophication, biodiversity loss, water resources, sea level rise, environmental contamination, land use trends, and invasive species impacts. Student expectations include mid-term and final exams, and the development of a case study presentation extending over two class periods. This is a non-law course crosslisted with Law and the course materials will be found in Blackboard.

  • LAW 347 - Pub Pol for Sci & Professions

    Public policy analysis is vital for defining problems and evaluating alternative solutions that lead to new laws, regulations or government policies. This course prepares students to deal with an increasingly regulated business environment, rapidly changing regulations in environmental science, and the widening scope of the practice of law. Offered one evening per week throughout the semester, the course is team taught by an economics professor and a political science professor in an engaging seminar format using provacative materials with practical application. Topics include markets, political economy, market failure, equity and effiiciency, government failure, regression analysis and surveys (including political option polling) and data collection for public policy analysis. Prior exposure to economics or statisticsa is helpful but not required, and college algebra is sufficient mathematical preparation for the course. Satisfactory completion of this course is a prerequisite for enrollment for graduate students outside Public Policy in subsequent Public Policy courses, whether or not they are cross-listed outside of Public Policy. This is a non-law course crosslisted with Law and the course materials will be found in Blackboard.

  • LAW 349 - Commons, Anti-Commons

    Commons, Anti-Commons & Impenetrable Commons This short course will begin by examining the problems presented in effectively managing the use of common resources such as fisheries. Next the course will cover the anti-commons: situations in which excessively splintered property rights prevent the assembly of property interests into socially useful bundles. The course will conclude by considering a novel category of impenetrable commons: situations in which interconnected property rights become literally undecipherable as the number of interested parties grows. The motivating case is the complex web of credits and debits between financial firms exposed by the economic crisis of 2008. For each of these three phenomena, we will begin with theory, consider a number of real world examples, and conclude by considering a range of possible solutions. Students will write 2 to 3 page reaction papers to each day’s readings.

  • LAW 351 - Alternat Disput Resolut Survey

    Knowledge about the various alternative processes of dispute resolution, as well as the law of ADR is quickly becoming indispensable to the civil legal practice of law. This survey course will introduce students to the important legal principles and issues posed by the growing use of ADR within the legal system. Further, the course will focus on the different types of alternative processes available to lawyers, with the goal of recognizing that conflict can present opportunities for significant change and growth, that will enable lawyers to more adequately represent the interests of their clients.

    Students can choose to have this course satisfy the writing requirement or not.

  • LAW 353 - Law & Psychology

    Many issues of law involve questions that are psychological in nature, referring to human behaviors and/or mental processes. For example, how do juries reach decisions? What do we know about memory, and to what extent can it be trusted in making legal judgments about guilt or liability? When is a confession voluntary; does the law think about voluntariness in a way that makes psychological sense? When is a criminal defendant mentally competent to stand trial? When may a criminal defendant be considered insane? What types of psychological defenses (defenses grounded upon mental illness)should a defendant be able to claim? When may a person be involuntarily incarcerated when (s)he has not committed a crime? What is the proper role of expert testimony? To what extent are the innovations of modern brain science, including technologies such as structural and functional MRI, relevant to judgments about legal responsbility? And so forth. Psychology and law have adopted overlapping, but also significantly contrasting perspectives on such issues. In this course we will investigate how psychologists work within the legal system and how psychological theories, research data, techniques, and methods might contribute to our understanding of the law. This is a three credit course which will meet twice weekly. Major components of the course grade will be a final exam, a class presentation by each student, and class attendance and participation.

  • LAW 354 - Law, Equality & Soc Excl

    The aim of this course is to provide a general overview of of the interface between the law, the Constitutional mandate for achieving substantive equality and justice, and social dynamics in contemporary India. It examines how, in a society characterized by considerable inequality and hierarchy on the basis of caste, class, ethnicity and religion, the law operates to maintain the status quo but is also is used as an instrument to challenge inequality by marginalized social groups and by socially-engaged activists. The limits of the use of the law as an instrument of achieving substantive social justice and equality are also explored. This course will familiarize students with a range of Indian laws and Constitutional provisions that often work in contradictory ways from the perspective of the marginalized. Although the course deals specifically with the Indian case, insights that it provides will prove useful for making cross-country comparisons and for understanding the dilemmas related to the role of the law in relation to socially-excluded groups in many other countries. The course will be divided into five or six sessions. The first, introductory, session familiarizes students with the reality and magniture of social exclusion in contemporary India. The second and third sessions discuss various anti-discriminatory laws and Constitutional provisions related to socially-excluded groups, as lowa castes, indigenous tribala peoples and religious minorities. The fourth session looks at the actual impact and achievements of these laws and Constitutional provisions and of various state-sponsored affirmative-action and other such measures for marginalized groups. The fifth and final session frames the various issues discussed in the previous sessions in a cross-country perspective. A 10-12 page paper will be required to be submitted by email within two weeks after the conclusion of the course.

  • LAW 355 - Introduction to Islamic Law

    This course introduces the basic sources for Islamic jurisprudence and describes the role of Islamic law in today’s diverse and rapidly changing world.

  • LAW 359 - E-Commerce Law

    Electronic commerce has swept the nation and continues to increase in size and importance. This three credit course will focus the effect of information technology on commercial transactions by considering current and emerging legal issues. The course will use Ronald J. Mann’s Electronic Commerce (4th edition) as the class text with class sessions also using the problem discussion method. Although the course will have a final examination, it will also include drafting exercises, and students will frequently be asked to assume the role of a transactional attorney during class discussion. Attendance, class participation, and the completion of problems will account for 20% of the final grade. The final contract review exercise will account for an additional 20% of the grade. The final examination will comprise the remaining 60% of the course grade.

  • LAW 359T - E-Commerce Law CLCT Summer

    This course focuses on the effect of information technology on commerical transactions by considering current and emerging legal issues. Students will use drafting exercises, and assume the role of transactional attorneys during class discussion.

  • LAW 360 - Legal Issues in Education

    An advanced course on school law designed to explore legal issues of interest to graduate students. After satisfactory completion of this course, students should be capable of 1) identifying and analyzing significant legal issues in education; 2) translating statutes, governmental regulations, and court decisions into educational policy and administrative procedures; 3) expanding their knowledge of legal issues in education through continued refinement of their skills in legal research, interpretation of statutes, and legal analyses; and 4) understanding the nuances of legal reasoning. This is a non-law course crosslisted with law and the course materials will be foundin Blackboard.

  • LAW 362 - Education Law

    An examination of principles of school law by use, in part, of the care study approach. Legal foundations of public and non-public schools are studied with consideration given to the Virginia School code. Basic legal principles and guidelines for assisting teachers, administrators and professional support personnel are developed.

  • LAW 363 - Special Educ Law & Advocacy

    Special Education Law & Advocacy Special education litigation is exploding, resulting in three decisions from the U. S. Supreme Court in three years. Students in this multi-disciplinary course will learn about federal statutes and regulations governing the education of children with disabilities, their historical basis, evolution, and expected future developments. This course will focus on the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, the No Child Left Behind Act, the Family Educational Rights and Privacy Act, and the McKinney-Vento Homeless Assistance Act. Students will learn about the disabilities, from visible physical handicaps like cerebral palsy, to “hidden handicaps” autism spectrum disorders and learning disabilities. Students will learn to use data from psycho-educational evaluations to determine a child’s unique needs, and whether the child is progressing and receiving a free, appropriate public education. This 3 credit course will be graded, with the grade determined through an examination at the end of the semester. Pre-requisite (or concurrent requisite in spring 2009) for Special Education Advocacy Clinic.

  • LAW 364 - Legisltn, Litigation & Spec Ed

    A study of the impact of legislation and litigation on the field of special education.

  • LAW 365 - Law & Higher Education

    A course for advanced graduate students that examines constitutional, statutory, and case law relevant to higher education and the implications of this body of law for policies and practices affecting students, faculty, administrators, and staff. Students will learn basic legal concepts and become familiar with relevant legal terminilogy.

  • LAW 369 - The Wire: Crime,Law & Soc Pol

    This course explores legal and policy issues raised by David Simon’s critically acclaimed HBO series The Wire. Among the topics explored will be wiretapping, confessions, search and seizure, sentencing law, police manipulation of crime statistics, race and the criminal justice system. In addition to class participation, grades will be determined based on two short reaction papers and a final paper of no more than fifteen pages due at the end of the exam period. The class materials will include all five seasons of The Wire as well as cases, law review articles, public policy papers, book excerpts, and statutes. Before enrolling in this course, please be advised that (1) The Wire contains a considerable amount of violence and offensive language, and (2) this course will require you to invest a significant amount of time before the semester begins because all students must watch the first two seasons of the show in advance of the first class.

  • LAW 375 - Advocacy Regulation

    This course will introduce students to the multi-tiered and often contradictory ethics rules governing those who lobby government officials at the federal, state and local levels. The course aims to expose students to the various lobbyist registration, licensing, and reporting requirements (including HLOGA, FARA, and selected state and local requirements) in order to give students a broad survey of the differing regimes applicable to the industry. A primary focus will be on the types of conduct prohibited for lobbyists (and the government officials with whom they deal) and the policy choices and implications feeding, and stemming from, those ethics regulations. Students should emerge from this course with an understanding of the rules governing lobbyists at all levels of government, as well as a comprehension of the challenges inherent in the American system of government in creating and enforcing a uniform set of standards. Students will be asked to examine not only the legal requirements but also real-life scenarios faced by lobbyists and ethics regulators, and to consider the policy implications behind the decisions those actors make. Grading: 10-12 pp paper.

  • LAW 376 - Election Law Practicum

    Challenges of the General Counsel This course will explore the fundamental roles played by lawyers who work in-house at companies, political parties, and other entities (campaigns, etc.), including the roles of a legal technician, wise counselor and leader. The course will advance for critical analysis the idea of the general counsel as a complex business leader who is required to navigate between different constituencies (i.e.regulators, the media, senior officials). The course will address the conflicting concerns faced by these in-house practitioners by examining a series of hypothetical cases. The “cases” in this course involve questions beyond narrow legal issues and delve into larger issues of policy and politics, by using specific illustrations drawn from the political and business world. These cases involve a broad range of considerations: risk management, public policy, politics, and reputation. For each case the students would be given the factual scenario, reports from the media, and other background materials. The students would be directed to issue spot and research the laws that could be involved. For each class the students would come prepared to discuss not only the scenario itself and the law implicated, but also appropriate responses by general counsels to each scenario, examining the pros and cons of responding to the situations in differing ways. Each student would be required to prepare a 3 to 5-page memo examining each of the cases, including analysis of key legal, public relations, and corporate citizenship issues. Each memo must also include recommendations on appropriate responses by the company/campaign/party involved in the case. The papers will be of the type used in practice by in-house counsel, in presenting emergency items to management and the board for action. In addition, each student would be asked to present his or her memo once during the semester to the rest of the class with the class assuming the role of the Board/management, and asking the student to discuss the identified issues and make recommendations. Grading will be based upon the quality of the papers submitted (80%) as well as the presentations made to the class (10%). Participation in class discussion will count for 10% of the total grade.

  • LAW 377 - Post-Election Litigation

    This one credit course will meet on on two Saturdays at the William & Mary’s DuPont Office in Washington, DC. The course will focus on the legal issues and consideration in post-election disputes. In general, such disputes take the form of either recounts of contests. The first describes the process of retabulating ballots cast in an election. The second describes challenges brought to the election process itself - including election administration, standards, claims of fraud, etc. Both recounts and contests can be handled administratively, judicially or legislatively (i.e., as part of the seating process). This course will touch on each of these processes and will focus on the related constitutional issues - including due process, equal protection, federalism, separation of powers and the political question doctrine. Some attention will also be paid to the strategies and tactics most often employed in such disputes. In addition to class participation, grades will be based on a short paper - 10-15 pages analyzing the legal concerns and strategies available under different existing state recount statutes.

  • LAW 378 - Hot Button Topics-Const Fed.

    This course is a one credit, one-week, intensive review of recent constitutional developments in the field of constitutional federalism. Specifically, the course would examine the following three areas each taken from very recent decisions of the U.S. Supreme Court: 1) The “Obamacare” case (the scope of national enumerated powers), National Federation of Independent Business v. Sebelius, 2) the Gun Control Law cases (“the Second Amendment…the right to keep and bear arms”) of Heller v. District of Columbia and McDonald v. City of Chicago and 3) the Arizona “illegal immigrant” case of Arizona v. United States (the scope of national enumerated powers, and the tenth and fourteenth amendments). These three current topics and the several edited principal cases (to be supplemented with accessible references to subsequent lower court decisions) will be discussed in this one week long mini course. A short paper will be required of each student

    This course satisfies the writing requirement.

  • LAW 378 - Selected Topics in Con Law

    This course is a one credit, one-week, intensive review of recent constitutional developments in the field of constitutional federalism. Specifically, the course would examine the following three areas each taken from very recent decisions of the U.S. Supreme Court: 1) The “Obamacare” case (the scope of national enumerated powers), National Federation of Independent Business v. Sebelius, 2) the Gun Control Law cases (“the Second Amendment…the right to keep and bear arms”) of Heller v. District of Columbia and McDonald v. City of Chicago and 3) the Arizona “illegal immigrant” case of Arizona v. United States (the scope of national enumerated powers, and the tenth and fourteenth amendments). These three current topics and the several edited principal cases (to be supplemented with accessible references to subsequent lower court decisions) will be discussed in this one week long mini course. A short paper will be required of each student

    This course satisfies the writing requirement.

  • LAW 379 - Legislative Redistricting

    Legislative Redestricting This course reviews the doctrinal history and present status of judicial review of legislative redistricting with an emphasis on the Voting Rights Act of 1965, the requirements of nondilution, the governing Supreme Court decisions and judicial remedies.

  • LAW 380 - Comparative Law

    This course introduces and compares sources of law, underlying values and goals, and applications of the major legal traditions of the world, including civil law, common law, Islamic law, Talmudic law, customary law, and Asian legal systems as they originally developed and as they are evolving and changing in the world today. Course satisfies the Major Paper Requirement.

    This course satisfies the writing requirement.

  • LAW 381 - Intl Election Principles

    International Election Principles The purpose of this course is to examine international election standards based on the rule of law. The ultimate goal is to establish knowledgeable, predictable, rule-based decision-making that limits the power entrusted to government officials, while concurrently encouraging the widest development of democratic systems. The course will cover each step in the electoral process: (1) recognition of political parties and which candidates will be qualified to stand for election; (2) voter registration including registration, maintenance of lists, grounds for suspension and reinstatement; (3) absentee ballots, if they are to be used, as well as the procedures for their issuance and as to their counting;(4) early voting and remote voting if it is accepted as a means of increasing participation; (5) ballots, ballots design, machinery, pre-vote verification, the observation of that process so that it is transparent, ballot collection, computerized and other mechanical voting systems, ballot audits, physical security, and the availability of election day remedies; (6) verification of who is, and is not, a voter; (7) the conduct of the election itself, including how officials are trained and qualified; (8) the process for recounts; (9) the process for challenges and contests; and, (10) administration and supervision applying objective standards. Each of these steps will involve the class in a discussion of the development of concrete standards for the international community to apply in the election process.

  • LAW 382 - Human Rights Law

    This course will cover fundamental international human rights law. It will address the sources of international law, United Nations human rights instruments, domestic jurisdiction, organizations for enforcement for human rights law, non-governmental organizations that promote human rights enforcement, and current issues in human rights law.

  • LAW 385 - International Criminal Law

    This course examines the emergence of international criminal law during the last century and assesses the desirability and efficacy of international criminal prosecutions as a response to large-scale violence. The course traces the development of international criminal law, focusing primary attention on events taking place since the Nuremburg and Tokyo Tribunals, and concentrating in particular on the work of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, and East Timor, as well as the International Criminal Court. The court traces the substantive development of international criminal law through an examination of the core international crimes over which these bodies have jurisdiction: genocide, crimes against humanity, war crimes, and aggression. The course will likewise trace the development of international criminal procedure, a unique body of law that blends features of adversarial and non-adversarial criminal justice systems in an effort to meet the challenges of prosecuting large-scale crimes that can span many years, many miles, and feature many thousands of victims. Finally, the course will examine the political context in which the prosecution of international crimes takes place. It will consider the effect of such prosecutions on peace negotiations and the desirability of international prosecutions in comparison with other responses to mass atrocities, including domestic and transnational criminal prosecutions, truth commissions, lustration efforts, and reparations schemes. Completion of Public International Law is desirable though not compulsory.

  • LAW 387 - Summer Legal Advantage Prog

    Introduction to American Law This course is designed to provide an introduction into the structure and content of the American Legal System to foreign students who have not received American law training. The course is composed of two components: 1) instruction in American Law and Legal Institutions and 2) Legal Research Training. The substantive element contains materials on the Basic Principles of American Law, The Legal Profession, the Jury System, Constitutional Law, and Torts. The research portion provides a basic introduction into the modern American law library’s holdings and computer-based research techniques. The course meets for a total of 15 class meetings for at least 90 minutes at each session and will be graded on a pass/fail basis.

  • LAW 390 - European Internet Law

    This course will consider various topics regarding European Internet Law. The nature of the topics will change from term to term.

  • LAW 390 - European Internet Law

    This course will consider various topics regarding European Internet Law. The nature of the topics will change from term to term.

  • LAW 390 - Sp Topics in EU Internet Law

    This course will consider various topics regarding European Internet Law. The nature of the topics will change from term to term.

  • LAW 391 - Election Admin & the Law

    Election Admin & the Law This course will examine the basics of election administration with a particular focus on the system in place in the Commonwealth of Virginia. Topics include (1) a quick history of election reform 2000-2008, 2) an overview of the administration of elections, including a consideration of the distribution of power, responsibility and authority over elections between the federal, state and local governments; and (3) questions of eligibility to vote, such as voter registration, voter identification, and provisional voting. While the class will also touch on issues relating to voting technology and post-election procedures and litigation (including audits, recounts and contests), it will do so only generally and in relation to Virginia’s place in the overall national system.

  • LAW 392 - The State Secrets Privilege

    The State Secrets Privilege Analysis of Supreme Court case in United States v. Reynolds (1953) that first recognized the State Secrets Privilege and its application to current SSP cases involving such issues as NSA Surveillance and the “Extraordinary Rendition¿ of individuals by the United States to other countries for interrogation and likely torture (the cases of Khaled el-Masri and Maher Arar). What standards of review should be followed by federal courts? Deference, utmost deference, or a more independent judicial check? What ¿balancing tests¿ should be applied by courts to both protect state secrets and protect the rights of litigants to challenge government practices? What might Congress enact to clarify this area?

  • LAW 393 - Campaign Finance

    Campaign Finance The purpose of this course is to provide an overview and in depth understanding of the finance system at the federal and state levels. This will be accomplished through the analysis of the Federal Election Campaign Act or 1971 as amended (¿FECA¿) including extensive analysis of the Bipartisan Campaign Reform Act of 2002 (¿BCRA¿). The course will provide a guide to the practice of campaign finance law from a practitioner¿s perspective. The course will be a thorough review of federal law as it applies to the entities that it affects, including candidates, party committees, PACs, 527¿s, corporations, non-profit organizations and individuals. The course will emphasize a practical preparation for the practice of law in this area through the review of case law, regulatory trends, as well as a review of the institutions that regulate campaign finance law. Students will be encouraged to follow current developments in campaign finance law during the course and should expect broad discussion about the practical, policy and political aspects of the practice of campaign finance law.

  • LAW 394 - Post-Conflict Justice & Law

    Post-Conflict Justice and the Rule of Law This course will cover two aspects of post-conflict justice: retributive and restorative justice with respect to human depredations that occur during violent conflicts and mechanisms for restoring and enhancing justice systems that have failed or become weakened as a result of such conflicts. Areas of study will include policy issues relating to accountability, mechanisms for assessing accountability, post-conflict peacekeeping and justice, and (re-)establishing the rule of law in post-conflict environments. A paper, which will satisfy the writing requirement, will be required.

    This course satisfies the writing requirement.

  • LAW 397 - Virginia Criminal Procedure

    A review of the Virginia statutes and Rules of Court governing criminal procedure in Virginia’s courts. Covers Va. Code Title 19.2, Rules of the Supreme Court of Virginia affecting criminal and traffic litigation and a large number of cases interpreting the statutes and rules. The course also lightly covers appellate procedure for criminal cases. Some of the topics covered are jurisdiction, venue, pre-trial motions and procedures, competency and insanity issues, trial, sentencing and appeals. It is not a constitutional law course but there is discussion of how state statutes and rules mesh with constitutional requirements. Course is structured for students who wish to do criminal litigation, either as defense counsel or prosecutor in Virginia. This course is open to 2L and 3L students. Either having completed or being enrolled in Criminal Procedure I & II is helpful, but not required.

  • LAW 398 - Election Law

    This course will examine the laws that govern the political process in the United States. Topics will include the right to vote, political representation, election administration, political parties, ballot initiatives, and campaign finance. The goal of the course is to provide students with a solid foundation in the basic principles of election law in this country.

  • LAW 400 - The First Amendment

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    This course will examine in depth the First Amendment’s guarantees of freedom of speech, press, and association. We will discuss First Amendment theories or justifications; the regulation of various categories of expression including incitement to unlawful action, threats, libel, child pornography, commercial speech, and obscenity; and content-neutral restrictions including limits on symbolic content (e.g., draft carding burning, flag desecration, and nude dancing). The course will cover application of the First Amendment to government while acting in special capacities, including employer, educator, landlord, subsidizer/speaker, regulator of the airwaves, regulator of the Bar, controller of the military, prison warden, and regulator of immigration. The course will also cover certain ancillary First Amendment rights, including the right not to speak and the right of expressive association. Finally, we will examine the “press” and newsgathering rights.

  • LAW 401 - Criminal Procedure I

    An in-depth study of the Fourth, Fifth and Sixth Amendments to the Constitution including criminal procedure. Considered are general due process concepts; the right to counsel; arrest, search and seizure; police interrogation and confessions; identification procedures; and the scope and administration of the exclusionary rules.

  • LAW 402 - Criminal Procedure II

    A study of the constitutional and non-constitutional procedural components of the criminal process. Included are discretionary aspects of the decision to charge; the preliminary hearing; pre-trial release; grand jury proceedings; venue; jury selection; trial procedures; sentencing; double jeopardy; appeals, and post-conviction proceedings. Criminal Procedure I is not a prerequisite.

  • LAW 403 - Criminal Procedure Survey

    A survey of all of the major elements of the trial of a criminal case including search and seizure, interrogation, identification procedures, the right to counsel, arrest and prosecution, preliminary hearings, grand juries, jury selection, trial procedure and sentencing. The course will address all of the major issues covered by Criminal Procedure I and II but will do so in less depth. Students who take Criminal Procedure Survey may not take either Criminal Procedure I  or Criminal Procedure II  for credit.

  • LAW 404 - Secured Transactions

    A study of Article 9 of the Uniform Commerical Code governing security interests in personal property and fixtures.

  • LAW 405 - Payment Systems

    This course will survey the uses of different payment mechanisms (negotiable and non-negotiable instructments, credit cards and electronic funds transfer and wire transfer systems) in both credit and cash transactions. The course will consider allocation of risks for fraud, countermands, defenses on the underlying contract, mistake, timeliness and unauthorized payments. In each case the allocation of risks in connection with different payment mechanisms will be considered, along with whether these allocations should be the same or different for each mechanism. The course will focus on Articles 3 and 4 of the Uniform Commercial Code and, as time permits, consider letters of credit under U.C.C. Article 5 and the International Chamber of Commerce Uniform Customs and Practice. Special emphasis will be given to techniques of statutory analysis, commercial counseling and a rethinking of present rules, especially in the light of the revision of Articles 3 and 4. The impact of federal legislation on the state payments law (U.C.C. Articles 3, 4, and 4A) may also be treated.

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