Course Descriptions

Accounting & Financial Skills For Lawyers
Credits: 3 Type: SEM
In our sophisticated and ever-evolving global economy and marketplace, lawyers, in addition to their legal expertise, often need basic accounting and financial skills to be effective. Accordingly, this three credit course is designed to provide a variety of “hands-on applications” of pertinent accounting and financial skills regarding accounting and taxation for entrepreneurs, partnerships and corporations; accounting for mergers and acquisitions; forensic accounting; accounting for managerial decisions and control and an overview of governmental and not-for-profit entities and the impact of the Sarbanes-Oxley Act (SOX) on the audits and practices of publicly-traded corporations in the United States.

Pre-requisites: Accounting for Lawyers

Accounting for Lawyers
Credits: 2 Type: LEC
Studies business accounting with particular emphasis on the preparation and analysis of financial statements and such problems as revenues and costs, tangible and intangible assets, depreciation and amortization, inventory valuation, and surplus and reserves. In addition, discussion is directed to various phases of legal problems and the legal and financial decisions with respect to them. The course is designed for law students having little or no previous knowledge of bookkeeping and accounting.

When is this course offered? Fall semester only

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Administrative Law
Credits: 3 Type: LEC
Administrative Law builds on 1L Legislation and Regulation, digging deeper into the federal laws, rules, and norms governing administrative agencies, and examining the executive orders, federal statutes (especially the Administrative Procedure Act), federal court decisions, and rules promulgated by the agencies themselves. We will consider how agencies promulgate public law within the context of these authorities, as well as the legal mechanisms by which each of the three branches of government attempt to control the work that agencies do.

The prerequisites are 1L Legislation and Regulation and Constitutional Law.  There will be one writing assignment and one 3-hour exam at the end of the semester.


Admiralty and International Maritime Law
Credits: 3 Type: LEC
Application of tort and contract principles to the maritime field with a consideration of traditional maritime subjects: liens, collision, salvage, cargo damage, charter parties, general average, limitation of liability and ship mortgages. Briefer coverage is given to admirality jurisdiction and procedure, federal regulation of shipping, international maritime conventions and choice of law problems.

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

ADR and Ethics
Credits: 2 Type: SEM
One of the most dramatic developments in the fields of law in the past 20 years has been the development of an ethical infrastructure within ADR, which continues to evolve. Critical and complex issues relating to various aspects of ADR processes are coming to the foreground at an increasing rate. This course will examine the myriad of ethical issues arising in negotiation, mediation, arbitration and other ADR processes from the viewpoint of the neutral and the lawyer as advocate. These issues include required disclosure, conflicts of interests, confidentiality, and unauthorized practice of law. Both U.S. and international developments will be surveyed, including applicable codes of ethics. The course will also explore the lawyer's role to advise clients of ADR options and the role of provider organizations.

Additional information: This course may be used to satisfy the Professional Responsibility course requirement.

ADR in Public Employment
Credits: 2 Type: SEM
ADR in Public Employment is a dynamic and growing area of practice. The seminar focuses on the use of negotiation, mediation, fact-finding and arbitration (interest and grievance) by public employees, unions and employers. We will discuss national trends, generally, and case law under the New York State Taylor, Civil Service and Education Laws, specifically. The seminar also emphasizes the development of ADR legal skills in public sector labor and employment law. In teams, we will prepare and present mock negotiations, and mediation and arbitration cases based on fact patterns from the instructor's ADR practice. The final paper will be a post-hearing brief in the mock exercise or a research paper on a timely topic in public employment.

Advanced Business Law Seminar
Credits: 2 Type: SEM
This course provides students with an introduction to current academic research on a range of business law topics. In this way, students learn how the concepts they have studied in traditional business law courses are used to understand, predict, and shape developments in business law. Students read seven or eight works-in-progress by leading academics at law schools and business schools throughout the country, and then they attend class sessions (that serve as workshop sessions) in which the authors present and discuss their works. Students must write a short paper (three-to-five pages) analyzing each of the works presented, and they are expected to participate actively in all discussions. In addition, students may elect to write a research paper (including one that may be used to satisfy the upper-class writing requirement), for which they will receive an additional credit (for a total of three credits).

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Advanced Client Counseling
Credits: 3 Type: SEM
This three-credit offering offers in-depth exploration of client counseling. Building upon Fundamental Lawyering Skills, students probe the complexities of the decision-making process in client representations.  Demonstrations and in-class role plays afford students the opportunity to assess challenges that confront the lawyer as counselor.  Drawing upon cutting-edge legal scholarship, this course will elucidate the advantages and limitations of the conventional traditionalist/paternalist and client-centered/client-autonomous counseling modes and will champion the emerging school of “engaged client-centeredness,” a model which represents a reasoned compromise between extremes on the continuum.

Through adherence to the experiential learning approach, the class will realistically replicate the practice setting.  All course simulations find their roots in actual representations that have been minimally modified to safeguard continuing attorney-client privilege and/or work product doctrine obligations.  Upon completion of this seminar, students will possess a more robust understanding of, and appreciation for, an all-too-often underdeveloped skill of transactional and litigation/courtroom practice.

Prerequisite:  Fundamental Lawyering Skills


Does this course satisfy the skills requirement? Yes

Advanced Contracts
Credits: 2 Type: SEM
 We will look at third party beneficiary law as well as assignment and delegation, topics that often had to be eliminated from the basic Contracts course when the credit allocation was changed from 6 to 5.   We will look also at U.C.C. Article 2A, Leases of Goods.  We will work on drafting issues related to these topics.  We will work on additional drafting issues that will further develop drafting skills.  There will be a final exam.  The final grade will be based upon the exam and drafting assignments completed during the semester.

Advanced Copyright Law
Credits: 2 Type: SEM
Paper required. Satisfies Writing Requirement. An in-depth analysis of selected areas of copyright law. Will have some guest speakers who will discuss copyright issues and practice in specific industries. Can use any copyright casebook you had for a course. Preferred casebook is Copyright Law, Joyce, et al., 9th edition.

Pre-requisites: Copyright Law or Intellectual Property Law or copyright course in other school, or for LL.Ms, without prerequisite course, experience in copyright law

Advanced Criminal Law
Credits: 2
This course provides advanced training in analytic and persuasive legal writing. It focuses on clear writing as the natural extension of organization and thorough analysis. The writing exercises use hypotheticals based on actual cases in a variety of practice areas. Students draft and edit short and long documents including letters, litigation documents, memoranda, and legislation.

Does this course satisfy the writing requirement? Yes

When is this course offered? Fall and Spring semesters

Advanced Criminal Law & Criminal Procedure Seminar
Credits: 2 Type: SEM
This seminar examines a variety of cutting edge, at times controversial,  topics in criminal law and criminal procedure that typically cannot be covered in detail, if at all, in a first year criminal law course.   The topics range from decisions that judges must make during sentencing to the lengths and limits of prosecutorial discretion and defense practices, as well as academic arguments on truth, guilt, criminalization, and criminal liability.  Students will learn how discoveries in more specialized areas, such as racial justice, domestic violence, confessions, and drugs use, all reveal underlying doctrinal and practical problems in the criminal justice system.  The seminar’s primary format consists of a speakers series comprising some of the leading experts in the country – judges, prosecutors, defense attorneys, academics, researchers – who will come and discuss cases, ideas, or their written work so that the class can interact with them directly by way of questions or commentary.  Each week’s reading material will be provided on the seminar’s TWEN site (described at the end of this syllabus).  There is no casebook or material to purchase.

Advanced Criminal Trial Practice and Procedure
Credits: 2 Type: SEM
This seminar examines a variety of multidisciplinary topics in criminal law that typically cannot be covered in detail, if at all, in a first year criminal law course. The primary format consists of a speakers series in which criminal law scholars and practitioners come to discuss their work (in progress or already published) so that the class can directly interact with them by way of questions or commentary.

Advanced Human Rights Seminar
Credits: 2 Type: SEM
The seminar will guide students in working on independent advocacy project relating to access to land in Nepal under international law.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? No

Additional information: Permission needed from department

Advanced Human Rights Writing Seminar
Credits: 2 Type: SEM
The seminar will guide students interested in developing a note topic in international human rights law. The seminar is open to both Leitner Center grant recipients and other JD upper level students working toward a note.

Advanced Intellectual Property Law
Credits: 2 Type: SEM
"This is a seminar on advanced topics in intellectual property. The course will focus principally on two themes: (1) the theories underlying the various forms of intellectual property, and (2) the thematic connections between the different forms of intellectual property (rather than looking at them each separately), such as protectability, infringement, the scope of the right, and fair use."

Pre-requisites: Intellectual Property Law, Copyright Law, Patent Law or Trademark Law

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Advanced Legal Research Workshop
Credits: 3 Type: SEM
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Research: Administrative Law
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Research: Copyright and Trademark Law
Credits: 2 Type: SEM
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Research: Electronic Research
Credits: 1 Type: SEM
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Research: International and Comparative Law
Credits: 2 Type: SEM
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Research: International Humanitarian Law
Credits: 2 Type: SEM
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Research: International/Foreign Legal Research Workshop
Credits: 2 Type: SEM
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Research: New York State Legal Materials
Credits: 1 Type: SEM
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Research: Public Interest
Credits: 2 Type: SEM
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Research: Tax Research
Credits: 1 or 2 Type: SEM
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Research: Transactional Practice
Credits: 2 Type: SEM
Please visit: http://lawlib1.lawnet.fordham.edu/services/advlegres.pdf for the course description.

Advanced Legal Writing Seminar
Credits: 3 Type: SEM
This course provides advanced training in analytic and persuasive legal writing. It focuses on clear writing as the natural extension of organization and thorough analysis. The writing exercises use hypotheticals based on actual cases in a variety of practice areas. Students draft and edit short and long documents including letters, litigation documents, memoranda, and legislation.

Advanced Seminar in National Security and Foreign Affairs Law
Credits: 2 Type: SEM
This seminar will allow students to engage in depth with some of the most important debates currently taking place in government, the academy and think tanks about national security and foreign affairs law and policy. The seminar will include both outside speakers and regular class discussion.  Students will write several short reaction papers, participate in discussion and write their own seminar research paper.  Supervised writing credit is available.

Advanced Topics in Human Rights
Credits: 2 Type: SEM
Students will work independently and collectively to address human rights issues encountered during their summer internship. Each seminar member will produce a Note, fact-finding report or legislative proposal related to their summer project.

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Additional information: This seminar is open to students who have spent the summer as Leitner Fellows working with international human rights organizations either abroad or in the United States.

Advanced Torts: Defamation and Privacy
Credits: 3 Type: LEC
Tort law recognizes that words and images can injure, and through causes of action libel, slander, and the rights of privacy, it attempts to compensate the victims of those injuries. This course begins with traditional tort law of defamation, traces the development of that through key Supreme Court cases of the 1960s, and provides a close examination of current defamation law. Some of the contemporary controversies to be addressed include: the existence and scope of the "fact/opinion" distinction; the use of defamation causes of action in employment-related litigation; the developing "neutral reportage" principle and the proper accommodation of defamation principles to new technologies of communication.

Does this course satisfy the writing requirement? Yes

Additional information: Take-home exam or paper option

Advanced Trademark Law
Credits: 2 Type: SEM
This course will explore current developments in trademark and advertising law, primarily through recent federal court decisions under the Lanham Act. Case materials are updated annually. Topics include dilution, fair use, extraterritorial application of trademark laws, and trademark issues in contextual advertising. By reading full decisions, students will also become familiar with federal court procedural issues.

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Advanced Trial Advocacy
Credits: 3 Type: SEM
Students learn advanced techniques (in comparison with the introduction in Trial Advocacy) in direct and cross-examination, argument to the Court and jury, submission of effective trial memoranda, and other skills of the litigator. The emphasis is on student performance in class by the student-advocate's handling of relatively complex evidentiary and tactical problems during trial.

Pre-requisites: Trial Advocacy

Does this course satisfy the skills requirement? Yes

Advertising Law
Credits: 2 Type: SEM
This is a new course at Fordham Law School, inspired by advertising law courses recently developed at Georgetown and Santa Clara Law Schools.  The course will explore the legal framework that governs “truth in advertising” in the United States, including Federal Trade Commission cases and regulations, state consumer class actions, federal court Lanham Act false advertising litigation between and among competitors, the NAD (Better Business Bureau) alternate dispute system for resolving advertising issues, and issues in copy interpretation, product testing, and claim substantiation.  There is no casebook – the assigned materials will principally consist of reported decisions (a model that has been proven to work in Advanced Trademark Law, a course developed at Fordham by the Professor about 10 years ago).  There will be a take home exam for all students.  Students may also opt to write a paper meeting a Fordham paper requirement, in which case the student need only answer one-half of the take-home questions and the paper will count for 50% of the grade.  Class participation is expected.  While this is not a seminar, it is also not a lecture, but is interactive.

Affordable Housing
Credits: 2 Type: SEM
This seminar explores the law and policy of affordable housing.  We will begin with an overview of housing market dynamics—both for those who rent and those who own their homes—and ways in which housing markets fail.  We will then turn to the primary policy tools that have developed in response, examining in detail several cutting-edge topics including the subprime mortgage crisis, on-going challenges for ensuring fair housing and equal opportunity, and sustainability and “green” affordable housing.

African Comparative Constitutional Law
Credits: 1 Type: SEM
Constitutional law and constitutionalism have become topical issues in many jurisdictions around the globe, particularly regarding their application in democratic governance. The question that confronts many jurists and scholars of constitutional law is whether the pursuit of constitutional system of governance receives or should receive the same recognition in different parts of the world. For the African perspective, this is particularly so considering that many post colonial countries on the continent have not had the benefit of sustained systems of democratic or constitutional governments. The course therefore examines the interplay between constitutionalism and governance in Africa.The course does not seek to cover the entire African continent, which will be over ambitious. It rather concentrates on a few selected countries, with a view to provide a representative view of the continent? Botswana, Ghana, South Africa and Uganda. There will however be references to many other countries on the continent."

Agency, Partnership and LLCs
Credits: 2 or 3 Type: LEC
This course is devoted one-third each to the law of agency, partnership, and limited partnership and limited liability companies. For agency, the focus is on the implied and apparent authority of corporate executives, on the mode of ratification of unauthorized transactions, and on the fiduciary duties from principal to agent and agent to principal, especially in a corporate setting. The tort liability of employers for the unauthorized acts of employees is also covered.

In partnership, the focus is on practical issues arising in commercial and law partnerships, notably the management of partnerships, fiduciary duties among partners, especially when partners leave or are expelled, and the handling of accounting and property rights.

The coverage of limited partnership includes the powers and fiduciary duties of general partners, the status and rights of limited partners and the extent of control limited partners can exercise over general partners. In the new field of limited liability companies, we will review their legal nature, mode of creation, alternative forms of management, financial structure and fiduciary duties, together with the doctrine of piercing the corporate veil.


Alien Torts: International Human Rights Court
Credits: 2 Type: SEM
Designed in 1789 with the Barbary pirates in mind, the Alien Tort Statute was reinvented in 1980 by public interest lawyers as a Trojan horse for human rights in the U.S. courts. The act was first perfected as a weapon against individual transgressors, like the Philippine dictator Ferdinand Marcos and the Bosnian Serb general Radovan Karadzic. In recent years it has been aimed primarily at corporations alleged to be complicit in injustices -- both historical (e.g., apartheid, the Holocaust) and contemporary (e.g., child labor on West African plantations, hydrocarbon pollution in the Amazon basin). This intense burst of creative litigation has tested U.S. judges with a series of thorny (and unresolved) theoretical problems. Among them: the proper standards and sources for a common law of international human rights; the need for exhaustion of remedies; and the deference due the U.S. executive and foreign nations for opposing a suit on policy grounds. With more than ten cases on appeal, the ATS is sure to come knocking on the Supreme Court's door in 2009. This course will trace the progress of the Alien Tort Statute (and the antiterror laws passed to supplement it) through the theoretical and procedural challenges that have been thrown in its path. Students will be encouraged to pick sides in the appellate controversies, and to assess the plaintiffs' tactics in attacking alleged corporate abuses of human rights.

Alternative Dispute Resolution
Credits: 3 Type: SEM
Traditionally, law students are invited to consider adjudication as the most significant and acceptable, if not the sole means of resolving disputes. Yet, we know that the resulting picture distorts the social reality and the role of the lawyer in contemporary America. Other processes are available, and are increasingly turned to for resolving disputes. Moreover, even in ordinary litigation, most cases are never finally adjudicated but are settled after negotiation between the parties or with the helping nudge from the judge. This course will give the student both a survey and a chance to work through simulations of the variety of dispute resolving processes that are currently employed by lawyers and others in America today.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

American Constitutional History Seminar
Credits: 2 Type: SEM
This course is a research seminar that will afford students the opportunity to engage in constitutional historical research and writing.  The research topics will be approved by Professor Kaczorowski in a personal interview with each student.  Students who do not have a topic in mind will be assisted by Professor Kaczorowski in selecting a topic of interest to the student.  Class sessions in the first half of the semester will consist of student discussions of assigned materials.  In the second half of the semester each student will present her paper to the class, and the other students will read the paper and present written comments and questions to help improve the quality of the paper.  The class is limited to fifteen students, and it satisfies the upper class writing requirement.

American Legal History Seminar
Credits: 3 Type: SEM
This course is a research seminar that will afford students the opportunity to engage in legal historical research and writing.  The research topics will be approved by Professor Kaczorowski in a personal interview with each student.  Students who do not have a research topic in mind will be assisted by Professor Kaczorowski in selecting a topic of interest to the student.  Class sessions in the first half of the semester will consist of student discussions of assigned materials .  In the second half of the semester each student will present her paper to the class, and the other students will read the paper and present written comments and questions to help improve the quality of the paper.  The class is limited to fifteen students, and it satisfies the upper class writing requirement

American Legal History Survey
Credits: 3 Type: LEC
This course examines the tension between individual liberty and governmental authority from the seventeenth century to contemporary debates among modern political and legal conservatives, liberals and moderates.  The specific issues and details of the conflict between liberty and authority have changed over time, but they have involved questions regarding the proper role of law and government in defining the specific rights in which freedom consists, the manner in which personal liberties should be enjoyed and exercised, who should enjoy them, and how law and government can best facilitate, protect, and regulate the exercise of personal freedom.  The political theories and actions of the Founders, slavery, abolitionism, the Civil War and Reconstruction, the industrialization and urbanization of American life, the rise of big business, Progressivism, the Great Depression, the New Deal, the dominance of consumerism, and liberal and conservative movements from World War II to the turn of the twenty-first century have produced different ideas of what constitutes personal liberty and what is the proper role of law and government in securing individual freedom.  These ideas involve different and often conflicting approaches to and opinions concerning the proper role of law and government in the regulation of self-determination, economic activity, race relations, gender equality, sexual freedom, and personal morality.  This course explores how the events and ideas referred to above have influence the evolution of law relating to these subjects over the course of American history.

Animal Law
Credits: 2 Type: SEM
This course explores the animal law movement from its inception to its current status. This course examines the development, scope and current application of anti-cruelty laws governing laboratory test animals, trapping, animal fighting, animals used in entertainment, animals used for religious purposes or for educational purposes, and humane slaughter. The relationship of humane animal laws to conservation oriented fish and game law is studied. Federal and selected state laws on transportation of animals and on zoological gardens are reviewed. The course studies law reform, resources, expanding the scope of animal law, and the connection between environmental issues and animal issues at both the local and global levels.

Antidiscrimination Law
Credits: 3 Type: SEM
This course explores the basic assumptions underlying antidiscrimination law so that we can reason critically within legal doctrine, and about legal doctrine. Topics in constitutional law (especially concerning equal protection and privacy) are covered, as well as certain bodies of civil rights law (especially concerning employment discrimination). The course critically analyzes such questions as: What forms of state action does the law recognize as actionable discrimination? Does the law adequately recognize differences, and similarities, in the forms of discrimination directed at racial minorities, women, and sexual minorities? How might the law recognize and redress discrimination directed at persons who are members of several racial, gender, and sexual identity groups? How should the law mediate the sometimes inevitable conflict between liberty/free speech and equality/equal protection? These questions are considered in a variety of contexts, including education, the military, the criminal justice system, and the work place. To help students think critically through antidiscrimination concepts and doctrine, the class reads a variety of interdisciplinary material, including critical race and feminist theory.

Anti-Discrimination Law and Policy
Credits: 3
This course provides an introduction to statutory and constitutional law that has been or can be deployed to fight discrimination across a variety of contexts (employment, housing, public accommodations, and education) and across a host of protected class bases (including race, gender, disability, age, and sexual orientation).

It will also pose questions that highlight embedded political and ideological assumptions -- left, right, and center -- that are either incorporated into prevailing legal doctrines or into challenges to those doctrines.

Reading of cases will be kept to a minimum; more preparation will be spent reviewing statutory materials as well as on interdisciplinary readings that pose significant questions about the development, direction, and efficacy of anti-discrimination law.

There is no final exam.  There are three short take-home exams over the course of the semester, each of which is designed to allow you to respond to two questions within 24 hours of the assignment (with plenty of time to spare).  Your grade may be adjusted up or down to account for participation or lack of participation, and will be adjusted downward to account for unexcused absences.

The use of laptops, tablet computers, cell phones, and other electronic devices is not permitted except as a matter of accommodation for disability.

Does this course have a waitlist? No

Anti-Money Laundering
Credits: 2 Type: SEM
This class explores the area of Anti-Money Laundering with an emphasis on the financial industry. It provides a comprehensive look at the efforts to prevent and detect money laundering and terrorist financing in a post 9/11 world. US and international developments are discussed, as well as the practicalities of implementing Anti-Money Laundering programs. The evolution of the area is examined, including the relevant statutes and regulations, with in-depth analysis of the applicable sections of the Patriot Act. The course also addresses the role of lawyers, financial institutions and law enforcement in the process of trying to stop money laundering and terrorist financing.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Antitrust - International Cross Border Mergers
Credits: 2 Type: SEM
What does an international merger actually entail, and what does it take to get it done?  The course examines the business, regulatory, and legal factors that all come into play in getting a merger or acquisition negotiated, signed, filed, cleared by antitrust authorities, and closed.  We use the actual merger documents and filings used by the parties in the United States and the European Union in a major, multinational acquisition as our working papers.  We also use internal client memoranda to consider the client-centered business issues (in addition to the strictly legal ones) involved in mergers and acquisitions.

The course starts with an exploration of why companies merge, acquire or divest businesses, to understand what is important to the client in a deal.  After a quick review of the governing legal standards, we then move on to the actual filings themselves, including the issues that the regulators raise, why they raise them, and how counsel responds.  Finally, we reach the stage of remedies and decrees – what to divest, how, and where. 


Antitrust – Recent Developments in New York
Credits: 2
This seminar will focus on recent antitrust issues, and particularly on cases that have been related to New York in some way. Possible topics will be cases that involved the entertainment or finance industries or cases brought by the New York Attorney General, though some topics may not be closely related to New York. A goal of the class will be to have as guests the attorneys or economic experts who were involved in the cases discussed. The emphasis will be less on a systematic examination of antitrust doctrine than on exploring the implications of that doctrine for the handling of particular cases.

Pre-requisites: Antitrust Law or previous experience with antitrust law.

Is this course open to LL.M. students? Yes

Antitrust and Intellectual Property Law
Credits: 2 Type: SEM
This course considers the intersection of antitrust and intellectual property (IP) law. Reconciling the two bodies of law is often a challenging task. IP law confers legal monopolies that sometimes create economic power, yet the purpose of antitrust law is to control the creation and exercise of economic power. The course considers several issues, including the important role that innovation and intellectual property play in a competitive economy, market definition and innovation markets, tying and bundling of IP rights, refusals to license IP, deceptive conduct before standard setting organizations, patent pools and package licensing, and pharmaceutical patent settlements involving reverse payments. Although neither antitrust nor an IP law course is a prerequisite, and the course will begin with primers on both bodies of law, students may benefit from prior exposure to one or both areas. The course will be graded on the basis of class participation and analysis papers; however, it may be possible to use it for satisfaction of the writing requirement, after negotiation with the professor. Students who are interested in using the course to satisfy the writing requirement should begin searching for topics in the semester prior to taking the course.

Antitrust Law
Credits: 3 or 4 Type: LEC
Examines the federal antitrust laws, primarily the Sherman Act and Clayton Act. Specific topics covered include monopolization, horizontal and vertical arrangements, and mergers.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

Appellate Drafting
Credits: 3 Type: SEM
This course will focus on appellate writing and the appellate process through working with actual federal appellate cases. Students will assume the role of either counsel for the appellant or counsel for the respondent. They will analyze the record on appeal and evaluate the facts below, the lower court decisions, and the relevant legal authorities. In class they will develop arguments and strategies for the statement of facts and argument sections of the appellate brief. This class aims to provide extensive training in advanced legal writing through the drafting of compelling factual statements and persuasive legal arguments in the appellate context. Students will also have opportunities to hone their appellate advocacy skills by preparing and delivering oral arguments. The writing and litigation skills learned here will be valuable for all aspiring litigators practicing in any area of law.

Appellate Drafting
Credits: 3 Type: SEM

This seminar will focus on understanding the appellate process through an actual criminal case currently pending in either State or Federal Court. Students will be assigned as counsel for appellant or the prosecution, and be required to analyze the record on appeal, assess the lower court decisions and legal issues, develop strategies for the statement of facts and argument, and write an appellate brief. The course concludes with oral argument, giving each student an opportunity to practice her/his advocacy skills before a panel of appellate judges, professors, and/or practitioners. Through related readings and class discussions, students will engage in a critical analysis of the appellate judging process, which should help improve each student’s legal writing strategies and skills.  


Does this course satisfy the skills requirement? Yes

Arbitration
Credits: 2 or 3 Type: SEM
Arbitration in Western Africa Today
Credits: 2 Type: SEM
More than 10 years ago, Fordham Law School, through its Leitner Center, became engaged in many important projects and programs in Ghana with placing those programs in the two major cities of Accra and Kumasi.  In 2010 at the request of the Giving to Ghana Foundation, Fordham Law’s ADR Program Leader, Jacqueline Nolan-Haley and the Law School’s Center for Social Justice, founded by Professor and former Dean John D. Feerick, began an effort with others to establish a major conflict resolution center in central Ghana which is an area with economic challenges. This ADR effort was for a Center to serve as a model for grassroots conflict resolution efforts in Ghana and elsewhere in Africa.  In the past few years, these efforts led to successful ADR Programs at this Center as well as the development of courses concerning ADR in Western Africa taught by Adjunct Professor Dennis Lynch.  This course being offered in 2014 expands on all of these activities because of the growing interest in African Conflict Resolution.
 
This Seminar will examine the development of Dispute Resolution in Western African Countries.  The focus of the course will be on establishing a structure for conflict resolution generally and Alternative Dispute Resolution (“ADR”) specifically in Western African and other places in Africa.  The involvement of non-African participants in the development and support of the first ADR Center in the rural areas of Western Africa, namely the Marian Conflict Resolution Centre (“MCRC”), will be analyzed in detail.  The contribution of African participants in the grass roots efforts to realize accomplishments in the MCRC will be also reviewed in detail. The successes and failures of the MCRC and the challenges ahead for models of Dispute Resolution in Africa will be the superintending focus of study and review of this Seminar.  Students will be challenged to consider the success and failure of ADR Centers in all of Africa with the goal of identify and developing best practices for conflict resolution and ADR systems specifically in Ghana as the basis for development of such systems in Western Africa and elsewhere in Africa.   All Students will be expected to research and report on organizations and structures in Western African nations and other countries with regard to successful ADR practices today.

Arbitration Practice
Credits: 3 Type: SEM
I have expanded the number of credits for this course in order to provide students with more skills development with respect to the drafting of arbitration agreements, distinguishing arbitration from other ADR processes, and conducting arbitration hearings, including the pre-hearing stage. Grades will be based on class participation and a final paper and/or take home examination. The Paper may satisfy the school's writing requirment.  I expect to be assisted in the course by Adjunct Professor Joel Davidson and several outside speakers, including the present and former general counsel of the American Arbitration Association.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Additional information: The grade in the seminar will be based on a take home examination and class participation.

Art and Cultural Heritage Law
Credits: 2 or 3 Type: SEM
Integrally related to intellectual property, art law encompasses the complexities of international law, contract law, and Constitutional law.  This seminar will examine the intersection between the law and the art world, a complex world of individuals, institutions, and expressive works.  We will explore some of the legal issues associated with those intersections and relationships.  The seminar will examine participants' roles, including artists; art patrons and consumers; art dealers and auction houses; government officials; art experts, such as museums, historians, and critics; as well as the "bad guys," such as forgers, thieves, and looters.  We will analyze the relationships between art institutions and those who produce, collect, protect, and "deal" in art.  The substance of the course is an exploration of legal issues, including but not limited to, expressive rights, intellectual property, and moral and economic rights.  The course will also focus on the international movement of art in times of peace and war, as well as the preservation and protection of art and cultural property.

Student evaluation will be based on class participation, a final paper, and the completion of ongoing readings accompanied by short assignments.  In addition to class meetings, students will also be required to view films, attend lectures, and visit museums outside of the regularly scheduled class time.

 


Is this course open to LL.M. students? Yes

Art Law Practicum Seminar & Fieldwork
Credits: Seminar-2 | Fieldwork-2
Students in the course will gain an understanding of, and practical experience in, the corporate and transactional legal issues and concerns faced by visual artists and arts organizations and the legal professionals who represent and counsel them.  The students’ experience will consist of two components, a seminar and supervised arts-related fieldwork related to The Art & Law Program (http://artlawoffice.com/education/art-law-program/). Additionally, the course will feature guest speakers with an expertise in authentication disputes, gallery-artist disagreements, as well as current copyright and trademark issues in art law.
The seminar will cover theoretical and practical aspects of representation in corporate and transactional law. The substantive law in the seminar will include those areas typically faced by arts clients, such as artist-gallery relationships, copyright, moral rights, trademark, contracts, commissions, and entity formation, including nonprofit, tax-exempt corporations. Practical aspects will include issues with interacting, advising, and representing contemporary artists working in diverse strategies and media, from conceptual art to digital and organic materials. In order to facilitate the latter aspect, the course will also introduce students to major 20th Century art movements and theories necessary to understanding contemporary art.
In the supervised fieldwork, students will spend eight to ten hours each week outside of class working on behalf of an artist currently in The Art & Law Program. The artists in The Art & Law Program all have diverse practices ranging from the fields of contemporary art, architecture, film, curating, and writing. Field work will consist of meeting with the artists;  drafting memoranda stemming from student-artist meetings; and legal research and writing based on the artists’ questions.  Students will also discuss ethical, tactical, legal and institutional issues that arise during class as well as their meetings with and research for the artists.  
Coursework from both seminar and fieldwork will be assigned.

Asian Legal Systems
Credits: 2 Type: SEM
This seminar is a chance to gain additional perspective on our own system by looking at the historical development and present-day functioning of legal systems in Asia. It includes looking at their historical roots, and in particular the broad influence of Chinese legal philosophy and early legal institutions. In Japan we look at the maturing of the traditional Japanese system during the long period when Japan was closed to foreign influence. The course then turns to the development of the modern systems beginning in the latter part of the 19th Century. The influence of Europe, and eventually of America, is an important part of this story. We will look at criminal procedure and constitutional law as well as commercial law. Those with an interest in another Asian country-for example, Korea, Vietnam or Thailand-can also incorporate some comparative study of that system into their papers. Our emphasis will be on each country's legal culture, and how that interacts with the general cultural attitudes of the society. The material is not oriented toward doing business, but may be useful for lawyers who deal with Asian transactions or lawyers in connection with their practice. A number of guest speakers from Asia will provide an opportunity for discussion with them of the various topics considered. Ample research material is available in English, but anyone with Asian language skills will be encouraged to use foreign language research materials. Paper topics will be selected at the fourth session, a bibliography and outline is to be submitted by the sixth week, and a rough final draft is to be submitted by the beginning of the tenth week to allow for individual conferences and revision.

Aviation Law
Credits: 2 Type: SEM
Considers problems in the sources and organization of the law of international and domestic air transport, routes and rates, choice of law and forum, hijacking, exculpatory clauses, carrier liability for personal injury, death, and cargo damage, governmental liabilities, types of liabilities and limitations thereof, ground damage and other offensive aircraft operations, including air pollution and sonic boom.

Does this course satisfy the writing requirement? Yes

Banking Law
Credits: 3 Type: SEM
The relationship between banks and other financial services institutions will be examined in this course, along with bank and bank holding company powers, restrictions and abilities to enter new fields. The course will review the laws affecting commercial banks and thrift institutions, the functions of the various federal and state regulatory agencies, the development of innovative forms of financial services, the effects of electronic technology upon banking law and interstate banking.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

LL.M. Notes: Core course for LL.M. Banking, Corporate & Finance Law Program

Banking Litigation
Credits: 2 Type: SEM
Banking litigation is an enormous field. In 2013, The Wall Street Journal described global banks as facing a legal tab greater than $100 billion resulting from litigations "tied to the mortgage meltdown, the financial crisis and the rate-rigging scandal." This course deals with these topics and others, as well as legal trends and disputed issues in banking litigation.
 
The goal of the course is to prepare students for a career involving banking litigation, whether at a law firm or in-house at a global bank. Some other topics covered include service of process on international banks; jurisdiction as applicable to international banks; New York's separate entity doctrine and the current split among courts regarding its ongoing validity; legal issues relating to electronic fund transfers; foreign and domestic banking secrecy acts, including litigation regarding the banking regulatory privilege and the confidentiality of SARs; litigation regarding sanctioned entities; litigation implicating foreign sovereigns; and litigation involving Know-Your-Customer requirements. This course will also consider recent trends of Anti-Terrorism Act litigation focusing on international banks, and the problem of litigation arbitrage (where banks are forced to confront conflicting discovery and confidentiality requirements).
 
The course will include guest speakers from leading international banks and private practice, providing opportunities for students to meet and discuss these issues with practicing attorneys. This is a skills course open to both JD and LLM students.

Does this course satisfy the skills requirement? Yes

Is this course open to LL.M. students? Yes

Bankruptcy Law
Credits: 3 Type: LEC
The course includes the study of the 1978 Bankruptcy Reform Act and subsequent amendments, the controlling Bankruptcy Rules and leading cases which have construed this statute as well as its predecessor. The course is dealt with from the standpoint of the mechanics of a bankruptcy, a Chapter 11 and a Chapter 13 case, 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.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Bankruptcy Litigation
Credits: 2 Type: LEC
Litigation in Bankruptcy Cases deals with litigation in the context of bankruptcy and the Bankruptcy Code and Federal Rules of Bankruptcy Procedure. It will deal with an overview of litigation generally in the federal system including the Federal Rules of Civil Procedure, the bulk of which are applicable in bankruptcy litigation. Jurisdiction of the Bankruptcy Court and the appellate process from rulings by the Bankruptcy Court and the specific areas of litigation in bankruptcy will be discussed. This will include all proceedings whether or not begun by summons and complaint under the Federal Rules of Bankruptcy Procedure; all motions in the myriad areas where motion practice is the means of litigation; adversary proceedings under Part VII of the Bankruptcy Rules and the application to those kinds of proceedings of the Federal Rules of Civil Procedure. Emphasis will be basically on adversary proceedings by trustee to avoid voidable transfers, discharge and dischargeability of claims against debtors, actions to fix liens, etc. Some emphasis will be on non-adversary proceedings involving Chapter 11 plans and the confirmation process.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 20

Does this course have a waitlist? No

Bankruptcy Valuation, Hedge Fund Participation, & Modern Trends in Litigation
Credits: 2 Type: LEC
The bankruptcy process is now driven by sophisticated financial actors such as hedge funds and private equity funds. Understanding their investment perspective and the tools they use is a vital part of being a successful advocate. This course will provide an introduction to the valuation methodologies that are used in bankruptcy litigation and how these methods power litigation in the courts. Thus, the first half of the class will be dedicated to mastering the basics of valuation and debt investment. In addition, we will examine how bankruptcy courts evaluate, hard-to-value assets, and real estate when valuing a debtor. We will also study some of the consequences of hedge fund participation, such as fiduciary obligations and intercreditor conflicts.

Beyond Intellectual Property
Credits: 2 SEM 1 FLD Type: SEM
The course will explore the interconnection between intellectual property and related subjects, which constitute novel and non-traditional perspectives of intellectual property laws. Each of the topics will be presented and discussed within the theoretical background, practical aspects in the US as well as within comparative and international contexts. Moreover, many of the topics are related to either drafts, suggestions or recommendations of international conventions being discussed by leading International organizations, such as WIPO (World Intellectual Property Organization) or WHO. The course will address, inter alia, the following topics: intellectual property rights in the workplace, privacy within social networks and the right to be forgotten, traditional knowledge, intellectual property and gender, access to knowledge for persons with disabilities, freedom of association of workers from the entertainment sector vs. competition and antitrust laws.The unique character of the course will be the involvement of the students in conducting legal research (US laws,  comparative and international aspects) and preparing a paper to be published (when meets the criteria) within a book (TBP by Fordham Press) and/or to be submitted (subject to certain limitations) to the relevant international organizations (i.e. WIPO). In this way the student will work on research projects that promote innovative recommendations through the design, implementation, and reform of relating conventions and have the opportunity to try to influence the  policy makers. The students will gain not only theoretical, international and comparative legal knowledge as well as acquiring new ways of thinking but also practical legal experience.The students might have the option to attend a seminar in one of the international organizations in Geneva and visit the Swiss Institute of Comparative Law in Lausanne, subject to the approval and conditions of the specific organization and the enrollment of minimum number of students. The course will include two academic hours of class presentations per week followed by one hour, once in 2-3 weeks, of consulting meetings and discussion with the students regarding their research. 

Broker Dealer Regulation
Credits: 2 Type: SEM
Broker-dealer regulation explores the federal and state laws and the self-regulatory system and rules under which brokerage firms and their associated persons operate. We take a pragmatic look at the challenges faced by the brokerage industry and the lawyers who advise retail, institutional and investment banking firms. Topics include who needs to register, the scope of a broker's duties, suitability, compliance, supervision and supervisory controls, the various forms of and limitations on broker compensation, managing conflicts of interest, controlling inside information, record-keeping and reporting, electronic trading, enforcement proceedings, arbitration and litigation, and the role of brokerage firms in capital markets transactions. The course is conducted in an informal seminar style and requires a paper, in lieu of exam, which may be used to satisfy the writing requirement.

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

When is this course offered? Fall and Spring semesters

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Business Bankruptcy
Credits: 2 Type: LEC
This is designed to be a basic Business Bankruptcy course for students who have not previously taken a bankruptcy course at Fordham. It will consider issues that arise in Chapter 7 liquidations as well as Chapter 11 reorganizations but put particular emphasis on restructuring and reorganization under Chapter 11. The course will deal with the filing of a proceeding; administration of the case and the appointment of professionals; the automatic stay; financing of the proceeding; use, sale or lease of property of the estate; claims of the estate and against the estate; and distributions in Chapter 7 and plan formulation, vote solicitation and plan confirmation in Chapter 11. Cross-border issues and ancillary proceedings will also be considered briefly.

Enrollment Cap: 25

Additional information: This course will not be open to students who have taken the courses in Bankruptcy Law, Corporate Reorganization in Bankruptcy or International Insolvency.

Business Organizations Drafting
Credits: 3 Type: SEM
This course will focus on the documents required to create and capitalize corporations, partnerships, and limited liability companies.  The class will begin by discussing capital structure and fundamentals of corporate finance.  It will then examine a public company’s certificate of incorporation and bylaws, including provisions relating to takeover defenses.  The class will study shareholder and similar agreements and draft selected provisions of those agreements.  Moving beyond equity capital, students will analyze documents for senior debt and mezzanine capital, including subordinated debt and preferred stock, and draft provisions of these documents.  The class will also learn about joint ventures, which can take many corporate forms, and consider the governance, exit, termination, dispute resolution and compliance provisions.

Pre-requisites: Corporations

Business Torts
Credits: 2 Type: LEC
"The course surveys a variety of causes of action for nonphysical harm that ordinarily are not covered in the basic contracts and torts courses but form the core of many lawyers' business and commercial litigation practice; develops ways of understanding the causes of action, the connections among them, and their relation to the general law of tort and contract; and considers how the issues are presented to lawyers in practice. Topics covered may include unfair competition (deceptive marketing, trade mark infringement, misappropriation of trade secrets), consumer fraud, patent infringement, interference with contract and economic advantage, employment torts, and liability for consequential economic harm.
"

Canon Law
Credits: 2 Type: SEM
This seminar will offer law school students a preliminary insight into the structure and internal law of the Roman Catholic Church. It will involve a study of the entire Code of Canon Law of the Latin-rite Church with some references to the Code of Law that governs the Eastern-rite Churches (e.g., the Greek, Maronite, Ruthenian and Ukrainian Catholic Churches).The seminar will begin with a basic history of the Church's development of ecclesiastical law. The Code of Canon Law will be studied in detail, with topics grouped into the following categories: General norms that govern Church law, including those affecting juridic persons (similar to civil corporations)The status and role of physical persons in the Church, their rights and duties, and an overview of the Church's fundamental hierarchical structure The Church's educational mission and structures The sacraments, particularly marriage Property and finances, including norms for alienation of property and for trusts and estates Procedural law, especially that governing marriage annulments Sanctions: the penal law governing delicts (Church crimes) and their punishment.

Capital Punishment
Credits: 2 Type: SEM
This seminar examines the capital punishment system in the United States. While the emphasis is on U.S. Supreme Court cases concerning the constitutionality of the death penalty and how it is administered, the seminar will also examine moral and political issues; death penalty litigation and habeas corpus; and current proposals for reform.

Catholic Perspectives on Conflict Resolution
Credits: 2 Type: SEM
This two credit seminar offers an historical and contemporary account of Catholic perspectives on conflict resolution, war and peace.  It examines the evolution of the just war theory from St. Augustine until the present time with particular emphasis on papal documents.  Other topics for the course include:  the role of the Holy See in international relations and in transitional justice regimes; Catholic peacemaking and peace building traditions; U.S. Catholic approaches to war and peace; the doctrine of humanitarian intervention; Catholic international mediation efforts; and, Catholic non-violence theory.

Catholic Social Thought and Economic Justice
Credits: 2 Type: SEM
This abbreviated seminar focuses on the response of the Roman Catholic Church to the economic order as it has evolved over the past century, and explores its potential implications for various areas of legal practice and policy.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Additional information: Two-credit option available for students who would like to write a paper that satisfies the parameters of the writing requirement.

Charitable Nonprofits and Politics
Credits: 2 Type: SEM
The U.S. Supreme Court’s expansive 2010 decision in Citizens United v. Federal Election Commission represents a new and enormously controversial chapter in the longstanding debate on the funding of political campaigns by business corporations, advocacy organizations and unions. But what does this decision mean for charities? The Internal Revenue Code forbids charities—as opposed to other entities in corporate form---from “participat[ion] in, or interven[tion], …in any political campaign on behalf of (or in opposition to) any candidate for public office.” With well over 1.5 million charities in the U.S., including major health care organizations, universities with multi-billion dollar endowments, and private foundations with billions of dollars available for grants, charities are an indisputably significant sector of our economy and policy making apparatus. The consequences for a charity that steps over the line can be deadly: loss of Federal tax exemption and loss of charitable contribution deductibility for donors.
Designed as a basic introduction to the intersection of Federal election law and tax law governing charities, this seminar will review the relevant aspects of Federal tax law and Federal election law along with the rules regarding electoral politics as applied to the other types of organizations noted above. We will explore detours around the tax law restrictions that charities have developed over the years and the reactions to these “work arounds” by the Internal Revenue Service, the courts and other constituencies. Course readings will include key Federal and U.S. Supreme Court cases that since the early 1970’s have defined the constitutionally permitted limits of  political engagement as well as Internal Revenue Service rulings and guidance.  As a class we will examine the pros and cons of the limitations on charities, both from a tax policy and Constitutional perspective. This analysis will help us frame an understanding of the debates that are beginning to flow from the  Citizens United  decision. The seminar will have a final paper rather than an exam.

Does this course satisfy the writing requirement? Yes

Additional information:
Required Materials: will be posted online.
Grading:  The course grade will be divided 40% for class participation, including attendance, and 60% for the final paper.

Child Abuse and Neglect: An Interdisciplinary Approach
Credits: 3 Type: SEM
This course examines the roles of lawyers and social workers in child abuse and child neglect cases through a series of simulations involving both law and social work students. Simulations cover initial case conferences, the fact-finding hearing (with an emphasis on expert testimony), and the dispositional stage of the case.

Does this course satisfy the skills requirement? No

When is this course offered? Spring semester only

Children & Immigration Law
Credits: 2 Type: SEM
The proposed seminar on Children and Immigration will explore emerging law, policy, and practice affecting migrant children. Classes will survey the key international and federal immigration, child protection, and human rights laws, followed by state and local laws and policy initiatives. Particular attention will be given to the conflict between children’s rights and sovereign nations’ right to regulate the admission of noncitizens through immigration controls. Students will be exposed to the complexity of legal issues that affect this vulnerable population as immigration and child welfare law intersect with many other systems, including juvenile and criminal justice, education, health, and labor rights, and will apply the law in class to case study scenarios. In addition to the relevant law, the course will explore innovative strategies for promoting children’s rights in practice and policy and comparisons will be drawn to policies in Western European and other destination countries for migrant children. Guest speakers from premiere legal services and advocacy organizations will be invited to present and participate in classes.<p>
Grading:  Attendance and Class Participation (20%); Reaction Paper 1 (20%), Reaction Paper 2 (20%), Final Exam (40%).

Children and the Law
Credits: 2 Type: SEM
This seminar explores the unique status of children under our legal system, and addresses the fundamental question of how the law allocates decision-making power and responsibility for children among the child, the family and the State. This question will be considered in a number of contexts, including medical care and research; privacy and reproductive decision-making; child abuse and neglect; education; parent-child conflicts and the so-called "status offenses," and legal proceedings for the emancipation of minors. The seminar will also examine in depth the role and professional responsibilities of lawyers representing children.

China and International Law
Credits: 2
Over the past thirty years, China has gone from one of the most isolated countries in the world to a major player in international affairs, a leading exporter, and a much more influential voice on regional security matters. Yet even with the rapid economic growth and increased influence that China has achieved over the past several decades, it maintains an ambivalent attitude towards many key aspects of international law and the architecture of global order. This class will explore China’s ambivalent engagement with international law in the context of its increasing prominence as an emerging power, and will in particular look to address the question of how China might adapt to the existing world order, and the ways in which it might look to influence its evolution. The class will cover a range of issues, including China’s membership in the WTO; its engagement with the international human rights regime; China’s approach to international cooperation on issues like global warming and nuclear non-proliferation; and international law aspects of the dispute over the South China Sea; among others.  

Chinese Intellectual Property Law
Credits: 2 Type: SEM
Chinese intellectual property law is a two credit condensed class, that we expect to complete after meeting for four hours per class session over seven weeks.  The class is a survey of developments in intellectual property law in China (patents, trademarks, copyrights, trade secrets, licensing as well as US remedies).  The class will enable students to provide basic strategic advice to clients on how China utilizes intellectual property for its own industrial development purposes, and what legal tools are available to mitigate these challenges.  We will also analyze new developments as they appear during our course work, and we will have guest speakers from practice.  Readings will be distributed by email and by readings on reserve. 
 
For our fifth class or sixth class we expect to schedule a study visit to Washington, DC where we will visit the USPTO, the Court of Appeals for the Federal Circuit, and other agencies.  In the past we met the Director and Deputy Director of the USPTO, the Chief Judge of the Court of Appeals for the Federal Circuit, and other important actors in Chinese IP.  The study visit would likely take the place of two class sessions.
There is no final exam.  This class involves preparation of a final paper which is due one week before the commencement of final exams.  The paper will involve examination of a particular problem under Chinese IP law, a comparison of that problem with practice in other countries, an analysis of the economic or social impact of the problem, and a proposed resolution of the problem, utilizing information and approaches discussed in class.   Students may freely consult with Prof. Cohen in preparation of the paper.  In prior years a significant percentage of students have been successful in having their papers published.  The final grade is based on a class performance, paper presentation and final written paper.
 
There are no   prerequisites for the class.  Knowledge of IP law, Chinese law or Chinese language is helpful, but certainly not required.  Students who have taken intellectual property law in China may find that the class approaches IP issues in China differently from their prior training, and that the class is not repetitive of their prior work. 
 
Students with a particular interest in a specific field of IP law in China, such as life sciences patenting, software protection, geographical indications, protection for fashion designs, Chinese legal history, or US litigation to deal with Chinese IP infringement, will find ample opportunity to pursue their passions in class work and their final papers. 
 
This will be the third year that this class has been offered at Fordham.  It was the first class on Chinese IP law taught in North America.  Professor Cohen has 30 years’ experience in this area.  He was formerly a Visiting Professor at Fordham, who now leads the China team at the US Patent and Trademark Office. He was formerly the US IPR Attaché at the US Embassy in Beijing (2004-2008).  He is also on the faculty of Renmin (Peoples) University of China, and has worked in house at Microsoft, at Jones Day, as general counsel of a pharmaceutical company, and as a solo practitioner

Civil Litigation Drafting
Credits: 3 Type: SEM
This seminar covers the preparation of civil litigation papers in a trial court.  Students analyze the legal issues raised by hypothetical fact patterns, develop litigation strategies, and prepare various litigation documents including complaints, answers, discovery requests and responses, affidavits, and memoranda of law.

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Civil Litigation: Tax & Consumer Protection Clinic
Credits: 5 (2 seminar, 3 casework) Type: CLN

Through income tax and consumer protection cases, students in the Civil Litigation Clinic litigate in federal, state and local courts and advocate in pre-litigation administrative proceedings.  Clinic cases involve tax controversies, consumer fraud, consumer debt collection, identity theft, and predatory lending.

Student-attorneys: interview clients; evaluate the merits of claims and defenses; draft and respond to motions, briefs, pleadings, and other court papers; argue motions; negotiate settlements; strategize; and otherwise provide full representation to our clients. (This Clinic provides legal services only, and not tax preparation, bookkeeping or accounting services.)

Our clients are day care providers, home-health care aides, barbers, nurses, waiters, clerks and small business owners, who often lack the sophistication to defend themselves against well-heeled commercial lawyers and the government.

 


Pre-requisites: Fundamental Lawyering Skills

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Additional information: Preference will be given to students who have completed one or more of the following courses: Income Taxation, Bankruptcy, Consumer Protection, New York Practice, Real Estate, Commercial Law, Professional Responsibility, Evidence.

Civil Procedure
Credits: 5 Type: LEC
The study and critical evaluation of principles applicable to the litigation of civil cases. The course considers the structure of an individual law suit and provides an introduction to judicial systems, including both the relationship of state court systems to each other and the role of the Federal courts in our system of federalism. The course places particular emphasis upon the Federal Rules of Civil Procedure and on basic principles of jurisdiction including both personal jurisdiction and federal subject matter jurisdiction.

Additional information: This is a first-year course.

Civil Rights Litigation Drafting
Credits: 2 or 3 Type: SEM
Based on a hypothetical fair housing case, this course is designed to teach students how to draft documents common to civil rights cases.  The course is of special interest to students who are contemplating a career in civil rights law, but it also trains students in general civil litigation drafting skills.  Students draft pleadings, discovery requests and responses, letters to clients, settlement agreements, and summary judgment motion papers.  This offering differs from Civil Litigation Drafting only in being more specialized in its substantive focus; students may not take both courses for credit.

Does this course satisfy the skills requirement? Yes

Civil Rights: 9/11 and Non-Citizens
Credits: 2 Type: SEM
This course will examine how the government's post-September 11 policies have affected non-citizens. Among the areas that will be addressed are:
  1. secret immigration hearings;
  2. the various means used by the Justice Department in the wake of September 11 to detain non-citizens;
  3. the special registration requirements for non-citizens from select countries; and
  4. whether the government has selectively applied its post-September 11 policies to non-citizens on the basis of race, religion, ethnicity or nationality.

The primary focus of the course will be a straight academic assessment of the legality of the government's policies in each of these areas. The class, however, will also explore the issues from a variety of other perspectives, including from the perspective of history and from the strategic perspective of the lawyers and litigants involved in major September 11 cases.


Class Actions
Credits: 2 Type: SEM
This course examines class actions from both from a political perspective and a practioner's perspective.  The realization that people were being injured en masse by widely used products arose in the 1970's on the heels of far-reaching judicial decision-making in the area of civil rights. The inroads made by the judiciary in civil rights "legislation" provided that body with the ideological hook it needed to legitimize judicial cures to widespread consumer ills.  But, how effective has the class action been in fostering social and political change?  In addition to considering this question in a variety of contexts, the course provides hands-on experience in drafting a class action complaint as well as in presenting arguments for and against class certification.

Clinical Externship: Administrative/Immigration Seminar and Fieldwork
Credits: Seminar 1 | Fieldwork 2 Type: CLN
This is a skills-focused practicum combining an immigration field-placement with a weekly seminar in support of and to complement the field experience. The course is designed to prepare students to creatively approach problems and develop strategies in administrative/quasi-judicial proceedings. Through field placements, case studies and, simulations, students will encounter typical scenarios from all phases of this type of an administrative practice with an emphasis on methods of developing facts including interviewing, direct examination, case theory development and planning, witness preparation, document identification and, opening and closing statements.
Each week students will have an opportunity to discuss the experiences gained through working for an immigration service provider. During the seminar portion of the practicum we will engage in discussions and simulation exercises designed to mirror real life situations faced by lawyers in these proceedings. Complementary topics will include the right to counsel, the charging process, discovery , prosecutorial discretion, the intersection between criminal law and immigration, and the application of the Exclusionary Rule in the context of immigration proceedings. Rules of conduct and legal ethics will also be covered.
The semester will conclude with a mock hearing at the immigration court.
PRACTICAL EXPERIENCE:
Students will have the opportunity to will work at one of several immigration service providers. It is expected that a student will work a minimum of 5 hours a week for 13 weeks. Visits to the immigration court at 26 Federal Plaza, the detained court at Varick Street, and the U. S. Court of Appeals for the Second Circuit will be part of the practicum.

Clinical Externship: Civil
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
To earn credit, externs will participate in both 140 hours of fieldwork and a seminar which meets seven times during the semester.

Fieldwork (140 hours): Externs will work in law offices at nonprofit organizations and at civil governmental agencies, including those on the List of Placements on the Externship Office web pages.  Past externs have worked at the US Attorney's Office (Civil Division), civil legal services offices, NYC Corporation Counsel, Office of the Appellate Defender, Federal Trade Commission, Jazz at Lincoln Center, National Association of Securities Dealers, Puerto Rican Legal Defense and Education Fund, National Labor Relations Board, Human Rights First, and The Legal Aid Society, among other placements.

Seminar: This seminar will explore topics which include: goal-setting, supervision, legal research, ethical issues in practice, professionalism and, through students presentations, a variety of issues raised in individual fieldwork settings.

When is this course offered? Fall and Spring semesters

Clinical Externship: Civil and Criminal Defense
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
To earn credit, externs will participate in both 140 hours of fieldwork and a seminar which meets seven times during the semester.

Fieldwork (140 hours): Externs will work in law offices at nonprofit organizations and at civil governmental agencies, including those on the List of Placements on the Externship Office web pages.  Past externs have worked at the US Attorney's Office (Civil Division), civil legal services offices, NYC Corporation Counsel, Office of the Appellate Defender, Federal Trade Commission, Jazz at Lincoln Center, National Association of Securities Dealers, Puerto Rican Legal Defense and Education Fund, National Labor Relations Board, Human Rights First, and The Legal Aid Society, among other placements.

Seminar: This seminar will explore topics which include: goal-setting, supervision, legal research, ethical issues in practice, professionalism and, through students presentations, a variety of issues raised in individual fieldwork settings.

Clinical Externship: Civil and Human Rights
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
To earn credit, externs will participate in both 140 hours of fieldwork and a seminar which meets seven times during the semester.

Fieldwork (140 hours): Externs will work on human rights projects at non-governmental organizations, the International Human Rights Committee of the New York City Bar Association and the United Nations.

Seminar: This seminar will explore topics which include: goal-setting, supervision, legal research, ethical issues in practice, professionalism and, through students presentations, a variety of issues raised in individual fieldwork settings.


Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

When is this course offered? Fall and Spring semesters

Additional information: Permission needed by department

Clinical Externship: Criminal Justice
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
Under the supervision of a mentor field attorney, students observe and assist in the lawyering process. Students must have a clinical field placement, approved in advance by the Clinical Program. Each seminar section will meet four times for two hours, and externs must complete 160 hours of fieldwork over the nine-week summer semester. Students must register for the seminar appropriate to their placement.

When is this course offered? Fall and Spring semesters, Summer session

Clinical Externship: Family and Child Advocacy
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
To earn credit, externs will participate in both 140 hours of fieldwork and a seminar which meets seven times during the semester.

Fieldwork (140 hours): Law student externs will work at legal services offices, multi-service organizations, or government agencies at which lawyers and social workers work collaboratively to advocate for families and/or children. Areas of practice may include: child protection, domestic violence, juvenile justice.

Seminar (meets seven times): This interdisciplinary seminar of law and graduate social work students is a forum for students to critically examine the interdisciplinary nature of their externship experience. Through the seminar, students will explore the roles of lawyers and social workers, learn about models of interdisciplinary collaboration, and discuss family law, family court practice, and ethical issues that result from interdisciplinary collaboration. Student presentations and short reading and writing assignments are required.

Clinical Externship: Government & Non Profit
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Additional information: Permission needed by department

Clinical Externship: Intergrative Law
Credits: 3 (Seminar 1 & Fieldwork 2) Type: CLN
Clinical Externship: Judicial
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
Under the supervision of a mentor field attorney, students observe and assist in the lawyering process. Students must have a clinical field placement, approved in advance by the Clinical Program. Each seminar section will meet four times for two hours, and externs must complete 160 hours of fieldwork over the nine-week summer semester. Students must register for the seminar appropriate to their placement.

When is this course offered? Fall and Spring semesters, Summer session

Clinical Externship: New York City Council
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
To earn credit, externs will participate in both 140 hours of fieldwork and a seminar which meets seven times during the semester.

Fieldwork (140 hours): City Council externs enjoy the opportunity to work directly with the lawyers who serve the City Council, NYC's legislature. Students will draft legislation, attend Council meetings and hearings, prepare background briefing papers for Council members, and participate in legislative/policy decisions by Council staff. Past participants have been successful in securing government employment, including a recent graduate appointed counsel to the Council's Government Affairs Committee.

Seminar (meets seven times): Students will study the relevant portions of the City Charter; analyze federal and state preemption doctrines with respect to the powers of the Council; have the opportunity to raise questions relating to their field work through cooperative analysis of their written work on behalf of the Council; and cooperatively analyze and revise their proposed legislation during these sessions.

When is this course offered? Fall and Spring semesters

Clinical Externship: Out-of-Town
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
Under the supervision of a mentor field attorney, students observe and assist in the lawyering process. Students must have a clinical field placement, approved in advance by the Clinical Program.

Students with approved out-of-town clinical placements must attend a mandatory meeting before the summer semester begins, where faculty will provide information about course materials and requirements (160 hours of fieldwork and written assignments) and about communication with faculty from out-of-town.

When is this course offered? Summer session only

Clinical Externship: Prosecution and Defense
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
To earn credit, externs will participate in both 140 hours of fieldwork and a seminar which meets seven times during the semester.

Fieldwork (140 hours): Externs will work with federal or local prosecutors.

Seminar: Taught by an Assistant District Attorney of the Appeals Bureau of the Manhattan District Attorney's Office, this seminar will explore topics which include: prosecutorial ethics, criminal procedure, legal research, wiretapping and other technology issues, current issues in criminal practice, appellate practice/collateral and post-judgment issues.

When is this course offered? Fall and Spring semesters, Summer session

Clinical Externship: Stein Scholars
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
Under the supervision of a mentor field attorney, students observe and assist in the lawyering process. Students must have a clinical field placement, approved in advance by the Clinical Program. Each seminar section will meet four times for two hours, and externs must complete 160 hours of fieldwork over the nine-week summer semester. Students must register for the seminar appropriate to their placement.

When is this course offered? Summer session only

Clinical Externship: Street Law
Credits: 3 (Seminar 1, Fieldwork 2) Type: CLN
Join a nation-wide Street Law initiative – the first in NYC! - to help disadvantaged high school students develop self-esteem, analytic and verbal skills, appreciation and understanding of the law, and interest in law-related fields of work. Work with public school teachers (some of whom are lawyers) and other educators, volunteer lawyers from the law firm of Hunton & Williams, and experts from the national “Street Law” program in Washington, D.C. The fieldwork and seminar components of the course are described below. Fieldwork (140 hours): Working with educators and lawyers, Street Law externs will teach and develop law-related programs for high school students at the NYC High School of Law, Advocacy and Community Justice (65th & Amsterdam). Specifically, Street Law externs will 1. with high school social studies teachers, co-teach law to public high school students as part of their social studies curriculum, and 2. develop law-related programs at the school, e.g., simulations, career panels, field trips to legal institutions, and other activities at its Community Justice Center. Seminar: Nation-wide Street Law experts, and volunteer attorneys from Hunton and Williams, will join faculty for seven two hours classes on substantive law, education theory and practice, and curriculum and program development.

Collateral Consequences of Criminal Convictions Clinic
Credits: 5 credits (2 seminar, 3 casework) Type: CLN

Pre- or Co-requisites: Fundamental Lawyering Skills

Additional information: Recommended: Professional Responsibility, Ethics

Commercial Arbitration
Credits: 2
Deals with the law and the practice of public and private arbitration in the United States and its place in the legal system as an alternative method of dispute settlement. Included is a study of commencing arbitration, notice, choosing arbitrators, the hearings, enforceability of agreements and awards, the relationship of federal and state arbitration laws, and selected problems in compulsory labor, international, commercial, and uninsured motorist arbitration. Emphasis is placed on the areas of actual use from legal practitioner's point of view.

Does this course satisfy the writing requirement? Yes

Commercial Contract Drafting in the Financial Industry (LLM Only)
Credits: 3 Type: SEM
I.   Course Objectives
The course is designed to provide international LL.M. students with a basic understanding of commercial contract drafting in the U.S. financial market.  The course will review fundamental common law contract principles and will provide the foundational knowledge for the students to be able to draft the principal documents involved in secured lending, structured financing, and derivatives.  The course will also discuss contract drafting strategy so as to avoid litigation. The objective of the course is to give the student enough knowledge to be able to hit the ground running after obtaining their first legal position in the U.S. as a financial transactional lawyer after earning their LL.M. degree.
II.  Course Format and Procedures
The class will be a combination of lecture, class discussion, and negotiation workshop.  Students are expected and encouraged to participate.
III. Class Format
Each of the fourteen lectures will be divided as follows:
1.   Contract Drafting Techniques (1 hour)
2.   Financial Transaction subject matter (1.5 hours)
3.   Tips for the practicing financial lawyer new to the industry (5-10 mins)
4.   Ethics discussion for the newly practicing financial transactions lawyer (5-10 mins)
5.   Questions from class members (10 mins)

Notes: Please note that Professor Nakakuki will be scheduling a one-on-one meeting with each student at the beginning of the semester to obtain from each student his or her description of what they would like to learn in this class, a description of their career goals and what parts of the class most interests them (to customize the class to the students natural interests).  During the meeting, we will also be discussing the student's educational background and what they want to accomplish while in the U.S. (so that the class can be geared towards helping each student reach their goal).   A sign-up sheet for the one-on-one meetings will be distributed for you to choose your meeting time and date.


Commercial Drafting: Acquiring a Business
Credits: 3 Type: SEM
This seminar deals with the role of the lawyer in transactional work and the functions of a contract in a transactional setting. The seminar is a practical exercise built around the acquisition of the assets of a business from initial negotiations through closing. Students assume many of the usual roles of junior lawyers in transactional practice, including drafting substantive portions of the acquisition agreement and many collateral documents involved in a typical transaction. The course assists students in sharpening drafting skills, gaining insight into how commercial agreements of all types perform, and learning to recognize and develop solutions to business problems that arise in the process of doing a deal. Students in the seminar attain drafting and business analytical skills that can be utilized in all types of commercial transactions.

Pre- or Co-requisites: Corporations

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? Yes

Does this course have a waitlist? Yes

When is this course offered? Fall and Spring semesters

Commercial Drafting: Business Contracts and Transactions
Credits: 3 Type: SEM
This seminar introduces the basic drafting principles that govern agreements and other instruments used in business transactions. The course focuses not only on business acquisition agreements but also on a broad range of other instruments including employment contracts, commercial leases, license agreements, loan agreements, and statutory filings. The course covers how to structure an agreement, draft clearly, and deal with both business and legal issues. Weekly assignments require each student to draft an agreement or other instrument according to the instructions of a hypothetical client. Students then revise certain of these assignments to reflect the professor's comments and changes in the deal.

Pre- or Co-requisites: Corporations

Does this course satisfy the skills requirement? Yes

Does this course have a waitlist? Yes

When is this course offered? Fall and Spring semesters

Additional information: Recommended: Courses in Corporate Finance or Accounting

Commercial Law
Credits: 2 Type: SEM
The course focuses on the foundational principles of commercial law, including contracts,damages and related remedies, sales law, payment systems, negotiable instruments, letters of credit, and secured transactions. This course has a take-home exam with a paper option.

Commercial Paper
Credits: 2 Type: SEM
This course investigates the law of payment obligations, i.e., how checks, notes, drafts, credit cards and electronic fund transfers and certificates of deposit work to pay obligations. The rights and obligations of the parties arising out of the issuance of transfer of a negotiable instrument are investigated in detail along with such dysfunctional aspects as bounced checks, stopped checks, altered and forged checks. The course also develops the basic relationship between the depositor and his or her bank and the fundamentals of the bank collection process. The course centers on an intensive study of Article 3 of the Uniform Commercial Code and draws extensively on Articles 1 and 4.

Commercial Real Estate Leasing
Credits: 2 Type: SEM
This course examines the roll of the commercial real estate lease in investment and financing transactions. For the most part freedom of contract reigns supreme with respect to commercial leases; therefore, lease provisions will be examined that deal with the tenant's right to actual possession, the rental obligation, tenant's right to assign and sublease, tenant's right to make alterations, subordination to mortgages, the impact of condemnation and fire destruction, the repair obligations of the tenant and landlord, and the rights and remedies of the parties in the event of a default by either the tenant or landlord. The provisions of a landlord-oriented office lease will be analyzed in depth from a legal and business perspective. The impact of applicable statutory law (such as the prohibition of exculpatory clauses in N.Y.) and case law (such as the implied covenant of quiet enjoyment and the doctrine of constructive eviction) will be assessed in relation to the drafting and negotiating of such leases. Special provisions in shopping center and retail leases (e.g., co-tenancy clauses, percentage rentals, radius restrictions, exclusive use clauses) will be scrutinized and other types of leases will also be considered. Students will draft and negotiate on an office building lease as counsel to the landlord or to the tenant.

Commercial Transactions
Credits: 3 Type: LEC
The rights and obligations of parties engaged in the marketing and distribution of merchandise, the formulation and interpretation of the sales contract, its performance, the risk of loss, and the rights and remedies of the parties are intensively considered. This course also develops the law of products liability, documentary transfers, bulk sales, and letters of credit. The course is designed to develop Articles 1, 2, 5, 6 and 7 of the Uniform Commercial Code, with its principal emphasis on Articles 2 and 7.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Community Culture Human Rights
Credits: 3 Type: SEM

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Community Economic Development Clinic
Credits: 5 (2 seminar, 3 casework) Type: CLN

Pre- or Co-requisites: Fundamental Lawyering Skills

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Additional information: Recommended courses - Corporations, Nonprofit Organizations, Professional Responsibility, Urban Land Use

Comparative Antitrust Law and Enforcement
Credits: 2 Type: SEM
"This seminar will explore selected important and current legal and economic antitrust/competition issues in a comparative law setting, with an emphasis on the U.S. and EU laws and decisions. Specific topics will include:<br>Institutional differences in enforcement (eg administrative authorities, private actions and courts) and policy; the role of economics and experts; cartels and oligopolies; vertical restraints; abusive unilateral conduct; mergers, joint ventures and other collaboration among competitors (eg sports leagues); hot industries -- including high tech, transportation, media, telcom, natural resources, etc. -- and related global enforcement issues."

Comparative Constitutional Law
Credits: 2 Type: SEM
This course will examine constitutional developments in South Africa, including and following upon that country's transition to a constitutional state in 1994. It will focus mainly on adjudications under the Bill of Rights and the bearing of those adjudications on the wider development of South African law and legal (especially judicial) institutions. Reflective comparison with constitutional law in other countries, especially the United States, will be a constant expectation in the course. Topics will include protections of civil liberties, equality and affirmative action, the positive or protective duties of the state (including socioeconomic rights), and the bearing of the Bill of Rights on law governing relations to which the government is not a party (the questions of "state action" or "horizontal effect").

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Enrollment Cap: 20

Does this course have a waitlist? No

Comparative Contract Law
Credits: 3 Type: SEM
This seminar is designed for both US students and foreign LL.M. students. It is an advanced course in US contract law, since it reexamines from a comparative perspective basic contract doctrines studied in the first-year course. In looking at how other legal systems deal with some of the basic doctrinal issues, we can come to a fuller understanding of our own rapidly changing doctrine. In this connection we look back at some of the history of development of both common law and civilian doctrines. In addition, we focus particularly on the Convention on International Sale of Goods, a major American statute since 1988, which by default displaces the UCC in NAFTA and most other international sales transactions. The CISG is basically a code of comparative sales contract law, incorporating extensively terminology and concepts familiar to Europeans, but difficult for US lawyers and judges to work with. The CISG is expanded in the UNIDROIT Principles of International Commercial Contracts to cover all contracts, and we use this as a basis for comparison as well. The growing case law in which American and foreign lawyers have been applying this transnational contract law is considered. For American students, no foreign language is required, though a paper topic can be chosen which will afford an opportunity to work with original foreign language sources if the student desires. Some special extra sessions for LL.M. students will be scheduled to review the basic US contract doctrine relevant to topics we will be considering. Paper topics will be chosen at the third session, a bibliography and outline will be due after six weeks, and a rough final draft is to be submitted by the end of the tenth week to allow time for individual conferences and revision of the draft. During the last four sessions, groups of students will distribute material they have found in the course of their research, and lead class discussions about their paper topics. 

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Additional information: Requires paper.

Comparative Corporate Law
Credits: 2 Type: SEM
Today, it would not be uncommon to see a multinational enterprise (MNE) say, incorporated in Delaware, with a headquarter in Minnesota, subsidiaries in China, Poland and Brazil and doing business with corporations incorporated in Germany, India, Italy, Japan, and UK. Although the corporate form seems to be a universal building block of business development, corporate law and governance systems exhibit considerable diversity, as do the economic systems within which corporate law operates. This course will provide an overview of differences in legal regulation while looking at how the respective economic and political framework has shaped the development of corporate law and corporate governance institutions. Topics to be covered include comparative governance structures; board structures; conflicts of interest between managers, shareholders, and other stakeholders; investor protection and enforcement of corporate law; control transactions; the role of gatekeepers; creditor protection and corporate bankruptcy; and the role of the state and corporate governance in emerging economies.

We will read and discuss current articles and working papers on a series of topics on corporate law and comparative corporate governance focusing on the U.S. and the major European jurisdictions such as UK, France, Germany, and Italy, with some excursions to Japan and to transition economies including China and India.

The papers selected are at the cutting edge of the discipline and will allow us have valuable discussions during the class. This seminar may be particularly interesting to students considering career focusing on corporations globally.


Comparative Corporate Law
Credits: 3 Type: SEM
Corporate law practice today often involves doing business with corporations governed by the laws of countries other than the United States, which requires a basic understanding of how corporations operate across jurisdictions.

This course will explore core topics in comparative corporate law and comparative corporate governance, focusing on the U.S. and the major Western European jurisdictions, as well as East Asia and emerging markets to a lesser extent. Although the corporate form seems to be a universal building block of business development, corporate law and governance systems exhibit considerable diversity, as do the economic systems within which corporate law operates. The course will integrate the two goals of providing an overview of differences in legal regulation, and of introducing participants to current academic thinking on how the respective economic and political framework has shaped the development of corporate law and corporate governance institutions. Topics to be covered include comparative governance structures; board structures; conflicts of interest between man-agers, shareholders, and other stakeholders; investor protection and enforcement of corporate law; control transactions; the role of gatekeepers; creditor protection and corporate bankruptcy; and the role of the state and corporate governance in emerging economies.
For each topic, we will read a basic overview from a textbook as well as leading articles providing different perspectives to allow us to have interesting discussions in class. This seminar may be particularly interesting to students considering a career focusing on corporations internationally.
Students have the option of writing a paper to fulfill the writing requirement in this class.


Comparative Employment Discrimination
Credits: 4 Type: SEM
This course will provide an introduction to the landscape of U.S. employment discrimination law along with its theoretical development, and then proceed to compare its structures to that of a variety of other jurisdictions. Attention will be paid to the challenges of conducting comparative transnational studies and the global struggle for social justice. The final grade will be based upon classroom participation, an in-class paper presentation, and a final paper of 15 pages in which the student compares an aspect of the U.S. employment discrimination system to that of another jurisdiction.

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Comparative Equality and Anti-Discrimination Law
Credits: 2 Type: SEM
This seminar will examine anti-discrimination laws and equality norms from a global perspective.  Specifically, the readings will compare U.S. law with the law of several other legal systems, such as Europe, South Africa, China, Colombia, and Argentina. Coverage includes equality issues in employment, affirmative/positive action, gender parity, marriage, reproductive rights, secularism and the rights of religious minorities, and hate speech.  Readings are primarily drawn from cases, codes and constitutions, with additional commentary by legal scholars.
 
The course is organized as a seminar in which students are expected to participate in weekly discussions and to write weekly response essays based on the readings.  The grade will be based on class participation (including the response essays), and a final research paper. The last few weeks of the semester will be reserved for student presentations of their research paper.
 
The main text will be Oppenheimer, Foster and Han, Comparative Equality and Anti-Discrimination Law: Cases, Codes, Constitutions and Commentary (Foundation Press, 2012). There will be additional supplemental materials made available via an online course platform.
 


Comparative Family Law: US & India (by permission)
Credits: 5 Type: SEM
This five-credit, full-year seminar is a capstone course for students with a background in juvenile and family law or women’s rights.  The seminar is intended to provide students with an in-depth opportunity to tie together the materials they have studied in various courses relating to juvenile and family law and women’s rights and to develop this understanding in a global context.  The seminar will address issues of child abuse, sex trafficking, and domestic violence.  During fall semester, students will meet once a week in a seminar format to learn about these issues in the United States and India.  Students will also develop a proposal for an individual research paper.  Over winter break Professor Huntington and enrolled students will travel to India to spend time at the National Law School of India University and visit Indian non-governmental organizations working on these issues.  Students will have time to conduct research on their individual topics.  During spring semester, students will meet individually with Professor Huntington as they complete their research papers. For more infomation click here

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Comparative Law
Credits: 2 Type: SEM
The course aims to provide an understanding of comparative law as a method and as a body of knowledge.
In the first part of the course you will learn how to compare legal institutions through a theoretical inquiry in traditional, as well as innovative, comparative law methods and how to apply these methods to some of the most controversial topics in the current legal debate.
The second part will focus on the classic divide between common law and civil law, in particular in American and European legal traditions. It will also address the new understanding of the world law map.
In the third part of the course we will turn our attention to globalization, an area where comparative law is essential in the understanding of many contemporary relevant phenomena.
The course will offer case studies on different topics in order to test ability in comparing legal institutions and in using comparative law arguments in cross-border contexts.
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Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Comparative Legal History and Systems
Credits: 2 Type: SEM
This course introduces students, in a fairly comparative and historical way, to the contemporary major legal systems. Particular emphasis will be places on the Roman-Germanic systems, Civil/Roman Law, the Common Law, Hindu/Muslim and African Customary Systems. It is expected that the students should comprehend the influence of the major legal systems to the ‘mixed’ or ‘dual’ structure of the legal system in a number of selected countries.

Complex Criminal Litigation
Credits: 2 Type: SEM
This course traces the development of complex federal criminal prosecutions including civil rights, environmental, insider trading, mail fraud, obstruction of justice, political corruption and RICO cases. The prosecutive process will be examined from investigation through appeal, and will include the perspective of the defense bar. Specific topics to be discussed include the respective roles of state and federal prosecutions, covert and overt investigative techniques, cooperating witnesses, joint defense agreements, the grand jury process, charging decisions, pre-trial motion practice, trial tactics, jury selection, effective summation, plea agreements, federal sentencing guidelines, and ethical issues.

Does this course satisfy the writing requirement? Yes

Complex Litigation
Credits: 3 Type: LEC
Much of modern civil practice, especially in the federal courts, involves complex cases, e.g, mass torts, antitrust, civil rights, employment discrimination, characterized by multiple parties and multiple claims based on new and complicated theories. The course is designed to build on the knowledge acquired in the basic Civil Procedure course to acquaint students with many of the procedural questions encountered in complex litigation. The principal areas covered are multiple party joinder; duplicative and related litigation; class actions; evidence and discovery, Particularly problems involving privileges and expert witnesses; management of complex litigation; sanctions and attorney's fees; preclusion; and professional responsibility.


Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? No

Compliance Risk Assessment
Risk Assessment will cover best gaps and best practice areas in Compliance Programs in such areas as antitrust/competition, employment law, securities law, intellectual property, environmental law, Anti bribery and in such  industries as Pharmacueticals, Financial Services, Banking, Private Equity Investment and Hedge Funds.
 

Does this course satisfy the skills requirement? Yes

Conflict Management Systems Design
Credits: 2 Type: SEM
This seminar is an interactive workshop designed to introduce students to the theory, principles and practice of conflict management systems design with the goal of training students to assume this new and creative professional role. Lawyers are increasingly being called upon to act not simply as litigators or deal-makers, but also as “process architects” for institutions, organizations and governments. In addition, they are being asked to design, tailor and manage systems to handle ‘streams” of disputes in an effective and efficient manner, such as those arising from mass torts, natural disasters and government programs.

Students will be expected to read, write, discuss, critique and participate in simulated exercises. After an overview of conflict management theory and principle, students will, though readings, study actual systems (mass tort, natural disaster, health care, judicial, commercial, international) that reflect conflict management systems design principles. Then through a series of hands-on role plays and exercises, students will have the opportunity to develop systems design skills. Simulations are taken from a variety of settings, including judicial, health care, public policy and labor-management. The practical and ethical implications of systems design work will be explored, as well as opportunities for synthesis of systems design skills into legal practice. The class meets two Friday afternoons and two Saturdays (all day). Due to the intensive and interactive nature of the seminar, attendance at all class sessions is mandatory. Grades will be based on class participation, submission of a three-page “response paper” in advance of the second weekend session (commenting on and critiquing one of the topics to be covered), and a 10-page final seminar paper analyzing a current dispute system, designing a new system or proposing a new framework for the systems design field.
In Spring 2014, this seminar will meet for two half-days and two full days as follows: Friday 1/31 and Friday 3/7 from 12:15 – 5:30p.m.; Saturday 2/1 and Saturday 3/8 from 9:00am – 5:30pm.


Conflict of Laws
Credits: 2 Type: LEC
A study of the principles and rules applicable when courts adjudicate transactions connected with more than one jurisdiction. Problems of choice of law, jurisdiction, and recognition of judgments are considered in light of traditional and modern analyses and the constitutional limitations.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 30

Is this course open to LL.M. students? Yes

Congressional Investigations
Credits: 2 Type: SEM
This course will examine the contours of Congress’ power to investigate while carrying out its legislative and oversight functions, the development of this power and how it has been exercised over the years, and will provide an overlay of modern day case studies ripped from the headlines.  Topics covered will include, among others, committee jurisdiction and grants of authority; interaction with the Executive Branch and claims of Executive Privilege; impact on parallel investigations and proceedings; applicability of Constitutional and common law privileges; the Congressional contempt power; trends in Congressional Investigations and the role of the minority party; and specially constituted investigative commissions.
These high-stakes investigations often involve overlapping, and at times competing, considerations of law, legislation, lobbying, policy, politics, public relations, and media.  Therefore, throughout the course of any Congressional Investigation, one must continually assess the spectrum of risk a subject or witness will face, including criminal exposure, impact on parallel litigation, administrative or regulatory issues, media scrutiny, damage to reputation and/or business going forward, and negative legislative results.  The myriad purposes and goals of a Congressional Investigation, including, among others, performing oversight, advancing legislation, and/or advancing a particular political agenda, must also be considered as any investigation unfolds.  It is in this unique and fascinating context that the Congressional power to investigate and perform oversight will be studied.
Throughout the course of the semester there will be a number of guest lecturers, including those who have worked for various Congressional committees, practitioners in the field, and those from the corporate world with firsthand experience in the Congressional Investigations arena.

Conservation Law and Policy
Credits: 2 Type: SEM
Climate change, loss of biodiversity, natural habitat destruction, and the contamination of air, land, and water affect every person on earth today as well as future generations. Human activity, and our ever-increasing population and consumption, threaten to surpass the ecological limits of the earth. To effect positive changes regarding such conservation issues, individuals need more than an understanding of traditional tools and approaches to conservation of biodiversity. An understanding of the historical and existing legal, political, and regulatory framework in which conservation issues exist is required. This course provides an introduction to both legal and policy analyses and examines a wide range of laws, policies, regulations, treaties, and institutions designed to address local, national, and global conservation problems. Topics to be covered include protection of biodiversity (e.g., Endangered Species Act), regulatory approaches to pollution (e.g., Clean Air Act), and natural resource management (e.g., National Forest Management Act). Students will be challenged to think critically as they dissect the causes, complexities, and solutions of contemporary and interdisciplinary environmental, natural resource, and conservation challenges.

Is this course open to LL.M. students? Yes

Constitutional History
Credits: 2 Type: SEM
Constitutional History examines the origins and development of American constitutional ideas and practices in the Founding Era and Early Republic.  This courses focuses on the roots of American constitutionalism, the framing and the ratification of the Constitution, popular constitutionalism, early congressional and judicial interpretations of the Constitution, the meaning of freedom of the press, the right to bear arms, and federalism.  The course will also consider theoretical debates over the different methods of history and originalism, and the distinct approaches of constitutional and legal history.

Constitutional Interpretation
Credits: 3 Type: SEM
How has the Supreme Court of the United States decided cases involving constitutional provisions and values?  How should the Court decide such cases?  And is it right that the Supreme Court is the ultimate decider of what the Constitution means?  What is originalism in constitutional interpretation?  How is it related to textualism and why is it such an influential and popular mode of constitutional interpretation today?  This seminar will cover landmark constitutional cases and academic commentary in an attempt to address these questions.  Students will write five short reaction papers (500-1000 words each) and there will be a 24-hour take-home final examination. Students may elect to write a paper for the course in lieu of the final exam, but they must still submit the reaction papers.

Course has a take-home exam or paper opt


Does this course satisfy the writing requirement? Yes

Constitutional Issues: Constitutional Amendment
Credits: 2 Type: SEM
The seminar examines the requirements for amending the US Constitution including whether there are substantive limits on the content of amendments, or whether Article V, by its terms, excludes such limits.  The course will also consider advocacy of amending the Constitution outside Article V by authors such as Bruce Ackerman and Akhil Reed Amar.  The course will consider other topics, such as the Dellinger/Tribe Debate; comparative amendment procedures in the American States and foreign countries; claims that amendments are irrelevant; amendment by national conventions; the economic analysis of amending; the ERA and flag-burning amendment attempts; and recent and forthcoming amendment issues.  The seminar includes a 15 page paper on an approved topic and an in-class brief oral discussion of the paper.

Constitutional Law
Credits: 4 Type: LEC
A study of the United States Constitution; judicial reviews and limitations, thereon; separation of powers; relation of states to the federal government powers, e.g., tax, treaty, war and commercial powers; limitations of the exercise of governmental powers, e.g., the Due Process and Equal Protection clauses and the Bill of Rights.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? No

Additional information: This is a first-year course.

Constitutional Rights and Human Rights in Comparative Perspective
Credits: 2 Type: SEM
Through this seminar, students will work on projects linking the international law of human rights with the constitutional law of rights in the United States and other national systems. As a bridge between theory and practice, the seminar will examine the history, theory, and sources of rights in these systems, the institutions for implementing them, and the remedies for violations. The seminar is largely organized around comparing the treatment of particular rights in various systems:  for example, equality (with a focus on gender, sexuality, and marriage equality); speech rights and privacy (on and off line); freedom of association; and economic and social rights.
Projects will focus on emerging policy issues concerning these themes.  Students will work in teams on projects selected by the professor.

 


Constitutional Theory
Credits: 2 Type: SEM
This course will examine contemporary controversies concerning the nature of constitutional interpretation and the proper scope of judicial review in our constitutional democracy. It will use a series of problems or debates about certain controversial rights -- e.g., right to privacy, reproductive rights, right to marry, right to die, right to welfare, and right to equal citizenship -- to assess several theories of constitutional interpretation. The readings will illustrate the theories of originalism, reinforcing representative democracy, and protecting fundamental rights, as well as civic republication, progressive, feminist, and critical race theories. Authors will include Derrick Bell, Robert Bork, Ronald Dworkin, John Hart Ely, Catharine MacKinnon, Frank Michelman, Antonin Scalia, Cass Sunstein, Laurence Tribe, Robin West, and others.

Constitutional Torts
Credits: 2 Type: SEM
What redress is available to someone whose constitutional rights have been violated? This seminar will explore substantive and procedural issues in the litigation of constitutional torts under the Civil Rights Act of 1871, 42 U.S.C. section 1983, and under the rubric of Bivens v. Six Unknown Named Federal Narcotics Agents. Topics will include:
    1. the definition of state or governmental action,
    2. liability of individuals and governmental entities,
    3. incorporation of state tort principles,
    4. state of mind requirements,
    5. immunity defenses,
    6. exhaustion requirements,
    7. abstention doctrines,
    8. the relation to enforcement of statutory and regulatory rights, and
    9. available remedies.

These and other issues will be examined in the context of cases involving violations of due process rights, the right to free speech, freedom of religion, the right to be free from unreasonable search and seizure, and the right to equal protection of the laws.


Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Consumer Litigation Clinic
Credits: 5 (2 seminar, 3 fieldwork) Type: CLN
Interested in litigation or wondering if you might be?  Want experience with drafting pleadings, motions, and briefs, and appearing in court?  Looking to join the community of public interest and private lawyers who are enforcing the rights of low-income consumers against unscrupulous merchants, lenders, assignees, and credit reporting agencies?  In the CONSUMER LITIGATION CLINIC, students represent consumers in federal, state and local courts against lenders, debt collectors, and merchants. Our clients are often victims of identity theft,  sued on debt they do not owe, or have judgments rendered against them in procedurally defective collection suits. Our clinic advocates for these consumers by raising available defenses and sometimes in affirmative litigation against debt collectors or merchants who have violated their rights under common law, the federal Truth in Lending Act (TILA), the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, the FTC Holder Rule, and other federal and state consumer protection statutes.  Working under the close direct supervision of a full-time attorney professor, students are expected to take primary responsibility for all aspects of their cases -- drafting pleadings, motions and briefs, appearing in court for oral argument and hearings, interviewing and counseling clients, negotiating with opposing counsel, and  researching the law to evaluate the merits of claims and defenses. You will also join volunteer lawyers from throughout New York City (including many Fordham Law alums) to provide to unrepresented consumer defendants both  limited representation through the Volunteer Lawyer of the Day program, and advice and assistance at CLARO (Consumer Legal Assistance and Referral Office), both located in the NYC Civil Court.

Consumer Protection Law
Credits: 3 Type: SEM
This course focuses on the new the Bureau of Consumer Financial Protection: its emergence and the laws over which it will have jurisdiction to regulate and enforce. These laws include the laws governing all sorts of consumer financial products (such as credit card, car loans, fringe products like payday loans), including residential mortgages.  We will consider the FTC Act and state unfair and deceptive practices acts, the Truth in Lending Act, the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and others; we will read cases, law review articles and at least one book, entitled The Subprime Virus by Patricia McCoy and Kathleen Engel. In this paper option course students will be encouraged to write a paper (that can satisfy the writing requirement) or complete a  take-home exam at the end of the semester.

 


Does this course satisfy the writing requirement? Yes

Additional information: This course would satisfy the writing requirement only if students choose the paper option. students not wanting to satisfy the writing requirement with this corse will instead be required to write a series of short reaction papers during the semester.

Contemporary Art Law & Practice
Credits: 3 Type: SEM
This course will introduce students to crucial legal issues concerning contemporary visual artists. Through practical legal assignments students will learn how to best represent contemporary visual artists and their artistic projects.

In order to understand the main legal issues faced by contemporary visual artists, we will begin the course by studying the foundations of 20th Century artistic production. We will study -- in tandem with legal texts-- 20th Century theories, writings, and art works that helped mold current artistic production. We will look critically at how many contemporary art movements – such as conceptual art, sculpture, and photography – pose challenges to various legal doctrines, including property, intellectual property, contracts, moral rights, and free speech.

During class discussion students will also be assigned positions in relation to assigned readings and are expected to engage in lively discussion. Field trips may take place, and guest artists may also be invited to participate.

The course will also analyze the role of written agreements and other documents in relation to artistic production and reception.  Students will draft a number of legal documents, such as client letters, artist-gallery consignment agreements, artist-museum agreements, public artwork commissioning agreements, as well as cease and desist letters. 


The course will meet two hours per week, with an additional credit earned by the written drafting assignments, on which students will receive feedback.  The course satisfies the professional skills requirement.


 


Contemporary Protectionism: from Custom Duties to Economic Patriotism
Credits: 2 Type: SEM
The purpose of this course is to explain and analyze how the origins of the 2011 European crisis were discernible from the beginning of the European Monetary Union. We will study warning reports issued by European Founding Fathers, identify deficiencies and wrong strategies that eventually led to the Euro crisis through the examination of treaties and European reports. We will analyze all the barriers to the success of the Euro, the key role played by the European Central Bank whose limited missions have been criticized and the long process to the achievement of a better monetary stability through new treaties as well as the harmonization of economic governance which remain an unfinished task.

Contract Drafting
Credits: 3 Type: SEM
This course teaches students the principles of drafting commercial agreements. Although the course will be of particular interest to students pursuing a corporate or commercial law career, the principles apply to any transactional practice.
In this course, students will learn how transactional lawyers translate the business deal into contract provisions, as well as techniques for minimizing ambiguity and drafting with clarity. Through a combination of lecture, hands-on drafting exercises, and extensive homework assignments, students will learn about different types of contracts, other documents used in commercial transactions, and the drafting problems the contracts and documents present. The course will also focus on how a drafter can add value to a deal by finding, analyzing, and resolving business issues. 
The professor will provide substantial feedback on the major homework assignments both in writing and through conferences. Team-work is an essential element of real-world practice, and this course includes multiple team-based assignments. Class participation accounts for 20% of the grade.

Contract Drafting and Negotiation for LL.M. Students
Credits: 2 Type: SEM
This course will focus on the basic principles of negotiation and contract drafting. Special emphasis will be placed on financial and commercial contracts. The course will be divided into three parts. First, we will cover the basic principles of effective negotiation. Second, we will cover the basic principles of clear and unambiguous contract drafting including general principles of proper English usage. Finally, we will review and understand specific types of agreements. Particular attention will be given to the US financial system by studying Credit Agreements and other types of agreements typically used in financing transactions. The course is taught through a combination of lectures and hands-on drafting and negotiation exercises

Contract Law for LL.M. Students
Credits: 3 Type: SEM
This course will cover the same basic material presented in the regular first-year course in contract law. The treatment of the material will take into account the prior study of contract law by the participants, and the substantive emphasis will be on topics relevant to international practice. The class will use a standard US casebook, because another goal of the class will be to illustrate in some detail through the contract material the method by which our courts have elaborated our present rules of contract law, as well as the way that law has been learned by American lawyers. Particular attention will be paid to the interaction between statutory and case law rules in contemporary practice. Work during the semester will include a series of projects, including some drafting or redrafting of contract provisions connected with cases read as part of class work, as well as some short legal memos. Credit will require completion of these projects and taking a Take-home exam. This course does not satisfy the writing requirement.

Contract Skills in Marital & Domestic Partnership
Type: SEM

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? Yes

Is this course open to LL.M. students? No

Contract Theory
Credits: 2 Type: SEM
This seminar will explore the foundations of contract law from a variety of theoretical angles.  We will read articles on the philosophy, economics, politics, sociology and psychology of contract.  The course is designed to give students a deeper perspective on the functions of contract, the principles that animate contract law, and the assumptions about people that underlie it.  It will also be an opportunity to revisit key contract doctrines and an introduction to a range of methodologies in law.  Students will be expected to write and present a 3-5 page paper on the reading in a week of their choice, and to lead discussion that week.  They will also write a research paper of approximately 25 pages, due on the last day of class.

Contracts
Credits: 5 Type: LEC
Studies the fundamental principles governing the formation and operation of contracts; the rights and liabilities of third parties; discharge of contracts by virtue of impossibility of performance; the Statute of Frauds; the parole evidence rule; and other defenses. The provisions of the Uniform Commercial Code relating to contracts are also considered.

Additional information: This is a first-year course.

Conventional & Islamic Trade and Finance Law: A Comparative Study
Credits: 2 Type: SEM
Islamic contracts and transactions offer an alternative to financial paradigm. It is unique that religious doctrines are interpreting rules on commercial and financial behaviors. Such  doctrines are becoming popular in the present financial and commercial world. Islamic commercial and financial transactions are striving as an alternative to conventional trading in the Middle East, Gulf States, Australia, Europe and North America.  The current global Islamic financial assets are approximately $800 billion—poised to reach $4 trillion over the next decade. Sukuk transactions alone are about to top $30 billion by the end of 2011.
This course will offer an in-depth review of Islamic contracts and their application within the modern Islamic financial world in the US, Europe and the Middle East.   The analysis will study the legal requirements. It will also offer a practical study of various joint venture agreements as well as sukuk and equity funds. The course will offer a comparative study between stocks, bonds and unit trusts in a conventional market versus the principle of purification in units trust gains in Shariah Law.  Islamic Financial transactions  ensure that the vehicle to grow the financial market is free from “Gharar”, high speculations, a principle forbidden under Shariah law.  The Course will offer practical examples of major financial and commercial transactions. These transactions will be analyzed from an Islamic, International and US law perspectives.

Cooperatives and Condominiums
Credits: 2 Type: SEM
Basics of the condominium and cooperative forms of ownership of real property. Includes discussion of legal nature and structure of condominiums and cooperatives; comparison of the two; review of the critical underlying documentation of each (declaration of condominium and by-laws and cooperative proprietary lease and by-laws); special tax aspects of each; regulatory concerns, including offering plans; tax aspects of each; review of documentation and procedures in typical transactions; loans; title insurance; operating issues of the associations; special topics of conversions, commercial properties, etc.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? No

Copyright Law
Credits: 3 to 4 Type: LEC
This course examines the law of copyrights including discussions of subject matter, ownership, duration, rights, infringement, fair use and remedies.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Intellectual Property & Information Technology Law LL.M. Program? Yes

LL.M. Notes: Core course for LL.M. Intellectual Property & Information Technology Law Program

Copyright Litigation
Credits: 2 Type: LEC
In this course students are given a detailed hypothetical, usually in the field of literary property or the visual arts, and are asked to draft various court papers in a copyright infringement litigation.  The first classes deal with certain pre-litigation issues, such as defining what actions are "arising under" copyright law, registration requirements, and the statute of limitations.  Students are then asked to draft a copyright infringement Complaint based on the hypothetical.  In subsequent classes students are asked to draft an Answer to the Complaint, a Document Request, a set of questions for use at the oral deposition of a witness, and possibly other court papers.  Students will be provided with examples from actual copyright infringement lawsuits.  The drafts will be circulated in advance of the class and will be discussed at the class.    The course seeks to develop the skills needed to draft effective court papers in a copyright infringement lawsuit.

Copyright Reconsidered: Authorship in Historical Perspective
Credits: 2 Type: SEM
This course examines the long history of copyright in Europe and the U.S., based on the emerging understanding that the evolution of Copyright law -- and of conceptions of intellectual property -- have profound implications for the future of copyright in the digital age. The course will examine the potential for change in the law, and will provide students the background to help influence that change. Most particularly, it will focus on changing ideas of authorship in light of new means of producing music, new means of publishing online, and the array of new technological options that undermine conventional ideas of origination. The course does not take a position on where copyright should be going, but allows students to think through the options so that they can better join the debate.

Pre- or Co-requisites: Copyright Law

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Copyright, Trademark and Emerging Technologies
Credits: 2 Type: SEM
This is a drafting course that will focus on services that a “soft IP” litigator can provide for clients operating in the field of emerging technologies.  The class will focus on the ways technological advances will be used in television, marketing, advertising, video games, sports, parody, and music, and their impact on copyright, trademark, rights of publicity and privacy law.  There will be no substantive patent law, and a technology background is not necessary.

Most weeks, the class will have a guest "client" working in the field of emerging technology to propose a problem for which the students will draft a solution. Through these writing assignments, students will be exposed to the kinds of work product they will be expected to generate in the early parts of their careers in the field of copyright and trademark law. This will include drafting cease and desist letters, opinion letters, DMCA notices and subpoenas, and sections of briefs. 

 


Corporate and White Collar Crime
Credits: 2 Type: SEM
This course covers crimes committed by individuals, corporations and partnerships, and defenses to such crimes. Statutory, policy and strategy questions will be explored. The class will include. a series of litigation problems, where students will assume the role of an Assistant U.S. Attorney or an associate in a white-collar-defense unit of a large private law firm to formulate arguments in cases involving RICO, insider trading, securities fraud, currency crimes, work-place injury and other current topics.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Corporate Counseling Fundamentals
Credits: 3 Type: SEM
This course studies the role of the in-house corporate counsel (as well as outside counsel who work closely with corporate clients). We will introduce key recurring substantive areas that concern every business entity i.e., contracts and transactions; intellectual property; product liability and marketing regulation; antitrust; employment law and ethics. We will also examine the unique skill sets particularly utilized by inside counsel-corporate memo and letter writing, negotiation and mediation, and resource allocation. Grades will be based on a series of short research, writing, drafting, and problem solving exercises that will be basis of class discussion. One or more guest speakers will examine the corporate business functions and their interactions with the General Counsel.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? Yes

Corporate Crisis Management & Internal Investigations
Credits: 2
This course will examine how a global corporation should deal with crisis management including crisis insurance, crisis funds, crisis plans and crisis drills.  Then students will learn how to handle corporate internal investigations as either and in house and outside counsel including attorney client privilege, international attorney client privilege, interviewing company officers and employees, and reporting to the board of directors.
 

Corporate Finance
Credits: 2 to 4 Type: LEC
This course provides students with an understanding of the basic financial concepts and tools that are important for lawyers who practice business law, either in transactional practices or in those focused on litigation.  This course includes studies of the basic techniques used in valuing projects and businesses; the distinctive characteristics of corporate securities, including bonds, preferred stock, common stock, and convertible securities; the factors influencing decisions to pay dividends and repurchase stock; and the principles guiding the determinants of capital structure.  This course also includes an examination of the impact of theories of finance, including portfolio theory, asset pricing models, and efficient market theory, on legal rules.

Corporate Finance | Professor Colon
Credits: 4 Type: SEM
This course will cover the following topics:  (1) the time value of money and net present value; (2) the valuation of bonds and stocks; (4) uncertainty and the (possible) tradeoff between risk and return; (5) corporate financing decisions; and (6) options.  A prior knowledge of finance or accounting is not assumed, but you must be willing to analyze numerical data.  There will be approximately 8 graded homeworks, and you will be required to use Excel (on a very basic level) to solve some of the problems.  The course is not a standard law school course, in that we will not read many cases, but we will cover legal applications of the finance tools we develop.

 


Corporate Finance Legal Aspects
Credits: 3 Type: LEC
This course analyzes the nature of the legal relationships established and maintained in the structuring and execution of various capital formation and other corporate finance transactions. In addition to the study and analysis of pertinent state and federal statutory provisions and court decisions, the actual documentation involved in such transactions, including debentures, indentures, preferred stock provisions, convertible securities, and acquisition agreements is considered.

Corporate Governance
Credits: 2 Type: SEM
This course will focus on the evolving role of the board of directors in public companies, including the current law, rules and listing standards (such as the Dodd-Frank Act, Sarbanes-Oxley Act, SEC regulations, NYSE rules, and state law), how boards and committees actually are structured and how boards operate in key areas, including the selection of new board members, oversight of financial and other disclosures, hiring, firing, and oversight of management and approval business strategies, with particular focus on the role of the board in the M&A context. Course will have a scheduled final exam.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

Corporate Governance | Professor Morris
Credits: 2 Type: SEM
This course focuses on the balance of power and responsibility among boards of directors, shareholders, and management in large, public US companies, with an eye towards understanding how corporations are best controlled, managed, and lead.  We will discuss current laws, rules, and listing standards (such as the Dodd-Frank Act, the Sarbanes-Oxley Act, SEC regulations, NYSE rules, and state law), the extent and limits of shareholder power, how boards and committees are actually structured and how boards operate in key areas, including the election of new board members, oversight of financial and other disclosures, compensation of management, and approval of business strategies.  We will evaluate proposed reforms and discuss the policies behind and effectiveness of various corporate governance measures.  Many class sessions will include role-playing exercises, with students taking on the parts of directors, committee members, or counsel.  Students may choose a paper or take-home exam.

Prerequisites: corporations (or permission of the instructor)

Other notes: up to 5 students may obtain writing credit by writing a more elaborate paper.  Please contact the instructor for approval


Corporate Reorganization in Bankruptcy
Credits: 4 Type: SEM
This is a course about corporation reorganizations under Chapter 11 of the Bankruptcy Code. Unlike the typical Bankruptcy course, the emphasis will not be on mastering all of the intricacies of the Code, though to be sure students will be required to learn and understand key Code provisions and apply them to fact patterns. Rather, the course will approach corporate reorganization in a manner that considers not only legal rules, but also the important issues of financing that arise when a firm is in distress. In this way, the course should be useful to any student who intends to advise corporate clients on financial transactions and deal structuring, as well as to students who intend to work primarily as bankruptcy practitioners.

Pre-requisites: Corporations

Additional information: Previous studies in Bankruptcy are not required.

Corporate Strategy and Taxation
Credits: 2 Type: LEC
This course will review the role income tax strategy plays in a corporation's financial planning and results. Tax strategic planning will be reviewed as part of determining business structure, debt and offerings, mergers and acquisitions, international business expansion, capital structure, and choice of business location.

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Corporate Sustainability, Transnational Business and Human Rights
Credits: 2 Type: SEM
This seminar is focused on the social dimension of corporate sustainability, defined as a company’s delivery of long-term value in financial, social, environmental and ethical terms.  In particular, this seminar explores the multifaceted intersection of business and human rights, including labor rights. While some still consider that the social responsibility of business is merely to increase its profits, the idea that business has human rights responsibilities - moral and/or legal - has been steadily gaining acceptance. Growing awareness of the impacts that business can have on human rights - positive and negative – as well as of the increasing power of corporations vis-à-vis the States in which they operate has raised the volume on calls for businesses to ensure that, at a minimum, human rights are respected.

Well-known human rights organizations, like Amnesty International and Human Rights Watch, have launched human rights and business campaigns and monitor and report on human rights abuses by businesses. Consultancies and law firm practices have started to appear advising businesses how to improve their human rights performance. A growing number of multinational corporations have begun assessing their human rights impacts, introduced human rights policies and training programmes, have begun reporting on their human right performance and have hired experts in corporate social responsibility (CSR) and human rights. Some companies even find themselves being sued for their involvement in human rights violations. Finally, major international organizations, such as the United Nations, the International Labour Organization and the OECD, have issued principles and standards outlining the social responsibilities of businesses. In particular, a six year process undertaken by the UN Special Representative of the Secretary-General on Business and Human Rights culminated in June 2011 in the endorsement by the UN Human Rights Council of a set of Guiding Principles on business and human rights.

These developments beg questions - which will be explored in the seminar - such as why human rights are or should be a business issue; if so, to what extent; what can a company do to implement human rights; and what remedies might be available for those whose human rights have been adversely affected by a business.

The seminar addresses the following main areas:

A)        Why human rights is a business issue
B)        The international business and human rights framework
C)        Applications of business and human rights in particular contexts
D)        Remedies


Corporate Tax
Credits: 3 Type: LEC
This course presents the tax considerations of doing business in the corporate form. The course includes the formation of the corporation, distributions to shareholders, stock redemptions, partial and complete liquidations, reorganizations, spin-offs, and the survival of net operating loss carryovers following changes in corporate structure or shareholders.

Corporations
Credits: 4 Type: LEC
This course provides students with a basic understanding of the law that governs business organizations, particularly publicly held corporations. Aspects of the laws of agency and partnership are first considered to highlight the relationship to corporate law. In turning to corporations, the course considers the rights and duties of boards of directors, officers, and shareholders. Specific topics include the nature of debt and equity securities, the role of fiduciary duties, the regulation of conflicts of interest and insider trading, and the fundamentals of control transactions (like mergers and acquisitions). The course introduces students to state common law and statutory systems, as well as aspects of the federal securities laws, that regulate business organizations. Issues relating to the role of business organizations in society and the role of attorneys in representing these organizations are also considered.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

When is this course offered? Fall and Spring semesters, Summer session

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

LL.M. Notes: Core course for LL.M. Banking, Corporate & Finance Law Program

Counter-Terrorism Post 9/11
Credits: 2 Type: SEM
This class will examine counter-terrorism in a post-9/11 world. It will look into the laws, regulations, practices, tactics, techniques and strategies that are employed by governments, law enforcement and the financial community in order to prevent terrorism. It will also provide a comprehensive review of how terrorist acts since 9/11 have been addressed. The evolution of the laws and regulations applicable to detecting and prosecuting terrorism will be reviewed, including an in-depth analysis of the applicable sections of the Patriot Act. The course also addresses the role of lawyers, financial institutions and law enforcement in the process of trying to detect and prosecute terrorism and terrorist financing.

Criminal Defense Clinic
Credits: 5 (2 seminar, 3 casework) Type: CLN

Pre-requisites: Fundamental Lawyering Skills

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Additional information: Recommended courses - Criminal Procedure, Professional Responsibility, Trial Advocacy and/or Evidence

Criminal Law
Credits: 3 Type: LEC
Begins with an examination of theories of punishment and constitutional principles of criminal justice. The course then examines the substantive law of crimes, including the sources of law, inchoate crimes, accessorial conduct, elements of major crimes, defenses to criminal responsibility, and issues of prosecutorial discretion.

Additional information: This is a first-year course.

Criminal Law Defense
Credits: 2 Type: LEC
"This seminar explores the moral underpinnings of, and various controversies regarding, criminal law defenses. During the first portion of the semester, through assigned reading materials (articles, excerpts from treatises, but no cases), the focus is on the nature of criminal law defenses generally and, more specifically, the theoretical but all-important concepts of ""justification"" and ""excuse"". There will also be readings on various specific and controversial defense topics, perhaps including: whether battered women who kill their sleeping abusers should be entitled to claim self-defense; and the provocation defense to murder. Each student is required to write a substantial research paper on some aspect of criminal law defenses. Students will select a paper topic from a long list of research topics provided at the first class session. The topics relate to proposed new defenses (e.g., euthanasia; cultural defense, ""rotten social background"" defense); existing defenses; and more general concepts of justification and excuse. During the second half of the semester, students will report to the class on their chosen topic."

Criminal Law Desert & Punishment
This seminar examines the common assumption that criminal wrongs and moral wrongs are closely related and that state punishment should track moral desert in some meaningful way. The seminar asks whether moral desert should have a place in our understanding of criminal law at all, and what shape moral desert assumes and should assume when it is fashioned as the core of a state institution. These questions will be examined through a study of various theoretical issues, such as justification of punishment, the harm principle, criminalization, self-defense, necessity, and malum prohibitum. Students must write a short reaction paper every week, and they are expected to participate actively in all discussions. In addition, students may elect to write a research paper (including one that may be used to satisfy the upper-class writing requirement), for which they will receive an additional credit (for a total of three credits).

Criminal Litigation Drafting
Credits: 3 Type: SEM
This class will cover the essential drafting challenges from a simple criminal complaint, through investigation, onto trial. We will work with one fact pattern. The method will be interactive, open-ended. Each student will run his or her own case using the fact pattern, drafting various documents required at each step. With the aid of current and former prosecutors appearing as guest speakers, we will explore the fundamentals of a safe, persuasive drafting practice from both the defense and government perspective.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? Yes

Does this course have a waitlist? No

When is this course offered? Fall and Spring semesters

Is this course open to LL.M. students? No

Additional information: A background in criminal law or procedure, though helpful, is not required.

Criminal Procedure: Adjudication
Credits: 3 Type: LEC
The course deals with constitutional and statutory provisions governing the adjudication and prosecution of criminal cases. Topics include the right to counsel, the charging process, bail and pretrial release, discovery , the right to a speedy and open trial, joinder and severance, the reasonable doubt standards, the right to trial by jury the rights of confrontation and compulsory process, and the right against double jeopardy.

Criminal Procedure: Adjudication | Professor Lee
Credits: 3 Type: LEC
The subject of this course is the criminal process between bail and jail.  The course will focus on several questions: What is the criminal justice system for?  What does it mean to deal with criminal wrongdoing through the rule of law? What is adversarialism?  What rights do criminal defendants have in the process and why and how are they limited?  What powers does the State have in the process and why and how are they limited?  The course will address these questions by studying, among other things, bail and pretrial release, discovery, speedy trial, joinder and severance, plea bargaining, trial by jury, confrontation, double jeopardy, and sentencing. This class traditionally attracts those interested in practicing criminal law at some point in their careers, but the issues raised and discussed are of general interest to those who want to think about rule of law, due process, individual rights, adversarialism, and state power.

Criminal Procedure: Grand Jury Law and Practice
Credits: 3 Type: LEC
This course will explore the inner-workings of federal grand jury practice and the modern grand jury's critical role in the criminal justice system. With an emphasis on practice, we will discuss the roles of prosecutors in presenting evidence to grand juries and of defense counsel in representing "witnesses," "subjects," and "targets" of grand jury investigations. One class session will be devoted to a panel discussion concerning the merits of recent calls for grand jury reform (in the post-9/11 era), which would include revisions to the USA PATRIOT ACT, permitting defense counsel to attend grand jury sessions; requiring the government to disclose exculpatory evidence to the grand jury; and applying the exclusionary rule to grand jury proceedings. Several current or former Justice Department prosecutors and leading criminal defense attorneys are expected to participate in this debate.

Specific topics to be examined include the history of grand juries, including the English antecedents of the modern grand jury; grand jury operation and secrecy; the contours of grand jury subpoena power, and the rights, privileges, and obligations of grand jury witnesses (including Fifth Amendment issues and conflicts between assertions of Executive Privilege and the grand jury's right to "every man's evidence"); effective -- and ethical -- advocacy in a grand jury investigation; roles of the prosecutor and defense lawyer; grand jury independence; grand jury reform; "process violations," such as perjury, contempt, and obstruction of justice; and parallel civil and criminal proceedings.

In addition to cases and articles, classes will use materials from real-life high-profile grand jury investigations to highlight various points and perspectives, from that of the prosecution to the defense to third party witnesses to the press. Students will come away from the course with an understanding of the history and statutory and constitutional framework behind the grand jury, as well as exposure to the practical strategies involved in grand jury investigations and varying perspectives on questions of grand jury reform.

Criminal Procedure: Investigative
Credits: 3 Type: LEC
This course will consider the principal issues of criminal investigation arising under the Fourth, Fifth, and Sixth Amendments: arrest, stop and frisk, search and seizure, electronic surveillance, lineups, and police questioning. If time permits, we shall take up some issues of criminal prosecution: right to counsel, pleas and plea bargaining, and prosecutorial responsibility.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

When is this course offered? Fall and Spring semesters, Summer session

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Criminal Procedure: Investigative | Professor Denno
Credits: 3 Type: LEC
Criminal procedure has been a remarkably provocative topic in the past year, with issues such as government surveillance and stop and frisk practices garnering frequent headlines.  In this course, students will acquire an in-depth understanding of these and other investigative aspects of criminal procedure law.  We will begin with a focus on the role of the police in the community, and then move on to a comprehensive analysis of the many issues surrounding searches and seizures, including arrests.  We will also address recent developments regarding the impact of technology on search and seizure doctrine, and explore the question of what areas of privacy remain beyond government reach.  We will conclude with a discussion of interrogation practices, including the waiver of Miranda protections.  The course will spotlight developments in New York City and the role of its criminal justice actors (judges, police officers, etc.) as a means to a broad understanding of how the rules and practice of criminal procedure affect cities throughout the country.  The format of the class will be primarily class discussion, as well as guest speakers who will provide real-world perspective on the topics addressed during the semester.

Criminal Procedure: Prosecution, Defense, and Adjudication
Credits: 3 Type: LEC
This course, taught by the former Director of the Enron Task Force, deals with constitutional and statutory provisions governing the prosecution, defense and adjudication of criminal cases against individuals and corporations. Topics include the use of the grand jury, the charging process, the Fifth Amendment right to remain silent, the Sixth Amendment right to counsel, bail and pretrial release, "perp" walks and pretrial publicity, Brady v. Maryland, discovery, the right to a speedy trial, joinder and severance, the reasonable doubt standard, the right to trial by jury, the rights of confrontation and compulsory process, and sentencing.

Criminal Trial Advocacy
Credits: 3 Type: SEM
This course deals with techniques and strategies in criminal litigation. Students face typical problems from all phases of criminal trial practice with an emphasis on methods of developing facts, including direct examination, cross examination, exhibit introduction, impeachment, opening and closing statements. Students are expected to participate in simulated trial teams and conduct a trial.  If a student misses the first class without calling or emailing the Professor in advance for permission, they will be dropped from the course.

Pre-requisites: Evidence & Criminal Procedure: Investigative

Critical Race Theory
Credits: 2
In the mid-1980s, a new scholarly movement developed in legal academe, Critical Race Theory (“CRT”). Early advocates of CRT—including Derrick Bell, Mari Matsuda, Charles Lawrence, Richard Delgado, Kimberlé Crenshaw, and Patricia Williams—challenged both the substance and style of conventional legal scholarship. Contrary to the traditional notion that racial subordination represents a deviation from the liberal legal ideal, this body of work recasts the role of law as historically central to and complicit in upholding racial hierarchy as well as other hierarchies of gender, class and sexual orientation. The goal of this seminar is to examine the genesis of CRT and, in light of its theoretical commitments, to explore CRT’s possibilities and limitations. The Final Grade will be based on class room participation, an in-class presentation, and a Take Home Examination. Students may submit a Research Paper in lieu of the Take Home Examination only after having the paper topic certified with the Professor.

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Cross Border Contracts
Credits: 2 Type: SEM
This course will deal with the process and substance of cross-border contracting.  We will develop skills called for in negotiation of contracts by lawyers from different legal and national cultures, using videotapes of simulated negotiation sessions.  We will consider important substantive difference between US and some major foreign systems of contract law, including in that a review of the CISG which we share with other major trading countries, and the UNIDROIT Principles often incorporated as norms in non-sales cross-border contracts.  Finally, we will focus on drafting important provisions in cross-border contracts, including choice of law clauses, as well as provisions to deal with changed circumstances and dispute resolution.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

Cross Border Mergers and Acquisitions
Credits: 2 Type: SEM
The course explores the lawyer's role in structuring, negotiating and implementing cross-border business transactions to create value, manage business risk and promote client interests in a complex legal and regulatory environment.  The course, which will focus on public and private mergers & acquisitions transactions, will be taught by mergers & acquisition partners from the international firm of White & Case LLP.  Other experienced  lawyers from additional practice areas of White & Case LLP will participate in certain of the classes to provide additional insights. The course is designed to fill the gap between academic theory and law firm transactional practice by introducing the participants to basic deal-making techniques and legal and business aspects which should be considered in cross-border M&A transactions. Where possible, case studies from hypothetical and actual cross-border transactions will be utilized during the course.  The course will also examine the current regulatory schemes in a number of jurisdictions that affect foreign direct investments as well as the underlying policy rationales offered for such regulations.

Cross Cultural Negotiation
Credits: 2 Type: SEM
Crossroads of Criminal and Civil Law
Credits: 2 Type: SEM
Criminal and civil law are traditionally separate disciplines.  They remedy different types of wrongs:  civil law refers to private wrongs and criminal law to public ones.  But increasingly, the line between these disciplines has blurred.  Criminal penalties may be monetary and involve restitution to victims, who are often private parties.  Strict liability criminal statutes require no mens rea.  These are more than definitional or theoretical issues, and this seminar explores the practical problems that arise at the crossroads of criminal and civil law.  
Today, every high profile criminal matter – whether Rajaratnam, Madoff or Strauss-Kahn – involves parallel civil litigation, such as an SEC enforcement action, a state attorney general lawsuit, a private class action or a tort claim.  For many defendants caught up in a criminal investigation, the consequences of companion civil litigation or regulatory proceedings may be as serious as the criminal investigation; companies may be barred from lines of business, or put out of business entirely, and individuals may face loss of a law, accounting or securities license.  No lawyer can competently represent a client confronting cases at these crossroads without analyzing the ramifications of an action taken in one context for the other.  What are the consequences, for a related civil case, of asserting Fifth Amendment rights in the context of a criminal prosecution?  What are the consequences, for related civil litigation, of entering a guilty plea in a criminal proceeding?  Can a party provide the government with an internal investigation report, but withhold that report from adversaries in civil discovery?   
This class addresses these sorts of issues each week, taking into account perspectives of government prosecutors and regulators, private civil and criminal counsel, and the court.   
 

Crowley Human Rights Seminar
Credits: 3 Type: SEM
This seminar will allow each student to devise their own human rights project or course of study which might include independent research and writing projects or internships at local human rights organizations. These might also include group projects that could have a regional or substantive focus. Seminar content will reflect the projects of the students.

Cultural Property
Credits: 2 Type: SEM
From looted Iraqi artifacts to Native American ceremonies, national monuments to corporate logos, the concept of cultural property is expanding. The legal relationship between culture and ownership, however, remains subject to controversy. This seminar examines the broad legal dimensions of cultural property, starting with the values expressed through claims to ownership of culture: multiculturalism, communal authorship, collective identity, authenticity, social status, contested meaning, and access to knowledge, among others. In particular, the course will consider the theoretical tensions between cultural heritage and property, especially as they relate to concepts of progress and preservation, the fluidity of culture, and the interests of indigenous peoples. Against this background, students will be invited to evaluate the ongoing efforts to assign ownership of and/or protect cultural properties. Transnational institutions, multinational and regional treaty agreements, domestic laws, diplomatic efforts, and local custom all play a role in this legal matrix. Ultimately this course seeks to analyze the fit between our legal culture and the legally recognized ownership of culture.

Current Issues in Offshore Financial Law
Credits: 2
Recent disputes between the Department of Justice and banks such as HSBC and UBS have kept the spotlight shining on the phenomenon of offshore banking; but it also ensures that it remains an exciting area for research and study.  Offshore Financial law has been defined as legislation, legal practices and law concerned with investment, financial arrangements and entities created by non-residents of a particular jurisdiction but structured within that jurisdiction.  Offshore financial entities in the Caribbean, (and elsewhere), banks and trust companies in the main, offer advantages to the investor in flexible business arrangements, tax avoidance, privacy/confidentiality and protection from creditors.  Thus, the offshore centers in the Caribbean, which is the main focus of case study in this course, offer American mainland residents a viable alternative to the on-shore banking sector and benefits of higher interests on deposits, low or no tax rates and confidentiality.  The international reaction to offshore facilities has been negative, in particular that of the Organization for Economic Cooperation and Development (OECD).  Trends in legislation, case law and policy in the United States also have implications for Americans looking offshore alternatives as investment for their wealth.

The course will examine a number of topical issues concerning Offshore Financial Law.  At the end of the course students will be graded based on a research paper treating on the viability of offshore banking, with emphasis on the unique situation in the Caribbean, which is in close proximity to the United States and is uniquely placed to provide alternatives to investors. 


Is this course open to LL.M. students? Yes

Current Supreme Court Controversies
Credits: 2 Type: SEM
This two-credit seminar offers an intensive study of the Supreme Court and its current Term. It focuses in particular on the controversies that the Justices confront - both the high-profile disputes that fill the Court's docket and the perennial debates surrounding the institution's proper role and operation.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Cybercrimes
Credits: 2 Type: SEM
As the world's societies and economies become more dependent on computer data and networks to operate, Internet- and computer-related crime has exploded. Crimes such as phishing and other on-line identity theft and bank fraud, child pornography, computer hacking, network attacks through viruses and other "malware," and economic espionage and intellectual property offenses are all on the rise. And issues related to Internet surveillance, privacy rights, and the Patriot Act are increasingly the subject of public debate.

This seminar will explore the numerous, varied, and often cutting-edge legal issues confronting judges, legislators, and lawyers in this relatively new and fast-moving area. In particular, we will consider such broad questions as: how crimes in cyber-space challenge traditional, physically-oriented, approaches to investigation and prosecution; what conduct should be considered criminal in the digital realm; the adequacy and propriety of the federal approach to computer misuse crimes and other cyber-crimes; the causes and consequences of the increased attention and resources dedicated to computer crimes; and how the Fourth Amendment applies, and should apply, in cyber-space. Throughout the seminar, we will explore and incorporate international approaches to the issues under discussion because the digital world, and thus the field, is inherently global. The goal of the seminar is to provide students with a strong grounding in the broad range of applicable cyber-crimes and the issues surrounding these laws, as well as to provoke a re-consideration and deeper understanding of some of the central questions in the field.


Pre-requisites: Criminal Law

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Additional information: Ffamiliarity with Criminal Procedure, Evidence, and also the Internet, will be helpful.

Cybersecurity Law and Policy Workshop
Credits: 3
This course will be a research and drafting workshop on cybersecurity law and policy.  The course will introduce students to the significant challenges that law enforcement and the private sector face in addressing cybersecurity issues while assuring public safety, economic interests and citizens' privacy.   The course will examine the need for public-private partnerships, where companies work with each other as well as with the government, and the lack of clear legal and procedural roadmaps to address growing threats.   As a workshop, the class will prepare a series of background papers for a policy-makers' conference to be hosted by the Fordham Center on Law and Information Policy.   The papers will set out the legal and policy frameworks associated with: (1) intra-corporate issues; (2) inter-companyissues; and (3) government issues.  
 
The workshop will have a limited enrollment of 15.  Enrollment by permission only.  Students must E-mail the professors and provide a statement of interest and CV, to the instructors for admission.
 
This course does not satisfy the writing requirement.  But substantial research and writing will be required.

 


Death Penalty, The
Credits: 2 Type: SEM
The course considers the impact of racism, poverty and ineffective legal representation on capital punishment. Primarily, however, the course is about the law; the rules and procedures which govern who is, and is not, subject to the death penalty; what principles does the law invoke to distinguish death-worthy cases from cases where the sanction of death itself would be unlawful. We will also consider moral and philosophical questions about the death penalty to the extent that such questions affect or influence legal thought and policy, and explore some emerging issues implicated by most recent death penalty jurisprudence.

Decedents' Estates
Credits: 2 Type: LEC
This course includes the study of interstate succession, adopted children, the nature of a will, testamentary capacity, fraud, duress, and undue influence, right of election, contracts to make testamentary dispositions, constructive trusts, conditional wills, construction and interpretation of wills, execution, revocation, republication and revival.

Derivatives and Risk Management
Credits: 2 Type: SEM
This seminar will consider one of the most talked about topics on Wall Street and in corporate board rooms: derivatives. We will go behind recent headlines on "rogue traders" and municipal and corporate (mis) management to consider the body of law emerging in pending litigation and legislation. The seminar will address issues arising in the use of derivatives for risk management and examine specific hedge strategies and the legal implications for the user, buyer, and seller. Distinguished Wall Street executives, corporate officers, law firm partners, and fund managers will participate in several classes.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? No

Disability Law
Credits: 2 Type: SEM
This seminar will address a wide range of civil rights issues that arise in the representation of clients with disabilities and will examine evolving public policies affecting persons with disabilities. Substantive areas that will be covered include civil rights (including employment and public access), education, housing, reproductive rights, and criminal justice. Ethical considerations for the practitioner in the representation of individuals with disabilities will also be explored. Students will discuss how public disability policy is both reflected in the law and responds to legal challenges.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

When is this course offered? Fall and Spring semesters

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Disaster Law
Credits: 2 Type: SEM
Disaster Law offers a timely approach to examining the intersection of law and policy, the tension between public and private risk allocation, the role of government and issues of federalism, and provides a survey of law affecting households and communities in the recovery process.  The class will examine emerging domestic and international law while also exploring the multiple roles that attorneys might play along the timeline of an emergency: as counselors, negotiators, evidence-gatherers, advocates, legislators, litigators, critics, and policymakers. More specifically, the course will include the definition of a disaster and their causes; individual, business, and government issues that predictably arise in disaster; the role of government, non profits, and the private sector during a disaster and recovery, especially when dealing with vulnerable populations; state, national, and international laws that govern recovery from disaster; and mechanisms for assessing accountability. The focus will be bilateral: on practical skills that lawyers can use to advise clients before and after a disaster and in affecting public policy.

Students who are interested in participating in relevant fieldwork and who have identified an appropriate placement by the first week of the semester may be eligible for an additional one credit, upon the approval of the professor.  

 

Requirements: Research Paper and Class Participation


Discovery and Pre-Trial Procedure
Credits: 2 Type: SEM
An advanced course in the strategy and use of discovery. Students draft devices such as interrogatories, request for documents and requests for admissions, argue discovery controversies, conduct a deposition, and observe court proceedings.
 

Discovery Drafting
Credits: 3 Type: SEM
This seminar covers the preparation of civil discovery papers and related documents in a trial court.  Students will analyze the discovery issues raised by hypothetical fact patters, learn how the discovery process fits within the larger pre-trial preparation process, and prepare various discovery-related documents such as initial disclosures, interrogatories, requests for production, and requests for admissions.  Students will also consider special problems caused by electronic discovery, foreign discovery, and privilege disputes.

Dispute Resolution Systems Design for Educational Institutions
Credits: 3 Type: SEM
A 3-credit course, offered in conjunction with the Feerick Center for Social Justice, providing fieldwork experience as well as a potential internship opportunity. Topics include basic principles of corporate governance with an emphasis on not-for-profits and private education. Students will be trained to act as facilitators by experienced practitioners for the first regional school boards for the primary educational system of the Archdiocese of New York City. The course will provide students with the opportunity to attend board meetings and interview board members. The class will host speakers including leaders from public and non-profit organizations.
 
Transformative changes are taking place in the Archdiocese of New York City in connection with its primary educational system.  This course will provide students with the opportunity to be part of implementing this new system of governance. The archdiocese includes approximately 119 regional schools with enrollment of over 50,000 students.

Doing Business in the European Union
Credits: 2 Type: SEM
The course of doing business in the European Union “EU” reviews the development of the European Union’s legal system, its characteristics and the current main EU institutions.

The course focuses on the common market (freedom of movements of goods, persons, and workers, the right of establishment and to provide services) and the competition policy (cartels, abuse of dominant position, merger, state aids).

The students will also learn about forum selection rules applicable in the European Union in case of disputes between companies incorporated in different countries, and how to challenge acts of EU Member States or EU Institutions. Finally, the course will cover the recognition and enforcement of judgments within the EU.

 


Domestic Violence: Law and Social Work
Credits: 3 Type: SEM
This interdisciplinary three-credit course, open to both social work and law students, explores the roles of social workers and lawyers in the area of domestic violence. The course is based on the premise that increased interdisciplinary knowledge will lead to more effective intervention with both survivors and perpetrators.

Jointly taught by a social work and a law professor, the course provides students with both historical and contemporary perspectives on the psychological, social and legal issues involved in domestic violence. An understanding of both theory and practice are emphasized.


Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Drug Regulation and Policy
Credits: 2 or 3 Type: SEM
This course critically examines how drugs and drug users are regulated in the United States by examining the laws and regulations employed to govern drug consumption and sale.  Today, drug laws touch upon nearly every segment of society and every aspect of modern life, from regulations that prohibit smoking in public spaces and laws that allow for the consumption of marijuana for medicinal purposes, to laws that mandate long prison sentences for those convicted of certain drug offenses.   Moreover, individuals of all income levels, from rural, suburban and urban areas, and from virtually every racial and ethnic group are subject to a dizzying array of drug laws.  However, these laws differ in many critical respects, as do their social and demographic effects.  This course explores the various regulatory mechanisms used to control consumption and sale of drugs, including criminal laws and penalties, the FDA drug approval process, civil litigation against drug manufacturers, patent laws, tobacco mass-tort litigation, and market-based strategies such as production subsidies and taxation. 

E-Commerce
Credits: 2 Type: LEC
This lecture course will cover Internet-based electronic commerce from the perspective of both business to business and business to consumer transactions. Subject areas covered will include protection of copyrighted content, trademark issues in online transactions, enforceability of online and other standard form agreements, liability of interactive service providers, subject matter and personal jurisdiction in online transactions, and emerging issues in data security and privacy. Issues raised by emerging communications technologies such as VoIP, blogs, RSS and podcasting will be discussed. Consideration will be given to typical agreements involved in online commerce, including Web site development and hosting agreements, Web site privacy policies, Web site terms of use and end user license agreements.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 35

Does this course have a waitlist? No

Education Law
Credits: 2 Type: LEC
This course surveys the law governing K-12 schools in the United States.  Topics covered will be determined to some extent by student interest, but we will cover at least to some extent school governance, basic school finance, the regulation of student and faculty speech, the regulation of religious expression, the education of children with disabilities, the regulation of private schools, homeschooling, and school choice.

Students must write some combination of weekly response papers and a final paper.  The course may be used to fulfill the JD writing requirement. 

 


Does this course satisfy the writing requirement? Yes

Election Law
Credits: 2 Type: LEC
This course explores the right to vote and its exercise, with particular emphasis on issues relating to the nomination and election of the President of the United States. We will address the rights of voters and political parties, and obstacles faced by candidates in the electoral process. We will study the electoral college, with particular emphasis on the presidential elections of 1876 and 2000. And we will analyze election administration issues, and how the laws and rules of voting has impacted election results.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

When is this course offered? Fall and Spring semesters

Election Law and the Presidency | Professor Goldfeder
Credits: 2 Type: LEC
We will address the basic issues of Election Law, including the two-party system as the foundation of American politics; the constitutional rights of political parties and their members; the rights of minor parties and independent bodies; ballot access issues; voting rights; voter suppression; and campaign finance. We will also look at salient issues relating to the nomination and election of the President, including the electoral college, several important presidential elections, impeachment and succession.
A paper will be required, which will count for 75% of the grade participation will count for 25%.

Electronic Discovery
Credits: 2 Type: SEM

Modern discovery is no longer about rummaging through boxes of paper - instead, relevant information is predominantly stored electronically. The wealth of potential evidence contained in massive volumes of electronic mail, database applications, instant messages and any other imaginable application or media has engendered an ever-expanding jurisprudence in the field known as Electronic Discovery.  The law has struggled to keep pace with the challenges electronic information presents for the legal process, including preservation issues, rising costs, privilege waiver questions, privacy and evidentiary admissibility, to name just a few.  Amendments to the Federal Rules of Civil Procedure in 2006 and the Federal Rules of Evidence in 2008, as well as an array of local and state rules that have sprouted in response to these issues have brought Electronic Discovery to the forefront of litigation.  This course will cover what practitioners need to know in order to represent clients in a world that is increasingly computerized.

 


Emergency and the Rule of Law
Credits: 3 Type: LEC
This is a class about the relationship between courts and the political branches during times of emergency.  In both national security and immigration law, courts have created self-imposed doctrines that limit their ability to resolve substantive questions regarding the conflict between individual liberty and executive power.  In this class, we explore questions of judicial deference by focusing on the past decade’s worth of cases in the areas of national security and immigration law.  The first 60 percent of the course considers the 9/11 crisis and its aftermath, focusing on laws surrounding the detention and prosecution of terror suspects at Guantanamo Bay and the interpretation of those laws by the federal courts, exploring problems of jurisdiction, due process, and separation of powers.  The balance of the semester takes up various immigration-law issues that include detention, effective assistance of counsel, and procedural due process.  In both contexts, the past decade has witnessed a more involved judiciary than what standard deference doctrines would require.  Do these cases establish a renewed “rule of law” perspective on such questions?
This class uses case law, statutes, and a rich law review literature to consider these questions.  In addition to analyzing these questions from the position of legal doctrine and theory, we will employ the tools of courtroom litigators by reading a variety of court documents and pleadings – including habeas petitions, motions to dismiss, appellate briefs, and other devices used in the process of litigation.  This latter, more granular inquiry will expose students to a number of features of complex litigation and the practical skills lawyers use in representing clients, including points of trial and appellate practice, litigation strategy, and legal ethics. Course has a take-home exam.   
 

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? No

Employment Discrimination Law
Credits: 2 Type: LEC
This course will give you a hands-on perspective approach to employment discrimination law from both the view of a litigator and an in-house counsel. You will learn the nuts and bolts of how to develop plaintiff and defense arguments under the different federal laws prohibiting employment discrimination. We will focus on Title VII of the 1964 Civil Rights Act which prohibits discrimination on the basis of race, color, religion, sex (pregnancy) and national origin as well as the Age Discrimination Employment Act (ADEA) and the Americans with Disabilities Act (ADA). We will also cover the Equal Pay Act, Section 1981 of the Civil Rights Act of 1866 (race discrimination), Immigration Reform and Control Act, citizenship discrimination, affirmative action, discrimination on the basis of sexual orientation as well as retaliation, procedure and damages. This course has a take-home exam.

When is this course offered? Fall and Spring semesters

Employment Discrimination: Law, Practice, and Policy
Credits: 3 Type: SEM
An introduction to Title VII, the Americans With Disabilities Act, and the New York City Human Rights Law. Throughout the semester, we will be grappling with both practical and doctrinal issues that arise in employment discrimination litigation, including theories of liability, burdens and methods of proof, the standards for establishing vicarious liability and for awarding punitive damages, and the impact of the Supreme Court's federalism notions. Issues specific to harassment, gender-role stereotyping, disability, and sexual orientation are among those that will be addressed. The assumptions that underlie both support for and opposition to current judicial doctrine in this employment discrimination area will be examined closely.

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Employment Law
Credits: 3 Type: LEC

This course addresses federal and state law approaches to the relationship between individual employees and employers, including constitutional, statutory, and common-law regulation of the employment relationship.  We will examine issues that often arise in relation to the hiring process, including restrictions on job access, interviews and references, drug-testing, and limits on freedom of expression and privacy on—or away from—the job.  We also will consider issues typically associated with termination of employment, including employment at-will and common law exceptions thereto, whistleblower protections, and non-compete agreements. Finally, we will devote attention to regulation of safety and health in the workplace, focusing on the federal Occupational Safety and Health Act (OSHA) and state laws governing workers’ compensation. The course does not address issues covered under courses in labor-management relations or employment discrimination.


Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

Employment Law | Professor Rassas
Credits: 3 or 4 Type: LEC
Employment Law will examine the employment relationship—from the entry, through the exit and beyond—and will include coverage of the major federal statutes, regulations, and common law doctrines that impact that relationship. Issues tied to each phase of employment (hiring, managing and firing) will be discussed, and specific topics may include at-will employment; the legal definition of an employee versus an independent contractor; workplace harassment, compensation and leave policies, and other rights of working individuals (including such things as grooming and dress codes and the right to privacy as it relates to drug and medical testing and the regulation of off-duty conduct). The laws that govern health and welfare including compensation, retirement, and healthcare, as well as the post-employment obligations of both parties to the relationship may also be examined.
Although this course is distinct from a course that focuses solely on employment discrimination, a broad overview of Title VII which prohibits workplace discrimination based on race, color, religion, sex, genetics and national origin will be provided.  A study of this subject matter is critical because the prohibition of disparate treatment discrimination (which relates to intentional discrimination) and disparate impact discrimination (which relates to facially neutral policies and conduct that produce discriminatory results) are common threads that run through the entire subject area. 

English Legal History
Credits: 2 Type: SEM
This seminar will examine the development of English civil, criminal and constitutional law from the medieval period to the present. The focus of the course will be on the evolution of legal doctrines and institutions since the eighteenth century. These developments will be considered in the context of broader social, economic, political and intellectual changes. Selected topics will include criminal law and procedure, the rise of the legal profession, the law of trade unions and corporate enterprise, the triumph and decline of freedom of contract, and judicial responses to popular protest movements. Readings will include scholarly articles and monographs as well as case law.

Entertainment Law
Credits: 2 Type: LEC
Examines legal relationships in the recording, music, motion picture and television industries, as well as the legal relationships between artists and their personal managers.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

When is this course offered? Fall and Spring semesters

Is this course open to LL.M. students? No

Entertainment Law Drafting
Credits: 2 or 3 Type: SEM
This transactional drafting course covers documents in traditional entertainment law (print publishing, television, film and theatre).  The assignments will include rights agreements, releases, licenses and agreements with directors, actors and other talent.  There will be some discussion of financing and distribution agreements but this will not be the main focus of the course.  Among the issues to be discussed will be questions of copyright, ownership and creative license.  The course is designed to give students an opportunity to discuss practical, real-life situations and draft appropriate documentation from differing perspectives. Through written assignments and in-class drafting and negotiating exercises, students will be introduced to some of the basic issues in transactional entertainment law drafting.

Entrepreneurial Law
Credits: 3 Type: SEM
This course will cover theoretical and practical issues that arise when taking an entrepreneurial venture from conception, through formation, financing and growth, including planning for exit. It will provide students with a basic understanding of the legal and economic considerations and principles involved in, and the role of lawyers in counseling, early stage companies and their founders and investors including the major issues a lawyer is likely to encounter in the course of such representation.  Topics to be covered include intellectual property, corporate, financial and ethical issues involved in the formation and development of a technology start-up including basics of a venture capital financing transaction. Students will develop an understanding of the principal legal and business concepts and issues in the start-up process and, through the use of mock transactions and agreements as examples, gain practical exposure to the transactions and documents themselves.  Prerequisites: Corporations.
The curriculum will cover both federal and state law issues that impact the start-up/venture capital process. The federal issues will be principally in the areas of intellectual property, securities and tax. Various states’ laws will be considered, with emphasis on jurisdictions of significance to the venture capital/start-up process.  However, the course is not intended to cover those areas fully and only issues of relevance to the course’s main topics will be explored. The course will also address the economic and business issues associated with early stage companies and how those issues are affected by the law. 

Entrepreneurship and the Law
Credits: 2 Type: SEM
This seminar examines how the legal landscape and legal structuring strategies shape entrepreneurial enterprises. The course explores the position of the entrepreneur in society, in the economy, and in our constitutional framework, in order to analyze the entrepreneur's fundamental legal needs. The seminar then surveys legal questions particular to start-ups, including strategies for structuring a business organization, financing, and protecting intellectual property. Throughout the course, students will analyze strategies for counseling entrepreneurial clients.

Objective: The overarching purpose of Entrepreneurship and the Law is to prepare students to meet the legal and regulatory challenges and opportunities they can expect to encounter as entrepreneurs, venture capitalists, and managers of private and public businesses. The course provides a conceptual framework for understanding both the societal context within which businesses are organized and operate, as well as the various legal tools available to managers engaged in evaluating and pursuing opportunities. The course will offer strategies and tactics for working with counsel to use the law as a positive force to increase realizable value while managing the attendant risks and keeping the legal costs under control.


Environmental Justice: Theory and Practice
Credits: 2 Type: SEM
This course will cover the history and evolution of the environmental justice movement specifically analyzing the legal and policy tools used by advocates to advance environmental justice.  The course will also look to international environmental justice movements to compare and contrast the types of tools advocates use and to see what lessons can be learned.  Finally, the course will turn to the next challenge facing the environmental justice community by looking at climate justice issues through an environmental justice framework.

Key topics to be covered are: the intersection between race and the environment, the use of civil rights law for environmental justice concerns, the relationship between traditional environmental movements and the environmental justice movements, the challenges facing international environmental justice movements and how they differ from domestic movements, the role of international law in environmental justice movement, and the role of environmental justice in the development of the new “green economy.”


Environmental Law
Credits: 2 Type: LEC
This course covers the basic legislative elements of, and relevant judicial decisions under, the Federal Clean Air Act, the Clean Water Act, the National Environmental Policy Act, Superfund, ECRA, and RECRA, together with some aspects of the Atomic Energy Act. As part of the final grade, the class participates in preparing briefs and oral arguments as proponents and opponents involving timely environmental issues. A third of the class acts as judges who render written opinions on such issues.

Environmental Law and Policy
Credits: 3 Type: LEC
This course surveys the statutes, regulations, common law principles, and policies that address a wide range of environmental problems.  The course begins by providing an introduction to environmental problems, basic theoretical concepts, common law cases, and the administrative law background necessary to understand this field of law.  The course then proceeds to examine the goals of pollution control statutes and the criteria guiding decisions about the stringency of regulation. We will study relevant portions of the major environmental law statutes as they relate to understanding the different regulatory criteria employed—e.g., effects-based standards, technology-based standards, and cost-benefit considerations.  The statutes that we will study include the Clean Air Act (CAA), the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), the Resources Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).   The course will also compare the different means of meeting environmental goals, including traditional regulation, economic incentives, information-based approaches, pollution prevention, and ecological restoration.

Students will be assessed through a combination of classroom participation, written assignments, and a final take-home examination.

 


Estate Administration
Credits: 2 Type: LEC
The fundamentals of administration of decedents' estates, including probate and, contested probate, establishing distributees in administration proceedings; appointment and qualification of fiduciaries; powers and duties of fiduciaries; marshalling decedents' assets; discovery proceedings; claims against estate construction of will; determming validity of right of election; tax apportionment; preparat of formal accounting; attorneys' fees; setting up a trust; and distribution.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

Estate and Gift Taxation
Credits: 2 Type: LEC
An introduction to the federal estate and gift taxes with an analysis of the tax costs associated with inter-vivos gifts as well as testamentary transfers.

Pre-requisites: Income Taxation

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Estate Planning
Credits: 2 Type: LEC
A comparative study of methods to conserve and transmit a client's estate while minimizing the impact of income, gift and estate taces. Integration of life insurance, inter vivos gifts, revocable and irrevocable inter vivos trusts the short term trust disposition of business interests testamentary trusts, powers and marital deduction multiple and sprinkling trusts charitable gifts and the charitable foundation.

Ethical Issues in Civil Litigation
Credits: 3 Type: SEM
This is a basic course on professional responsibility with a particular emphasis on ethical problems of interest to civil litigators.  This is a three credit course.  The text is Pearce, Capra & Green, Professional Responsibility: A Contemporary Approach (West 2013).  Like most professional responsibility courses, this one will use the ABA Model Rules of Professional Conduct, and supplemented by reference to the New York Rules of Professional  Conduct, to examine basic duties to the client (e.g., competence, confidentiality, conflicts of interest, consultation) as well as to third parties, the courts and the public.  We will examine standards of civility and the need to treat others with courtesy and respect.  Particularly, this course will focus on ethical issues of interest to civil litigators.  These include ethical dimensions of settlement negotiations, discovery and evidence gathering and especially e-discovery (e.g., inadvertent disclosure of confidential information, the use of deception in undercover investigations), and client and witness perjury, interviewing and coaching.  This is a discussion course which will employ both hypothetical problems and those that have arisen in the experience of the Professors to think through ethical issues confronted by practicing lawyers.  Our class discussions will be broad-reaching and may include experiences from practicing lawyers who have faced similar issues.

European and International Antitrust Law
Credits: 3 Type: LEC
This course will primarily study the competition law and policy of the European Community, notably Articles 81, 82 and 86 of the Treaty. Specific topics will include: policy considerations and enforcement institutions; arrangements between competitors; mergers and joint ventures; vertical arrangements; dominant firm behavior; and state intervention in the market place. The last part of the course will focus on international antitrust issues. It will examine in particular how the proliferation of antitrust enforcement around the world can affect the activities of multinational corporations. Guest lecturers will periodically be invited during course.

European and International Competition Law
Credits: 2 Type: LEC
This course will primarily study the competition law and policy of the European Community, notably Articles 81, 82 and 86 of the Treaty. Specific topics will include: policy considerations and enforcement institutions; arrangements between competitors; mergers and joint ventures; vertical arrangements; dominant firm behavior; and state intervention in the market place. The last part of the course will focus on international antitrust issues. It will examine in particular how the proliferation of antitrust enforcement around the world can affect the activities of multinational corporations. Guest lecturers will periodically be invited during course.

European Human Rights Law
Credits: 2 Type: SEM
This seminar aims to introduce participants to "European Human Rights Law" by focusing both on the European Union's human rights system on the one hand, and the Council of Europe's human rights system, in particular the European Convention on Human Rights (ECHR), on the other. The first part of the course will examine the changing framework of human rights protection within each of these two European systems, with an emphasis on the emergence of the newer human rights regime within the EU and its implications for human rights protection in Europe more generally. The basic institutional framework and functioning of each of the two systems, and their respective strengths and weaknesses will be discussed and compared, and the interaction between the two considered. The second half of the seminar will examine a number of selected substantive topics, exemplifying some of the main challenges facing human rights in Europe at present. These include anti-discrimination law, the response to terrorism, and the problems of multiculturalism.

European Monetary Union and Banking Law
Credits: 2 Type: SEM
This interdisciplinary seminar, offered in cooperation with the University Economics Department, analyzes the structure, operations and economic implications of the European Economic and Monetary Union (EMU) and the European Union's harmonization of banking law. All topics will be the subject of both legal and economic policy analysis. The seminar will initially review the history of monetary coordination and the achievement of free movement of capital. The structure, role and powers of the European Central Bank (ECB) will be described, along with the issues of its independence and limited democratic accountability. The level of effectiveness of centralized monetary policy-making by the ECB and the degree of transparency in its operations will be analyzed. The seminar will review the economic criteria for joining the final stage of EMU, the relation between EMU and the International Monetary Fund, and ongoing economic coordination. The legislation governing the Euro as a currency and its economic impact will be discussed, as well as the international use of the Euro and its relationship with the dollar. In banking law, the seminar will review the development of European-wide banking rules, notably the First and Second Banking Law Directives. The nature and policy implications of the single license and Home State authorization and the scope of universal banking will be discussed, Prudential supervision of capital, risk management and other regulatory requirements will be reviewed, together with an assessment of the ongoing restructuring of the European banking industry.

European Union Business and Trade Law
Credits: 2 Type: SEM
Seminar on rules for the attainment of an internal market and their external trade effect. Topics are selected from the following; harmonization of laws programs and the doctrines of direct effect, preemption and subsidiarity; the right of establishment and freedom to provide transborder services; rights of practice of lawyers and other professionals; harmonization of Company law, including the capital, merger and accounting directives, and draft proposals for shareholder protection and takeover rules; harmonization of regulation of securities and stock markets; harmonization of bank regulatory rules to enable universal transborder banking;harmonization of insurance and tax law; free movement of capital and progress toward an economic and monetary union with a central bank and single currency; social policy; including worker consultation and equal treatment of women in the workplace; consumer interest legislation, particularly the unfair contract terms directive; environmental protection and pollution control; trade relations with the US, especially within GATT; customs regulation and trade protection, especially anti-dumping rules.

European Union Corporate Governance and Employee Rights Law
Credits: 2 Type: SEM
This seminar is devoted to two major fields of European business law of concern to American and European multinational corporations and lawyers. The seminar begins with a review of the European Union's internal market and financial market integration programs and the legal rules governing the trans-border providing of services and the right of establishment.

The principal topic is the evolving regulation of companies and corporate governance, with frequent comparison to US rules. The seminar will review the basic structure of French, German and UK companies, together with the public disclosure, capital maintenance, merger and basic accounting rules imposed by EU company law. The recent Court of Justice doctrine on the right of company establishment will be analyzed. Special attention is given to the controversial Takeover Directive and the recent Corporate Governance Action Plan, with its legislation and recommendations concerning boards of directors and the role and independence of auditors, in contrast to Sarbanes-Oxley rules. The European Codes of Conduct and soft law approach will be emphasized.

The second topic is the EU's Social Policy program and employee rights legislation and case law, especially as they affect the corporate governance of multinational company operations. The rules on collective dismissals, work-time limits and the representation of employees on national and multinational works councils will be analyzed. Equal employment rights for women and men may also be covered.

If time permits, we will review the rules on free movement of capital and their impact on government restrictions on foreign takeovers of privatized companies. We may also review the harmonization rules governing securities trading, notably the rules on regular reporting to shareholders, disclosure of major shareholders, and insider trading, noting their impact on corporate governance.

European Union Intellectual Property Law
Credits: 3 Type: LEC
Paper required. Satisfies the writing requirement. This course explores IP case law from the European Court of Justice and the enacted and proposed EU directives and regulations which harmonize Member State laws of copyrights, trademarks, patents and industrial designs. In addition, international treaties and organizations, including the WIPO, which affect these laws, are examined. Prerequisite: any intellectual property law course here or in another school, or permission of instructor.

Does this course satisfy the writing requirement? Yes

European Union Law
Credits: 3 Type: LEC
 This course is devoted to the institutional and constitutional structure of the European Union, before and after the 2009 Treaty of Lisbon, and to important substantive legal rules of the Union.  Initially, the powers and functions of the Commission, Council, European Council, Court of Justice and the Parliament will be described.  Next, we will describe and analyze key Court doctrines, notably the primacy of Union law, the ‘direct legal effect’ of certain Treaty provisions, and the protection of basic rights, with particular attention to the Charter of Fundamental Rights.  We will then examine crucial substantive legal rules, including the free movement of goods, workers and services; the harmonization of national laws to achieve the common or internal market; and the principles of legislative interpretation and preemption.  Topics for final classes will be selected among those of citizenship of the Union, lawyers’ practice rights, intellectual property rights, and the Economic and Monetary Union.  Comparisons to US constitutional principles will frequently be made.  Two or three EU judges or senior officials will provide guest lectures.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

LL.M. Notes: Core course for LL.M. International Business & Trade Law Program

Evidence
Credits: 4 Type: LEC
A study of the rules governing the admissibility of evidence including problems of relevancy, remoteness, and undue prejudice; the hearsay rule and its exceptions; the offer of evidence and objection; examination of witnesses; competency and privilege of witnesses; expert opinion evidence; judicial notice; burden of proof; and presumptions.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

When is this course offered? Fall and Spring semesters

Family Advocacy Clinic
Credits: 5 (2 seminar, 3 casework) Type: CLN

Pre- or Co-requisites:  Fundamental Lawyering Skills

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Family Law
Credits: 3 Type: LEC
This three credit course will cover materials traditionally covered in Domestic Relations I and II. Approximately one-half of the semester will be devoted to marriage, non-traditional intimate partnerships, divorce or dissolution, and the division of property on dissolution, as well as prenuptial, postnuptial and separation agreements. The other half of the semester will explore issues involving parents, children and the State, including paternity proceedings, assisted conception and the new reproductive technologies, child support, child custody and visitation, child abuse and neglect, and adoption.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Additional information: Students who have taken either Domestic Relations I or Domestic Relations II should not register for this course.

Family Law Drafting
Credits: 3 Type: SEM
This course provides students with a firm grounding in understanding and drafting documents most often encountered in matrimonial practice. To facilitate the students’ understanding of the use of particular provisions, there is significant classroom discussion of substantive matrimonial and tax law. The principal focus of the course is on drafting portions of separation agreements including provisions on custody and visitation, child and spousal support, and equitable distribution. Students also prepare prenuptial agreements.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? Yes

Fashion Ethics, Sustainability, and Development
Credits: 2-3 Type: SEM
Ethics is a rapidly growing concern for fashion companies and their attorneys today. Topics covered in this seminar include ethical sourcing, design and manufacturing; supply chain monitoring; blood diamonds and conflict minerals; corporate reporting requirements; eco-chic or "green" fashion and environmental impact; the Federal Trade Commission’s Green Guides; fair trade; cruelty-free fashion; religious fashion; fashion-related nonprofits; corporate social responsibility and charitable co-branding; and fashion's role in international development, including ethical issues raised by clothing donations to the poor and to developing countries. Students may apply for an optional one-credit fieldwork placement at a fashion company, nonprofit organization, or law firm.  Final paper required.

Fashion Institute Practicum
Credits: 3 Type: SEM
This advanced seminar, which consists of both a classroom component and a fieldwork placement, will develop students' skills in the practice of fashion law. Students will complete a series of drafting assignments of increasing complexity, such as a cease-and-desist letter, a licensing agreement, a retail lease, an agreement for architectural or interior design services, a manufacturing agreement, an employment agreement, a consignment agreement, a trademark licensing arrangement for internet use, articles of organization and an operating agreement for a limited liability company, a private placement memorandum, a model release form, sweepstakes rules, website terms of use and a privacy policy and a complaint, each related to an aspect of fashion law. In addition, each student will be assigned to fieldwork placement at a fashion house, nonprofit organization, or law firm with a substantial practice in the field of fashion law."

Fashion Law
Credits: 2 Type: SEM
This seminar explores the legal substance of style, with emphasis on current issues involving clothing and the global fashion industry. Topics will include the application of intellectual property law to fashion design; counterfeiting and alleged links to organized crime and terrorism; licensing agreements; import/export regulations and quotas; fashion financing; garment district zoning and urban planning; manufacturing and sustainability; consumer protection; sumptuary laws; and civil rights issues related to apparel.

Does this course satisfy the writing requirement? Yes

Fashion Law and Finance
Credits: 2 Type: SEM
Product design, manufacture, distribution, and sales within the fashion industry are engaged in on a global level.  In order to fully and effectively manage a fashion company, it is necessary to implement a multinational strategy and to take advantage of the growing market.  This course intends to introduce many of the aspects of finance and taxation that both affect and influence the fashion industry.  The course will offer an introduction to subjects including corporations, federal taxation and international law all while exploring their unique effects on the fashion industry.  During the course of the semester, outside speakers may be brought in to relate their experiences in the industry and elaborate on topics we discuss in class.  Students do not need a background in finance or taxation as a prerequisite to taking this course and are encouraged to enroll so as to expand their knowledge of the fashion industry.

We will begin by creating a hypothetical case study of a small fashion company which wants to expand.  Initially it will need financing to get off the ground. Many years later it will be a global conglomerate. The course will walk through the evolutionary stages of a global fashion house.  Class attendance and preparation. Active class  participation is strongly encouraged.  Readings will be assigned weekly and you are expected to bring the assigned course materials to class. Your grade in this course will be predominantly evaluated based on a double spaced paper (25 pages) to be submitted at the end of the semester on a topic or combination of topics to be selected by you (after discussion).  Class participation is also important. 


Fashion Licensing
Credits: 2 Type: SEM
Every major fashion brand today is developing and securing its intellectual property – copyrights, trademarks, and patents.  In this course, we will review the law and business of fashion licensing, the anatomy of a license agreement, and current trends in the industry in the US and worldwide.  Cases regarding copyright and trademark infringement and counterfeiting will be discussed and reviewed.  Monthly writing assignments with 1 final paper/presentation.

Fashion Modeling Law
Credits: 2
The seminar will provide a comprehensive overview of the legal, business and societal issues faced by fashion models and their agencies. Topics will include the structural, legal and regulatory constraints within which the industry functions; formation and dissolution of business relationships among fashion models, agencies and clients; intellectual property rights, use and and misuse, and litigation as a remedy; the effect of digital media and social networking on the fashion modeling business; immigration and finance concerns; and the signficant social and cultural issues relevant to the industry. An in-class final exam is required.

Federal Courts
Credits: 3 Type: LEC
A study of selected problems arising in connection with the limited subject matter jurisdiction of the federal courts; for example, case or controversy requirements, separation of powers problems, congressional controls over federal courts, federal questions, federal common law and implied rights of action, appellate review powers, federal remedies against officials and municipalities, sovereign immunity, and relationships between federal and state courts.

Pre-requisites: Constitutional Law and Civil Procedure.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 35

Does this course have a waitlist? No

Federal Criminal Law
Credits: 3 Type: LEC
This course will provide an introduction to Federal Criminal Law, both as a body of statutory law and as an enforcement system. Although much of the focus will be on the degree to which statutes and their underlying legislative history reflect Congress's reliance on, and embrace of, prosecutorial discretion, we will also explore the institutional constraints on the exercise of that discretion. Among the areas explored will be the mail fraud and racketeering statutes, judicial interpretations of these provisions, and the relationship between Main Justice and U.S. Attorneys Offices, and between prosecutors and investigative agencies.

Does this course satisfy the writing requirement? Yes

Federal Litigation Clinic
Credits: 5 (2 seminar, 3 casework) Type: CLN

Pre-requisites: Fundamental Lawyering Skills

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Additional information: Strongly recommended courses - Evidence, Trial Advocacy, and Professional Responsibility

Federal Regulation of Investment Companies
Credits: 2 Type: LEC
The public and private investment company industry is a multi-trillion-dollar business, which is regulated by the Investment Company Act of 1940, the Investment Advisers Act of 1940 and various state laws. This course covers in detail both the Investment Company Act of 1940, which governs open-end and closed-end investment companies, as well as unit investment trusts and exchange traded funds, which are the fastest growing type of investment companies in the U.S. and abroad, as well as the Investment Advisers Act of 1940, which regulates investment advisers to both public and private investment companies, including hedge funds, private equity, venture capital and real estate funds, as well as structured finance vehicles and the exemptions available for investment company. Particular emphasis is paid to the definition of investment companies and the consequences of failure to register, the organizational aspects, investment objectives, marketing practices, and disclosure by investment companies and their advisers. This course also covers issues relating to the independence of investment company directors, governance rights of fund shareholders, the reasonableness of investment advisor fees and expenses and insider trading and other activities by investment management. In addition the course will cover how the investment advisory business is affected by the Dodd Frank Wall Street Reform and Consumer protection Act of 2010.

Feerick Center Social Justice Clinic
Credits: 5 (Seminar 2 & Fieldwork 3) Type: CLN
Feminist Legal Theory
Credits: 2 Type: SEM
This course will examine feminist jurisprudence or legal theory as a means of understanding and critiquing our legal system and its norms. The course will consider the application of feminist theory to traditional categories of law, including tort, contract, and constitutional law generally, as well as issues that more clearly implicate gender difference, including reproductive freedom, pornography, rape, sexual harassment, and the like. The course will also examine ongoing debates within feminist theory, including the acceptance or rejection of the feminine as a source of alternative ideals and the problem of accounting for diversity among women.

Financial Crisis Seminar
Credits: 2 Type: SEM
This seminar will examine the global financial crisis of 2008 and consider these key questions: How did the crisis arise and unfold? What lessons should we draw from it? How should we reform financial institution regulation? What reforms have Congress and U.S. financial regulators adopted? More broadly, how can we best avoid future financial debacles? To what extent can and should we rely on regulation? On market discipline?

During the first part of the course, students will read and discuss a carefully selected set of sources that shed light on these questions. The sources will cover such topics as: the U.S. real estate bubble and its roots in lax monetary policy and a global capital glut; unsound lending, particularly to subprime borrowers; poorly understood financial innovation (e.g., credit default swaps); unreliable credit ratings and their role in encouraging investors worldwide to buy U.S. subprime mortgage-backed securities; the growth of shadow banking; deficient financial regulation; and recent and proposed reforms. Each student will begin writing a paper on a topic worked out with the professor.

In the second part of the course, students will circulate and present to the class preliminary versions of their papers; comment on other students’ papers; and submit final versions of their own papers.


Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Financial Institutions I
Credits: 3 Type: LEC
This course focuses on federal regulation of banking, particularly regulation aimed at keeping banks financially sound. It examines the evolution of U.S. banking; banks’ financial structure and special vulnerabilities; the process for forming or acquiring a bank; the businesses in which banks can and cannot engage; safety and soundness safeguards (e.g., net worth requirements); affiliations between banks and securities, insurance, and other firms; regulators’ authority to examine banks and take enforcement action against unsound practices; bank failure; deposit insurance; and systemic risk.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 50

Does this course have a waitlist? No

When is this course offered? Fall semester only

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

LL.M. Notes: Core Course for Banking, Corporate and Finance Law

Financial Institutions II
Credits: 3 Type: LEC
This course examines nonbank financial institutions and the regulatory framework in which they operate. The course gives particular attention to insurance companies and SEC-registered investment companies (e.g., mutual funds). It also examines hedge funds, private equity funds, investment advisers, securities broker-dealers, commercial finance companies, and the process of securitization.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 50

Does this course have a waitlist? No

When is this course offered? Spring semester only

Financial Services Regulation
Credits: 3 Type: SEM
This course (taught in real time) is held in seminar form where participation by students is encouraged and expected, and should be of particular interest in view of the frenzy of activity in the recent array of Federal legislative and regulatory initiatives and market developments that are taking place in the Financial Services Industry (“FSI”) which has not been seen since the New Deal years in the 1930s.  Throughout the summer and early fall of 2008, each week saw the demise and/or consolidation of one or more significant players in the banking, securities and insurance industries as Wall Street (as we knew it) died; the process continues.  All of these important events will be discussed in detail from both a legal and financial perspective, including The Emergency Economic Stabilization Act of 2008 (“EESA”), Treasury’s Troubled Asset Relief Program (“TARP”) and the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) which became law on July 21, 2010.  In addition, the class will discuss the new regulatory and related initiatives developed in Congress and the many new rules, regulations and studies required by Dodd-Frank.  At the conclusion of this course, each student should have a clear understanding of what and why events occurred (which should be valuable in the employment interview process).

The FSI includes the banking, securities, insurance and related industries.  Regulation of the FSI was significantly changed on November 4, 1999 with the enactment of the Gramm-Leach-Bliley Financial Services Modernization Act (“GLB”) and the extensive rules and regulations issued thereunder, which modernized our FSI and abolished most of the outdated restrictions which existed.  We initially will discuss a number of these developments, particularly as they relate to the recent and current changes in the regulation of the FSI since the early summer of 2008.  These will include: the pre 2009 Federal regulatory structure, including Treasury’s March 2008 proposed “Blueprint” for regulatory change; the roles of Treasury, the Federal Reserve Board, the Federal Deposit Insurance Corporation and other regulators; government sponsored enterprises and their involvement in the creation of the “toxic” mortgages that played a role in the development of our current financial crisis; the main “players” in the FSI and their regulators; the various mergers, acquisitions and other combinations that occurred; the various legislative and regulatory initiatives to restructure our FSI regulatory system culminating in the negotiation and passage of Dodd-Frank; the current regulatory agendas to strengthen our Federal regulatory system, including the increased emphasis on capital, liquidity and risk, and reaching the ultimate goal that no financial entity is “Too Big To Fail”; and other related areas and issues.

There is no required prerequisite for this course, although some familiarity with our FSI would be helpful.  While there is a take home final examination, a paper (which may be used to satisfy the writing requirement) option will be available.


Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

First Amendment, The
Credits: 4 Type: LEC
This course covers many of the core issues of free speech, free press, freedom of religion, and the establishment clause. We will discuss Supreme Court cases, and surrounding commentary, on: political advocacy of unlawful action; fighting words; hate speech; libel; revelation of private facts; obscenity; pornography; commercial speech; prior restraints; content-based vs. content-neutral restrictions; the public forum doctrine; government speech, including government as educator; reporter’s privilege; government as employer; the right not to speak and freedom of association; access to the mass media; broadcasting and content regulation; religious arguments in the lawmaking process; religious symbols in governmental space; prayer in public school; public funding of religious schools; and exemptions and accommodations for the practice of religion.

Pre-requisites: Constitutional Law

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 120

Does this course have a waitlist? No

Food and Drug Law
Credits: 2 Type: SEM
Encompasses the judicial, regulatory, and public policy issues which affect the FDA's efforts to enforce its congressional mandate. Major topics covered include adulteration and misbranding of food and drugs; food and color additives, such as saccharin and nitrites; prescription drugs approval for marketing, labeling, and advertising; OTC drugs; generic drugs; and FDA enforcement.

Foreign Relations Law
Credits: 2 to 3
This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the power to declare and conduct war, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre‑emption of state foreign relations activities, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, including issues arising from the post‑September 11 war on terrorism and the war in Iraq.

Additional information: Lecture or Seminar

Fraud, Insider Trading and Securities Law Issues
Credits: 2 Type: SEM
This course will examine in depth securities fraud and other current significant issues in the securities laws including insider trading, stock manipulation, accounting fraud, mutual fund regulation, duties of accountants, broker-dealer conflicts of interest, regulation by the exchanges, SEC investigations and enforcement, and criminal prosecutions. Particular attention will be focused on advocacy strategies when practicing before the SEC or a Self-Regulatory Organization.

Fundamental Lawyering Skills
Credits: 3
In the Fundamental Lawyering Skills course, students learn fact analysis, interviewing, counseling, negotiation, case theory and planning. Teaching methodologies include lecture, demonstrations, student role plays and critiques. Students are required to submit written materials in connection with the role plays. This course and Trial Advocacy provide students with a basic understanding of lawyering skills. Fundamental Lawyering Skills is a pre-requisite or co-requisite for all of the live client clinics.

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Fundamental Principles of New York Law
Credits: 2 Type: LEC
This course, created specifically for LL.M. students, introduces some of the most heavily-tested subjects on the New York Bar Examination.  This class focuses on substantive, fundamental principles from the perspective of the New York State Bar Examination in: Contract Law, Criminal Law, Evidence, Real Property, Torts, and New York Practice.  Students will also have an opportunity to learn and practice how to write an essay for the Bar Examination.  This course is designed to give LL.M. students an opportunity to begin learning principles for the Bar Examination as part of their academic curriculum.  Coordinated by LLM BAR EXAM, various specialized lecturers will teach the subject matters during the course.  The final grade is determined by a combination of grades on midterm and final examinations, assignments, attendance, and preparation for class.

This class is only open to LL.M. students and available in the fall semester only.


Fundamentals of New York Law
Credits: 2 Type: LEC
This course focuses on basic subjects that appear on the New York Bar exam. It is intended for graduating students who wish to get a head start in studying for the Bar exam. This is a regular, graded, two credit class. The class is not a substitute for a full bar review course. A limited number of seats are available. Periodic one-hour exams are scheduled to test the students' knowledge through practical application. If you have any further questions about this course, please contact Cynthia Juco, Student Affairs at CJUCO@law.fordham.edu or call 212-636-7696.

Gender, Sexuality and Human Rights
Credits: 2 Type: SEM
This seminar explores the intersection of gender and sexuality with the international human rights regime. Women's rights, lesbian, gay, bisexual, transgender and queer (LGBTQ) rights, and the rights of people living with HIV/AIDS (PLWHA) are among the most contested issues in both international and domestic arenas?this class will discuss debates surrounding (1) the inclusion of gender and sexuality rights within the human rights framework; (2) cultural relativism and imperialism in human rights; and (3) state regulation of gender and sexuality. The course will also explore the legal frameworks that affect the lives of women, LGBTQ individuals and PLWHA, looking substantively at human rights advocacy and legal reform around various issues, including (1) the criminalization of same-sex sexual activity; (2) the regulation of sex work; (3) the regulation of reproduction and reproductive health; (4) gender violence; and (5) HIV/AIDS.

Global Capital Market
Credits: 3 Type: SEM
"This seminar on Global Capital Markets will introduce students to cross-border capital formation and investment, emphasizing the interdependence of legal and economic issues in the area of international finance. The course will examine different methods of investing internationally, including hedge funds and private equity funds as well as securitization and project finance, taking into account the business risks and legal and regulatory issues underlying each. Region-specific considerations, relating to, for example, Asia and the Middle East, will be examined, and guest speakers working in international finance will be frequent visitors to ground the class in practical applications and strategy. (joint law school and business school seminar)

Global Capital Markets & Governance
Credits: 2 Type: SEM
This class provides an overview of trends in global finance, and corporate governance. Specific focus is on capital markets developments in Anglo-Saxon systems of governance, e.g., the U.S., Asian systems, e.g. Keiretsus and Chaebols, State Capitalism systems of governance, e.g., China and Russia, Universal Banking systems, e.g. Continental Europe and Family Dominated System such as those found in parts of the Middle East and South America. Trends in capital raising, including Rule 144A offering IPOs.  International regulatory requirements; initiatives; issues such as IPO, Private Equity, Venture Capital, and merger and acquisition activity in BRIC and other emerging economies;  the "Rise of the East;" internationalization of the renminbi, and the emergence of sovereign wealth funds, including adoption of the International Monetary Fund’s Santiago Principles, are discussed.
 

Global Corporate Compliance | Fieldwork
Credits: 4 (3 credits plus 1 credit fieldwork)
This course will explain risk assessment and the seven steps for an "effective" corporate compliance program.  Students will have an opportunity to design a compliance program and learn the fundamentsls of rolling out a program for a global corporation and updating and refocusing a current program.  Students with examine various areas of law, regulation  and policy as well as various industries to adapt the compliance protocals to for the global corporation.

Global Corporate Counseling
Credits: 2
The nature and substantive aspects of the practice of law in the global corporation including the unique role of in-house counsel; the ethical considerations and professional responsibilities in civil and common law countries; the multifaceted functions and responsibilities of in-house counsel such as fostering the corporate conscience, crisis management, corporate compliance, conducting internal investigations, litigation management and implementing corporate governance procedures. The course will also cover interfacing with global business operations, dealing with the government and partnering with outside counsel. This course will feature the participation of leading corporate executives and outside practioners.
 

Global Corporate Lawyering
Credits: 2
Global Corporate Lawyering will discuss the advisory role of the general counsel's office on a global stage.  This will include discussing an overview of the areas of crisis management, corporate compliance and litigation management as well as the attorney client privilege including the international attorney client privilege and the difference between civil and common law jurisdictions for in house counsel.  Also we will discuss the centralized vs. decentralized and specailist vs. generalist law department, ethics and global issue spotting in Antitrust/Competition, Anti-Corruption (FCPA, UK Anti-bribery Act and OECD Anti-bribery Act), Environmental, Insider Trading and Securities, Intellectual Property, eDiscovery, Corporate Governance and Employment Law. The course will be skills oriented.

Global Finance
Credits: 3 Type: SEM
This seminar on Global Capital Markets will introduce students to cross-border capital formation and investment, emphasizing the interdependence of legal and economic issues in the area of international finance.  The course will examine different methods of investing internationally, including hedge funds and private equity funds as well as securitization and project finance, taking into account the business risks and legal and regulatory issues underlying each.  Region-specific considerations, relating to, for example, Asia and the Middle East, will be examined, and guest speakers working in international finance will be frequent visitors to ground the class in practical applications and strategy.  (joint law school and business school seminar)

OTHER:  The seminar will have a limited enrollment of 25, split between law students and graduate business school students.  Enrollment by permission only.  Students must Email the professors (sgriffith@law.fordham.edu and finnerty@fordham.edu) and provide a statement of interest and CV, no later than noon, October 24th to the instructors for admission.

This course may be used to satisfy the writing requirement. Substantial research and writing will be required.


Globalization of American Corporations: Tax and Regulatory Policies
Credits: 2 Type: SEM
This course will review the legal issues faced by US multinational corporations as they expand their operations outside the United States. Topics covered will include - the tax impact of their international businesses; US and foreign regulatory concerns, such as anti-trust, employment, intellectual property, as well as the global response to such expansion in the form trade laws, local taxes and popular opposition to expansion. We will also review financial issues, such as structuring mergers and acquisitions, international debt and equity offerings and legal governance.

Does this course satisfy the writing requirement? Yes

Guantanamo: The First Ten Years
Credits: 2 Type: SEM
The course will examine the history of Guantanamo from its inception to the current day with an eye towards understanding both the political and legal significance of the detention facility. We will look at detention policies, interrogation practices, the habeas cases, and the military commissions during the Bush and Obama administrations.  This course will give students a survey of the Supreme Court decisions, Congressional legislation, executive orders and habeas decisions relevant to the policies of Gitmo. We will look at individual court cases, at the role of diplomacy, the factionalism of Washington politics, and the various executive decisions aimed at reforming or closing the camp, as well as at the changing international scene in an effort to provide context for understanding the role Guantanamo has played historically, legally and politically.  The class will follow the ongoing military commissions and will discuss the policy challenges that lie ahead in the post-Guantanamo era.


Gun Control Law
Credits: 2 Type: SEM
The course will examine the constitutional, political and sociological debate over gun rights, incorporating perspectives of race, gender, class, and regional culture.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 25

Does this course have a waitlist? No

Harmonization of Private International Law
Credits: 2 Type: SEM
Private international law is a very important field indispensable to a legal practitioner dealing with cross-border legal matters. This course will examine international agreements and EU Regulations relating to the law applicable to an international legal issue, international jurisdiction and gathering of evidence abroad. It will focus mainly on private international law relating to contracts, company law, torts and some family law matters such as cross-border adoptions. The course analyzes case-law from different countries to understand how courts apply international agreements to determine the law applicable to a cross-border transaction and will also examine the possibility of recognizing and enforcing a foreign judgment or arbitral award.

Health Law
Credits: 2 Type: SEM
Introduction to Health Law provides a foundation for legal practice in the fields of Individual Health Care Law and Public Health Law in the United States.  In so doing, it explores the relationship between law and policy, and examines the legal issues that often arise in the state's attempts to regulate personal behavior and the provision of medical care.

The course is divided into two sections, the first surveys important legal issues in Individual Health Law focusing on such issues as: access to health care, public and private health insurance coverage, confidentiality, informed consent, liability of healthcare institutions and health care providers, and the organization of health care delivery.

The Public Health Law portion of the course examines the central tension between the state's regulatory powers and individual rights in the context of protecting the public's health.  It covers such subject areas as: federal, state and local public health powers; the circumstances under which the state can limit the freedoms of individuals in order to protect citizens from the consequences of their personal lifestyle choices; compulsory screening; immunization; quarantine and civil commitment; criminal punishment; and mandated treatment.  Legal issues surrounding public health responses to threats of bioterrorism will also be considered.


Does this course satisfy the writing requirement? Yes

Healthcare Law Advances
Credits: 2 Type: SEM

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Healthcare Policy and The Law
Credits: 2 Type: LEC
"The Patient Protection and Affordable Care Act signed into law in 2010 is set to transform health care in America and continues to foster intense debate. What are the social, fiscal, legal and political implications of PPACA and other health care initiatives? This course will take a comprehensive look at health care policy in this country, examining whether health care is a right, how differing views on this issue impact policy, the evolution of the health insurance system, the common problems associated with health insurance, PPACA?s sweeping changes to the system and whether the law will survive constitutional scrutiny. Students will review ERISA, COBRA, HIPAA, WHCRA, GINA and sections of PPACA. The course will include several guest speakers."

Healthcare Regulations
Credits: 2 Type: LEC
This course reviews the evolution of Health Care as a profession into Health Care as an industry, and critically examines the conflicts between the two. Emphasis is placed on understanding the regulatory influences on both e.g. legislative regulation, market force influences and consumer-driven initiatives. The course objectives are achieved through a combination of didactic lectures and focused discussion of case decisions, both classical and contemporary. The course grade is achieved by submitting a paper at the end of the semester in form and length consistent with the school writing requirement.

History of Commerce and Law
Credits: 2 Type: SEM
This condensed seminar (14 classes in seven weeks) examines trade and legal  institutions in nine societies: Hunter/gatherers, Mesopotamia, Ancient Egypt, Classical Athens, Rome, Early Islamic World, Medieval Europe, Medieval Southern India and Qing China. The seminar is open to J.D. and LL.M candidates. There are no prerequisites. There will be a paper rather than an examination. Participation will be limited.
The seminar examines how pre-industrial societies developed (or failed to develop) rules and institutions to meet these objectives and also is intended to add historical perspective to several contemporary debates. The societies were selected for their inherent historical interest, their geographic and temporal diversity, and their illustration of recurring issues.  As men and women adapted to changing physical conditions, they also adapted to changing economic circumstances by developing legal and informal rules and institutions to support trade and commerce. These rules and institutions had four principal objectives: secure persons and property --- eg fictional kin relationships, treaty guarantees and  medieval Indian merchant private armies; avoid and resolve commercial disputes --- eg community-based legal systems (Islam and Hindu) compared with universal systems (Rome and Qing China) and merchant demand for speedy and impartial resolution of disputes; raise capital and share risk --- eg historical antecedents of modern corporation like the Assyrian naruqqum and medieval Italian compagnia; address agency concerns and protect consumers  in retail markets--- eg Islamic hisba  and Roman aediles

History, Originalism, and the Founders Constitution
Credits: 2 Type: SEM
The theory of originalism has gained strength in recent years. Indeed, originalism now has adherents across the contemporary political spectrum, including scholars on the right as well as the left. There is really only one group of scholars largely immune to the lure of originalism: historians.  At first glance, this fact might seem strange. Historians devote their lives to understanding the past, so one would surmise that they, above all others, would be drawn to the theory of originalism. In practice most historians find originalist method deeply flawed. The course will explore the methodological questions raised by originalism and compare originalist method with orthodox historical practice. We will examine the application of originalism to a variety of hot topics in law, issues such as foreign affairs, the First, the second, the Tenth and the Fourteenth Amendment. In addition to sampling originalist scholarship on these topics we will look at how historians have viewed the same issues. The class will examine the relative merits and problems with each type of approach. Each student will write a research paper exploring these  methodological issues within the context of a specific problem in American constitutional law or history.
 

Housing Discrimination: History, Demographics, Law and Remedies
Credits: 3 Type: SEM
Discrimination in housing is the most pervasive and least litigated form of discrimination in the United States. It has deep historical roots, continues to spark intense inter-group conflict, severely restricts the ability of many to choose a place to live, and underlies problems as varied as educational, employment, and voting rights inequities. This course is intended to offer the opportunity to examine the background and current status of the problem, and to provide the tools by which practitioners can litigate housing discrimination claims effectively. No prior knowledge of the field is presumed.

Does this course satisfy the writing requirement? Yes

Housing Rights Clinic
Credits: 5 (Seminar 2 & Fieldwork 3) Type: CLN
Housing/Financial Crisis
Credits: 2 Type: SEM
This course will examine the legal issues surrounding the recent housing/financial crisis. The first half of the course will provide an overview of explanations for the crisis from multiple perspectives, with a focus on the housing and mortgage elements of the crisis. The second half of the course will involve an examination of the legal responses to the crisis, including private lawsuits, defenses to foreclosure, the attorney general settlement efforts, and the federal criminal investigations. Each student will be responsible for a final paper in which they explore the (legal) merits of a private litigation strategy. There will be no final exam. We will make at least one field trip to watch foreclosures in action, and have guest lecturers.

Human Rights
Credits: 3 Type: LEC
This course provides an introduction to the theory and practice of international human rights law, as well as a critical perspective on the role it has played in recent decades in discourse on international law. Topics include the debate over the definition of human rights (and whether rights are universal or culturally relative), the basic legal mechanisms for enforcing human rights, and the practical political realities of promoting human rights. The course will also develop critical perspectives on the relationship between human rights ideology and enlightenment values and on whether human rights is a function of international media or international law. Course requirements are two class meetings a week, participation in class discussion, and a final exam.

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Human Rights and The International Criminal Court
Credits: 3 Type: SEM
The objective of the seminar will be to explore the theoretical and practical significance of the prosecution of war criminals for the enforcement of international humanitarian law.  A historical survey of international humanitarian law and the prosecution to war criminals will be considered, with emphasis on post World War II development including the International Military Tribunals (Nuremberg and Tokyo Tribunals) and the two ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. The substantive jurisdiction and procedural law of the ad hoc criminal tribunals will be discussed, highlighting theoretical and practical problems associated with the international prosecution of war criminals. The course will conclude with a consideration of the problems associated with the establishment and working of the International Criminal Court.

Human Rights in Latin America
Credits: 2 Type: SEM
Human Rights Law in Perspectives
Credits: 2 Type: SEM
The aim of this course is to provide an understanding of human rights law in its contextual, international and comparative setting, and therefore assist in placing this area of law, policy and practice in critical perspective. There is now an impressive body of human rights law in existence. The development of the international law of human rights since 1945 has been described as ‘revolutionary’ in its implications. The adoption of the Universal Declaration of Human Rights in 1948 paved the way for the evolution of international law, and a period of sustained international standard-setting through the United Nations. Since then the international law of human rights has expanded to include a significant range of international norms and institutions. The legal framework is extensive. This international work has been underpinned by progress at the regional levels, with sophisticated rights regimes emerging in, for example, the European, Inter-American and African contexts. The human rights regime established in Europe, through the Council of Europe, has resulted in a considerable jurisprudence of human rights from the European Court of Human Rights. This is also supported further by national level human rights protections, and constitutional trends that enhance rights and civil liberties domestically. Constitutions around the world now provide for human rights protections, and in many states these are reinforced by enhanced institution protection, through, for example, national human rights commissions. There is now a world of human rights standard, institutions and international, regional and national actors. Understanding this global and local context and discussing the future of human rights will be the ambition of this course.

Human Rights of the Child
Credits: 2 Type: SEM
The 1989 UN Convention on the Rights of the Child has had an enormous impact on States, institutions, national legislation and practice. Increasingly, administrative, judicial and political decisions are being taken as a direct or indirect consequence of the implementation of the Convention. It is against this background that this course aims to provide students with an overview of the international legal framework for the promotion and protection of children’s rights today. In this course, we shall interrogate both the theory and practice of children’s rights, starting with the question of whether children really should be treated as rights-holders and whether this approach is more effective than the alternatives. We will then examine the framework of rights reflected in the CRC through an exploration of its key legal concepts and themes. A discussion of implementation initiatives will be framed by a cultural critique of the CRC and its African cousin, the African Charter on the Rights and Welfare of the Child.

Class Schedule
The schedule for is as follows:

Thursday, March 22
Monday, March 26
Wednesday, March 28
Thursday, March 29
Monday April 2
Wednesday, April 4
Wednesday April 11
Thursday, April 12
Monday, April 16
Wednesday, April 18
Thursday, April 19
Monday, April 23
Wednesday, April 25
Thursday, April 27

Each Monday, we will meet from 9:30-11:50 and every Wednesday & Thursday from 9:00-10:20. The class will be held in a seminar room, 215 for each of these days. 


Human Rights Seminar
Credits: 3 Type: SEM
This seminar will allow each student to devise their own human rights project or course of study which might include independent research and writing projects or internships at local human rights organizations. These might also include group projects that could have a regional or substantive focus. Seminar content will reflect the projects of the students.

Human Rights, Holocaust and The Law
Credits: 3 Type: LEC
This course will examine issues relating to the assault on human rights in the modern world, focusing primarily on genocidal practices by nations in the 20th century. The course will include the debate over the definition of human rights, the legal mechanisms for enforcing human rights, and the law of war and the Geneva Conventions. If law is designed to bring order to an otherwise chaotic world, then acts of genocide must represent the ultimate breakdown of those laws, and provide the evidence of just how fragile our claims to civilization actually are. The course will focus on some of the philosophical, political, psychological and legal explanations that have been offered to explain the existence of human rights violations and genocides. The course will also look at the psychological impact that such human rights atrocities have had on victims and survivors. In dealing with some of these issues, the course will focus on the Holocaust and the role that an elaborate and articulated system of German laws played in the de-emancipation and murder of German citizens and foreign nationals. The asserted uniqueness of the Holocaust will be examined in its relationship to prior and subsequent human rights abuses in this century.

Does this course satisfy the writing requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Immigrants' Rights and Access to Justice Clinic
Credits: 5 (Seminar 2 & Casework 3) Type: CLN
Immigration Law
Credits: 4 Type: LEC
The course encompasses the study of the Immigration and Nationality Act and the federal agencies that administer and enforce U.S. immigration laws. Subjects include contemporary significance and policy, legislative history, non-immigrant visas, selection system and admission requirements for lawful permanent residence, processing of relative and employer petitions, political asylum and refugee admission, visa processing at U.S. consulates abroad, exclusion and deportation, and citizenship and naturalization. 

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Income Taxation
Credits: 4 Type: LEC
A study of the income taxation of individuals, estates, trusts, and partnerships covering such items as gross income, permissible exemptions and deductions, accounting problems and capital gains and losses.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Information Privacy Law
Credits: 2 Type: LEC
This course will explore the domestic and international development of data privacy law. The course will focus on issues of privacy, security and the emerging regulations that establish fair information practices for the Internet and global electronic commerce. Particular attention will be given to technologies that can invade as well as protect personal information and the relationship between those technologies and data protection law.

Insurance Law and Litigation
Credits: 2 Type: SEM
Every lawyer, in private practice, in the business sector, or in government, is likely to be confronted with insurance issues. This course is intended to provide a broad based introduction to insurance law. It will cover the nature and purpose of insurance, from the legal and economic prospective; different types of insurance, including first & third party insurance, personal and commercial insurance and reinsurance; state & federal regulation of insurer's; issues of insurance coverage and interpretation; and duties and responsibilities of insurers and insureds. Emphasis will be placed on recent insurance cases which have resulted in sweeping changes. The events of 9/11, Katrina and the New York Attorney General's investigations have also raised numerous insurance issues which we will review. The course will be taught from a litigation vantage point since much of insurance law has been developed and continues to be developed in the courts.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Intellectual Property and Antitrust Law
Credits: 2 Type: LEC
This course is a seminar which fulfills the writing requirement. The basic subject matter of the course is the interplay, and developing modes of analysis to strike a proper balance, between principles of protecting intellectual property and rewarding authors or inventors on the one hand and, on the other, society's interest in free competition and wide dissemination of discoveries. After a brief overview of the patent system and basics of intellectual property law and theory, the course considers problems that may be encountered in the acquisition, enforcement and exploitation of intellectual property. These include fraud or inequitable conduct in obtaining patents, bringing infringement litigation without reasonable basis, settlement of intellectual property disputes, and acquisitions of intellectual property from third parties by one with a dominant or potentially dominant industry position. We examine the role of antitrust or competition law in sale and licensing transactions, including issues of parallel imports and misuse. Attention is also given to research and development joint ventures, cross-licensing and standard-setting issues, and the concept of "innovation markets." Although past experience suggests that there will probably be a number of people in the class with an interest in patent law, the course is not in any sense a technical one requiring either a scientific background or substantial patent or other intellectual property experience. The primary focus of the seminar is domestic, but some international concepts and developments will be discussed, particularly comparisons between US and EU law. This is also an area where change is afoot. In April of 1995 the Justice Department and the FTC promulgated well-publicized joint guidelines covering the antitrust treatment of intellectual property (which we will review as the semester proceeds) and have made news with major enforcement efforts and policy statements. Major issues have also been decided recently in European fora. The course will explore such recent developments and attempt to place them in context as they occur. There will also be discussion and exercises based on some hypothetical problems.

Intellectual Property and Innovation Colloquium
Credits: 2 Type: SEM
"The Intellectual Property and Innovation Colloquium is structured around a series of workshop presentations by nationally prominent scholars in the intellectual property field. The Colloquium will cover a wide range of subject areas, including copyright, patent, trademark, and trade secrecy. Every week, a different scholar will present their work to the colloquium, with students submitting brief response papers in advance. As prerequisites, students should have already completed either (1) the Intellectual Property Law survey course, or (2) two intellectual property courses (such as Copyright Law, Patent Law, Trademark Law, or more advanced intellectual property courses)."

Pre-requisites: Either (1) the Intellectual Property Law survey course, or (2) two intellectual property courses (such as Copyright Law, Patent Law, Trademark Law, or more Advanced Intellectual property courses)

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Intellectual Property Drafting
Credits: 3 Type: SEM
This transactional drafting course covers license, work for hire, and other agreements involving copyrights, trademarks, rights of publicity, patents and related rights. The course is designed to give students an opportunity to apply drafting and analytic tools to practical, real-life situations. Through a series of out-of-class assignments and in-class drafting exercises of increasing complexity, students are introduced to the science and art of transactional drafting and contract interpretation. The course also studies a number of leading intellectual property cases demonstrating key drafting and interpretive principles. The drafting and reading assignments provide a practical context in which to examine some of the most interesting—and in many cases thorny—issues that arise when granting rights to intellectual property to another party. Students explore intellectual property-related issues that arise in a number of industries, which (depending on the professor) may include the entertainment, advertising, media, sports, publishing, technology and consumer products industries. Agreements featuring patent issues will be addressed, but will not be the main focus of this course.

Pre-requisites: Any course in trademark, copyright or patent law

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Intellectual Property Law
Credits: 4 Type: LEC
This course is designed as an introductory overview of the protection of intellectual property. The course will examine the policies underlying intellectual property law and will teach the basic principles of trade secrets, patent, copyright, and trademark law. Particular emphasis will be placed on the challenges of new technology to the legal regime for intellectual property.

When is this course offered? Fall and Spring semesters, Summer session

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Intellectual Property & Information Technology Law LL.M. Program? Yes

LL.M. Notes: Core course for LL.M. Intellectual Property & Information Technology Law Program

Additional information: This class is not open to students who have taken two of the following three courses: Copyright, Patent Law, and Trademark.

Intellectual Property Law and Design
Credits: 2 Type: SEM
What do a couture gown and a semiconductor chip have in common? Neither adapts easily to the traditional categories of the intellectual property law system.

IP assumes a fundamental division between expression and function, institutionalized in the separate forms of copyright and patent protection. Most of the created objects that we encounter in our daily lives, however - from the buildings in which we live to the clothes we wear to the icons on our computer screens - combine aesthetic, expressive, and functional elements.

This seminar explores the concept of design as it relates to intellectual property law, including the domestic and international doctrines and mechanisms that address the perceived gap between art and craft. In the process, we will examine the theoretical underpinnings of IP law itself, along with the ways in which creative industries ranging from fashion design to information technology to architecture (and many others) have responded to the challenges of the IP regime. 

Additional information: It is recommended that students have taken another intellectual property course (e.g. Intellectual Property, Copyright, Patent, Trademark, IP Theory, etc.) before enrolling in this seminar.

Intention and the Law
Credits: 2 Type: SEM
In this seminar we will explore the role of intention in the law. We will discuss the relevance of intention to culpability, responsibility and legal liability in different parts of the law.  Topics we will study from this angle include contracts, torts, criminal law, corporate law, employment law and constitutional law.  Students will present a short paper in an assigned week and submit a 25-30 page paper on an approved topic on the last day of class.

Intention in the Law
Credits: 2 Type: SEM
Inter-Group Conflict and the Law Course
Credits: 2 Type: SEM
This seminar will examine inter-group conflict in both its local and global manifestations across race, ethnic, religious and class differences. Because the legal response to inter-group conflict is often limited to increased policing and militarization, the course will explore what the possible alternatives are for law's role in addressing inter-group conflict. Students will be required to write a Final Paper of approximately 15 pages analyzing an inter-group conflict of their own choice from a local or global context. Students seeking Upper Class Writing Requirement certification are required to submit a research paper of 25 pages.

 


Does this course satisfy the writing requirement? Yes

International ADR Development, Systems Design & Problem-Solving: Ghana
Credits: 3 Type: SEM
This seminar, to be offered for the first time, is an exciting opportunity for students to learn about international ADR, the use of ADR in Africa and develop a practical training program on ADR to be offered in the summer of 2012 in Ghana, West Africa (students attending this course will have the opportunity to travel to Ghana in August 2012 to assist in the implementation of the training program and their expenses will be fully covered, subject to funding availability).

The course will be structured as follows:

1)     Overview of international ADR;

2)     ADR in Africa;

3)     ADR: design of training program on ADR for Ghana.

4)     Training Program in Ghana, West Africa in August 2012 (OPTIONAL).

 


International and Comparative Patent Law
Credits: 2 Type: LEC
The course aims to highlight the differences and similarities between different patent law systems using in particular the Euopean and Japanese systems as examples for comparison. In doing this reference is made to both issues of substantive patent law and practice in litigation and licensing of patent rights in these countries. The course also covers the various international treaties that are applicable to patent law and provides an overview of some of the features of patent law in countries other than the "big three" jurisdictions.

International and Domestic Conflict Resolution
Credits: 2 Type: SEM
Over the last twenty-five years, there has been an extraordinary growth of interest in alternatives to the court adjudication of disputes at both the domestic and international level. This course surveys the wide variety of process choices in domestic and international dispute resolution and examines the legal, policy, ethical, and jurisprudential issues associated with these processes. The primary focus of study will be on negotiation, mediation, and arbitration. The course will be taught through case law, descriptive readings, simulation exercises, and discussion.

When is this course offered? Belfast/Dublin Summer Program only

International and European Copyright Law
Credits: 2 Type: LEC
This course will primarily study the competition law and policy of the European Community, notably Articles 81, 82 and 86 of the Treaty. Specific topics will include: policy considerations and enforcement institutions; arrangements between competitors; mergers and joint ventures; vertical arrangements; dominant firm behavior; and state intervention in the market place. The last part of the course will focus on international antitrust issues. It will examine in particular how the proliferation of antitrust enforcement around the world can affect the activities of multinational corporations. Guest lecturers will periodically be invited during course.

International and Interethnic Conflict Resolution
Credits: 2 Type: SEM
This course considers the growing phenomena of interethnic and intractable conflict in the global community. Students will examine several dispute resolution processes for the resolution of interethnic conflict and consider the role of international organizations and institutions in conflict management.

Enrollment Cap: 20

International Arbitration
Credits: 2 Type: LEC
The course will review the law and practice of international commercial arbitration as one of the key approaches to international alternative dispute resolution. The readings will be selected recommended essays.

The essays and discussions will cover a brief history of international commercial arbitration, the appointment and role of the party-appointed arbitrator and the chairman, jurisdictional issues, the role of national court systems, the organization of an international arbitration, provisional relief and interim measures of protection, discovery and production of evidence, the conduct of hearings, the tribunal's deliberations and award, annulment and enforcement of awards, and the responsibilities of international arbitral institutions.

There will also be a lecture on arbitration of international investment disputes, including arbitration of cases at the Iran-U.S. Claims Tribunal, and of ICSID (International Center for the Settlement of Investment Disputes) and NAFTA cases.

The basic documents to be examined, including their application, are the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the United Nations Commission on International Trade Law ("UNCITRAL") Arbitration Rules, the UNCITRAL Model Law, the International Arbitration Rules of the International Centre for Dispute Resolution ("ICDR") of the American Arbitration Association, and the International Bar Association ("IBA") Rules on Taking Evidence in International Commercial Arbitrations.

When is this course offered? Fall and Spring semesters

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

International Arbitration
Credits: 2
The course will cover the law and practice of international commercial arbitration through participation in mock international arbitration workshops, assigned readings from the casebook and lectures. Workshop classes will structured around student role play and class participation in mock arbitration proceedings.  Students will be assigned to play the role of counsel to one of the parties or an arbitrator in the proceedings.  Depending on the number of students enrolled, each student will be assigned one or two workshops in which to play a presenting role.
 
The topics covered by the course will include a brief history of international commercial arbitration, the content and effect of the arbitration agreement, authority to arbitrate, arbitrator qualifications, independence and conduct, appointment and challenge of the arbitrators, the arbitral proceedings, choice of law, the content and enforcement of the award and challenges to the award.

International Arbitration Practicum
Credits: 2 Type: SEM
The course will cover all aspects of the international arbitration process, from the drafting of arbitration agreements, through problems of combining arbitration and other forms of ADR, strategy, tactics and advocacy for international arbitrations, selecting arbitrators, preparing pleadings, putting on a direct case, cross-examination, opening and closing briefs and arguments, and possible related court litigation, up to and including the challenging and enforcement of arbitration awards. The course will combine lectures and class discussion with practice arguments and witness examinations and exercises in written advocacy.

International Banking Law
Credits: 3 Type: LEC
This course examines the legal and regulatory framework governing foreign banks in the United States and U.S. banks abroad. The course has seven main parts. First, basics of banking, and why countries regulate banks. Second, international capital standards and other standards that banks must meet to operate outside their home countries. Third, the U.S. regulatory framework for U.S. banks operating abroad. Fourth, the U.S. regulatory framework for foreign banks operating in the United States. Fifth, international lending, including the problems banks face when foreign governments default on their debts. Sixth, international deposit-taking and letters of credit. Seventh, the conflicting demands posed by U.S. anti-money laundering laws and foreign bank secrecy laws.

International Business Transactions
Credits: 2 or 3 Type: LEC
The course will cover: sources of international Law, aspects of trade, trade finance, intellectual property, foreign investment and dispute resolution.

When is this course offered? Fall and Spring semesters

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

LL.M. Notes: Core course for LL.M. International Business & Trade Law Program

International Business Transactions | Professor Guseva
Credits: 4 Type: LEC
This course covers a broad range of domestic and transnational transactions and their economic underpinnings. The first classes will begin with sessions setting the legal and practical context of the law and economics of contracting and organizational design. Specifically, the initial classes will be devoted to an analysis of a number of traditional and novel theories affecting contractual relationships, which will be the fulcrum of the course. Students will be introduced to the theories enabling them to assess contractual design: adverse selection and moral hazard problems, transaction costs, prisoner’s dilemma, strategic behavior, agency and hold-up costs, braiding in formal and informal contracting and others. Each theory will be further analyzed with respect to specific transactions as students will be helping a fictional group of entrepreneurs develop a successful international company.
The major part of the seminar will entail students representing a start-up business or its contracting parties. As attorneys for the start-up, the students will work on the following issues: raising capital, designing and assessing domestic and international contracts of sale, entering into a variety of contractual arrangements with international customers, creditors and suppliers using letters of credit and negotiable instruments, dealing with counterparties in default, arbitrating or renegotiating agreements, settling international disputes, developing joint ventures with foreign partners, and identifying potential Foreign Corrupt Practices Act violations.
Each week, students will be presented with a specific hypothetical situation and confront a series of transactional problems. Students will draft several short assignments, including concise client memoranda and contracts. All classes will involve negotiation exercises among attorneys representing two or three clients. The final grade will reflect in-class participation and assignments as follows:
(1) written assignments – 30%,
(2) in-class participation – 10%,
(3) the results of a final examination – 60%.
 
Type of exam: 48-hour take-home exam.

International Business Transactions | Professor Cho
Credits: 3 Type: LEC
This survey course addresses basic legal issues related to international business in general.  It focuses on the unique legal environment and themes characterized by the transnational nature of transactions.  Topics include the role of lawyers in the international business setting, the international sale of goods, international electronic commerce, letters of credit, foreign direct investment, the regulation of international trade, the protection of intellectual property rights, dispute resolution and corporate social responsibilities. 

International Cartel Enforcement: Globalization of Antitrust
Credits: 2 Type: SEM
This course deals with the problem of international cartels in an increasingly interdependent global economy and focuses on how the legal systems in the United States and the European Union detect and punish cartel behavior. It will compare the U.S. approach (criminal prosecution of both corporations and individuals, corporate fines, and jail terms for individuals) with the European Commission approach (administrative fines imposed exclusively on corporations) and will evaluate the comparative efficacy of both approaches. Among the topics to be considered will be the operation of the U.S. and EU leniency programs; the imposition of fines for cartel violations under U.S. and EU sentencing guidelines; governmental tools for obtaining evidence in cartel cases; extradition for cartel offenders; multi-jurisdictional cooperation and other efforts at convergence; extraterritoriality and discovery issues, including analysis of the Supreme Court's decisions in Aerospatiale, Empagran and Intel ; litigating and adjudicating EU law in national courts; and private antitrust remedies in the U.S. and Europe, including efforts by the EU to expand the existing system of private remedies in the EU and in EU member states.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

International Civil Litigation in U.S. Courts
Credits: 2 Type: SEM
In light of the growing importance of cross-border litigation, this course will cover significant, as well as problematic, areas in international litigation and private international law as they play out in United States courts. The topics covered will include jurisdiction over foreign defendants, the Foreign Sovereign Immunities Act, forum selection, forum non conveniens, extraterritorial application of United States law, parrallel litigation (including antisuit injunctions), and recognition and enforcement of judgments.

International Commercial Agreements in Practice
Credits: 2 Type: SEM
This course is primarily addressed to students interested in acquiring drafting skills and investigating the practical problems arising in negotiating, concluding and managing international commercial agreements.
In view of the goals pursued, the first few sessions of the seminar will be devoted to an overview of the several sources of law governing international commercial contracts and the way in which the multiplicity of sources can be dealt with and properly managed by means of the careful drafting of choice of law, choice of forum and/or arbitration clauses.
The course will then focus on substantive matters and will be devoted both to general issues (and general clauses), and to the analysis of specific types of agreement.
As far as general issues are concerned, among those which will be considered are letters of intent, contract formation and the use of standard contract forms, implied terms, contract interpretation and clauses on interpretation, force majeure and hardship doctrines and clauses, warranties, bonds and stand-by letters of credit.
As far as specific types of international commercial agreements are concerned, several types of contracts will be dealt with, including sales agreements, distribution agreements, IP licensing agreements, joint-venture agreements and other contractual forms of cooperation between business operators.

Format: The class format will combine a short lecture-style introduction and subsequent discussion. A Socratic method will primarily be adopted and Students are thus expected to prepare for and to participate in class discussions on a regular basis.
Accordingly, grades will be based on participation to class discussion, as well as on a final exam, the format of which will be a fixed 8-hour Take-Home exam.
At request, students will have the option to write a substantial research paper in lieu of the exam.

Course Materials: Relevant cases and materials will be provided.  Selected reference readings will also be provided.
As a general reference textbook, please refer to:
M. FONTAINE AND F. DE LY, DRAFTING INTERNATIONAL CONTRACTS: AN ANALYSIS OF CONTRACT CLAUSES (Leiden, Boston, 2009).

 


International Commercial Arbitration
Credits: 2 Type: LEC
The course will review the law and practice of international commercial arbitration as one of the key approaches to international alternative dispute resolution. The readings will be selected recommended essays and there will be DVDs in class showing a mock international arbitration by leading experts.

The essays, DVDs and discussion will cover a brief history of international commercial arbitration, the appointment and role of the party-appointed arbitrator and the chairman, jurisdictional issues, the role of national court systems, the organization of an international arbitration, provisional relief and interim measures of protection, discovery and production of evidence, the conduct of hearings, the tribunal's deliberations and award, annulment and enforcement of awards, and the responsibilities of international arbitral institutions.

There will also be a lecture on arbitration of international investment disputes, including arbitration of cases at the Iran-U.S. Claims Tribunal, and of ICSID (International Center for the Settlement of Investment Disputes) and NAFTA cases.

The basic documents to be examined, including their application, are the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the United Nations Commission on International Trade Law ("UNCITRAL") Arbitration Rules, the UNCITRAL Model Law, the International Arbitration Rules of the International Centre for Dispute Resolution ("ICDR") of the American Arbitration Association, and the International Bar Association ("IBA") Rules on Taking Evidence in International Commercial Arbitrations.

International Criminal Law
Credits: 2 Type: LEC
This course analyzes transnational criminal activity, with an emphasis on the scope and sources of international law. Detailed analysis will focus on the problems associated with jurisdiction and extradition. Among the specific issues discussed will be the transferability of penal sanctions, diplomatic immunity and the political offense exception. The course also includes discussion of the substance and efficacy of the various multilateral conventions and bilateral treaties addressing air piracy, narcotics prosecution, money laundering, securities fraud and tax evasion.

International Criminal Tribunals Drafting
Credits: 2
This seminar seeks to engage students with the laws and practices of the international criminal tribunals through hands-on research and writing projects. Students will be responsible for drafting mock legal briefs exploring pressing international criminal law issues, including regarding the crimes, modes of responsibility and/or procedural rules before these tribunals. Through working on these projects, students will be exposed to the fundamentals of international criminal law, as well as to the research tools, drafting styles and internal functioning of the various international criminal tribunals. There is the possibility that some of the mock legal briefs may be submitted to the international criminal tribunals.

 


International Dispute Resolution
Credits: 2 Type: LEC
Over the last twenty-five years, there has been an extraordinary growth of interest in alternatives to the court adjudication of disputes at both the domestic and international level. This course surveys the wide variety of process choices in domestic and international dispute resolution and examines the legal, policy, ethical, and jurisprudential issues associated with these processes. The primary focus of study will be on negotiation, mediation, and arbitration. The course will be taught through case law, descriptive readings, simulation exercises, and discussion.

When is this course offered? Belfast/Dublin Summer Program only

International Economic Law
Credits: 3 Type: LEC
This course focuses on how countries, international organizations, multinational corporations and non-governmental organizations have responded to the global financial crisis. We look at how International Trade, Foreign Direct Investment, and International Finance have been impacted. Topics explored include: how the bank bailouts have effected global finance, why China and Germany are growing while others stagnate, debates over decisions by countries to pursue stimulus or austerity, global employment crises, and US efforts to become an export-led economy. International Economic Law lies at the heart of these debates.


International Environmental Law
Credits: 2 Type: SEM
International Environmental Law is no doubt one of the most challenging and innovative fields in international law. The past two decades have seen the emergence of numerous international principles and rules in this area challenging many of the more established rules and principles in the international legal field. Several multilateral environmental agreements (MEAs) have been adopted and international environmental rules regulate almost every environmental issue one can think of. For example, just to mention a few areas, there are treaties dealing with marine pollution, hazardous activities, atmospheric pollution, waste management, access to information and so on.

This course aims to offer an overview of international environmental law to allow students to familiarize themselves with the key concepts in this field. The course will begin with an overview of the key international legal principles and rules dealing with the protection of the environment. It will do so by giving an historical introduction to put the evolution of this field in context. After this introductory lectures, the course will address the role that international institutions play in this field before moving on to examine selected treaty regimes to provide concrete and practical examples of the international regulation of environmental issues. In particular, the course will examine some of the most topical global environmental legal regimes, with particular attention to global environmental problems such as the depletion of the ozone layer, the trans-boundary movement of hazardous waste, the conservation of biological diversity and the international responses to climate change. The course, finally, will examine cross cutting issues, including the relationship between human rights and the protection of the environment, the protection of the environment in times of war and the question of compliance with environmental obligations.

International Finance Techniques
Credits: 2 Type: SEM
International finance techniques have become increasingly effective but technically challenging. This course first covers challenges common to most international financings. Separate units then cover several of the most common cross-border finance techniques, including Project Finance, Securitization, Capital Markets Finance, and International Investment Funds, analyzing key elements of each technique and providing examples of legal and tax regimes and specific transactions to illustrate such techniques. Further units cover opportunities to enhance such financings, including risk management and accessing Islamic finance.

At the beginning of the course, students are assigned to teams. Each team is provided with a brief case study proposing one of the finance techniques covered in the course. In the final sessions of the course, each team makes a presentation and provides a paper covering the key elements and issues of the finance technique in its case study.


International Human Rights and Democratic Theory
Credits: 2 Type: SEM
This seminar will examine the democratic legitimacy of international human rights law. In the years since World War II, international law has undergone a transformation. It now holds nations accountable not simply for how they treat each other, but for how they treat individuals. Yet, the most common democratic justification for this change namely, that nations have delegated portions of their sovereignty through treaties is often regarded as insufficient to justify the intrusions on internal governance that contemporary human rights standards entail. This seminar will survey political theory, comparative law, and evolving international practices and institutions to consider the plausibility of alternative democratic justifications and their likely impact. The theoretical issues will be investigated in the context of specific international controversies.

International Human Rights Clinic
Credits: 5 (2 seminar, 3 casework) Type: CLN

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

International Human Rights Drafting
Credits: 3 Type: SEM
A special course limited to Crowley Scholars to prepare them for the forthcoming human rights mission.

International Human Rights Law
Credits: 2 Type: LEC
This course provides an introduction to the theory and practice of international human rights law, as well as a critical perspective on the role it has played in recent decades in discourse on international law. Topics include the debate over the definition of human rights (and whether rights are universal or culturally relative), the basic legal mechanisms for enforcing human rights, and the practical political realities of promoting human rights. The course will also develop critical perspectives on the relationship between human rights ideology and enlightenment values and on whether human rights is a function of international media or international law.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

International Human Rights Scholarship
Credits: 2 Type: SEM

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

International Insolvency Law
Credits: 2 Type: SEM
Considers issues that arise in cross-border and transnational insolvency cases, including plenary proceedings brought in more than one jurisdiction and proceedings in American courts ancillary to foreign cases; reviews UNCITRAL, World Bank and other proposals to codify and standardize insolvency principles applicable in business bankruptcies and to create workable insolvency regimes in developing countries; considers issues raised by defaults in sovereign debt and proposals to create a Sovereign Debt Restructuring Mechanism; compares American, European and selected other bankruptcy laws with respect to issues that frequently arise in cross-border cases.

Enrollment Cap: 20

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

Additional information: A basic bankruptcy course is useful but not a prerequisite.

International Intellectual Practice Law, Practice & Enforcement
Credits: 3 Type: SEM
The course will examine the substance, implementation and enforcement of international agreements that establish minimum standards of protection in intellectual property amongst member states, including the Berne Convention, the Paris Treaty and TRIPS.  We will study international and regional intellectual property registry systems such as EU/OHIM and the Madrid Protocol and Agreement, and we discuss international filing strategies for various types of intellectual property and global exploitation of a company’s intellectual property portfolio.  Finally, we will survey enforcement provisions provided by key territories to combat international trade in counterfeit goods and best practice measures for a global anti-counterfeiting program.

 


International Intellectual Property Law
Credits: 3 Type: LEC
This course provides a basic doctrinal overview of the international agreements governing intellectual property and explores intersections among international law, intellectual property and technology development.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Intellectual Property & Information Technology Law LL.M. Program? Yes

International Investment Law
Credits: 2 Type: SEM
The course will explore the role of private foreign investment as a vehicle for economic development in developing nations. Emphasis will be placed on negotiating and drafting investment agreements in economic sectors of particular importance to developing nations. The investment contract will be presented as a contract sui generis. Actual and model agreements will be reviewed involving mining ventures, petroleum concessions, hotel services and general service contracts.

Enrollment Cap: 20

International Law
Credits: 3 Type: LEC
The aim of this course is to provide a broad understanding of international law, and enforcement of this law, through international organizations (including the United Nations system).  The course uses a problem-based approach to understanding how international law operates and explores avenues to problem-solving in this context.  It will include a discussion of the nature, history, and sources of international law, as well as the relationship of international (including customary) law to municipal law and the nature and scope of international agreements (their negotiation, interpretation, suspension and termination). The course will also cover jurisdictional aspects of international law, such as bases of state jurisdiction and immunity from state jurisdiction (including capture of war criminals, sovereign immunity, Act of State doctrine, and diplomatic and consular immunity).

Structurally, the course looks at the settlement of disputes and the responsibility of states for violations of international law. Attention will turn to international and transnational adjudication, with an emphasis on the history, role and jurisprudence of the International Court of Justice. In the settlement of disputes by force, both the limitations on resort to force and the regulation of use of force in an ongoing conflict will be discussed.

As regards substantive content of subfields in international law, students will be introduced to the substantive scope of several subfields as well as specialized enforcement mechanisms in these subfields.
 
 


Is this course open to LL.M. students? Yes

LL.M. Notes: Core course for LL.M. International Business & Trade Law Program and LL.M. International Law & Justice Program

International Law and Development in Africa Clinic
Credits: 5 credits (2 seminar, 3 casework) Type: CLN
International Law and International Relations
Credits: 2 Type: SEM
This two-credit seminar will provide a survey of state-of-the art scholarship in the fields of international law and allied disciplines. After a session devoted to an introduction to international law research and scholarship, we will read and discuss a dozen recent papers written by prominent scholars of international law and allied disciplines. There will be a final wrap-up session.

Additional information: Each student will write reaction essays of roughly 1,000 words each summarizing and critiquing six of the presented papers. There is no final examination or paper. LLM and JD students are welcome. Students may write longer papers in conjunction with the seminar to satisfy the writing requirement (for an additional credit); those students who choose to do so must still write the six reaction essays.

International Law of Development
Credits: 2 Type: SEM
The international community is facing many challenges in the 21st century. Promoting development is arguably one of the items at the top of the international agenda, an objective shared by all the stakeholders in the international community.

The course is designed to give an overview of the international legal rules on development and poverty eradication. Students will learn the basic framework for international development cooperation and will be exposed to the current legal and policy debates within the field.

This course will examine the international legal rules, the activities of State actors, international organizations and other entities that deal with the promotion of development and poverty eradication. The course will begin with an examination of the main theories and concept(s) of development. We will be asking ourselves, inter alia, what is development? What kind of development should the international community promote? Is there a right to development? How do we measure development?

It will continue with the analysis of the international legal rules designed to promote development and we will focus on the role played by selected international organizations. The course will firstly examine the activities of the United Nations, its Programs and Specialized Agencies. More specifically, it will examine the UN Development Agenda that emerged following the several UN Development Conferences, including the Millennium Summit, the Monterrey Conference and the 2005 World Summit. The course will then move on to examine the role and activities of the World Bank Group, in particular the International Bank for Reconstruction and Development and the International Development Association. It will further examine the role that financial aid (multilateral and bilateral) plays in the promotion of development and we will discuss its effectiveness. The course will continue with a discussion on the relationship and interaction between trade liberalization and development and the role of the World Trade Organization. The course will conclude with an assessment of current policies and will try to identify shortcomings and strengths to propose (new) tools to achieve development, with a focus on sustainable development.

Guest speakers will deliver selected lectures to illustrate the implementation and practical implications of the legal rules studied during this course.

International Organizations
Credits: 2 Type: LEC
After a brief introductory discussion of the history, common characteristics, and problems of international organizations in general, the seminar will focus on the United Nations and its human rights and economic programs. The role of ESOSOC, UNDP, UNlDO, UNCDF, and UNCTAD will be analyzed, as well as the role of the U.N. General Assembly in fostering the New Economic Order. In addition, the structure and functions of other global institutions, such as the International Bank for Reconstruction and Development (IBRD), the International Monetary Fund, the General Agreement on Tariffs and Trade (GATT), and the International Labor Organization will be discussed.

International Project Finance
Credits: 2 Type: LEC

Does this course satisfy the writing requirement? Yes

International Relations
Credits: 2 Type: LEC
International Sales
Credits: 2
International sales are the heart of international trade. They are regulated by a global law, the United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG). The course focuses on this Convention, which is now in force in 76 Member States including almost all economically important countries of the globe (not only the United States but also for instance China, Russia and most EU countries). The Convention regulates the formation of international sales contracts and the obligations and remedies of the parties to such contracts. The course gives, first, a short account of the legislative history of the Convention. It then deals in detail with the scope and method of application of the CISG and its interplay with private international law rules. A further part concerns the formation of international sales contracts as regulated in the arts. 14 – 24 of the Convention. The central part of the course is devoted to the obligations of the parties and to the remedies if a party, in particular the seller, failed to perform one of its duties. For all aspects of the CISG, the course will intensively rely on the rich international case law, which has already developed. The course finally addresses problems of international sales not yet covered by the CISG and presents the method how these gaps are filled. Likewise, useful additions like the INCOTERMS will be discussed and their contents and their interplay with the CISG will be made clear.

 


Is this course open to LL.M. students? Yes

International Sustainable Development Clinic
Credits: 5 (Seminar 2 & Fieldwork 3) Type: CLN
International Taxation
Credits: 4 Type: LEC
A study of various United States and foreign tax laws affecting United States enterprises doing business abroad and foreign enterprises doing business in the United States. The course will first construct an overview of taxation in an international business framework. Special attention will then be paid to taxation of U.S. citizens abroad; foreign branch and subsidiary operations; Subpart F problems; foreign tax credit problems; tax treaties; the use of DISC's; and foreign bribe and boycott produced income.

International Trade Law
Credits: 2 Type: LEC
International Trade Law | Professor Cho
Credits: 3 Type: LEC
This survey course addresses basic legal and institutional aspects of the global trading system.  It will focus mainly on the World Trade Organization (WTO), in particular its substantive law (jurisprudence) and certain procedural aspects.  Topics include the syntax and grammar of international trade law, trade regionalism, customs law, primary obligations (most favored nation and national treatment principle), general exceptions, technical barriers to trade, sanitary measures, dispute settlement system, trade remedies and trade-related intellectual property rights.

International Trade Law | Professor Shaffer
Credits: 3 Type: LEC
This course addresses basic legal and institutional aspects of the global trading system. It will focus mainly on the World Trade Organization (WTO), in particular its substantive law (jurisprudence) and certain procedural aspects. Topics include trade regionalism, customs law, primary obligations (most favored nation and national treatment principles), general exceptions, technical barriers to trade, sanitary measures, the dispute settlement system, and trade remedies.

International Trade Regulation
Credits: 3 Type: LEC
This course will study the legal framework governing international economic relations and global business. Students will gain an understanding of why and how national and international institutions regulate world trade. Particular attention will be paid to the evolution of international trade regulation and the pressures on existing regulatory concepts and principles. Topics will include WTO, the protection of intellectual property, the promotion of international services transactions, and the stability of international currency markets.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 35

Does this course have a waitlist? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

LL.M. Notes: Core course for LL.M. International Business & Trade Law Program

Internet Law
Credits: 3 Type: LEC
The internet has profoundly changed how people create, disseminate and use information. This course is an overview of the major policies, laws, and extralegal norms by which the Internet is governed. In this course we will survey some of the substantive laws applicable to the Internet and the variety of mechanisms available for governing the Internet. Topics covered will include tort law, speech, intellectual property, employment, e-commerce, issues of territorial jurisdiction, privacy and law enforcement. There will be a scheduled final exam.

Internet Law | Professor Kovnot
Credits: 2
The internet has profoundly changed how people create, disseminate and use information. This course is an overview of the major policies, laws, and extralegal norms by which the Internet is governed.
 
In this course we will survey some of the substantive laws applicable to the Internet and the variety of mechanisms available for governing the Internet. Topics covered will include tort law, speech, intellectual property, employment, e-commerce, issues of territorial jurisdiction, privacy and law enforcement. Course has a take-home exam.

Internet Law II
Credits: 3 Type: LEC
This course is an overview of the major policies, laws, and extralegal norms by which the infrastructure or transmission layer of the Internet is governed. The course complements (and is not cumulative of) Internet Law. We will cover legal problems associated with the proprietary nature of the electromagnetic spectrum (e.g., licensing, franchising, “open access,” and municipal Wi-Fi), network management (e.g., network neutrality), competition (e.g., set-top box competition and vertical integration), privacy and data protection (e.g., as it relates to law enforcement, national security, and private third-party access to user information), as well as related topics regarding government regulation of the distribution of content or data, internet service provider immunity, and the digital divide.

Is this course open to LL.M. students? Yes

Introduction to Arbitration
Credits: 2 Type: SEM
This course offers an introduction to arbitration in the United States from both a theoretical and practical point of view. It will examine the statutory underpinnings and the case law that govern arbitration, while at the same time addressing practical considerations in conducting arbitrations as an arbitrator and as an advocate.

Introduction to Chinese Law
Credits: 3 Type: LEC
This class will offer an introduction to the legal system of the People's Republic of China. Topics addressed will include the historical, philosophical, and ideological foundations of modern Chinese law; Chinese legal institutions and personnel; evolving administrative, civil, constitutional, criminal, and property law norms; and citizen efforts to use the legal system. No prior knowledge of Chinese history, law, or politics is required.  Regular class attendance and participation is required, as is completion of short response papers to the readings.
 
NOT a writing req. course - no paper.  It is a lecture.

Does this course satisfy the writing requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Introduction to Health Law
Credits: 3 Type: LEC
Introduction to Health Law provides a foundation for legal practice in the fields of Individual Health Care Law and Public Health Law in the United States.  In so doing, it explores the relationship between law and policy, and examines the legal issues that often arise in the government's attempt to regulate personal behavior and the provision of medical care.
The course is divided into two sections, the first surveys important legal issues in individual health law focusing on such issues as: access to health care, public and private health insurance coverage, confidentiality, informed consent, liability of healthcare institutions and health care providers, and the organization of health care delivery.
The public health law portion of the course examines the central tension between the state's regulatory powers and individual rights in the context of protecting the public's health.  It covers such subject areas as: federal, state and local public health powers; the circumstances under which the state can limit the freedoms of individuals in order to protect citizens from the consequences of their personal lifestyle choices; compulsory screening; immunization; quarantine and civil commitment; criminal punishment; and mandated treatment. 

Introduction to Investor-State Arbitration
Credits: 2 Type: SEM
This course will provide an overview of investment arbitration, a practice area that comprises principles of international law, dispute resolution, treaty law and public policy.  Special distinguishing features of investor-state arbitration disputes will be highlighted and explored, including the importance of nationality, consent to jurisdiction, defenses and damages.  Among the arbitration procedures examined will be those arising from bilateral investment treaties (BITs) and multilateral investment treaties (MITs), such as the Energy Charter Treaty (ECT) and the North American Free Trade Agreement (NAFTA), as well as public contracts.  The course will also consider issues related to investment disputes under ICSID, UNCITRAL and ICC rules.


Introduction to Islamic Law
Credits: 2 Type: SEM
This course explores the impact of Islam on the following areas: Islam and the other: Justice and Public Policy; Human Rights; Islam and Authority; Jihad; Terrorism; and International Law.

Introduction to Judicial Clerkship
Credits: 1 Type: CLN
"This informal seminar examines the role of law clerks in the federal judiciary. State court and bankruptcy clerkships also may be discussed. The objectives are to familiarize students with law clerks? day-to-day duties and to prepare students to be effective clerks. Discussion topics include clerkship ethics, chambers and case management, effective writing and research techniques, working with case records, court governance, and the clerkship application process. We also review subjects that clerks encounter frequently?which may be unfamiliar to some students?such as the Federal Sentencing Guidelines, local rules and standing orders, federal subject matter and appellate jurisdiction, statutory interpretation and judicial methodologies, standards of review, jury instructions, verdict forms, and pro se litigation. The seminar grade is based on class participation and a 10-page bench memo assignment. Students shall review the briefs in a pending case before the United States Court of Appeals for the Second Circuit and write their fictional judge a bench memo. Schedule permitting, we shall visit the Second Circuit to view oral arguments on the case and meet with federal judges. Additional information: The seminar is open to second and third-year students. Students who are considering applying for a clerkship, as well as students who have secured a clerkship position, are encouraged to enroll.This is a condensed semester 6 week course commencing at the strat of the semester.

Introduction to Mediation
Credits: 2 Type: SEM

Introduction to Mediation is a combined skills and theory course focused on consensual problem solving.  Beginning with an overview of negotiation techniques, the course will focus on the role of the mediator and explore the theory, practice and techniques of the mediation process.  In addition, the students will learn how to structuring the mediation process, manage emotional issues in negotiations, learn the techniques necessary to conduct an effective mediation, with an emphasis both on absorbing the fundamental points of law as well as learning how to guide people to informed decision-making as a mediator. Role plays, simulations and exercises will be integrated throughout the course to provide experiential learning of the material.


Introduction to the Deal
Credits: 3 Type: SEM
"This is a practice-oriented course focused on doing business deals.  It helps students learn how to identify, understand and resolve business and legal issues common to business transactions, such as an M&A deal, a joint venture agreement, or a public offering.  Among the topics covered are (i) how to draft a term sheet, (ii) how to translate a term sheet into contract provisions, (iii) how to use due diligence to identify relevant facts and issues, (iv) how to understand and draft financial covenants, (v) how to negotiate a deal, and (vi) how to understand and draft opinion letters when needed to facilitate a closing.  Some basic accounting terms and concepts are discussed as needed to understand the effects of financial covenants and of certain types of business decisions.  The course is conducted in part through exercises that illustrate common business problems, and in part through in-class role plays and lectures."

Does this course satisfy the skills requirement? Yes

Introduction to the Deal
Credits: 3 Type: SEM
This practice-oriented course introduces students to business and legal issues common to commercial transactions, whether an M&A deal, a license agreement, or a public offering. Among the topics covered are:
  1. how to translate a business deal into contract provisions,
  2. how to use due diligence to identify business and legal issues,
  3. how to understand and draft provisions with financial language,
  4. how to negotiate a business deal,
  5. corporate governance,
  6. opinion letters and
  7. closings.

The course is conducted through workshop exercises, in-class role plays, and lectures. This course is designed for students who are interested in working on business deals.


Pre-requisites: Corporations

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Additional information: It helps to have taken, or to be taking concurrently, one or more other business-related courses (only Corporations is required).

Introduction to the US Legal Profession
Credits: 2 Type: SEM

This course is about the professional responsibility of U.S. lawyers.  Using a text, the ABA Model Rules of Professional Conduct, and the NY Rules of Professional Conduct, supplemented by pertinent cases and other materials, this course will examine the basic rules that govern the conduct of lawyers with respect to their clients, third parties and the courts.  There will be an in-class exam with the use of the ABA and NY rules (and comments).


Introduction to U.S. Legal Systems
Credits: 3 Type: LEC

Is this course open to LL.M. students? Yes

Introduction to U.S. Transactional Practice
Credits: 2 Type: LEC
This course will provide LL.M. students with on overview of U.S. transactional practice and the practical skills that are useful in the context of representing corporate clients. In addition to the lectures and simulations, the course will include classes with guest speakers, including successful LL.M. alumni currently practicing law in New York City. Throughout the semester, students will participate in contract negotiation and drafting exercises. The course will assist students in fine tuning their legal research and writing skills, client management strategies and introduce them to contract drafting and negotiation. Students will have the opportunity to explore various areas of substantive law while learning the relevant practical skills to effectively represent clients on transactional matters.  

Is this course open to LL.M. students? Yes

Additional information: LLM's Only

Investment Adviser and Hedge Fund Regulation
Credits: 2
This course provides an in-depth introduction to key aspects of the federal regulation of investment advisers under the U.S. Investment Advisers Act of 1940 from the perspective of a practicing General Counsel and Chief Compliance Officer of a fund of hedge funds manager.  Within that context, the course will provide a basic introduction to hedge funds, fund-of-funds, and other forms of private fund offerings and examine the impact of U.S. federal investment adviser regulation on such funds and their advisers.  Students will learn the basics of the federal regulatory and administrative structure governing investment advisers in the U.S., with a focus on advisers to private funds and the key topics impacting an adviser’s regular compliance obligations.  Beyond providing students with a basic grounding in the applicable rules, regulations and legal theories governing U.S. investment advisers, the course will seek to provide students with an understanding of how these are applied and play out in practice.  Lectures will be led by a current practitioner and may also utilize guest lecturers consisting of practicing attorneys and business people involved in the legal and business aspects of the investment management and hedge fund industry. 
The subject matter will be presented through a combination of statutory reading and interpretation, administrative guidance, case law, and real-world issues and situations  This course will help develop basic core practice skills with respect to U.S. securities law statutory interpretation and will introduce students to administrative law concepts on how the law may be  made or defined not just through rules and regulations and traditional case law, but also through an intricate system of government agency administrative and legal actions, releases, letters and interpretive guidance, e.g. SEC staff adopting releases, interpretive releases, no-action letters, examinations, speeches, and other SEC staff interpretive guidance.
This will be a skills course.  There will be no exam.  Students will be asked to comment on or draft documents that a practitioner in this area would encounter based upon the material covered in the course.  Students will be evaluated and graded based on these assignments.


Strongly Recommended Pre-Requisites
Corporations


Required Pre-Requisites
Securities Regulation, Financial Institutions II, or Federal Regulation of Investment Companies and Investment Advisers (or similar courses at professor’s discretion)
 


Investment Banking
Credits: 2 Type: SEM
From the perspective of a legal department of a multifaceted investment-banking firm the course will deal with regulatory and ethical concerns which arise from corporate finance services. The underwriting and securities distribution process and the rendering of opinions and valuations will be considered. The class will be made familiar with the major sections of a corporate finance department and their relation with counsel. This course is divided into two sections. The first section discusses legal and political history. The second section examines contemporary legal problems.

Pre-requisites: Corporations or a Securities course


Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

Investor-State Arbitration
Credits: 3 Type: SEM
Foreign investments and international investment treaties and contracts continue to grow worldwide.  They lead to a growing number of investor-state disputes and increasing resort to arbitration as a method of dispute resolution.  The leading role in investment arbitration is played by the International Centre for Settlement of Investment Disputes (ICSID), established as an autonomous international institution under the auspices of the World Bank with the seat in Washington, D.C.  As of June 30, 2013, there were 424 arbitration cases registered by the ICSID under the ICSID Convention and Additional Facility Rules with governments of more than 90 countries involved in investment treaty arbitration.
 
This course will explore core topics in investment arbitration focusing on arbitration of investor-state disputes under the ICSID rules.  Topics to be covered include foreign investments, investor-state disputes, modern system of investor-state arbitration, ICSID and its central role in investment arbitration, bilateral investment treaties (BITs) and multilateral investment treaties (MITs), such as the North American Free Trade Agreement (NAFTA) and the Energy Charter Treaty (ECT), commonly used procedural rules in investment arbitration (ICSID, ICC, UNCITRAL arbitration rules), consent to arbitral jurisdiction, applicable substantive and procedural laws, the course of an investment arbitration, standards of protection provided by investment treaties (such as national treatment, most-favored-nation (MFN) treatment, fair and equitable treatment), expropriation, umbrella clauses, damages and non-pecuniary remedies in investment arbitration, annulment and set aside, and enforcement of arbitral awards.
 
Students who have previously taken “Introduction to Investor-State Arbitration” are restricted from taking this course.

Islamic Finance & Estate Planning
Credits: 2
The course discusses formalities of Shariah compliant Islamic finance and estate planning in the US Courts. It will focus on the execution and distribution of assets. The course will also focus on Waqf (trust) as a vehicle for investment under Shariah financial structures. It will bring to light the existence of Islamic Finance and its viability in today’s market.  Studies will include a comprehensive analysis of various Shariah compliant legal and financial structures, such as Musharaka, Mudaraba, Istisna, Salam and derivatives. Special attention will be given to Sukuk transactions which have become a major tool for investment in major construction projects worlwide and a possible valuable element in the US financial and legal system.  
Course Requirements: Research Paper

Additional information: The three textbooks below will be available at the bookstore. Other relevant reading material will be available on my Fordham web-page.   

Muhammad Taqi Usmani, An Introduction to Islamic Finance (1998)

Mahmoud A. El-Gamal, Islamic Finance: Law, Economics and Practice (2006)

Sohail S. Hussaini, The Laws of Inheritance in Islam (2008)


Jewish Law
Credits: 2 Type: SEM
The course will analyze the Jewish legal system, focusing on topics that are relevant to contemporary American legal scholarship and jurisprudence. In addition to a general discussion of the history and development of Jewish law, the course will address the substantive and procedural aspects of the law. Among the substantive areas to be covered are capital punishment, abortion, euthanasia, marriage and divorce, contracts, torts and property law. Finally, the course will examine the application of Jewish law in modern society, both in the United States, through the Free Exercise Clause and the Establishment Clause, and in the legal system of the State of Israel.

Does this course satisfy the writing requirement? Yes

When is this course offered? Spring semester only

Jewish Law: Sources, Principles and Jurisprudence
Credits: 2 Type: SEM
Modern scholarship has identified five legal sources of Jewish law, namely, interpretation, codification, custom, precedent and reason. These sources provide the framework for the course. Each source will be analyzed from both a doctrinal and a jurisprudential perspective, and attention will also be paid to the historical development of the institutions of Jewish law in a comparative context. Throughout the course, reference will be made to the role played by Jewish law in the legal system of the State of Israel. The course comprises a strong comparative element in both the doctrinal and the jurisprudential areas. This 5 week class will begin on January 15, 2008 and end on February 14. Course Outline Introduction: A distinction is made between the traditional methodology of the study of Halakhah and the scientific approach adopted in the modern study of Jewish law. The major aspect of the scientific approach is the analysis of Jewish law according to its legal sources i.e. interpretation, codification, custom, precedent and reason. Interpretation: In addition to discussing the historical development and the logic of the hermeneutical principles used in the juristic interpretation of Jewish law, this unit also explores the general problem of the tension between the lexical meaning of a normative text, and its legal significance. Some of the greatest authorities of Jewish law e.g. Rabbi Yishmael, Rabbi Akiva, Maimonides and Nahmanides have debated this matter, and the disputes between the formalists on the one hand, and the champions of a much freer style on the other, continue to occupy a pivotal position in the jurisprudence of Jewish law. An important aspect of this unit is the definition and significance of the categories of Biblical Law (Deorayta) and Rabbinic Law (Miderabbanan). Legislation: This unit deals with the nature of the authority of the Rabbis to legislate in accordance with the needs of the time, and the rules and principles governing such legislation. Particular attention is paid to those situations in which it appears that Rabbinic legislation runs counter to Biblical law, or usurps the status and authority of such law. In addition to these principled issues, the unit also discusses some of the most important developments in Jewish family over the ages, most of which are the result of Rabbinic legislation. Custom: The nature and authority of custom provides the focus of this unit. Particular attention is paid to defining the nature and scope of norms based upon lay practice in the context of a legal system based primarily upon the activity of authorized interpreters and legislators. An important element in this unit is the distinction between monetary matters and other areas of Jewish law, and the major contribution made by custom to commercial law. Precedent: This unit deals with the theory of judicial practice in Jewish law, and focuses on the issues of binding precedent, finality, judicial discretion and appeals. The role of lawyers in Jewish law is also discussed and analyzed in this unit. Reason: The use of reason as a justificatory principle is a pervasive feature of Jewish law, and its nature and scope are analyzed in this unit. The topic of legal assumptions in civil and family law will be discussed. A major portion of the unit is devoted to an examination of the relationship between morality and law, and in particular, the nature and scope of the principle of the lesser of the two evils in the context of the law of homicide. The influence of Jewish law upon other legal systems in this context will also be discussed. The unit concludes with a discussion of the influence, if any, of conventional morality upon Jewish law.

Does this course satisfy the writing requirement? Yes

Jurisdictional Competition
Credits: 2
This course examines the ability of firms and people to select the law that will apply to their dealings and forum where their cases will be adjudicated; competition by states, countries and private parties to supply law and adjudication; and the legal and theoretical implications of this competition.  Specific topics covered include corporate and securities laws, commercial transactions, arbitration, consumer and electronic commerce transactions, trusts, real property, and marriage and family law.

Jurisprudence
Credits: 3 Type: SEM
The first part of this seminar is a survey of several major theories and approaches to jurisprudence in the 20th century, theories such as those of H.L.A. Hart, Lon Fuller, John Rawls, and Ronald Dworkin, plus other related topics. We will then turn to some contemporary issues that bear on jurisprudence in a broader sense: Dworkin's recent attempt to resolve conflicts over human rights and terrorism, religion and the state, and redistributive justice, based on principles of human dignity; and Cass Sunstein's warnings about the dangers of "radical judges" and the legal theories they and other judges follow, comparing and contrasting Fundamentalism (originalism), Perfectionism, Minimalism, and Majoritarianism as competing models for court decisions. Other short readings may be assigned.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 20

Does this course have a waitlist? No

Jurisprudence: Law & Truth
Credits: 2 Type: SEM
The central focus of this seminar is on Dennis Patterson’s book, Law and Truth (Oxford paperback) and related readings.
 
In working our way to Patterson’s account of truth in law, we will be examining correspondence, coherence, pragmatic, deflationary and other
theories of truth, including realism and anti-realism in legal theory, moral realism and truth in law, legal positivism and truth in law, Dworkin’s account of law as interpretation in Law’s Empire, and law as an ‘interpretive community’ in the work of Stanley Fish.
 
Grades are based largely on the take-home exam, class participation, and several one-page papers that test reading comprehension.   Details of the paper option will be described in the syllabus.
 


Juvenile Justice Survey
Credits: 2 Type: SEM
This seminar is a broad survey of the "justice side" of jurisprudence. We will first look briefly at some classical sources, such as Homer, Plato, Aristotle, and Aquinas, and then turn to modern and contemporary social contract theorists, such as Hobbes, Locke, Rousseau, Hegel, Rawls, and Nozick. A third area will be concerned with "Justice and Society", with readings from Hume, Adam Smith, Kant, Mill, Engels, and others. Justice and punishment is another major area covered, with selections from the work of Bentham, Nietzsche, Rawls, Camus, and others. The final focus is on distributive Justice and selective readings from Dworkin, Nagel, MacIntyre, Sandel, Walzer, Susan Moller Okin, and Rawls, with recent criticism of Rawls's. The seminar requires weekly short reflection papers on the readings and a longer paper on relevant topics. The course can be used to satisfy the Law School Writing Requirement.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Labor and Employment Arbitration
Credits: 2 Type: SEM
This course will provide a comprehensive look at the world of labor and employment arbitration -- its history, procedures, laws, ethics and practice, with a specific focus toward labor arbitration. This course will address arbitration topics such as discipline and discharge, contract interpretation and due process issues through a wide diversity of materials including judicial decisions and arbitration awards.

Labor and Employment Law
Credits: 3 Type: SEM
Labor and Employment Law Drafting
Credits: 3 Type: SEM
This course exposes students to the principles and skills of labor and employment drafting. Students draft documents involved in collective bargaining, labor arbitrations, employee benefit matters, proceedings before government agencies such as the NLRB and EEOC, and federal litigation over employment disputes. The documents drafted include unfair labor practice charges, union election protests, employment discrimination complaints, NLRB and EEOC position statements, benefit fund trustee resolutions, collective bargaining proposals, information requests and subpoenas, and civil litigation motions.

Does this course satisfy the skills requirement? Yes

Additional information: Recommended: Courses in Labor and Employment Law.

Labor Law
Credits: 3 Type: LEC
This course will introduce the fundamentals of labor law in the United States, comparing the American approach with those of other advanced industrialized democracies. We will study the federal law governing employee collective action, including the law governing organizing, employee-union relations, collective bargaining (including tools of economic pressure), and preemption of state law. We will then consider the appropriate scope of application of the NLRA regime; assess the political economic role of organized labor; consider historical and institutional explanations for American 'exceptionalism', and; explore the advantages and disadvantages of American labor law as compared to its alternatives.

Labor Law | Professor Brudney
Credits: 4 Type: LEC

This course addresses the federal law of labor-management relations, primarily under the National Labor Relations Act, as amended.  Subjects covered include employee organizational and representational rights; establishment of the collective bargaining relationship; negotiation and enforcement of the collective bargaining agreement; concerted activities such as strikes, picketing, and lockouts; and the union’s duty of fair representation.  We also will address certain related issues of national labor law including the rights of individual employees to object to their union; judicial review of arbitration decisions and promises to arbitrate; successorship and the obligations of a successor employer;  and federal preemption of state workplace laws.
Course does not satisfy writing requirement or skills requirement
Course does not have a wait list.

 


Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

Labor Law in Comparative Perspectives
Credits: 3 Type: SEM
Labor Law: Wage and Hours Law
Credits: 2 Type: SEM
The wage and hour laws have become and will remain an important element in the protection of low wage immigrant workers. Many of these new immigrants are easily exploited because of their limited work skills, limited English language ability, and alien status. The wage and hour laws can to some extent protect these workers by providing for minimum wages and overtime pay and prohibiting child labor and take-home work. These laws cover almost all workers including domestic workers in the home, garment workers in the factory and manual laborers hired off the street. The wage and hour laws are rarely part of the traditional labor law or employment law curricula of law schools where the focus is on union-management issues and on discrimination. Any student interested in sweatshop labor and the exploitation of immigrant workers needs to understand these laws.

The seminar focuses substantively on the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. and on New York Labor Law 190 §§ et seq. and 650 et seq. in the context of low wage immigrant workers. The course material is a mix of statutory and case law as well as transcripts from actual cases in which the workers speak for themselves. The seminar investigates why the exploitation of these immigrant workers continues despite these laws, despite administrative enforcement, and despite the unionization of some of the industries where these practices predominate.


Labor, Migration, and Human Rights
Credits: 2 Type: SEM
This class will examine the intersection of labor rights, migration patterns, refugee law, multinational corporate liability, and human rights in the globalized world.  The course will begin with an examination of the main theories and concepts of international human rights as they apply to workers and international migration.  We will look at human trafficking, migrant workers, refugees, and corporate social responsibility in an interactive environment that will include speakers, films, and opportunities to participate.  The goal of the class is to provide students with a strong background in international human rights particularly as they apply to global workers and employers of various forms, as well as enable a deeper understanding of questions in the field.

The course is open to LLM and JD students. Students will be evaluated by their class participation and a written paper due at the end of the semester. The topic of the paper will be chosen by the student with instructor approval. The materials utilized in the class will be a mixture of original human rights treaties and texts, news reports, speakers, and films. 


Land Use Law
Credits: 2 Type: SEM
The course includes an analysis of the legal and administrative aspects of the regulation of land use and development; the problems and techniques of urban planning at the various levels of government; particular attention is given to zoning, subdivision controls, public acquisition of land, tax controls, housing and urban renewal and model cities.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Language of the Constitution
Credits: 2 Type: SEM
This seminar is designed to create a greater awareness and understanding of the Constitution, examining where the language of the Constitution comes from and what values were intended to be expressed insofar as can be ascertained. It focuses on the Constitution?s language, history, and creation. Primary sources, rather than cases, will be the material and emphasis of the class: English constitutional developments, colonial charters, early state constitutions, the Records of the Constitutional Convention of 1787 and the Ratifying Debates, the Federalist Papers, and the debates in early congresses. The step by step development of the Constitution (including the Bill of Rights) forms a major part of the classes. Several modern issues will also be treated, for example: Security and Freedom, Succession, Continuity in Government, and Electoral Reform. There will also be several guest speakers during the Seminar.

Does this course satisfy the writing requirement? Yes

Law & Film
Credits: 2 Type: SEM

Artists and filmmakers have always shown a particular fascination with the legal system at work, along with its sometimes righteous but often neglectful practitioners.  Whether these films explore the limits of justice, the pervasiveness of prejudice, the impulse toward vengeance, the heated political environments that often dictate legal results, the heroism of the crusading lawyer who undertakes a moral cause against impossible odds, or the morally obtuse lawyer who can’t see beyond the parameters of an often unlevel playing field, filmmakers have had much to say about the nature of justice and injustice, and the transformative dimensions of the law.  Students will watch six films in class and fulfill assigned readings, along with being expected to participate in this uniquely interesting and culturally rich classroom experience.  Exam or Paper option.


Law & Neuroscience
Credits: 3 Type: SEM
This seminar examines a variety of cutting-edge, at times controversial, linkages between law and neuroscience, ranging from social and environmental influences on the brain and behavior to the interpretations of neuroimaging to the prediction of criminality and predispositions towards mental illnesses and addictions.  Students will learn how discoveries in neuroscience intersect with societal responses, legal decision-making, the punishment of criminals, and the development of innovative rehabilitation strategies.   The seminar’s primary format consists of a speakers series comprising some of the leading experts in the country – neuroscientists, psychologists, and medical researchers – who will come and discuss their work and research so that the class can interact with them directly by way of questions or commentary.  These discussions are aimed at helping students understand the neuroscientific basis for behavioral patterns that often have legal implications.  Each week’s reading material will be provided on the seminar’s TWEN site (there is no casebook or material to purchase). 

Law & Neuroscience Speaker Series 2013

Law and Biomedical Ethics
Credits: 3 Type: SEM
This course offers a broad survey of the legal and ethical issues that often arise in the government’s attempts to regulate personal behavior and the provision of medical care.  A central focus of bioethics is the effect of new technology on the human body, as with reproductive technology or organ transplants.  This course, therefore, covers the legal and regulatory ramifications of such subjects as: defining death, “test tube babies,” genetic screening and technologies, surrogacy, human experimentation and research, organ transplantation and allocation, and physician-assisted death. This course will also address the field of bioethics more broadly by covering issues of personhood, privacy and autonomy as reflected in topics such as the parameters of the physician-patient relationship, informed consent, reproductive decision-making, the right to die, and compulsory testing.  In so doing, this course explores the relationship between law and policy, and the central tension between the state’s regulatory powers and individual autonomy.

Law and Business in Russia
Credits: 2

Is this course open to LL.M. students? Yes

Law and Development of Latin America
Credits: 2 Type: SEM
Law and Economics
Credits: 3 Type: LEC
This course explores the insights economics offers about both how the legal system ought to be structured and the implications of its actual design. The course gives particular attention to the key areas of property law, contracts, torts, and criminal law, though it will also look at issues such as civil and criminal procedure. The course will present the traditional law and economics models developed over the past 30 years, but it will also consider the criticisms of and limitations to such models, and it will look at the implications of recent developments such as behavioral law and economics and the rise of empirical law and economics. No prior knowledge of economics is assumed.

Law and Literature
Credits: 2 Type: LEC
Is law an objective science, or is it also a form of art, the relationship between the imagination and the written word? This course will examine how law is presented in literature, the way in which law can be, and is, literature, and finally, how narrative and storytelling combine to allow for a better understanding of the experience of those who come before the law: what they seek, and what they receive in return. When it comes to judgment and resolution, what does the law provide as perceived by artists who comprehend the world in moral and narrative terms. Do storytellers and lawyers tell stories in the same way, or do novelists concern themselves with moral and spiritual concerns, while lawyers are guided by more legalistic mindsets? The course will also consider the emotional complexity of the human experience and how such considerations are often left out of judicial opinions, but yet remain very much a part of literature that focuses on the law.

Does this course satisfy the writing requirement? No

When is this course offered? Fall and Spring semesters

Law and Medicine
Credits: 2 Type: SEM
The course deals with the preparation and presentation of medical proof in civil and criminal cases. Study is also given to legal, medical, social and moral issues involved in the areas of drug abuse, right to treatment, human experimentation, organ transplants, allocation of scarce resources, criminal insanity, civil commitment, euthanasia, and abortion.

Law and Philosophy
Credits: 2 Type: SEM
This seminar will concentrate on three broad sets of questions. The first set concerns the fundamental issue: what does the moral rightness or wrongness of a putative law have to do whether it is really the law? We will focus on the most prominent version of this debate in Anglo-American Legal Philosophy in the past several decades: the debate between H.L.A. Hart and Ronald Dworkin, reading their most important jurisprudential works carefully, and paying close attention to the secondary literature that has grown out of these works. The second set of questions pertains to the relation between different forms of justice, particularly in the private law: how does distributive justice, and a liberal emphasis on rights and liberty, relate to corrective justice, and the idea of restoring to each what was his or her own? Rawls' Theory of Justice, Nozick's Anarchy, State and Utopia, and Weinrib's The Idea of Private Law will be the primary emphasis in this part. The third and final part of the course will examine the relation among justice, mercy, and forgiveness, particularly within the criminal law. Hampton and Murphy's book, Forgiveness and Mercy will be the primary text.

Law and Policy of Climate Change
Credits: 2 Type: SEM
Climate change is arguably the most pressing and complex environmental problems facing our Planet. This course has two primary goals. First, the course will explore the international environmental policy issues raised by the current concern about global climate change. Second, the course will also serve as a detailed and in-depth study of how international law and international relations influence the range of possible solutions to global environmental problems. As an important part of the course, we will do a negotiation exercise dealing with global climate change.

This course will provide an overview of the problem of global climate change and the applicable laws, including the effect of the February 2005 entry-into-force of the Kyoto Protocol. We will examine the international treaties, both the UN Framework Convention on Climate Change and the 1997 Kyoto Protocol, that create an international legal framework for climate change. Special attention will be paid to emissions trading and other mechanisms that the regime uses to reduce greenhouse gas emissions. From the U.S. law perspective, the course will examine applicable federal environmental statutes, the common law, and other domestic efforts to address global warming. Finally, the course will consider the challenges posed by other international regimes, the fundamental nature of the climate change problem, and several other significant issues, including compliance, enforcement, and global equity, to the creation of an effective solution.

Does this course satisfy the writing requirement? Yes

Law and Practice of the International Criminal Tribunals
Credits: 2 Type: SEM
There is wide awareness, though little true understanding, of the work of the international criminal tribunals. The objective of these tribunals – to provide justice to victims of some of the world’s worst atrocities – is an inherently compelling one. The tribunals’ proceedings are followed and commented upon in all world regions. Yet, much of the coverage dedicated to these tribunals is superficial, at best. Terms of art like “genocide”, “war crimes” and “crimes against humanity” are bandied about indiscriminately. The distinct mandates, and functioning, of the tribunals, past and present, are largely muddled over. As a result, many conceive of these tribunals as abstract entities, with only an approximate comprehension of the work they carry out or the conflicts that they govern.

This seminar will provide students with a thorough grounding in the law and practice of the international criminal tribunals, including the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, the Special Tribunal for Lebanon, and the International Criminal Court. We will focus on the historical antecedents, creation mechanisms and underlying conflicts that gave rise to these institutions of international criminal law, as well as the principal international crimes and specialized modes of liability that they have prosecuted and developed. Students will engage critically with these issues through classroom discussions and hands-on writing projects involving ongoing topics before the international criminal tribunals.

 


Law and Professional Sports
Credits: 3 Type: LEC
The law applicable to professional team sports, including antitrust, labor, contracts, torts, publicity rights, tax, and communications aspects.

Is this course open to LL.M. students? Yes

Law and the Virtual World
Credits: 2 Type: SEM
Law and the Virtual World will examine how the Internet and the virtual worlds that comprise it have affected our legal norms, as well as our conceptions of community, jurisdiction, injury, and remedy.

Law Firm As A Business
Credits: 2 Type: SEM
So you want to be a lawyer? Do you know how law firms are managed? Do you understand the economic dynamics of a law firm? Do you know which law school grads get hired? And which associates make partner? In today's highly competitive marketplace, it is imperative to understand law firms as businesses. After all, AmLaw 100 firms have gross annual revenues of $250m+ with some elite firms having revenues in excess of a billion dollars. Even small law firms are million-dollar businesses. A lack of business savvy about your own industry could be dangerous to your career. In the course, students will learn how to think critically about business trends that affect the legal profession, law firms and your own career.

Is this course open to LL.M. students? Yes

Law Firm Marketing
Credits: 3 Type: LEC
In this course you will learn to develop marketing and business development techniques that will help you land a job, market yourself to clients, and kickstart your own firm. We will use Harvard Business School case studies and have guest lecturers from successful solos to BigLaw.

Law of Armed Conflict
Credits: 3 Type: SEM
The use of force is one of the most powerful tools at a nation's disposal to influence other nations. However, this tool is not unlimited but is regulated by the laws of armed conflict. This course will study the laws of armed conflict by applying them to a fact driven scenario. The course will start with the national decision to go to war and follow the law of armed conflict through the different phases of a military operation from invasion through open hostilities, to occupation, counterinsurgency, and post-conflict reconstruction. In each phase, the key contemporary issues will be highlighted, including the application of human rights to armed conflict, civilian detention, the definition of combatants, and targeting with unmanned aerial systems. The goal of the course is to give each student broad exposure to the law of armed conflict and some of the role it plays in modern warfare.

Law of Democracy
Credits: 4
This course examines the laws that govern our democratic process, including campaign finance reform, voting rights, redistricting, ballot access, election administration, campaign advertising and the role of SuperPACs.  The course is a blend of constitutional  law, legal history and legal theory.  We will focus attention of the different legal theories and the empirical assumptions used by lawyers and judges in key Law of Democracy cases.  Because of the centrality of constitutional law, we conduct a series of mock Supreme Court arguments around the key cases.  There is a take home exa, but student who wish to do so may write a 30 page research paper.

Enrollment Cap: 30

Law of Peace & State Building
Credits: 2 Type: SEM
"This seminar addresses how warfare and armed conflict is resolved by examining how international law on peace agreements and conflict resolution has developed and been applied in actual conflicts. The emerging lex pacificatoria (the law of peacemakers) addresses the evolution of peace agreements and their contribution to a substantive law on peace distinguishable from similar international law concepts. Also addressed is the international law associated with rebuilding after warfare, particularly where new governments, states, or borders are involved. The tension between peace-building and the Responsibility to Protect on the one hand, and state sovereignty on the other hand, will comprise a key discussion point of the course. Case studies based upon scholarly research are also a key component of the course, which will cover a variety of conflicts and instability in territories such as Cyprus, Northern Ireland, North Africa, Sudan, DRC, former Yugoslavia, Israel/Palestine, Iraq, and the Korean peninsula, to name a few.

Law of the Music Industry
Credits: 2 Type: SEM
This seminar explores the recording and music publishing industries from a combined business and legal perspective. The course includes discussions of industry custom and practice, consideration of typical management, recording and publishing agreements and an analysis of music business economics. Assigned cases and text are used to illustrate the more commonly encountered legal issues. A fuller appreciation of typical contract concerns is fostered through mock negotiations. The course also examines the roles which personal managers, attorneys and other representatives play in the guidance and development of musicians' careers.

Law of War and International Criminal Courts
Credits: 3 Type: SEM
The objective of the course will be to explore the theoretical and practical significance of the prosecution of war criminals for the enforcement of international humanitarian law. A historical survey of international humanitarian law and the prosecution to war criminals will be considered, with emphasis on post World War II development including the International Military Tribunals (Nuremberg and Tokyo Tribunals), the two ad hoc international criminal tribunals for the former Yugoslavia and Rwanda and the hybrid tribunals for Sierra Leone, East Timor and Cambodia. The substantive jurisdiction and procedural law of the ad hoc criminal tribunals will be discussed, highlighting theoretical and practical problems associated with the international prosecution of war criminals. The course will conclude with a consideration of the problems associated with the establishment and a consideration of the first cases of the International Criminal Court.

Law Practice Seminar for LL.M. Students
Credits: 1 Type: SEM
This seminar will explore various topics related to externship placements, including the following: goal-setting, supervision, legal research, ethical issues in practice, professionalism and, through student presentations, a variety of issues raised in individual fieldwork settings.

This course is a one-credit course that is open by permission only.   Permission will be granted only to students who have secured their own externship placements and received approval from the LL.M. program office to receive externship credit for the placement.

This is a one-week course that will meet on seven dates throughout the semester.  Specific dates will be announced in the beginning of the semester.

This course will be graded on a Credit/No Credit basis.


Law, Society, and Rights in Asia
Credits: 2 Type: SEM
The 21st century has often been heralded as the "Asian century," characterized by economic development, increased political clout, and unprecedented social and cultural change. Students in this class will explore how these forces affect human rights, in law and in practice, in Asian societies. This will include particular focus on the emergence of human rights norms in Asia, in both domestic and regional settings, and successful advocacy strategies for human rights law practitioners. Particular substantive issues will include freedom of expression and the impact of telecommunications technology; the ongoing dynamics of human rights and counter-terrorism; the role of corporations in addressing human rights impacts, and the increasing consequences of migrant  populations, including migrant workers and refugees.
 

Lawyering in Spanish
Credits: 2 Type: SEM
"This course, designed for students with proficiency in Spanish will introduce Spanish legal terminology generally and in a range of practice areas, including contract law, banking law, criminal law, family law, immigration, human rights, and international dispute resolution. The course will consist of reading and drafting Spanish-language documents, role play, and guest speakers who work in the respective fields of practice. The medium of instruction will be Spanish.

Legal Advocacy and Human Rights in China
Credits: 3 Type: SEM
Through this seminar, students will explore how Chinese public interest lawyers navigate the Chinese legal system. The seminar will look especially at lawyers who have been a part of the ?rights defense? movement in China who represent clients in a range of criminal and civil cases that touch on issues including property rights, healthcare, land rights, women?s rights, religious freedom, and workers? rights. Students will examine the Chinese legal framework and the challenges and opportunities for public interest lawyers within that system who seek to support human rights. Bridging theory and practice, students will undertake advocacy projects that consider what strategies work for lawyers to best represent their clients? interests or advocate for legal reform, through consideration of legal advocacy, international lobbying, and media advocacy. Students will examine experiences in other countries and consider how best practices from those experiences may be developed and integrated within the Chinese context. Knowledge of Chinese Law, language, and history not required.

Legal Institutions and Economic Activities
Credits: 2 Type: SEM
This course examines the history of legal institutions and laws most relevant to economic activity (such as property rights, contract rules and business organizations) and economic performance. It is generally accepted that legal institutions and legal rules can be important factors in economic growth and development. However, a non-historical economic analysis of law is not sufficient. History matters. As a World Bank Report states: “Understanding the processes and mechanisms by which … ‘institutions’ in the abstract came to take specific concrete forms in particular times and places, how political and social processes of institutional change were encouraged and/or thwarted, and what such understandings might tell us about contemporary policy efforts to ‘improve’ institutions in settings often far  removed (geographically, culturally, politically) from quantitative data, on which those understandings were generated.”

The first part of the course looks at certain historical periods, eg, pre-historical eras, Egypt/Mesopotamia, classical Athens, Rome, medieval and early modern Europe, the Industrial Revolution, and Qing China. The focus is on legal institutions against a background of economic history, with discussion of their possible relevance to contemporary development issues. Cross-period issues also will be examined, including:  the role of firms and business organizations in economic growth; the role of (intellectual) property rights in economic growth; the role of legal institutions in the Industrial Revolution; the “Great Divergence” between China and the West after 1800; the comparative development of North America and South America after 1500; Islamic law and economic development; and the Legal Origins Debate.  Other topics may be covered, depending on the interests and experiences of the course participants.

             

Legal Process
Credits: 1 Type: LEC
This course includes the study of the sources of American law and analysis and synthesis of court decisions. The interpretation of statutes, the guides to such interpretation, the interrelation between case and statutory law, and the characteristic differences between case law and legislation are also treated.

Additional information: This is a first-year course taught during orientation.

Legal Process & Quantitative Methods
Credits: 1 Type: LEC
Legal Process will teach new law students about cases, statutes, and other sources of law, with emphasis on common law reasoning and how law develops. Students will be introduced to court structures and the litigation process, as well as fundamental concepts of law and legal argument. Legal Writing and Legal Practice will introduce students to certain essential lawyering skills.
Quantitative Methods for Lawyers will teach simple concepts and vocabulary, and introduce quantitative reasoning skills that lawyers need.  It will consist of six hours of instruction and cover the following topics:
1. Supply and demand, markets and externalities
2. Cost-benefit analysis
3. Probability and causation
4. Expected value and the time value of money
5. Reading financial statements
6. Ethics and the role of the lawyer
Each hour of Quantitative Methods will be taught by a different member of the full-time faculty.  A unifying problem will tie all the modules together.

Legal Writing and Research
Credits: 2 Type: LEC
Training in analysis of legal problems, the legal process, legal writing, and legal research. This is a small-group required course that meets weekly for approximately twelve weeks in the fall semester and eight weeks in the spring. The fall semester focuses on objective writing (law office memoranda) and common law research, while the spring semester concentrates on advocacy writing (briefs) and oral argument skills. Although the number and length of the writing assignments are uniform for all writing sections, the content of the problems varies from professor to professor. Legal research sessions, which meet in a different time slot for six weeks in the fall semester, are conducted by lawyer-librarians on the law library staff. Students learn the process of legal research using basic primary and secondary sources in both print and electronic formats. The course also introduces students to the lawyering skills of interviewing and negotiating.

Additional information: This is a first-year course.

Legal Writing and Research for LLMs
Credits: 2 Type: SEM
Designed for foreign-trained LL.M. students, this course provides an introduction to basic principles of American legal writing and research. Students review American research techniques and prepare documents such as memoranda, contracts, and client letters.
LL.M. Notes: The course (either with or without the ESL component) is mandatory for LL.M. candidates; enrollment is determined by the Graduate Program.  Required for foreign-trained students. 

When is this course offered? Fall and Spring semesters

Legal Writing and Research for LLMs (ESL)
Credits: 3 Type: SEM
Designed for foreign-trained LL.M. students, this course provides an introduction to basic principles of American legal writing and research. Students review American research techniques and prepare documents such as memoranda, contracts, and client letters.  This section will be taught using ESL techniques and will include a focus on developing legal English skills.
LL.M. Notes: The course (either with or without the ESL component) is mandatory for LL.M. candidates; enrollment is determined by the Graduate Program.  Required for foreign-trained students.

Legislation and Regulation
Credits: 4 Type: LEC
Statutes and administrative regulations are fundamental to modern legal systems and their interpretation is central to much of contemporary legal practice. This course introduces students to the processes by which legislation and regulations are enacted, to the rules, conventions, and dilemmas that characterize their interpretation by courts and agencies, and to the basic structure of administrative law.

Legislative Drafting
Credits: 3 Type: SEM
This course teaches basic techniques of statutory and regulatory drafting.  Students engage in a series of redrafting and editing exercises and then undertake the original drafting of a series of increasingly complex statutes.  Through related readings, the class also explores how the legislative process and principles of statutory interpretation (including the canons of statutory construction and the use of legislative history) affect the drafting process.

Litigation & Advocacy In Administrative Proceedings
Credits: Seminar-2 | Practical Experience-1
This is a skills-focused practicum combining an immigration field-placement with a weekly seminar in support of and to complement the field experience.   The course is designed to prepare students to creatively approach problems and develop strategies in administrative/quasi-judicial proceedings.   Through field placements, case studies and, simulations, students will encounter typical scenarios from all phases of this type of an administrative practice with an emphasis on methods of developing facts including interviewing, direct examination, case theory development and planning, witness preparation, document identification and, opening and closing statements.  

Each week students will have an opportunity to discuss the experiences gained through working for an immigration service provider.  During the seminar portion of the practicum we will engage in discussions and  simulation exercises designed to mirror real life situations faced by lawyers in these proceedings.   Complementary  topics will  include the right to counsel, the charging process, discovery , prosecutorial discretion, the intersection between criminal law and immigration, and the application of the Exclusionary Rule in the context of immigration proceedings.  Rules of conduct and legal ethics will also be covered.

The semester will conclude with a mock hearing at the immigration court.

PRACTICAL EXPERIENCE– 1 Credit
Students will have the opportunity to will work at one of several immigration service providers.   It is expected that a student will work a minimum of 5 hours a week for 13 weeks.  Visits to the immigration court at 26 Federal Plaza, the detained court at Varick Street, and the U. S. Court of Appeals for the Second Circuit will be part of the practicum.


Litigation Management For The International Lawyer
Credits: 3 Type: LEC
This course aims to provide students with an overview of the various stages of a United States litigation involving foreign parties including practical advice in how to manage the litigation spanning multiple jurisdictions.  At the outset of the course, students will presented with a fact pattern involving a foreign company being sued for a mass tort in the United States.  Students will take on the role of the law firm hired by the foreign company to handle this complex, multi-jurisdictional litigation.  The course will follow this litigation from the filing of complaints throughout the United States all the way through trial and appeal.  Specifically, students will learn and discuss issues such as jurisdiction, evidence, discovery (including e-discovery), class actions, and certain compliance issues.  Students will be presented with issues that arise at various stages of an American litigation and understand strategic considerations and techniques for managing these issues.  This course is intended for International L.L.M. students.

Litigation Management for the International Lawyer (LLM)
Credits: 3 Type: LEC

This course aims to provide students with an overview of the various stages of a United States litigation involving foreign and U.S. parties including practical advice in how to manage the litigation. At the outset of the course, students will presented with a fact pattern involving a foreign company having potential claims against it and but also having its own claims against the adversary party. The case will be a commercial dispute involving potential contract and fraud claims, including possible violations of U.S. statutes. Students will discuss and decide initial issues of where to sue, including whether to bring  the lawsuit in a Federal or New York State Court, what claims or counterclaims to allege, and which parties to include. Students will take on the role of the law firm hired by the foreign company to handle this complex litigation. The course will follow this litigation from the filing of the complaint all the way through trial and appeal. Specifically, students will act as the lawyers  and will make decisions on important litigation issues such as jurisdiction, venue, which claims and defenses to assert in the complaint, answer, and counterclaims, motions, discovery (including e-discovery), class actions, certain compliance issues, trial, evidence, including choice of witnesses, direct and cross examination testimony, and what trial exhibits to be presented.  Students will learn about the issues that arise at various stages of an American litigation and consider strategic considerations and techniques for managing these issues. The course will include a visit to the courthouses in Manhattan and meeting with a Judge from these courts. The course will discuss U.S. litigation compared with the litigation approaches in other countries. The course will also touch on famous trials and the greatest law novels. This course is intended for International L.L.M. students.


LL.M. Drafting for Transactional Practice
Credits: 2 Type: SEM

In this skills course, students will learn the foundation skills of negotiation, client management and contract drafting.  Students will work through the process of translating deal terms into contract concepts through a series of lectures and in-class drafting sessions.  Additionally, students will engage in mock negotiations and client communications. Guest lecturers with substantive area expertise will work with students during drafting sessions on identifying strategies geared toward avoiding litigation. Students will complete a series a drafting and writing assignments and will be responsible for a final group project. 


Pre-requisites:

None required, but suggested to take contracts for LL.M. as prereq or concurrently.


LLM Drafting in Intellectual Property and Information Technology
Credits: 2 Type: SEM
The course will build on analytical and writing skills and will provide you with opportunities to sharpen your legal analysis through various types of documents commonly used in IP/IT representation, including a cease and desist letter, a client opinion letter, a Co-Existence Agreement, and a legal memorandum. We will examine legal arguments and will study the conventions and expectations unique to each of the documents you write. Additionally, we will conduct legal research for the legal memorandum, which reinforce researching skills, and work together with classmates on various assignments to build team lawyering skills.

LLM Drafting in Intellectual Property and Information Technology | Professor Eckstein
Credits: 2 Type: SEM
This course will build on analytical and writing skills and will provide you with opportunities to sharpen your legal analysis through drafting various types of documents commonly used in IP/IT representation, which may include a cease and desist letter, work made for hire agreement, license agreement, on-line agreements such as privacy policy and terms of use, and legal memorandum. We will examine legal arguments, specific provisions and will study the conventions and expectations unique to each of the documents you write. Additionally, we will conduct legal research for the legal memorandum which will also influence the agreements you draft.  For various assignments you will negotiate with classmates who represent opposing interests and draft agreements reflecting your negotiations.

Mass Media and Internet Law
Credits: 2 Type: SEM
A study of the scope of First Amendment protection of a free press and the current regulatory framework of the mass media. Specific topics include defamation, privacy, prior restraints, reporters privileges, access to governmental information, the free press fair trial conflict, the media's role in the electoral process, access to the media, regulation of broadcast and cable television, commercial speech and advertising, and obscene or indecent communications.

Mass Media Law
Credits: 3 Type: LEC
A study of the scope of First Amendment protection of a free press and the current regulatory framework of the mass media. Specific topics include defamation, privacy, prior restraints, reporters privileges, access to governmental information, the free press, fair trial conflict, the media's role in the electoral process, access to the media, regulation of broadcast and cable television, commercial speech and advertising, and obscene or indecent communications.

LL.M. Notes: Core course for LL.M. Intellectual Property & Information Technology Law Program

Mass Torts Litigation
Credits: 3 Type: SEM
Mass Tort Litigation and Complex Litigation explore the variety of difficult procedural and substantive issues that arise today in aggregate litigation, frequently (but not exclusively) in torts.

Media Law Drafting
Credits: 3 Type: SEM
In this course students learn to draft documents related to the practice of media law, from traditional media (print publishing, television, and film) to new media (internet and digital distribution). The assignments include pre-publication review of articles and scripts for potential defamation or disparagement claims, copyright and trademark-related drafting (including "lawyer's letters" to clients, advising on the risks of pursuing a particular mark, applications for copyrights/trademarks, and "cease and desist" letters), content licenses, freelance rights agreements, and media-related litigation and mediation documents (including letters demanding retraction/correction, complaints, motion practice, and settlement agreements).  The course exposes students to practical drafting situations through real-world fact patterns.

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Mediation and Lawyers
Credits: 2 Type: SEM
This interactive course will cover a theoretical and practical examination of the role of the lawyer in the mediation process covering deciding to mediate, selection of a mediator, pre-mediation submissions, negotiation techniques, preparation for and representing the client's broad range of interests at mediation, confidentiality, lawyer and mediator ethics, Court-annexed mediation programs, and the mediation process through its use of lecture, discussion, video and role-playing.

Mediation Clinic
Credits: 4 (3 seminar, 1 clinic) Type: CLN

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Additional information: Recommended course - Fundamental Lawyering Skills

Mediation, Negotiation and Arbitration Practicum
Credits: Year Long Course: Fall 2 credits & Spring 1 credit Type: SEM
Medical Products Liability
Credits: 2 Type: SEM
Drawing on the record of recent trials, decisional, regulatory, and statutory law this course focuses on the complex field of drug and medical products liability claims such as those involving the Cox-2 inhibitor class of anti-arthritic drugs, such as Vioxx, and devices like implantable cardiac defibrillators. Such products continue to challenge the tort and the regulatory systems. This course explores the concepts of product defect and strict liability in tort; manufacturing and design defects, and inadequate warning claims particularly as they arise in drug and medical device contexts.

What does it mean for a drug to be declared "safe and effective" given the limited effectiveness of both pre-approval clinical trials and the post-market approval passive adverse event reporting system? Should an FDA approved product be subject to state product liability claims? Are courts and juries competent to make the judgment that a drug is defective in design? Particular attention is paid to the product liability litigation which has followed the withdrawal form the market of the drug Vioxx. Key medical studies and review articles, Vioxx trial transcripts, and other trial documents are used to examine the questions of causal relationship and adequate labeling which are at the heart of such cases.

We address the relationship of product liability claims to other doctrinal issues in tort law: medical malpractice, the learned intermediary doctrine, direct to consumer advertising, and the informed consent doctrine; federal preemption and the FDA regulatory compliance defense; problems of proof - using epidemiological, toxicological, and other scientific evidence to prove causation of harm; Multi-District Litigation, consolidation, and the use of bell-wether trials to shape litigation; immunities and alternatives to liability in tort - "blood shield" laws, the National Childhood Vaccine Injury Compensation Act; and recent immunities for developers of products deployed as countermeasures for bio-terror, pandemics, and epidemics.

Mergers and Acquisitions
Credits: 3 Type: LEC
This course provides students with an understanding of the issues (and problems) that confront lawyers and their clients in business acquisition (and divestiture) transactions.  This course includes studies of the nature and structure of merger and other acquisition (and divestiture) transactions as well as of the statutes, regulations, and case law that govern these transactions.  More specifically, this course includes an examination of the rationales offered to explain the occurrence of these transactions, the techniques used to accomplish these transactions, and the legal rules relevant to these transactions.  As a general matter, the course approaches business acquisition (and divestiture) transactions from a practical (rather than a theoretical) perspective and focuses on the legal (rather than financial) aspects of these transactions.

Co-requisites: Corporations

Mergers and Acquisitions Agreement (LLM)
Credits: 2 Type: LEC
Mergers and Acquisitions: Corporate Tax and Securities Law
Credits: 3 Type: LEC
This course considers the substance, form, and mechanics of corporate acquisitions.  It focuses on corporate, securities, and tax law aspects of corporate deal-making.  The course will cover some basic elements of corporate taxation and consider the requirements for tax-free treatment of corporate combinations and reorganizations.  It will also provide some insight into the practical considerations involved in the negotiation and drafting of merger agreements.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

Modern Chapter 11 Practice
Credits: 2 Type: SEM
The sale of financially distressed firms as a going concern has been the dominant trend in U.S. business bankruptcy law for the last ten years.  An increasing proportion of bankrupt firms use Chapter 11 not as a traditional reorganization mechanism but as a convenient auction block.  Indeed, many firms now file for Chapter 11 in order to effectuate a going concern sale as opposed to writing down debt. This trend, that gained so much momentum, has led scholars to distinguish between a traditional and a modern Chapter 11 practice and, ultimately, debate over the need for Chapter 11’s very existence. 

Starting from the foundation of the U.S. corporate reorganization law, the equity receivership, this seminar will deal with the key issues arising in the course of distressed asset sales and attempt to explain how the current law, business and economic environment has favored sales over rehabilitations, thus changing the face of traditional Chapter 11 practice.

The final grade will be heavily determined (70%) by a paper of approximately 15 pages that will have to be submitted at the end of the semester. Class participation will be also taken into consideration (30%). Please note that this seminar may be used to satisfy the writing requirement.


Multinational Corporations
Credits: 2 Type: SEM
This seminar is intended to introduce the student to a range of legal issues facing business entities that operate in a "multinational" or "transnational" setting and more particularly, the legal issues which they face because they are multinational in character. Topics include methods of entry into other markets and alternative forms of organization; current trends in the use of joint ventures regulation of direct foreign investment; vulnerability of multinationals to country risk and expropriation; risk analysis and preventive use of contractual provisions; antitrust aspects of doing business multinationally, extraterritorial application of U .S. securities laws; international regulation and codes of conduct for multinationals.

Does this course satisfy the writing requirement? Yes

National Security and Civil Liberties in the 21st Century
Credits: 2 Type: SEM
 The course will be structured as an examination of constitutional and civil liberties controversies that have arisen in the context of national security decision-making by the U.S. government, with a particular focus on the period after September 11, 2001.  These legal issues may include, but are not limited to, the Foreign Intelligence Surveillance Act and domestic law enforcement investigations; the detention, treatment and trial of detainees held by the U.S.; the targeted killing of terror suspects; the First Amendment and terror investigations and prosecutions; the relative merit of federal terror trials versus military tribunals; and the necessity and use of government secrecy versus the right of the public to know about government policy and practice.  The course will feature guest lecturers who are leading practitioners and thinkers in their respective fields.  Textbook: The textbook will be the Dycus, Berney, Banks, Raven-Hansen, National Security Law (5th ed.).  Supplemental readings will be provided.

Does this course satisfy the writing requirement? Yes

National Security and Foreign Affairs
Credits: 3 Type: LEC
National Security Law
Credits: 2 Type: LEC
This course will examine the U.S. legal regimes governing: foreign and domestic intelligence operations, including intelligence collection and covert operations; the investigation, detention, prosecution, and trial of terrorists; the decision whether and how to use of military force, with an emphasis on separation of powers questions; and the control of national security information, with topics including classification, congressional oversight, public access and leaks.

Does this course satisfy the writing requirement? Yes

Enrollment Cap: 20

Native American Law
Credits: 2 Type: SEM
This course is aimed at a comprehensive understanding of Native American law and the history that has formed this law.  Native American Law is in a sense the most all-encompassing of any field of law, as it necessarily entails the study of the Constitution, federalism and the federal system, international law, the full span of American (and colonial) legal and political history, criminal and civil law and jurisdiction, administrative law, civil rights, the Commerce Clause, the Treaty Power, the First Amendment, resource rights, trust law, economic development and the laws of other nations.  The course will explore the divisions and contentions among Indian, federal, state and international authorities by moving in a chronological fashion from the early colonial era to the most recent meetings of the United Nations Permanent Forum on Indigenous Issues.

Natural Law
Credits: 2 Type: SEM
This course will examine the theoretical foundations and practical implications of natural law theory. Because "natural law" is often taken to mean many different things, one of the course's first aims will be to establish a common vocabulary for identifying and distinguishing the various "versions" of natural law theory: e.g., classical-teleological, utilitarian, and deontological-contractarian. We will see that a common denominator in all natural law theory is the proposition that positive law (i.e., law as it is simply "posited" or enacted by lawmakers) does not exhaust the content of the law, and can be evaluated in light of a "higher law" or a "natural law." Our ensuing discussion of the difference between positive law and natural law will open onto a series of questions that will guide us through the rest of the course:

"Is there really a natural law?"
"If there is a natural law, what is the basis upon which this law exists and becomes knowable to us?"
"If natural law exists, then what is its moral content and what does this moral content have to say about individual goods and their relation to the common good?"
"Furthermore, how is the moral content of natural law to be enforced or made effective through our system of positive law?"
"Finally, how are we to make sense of the natural law tradition in light of our contemporary understandings of judicial review, governmental neutrality, and reasonable pluralism?"

The course will not only introduce the classical natural law tradition (based mainly on the thought of Aristotle and Aquinas), but will place this classical tradition in dialogue with contemporary thinkers. The ultimate aim of the course will be to achieve an understanding of the natural law tradition and its relevance for a variety of contemporary legal issues. No prior acquaintance with philosophy or jurisprudence is assumed; the relevant concepts will be developed in class.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Negotiation and Mediation
Credits: 2 Type: SEM
"When assisting individuals and groups in resolving disputes, lawyers who act as negotiators and mediators frequently find themselves working with parties from diverse cultural backgrounds. Some of these individuals may speak different languages and/or be from different racial or ethnic backgrounds. To serve as competent negotiators and mediators and to develop a positive relationship with disputing parties, lawyers must be able to navigate the different cultural settings they will encounter. In this seminar, students will examine the theory and practice of negotiation and mediation as well as the behaviors and attitudes that contribute to cultural competence. Students will also be provided the opportunity through simulations to enhance their skills as culturally competent negotiators and mediators."

Negotiation and Mediation: Cross Cultural Perspectives
Credits: 2 Type: SEM
When assisting individuals and groups in resolving disputes, lawyers who act as negotiators and mediators frequently find themselves working with parties from diverse cultural backgrounds. Some of these individuals may speak different languages and/or be from different racial or ethnic backgrounds. To serve as competent negotiators and mediators and to develop a positive relationship with disputing parties, lawyers must be able to navigate the different cultural settings they will encounter.

In this seminar, students will examine the theory and practice of negotiation and mediation as well as the behaviors and attitudes that contribute to cultural competence. Students will also be provided the opportunity through simulations to enhance their skills as culturally competent negotiators and mediators.

Is this course open to LL.M. students? Yes

Negotiation, Mediation Practicum
Credits: 1 or 2 Type: LEC
This seminar is designed to provide an overview of negotiation and mediation theory and a forum in which to hone negotiation and mediation skills. The focus of the course will be on learning, practicing, and sharpening negotiation and mediation skills through simulated exercises. Registration is with the permission of the Professors and is limited to members of the Dispute Resolution Society.

Additional information: Year long course

Negotiations
Credits: 2 Type: SEM
Negotiation is a critical component of any practicing lawyer's daily work. Lawyers negotiate with their clients to develop transactional and litigation strategies, with their adversaries to conclude deals or lawsuits, with courts and governments to secure parameters of proceedings, and with their colleagues to manage their workloads. This course will explore the strategies and tools available to lawyers when negotiating in different forums. Students will learn how to prepare for negotiations, practice various tactics, explore individual and collective bargaining, and use Alternative Dispute Resolution resources. Students will participate in simulated exercises to develop their skills.

Does this course satisfy the skills requirement? Yes

New York Civil Practice for LL.M.'s
Credits: 3 Type: SEM
This three credit Seminar is for international LLM students. The course will cover the basics of New York State Civil Practice, including : jurisdiction;parties;statutes of limitation;service of process;provisional remedies;motions;accelerated judgement;discovery;trial;enforcement of judgements; and appeal. The course is designed to be helpful to students planning to take the New York State Bar Exam.

New York Criminal Procedure
Credits: 2 Type: LEC
Detailed study of the various steps in handling a criminal case in the New York courts, with emphasis on the CPL, including criminal court structure, motion techniques, bail, grand jury proceedings, and pretrial discovery. Real life illustrations of methods and tactics in applying the statute and case law.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

When is this course offered? Fall and Spring semesters

New York Evidence in Theory and Practice
Credits: 2 Type: LEC
New York Practice
Credits: 3 Type: SEM
This class covers the basic rules of New York civil procedure under the New York Civil Practice Law and Rules, concentrating on commercial cases in Supreme Court. The class will be taught from the perspective of a commercial litigator in private practice. Among the topics covered are: the New York Court system; subject matter jurisdiction; venue; personal jurisdiction; pleadings; commencement of an action; service of process; appearance of the parties; bill of particulars; statutes of limitation; accelerated judgment (motions to dismiss, summary judgment, default); disclosure and discovery; pre-trial and calendar practice; joint & several liability and contribution; provisional remedies; appellate practice; special proceedings; sanctions, rules of conduct and legal ethics. This class will not cover evidence, trial practice, post-trial motions, or enforcement of judgments.

When is this course offered? Fall and Spring semesters

Non Adversarial Justice
Credits: 3 Type: SEM
This course explores the language of Conflict resolution through introducing four alternative movements in law: Alternative Dispute Resolution, Restorative Justice, Therapeutic Jurisprudence and Transitional Justice. The six principles which are considered as foundational for alternative movements are: an emphasis on process; an emphasis on constructive conflict intervention; deconstruction and hybridization; a search for an underlying hidden layer; acknowledgement of emotions and relationship; community work and bottom up development. Each principle is discussed with reference to philosophical and jurisprudential ideas; an overview of the appearance of the principle within alternative movements is presented; and a unique alternative practice which demonstrates the operation of the one of this principle is studied and exercised. In particular, the course deals with therapeutic lawyering, problem solving courts, victim offender mediation, therapeutic judging and truth and reconciliation committees

Nonprofit Law
Credits: 2 Type: SEM
The nonprofit sector is a powerful and important part of the economy that is highly regulated by both state and federal law. This course blends business law, tax law, public interest law, and constitutional law. It considers many of the unique legal and policy issues that face charities, including eligibility for tax exemption, restrictions on political activities, prohibition on private benefit for individuals, regulation of fundraising, and limitations on commercial enterprise. The course compares the law and theory of business organizations with that of nonprofit organizations in the context of fiduciary duties and executive compensation.

Nonprofit Organizations and Philanthropy
Credits: 2 Type: LEC
The nonprofit sector is a powerful and important part of the economy that is highly regulated by both state and federal law. This course blends business law, tax law, public interest law, and constitutional law. It considers many of the unique legal and policy issues that face charities, including eligibility for tax exemption, restrictions on political activities, prohibition on private benefit for individuals, regulation of fundraising, and limitations on commercial enterprise. The course compares the law and theory of business organizations with that of nonprofit organizations in the context of fiduciary duties and executive compensation.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

When is this course offered? Fall and Spring semesters

Nuclear Weapons and International Law
Credits: 2 Type: SEM
This seminar will address issues as to the lawfulness under international law of the use or threat of use of nuclear weapons. The course will focus upon such matters as the following: applicable rules of international law, as articulated by the United States; the United States' position as to the application of such rules to nuclear weapons; the 1996 advisory decision of the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons; relevant judicial decisions subsequent to the ICJ decision; and generally accepted principles of international law applicable to the analysis. The course will also focus upon the facts that are central to the legal analysis, including the characteristics and effects of nuclear weapons, U.S. policy as to the circumstances in which it might use nuclear weapons, the theory and implications of deterrence, and identifiable risk factors as to the potential effects of the use of nuclear weapons. This will be a paper course and students will be required to present their papers in class. The primary text will be Charles J. Moxley, Jr., Nuclear Weapons and International Law in the Post Cold War World (Austin & Winfield 2000).

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Old Media, New Media, The Internet and The First Amendment
Credits: 2 Type: SEM
This course compares the First Amendment rights of newspapers, radio and TV, cable-TV and the Net. It addresses the question of whether the Net has, or should have, greater First Amendment rights than other forms of media. Some attention is paid to how the different forms of media work "in real life."

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 20

Does this course have a waitlist? No

Organized Crime
Credits: 2 Type: SEM
This course will focus on selected legal and practical issues that arise from investigation, prosecution and defense of organized crime groups. Topics will include defining organized crime, choosing an investigative target, the concept of entrapment, electronic surveillance, the use of informants and undercover agents, RICO, OCCA, money laundering, forfeiture, the federal witness protection program, anonymous juries and the right to counsel of choice. Federal law will be compared to New York State law with a view towards examining their differences and how those differences have an impact on choosing whether to investigate and prosecute federally or in the New York State system. The course will include panel discussions with agents, prosecutors and defense counsel.

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

Parent, Child & State
Credits: 3
This course will examine the legal rights of parents and children in a constitutional framework, as well as the state's authority to define and regulate the parent-child relationship.  Particular attention will be paid to the child welfare system as well as the definitional challenges posed by non-traditional families and assisted reproductive technology.  The course complements, and does not duplicate, Family Law. 

Partnership & LLCs
Credits: 2 Type: SEM
Half of this course is devoted to the law of partnership, and half to the law concerning limited partnership and limited liability companies.  In partnership, the focus is on practical issues arising in commercial and law partnerships, notably those relating to the management of partnerships, agency powers of partners, strong fiduciary duties among partners, specific duties when partners leave or are expelled, the allocation of profits and losses, the handling of property rights, and continuation versus dissolution of partnerships.  We will review the rules of both the Uniform Partnership Act and the Revised Uniform Partnership Act, as well as basic agency law rules.

 Limited partnerships are commonly used in real estate development, oil and gas exploration and extraction, and in the launching of high technology enterprises.  The coverage of limited partnership law centers upon the management powers and fiduciary duties of general partners, the status and rights of limited partners and the extent of control limited partners can exercise over general partners.  We will examine the relevant provisions of the Uniform Limited Partnership Act and the Revised Uniform Limited Partnership Act.

In the relatively new field of limited liability companies, now customarily used instead of closely held corporations, we will review their legal nature, mode of creation, the doctrine of piercing the corporate veil, alternative forms of manager-managed and member-managed LLCs, management structure and the fiduciary duties of managers and members.  We will concentrate on the New York and Delaware LLC statutory provisions.


Partnership Taxation
Credits: 3 Type: LEC
Partnerships & LLCs
Credits: 2 Type: SEM
This course surveys the law of unincorporated business entities, i.e. partnerships, including the limited partnership (LP) and limited liability partnership (LLP) as well as the limited liability company (LLC). The main focus is on partnerships and LLCs, both from an analytical perspective and from a planning perspective. We will analyze legal problems involved in the formation and operation of closely held businesses.
In partnership, the focus is on practical issues arising in commercial and law partnerships, notably those relating to the management of partnerships, agency powers of partners, fiduciary duties among partners, specific duties when partners leave or are expelled, the allocation of profits and losses, the handling of property rights, and continuation versus dissolution of partnerships.

Limited partnerships are commonly used in real estate development, oil and gas exploration and extraction, and in the launching of high technology enterprises. The coverage of limited partnership law centers upon the creation of an LP, the status and rights of limited partners and the extent of control limited partners can exercise over general partners. In the field of limited liability companies, now customarily used instead of closely held corporations, we will review their legal nature, mode of creation, alternative forms of manager-managed and member-managed LLCs, management structure and the transfer of interests.


Patent Law
Credits: 3 Type: LEC
The course surveys the following aspects of patent law: the requirements for obtaining a patent, the rights obtained by the grant of a patent, procedure in securing a patent, licensing of a patent and a brief introduction to international aspects of patent protection. The course deals mainly with issues of substantive law and is not a preparation for the Patent Bar exam, which is more procedural in focus. The course aims to provide a basic framework on which to build for those who have no previous knowledge of patents and to assist in putting knowledge acquired on the job by those working in the patent profession into its proper context.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Intellectual Property & Information Technology Law LL.M. Program? Yes

LL.M. Notes: Core course for LL.M. Intellectual Property & Information Technology Law Program


Patent Litigation
Credits: 2 Type: SEM
The course covers all aspects of patent litigation from pre-filing considerations to appeal and is designed to address problems that arise in real-world lawsuits. Particular attention is devoted to initial pleadings, discovery, motion practice, and the use of technical experts at trial. The role of juries in patent litigation is also discussed, including the recent advent of so-called Markman Hearings. Lastly practical trial preparation techniques, trial practice, and the law of remedies will be explored.

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Intellectual Property & Information Technology Law LL.M. Program? Yes

Patent Practice Skills
Credits: 2 Type: SEM
The patent practice skills course provides students with the opportunity to learn and apply fundamental patent law skills to a variety of practical, real-life situations.  Through a series of fact based exercises and complementary text and case law readings, students will analyze a proposed invention, conduct a prior art search, determine the patentability of the proposed invention, draft a patent specification, claims and an information disclosure statement, and respond to a USPTO office action.  Students will also learn the fundamentals of performing a freedom to operate analysis, crafting a simple patent license, conducting a patent due diligence in connection with an acquisition, and preparing a request for reexamination.  Students will explore cutting edge patent law issues in a practice-oriented context that will help them not only develop specific patent practice skills, but will help them understand and apply important patent law principles and cases.

Pre-requisites: Patent Law

Patents and the Pharmaceutical Industry
Credits: 2 Type: SEM
Pharmaceuticals are one of the few fields where most experts agree that without patent protection there would be little or no innovation. Research based pharmaceutical companies have since the early 60's consistently delivered successful new cures for the diseases that afflict us. However, the reputation of this industry along with pharmaceutical patents has never been worse. This course will try to answer why and what should be done about it.

Perspectives in U.S. Law I
Credits: 2 Type: LEC
This two-credit course surveys core U.S. legal doctrine in a number of areas such as contracts/sales, real property, torts, family law, and wills. These core topics will then be analyzed from the perspective of the New York courts. Periodic exams throughout the semester and a final exam will test the students' knowledge in these areas through practical application.

When is this course offered? Fall semester only

LL.M. Notes: Open to LL.M. students only. This course does not count towards the 12 credits required for each program but does count towards the overall 24 credits for the LL.M. degree.

Perspectives in U.S. Law II
Credits: 4 Type: LEC
This course will examine current American law based on case law and statutory law related to selected topics in contracts, criminal law,wills corporations, domestic relations and New York Practice with special emphasis on New York distinctions. Note: No prerequisite required for this course.

When is this course offered? Spring semester only

Police Interrogation
Credits: 2 Type: SEM
The seminar will examine the history of the self-incrimination principle, the doctrinal basis for Miranda?s holding, the policy choices manifested in Miranda?s approach to police interrogation, and the effect that Miranda has had on police interrogation and the rate of confessions.

Poverty Law
Credits: 3 Type: LEC
This course focuses on the legal rights of the poor, policies affecting poor people, and tools that lawyers can use to advocate on behalf of economically disadvantaged individuals and communities. In this context, the course will explore legal issues and concerns including government benefits and welfare reform, constitutional protections for the poor, the intersection of race, gender and poverty, access to legal services, work and education, disability, immigration, housing, and political participation.

Practice of Law in Public Sector
Credits: 3 Type: SEM
This seminar will seek to replicate practice conditions in a General Counsel’s Office of a governmental agency.  Students will serve principally as colleagues in addressing a broad range of issues that a government lawyer might be expected to encounter in the everyday practice of law, including transactional, general advice, and litigation-oriented assignments. With some guidance, students will be expected to conduct independent legal research on the topics being covered, and a portion of every weekly seminar will be devoted to practice skills exercises:  presentations to colleagues and clients, preparation of advice memos to clients, fact-finding investigations and litigation skills development.  Case studies and issues will be presented and analyzed with a view towards the legal and public policy implications of proceeding down any given path.  Students will also   participate as “adversaries” in a variety of settings, including mock settlement discussions, mediations, and oral arguments.  
The semester will be divided roughly into three modules, with one significant written assignment to be completed for each module.  The first module, loosely characterized as organization and governance, will look to the powers, duties, mission and responsibilities of public agencies, including how they are held accountable to the public in the conduct of their affairs.  Typical constitutional issues will be addressed in this module as well, such as First  Amendment rights of employees and development of rules governing expressive conduct in public places.  The second module will focus on litigation topics, and will follow a multi-million dollar commercial dispute through initial presentation of a problem, pre-litigation settlement attempts, a federal court complaint, a settlement agreement and a post-settlement arbitration proceeding on an open legal issue.  Emphasis will also be placed on the factual development skills needed to present or defend a summary proceeding in New York State courts (“Article 75” or “Article 78” proceedings), typical tasks needed by those who litigate for or against governmental bodies.  Students will be asked to review, analyze and critique affidavits and briefs submitted in actual court cases.  The final module will focus on non-litigation activities typically encountered in a law department of a public agency, such as project development and implementation, including procurement methodology and competitive bidding, environmental and public participation considerations, development and drafting of key contractual provisions in commercial or construction contracts, and consideration of employment-related issues, such as civil service and public sector labor law provisions.  
 

 


President Succession Clinic
Credits: 4 credits (Seminar 2 & Fieldwork 2) Type: CLN
Private Equity Deals
Credits: 2 Type: SEM
While private equity once existed on the margins of the U.S. economy, recent years have witnessed the significant expansion of this asset class and its role in global economic affairs. This practice-oriented seminar introduces students to the business and legal issues common to private equity deals. Buyout funds can now organize billion and multi-billion dollar corporate acquisitions and the seminar will explore the fundamental features of the acquisition process and the agreements that govern private equity deals. The seminar will include readings from actual transaction documentation, relevant articles and commentary and recent court developments. The seminar will also include guest lectures given by specialists from the private equity deal practice. The central goal of the seminar is to provide a basic understanding of the big picture and the actual details that are involved in putting together and closing private equity deals.

Pre-requisites: Corporations

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Problem Solving Justice: Courts as Agents for Social Change
Credits: 2 Type: SEM
Over the past fifteen years, more than a thousand "drug courts" have been created in state courts across the country, in response to an epidemic of drug-related crime and dissatisfaction with traditional court procedures. At the same time, a number of other "problem solving" tribunals like domestic violence courts, community courts and mental health courts have been established. These courts, which represent self conscious attempts by the judiciary to construct court processes that achieve different outcomes than traditional approaches, raise a number of provocative questions. Does a problem solving approach jeopardize the integrity of the courts? Does it compromise due process protections? And do these courts "work"? The goal of this course is to chart the history of problem solving reform, to discuss how problem solving fits within the American legal tradition and to analyze the role that courts can and should play in addressing social problems like drug addiction, domestic violence and child abuse and neglect. The course will include visits to both traditional and problem solving courts.

Products Liability
Credits: 3 Type: SEM
This course explores  the concepts of product defect and strict liability in tort; manufacturing and design defects, and inadequate warning claims particularly as they arise in drug and medical device contexts.   What does it mean for a drug to be declared “safe and effective” given the limited power  of both pre-approval clinical trials and the post-market approval  passive adverse event reporting system.   The course will address the relationship of product liability claims to the principal  doctrinal issues in tort law (warranty, strict liability, negligence). 
Drawing on the record of recent trials, decisional, regulatory, and statutory law this course focuses on the complex field of drug and medical products liability and will explore claims such as those involving the Cox-2 inhibitor class of anti-arthritic drugs (Vioxx) which resulted in substantial settlements;  and claims arising from defective implantable cardiac defibrillators which the Supreme Court found to be barred by federal preemption law.  Attention will also be given to vaccine liability and the schemes which replace tort liability with narrow administrative remedies. 

Professional Responsibility
Credits: 3 Type: LEC
This survey course covers the following topics: organization of the Bar; discipline; duty to courts, clients, public and fellow lawyers; fiduciary duty advocacy and the adversary system; fees; solicitation; morality at the Bar.

LL.M.students may register only by permission from the LL.M. office.


When is this course offered? Fall and Spring semesters

Additional information: Students who are interested in pursuing their studies in professional responsibility beyond the initial three-credit courses may enroll in the Advanced Seminar in Ethics in Public Interest Law.

Professional Responsibility | Professor McShea
Credits: 3 Type: LEC
This course is an introduction to professional responsibility, also known as the law governing lawyers.  Principal topics are: the Attorney-Client Relationship (Confidentiality and Privilege, Agency, Fiduciary Duty, Loyalty & Diligence, Duty to Inform and Advise, Autonomy of Attorneys and Clients);  Conflicts of Interest (Concurrent, Successive, Personal, Imputed); Ethics in Advocacy and Transactional Work; Lawyers for Organizations (conflicts & confidentiality in entity representation); Control of Quality: Reducing the Likelihood of Professional Failure; Discipline and Bar Admission; and Free Speech Rights for Lawyers.  The course will be taught as a seminar and class participation is essential.  There will be 5 short papers assigned during the semester; no final exam.

LL.M.students may register only by permission from the LL.M. office.


Professional Responsibility | Professor Pearce
Credits: 3 Type: LEC
Professional Responsibility explores the rules and law governing lawyers, the way lawyers find meaning in their work, and the role of lawyers in society.  This course covers the major doctrinal topics in the field, including the unauthorized practice of law, the lawyer-client relationship, finding and billing clients, confidentiality, conflicts of interest, and duties to the legal system, the profession, and non-clients.  The course also introduces students to professionalism, the debate regarding the proper role of the lawyer, and the question of why lawyers have special privileges and responsibilities.  The course uses old MPRE questions and other multiple choice questions to focus the readings and the class discussions.

LL.M. students may register only by permission from the LL.M. office.


Professional Responsibility Ethics and Corporate Practice
Credits: 3 Type: LEC
"The practice of law for the 21st century attorney often will involve representation of corporate clients in either law firms or corporate legal departments. For those lawyers who practice in this area, the behavior of corporations and the lawyers who advise them are subject to increasing scrutiny. The course will examine the ethical issues that arise for lawyers in the context of representing a corporate client. Using the Legal Ethics and Corporate Practice textbook authored by Professors Regan and Bauman, this course will be organized around the various kinds of work that corporate lawyers do and the ethical and professional responsibility issues that arise

Does this course satisfy the skills requirement? Yes

Professional Responsibility: Advanced Public Interest Seminar
Credits: 3 Type: SEM
The course examines issues of law, practice and theory relating to the work of lawyers in public interest settings. Students, in the course, work in small groups on projects assigned by actual public interest organizations, with supervision from the seminar faculty and from attorneys at those organizations. Course requirements include ongoing presentations regarding the project, a final product for the organization that usually takes the form of a manual or report, and an analytic paper based on the project. The seminar requires a substantial time commitment and a willingness to work in conjunction with other students and lawyers.

Does this course satisfy the writing requirement? Yes

Additional information: This course does satisfy the Professional Responsibility Requirement.

Professional Responsibility: Civil Litigation
Credits: 3 Type: LEC
This is a basic course on professional responsibility with a particular emphasis on ethical problems of interest to civil litigators.  This is a three credit course.  The text is Lerman and Schrag, Ethical Problems in the Practice of Law (Aspen 2005).  Like most professional responsibility courses, this one will use the ABA Model Rules of Professional Conduct, and supplemented by reference to the New York Rules of Professional  Conduct, to examine basic duties to the client (e.g., competence, confidentiality, conflicts of interest, consultation) as well as to third parties, the courts and the public.  We will examine standards of civility and the need to treat others with courtesy and respect.  Particularly, this course will focus on ethical issues of interest to civil litigators.  These include ethical dimensions of settlement negotiations, discovery and evidence gathering and especially e-discovery (e.g., inadvertent disclosure of confidential information, the use of deception in undercover investigations), and client and witness perjury, interviewing and coaching.  This is a discussion course which will employ both hypothetical problems and those that have arisen in the experience of the Professors to think through ethical issues confronted by practicing lawyers.  Our class discussions will be broad-reaching and may include experiences from practicing lawyers who have faced similar issues.
 

Professional Responsibility: Corporate Counsel
Credits: 3 Type: LEC
The role of in-house corporate counsel has changed radically over the last twenty years. Their numbers have increased substantially, and they often negotiate transactions and supervise litigation in ways that diminish the power and authority traditionally wielded by outside counsel. This course explores the ethical implications of these changes and the new role of corporate counsel. The course materials include cases, law review articles, newspaper accounts of significant events and problems. From time-to-time distinguished practitioners will be invited to address the class.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

Additional information: Satisfies Professional Responsibility requirement.

Professional Responsibility: Ethical Issues in Civil Litigation
Credits: 3 Type: SEM
This is a basic course on professional responsibility, with a particular emphasis on ethical problems of interest to civil litigators.

This is a three credit course, with an in-class examination.  The text is Lerman and Schrag, Ethical Problems in the Practice of Law (Aspen 2005).

Like most professional responsibility courses, this one will use the ABA Model Rules of Professional Conduct to examine basic duties to the client (e.g., competence, confidentiality, conflicts of interest,consultation) as well as to third parties, the courts and the public. However, this course will delve deeper into issues of particular interest to civil litigators.  These include ethical dimensions of settlement negotiations, discovery and evidence gathering (e.g., inadvertent disclosure of confidential information, the use of deception in undercover investigations), and client and witness perjury, interviewing and coaching.   Likewise, the course will closely examine conflicts of interest of particular importance in civil litigation, including in insurance defense work and class actions.  This is a discussion course, which will employ hypothetical and not-so-hypothetical problems to think through ethical issues confronted by practicing lawyers.  The discussions will be supplemented by film
excerpts, audio statements from lawyers actually involved in the problem cases in the text, and occasional guest speakers.


Professional Responsibility: Ethics In Alternative Dispute Resolution
Credits: 3 Type: LEC
During the past 25 plus years, an ethical infrastructure for Alternative Dispute Resolution (“ADR”) has undergone rapid and irregular growth. Critical and complex ethical and professional responsibility issues relating to various aspects of ADR processes are challenging the legal profession and policymakers because such issues does not fit neatly into pre-existing structures. This course will study the Model Rules of Professional Responsibility and the New York Rules of Professional Conduct through the lens of ADR and consult other U.S. and international ethical codes. Issues include counseling and decision-making, duty of candor, confidentiality, conflicts of interests, unauthorized practice of law, fees, advertising and others. This course will also discuss the ethical issues impacting ADR providers and non-legal neutrals.  There will be a TAKE HOME FINAL.

Professional Responsibility: Ethics in Criminal Advocacy
Credits: 3 Type: SEM
This course focuses on the ethical responsibilities of prosecutors and criminal defense lawyers. Topics include the allocation of decision-making authority, the duty of confidentiality and its limits, conflicts of interests, and ethical responsibilities in the investigation and trial of criminal cases. While focusing on the codified standards of professional responsibility, the course will also explore the relationship between the Constitution and ethical rules as well as how problems left unresolved by those rules ought to be addressed. A paper will be required. Enrollment is limited.

Does this course satisfy the writing requirement? Yes

Additional information: This course can be used to satisfy the Professional Responsibility Requirement and the Writing Requirement.

Professional Responsibility: Large Firm Practice
Credits: 3
Professional Responsibility: Large Firm Practice     Using a text and the ABA Model Rules and NY Rules, supplemented by pertinent cases, bar opinions and other materials, this course will examine the basic rules that govern the conduct of lawyers with respect to their clients, third parties and the courts but will emphasize issues of professional conduct that are common to large firm practice. Such issues include those concerning corporate internal investigations, the representation of underwriters corporate family conflicts, engagement letters and outside counsel guidelines advance waivers corporate privilege and special committees multiple representation in transactional and litigation matters intrafirm privilege revolving door conflicts and multijurisdictional practice.  This course satisfies the Professional Responsibility requirement.  There will be an in-class exam with the use of the ABA and NY rules (and comments).

Professional Responsibility: Lawyers & Justice
Credits: 3 Type: SEM
This course uses the specific ethical dilemmas confronting public interest and civil government lawyers as the primary resource for investigating the legal ethics rules, the role of the lawyer in society, and the connections between legal ethics and political philosophy.   The students and the teacher work collaboratively on developing the specific curriculum for the semester.

Satisfies the Professional Responsibility requirement.  A fourth credit is available for students who wish to satisfy the writing requirement.  Attendance at the first class is mandatory. Students must attend first class; students without excused absence will be dropped from the course.


Professional Responsibility: Multinational Practice
Credits: 3 Type: LEC
This survey course will cover the topics of: organization of the Bar; discipline; duty to courts, clients, public and fellow lawyers; rules of conduct in advocacy; fees; advertising and solicitation. The course will also cover the rules of conduct for lawyers involved in multinational practice, including a review of the sources and the extraterritorial reach and enforcement of such rules, and a comparative review of the legal professional codes of different countries.

Professional Responsibility: Transactional
Credits: 3 Type: LEC
The course will provide a general introduction to the Model Rules of Professional Conduct and the law governing lawyers with particular emphasis on how the rules and law apply to transactional lawyering. Students will study leading cases and analyze fact situations  adapted from real cases.  Attention will also be paid to recent developments and changes in the applicable  rules, relevant cases, and statutes. Scholarly normative commentary will also be considered.  Transactional areas will include securities law and banking.
There will be an in class final examination..  Part of the grade will be based upon presentations made by students in class.  The Capra, Pearce and Green casebook will be used, as well as supplemental materials provided by the professor.

LLMs must receive permission from the LLM office to be registered for the course.


Project Finance
Credits: 2 Type: LEC
An introduction to project finance with special attention to the structuring and financing of international transactions. Topics to be covered include contractual issues raised by project contracts, choice of law issues as they relate to international transactions and financing of project transactions. Special emphasis will be given to practical case studies.

Does this course satisfy the writing requirement? Yes

Does this course satisfy the skills requirement? No

Property
Credits: 5 Type: LEC
An introduction to the law of personal and real property. Topics may include possession, finding, gifts, bailments, estates in land, future interests, adverse possession, concurrent ownership, easements, covenants running with the land, servitudes, zoning, takings, nuisance, land conveyancing, title assurance, and the economic and philosophic bases of property rights.

Additional information: This is a first-year course.

Prosecution Clinic
Credits: 5 (Seminar 2 credits, Fieldwork 3 credits) Type: CLN
Prosecution of Genocide, War Crimes and Crimes Against Humanity: International Tribunals and Case Law
Credits: 2 Type: SEM
This course examines the international and semi-international institutions established to prosecute genocide, war crimes and crimes against humanity, including the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Criminal Court, the Sierra Leone Special Court, and their predecessors - the International Military Tribunal at Nuremberg and the International Military Tribunal for the Far East (Tokyo). The course also examines the prospects of justice for serious crimes committed in Iraq, Darfur and Cambodia. The course additionally examines some of the substantive case law of the Yugoslav and Rwanda tribunals, particularly, the elements of the crimes of genocide, war crimes and crimes against humanity, and individual and command responsibility.

Psychology & Criminal Law
Credits: 3 Type: SEM
This course is designed to provide an overview to the interaction between psychology and the criminal law. The focus will be primarily on the three major aspects in which psychologists are involved in the criminal justice system: competence to stand trial evaluations, mental state at the time of the offense (mens rea and the insanity defense), and the assessment of risk/prediction of future dangerousness. One of the guiding principles in forensic psychology, which will be reflected in this course, is the need to understand legal standards in order to tailor psychological knowledge and practice to the courts. As such, the content of the course will be evenly divided between understanding the legal issues involved and the practical application of psychological principals and knowledge. Likewise, readings and class time will be divided reviewing legal standards and case law and the psychological reseach, theories and techniques related to these issues. In addition, specific topics such as forensic psychological assessment, report writing, and expert testimony will be discussed.

Does this course satisfy the writing requirement? Yes

Psychology and Civil Law
Credits: 3 Type: SEM
The role of psychologists and other mental health professionals in civil litigation is both diverse and important. This course covers a number of the areas in which psychologists consult on matters related to civil practice law forensic matters outside of the criminal arena.  This course brings psychology graduate students and law students together in a broad overview of issues related to mental health law and civil practice. The semester will be divided relatively evenly between reviewing the case law and legal standards and the clinical issues that bear upon these legal issues.  Through this course, law students will gain expertise understanding, utilizing, and responding to mental health testimony in civil litigation and psychology students will develop skills evaluating mental health issues that arise in these contexts. Specific legal issues discussed include the concept of torts and malpractice, causation, standards of proof, and expert testimony.  We will focus on several of the areas of civil law in which psychologists play a significant role, including personal injury, sexual harassment, and disability law, as well as a number of issues that arise in elderly or medically ill individuals such as informed consent and decision-making competence, involuntary treatment and the right to refuse medications, physician-assisted suicide, testamentary capacity, and psychological autopsies.  Issues such as psychological testing, report preparation and expert testimony are discussed in the context of these issues and the legal standards that apply.

Does this course satisfy the writing requirement? Yes

Public Finance Law & Practice
Credits: 2 Type: SEM
This course studies how public projects are financed by governments. Issues include: securities law, 10b5 and SEC disclosure requirements, swaps and other derivatives, public purpose, how stadiums are financed, legal authority, general obligation v. revenue bonds, debt limits and how municipal bonds are structured and sold. We discuss topics ranging from the practice of public finance lawyers and investment bankers to the politics of public projects. During the semester, we take an in-depth look at drafting legislation, securities litigation, interest rate swaps and preparing legal opinions and what they mean. No prerequisites, but an interest in finance is helpful

Public Interest Lawyer Advanced Seminar
Credits: 4 Type: SEM
The course examines issues of law, practice and theory relating to the work of lawyers in public interest settings. Students, in the course, work in small groups on projects assigned by actual public interest organizations, with supervision from the seminar faculty and from attorneys at those organizations. Course requirements include ongoing presentations regarding the project, a final product for the organization that usually takes the form of a manual or report, and an analytic paper based on the project. The seminar requires a substantial time commitment and a willingness to work in conjunction with other students and lawyers.

Public Media Drafting
Credits: 3 Type: SEM
This course will provide practical legal drafting opportunities by examining the intersection of not-for-profit and media law, through the presentation of real world fact patterns.  The course is designed to give students drafting and analytical experience in the area of “public media law” by exploring the issues faced by not-for-profit institutions (such as public television, radio, museums, libraries and universities) in the media context,   Topics and related drafting assignments will include the creation and funding of public media institutions; public media compliance with government regulatory schemes; corporate governance and tax exempt status issues faced by not-for-profit institutions; intellectual property rights ownership; indecency concerns in the public media context; and collaborations between public and for profit media players.  Field trips to media institutions based in New York City will take place as opportunities permit.  No prior knowledge of not-for-profit or media law is required or assumed.

Public Sector Labor and Employment Law
Credits: 2 Type: SEM
As the rate of unionism among public sector employees continues to outstrip that of the private sector, and as government assumes vital functions such airport security screening that were previously performed by the private sector, an understanding of the unique attributes of public sector employment is essential for those who contemplate practice in the labor and employment areas. This course will primarily examine the laws affecting public sector unionism and will secondarily explore protections that accrue to both unionized and non-unionized public employees alike, such as constitutional and civil service laws. The course will compare and contrast National Labor Relations Act law with public employee union law.

Public-Private Partnership in Anglo Africa
Credits: 2 Type: SEM
Queens District Attorney Prosectuion Clinic
Credits: 5 credits (2 seminar, 3 casework) Type: CLN

Pre-requisites: Fundamental Lawyering Skills

Additional information: Recommended: Criminal Procedure, Professional Responsibility, Trial Advocacy and/or Evidence

Race and the Law
Credits: 3 Type: SEM
This course provides an historical overview of race in the American legal system. Moving from slavery and the early treatment of Native Americans to the modern era, the course traces the evolution and development of current legal doctrine pertaining to race and racial discrimination. Students will gain an understanding of the foundations of modern antidiscrimination law, as well as an appreciation of the predominent critiques of the U.S. Supreme Court's jurisprudence in race cases. In addition, they will be encouraged to assess current and proposed approaches to race and racial discrimination by looking at the operation of race in a number of contexts, including affirmative action, the criminal justice system, voting, and intimate relationships.

Race, Sex, and Love
Credits: 3 Type: SEM
The U.S. Supreme Court rendered its landmark decision in Loving v. Virginia invalidating prohibitions on interracial marriage more than 40 years ago. But race still plays a significant role in the intimate lives of most Americans. Decisions regarding whom we date, marry, or with whom we enter into other long-term intimate commitments are very much colored by race and prevailing racial norms. This course will consider why this is so by exploring the role that laws and practices regarding the family and intimate associations have played in the social construction of race and racial identity. We will also consider the influence of race and racial norms on our attitudes about sexual intimacy, gender roles, and commonly-held conceptions of and approaches to issues such as marriage, reproduction, and parenting. Students will be encouraged to explore a range of issues relating to race and intimate associations, including how structural issues affect our intimate choices; the role that state laws bearing on family and intimate relations have played in policing racial identity; and the utility of analogies drawn between race and gender-based restrictions on marriage in the current debate concerning the extension of marriage rights to same-sex couples.

Real Estate Conveyancing and Transactions
Credits: 2 Type: SEM
This course uses a transactional approach to examine the acquisition and disposition of real property. Topics will include purchase and sale agreements for commercial, residential and other property types, options, rights and remedies of sellers and purchasers, dealing with brokers, title insurance and due diligence activities. Attention will also be given to underlying fundamentals of investing in and owning real estate, ownership vehicles and relevant financing issues. Students will analyze and negotiate purchase and sale agreements and joint venture documentation and prepare for and conduct the closing of title.

Real Estate Drafting
Credits: 2 or 3 Type: SEM
In this course students will learn to prepare and revise documents used in commercial real estate transactions from the perspective of each of the parties. Discussions and assignments will be based upon hypothetical fact patterns and mock negotiations by students and guest speakers. The course will teach students to identify legal and business issues that arise in the preparation and revision of documents, and to address them in a clear and well organized fashion. The course will cover letters of intent, real estate brokerage agreements, commercial leases and subleases, contracts for sale of vacant land and condominium units, deeds and easement agreements, and basic construction documents. The course will be useful to students who plan careers in real estate or other transaction-based areas of practice.

Real Estate Finance
Credits: 3 Type: LEC
This course emphasizes the legal theory and document draftsmanship aspects of commercial real estate transactions. Topics covered include the mortgage market and types of lenders; the recent repricing of real estate; the recapitalization of commercial real estate; an analysis of permanent and construction loan documentation including the permanent loan take-out commitment, ground leases, construction loan agreement, note and mortgage, buy-sell agreement, and equity financing including the use of convertible mortgages and joint venture agreements. The law of troubled real estate is another topic which includes an examination of loan workouts, and foreclosure. Equity real estate investment trusts (REFITS) and other aspects of securitization are also covered.

Real Estate Transactions
Credits: 3 Type: LEC
This class focuses on the law and practice of buying, selling, and financing real estate.  In the course of the semester, we will explore themes inherent in real estate transactions, including the role of the lawyer in real estate markets, the primary risks that transactional lawyers in real estate need to understand, and the tools that real estate attorneys bring to the identification, allocation, and management of those risks.   This is a course, in short, about real estate as deal making and the myriad ways attorneys structure transactions, negotiate, craft documents, engage with clients, and resolve disputes.

Refugee Law & Policy: Middle East Conflicts
Credits: 2 Type: SEM

This seminar is open to students who completed the Fall 2013 course Refugee Law and Policy. Students will work on one of two projects. One group will explore reforms to U.S. overseas refugee adjudications in light of newly released, comprehensive records and data from the U.S. refugee admissions program. The other group will research U.S. refugee resettlement as a response to the Syrian refugee crisis. Students may participate in a fact-finding trip to Jordan. In class, students will discuss relevant topics in refugee law, including access to counsel, the strategic use of resettlement, the law of "material support," and reforms to refugee adjudications. The grade will be based on class participation, research memos, class presentations, and a final group report.


Regulatory Drafting
Credits: 3 Type: SEM
Regulatory Drafting:  This course introduces students to both litigation and transactional drafting skills in the context of regulated
 industries.  Students follow the life cycle of a regulation, drafting submissions to be filed with various administrative agencies relating to the various stages of regulatory enactment.  In addition, students prepare documents for proceedings addressing regulatory waivers and enforcement.  Class members will have the opportunity to participate in mock client meetings and administrative litigation proceedings.  Particular
agencies covered may include SEC, Patent and Trademark Office, FCC, FDA, Consumer Product Safety Commission, Department of Transportation, Department of Homeland Security and the newly proposed Consumer Financial Protection Agency (CFPA).

Regulatory Drafting
Credits: 3 Type: SEM
This course introduces students to both litigation and transactional drafting skills in the context of regulated industries. Students follow the life cycle of a regulation, drafting submissions to be filed with various administrative agencies relating to the various stages of regulatory enactment. In addition, students prepare documents for proceedings addressing regulatory waivers and enforcement. Class members will have the opportunity to participate in mock client meetings and administrative litigation proceedings. Particular agencies covered may include SEC, Patent and Trademark Office, FCC, FDA, Consumer Product Safety Commission, Department of Transportation, Department of Homeland Security and the Consumer Financial Protection Agency.

Religion, Law and the State
Credits: 2 Type: SEM
This seminar will examine the relationship among religious institutions, secular society, and the state.  Readings and discussion will focus on the free exercise and establishment clauses of the U.S. Constitution but will also include comparative and international counterparts to these constitutional provisions as well as relevant readings in political theory.  The course will consider such questions as the role of religious institutions in secular society, their relationship to the state, the degree to which religious minorities may demand exemption from the laws and norms of secular society, the accountability of such institutions under civil and criminal law, among others.  Each student will be expected to participate in class discussion and submit a term paper.  No final examination will be given.
This course may be used to satisfy the writing requirement.
 

Remedies
Credits: 3 Type: SEM

The course surveys principal remedies in law and equity: injunctions, equitable defenses, and enforcement of equitable decrees (civil and criminal contempt), restitution - unjust enrichment, constructive trusts, equitable liens and subrogation, damages in contract and tort and limitations on recovery such as avoidable consequences, causation, foreseeability, and certainty. 
The equitable remedies segment focuses on the history of courts efforts to desegregate public schools beginning in 1954 with Brown v. Board of Education which compelled states to dismantle the racially segregated school systems  with “all deliberate speed” through Parents Involved v. Seattle (2007) which barred voluntary school integration plans except as a remedy for past conscious racial discrimination. 
The segment on compensatory damages examines 10(b)(5) securities class actions,  mass tort claims for economic loss due to the BP Gulf oil spill, and the mass tort settlement with Johnson & Johnson of personal injury claims by persons who received defective DePuy ASR metal hip implants.
This course has a term paper option and may be used to satisfy the Writing Requirement.
Required casebook: Remedies, Cases, Practical Problems, and Exercises, 2d Edition, by Randall Weaver, et al, West Publishing Co.
Syllabi and materials may be found at http://tortstoday.blogspot.com/.


Representing Technology Start Ups
Credits: 2 or 3 Type: SEM
This course will cover theoretical and practical issues that arise when taking a start-up venture from conception, through formation, financing and growth, to exit. It will provide students with an understanding of the legal and economic principles involved in, and the role of lawyers in counseling, early stage companies and their investors. Topics to be covered include intellectual property, corporate, financial and ethical issues involved in the formation and commercialization of a technology start-up. Students will develop an understanding of the principal legal and business concepts and issues in the start-up process and, through the use of mock transactions and agreements as examples, gain practical exposure to the transactions themselves.

Reproductive Rights: A Comparative Law Approach
Credits: 2 Type: SEM
This course will examine the growing body of law -- both domestic and transnational -- concerning the regulation of reproductive healthcare, including contraception, abortion, and assisted reproductive technologies. It will explore the limitations imposed on governments -- ability to regulate reproductive healthcare by the U.S. Constitution, foreign constitutions, and international human rights treaties, as well as positive obligations imposed by those instruments to ensure access to services. Special attention will be given to comparative analysis of rationales for the protection of reproductive rights.

Residential Landlord Tenant Law
Credits: 2 Type: SEM
This course deals with the law of landlord and tenant and how it affects the negotiations and drafting of all types of leases. Emphasis is placed upon the importance of the lease in commercial transactions. Consideration will also be given to the differences between the residential lease and the various forms of commercial leases. The course will emphasize practical considerations through the section by section analysis of various types of leases.

Does this course satisfy the skills requirement? Yes

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Responsibilities of Public Lawyers: Confronting Issues of Race, Gender, Class & Social Change
Credits: 3 Type: SEM
This course will focus on the relationship of race, gender, and class to different social change strategies and different roles for lawyers as well. We shall explore the role of lawyers in influencing contemporary public policy and the role of legal discourse in framing issues such as access to, the diversity of, and participation within higher education; the use of the criminal justice system as a major instrument of urban public policy; gay marriage issues of assimilation v structural reform; the role of gender within the larger society as well as within communities of color. We shall attempt to identify the ways in which the adversarial dynamics of our legal system influence policy choices between means and ends, the zero-sum nature of conflict, and the role of racial, ethnic, gender and economic hierarchy. We will use interdisciplinary readings, experiential learning and case studies to examine various discourse and social change frames for identifying, reframing and problem-solving concrete social justice issues to facilitate social change.
CLASS IS OPEN to no more than 35 students. THERE WILL BE NO EXAM BUT STUDENTS WILL HAVE THE OPPORTUNITY TO WORK WITH FACULTY AND WITH OTHER STUDENTS TO PLAN AND HELP FACILITATE AT LEAST ONE OF THE CLASS SESSIONS. 

RICs and REITs: Tax and Securities Issues
Credits: 2 Type: SEM
Taxation and securities issues relating to regulated investment companies and real estate investment trusts that qualify under subchapter M of the Internal Revenue Code, including umbrella partnership real estate investment trusts ("UPREITs"), including their formation, operation and regulation and merger, and related acquisitions.

Prerequisites: Income Tax I and Securities Regulation

Recommended but not necessary: Corporate Tax and Partnership Tax


 


S.J.D. Colloquium
Credits: 2
The S.J. D. Colloquium consists of a number of components.  First, the Colloquium will introduce doctoral candidates to diverse and sophisticated research technologies that will aid them in the development of their thesis projects.  Second, the Colloquium will introduce doctoral candidates to basic strains of legal academic thought that might inform their work.  Finally, the Colloquium would provide a forum whereby candidates can discuss their research with their peers and others and elicit feedback on drafts of their work at various stages.  The Colloquium is required for all S.J.D. students while in residence.  Select Master of Laws students who have demonstrated a strong potential for academic scholarship may be admitted to the Colloquium by special permission. Interested LL.M. candidates interested in attending the seminar should submit a statement of interest, a resume or c.v., and a writing sample in English to Assistant Dean Toni M. Jaeger-Fine at tfine@law.fordham.edu no later than July 15. Please indicate “S.J. D. Colloquium” in the “Re:” line.

Is this course open to LL.M. students? Yes

Sales
Credits: 3 Type: SEM
Devoted mainly to the sale of goods under Article 2 of the Uniform Commercial Code. Major topics include the scope of Article 2, formation and modification of contracts for the sale of goods, implied terms, warranties, risk allocation, excuse, and remedies in the event of breach. Because Article 2 covers sales to consumers as well as commercial sales, the course includes an excursion into the Magnuson Moss Warranty Act (federal law) as it bears on warranties under Article 2. The course also covers selected themes from Article 5 ( letters of credit), Article 7 (documents of title), and Article 2A (leases of goods). Material covered in the basic course on Contracts is reviewed to highlight the changes made by the adoption of the Uniform Commercial Code. Selected provisions from the Convention on Contracts for the International Sale of Goods are covered.

Samuelson-Glushko Intellectual Property and Information Law Clinic
Credits: 5 (2 seminar, 3 fieldwork) Type: CLN

Pre-requisites: Fundamental Lawyering Skills; and one or more of the following IPIL courses - Intellectual Property Law, Copyright Law, Trademark Law and/or Patent Law

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Additional information: Recommended courses - Evidence, Professional Responsibility

Secured Transactions
Credits: 3 Type: SEM
Deals with the use and operation of the major credit devices employed in modern commercial financing. The course involves an intensive study of the law as it affects secured transactions, securitizations, installment selling, discounting trade paper, inventory and receivables financing and the use of documents as security. The rights and liabilities of the parties, unsecured creditors, the trustee in bankruptcy, and other third parties are considered. A detailed and complete study of the structure and operation of Revised Article 9 of the Uniform Commercial Code is included.
 


Secured Transactions: Commercial Finance
Credits: 3 Type: SEM
Deals with the use and operation of the major credit devices employed in modern commercial financing. The course involves an intensive study of the law as it affects secured transactions, securitizations, installment selling, discounting trade paper, inventory and receivables financing and the use of documents as security. The rights and liabilities of the parties, unsecured creditors, the trustee in bankruptcy, and other third parties are considered. A detailed and complete study of the structure and operation of Revised Article 9 of the Uniform Commercial Code is included.

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Securities Arbitration Clinic
Credits: 5 (seminar 2, casework 3) Type: CLN

Does this course satisfy the skills requirement? Yes

Securities Law Enforcement
Credits: 2 Type: SEM
This seminar will deal with the enforcement activities of the SEC and the various self-regulatory organizations (NASDR and NYSE) (the ASROs) in enforcing compliance with the federal securities laws and, in the case of the SROs, also their own disciplinary rules. While the scope of the seminar will encompass an overview of the regulatory and self-regulatory scheme in the securities industry and, where relevant, with respect to the issuance and trading of securities in the financial markets, it will primarily be a litigation-oriented seminar focusing on counseling and defending those subject to enforcement investigations and proceedings. Each student will prepare a paper on a significant relevant issue and make a presentation to the seminar group.

Does this course satisfy the skills requirement? No

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Securities Litigation and Arbitration Clinic
Credits: 5 (2 seminar, 3 casework) Type: CLN

Pre-requisites: Fundamental Lawyering Skills

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Securities Regulation
Credits: 3 Type: LEC
Emphasizes the Securities Act of 1933, the registration process, statutory and administrative exemptions from registration, and civil liabilities. Surveys the reporting requirements of the Securities Exchange Act of 1934 and the state Blue Sky laws. Examines the role of the Securities and Exchange Commission and the ethical obligations of securities lawyers.

Pre- or Co-requisites: Corporations

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

When is this course offered? Fall and Spring semesters

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Banking, Corporate & Finance Law LL.M. Program? Yes

Additional information: Open to students who have completed at least one semester of Corporations and Partnerships.

Securities Regulation Drafting
Credits: 3 Type: SEM
This course will introduce students to legal drafting in the securities regulation field.  It is designed to provide students with a detailed understanding of the various types of securities documents that the securities practitioner will most commonly be asked to draft or analyze.  The course will focus on the legal disclosure requirements for these documents as well as the current drafting practices and conventions of securities practitioners.  While the course will cover a broad range of documents and filings required under the federal securities laws, students will spend a substantial portion of the semester drafting a Registration Statement on Form S-1 for a hypothetical corporate client engaged in a hypothetical initial public offering (“IPO”) of its common stock.  Each week students will analyze, research and draft various sections of Form S-1 based on a continuing stream of information provided by the client about the company and the IPO.  Students will also meet with the professor in individual conferences to be held outside of class.  By the end of the semester, students will have produced a complete Registration Statement on Form S-1 and gained a detailed understanding of the process of drafting securities documents.

Pre- or Co-requisites: Securities Regulation and Corporations

Securities Regulations Refashioned
Credits: 2 Type: SEM
Securities Regulation Refashioned provides students with an insider’s perspective of the U.S. system of securities regulation and recent fundamental reforms. We will discuss the effects and effectiveness of topical regulation, such as the implementation of the Dodd-Frank and JOBS Acts. We will examine current issues in regulatory enforcement, including the prominent securities scandals and frauds of recent years.  Students will also learn about the substantive and procedural law governing broker-dealers and investment banking firms. The course focuses on the real-world application of securities regulation and, where possible, seeks to provide students with practical experience in preparation for legal practice. In prior years, we have invited leading members of the securities industry to guest lecture during the course of the semester. Our syllabus is tentative, and we attempt to modify it during the semester to meet the students’ interests and respond to developments in the securities industry.

Securitization
Credits: 2 Type: SEM
This course examines the legal aspects of the multi-trillion dollar securitization industry. Securitization is a method of finance which seeks to minimize the bankruptcy risks that are faced by commercial lenders, but it provides other benefits to lenders and borrowers alike. The course will focus on the bankruptcy law, uniform commercial code, banking law, tax and international law issues that arise in structuring securitization transactions and how such issues are addressed by securitization attorneys in today’s legal and business environment.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 20

Does this course have a waitlist? No

Additional information: A prior course in bankruptcy or commercial law is helpful, but not required.

Sentencing Law and Policy
Credits: 3 Type: SEM
This seminar examines sentencing law in the United States. We will consider both the structure and development of sentencing law as well as its policy implications. Among the legal topics we will discuss are the rise and fall of indeterminate sentencing; the evolution (and possible collapse) of structured sentencing systems such as guidelines, mandatory minimums, and truth-in-sentencing laws; and the use of alternative sanctions like boot camps. The policy concerns we will address include the role of race and class in the criminal justice system; the causes and effects of prison population growth over the past thirty years; the relationship between criminal sentencing and crime; and reintegrating released inmates into broader society.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Does this course have a waitlist? No

Sexuality and the Law
Credits: 2 Type: SEM
This seminar will examine how the law has dealt with, applied to, and been enforced on issues relating to sexuality, and how sexual orientation influences the application of legal rules to individuals in our society. The seminar will address the role of the law in shaping the social meaning of sexuality, and how legal rights, protections, and deprivations have evolved based on identities as heterosexual, lesbian, gay, bisexual, and transgender in a number of contexts including employment, education, marriage, sexual expression, family relationships and the military. Throughout the course, we will examine the extent to which assumptions about morality, gender, sex identity, and race have shaped the law's approach to sexuality, and the ways in which the movement for lesbian, gay, bisexual, and transgender rights is different from and similar to other rights movements. The course will emphasize constitutional doctrines, including equal protection, due process/privacy, and freedom of speech and association.

Special Education Law
Credits: 2 Type: SEM
This course is a skills based course in special education law from pre-K-12+ schools in the United States. Students will learn to apply federal special education laws to actual students’ cases. Students will represent either a student or a school district in a due process proceeding as part of a mock administrative hearing.  Topics covered will be the education of children with disabilities along the continuum of appropriate programs for students with disabilities, spanning a student's least restrictive environment to residential facilities.  Remedies for failing to offer a “free appropriate public education” will be explored, including related services, tuition reimbursement for private schools, and compensatory education awards. Students must submit written assignments most weeks, and will prepare opening statements, examinations of witnesses and a closing argument (post-hearing brief), applying the case law learned to the fact scenario presented.

Special Victims: Domestic Violence and Sex Crimes
Credits: 2 Type: SEM
This seminar will provide an overview of the “special victims” offenses of domestic violence and sex crimes.  In the first half of the course students will be exposed to the evolution of domestic violence law and the many difficult issues involved in the prevention, identification, and prosecution of domestic violence crimes, such as orders of protection, successfully building cases against offenders with reluctant witnesses, and providing services to victims.  In the second half we will focus on sexually based offenses, exploring legal developments and issues faced by sex crimes prosecutors, such as how to work with sexual assault victims, experts, the role of forensics and DNA, and evidentiary issues including rape shield laws.


State and Local Government
Credits: 3 Type: SEM
This course studies the legal status of local government units in our political system, focusing on the structure and distribution of power among levels of  government. It reviews the scope of local governmental powers in terms of the ability of municipalities to respond to the needs of  modern 21st communities.

State and Local Government Law
Credits: 2 Type: SEM
In the United States, we are conditioned to think of the national stage as the place where "democracy" takes place and where important choices are made concerning our citizens' general welfare. Within this frame, local government tends to be viewed as having no meaningful role as an instrument of social change. It is regarded as a mere instrumentality or "creature" of the state. This course examines whether local government is effective and/or desirable as a democratic, decentralized forum and as a forum for mediating and addressing social and economic inequality with a particular emphasis on race. The course will begin by addressing the powers of local government: what are their powers; where do their powers come from; and what are the state and federal constraints on their powers? We will examine the problems of local citizenship (who gets to decide who falls within a "political community"?); the conflicts between states and cities, cities and their citizens, central cities and suburbs, and among the suburbs themselves; the role of geographical boundaries in allocating services; and the advantages and disadvantages of regional approaches. The focus of the course is on local government, but we will also discuss state government law which provides an important foundation for understanding the themes of the course. Living wage laws, school desegregation, exclusionary zoning and the increasing prevalence of privatized public spaces are among the examples we may utilize to explore the course themes.

State Constitutional Law
Credits: 2 Type: LEC
The course on State Constitutional Law will examine state constitutions in general and the New York State Constitution in particular. The course will compare some of the major provisions common to state constitutions as well as some of the major differences.

The portion of the course dealing with the New York State Constitution will include the following:
  1. The original New York State Constitution and its development into the present Constitution;
  2. The Bill of Rights, including freedom of speech, freedom of religion and the treatment of criminal defendants;
  3. The Education Article, including public school financing;
  4. Property, including eminent domain and zoning;
  5. Native American rights, including gambling and tobacco sales;
  6. Voting rights.
Some of the themes and issues that will be explored are the allocation of power within the branches of government in New York, possible differences in methods of interpreting the New York State and Federal Constitutions, the effect of incorporating the federal Bill of Rights into State law, and the effect of federalism on the New York State Constitution.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 20

Does this course have a waitlist? No

Statutory Interpretation and Separation of Powers
Credits: 2 Type: SEM
This seminar examines how each Branch contributes, and ought to contribute, to the meaning and application of federal statutes. Topics covered are drawn from three areas: the role of the courts, Congress’s capacity to influence the interpretive process, and the powers wielded by agencies and the President. Reading materials consist of selections from appellate opinions, books and law review articles, and political science literature. We also will explore Constitutional implications of the current debates among judges and legal scholars.

Enrollment Cap: 20

Is this course open to LL.M. students? Yes

Additional information: Grades will be based primarily on a research paper; in addition, class participation will be taken into account.

Sustainability Technology Law & Policy
Credits: 2 Type: SEM
This course will introduce students to the role of technology in enabling sustainability and the law and policy that govern the technologies. The course will emphasize the interplay between technology, sustainability, and the law, and the underlying policy implications. One of the most common sustainability definitions is from The Brundtland Commission (1987): “meeting the needs of the present generation without compromising the ability of future generations to meet their own needs.” This cuts across almost all human endeavors and is applicable to the various disciplines that impact sustainability. Topics include sustainability frameworks, the relationships between technology & sustainability, and the different technologies that enable sustainability including energy technologies, biotechnologies, nano technologies and carbon trading systems, to name a few. The legal approaches & regulatory environment surrounding the application and consequence of technologies will be examined. Ethics, innovation, and implications for society will be emphasized.

Sustainable Energy Law and Policy
Credits: 2 Type: SEM
Carbon Dioxide emissions associated with the burning of fossil fuels for energy (electricity and fuel) are the leading cause of global warming. This course will focus on new policies being developed and implemented at the state and federal level to enable the transition towards a less carbon intensive economy and the legal issues associated with them. In particular, we will examine developments in utility regulation, renewable electricity and fuels, energy efficiency and policies to cap carbon emissions from power generation and vehicles. As part of the final grade, students will develop a paper that will examine a particular sustainable energy topic, analyze policies and legal issues associated with it and recommend measures to enable the transition.

Tax Clinic
Credits: 2 SEM | 3 CWK Type: CLN

The Tax Clinic provides client services in the following 3 areas:

1.  Client representation in tax controversy matters.  Students represent clients who have legal disputes with the IRS or NYS Department of Taxation. These cases are usually in litigation or pre-litigation administrative disputes, such as audits, examinations and refund claims.   These cases address a number of issues, including identity theft, dependency exemptions, the Earned Income Tax Credit, other family credits, innocent spouse relief, stolen refunds, and small business issues.  The amounts at stake often exceed 40% of the client’s annual income. 
2. Small business and small business owner tax planning.  Proper tax planning can significantly reduce tax burdens and decrease exposure to a costly and time consuming tax audit.  Students will collaborate with small business owners in crafting tax efficient business strategies.
3.  Systemic client advocacy.  The IRS interacts on a regular basis with low to moderate income workers and small business owners.  Students in the Clinic will advocate for these individuals at the Agency level by commenting on regulations and providing comments and critiques of IRS procedures that affect our client base.

Tax Clinic Students:
Although students are under the supervision of attorney-professors, students are expected to take primary responsibility for all aspects of their cases.  This may include interviewing and counseling clients; gathering and analyzing facts and evidence;  conducting legal research; drafting memoranda; preparing pleadings, motions and other court papers, and meeting with the IRS to negotiate a settlement. If settlement efforts fail, the student may have the opportunity to take the case to trial.

Students do not need to have extensive experience with tax law to enroll and succeed in this Clinic.  Through the seminar and supervision, you will be given the tools necessary to advocate on behalf of your clients.  This Clinic provides legal representation only.   We do not prepare tax returns; provide bookkeeping or other accounting services. 

Tax Clinic Clients:
Our clients are day care providers, home-health care aides, barbers, nurses, waiters, store clerks and small business owners; many are single-parents.  They often lack English literacy skills and most have little or no ability to defend themselves against the government. 
 
Total credit hours: 5
• 3 casework:  approx. 12 hours per week
• 2  seminar:  Wednesday 2:00 to 3:50pm


Pre- or Co-requisites: Fundamental Lawyering Skills,  Income Taxation (undergraduate course in Individual Taxation permitted)

Tax Issues in International Mergers and Acquisitions
Credits: 2 Type: SEM
This course focuses on the U.S. tax rules governing cross-border reorganizations, taxable acquisitions and dispositions, and foreign joint ventures.  In particular, we will examine the U.S. tax consequences of the outbound transfer of assets, foreign-to-foreign transfers of assets, and inbound transfers of assets.  We will specifically address issues arising with the transfer of intellectual property, the financing of foreign acquisitions, the structuring of foreign operations of U.S. multinationals, foreign exchange concerns, and the efficient repatriation of foreign earnings.

Some knowledge of general corporate and international tax principles is helpful, although background materials will be supplied.

The readings will consist primarily of sections of the IRC, regulations, administrative guidance, and some articles addressing tax policy issues raised by the current U.S. international tax regime.  For each topic, we will reinforce our knowledge of the relevant provisions by working through problems based on real-world examples.
There will be an in-class final examination.

Prerequisites:  Federal Income Taxation or permission of the professor.
Recommended:  International Taxation and/or Corporate Taxation (neither is required)

 


Tax Policy and Distributive Justice
Credits: 3 Type: SEM
This seminar examines tax policy through the lens of distributive justice. It begins by considering the traditional criteria for evaluating taxes: equity and efficiency, with a focus on whether economic efficiency and economic justice are reconcilable goals. Students read some political theory in order to explore the meaning of fairness in taxation. Having mastered basic economic and philosophical tools, students turn to the classic tax policy issues of progressivity and choice of tax base (income, consumption, and wealth), and also examine selected policy issues, which change each year. Topics have included: taxation of the family, taxation of the poor, taxation of human capital, personal deductions, exemption for nonprofit organizations, transitions in the tax law, and the politics of tax. The readings are a combination of classics in the tax policy literature and exemplars of contemporary debates. The class regularly discusses current events.

Does this course satisfy the writing requirement? Yes

Taxation of Business Entities
Credits: 3 or 4 Type: LEC
A comparative survey of the federal income taxation of C corporations, S corporations, and partnerships/limited liability companies, the principal entity choices for conducting business in the United States. Coverage includes formation, operations, distributions, sales of interests, and liquidation.

Additional information: Suitable for students seeking an introduction to this material as background for business or real estate practice, but without the level of detail required for a tax or corporate M&A specialist. Those students should enroll in the regular Corporate Taxation and Partnership courses.

Taxation of Financial Instruments
Credits: 2 Type: LEC
This course addresses the U.S. federal income taxation of financial instruments from the perspective of issues that typically are encountered in a transactional tax practice at a law firm. The course first addresses the characterization of various financial instruments and derivatives for tax purposes and then addresses specific issues that arise with respect to each type of instrument. Issues are discussed in connection with indebtedness (including convertible debt, variable rate debt and contingent payment debt), equity (including common and preferred stock), notional principal contracts (e.g., swaps), options, forward contracts and credit derivatives. The applicable rules and issues are presented through a combination of lectures and in-class problem solving, with the instructor introducing practical examples of financial instruments encountered in his practice, whenever possible.

Technology and Privacy Law Practicum
Credits: 3 Type: SEM
This 3 credit seminar for JD students will give students an understanding of and practical experience in privacy law set in the educational context. The seminar will have a doctrinal component through which students will learn the substantive law of privacy for educational records and school data (including FERPA, PPRA, COPPA, etc.).   The practical skills component will then provide students with hands-on experience drafting privacy law training materials on educational technologies for public schools as well as working with online service contracts for school services.  Appropriate seminar work product will be disseminated publicly through the Fordham Center on Law and Information Policy's website.

 


Technology Innovation Law and Practice
Credits: 2 Type: SEM
This seminar type course is intended to provide students with an overview understanding of the technical, business and legal factors involved in bringing new technologies to market. Key topics include basic intellectual property law, economic and business concepts, technology valuation methods, market analysis, competition and innovation strategies, licensing law, commercializing university technologies, industry employer-employee IP rights, experimental use of new technologies, bankruptcy, antitrust laws, and tax effects of technology creation and transfer. Additional topics include U.S. technology export controls, business organizations and management responsibilities, and financing technology commercialization. Students should be able to conceptually structure moderately complex technology commercialization transactions.

Terrorism and the Law in the 21st Century
Credits: 2 Type: SEM
This course examines the U.S. response to the terror attacks of 9-11 and the consequences for law and policy in matters of national security.  The course will highlight the expansion of assertions of Executive authority and the response of the judiciary.  Specific topics may include: Article III courts versus military commissions; the history of prosecution of terror suspects; Guantanamo Bay and the treatment of detainees; the torture debate in America; law enforcement tactics including domestic surveillance and use of informants; and terrorism laws and material support prosecutions.  Certain classes will feature prominent guest speakers with relevant expertise.

Terrorism, Torture, and the Courts
Credits: 3 Type: SEM
This course examines the interrogation, detention, and prosecution of terrorism suspects in the United States, both in Article III federal courts and military commissions.  We will begin the course with background classes on: (1) the torture debate in America; (2) the history of proceedings against analogous "unlawful combatants" in the United States (e.g., Civil War southern sympathizers and Nazi saboteurs); (3) Guantanamo; and (4) terrorism.  Other classes will feature guest speakers with relevant expertise, such as prosecutors, defense attorneys, laws-of-war experts, journalists, military-commission experts, and policymakers.  Students will be asked to prepare: (a) four reaction essays of 500-1000 words in length on 4 different weekly reading assignments; and (b) one 10-15 minute oral presentation on a weekly reading assignment for which the student did not prepare an essay.   There will also be a 24-hour take-home final examination which can be taken during any continuous 24 hours of the final examination period.  There is no long-paper option for this course.


The Corporate Social Responsibility Clinic
Credits: Credits: 5 (2 seminar, 3 fieldwork) Type: CLN
Efforts to promote corporate social responsibility are vital to the promotion of human rights and environmental sustainability.  From the use of energy and natural resources for general operations to source material extraction and the processing, shipping, selling and, ultimately, disposing of products, to the terms of employment throughout these networks and effects on neighboring communities and global consumers alike, human rights and the environment are impacted by most every aspect of corporate activity.  With these myriad touch points, corporations have a key role to play in the development and evolution of these important areas of law.  With their wide reach, businesses have the potential to improve environmental and human rights conditions worldwide: They possess the technological and research capacities to innovate new methods of sourcing, production and disposal to promote greater health and safety for people and the planet alike. Indeed, corporate social responsibility cannot be achieved without the creativity, innovation and cooperation of the business community.

The Corporate Social Responsibility (CSR) clinic, co-directed by Professors Daniel Bonilla and Paolo Galizzi, is designed to introduce students to the law and practice of corporate social responsibility, and expose them to the challenges and prospects for maximizing social and environmental outcomes alongside profits. Opportunities to promote sustainable development in global industry abound. Focusing on the intersection of industry, society and environmental sustainability, clinic participants will work on real-world projects to identify promising openings for early adopters and first-to-market innovators of sustainable policies, technologies, and business models. In Fall 2012, the CSR clinic will focus on Latin America. With regional exports still largely characterized by high shares of mineral and agricultural products, the majority of Latin American countries and peoples remain heavily dependent on their natural resource base, making socio-ecological practices in the region of critical importance for Latin American development, human rights and ecosystems. 

The seminar portion of the clinic will introduce students to the theory and practice of corporate social responsibility law. With guest lecturers from experts in the field, students will study the history and modern development of the countries in which they will be working; as well as such practical skills as project research and design, stakeholder consultation, interview techniques, and proposal drafting and development. For the fieldwork component, participants will research and design a concrete CSR project. Fordham Law students may be partnered with multinational corporations active in the region, as well as Latin American law students/lawyers/non-governmental organizations, to develop a project, with the opportunity to travel to Latin America for one week mid-semester to meet their partners in person and take part in project planning/implementation on the ground. 


The Law of the City of New York
Credits: 2 Type: SEM
Law plays a central, if often unheeded, role in nearly every aspect of the life and governance of New York City.  This course will delve into the many ways in which questions of authority, individual rights, and other legal concerns play out across a set of critical policy domains that define the City, including race, immigration, access to justice, education, public safety, land use, housing, and public health.  The course will also explore themes in contemporary urban theory and their relevance to understanding law.  Student grades in this seminar will be based on a series of short (3-5 page) research memoranda over the course of the semester as well as class participation.   

The Science of Implicit Bias and the Law: New Pathways to Social Justice
Credits: 2 Type: SEM
Despite cultural progress in reducing overt acts of racism, stark racial disparities continue to define American life. This course will examine why race still matters and what emerging social science can contribute to the legal discussion. The course explores how scientific evidence on the human mind might help to explain why racial equality is so elusive. This new evidence reveals how human mental machinery can be skewed by lurking stereotypes, often bending to accommodate hidden biases reinforced by years of social learning. Through the lens of these powerful and pervasive implicit racial attitudes and stereotypes, the course examines both the continued subordination of historically disadvantaged groups and the legal system's complicity in the subordination.   The course will introduce students to the social science methodology’s examination of bias and explore its strengths, limitations, and possible uses.  The final grade will be based upon weekly 1 page Analysis Papers that explore the themes of the reading assignments and propose discussion questions for the class session, along with a Final Paper of approximately 5 pages that assesses how the insights about the science of implicit bias might be utilized to either address the operation of implicit bias in the application of law, or how the science can be used to make anti-discrimination law more effective.  Students can alternatively submit a Research Paper for Upper Class Writing credit upon authorization of the paper topic with the Professor.

The Supreme Court in the United States and World History
Credits: 2 Type: SEM
The course examines the place of the Supreme Court in United States and world history from 1776 to 1976. It considers how the thinking of the Justices was shaped by the economic, social and intellectual trends of their times and the impact of their decisions on American jurisprudence. Included will be a study of the historical backdrop: the Federalist-Jeffersonian struggle, Jacksonian democracy, slavery, the Westward Movement, the growth of industry and cities, social democracy and the effect of war emergencies on civil liberties. 

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

The United Nations Human Rights System
Credits: 2 Type: SEM

The United Nations human rights system has developed over a period of more than 60 years to promote and protect rights rooted in customary law and further elaborated in scores of multi-lateral treaties. It is the most comprehensive system established to monitor and scrutinize national implementation, to seek accountability for violations and to progressively develop the legal framework.   The human rights architecture of the UN consists of principal bodies established by the UN Charter and numerous institutional mechanisms that engage states, outside experts, non-governmental organizations, tribunals and a formidable bureaucracy to enforce the rights of individuals and groups. 

Students in this seminar will have an opportunity to study the evolution of the UN human rights system, its current modalities and procedures, the players and their political alliances, the development of human rights law through these processes and the impact on human rights situations “on the ground.”  Seminar students will visit the UN in New York to observe the process and meet with rapporteurs and government delegations during the General Assembly of the UN.


Title VII Dodd-Frank Derivatives Compliance
Credits: 3 Type: SEM
The course objective is to give the students an overview of Dodd-Frank's Title VII - Wall Street Transparency and Accountability ("Title VII").  Since Dodd-Frank represents the most comprehensive regulatory reform measures taken since The Great Depression, it impacts the financial market in a comprehensive and significant way.  All U.S. financial transaction lawyers going forward will need to be intimately acquainted with Dodd-Frank, and starting with Title VII is a good place to start.  Once the students have a handle on Title VII, the other Titles will be easier to digest.

No prior course pre-requisites apply to this class.  All JD's and international LL.M. students are welcome to register.
The course will examine whether the drafters of Title VII understood the over-the-counter derivative products well enough to legislate the market properly, whether the rules issued by the federal agencies have been promulgated in the way that the legislators intended, and whether the provisions of Title VII have helped to stabilize the derivatives market.

One of the principles underlying this compliance class is that in order to truly understand how to regulate a financial product (and therefore know how to comply with the regulation), one must understand thoroughly the workings of the financial product as a starting point.  This course will first start with an examination of the legal, market, and economic risks of three types of derivative instruments:  (i) an interest rate swap, (ii) an option, and (iii) a CDS-on-ABS.  The third instrument, CDS-on-ABS, has been alleged as having caused the financial crisis that started in 2007.  We will examine in class whether this is the case.

In this course, the students will learn the legal, regulatory and risk management framework of the derivatives market before Title VII was implemented which will then be compared to the legal, regulatory and risk management issues that market participants face after Title VII was signed into law.  Basically, how have the day-to-day operation and client-facing activities within a corporation, financial entities and investment banks been impacted due to the implementation of these rules.  Before Title VII, one of the main focus of the industry was to customize the derivative products to meet the client's needs.  The focus now is compliance with Title VII in the most cost-effective way.  The class will include discussions on whether there is still room in the market for creativity in customizing derivative products.
The students will review the key derivative contracts that run the industry (such as the ISDA and CSA) and consider how the promulgated rules have impacted those contracts.  The class will also cover the methods that the corporations, hedge funds, financial institutions and investment banks have undertaken to ensure compliance with Title VII.
Some cross-border matters (from the U.S. perspective) will be included in this class.
Equipped with the foundational knowledge regarding Title VII of Dodd-Frank, the course will conclude with each student addressing in a paper his or her thoughts on whether Title VII would have been able to prevent the economic crisis that began in 2007 if Title VII had been in place prior to 2007.  The course grade will be determined by a combination of 20% class attendance and participation, 40% on the final paper, and 40% on the final exam.


Topics in Legal Philosophy
Credits: 2 Type: SEM
This seminar will focus on three principal topics. The first is The Public Reason Debate, initiated by a central idea in John Rawls’s Political Liberalism and his later essay on “The Idea of Public Reason Revisited.” We will read relevant portions of Rawls’s reflections on the ideal of confining political arguments to the demands of public reason in the political forum as well as significant criticism by thinkers such as Ronald Dworkin, Michael Sandel, Jeffrey Stout, Kent Greenawalt, and others. The second topic draws upon Dworkin’s recent book, Is Democracy Possible Here? He argues for a common ground for political debate on contemporary issues such as terrorism and human rights, religion and dignity, and taxation and legitimacy. Our task will be to take up his challenge to show him why he is wrong, if he is, to reach the conclusions he advocates. Tentatively, the third topic, will focus on either or both of the following two books: Sanford Levinson, Our Undemocratic Constitution: Where the Constitution Goes Wrong (And How We the People Can Correct It), and Samuel Fleischacker, A Short History of Distributive Justice. The latter book also relates to Rawls’s own theory of distributive justice.

Topics in Legal Theory
Credits: 2 Type: SEM
The focus of this seminar is different approaches to selected issues in the theory of justice, focusing on the work of John Rawls, Iris Marion Young, and Robert Nozick.  We will consider selections from Rawls’s celebrated book, A Theory of Justice as well as his later work, Political Liberalism.  Iris Young’s book, Responsibility for Justice, intersects with Rawls’s work in important ways, proposing, inter alia, a different view of institutional injustice and who should take responsibility for it.  Finally, we will consider selections from Nozick’s libertarian theory, Anarchy, State, and Utopia, which continues to generate interest on its own merits as well as a significant challenge to Rawls’s liberal theory.  The readings may be supplemented from time to time with articles and handouts.  The course requires a 15 page paper on a topic that intersects with the readings, and periodic very short papers.  The course may be used to satisfy the writing requirement.  Since there is no final exam, grades are based on the paper, a short oral presentation on the paper at one of the last meetings, and meaningful class participation demonstrating awareness and understanding of the readings.

Tort Theory
Type: SEM
What is the point of tort law? The course will begin by examining three answers to this question. One answer (Prosser's) is that tort law aims to deter and to compensate; the second answer (Law and Economics) says that tort law is an attempt to achieve efficient loss allocation; the third answer (Corrective Justice Theory) argues that tort law's function is to do justice by forcing a wrongdoer to restore an injured party to her or his rightful position. We will then apply those models to current controversies in tort law, such as limits on punitive damage awards and pain and suffering awards; market share liability and other deviations from third parties; federal versus state law in torts, procedural and substantive issues in mass tort litigation (e.g., asbestos, breast implant, tobacco industry); gender and race issues in calculation of damage awards. The readings will combine case law, legal scholarship, and legislative materials. We will also examine critical reflections on tort law within philosophy, history, economics, and feminist theory.

Torts
Credits: 5 Type: LEC
A study of the causes of action arising from breaches of legally recognized duties relating to the protection of person, and property, including the traditional tort actions and new and developing areas of tort liability. Various defenses, immunities and privileges are discussed. The course includes a critical analysis of the fault concept of liability.

Additional information: This is a first year course.

Trade Secret Law
Credits: 2 Type: SEM
This course will study the protection of what is often a company's most valuable asset, its confidential and proprietary business information that gives it a competitive advantage in the marketplace. Students will learn about the substantive law of trade secrets, as well as counsel's application of such principles to companies that are dependent upon their trade secrets to maintain a competitive edge. Course topics will include:
  1. the basic understanding of trade secret law;
  2. the identification of intellectual property suitable for trade secret protection;
  3. staff training and employee policies and agreements, as well as hiring and firing issues, as they relate to the protection of trade secrets;
  4. contracts with third party business partners who must be granted access to a company's trade secrets;
  5. enforceability of trade secrets through litigation and the defense of the same; and
  6. the relationship between trade secret law and unfair competition law, as well as other implied obligations in the law concerning the use of confidential and proprietary business information.

Trademark Law
Credits: 2 Type: LEC
This course examines the law of trademarks, trade secrets, right of publicity and related doctrines. The emphasis will be on trademark law including discussion of subject matter, ownership, infringement and remedies.

When is this course offered? Fall and Spring semesters

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the Intellectual Property & Information Technology Law LL.M. Program? Yes

LL.M. Notes: Core course for LL.M. Intellectual Property & Information Technology Law Program

Trademark Practicum
Credits: 2 Type: SEM
This two-credit seminar course for JD and LL.M. candidates, taught by an experienced attorney from an international intellectual property law firm, will provide a practical, hands-on approach to working as a business-minded, intellectual property lawyer, with a primary but non-exclusive focus on trademarks.  Throughout the semester, classes will consist of numerous workshops in which students will learn and apply basic aspects of U.S. trademark law and other, including some foreign, intellectual property laws and treaties.  Students will, at times, play the roles of in-house counsel, outside counsel, or the examining attorney in the U.S. Trademark Office.  Apart from workshops, the course will include occasional guest lectures by experienced practitioners in different settings.  The course is designed for students that have taken at least one introductory trademark or intellectual property survey course.

Trademarks in Practice
Credits: 2 Type: SEM
This course is open to LL.M. students only and is an LL.M. skills class.

The two-credit seminar course for LL.M. students will provide an overview of various subjects common to a general trademarks practice in the United States, presented from a practical, real world perspective. Course subject matter will be discussed in a chronological manner through the lens of a particular "client" hypothetically counseled by the class collective throughout the semester. The virtual "client" will first seek the class's guidance in adoption of a trademark, and then will require assistance with various issues subsequently faced by the client throughout the life of the mark. Specifically, the course will focus upon (i) due diligence and selection of a mark, (ii) USPTO registration and trademark prosecution, (iii) policing and protection of trademark rights vis-a-vis potential infringers, (iv) licensing and assignment, and (v) maintenance of trademark rights and registration. The course will include a writing component with periodic writing assignments designed to provide students with experience drafting common documents which are likely to cross a young attorney's desk in any general business or intellectual property firm, or within an in-house practice. Reading assignments will be required in advance of each class meeting so as to provide an introduction to a particular topic and background for robust class discussion. The course will discuss common law doctrine and statutory law by way of background in applying these concepts to concrete tasks required by clients in practice. Therefore, although students may first complete an introductory trademarks or intellectual property survey course, the seminar may also prove beneficial for LL.M. students outside of the IP/IT program who may not have a substantial background in intellectual property.


Trademarks, Branding and Freedom of Expression
Credits: 3 Type: SEM
"This course is primarily directed towards reexamining how traditional applications of trademark law have been modeled, adapted, and then transformed by today?s emphasis on branding, marketing, and digital technology. Special attention will also be paid to the role of constitutional protections, such as the First Amendment, in protecting fair uses, consumer commentary and artistic expression. The course is divided into roughly three parts: the first part focuses mostly on the role of trademark law in the creation of advertising, branding, and marketing, particularly with respect to today?s most successful global brands. The second part of the course focuses on the role of consumers and artists, both internationally and domestically, who engage in artistic and political activity to challenge the expansion of branding. Here, special attention will be paid to artists, consumers, and parodists who utilize brands to critique corporations, and the case law that has been generated around their efforts in real space and in cyberspace. The final part of the course concentrates on the role of the First Amendment in governing artistic, commercial and political expression, particularly in light of recent legislative, judicial, and market developments in trademark law and fair use protections. Throughout, we will also feature a few guest speakers, including artists, activists and lawyers who work in this area.

While some background in trademarks is preferred, it is not required.


Does this course satisfy the writing requirement? Yes

Transactional Research and Skills: A Housing Court Practicum
Credits: 1
This one-credit course will center around alternative dispute resolution simulations in the housing context: landlord-tenant and foreclosure cases. Full adjudication (in the form of trial on the merits) occurs in less than ten percent of all cases filed in courts and therefore is the exception, not the norm, for resolving conflicts and disputes in our society. Even this figure excludes cases or disputes resolved before a case is filed in court. Alternative dispute resolution includes a wide variety of processes, some of which are quite close to adjudication (arbitration) and others which are like adjudication in some ways (like the often adversarial presentations in negotiation and mini-trials) but unlike adjudication in other ways (the direct communication of parties in mediation and the "resolution" of problems based on future and interest based concerns, rather than past events and rights analysis). Grades will be based on class participation (research for role preparation, performance, and quality of class analysis) (70%) and a final project (30%). No prior course or experience is required. There will be an optional field trip to a New York City Court.

Enrollment Cap: 16

Transnational Business and Human Rights
Credits: 2 Type: SEM
This seminar explores a variety of dimensions of the multifaceted intersection of business and human rights. While some still consider that the social responsibility of business is merely to increase its profits, the idea that business has human rights responsibilities - moral and/or legal - has been steadily gaining acceptance. Growing awareness of the impacts that business can have on human rights - positive and negative – as well as of the increasing power of transnational corporations vis-à-vis the States in which they operate has raised the volume on calls for businesses to ensure that, at a minimum, human rights are respected by business. Well-known human rights organizations, like Amnesty International and Human Rights Watch, have launched human rights and business campaigns and monitor and report on human rights abuses by businesses. Consultancies and law firm practices have started to appear advising business how to improve their human rights performance. A growing number of multinational corporations have introduced human rights policies and training programmes, have begun reporting on their human right performance and have hired experts in corporate social responsibility (CSR) and human rights. Some companies even find themselves being sued for human rights violations. Finally, major international organizations, such as the United Nations, the International Labour Organization and the OECD, have issued principles and standards outlining the social responsibilities of businesses. In particular, a six year process undertaken by the UN Special Representative of the Secretary-General on Business and Human Rights culminated in June 2011 in the endorsement by the UN Human Rights Council of a set of Guiding Principles on business and human rights. These developments beg questions - which will be explored in the seminar - such as why human rights are or should be a business issue; if so, to what extent; what can a company do to implement them; and what remedies might be available?

Does this course satisfy the writing requirement? Yes

Is this course open to LL.M. students? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Business & Trade Law LL.M. Program? Yes

Do the credits of this course count toward the specialized program credits that students need for the International Law & Justice LL.M. Program? Yes

Trial & Arbitration Advocacy
Credits: 3 Type: CLN
Sections of this course are taught by trial lawyers.  The course deals with techniques and strategies in civil and criminal litigation.  Students face typical problems from all phases of trial practice with an emphasis on methods of developing facts, including direct examination, cross examination, exhibit introduction, impeachment, opening and closing statements.  A lecture and demonstration of the above skills is presented to all students enrolled in the Trial & Arbitration Advocacy sections for the first eight weeks of the semester.  For the entire semester, students meet once a week with their individual instructor.
Evidence is a PRE- OR CO-requisite for Trial & Arbitration Advocacy sections.  (Students may register for Trial & Arb. Advocacy if they have previously taken Evidence OR are taking Evidence in the same semester as Trial & Arb. Advocacy.)


Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

Trusts and Estates Drafting
Credits: 3 Type: SEM
This course focuses on drafting documents used in estate planning and administration. Substantive law discussions are integrated into exercises in drafting documents commonly used by estate and trust practitioners. These documents include wills, trusts, petitions to the Surrogate's Court, and beneficiary designations for life insurance policies and retirement funds.

Does this course satisfy the skills requirement? Yes

Trusts and Wills
Credits: 4 Type: LEC
Trusts and Wills is an introduction to mechanisms for dispositions of personal wealth upon death. The class considers issues of testamentary capacity, policy limitations on personal wealth transfer, testamentary document execution and interpretation along with duties owed by an attorney in the testamentary plan preparation context. Alternatives to traditional wills are considered in the form of will substitutes and the creation of testamentary and intervivos trusts along with discretionary and spendthrift trusts. Fiduciary duties of trustees are introduced. The class surveys disposition of personal wealth when the decedent fails to express his or her wishes and highlights select issues encountered in alternative family testamentary document execution.

When is this course offered? Fall and Spring semesters

U.S. Foreign Relations Law
Credits: 4 Type: LEC
This course will provide an in-depth introduction to the relationship between U.S. constitutional law and public international law. On the domestic side, selected topics will include the courts and foreign relations, Congress v. the President in foreign affairs, the role of the states, and the status of treaties and customary international law. With regard to international law, treaties, custom, jurisdiction, and sovereign immunity. Special emphasis will be placed on the place of international human rights in both the international and domestic legal regimes.

Unincorporated Business Entities
Credits: 3
This course surveys the law of unincorporated business entities, i.e. partnerships, including the limited partnership (LP) and limited liability partnership (LLP), and the limited liability company (LLC). While the course covers the law of agency in the first two weeks of class, the main focus is on partnerships and LLCs, both from an analytical perspective and from a planning perspective. We will analyze legal problems involved in the formation and operation of closely held businesses. The importance of “unincorporated” forms of business organization has increased in recent years, both in business in general and in areas such as venture capital and private equity.

Issues to be included management powers, the status of general and limited partners, fiduciary duties among partners, especially when partners leave or are expelled, the handling of accounting and property rights, and the transferability of ownership interests. In the field of limited liability companies, we will review their legal nature, mode of creation, alternative forms of management, financial structure and fiduciary duties, together with the doctrine of piercing the corporate veil. We will also discuss advantages and disadvantages of unincorporated entities in comparison to the corporation.


Unincorporated Business Entities | Professor Ribstein
Credits: 3
This course covers the law and policy of unincorporated business entities, i.e. partnerships, including the limited partnership (LP) and limited liability partnership (LLP), and the limited liability company (LLC). While the course covers the law of agency in the first two weeks of class, the main focus is on partnerships and LLCs, from an analytical and a planning perspective, including considerations relating to choice of business form. We will analyze both the formation and operation of closely held businesses, including law firms, and the increasing use of unincorporated forms of business organization in areas such as venture capital, private equity and publicly traded firms. 

Urban Land Use Law
Credits: 2 Type: SEM
The 20th Century was the century of urbanization, ushering in a massive reorganization of the nation's population. The increasing urbanization has brought with it a number of environmental and land use challenges such as urban sprawl, persistent racial and class housing segregation, and a host of issues around redevelopment and planning in cities. This seminar will examine the legal, economic, and political forces that have shaped American metropolitan areas with particular attention to the policies that have shaped American cities. The seminar will begin with an historical overview of development and land use policies in cities. We will then examine the interaction among urban redevelopment policies, environmental laws, and local land use decisions in creating and potentially addressing our most pressing urban challenges. Throughout the course we will also explore various policy initiatives designed to achieve a host of "livability" and "sustainability" goals in urban areas. These include brownfield redevelopment, smart growth, and environmental justice, among others. In addition to the legal literature in this field, students will read widely in the urban planning and policy literature.

Urban Policy and Legislative Advocacy Clinic
Credits: 5 (2 seminar; 3 casework) Type: CLN

Pre- or Co-requisites: Fundamental Lawyering Skills

Pre-requisites: Civil Procedure

Does this course satisfy the skills requirement? Yes

When is this course offered? Fall and Spring semesters

US Contract Law for LLM
Credits: 2 Type: SEM
This course will cover most of the basic material presented in the regular first-year course in contract law. The treatment of the material will take into account the prior study of contract law by the participants, and the substantive emphasis will be on topics relevant to international practice. The class will use a standard US casebook, because another goal of the class will be to illustrate through the contract material the method by which our courts have elaborated our present rules of contract law, as well as the way that law has been learned by American lawyers. Particular attention will be paid to the interaction between statutory and case law rules in contemporary practice.  There will be an in-class, open-book examination.

Venture Capital Law
Credits: 2 Type: SEM
This course examines the private equity marketplace from both a theoretical and a practical perspective and focuses on the interplay of the legal, business, economic and financial issues that need to be dealt with in the legal documentation that supports private equity transactions. This course has been designed to provide students having a fundamental knowledge of corporate law with a practical understanding of the private equity marketplace— the dynamics of (a) organizing and managing a private equity fund,  (b) organizing, structuring, financing, managing and exiting private equity-backed companies and (c) executing a buyout transaction. This course will cover a variety of issues that arise in the private equity life cycle and it will address the competing economic and financial issues that are played out among the cast of characters in what can best be described as an evolving legal and financial drama.

This course will include negotiating sessions organized to provide students with the opportunity to “represent” the various players in the private equity world—(a) fund sponsors vs. prospective limited partners, (b) companies vs. entrepreneurs and executives, (c) private equity funds vs. entrepreneurs and executives and (d) buyers vs. sellers of a business. In such a way, students will be exposed to the negotiating issues that are important to each group and they will “develop” the methodology for resolving competing views.


Victim's Rights
Credits: 2 Type: SEM
Statutory and constitutional rights for victims of violent crime have proliferated in recent years in every state. Course material will revolve around these rights-such as the right to compensation and restitution; the right to present an impact statement; the right to participate in the proceedings as more than merely a witness-and how they reflect victims' role in the criminal justice system. One major theme will be the experience of victims in having their stories edited, redacted, or suppressed in order to achieve "justice." The class will discuss how victims are defined, and the dynamics among victim blame, victim recidivism, victim failure to report, and false allegations. The class will debate the pros and cons of a federal victims' rights amendment, comparing victims' rights with offenders' rights and the respective consequences of failing to uphold these rights. A second major theme will be the role of the community when criminal acts occur. To this end, the class will examine various models of restorative justice, many of which attempt to create "victim centered" justice programs. The class will consider the role of the victim, the offender, and the community in seeking resolution and repair.

Video Game Law
Credits: 2 Type: SEM
This Seminar views the law extensively through the lens of the interactive entertainment or video game industry. From traditional Intellectual Property, contracts and licensing concerns to more esoteric areas like freedom of speech and governmental regulation, this class will deal with the various legal issues affecting video games. Students will study the legal foundations of the video game industry dating back to the 1960s and continue through the issues currently making news; from Pac-Man to Farmville. The current market for the video game and virtual world interactive media industry is expected to grow to over 40 billion in the next few years and video games hold title as the most valuable brands in entertainment. This class is designed for those who seek to understand how the law is being used and sometimes abused to meet the present and future needs of the growing video game industry. The Seminar will examine the practical importance of patent, trademark, copyright, trade secret, and basic contract law and reflect throughout on the practical real-world applications of these concepts. As the course progresses into the modern interactive entertainment era, it explores the basic transactions necessary to fund these multi-year, multi-million dollar console and on-line games. This class will provide students with an understanding of the foundations of video game law and a forum to explore the ever-expanding and changing issues facing this cutting-edge area of practice. Industry speakers will also attend from time to time to add and share their real-world insights with the class. Students interested in IP, entertainment law, or a career in the game industry should consider this course. Each class will be a mixture of a lecture providing an overview of the legal and business concerns of the video game industry, as well as a lively class discussion of various issues and problems.

White Collar Crime
Credits: 3
The course examines a number of topics falling under the broad rubric “white collar crime.”  The term generally refers to economic or political crimes, often distinguished by the involvement of a corporation or other business entity, or by an individual’s abuse of a position of authority or trust.  In addition to examining substantive areas of law including conspiracy, various species of fraud (wire, mail, securities), racketeering, bribery and money laundering, we will cover some procedural and practice issues—including grand jury practices, discovery, immunity, privileges, cooperation agreements, plea bargaining, sentencing, and the relationship between parallel civil and criminal proceedings.  Special attention will be paid to the complications introduced by entity liability, and to the unique challenges it poses for defense counsel and opportunities it gives to prosecutors.  While much white collar criminal practice is federal, we will also notice the role of state and local law enforcement entities.  Finally, the quasi-criminal law of economic sanctions and asset forfeiture will be discussed.

 


Women and The Law
Credits: 2 Type: SEM
This course explores different substantive areas of the law which have had a particular impact on the personal and professional lives of women. Among the topics the course will cover are employment discrimination, comparable worth, divorce, equitable distribution, child custody, the battered spouse syndrome, and property laws affecting women. In addition, the course will examine some of the difficulties and obstacles impeding the advancement of women in the legal profession including gender-bias in the court systems and the tensIon between career and family responsibilities.

Does this course satisfy the writing requirement? No

Does this course satisfy the skills requirement? No

Enrollment Cap: 20

Does this course have a waitlist? No

Workers, the Law and the Changing Economy
Credits: 2 Type: SEM
This seminar explores changes in the economy of the United States—including globalization, high levels of immigration, new ways of structuring the employment relationship, and most recently the economic downturn—and the challenges they pose to the enforcement of the major laws governing workplace standards in this country.   The course draws on academic materials, cases, statutes, and documents from practice to understand the current situation and to examine emerging models of litigation, regulatory enforcement, legislation, and labor organization that respond to these transformations and seek to re-establish a floor on wages and working conditions in the context of low-wage work today.   Students write three short papers over the course of the semester.  There is no final exam.