Jun 21, 2024

2015 - 2016 Graduate Catalog

2015 - 2016 Graduate Catalog [ARCHIVED CATALOG]

Course Descriptions

Explanation of Course Descriptions

Graduate courses may be taken by persons other than regular or provisional graduate students in Arts and Sciences only with the consent of the chairperson of the department/program committee concerned.

Pairs of numbers (501,502) indicate continuous courses. A hyphen between numbers (501-502) indicates that the courses must be taken in the succession stated.

Courses involving laboratory or studio activity are so labeled. All others are classroom courses.

Semester hour credit for each course is indicated by numbers in parentheses.

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Law
	LAW 562 - Legislative Advocacy Seminar This course will provide students with a comprehensive insight into state legislative process from the perspective of the advocate. The course will examine the legislative process from the conceptual stage (“there ought to be a law”), through drafting and filing of a bill, coalition building (“nose counting” and “horse trading”), grass roots advocacy and direct lobbying (“arm twisting”), and culminating in presentation of the bill before a committee (“the shad treatment”). Students will gain insight into how political and public policy concerns, the vested interests of various constituencies, as well as the personalities of the lobbyists, staffers and legislators themselves, combine to influence the legislative process. The course will include a series of exercises in which students will practice the skills necessary to effective legislative advocacy.
	LAW 567 - Copyright Litigation Law Sem This course will explore current issues involved in litigating copyright disputes. The class will cover a range of topics including originality questions, derivative works, technology, special music copying concerns, infringement actions, fair use, remedies, and First Amendment considerations.
	LAW 569 - Constitution & the Family Prerequisite(s): The family law survey course is useful but not a prerequisite. Grading Policy: Both the research paper and class participation contribute to the final grade for the course. Constitution & the Family The Supreme Court has in many ways Â¿constitutionalized” the familyÂ mandating application of select constitutional clauses in deciding many family law disputes. This seminar examines the development of the CourtÂ¿s jurisprudence and explores how (and whether) it implicates numerous contemporary issues, including: the extent to which certain family practices should escape state regulation; the constitutional status of marriage (including same-sex and polygamous marriage); limits on child-rearing and parental rights (including the parental rights of adults not biologically related to a child); and reproductive rights, including rights to alternative methods of reproduction and surrogacy. The seminar will also examine state policy-making responses to changing family structures and shifting constitutional doctrine. Texts: There is no assigned casebook. Readings will include relevant Supreme Court opinions; secondary literature, including law review articles and book excerpts (e.g., addressing theoretical underpinnings of law, providing historical backdrop, and including biographical material); and some state statutory excerpts. Requirements: The seminar requires that students attend and participate actively in class sessions. Students will also present to the class an original research paper of publishable quality. Students with more than one unexcused absence may be dropped from the course. This course satisfies the writing requirement.
	LAW 570 - Selct Prob Int’L Trade & Econ This course will examine both the benefits and the costs that have resulted from increasing interdependence among national economies as globalization facilitates the cross- border flow of capital, goods, services and technology. Selected topics will include international intellectual property; issues of increased economic growth and efficiency; job loss versus job gain due to free trade; the special needs of developing countries; economic inequality, the impact of these economic policies on global environmental degradation; economic integration (such as the creation of the World Trade Organization, the North American Free Trade Agreement, and the European Union); the relationship, if any, between markets and democracy; race, ethnicity, and culture, specifically as they relate to structural market reforms.
	LAW 575T - Legal Technology-CLCT Summer An exploration of the possible implication of legal high technology to law and the legal system with an emphasis on law firm and office technology but also addressing government agency, court, courtroom, and litigation related technologies. The seminar will consider the probable, ethical, procedural, evidentiary, and systemic effects of technological innovations such as knowledge management, technology-dependent lawyer-client relationships, new forms of communication, multi-media court records, remote deposition and hearing appearances, imaged documents, and computer based courtroom information and evidence display.
	LAW 581 - Sel Topics in Eng Leg History This seminar will consider various topics regarding English legal history. The nature of the topics will change from term to term.
	LAW 586 - Topics in Intellectual Prop This seminar will consider various topics regarding intellectual property. The nature of the topics will change from term to term. This is a one-credit, graded course.
	LAW 587 - Animal Law Seminar This seminar offers a practical survey of legislative and regulatory effects and litigation on behalf of animals under U.S. and International law. The course will address the historical status of animals in the law; the current application of animal protection laws for companion animals, wildlife, and farm and other domesticated animals; legislative efforts and citizen initiatives to strengthen animal protection laws; and the limitations on implementation and enforcement of laws addressing anti-cruelty, wildlife, marine mammal and other areas of animal protection and the impacts of free speech, religious expression, and other Constitutional provisions on animal protection statutes will be explored.
	LAW 595 - Citizen Lawyers In 1779, Thomas Jefferson got the William & Mary Law School started. His goal was to train citizen lawyers - people who would be good citizens and leaders in their communities, states and nation, as well as good lawyers. This course will examine whether Jefferson’s model continues to represent an achievable “life’s work” for lawyers in the 21st century. We will look at the different roles traditionally played by lawyers in the United States; the extent to which lawyers have provided community, state and federal leaders for all sorts of venues, public and private; reasons why legal training and experience so well equip lawyers for leadership; and the nature of today’s societal distate for lawyers and what might be done to restore a more balanced view. The course will include practical advice for fledgling lawyers.
	LAW 596 - Incarceration & the Family Prisoners come from families. Imprisonment can have a dramatic impact on prisoners’ family relationships, and conversely family relationships can affect inmates’ experience in prison and success after release. This seminar will examine the connections between the aims of the penal system and the preservation or loss of family relationships; existing rights and regulations relating to prisoner contact with family members before, during, and after incarceration; and legal rules that determine to what extent the interests of prisoners’ spouses and children can be protected (e.g., divorce, child support, termination of parental rights). The course should be of interest to students intending to practice in the areas of criminal defense or prosecution, domestic relations, or child protection.
	LAW 597 - Adoption Law Seminar The course will provide some preparation for counseling and representing persons who are unable to have children by normal reproduction or who prefer to become parents through adoption. We will study statutory bases for terminating the status of birth parents and for selection and approval of adoptive parents. We will learn the legal consequences of adoption, obstacles to adoption that arise from state and national boundaries, and what occurs when an adoption is disrupted after the child has lived with the adoptive parents for some time. We will also devote some attention to the law governing the alternative to adoption that is presented by assisted reproduction.
	LAW 598 - Special Topics in Juvenile Law This seminar will consider various topics regarding juvenile law. The nature of the topics will change from term to term.
	LAW 599 - Topics in Disability Law Disability Human Rights: This mini-course will examine the current and future status of disability rights around the globe. Beginning with the first human rights treaty of the twenty-first century–the United Nations Convention on the Rights of Persons with Disabilities, whose negotiation the instructor particpated in–we will study how disability rights are conceived and developed around the world. In so doing, we will consider several countries where the instructor is advising governments on drafting or revising their laws (e.g., Vietnam), as well as conducting hands-on human rights training with disabled persons organizations (for example, Bangladesh). We also will look a few specific disabilities (such as Deafness) as a way of identifying themes that cross boundaries and cultures. Students are required to write a 12 page double spaced light research paper. All material will be distributed via MyLaw.
	LAW 599 - Tp in Disability: Human Rights Disability Human Rights: This mini-course will examine the current and future status of disability rights around the globe. Beginning with the first human rights treaty of the twenty-first century–the United Nations Convention on the Rights of Persons with Disabilities, whose negotiation the instructor particpated in–we will study how disability rights are conceived and developed around the world. In so doing, we will consider several countries where the instructor is advising governments on drafting or revising their laws (e.g., Vietnam), as well as conducting hands-on human rights training with disabled persons organizations (for example, Bangladesh). We also will look a few specific disabilities (such as Deafness) as a way of identifying themes that cross boundaries and cultures. Students are required to write a 12 page double spaced light research paper. All material will be distributed via MyLaw.
	LAW 602 - Sp Prob in Intl Law This seminar will consider various topics regarding international law. The nature of the topics will change from term to term.
	LAW 604 - Islamic Law Seminar This course will examine the historic roots of Islam and its significance as law and religion before surveying several representative systems of Islamic law. Satisfies the Writing Requirement. This course satisfies the writing requirement.
	LAW 606 - SP: P-C Justice & Rule of Law Special Problems in Post-Conflict Justice and the Rule of Law Seminar Throughout the post-conflict and developing world, Rule of Law teams work on creating and reforming legal systems, drafting new legislation, and introducing and strengthening the Rule of Law. Often they work in isolation and dangerous conditions without the benefit of assistance from law clerks or legal researchers. In this seminar, students will serve as long-distance law clerks to Rule of Law teams in post-conflict and developing . Working in teams of two, students will be assigned a legal problem currently confronting a development team in a post-conflict or developing country. Ideally, students will work in contact with the legal team in their assigned country. The final research memorandum will be turned into the field team for its use. Possible countries from which legal problems will be assigned: Afghanistan, Argentina, Azerbaijan, Cambodia, China, Kosovo, Libya, Sudan and Zimbabwe.
	LAW 607 - Gender and Human Rights Sem Gender and Human Rights Seminar This course studies and critically assesses the role of international human rights law in bringing about social change. The course uses gender, specifically the treatment and status of women, as a lens for exploring this issue. The course begins with theories on state behavior, which will provide a foundation for exploring the role of law in changing state practices. Topics to be explored will include international trafficking of women, gender and citizenship, womenÂ¿s political participation, the regulation of gender issues by customary law in plural legal systems, womenÂ¿s access to land, violence against women, and gender mainstreaming in national policy development. Through study of these specific topics, students will examine the potential and limits of law as a mechanism for bringing about particular substantive changes within a society or organization. This course will complement the existing international law courses that address human rights, such as Human Rights Law, International Trade Law, and Public International Law. The Human Rights Law course provides students with a foundation in the fundamental aspects of human rights law, which includes the sources of international law, United Nations human rights instruments, methods for enforcing human rights law, and non-governmental organizations that promote human rights enforcement. This seminar will provide in-depth coverage of the topics noted above. Preferred Course: Public International Law, Human Rights Law. Students can choose to have this course satisfy the writing requirement or not.
	LAW 611 - Sel Topics in Admiralty Law This seminar will consider various topics regarding admiralty law. The nature of the topics will change from term to term.
	LAW 613 - Law Presidential Pub Financing The Presidential Public Financing System: An Overview of the System and Options for Reform. The presidential public financing system is at an historic crossroads: With Barack Obama’s recent decision to turn down public funds for the general election, and become the first presidential candidate since Watergate to privately finance his election, many election law scholars and practitioners believe that the presidential public financing system is broken and beyond repair. However, both Senator Obama and Senator McCain have supported past proposals to overhaul and modernize the presidential public funding system, and there are increasing signs that Congress will seriously consider various overhaul proposals in 2009, which could take effect for the 2012 presidential election. This course will analyze the presidential public financing system, the regulations and restrictions that apply to candidates who accept public funds, and major court decisions that have addressed the constitutionality of public financing regimes. We will also study various legislative proposals to overhaul the presidential public funding system and will debate whether there should be a presidential public financing system at all in the 21st century. We will also discuss several proposals to extend public financing to congressional elections. The course will emphasize the unique blend of legal, constitutional, political, and public policy issues that influence contemporary debates about the future of the the presidential public financing system.
	LAW 613 - Presidential Pub Financing The Presidential Public Financing System: An Overview of the System and Options for Reform. The presidential public financing system is at an historic crossroads: With Barack Obama’s recent decision to turn down public funds for the general election, and become the first presidential candidate since Watergate to privately finance his election, many election law scholars and practitioners believe that the presidential public financing system is broken and beyond repair. However, both Senator Obama and Senator McCain have supported past proposals to overhaul and modernize the presidential public funding system, and there are increasing signs that Congress will seriously consider various overhaul proposals in 2009, which could take effect for the 2012 presidential election. This course will analyze the presidential public financing system, the regulations and restrictions that apply to candidates who accept public funds, and major court decisions that have addressed the constitutionality of public financing regimes. We will also study various legislative proposals to overhaul the presidential public funding system and will debate whether there should be a presidential public financing system at all in the 21st century. We will also discuss several proposals to extend public financing to congressional elections. The course will emphasize the unique blend of legal, constitutional, political, and public policy issues that influence contemporary debates about the future of the the presidential public financing system.
	LAW 613 - Presidential Public Financing The Presidential Public Financing System: An Overview of the System and Options for Reform. The presidential public financing system is at an historic crossroads: With Barack Obama’s recent decision to turn down public funds for the general election, and become the first presidential candidate since Watergate to privately finance his election, many election law scholars and practitioners believe that the presidential public financing system is broken and beyond repair. However, both Senator Obama and Senator McCain have supported past proposals to overhaul and modernize the presidential public funding system, and there are increasing signs that Congress will seriously consider various overhaul proposals in 2009, which could take effect for the 2012 presidential election. This course will analyze the presidential public financing system, the regulations and restrictions that apply to candidates who accept public funds, and major court decisions that have addressed the constitutionality of public financing regimes. We will also study various legislative proposals to overhaul the presidential public funding system and will debate whether there should be a presidential public financing system at all in the 21st century. We will also discuss several proposals to extend public financing to congressional elections. The course will emphasize the unique blend of legal, constitutional, political, and public policy issues that influence contemporary debates about the future of the the presidential public financing system.
	LAW 614 - Sel Topics in Election Law Electoral Reform-Developing Election Standards This course will provide students with the framework necessary to explore the current status and the development of electoral reform in a comparative setting of U.S. and international law. The course objective is two-fold; first, to foster a more thorough analysis of national and international election law, and second, to provoke student thought towards a better application of the underlying normative principles within the need for reform. Student participation is required.
	LAW 614 - Special Topics in Election Law Electoral Reform-Developing Election Standards This course will provide students with the framework necessary to explore the current status and the development of electoral reform in a comparative setting of U.S. and international law. The course objective is two-fold; first, to foster a more thorough analysis of national and international election law, and second, to provoke student thought towards a better application of the underlying normative principles within the need for reform. Student participation is required.
	LAW 619 - Supreme Court Seminar This course will look at the Court’s most recent term as well as the current term; this course will also provide students with an opportunity to meet leading advocates and commentators. There will be seven or eight class sessions over the course of the semester. Students will also attend parts of the annual Supreme Court Preview program, Friday, September 28 (around 4-7 pm) and Saturday, September 29 (lunch as well as morning or afternoon sessions). Over the course of the semester, students will discuss last term’s health care decision, discuss whether the Court is ideologically divided along Democratic/Republican lines, discuss the affirmative action issue now before the Court, and meet with (among others) Erwin Chemerinsky (Supreme Court advocate and academic commentator), Rick Hasen (election law scholar), and (tentatively) John Yoo (former Justiice Department official and academic commentator). Students earning one credit will write three short papers (each around 4 typed pages) about issues now before the Court; students earning two credits (with instructor permission) will write three short papers and one longer paper (around 10 pages).
	LAW 624 - Constitution Making This course concerns the theory and practice of constitution building, with particular reference to experience over the past 20 or 30 years. It will focus on four case studies–South Africa, Iraq, Kenya and Nepal–and through these examples, examine the full range of constitution building processes from their origins, through design choices, drafting, ratification, implementation and subsequent challenges to constitutionalism. Several questions about constitution making will run through the course including: Are there preconditions for successful constitutional making? How do underlying differences in constitutional arrangements in different countries affect the substance and process of constitution-making? What is the impact of the internationalisation on the making and amendment of constitutions? How can the tension between the roles of the people, elites and experts be managed? A short paper 10-13 pages in length is due two weeks, by email, following the completion of the class meetings.
	LAW 627 - Topics in Insurance Rgltn Since its inception, insurance has evolved from a purely private contractual arrangement to a highly regulated industry. This course will explore how legal and regulatory principles have changed to address this ever more complex industry. We will also explore the public policy underpinning the development of our complex insurance regulatory system. Specific topics covered will include the creation and growth of the regulatory process, the state versus federal debate over the regulation of insurance, the powers of state insurance commissioners (both legal and practical), and how the regulatory process imposes specific restrictions and requirements on certain areas of insurance and certain types of insurance products. We will also explore how public policy pressures are currently affecting insurance law and regulation (e.g., legal and legislative reactions to the insurance industry’s handling of major catastrophes, such as hurricane Katrina, the attempts by both the states and the federal government to create residual markets to cover losses which the private market is unwilling to take on, and the effect of the current health care reform debate on the health insurance landscape). In addition to the writing requirement, students will have an opportunity to participate in a debate on the comparative benefits of state and federal regulation of insurance and to select a cutting-edge topic for class discussion. This course satisfies the writing requirement.
	LAW 628 - Race & American Legal History Selected Topics in Race and American Legal History Seminar topics will vary from term to term but will focus on race as it relates to American legal history.
	LAW 629 - Sp Topics in Legal History This seminar will consider various topics regarding legal history. The nature of the topics will change from term to term. This is a one-credit graded course.
	LAW 630 - The Death Penalty The Death Penalty This course will explore the history, constitutional rules and implementation of the death penalty in the United States. We will examine the special requirements for a capital trial including the selection of a “death qualified” jury, use of aggravating and mitigating evidence in the punishment phase of the trial, and the right to effective counsel. Arguments by proponents and opponents of the death penalty will be discussed. Students will write a research paper on an instructor approved topic and present the results of their research in class. Students can choose to have this course satisfy the writing requirement or not.
	LAW 636 - Sp Topics in Judicial Admin This seminar will consider various topics regarding judicial administration. The nature of the topics will change from term to term.
	LAW 637 - Comparative Constitutional Law Constitutional Convergence: US, European and Commonwealth approaches to human rights law. The course examines similarities and differences in the constitutional adjudication of human rights controversies in selected jurisdictions. Through a series of case studies, the course seeks to illuminate two discrete fields: (a) the approach to judicial nullification of statutes (or, alternatively, reading them down or otherwise interpreting them in light of human rights, or declaring their inconsistency); (b) making the public-private distinction (attributing to acts of a non-state actor the character of “publicness” such that the actor bears the burden of observing rights); (c) rights horizontality (the extent to which private actors are controlled by constitutional norms in their dealings with each other); (d) pre-legislative means to prevent rights infringing laws being enacted. (2) Second, a comparative study of the substance of particulare rights. These rights will be– (a) freedom of expression, in the context of hate propaganda and offensive speech; (b) freedom of religion, in the context of (i) its interface with anti-discrimination law (ii) religious symbolism in the public sphere and (iii) the question of making exceptions from general law to facilitate free exercise; (c) liberty in the sense of personal autonomy. The comparative focus of the course is the jurisprudence of the US, Canada, the European Court of Human Rights, South Africa, Australia, NZ and certain Pacific states.
	LAW 638 - Statutory Interpretation This seminar is a scholarly exploration of the modern debate about how courts should (and do) interpret statutes. The course is not designed to be a comprehensive survey of thinking about statutory interpretation. Rather, the course is designed to introduce you to, and encourage you to think critically about, several of the major theories and themes that inform the modern debate (the virtues and vices of, for example, textualism, purposivism, legislative history, and the public choice theory of legislation). It is also designed to give each student an opportunity to sharpen his or her skills of critical analysis by writing critiques (and also defending) articles addressing issues of statutory consturction. Grades will be based on the short written critiques (less than 10 pages a piece) and classroom participation.
	LAW 639 - Antitrust & Mergers Prereq/Corequisite(s): Suggested prereq or co-req: LAW 411 - Antitrust Antitrust & Mergers Using recent real world examples, this course will examine the application of U.S. antitrust laws to evaluate the competitive effects of mergers. The relevant statutes covered will be the Sherman Act Section 1, the Clayton Act, the FTC Act, the Hart-Scott-Rodino Act and EU Title 81. The course will begin with an examination of these statutes and the two federal agencies jointly Merger Guidelines. It will then move to examine the relevant case law, FTC decisions and DOJ statements on product market definition, geographic market definition, competitive effects analysis, and the increasing importance of efficiencies in merger analysis. The course will end with an examination of the divergent views on merger analysis between the U.S. authorities and the EU. The course will deal with the antitrust laws of the United States, a topic covered by the law schools current course on antitrust. The proposed course, however, will focus on the application of antitrust laws to mergers and the merger review process conducted by the federal agencies and the EU.
	LAW 640 - Tax Plan for Small Businesses Tax Planning for Small Businesses This seminar will explore the issues presented in the planning of major transactions common to small business. The class will consider three or four problems that require synthesizing the sometimes competing rules drawn from different areas of the law including income taxation, state partnership and corporate law, securities law, trade law and foreign law. Students will prepare relevant documents and submit written analysis of problem areas.
	LAW 641 - Topics in Estate Planning Prerequisite(s): LAW 305 - Trust and Estates Selected Topics in Estate Planning and Elder Law Seminar This seminar will examine the issues involved in crafting comprehensive plans for the management of financial and medical affairs for diverse clients, and the practical application of principles covered in Trusts & to the analysis of client situations and the preparation of appropriate documents. Case studies will progress from basic planning considerations to the more complex issues issues involved in planning for blended families, minors, the disabled, and the elderly, including incapacity, long term care and Medicaid issues; the consequences of the failure to plan or poor planning; and alternate courses of action. Classes will include simulated client conferences, discussion of ethical issues, and practical exercises.
	LAW 642 - Law & Sexual Violence Seminar This seminar examines the criminal law’s response to sexual violence in three major contexts: rape and sexual assault generally; sexual violence in the family; and sexual attacks on children. In each of these legal contexts we will read, discuss, and analyze various theoretical approaches to the issues, emphasizing the contributions made by feminist theory to criticism and reform in the law governing sexual violence. We will then apply the theoretical literature to actual case law and doctrine in both the civilian and the military contexts. One goal will be to answer core questions about the nature of sexual violence and the possible solutions to it. For example, can we coherently speak of sexual violence as one thing, as one social problem/pathology which is best analyzed using a single theoretical approach (and if so, which theoretical approach would be best?). Or does sexual violence have such different causes, and produce such differing effects across the legal spectrum, that we should view it as several quite distinct problems which are best analyzed from a context-drive, as opposed to universal point of view (and if so, what context(s) matter and what approaches would best be applied in each relevant context?). This will be a two-credit seminar which will meet once weekly. Major components of the course grade will be preparation, attendance, class participation, and a class presentation by each student. The course materials will be distributed via coursepak and Blackboard, and will be drawn from cases, statutes, empirical and theoretical literature in psychology, and legal theory.
	LAW 644 - Taxation Mergers Acquisitions Prerequisite(s): LAW 438 - Corporate Taxation Selected Problems in the Taxation of Mergers & Acquisitions This advanced course focuses primarily on corporate transactions and by using a series of examples, this course will explore different ways to structure both nontaxable and taxable combinations of business entities considering the tax goals and consequences of such transactions, and the role of the tax lawyer in representing a party to a business combination.
	LAW 645 - Foundations of the Common Law This seminar will study the foundations of the common law, with a special emphasis on the law of torts and the law of contracts. We will examine both the historical foundations of the common law (How did we get this law?) and its normative foundations (Is this law justified?). Readings for the class will include a mixture of cases, historical materials, and classic and contemporary articles on tort and contract law. We will examine normative arguments based on both economics and moral philosophy. Each student will produce a final paper, and the grade will be based on the paper and class participation. At some point during the semester, refreshments will be served. Students can choose to have this course satisfy the writing requirement or not.
	LAW 645 - Special Topics in Contract Law This seminar will study the foundations of the common law, with a special emphasis on the law of torts and the law of contracts. We will examine both the historical foundations of the common law (How did we get this law?) and its normative foundations (Is this law justified?). Readings for the class will include a mixture of cases, historical materials, and classic and contemporary articles on tort and contract law. We will examine normative arguments based on both economics and moral philosophy. Each student will produce a final paper, and the grade will be based on the paper and class participation. At some point during the semester, refreshments will be served. Students can choose to have this course satisfy the writing requirement or not.
	LAW 646 - The New Feudalism This short course will survey a number of long-term legal developments to argue that, despite modernist trappings, developed economies paradoxically are evolving in the direction of feudalism. We will begin with the disappearance of the Rule Against Perpetuities, which has enabled wealthy citizens (the new nobility) to maintain dynastic trusts over arbitrarily long horizons. We will then examine laws facilitating the creation of gated communities (modern castles) that enable the wealthy to live at greater separation from the rest of society (the new serfs). Other legal changes along with economic fundamentals have created a growing gap in wealth between the new nobility and the new serfs, making society more class-like, along with declines in social mobility and the aforementioned dynastic trusts. Finally, we will study legal rules that have fostered the growing influence of money in politics, and how it enables the new nobles to have inordinate influence in government, just as they had as attendees at the royal court in medieval times. We will assess the extent to which we may be well into the process of creating an upper caste that will have immobile wealth, high income, and influence on government that could last for centuries, like the barons and lords of feudal Europe.
	LAW 647 - Legl Drafting: Transactional This seminar provides students an opportunity to draft agreements often used in representing business entities in a transactional legal practice. Students will analyze hypothetical and actual case studies to explore basic concepts of drafting in a business situation from a practical viewpoint. The class will examine how law, language and business factors interact in drafting. Assignments may include: 1) Partnership Agreements and Operating Agreements for Limited Liability Companies, 2) Certificates of Incorporation and Corporate Resolutions, 3) Executive Employment Agreements, 4) Term sheets and Letters of Intent, 5) Asset Acquisition Agreements, 6) Share Acquisition Agreements, 7) Licensing Agreements.
	LAW 648 - Congress & the Courts This course will survey the various attacks on the federal judiciary, including the Court-packing plan, efforts to restrict federal jurisdiction, and recent attempts to limit judicial oversight of the government’s conduct in the “war on terror.” Those events will be contrasted with congressional efforts to empower the judiciary by expanding federal jurisdiction and increasing the number of judges. The course will draw on both legal and political science literature in examining these developments. Students can choose to have this course satisfy the writing requirement or not.
	LAW 649 - Sp Topics in Special Ed Law This one week mini-course features national and regional experts teaching the following topics: special education case law, legislation, and regulations; utilizing evaluations, tests and measurements in determining eligibility in special education, and in the preparation of Individualized Education Programs and Section 504 Plans; issues of juvenile justice, behavior and discipline for students with disabilities; strategies for negotiating with schools and working with parents; dispute resolution procedures in special education; preparing legal claims and remedies on behalf of students with disabilities who are denied an appropriate education; and creating systemic change in the system. Students will attend more than 25 hours of instruction with fellow attorneys, law students, and experienced advocates interested in learning how to represent children and families in special education. Preparation for and participation in all sessions is required, as well as a paper of no less than ten double-spaced pages on a mutually agreeable topic, due to Professor Roberts by August 10th. This is a two-credit graded course. Further scheduling details can be found on the PELE Clinic website.
	LAW 651 - Role of Legl Hist in Supr Ct This course examines the increasingly prominent role legal history plays in modern U.S. Supreme Court opinions. The class will survey recent cases decided primarily with historical reasoning, examine the cited historical sources directly, and consider academic praise and criticism of the judicial invocation of legal history all toward the goal of equipping students to confidently incorporate historical argument into their legal thinking as well as their future advocacy. Students can choose to have this course satisfy the writing requirement or not.
	LAW 654 - Justice Brennan: Liberal Champ From 1956 to 1990, Justice William Brennan was considered the leader of the Court’s liberal wing (both as the architect of many Warren Court rulings and as the principal foil to Chief Justice William Rehnquist at the end of his tenure). This mini-course will examine Brennan and his legacy. It is being taught by Stephen Wermiel, Brennan’s official biographer and co-author of Justice Brennan: Liberal Champion. Students will read this book as well as some of Justice Brennan’s papers. Students will write a short paper at the end of this mini-course.
	LAW 656 - Advanced Election Law 2 This course will examine advanced topics in election law taught by a leading practitioner in the field. This course will teach students how election attorneys approach litigating and representing clients in day-to-day election law practice. Students in this course will be required to read a series of full, un-edited cases for each of the topics covered. Specific subjects will include state versus federal powers in elections; individual rights versus state rights in elections; equal protection/due process claims since Bush v. Gore; photo ID controversies; regulation of money in elections; and disclosure/privacy in elections. Students will be expected to have taken LAW 398 - Election Law as a prerequisite for the Advanced Election Law course. However, students with election law experience may be allowed to register with instructor approval. Grades will be determined on the basis of class participation (10%) and a 20-25 page final paper (90%).
	LAW 660 - Patent Appeals & Interferences Patent Appeals and Interferences The course will cover ex parte and inter partes appeals to the Board of Patent Appeals and Interferences (BPAI). Matters considered will include jurisdictional requirements for appeal, as well as practical considerations bearing on the decision to appeal or continue prosecution before the patent examiner. Briefs and oral arguments before the BPAI and review of BPAI decisions in the courts will be addressed. The fundamentals of interference law and procedure before the BPAI will be explored. Interference concepts covered will include: conception; reduction to practice; diligence; “the standing order”; interference counts; motion practice; discovery; the first and second “final” hearings; and review in the courts. Patent reissue, patent reexamination, and proposals for post grant cancellation will also be discussed.
	LAW 661 - Privacy Technological Age Sem New technologies are changing the ways information is gathered, used, shared and disseminated. This course will review the laws that have emerged in response to these developments and cases that have attempted to apply them. Particular emphasis will be given to (1) the historical roots of privacy law in the United States and elsewhere; (2) the balance between the individual’s right to protect and control personal information and the corresponding duty placed on public and private entities possessing such information; and (3) the shifting balance of these rights and duties in rapidly changing technological contexts. The course will examine these issues in a variety of settings (in the workplace, court record rooms, doctors’ offices, police databases, etc), and across legal disciplines (tort law, criminal law, constitutional law, etc.). Finally, the course will examine the shortcomings of legal solutions in protecting privacy and emerging technological alternatives some think are better. Grades will be determined by class participation and a final paper.
	LAW 662 - Media, Technology & the Courts Few people head to the courthouse to watch trials anymore. As a result, the media’s relationship with courts increasingly defines how the public learns about the law. This course will investigate the interaction between the media and the courts with particular emphasis on the impact of technology. In addition to coverning the basic legal concepts governing media coverage of courts (prior restraints, libel, privacy, and so forth), this course will examine more foundational questions of the nature of the public interest in courts, whether lawyers and judges ought to be more involved in public education about courts. In addition, the course will explore whether courts and the media are effectively harnessing new technologies to educate the public about the business of courts. Ought privacy or other concerns curtail the use of such technology? Students in the class will gain a foundation in media law and a sophisticated sense of the broader questions of public education about law.
	LAW 663 - Special Topics in Sports Law This seminar will consider various topics regarding sports law. The nature of the topics will change from term to term
	LAW 664 - Attr & Authen Intel Prop Law This seminar is designed to explore two issues-attribution and authenticity-that lurk in at least two separate regimes of intellectual property law–copyright and trademark. By preserving a system of indicators of the sources of goods and services, trademark law both reduces consumers’ search costs in the marketplace and, relatedly, encourages producers to maintain consistent quality in the goods or services associated with a particular trademark.These interests are no less important in areas that are traditionally the province of copyright law: books, music, painting, and film, to take just a few examples. For these creative pursuits, source identification serves not only a reader’s, viewer’s, or listener’s interest in selection but also the author’s or artist’s interest in attribution. But neither trademark law nor copyright law addresses particularly well these needs and desires for attribution and authenticity. This course will consider the related problems of attribution and authenticity from the perspective of both trademark law and copyright law as well as consider whether extralegal norms and traditions do a better job of addressing the needs of authors and audiences. Students will be required to participate in class discussions and submit a 10-20 page paper related to the topic of the course.
	LAW 665 - Cyber Crime 2 This seminar will examine key legal and policy issues arising from the ever-expanding field of cyber crime law. The course will examine these issues from both theoretical and practical perspectives. An important goal of the course is to prepare students for a legal career that will require facility with digital evidence. The successful student should finish the course with the ability to recognize the ways in which cyber crime affects governments, businesses, and individuals, while developing comfort with digital evidence and how it will be used in and out of the courtroom.
	LAW 670 - Cultural Property Law Cultural Property Law: Looted Artifacts and Stolen Heritage Interpol has estimated that stolen art and antiquities is the third largest illegal market, behind drugs and the arms trade. This two credit seminar will examine the legal framework for the protection of cultural property both internationally and in the United States, with emphasis given to the illicit international trade in art and antiquities and the repatriation of cultural objects. The course will examine classic controversies, such as the rightful ownership of the Elgin Marbles, while likewise considering more recent events such as the looting of museums in Iraq. The seminar will also survey American cultural property protections and examine their broader ethical and policy implications.
	LAW 671 - Topics: Disability & Bioethics This seminar will consider various topics regarding disability and bioethics. The nature of the topics will change from term to term. This is a one-credit, graded course that may be taken up to two times. Students are required to participate in classroom discussion and produce a short paper.
	LAW 680 - Topics in Employment Law Selected Topics in Employment Law Seminar This seminar will focus on issues in the contemporary workplace. Among the topics to be examined will be sexual harassment and gender discrimination, office dating policies and other gender-related privacy issues, pay equity issues, workplace sexual stereotyping, and gender-specific employment. The course’s orientation will be more practical than theoretical, with an emphasis on real-world fact patterns and challenges viewed from the problem-solving perspective of a working employment law attorney.
	LAW 681 - Sp Topics in Bankruptcy Law Prerequisite(s): Bankruptcy Law is a prerequisite. A paper will be required. Bankruptcy & Bailout This seminar will examine the 2008-2009 financial crisis through the lens of bankruptcy law and policy, focusing on the auto bailouts and the new regulatory response to the problem of insolvent banks that are “too big to fail.”
	LAW 701 - Legal Writing for LLMs I This course is designed for graduate law students whose native language is not English. The course will provide essential grammar, vocabulary, sentence structore, and essay writing skills necessary for legal memoranda, law school and bar examination essay questions and basic written legal communcation.
	LAW 702 - Legal Writing for LLMs II This course is designed for graduate law students whose native language is not English. The course will provide essential grammar, vocabulary, sentence structure, and essay writing skills necessary for legal memoranda, law school and bar examination essay equestions and basic written legal communcation.
	LAW 703 - Directed Reading An examination of a specialized subject that generally is not offered as a course within our curriculum on a regular basis. This course is arranged between an individual student or group of students (maximum, 5) through readings selected in agreement by the directing faculty member and students. Prior approval by the Associate Dean for Academic Affairs is required. Students are limited to one Directed Reading credit per year. Graded on a pass/fail basis.
	LAW 703T - Directed Reading-CLCT Summer An examination of a specialized subject that generally is not offered as a course within our curriculum on a regular basis. This course is arranged between an individual student or group of students (maximum, 5) through readings selected in agreement by the directing faculty member and students. Prior approval by the Vice Dean is required. Students are limited to one Directed Reading credit per year.
	LAW 704 - ILR Moot Court This course requires the completion of a scholarly paper on a subject selected by the student, under the supervision of a faculty member. Does not satisfy the writing requirement. For Law 704-02 or 03, please see term description.
	LAW 704 - ILR Moot Court This course requires the completion of a scholarly paper on a subject selected by the student, under the supervision of a faculty member. Does not satisfy the writing requirement. For Law 704-02 or 03, please see term description.
	LAW 704 - Ind Legal Research This course requires the completion of a scholarly paper on a subject selected by the student, under the supervision of a faculty member. Does not satisfy the writing requirement. For Law 704-02 or 03, please see term description.
	LAW 704T - Ind Legal Research-CLCT Summer This course requires the completion of a scholarly paper on a subject selected by the student, under the supervision of the course faculty member. Does not satisfy the Writing Requirement.
	LAW 705 - Ind Legal Writing This course requires the completion of a significant research paper on a topic selected by the student, under the supervision of a faculty member. Students may enroll in this course for credit no more than twice and this course satisfies the writing requirement. An important goal of the major paper requirement is to improve students’wrirting skills. Faculty supervisors should communicate this goal to students at the beginning of the process and reinforce it throughout the paper-writing process, especially after submission of the first draft. Papers that satisfy the major paper requirement should evolve through four major stages, each of which should occur in consultation with the supervising faculty member: 1. Topic Development: The student should produce a succinct, coherent topic statement that sets out the thesis of the proposed paper. 2. Outline: The student should produce a reasonably comprehensive outline of the paper, including a statement of the basic steps in the argument, the major sources used, and a tentative conclusion or a comparable writing. 3. First Draft: The student should produce a first draft of the paper in time for the supervising faculty member to make comments and for the student to respond to those comments in the form of a second draft. Normally, the first draft should be submitted to the supervising faculty member by the end of the 10th week of classes. 4. Final Draft: The student should turn in the final draft of the paper by noon on the last day of exams for the semester, or as otherwise designated by the professor. This course satisfies the writing requirement.
	LAW 705T - Ind Legal Writing-CLCT Summer The course requires the completion of a significant research paper on a topic selected by the student, under the supervision of the course faculty member. Students may enroll in the course for credit no more than twice and this course satisfies the Writing Requirement.
	LAW 707 - Law and Politics Law & Politics is a series of presentations by leading academics, practitioners, and government officials about a range of issues related to the intersection of law and politics. Students are required to attend at least seven presentations over the course of the semester. At present, there are eight scheduled presentations (seven on Thursday afternoons and one on Monday, April 1). Some presentations require students to read papers and write short 3-page pass/fail response memos (4 over the course of the semester); other presentations have no formal paper component (there will be background reading for some but not all of these sessions). Law student enrollment is capped at 20; there will also be 10 government students and some law school faculty in attendance at each session. The tentative schedule for spring 2013 speakers are January 24-Stanley Fish (Florida International and New York Times opinionator columnist; formerly at Yale, Columbia, Duke); February 7-David Cole (Georgetown Law; columnist for Nation and New York Review of book; Supreme Court advocate); February 14-Walter Dellinger (O’Melveny & Myers; former Duke law professor, former head of Office of Legal Counsel & Acting Solicitor General; Supreme Court advocate); February 21-Heather Gerken (Yale Law School); March 21-Daryl Levinson (NYU Law); April 1-Mike Klarman (Harvard Law); April 4-Rob McDowell (Commissioner, Federal Communications Commission); April 18-John Green (University of Akron Political Science). John Yoo (Berkeley Law and former Deputy Assistant Attorney General for the Office of Legal Counsel) may also be added to the schedule.
	LAW 709 - Constitutional Literacy The class explores the U.S. Constitution’s application to public campuses and prepares law students to teach local high school students about civics through discussion of the U.S. Constitution and the Bill of Rights. The class constitutes the William & Mary Chapter of the Marshall-Brennan Constitutional Literacy Project; therefore, law students are Marshall-Brennan Fellows. The class meets twice a week; it meets once at the law school and once at the Sir Christopher Wren Building. During the law school class, the Marshall-Brennan Fellows will be required to take a stance on constitutional issues as applied to public campuses, speak and think on their feet, attempt to reconcile competing interests, and prepare to teach the weekly class at the Wren Building. During the class at the Wren Building, the Marshall-Brennan Fellows will afford high school students the tools they need to be engaged participants in our republican form of government, thus honoring William & Mary’s rich tradition of training aspiring lawyers to be “public citizens”. Grading for this course will be on a pass-fail basis. Enrollment is limited to 12 students.
	LAW 710 - Dunn Civil Liberties Workshop This workshop will provide law students an opportunity to hear from leading academics, practitioners, and government officials about civil liberties issues. There will be six sessions over the course of the semester, roughly one every other week. The focus of the 2011-12 academic year workshop will be law and religion. Students will need to attend all sessions and write 5 two to three page pass-fail memos about materials (sometimes draft articles, sometimes briefs, sometimes agency regulations and related commentary). Speakers for this workshop include academics Rick Garnett (Notre Dame Law) Steve Teles (Johns Hopkins), and Chip Lupu (George Washington Law); government officials Chai Feldblum (EEOC Commissioner, on leave from Georgetown Law); and academic practitioners Doug Laycock (UVA Law; Marci Hamilton, Cardozo Law–each of whom has argued before the U.S. Supreme Court). Workshop dates are January 19, January 26, February 2, February 16, March 1, March 22, April 19). Limited to 25 law students.
	LAW 711 - Legal Spanish 1 This course that will give students an opportunity to use Spanish language skills in a legal context. This class will begin with a grammar review and an introduction to basic legal vocabulary in Spanish. Each class will then concentrate on one substantive area (i.e., Family Law, Immigration Law, Criminal Law and Business/Employment Law). Students will learn and be able to use in an oral and written context vocabulary related to each area. Oral exercises including discussion and role play will help students to further develop listening and speaking skills. Literature and films appropriate to the topics will be used to stimulate discussion related to the legal issues involved and the realities of Spanish speaking citizens in the U.S. The course will meet once a week for 50 minutes. Materials will include THE ABA LEGAL SPANISH PHRASEBOOK, AL TANTO: CATORCE CUENTOS CONTEMPORANEOS, CINEMA FOR SPANISH CONVERSATION, and various legal documents in the target language. This will be a pass/fail course. Students will be evaluated through vocabulary quizzes, performance on oral role playing exercises, and a final group project or written/oral examination TBD. Students should have intermediate or advanced proficiency in spoken and written Spanish.
	LAW 713 - State Supreme Court Bloginar This unique course is part of a new IBRL project called the State Supreme Court Initiative which aims to create a blog about an important source of law in this country that receives scant media coverage: our state supreme courts. In effect, the project seeks to establish a ‘SCOTUSBlog for the states.” The first component of the course is classroom-based. This course will meet once a week for 70 minutes. For the first three weeks, Professors Devins and Green will lecture on media law and topics related to the structure and output of state supreme courts. The course will also feature guest speakers from the National Center for State Courts and elsewhere. Subsequent meetings will consist of students presenting their work and discussing worthy cases to cover emanating from state supreme courts. The second component of the course is blogging. Students will be assigned specific states and topics (death penalty, elections, and so forth). Students will prepare 10 memos on assigned state supreme court outcomes. Each memo will contain considered legal analysis. Students will turn in a preliminary draft for comments. A final version will be posted on the State Supreme Court Initiative Blog. Each memo must be 800 words (minimum). The grade for this course will be determined on the basis of the quality of memos submitted. Materials: Materials will be distributed in the form of weekly handouts. Materials will consist of law review and political science literature about state supreme courts and cases/law review articles on medial law topics. Registration: This course is limited to 10 students. Students must apply before they will be allowed to register. To apply, students should submit (1) a short writing sample; (2) a resume; (3) a transcript; and (4) a paragraph about why they are interested in taking the course.
	LAW 716 - Power & Influence This is a course about learning to use power and influence as effective tools for both understanding your surroundings and achieving your goals. It is a course about getting things done in the real world, where politics and personalities can often seem to hinder rather than help you. It is a course for those of you who want to make things happen, despite the obstacles that might stand in your way. Consequently, it is a course about you. Course Objectives: This course presents conceptual models, tactical approaches and self-assessment tools to help you understand political dynamics as they unfold around you and develop your influence style. By focusing on specific expressions of power and influence this course gives you the opportunity to observe their effective and ineffective uses in different contexts and stages of a person’s career. The subject matter will introduce different ethical questions. This course should challenge you to define what will constitute the ethical exercise of power and influence in your life. In this course we will rely on a mix of case studies, exercises, self-assessment tools and readings. Your grade will be based 50% on class participation and 50% on the final paper.
	LAW 719 - Adv Fam Law Advocacy Advanced Family Law Advocacy This course will introduce students, in the context of Virginia substantive and procedural law, to the major practice areas typically encountered in a family practice: child abuse and neglect; domestic violence; child custody and support; and divorce. Through readings, class discussion, and simulated exercises, it explores concepts of client-centeredness and the development of case theory. Students will practice and develop necessary lawyering skills that include client interviewing, client counseling, negotiating, and litigation skills (pretrial practice, pleadings/motions drafting, and trial advocacy skills).
	LAW 720 - Trial Advocacy Trial Advocacy - Basic Advanced Litigation An advanced litigation course intended for those students who have a substantial interest in litigation. The course is designed to develop the student’s skills as a trial lawyer for both civil and criminal cases. Trial Advocacy will deal with trial strategy, jury selection, opening statements, presentation of evidence, including the examination of witnesses, closing arguments, and preparation of jury instructions. Evidence presentation and related technologies will be fully integrated into all aspects of the course. A trial will be required. Students who take Trial Advocacy-Basic Advanced Litigation may not take any other Trial Advocacy section (Tech Trial Ad or National Trial Team Trial Ad) for credit. Pre-requisite: satisfactory completion of Legal Skills I, II, III, IV, Ethics and Evidence. Open to third-year students only. For Trial Advocacy: Technology Augmented–see term description.
	LAW 720 - Trial Advocacy: Tech Augmented Trial Advocacy - Basic Advanced Litigation An advanced litigation course intended for those students who have a substantial interest in litigation. The course is designed to develop the student’s skills as a trial lawyer for both civil and criminal cases. Trial Advocacy will deal with trial strategy, jury selection, opening statements, presentation of evidence, including the examination of witnesses, closing arguments, and preparation of jury instructions. Evidence presentation and related technologies will be fully integrated into all aspects of the course. A trial will be required. Students who take Trial Advocacy-Basic Advanced Litigation may not take any other Trial Advocacy section (Tech Trial Ad or National Trial Team Trial Ad) for credit. Pre-requisite: satisfactory completion of Legal Skills I, II, III, IV, Ethics and Evidence. Open to third-year students only. For Trial Advocacy: Technology Augmented–see term description.
	LAW 721 - Alternative Dispute Resolution This course will explore the various processes of Alternative Dispute Resolution (ADR) available to attorneys and their clients, with particular focus on negotiation, mediation, arbitration, and court and agency-annexed ADR. The role of the lawyer in counseling a client and recommending a specific ADR process will be examined, as will the role of technology in ADR (including online ADR), and the ethical issues that surround a lawyer’s participation in ADR processes. Skills in communication and ADR processes will be developed through role play and simulation exercises, both in and out of class, throughout the semester, with learning reinforced through a reflective journal.
	LAW 722 - General Mediation This course is designed for students who are interested in learning how to effectively incorporate mediation theory into practice. Through lecture, discussion, video simulations, exercises and role-plays, you will learn the techniques underlying all phases of the facilitative mediation model of mediation including: convening and preparing for mediation, opening the mediation session, defining the issues, facilitating communication and interest-based negotiation, creative problem-solving, and reaching settlement or closure. Particular emphasis will be placed on skills essential to effective mediation, such as active listening, formulating questions, reframing, developing rapport, using language effectively, and non-verbal communication. In addition, we will examine legal, ethical and policy issues that arise in the mediation contest. This is a 3 credit, graded course.
	LAW 722 - Resolving Civil Disputes This course is designed for students who are interested in learning how to effectively incorporate mediation theory into practice. Through lecture, discussion, video simulations, exercises and role-plays, you will learn the techniques underlying all phases of the facilitative mediation model of mediation including: convening and preparing for mediation, opening the mediation session, defining the issues, facilitating communication and interest-based negotiation, creative problem-solving, and reaching settlement or closure. Particular emphasis will be placed on skills essential to effective mediation, such as active listening, formulating questions, reframing, developing rapport, using language effectively, and non-verbal communication. In addition, we will examine legal, ethical and policy issues that arise in the mediation contest. This is a 3 credit, graded course.
	LAW 723 - Dvrce Med & Fam Dispute Res Since most states routinely refer contested family-related cases to mediaton or other forms of Alternative Dispute Resolution (“ADR”), any student who intends to practice family law should possess a practical understanding of the family dispute resolution process, a problem-solving approach to resolving disputes, where the parties to the dispute, with assistance of an impartial mediator, are in charge of the resolution. The course is designed as an advanced legal skills course with the emphasis on mediation skills and techniques. Through demonstrations, role plays, videotapes, coaching, class discussions, presentations, readings and written assignments, you will be provided with a comprehensive summary of family mediation theories and practices, including the nature of family conflicts and how families fight and will learn about the theory of mediation and its practice from the perspective of a mediator, a party, and an attorney representing clients in mediation. The course is open to 3Ls who have taken General Mediation or other students by instructor permission.
	LAW 723 - Family Dispute Resolution Since most states routinely refer contested family-related cases to mediaton or other forms of Alternative Dispute Resolution (“ADR”), any student who intends to practice family law should possess a practical understanding of the family dispute resolution process, a problem-solving approach to resolving disputes, where the parties to the dispute, with assistance of an impartial mediator, are in charge of the resolution. The course is designed as an advanced legal skills course with the emphasis on mediation skills and techniques. Through demonstrations, role plays, videotapes, coaching, class discussions, presentations, readings and written assignments, you will be provided with a comprehensive summary of family mediation theories and practices, including the nature of family conflicts and how families fight and will learn about the theory of mediation and its practice from the perspective of a mediator, a party, and an attorney representing clients in mediation. The course is open to 3Ls who have taken General Mediation or other students by instructor permission.
	LAW 724 - Negotiation & Stlmt Advocacy The course provides an introduction to the theory, process, and practice of negotiation as an element of, and an alternative to, litigation. We will examine the basic stage of a negotiation, the major tensions at play in negotiation, distributive bargaining and problem-solving negotiating techniques, power dynamics, and negotiation ethics. The class is designed to help students develop negotiating skills (and develop a framework for ongoing self-learning) through negotiation role-playing simulations, group discussion, and regular journal and short writing exercises. Grades will be based approximately 50% on the quality of student’s classroom contributions in discussion and simulations and 50% on the class writing assignments, culminating in a final journal project. Please note that attendance for the course is mandatory, because one student’s absence frustrates not only that student’s opportunity to learn but also the learning opportunities of students matched with him or her in that day’s rol-play exercise. If you cannot attend every class session, including the mandatory first class, you should not enroll in the course.
	LAW 725 - Mediation Advocacy Mediation Advocacy This course introduces the mediation process from the advocate?s perspective and then provides an opportunity to practice those skills necessary to become effective advocates in this process. The advocacy skills students will practice include listening, summarizing, reframing and negotiation skills as well as preparation of opening statements in mediation. Classes will consist of lectures by the instructor as well as experts in the field, demonstrations of advocacy skills, and participation by students in role plays supervised by the instructor and attorney mediators. The course will require readings from the text and supplemental materials, class attendance, participation in discussion and role plays, a paper and written work predicated on the lecture and role plays. There will be one Saturday or extended class which will be required attendance for everyone. Class participation and attendance will count for 50% of the final grade and a paper will count for the remainging 50%.
	LAW 726 - Advanced Research I Advanced Research Techniques I is a 1-credit course that introduces students to a variety of print and electronic research sources over a four-week period. Students may attend four 2-hour presentations over a two week period, and must complete four research assignments. Students may enroll in ART I or ART II or both. ART I is not a prerequisite for ART II. Advanced Research Techniques I develops skills in researching secondary and primary sources in U.S. Law. Students will learn how to efficiently research treatises and journals, proposed and enacted legislation, agency regulations and documents, legislative and administrative history, and court and agency decisions. Both subscription legal databases and free topical websites are emphasized.
	LAW 727 - Advanced Research II Advanced Research II is a 1-credit course that introduces students to a variety of foreign and international law research sources and methods over four class sessions. Students will learn how to efficiently research secondary and business information, treaties and other international agreements, foreign and European Union law, and United Nations documents. Classes are conducted over a two-week period, and students complete four research assignments. Students may enroll in either ART I or ART II or both. ART I is not a prerequisite for ART II. This course is pass/fail.
	LAW 730 - Advanced Brief Writing This course is designed to enhance the student’s brief writing skills in preparation for writing Moot Court tournament briefs. Moot Court team members are required to enroll during their spring, second-year semester. This course is available only to Moot Court team members.
	LAW 731 - Trial Strategy & Persuasion Prerequisite(s): LAW 309 - Evidence and LAW 720 - Trial Advocacy . Course is strongly suggested for Trial Team members. Trial Strategy and Persuasion This is an advanced trial advocacy course designed to hone learned skills of trying cases. Through lecture and simulation, the course will provide techniques for both prosecution and defense in civil and criminal cases. Students will role play during most class periods. Course will be graded on skills learned and class participation.
	LAW 732 - Objections Prerequisite(s): LAW 720 - Trial Advocacy or LAW 114 - Legal Skills IV . Objections This course will focus on making and meeting objections during trial. What is a leading question, compound question, irrelevant question? The course will explain when to object to an improper qeustion and how to rephrase a question in the “heat of battle.” The course will cover evidence, civil procedure and hearsay. Framing proper questions and detecting improper ones is an art form filled with nuances and quick wit. The course will train you to think on your feet and learn the basic rules of trial evidence. Priority registration given to Trial Team members.
	LAW 733 - Discovery Prerequisite(s): LAW 720 - Trial Advocacy or LAW 114 - Legal Skills IV . Discovery Students taking this course will be taught how to learn about the opposing counsel’s case; what interrogatories to file; what “request for productions” to file; how to use “request for admission;” when to object to opposing counsel’s tactics; where to look for facts and theories. The course will address state and federal court rules of pretrial procedure and how to use the rules and available procedure to your client’s best advantage. Priority registration given to Trial Team members.
	LAW 734 - Depositions Prerequisite(s): LAW 720 - Trial Advocacy or LAW 114 - Legal Skills IV . Depositions This course will address how to take effective pretrial depositions. Students will learn to identify what is needed to know for the case and then how to elicit the information from the witness that will be useful for pretrial motions, cross examination and examination. Most trial lawyers spend much time taking pretrial depositions, this course will teach effective methods of doing so. Priority registration given to Trial Team members.
	LAW 735 - ADR Practice 1 This class is a pass/fail course whose enrollment is limited to ADR team members. The course will assume a basic level of familiarity with major ADR disciplines, and will focus on dealing with the intricacies of each discipline, particularly the problematic scenarios that often arise in tournaments and in real world practice. For example, a class session might focus on techniques for dealing with deadlocks in negotiations, handling a hostile party in mediation, or drafting a brief for an arbitration hearing. Though students will be expected to read regular assignments and the class will feature some lecture and discussion pertient to particular facets of the weekly topic, the course will have a heavy practice focus including various in-class exercises and roleplay scenarios giving students a chance to practice their techniques. At the end of each unit, each student will participate in a full simulation round of each kind of ADR discipline, and will be given feedback by peers, the instructor, and volunteer practitioners recruited by the instructor. Grading will be based on class participation, performance in roleplays, in-class exercises and a brief writing assignment.
	LAW 736 - Advanced Trial Techniques Prerequisite(s): LAW 720 - Trial Advocacy The course will primarily address trial tactics including opening statements, closing arguments, and direct and cross-examination of witnesses. The course would also address other trial skills such as depositions, other forms of pre-trial discovery and evidentiary objections. Class participation is required. This is a pass/fail course.
	LAW 741 - VA Coastal Policy Clinic The Virginia Coastal Policy Clinic (VCPC) will work in partnership with William & Mary’s Virginia Institute of Marine Science (VIMS) to integrate the latest science with legal and policy analysis to propose solutions to coastal resource management issues. Students in VCPC will learn the challenges currently facing Virginia’s coastal regions, and will, after appropriate legal and policy analysis, educate the Virginia policymaking, non-profit, legal, business, and military communities and, when appropriate, propose adaptive strategies for localities. As a result of the interdisciplinary partnership between the law school and VIMS, VCPC’s analysis and resultant recommendations with the foundational support of VIMS scientific data, will provide the most informed recommendations for Virginia coastal management currently available. VCPC students will address a variety of coastal resource management issues affecting Virginia, some of which are likely to include sea level rise, aquaculture, living shorelines, Bay-wide TMDL implementation, and public/private right disputes. In addition to research and writing related to these issues, and legal and policy analysis and resultant recommendations, students in VCPC will be responsibile for exploring scientific data with VIMS, interviewing members of constituences impacted by the issues, and preparing for and presenting education and outreach sessions for such constituences, for instance in conferences or town hall settings. Local ordinance or legislative drafting may also be necessary, as well as the drafting of white papers focused on coastal management and adaptive strategies. Enrollment is limited to 8 students; 2Ls and 3Ls may register.
	LAW 743 - Federal Tax Clinic This clinic consists of two components: a seminar about federal tax practice and procedure and a practicum in which students will assist in the representation of low income Virginia taxpayers before the IRS and in U.S. Tax Court cases. The seminar will include a detailed and systematic exploration of federal tax practice. Students will be instructed in: interview techniques, client relations, case evaluation, settlement, negotiation, and trial techniques and strategies. Ethical issues will be discussed. The course is limited to third-year students. Third-Year Practice is required.
	LAW 745 - Domestic Violence Clinic This clinic provides practical experience in and examination of domestic violence, its impact on victims and families, and the applicable law. Students will learn the effects of domestic violence and, under supervision, learn to interview, provide advice and counsel to, and provide court representation of clients in domestic abuse cases, when available. In addition to meetings with the managing attorney, there is a one and a half hour classroom meeting per week, or a brief research/ writing assignment. Class meetings will focus both on current practice experiences of the students and readings and discussions of domestic violence law. Third-Year practice required. Enrollment limited to six students.
	LAW 746 - Legal Aid Clinic Students work in the Williamsburg office of the Legal Aid Society of Eastern Virginia under the supervision of an attorney, providing legal services to indigent people in a variety of civil matters, including domestic relations, consumer law, debt collection defense, landlord-tenant law, public benefits, and other issues. The legal work done by the students provides the basis for an exploration of the profession and court system and includes client interviewing, research and investigation, drafting of correspondence and pleadings, and representation in court and before other tribunals. In addition to client contact hours at the Legal Aid office, students are required to attend regular case study analysis meetings. Third-Year practice required. Enrollment is limited to six students.
	LAW 747 - Innocence Project Clinic Students in the Innocence Project Clinic will have the opportunity to participate in the legal investigation and research of inmate claims of actual innocence. Using primary sources including police and forensic reports, court pleadings, transcripts, appellate briefs and opinions, students will research and prepare written summaries of the cases referred to the Clinic by the Mid-Atlantic Innocence Project (MAIP). Student analysis of cases will also be used as a basis for MAIP to determine which cases to undertake. Students will have the opportunity to conduct interviews of inmates and possible witnesses, as well as other preparatory case work with private investigators, forensics experts and attorneys. Students may have the opportunity to provide assistance to lawyers handling the representation of MAIP clients. The Clinic’s focus will include DNA evidence, investigative activities, and post-conviction remedies and procedures, with in-class simulations. The clinic is limited to third-year students eligible for Third-Year Practice.
	LAW 748 - Dept of Defense Mil Comm Clnc This clinic is a special project. Second and third year students will be researching and writing legal memos to be provided to the prosecutors’ office for the Guantanamo military commissions. The client is the U.S. Department of Defense and students will be preparing the memos under the supervision of Professor Malone who is the supervising attorney for the project. Depending upon the number of participants, students will be expected to research and writte 25-30 pages on the provided questions. There will also be one-hour classroom meetings on substantive background issues, student discussion of their work, and international legal research. Grade is based on class participation and the written memos. This course satisfies the writing requirement.
	LAW 749 - Non-Profit Organztn Externship Students earn academic credit by working for civil legal services/legal aid organizations and private, nonprofit, 501(c) (3) organizations. See the Externship Manual and each semester’s syllabus for details. 1-3 credits summer/fall/spring
	LAW 752 - VA Attorney General Externship summer/fall/spring 2-3 Students earn academic credit by working for divisions/sections of the Virginai Attorney General’s office. See the Externship Manual and each semester’s syllabus for details.

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Course Descriptions

Explanation of Course Descriptions

LAW 562 - Legislative Advocacy Seminar

LAW 567 - Copyright Litigation Law Sem

LAW 569 - Constitution & the Family

LAW 570 - Selct Prob Int’L Trade & Econ

LAW 575T - Legal Technology-CLCT Summer

LAW 581 - Sel Topics in Eng Leg History

LAW 586 - Topics in Intellectual Prop

LAW 587 - Animal Law Seminar

LAW 595 - Citizen Lawyers

LAW 596 - Incarceration & the Family

LAW 597 - Adoption Law Seminar

LAW 598 - Special Topics in Juvenile Law

LAW 599 - Topics in Disability Law

LAW 599 - Tp in Disability: Human Rights

LAW 602 - Sp Prob in Intl Law

LAW 604 - Islamic Law Seminar

LAW 606 - SP: P-C Justice & Rule of Law

LAW 607 - Gender and Human Rights Sem

LAW 611 - Sel Topics in Admiralty Law

LAW 613 - Law Presidential Pub Financing

LAW 613 - Presidential Pub Financing

LAW 613 - Presidential Public Financing

LAW 614 - Sel Topics in Election Law

LAW 614 - Special Topics in Election Law

LAW 619 - Supreme Court Seminar

LAW 624 - Constitution Making

LAW 627 - Topics in Insurance Rgltn

LAW 628 - Race & American Legal History

LAW 629 - Sp Topics in Legal History

LAW 630 - The Death Penalty

LAW 636 - Sp Topics in Judicial Admin

LAW 637 - Comparative Constitutional Law

LAW 638 - Statutory Interpretation

LAW 639 - Antitrust & Mergers

LAW 640 - Tax Plan for Small Businesses

LAW 641 - Topics in Estate Planning

LAW 642 - Law & Sexual Violence Seminar

LAW 644 - Taxation Mergers Acquisitions

LAW 645 - Foundations of the Common Law

LAW 645 - Special Topics in Contract Law

LAW 646 - The New Feudalism

LAW 647 - Legl Drafting: Transactional

LAW 648 - Congress & the Courts

LAW 649 - Sp Topics in Special Ed Law

LAW 651 - Role of Legl Hist in Supr Ct

LAW 654 - Justice Brennan: Liberal Champ

LAW 656 - Advanced Election Law

LAW 660 - Patent Appeals & Interferences

LAW 661 - Privacy Technological Age Sem

LAW 662 - Media, Technology & the Courts

LAW 663 - Special Topics in Sports Law

LAW 664 - Attr & Authen Intel Prop Law

LAW 665 - Cyber Crime

LAW 670 - Cultural Property Law

LAW 671 - Topics: Disability & Bioethics

LAW 680 - Topics in Employment Law

LAW 681 - Sp Topics in Bankruptcy Law

LAW 701 - Legal Writing for LLMs I

LAW 702 - Legal Writing for LLMs II

LAW 703 - Directed Reading

LAW 703T - Directed Reading-CLCT Summer

LAW 704 - ILR Moot Court

LAW 704 - ILR Moot Court

LAW 704 - Ind Legal Research

LAW 704T - Ind Legal Research-CLCT Summer

LAW 705 - Ind Legal Writing

LAW 705T - Ind Legal Writing-CLCT Summer

LAW 707 - Law and Politics

LAW 709 - Constitutional Literacy

LAW 710 - Dunn Civil Liberties Workshop

LAW 711 - Legal Spanish

LAW 713 - State Supreme Court Bloginar

LAW 716 - Power & Influence

LAW 719 - Adv Fam Law Advocacy

LAW 720 - Trial Advocacy

LAW 720 - Trial Advocacy: Tech Augmented

LAW 721 - Alternative Dispute Resolution

LAW 722 - General Mediation