MASTER COURSE LIST - NEWARK

Transcription

1 REQUIRED COURSES Civil Procedure Credits: 4 The study of adjudication in modern legal systems as well as the role of participating lawyers from the initial decision to commence a lawsuit through to the final disposition of the suit. The course focuses upon persistent problems common to various kinds of formal adjudication, approaching the subject from functional, comparative, and historical perspectives. Constitutional Law Credits: 4 The study of the United States Constitution, in terms of the structure of government it establishes and the rights it confers upon individuals. The course explores the origin and operation of judicial review, the separation of powers, and more generally the interrelationship between the branches of the federal government, and the respective powers of the federal and state governments, particularly with respect to the regulation of interstate and foreign commerce. The course also provides an initial exposure to the protection of civil liberties and civil rights, including doctrines relating to equal protection of the laws and procedural and substantive due process of law. Contracts Credits: 4 The study of voluntary obligations. The course explores the bases for enforcing promises, e.g., consideration, bargain and reliance, and quasi-contractual obligations. The mechanics of contract formation, including formalities and the effects of adopting a writing, are also explored. The course focuses upon the interpretation of contract and identification of breach, and the subject of remedies and the interests protected by various methods of contract enforcement and calculation of damages. The course may also cover conditions, order of performance, and measures used to incorporate realities external to the classic contract, such as justifications for non-performance and the concept of relational contracts. Criminal Law Credits: 4 The study of the substantive criminal law as a means of social control. The course focuses on evaluation of the considerations which do, or should, determine what behavior warrants criminal sanctions. The course also explores the factors which bear on the treatment or punishment to be imposed for such conduct. Legal Analysis, Writing & Research Skills I & II Credits: 5 This course covers how to research legal sources, analyze legal issues, and write objective and persuasive documents. Students research, draft, and revise several objective memoranda, a trial brief, and an appellate brief that cover a wide variety of legal topics. Students present an appellate oral argument in the spring semester. Property Credits: 4 The study of the rights associated with real property, with special emphasis on possessory estates and basic concepts such as possession, ownership, and title. Rights in the land of another and a brief introduction to future interests and, at times, to personal property are also included. 1

2 Torts Credits: 4 The study of the nature of civil wrongs and of elementary jurisprudential conceptions concerning liability. Intentional torts and their relations to the law of crimes, the law of negligence, theories of causation and their philosophical foundations, products liability and other forms of liability without fault, and professional malpractice, affirmative defenses, comparative fault, damages, insurance, and alternatives to the torts system may also be discussed. UPPER-CLASS ELECTIVE COURSES Applicants should understand that the curriculum frequently undergoes revision. By the time that they enter the second or third year at the law school, it is likely that the curriculum may have changed somewhat from that set forth below. Administrative Law This course provides a general introduction to the constraints upon and the procedures used by administrative agencies, sometimes referred to as the Fourth Branch of Government, and thus provides critical context for other subjects areas in which administrative agencies play a key role, (e.g., environmental law, securities regulation, immigration, and taxation). The course examines the relationship of administrative agencies to the President, Congress, and the courts exploring issues such as the delegation of quasi-legislative and quasi-adjudicatory powers to agencies, and the constitutionality of various means the President and Congress have sought to use to exert control over agency decision-making. The course introduces students to the process of agency adjudication, exploring both the constitutional due process requirements and requirements imposed by the federal Administrative Procedure Act ( APA ). The course also familiarizes students with agency rule-making processes, focusing on the rule-making processes established by the APA. Students will also study judicial review of agency action, in particular considering the availability of judicial review and the scope of judicial review when it is available. Depending upon the professor, the course may also cover agencies powers to obtain information (by subpoena, record-keeping requirements, or inspections) and citizens rights to obtain government information, pursuant to the Freedom of Information Act, and attend public meetings, pursuant to the Sunshine Act. Admiralty Law This course will introduce students to the basic principles of admiralty law, i.e., the statutes and common law regulating the rights and liabilities associated with the carriage of goods and passengers over water. The course will cover admiralty jurisdiction (including the respective jurisdictions of the federal and state courts), as well as the special procedures applicable to admiralty litigation. Students will study substantive admiralty law, including the law regarding the injury and death of maritime workers and passengers, the lease of vessels (i.e., charter parties), the carriage of goods, marine insurance, and liability for collisions among ocean-going vessels. As part of this study, students will explore the impact of and the general international maritime law upon the maritime law of the United States. Advanced Contracts: TV Production Prerequisite: Contracts. This course will provide an introduction to the business side of the television industry, with emphasis on the non-scripted/reality side of the television business. The course will focus on 2

3 contract drafting in the television industry with respect to production and related agreements, with stress on the underlying rights issues involved, while also learning about appropriate contractual wording and phrasing techniques. Thus, students will continue to develop the skills required for transactional attorneys, while concentrating on the issues required to be addressed to get programming on the air. This will be accomplished by a combination of case law study and contract drafting assignments, along with mock negotiations and related classroom discussion. Advanced Civil Procedure Prerequisite: Civil Procedure. This problem-based advanced course covers select topics addressed in the first-year civil procedure course in greater depth and also covers select topics that may not be covered in the firstyear course. Range of topics includes pretrial procedures, jury trials, motions, verdicts and judgments, appealability and review, and alternative dispute resolution. Advanced Intellectual Property Prerequisite: Copyright and Trademark, or Business Torts and Intellectual Property, or Patent Law. Provides an intensive study of issues and concerns pertaining to the prosecution, protection, exploitation, and enforcement of intellectual property rights. Practices and procedures important to obtaining, using, protecting, and defending the use of ideas, trade secrets, copyrights, patents, and trademarks are examined. Students develop their transactional, negotiation, and litigation skills through preparation of documents and mock negotiation. Current developments in intellectual property law are reviewed and integrated into the course study. Advanced Legal Writing for Motion Practice in the Trial Court This small, interactive seminar/workshop gives the student the opportunity to further LRW I and II skills by providing an intensive and collaborative experience in drafting documents at the trial court level. The course simulates real world law practice by having students work from a mock case file to prepare documents for and in support of a motion for summary judgment. Those documents include client correspondence and essential motion practice documents such as supporting certifications and the statement of undisputed material facts. The centerpiece document the student will write is the brief in support of the motion. For that, the student will learn, discuss, and employ advanced techniques of persuasive writing and argument as well as hone skills of clear and succinct writing and organization. For the culmination of the course, based on his/her brief, the student will present oral argument on the motion before a retired State Court judge or practicing attorney presiding as trial judge. Advanced Legislative Advocacy: A Living Laboratory Prerequisite: Legislative Advocacy Building on the fall introductory course in Legislative Advocacy, students will work as a unified advocacy shop with preselected nonprofit organizations from across New Jersey to help them develop, advocate and pass public interest legislation through the New Jersey Legislature. As in the fall, our approach will be holistic, encompassing every road of advocacy not only traditional lobbying, but also the media, grassroots organizing and other innovations rooted in political and interpersonal behavior. Students, together with our partner organizations, will work closely with Senators and Assembly members who become the prime sponsors of legislation developed in the course, as well as with staff, legislative leadership and other key stakeholders. The course will meet 3

4 in all day conferences on four Fridays throughout the semester, with four additional hours scheduled with the instructor based on developments with the selected legislation in the New Jersey Legislature. Advanced Metropolitan Equity Prerequisite one or more of the following: Race, Class and Metropolitan Equity; Housing Law and Policy; State and Local Government; Poverty Law; Land Use Controls. How do the legal rules and political policies governing place affect inequality of resources and opportunity? This is the central question in this class, which adds a significant investigatory element to the interdisciplinary study of how benefits and burdens are distributed in the context of cities, suburbs, race and class. Undertaking the primary work product of the law school s Center on Law in Metropolitan Equity (CLiME), we engage in clinical research on topics of immediate relevance, such as fair housing, infrastructure and transportation, education finance, tax base inequity, environmental justice and public health disparities. Clinical research involves the typical rigor of in-class study and discussion with the hands-on experience of designing a project, consulting with relevant organizations and agencies outside RLS, conducting field research and authoring the legal and policy analysis of your conclusions for a public audience. Students of this class are CLiME fellows and as such will have their work published on the CLiME website ( The class offers a rare opportunity for initiative and independent work in a collective enterprise. American Legal History This course explores the social and cultural meaning of legal texts in American history. It covers topics ranging from 1776 through the 20th century, but focuses on 19th-century themes (e.g., the women s rights movement, the Civil War and Reconstruction-era constitutional amendments, and 19th-century morals regulation, including laws against obscenity and polygamy). A central, though by no means exclusive, organizing frame for the course will be constructions of gender and sexuality in American legal history. Readings will consist of both primary and secondary historical sources. Animal Law/Animal Rights: Theory and Practice This course will be a seminar-type course in which students will discuss animal law/animal rights topics at greater length. Students will be expected to do a major written presentation, such as a pleading, brief, etc., or a significant theoretical project. Antitrust An introduction to the law of antitrust, including the common law of restraint of trade, the basic federal antitrust statutes, the enforcement policy guidelines of the federal antitrust enforcement agencies, and the application of these statutes and guidelines to various arrangements, practices, and institutions (e.g., formal cartels, price-fixing conspiracies, conscious parallelism, trade association activities, resale price maintenance, mergers, boycotts, and tying arrangements) whose effects are potentially anti-competitive. Asset Management Regulation Employee benefits issues arise in the context of business acquisitions and divestitures, labor 4

5 negotiations, health care, family law, and a host of other practices. Knowledge of employee benefits is highly valued by many in private practice and in-house. This course examines employee benefits governed by the Employee Retirement Income Security Act of 1974 (ERISA) and its subsequent amendments. It will cover defined benefit and defined contribution plans, and employee welfare benefit plans. The course examines the rules on eligibility, participation, vesting, funding, and plan discrimination; it also considers cafeteria plans, flexible spending accounts, and other employee welfare benefits. The course will review portions of the recently enacted Patient Protection and Affordable Care Act (PPACA). Aviation Accident Law The course will address the most important aspects of litigating aviation accident cases from a practitioner s viewpoint. We will introduce students to this complex interdisciplinary practice area and explore the major procedural, strategic and substantive legal issues at play when litigating an aviation accident. Specific topics to be covered include liability against airlines, owners and operators, manufacturers, maintenance companies and the Federal Aviation Administration (FAA); compensatory and punitive damages; choice of law analysis; international contracts of carriage and treaties; transportation and security regulations; jurisdiction and venue considerations; the challenges of discovery and use of experts; and, the role of federal agencies such as the FAA and NTSB. Case studies will include several major local aviation disasters (TWA Flight 800 off the coast of Long Island, NY, American Airlines Flight 587 at Belle Harbor, NY and the 9/11 terrorist attacks), as well as other high profile cases. This course will bring together many areas of law including civil procedure, torts, administrative law, contracts, conflicts of law, and international law. Bankruptcy Course not open to students who have taken Debtor-Creditor Law. Covers basic bankruptcy law--title 11 of the United States Code--and federal regulation of debtorcreditor relations. Business Associations or 4 This course covers the standard subject matter of a general course in corporation law, including the nature, formation, promotion, and governance of corporations. Specific topics include comparison of the corporation with the partnership, as well as a discussion of non-partnership unincorporated businesses (LLC, etc.); powers of the board, officers, and shareholders; the federal proxy rules; insider trading and securities fraud; problems of the close corporation; directors fiduciary duties to the corporation and duties to the investing public; social concerns and their relation to corporate governance. Business Torts and Intellectual Property This course is oriented toward an understanding and analysis of the common law and statutory materials available for the acquisition and protection of commercial property rights. Detailed treatment is afforded the law of trademarks, trade secrets, and trade values. The interrelationship of unfair competition, trade values, patents, copyright, and false advertising is considered in some depth. Students will be encouraged to assume the role of legal counsel in typical commercial settings. 5

6 Canadian Legal System The United States and Canada, our neighbor to the North, share a good deal in the way of culture, history, and legal tradition. But Canada is also profoundly different in several important respects: Its system of government is parliamentary rather than presidential. Its equivalent to the United States Bill of Rights dates back only to 1982 rather than The legal system of Quebec, Canada's second-most populous province, is grounded in French civil law rather than English common law. Perhaps most important, Canada achieved its independence, not by revolution or war, but by a peaceful and gradual process of separation from the United Kingdom. This course will explore the special character of Canada through an introduction to its legal system and constitutional doctrine. General topics at the start of the course will include the nature of parliamentary government, the role of the courts and structure of the judicial system, the understanding of aboriginal rights, the place of Quebec in Canada, and the substantial differences between the Canadian and United States systems of federalism. The remainder of the course will focus on topics in Canadian constitutional law, particularly with regard to rights and freedoms including freedom of expression, equality, and cutting-edge questions such as same-sex marriage. Charitable Nonprofit Organizations This course focuses on the tax treatment of U.S. public charities and private foundations, taxexempt under Section 501(c)(3) of the U.S. Internal Revenue Code. The course will also include a survey of other tax-exempt organizations, including business leagues and social welfare organizations, as they compare to charities. The course provides an analysis of the requirements for federal tax exemption, including the prohibition on private inurement and benefit, excess benefit transactions, lobbying, and political campaign activities, and also includes an analysis around the unrelated business income tax, the private foundation excise taxes, and the current tax issues affecting certain public charities, such as donor advised funds and supporting organizations. The course will also examine a number of legal challenges facing charities around formation, obtaining tax-exempt status, governance, and maintenance of tax-exempt status. Through case description and analysis, this course aims to give students a solid introduction to grant making practicalities and operations within public charities and private foundations. Commercial Law Credits: 4 A basic course in sales, secured transactions, and negotiable instruments. Depending on the professor, course coverage can include Uniform Commercial Code articles 2 (sales), 2A (leases), 3 (negotiable instruments/payments), 4 (bank deposits), 4A (funds transfers), 5 (letters of credit), 8 (investment securities), and 9 (secured transactions). Common Law Capstone Credits: 4 Registration possibly required. The Advanced Common Law Capstone course complements and brings together the multistate core curriculum, with a particular emphasis on topics tested on the New Jersey bar examination. The Capstone reinforces concepts covered in the required curriculum and introduces new legal issues in the seven core subjects of torts, property, contracts, civil procedure, constitutional law, criminal law and procedure, and evidence. It serves as a capstone to a student s legal education by filling in curricular gaps and reviewing topics tested on the Multistate and New Jersey bar examinations. Course evaluation will be based on the student s performance on multiple-choice testing that simulates the Multistate Bar Examination. The Capstone will be beneficial for students planning to 6

7 take the New Jersey bar examination, but it is not a substitute for a post-graduate bar preparation course, the completion of which is key to passage of the bar examination. Comparative International Legal Regimes Rather than focusing on one legal regime, this course will compare a variety of legal regimes and this at the international level. It will mainly focus on human rights law, humanitarian law, environmental law, and international trade law. On the basis of these international legal regimes, taken as examples, expressions and tools of international law contributing, or not, to global governance, the objectives of the course will be the following: 1) to acquire basic knowledge on each of these international legal regimes, chosen for their relevance and importance in the overall landscape of international law and global governance; 2) to compare the extent to which there is overlap and convergence in the fundamental principles, values and objectives of each of these regimes; 3) to assess the extent to which tensions and contradictions exist amongst them; 4) analyzing whether or not, and to what extent, these regimes are part of and, amount to a sound and coherent system of global governance; and 5) to examine the conditions under which these international legal regimes could contribute to a better global governance of the world, including in their relations to relevant national legal regimes. Conflict of Laws This course examines the legal problems that arise when a lawsuit involves parties and events connected to two or more states. These problems concern personal and subject matter jurisdiction, choice of the applicable state law, and recognition of the judgment by courts of other states. In addition, students will explore the theories used by courts and recommended by scholars to resolve these problems. Constitutional Law II or 4 Prerequisite: Constitutional Law Course not open to students who have previously taken First Amendment Law. Constitutional Law II will cover the many federal constitutional law areas tested on the multi-state bar exam that are not covered or are covered lightly in the required first-year Constitutional Law course. Topics will include broad coverage of freedom of speech, press and association not covered in Constitutional Law, separation of church and state, the right to bear arms, economic rights, such as takings and the contracts clause, equal protection and substantive due process areas not covered in Constitutional Law, and federal and state powers and federalism issues not covered in Constitutional Law. Construction Law Construction is one of the largest, if not the largest segments of the U.S. and world economy. Lawyers play a significant role in the construction process, as both counselors and litigators. The American Bar Association s Forum on the Construction Industry is one of the largest groups within the ABA, with over 6500 members. This course will expose the law student to the legal, business and technical issues construction lawyers must master to effectively serve their clients. The legal and business relationships that define the construction process will be examined from the point of view of all participants, covering every stage of a construction project from conception through final completion and the resolution of disputes. Legal issues involving contractual relationships, 7

8 damages, liens, defects, insurance and suretyship and dispute resolution will be presented from the perspective of the construction practitioner. Copyright & Trademark This course surveys all areas of intellectual property with a focus on copyright and trademark law. The student will examine the laws that protect the ideas, trade secrets, rights of publicity, copyrights, trademarks, and patents of creators. This course is based in federal statutes and interpretative case law. However, state law is also reviewed and considered, with particular emphasis on relationships between state and federal laws within the constitutional framework of federalism. The move for global harmonization of intellectual property law is explored while reviewing subject matter of cases that cover a broad spectrum of products and services from the turn of the century to modern day technologies. Corporate Finance or 4 Prerequisite: Business Associations The law and economics of the financing of corporations, including (1) the valuation of securities and of the issuing corporation; (2) the rights of senior security holders; (3) insolvency reorganization; (4) capital structure and dividend policy; and (5) mergers, recapitalizations, and takeovers. Course materials include basic financial economics and documentation from actual financing transactions in addition to cases, statutes, and other traditional materials. Corporate Reorganization This course explores the key legal and policy issues that are implicated when a firm reorganizes under or in the shadow of Chapter 11 of the federal Bankruptcy Code. These include the substantive and procedural requirements for confirming a plan of reorganization, the choice between judicial and market valuation of the reorganizing firm, the use of auctions and options in the bankruptcy process, the tradeoffs between liquidation and reorganization, priorities in distribution, the absolute priority rule and its new value exception, private workouts, prepackaged plans of reorganization, claims trading, the relevance of non-bankruptcy law to the reorganization process, and the use of Chapter 11 as a mechanism of corporate governance. Corporate Tax Previously known as Federal Income Tax Corporations & Shareholders. Course not open to Students who have previously taken that course. Prerequisite: Federal Income Tax (Business Associations is preferred) A study of federal income tax laws relating to the conduct of business in corporate form. Deals with the transactions in which tax considerations are of particular importance in business planning, including the organization of a corporation, the formulation of its capital structure, dividend distributions to shareholders, stock redemptions, sales of stock or assets, liquidations, and corporate reorganizations. Primary emphasis on matters of interest in closely held corporations, although many of the principles are also of concern to public companies. Corporate Transactions Prerequisite: Business Associations In this course students study a diverse mix of corporate transactions. Following the business school 8

9 case study model, students analyze these transactions to provide a context in which to learn legal and financial principles and to understand the key agreements that implement the transactions (e.g., confidentiality agreements, letters of intent, merger agreements and legal opinions). The course involves lectures and guest speakers who participated (as accountants, intermediaries, clients or lawyers) in the transactions being studied. This is also a skills course involving negotiation exercises and the drafting of contract provisions. Ethical issues that arise in transactional matters are a key focus of the course. Criminal Adjudication or 4 Addresses the rules that govern the processing of criminal cases, with emphasis on the adjudication stage: preliminary examination, indictment, plea bargaining, trial, sentence, appeal, and collateral attack. Criminal Law Theory: the Sexual Offenses Credits 2 Our law criminalizes a remarkably broad array of sexual, and sex-related, conduct. Among the offenses to be covered in this course are rape, sexual assault, human sex trafficking, female genital mutilation, voyeurism, public indecency, sexual transmission of disease, prostitution, pimping, statutory rape, child molestation, abuse of position of trust, child grooming, sexting, revenge porn, possession of child pornography, failure to register as a sex offender, adultery, assault by sadomasochism, incest, polygamy, bestiality, and necrophilia. We will consider these offenses from a practical and policy perspective, as well as from a more theoretical one. We will pay particular attention to the concepts of harmfulness, wrongfulness, offensiveness, consent, autonomy, deviance, and sex itself. Ultimately, we will be interested in the proper limits of the criminal law: Where has the law gone too far in criminalizing (or decriminalizing) various forms of sexual conduct? Where should it go further? Criminal Procedure Credits: 4 This course provides an overview of the constitutional amendments regulating police conduct in the administration of criminal justice with special emphasis on the due process and equal protection clauses of the Fourteenth Amendment; searches and seizures under the Fourth Amendment; and police interrogations under the Fifth Amendment. Supreme Court decisions in this area have reflected intense division among the justices. Class lectures and discussion will explore the different types of arguments through which constitutional doctrine is developed and the competing assumptions and values that inform the doctrinal divisions. Crisis Management and Lawyers Lawyers must often assist companies confronted with crises that arise on many fronts, including: fires, accidents and explosions; product tampering or defects; workplace violence; hazardous material discharges; customer data theft/loss; financial irregularities; employee misconduct and technology disruptions/failures. Such events disrupt business operations, provoke governmental investigations and expose the company to civil litigation, as well as criminal prosecution. The resultant damage to a company s operations, profitability and reputation can cripple or destroy it. Proactive planning and an effective response to a crisis significantly mitigate its consequences. This course provides practical instruction as to the lawyer s role in assessing the hazards and risks companies face, conducting legal audits to assure corporate compliance with applicable standards and authorities and creating an effective plan to sustain business continuity in the event of a crisis. 9

10 The class also addresses the legal strategies and techniques for responding to crises, including responding to criminal investigations; initiating product recalls; conducting forensic and internal investigations; preserving electronic data and other evidence; media relations; regulatory proceedings and civil litigation. Current Issue in Bankruptcy This course addresses emerging developments in bankruptcy such as the effect of Stern v. Marshall and its progeny on bankruptcy court jurisdiction; and recent noteworthy decisions in areas such as the automatic stay, individual chapter 7 and 13 cases, chapter 11 asset sales and reorganization, exemptions, preferential and fraudulent transfers (using the Madoff case and similar others), intellectual property rights in bankruptcy, attorney compensation in bankruptcy, and discharge of debts (e.g., student loan debt). Debtor-Creditor Law Credits: 4 Course not open to students who have taken Bankruptcy or Secured Transactions. Course provides an introduction to the law of security interests in personal property under Article 9 of the Uniform Commercial Code and the law of individual bankruptcy and corporate reorganization under the Federal Bankruptcy Code. Article 9 topics include the creation and perfection of security interests, priority among the holders of competing interests, and the enforcement of contract rights under the UCC. Bankruptcy topics include the rights of creditors in bankruptcy, individual s right to discharge, the relationship between bankruptcy law and state law, treatment of executory contracts, bankruptcy planning, restructuring of corporations in Chapter 11, and procedure for confirming plans of reorganization. Doing Business in China: Law & Politics Course not open to students who have taken Introduction to Chinese Law. This course begins with an introduction to the legal system of the People s Republic of China. After a brief description of the historical, cultural and political roots of China s legal regime, we will turn to a variety of Chinese laws governing business transactions and dispute resolution (e.g. anticompetition law, company law, contract law, IP law, joint-venture law, tax law, anti-corruption law). We will also study cases and important legal issues American companies may encounter while doing business in China through agents, distributors, joint ventures, or wholly-owned subsidiaries. Economic Regulation This course explores the legal and economic bases for the economic regulation of business. Included are a review of the constitutional limits upon regulation and the evolving rationales for regulation, and, with increasing frequency, deregulation. While the materials will be drawn from several industries, the greatest focus will be on the great transformation which has occurred in the last quarter century in the regulation of the traditional public utility firms particularly those in the energy fields. Education Law A survey of the law governing public elementary and secondary education. The course considers the substantive legal issues that arise in public schools as well as the role of the law and lawyers in public education. Topics include education administration, governance and policy making; school 10

11 desegregation, school choice and school finance; students rights, including the right to attend school, due process, privacy, freedom of expression and freedom of religion; special education; and employment law issues as they arise in the public school context, including tenure, seniority, discipline, freedom of expression, freedom of religion, and collective bargaining. Electronic Commerce The Internet is reshaping every aspect of business activity. In the emerging digital age of electronic commerce, companies will have to adapt quickly and cleverly or risk being overwhelmed by rivals. Today s laws were mostly framed for pre-internet conditions, but rapid changes are essential for electronic commerce to flourish. This course examines the specific business law-related issues which every firm must address when marketing a product online, executing an electronic payment process, or an associated electronic delivery of goods and services. The Internet has changed expectations about convenience, speed, comparability, price, service, and business transactions at every level. Such changes are being reflected in corresponding changes in commercial law. Most of the difficulties addressed by this seminar did not even exist five years ago, such as MP3 pirates, digital signature cross-certification, UCC Article 2B, website tenant rights, among others. Unlike an Internet Law course, which considers a broad cross-section of Internet legal matters, this course will focus on legal issues associated with computer, information, and telecommunication technologies as well as the Internet that result in electronic business transactions. Employment Discrimination Covers substantive and procedural law relating to discrimination in employment on grounds of race, color, religion, sex, and national origin. Emphasis is placed on developments under the Federal Civil Rights Act. Considers both public and private sector problems; judicial proceedings under the Civil Rights Act; administrative procedures under the acts, under Executive Order as amended, and under state civil rights acts; the relationship among the administrative process, the judicial process, and arbitration proceedings under collective bargaining agreements; and questions of remedy (including issues relating to numerical standards, sometimes called quotas ). Employment Law Current topics in the employment relation that fall outside the system of collective bargaining, including: regulation of employment termination; privacy rights on the job (including hiring questionnaire, disclosure of personnel information, searches and seizures, drug testing, electronic monitoring); employment relations of independent contractors and home workers; employee representation on board of directors; employee-owned businesses. Problems relating to invention agreements and covenants not to compete also may be considered. Energy, Economics, & the Environment This course will explore the legal and economic basis for the regulation of the financial and physical energy markets in the context of environmental concerns, consumer costs and safety. It will also cover legal issues arising in the context of energy production, sale and distribution or transmission of energy derived from renewable energy including wind and solar power as well as more traditional forms of energy including coal, natural gas and nuclear. The course will describe jurisdictional issues of entities like Federal Energy Regulatory Commission, Commodities Futures Trading Commission, Justice Department, regional transmission organizations, Secretary of Interior, Environmental Protection Agency, Department of Transportation, state public utility 11

12 commissions and the interplay between national energy policy and state and local energy and land use issues. Policy issues associated with deregulation of the energy industry, rate regulation, siting of liquid natural gas facilities, pipelines and new transmission lines and policies that encourage new generation and renewable energy, as well as the impact of fraud and market manipulation in the financial markets will also be covered. Students will participate in a dialogue on carbon tax and cap and trade and other policies to reduce CO2 emissions. Students will have an opportunity to participate (on a volunteer basis) in a half-day program on site at power plant (past classes have had presentations from the Atlantic City Utilities Authority and the Oyster Creek Nuclear facility). Entertainment Law & Business Course not open to students who have taken Law of the Entertainment Industry. This course examines a variety of legal and business issues confronted by the attorney in the entertainment industry. This practice-oriented course focuses on and explores contractual issues, industry customs and practices, and the law that impacts on entertainment management, music recording and publishing, motion pictures, television, book publishing, live theater, and new and emerging technologies. Current events and new business and legal developments are discussed and analyzed during each class. Environmental Law Environmental law in the United States, as a distinct field of legal practice and scholarship, is younger than some of today s law students and probably most of their teachers and parents, yet it affects profoundly our quality of life, our society, and our economy. This introductory course surveys environmental law through study of a suite of major federal environmental statutes. The evolution and current state of these laws will reveal recurrent themes and problems in the law of environmental protection. The course will also address issues of environmental justice and emerging legal responses to climate change. ERISA & Employee Benefits Employee benefits issues arise in the context of business acquisitions and divestitures, labor negotiations, health care, family law, and a host of other practices. Knowledge of employee benefits is highly valued by many in private practice and in-house. This course examines employee benefits governed by the Employee Retirement Income Security Act of 1974 (ERISA) and its subsequent amendments. It will cover defined benefit and defined contribution plans, and employee welfare benefit plans. The course examines the rules on eligibility, participation, vesting, funding, and plan discrimination; it also considers cafeteria plans, flexible spending accounts, and other employee welfare benefits. The course will review portions of the recently enacted Patient Protection and Affordable Care Act (PPACA). Estates in Land & Future Interests: Credits: 1 The seminar will offer a systematic presentation of the rules and classifications of the estate law. It will largely repeat the Estates and Future Interests segment of the first year Property course with more time devoted to understanding and applying each rule. We will be particularly focusing on practicing problems and learning how to classify estates and future interests and determine their validity or invalidity. 12

13 Estate Planning Prerequisite: Federal Income Tax (Trust and Estates is highly recommended) Most estate planning will address a world where the estate tax either does not exist or can be avoided. Class will open with problems surrounding the initial engagement and documents used in estate planning. It will then consider the elements of the gift tax (which is not scheduled to be repealed). The key element in estate planning is frequently valuation of property, and the legal vehicles and rules surrounding valuation but not the valuation process itself will be discussed. Valuation vehicles are the key to avoiding the estate tax even if it continues. They are also key in circumstances where the gift tax may arise. The so-called carryover basis regime that will accompany estate tax repeal will be considered, and dispositive instruments for the typical twoperson married household (more than 80 percent of all decedents) will be emphasized. Evidence Credits: 4 Prepares the student to use rules of evidence in the preparation and trial of civil and criminal litigation. Using the Federal Rules of Evidence as a framework, the traditional categories (relevance, hearsay, impeachment, writings, experts, privileges, etc.) are examined with the objective of training students to understand the rationale behind all evidence rules so that they can reason about and use all rules of evidence with maximum effectiveness. Experts in Litigation Prerequisites: Evidence AND either Trial Presentation or participation in an Inter or Intramural Moot Court competition for credit. This skills course will explore the expanding role of experts in litigation with a focus on both the relevant law and practical and strategic aspects of using experts in the development of a case theory and in discovery, as well as the development and presentation of expert testimony in depositions and at trial. Students will confront and explore these issues by representing opposing parties in a mock case from the complaint to trial testimony, with opportunities to interact with and conduct examinations of real experts, including consultations with experts in case theory development and in discovery, taking and defending the depositions of experts, and presenting and cross examining expert testimony at trial. Family Law or 4 (as designated) Examines the legal aspects of the family unit, including establishment of the marital relationship, intrafamily rights and responsibilities, marriage dissolution, problems of support and the custody of children, and, as time allows, the role of the state in protecting the welfare of children. The changing role of women is implicated and explored in each area. The four-credit version of this course will include a greater focus on the relationship between parents, children, and the state. Family Law ADR This course introduces the student to the basic divorce mediation process and skills development. Through discussion, simulations, and role-play exercises, this course will highlight the structure and goals of the divorce mediation process. The course will focus on the negotiation skills and techniques mediators use to help parties in resolving their disputes and reaching a mutually acceptable durable agreement. The course also examines the underlying negotiation techniques and strategies that mediators may use; the roles of attorneys and clients; dealing with difficult people 13

14 and power imbalances; cultural considerations; the ethical issues mediators may face; and drafting agreements. The course also addresses the use of other professionals, including financial mental and health practitioners in the mediation process. The course also compares the mediation process with the collaborative process. Federal Courts Credits: 4 Course not open to students who have previously taken Federal Jurisdiction. An inquiry into the powers of the various federal courts; into their relations among themselves and to other arms of governments (state and federal); and into the science, art, and politics of successfully invoking their powers. The major focus is on the role of the federal courts in our constitutional system. Consideration of the types of cases the federal courts should adjudicate, the circumstances under which they should hear cases, when they should defer to proceedings in state courts or decisions by state officials, and the extent to which Congress can alter federal court jurisdiction. Federal Income Tax Credits: 4 Basic course in the structure and operation of the federal income tax and its application to individuals and business organizations. Federal Jurisdiction Course not open to students who have previously taken Federal Courts. An inquiry into the powers of the various federal courts; into their relations among themselves and to other arms of governments (state and federal); and into the science, art, and politics of successfully invoking their powers. The major focus is on the role of the federal courts in our constitutional system. Consideration of the types of cases the federal courts should adjudicate, the circumstances under which they should hear cases, when they should defer to proceedings in state courts or decisions by state officials, and the extent to which Congress can alter federal court jurisdiction. Federal Wealth Transfer Taxation & Estate Planning Trusts and Estates is not a prerequisite for this course, but while not essential, it does provide helpful background information. The "death tax" as it is commonly referred to is often a hot topic raised by both polictical parties, and as you might guess, the parties generally have diametrically opposing views on it. Despite puvlic rhetoric about the elimination of the "death tax" this tax is alive and well. The Fedearl Wealth Transfer tax is a unified system that levies a tax on the right to transfer property during lifetime (the Gift Tax), at death (the Estate Tax) and imposes this tax at every generational level (the Generation-Skipping Transfer Tax). This course will examine the relationship between and fundamental principles of these three donative taxes through case law planning concepts and techniques utilized by estate tax practioners to be based in large part on a series of drafting exercises that simulate the estate planning practice. Financial Statement Analysis Course not open to students who have previously taken Legal Accounting. This course is intended for persons who have never studied accounting. The course begins with an 14

15 explanation of double-entry bookkeeping and some practice in making bookkeeping entries, and progresses through the preparation and understanding of financial statements of corporations, the stockholders equity accounts, and the principles used in determining net corporate income. First Amendment Law Course not open to students who have previously taken Constitutional Law II. This course provides an overview of constitutional protections afforded to speech and to freedom of and from religion. The course will begin by exploring political speech and the limits placed on expression that advocates illegal or harmful conduct. We will then study every other major area of free speech law, including obscenity law, hate speech, commercial speech, symbolic speech, campaign finance reform, public forum law, and the right of expressive association. We will finish the semester by exploring how the Establishment Clause limits the ability of the state to promote religion and how the Free Exercise Clause protects the right to religious liberty. First Amendment & Free Expression Liberty of speech, thought, and association are the first and greatest of American fundamental rights. This seminar explores the rights of freedom of speech and freedom of association in a variety of contexts. The issues covered include political and seditious speech, political protest, artistic expression, associational rights (including those pertaining to personal relationships, such as same-sex unions), political expenditures and contributions as a form of speech, defamation and press freedom, obscene speech and pornography (and more generally sexual expression in the media), hate speech, and Internet content regulation. Food & Drug Regulation Law A course in the federal regulation of food, drugs, cosmetics, and medical devices four of our most vital industries. The seminar is designed to provide an understanding of the statutory provisions and administrative actions that govern marketing of these critical consumer products. It deals with development of federal regulatory controls, pursuant to the Federal Food, Drug, and Cosmetic Act, with particular focus on the response of Congress to such problems as the use of chemical additives in food, the assurance of the safety and effectiveness of drugs and medical devices, and the safety of cosmetic ingredients. A study of both case law and administrative rule-making is undertaken by examining a variety of actions taken by the Food and Drug Administration (FDA) in implementing the Act. The seminar is presented to reflect the concerns of the regulated industries as well as those of the FDA. Foreign Relations & National Security Law An analysis of legal issues arising in the conduct of United States foreign relations and national security, focusing on the constitutional distribution of foreign affairs powers among the executive, the legislature, and the courts; the roles of the President and Congress in initiating and using military force; treaty-making; international law as U.S. law; human rights litigation in U.S. courts; and the justiciability of foreign affairs issues. Several weeks will focus on current issues such as the use of force by the President with or without congressional authorization, and the use of drones for targeting killings. Gaming Law 15