Fall 2012 Course Offerings
This course will introduce students to the basic principles of admiralty law, i.e., the statutes and common law regulating the rights and liabilities associated with the carriage of goods and passengers over water. The course will cover admiralty jurisdiction (including the respective jurisdictions of the federal and state courts), as well as the special procedures applicable to admiralty litigation. Students will study substantive admiralty law, including the law regarding the injury and death of maritime workers and passengers, the lease of vessels (i.e., charter parties), the carriage of goods, marine insurance, and liability for collisions among ocean-going vessels. As part of this study, students will explore the impact of and the general international maritime law upon the maritime law of the United States.
Alternative Dispute Resolution
This course introduces law students to the range of dispute resolution processes increasingly in use both within and outside of the courts. These techniques – including negotiation, mediation, arbitration, and so-called hybrid processes such as early neutral evaluation, summary jury trials, and mini-trials — have been incorporated into both state and federal court programs and may be available through private providers. Under a recently-adopted New Jersey Court Rule, lawyers are urged to “become familiar with available CDR (Complementary Dispute Resolution) programs and inform their clients of them.”
Credits: 2 or 3
A study of appellate practice and procedure, brief writing, and oral advocacy through both lectures and practical experiences. Each student is given the record of an actual case and is required to prepare a full brief and present an oral argument.
Art Law Seminar
This seminar will examine how the law shapes, contours and constrains both the visual arts and artists. Emphasis will be given to issues such as copyright protection for artists; the moral and economic rights of artists; censorship and First Amendment rights of artists; artists’ business relationships; public support for art and the display of art in public places; preservation of art and cultural property; stolen art and forgeries; the international movement of art, repatriation of cultural objects and the illicit international trade in art; and the role of museums in society. In addition to casebook readings and weekly discussions, the class will consider contemporary art controversies as a means of examining these broader issues. Students will participate in a field trip to a local museum or listen to a panel presentation by local gallery owners and museum curators. Requirements for all students include: class participation, an “op-ed” column on an assigned topic to be debated in class, and a research paper. Class size will be limited to 20 students.
This course covers the standard subject matter of a general course in corporation law, including the nature, formation, promotion, and governance of corporations. Specific topics include comparison of the corporation with the partnership, as well as a discussion of non-partnership unincorporated businesses (LLC, etc.); powers of the board, officers, and shareholders; the federal proxy rules; insider trading and securities fraud; problems of the close corporation; directors’ fiduciary duties to the corporation and duties to the investing public; social concerns and their relation to corporate governance.
Child Advocacy Clinic
Students in the CAC work on a variety of cases and projects concerning children and low-income families. In many of our cases, students act as Law Guardians (attorneys) for children who have been brought before the family court because of child abuse and/or child neglect concerns. Many of these children have been removed from the care of their parents, at least temporarily, and are residing in foster care or with relatives. In these cases, students are responsible for ensuring that the legal interests and needs of these children are being met. As part of this representation, students appear in court hearings in the Superior Court of New Jersey, Essex County, Family Part.
On other cases, students represent family members in fair hearings (like mini-trials) before administrative law judges (of the Office of Administrative Law and the Office of Disability Adjudication and Review) where children have been wrongly denied needed public benefits or incorrectly terminated from benefit programs. In these hearings, students do everything from interviewing clients to writing briefs to representing clients at hearings.
Community education and outreach also are an important part of the work of the CAC. Accordingly, in addition to individual casework, students are responsible for at least one community education project each semester. Past projects have included conducting educational workshops for youth aging out of foster care and youth detained at juvenile detention centers, planning and presenting at conferences for kinship caregivers, preparing written educational materials, and staffing information tables at various community gatherings.
What is unique about the CAC is its holistic, collaborative, and interdisciplinary approach to addressing the needs of children and families. In all its work, the CAC collaborates closely with all of the other clinics at Rutgers School of Law and with professionals in other disciplines in addressing the multiple issues, legal and non-legal, that the children and their families may face. In addition to fundamental lawyering skills, substantive law, and professional responsibility, the CAC’s curriculum teaches law students the importance of evaluating cases in a comprehensive manner and how to work effectively with persons from other disciplines.
Children & the Law Seminar
This seminar will examine the constitutional and public framework for allocating power and responsibility among children, parents, and the State. It will explore selected legal topics relevant to this central theme, including child custody and child support; child abuse, neglect and inadequate parenting; medical and psychiatric treatment; and educational rights. The seminar will consider the changing nature of childhood and the family and emphasize sociological and psychological issues raised by the current legal structure.
Cognitive Psychology for Lawyers Seminar
he last 30 years have seen a veritable explosion of new knowledge and new concepts of how people perceive, think, and decide. These stress that most thinking and deciding is done without conscious thought or rational deliberation. Named in various fields as "the new unconscious," "System 1 and System 2 Thinking," and "behavioral economics" these have revolutionized the varous academic domains where they have appeared. Will they do the same for law? They shed new light on a broad range of legal activities and doctrine - how lawyers persuade judges and juries, how lawyers negotiate, how mediators work, the accuracy of witness memory and perception, the nature of biases, the limits of free will and legal responsibility, and so on. The seminar will explore these topics through books written for the general public by important researchers in the field. The second half of the seminar will be devoted to student reports on approved research projects. Prior familiarity with academic psychology is not required. In fact, a seminar composed of students with a variety of backgrounds and experiences would be desireable. Grading will be on the basis of a paper and class participation. Student papers may be used to satisfy the Graduation Writing Requirement with the prior written permission of the instructor.
A basic course in sales, secured transactions, and negotiable instruments. Depending on the professor, course coverage can include Uniform Commercial Code articles 2 (sales), 2A (leases), 3 (negotiable instruments/payments), 4 (bank deposits), 4A (funds transfers), 5 (letters of credit), 8 (investment securities), and 9 (secured transactions).
Conflict of Laws
This course examines the legal problems that arise when a lawsuit involves parties and events connected to two or more states. These problems concern personal and subject matter jurisdiction, choice of the applicable state law, and recognition of the judgment by courts of other states. In addition, students will explore the theories used by courts and recommended by scholars to resolve these problems.
The study of the United States Constitution, in terms of the structure of government it establishes and the rights it confers upon individuals. The course explores the origin and operation of judicial review, the separation of powers, and more generally the interrelationship between the branches of the federal government, and the respective powers of the federal and state governments, particularly with respect to the regulation of interstate and foreign commerce. The course also provides an initial exposure to the protection of civil liberties and civil rights, including doctrines relating to equal protection of the laws and procedural and substantive due process of law.
Constitutional Litigation Clinic
The Constitutional Litigation Clinic, since its founding in 1970, has worked on cutting-edge constitutional reform. Through the clinic, students not only learn the law, they make the law. Constitutional Litigation Clinic students have litigated a remarkable array of landmark civil rights and international human rights cases. The clinic’s extensive docket has included the nation’s first suits against police surveillance of political activists; a successful challenge before the U.S. Supreme Court of Congress’ authority to refuse to seat a duly elected member; a successful defense of the right of non-profit advocates to distribute leaflets to voters door-to-door and in shopping malls; lawsuits to implement affirmative action programs and to enforce affordable housing laws; protection of immigrants’ rights; protection of the rights of alternative political parties; a successful challenge to municipal ordinances barring use of public parks by non-residents; suits against the state police for unreasonable searches of motorists on New Jersey highways; and a successful challenge to the use of electronic voting machines that don’t produce a verifiable paper ballot. In the past few years, the Constitutional Litigation Clinic has expanded its docket by litigating international human rights issues both in the United States and in international tribunals. Clinic suits have developed new law to protect political asylum seekers, including the first decision from a federal court that U.S. officials can be sued for violations of international human rights. Students are actively involved in all aspects of the clinic’s work including deciding which cases to take, interviewing clients, developing the facts, crafting legal theories, drafting legal briefs, and preparing for oral arguments.
The study of voluntary obligations. The course explores the bases for enforcing promises, e.g., consideration, bargain and reliance, and quasi-contractual obligations. The mechanics of contract formation, including formalities and the effects of adopting a writing, are also explored. The course focuses upon the interpretation of contract and identification of breach, and the subject of remedies and the interests protected by various methods of contract enforcement and calculation of damages. The course may also cover conditions, order of performance, and measures used to incorporate realities external to the classic contract, such as justifications for non-performance and the concept of relational contracts.
Copyright & Trademark
This course surveys all areas of intellectual property with a focus on copyright and trademark law. The student will examine the laws that protect the ideas, trade secrets, rights of publicity, copyrights, trademarks, and patents of creators. This course is based in federal statutes and interpretative case law. However, state law is also reviewed and considered, with particular emphasis on relationships between state and federal laws within the constitutional framework of federalism. The move for global harmonization of intellectual property law is explored while reviewing subject matter of cases that cover a broad spectrum of products and services from the turn of the century to modern day technologies.
Prerequisite: Business Associations
The law and economics of the financing of corporations, including (1) the valuation of securities and of the issuing corporation; (2) the rights of senior security holders; (3) insolvency reorganization; (4) capital structure and dividend policy; and (5) mergers, recapitalizations, and takeovers. Course materials include basic financial economics and documentation from actual financing transactions in addition to cases, statutes, and other traditional materials.
The study of the substantive criminal law as a means of social control. The course focuses on evaluation of the considerations which do, or should, determine what behavior warrants criminal sanctions. The course also explores the factors which bear on the treatment or punishment to be imposed for such conduct.
This course provides an overview of the constitutional amendments regulating police conduct in the administration of criminal justice with special emphasis on the due process and equal protection clauses of the Fourteenth Amendment; searches and seizures under the Fourth Amendment; and police interrogations under the Fifth Amendment. Supreme Court decisions in this area have reflected intense division among the justices. Class lectures and discussion will explore the different types of arguments through which constitutional doctrine is developed and the competing assumptions and values that inform the doctrinal divisions.
Course not open to students who have taken Bankruptcy or Secured Transactions.
Course provides an introduction to the law of security interests in personal property under Article 9 of the Uniform Commercial Code and the law of individual bankruptcy and corporate reorganization under the Federal Bankruptcy Code. Article 9 topics include the creation and perfection of security interests, priority among the holders of competing interests, and the enforcement of contract rights under the UCC. Bankruptcy topics include the rights of creditors in bankruptcy, individual’s right to discharge, the relationship between bankruptcy law and state law, treatment of executory contracts, bankruptcy planning, restructuring of corporations in Chapter 11, and procedure for confirming plans of reorganization.
Election Law & Political Process Seminar
A practicum in politics and the electoral process. We will examine federal and state constraints on political campaigning, with emphasis on the Federal Election Campaign Act. Among topics to be considered are presidential campaigning and the Electoral College; fund-raising and reporting in federal elections; political activity by business and labor organizations; operation of political action committees; grass-roots organizing and campaigning; the Federal Voting Rights Act and voter registration; broadcast regulation; election law reform; ballot access; the right to vote; election day operations; counting the votes and challenging the results; political patronage.
Current topics in the employment relation that fall outside the system of collective bargaining, including: regulation of employment termination; privacy rights on the job (including hiring questionnaire, disclosure of personnel information, searches and seizures, drug testing, electronic monitoring); employment relations of independent contractors and home workers; employee representation on board of directors; employee-owned businesses. Problems relating to invention agreements and covenants not to compete also may be considered.
Energy, Economics and the Environment
This course explores the legal and economic basis for the regulation of the energy markets. It will provide a brief overview of the history of the regulation of electricity, gas, generation and transmission. The course will describe the role of the Federal Energy Regulatory Commission, Regional Transmission Organizations and state public utility commissions on regulating energy costs. The materials will explore the policy issues associated with deregulation of the energy industry and specifically review New Jersey’s experience with deregulation. The materials will cover such issues as rate regulation, siting of liquid natural gas facilities, pipelines and new transmission lines, physical and financial hedging and policies that encourage new generation and renewable energy. The course will discuss the impact of CO2 emission reduction laws on energy costs. The course will cover such topics as mergers and acquisitions in the energy industry and financing of new energy initiatives. The course will discuss manipulation in the energy markets and its impact on the cost of energy to the consumer.
Environmental law in the United States, as a distinct field of legal practice and scholarship, is younger than some of today’s law students and probably most of their teachers and parents, yet it affects profoundly our quality of life, our society, and our economy. This introductory course surveys environmental law through study of a suite of major federal environmental statutes. The evolution and current state of these laws will reveal recurrent themes and problems in the law of environmental protection. The course will also address issues of environmental justice and emerging legal responses to climate change.
N.B. Evidence-Section (3) with Professor Raveson will have a limited enrollment. Students who register for Evidence-Section (3) with Prof. Raveson MUST also register for Trial Presentation with Professor Raveson Section (1).
Prepares the student to use rules of evidence in the preparation and trial of civil and criminal litigation. Using the New Jersey and Federal Rules of Evidence as a framework, the traditional categories (relevance, hearsay, impeachment, writings, experts, privileges, etc.) are examined with the objective of training students to understand the rationale behind all evidence rules so that they can reason about and use all rules of evidence with maximum effectiveness.
Examines the legal aspects of the family unit, including establishment of the marital relationship, intrafamily rights and responsibilities, marriage dissolution, problems of support and the custody of children, and, as time allows, the role of the state in protecting the welfare of children. The changing role of women is implicated and explored in each area. The four-credit version of this course will include a greater focus on the relationship between parents, children, and the state.
Federal-state relations are a subject of great controversy in contemporary political debates and legal discourse, both in the United States and the European Union ("EU"). This seminar will explore the origins and history of federalism, competing theories of federalism, and the current law and practice governing the relationship between the federal and state governments.
This seminar will examine (1) federal preemption of state law, and the intersection of preemption doctrines with both the federal government's preeminent role in foreign relations and federal agencies' broad powers, (2) the scope of federal common law after Erie Railroad v. Tompkins, (3) the dormant Commerce Clause constraints on states, (4) whether and to what extent "political protections" of federalism currently actually exist, (5) contemporary debates regarding the breadth of the Commerce Clause and other enumerated powers, and (6) interstate compacts and interstate compact agencies as mechanisms for federal/state and state-to-state cooperation. The seminar might also explore the EU's model for EU/nation-state relations.
The course will discuss issues that are generally not covered in Constitutional Law or, if they are, only superficially. Moreover, the historical and conceptual portion of the seminar will provide new insights into even those federalism issues that participants have covered in Constitutional Law.
Federal Income Taxation
Basic course in the structure and operation of the federal income tax and its application to individuals and business organizations.
Federal Tax Law Clinic
Prerequisite: Federal Income Tax
The Federal Tax Law Clinic represents low-income individuals in disputes with the IRS. Students represent clients at audits, negotiate with IRS appeals, and actually litigate cases in the U.S. Tax Court. Principal educational goals include developing familiarity with tax rules and procedures and ethical considerations in tax practice. Students develop skills in interviewing, counseling and negotiation through simulation exercises and then use these skills in their cases. Students argue a mock motion and participate in a mock Tax Court trial.
Food and Drug Regulation Law
A course in the federal regulation of food, drugs, cosmetics, and medical devices four of our most vital industries. The seminar is designed to provide an understanding of the statutory provisions and administrative actions that govern marketing of these critical consumer products. It deals with development of federal regulatory controls, pursuant to the Federal Food, Drug, and Cosmetic Act, with particular focus on the response of Congress to such proglems as the useof chemical additives in food, the assurance of the safety and effectiveness of drugs and medical devices, and the safety of cosmetic ingredients. A study of both case law and administrative rule-making is undertaken by examining a variety of actions taken by the Food and Drug Administration (FDA) in implementing the Act. The seminar is presented to reflect the concerns of the regulated industries as well as those of the FDA.
Foreign, Comparative, and International Legal Research
As the practice of law becomes increasingly influenced by extra-judicial or extra-national events and organizations, knowledge of foreign, comparative, and international legal research becomes increasingly important. This course introduces upper-class students to the research strategies and resources useful in the study of transnational legal organizations, foreign jurisdictions, and public international law. Upon completing this course, students should be able to identify and evaluate research resources for public international law, the laws of foreign jurisdictions, and legal materials from international and non-governmental organizations.
This course will provide an analysis of federal and state laws governing legalized gaming in the United States with an emphasis on New Jersey, Pennsylvania, New York, Nevada, and the Internet. The powers of federal and state regulatory agencies are examined, and the underlying reasons for regulation and the methods utilized to ensure the integrity of the gaming industry will be discussed. The course focuses on the history of legalized gaming activities, the licensing process, and the extensive regulation of the gaming industry. Current and future treands of gaming, including the expansion of gaming in the United States, internationally, and through the Internet will be analyzed. Various statutes, administrative regulations, case law, and articles will be used as course materials.
Gender, Gender Identity, Sexuality, and the Law Seminar
Course not open to students who have taken Gender and the Law Seminar
This seminar will explore the intersections of law, gender, gender identity, and sexuality through the frameworks of constitutional law, anti-discrimination law, family law, and legal theory. Topics include employment discrimination, intimate relationships, family, and violence. The seminar will explore throughout these topics legal and social constructions of gender (including gender identity) and sexuality, privacy, autonomy, and the intersections of gender, sexuality, class, race, and ethnicity.
Health Care Law and Policy I
Health law is a vast and constantly evolving field that has emerged in response to perceived market and regulatory failures. This course will provide an overview of the major systems of legal rules governing access, financing, organization, and quality in the U.S. health care system. Throughout the term, students will explore the roles of patients, payers, providers, and federal and state governments both in the context of the legal framework of the new health reform bill, as well as in the context of the many-layered pre-existing legal regimes shaping our health care system. Because the practice of health law occurs in a rapidly changing legal and policy environment, this course aims to give the student not only a solid grounding in the various legal regimes as they address health care in the U.S. currently, but also facility with the policy arguments that they will use and encounter in their client advocacy, and will shape the health care system of tomorrow.
Hedge Funds Seminar
Prerequisite: Business Associations
This seminar will focus on the private investment entities commonly referred to as “hedge funds” as well as other pooled investment vehicles. The seminar will address the legal and economic issues associated with different forms of private investment entities, such as “traditional” hedge funds and private equity funds, and the distinctions between domestic and offshore funds, and review the federal and state regulatory framework governing hedge funds and investment advisers, including current proposals to require the registration of hedge funds as investment advisers. The seminar will also explore the process of forming a hedge fund and the operation of a hedge fund, including a review of the legal and business issues and associated documents. Seminar members will, individually and in teams, participate in negotiations and presentations and the drafting of documents.
Human Trafficking Seminar
This seminar will examine the international and individual state legal frameworks to combat trafficking in persons around the globe. Topics will include the development and implementation of the Palermo Protocol, individual state responsibility and responses, and substantive and procedural challenges to effective enforcement of available legal measures. In addition, we will examine specific populations and industries particularly affected by trafficking.
Immigrant Rights Clinic
Pre- or Co-requisite: Students taking the clinic in the fall semester must take, or have taken previously, Refugee Law. There are no pre- or co-requisites for students taking the clinic in the spring semester, but it is recommended that spring semester clinic students take, or have taken previously, Immigration & Naturalization Law or the Immigration Policy Seminar.
The Immigrant Rights Clinic, the newest of the Rutgers–Newark clinics, serves the local and national immigrant population through a combination of individual client representation and broader advocacy projects. The IRC is a one-semester clinic; however, the type of work engaged in by the fall semester IRC students differs significantly from the type of work engaged in by the spring semester IRC students.
Students enrolled in the IRC in the fall semesters engage in individual client representation. Under faculty supervision, students represent immigrants seeking various forms of relief from removal, including asylum for persecuted individuals; protection for victims of human trafficking; protection for battered immigrants; protection for victims of certain types of crimes; protection for abused, abandoned, or neglected immigrant children; and cancellation of removal. Students are responsible for all aspects of representing their clients, including interviewing and counseling, preparing witnesses, engaging in fact investigation, conducting legal research, drafting litigation documents (such as affidavits, briefs, and evidence packets), and oral advocacy. Ideally, each team of students represents its client at an immigration hearing at the end of the semester. In the fall semesters, the weekly seminar class focuses on substantive humanitarian immigration law and live client lawyering skills.
Students enrolled in the IRC in the spring semesters engage in broader advocacy projects on behalf of organizational clients, primarily immigrant rights organizations. The subject matter of the advocacy projects varies from year to year, but might include detention conditions, due process concerns, access to counsel, family reunification, conditions of supervision, consequences of criminal convictions, or enforcement issues. The final products of the projects also vary and might include toolkits for practitioners, research reports, white papers for legal services organizations, amicus briefs, or pro se materials for litigants. Working in teams, students build professional relationships with government and nongovernmental policymakers, academics, individual immigrants, public interest organizations, and others. Under faculty supervision, students have primary responsibility for making project-related decisions, conducting necessary factual and legal research, and implementing their decisions. In the spring semesters, the weekly seminar class focuses on substantive immigration law and policy and advocacy skills.
In both semesters, students attend rounds sessions and team meetings in addition to the weekly seminar class.
Immigration & Naturalization Law
Survey of laws dealing with the defense of alien rights. Analysis of current law governing the admission, exclusion, and deportation of aliens. Discussion of eligibility requirements in various immigrant, and non-immigrant visa categories. Reviews of laws pertaining to acquisition of U.S. citizenship.
From the “mom and pop” candy store to the largest multi-national corporation, every business relies on insurance to protect itself from catastrophe. This course will provide an introduction to the nature of insurance, including the marketplace (brokers, agents, and insurance carriers) and the major commercial lines of insurance. We will also discuss in detail fundamental insurance law concepts, the key provisions of an insurance contract, and the major current areas of litigation between commercial policyholders and insurers.
International Alternative Dispute Resolution
This course will explore the distinctive fora, processes, and law governing alternative dispute resolution in the international context by examining the entire dispute resolution process from beginning to end, i.e., from drafting alternative dispute resolution clauses to enforcement of awards or settlements. The course will focus on these issues in the commercial context. There will also be an emphasis upon different forms of dispute resolution such as mediation and arbitration and the cultural differences of which international practitioners should be aware. Students may be invited to participate in an international mediation competition in the spring semester.
International Human Rights Law
This course will provide an overview of the international legal and institutional system for the protection of human rights. We will look at the material both from an academic perspective and from the point of view of the human rights practitioner, tackling theoretical issues in the field as well as assessing the practical strengths and weaknesses of human rights law.
International Law & a Just World Order
The content of the course will cover the role of legal processes, institutions, and organizations in the evolving world community. It covers the manner in which traditional international law arose and calls for an analysis of the basic concepts of international law: sources, subjects, sovereignty, treaties and agreements, jurisdiction, state responsibility, the use of force, and peaceful settlement of disputes. Insofar as possible, it deals with the interrelated problems of war, poverty and mal-development, social injustice, and ecological instability throughout the globe.
International Law & International Organizations: Extent and Limits in Support of Human Rights and Global Justice
Bringing together theory and practice, the course will examine the extent and limits of international law and international organizations in support of human rights and global justice. It will describe and evaluate their contribution in these areas. The course will also explore suggestions to achieve a better alignment of international law and international organizations with the demands of human rights and global justice in the future. The course is open to graduate students from the Rutgers Law School and the Division of Global Affairs.
Prerequisite: Federal Income Taxation.
This course deals with U.S. taxation of income from international transactions. U.S. income taxation of foreign persons and of foreign-source income derived by U.S. persons is examined. Topics to be addressed include: operation of the foreign tax credit and of U.S. income tax treaties; the new definitions of U.S. residency under the Tax Reform Act of 1984; U.S. taxation of foreign investment in U.S. real estate; deferral of U.S. tax on income derived by foreign subsidiaries of U.S. companies; and U.S. tax consequences of differing methods of conducting international business transactions.
The explosive growth of the Internet as a medium for commerce and communications poses novel legal challenges. Addresses issues that must be considered when transacting business, offering services, or merely using the Internet. Covers electronic commerce, intellectual property protection, state process and regulations, contracts, privacy, torts, taxation, speech, crime, security regulations, advertising, and jurisdiction, among other issues.
Issues in Higher Education Law Seminar
This course examines the legal issues that confront universities and the laws, statutes and regulations that govern them. This is a course more about practice than theory. Rutgers itself will be a semester long case study and students will analyse issues and fact patterns based on matters that were handled by Rutgers’ attorneys or that have otherwise impacted the University. This course will focus on topical issues and study how societal changes and rapid technological developments over the last few decades have translated into legal and policy issues for universities, such as accommodations for students with disabilities; students, faculty or staff and mental health issues; social networks and student life; DMCA and file-sharing; copyright in a digital age; athletic programs and Title 9; FERPA, HIPAA and privacy; Bayh-Dole and commercialization of university intellectual property; ethics of internet research; regulation of animal research and the tension between the free flow of ideas and restriction of the export of certain data and technologies to countries unfriendly to the United State. Students will have the opportunity to choose issues of particular interest to them to research more fully.
Judicial Externship Seminar
Students work with a state or federal judge as a legal intern where they are assigned a progression of challenging, varied and increasingly complex projects associated with ongoing work in chambers. Students also engage in judicial-related work such as settlement conferences, attendance at trials, and the introduction of new management techniques in the courts. The externship also has a weekly seminar component that requires that students research and make a presentation on a court-related issue.
Labor Negotiations Seminar
This seminar will present an overview of the case law in the public and private sectors on negotiations practice and procedure, and a practical application of the law. Students will initially participate in a few short mock negotiations. For the remainder of the semester, students will be broken into teams and will negotiate an actual labor contract. The last day of the semester students will negotiate, as in actual labor negotiations, until a final agreement is reached. Students will each be required to write a memorandum of agreement memorializing the agreement reached. During the semester, students will be required to solve a few short problems regarding scope of negotiations issues that grow out of semester long negotiations. They will be required to research a short legal memorandum for each problem. Guest lecturers will include a mediator and a union and/or management negotiator.
Land Use Controls
An analysis of various legal controls which are available to carry out planning policy, with special emphasis on the relationship between implementing various planning goals and the basic principles of constitutional law. Review of the legal problems involved in zoning ordinances and in various types of housing and redevelopment legislation. Special attention given to the implications of such controls for civil liberties and basic democratic values. Current land use problems, including Mount Laurel.
Law Against Torture Seminar
Torture is at the heart of human rights law and activism. This interdisciplinary course will explore selected topics (legal, moral, historical, psychological, inter alia) arising from the practice of torture and efforts to define and prohibit it. United States, international, and some comparative law will be considered. Topics will include the Convention Against Torture; the Geneva Conventions; cruel, inhuman, and degrading treatment; rendition; non-refoulement; accountability; rape as torture, intelligence gathering, and national security; targeted killings, and other unintended consequences; the historical contexts of both torture and the campaigns to prohibit it.
Law & Mass Communications
This course explores the law that impacts upon the publication and broadcast of news and related content by traditional media, primarily newspapers, magazines, radio, and television. The course covers defamation, privacy causes of action and related news-gathering torts, journalist’s access to government information and government proceedings, reporters’ privilege to protect confidential sources and material, broadcast regulation, and the impact of new technologies on media law. Some emphasis is placed on the problems of developing a coherent theory of “freedom of the press” in the context of the media today.
Law & the Humanities II
Law is not the most effective means of social control. Custom, morality, ethics, religion, and habit are more pervasive and have much to do with the way people act in their day-to-day lives. Though cultures differ radically across the planet, the experience of being a human is remarkably constant in many respects; we are always in the process of trying to become, while culture is affecting us as we affect it. Drama, music, dance, architecture, painting, and literature are some practices which are conventionally labeled as humanities. The course will be concerned primarily with fiction, albeit other domains – painting, film, drama – will also be explored. Fiction is a useful way to explore the experience of being a human in various societies over time and around the world. Illustrative books from past courses (some will be repeated) include: The Book of Job; Aeschylus, The Orestian Trilogy; Plato, Phaedrus; Hawthorne, The Scarlet Letter; Dreiser, Sister Carrie; Eliot, Middlemarch; Dostoyevsky, The Brothers Karamazov; Morrison, Beloved; Achebe, Things Fall Apart; Mahfouz, Palace Walk; Amado, Captains of the Sands; Allende, The House of Spirits; Gordimer, None to Accompany Me; Roy, The God of Small Things; and McEwan, Atonement. This seminar honors the late Professor Emeritus Allan Axelrod.
Law of Armed Conflict Seminar
This seminar critically examines the legal norms governing the initiation, conduct, and termination of armed conflict. Topics will include aggression, self-defense, and humanitarian intervention; application of traditional principles such as distinction and proportionality to asymmetric conflicts; as well as military occupation, reparations, and war crimes prosecution.
(The) Law of Democracy: Elections and the Political Process
Provides a comprehensive overview of the political process, and examines the most significant contemporary legal and constitutional issues affecting federal and state elections. The course will cover rights of access to the political process, voting rights, group-based disenfranchisement, as well as structural issues such as campaign finance regulation, redistricting (generally, as well as partisan and race-based redistricting), the role of political parties and Bush v. Gore. The course also will touch on critical aspects of New Jersey’s election law including the nomination process, reporting of campaign contributions and expenditures, pay-to-play, public financing of campaigns, and other significant topics.
Course not open to students who have taken Professional Responsibility.
An introduction to the lawyer’s role and the law governing it, including such subjects as confidentiality, conflicts of interest, the limits of advocacy, lawyer fees, delivery of legal services, malpractice liability, and client misconduct. The course will focus on a series of problems, which will be explored in the light of professional rules, readings, and personal choices.
Legal Research and Writing I
This course covers how to research legal sources, analyze legal issues, and write objective and persuasive documents. Students research, draft, and revise several objective memoranda, a trial brief, and an appellate brief that cover a wide variety of legal topics. Students present an appellate oral argument in the spring semester.
An introduction to the laws governing the legislative process and the approaches to and principles of statutory interpretation. Among other topics the course will examine interpretive canons focusing on statutory text, the role of legislative history, legislative intent, and legislative purpose, “plain statement” rules, the effect of the construction of statutes by administrative agencies, and resolving conflict between statutes. Depending on the professor, the course may cover topics such as lobbying restrictions and the law relating to the election of legislators.
Incorporating the law, politics, and communications, this is not your parents' course on how a bill becomes a law. Students will learn the steps, challenges and solutions to passing legislation from an insider's perspective, using a multi-faceted approach that reaches beyond a classical roadmap. Using the New Jersey legislature as a prime focus, this course will provide a hands-on experience in how to draft legislation, work with legislative leadership and committees, involve interest groups, influence public opinion, deal with opponents, and earn the support of officials and staff from across the political spectrum. Speakers will include officials, staff, and other opinion leaders. The course will include at least one visit to the State House in Trenton. The final paper will consist of a proposal for legislation and a plan to get it passed, based on skills taught in the class.
The course will focus upon the study of statutes generally, with a goal of developing facility in reading and understanding statutes as well as writing them. We will examine the sources from which statutes are often derived, the different kinds of statutes (i.e., criminal, civil, administrative, etc.), current styles in statutory writing, and the parts of a statute and their functions. Students will attempt to write a statute on a subject that presents difficult problems in order to explore the kinds of issue that must be addressed in statutory drafting.
Prerequisite: Family Law
This course aims at familiarizing the students with matrimonial litigation practice. Specifically, the students will learn all procedural aspects associated with the commencement of a divorce action and the related pre-trial motion practice necessary to prepare a divorce action for trial. The students will then be taught substantive law in four key areas of New Jersey family practice litigation: equitable distribution, custody, alimony and child support, and attorney’s fees. Finally, each student will be given an opportunity to draft and argue before a New Jersey Superior Court Judge three distinct motions: an application for pendente lite relief, one to enforce court ordered obligations, and an in limine application to address trial related issues.
Moral Puzzles of Criminal Law Seminar
This seminar will explore and compare a number of legal and moral concepts. Can someone “cause” a result by doing nothing? How should the law treat a person who did the right thing but for a wrong reason? Should people be able to consent to actions that would hurt them? These are only some of the questions that will be discussed. In addition to cases and theoretical works, the seminar materials include movies, popular legal non-fiction, and news stories.
Lawyers may negotiate more than they engage in any other single task. Arranging business deals, setting the terms of employment (both union and non-union), transferring real estate, guiding divorces, setting all kinds of civil litigation, and plea bargaining are all familiar features of lawyers’ work. Good negotiating involves both skill and understanding of what one is doing. This course pays attention to both. Students participate in and critique several simulated negotiation exercises, drawn from varied aspects of legal practice. The course also surveys key modern ideas about negotiation. The last few decades have seen a substantial growth in the breadth and richness of negotiation theory, and the course will pay attention to how theory can usefully inform practice. This course is designed to follow up in a more intensive way some of the concepts introduced in Alternative Dispute Resolution, but Alternative Dispute Resolution is not a prerequisite.
New Jersey Practice
This course examines New Jersey Civil Procedure, covering organization and jurisdiction of the courts, venue, civil actions, process, joinder of parties and claims, discovery, pretrial motions including discovery motions and motions for summary judgment, pretrial conferences, motions during trial, appeals, and satisfaction of judgments.
(The) New Jersey Supreme Court: Powers and Relationships
This course will explore the powers of the New Jersey Supreme Court under the New Jersey State Constitution and as described in the Court’s opinions; consider representative opinions of the Court and of other State Supreme Courts and the United States Supreme Court in order to understand the interactions between those other Courts and the New Jersey Supreme Court; and, examine the relationships between the legislative, executive and judicial branches of government in New Jersey through a review of decisions that directly address those relationships as well as decisions that invalidate acts of the other branches.
New York Practice
This course examines New York Civil Practice Law: organization and jurisdiction of the courts; civil actions, process; joinder of parties, claims and remedies, venue; discovery; pretrial motions, including summary judgment; pre-trial conference; consolidation; trial motions; verdicts, finding and judgments; post-trial motions; executions; Article 78 proceedings; contempt; attachment and capias; injunctions and special proceedings; appeals — final, interlocutory and discretionary; scope of review; mandate and judgment.
A study of the patent law statutes and case law. The course covers the requisites of patentability, including eligible subject matter, utility, novelty, nonobviousness and disclosure. It then turns to patent enforcement issues, including claim interpretation, the doctrine of equivalents and remedies. The course also addresses the policy underpinnings of the patent system and the international context in which patents operate. The course is designed for a broad range of students, including those who may encounter patent issues as part of a general litigation, corporate or regulatory practice. No scientific, technical or patent background is required.
Course not open to students who have taken Legal Profession.
The number of suits against lawyers is growing, as is the law of malpractice and the involvement of other lawyers representing plaintiffs or defendants. This course considers such issues as the applicable causes of action, suits by non-clients, the role of experts and professional rules, defenses, and the prevention of malpractice.
The study of the rights associated with real property, with special emphasis on possessory estates and basic concepts such as possession, ownership, and title. Rights in the land of another and a brief introduction to future interests and, at times, to personal property are also included.
Course not open to students who have taken Refugee and Humanitarian Immigration Law
This course will examine concepts underlying refugee and humanitarian protection afforded to various classes of immigrants, with an emphasis on United States law and policy. The majority of the course will focus on the law of asylum, a form of relief available to those refugees who have been persecuted in the past or fear future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. A portion of the course will be devoted to other types of humanitarian relief, such as relief under the Convention of Torture; Temporary Protected Status for those who cannot be returned to their home country due to armed conflict or environmental disaster; and protection for victims of human trafficking, battered immigrants, victims of certain crimes, and abandoned or abused children. The course will also address practical aspects of refugee representation, including the impact of psychological trauma and cross-cultural communication. Students will engage in experiential learning, for example by observing asylum hearings or visiting a local detention center, and will take an exam at the end of the semester. There is no prerequisite for this class, and no prior knowledge of immigration law is presumed.
Securities fraud litigation has exploded in profile within the legal landscape over the past five years. This course explores the enforcement tactics of the Securities and Exchange Commission, criminal prosecution in the securities area, private securities class actions, and securities fraud in the private arbitration forum. The course approaches these topics from both a practical and doctrinal perspective, including the rules of law and equal emphasis on real world considerations faced by the lawyers practicing in the area. Students will study the litigation aspects of the Madoff affair.
Special Education Law Seminar
The course will start with an historical examination of the public education system’s treatment of children with disabilities, and the subsequent federal legislative response to the inadequate educational opportunities afforded them (namely the Individuals with Disabilities Educational Act (“IDEA”) and its predecessor Acts, Section 504 of the Rehabilitation Act, and the Americans With Disabilities Act (“ADA”)). We then will cover each step of the special education process, including “child find,” evaluation, eligibility and classification, individualized educational program (“IEP”) development, student discipline, procedural safeguards, court proceedings, available remedies, and the meaning of the statutory requirement that schools provide “a free and appropriate public education in the least restrictive environment.” At each stage, we will examine the applicable statutory law and regulations, the seminal cases governing the particular area and the relevant policy issues.
This course is open to all students, whether or not they are taking the Urban Legal Clinic II (Special Education). All students who are taking the Urban Legal Clinic II (Special Education) for the first time must take this course simultaneously, if they have not taken the class previously.
This course will provide an overview of the key legal concepts and topics and their intersection into the world of sports. Topics such as antitrust, agency, contract law, regulation, governance, labor law and collective bargaining, media, intellectual property, etc. will be examined in relation to their influence on the management, operation, and regulation of sports. Students will be exposed to a variety of contemporary issues in the field of sports law and provided insight into opportunities in the field.
Prerequisite: Federal Income Taxation
In this course, we will explore the policy issues that influence our choice of tax laws. We will not focus in any significant detail on the mechanics of the current tax law. Rather, we will spend our time thinking about what the tax law could or should be. Specific topics will include progressivity; tax compliance and complexity; whether a consumption tax (such as a VAT) is desirable as a replacement for, or an addition to, an income tax; tax expenditures; and reform or repeal of the estate tax. Evaluation will be based on class participation and on a final paper, which may be used to satisfy the writing requirement.
The study of the nature of civil wrongs and of elementary jurisprudential conceptions concerning liability. Intentional torts and their relations to the law of crimes, the law of negligence, theories of causation and their philosophical foundations, products liability and other forms of liability without fault, and professional malpractice, affirmative defenses, comparative fault, damages, insurance, and alternatives to the torts system may also be discussed.
Toxic Torts & Toxic Substances Regulation
Toxic substances present some of the most fascinating and difficult problems in tort litigation and environmental and health regulation. The harmful effects of toxic exposures may not appear until years or decades after initial exposures; thousands or millions of people may be exposed before the dangers become known, creating the prospect of multi-billion-dollar torts litigation; people are exposed to many chemicals and drugs in their lives, often making it hard to establish causal connections with specific exposures; scientific uncertainty is widespread, forcing the tort law and regulatory systems to deal with serious credibility and reliability issues; hundreds of chemicals and drugs do not receive adequate testing before they are marketed; and when a “foreseeability” test is imposed in toxic torts litigation, this requires very expensive evidentiary proceedings about “who knew what when” over a long period of time. This course provides a comparative introduction to toxic torts and regulation. We will consider how these two imperfect legal institutions deal with characteristic problems of toxic exposures and toxic effects, and we will also evaluate these institutions from legal policy and social policy perspectives.
N.B. Trial Presentation-Section (1) with Prof. Raveson is open ONLY to students registered in Evidence-Section (3) with Professor Raveson during the Fall 2012 semester.
Practice in preparing for and conducting trials, including development of trial strategy, opening statements and summations, the making of a trial record, direct and cross-examination of witnesses, and preparation and introduction of exhibits. Intensive classroom exercises will culminate in simulated bench trials, in which students will participate as members of trial teams. In connection with these trials, participant trial teams will be expected to submit trial memoranda of approximately 10-20 pages in length. Each case can be tried in approximately 4-5 hours and each is conducted in one trial day, thereby simulating an actual trial schedule.
Trusts and Estates
A survey of the law of wills, trusts and other testamentary documents, with an emphasis on state statutes and the Uniform Probate Code. The course also includes some estate and trust administration, guardianships, and some estate and gift tax implications. The tax coverage is limited and will not prepare the students for estate planning.
Urban Law and Policy Seminar
This seminar will briefly introduce urban theory and different approaches to urban planning. After this introduction, the class will explore the history of citites in New Jersey, focusing on Newark's development from the first New Jersey Constitution to the present. Next, using Newark as a case study, the class will discuss state and local efforts to redevelop urban areas, to provide educational opportunities in urban areas, to combat urban crime, as well as the effect of New Jersey's affordable housing law on urban areas. Several guest speakers are expected to join the class dicussions on these varous topics.
Urban Legal Clinic
Prerequisite: Evidence and status as third-year student.
The Urban Legal Clinic represents individuals and groups in a variety of cases arising from, or exacerbated by, urban poverty. These include landlord-tenant, family (divorce, child support, domestic violence, adoption), consumer (consumer fraud, debt collection defense, legal malpractice), social security disability, criminal (non-indictable offenses), and juvenile delinquency matters. Students regularly appear at hearings or in court on behalf of clinic clients. Principal educational goals include developing skills in interviewing, counseling, negotiating, fact investigation, and all phases of trial practice.
Urban Legal Clinic – Section 2 (Special Education Clinic)
Students who take this clinic for the first time also must take, or have taken previously, the Special Education Law Seminar for an additional 2 credits.
The Special Education Clinic provides legal representation to indigent parents of children with disabilities, typically in the urban areas of Essex County, seeking special education programs and services. Representation entails everything from interviewing clients, reviewing school and expert records, researching and drafting legal documents, appearing at meetings with school personnel, mediation, emergency, and due process administrative hearings, and handling federal court proceedings either on the merits or for attorneys’ fees. The clinic is open to both second and third-year students, because all students are eligible to appear in mediation and due process hearings under the applicable rules. The clinic also engages in community education projects and activities. The Special Education Law Seminar includes substantive law, simulation exercises, and guest lecturers from both the educational and legal fields. All seminar students are required to write a paper on a designated topic related to the education of children with disabilities or draft a brief based upon a specific fact pattern.
Urban Legal Clinic – Section 3 (Community Law Clinic)
The Community Law Clinic focuses on assistance to poor clients and poor communities other than through traditional litigation. Tasks can include providing legal information and legal counseling for individuals and groups, and representation of individuals and groups in transactional work, such as not-for-profit incorporation, microenterprises, real estate improvement and development, and other matters important for improving conditions in poor communities. Students are expected to spend substantial time meeting and working with clients and prospective clients in the field.