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2012 - 2013 Graduate Catalog [ARCHIVED CATALOG]

School of Law Courses

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Law

  • LAW 407 - Labor Law

    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

    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

    An examination of the nature and sources of international law and municipal law; the law of treaties; principles of jurisdiction; statehood and recognition of states and governments; sovereign immunity; rights of aliens; human rights; environmental issues; and regulation of international coercion.

  • LAW 410 - Conflict of Laws

    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

    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

    This course explores the law of judicial remedies in civil litigation. After reviewing the main differences between law and equity, we will study the main types of remedies– declaratory judgments, injunctions, restitution, damages (both compensatory and punitive), and litigation costs– considering both their basic characteristics and finer points that emerge in judicial decisions. Substantive examples will come primarily from contract and tort law, but property interests, statutory violations, and constitutional harms also will be discussed. Students will be evaluated on the basis of class participation and a final.

  • LAW 415 - The Federal Courts

    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

    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 419 - Virginia Civil Procedure

    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.

  • LAW 419 - Virginia Procedure

    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.

  • LAW 420 - Real Estate Transactions

    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 for Lawyers

    This course provides an introduction to basic financial accounting, auditing, and finance for students who have not previously taken an accounting course. The course will be limited to such students unless they receive permission from the professor. Accounting topics will include basic accounting procedures and principles, and the analysis of basic financial statements including the balance sheet, income statement, and statement of cash flows. Auditing will focus on the role of the auditor and the meaning of audit reports. Finance topics will include “time value of money” issues and business valuation topics. All topics will emphasize implications for the legal profession. This course has been revised and has been increased to three (3) credits in order to provide necessary business background and greater depth in each topic area.

  • LAW 424 - Environmental Law

    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

    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 427 - Real Estate Tax

    Prerequisite(s): LAW 311 - Federal Income Tax 

    Problem oriented analysis of tax aspects of real estate investment from a life cycle perspective of acquisition, operation and disposition. Areas studied are: start-up costs; acquisition costs and capital vs. ordinary expenditures; treatment of interest and depreciation; anti-tax shelter limitations on tax losses; deferred payment (installment sale and basis recovery reporting) and non-recognition like-kind exchange and involuntary conversion techniques; character issues including treatment of real estate dealers. Many topics are most frequently litigated by IRS. This is the principal area of common law of taxation; tax policy and politics are also examined.

  • LAW 429 - Local Government Law

    This course examines the scope and nature of local government powers and their relationship to state and federal governmental authority. Particular emphasis is placed upon matters of concern to cities, counties and other units of local government. Special consideration will be given to questions of governmental design, political theory, and intra- and inter-governmental sharing of power. Specific topics may include: theories of authority, boundary changes, personnel, public contracts, government tort liability and immunity, municipal finance, land planning and development management. Course readings will include both legal materials and excerpts from the fields of public administration, economics, municipal finance and city planning.

  • LAW 435 - Sales

    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 436 - European Union Law

    The European Union (EU) is different in many ways from a Federation, although the exercise of power in the Union has some federal traits and one can draw some useful comparisons. “European Union Law”, in any case, is a heading that today refers to as many topics as “US Law” would. Therefore, it is impossible to study with some depth in one single course all relevant and substantive aspects of European Union Law. In this introductory course we will study the basic Law of European Union (institutions, law-making procedures, legal remedies, role of the European Court, relationship between EC law and national law, all of this taking into account the recently passed Constitution). This will provide you with analytical tools to feel comfortable when you have to work in any area of substantive EC law. The method of instruction will be the typical interactive approach used in American law schools, although at times I will introduce or summarize a topic with a lecture. We will be using a set of teaching materials that you should obtain before the course starts. These materials are included in the book “Foster on EU Law”, by Nigel Foster. Class attendance is mandatory. Participation will be counted as an important part of the grade (50%). The exam will be a two hour exam with two or three questions based on cases pending before the European Court or important current issues in the legal and political development of the EU.

  • LAW 438 - Corporate Taxation

    Prerequisite(s): LAW 311 - Federal Income Tax  Recommended: LAW 303 - Corporations I  or LAW 320 - Business Associations .

    A general introduction to the federal income taxation of corporations and their shareholders. This course is designed for students intending to pursue either a general business practice or a tax practice. Topics covered will tax include tax classification of business entities, incorporation and capital structure, taxable and non-taxable dividends, stock redemptions, corporate liquidations, non-acquisitive corporate reorganizations, and “S corporations”.

  • LAW 440 - White Collar Crime

    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

    An introduction to the law of the sea under federal and international law. Topics covered will include rules governing liability for maritime collision, rights and duties arising from personal injury or death of a seaman, liabilities of ship owners and insurers, maritime liens and mortgages, and special problems caused by involvement of governments as parties to maritime transactions and litigation. Other topics will include admiralty practice and procedure and maritime environment law.

  • LAW 442 - Trademark Law

    Covered first will be broad concepts of unfair competition and trademark law, followed by a close analysis of how trademark rights are gained and lost, as well as issues arising out of the trademark registration process. Further discussions will focus on trademark infringement and available remedies. The course will conclude with a detailed examination of federal unfair competition law, authors’ and performers’ rights, trademark dilution, and lawful unauthorized use.

  • LAW 444 - Law & Literature

    “Law & Literature” will be coordinated by Jim Heller and Chris Byrne. There will be up to 18 students enrolled in the class, which will focus on how legal issues and themes are developed in works of literature. The class will meet four times during the semester, in the homes of participating faculty members. All those participating in the class are expected to bring food and/or drink each month to share as we dine together. The class will meet on the following days, from 6:00-8:30 PM Tuesday, January 15 Tuesday, February 12 Tuesday, March 12 Tuesday, April 2 The faculty will select four books that the students must read and write papers on. The books will be available to purchase in the bookstore, but you may use any edition you already have or purchase/borrow elsewhere. No later than the Thursday prior to each meeting, students must send via email to Jim Heller and Chris Byrne a 3-5 page paper responding to at least one of the questions previously given out by the faculty member responsible for each book. These papers will be distributed electronically ahead of time to other students in the class and to the faculty, and will be graded on a pass/fail basis. Students are required to prepare papers for all four books and attend all four sessions, unless their absence is excused in advance. Students will participate in discussion sessions with five or six students and one or two faculty members in each group, lasting for approximately one hour. Then, for the second hour the entire class will discuss the book. Students may also be asked to draft discussion questions for the books. There will be an organizational meeting the first week of the Spring 2013 semester. Students must attend this session in order to enroll in the course.

  • LAW 446 - Small Business Plan

    Prerequisite(s): LAW 311 - Federal Income Tax  Suggested but not required: LAW 303 - Corporations I  or LAW 320 - Business Associations .

    The students will explore alternative solutions to planning issues encountered by small businesses, including formation, compensation to labor and capital and retirements. The course emphasizes income tax planning but requires the synthesis of state partnership and corporate law, and other non-tax rules with tax planning.

  • LAW 446 - Small Business Planning

    Prerequisite(s): LAW 311 - Federal Income Tax  Suggested but not required: LAW 303 - Corporations I  or LAW 320 - Business Associations .

    The students will explore alternative solutions to planning issues encountered by small businesses, including formation, compensation to labor and capital and retirements. The course emphasizes income tax planning but requires the synthesis of state partnership and corporate law, and other non-tax rules with tax planning.

  • LAW 447 - Patent Law

    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

    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

    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 dealth with, including: the structure of legal systems, the nature and possibliity 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

    A study of the product-related injuries to person and property. The major concentration will be on liability for injuries caused by defective and dangerous products, with additional consideration of product safey legislation.

  • LAW 452 - Employment Discrimination

    This course introduces the laws prohibiting discrimination in employment because of race, national origin, sex, religion, age, and disabilities. In particular, the course emphasizes federal statutory protections provided by Title VII of the 1964 Civil Rights Act, The Age Discrimination in Employment Act and the Americans with Disabilities Act. Students will have the opportunities to grapple with the theories at work in employment discrimination law, to trace the evolving judicial interpretations of the anti-discrimination statutes, and to learn practical skills at dealing with the special problems inherent in the litigation of employment discrimination cases.

  • LAW 453 - Administrative Law

    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

    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 455 - Sports Law

    This course will introduce a compendium of legal issues as they apply within the context of professional and amateur sports. The course will also provide both practical and theoretical approaches to sports industry legal issues. The negotiation of sports contracts, the argument of preliminary injunctions and the conducting of hearings on discipline and gender equity issues will be discussed. Readings will consist of case law in the sports area as well as sports law articles of interest.

  • LAW 456 - Employment Law

    This course addresses both the 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 noncompetition and other post employment obligations. The course will also include a brief review of unemployment compensation and workplace health and safety issues, address workplace privacy issues in the electronic/social medial age, as well as provide 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 457 - Entertainment Law Litigation

    This class will explore five major areas of litigation law (as opposed as to transactional questions) as they relate to the entertainment industry. We will spend time on the protection of ideas through contract and property theories, defamation, various rights of privacy, the right of publicity, and the First Amendment consideration overlaying several of these areas. LAW 459 - Entertainment Law  is not a prerequisite.

  • LAW 458 - Health Law and Policy

    This course will provide an introduction to some of the issues that lawyers face in the diverse practice area known as “health law.” The course will cover topics such as health care regulation and financing, health insurance regulation, legal and eithical issues around reproduction and dying, and duties and responsibilites in the patient-provider relationship. Class discussion will frequently focus on problems where students will be asked to act as lawyers who advise clients on options for how to proceed, weighing legal and non-legal factors. The course will involve some transactional work and counseling, as well as assessment of the risks of liability and a bit of policy discussion. The grade will be based on class participation and either (1) two memos involving research or (2) one research paper, which would satisfy the writing requirement. Students may choose which option they prefer. The top student papers will be featured in a symposium as part of the Benjamin Rush program. Regardless of the option, students will be subject to the usual curve for classes over 30 students (assuming more than 30 in the class total). There will be no final exam or laptops.

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

  • LAW 459 - Entertainment Law

    This course will provide an in-depth study of the components of transactions in the entertainment industry, including record deals, music publishing, book deals, film deals, television, talent representation by attorneys and managers, merchandising, licensing, and multi-media. Students will be expected to participate in at least one transactional project.

  • LAW 464 - Mergers & Acquisitions

    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

    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 469 - Family Wealth Transactions

    Prereq/Corequisite(s): LAW 311 - Federal Income Tax  and LAW 305 - Trust and Estates .

    A study of the tax and non-tax rules applicable to wealth transfers. The course will emphasize planning for intra- family transfers. It will also cover “liviling” wills, durable powers of attorney, and special problems associated with disability. The student will be required to synthesize federal gift, estate and generation skipping transfers with state property, decedent’s estate and trust law considerations.

  • LAW 470 - Internet Law

    The emergence of the internet and digital technologies that enhance our abilities to access, store, manipulate, and transmit vast amounts o finformation has generated a host of new legal issues for which lawyers of the 21st century must be prepared. Although many are trying to apply existing legal concepts onto problems arising in cyberspace, it is increasingly evident that this strategy is not always effective. The course will explore specific problems in applying law to cyberspace in areas such as intellectual property, freedom of speech, privacy, content control, and the bounds of jurisdiction. Familiarity with the internet and intellectual property law is helpful but not required.

  • LAW 470 - Law And The Internet

    The emergence of the internet and digital technologies that enhance our abilities to access, store, manipulate, and transmit vast amounts o finformation has generated a host of new legal issues for which lawyers of the 21st century must be prepared. Although many are trying to apply existing legal concepts onto problems arising in cyberspace, it is increasingly evident that this strategy is not always effective. The course will explore specific problems in applying law to cyberspace in areas such as intellectual property, freedom of speech, privacy, content control, and the bounds of jurisdiction. Familiarity with the internet and intellectual property law is helpful but not required.

  • LAW 471 - Consumer Law

    Coverage of some federal statutory and regulatory laws affecting consumer financing transactions. Included are the Truth in Lending Act, Fair Debt Collection Practices Act, and Federal Trade Commission regulations on [1] elimination of the HDC doctrine on financing of sales of personal property, and [2] certain credit practices in consumer loans.

  • LAW 472 - Med Malpractice & Health Care

    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 illustrating the impact of these laws on the litigation of medical malpractice cases. Students will then be asked to 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 a range of discovery, pretrial and trial exercises. The trial advocacy activities will include undertaking pre-trial discovery, witness preparation, juror selection, and closing arguments. The class will have the students engaging in all aspects of taking a medical malpractice claim from the filing stage to the jury verdict.

  • LAW 473 - Non-Profit Law Practice

    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 - Nat Security Law

    This course examines the structure and functions of the U.S. government by focusing on the pervasive issue of national defense. The student will study the institutional framework for national security - including the separate powers of the President and Congress, legal issues surrounding the formulation and implementation of national security law and policy, and the role of the Judiciary in the national security process. The course will also address the national military command structure and the interaction of the President and Congress in the areas general and covert war, intelligence collection, strategic stability, and arms control. The course grade will be based upon one short paper (approx. 10 pages), a final exam and class participation.

  • LAW 476 - Complex Civil Litigation

    This course will focus on the problems and procedures inherent in complex civil litigation. Class actions and other forms of multiple forum cases will be examined. We will discuss complex discovery issues, including electronic discovery, and their possible resolutions. Both pretrial and trial management of complex cases by the court as well as counsel will be presented. We will explore the use of alternative dispute mechanisms and the effect of claim and issue preclusion by judgments in complex litigation.

  • LAW 481 - Bioethics/Medical Ethics & Law

    This course will explore the manner in which the law affects ethical issues of national and individual health care as they impact the most acute questions of health care policy in the twenty-first century. Materials presented will cover emerging as well as developing issues relating to classic and contemporary constructs of ethical appraisal and analysis and their application to topics such as: legal and ethical issues of technical advancements in human reproduction, medical research involving human subjects, and organ harvesting and transplantation; definitions of death; accomodation of humanity in the dying process; and ethical considerations involving the administration and cost of health care to the totality of society. The course will be presented through traditional case and statutory material, integrated with analysis of prevailing and proposed medical, economic and ethical applications. Where appropriate, client oriented problems will be utilized to introduce legal practice reality into abstract issues of medical, legal and ethical principles.

  • LAW 482 - Transnational Litigation

    This course will explore some of the challenges faced when suing foreign defendants in American courts. We will consider issues such as the extraterritorial reach of American statutues, the limits of personal and subject matter jurisdiction, choice of law problems, problems in the discovery process, problems of enforcement, diplomatic interference, and some of the alternatives to traditional litigation, especially international arbitration.

  • LAW 483 - Principles of Intl Taxation

    This course will provide an overview of the problems presented by the taxation of income that has a connection to two or more jurisdictions and the solutions offered by different countries. While addressing issues common to all jurisdictions, the focus of the class will be on the approach of the United States to the taxation of inbound and outbound business activities. Issues considered may include jurisdiction, expatriation, techniques for relieving double taxation, tax havens and tax treaties, among others.

  • LAW 485 - Immigration & Citizenship

    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.

  • LAW 488 - Youth Law

    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.

  • LAW 493 - Labor Arbtrtn & Colctv Brgning

    This course will focus on collective bargaining and how labor arbitration had its genesis in the collective bargaining contract. The course will cover the “federal common law” that has developed in support of traditional labor arbitration. The course will cover how labor contracts are negotiated and discuss the arbitration provisions that are normally included in such labor contracts. The course will cover the possible expansion and use of labor arbitration as a substitute for employment litigation in the courts. The course will emphasize both the theoretical and practical application of the arbitration system to current employment issues. A paper will be required in lieu of an exam; however, the course does not satisfy the writing requirement.

  • LAW 496 - Intl Business Transactions

    This course analyzes the international law, United States law, and selected foreign law issues regarding doing business abroad. The course is conceptually organized into three primary areas: international sales, international licensing of intellectual property, and foreign direct investment. We will examine particular sub-issues related to and arising out of these three primary areas of focus. The course is taught with a particular emphasis on planning and structuring an international business transaction, using actual contracts for purposes of illustration. The course emphasizes a transactional (not litigation) approach to the practice of law, that is, advising clients, planning and structuring a transaction, drafting contracts. Because this is an internationally oriented class, transactions studied will be those that involve issues that cross national boundaries (ie buyer and seller, licensor and licensee are in different countries). Students who have taken IBT in the Madrid Summer Program are not prohibited from taking this course.

  • LAW 497 - International Trade Law

    This covers the regulation of international trade at the international level by organizations such as the World Trade Organization, at the regional level by such arrangements as the North American Free Trade Agreement, and at the national level by the U.S. and its principal trading partners through various U.S. trading institutions. Topics include the constitutional allocation of authority over international trade in the U.S., customs law, non- tariff barriers, import relief measures and other trade remedies, government procurement, trade in services, regional economic integrations, and the need to examine trade issues in relation to the new trade agenda, namely labor and environmental issues and the protection of intellectual property rights.

  • LAW 498 - Law Practice Management

    Introduces law office management enhanced with modern technology. Includes hardware and software selections, practical issues relating to email, mobile computing, electronic timekeeping and billing systems, use of video-conferencing, project management, case management, security, social networking and the practice, marketing, business plans, presentation systems, remote court reporting and technology-related issues.

  • LAW 501 - Law and Social Justice Seminar

    This seminar will discuss whether and to what extent our legal system, including its law schools, perpetuates or counteracts social injustice. Many of the readings derive from modern critical legal theory, particularly critical race theory and radical feminism, and from liberal and non-liberal responses thereto. These readings primarily address the subordination of particular groups in our society and ways in which taken-for-granted legal categories–such as objective/subjective, public/private, and negative rights/postive rights–serve to entrench hierarchies of power and wealth. Other readings include foundational political theories (e.g., Mill, Rawls, Nozick) and classic texts on topics such as civil disobedience and justified revolution. Discussions will mostly be student-directed.

  • LAW 503 - Military Law Seminar

    This minicourse in Military Law is an intensive and critical introductory examination of the foundational aspects of criminal law and procedure in the armed forces of the United States. Topics will include sources of military criminal law, the application of the Bill of Rights, alternatives to prosecution, prosecutorial control by the convening authority, the nature of the military “jury,” judicial independence, and the appellate process. Where possible, a comparative approach will be used. Although this is largely a seminar, lecture will be used to introduce critical subjects. A graded paper is required; there is no examination. The course will be taught in five evening sessions the first two weeks of the semester, with the possibility of at least one optional session later in the semester. The text will be Fredric I. Lederer, “Military Law, Cases and Materials” (draft 2003 edition) which will be supplied. Francis A. Gilligan & Fredric I Lederer, “Court-Martial Procedure” 3rd edition 2006) (with 2012 supplement) will be made available. Note that this course does not address military commissions or the law of war.

    This course satisfies the writing requirement.

  • LAW 505 - Problems in Constitutional Law

    This course will compare the ways countries and cultures approach and reify constitutional issues. Transnational constitutional norms and themes will be analyzed. Readings, discussions and presentations will focus on issues such as roles and functions of constitutions, economic and social protections, forms of government and balances of power, and consitutional protection of human rights. Constitutional processes in the modern era, including in post-conflict environments, will be examined. .

    This course satisfies the writing requirement.

  • LAW 505 - Sel Problems in Con Law

    This course will compare the ways countries and cultures approach and reify constitutional issues. Transnational constitutional norms and themes will be analyzed. Readings, discussions and presentations will focus on issues such as roles and functions of constitutions, economic and social protections, forms of government and balances of power, and consitutional protection of human rights. Constitutional processes in the modern era, including in post-conflict environments, will be examined. .

    This course satisfies the writing requirement.

  • LAW 509 - Legal Themes in Literature Sem

    Exploration of law and lawyering as seen through various works of literature. Readings drawn from novels, short stories, and film. Students may take the seminar for two or three credits. For two credits, students take a final exam. For three credits, students take the exam and write a paper in addition.

  • LAW 510 - Special Topics in Enviro Law

    This seminar will consider various topics regarding environmental law. The nature of the topics will change from term to term.

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

  • LAW 516 - International Organizations

    International Organizations The course aims to provide a comprehensive analysis of the legal status of international organizations and associated persons (as well as their privileges and immunities) and the conditions under which and the procedures by which states and other entities acquire membership of these international bodies, including the United Nations. The course also considers the functions and activities of international organizations, paying particular attention to how decision-making within these organizations are shaped not only by legal principles and interpretations of the UN Charter but also by non-legal considerations including policy and politics. An important aim of the course therefore is to highlight the tension between law and politics that frequently arises in the process of decision- making in the UN system and its constituent organizations. The course also examines the structure, jurisdiction and functions of the International Court of Justice as well as the nature and functions of the International Institutions for the protection of human rights. It also focuses attention on how the UN system has shaped responses to issues of war, peace and terrorism.

  • LAW 517 - Law & Development

    The seminar examines the manner in which law and state power are used (or misused) in tackling the problems of development in Africa (economic as well as political). The insights gained and the methodology developed in the seminar will be useful in determining the appropriateness of state power in the context of other developing countries as well. Satisfies the Writing Requirement.

    This course satisfies the writing requirement.

  • LAW 522 - Problems in Criminal Law

    This seminar will consider various topics regarding criminal law. The nature of the topics will change from term to term.

  • LAW 525 - Draft: Cor/Fin Lawyer

    Prerequisite(s): LAW 303 - Corporations I  or LAW 320 - Business Associations .

    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.

  • LAW 527 - Corp Governance & the Pub Corp

    This seminar explores current topics in the field of corporate governance, drawing on business and finance sources, as well as traditional legal materials. The class will delve into corporate theory, the increasing activism of boards of directors, the emerging powers of institutional shareholders, and the changing balance between shareholders, board, and management, and the impact of the courts in encouraging business enterprises. There will be a field trip. Satisfies the writing requirement.

    This course satisfies the writing requirement.

  • LAW 531 - Select Prob Criminal Justice

    This seminar will consider various topics regarding criminal justice. The nature of the topics will change from term to term.

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

  • LAW 531 - Sp Prob in Criminal Justice

    This seminar will consider various topics regarding criminal justice. The nature of the topics will change from term to term.

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

  • LAW 536 - Select Prob Security Reg

    This seminar explores the primary mechanisms of enforcement of the federal securities laws: criminal prosecution, civil enforecement proceedings by the Securities and Exchange Commission, class actions by private litigants, and arbitration of broker/customer disputes. The seminar will focus on enforcement mechanisms (imprisonment, injunctions, occupational bars, restitution, fines and civil penalties) rather than the substance of the securities laws. Completion of Securities Regulation is not required but may be helpful in understanding some of the materials. Satisfies the writing requirement.

  • LAW 542 - American Jury Seminar

    This seminar provides a broad overview of contemporary jury system management and trial procedure with an emphasis on current policy debates concerning the American jury. The course begins with a brief review of the history of the jury and current public perceptions of its role in contemporary society. It then examines the jury selection process from summoning and qualification procedures through voir dire. After a brief examination of jury behavior and decision-making based on contemporary social science, the course focuses on contemporary issues concerning the American jury in civil and criminal litigation. Specific topics include juror comprehension of expert testimony, civil jury verdicts and awards including punitive awards, racial and ethnic bias in criminal verdicts, and the effects of death qualification procedures in capital juries. Grades are based on a combination of homework assignments, short essays, a group project and class participation.

  • LAW 543 - Terrorism Seminar

    Terrorism is a special form of political violence that has been used throughout history by both states and sub-state organizations to sustain a wide variety of causes. This course examines the challenges faced in protecting against and responding to acts of terrorism, including the conflicts of law, jurisdictional limits imposed by international and domestic legal regimes, and the need to balance increased security measures against protection of civil liberties. The course satisfies the Writing Requirement.

    This course satisfies the writing requirement.

  • LAW 544 - Patent Litigation Seminar

    Prerequisite(s): Civil Procedure is a prerequisite.

    This seminar considers procedural and substantive issues surrounding patent litigation and administrative remedies that are available for patent disputes. Topics will include a broad range of issues relevant to the subject that potentially may discuss jurisdictional matters, pleadings, motions, discovery, jury trial, damage requests and post-trial motions. The exact selection of seminar topics will be identified on the seminar syllabus. Prior successful completion of Intellectual Property Survey or Patent Law is strongly preferred. This seminar is not intended to provide the basic coverage of Patent Law but rather it is intended to build upon the fundamental knowlege of that subject. For two credits, the students, in consultation with the professor, will prepare a footnoted or end noted research paper between 20 and 25 pages in length. For an additional credit, the minimum page requirement is 35 pages.

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

  • LAW 546 - Government Contracts

    This course will examine the processes by which the federal government awards and administers contracts ranging from acquisitions of multi-billion dollar weapon systems and large public works contracts, to routine purchases of office equipment and supplies. Discussions will focus on how federal contracting differs from contracting under state law, and address special topics unique to government contracting, such as procurement ethics, socioeconomic considerations, bid protests, changes, contract disputes and litigation, fiscal law requirements, and terminations.

  • LAW 547 - Selct Top in Americ Legal Hist

    This seminar will consider various topics regarding American Legal History. The nature of the topics will change from term to term.

  • LAW 549 - Property Rights Seminar

    This course focuses on the role that property rights play in society and on constitutional protection of private property. In addition to exploring the economic, social, and political roles of property, students will consider the extent to which government can regulate private property to protect the environment. Among other topics, students will explore conflicts between private property rights and public interests in the commons, including possible legal resolutions of those conflicts. Grading in this one-credit mini-course will be based on class participation and a 10 page paper.

  • LAW 552 - State & Local Govt Finance

    State and Local Government Finance: Power, Debt, and Special Interests. This seminar first will consider the basic structures restricting the borrowing of money by state and especially local government entities, the common state constitutional limitations on debt incurrence and the historical and policy reasons for such limitations. It also will consider the increasingly common devices by which such limitations are avoided or undermined. The seminar then will address the legal and policy issues raised by the increasing use of tax abatements, government funds and government borrowing to support a wide range of “private activities,” including public private partnerships, inducements to businesses to locate or expand and subsidies to professional sports teams.

  • LAW 558 - Sp Topics in Civil Procedure

    This seminar will consider various topics regarding civil procedure. The nature of the topics will change from term to term. This is a one-credit, graded course.

  • LAW 559 - Comparative Civil Procedure

    This course will examine the major rules, practices, and modern developments of civil procedure used in legal systems around the globe. Study will focus on dominant legal systems, including the U.S., U.K., Continental Europe and East Asia. Anticipated coverage includes global comparison of the following issues: jurisdiction over the parties, organization of courts and the bar, pleading of facts and allegations, obtaining and proving facts, summary proceedings and provisional remedies, and appellate process. Reform efforts and prospects for the harmonization of procedure may also be covered. Grades will be based on class attendance, class participation, and a substantial writing component.

  • LAW 560 - Comparative Corp Governance

    This short course will examine a range of coporate law governance issues from the comparative perspective illustrating the similarities and differences between approaches taken in the United States and in the European Union. Materials will include the OECD Code, NACD Agreed Principles, the EU Commission Action Plan, Sarbanes/Oxley legislation and EU Commission Recommendations. The subjects will range from director’s remuneration, takeover regulation to transparency obligations. The course will examine corporate governance issues from both American and European points of view.

  • LAW 561 - Legal Profession & Legislation

    Influence of Legal Profession on Legislative and Judicial Process George Wythe was the “Father” of the William & Mary Law School. He was an extraordinary lawyer who served in all three branches of Virginia’s government. Wythe’s curriculum insisted his students actively participate in mock legislative sessions which dealt with the substantive and procedural aspects of important legislation pending before the Virginia General Assembly. Wythe understood the inevitable and critical interplay between the legal profession, politics and public policy. History suggests the legal profession has disproportionately impacted legislative outcomes. Our focus this semester will be to examine how this principle remains a truism in the 21st century. In 2007, the Virginia General Assembly passed the the highly controversial “Omnibus Transportation Bill” that was dramatically impacted by the legal profession at every conceivable stage; and ultimately declared unconstitutional by the Virginia Supreme Court. This course will use this bill as a framework to more broadly examine the legal profession’s influence on both the substantive and procedural history of legislation. Active student participation will be expected as we analyze, dissect and advocate as appellants and appellees the constitutional merits of this legislation, offering individually, student drafted amendments to cure any constitutional infirmities.

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

  • 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 ¿constitutionalized” the family­ mandating application of select constitutional clauses in deciding many family law disputes. This seminar examines the development of the Court¿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, women¿s political participation, the regulation of gender issues by customary law in plural legal systems, women¿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.

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