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|LAW 691 - Prisoners' Rights|
Winston Churchill said that the mood and temper of the public with regard to the treatment of crime and criminals is one of the most unfailing tests of the civilization of any country. This course considers related but (usually) separately treated matters of inquiry: 1) Prisoners' Rights, and 2) the Philosophy, History and Practice of Criminal Punishment in our tradition, and the role of prisons in contemporary society. Prisoners' Rights involves a body of largely constitutional law developed over the past thirty years dealing with the conditions of confinement for the more than two million inmates in prison and jails in the United States today. Since prisons are the quintessential closed institutions, every aspect of the lives of inmates is controlled by the state. Thus prisons serve as a unique laboratory for the development of constitutional doctrine. Thus, prisoners' rights law deals with topics as diverse as the cruel and unusual punishment clause, freedom of speech and religion, access to the courts, race and gender discrimination, due process, and privacy, as well as remedial problems involved in implementing prisoners' rights through litigation and other dispute resolution techniques.
Historical penology and the Philosophy of Punishment and the role of the prison in contemporary society draw on a wider array of sources. Since imprisonment is only one of the ways for the state to address criminal behavior, and imprisonment itself has numerous purposes incapacitation, deterrence, rehabilitation, retribution there is a complex but important relationship between what rights prisoners retain and what purposes we as society have in punishing them. In addition with over two million Americans in prisons and jails the role of this vitally important institution has even greater importance to the legal community and society generally than ever before.
These and many more relationships between Penology and Prisoners' Rights will be the subject of class readings, discussion, and seminar papers. A paper suitable for upper level writing credit is required for this seminar. There will not be a final examination.
Enrollment limited to 15 students.
LAW 653; 3 Credits This seminar provides an examination of established and emerging theories of both recovery and defense where a person or property have been injured or damaged by a product. Tort and contract theories of recovery are examined and major legal and technical problems of establishing causation and defining adequacy of warnings are studied. Special problems in products liability litigation, including the role of the expert witness, are discussed. State and federal liability reform is studied. The language and effect of the Restatement (Third) Torts: Products Liability are explored. A substantial research paper is required in lieu of an examination.
LAW 625; 3 Credits
Required course for all 1st year Full Time students and all 2nd year Part Time students An examination of practical issues of professional responsibility and professional discipline faced by lawyers in practice. It also covers the problems facing the legal profession as a whole, including, but nor limited to, the lawyer¿s role as a negotiator and counselor.
LAW 634; 4 credit hours
Required course for all first year students.
This course investigates the law¿s recognition of ownership and the protection of possession. Special attention is directed to the bases for such recognition and protection and to the limits on protection that result from competing interests. Also considered are the creation of multiple proprietary interests, concurrent and consecutive, the estate system, basic future interests, landlord-tenant, bailments, easements and other servitudes, and concurrent ownership. The course concludes with an introduction to basic conveyancing and the recording acts.
Public Health Law
LAW 693; 3 Credits This course explores important issues in public health, including the constitutional limitations on the government¿s police power in protecting individual and community health, and the intersection of disability law with public health law. The course also assists students in developing appropriate evaluative skills regarding epidemiological data. The course further exposes students to specific modern public health threats including HIV/AIDS, tobacco, alcohol and drug addiction, cancer, drug-resistant bacteria, bioterrorism, and access to food and water.
Real Estate Finance Law
LAW 768; 2 or 3 Credits Fundamental aspects and legal problems of real estate financing are explored, such as absolute deed as a mortgage; remedies of mortgagees, including receivership, assignments of rents, possession; transfers of mortgagor's interest; transfer of mortgagee's interest; foreclosure by judicial proceedings and by power of sale; equitable and statutory redemption. When offered for three credits, the course also explores the law concerning leasehold financing, construction financing, purchase money mortgages, replacement and modification of senior mortgages and impact on junior lienors.
Real Estate Transactions
LAW 742; 3 Credits The course explores the real property transfer process, including duties and obligations of broker, seller and buyer to each other; basic aspects of financing and mortgages; income tax aspects of real estate and closings; title insurance; and leases.
LAW 658; 3 Credits This course is an examination of the alternative means for obtaining redress through the courts. Equitable and legal remedies are studied and compared, including restitution, specific performance, injunctive relief, equitable liens, constructive trusts, and damages. The course draws upon and pulls together matters considered in diverse courses such as Torts, Contracts, Property Law, Procedure and Creditors' Rights which coalesce in real life and which the student may not have had an opportunity to consider together. The strategy and tactics of choice of remedies are explored, as well as out-of-court negotiations and settlement techniques. This course also requires students to prepare several drafting assignments.
Risk and Environmental Regulation
LAW 771; 2 Credits Chemicals are regulated during all phases of their manufacture and use from the introduction of new products to worker exposure; from use as food additives to the export of products; from the application of pesticides to the public disclosure of risks. A unifying theme of the different regulatory programs involved is the degree to which the extent of regulation of a particular chemical is driven by the degree of risk posed by that chemical. The course explores this regulatory process under half a dozen federal and state statutes and one directive of the European Economic Commission.
Science for Environmental Lawyers
LAW 802;2 Credits Most environmental issues involve the attorney in a close professional working relationship with experts in the biological and physical sciences, or on technical fields such as engineering or hydrology. This interdisciplinary course examines the recurring issues of ecology, toxicology, epidemiology and Pollution control engineering which arise in an environmental law practice. This course is required for LLM students and recommended for JD students.
Securities Arbitration Clinic
LAW 826A and B; 2 Credits (1 clinical,1 academic) each semester; two semesters required
*Especially suitable for part-time day and evening division students. A four-credit-per- semester option may be available. Under faculty supervision, legal interns handle arbitrations before either the New York Stock Exchange or the National Association of Securities Dealers. This involve client interviewing and counseling, fact investigation, preparation of legal memoranda, and either conducting an arbitration or negotiating a settlement. Intern teams meet regularly and frequently with each other and with the clinical faculty throughout the year. The Clinic meets once a week as a seminar to study the substantive law of broker-dealer regulation, arbitration theory and practice, and lawyering skills. Private practitioners, Securities and Exchange Commission attorneys, and staff from the Self-Regulatory Organizations assist in the teaching of the seminar. The seminar is scheduled in the evening, and part-time students who can arrange their daytime schedules to be available for two short (typically one day) arbitrations are encouraged to apply. Permission of the professor, based upon application and interview, is required. While there are no prerequisites, it is strongly recommended that students take Business Associations I (Corporations) and Evidence before enrolling. In addition, it is recommended that students take Trial Advocacy and Interviewing, Counseling and Negotiation, either before or concurrently with the Clinic. Preference is given to third- and fourth-year students. .
LAW 657; 3 Credits This course covers Federal law and the rules of the Securities and Exchange Commission in the issuance and trading of securities; and legal and regulatory aspects of the securities industry generally. Prerequisite: Corporations and Partnerships.
Selected Topics In Conflicts of Laws
LAW 678A; 2 Credits The primary subject to be addressed in this course is Choice of Law. Controversies encompassing parties, events and issues originating in more than one state or implicating state-federal-international relationships require making a choice from various substantive and procedural laws to govern the decision-making process. Choice of Law is constitutionally grounded in the Full Faith and Credit Clause and the Due Process Clause, and draws liberally upon Family Law, Torts and Estates Law for its context. The course also covers some aspects of the recognition of foreign judgments.
Selling and Buying a Business -- Drafting to Closing
LAW 667; 2 Credits This course combines factual analysis, legal analysis and contractual drafting. Students have a number of short drafting assignments designed both to sharpen their drafting skills and their ability to see and deal with issues that invariably arise during a business negotiation .Prerequisite: Corporations and Partnerships. Recommended for third year students.
Separation of Powers Seminar: The Ascendancy of the Executive Branch
LAW 744; 2 Credits This seminar examines effects of recent national events (September 11, 2001 among others) on the carefully constructed ¿balance of power¿ and on individual rights in our Constitution. The division of function and authority, especially between the President and Congress reacts to an emergency. A pronounced accretion of power in the President and the Department of Justice is evident in contemporaneous legislation and executive orders:
The Homeland Security Act, the USA Patriot Act, the President¿s Military Commission Order, amendments to the Foreign Intelligence Surveillance Act and the War Powers Resolutions. The seminar will study these and other ¿emergency¿ responses enhancing the executive power, and efforts of Congress and the courts in redressing the balance.
Sexuality, Gender & The Law
LAW 758; 3 credits This course examines how the law addresses consensual sexuality, sexual orientation and gender expression and identity. We will analyze the application of a number of constitutional doctrines, including the right to privacy, freedom of expression, freedom of association, church-state separation, and the rights to due process and equal protection. Our study will encompass state criminal laws against sodomy and prostitution, the law of abortion and contraception, and the treatment of gay and transgendered Americans in family law (marriage, domestic partnership, adoption and child custody), public and private employment discrimination law, military law and education law. Primary course materials include cases and law review articles, supplemented by interdisciplinary readings in history, media, psychology, medicine and sociology.
Survey of Intellectual Property
LAW 603; 3 Credits
A comprehensive introduction to the principal intellectual property law areas, including copyright, trademark and patent law, unfair competition, the right of publicity, trade secrets, and related federal and state doctrines. We will examine the basic legal principles independently as well as at their intersections, and in the context of the evolving technologies of the new millennium, including the Internet, computer software, digital broadcasting and music distribution, bioengineering, and industrial design. Themes will include the study of intellectual property as "property" and "commodity," the protection of intellectual property across national borders in a globalizing marketplace, and the complicated governmental objective of promoting and protecting human creativity and ingenuity while not unduly restricting its dissemination to the rest of society.
Tax Policy Seminar
LAW 778; 2 Credits
The seminar will first examine the principal criteria used in deciding tax policy: equity, efficiency, administrability, and simplicity. Using these criteria, the seminar will then consider a number of current issues including the following: should our progressive tax system be replaced by a flat tax or should it be made more progressive; should the ¿marriage penalty¿ be repealed, and if so, how; should gifts and personal injury awards be taxed; should capital gains be taxed at a lower rate than ordinary income; should the current income tax be replaced with a value added tax or a tax on consumption; and any other issue or issues the class wishes to explore. A paper will be required.
LAW 756; 2 Credits This course examines the history of the Federal Communications Act, and the cases, congressional initiatives and technology advances which are influencing the direction of the law. The First Amendment, state public service regulation, competition in cable television, local and long distance telephone service, and privacy and property rights in cyberspace, are examined in a course setting that emphasizes administrative procedure.
The Law of Water
LAW 681A; 3 Credits Water law occupies a unique niche in the American legal landscape. At one level, it is about property. At another level, water law is about the public rights inhering in a shared and biologically crucial resource. And at still another level, water law is about federalism, navigable waterways, and fisheries and wildlife management. This course is about all those things and more. It examines the evolving law of water, looking at the differences between states and between regions, and at whether current laws remain applicable and relevant to a changing hydrologic landscape.
LAW 624; 3 Credits "The Practice" is a three hour course aimed at introducing students to the ethical, professional and personal conflicts in the practice of law. Enrollment is limited to twelve students. Each week students will view an episode of the series "The Practice", will read at least two law review articles on each of at least two issues raised in the episode and will lead or participate in class discussion of all the issues assigned for the week. Students will keep a weekly journal concerning their readings, the class and personal reflection on the issues discussed. At the end of the semester, students will have an opportunity to annotate their journals. Grading will not be anonymous and will be based upon quality of class discussion and the quality of the journal. This is a no cut class, without prior permission of the professor. Prerequisite: Professional Responsibility.
LAW 631; 4 credits
Required course for all first year students
This course is a 4 credit offering which is a study of civil wrongs analyzed under the three general theories of tort liability: intent, negligence, and strict liability. This course covers an introduction to tort liability; intentional torts; negligence; nuisance; strict liability; defenses; causation; statutory torts; alternatives to negligence (no-fault); and an introduction to defamation and privacy, products liability and commercial torts.
LAW 853; 2 Credits This introduction to trademark law provides an overview of trademark protection. The course examines the subject matter of trademark protection, acquisition and retention of trademark rights, federal trademark registration, likelihood of confusion and trademark infringement, trademark dilution, trade dress, false advertising, and trademark/free speech issues.
LAW 684; 4 Credits
This course introduces students to the theories and approaches to fact analysis, persuasion and rhetoric, trial planning, trial process, jury composition, evidence, advocacy, addressing jurors, examining witnesses, visual persuasion. In addition, students practice and master the basic techniques of advocacy at trial: voir dire examination, opening statements, closing arguments, direct examination, cross examination, exhibit handling, offering and objecting to evidence, presenting and combating expert witnesses. This course is a prerequisite for some clinics and for both the intra- and interschool Trial Advocacy competitions.
Prerequisite: Evidence and Professional Responsibility
Upper-Class Writing Requirement Upper-Class Writing Requirement
In addition to the innovative Criminal law analysis and Writing course taken by all first-year students, the Law School requires upper class students to complete a writing project under the supervision of a professor. Each semester, a group of courses are offered that are certified as satisfying the upper-level writing requirement. Participation in law reviews and moot court competitions, although highly beneficial in sharpening writing and research skills, does not satisfy the requirement.
Water Resource Law
LAW 681; 2 Credits This course explores how and why the law governing private water rights developed very differently in the humid east and the arid west in the United States. It examines the constitutional and political aspects of the roles of state and federal governments in the allocation and regulation of water resources. The topics covered include interstate allocation of water supplies, river basin planning, and ground water management. It studies the resolution of competing demands for water for municipal, agricultural, power, industrial, navigational, recreational and environmental purposes.
White Collar and Corporate Crime
LAW 807; 3 Credits Prosecutions for "white collar" and corporate crimes are one of the major growth industries of the late twentieth century. This course surveys major areas of business crimes, including mail and wire fraud, securities fraud, False Claims Act and "qui tam" prosecutions, perjury and obstruction of justice, the Racketeer Influenced and Corrupt Organizations Act, and the Foreign Corrupt Practices Act. Particular emphasis is placed on environmental crimes, health care fraud and abuse, and crimes affecting workplace health and safety.
Wills, Intestate Succession, and Trusts
LAW 701; 3 Credits This course examines principles of law governing intestate succession, testamentary disposition of property, and trusts. Also included are the rights of afterborn, adopted children, and children born out of wedlock.
Women and the Law
LAW 816; 2 Credits This course examines a variety of gender-bias issues. Among the substantive areas covered are sexual inequalities in marriage and divorce; domestic violence and other crimes; gender bias in the work place, the courts, education and athletic programs. A paper of publishable quality is required. Constitutional Law is recommended, but not required.
2.000 Credit hours
2.000 Lecture hours
Levels: Law-JD, Law-LLM, Law-SJD
Schedule Types: Seminar, Tutorial
Must be enrolled in one of the following Levels:
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