Courses Titled A - B
- Accounting and Finance for Lawyers: An Introduction (BUSN-500)
- Accounting for Lawyers (BUSN-367)
- Administrative Law (ADMN-300)
- Administrative Law Clinic (ADMN-400)
- Admiralty (ADMR-300)
- Adoption Law and Practice (FAML-320)
- Advanced Business Law: Non-Compete Agreements and Related Duties (BUSN-500)
- Advanced Constitutional Law: Civil Rights and Civil Liberties (CNLW-320)
- Advanced Constitutional Law: Dissent (CNLW-320)
- Advanced Constitutional Law: Federalism (CNLW-320)
- Advanced Constitutional Law: Guns and the Second Amendment (CNLW-335)
- Advanced Constitutional Law: Political Process and Political Participation (CNLW-320)
- Advanced Constitutional Law: Separation of Powers (CNLW-320)
- Advanced Copyright Law (INTP-322)
- Advanced Criminal Law: A 21st Century Murder Trial of Richard III (CRIM-500)
- Advanced Criminal Procedure - Modern Problems in Fourth Amendment Law (CRIM-385)
- Advanced Elder Law (ESTA-315)
- Advanced Evidence (EVID-350)
- Advanced Lawyering: Equal Justice Advocacy and Leadership Seminar (POVL-410)
- Advanced Legal Research (LRES-350)
- Advanced Real Estate (PROP-305)
- Advanced Real Estate: High Performance Buildings (PROP-370)
- Advanced Topics in Health Law: Law, Medicine, and Ethics at End of Life (HLTH-350)
- Advanced Topics in Intellectual Property: Current Public Interest Issues in International Intellectual Property (INTP-380)
- Advanced Torts (TORT-305)
- Advanced Writing Seminar (WRIT-300)
- Advertising Law (INTP-350)
- American Indian Tribal Law (INDL-325)
- American Legal History (JURS-330)
- Animal Law (ANIM-300)
- Antitrust Law (ANTI-300)
- Appellate Litigation Seminar: Labor and Employment Law (EMPL-375)
- Arts Legal Clinic (INTP-401)
- Aviation Law (CIVL-310)
- Bankruptcy (BANK-300)
- Bar Exam Strategies and Skills (BSKL-300) (Former title: Bar Exam Skills Lab)
- Basic Real Estate (Title changed to Real Estate Transactions)(PROP-300)
- Big Data, Informed Consent and the Future of Privacy Law (INTP-393)
- Bioethics and the Law (HLTH-300)
- Biotechnology and the Law (INTP-365)
- Broadcast Regulation in the Age of the Internet (BUSN-353)
- Business Dispute Resolution Simulation (BUSN-403)
- Business Entities (BUSN-300)
- The Business of Intellectual Property (formerly: Intellectual Property Portfolio Management) (INTP-392)
ACCOUNTING AND FINANCE FOR LAWYERS: AN INTRODUCTION (BUSN-500) 1 credit
All modern lawyers--no matter what type of practice they're engaged in--need to understand the basics of accounting and finance. This is true both as a matter of professional competence and because lawyers should be informed citizens who can participate effectively in public debates on regulation of major industries such as banking and housing finance. This course will teach these basics, focusing particularly on real world examples such as Enron's financial fraud and the 2008-9 financial collapse. No accounting or finance background is required for the course, and it should not be taken by anyone who has such a background.
Accounting and finance issues arise regularly in business representation, including starting and conducting even a solo law practice. But they also arise frequently in the representation of nonprofit and government entities. And every lawyer needs to recognize "red flags" that suggest that its client or an adverse party may have committed financial fraud, or is in weakening financial condition--in short, when someone is "playing with the books." Following are some examples. Litigators will repeatedly encounter accounting issues in contract and tort damages, securities fraud, and discovery matters. Criminal lawyers--both prosecution and defense--need to understand how white-collar criminals commit their crimes. Government regulators and public interest organizations need accurately to analyze the financial condition of regulated businesses, both in developing and in enforcing regulations. Family law lawyers must be able to interpret financial statements in a broad range of matters such as property settlements of fundamental importance to their clients.
The course will introduce students to the basic principles of accounting, including those covering the creation and analysis of company financial statements (e.g., balance sheets and income statements) using Generally Accepted Accounting Principles ("GAAP"). It will also cover basic concepts of finance such as the time value of money and financial ratios. To the extent time permits, it will examine key rules regarding government regulation of financial reporting. Finally, the course will give consideration to major professional responsibility issues related to matters such as required government reporting and financial fraud.
No prerequisites. Restriction: Course must be taken pass/fail.
ACCOUNTING FOR LAWYERS (BUSN-367) 2 credits
This course explores fundamental concepts, processes, and vocabulary of accounting, auditing, and financial analysis. All lawyers, not just those with a business or tax practice, can benefit from the abilities to read financial statements with comprehension, to deal competently with accounting issues as they arise, and to communicate effectively on accounting-related subjects. This course is designed to help students develop these basic skills, with an emphasis on their application in matters of practical concern to lawyers. Neither a background in mathematics nor prior knowledge of accounting is necessary for this introductory-level course.
Pre or co-requisite: Business Entities (BUSN-300). Restriction: Students who have completed intermediate or advanced accounting courses are not eligible to enroll in this course.
ADMINISTRATIVE LAW (ADMN-300) 3 credits
This is a survey course designed to introduce students to the powers and limitations of administrative agencies and the legal and political mechanisms which regulate them. Emphasis will be placed on coverage of a broad range of topics rather than upon detailed analysis of any particular area. The course's function in the curriculum is to serve as a building block for advanced courses in particular regulatory areas. Students will gain a basic familiarity with the structural and procedural arenas in which administrative agencies operate. Advanced courses can therefore begin with the assumption that students have this basic understanding and proceed quickly to more detailed coverage of the issues as they arise in that particular regulatory context.
ADMINISTRATIVE LAW CLINIC (ADMN-400) 4 credits
Students will represent clients in administrative hearings before Washington State Administrative Law Judges. Student teams must maintain office hours in the Clinic offices two days a week for a total of four hours a week on Tuesdays, Wednesdays, or Thursdays between 10 a.m. and 5 p.m. The days and times for office hours will be determined based on each student team's schedule. Students will be required to attend a clinic class one day per week.
Pre or Co-requisite: Administrative Law. Restriction: Students must meet the Law Clinic's conflict of interest rules.
This course fulfills the professional skills requirement.
ADMIRALTY (ADMR-300) 3 credits
In an age when information travels the globe instantaneously and people can travel to almost anywhere worldwide in less than a day, crossing the oceans in ships still takes about the same amount of time as it did 100 years ago. International transportation of everything from cars to computers occurs almost exclusively by water. It is only a matter of time before practitioners encounter Admiralty principles. This course is intended to provide a broad overview of the origins, development, and current status of admiralty law in the United States. The following topics will be discussed: sources of admiralty law; admiralty jurisdiction; maritime torts; maritime bodily injury; maritime contracts; maritime commercial instruments; maritime liens; marine insurance; maritime transportation; pollution; and miscellaneous maritime issues that do not otherwise fit into the above general categories. Guest practitioners will supplement typical class study. Grading will largely be based on a combination essay and objective question final exam.
ADOPTION LAW AND PRACTICE (FAML-320) 2 credits
This course will focus on laws pertaining to the adoption of children and the current practice of adoption law. Topics covered will include the history and evolution of legal adoption in the United States, with particular attention to the constitutional jurisprudence surrounding the termination and relinquishment of parental rights; the evolution of "best interests of the child" as an area of major emphasis in adoptive placement; transracial and transcultural adoption, with particular attention to the Indian Child Welfare Act and Multiethnic Placement Act; international adoption and issues surrounding the Hague Convention on Intercountry Adoption; and the status of state laws governing adoption by gay and lesbian prospective parents. The course will also examine Assisted Reproductive Technology (ART) and state laws governing egg and sperm donation, surrogacy, and the establishment of parentage for children conceived through ART.
ADVANCED BUSINESS LAW: NON-COMPETE AGREEMENTS AND RELATED DUTIES (BUSN-500) 1 credit
The course covers covenants not to compete and complementary provisions often found in non-compete contracts. It also covers duties in tort and agency law that often overlap. The course provides foundations for three for three roles: business lawyers and in-house counsel, who protect business interests and prevent unfair competition; employment attorneys, who advise employers and employees about their rights; and litigators, who seek remedies in these contexts.
ADVANCED CONSTITUTIONAL LAW: CIVIL RIGHTS AND CIVIL LIBERTIES (CNLW-320) 3 credits
This class offers a general survey of the major constitutional issues related to individual rights. It explores both structural issues related to individuals rights claims (such as the state action doctrine and incorporation) and the substantive law governing rights claims under many of the most significant constitutional provisions including the Free Speech, Free Expression, and Establishment Clauses of the First Amendment; the Equal Protection and Due Process Clauses of the Fourteenth Amendment; and the Second Amendment. It is designed to supplement the required Constitutional Law course with regard to the individual rights issues treated in that course and to provide an introduction to important issues that are not treated in the required course. Readings will consist mostly of cases, supplemented on occasion by law review articles and other commentary. The class will have an examination (whether in-class or at-home TBD) and may also require a few short writing assignments or in-class activities.
Prerequisite: Constitutional Law I (CNLW-200).
ADVANCED CONSTITUTIONAL LAW: DISSENT (CNLW-320) 2 credits
"On Dissent" is a seminar (12 persons maximum) in which the participants will read and discuss one book (or part of a book) per week and write three five to six page "think pieces" through the semester. The books will focus primarily on dissent within the American experience. Among the major topics will be the ontology of dissent, the history of dissent, the practices of dissent, and crimes of dissent.
Prerequisite: Constitutional Law I (CNLW-200).
ADVANCED CONSTITUTIONAL LAW: FEDERALISM (CNLW-320) 2 credits
Intensive study of several current issues of federal legislative power and state governance authority.
Prerequisite: Constitutional Law I (CNLW-200).
ADVANCED CONSTITUTIONAL LAW: GUNS AND THE SECOND AMENDMENT (CNLW-335) 3 credits
America's enduring debate over gun control has been one of the most passionate, intractable, and controversial in American politics. The purpose of this course is to critically examine the historical, legal, and sociological arguments undergirding much of the debate. We will examine the gun issue from a variety of disciplinary and intellectual perspectives, including constitutional law, policy theory, history, political science, law, public health, sociology, and psychology. Under each of these disciplines, we will further examine the issues in terms of their historical import, their grounding in constitutional law, the criminological impacts of guns, the behavior of interest groups and political parties, the role of public opinion, and the actions of federal and state government actors and institutions.
Prerequisite: Constitutional Law I (CNLW-200).
ADVANCED CONSTITUTIONAL LAW: POLITICAL PROCESS AND POLITICAL PARTICIPATION (CNLW-320) 2 credits
This course examines the constitutional underpinnings of the law of the political process, from campaign finance to voting rights to gerrymandering to Bush v. Gore. The course will probe the role that courts can or should play in setting the guidelines and rules for participation in the political process.
Prerequisite: Constitutional Law I (CNLW-200).
ADVANCED CONSTITUTIONAL LAW: SEPARATION OF POWERS (CNLW-320) 3 credits
This course will explore the legal, political, and policy frameworks governing the relationship between the three constitutional branches of the federal government. Much of the course will focus on how conflicts between the branches are mediated, principally by the Supreme Court, but a significant emphasis will also be placed on how each branch exerts influence and control on the other two coordinate branches. Topics to be covered will include: theoretical approaches to separation of power analysis; judicial control of the presidency and congressional control of federal jurisdiction; Executive power, including the President's veto, foreign policy, and war powers; impeachment and appointment authority; detention power in the war on terror; signing statements; and congressional and executive supervision of the agencies.
Prerequisite: Constitutional Law I (CNLW-200).
ADVANCED COPYRIGHT LAW (INTP-322) 2 credits
This interactive course will focus on current and emerging topics in U.S. and international copyright law, including currently litigated issues, active legislative proposals and the application of copyright law to new or disruptive technologies and activities, and other practical applications. We will pay particular attention to understanding the business, economic, and other contexts underlying copyright decisions and laws. The course will address international copyright treaty requirements, fair use issues, music sampling, mash-ups and file sharing, rights in databases, exercise of author termination rights, online and social media uses, virtual worlds, preemption/idea theft, copyright trolls, protection of fashion, safe harbor, anti-circumvention measures and other Digital Millennium Copyright Act provisions, the license v. sale of software debate, open source software, protection of architectural works, information technology issues, copyright misuse, and proposals for new copyright principles. The course will include student participation and presentations, some lectures, visiting speakers, and simulation exercises.
Prerequisite: Copyright Law (INTP-320).
ADVANCED CRIMINAL LAW: A 21ST CENTURY MURDER TRIAL OF RICHARD III (CRIM-500) 1 credit
Richard III of England: Condemned by history and immortalized in literature as an arch villain, usurper and murderer of his two young nephews, the "Princes in the Tower". But was he guilty of the murders or the victim of an historic injustice?
For 530 years, Richard III has been the presumed murderer of Prince Edward and Prince Richard, the sons of his dead brother, Edward IV, each in line for the throne he coveted. More than 100 years after the Princes mysteriously disappeared within the walls of the Tower of London, William Shakespeare created a dramatic masterpiece, laden with all the "known" facts, leaving no doubt, reasonable or otherwise, as to the unmitigated guilt of Richard for their murders. That judgment, and its survival, may not pass muster when tested against contemporary standards. Then again, it might. In this course, we shall reopen this "cold" case and give Richard III the trial he never had.
The class will cover the following topics:
- A review of Shakespeare's Richard III and a an overview of the historical record as they relate to the alleged murders of the Princes in the Tower;
- A discussion of how a modern homicide prosecution of Richard III would be initiated and investigated by both the prosecution and defense;
- An overview of the modern law of homicide;
- A discussion of evidentiary issues that arise in complex murder trials, and
- A discussion of alternate approaches to the prosecution and defense of Richard III in a 21st century homicide trial, with the goal of answering the question: Is Richard III guilty or not guilty of the murders of the Princes in the Tower?
ADVANCED CRIMINAL PROCEDURE - MODERN PROBLEMS IN FOURTH AMENDMENT LAW (CRIM-385) 2 credits
This course is designed to give students a chance to explore the latest developments and emerging trends in Fourth Amendment law, and offers a further look at those issues that fall beyond the scope of the introductory Criminal Procedure - Investigative course. The class will build on a basic normative and descriptive understanding of search and seizure law, and incorporate new doctrinal and theoretical ideas applicable to areas that may include digital and online surveillance, the collection of genetic, cognitive, and other biological information, the role of the Fourth Amendment outside of criminal investigations, the relationship of federal law to the that of the states, and more.
Students will be asked to read a variety of judicial opinions as well as a sampling of the existing academic literature in the area, but will not be required to purchase a casebook. In addition to preparing for the discussion and in-class activities from week to week, students will be expected to develop a seminar paper in consultation with the instructor and to present the thesis and research on which that paper will be based to the class during the semester.
Prerequisite: Criminal Procedure Investigative (CRIM-305).
ADVANCED ELDER LAW (ESTA-315) 2 credits
This course builds on the basic knowledge provided in Elder Law (ESTA-310), and will provide a rigorous introduction to the practical aspects of elder law. The Advanced Elder Law Seminar seeks to duplicate the experiences a lawyer is likely to face in a law office or section which serves mostly senior citizens. This course will utilize a problem-based learning model to simulate the challenges Elder Law attorneys face in formation of the attorney-client relationship, planning for incapacity and drafting documents such as Durable Powers of Attorney, Wills for seniors including Wills with Special Needs Trust provisions, drafting and funding Inter vivos Special Needs Trusts, establishment of a Guardianship and the Guardianship process, establishing Medicaid eligibility for a spouse and a single person, and handling adult protection issues.
Prerequisite: One of the following: Elder Law (ESTA-310); Trusts & Estates Clinic (ESTA-400); Indian Trusts & Estates Clinic (INDL-401); or permission of instructor.
ADVANCED EVIDENCE (EVID-350) 2 credits
Advanced evidence takes your basic evidence coursework to the next level. This course bridges the gap between the theory of evidence principles and the practical application of those principles in Court. Students "learn by doing". Students will study the range of evidentiary issues that are raised in contemporary criminal and civil litigation, then argue those issues under the mentorship of a Superior Court Judge. Superior Court Judge Jack Nevin is twenty year veteran of both the SU faculty and the bench, as well as a highly experienced trial attorney with 20+ years of experience trying both civil and criminal cases. Students will be able to draw on this breadth of experience of practice and technique as they work through the curriculum and student exercises. Students will find this curriculum both supplements and prepares them for trial advocacy courses, externships, and the practice of law.
Pre or co-requisite: Evidence (EVID-200).
ADVANCED LAWYERING: EQUAL JUSTICE ADVOCACY AND LEADERSHIP SEMINAR (POVL-410) 2 credits
Formerly titled: Advanced Civil Equal Justice Seminar
This course will explore the challenges lawyers face and the approaches available to them as they work to ensure justice for disadvantaged communities.
Through reading, discussion, and group projects, students will develop:
- Critical lenses through which to explore and understand inequality and systems that perpetuate it;
- Frameworks for using law and the justice system to change these systems; and
- Practical, concrete competencies necessary for:
- effective teamwork;
- self-care essential for sustaining engagement in this challenging work; and
- servant leadership.
ADVANCED LEGAL RESEARCH (LRES-350) 2 credits
This hands-on course prepares students for the practice of law in a technologically advanced environment. The course focuses on developing research skills and information discrimination techniques using electronic resources (Westlaw, Lexis/Nexis, Loislaw, various Internet legal websites). Print materials and electronic resources will be compared to explore their relative strengths and weaknesses. Students will analyze and develop cost-effective and interdisciplinary research strategies. This class will be taken pass/fail only. Enrollment capped at 30. While not a prerequisite, it is suggested that this class be taken after completion of Legal Writing II.
Restrictions: Course must be taken pass/fail. Students may not receive credit for more than one of the following courses: Advanced Legal Research (LRES-350); Legal Research Methods (LRES-300); and Online Advanced Legal Research (LRES-360). Recommended but not required: Legal Writing II (WRIT-200).
ADVANCED REAL ESTATE (PROP-305) 3 credits
This course will concentrate on the application of principles of real estate financing that you learned in Basic Real Estate and combine them with materials from land use planning, bankruptcy, and other areas of the law that relate to real estate. The course will be organized by topics.
Topics which are likely to be covered include:
- Acquiring land
- Planning and carrying out the development of land
- Financing the acquisition and development of land
- Lender liability
- Condominiums and cooperatives
Prerequisite: Real Estate Transactions (PROP-300, former title: Basic Real Estate).
ADVANCED REAL ESTATE: HIGH PERFORMANCE BUILDINGS (PROP-370) 3 credits
The development, leasing and selling of "green" or "high performance" buildings in recent years has opened up a host of legal issues for lawyers working for developers, municipalities, regulatory agencies, and others. This course will survey cases and legislation from across the nation and around the world and will examine the varied structures by which these disparate public and private entities work to allocate risk, establish incentives, and promote this cutting-edge form of development.
ADVANCED TOPICS IN HEALTH LAW: LAW, MEDICINE AND ETHICS AT END OF LIFE (HLTH-350) 2 credits
This seminar will address the legal issues engendered by our increasing control over the end of life. We will consider patient autonomy issues at the end of life, including refusal and withdrawal of life sustaining interventions by both competent and incompetent patients, surrogate decision making, advance directives, pain management at the end of life, and the choice to hasten death with medical assistance including Washington's Death with Dignity law. We will also explore health care providers' right to refuse medical treatment, including refusals based in religious directives and refusals arising from "futility" disputes--when health care providers and families of dying patients disagree about aggressive treatment.
The class format will be a seminar focused heavily on class discussion of readings and guest lectures. The final grade will be based on class participation, short weekly reflection papers, and a final substantial (20-25 page) research paper. This seminar is limited to 20 students.
Pre or co-requisite: Legal Writing II (WRIT-200), prior experience writing an academic research paper or staff role on one of the law school's legal journals. One or more of the following recommended but not required: Constitutional Law (CNLW-200); Elder Law (ESTA-310); Health Law I (HLTH-305).
ADVANCED TOPICS IN INTELLECTUAL PROPERTY: CURRENT PUBLIC INTEREST ISSUES IN INTERNATIONAL INTELECTUAL PROPERTY (INTP-380) 2 credits
This advanced level class will cover current policy problems and proposals in intellectual property (IP) with an emphasis on international issues. It will be co-taught by Professor Chon and Professor Wong, utilizing video/Internet technology to simultaneously connect their respective student groups - one located at SUSoL and the other at UNH Law. Each class will focus on a particular topic of current debate over public interest in the international IP arena. From time to time, guest speakers at either location or a third location will be featured. The objectives of the course are to: (1) enhance and deepen the IP curriculum at both law schools; (2) facilitate greater interaction and discussion amongst law students from different schools and cultures; and (3) teach and learn about IP issues in technology utilizing the latest distance education/remote conferencing technology. Some of the classes will be conducted individually; this includes classes during the weeks of February 23 (UNH Law winter break) and March 18 (SUSoL spring break). Students must have completed at least one 2- or 3-credit basic doctrinal IP class, e.g. Fundamentals of IP, IP Survey, Copyright Law, Patent Law and/or Trademark Law. In addition, some experience in an international law class is desirable, but not required. The first week of class will involve an introduction to basic international IP concepts, treaties, and institutions.
One or more of the following recommended but not required: Copyright Law (INTP-320); Intellectual Property (INTP-300); Patent Law (INTP-305). Recommended but not required: A course in International Law (INTL).
ADVANCED TORTS (TORT-305) 3 credits
This course will address torts and tort issues not generally covered in first year foundational torts, including business torts such as fraud, negligent misrepresentation, interference with contractual relations; first amendment governed torts such as violation of privacy, defamation, and appropriation of personality; and damages issues such as wrongful death, 'wrongful' life, punitive damages, and purely economic consequential damages. It will emphasize these issues from the point of view of the personal injury or insurance law practitioner rather than from an abstract doctrinal perspective; this course is recommended for those who are preparing for a career involving personal injury and/or insurance practice. There will be no significant overlap between this course and course offerings in products liability and insurance law.
Prerequisites: Torts (TORT-100/105).
ADVANCED WRITING SEMINAR (WRIT-300) 2 credits
This course is designed for law students who see the legal profession as a profession of writers and who want to further develop their skills in effective persuasion and in the use of an elegant, clear style. Students will learn a comprehensive approach to style and editing, using Joseph Williams' Style, and they will apply that approach to a variety of legal writing tasks. They will also read selected material on argumentation -- taken from classical rhetoric, current argumentation theory, and narrative theory -- and apply that material to persuasion in legal writing. Coursework will include exercises, revisions of existing legal documents, revisions of your own legal writing, and a final writing project.
Prerequisite: Legal Writing II (WRIT-200).
ADVERTISING LAW (INTP-350) 2 credits
This course examines the legal and regulatory frameworks and principles that impact advertising and marketing in today's global, wired world. The course provides an overview of traditional advertising principles, such as unfair competition and false advertising, and provides an overview of the effect that Intellectual Property and rights of publicity and personality have on advertising. The course provides an overview of the Federal Trade Commission Act and examines the duties and responsibilities of the Federal Trade Commission. The course further examines and considers new and emerging issues, such as online privacy and unsolicited commercial e-mail.
Recommended but not required: Intellectual Property (INTP-300).
AMERICAN INDIAN TRIBAL LAW (INDL-325) 3 credits
This course will examine the development of tribal justice systems from pre-contact through colonization, and into our modern era of tribal self-government. We will describe modern tribal government activities and explore how disputes are resolved within American Indian nations. We will study comparative tribal constitutional law, the tribal laws governing membership in Indian nations and tribal elections, the nature of legal practice in tribal court, and how one becomes a member of a tribal bar. We will also consider how traditional areas of law are handled by American Indian nations, such as civil rights law, criminal law and procedure, domestic relations, property, contracts, torts, civil procedure, and jurisdiction. Finally, we will look at tribal economies and the role played by tribal administrative law and regulation.
AMERICAN LEGAL HISTORY (JURS-330) 3 credits
This course is designed as an introduction to some of the important themes, issues, and arguments in the history of American law and legal institutions. The goal of this course is two-fold: (1) to give you substantive familiarity with these themes and issues and (2) to prepare you to think critically about the various ways in which lawyers, judges, legal academics, and historians mobilize arguments about the history of American law. The course usually sweeps broadly, covering the entire span of American history from the colonial era to the Rehnquist Court and exploring topics ranging from constitutional law to tort law to legal education. The course assumes no prior familiarity with legal history. The class is structured as a large seminar or reading group, with substantial reading and frequent short papers but no final exam or larger paper.
ANIMAL LAW (ANIM-300) 2 credits
This course will explore the substance and policies of legal issues relating to nonhuman animals. Topics will range from the historical evolution of such laws to the dynamic growth and changes in this field of practice over the last decade. Considerations include the legal status of animals as property; liability for injuries by/to animals; nature of damages for loss or harm to animals; veterinary malpractice; constitutional issues (Section 1983 civil rights litigation, standing, personhood, speech); federal protection laws; cruelty laws (and their varied applications to different species); administrative challenges to dangerous dog declarations; wildlife issues; legal questions involving conflicting human and animal interests; and more. Class lectures and discussions will often involve evolving legal issues and even currently pending cases.
ANTITRUST LAW (ANTI-300) 3 credits)
The United States relies on competition rather than government regulation or private cartels to determine what goods are produced and how much is charged for them in most sectors of the economy. This preference for free market rivalry over centralized control is reflected in the federal (and state) antitrust laws: monopolization, mergers, horizontal restraints, and vertical restraints. The main goal of the course is to learn and apply contemporary antitrust analysis, which employs economics, precedent, and public policy in an effort to develop legal principles that advance consumer welfare.
APPELLATE LITIGATION SEMINAR: LABOR AND EMPLOYMENT LAW (2 credits) EMPL-375
In this class, students will explore cutting-edge issues in labor, employment, and employment discrimination law. Acting as attorneys and judges, students will participate in simulated appellate arguments addressing important legal issues currently pending in the federal courts. Thus, the course will allow students to hone appellate advocacy skills and develop substantive knowledge of current labor and employment law topics. Students will be evaluated on their participation in simulations as well as written judicial opinions to be turned in over the course of the semester; there will be no final exam.
Prerequisite: Legal Writing II (WRIT-200).
This course fulfills the professional skills requirement.
ARTS LEGAL CLINIC (INTP-401) 1 credit
This course is a collaboration between the Law School and Washington Lawyers for the Arts, a non-profit organization. Students in the clinic will work with two experienced intellectual property attorneys who serve as adjunct faculty. On the second and fourth Mondays of each month, students will participate with the adjunct faculty in interviewing and advising artists and others seeking legal assistance regarding intellectual property issues. On the remaining Monday(s) of each month, the faculty will engage the students in a variety of lawyering skills activities, including discussions of interviews from the prior week, simulated skills exercises drawing on current developments in intellectual property law, and activities devoted to ethics and professionalism.
Prerequisites: At least one of the following: Business Entities (BUSN-300); Copyright Law (INTP-320); Intellectual Property (INTP-300); Trademark Law (INTP-315); or IP Licensing Law (INTP-310). Restrictions: This course must be taken pass/fail.
This course does not fulfill the professional skills requirement and is not included in clinic registration lotteries.
AVIATION LAW (CIVL-310) 3 credits
This course provides students with a working understanding of the legal processes surrounding International and U.S. aviation law. The course reviews the sources of international aviation law including the International Civil Aviation Organization, and the Montreal Convention which governs international air carrier liability. U.S. aviation law is covered, including the Federal Aviation Regulations, the role of the FAA and NTSB, and tort liability analysis. Actual cases are analyzed by way of strategic problem solving, litigation strategy, and practice pointers. Aircraft transactions (acquisition, lease, finance and sales) are addressed by industry experts. Cutting edge legal issues involving drone operations and federal preemption are also covered. The educational experience is useful well beyond the spectrum of aviation law. This course is also a convenient mini-bar review for torts and product liability, civil procedure, evidence, and sales transactions. Prior aviation knowledge or education is not required.
BANKRUPTCY (BANK-300) 3 credits
This is a survey course on the Bankruptcy Reform Act of 1978, as amended, the leading cases which have construed this statute, and associated state and federal laws governing debtor/creditor relations. Students will gain an overview of personal (or consumer) bankruptcy, as well as business bankruptcy reorganizations and liquidations. The course will emphasize practical problem-solving, considering the kinds of bankruptcy-related issues that arise in the course of a general law practice, not just those confronted in a specialized bankruptcy practice. Course topics will include the rights of debtors, the rights of creditors, the duties and the discharge of such duties by a Trustee, the rights and remedies of a Trustee, the procedural and substantive chronology of a Chapter 11 case, and the jurisdiction of the bankruptcy court.
BAR EXAM STRATEGIES AND SKILLS (BSKL-300) 2 credits
(Former Title: Bar Exam Skills Lab)
Bar Exam Strategies and Skills focuses on building the analytical, writing, and organizational skills necessary to enhance a student's ability to prepare for the Uniform Bar Exam (UBE). Students will become thoroughly familiar with the format and components of the bar exam, will review substantive areas of law covered on the UBE, and will enhance their critical thinking and analytical writing skills. This course provides students with hands-on writing practice, peer evaluation, and individual written feedback. Multistate Bar Exam (MBE) practice tests are administered with strategy sessions to aid in the successful completion of the multiple-choice portion of the bar exam. Multistate Performance test strategy and writing techniques are reviewed along with the completion of two Multistate Performance Tests. Memorization and outlining skills, time management strategies, and stress management techniques will also be taught. Bar Strategies and Skills, while designated to assist with student bar examination preparation, should not be considered a substitute for comprehensive commercial bar review courses.
Restrictions: Students must be graduating within two semesters to enroll. No prerequisites.
This course is required for students in the bottom 25% of their 2L class (for full-time students) or 3L class (for part-time students).
BIG DATA, INFORMED CONSENT AND THE FUTURE OF PRIVACY LAW (INTP-393) 3 credits
This course examines the technological trend of "big data," including an exploration of the promise of big data and of the threat that big data poses to modern privacy law. It includes an investigation of the fundamental building blocks of privacy law, the Fair Information Practices, with an emphasis on big data's implications for the concepts of notice and consent. Additional topics include identity and anonymization, the right to be forgotten, predictive policing, consumer scoring, online behavioral advertising, and big data and discrimination.
BIOETHICS AND THE LAW (HLTH-300) 2 credits
This course examines issues arising from advances in biological sciences and technology as they impact the legal rights and responsibilities of patients, health care providers, and government policy makers. Issues explored include the legal and ethical problems associated with experimental and investigational treatments, reproductive rights, treatment at the end of life, assisted suicide, genetic engineering, and health care resource allocation
BIOTECHNOLOGY AND THE LAW (INTP-365) 2 credits
This course will provide an overview of the legal, business, and regulatory issues faced by biotechnology companies as they evolve from a start-up company to a well-established company. Along the way, we will focus on four major areas of concern during this evolution: (1) transactional, financial, and technology issues faced by start-up biotechnology companies; (2) how to establish robust intellectual property protection and strategies used to realize value from these key business assets; (3) issues related to company growth, as well as issues related to enforcement of patents and defense against accusations of infringement; and (4) issues related to bringing a product to market, such as government regulatory and compliance issues required for product approval and product imports/exports. No technical background is necessary.
Pre or co-requisite: Intellectual Property (INTP-300) or Patent & Trade Secret (INTP-305) or permission of the instructor.
BROADCAST REGULATION IN THE AGE OF THE INTERNET (BUSN-353) 3 credits
Alternative content platforms such as Netflix, Amazon, Pandora, and Vevo are changing what, and the ways in which, consumers view television and listen to radio. Furthermore, the growth of new, upstart broadcast networks such as Fusion and Pivot, and the mediums through which viewers access broadcast content compel a re-examination of the traditional tenets of broadcast regulation. In this course, we will examine the constitutional, statutory and regulatory underpinnings of this modern business model of content delivery. In addition, we will examine some of the social and economic ramifications of the altered landscape of broadcast content, e.g., implications for minority media ownership. Local business lawyers and proprietors will offer opportunities for real-world insights. No examination. Final grade will be based, in part, upon a significant research paper.
BUSINESS DISPUTE RESOLUTION SIMULATION (BUSN-403) 3 credits
This course allows students the chance to simulate the resolution of a classic business dispute from beginning to end. Students will be given a case scenario and then divided into two law firms. They will simulate each step of the representation process including: client interviews, research of appropriate legal issues, informal negotiation and then more formal mediation of the dispute, and drafting a settlement agreement and all related documents necessary to effectuate the "deal" (such as a lease and a LLC Operating Agreement). Students will keep track of their time for client billings and will be expected to keep a journal. This class will be practical and interactive.
Prerequisite: Business Entities (BUSN-300) or The Modern Corporation (BUSN-150).
This course fulfills the professional skills requirement.
Option A: 50% final exam; 50% class participation and required daily writing (explained below)
Option B: 100% class preparation and required daily writing (explained below)
O'Kelley and Thompson, Corporations and Other Business Associations (Aspen 7th ed. 2013)
O'Kelley and Thompson, Corporations and Other Business Associations, Selected Statutes, Rules and Forms (Aspen 2016)
Wall Street Journal (Student Subscription)
Required; maximum of three unexcused absences (explained below)
This course surveys the law of business entities. Particular emphasis will be placed on developing an understanding of the role law plays in the creation, evolution and governance of complex business organizations. Emphasis will be placed not only on understanding business entities as legal constructs, but also as social and economic institutions. Students will be expected to become experts in Delaware business entities law, and to understand the nature of the business lawyers as transaction cost engineer.
Class preparation, participation and daily development of competence is an essential component of this course. Each student will be required to prepare a written "ticket" prior to each class demonstrating his or her preparation for and engagement with the class materials, as well as his or her growing command of class materials. Admission to class is predicated on submission of a satisfactory written ticket at the outset of class. A satisfactory ticket will describe a student's understanding of the assigned material and its relationship to prior classes, will identify questions presented for discussion, and will demonstrate growing command of the course material. A satisfactory ticket must also include evidence of ongoing engagement with the Wall Street Journal as it relates to the course materials and discussion. Students are allowed 3 unexcused absences. Attending class without prior submission of a satisfactory ticket will be treated as an unexcused absence.
Students have two options for grading. Under Option A, the presumptive option, the final grade will be based 50% on the final exam and 50% on class participation and required daily writing (class tickets). However, during the first week of class, a student may instead elect to have their grade determined under Option B; a student so electing will not take a final exam and will be awarded a grade based solely on demonstrated competence as reflected in the student's class participation and required daily writing (class tickets).
This is a bar tested course.
BUSINESS ENTITIES (BUSN-300) 3 or 4 credits
This course begins with a brief discussion of business risk. It then deals with agency principles and considers whether a business ought to be organized as a corporation, partnership, or other entity (such as LLC or LLP). The course next considers the formation process, capital structure, and limited liability before moving on to cover questions of internal governance. If time permits, we then consider questions particularly relevant to large, publicly held corporations such as social responsibility, corporate accountability, and takeovers. This course does not involve the application of the federal securities laws. The topics are analyzed under common law principles, the Washington Business Corporation Act, and the General Corporation Law of the State of Delaware.
This is a bar tested course.
THE BUSINESS OF INTELLECTUAL PROPERTY (former title: INTELLECTUAL PROPERTY PORTFOLIO MANAGEMENT) (INTP-392) 3 credits
This course focuses on the business of intellectual property. It does that by means of an in-depth study of the day-to-day intellectual property issues faced by innovation companies (i.e., technology, pharmaceutical, biomedical, media and entertainment companies) in creating and managing their portfolios of patents, trademarks, copyrights, and trade secrets. The course provides practical experience in thinking of intellectual property as business executives and in-house counsel do - as an asset or business problem (instead of a purely legal concept or issue). The course includes a survey of the main intellectual property disciplines (patents, trade secrets, copyrights and trademarks). However, its primary emphasis is handling real-world intellectual property problems, such as: intellectual property licensing; setting up and maintaining "safe harbors" from copyright infringement liability for web-based enterprises; the establishment of a patent program; managing trade secrets; intellectual property due diligence for mergers, acquisitions and strategic alliances; managing open source software; and other commonly encountered intellectual property related business issues.
Prerequisite or co-requisite: Two or more of the following: Copyright Law (INTP-320); Intellectual Property (INTP-300); Patent Law (INTP-305); Trademark Law (INTP-315); or Intellectual Property: Law, Society and Technology (INTP-150).