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2017 - 2018 Graduate Catalog 
    
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2017 - 2018 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.

 
 

Law
  

  • LAW 133 - Lawyering Skills II

    Spring 2 Staff

    In the second semester of Lawyering Skills, students will reinforce and build upon the skills learned in Lawyering Skills I, and apply their practical communication abilities to a new range of settings. With the instruction and feedback from practicing attorneys, students will advance their advocacy skills through simulating a pretrial oral argument and a negotiation with an opposing counsel. As in Lawyering Skills I, prior to each simulation, students will read about and discuss the underlying doctrine, theory, and goals that are fundamental to understanding the lawyer’s role. Through the continued integration of coursework and simulations, students will become increasingly able to navigate daily practice and uphold professional ethics.

  

  • LAW 135 - Lawyering Skills

    Fall/Spring 1 J. Stevenson

    This course will assist LLM students in understanding the roles of lawyers, especially newer attorneys, in law offices in the U.S. They will learn about the professional expectations for those who work with American attorneys in private law firms and other organizations. Students will improve their oral and written communication skills through in-class exercises and simulations, including oral reports to supervisors, professional correspondence and client interviews.

  

  • LAW 137 - Advanced Lawyering Skills

    Fall/Spring 1 J. Stevenson

    This course will build on the knowledge and practical skills gained in Lawyering Skills (135) further to assist LL.M. students in successfully working with U.S. lawyers. In this regard, students will delve more deeply into the professional expectations and responsibilities of those who work with U.S. lawyers. Importantly, students will continue to improve their oral and written communication skills through in-class exercises, simulations and other active class participation. The foregoing will include topics related to interacting with clients, reviewing legal documents, and conducting negotiations and alternative dispute resolution exercises. Students will be graded on a number of oral and written assignments throughout the semester. The final grade will be based on performance on such assignments and class participation. Students will be graded on the following scale: Honors, Pass, and Fail.

  

  • LAW 140A - Advanced Writing and Practice - Appellate Advocacy

    Spring 2 Alice Armstrong

    The Appellate Advocacy course will provide in-depth instruction and practical training in appellate advocacy, emphasizing both written and oral skills. Students will learn how to prepare for an appeal, file an appeal, write effective appella briefs, and make effective appellate oral arguments. The skills involved include the ability to analyze, write, make strategic decisions, and speak effectively. Students will complete several practice writing assignments culminating in one final written brief. At the end of the semester, students will present oral arguments based on their final written brief. NOTE: Students who take Law 730 Advanced Brief Writing may NOT take this course.

  

  • LAW 140B - Advanced Writing and Practice - Pretrial Civil Practice

    Spring 2 Susan North

    The Pretrial Civil course is designed to introduce students to persuasive pretrial advocacy in a civil case. The course will prepare students for practice in civil litigation by focusing on the application and expansion of their legal writing skills in a civil context. Students will learn civil litigation skills through written assignments and class discussions that will expose them to some of the issues and challenges civil practitioners must address when drafting documents, motions, and briefs in the course of client representation.

  

  • LAW 140C - Advanced Writing and Practice - Pretrial Criminal Practice

    Spring 2 Brian Pristera

    The Pretrial Criminal course is designed to introduce students to persuasive pretrial advocacy in the criminal case. 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. The course will prepare students for practice in criminal law by focusing on the application and expansion of their legal writing skills in a criminal law context. Through written assignments and class discussions, students will engage in various pretrial activities found in criminal practice, which may include moving for discovery and preparing other motions and briefs for trial.

  

  • LAW 140D - Advanced Writing and Practice - Transactional Practice

    Fall/Spring 2 E. Park, A. Nelson

    The Transactional Practice course is designed to introduce students to several elements of transactional practice in a deal-based context. Students will learn transactional practice skills through a variety of drafting exercises and assignments designed to familiarize students with the most common issues found in drafting transactional documents. Students will encounter and draft different types of agreements used in transactional practice and will work on understanding, analyzing, and drafting critical sections of contracts. The course will stress the importance of using clear and concise writing skills to articulate agreements accurately and precisely.

  

  • LAW 250 - Intro to US Law and Legal System

    Summer 2 Jennifer Stevenson

    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 English Language Course

    Summer 0 Jessica Klein

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

  

  • LAW 301 - Election Law Practicum - Lawyering a Campaign

    Spring 1 Jason Torchinsky

    Many law school classes touch on election law subjects ranging from voting rights, to redistricting, to election law and campaign finance. This course will focus on the legal issues you will need to understand to advise a candidate. The goal of this course to help students understand the basic statutory framework that candidates must navigate. While there are state to state and jurisdiction to jurisdiction differences, the basic frameworks are well known by practitioners. Students will gain an understanding of the issues that have arisen at various stages of the candidate / election administration process and that have been presented to federal and state courts across the county.

  

  • LAW 303 - Corporations I

    Spring 3 Nathan Oman

    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

    Fall/Spring (1-4) J. Dwyer, T. McSweeney,

    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

    Fall (2-3) Nathan Oman

    This course will introduce students to the federal law of bankruptcy, which allows debtors to restructure and discharge their obligations to creditors. Although both consumer bankruptcy and corporate reorganization will be touched on, the course will focus on business bankruptcies under Chapter 7 and Chapter 11 of the bankruptcy code. We will not cover the adjustment of personal debts under Chapter 13. There are no prerequisites for the course.

  

  • LAW 308 - Applied Evidence in a Technological Age

    Fall/Spring 4 Fredric Lederer

    This four-credit course combines all of the elements of a traditional evidence course along with basic oral and trial advocacy and courtroom technology. The course will concentrate on the Federal Rules of Evidence from a pragmatic perspective. It will also address the evidentiary implications of modern electronic evidence. In addition to the study of fundamental evidentiary concepts, students will try a simple bench trial with traditional and electronic evidence using the McGlothin Courtroom’s state-of-the art courtroom technology. This course is supported by the Center of Legal and Court Technology which will train students in the use of the McGlothin Courtroom’s evidence presentation technology and provide clerk of court administrative support. Students who take Applied Evidence in a Technological Age may not take Law 309 Evidence. This course satisfies the Third Year Practice requirement.

  

  • LAW 309 - Evidence

    Fall/Spring 3 H. Zlotnick, M. Lowe

    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 311 - Federal Income Taxation

    Fall (3-4) William Richardson

    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 313 - Economic Regulation of Energy Markets

    Fall 2 Ted Gerarden

    This course will address the principles of economic regulation of energy production, transportation, and delivery. Energy drives the economy, and the substantial investment required to produce, refine, transport, and deliver energy brings with it significant government regulation. We will focus primarily on economic regulation of energy at the Federal level, with some discussion of parallel state regulatory schemes and federal-state jurisdictional issues. The starting point is an understanding of the physical aspects of energy -the different sources of energy and the practical aspects of extraction, refining, transportation, and delivery to users-and the application of economics and antitrust law to understand the rationale for extensive federal and state regulation of energy industries. The course will consider early steps to regulate private industry for the public good, introducing students to principles of economic regulation, including dealing with natural monopolies, requiring certificates or permits for energy facilities, balancing the need for industry to attract capital with rate-payer protection through cost-of-service ratemaking, assuring “just and reasonable” rates and terms and conditions of service, preventing undue discrimination, relying on competitive market forces as a substitute for regulation (light-handed or market-based regulation), and partial deregulation. Key Federal agencies to be examined are the Federal Energy Regulatory Commission (FERC) and the Department of Energy. We also will touch on parallel issues at the state level, efforts to diversify energy sources and reduce environmental impacts, state-federal conflicts, and enforcement programs. Grades will be determined by a mid-term legal memorandum and a final paper.

  

  • LAW 317 - Law & Neuroscience

    Fall (1-3) Peter Alces

    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 320 - Business Associations

    Fall 4 K. Haeberle, D. Ibrahim

    An introductory examination of the law applicable to contemporary forms of business enterprise: the general partnership, the limited partnership, the limited liability partnership (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 Alternative Business Entities, or Corporations, or Small Business Entities.

  

  • LAW 322 - State & Local Taxation

    Spring 3 Craig Bell

    The State and Local Taxation course considers taxation imposed by states and local governments in a variety of contexts including the taxing of income, sales and use, property, and business licenses. This course will benefit students entering either a tax practice or a general business practice. Topics to be covered in the course will include: the key elements of the major business taxes and individual state income tax; the constitutional restrictions applicable to the taxation of interstate businesses; the handling of audits; and the conduct of administrative and judicial appeals. The course will use Virginia’s tax system as an illustrative model for issues that are common to most jurisdictions. Students will be evaluated on the basis of their class participation and on a series of written assignments including administrative protests of hypothetical audit assessments and initial court pleadings.

  

  • LAW 326 - Partnership Taxation

    Spring (2-3) William Richardson Prerequisite(s): LAW 311 - Federal Incomoe Taxation

    This course is an introduction to the federal income tax treatment of partnerships, including LLCs treated as partnerships, and their owners. Topics covered will include the tax classification of business entities as partnerships, partnership formations, allocations of partnership income and losses to partners, transfers of ownership interests by partners, distributions from partnerships to partners, terminations of partnerships, and a comparison of “S corporations” to partnerships. Prerequisite: Law 311 Federal Income Taxation Recommended: Law 320 Business Associations

  

  • LAW 334 - Community Association Law

    Spring 2 Elizabeth White

    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 commercial 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 contractual 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 covering 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 336 - International Intellectual Property Law

    Spring (1-3) Sarah Rajec

    This course surveys the variety of treaties and laws governing worldwide intellectual property rights. In addition to the major multi-lateral treaties governing intellectual property rights protection, the course will compare various relevant national laws to see how different social and economic policy goals drive differences in laws governing copyrights, patents, trademarks, and related rights. International intellectual property laws have become increasingly important to companies with a global business footprint. Therefore, the course will explore business strategies in the context of this network of laws. Students will be evaluated primarily based on a final exam; there will also be a participation component.

  

  • LAW 337 - Employee Benefits and ERISA

    Fall (1-3) Tina Mohr

    This course will provide an overview of the area of Employee Benefit Law and the Federal law applicable to the same including ERISA, COBRA and tax law. Employee Benefit Law is a practice area of significant importance to corporations, insurance companies, labor unions, plan administrators, law firms, benefit consulting firms and employees and their family members. The course will cover employer provided benefit plans including health insurance, traditional pension and defined benefits plans such as 401(k)s, cafeteria plans and others. The course will cover topics including vesting, nondiscrimination provisions, disclosure requirements, reporting requirements, notice requirements, fiduciary rules and duties and spousal rights. The course will also examine the impact of employee benefit law as well as ERISA on other practice areas including employment law, health law, labor law, tax law, divorce, corporate mergers/acquisitions, bankruptcy and specialized litigation. There is no prerequisite for this course. The class will be graded by final exam (70%), classroom assignments (23%), and class participation (7%).

  

  • LAW 338 - European Union Law & Human Rights

    Fall (1-3) Javier Guillen

    Human rights, democracy and the rule of law are core values of the European Union. Embedded in its founding treaty, they were reinforced when the EU adopted the Charter of Fundamental Rights in 2000, and strengthened still further when the Charter became legally binding with the entry into force of the Lisbon Treaty in 2009. In this course, after a brief introduction of European integration, the course provides a general approach of the framework and functioning of the legal system of the European Union, introducing a general study 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. Then the course will focus its attention on the human rights policy developed by the EU in the last years. We will study this main policy looking at the European Court of Justice leading cases on this subject and at the same time we will cover the main case law of the European Court of Human Rights reviewing EU Law and the interaction between both European Courts of Justice.

  

  • LAW 339 - Natural Resources Law

    Spring (2-3) Michael Walker

    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 348 - Privacy Law

    Spring 3 Rebecca Green

    Should the NSA tap Americans’ phone calls? Should Target be liable to consumers for data breaches? What if Snapchat doesn’t really delete images but stores them–should users have recourse? Given modern technological realities, is privacy dead? This course will review the historical roots of the concept of privacy in U.S. law, the common clash between privacy and the public good, and the shifting balance of privacy rights in rapidly changing technological contexts. We will aim to understand privacy’s place amidst the swirl of commercial and national security interests and the rise of the global Internet. Grades will be determined by class participation and a final exam.

  

  • LAW 351 - Alternative Dispute Resolution Survey

    Spring (2-3) Rebecca Green

    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.

  

  • LAW 352 - Private Equity - Structure and Issues

    Spring (1-3) Jody Forsyth

    This course will provide an overview of the common legal structures employed in the formation, capitalization, compensation, and governance of private equity funds. We will study as an example the structure of an existing private equity fund operating in the Canadian real asset space. In particular, we will spend considerable time on contractual interpretation of the fund’s limited partnership agreement. This course will also explore a number of topical issues in private equity, most notably securities regulatory oversight of private equity managers and taxation of their compensation. In examining all of the foregoing, we will consider the extent to which legislators and public regulators should oversee and intervene in private contractual relationships. An understanding of basic income tax law will be helpful but not required for this course. This course will be graded by a final exam.

  

  • LAW 358 - Electronic Discovery

    Fall/Spring (1-2) Andrea D’Ambra

    With computers and mobile devices, such as smartphones and tablets, dominating every aspect of business and personal life, the nature of civil discovery has changed. Lawyers need to know how to request, identify, preserve, collect, process, review and produce electronically stored information (“ESI”) in all its myriad forms. This course helps students identify and avoid signficant pitfalls arising from the collection, processing and production of ESI to better represent their clients. Law students will learn about the nuances of the quickly evolving world of e-discovery and gain practical skills they can utilize immediately upon entering the legal profession. This class does not require a technical degree or even significant technical proficiency. NOTE; students may not register for this course if they are currently registered for, or successfully completed, Electronic Discovery and Data Seizure, LAW 310.

  

  • LAW 362 - Education Law

    Fall 3 Vivian Hamilton

    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 366 - Civil Litigation Responses to Acts of Intl Terrorism

    Spring 1 Steven Perles

    This course will examine important cases in the field of Foreign Sovereign Immunities Act and Anti-Terrorism Act litigation and other areas involving claims against or the defense of foreign governments before United States federal courts and administrative agencies. Students will consider litigation involving Holocaust survivors, victims of the regime of the Islamic Republic of Iran, victims of Hamas suicide bombings and other incidents of terrorism sponsored by foreign states or aided and abetted by international banks. Discussion will focus on the practical implications and challenges of pursuing civil remedies, the enforcement of outstanding judgments and the intersection of such efforts with U.S. foreign policy concerns. Students will be required to write a 10-15 page paper due after the conclusion of the course. 1 credit (pass/fail).

  

  • LAW 367 - Oil and Gas and Energy Economics

    Spring 2 Michael Cuda

    This course is designed to assist students to develop a practical understanding of oil and gas issues. To achieve this understanding on the legal side, the course will focus on private property and contract law concepts specific to oil and gas development, terminology that is unique to the industry and the oil and gas lease, the document that generally governs the relationship between the mineral interest owner and the mineral developer. On the practical front, students will be introduced to the business side of the industry including oil and gas development, transportation and refining as well as domestic and global market considerations. Approximately half of the class sessions will be taught in person by the instructor, while approximately half will be taught remotely.

  

  • LAW 369 - The Wire - Crime, Law & Policy

    Spring 2 Adam Gershowitz

    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 a final paper due the last day of class. 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 370 - Food and Drug Law

    Fall (2-3) Stacy Kern-Scheerer

    This course will examine the ways in which Congress, the Food and Drug Administration, and the courts have gone about regulating the food and drug industries. We will highlight current issues which may include the FDA’s jurisdiction and enforcement authority concerning dietary supplements; the regulation of food additives; food labeling; the implications of globalism in the pharmaceutical industry; “orphan drugs;” and the relationship between federal regulation and state law. The course will be graded on the basis of in-class participation and a final examination.

  

  • LAW 371 - Complex Transactions in Regulated Industries

    Spring 1 David Sella-Villa

    Complicated business transactions occur in numerous regulated industries. For our course, we will focus on aviation and will explore transactions in the aviation industry. After providing a general overview of the international and domestic regulatory structures in commercial and private aviation, the course will then use an aircraft purchase to introduce students to specific applications of aviation regulations and the laws of contract, insurance, finance, security interests, tax, and civil procedure in the aviation industry. The focus will be a practical application of legal principles in the context of complex transactions within a regulatory framework. This course will be graded pass/fail. Students will be given a fact pattern and will draft an aircraft purchase agreement.

  

  • 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 380 - Comparative Law

    Spring 3 Christie Warren

    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 - International Election Principles

    Spring (1-3) John Young

    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. Pass/Fail

  

  • LAW 382 - Human Rights Law

    Spring (2-3) Nancy Combs

    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

    Fall (1-3) Nancy Combs

    Nancy Combs

  

  • LAW 393 - Campaign Finance

    Spring (1-3) Neil Reiff

    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 397 - Virginia Criminal Procedure

    Fall 3 William Shaw

    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

    Fall 3 Rebecca Green

    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 - Free Speech & Press

    Fall (3-4) Timothy Zick

    This 3-credit 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 card 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

    Spring 3 P. Marcus, J. Bellin

    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

    Fall 3 Tommy Miller

    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 404 - Secured Transactions

    Fall 3 Michele Spike

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

  

  • LAW 405 - Law Firm Leadership

    Fall 1 Gary LeClair

    The course will introduce students to the law firm leader’s role in six major leadership functions: (i) Culture and Strategy, (ii) Governance and Execution, (iii) Compensation and Financial Management, (iv) Talent/Leader Recruitment, Development, Promotion and Accountability/Reward, (v) Practice Management and Business Development, and (vi) Risk Management and Industry Challenges. Course materials will include the writings of prominent law industry commentators (e.g., William Henderson, Gillian Hadfield, David Maister, etc.) and general business thought leaders (e.g., Larry Bossidy, Robert Kelly, Sonja Lyubomirsky, etc.). Students will be given the opportunity to engage in leader self assessments (e.g., GRIT, introvert-ambivert-extrovert, positivity, etc.) and will be exposed to law firm leader skills (e.g., framing, challenge response competency, mistake imperative, etc.) The course will be pass-fail and graded primarily by a paper on a topic chosen from 12 leader dilemmas (2 from each of each of the 6 functions).

  

  • LAW 407 - Labor Law

    Fall (1-3) Gregory Giordano

    A study of employee-union-management relations as regulated by the National Labor Relations Act, as amended. Issues considered include the organizational process, representation elections, collective bargaining and picketing activities.

  

  • LAW 408 - Insurance

    Spring 2 Robert Friedman

    This course will survey the fundamental legal principles governing selected kinds of insurance including: automobile, fire and property (homeowners), liability, life, health, and disability. Among the topics examined will be the formation and operation of the insurance contract, coverage and exclusions, insurable interest, the claims process and subrogation. A practical approach will be featured, placing students in the roles of attorneys for the insurer, insured and third party claimant as issues are discussed.

  

  • LAW 409 - Public International Law

    Spring 3 Evan Criddle

    This survey course introduces students to the basic subjects, processes, and problems of contemporary international law. The course begins with an exploration of the nature and sources of international law; the traditional role of states in international law formation; and the burgeoning role of international organizations and nongovernmental organizations in transnational legal processes. Attention then shifts to the relationship between international law and U.S. law, including the principles that govern (and impede) the application of international law in the United States. The course devotes sustained attention to several important subfields of international law, including principles of international jurisdiction, sovereign rights to natural resources, international human rights, international criminal law, and the laws of war. Along the way, class members are invited to grapple with several enduring critiques of the international legal system.

  

  • LAW 410 - Conflict of Laws

    Spring (2-3) Michael Green

    How the courts of a state address the fact that other states and nations, with their own laws, exist. The primary focus is choice of law–which state’s or nation’s law should apply to a case with multi-jurisdictional elements. Also covered will be the constitutional restrictions on choice of law and state court recognition of sister state judgments. Other possible topics are: the extraterritorial application of federal (including constitutional) law, state and federal court recognition of the judgments of foreign nations, and conflicts between federal and state law, including the Erie doctrine.

  

  • LAW 411 - Antitrust

    Spring 3 Alan Meese

    A study of restraints of trade, mergers and monopolies. The central concern of the course is to analyze what laws are necessary to protect a system in which goods are allocated by competitive markets.

  

  • LAW 413 - Remedies

    Spring 3 David Lannetti

    This course involves a study of the law of judicial remedies, both legal and equitable, and focuses on the nature and scope of available relief. The course emphasizes the various remedies available, including compensatory and punitive damages, injunctions, declaratory judgments, restitution, and enforcement proceedings. It provides a brief study of the development of chancery courts and the continuing distinction between equitable and legal remedies. Special attention is given to the appropriateness of various remedies to given situations. Substantive examples will come primarily from contract and tort law, but property interests, statutory violations, and constitutional harms also will be discussed.

  

  • LAW 414 - Cybersecurity Law

    Fall 2 Holly Brady

    This course will explore Cybersecurity Law, a relatively new and dynamic area of law. The course will begin with a discussion of how the lawyer’s role is evolving as cybersecurity risk becomes an increasingly significant area of focus for business executives, law makers, and regulators. Throughout the course, we will examine a variety of legislative, regulatory, and litigation issues. We will explore novel applications of long-standing legal tenets, such as Article III standing, the attorney-client privilege, and the reasonableness standard. We will look at the anatomy of a data breach and discuss complex issues that arise in data breaches. We will also explore the intersection of Cybersecurity and Privacy and discuss how Cybersecurity is a necessary component of Privacy, but how Cybersecurity interests can also come into conflict with Privacy interests. Although we will cover certain technical aspects of Cybersecurity, such as the protection of a computer network, no prior technical experience is required. Grades will be determined primarily by a final paper.

  

  • LAW 415 - The Federal Courts

    Spring (1-3) Tara Grove

    An examination of the federal judicial system encompassing such topics as allocation of federal judicial power; original jurisdiction of the Supreme Court; the Eleventh Amendment; suits in federal court against state officials; restrictions on federal adjudication of state-created rights; federal question jurisdiction and federal common law.

  

  • LAW 416 - Family Law

    Spring 3 James Dwyer

    This course covers requisites for marriage, pre-nuptials, paternity, property management during marriage, spousal abuse, parental child rearing rights, grounds for divorce, property distribution upon divorce, consequences of cohabitation prior to marriage, alimony, child support, and child custody and visitation.

  

  • LAW 417 - International & Comparative Women’s Rights

    Fall 3 Linda Malone

    An international and comparative law framework for women’s human rights by analyzing rights and remedies afforded women under international human rights law, including the Convention on the Elimination of All Forms of Discrimination against Women, the International Covenant on Civil and Political Rights, the European and American Convention on Human Rights, the African Charter on Human and People’s Rights, and the EEC’s Equal Treatment Directive. The course also compares different legal systems’ responses to domestic violence, female genital mutilation, polygamy, reproductive rights, parental leave, employment discrimination, pay equity, and other gender-related issues.

  

  • LAW 419 - Virginia Civil Procedure

    Spring (3-4) J Zepkin Prerequisite(s): Third year status

    Covers procedural law for both law and equitable claims, including applicable statutes, rules of court and cases interpreting the statutes and rules. Appellate procedure for both the Court of Appeals of Virginia and the Supreme Court of Virginia are covered. Prerequisite: Third year status

  

  • LAW 420 - Real Estate Transactions

    Fall (2-3) Ronald Rosenberg

    This course will deal with residential and commercial real estate transactions both from a practical and a theoretical perspective. The course will cover purchase and sale agreements, deeds, recording acts, financing, residential and commercial leases and real estate development. Class discussion will focus on both the analysis of case decisions and practical aspects of real estate law.

  

  • LAW 422 - Accounting and Finance for Lawyers

    Spring (2-3) Eric Chason

    This course provides an introduction to accounting and finance for students who have had little or no coursework in either area. Accounting topics include the balance sheet, the income statement, the statement of cash flows, and financial-statement analysis. Finance topics include risk, return, time, value of money, valuation, financial instruments, and capital markets. All topics will emphasize implications for the legal profession. The following students are ineligible to take the course without permission of the instructor. - Students who have completed three or more undergraduate-level courses in accounting and finance (counted on a combined basis). For example, a student with two accounting courses and one finance course is ineligible. - Students who have completed any graduate-level course in either accounting or finance (including Law 437 Corporate Finance). - Students who are enrolled in the joint JD / MBA program.

  

  • LAW 423 - Securities Regulation

    Spring (2-3) Darian Ibrahim Prerequisite(s): LAW 303 OR LAW 320

    This course studies the disclosure philosophy of the federal securities laws and the nature and regulation of the securities markets. The relevant statutes are the Securities Act of 1933 and the Securities Exchange Act of 1934, primarily, as well as changes brought by recent legislation including the JOBS Act. Among the topics covered are the initial public offering (IPO) process and exemptions from registration under the 1933 Act; we also study the mandatory disclosure regime for public companies under the 1934 Act. Civil liabilities under both the 1933 and 1934 Acts are also explored. The course also studies the economics of the disclosure and liability rules and the workings of an efficient market. Prerequisite: Law 303 Corporations I or Law 320 Business Associations.

  

  • LAW 424 - Environmental Law

    Fall (2-3) Gregory Wall

    A study of the nature and causes of environmental pollution and of the main legal techniques for its control. The course will consider the common law, the environmental impact assessment process (e.g., the National Environmental Policy Act), and the basic regulatory framework for air, water and solid and hazardous waste control (the Federal Clean Air Act, Clean Water Act and Resource Conservation and Recovery Act), with attention given under each statute to the basic regulatory framework and the main policy issues presented by it.

  

  • LAW 425 - Land Use Control

    Fall (1-3) Lynda Butler

    An analysis of the legal principles governing the use and management of land and the fundamental values underlying those principles. While focusing primarily on government regulation of land use, the course also will examine common law rules which affect the way that land is used. Topics that might be considered include judicial control of land use, zoning and the rights of landowners, zoning and the rights of neighbors, land use planning, public regulation of land development, aesthetic regulation, and the preservation of natural and historic resources.

  

  • LAW 426 - Energy Law

    Spring (2-3) Cliona Robb

    Energy law is at the forefront of developments in natural resources law, public utility law, and environmental law. Policy debates are shaping these developments at the local, state, federal, and international level, giving energy lawyers a real opportunity to influence the world we live in. This course covers the laws and policies that govern the exploitation of energy resources and the production and distribution of electricity. Course coverage begins with traditional principles of utility law and regulation (including rate regulation) and progresses to focus on laws and policies relating to natural gas and electricity. The main focus will be on energy law issues that arise in the context of one major energy- producing activity-the production and use of electric power-with some limited attention to parallel themes in other areas such as natural gas and transportation. We will explore general legal issues in these areas: the role and regulation of markets, the tension between economic and environmental regulation, the degree of national versus decentralized regulation, and the roles law might play in impacting not only supply but also consumer behavior.

  

  • LAW 435 - Sales

    Fall 3 Peter Alces

    This course deals with commercial and consumer sales transactions governed by Article 2 of the Uniform Commercial Code. Coverage includes: contract formation and readjustment; general obligations of the buyer and seller; contract performance; risk of loss; warranties; breach, repudiation and excuse; remedies; and federal legislation affecting these issues.

  

  • LAW 438 - Corporate Taxation

    Fall 3 William Richardson Prerequisite(s): LAW 311

    This course is an introduction to the federal income taxation of corporations and their shareholders. Topics covered will include the tax classification of business entities, incorporation and capital structure, taxable and non-taxable dividends, stock redemptions, corporate liquidations, corporate reorganizations, and an overview of “S corporations”. Prerequisite: Law 311 Federal Income Tax Recommended: Law 303 Corporations or Law 320 Business Associations.

  

  • LAW 440 - White Collar Crime

    Spring (1-3) Brian Samuels

    Topics covered include RICO, mail fraud, tax fraud, bank secrecy and currency reporting offenses, false statements, forfeiture statutes, and selected procedural problems in the prosecution of white collar crimes, including privilege against self-incrimination issues, attorney-client privilege issues, and double jeopardy issues arising from duplicative state and federal prosecution.

  

  • LAW 441 - Admiralty Law

    Fall (2-3) Christopher Abel

    A comprehensive survey of contemporary maritime law. Topics to be addressed include admiralty jurisdiction and procedure, the creation and enforcement of maritime liens, limitation of liability, maritime contracts, ship mortgage law, marine insurance contracts and principles, bills of lading, general average, and other maritime cargo issues, pilotage, towing, salvage, the law of seaman’s injury and death, mariner’s licensure, dealing with the modern piracy challenge, and an introduction to maritime environmental law. The course will have a practical focus, emphasizing legal concepts and practice tips of particular use to counsel representing ship owners, operators, seamen, marine insurance carriers, cargo interests, and others on a day-to-day basis.

  

  • LAW 442 - Trademark Law

    Spring (2-3) Laura Heymann

    An overview of federal trademark law and policy, including the acquisition and loss of trademark rights, the trademark registration process, issues relating to scope and enforcement of rights across geographic boundaries, trademark infringement and dilution, lawful unauthorized use, and remedies. Related issues such as federal false advertising law and state right of publicity law may be considered.

  

  • LAW 444 - Law & Literature

    Fall/Spring 1 J. Heller, S. Haines

    This course explores the ways in which law and literature intersect in addressing various issues. Students will read and write papers on fiction and non-fiction (books to be determined each term) to examine how legal texts and the legal system affect individuals, society, and culture. Students will submit a response paper prior to each class meeting, focusing on the assigned primary text, in preparation for discussion of the readings. This class will be graded pass/fail.

  

  • LAW 447 - Patent Law

    Spring (3-4) Sarah Rajec

    The course will present the essential principles of the patent law, as well as significant policy considerations which are the basis for many patent doctrines. Highlighted will be decisions of the Supreme Court and the Court of Appeals for the Federal Circuit.

  

  • LAW 448 - Intellect Property

    Spring (2-3) James Stern

    A review of the legal protection of artistic, technical and business creativity through the law of copyrights, trademarks, patents and trade secrets.

  

  • LAW 450 - Philosophy of Law

    Spring 3 Michael Green

    A survey of problems generated by philosophical reflection on the law. The central topic will be the fundamental nature of the law. Is the law reducible to social facts? To morality? To neither of these things? But other topics will also be dealt with, including: the structure of legal systems, the nature and possibility of authority, whether there is a moral duty to obey the law, the status of international law, the lawmaking role of courts, and the effect of semantic and moral theories on adjudication. Classics in the field - including John Austin, H.L.A. Hart, Hans Kelsen, Ronald Dworkin, Joseph Raz and the American Legal Realists - will be discussed, as will arguments by some more recent writers.

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

  • LAW 451 - Products Liability

    Spring 3 John Epps

    This course will focus on the development of the theories of liability for personal injuries and property damage caused by defective products. Among the areas to be considered are the roles of warranty, negligence and strict liability law in today’s products liability litigation, as well as important related issues such as expert testimony, causation proof, the role of science, and the effects of mass tort litigation.

  

  • LAW 452 - Employment Discrimination

    Fall (1-3) Dawn Merkle

    This course surveys the laws prohibiting discrimination in employment. In particular, the course emphasizes case law under Title VII of the 1964 Civil Rights Act (race, religion, sex, or national origin), the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Students will learn the basic doctrinal frameworks applicable to disparate treatment, disparate impact, and mixed-motives cases and trace their evolution through statutes and judicial decisions. The course also will include brief overviews of remedies for and economic theories of employment discrimination. Employment Law (LAW 456) is not a prerequisite.

  

  • LAW 453 - Administrative Law

    Fall/Spring 3 Allison Larsen

    Administrative law establishes the legal controls over the operation of government and hence it relates to almost every legal practice, from security regulation to social programs to criminal justice. Indeed, administrative law is essential to justice in a modern society because administrative agencies generate most of the law that actually affects our lives and because administrative agencies adjudicate far more disputes than the traditional judiciary. This course is an introductory examination of the rules and procedures governing agency decision making. It explores (1) how agencies make policy and (2) how businesses, interest groups, and citizens challenge agency policymaking in court.

  

  • LAW 454 - Economic Analysis of the Law

    Spring 3 Alan Meese

    A study of the many applications of economic reasoning to problems of law and public policy including economic regulation of business; antitrust enforcement; and more basic areas such as property rights, tort and contract law and remedies, and civil or criminal procedures. No particular background in economics is required; relevant economic concepts will be developed through analysis of various legal applications.

  

  • LAW 456 - Employment Law

    Spring 3 Christopher Abel

    This course will address the basic common law and contemporary statutes governing the employment relationship, with an emphasis on their practical application in today’s private-sector workplace. Topics to be addressed will include establishment of the employment relationship, wage and hour regulation, conditions of employment, discharge and termination, and non-competition and other post-employment obligations. The course will also include a brief review of unemployment compensation and workplace health and safety issues, as well as an introduction to employment discrimination law. This course will not address traditional labor law nor will it cover issues unique to public-sector employment. Neither will it significantly overlap the Law 452 Employment Discrimination course.

  

  • LAW 458 - Health Law and Policy

    Spring 3 Stacy Kern-Scheerer

    This class will give students an overview of the U.S. health care system. We will examine various legal and policy issues related to the health care system, including: the legal structure of the patient-physician relationship; how our legal system addresses issues of quality and choice; structures and mechanisms of the Affordable Care Act; Federal-State tensions regarding insurance regulation; how our legal system regulates the behavior of medical professionals and institutions; and patient privacy and confidentiality. Students will develop an understanding of the trajectory that the U.S. health care system has taken in these areas, as well as the current reforms implicating them. In addition, we will examine laws and policies that surround issues of public health, such as vaccines, obesity rates, and State-mandated screenings and data collection.

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

  • LAW 464 - Mergers & Acquisitions

    Fall (1-3) Louanna Heuhsen

    A survey of various forms of business combination transactions, including mergers, share exchanges, tender offers and asset purchases. This course will focus on planning for and structuring such transactions to address business, corporate law and securities law issues from the standpoints of both the acquiring company and the target company.

  

  • LAW 465 - Copyright Law

    Spring (2-3) Laura Heymann

    A study of the Copyright Act, with coverage of the subject matter of copyright, copyright ownership and transfers, the nature of copyright rights, copyright infringement, remedies, and First Amendment considerations.

  

  • LAW 472 - Medical Malpractice Trial Advocacy

    Spring (2-3) Rodney Adams

    This class will examine the unique area of tort law that is commonly litigated in the U.S. The initial weeks of the course will cover the essential elements of a medical malpractice claim giving special attention to the specific statutes governing this kind of lawsuit. Students will then apply trial advocacy skills to a hypothetical medical malpractice case. Using a fact pattern from a wrongful death action recently tried in Virginia, students will plan and participate in written discovery, depositions, pretrial motions and trial. This will include witness preparation, juror selection, opening statements, direct and cross examinations, and closing arguments. All aspects of taking a medical malpractice claim from the filing stage to jury verdict will be addressed. VCU and local physicians volunteer as defendants and expert witnesses. You will not have a more realistic trial experience! The last class (mandatory) will be a day-long jury trial.

  

  • LAW 473 - Non-Profit Law Practice

    Spring (2-3) Tina Mohr

    Nonprofit organizations are an influential and significant sector in America. They range from small volunteer organizations to large corporations. This course will concentrate on understanding the unique tax and legal concepts applicable to non-profit organizations as well as the practical procedures utilized in forming a nonprofit, operating and governing a successful nonprofit, dealing with nonprofit tax, business and fundraising issues, understanding the state and federal regulation of nonprofits and, finally, effectuating the merger or dissolution of a nonprofit organization. The principal objective on this course is to introduce the law student to the world of nonprofit law so that as a lawyer, he or she can be prepared for an active role in establishing, advising, serving on the board or even working as in-house counsel for a nonprofit organization. Classes will be a combination of lectures, discussions, preparation of documents, group problem solving, and evaluation of solutions to actual practice queries. Grading criteria for the course will include participation, assignment and project/memo preparation, and a final examination. Regular attendance is required.

  

  • LAW 475 - National Security Law

    Fall (2-3) David Novak

    The National Security Law course will focus on the prosecution of national security offenses (e.g., terrorism, espionage and piracy) and the unique issues that arise during the litigation of such cases. In addition to examining the substantive statutes for the offenses, the course will address jurisdictional and venue provisions and the acquisition of evidence both domestically and overseas for these prosecutions. In doing so, the application of Miranda, the Confrontation Clause and other constitutional rights in the national security context will be examined. Particular emphasis will be given to the handling of classified information and its use pursuant to the Classified Information Procedures Act (CIPA). Finally, the course will explore the ability of the Article III courts to handle national security prosecutions in contrast to military tribunals. Grades will be based on a final examination, graded by anonymous number (although class participation will also be considered).

  

  • LAW 477 - Section 1983 Litigation

    Fall (1-3) John Gibney

    The course will focus on litigation under 42 U.S.C. section 1983 - the statute most commonly used to protect Americans’ constitutional rights. Topics covered will include the history of the statute, the categories of defendants who can be sued under the statute, theories of liability, available remedies, defenses to suits, immunity from suit, and awards of attorneys’ fees. The course will also cover the relationship between substantive rights and the litigation tools provided by the Federal Rules of Civil Procedure. The course will explore the major Supreme Court cases that define the principles of section 1983, and each week the class will discuss how the principles apply to actual cases that have arisen and been litigated in Virginia. Students will be graded based on a short paper (approximately five pages) prepared in the middle of the semester, and a longer brief in support of a motion for summary judgment based on facts provided to the students. Students will also be expected to work in teams to address specific legal issues and present their analysis in class.

  

  • LAW 480 - First Amendment - The Religion Clauses

    Spring 3 Timothy Zick

    In this course we will study the First Amendment’s religion clauses - the Free Exercise clause and the Establishment Clause. The core of the course examines how government interacts with religion, and the interplay between free exercise and establishment, in three key areas: government regulation of religious activity and institutions, government funding of religious activity and institutions, and governmental attempts to promote a common culture or political ethos. Our primary focus will be on current First Amendment doctrines concerning religion. Time permitting, we may also examine the intersection between the religion clauses and the First Amendment’s Free Speech Clause.

  

  • LAW 485 - Immigration & Citizenship

    Fall (2-3) Lauren Vogt

    This course will examine federal immigration law and policy. Topics include citizenship, admissions, deportation, an introduction to refugee law, and the role of the courts in reviewing the actions of executive officials. We will examine the history of immigration to the United States, the constitutional rights of non-citizens, the federal agencies that administer the immigration and citizenship laws, undocumented immigration, and the balance between national security and openness to non-citizens. This class will meet 10 times during the semester. Meeting dates will be announced by the first day of class.

  

  • LAW 488 - Youth Law

    Fall 3 James Dwyer

    This course covers child abuse and neglect, adoption, legal representation of children, emancipation, status offenses, delinquency, trial of minors as adults, and the constitutional rights of youths. There is no exam for this course. Students will write a research paper on a topic of their choice. This course is offered every other year.

  

  • LAW 496 - International Business Transactions

    Fall (2-3) Jay Butler

    This course will survey a variety of laws that U.S. companies contend with when doing business overseas. Areas may include corporate law and securities regulation, commercial sales, employment discrimination, human rights, anti-corruption, intellectual property, dispute resolution, and various dimensions of international trade law. It will have both a doctrinal and a practical component. The course will be graded on the basis of in-class participation and a final examination.

  

  • LAW 499 - Intl Dispute Resolution-Intl Commercial Arbitration

    Fall 3 Iria Giuffrida

    International arbitration has established itself as a distinct field of law in academia and legal practice, and this course prepares participants to understand the resolution of transnational commercial disputes by combining the substantive legal framework with a practitioner’s perspective and experience. After an introduction to the broad field of international arbitration (including references to investment treaty arbitration and inter-State arbitration), the course will focus on arbitrating commercial disputes, with a strong emphasis on institutional international arbitration. The participants will be exposed to the key main topics in this field such as the agreement to arbitrate; the selection, appointment and role of the arbitrators; questions of jurisdiction; key procedural aspects of arbitral proceedings; and the arbitral award. This course is aimed at JD and LLM students interested in developing a sound understanding of how transnational disputes are resolved by way of arbitration as well as an appreciation of the legal environment which facilitates and supports this process. It is similarly recommended to students who are keen to develop a full-rounded picture of international business transactions. Attendance is mandatory and the course will be graded on the basis of in-class participation and a final examination.

  

  • LAW 502 - Legislative Redistricting w/Geographic Information Systems

    Fall 1 Rebecca Green

    With the 2020 Census on the near horizon, significant attention will be placed on redistricting in the coming years. Inherent in any redistricting plan is a recognition of the spatial configuration of voting districts and the processes driving proposed voting district maps. Federal and state constitutions and statutes impose legal requirements for voting districts that in practice are often manipulated to favor of drawing lines that protect partisan/incumbent interests. This one-credit course will combine an introduction to Geographic Information Systems (GIS) with a focus on the legal analysis of redistricting plans. Students will learn basic GIS skills and tools designed to develop compliant maps. This will include working with district boundary maps, census information and other socioeconomic layers in an integrated GIS platform to understand and quantify the impacts realized when voting districts are redrawn. The course will focus on the 2017 Supreme Court case Bethune-Hill v. Virginia State Board of Elections decision as a frame to better understand the laws governing redistricting efforts. After learning the legal parameters of the redistricting process, students will work in teams to develop and present a redistricting plan for the 12 state legislative districts identified as problematic in Bethune-Hill. In the process of coming up with ways to improve compliance with state and federal statutory and constitutional mandates, this course will uniquely prepare students to play a substantive part in the 2020 round. This course will be graded pass/fail.

  

  • LAW 504 - European Union Law and Politics

    Spring 1 Jose de Areilza

    The European Union is the most advanced system of law and governance outside the State. Yet different crisis and tensions in the UE are testing ways the foundations of economic and political l integration, from its damaged single currency arquitecture, the massive arrival of refugees, terrorist attacks, populist movements, the UK’s decision to leave the EU or the demands of a globalized Marketplace and tecnological disrpution. This introductory course will study the state of EU decision-making, the application of its legal principles and the balance of power between EU political institutions and between Member States in a critical moment of European integration.

  

  • LAW 511 - International Environmental Law Seminar

    Spring 3 Linda Malone

    The seminar focuses on bilateral, regional and international agreements and principles governing ocean pollution, air pollution, hazardous and nuclear waste, deforestation, and other environmental problems with a global impact. The seminar will also address population control and food shortages under international law, especially in developing countries, and how these problems relate to international peace and security. The basic courses, Law 409 Public International Law and Law 424 Environmental Law, are not prerequisites, but are recommended. The seminar grade will be based on class participation and a paper that satisfies the Writing Requirement.

  

  • LAW 519 - Law of the Sea Seminar

    Spring (2-3) Linda Malone

    The course explores major legal issues related to protection of critical aquatic environmental systems, from deep oceans beyond areas of national jurisdiction to US coastal land and waters. Students will become familiar with the laws and policies relating to water quality and habitat protection, territorial determinations of ocean zones, fisheries and marine wildlife preservation, ocean energy and mineral resources, pollution of coastal and ocean waters, and management of the coastal zone. Study will include international conventions and agreements such as the UN Convention of the Law of the Sea and the International Convention for the Prevention of Pollution from Ships (MARPOL). The grade will be based upon a final paper.

  

  • LAW 522 - Selected Topics in Criminal Law Seminar - Domestic Violence

    Fall (2-3) Cynthia Ward

    This seminar will examine the history, prevalence, and characteristics of domestic violence between intimate partners. Drawing from scholarship and cases in feminist theory, social science research, and law practice, we will focus primarily on domestic violence as a crime and on the criminal law’s role in preventing and punishing it. We will study various types of domestic abuse as well as the effect of factors such as age; sexual orientation; race and ethnicity; culture; and mental illness on the incidence and severity of intimate partner violence. We will emphasize evidence-based solutions to the problem and attempt to achieve consensus as to how solutions might be achieved.

  

  • LAW 525 - Drafting for Corporate & Finance Lawyers Seminar

    Fall 2 Louanna Heuhsen Prerequisite(s): LAW 303 OR LAW 320

    This is a seminar addressing the challenges of drafting to facilitate corporate transactions and meet public company disclosure obligations. This course will focus on understanding and manipulating standard agreement forms such as a stock purchase agreement, an asset purchase agreement and related ancillary agreements. The course also will address some of the intricacies of drafting securities laws disclosure. Prerequisite: Law 303 Corporations or Law 320 Business Associations.

  

  • LAW 528 - Refugee Law and Policy Seminar

    Fall 2 Evan Criddle

    This seminar will provide an introduction to refugee law and policy, exploring the challenges posed by forced migration from multiple perspectives: international, domestic, and comparative. We will examine the history and theory of refugee protection under international law, focusing on the development of international refugee norms and institutions from World War I to the present. We will then consider how the U.S. Constitution, treaties, statutes, and federal regulations interact to define, protect, and exclude refugees and other categories of protected migrants. Topics for discussion will include the scope of U.S. legal protection for refugees; the domestic administrative process for adjudication of asylum claims; the evidentiary challenges to establishing refugee status; the availability of temporary protected status for victims of human trafficking and violent crime; the (a)symmetries between U.S. legal standards and international law; and policy debates concerning the security risks posed by refugees and other forced migrants. Throughout the course, we will compare and contrast U.S. refugee law and policy with approaches adopted by international organizations, regional organizations, and other states. Grades will be based on a final paper, a brief presentation, and class participation. This course satisfies the writing requirement.

  

  • LAW 529 - The Military Commissions

    Fall 2 Paul Hutter

    President George W. Bush’s November 13, 2001 Order creating Military Commissions to prosecute those accused of committing acts of terror and who harbor them created a firestorm of legal activity. That activity is ongoing, albeit at a much slower pace than during the period from 2002 - 2014. This activity forms a critically important foundation for apprehending, detaining and trying stateless actors and those who fought in a status that was previously ill defined by international law. The course’s discussions will engage the students concerning the balance between due process, fundamental fairness and society’s interests in the goals of criminal law, e.g., safety, deterrence, retribution and punishment. This course will explore the underpinnings of the November 13 Order through the issuances from the Office of Legal Counsel in the Department of Justice that gave rise to the Order, the activities of lawyers in the Department of Defense and the White House prior to and following the Order’s issuance, and the precedential cases relied upon to create the Order. Students will contrast trial of terrorists in Federal Courts with trial by Military Commissions and opine on the necessity for a legal process that does not include the protections afforded by Article III of the U.S. Constitution. Grades will be based on a final paper. Students may not enroll in this course if they are currently enrolled in, or successfully completed, LAW 543, Terrorism and the Law.

 

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