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Course Descriptions — A through I
|
Accounting I (CCLAW 950) —
1 credit |
Crdt Only: N Anon
Gr: N |
| This course presents fundamental
accounting concepts and principles. An understanding
of the balance sheet and statement of income
is emphasized. Normally open to students who
have no accounting in college. (Grades in Accounting
I and II are not used in computing weighted
grade averages, and no credit is awarded for
grades below seventy.) |
| Prerequisites: None
|
| Accounting
II (CCLAW 951) — 1 credit |
Crdt Only: N Anon
Gr: N |
This course covers the statement
of changes in financial position, ratio, and
other analysis and how to read a financial
statement. Ordinarily not open to persons
with more than six credits of college accounting.
(Grades in Accounting I and II are not used
in computing weighted grade averages, and
no credit is awarded for grades below seventy.)
|
| Prerequisites: CCLAW
950 Accounting I or equivalent
understanding of accounting principles |
| Administrative
Law (GOVMT 952) — 3 credits |
Crdt Only: N Anon
Gr: Y |
The administrative process,
rules and rule making, inspections and investigations,
administrative hearings, rules of evidence,
presumptions, burden of proof, formal and
informal actions, orders, the right to, methods
of obtaining, and scope of judicial review
are examined. |
| Prerequisites: None
|
| Advanced
Corporate Tax Seminar (SEM 900) — 2 credits |
Crdt Only: N Anon
Gr: N |
|
This seminar will cover two main topics:
Taxation of Executive Compensation and Corporate
Mergers & Acquisitions. |
| Prerequisites: None
|
| Advanced
Criminal Procedure (CRIML 953) — 2 credits |
Crdt
Only: N Anon Gr: Y |
This course examines issues
that arise in the formal processing of a criminal
case. Statutes, case law, and rules will be
discussed concerning bail and preventive detention,
discretion to prosecute, speedy trial, discovery,
double jeopardy, plea bargaining, trial by
jury, confrontation, cross examination, and
the exercise at trial of the privilege against
compelled self-incrimination. |
| Prerequisites: None |
| Advanced
Evidence Seminar (SEM 901) — 2 credits |
Crdt
Only: N Anon Gr: N |
This seminar provides students
with the opportunity to delve into advanced
aspects of trial practice theory through research,
writing and class presentations. The seminar
will closely examine scientific evidence,
including concerns raised by the increasing
use of experts and the importance of cutting
edge scientific, empirical or statistical
proof, including DNA evidence. Students will
select topics for individual exploration. |
| Prerequisites: SKILS
955 Evidence |
| Advanced
Federal Income Taxation (TAX 950) — 3
credits |
Crdt
Only: N Anon Gr: Y |
|
This course is designed to continue the examination
of the basic substantive provisions of the
federal income tax law begun in Basic Federal
Income Taxation, including the following general
topics: income splitting and assignment, realization
and recognition of gain and loss, capital
transactions, the investment credit, and other
taxable entities. |
| Prerequisites: TAX
949 Basic Federal Income Taxation |
| Advanced
Federal Securities Regulation (CCLAW 987) —
2 credits |
Crdt Only: N Anon
Gr: Y |
| This course will cover current
issues in laws and regulations affecting securities
and derivatives markets. The major topics may
include: overview of complex financial market
transactions in securities and derivatives markets;
analysis of jurisdiction of the SEC and CFTC;
comparison of securities and commodities statutes
and regulations regarding registration of market
participants and market oversight; fraud and
manipulation authorities in securities and commodities
markets; dual SEC/CFTC jurisdiction over certain
financial market products and entities. |
| Prerequisites:
CCLAW 986 Federal Securities
Regulation
|
| Advanced
Legal Research (SKILS 952) — 2 credits |
Crdt
Only: N Anon Gr: N |
The process and techniques
of research necessary for the practice of
law are explored from historic, conceptual,
and practical perspectives. The tools of legal
research, including technology based sources,
are investigated in detail. Skills needed
to research factual issues will also be developed. |
| Prerequisites: None |
| Advanced
Pretrial Advocacy (SKILS 954) — 3 credits |
Crdt Only: N Anon Gr: N |
Students work with case files
through written exercises and classroom simulations
to gain a thorough understanding of the procedural
rules and advocacy tools used in the pretrial
stages of litigation. The course grade is
based upon class participation and the written
exercises. |
| Prerequisites: SKILS
950 Advocacy I |
| Advanced
Torts (CL&CR 976) — 2 credits |
Crdt
Only: N Anon Gr: Y |
| This course focuses on torts
not involving physical injury, such as misrepresentation,
defamation, invasion of privacy, interference
with business relations, and misuse of legal
procedure. These subjects are not ordinarily
covered in the four-hour Torts course required
in the first year, but have become burgeoning
areas of potential liability due to the emergence
of electronic communications. An effort will
be made to integrate substantive doctrine and
practice implications with legal, economic,
political and social theory. |
| Prerequisites: None |
| Advocacy
I (SKILS 950) — 4 credits |
Crdt
Only: N Anon Gr: N |
| This course introduces the fundamental
skills of trial advocacy applicable in civil
and criminal trials in any jurisdiction. In
keeping with the theory that trial advocacy
is best learned by "doing," each student
will conduct written and oral exercises concerning
the various stages of the trial process-pleadings,
pretrial motions, discovery, settlement negotiations,
trial preparation, jury selection, opening statements,
direct and cross examination of lay witnesses,
examination of expert witnesses, trial motions,
and closing arguments. Students are able to
evaluate their own progress through viewing
videotapes of their performances. The class
meets jointly for lectures, while the oral trial
exercises are conducted in small sections. This
course is a prerequisite for Advanced Pretrial
Advocacy and Conflict Resolution Theory Seminar. |
| Prerequisites: SKILS
955 Evidence
(may also be taken concurrently) |
| Advocacy
II (SKILS 951) — 3 credits |
Crdt
Only: Y Anon Gr: N |
| Students synthesize the individual
trial skills learned in Advocacy I by preparing
and conducting an entire case, from the initial
interview of the client through a trial on the
merits. Each case is tried before a jury and
judge from a Pennsylvania or federal court.
All trials are videotaped in their entirety. |
| Prerequisites: SKILS
950 Advocacy I |
Agency,
Partnerships, and Limited Liability Entities
(CCLAW 955) — 2 credits |
Crdt
Only: N Anon Gr: Y |
| This course surveys the law of
unincorporated business entities. The agency
law part of the course will focus on agents'
powers and responsibilities, liabilities of
principals for acts of agents, and termination
of the agency relationship. The partnership
law part of the course will cover the fiduciary
obligations of partners, partners' management
and property rights, and partnership dissolutions.
The final part of the course will examine the
"new" limited liability entities now
provided for by the law of all states, with
emphasis on the formation, organization, and
dissolution of limited liability companies.
Although not a prerequisite, this course is
strongly recommended for students planning to
enroll in Corporations. |
| Prerequisites: None |
| Agricultural
Law (CCLAW 956) — 3 credits |
Crdt
Only: N Anon Gr: N |
| This course will introduce students
to the range of current and emerging issues
that confront agricultural producers, agri-business
firms, and other segments of that broader sector
of the economy referred to as the "food
industry." The course will address a variety
of issues including the history and objectives
of agricultural policy, land use planning for
agricultural activities, resource use and allocation,
industrialization in the agricultural sector,
intergenerational transfers of farm businesses,
international trade, and ethical issues that
confront practitioners. |
| Prerequisites: None |
| Anglo-American
Legal History Seminar (SEM 902) — 3 credits |
Crdt Only: N Anon
Gr: N |
This course will examine various
British and American legal institutions and
issues through a historical perspective. Topics
likely to be covered include: (1) the development
of Anglo-Saxon Common Law; (2) leading Anglo-American
judges, commentators, and historians; (3)
political/legal conflicts; (4) problems of
wealth, poverty, and race; and (5) the legal
profession and legal education. This course
will attempt to develop greater awareness
of the antecedents of modern legal doctrine
and of long-term trends such as the expanding
role of government and the "nationalization"
of law and legal institutions. |
| Prerequisites: None |
| Animal
Law (PERSP 979) — 3 credits |
Crdt Only: N Anon Gr:N |
| In this course we will address
how legal systems and administrative agencies
make decisions that affect nonhuman animals.
The course will focus on the origins, background,
and evolution of animal law and address specific
substantive areas involving animals such as
the concept of animals as property; contract
and tort issues related to animals, animal protection
laws; constitutional law issues; animal exploitation
and the government regulation of animals. |
| Prerequisites: None |
| Antitrust
(CCLAW 991) — 3 credits |
Crdt
Only: N Anon Gr: Y |
This course is principally
an examination of antitrust law and policy
in the U.S. as evolved through prosecutions
by the U.S. Department of Justice and the
Federal Trade Commission. There is brief coverage
of: (a) European Union and Canadian competition
laws plus evolving proposals for supranational
norms; and (b) leading market regulatory schemes
such as those affecting marketing of foods,
drugs, textiles, toxic substances, securities,
and consumer products. In the antitrust area,
commercial conduct alleged to violate price
fixing, market allocation, tying, exclusive
dealing, asset acquisition, and price discrimination
norms are considered at length with some attention
to state antitrust law. |
| Prerequisites: None |
| Appellate
Practice (SKILS 953) — 2 credits |
Crdt
Only: N Anon Gr: N |
| A required brief-writing and appellate
argument exercise before a panel of faculty
and attorney judges follows a series of lectures
and videotapes on the appellate process and
appellate advocacy. This course is a prerequisite
for Writing Workshop. |
| Prerequisites: None |
| Applied Human Rights (INTER 983) — 3-4 credits |
Crdt Only: N Anon Gr: N |
| In this advanced international human rights law course, students engage in supervised research for human rights organizations on cutting-edge issues in international human rights law and policy. Working on projects for non-governmental and inter-governmental organizations, students build on their knowledge of human rights law through in-depth research, classroom discussion, and individual project meetings with the professor. Research may include fact-gathering from contacts within the organizations and from the organizations' contacts in the country in question. Class sessions address issues that arise in human rights advocacy, including strategic decision-making; standard-setting; interpretation and application of law; choice of remedies; ethical issues in human rights lawyering; and aspects of human rights law practice on behalf of governments, international organizations and non-governmental organizations. The course is 4 credits for the first semester taken, and either 3 or 4 credits if taken a second semester, depending on the project. Enrollment in the course is through application. |
| Prerequisites: International Protection of Human Rights Seminar (with minimum grade of B) or International Law (with minimum grade of A-).
Faculty approval required. |
| Arbitration
in the United States (SKILS 962) — 3 credits |
Crdt
Only: N Anon Gr: N |
| This course provides an introduction
to the domestic law and practice of arbitration.
It assesses the statutory and decisional law
basis for arbitration, especially the provisions
of the Federal Arbitration Act. It investigates
the central doctrinal issues in the field: the
enforceability of unilaterally-imposed arbitration
agreements, the arbitrability of statutory rights
— in particular, civil rights matters,
and the use of contract to establish the law
of arbitration between the arbitrating parties.
Emphasis is placed upon practical problems that
have emerged in the practice of arbitration
law: the selection of arbitrators, the use of
discovery and evidence-gathering in arbitral
proceedings, and the content of arbitration
agreements. The course also addresses the new
uses of arbitration in consumer, health, and
employment fields. |
| Prerequisites: None |
| Aviation
Law (GOVMT 985) — 2 credits |
Crdt Only: N Anon Gr: Y |
| This course seeks to give the
students a firm grounding in the law governing
the domestic use of airspace for transportation
and recreation. The licensing requirements for
pilots, the struggle of the aviation industry
to adapt to the market, the safety and security
of passengers and the problems involved in building
airports are just a few of the topics covered.
The course provides an opportunity for those
students who are interested in aviation to apply
many of the subjects they have studied in law
school to a particular area of human activity.
The cases studied in the course involve, inter
alia: Administrative Law, Antitrust, Bankruptcy,
Conflicts of Law, Contracts, Local Government
Law, Environmental Law, Labor Law, Property,
Sales, Taxation and Torts. |
| Prerequisites: None |
Banking
Regulation (CCLAW 957) — 2 credits |
|
This course will focus on banks
as financial intermediaries and compare them
to other depository institutions and to both
the securities and insurance industries. The
dual banking system of state and federal regulation
will be covered as to bank formation, powers,
antitrust considerations, mergers, and geographic
restrictions on business location. The course
will explore the types of ownership of banks
and the regulation of bank-holding companies
and their subsidiaries engaged in nontraditional
banking activities. The course will include
deposit insurance systems and the problems
of troubled banks. |
| Prerequisites:
None |
| Basic
Federal Income Taxation (TAX 949) — 4 credits |
Crdt
Only: N Anon Gr: Y |
This course examines the basic
substantive provisions of the federal income
tax law. Included are the following general
topics: gross income, exclusions, deductions,
depreciation, basis, tax accounting, and other
provisions affecting situations encountered
by attorneys in general practice. |
| Prerequisites:
None |
| Biotechnology
Law (PERSP 973) — 3 credits |
Crdt
Only: N Anon Gr: Y |
This course will provide students
a comprehensive understanding of the legal
issues posed by developments in genetic technologies.
The course will provide an overview of the
history and technical foundations of the field
and examine the legal dimensions of biotechnology.
Generally, the course will examine how the
law reacts to legal problems that arise from
new technologies and examine whether the law
is capable of anticipating such problems and
acting prospectively. |
| Prerequisites: None |
Business
Bankruptcy (CCLAW 962) — 2 credits |
Crdt
Only: N Anon Gr: Y |
This course will explore the
application of the Bankruptcy Code to corporations
and other business entities, with a focus
on the reorganization of businesses under
Chapter 11 of the Bankruptcy Code. The course
will emphasize statutory interpretation and
the careful reading of Code provisions. The
course will also focus on the practical aspects
of bankruptcy practice, including ethical
issues that arise. Debtor-Creditor is a prerequisite.
Corporations is recommended but not required. |
| Prerequisites:
CCLAW 961 Debtor and Creditor Law |
Business Planning for Mergers and Acquisitions I (CCLAW 964) — 3 credits |
Crdt Only: N Anon Gr: Y |
This course first focuses on various topics that are important in M&A transactions involving both closely-held and publicly-held corporations, including directors duties, shareholder voting and dissenters' rights, basic issues under the Federal securities laws, fundamentals of Federal income taxation and accounting, use of modern valuation techniques, including DCF and CAPM, in M&A, and basic issues in antitrust and pre-merger notification. The course then turns to an analysis of various forms of negotiated acquisition, including acquisitions of stock and assets of closely-held corporations and acquisitions of publicly-held corporations in negotiated transactions. The course is based on the first half of Thompson, Business Planning for Mergers and Acquisitions: Corporate, Securities, Tax, Antitrust, International, and Related Aspects (2008). |
|
Prerequisites: CCLAW 963 Corporations Recommended |
Business Planning for Mergers and Acquisitions II (CCLAW 965) — 3 credits |
Crdt Only: N Anon Gr: Y |
This course builds on the topics covered in Business Planning for Mergers and Acquisition I, and is based on the second half of Thompson, Business Planning for Mergers and Acquisitions: Corporate, Securities, Tax, Antitrust, International, and Related Aspects (2008). The course starts with an examination of leveraged buyouts, and then focuses on the drafting of various types of acquisition agreements. The course then looks at proxy contests and then turns to hostile takeovers and going private transactions regulated by the Williams Act provisions of the Securities Exchange Act of 1934. The course then looks at special topics in M&A, including spinoffs, international M&A, bank acquisitions, acquisitions of public utilities, bankruptcy acquisitions, joint ventures and ethics issues in M&A. |
|
Prerequisites: CCLAW 963 Corporations and CCLAW 964 Business Planning for Mergers and Acquisitions I Recommended |
| Business
Planning
for Small Business Enterprises
(CCLAW 958) — 2 credits |
Crdt
Only: N Anon Gr: Y |
Selected practical problems
involving the planning of corporate transactions,
with emphasis upon the small business enterprise,
are examined. Topics include organization
of the close corporation; its distributions,
redemptions, and dividends; liquidations,
mergers, and reorganizations; combinations
and divisions, acquisitions, and dispositions
thereof. Enrollment is limited to third-year law students.
Taxation of Corporations and Shareholders
is strongly recommended. |
| Prerequisites:
CCLAW 963 Corporations |
Civil
Liberties Litigation (CL&CR 956) — 3 credits |
Crdt
Only: N Anon Gr: Y |
This course examines the protection
of individual rights afforded by the Constitution
by analyzing litigation involving violations
of individual rights by the government and
its officers. The principal substantive areas
addressed are prisoners' rights, police misconduct,
and political surveillance. In the process
of examining the substantive civil rights
issues, the course will analyze advanced concepts
of civil procedure, constitutional law, federal
jurisdiction, and trial practice. (Offered
in alternate years.) |
| Prerequisites: None |
| Civil
Procedure (CORE 900) — 4 credits |
Crdt
Only: N Anon Gr: Y |
Civil Procedure concerns the
rules and principles that govern the litigation
of a civil case. The course addresses systemic
issues related to how and where a lawsuit
is filed, including: personal and subject
matter jurisdiction; venue; the notice required
once a lawsuit has been filed; and which substantive
law-state or federal-should apply in federal
court. The course also familiarizes the student
with the stages of a lawsuit, including: pleading;
structuring the lawsuit; discovery; termination
of a lawsuit without trial; trial; and actions
that may be taken after a jury verdict or
bench trial. Although reference is made to
state laws, the course concentrates on the
Federal Rules of Civil Procedure. |
| Prerequisites: None |
| Client
Counseling (SKILS 957) — 2 credits |
Crdt
Only: N Anon Gr: N |
This course introduces students
to the dynamics of a productive attorney-client
relationship, the goals of interviewing and
counseling, and structures and techniques
that can be used to achieve those goals. The
focus is on developing students' skills in
interviewing and counseling. Instruction consists
of assigned reading, problem-solving exercises,
group discussion, and practice through simulations. |
| Prerequisites: None |
Commercial
Law of the European Union Seminar
(SEM 905) — 2 credits |
Crdt
Only: N Anon Gr: N |
| This seminar seeks to examine selected aspects of the Commercial Law of the European Union. It provides an introduction to the distinct methodology of EU law and the European Court of Justice, examines the principles of the internal market, and focuses on aspects which are particularly important for US lawyers from a practical or a theoretical perspective. It covers, among others, the following topics: Introduction to the fundamentals of the EU Legal Order; the internal market; free movement of goods, customs duties, discriminatory and protective taxation; quantitative restrictions on trade; freedom of establishment and services; free movement of companies; financial services; aspects of competition law; anti-competitive agreements and monopolies; enforcement of competition law; selected comparisons with WTO and NAFTA. |
| Prerequisites: None |
| Communications
Law (INTPR 950) — 2 credits |
Crdt
Only: N Anon Gr: N |
This course will explore current
issues in communications law including First
Amendment constraints on the regulation of
the content of telephone calls and television
advertising, cable TV monopolies, and telecommunications
regulations and deregulation. Course materials
explore regulatory, constitutional, and antitrust
law principles as they apply to broadcast,
cable, and telecommunications activities. |
| Prerequisites: None |
Comparative Antitrust Law
(INTER 968) — 3 credits |
Crdt Only: N Anon Gr: Y |
| This course focuses on the antitrust law of the European Union and selected other jurisdictions. It will cover international mergers, monopolies, price fixing cartels, distribution restraints, and related topics. The course examines principles of comity and cooperation among international enforcers investigating cases with a multi-national impact. We also review the antitrust laws of other selected jurisdictions, focusing on proposed and recently enacted competition laws including those of selected new entrants to the European Union and China, and on laws of other jurisdictions with an important impact on U.S. firms such as Japan. Finally, the course will consider issues such as advising multi-national clients, obtaining discovery internationally, and litigating complex cases. |
| Prerequisites: None |
|
Comparative
Constitutional and Public Law (U.S. and Canada)
(INTER 958) — 3 credits |
Crdt
Only: N Anon Gr: N |
The principal objective of
this course is to provide students with a
greater understanding of how their country's
body of constitutional law is shaped by history,
institutions, and current values. The comparative
project, by focusing on narrow differences
between two very similar countries, allows
students to move beyond an acceptance of basic
premises of constitutional law as "natural"
or "inherent." As an important dividend,
students will gain basic knowledge of foundational
concepts in the legal landscape of their country's
largest trading partner, hopefully providing
students with a comparative advantage in seeking
employment with government offices and private
firms whose clients engage in substantial
cross-border transactions. |
| Prerequisites: None |
| Comparative
Constitutional Law (INTER 957) — 2 credits |
Crdt
Only: N Anon Gr: Y |
The purpose of the course is
to bring the techniques and goals of comparative
law to bear on the study of different structures
for organizing a government, and different
approaches to the conception of a just, effective,
and stable form of government. The course
starts with an introduction to the issues
and methodologies of comparative constitutional
law. We then consider the role and structure
of constitutional courts. The course then
covers some or all of the following issues:
(i) the role of constitutional courts in policing
or enforcing boundaries of power among different
organs of government; (ii) federalism and
constitutionalism; (iii) the protection of
the rights of territorial, linguistic, racial,
religious or other minorities within the nation;
(iv) protection of religious freedom; (v)
protection of speech; (vi) protection of social
and economic rights. |
| Prerequisites: None |
| Comparative
Corporate Law (INTER 973) — 2 credits |
Crdt
Only: N Anon Gr: Y |
This course attempts a comparative
analysis of American and European approaches
to the regulation of business enterprises
operating in corporate form. The goal is to
provide the student with a basic understanding
of the fundamental, and perhaps fundamentally
different, approaches taken by governments
in the United States and in the European Communities
to the regulation of the corporation. The
course materials concentrate on the formal
sources of law and thereafter highlight some
ways in which the difference in approach is
manifested in actual regulation. |
| Prerequisites: CCLAW
963 Corporations |
| Comparative
Judicial Law Making in the U.S. and the European
Union Seminar (SEM
907) — 2 credits |
Crdt
Only: N Anon Gr: N |
This course examines the contribution of the judiciary to political governance in comparative perspective. It focuses on the Supreme Court and the European Court of Justice, which is the highest court of the European Union. It also takes into account selectively judgments of other constitutional courts. It seeks to explore the function of judicial review in modern democracy through a study of judicial decisions in selected areas. It examines the relationship between the judiciary and the other organs of government and the role of courts in protecting the citizen. It focuses on the following areas: federalism, the protection of human rights, the principles of democracy, non-discrimination, equality, proportionality, legitimate expectations, and fair hearing; Locus standi, remedies for the protection of constitutional rights, and the liability of public bodies and state agencies. |
| Prerequisites: None |
| Comparative
Law Seminar (SEM 908) — 3 credits |
Crdt
Only: N Anon Gr: N |
An introduction to civil law
tradition and to the modern legal systems
in Europe, Latin America, Africa, the Middle
East, and Asia that have grown out of or have
been substantially influenced by it. This
course provides a foundation for subsequent
study of international business transactions,
East European law, private international law,
and the law of such international organizations
as the European Community, the Central American
Common Market, and the Andean Pact. Emphasis
will be given to procedural problems faced
by domestic courts when they have to decide
cases involving foreign law and the fundamental
differences in approach and method between
common law and civil law. (Offered in alternate
years.) |
| Prerequisites: None |
| Conflict
of Laws (SKILS 958) — 3 credits |
Crdt
Only: N Anon Gr: Y |
How do we resolve problems
when the substantive law or procedural rules
of states or nations conflict? For example,
if Hawaii enacts a statute permitting same-sex
marriages, must other states recognize such
a marriage? If an American-owned factory explodes
in India, may the injured pursue claims under
American tort law? The course will provide
a review of jurisdictional concepts introduced
earlier in first-year courses, introduce choice
of law issues for multistate or multinational
transactions or events, and examine the influence
of the U.S. Constitution on the reach of a
state's judicial decisions or legislation
outside the state. |
| Prerequisites: None |
Conflict
Resolution Theory Seminar (SEM 909) — 2 credits |
Crdt
Only: N Anon Gr: N |
This seminar is a capstone
offering available to students about to complete
the certificate program in Dispute Resolution
and Advocacy and to other students to the
extent that space is available. The seminar
will examine theories of conflict and conflict
resolution, including game theory, economic
theories, psychological and cognitive theories,
and persuasion theory, procedural justice
issues, and social and literary phenomena
relating to conflict. The seminar will draw
heavily on sources in the social sciences
and humanities, as well as on legal sources.
The precise content of the seminar will vary
from year to year depending upon the interests
of the instructor, the interests of the students,
and recent contributions to scholarship in
the field. |
| Prerequisites: SKILS
950 Advocacy I, SKILS 960 Negotiation, and one
of SKILS 962 Arbitration in the U.S., INTER
967 International Commercial Arbitration Seminar,
or SKILS 959 Mediation (which may be taken concurrently). |
| Constitutional
Law (CORE 903) — 3 credits |
Crdt
Only: N Anon Gr: Y |
The course examines the roles
of the executive, legislative, and judicial
branches in determining limits of national
and state powers and protection of the individual
and civil rights provided in the United States
Constitution. |
| Prerequisites: None |
| The
Constitutional Law of Religion (CL&CR 957)
— 2 credits |
Crdt
Only: N Anon Gr: Y |
This course examines current
constitutional doctrine concerning religion
under the First Amendment to the Constitution.
The focus will be on the essential cases and
principles of the Free Exercise and Establishment
Clauses of the First Amendment. These cases
and principles are organized along three thematic
lines: (1) the regulation of religious activity
(free exercise and neutrality, governmental
interests, legislative accommodation), (2)
the funding of religious activity (establishment
and neutrality, governmental support of religious
institutions), and (3) the treatment of religion
in government's culture shaping activities
(public schools, school curriculum, religious
speech). The course ends with a discussion
of the definition of "religion"
for purposes of federal constitutional law. |
| Prerequisites: None |
| Constitutional Theory (PERSP 960) — 3 credits |
Crdt Only: N Anon Gr: N |
| This elective has two goals, one substantive and one skill-oriented. Substantively, the course will explore in-depth different constitutional theories, from the traditional modes of interpretation to the more nuanced, newer offshoots. Each class will be devoted to looking at materials that set forth these theories and that then apply them to various cases before the Supreme Court. For many students, the course methodology will provide an opportunity for in-depth analysis of cases only cursorily studied in other courses. Students will be required to write three or four short papers applying what they have learned, and they will receive extensive feedback from the course professor. |
| Prerequisites: None |
| Construction
and Surety Law (RP&EL 980) — 2 or 3 credits |
Crdt
Only: N Anon Gr: Y |
The course covers principally
contract law as adapted specifically to the
construction industry. It includes the perspectives
of construction owner, architect/engineer,
contractor, subcontractor and bonding company,
both in the context of private and public
construction projects. The principal areas
of inquiry are contract structure, risk sharing,
payment and security mechanisms, claims related
to time, disruption and extra work, and claims
arising from construction defects. It will
also cover dispute resolution methods employed
in resolving construction claims. |
| Prerequisites: None |
| Consumer
Protection (CCLAW 960) — 2 credits |
Crdt
Only: N Anon Gr: Y |
This course will deal with
federal and state statutes and regulations
that primarily protect the consumer. Federal
laws covered in detail are the Magnuson-Moss
Warranty-Federal Trade Commission Improvement
Act, the Consumer Credit Protection Act, and
federal tax lien statutes. State laws on false
and misleading advertisements and full disclosure
will be examined, along with state procedures
for attachments in the enforcement of money
judgments. |
| Prerequisites:
None |
Contracts
(CORE 905) — 4 credits |
Crdt
Only: N Anon Gr: Y |
Contracts is concerned with
the formation of contracts. The traditional
offer and acceptance are analyzed in light
of problems presented by modern bargaining
techniques. Voidability of contracts formed
by fraud, mistake, illegality, and unconscionable
advantage is also stressed. The performance
of contracts and the parol evidence rule are
discussed. |
| Prerequisites: None |
| Copyrights
(INTPR 960) — 3 credits |
Crdt
Only: N Anon Gr: N |
The course addresses the legal
protection afforded to authors and artists
under common law and statutory copyright.
It considers the rights granted, procedure
for their procurement, and protection through
litigation. The course also deals with international
rights, conveyancing, and interface with the
antitrust laws. |
| Prerequisites: None |
| Corporations
(CCLAW 963) — 3 credits |
Crdt
Only: N Anon Gr: Y |
This course primarily addresses
organization and operation of commercial organizations
in the Anglo-American community. Preliminarily,
sole proprietorships and partnerships are
considered, after which corporations-for-profit
are emphasized with some attention to business
trusts and non-profit corporations. In the
corporate context, duties of promoters, directors,
officers, and other insiders are considered.
Availability in the U.S. of the derivative
action is treated in terms of both unincorporated
and corporate forms of organization. Also
treated are the basics of securities regulation
at the federal and state levels in the U.S.
and the provincial level in Canada. |
| Prerequisites:
None |
| Criminal
Law (CORE 910) — 3 credits |
Crdt
Only: N Anon Gr: Y |
This course deals with what
is called substantive criminal law, i.e.,
crimes. Numerous crimes such as homicide,
theft, and conspiracy are examined, and defenses
such as self-defense and insanity are scrutinized.
A primary focus of the course is the utilization
and interpretation of criminal statutes. |
| Prerequisites:
None |
| Criminal
Procedure (CRIML 972) — 3 credits |
Crdt
Only: N Anon Gr: Y |
The Criminal Procedure course
explores the interface between the criminal
justice system and the United States Constitution.
The course examines constitutional limits
on police investigation and interrogation
as well as the circumstances under which indigent
defendants are guaranteed the assistance of
counsel. In addition to introducing students
to constitutional analysis, the course previews
the ethical dimensions of defending persons
accused of crime. The class also views a trial
during the criminal term at the Court of Common
Pleas. |
| Prerequisites: None |
Cross-Border
Legal Practice Seminar
(SEM 910) — 2 credits |
Crdt
Only: N Anon Gr: N |
This seminar will focus on
two different themes. It will explore what
it means to be a lawyer in the United States
in comparison with what it means to be a lawyer
in other countries. Among other things, participants
will discuss the lawyer's role in society
and the type of conduct that is regulated.
This course will also examine the cross-border
practice regulation that has emerged in response
to the increasingly common circumstance of
lawyers who handle a matter in a country other
than their own. |
| Prerequisites: For
J.D. students: CORE 934 Professional Responsibility
(may also be taken concurrently) |
| Debtor
and Creditor Law (CCLAW 961) — 2 or 3 credits |
Crdt
Only: N Anon Gr: Y |
The rights, duties, and remedies
of both debtor and creditor are examined.
The course covers the collection process,
enforcement of money judgments, and insolvency
proceedings. Federal bankruptcy law is emphasized. |
| Prerequisites: None
|
| Economic
Analysis of Law (PERSP 982) – 3 credits |
Crdt Only: N Anon Gr: Y |
| This course will introduce students
to the economic analysis of law and legal issues.
No prior training in economics is assumed, though
students with such training are welcome to enroll.
Students will be instructed in the nature of
economic reasoning and will learn to use fundamental
principles of economics to explain legal doctrines
and solve legal problems. The course will focus
primarily on a positive analysis, investigating
whether legal doctrines can best be explained
as attempts to promote efficiency, and only
secondarily on the normative question of whether
the law ought to promote efficiency. After a
brief survey of microeconomics, the course will
address the major common law areas of property,
contracts, torts, and criminal law as well as
the legal process. Students will learn how fundamental
economic concepts, such as transactions costs,
externalities, and risk allocation, can help
explain the logic of these large bodies of law,
difference among them, and long-standing principles
of each. Depending on the pace of coverage,
the course may cover topics in other areas,
such as corporations and family law. |
| Prerequisites: None |
| Education
Law Seminar (SEM 911) — 2 credits |
Crdt
Only: N Anon Gr: N |
This course covers the basic
premises of compulsory education; issues concerning
exclusion of students; school control of student
behavior and curriculum; teacher employment
problems; and issues of funding, minority
rights, and school liability. |
| Prerequisites: None |
Elder
Law (FMEST 963) — 2 or 3 credits |
Crdt
Only: N Anon Gr: N |
This course introduces substantive
legal theories in modern elder law, including
introduction to government programs, such
as Medicare, Medicaid, and Social Security
for old age retirement assistance; Advanced
Planning documentation; Elder Abuse and Protective
Services legislation; Nursing Home Rights
legislation; and consumer fraud. Grading is
based on evaluation of three components: in-class
exercises, participation in community education
activities, and a final examination on substantive
legal theories. |
| Prerequisites: None |
| Employee
Benefits Law (TAX 960) — 2 or 3 credits |
Crdt
Only: N Anon G: Y |
This course is intended to
introduce students to key areas of the very
broad field known as "employee benefits:"
benefits received by those currently employed
as well as retirees. The course will provide
an introduction to current in-kind tax-favored
fringe benefits; deferred compensation arrangements;
both qualified and non-qualified pension plans;
and other compensation arrangements, including
equity plans (both qualified and non-qualified).
Subjects also include tax favored retirement/pension
plans, executive compensation arrangements
and Social Security (i.e., mandatory benefits)
as currently structured as well as proposed
reforms. Class size permitting, one-half of
the grade may be based on a paper and in-class
presentation by students on topics of particular
interest not otherwise covered in the course.
The paper would not be as extensive as a seminar
paper. |
| Prerequisites: None |
| Employment Discrimination (LABOR 964) — 3 credits |
Crdt Only: N Anon Gr: Y |
This course will provide an overview of significant doctrinal issues in employment discrimination law, and will seek to develop students' skills through a rigorous examination of statutory law, regulations and court decisions. It will introduce students to the fundamental legal theories underlying the substantive coverage of the most significant federal equal employment opportunity laws, and legal issues regarding their application. |
| Prerequisites: None |
| Employment
Law Survey Part I – Basic Common Law and
Workplace Health and Safety (LABOR 962) –
3 credits |
Crdt Only: N Anon
G: Y |
| This course will cover: common
law employment doctrines, including at-will
employment, contract and tort erosions of at-will
employment, employee duties, including the duty
of loyalty and trade secrets, noncompetition
agreements, and rights to employee inventions
and workplace injuries, including workers compensation,
OSHA, and criminal and tort approaches to promoting
a safe workplace. |
| Prerequisites: None |
Employment
Law Survey Part II — Privacy, Wage, ERISA,
Anti-Discrimination Law (LABOR 963) — 3 credits |
Crdt Only: N Anon
Gr: Y |
| This course will cover workplace
privacy issues, including free speech and political
protections, and defamation and related torts;
anti-discrimination laws; and wage, hour, and
benefits legislation, including unemployment
compensation; the WARN Act, the Family and Medical
Leave Act; and NLRA issues commonly encountered
in the unorganized workplace. |
| Prerequisites: None |
| Environmental
Law (RP&EL 960) — 3 credits |
Crdt
Only: N Anon Gr: Y |
This course introduces some
of the most important concepts, issues, and
statutes in environmental law. After discussing
the economic and ethical bases for environmental
law and briefly reviewing the relevant principles
of constitutional and common law, students
examine a representative selection of federal
statutes, including the National Environmental
Policy Act, the Endangered Species Act, "Superfund,"
and the Clean Air Act. |
| Prerequisites: None |
| Environmental and Toxic Torts (RP&EL 963) – 2 credits |
Crdt Only: N Anon Gr: N |
This course focuses on personal injury and property damage claims arising out of exposure to environmental contaminants and toxic substances. Policy concerns, as well as private causes of action under environmental laws will also be covered. |
| Prerequisites: None |
| Environmental
Litigation (RP&EL 962) — 2 credits |
Crdt
Only: N Anon Gr: Y |
This course explores the various
forms of litigation that arise in the practice
of environmental law. Citizen suit actions,
toxic torts, government enforcement actions
(both criminal and civil), and other forms
of litigation will be examined. Emphasis is
on the practical aspects of litigation, with
active class participation assumed in a problem-oriented
format. The use of scientific evidence and
expert testimony will be explored. |
| Prerequisites: RP
&EL 960 Environmental Law |
| Equal
Protection and Civil Rights (CL&CR 963)
— 3 credits |
Crdt
Only: N Anon Gr: Y |
This course studies the development
of equal protection law under the Fifth and
Fourteenth Amendments, the state action issue,
and the free exercise and establishment clauses
of the First Amendment. |
| Prerequisites: None |
Estate
Planning and Wealth Transfer Transactions I
(FMEST 964) — 2 credits |
Crdt
Only: N Anon Gr: Y |
This course is open only to
third-year law students. This course will acquaint students
with federal estate and gift tax laws that
must be considered in estate planning, and
it will provide a general overview of state
systems of wealth transfer taxation. Matters
covered include the gross estate, deductions
and credits, generation skipping transfer
taxes, transactions subject to gift tax, and
exclusions and credits available to shelter
lifetime wealth transfers. Also covered will
be non-tax issues to be considered in estate
planning, probate issues and probate avoidance,
forms of property ownership, and issues about
the attorney-client relationship. Although
not required, students are encouraged to take
TAX 950 Advanced Federal Income Taxation (which
is a prerequisite for Estate Planning and
Wealth Transfer Transactions II) or another
advanced tax elective in their second year
before enrolling. |
| Prerequisites: | | | |
| |