Advanced Criminal Procedure: Anatomy of a Homicide (3 hrs.) - PW, EL, TP
This practical seminar in advanced criminal procedure will immerse students in the facts of a First Degree Pre-Meditated Murder. Detailed and vibrant class discussions will tackle such issues as witness intimidation; cooperation agreements; use of the grand jury; attorney-client relationships; investigation and disclosure of exculpatory information, jury selection, affirmative motions practice and much, much more. Classroom discussions will not be abstract or theoretical. Rather, each discussion will grapple with issues presented by the facts as students assume the role of the litigators assigned to the case. Throughout the semester, students will acquire the tools necessary for both prosecutors and defense lawyers to properly investigate, prepare and bring to trial a serious and complex criminal case. There will be no final examination. Rather, students will be expected to conduct original research and draft three motions during the course of the semester. Students will be expected to make themselves available for the entirety of one business day to attend court proceedings in the trial of a homicide. Prerequisite: Criminal Procedure: Investigative Process. Recommended that students have completed, or are concurrently taking, Criminal Procedure: Post Investigative Process. Mr. Gorman. [Catalog 669]

Advanced Evidence (2 hrs.) - PW, EL
This course teaches students how to apply evidentiary concepts in litigation.  Students review key principles of the Federal Rules of Evidence before honing issue spotting skills in discovery, trial, and direct appeal.  Students litigate substantive evidentiary issues against their classmates through written pleadings and oral argument in mock trial and appellate settings.  Students will complete a writing portfolio to satisfy one half of the upper-level writing requirement.  Prerequisite: Evidence.  Mr. Sharifi. [Catalog ]

 

Advanced Issues in Corporate Law - Corporations and Human Rights (2 hrs., Rome)
Throughout the world, corporations play increasingly important roles with respect to human rights.  The manner in which corporations deal with natural resources, supply chains, the environment, and a host of other issues, as well as the ways in which corporations interact with international, national, regional and local authorities, can profoundly impact human rights. This course will address the role of corporations in human rights issues, consider some of the most significant existing and emerging legal rules and norms with respect to global business and human rights, and look at both opportunities and obstacles to legal protection of human rights in the international business arena. Prof. Duggin. [Catalog 405]

Advanced Issues in Corporate Law - Human Rights Compliance (2 hrs.)
Throughout the world, corporations play increasingly important roles with respect to human rights.  The manner in which corporations deal with the human costs of supply chains, including child labor and modern-day slavery; water rights; extraction of natural resources; environmental impacts; conflict zones; and a host of other issues can profoundly impact human rights. In recent years, a whole new discipline of human rights compliance has begun to emerge in both the public and private sectors, and law firms and other professional organizations are developing new practice areas in the field. This course will address the role of corporations in human rights issues, consider evolving regulations and norms with respect to global business and human rights, and study the practices and tools used by lawyers and other professionals practicing in the field of human rights compliance. Prof. Duggin. [Catalog 405E]

 

This course will develop students’ writing and research skills by guiding them through the process of researching for and writing a case note on a pending Supreme Court case. The first component of the course will be devoted to the development of advanced legal research skills including planning research strategies, field research, research in public records, constitutional law research, statutes, legislative histories, tracking legislation, treaties, administrative and executive publications, agency rules, regulations and adjudications, government documents, case finding, case verification, secondary sources, looseleaf services, LEXIS, WESTLAW, Internet resources, nonlegal research, and specialized legal research. The remainder of the course will be devoted to the refinement of writing skills, focusing particularly on organization, use of authority, and development of an effective writing style. Successful completion of this course fulfills one half of the upper-level writing requirement. Students who are taking or have already taken Advanced Legal Research or a course on legal literature taught by the School of Library and Information Science may not take this course. Ms. Baskir, Prof. Harmon. [Catalog 443]

This course will examine the connections between political theory and American constitutional theory, including originalist and non-originalist theories.  Topics include the relationship between the individual and society, how much deference (if any) is owed to the decisions of prior generations, and the historical development of American constitutional theory. Students will read works by important political theorists like John Locke and Edmund Burke, as well as significant works of constitutional theory by scholars like Randy Barnett and David Strauss.  Students who have taken the 'Human Rights and the Liberal Society' course in Rome are not eligible to take the 'American Constitutional Theory' course.  Similarly, students who have taken 'American Constitutional Theory' may not take 'Human Rights and the Liberal Society'. Prof. Alicea. [Catalog 604B]

Antitrust (3 hrs.)

A study of those federal statutes intended to preserve the benefits of competition in unregulated industries. The course considers the impact of the Sherman Act, the Clayton Act as amended by the Robinson-Patman Act, and the Federal Trade Commission Act on the practices and structure of American business. The course includes some economic analysis, but a background in economics is not necessary. The relevant concepts are developed throughout the course. Prof. Perez, Mr. Rooney. [Catalog 581]

 

Students will study standards of appellate review, review of the trial record, and appellate practice techniques. Instruction will focus on the presentation of a simulated case to a federal or state appellate court. Students will review the trial record for appealable issues, submit an appellate brief, and argue the case orally before panels of judges and attorneys at the Appellate Advocacy Competition. Successful completion of the Lawyering Skills course is a prerequisite to enrollment in this course. Successful completion of the appellate brief in this course fulfills one half of the upper-level writing requirement. The final grade is based on evaluation of the student’s written work, oral advocacy, and class participation.

Ms. Fair. [Catalog 401]

 

This course offers to students a review of all seven subjects that are currently tested on the Multistate Bar Examination:  Civil Procedure, Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Property, and Torts.  For each subject, students will be offered a review of all or some critical portion of the legal doctrine in that subject area that is tested on the Multistate Bar Examination, followed by detailed in-class analysis of actual Multistate Bar Examination questions and, in some cases, state essay questions in that subject.  The final exam in the course will consist of multiple-choice questions designed to look very much like actual Multistate Bar Examination questions.  Prof. Attridge, Prof. Colinvaux, Prof. Fishman, Prof. Rienzi, Prof. Scordato, Prof. Winston. [Catalog 746]

 

This is a survey course that introduces students to major legal issues relating to visual art. Topics will include artist's rights (such as copyright and moral rights); cultural property disputes over visual art and antiquities (such as the dispute over whether the Elgin Marbles should be returned); plundering and destruction of artworks during times of war (such as Nazi looting of artworks); forgeries and problems of authenticity in the art market; the major players in the art market, including dealers and collectors; the inner workings of art auctions and the legal rights and duties of art auctioneers and art dealers; the legal structure of art museums, including some issues of internal management and governance, and some tax issues relating to  gifts to museums; some tax and IP issues relating to the commercialization of museum collections (e.g. merchandising, corporate sponsorship; use of facilities); and some First Amendment issues relating to visual art. 
 
The course has a practical focus; one of the goals is to introduce students to some of the many possible careers that you might pursue in various aspects of art law.  We incorporate many great speakers from DC's very extensive local art and museum community.  In addition, some classes are held as field trips, to experience the DC art scene first-hand.  The approach of this course is to paint with a broad brush.  As a seminar, we will focus on discussing broad themes and issues in a fairly wide-ranging way, rather than, as in some other courses, the minutiae of a smaller number of doctrines.  Students can opt to write one long paper, which meets the writing requirement as a qualifying course paper, two shorter papers, or take an exam.  Prof. Fischer [Catalog 311]

This course is a survey course that explores art and cultural heritage from the perspective of human rights. We will examine the extent of human rights protection in international treaties and national laws (focusing in particular on American, European, and Italian law) for cultural heritage, artistic productions, and participation in cultural life. We will learn about the complex, multilayered regime of public and private regulation of art and cultural heritage, as well as the tensions between interests of the many public and private stakeholders, including nation-states, museums, art dealers, artists, and the general public. Some of the issues that we will study include artist's rights in visual art, including copyright, moral rights and droit de suite; international movement of art and antiquities and the illicit international trade in art; ownership of native cultural objects; plundering and destruction of works of art in times of war and military conflict; and government censorship of art and support of art. Students will not only discuss theoretical issues, but will also have many opportunities to explore the cultural heritage of the "Eternal City" and Vatican City. Prof. Fischer [Catalog 311A]

In the United States, modern disputes relating to human rights often take place through the development and application of administrative law. This course will therefore use administrative law as an entry point to engage with philosophical foundations for human rights, and will consider how those foundations inform our understanding of how human rights may be supported or undermined by various aspects of administrative law. A central focus of the course will be on virtue ethics, including works by Aristotle and St. Thomas Aquinas. In addition to engaging with thinkers from Athens and Rome, students will take intellectual pit stops in Germany (e.g. Kant) and England (e.g. Bentham and Mill) in order to better compare and contrast virtue ethics with its deontological and consequentialist counterparts. Students will be required to write a final paper and make one or more presentations relating to the assigned readings. Prof. Squitieri [Catalog 263]

This course surverys the evolving legal and regulatory environment within which banks operate. Areas of coverage include the history and structure of the federal and state regulation of banking generally (i.e. the "dual banking system"); criteria and limitations on chartering, merging, branching, and interstate banking; principal controls on the business of banking (deposit taking, lending, securities and insurance activities), including activities of holding company affiliates; regulation of troubled financial institutions; liability of officers, directors, and professionals; operation of foreign banks in the United States. This course also emphasizes the social and policy issues raised by the regulation of the banking industry. Prof. Schooner. [Catalog 631]

 

Students taking this course should register for two or three credits of fieldwork under the course titled “Legal Externships” or they should enroll in one of the CUA clinical courses.

 

This course is required for second-year students in the Law and Public Policy Program and is open to other students if space is available. In consultation with the instructor, each student selects either a live-client clinical course or a field placement at which to do uncompensated legal work under the supervision of an attorney at a nonprofit organization, a government office (executive, legislative, or judicial branch of federal, state, or local government), a law firm, or a corporation. Placements and clinical courses should involve the students in the development or implementation of law and/or public policy, and must be approved by the instructor. Students enrolled in externships receive one credit for each 60 hours of fieldwork. Students are encouraged to complete three hours of fieldwork credit but may elect to complete only two fieldwork credits. For additional information about the externship program, refer to the description of "Legal Externships".

 

This two-credit seminar will include reflective oral and written dialogue and readings designed to foster learning from the field and clinical experiences, to advance the students’ professional development and to allow discussion of a range of public policy issues. Participants study various aspects of their own and others’ field experience, including the goals and operations of the organizations where they are working, the process and problems encountered in the making or implementation of law or policy, the professional conduct and roles of the lawyers with whom they work, and other topics. The course will expose students to a wide variety of legal organizations and substantive fields. The course is designed to assist students in identifying professional goals and paths through which they might pursue those goals. Mr. Castro. [Catalog 432]

 

 

This course serves as an introduction to various federal civil rights laws that prohibit discrimination on the basis of race, sex, gender identity, religion, national origin, disability, and various other identity statuses.  We will explore statutes that have transformed America's modern landscape, including the Civil Rights Act of 1964, the Fair Housing Act of 1968, the Voting Rights Act of 1965 and the Violent Crime Control and Law Enforcement Act of 1994.  Issues covered will likely include employment, housing, voting, education, policing/criminal justice, affirmative action, hate crimes, and other issues of interest to students.  Throughout this course, we will discuss the historical origins and context of these laws, whether they offer adequate protection to various groups of people, and whether they continue to be relevant today.  We will also examine the legal standards required to prevail in the enforcement of these laws and prevalent defenses.  These laws and issues will be analyzed through constitutional principles, case law, regulations, politics, policy, history, and current events. Prof. Colinvaux, Mr. Lyles. [Catalog 648]

The Families and the Law Clinic is designed to help students develop lawyering skills while focusing on a particular area of practice: domestic violence, family law, or immigration law. Whether a student is interested in family law issues or another area of law, the Families and the Law Clinic gives individualized instruction in and exposure to many aspects of legal practice that will be useful for future practice in a wide variety of fields. Among the skills developed in the clinic are oral argument, trial advocacy, legal interviewing, witness preparation, client counseling, case preparation, fact investigation, drafting motions and pleadings, and discovery practice.

 

Students will assist victims of domestic violence in obtaining temporary and permanent restraining orders in D.C. Superior Court. Students may also represent clients in general domestic relations litigation. Cases can address issues such as divorce, custody, visitation, property distribution, and child support. All cases involve emergency protective orders. In addition to individual case representation, each student will work on a community legal education project during the course of the semester. Some of the projects include working at a shelter for domestic violence victims, providing limited legal assistance at the Superior Court's Self-Help Center, and helping negotiate settlements of domestic relations cases in Superior Court.

 

Students are expected to spend 17-20 hours per week working at the clinic. Three of the hours will be spent attending a weekly seminar class that focuses on skill building, professional responsibility, substantive domestic violence and domestic relations law, and case rounds. Faculty members meet with students on a weekly basis. Faculty and peers provide critiques for students after simulations and after live client counseling and oral advocacy opportunities.

 

Students new to the clinic will register for five or six credit hours; students approved to continue in the clinic will register for three credit hours. This course is graded, with a pass/fail option with permission of the course professors. A student may request to complete a writing portfolio which fulfills a portion of the upper-level writing requirement. Prof. Klein [Catalog 945]

 

 

In a transactional approach, the course treats the creation and effect of financing arrangements and other secured transactions in personal property; the rights of third parties claiming interests in the collateral; and the use of checks, notes, and electronic payment techniques. The course combines materials traditionally taught in separate courses on negotiable instruments and secured transactions. Principal emphasis is the Uniform Commercial Code as the prevailing commercial legislation, but the impact of the common law, the Bankruptcy Act, and other pertinent authority also is considered throughout. Mr. Danzig, Prof. Miles, Prof. Schooner. [Catalog 466]

Comparative Law (2 or 3 hrs.) — AW

The purpose of this course is to provide the student with knowledge about the basic legal systems in the world. Special emphasis will be given throughout the course to legal systems in Great Britain, France, Germany, and the countries of the former Soviet bloc. The course begins with discussion of legal education and the legal professions in these countries. The basic principles of British, French, and German constitutional law are studied to provide the political background necessary to compare these legal systems. The course also examines judicial structures and court organization, as well as key principles of criminal and civil procedures. On occasion, this course may be offered as a three-hour course for administrative convenience. Prof. Fischer, Prof. Madrid San Martin. [Catalog 637]

In this course, students will study the field of corporate compliance, including pertinent statutory principles and law enforcement initiatives, the creation and implementation of compliance programs, the development of related ethics policies and codes of conduct, and attendant professional responsibility issues. Students will also explore a variety of perspectives on holding business corporations and other entities legally and ethically accountable, including emerging norms of corporate responsibility and new forms of social enterprise.  Prof. Duggin. [Catalog 405B]

 

 

The course introduces students to the problems arising when clients are confronted with private law matters having multistate or multinational elements. The course emphasizes the traditional concerns of conflicts of law, jurisdiction of courts, choice of law, and the recognition and enforcement of judgments. Prof. Destro, Dean Payne, Prof. Perez. [Catalog 407, 471]


Constitutional Law: Structure, Separation of Powers, Federalism (formerly Con. Law I) (3hrs.)
Constitutional Law: Structure, Separation of Powers, Federalism introduces students to the study of the powers of the three branches of the federal government, as well as the balance of power between the federal government and states. The course addresses the basis for, various aspects of, and limits on the federal judicial power with respect to judicial review, justiciability doctrines, and sovereign immunity, including the Eleventh Amendment. Federal legislative powers studied include the commerce power, the taxing and spending power, and congressional enforcement powers under the Civil Rights Amendments. The study of federal executive power explores express and inherent presidential powers and limits on these, including the appointment and removal powers, executive privilege and immunity, foreign policy, war powers, and controversies over the scope of executive powers. The study of federalism encompasses the relation of federal and state governments in a federal system including intergovernmental immunities, the negative implications of the Commerce Clause, the Supremacy Clause, the Article IV Privileges and Immunities clause and preemption. Prof. Alicea, Prof. Hartley, Prof. Rienzi, Prof. Walsh. [Catalog 114, 271]

Constitutional Law: Individual Rights and Liberties (formerly Constitutional Law II) (3 hrs.)
Constitutional Law: Individual Rights and Liberties focuses on the study of individual liberties and civil rights guaranteed by the Constitution. The course considers the Bill of Rights, the Civil Rights Amendments, other textual provisions safeguarding individual rights, and unenumerated rights protected by the Constitution. Students will study the incorporation of the Bill of Rights with respect to the states and consider the extent to which the rights protected by the Constitution apply to private actions deemed to constitute government conduct under the state action doctrine. Individual rights studied include freedom of speech, press and religion under the First Amendment; rights guaranteed by various clauses of the Fifth and Fourteenth Amendments, including due process (both procedural and substantive), equal protection, and the Fourteenth Amendment Privileges or Immunities clause; as well as rights protected by the Contracts and Takings Clauses. Prof. Alicea, Prof. Hartley, Prof. Rienzi. [Catalog 272, 604]

Construction Law (2 hrs.) - EL
On any given day, construction lawyers deal with issues ranging from contract law, civil procedure, land use, zoning, torts, employment, ethics, consumer protection, commercial transactions, and insurance and suretyship. Students enrolled in this course will gain a valuable understanding of the business and legal principles underpinning the construction industry. The course will be structured to include a hypothetical project in the D.C. area. Depending on the lesson, students will assume the role of attorney for the project's owner, the contractor, the architect, or the tenant(s). The course will follow a typical lifespan of a construction project, from project inception to selecting an architect, selecting a contractor, constructing the building, to selling the project to a new owner and/or renting it to a tenant(s). Along the way, students will encounter legal issues that arise and discuss them as a group. Woven through all classes will be discussions regarding the business aspects of construction law, as well as potential ethical issues. Mr. Germano. [Catalog 768B]

Contracts (6 hrs.)
A study of the fundamental principles of contract law, as expressed in the common law, Article Two of the Uniform Commercial Code, and the Convention on Contracts for the International Sale of Goods. Topics include: formation; defenses to enforceability; parol evidence; performance, breach, and discharge; remedies; and third party rights. The course incorporates exercises designed to teach practical skills relevant to the course doctrine, including negotiating and drafting. In addition, the course is designed to teach analysis of common law and statutes and the application of law to factual situations. Prof. Perez, Prof. Schooner, Prof. Winston. [Catalog 119, 120, 179, 180]

Contract Drafting and Negotiations (2 hrs.) - PW, EL
This course is designed to empower students to draft and negotiate contracts to support dynamic business in any transactional practice, while building lasting business relationships - especially with the other side. Mr. Castor, Ms. Michaud. [Catalog 535F]

This course covers the nature and subject matter of copyright, including literary, artistic, and musical works; computer software; and motion pictures; how copyrights are acquired, licensed, and enforced; the fair-use privilege and other limitations on the copyright owner’s rights; and principles of international protection. Prof. Fischer. [Catalog 542]

Corporate Finance Seminar (2 hrs.)

The course entails the study of the fundamental principles in the fields of agency, unincorporated businesses, corporations, and securities regulation, examined in relation to the functioning of the corporate enterprise. Both publicly owned and closely held corporations are considered, with detailed consideration of basic formation, issues of governance, and shareholder rights, as well as additional attention to more advanced areas relating to conflicts of corporate control, questions of corporate responsibility, and shareholder input in corporate decision making, and federal regulation of capital formation and investor interests. Prof. Duggin, Prof. Schooner. [Catalog 206, 452]

Criminal Defense Clinic (4 hrs.) - EL, TP
The Criminal Defense Clinic is a four credit, one semester course which provides eligible students with a rigorous and intensive exposure to criminal defense practice through a combination of actual trial practice and classroom work. Students are assigned to work in a public defender's office, where they defend criminal cases in the trial or juvenile courts. After a short orientation, students are given a docket of cases for which they are responsible. Under the supervision of an assistant public defender, the students engage in investigation, plea bargain negotiations, motions practice, and criminal trials to the court. In addition, students have many opportunities to evaluate different styles of lawyering by watching criminal trial lawyers in action. To supplement and refine their practice experience, students attend a weekly class in which they discuss their pending cases and what they have encountered in court. Students must be eligible for certification under the relevant state student practice rule. This course is graded on a pass/fail basis.  Ms. Brice, Ms. Carpenter. [Catalog 912A]

Criminal Justice Reform: Policy and Politics in the 21st Century (2 hrs.)
With more than two million adults and children behind bars, the United States leads the world in its rate of incarceration. In recent years, politicians and leaders across the political spectrum have recognized that our criminal justice system is fundamentally broken and in desperate need of reform. And yet there are tremendous political barriers to achieving such reform. This seminar will explore the myriad ways in which American criminal justice is flawed, policy measures designed to repair the system, and the prospects for meaningful reform in the current political context. This seminar will examine several key questions.  How did the current crisis in criminal justice come about? What are some of the most pressing aspects of the crisis today? And what reforms are available and politically feasible? Further, the group will examine an array of substantive topics, such as mass incarceration; access to counsel; race and class-based discrimination in the system; and the realities of incarceration in the 21st century, including over-crowding and solitary confinement. Prof. Drinan. [Catalog 606A]

This experiential program is designed to introduce students to practices and trends in modern prosecution practice. A partnership with the District of Columbia Office of Attorney General (OAG), this program will teach each student how to be an effective prosecutor by allowing students to work directly with OAG prosecutors in handling select juvenile cases pending in the District of Columbia Superior Court. Students will be taught by OAG prosecutors how to work through juvenile criminal cases from charging decisions, to pleas, and trials. Students will be assigned specific cases for which they will be responsible to handle in conjunction with the lead prosecutors. The work will include conducting legal research, drafting motions, investigating and evaluating cases, working with victims and witnesses, and developing compelling arguments to further the cases. This program, through pre-trial work and a classroom component, will focus on helping students acquire and develop basic pre-trial and trial lawyering skills essential to the effective prosecution of cases. Students will become familiar with substantive legal principles that arise frequently in criminal prosecution, such as self-defense, and aiding and abetting. Students will also learn how to work through ethical issues germane to juvenile prosecution.

In addition, students will be taught how to analyze cases through the lens of a modern prosecutor. Students will learn about juvenile and adolescent brain development and its effect on delinquency. Students will also learn about alternatives to traditional prosecution, such as restorative justice and diversionary programs. Through discussion with the course instructor and classroom guests, students will learn to think critically about how to reduce crime and positively impact the lives of the individuals connected to their cases. Students are expected to devote 16 hours per week to work in the OAG and attend a weekly, two hour, seminar designed to prepare students to work effectively and ethically in a prosecutor's office. Students will be required to complete assigned substantive writing projects related to their work.  These projects will be evaluated by the instructor.

The number of students accepted into the Program depends on the number of positions available at the OAG. Students must be two thirds through law school as per court rules. Prerequisites for this course are Criminal Procedure and Evidence. Grading is pass/fail. Ms. Guerrero. [Catalog 974B]

The Estate Planning Clinic is designed to help students develop lawyering skills while providing estate planning services to clients in the local community. Students will take clients through the entire estate planning process, starting with the intake process and ending with the document signing ceremony. Students will learn: (i) how to spot and deal with ethical issues, (ii) probate and non-probate estate planning considerations, (iii) trust-based estate plans versus will-based estate plans, (iv) incapacity planning techniques, and (v) how to interact with clients. Students will learn how to draft wills, trusts, health care directives and powers of attorney. Students will learn how to educate clients and to advise clients regarding distribution of property at death and selecting fiduciaries.  Prerequisites: Trusts and Estates or permission of the instructors. Ms. Meinken, Mr. Wright. [Catalog 970A]

This course serves as a historical, ethical, and philosophical introduction to various traditional and new human rights. For each human right we will discuss the historical origins, one battle related to that right, and the ends, values and principles that govern the topic. The course begins by discussing how courts, authorities, researchers, and people deduce human rights (the methodological question). This discussion will provide the participants with some key intellectual tools that will later help them to analyze many topics. Then, the following topics will be discussed: bioethics, life, health, transhumanism and human rights; environmental rights; political rights; freedom of movement, residence, domicile and assembly; the right to home, to the traditional land and to global citizenship; family rights; indigenous peoples and minorities; identity, the right to fashion, cultural rights; the new wave of digital rights; the right to feast and festivals, to hope, to dialogue, and to the city, among other new proposals. Students can opt to write one long paper, which meets the writing requirement as a qualifying course paper, two shorter papers, or take an exam. There are no prerequisites for this course, and scientific background is not required.  Dr. Riofrio. [Catalog 799C]

Evidence (4 hrs.)

This course will provide an overview of some of the central legal and policy issues that arise in family law. The course will cover the law that governs marriage, nonmarital relationships, divorce, custody, visitation, child and spousal  support obligations, division of marital property in the context of state, federal, and constitutional standards.  The course may cover other related topics such as adoption and domestic violence. The course will explore cultural and historical perspectives that help to explain how the legal rules have evolved and continue to evolve. Students will be encouraged to think critically about the problems that are sought to be addressed in family law and to be able to evaluate where the legal system succeeds and fails in addressing these problems. Prof. Kirk, Prof. Uddin. [Catalog 704]

This course examines the changing landscape of federal regulatory authority in recent and future decisions of the U.S. Supreme Court. After providing an overview of basic separation of powers and federalism principles, the course turns to significant controversies about the scope of federal regulatory power that have arisen in recent years or are likely to arise in the near future at the Supreme Court. Topics include the nondelegation doctrine, the major questions doctrine, presidential removal power, and judicial deference to the statutory and regulatory interpretations of administrative agencies. The course provides a useful introduction to some of the major risks and opportunities of the regulatory environment for those doing business in the United States or with American entities. Prof. Alicea. [Catalog 636A]

This is an advanced course in constitutional law, addressing primarily separation of powers questions in the context of national security law issues.  Constitutional Law I and II are required courses. Constitutional Law II may be taken concurrently.  The course examines a number of specific constitutional and statutory doctrines regulating the conduct of American foreign relations. Included among the issues are the status of international law in U.S. courts, the scope of the treaty power, the validity and effects of executive agreements, the validity of state foreign relations activities, the powers to declare and conduct war, the regulation of intelligence activities (both foreign and domestic), and the political question and other doctrines regulating judicial review in foreign relations and national security cases.  Where relevant, we will focus on current events, such as military detention of alleged terrorists, human rights litigation against multinational corporations, the prosecution of piracy, and controversies over immigration enforcement.  A traditional hypothetical exam will serve as the primary basis for the student's grade, but the professor reserves to the right in accordance with the academic rules to adjust grades for class participation and any written exercises. The professor will be open to considering supervising directed research project proposals in the semester following successful completion of the course.  Students who have previously taken, or are currently taking, the National Security Law and Policy Seminar course cannot also take this course.  Prof. Perez. [Catalog 754]

This seminar examines the development of the law and legal principles with regard to sex-based discrimination in areas such as constitutional law, employment, and education.  Issues may include the use of sex-based classifications, sex-segregated facilities, pornography and free speech, sex-based discrimination, disparate treatment and disparate impact theories, sexual harassment at work and in schools, "hostile" workplace environments, unequal access to educational resources, Title IX, "protective policies" that deny women jobs on the basis of reproductive capacity, the "Glass Ceiling", and reproductive rights.  Cases, statutes, and the U.S. Constitution, as well as articles and other reading materials, are used to familiarize students with the laws against sex-discrimination, how such laws evolved, how to use the laws, and what remains to be done to ensure women are treated as equal citizens under the law. Prof. Drinan, Prof. Uddin. [Catalog 632]

This course provides an introduction to the legal and regulatory frameworks of the U.S. health care system, with a focus on government health care programs (e.g. Medicare and Medicaid) and the life sciences sector (e.g. drugs, biologics, medical devices and diagnostics). Selected topics include FDA regulation, reimbursement, government price reporting, clinical trials, fraud and abuse, compliance and enforcement. Students will become familiar with statutory and regulatory authority, as well as sub-regulatory guidance, in these areas. Topics will be examined through recent real-world examples, including the challenges created by COVID-19 and the ongoing public health emergency. Ms. Noronha Pinto. [Catalog 793]

 

Using a Catholic social teaching perspective, this course examines the increasing challenges to religious freedom in health care and the federal and constitutional laws protecting medical conscience rights for patients, medical professionals and health care entities.  This course also weighs the legal tension between protecting religious freedom under the First Amendment and safeguarding public health.  In addition, this course will consider bioethical and legal problems and prospective solutions for safeguarding the dignity and rights of patients and their families in health care. Mr. Brown. [Catalog 412C]

Trafficking in persons is a global human rights violation that constitutes a contemporary form of slavery. This course is designed to examine the various issues related to human trafficking, including forced labor, sex trafficking, bonded labor, debt bondage, involuntary servitude, forced child labor, child soldiers, child sex trafficking, organ trafficking, forced and early marriage, and domestic servitude.  Other related practices, such as the sale of children for irregular inter-country adoption and the sale of wives through transnational marriages, will also be covered. The course is designed to expose students to a survey selection of contemporary issues related to the trafficking in persons and efforts to combat it on both the domestic and international levels. The course will analyze the laws of the United States as well as relevant international conventions and protocols.  The American statutes reviewed consist of those addressing trafficking in human beings, including those related to alien smuggling, immigration, international aid, slavery, involuntary servitude, the transportation of a person in interstate or foreign commerce for the purpose of prostitution under the Mann Act, and the 2000 Trafficking Victims Protection Act, as amended in 2003, 2005, 2008, and 2013. The course will also cover the international trafficking prohibitions of the various international conventions including the Protocol to Prevent and Punish the Trafficking in Persons Especially Women and Children, the relevant portions of the UN Convention on Human Rights, and the UN Convention of the Rights of the Child, among many others. The course will emphasize the human rights based approach to trafficking in persons and the recognition of the trafficked person as a victim of a crime. The course will also inquire into the role of government corruption and organized crime in facilitating the crime of trafficking. Lastly, the course will examine practical obstacles and challenges to the implementation of U.S. laws. This will include national and international actors’ differing approaches to prevention and prosecution, enforcement challenges, and competing priorities. This course includes a qualifying course paper that fulfills one half of the upper-level writing requirement. Prof. Leary, Ms. Raspa. [Catalog 419]

This seminar will examine the ways in which international human rights law as well as U.S. immigration and refugee law offer protection to individuals whose civil, political, economic, or social rights have been violated in their home countries.  We will focus on asylum, remedies for unaccompanied minors, temporary protected status, and international human rights treaty protections.  Students will read case studies and participate in practice-oriented exercises to develop a real world understanding of the way in which lawyers pursue domestic and international remedies for victims of human rights abuses.  We will also explore the impact, from a human rights perspective, of recent proposals to reform U.S. immigration policy. Prof. Brustin. [Catalog 651B]

This course is designed to provide students with an understanding of U.S. immigration and naturalization law in the field of family, business and citizenship benefits.  Topics include family based green cards, employment based immigrant visas, non-immigrant visas, non-immigrant and immigrant visa waivers and the Deferred Action for Childhood Arrivals (DACA) policy.  At the conclusion of the course, students will possess a working knowledge of key elements of immigration and naturalization law, and understand ways in which they can incorporate this area of law into their future work as lawyers.  Students will also engage in activities which closely mirror an actual immigration law practice, while at the same time gaining an understanding of ethical and integrity issues which are unique to immigration. This course is complementary to the Immigration Law: Deportation and Asylum course. Judge Vargas-Padilla. [Catalog 650A]

News, opinions and messages are easily spread all over the world by social media. Messages usually arrive to several jurisdictions and are regulated by different laws, each one with quite different requirements.  Today it is not enough to understand well the national legal system. For those dedicated to mass media, knowing the international ethical and legal standards is a significant career advantage. The purpose of this course is to provide participants with knowledge about the most influential international standards in communications. Special emphasis will be given throughout the course to the legal standards of the American, European and Inter-American human rights systems, including some mentions of the laws of the United Kingdom, France, Germany, Argentina, Venezuela, and other socialist countries. The course begins with the ethical and philosophical discussion of the means of communication: What are communications for? What must be protected? What guidelines do ethics provide us? That discussion about the goals, values and principles of the law will provide participants with some key intellectual tools to analyze cases. These cases are related to mass surveillance, internet and freedom of expression, internet filtering, censorship, defamation and hate speech, tolerance, religious displays, privacy and the right to keep secrets, cameras in the courtroom, advertising and commercial speech, access to information, and the standards of violent, obscene, indecent and profane content. Students can opt to write one long paper, which meets the writing requirement as a qualifying course paper, two shorter papers, or take an exam. There are no prerequisites for this course, and scientific background is not required.  Dr. Riofrio. [Catalog 811A]

International Corruption and Compliance (1 hr.)

The World Bank estimates that more than 8% of the world's gross domestic product, or $4.9 trillion, consists of bribes paid to government officials and government contracts tainted by bribery. This figure exceeds the individual economies of every country on Earth except for the United States and China. To combat this staggering problem, the United States in 1977 became the first nation to criminalize the act of bribing foreign government officials.  Since then, the Foreign Corrupt Practices Act (FCPA) has become one of the U.S. government's highest enforcement priorities, second only to fighting terrorism.

 

This course will expose students to the Foreign Corrupt Practices Act and the growing number of international treaties and foreign laws designed to combat bribery worldwide. The course will provide an in-depth analysis of FCPA's anti-bribery provisions, relevant federal case law, U.S. government advisory opinions, and the hundreds of settlements used by the Department of Justice and the Securities and Exchange Commission that shed light on anti-corruption practices.  The course will also examine the provisions of the FCPA which require U.S. public companies to devise and maintain robust compliance programs to detect and prevent bribery.  The course will review FPCA corporate fines and penalties that routinely exceed $100 million, how they are calculated under the U.S. Sentencing Guidelines, the manner in which self-reporting serves to mitigate liability, and the growing focus on the prosecution of individuals for bribery crimes.  The course will take a practical approach, emphasizing what the various provisions of the FCPA mean for firm and in-house counsel alike, and the challenge of balancing compliance risks with business needs. Mr. Steinman. [Catalog 701]

This course examines both substantive and procedural aspects of international criminal law. Substantive-law topics include genocide, crimes against peace, crimes against humanity and war crimes. Procedural topics include extradition, mutual legal assistance, and the jurisdiction and structure of the international criminal tribunals, including the International Criminal Court and the international criminal tribunals for Rwanda and the former Yugoslavia.  This is an exam course. Mr. Phillips, Prof. Watson. [Catalog 607]

 

 

This course addresses a range of questions related to international investment law. This branch of international public law has already drawn special attention of legal scholars, but also due to numerous arbitration proceedings worldwide, it became a field of intensive legal practice. Emphasis will be put on the specificity on Bilateral Investment Treaties as sources of international law and on case law which plays the role of clarification and creation of legal standards. Students will also be introduced to the specificity of international responsibility resulting from international investment claims, which are partly based on international customary law. Furthermore, we will also examine the definition of investment, the definition of State, and learn about standards of investment treatment (Most Favored Nation, national, fair and equitable standards). We will also study about direct and indirect expropriation; standards of compensation; principles of the settlement of investment disputes, and about enforcement of arbitral awards. The course requires students' active participation: discussions, debates, presentations, collective and individual feedback providing on their individual and/or group tasks. Grade is based on class participation and/or final written examination. Dr. Szwedo. [Catalog 734A]

International Legal Issues in the Protection of Cultural Heritage and Sacred Space (1 hr.)

International Religious Liberty (1 or 2 hrs.)

This course will provide students with an overview of the federal securities laws as they apply to the raising of capital through public and private offerings of securities, the operation of public companies and the regulation of broker-dealers. Focus will be on the Securities Act of 1933 and the Securities Exchange Act of 1934, as those statutes have been amended over time.  Corporations suggested, although not required. Mr. J. Murphy [Catalog 591]

 

The core of this course is a three-credit course that considers the current legal problems in both labor-management relations law (the law that regulates the relationship between employers and unions) and employment law (the law that provides a floor of workplace protection for individual employees by statute, administrative rule, or through judicial decision). The labor law side of the course provides students an overview of the legislative, administrative, and judicial regulation of labor-management relations in the private sector and covers subjects such as the protection of the right of self-organization and the designation of collective bargaining agents; the negotiation and administration of the collective agreement; the legality of strikes; labor preemption; and employer interference with protected concerted activities. Among the major topics covered in the employment law side of the course are workplace torts; the employment-at-will doctrine; employee privacy rights, employee duty of loyalty, wage and hour legislation; workers’ compensation; and occupational safety and health. Mr. Higgins, Mr. Woodward, Prof. Hartley. [Catalog 585]

  

This course is mandatory for third- and fourth-year law journal members who supervise student writing projects (as determined by each editor-in-chief); it is optional for other third- and fourth-year journal members. During the first five weeks of the semester, the course focuses on topic selection, publication decisions, substantive editing, style editing, word editing, and professional working relationships. The instructor provides editing exercises and workshops and leads discussions of classic law review articles and trends in legal scholarship. For the remainder of the semester, students supervise and edit at least two student writing projects or critique or edit at least two other manuscripts submitted to the law journal. During this time the instructor conducts editing tutorials, as the need arises, and is available for student conferences. If a student has not completed the required editing assignments by the end of the first semester, work may continue into the second semester, in which case course credit will not be awarded until the end of the second semester. The journal faculty adviser, in consultation with the editor-in-chief, must certify that each student has successfully completed the required assignments. The course may fulfill one of the two upper-class writing requirements, but a student may not count BOTH this course and Law Journal Writing toward completion of the upper-class writing requirement. Prof. Harmon. 

This course is open only to students who are producing a writing project for one of the school’s law journals. These students must take this course if they choose to receive academic credit for their journal writing project or count it toward satisfaction of the upperclass writing requirement. Generally, students register for one credit for each of the two semesters; the credits are not awarded until the end of the second semester. During the first three weeks of the first semester, lawyering skills faculty conduct workshops that focus on writing skills such as organization, integrating research, transitions and headings, substantive footnoting, grammar and vocabulary appropriate to the journal audience, constructive use of editor and expert-reader feedback, and re-drafting. The instructor schedules writing tutorials for students throughout the year as need dictates. Students must complete a journal portfolio that includes all drafts of the writing project, an expert-reader’s comments, the supervising editor’s comments, the editor-in-chief’s comments, and a certification that the student attended all required workshops. The journal’s faculty adviser, in conjunction with the editor-in-chief, must certify the portfolio is complete and that the student’s Writing Project is of publishable quality. The course fulfills one of the two upper-class writing requirements, but the student may not count BOTH this course and the Law Journal Editing toward completion of the upper-class writing requirement. Prof. Harmon. 

This course provides an overview of the political and legal framework of the European Union’s institutions, trade relations, and legal and business implications of the European process of integration. The focus will be on the creation of the European Union, the structural framework and processes for the development of the European Union’s law, constitutional issues, and the roles of the European Court of Justice.  Dr. Kuklo. [Catalog 721]

Lawyering Skills (4 hrs. — 2 hrs. each semester)
In the first semester, students develop analytical skills, a clear and effective writing style, and the ability to research through drafting office memoranda. In the second semester, students learn advocacy skills through the writing of a memorandum in support of a motion, development of an appellate brief, and oral argument before a panel of attorney judges. Judge Durrer, Prof. Everhart, Prof. Harmon, Ms. Hawks, Prof. Mortellaro, Prof. Woods. [Catalog 101, 102, 161, 162]

Legal Analysis for the Bar Exam - Essay Questions (1 hr.; second half of semester)
This course will introduce students to the thought process and writing skills needed for success on the essay portion of the bar examination.  Grading will be pass/fail based on the timely and complete submission of assignments and good faith participation. Mr. McDermott [Catalog 769]

Legal Analysis for the February Bar Exam (1 hr.)
This one credit pass/fail course is designed to provide students who intend to graduate at the conclusion of the Fall semester with an introduction to all aspects of the bar exam.  The course will act as a condensed compilation of the three bar prep courses offered in the Spring semester - Applied Legal Studies, Legal Analysis for the Bar Exam, and Multistate Performance Test (MPT) Preparation.  This course will include substantive review of three MBE topics - Property, Contracts, and Torts - along with multiple-choice practice in these subject areas; essay writing and review for each subject area; and a practice MPT.  The course will be a hybrid online/in-person course with five in-class meetings.  Mr. McDermott [Catalog 769B]

Legal Aspects of Social Media (3 hrs.) - AW

Legal Drafting: Dispositive Motions (3hrs.) — PW, EL
Among the most basic litigation documents lawyers draft are motions to dismiss, motions for summary judgment, and answers to complaints.  This course prepares students to become practice-ready to craft these documents with technical proficiency and persuasive impact.  Motions to dismiss and motions for summary judgment are called dispositive motions because they seek to compel dismissal of law suits to spare the client from the high cost of trial or worse, from exposure to an adverse jury determination.  A well-crafted answer not only protects the client, but also preserves and strategically educates the court as to defenses.  This course is built upon a hypothetical employment discrimination law suit, and includes an in-class mock-deposition and meetings with the instructor.  Students are taught the underlying substantive law and the skills in drafting dispositive motions and answers.  Course objectives are to achieve proficiency in drafting these documents based upon fusion of the substantive and procedural law, analysis, strategy, and clear and persuasive document preparation.  The course assignments are to research and draft a set of motion to dismiss documents, a set of motion for summary judgment documents, and an answer with affirmative defenses.  The instructor has created an e-book for this class for distribution to students.  Successful completion of this course will satisfy one of the two upper-level legal writing requirements. Mr. Semler. [Catalog 535C]  

This course offers students an introduction to legal drafting, with an emphasis on such essential skills as writing with clarity and precision, conforming with statues and ordinances, using forms appropriately, achieving the goals of the clients, identifying and eliminating ambiguity, editing and proofreading a written product, and simplifying complex thoughts and ideas. This course will provide students with a thorough introduction to the principles of legislative drafting through the use of various techniques such as written exercises, peer critique, and in-class workshops. Documents prepared in the class are typical of those prepared in the legislative process. Through the course of the semester, students draft a minimum of three major legal documents in addition to rewrites and shorter written exercises. Successful completion of this course will satisfy one of the two upper-level legal writing requirements. Mr. Patterson, Mr. Wilcox. [Catalog 535A]

 

 

A student participating in a for-credit externship should enroll in Legal Externship. A student's placement must be for uncompensated legal work under the supervision of an attorney. Placements include federal, state, and local government agencies, judicial chambers, prosecutors’ and defenders’ offices, law firms, corporate general counsels’ offices, public interest organizations, and labor unions. Students may receive two credits for 120 hours of uncompensated fieldwork or three credits for 180 hours of fieldwork. Each student submits periodic detailed time logs to the Clinical Programs Office to obtain credit for the fieldwork. Students must seek approval for proposed placements by filling out the online placement approval form. Students should obtain approval of placements before the semester begins.

 

Students in their first for-credit externship should also register for one of the "Becoming a Lawyer" seminars.  Students in their second or further for-credit externship do not register for Becoming a Lawyer.  These latter students will be overseen by the directors of the Office of Career and Professional Development.  Faculty instructors may convene periodic seminar meetings or may meet with each student several times over the course of the semester. Students turn in detailed time-logs and do some reflective writing about their field experience. Grading is pass/fail. Students are encouraged to seek a new field placement for each semester. A student who wishes to stay in a single placement for a second semester must receive approval from the Director of Experiential Education.  Mr. McDermott. [Catalog 927D]

This course will examine issues relating to online child sexual exploitation, including: (1) An overview of laws pertaining to child sexual abuse material (CSAM) (referred to as child pornography under U.S. law); child sex trafficking, live-streaming abuse of children, and online enticement/sextortion; (2) Emerging legal issues relating to efforts to detect, report, and remove online CSAM and prosecute offenders, including issues arising from the use of generative AI technology to create CSAM; constitutional and privacy issues; and implications of immunity provided to online platforms for liability arising from online content; (3) Domestic and global legislative and policy trends in combating online child exploitation; and (4) Civil and criminal legal remedies available to victims of child sexual exploitation and the attorney's role in representing child victims in restitution and related legal proceedings.  Ms. Souras. [Catalog 419B]

This seminar studies federal legislation, how it is made (pre-enactment) and how it is interpreted by courts (post-enactment). The pre-enactment portion of the course looks at the fundamentals of federal lawmaking: How does an idea become law? What are the key stages of the Congressional process, including the budget process and reconciliation? The course uses current events as background, and for assignments (e.g., past courses have coincided with health care reform, and the bank bailout, “TARP”). The post-enactment portion of the course is concerned with judicial construction of the meaning of the words Congress uses, and how theories of interpretation, such as purposivism or textualism, reflect or support theories of the separation of powers. Do judges make law? Should they? How do the realities of the legislative process affect the task of statutory interpretation? The course also provides an overview of interpretive techniques, including the canons of statutory construction, and the use (or abuse) of legislative history as an authoritative source of legal meaning. The grade for the course is based primarily on three substantial writing assignments: (1) a judicial opinion, (2) a review and analysis of a statute, and (3) a memorandum in support of or in opposition to a legislative proposal. For each assignment, the student prepares two drafts, the first for comment and the second for a grade. Successful completion of the course satisfies the practice-oriented writing requirement. Students interested in legislation, public policy, administrative law, lobbying, or writing should consider this course. Prof. Colinvaux. [Catalog 587]

 

Master of Legal Studies Final Project (2 hrs.) - AW

 

The focus of this course is on the theory, skills, and attitudes involved in the conduct of mediation and arbitration. In addition, some attention is given to the role of counsel in mediation and arbitration. Skills are learned through active participation in simulated exercises, which are videotaped, reviewed, and critiqued by other students and the faculty member. Readings and discussion of the theoretical bases for mediation and arbitration and the ethical issues inherent in these practices also form a part of the course. Enrollment limited to 18. Mr. Pope. [Catalog 729]

Students selected to register must be certified by the Moot Court Board or its faculty adviser. Students must prepare for and participate in one of several national appellate competitions. A pass/fail grade will be awarded by the faculty adviser. No more than two credits may be earned. Faculty. [Catalog 989]

This course takes a practice-oriented, real-world approach to learning about legal issues related to the multi-billion dollar music business from a dealmaking perspective. It focuses on players and institutions in the music business including songwriters, recording artists, performers, groups and bands, music publishers, distribution companies, record companies, artist management, promoters, producers, licensing collectives, legal counsel and unions. Legal issues covered will include sampling and covers, legal protection for band names and artwork, sale and licensing of music, recording agreements, digital music delivery (including streaming and downloads), touring and merchandising. You will be required to prepare an applied legal writing portfolio of practice documents. This course will meet the practice-oriented writing requirement. Prof. Fischer [Catalog 311B]

The seminar will examine the issues that arise when general legal standards and processes are applied to national security activities. In light of the development of national security law since World War II, the seminar explores a range of legal, constitutional, and policy problems relating to the conflict between accepted legal principles, individual rights, and national security requirements. The objectives are to increase understanding of broader constitutional, legal, political, and governmental issues, as well as the peculiar nature of national security programs. Students are expected to contribute to class sessions on a regular and meaningful basis. Depending on the professor, this course may require a qualifying course paper that fulfills one half of the upper-level writing requirement.  Students who have previously taken, or are currently taking, the Foreign Relations and National Security course cannot also take this course. Mr. Hodgkinson, Ms. Hodgkinson. [Catalog 744A]

National Trial Team (2 hrs.)

Students selected to register must be certified by the instructor. Students must prepare for and participate in one of the several national trial competitions. A pass/fail grade will be awarded. No more than four credits may be earned. Ms. Cloud, Mr. Sharifi, Ms. Smith. [Catalog 990]

This course considers many aspects of the legal treatment of not-for-profit organizations, including management and organizational issues, fiduciary responsibilities, tax exemptions and other special privileges, restrictions on political and economic activities, special fund-raising regulations, etc. Prof. Colinvaux. [Catalog 737]

This course, which is a graduation requirement, examines the legal profession and the law that governs the professional behavior of lawyers, including the Model Rules of Professional Conduct, the law of legal malpractice and the relevant rules of agency law, criminal law, civil procedure, and other law. Students will explore ethical questions relating to the lawyer’s role in the legal system and the lawyer’s relationships with clients, adversaries, tribunals, colleagues, employees, witnesses, and others. The course looks at issues that arise in the various roles occupied by lawyers, including advocate, counselor, and negotiator. The course is designed to assist students in recognizing and evaluating ethical dilemmas they may encounter in practice. The course also aims to assist students in gaining knowledge about the legal profession, to clarify their own professional values, and to learn the ethical norms of the legal profession. The course must be taken by every student during the second, third, or fourth year of law school. Prof. Breger, Prof. Destro, Prof. Harmon, Prof. Everhart. [Catalog 421, 461]

Professional Speaking in Legal Settings (1 hr.)

Property (4 hrs.)
This is the basic course in property. It considers such topics as the nature of “property,” property “interests,” and property as an institution in contemporary society; problems in possession; the historical development of land law and its manifestation in the law of landlord and tenant; and conveyancing. Prof. Colinvaux, Prof. Silecchia, Prof. Squitieri. [Catalog 132, 195]

Real Estate Transactions (3 hrs.)  Transactional lawyers examine the law of real property transactions and the lawyer's role.  Topics include agency, contracts, zoning, commercial leases, the role of mortgage lenders, financing methods, title insurance, federal, state and property tax considerations and ethical concerns. Ms. Asdorian, Mr. Nalls. [Catalog 766]

Religious Liberty Clinic (3 hrs.) - PW, EL, TP

Religious liberty is a fundamental human right protecting the ability of people of all faiths to believe according to the dictates of their consciences and to express those beliefs in word and action. The number of religious liberty cases in the Supreme Court and lower courts have increased sharply in recent decades. This is a result of numerous factors, including increasing religious diversity, evolving societal and legal views on the role of religion in public life, evolving Free Exercise Clause doctrine, conflicts between religious liberty and other societal values, and statutory responses to these issues. This clinic will delve into these important and evolving legal issues affecting Americans of all faiths through both a classroom component exploring the substantive law, and a clinical component in which students will write amicus briefs on behalf of diverse clients and submit regulatory comments on issues affecting religious liberty. There will be class meetings twice per week, divided roughly into half substantive and half clinical components, and additional meetings outside of class as needed for client work. The classroom component will provide an overview of the key cases and issues. The clinical component includes case supervision, case conferences, and additional meetings as needed where students will develop legal writing and advocacy skills through drafting amicus briefs and regulatory comments under the supervision of experienced religious litigators. Students will complete a writing portfolio to satisfy one half of the upper-level writing requirement. Mr. Treene, Ms. Uddin. [Catalog 478D]

Religious institutions present a unique challenge for the modern State: how do we protect fundamental principles of religious autonomy while at the same time facilitating the complex ways that churches and other religious institutions participate in society. This course will examine the constitutional principles as well as the practical implications for attorneys representing or advising churches or other religious nonprofits in a wide range of areas, including employment discrimination, labor law, government grants and contracts, free speech, tax, copyright, litigation issues such as priest-penitent privilege, and property issues involving religious institutions, among others. Students can opt to write one long paper, which meets the upper-level writing requirement as a qualifying paper, or complete a take-home exam after the conclusion of the semester. During the semester, all students will complete two short papers on the course material.  Mr. Treene. [Catalog 412D]

Risk Management, Audit and Financial Controls (1 hr., second half of semester)

This course is designed to explore evolving concepts of enterprise risk management in general and to focus in particular on the design, implementation and management of an effective program, as well as the legal department's engagement in corporate financial audits.  The objectives of the course are: 1) To provide students with a fundamental understanding of the importance of enterprise risk management; 2) To equip students with a substantive, practical and working knowledge of enterprise risk management within organizations, and how to implement and manage that function; 3) To present students with an overview of the types of laws and regulations that apply, and to provide examples of common issues that arise in the corporate setting; and 4) To help students develop legal practice skills, problem solving skills, and critical thinking skills through relevant case studies.  Mr. Madalo. [Catalog 405D]

The securitization of assets is a process that has vastly expanded the ability of leaders and business in general to expand operations beyond equity and borrowed capital owned by such firms. The implementation of a securitized transaction requires the drafting of complex documents, the gathering and direction of a variety of skilled attorneys, financial experts, and investors, negotiating the often competing interests among parties, conducting required due dilligence investigations, and understanding the financial mechanics underlying the transaction. These skills and others are honed through the course, allowing students to develop a portfolio of writing documents to satisfy a writing requirement. Prerequisite or contemporaneous selection: Corporations. Recommended: Introduction to Securities Law. Mr. Faga. [Catalog 531A]


Space Law (2 hrs.) - EL

This course will provide hands-on instruction for establishing and maintaining a successful solo law practice. You will learn and apply the requirements needed to set up a law practice and the practical aspects of law firm management. Throughout the course, you will create Articles of Organization, a marketing plan, client letters and a cash flow budget for a law office. The course will also pay particular attention to the Rules of Professional Conduct and the requirements of the Attorney Grievance Commission. A discussion of why it is important to distinguish the law as a profession and not simply a business endeavor will conclude the seminar. This course will be graded on a pass/fail basis. Ms. Nichols, Ms. Quincosa. [Catalog 817]

This course considers the tax aspects of partnerships and other business entities.  The course primarily focuses on the federal income taxation consequences of operating businesses as flow-through entities, including partnerships, limited liability companies and S corporations. The key objective of the course is to provide students a working knowledge of the tax classification of business enterprises, as well as the tax issues associated with the formation, operations and liquidations of partnerships and other flow-through entities. Additionally, the course provides an overview of the taxation of corporations and shareholders.  Upon completion of the course, students should possess the ability to offer well-reasoned guidance regarding moderately complex tax matters relating to business entities.  This class is recommended for students who are considering careers in business law or tax law. Prerequisite: Federal Income Taxation. Prof. Jefferson.

 

 

A study of the noncontractual obligations that an individual in society owes to others according to the common law and statutes.Emphasis is placed on intentional acts violating legally protected interests, such as assault, battery, and false imprisonment; negligent conduct resulting in injury; causation; traditional forms of liability without fault and the more recent development of strict liability for defective products. Prof. Kelly, Prof. Perez, Prof. Scordato, Prof. Walsh. [Catalog 138, 197, 197B]