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This course provides a general introduction to the constraints upon and the procedures used by administrative agencies, sometimes referred to as “the Fourth Branch of Government,” and thus provides critical context for other subjects areas in which administrative agencies play a key role, (e.g., environmental law, securities regulation, immigration, and taxation). The course examines the relationship of administrative agencies to the President, Congress, and the courts — exploring issues such as the delegation of quasi-legislative and quasi-adjudicatory powers to agencies, and the constitutionality of various means the President and Congress have sought to use to exert control over agency decision-making. The course introduces students to the process of agency adjudication, exploring both the constitutional due process requirements and requirements imposed by the federal Administrative Procedure Act (“APA”). The course also familiarizes students with agency rule-making processes, focusing on the rule-making processes established by the APA. Students will also study judicial review of agency action, in particular considering the availability of judicial review and the scope of judicial review when it is available. Depending upon the professor, the course may also cover agencies’ powers to obtain information (by subpoena, record-keeping requirements, or inspections) and citizens’ rights to obtain government information, pursuant to the Freedom of Information Act, and attend public meetings, pursuant to the Sunshine Act.
Advanced Legal Research Seminar
The objective of this seminar is to give students an in-depth knowledge of general research tools and a good working knowledge of advanced tools available in specific subject areas. Both online and hard copy resources will be examined.
Advanced Legal Writing for Motion Practice in the Trial Court
This small, interactive seminar/workshop gives the student the opportunity to further LRW I and II skills by providing an intensive and collaborative experience in drafting documents at the trial court level. The course simulates real world law practice by having students work from a mock case file to prepare documents for and in support of a motion for summary judgment. Those documents include client correspondence and essential motion practice documents such as supporting certifications and the statement of undisputed material facts. The centerpiece document the student will write is the brief in support of the motion. For that, the student will learn, discuss, and employ advanced techniques of persuasive writing and argument as well as hone skills of clear and succinct writing and organization. For the culmination of the course, based on his/her brief, the student will present oral argument on the motion before a retired State Court judge or practicing attorney presiding as trial judge.
Advanced Legislative Advocacy: A Living Laboratory
Prerequisite: Legislative Advocacy.
Building on the fall introductory course in Legislative Advocacy, students will work as a unified advocacy shop with preselected nonprofit organizations from across New Jersey to help them develop, advocate and pass public interest legislation through the New Jersey Legislature. As in the fall, our approach will be holistic, encompassing every road of advocacy not only traditional lobbying, but also the media, grassroots organizing and other innovations rooted in political and interpersonal behavior. Students, together with our partner organizations, will work closely with Senators and Assembly members who become the prime sponsors of legislation developed in the course, as well as with staff, legislative leadership and other key stakeholders. The course will meet in all day conferences on four Fridays throughout the semester, with four additional hours scheduled with the instructor based on developments with the selected legislation in the New Jersey Legislature.
Advanced Metropolitan Equity
Prerequisite one or more of the following: Race, Class and Metropolitan Equity; Housing Law and Policy; State and Local Government; Poverty Law; Land Use Controls.
How do the legal rules and political policies governing place affect inequality of resources and opportunity? This is the central question in this class, which adds a significant investigatory element to the interdisciplinary study of how benefits and burdens are distributed in the context of cities, suburbs, race and class. Undertaking the primary work product of the law school’s Center on Law in Metropolitan Equity (CLiME), we engage in clinical research on topics of immediate relevance, such as fair housing, infrastructure and transportation, education finance, tax base inequity, environmental justice and public health disparities. Clinical research involves the typical rigor of in-class study and discussion with the hands-on experience of designing a project, consulting with relevant organizations and agencies outside RLS, conducting field research and authoring the legal and policy analysis of your conclusions for a public audience. Students of this class are CLiME “fellows” and as such will have their work published on the CLiME website (http://www.clime.newark.rutgers.edu/). The class offers a rare opportunity for initiative and independent work in a collective enterprise.
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.”
An introduction to the law of antitrust, including the common law of restraint of trade, the basic federal antitrust statutes, the enforcement policy guidelines of the federal antitrust enforcement agencies, and the application of these statutes and guidelines to various arrangements, practices, and institutions (e.g., formal cartels, price-fixing conspiracies, “conscious parallelism,” trade association activities, resale price maintenance, mergers, boycotts, and tying arrangements) whose effects are potentially anti-competitive.
This course covers the standard subject matter of a general course in corporation law, including the nature, formation, promotion, and governance of corporations. Specific topics include comparison of the corporation with the partnership, as well as a discussion of non-partnership unincorporated businesses (LLC, etc.); powers of the board, officers, and shareholders; the federal proxy rules; insider trading and securities fraud; problems of the close corporation; directors’ fiduciary duties to the corporation and duties to the investing public; social concerns and their relation to corporate governance.
Business Planning Seminar
The seminar will focus on common planning issues facing attorneys representing a private business, large or small, during the various stages of the life of a business, from start up, through stages of growth, to the sale or other disposition of the business. The seminar will also address deadlock amongst owners of a business and succession planning. To assist in the discussion of various issues, each class will center upon a particular set of facts, many of which are based on the actual experiences of the professors or guest speakers. The seminar will touch upon the wide variety of issues confronting counsel for private businesses, including tax, employment, corporation and limited liability company issues. For example, the seminar will review the various factors that affect the decision to organize a new business as a corporation or limited liability company, such as the contributions to the business of the various parties, the nature of the business, the anticipated path to growth of the business and the personal interests of the owners, and the tax and business consequences of this choice of entity. Business Associations is the only prerequisite for the seminar. While specific tax issues will be addressed, a tax course is not a prerequisite. Furthermore, no business experience is necessary.
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.
Civil Justice Clinic
The Civil Justice Clinic, first established as the Urban Legal Clinic in 1970, instructs law students in the representation of indigent clients and client groups in a wide variety of civil cases, primarily in the areas of housing, family, consumer law, probate, bankruptcy, unemployment compensation, social security and SSI disability benefits and other public benefits law. Students handle all aspects of proceedings including interviewing and counseling clients, negotiating with adversaries, writing pleadings, motions, and briefs, and conducting depositions and trials.
Housing cases typically involve defending eviction actions, helping tenants obtain needed repairs, litigating actions to recover tenants’ security deposits, or fighting illegal rent increases. The subject of consumer cases range from real estate, home repair, car repair or purchase scams. Family cases may deal with anything from “simple” divorces, domestic violence, or child support hearings to more complex divorces involving real estate, child support, custody, alimony, pension, or other equitable distribution issues. The social security disability cases typically involve either full evidentiary hearings before federal administrative law judges—often involving the cross-examination of medical and vocational experts—or federal court appellate advocacy involving the formal preparation of appellate briefs sometimes followed by oral argument in U.S. District Court or the U.S. Court of Appeals for the Third Circuit.
The clinic also occasionally pursues larger scale law reform and impact advocacy on systemic issues of civil poverty law, including:
• class action litigation challenging the mass destruction and misuse of thousands of Newark’s low-income federal public housing apartments without adequate replacement,
• investigation of systemic delays in the administration of the food stamp program in New Jersey,
• advocacy on behalf of tenant groups in rent strikes against private landlords, and
• analysis and comments on proposals by the Administrative Conference of the United States that would create additional procedural and substantive burdens for indigent SSI and Social Security Disability claimants.
Clinic students perform various forms of community outreach by making presentations to veterans’ groups and by aiding pro se litigants in divorce and consumer law clinics.
The clinic will share a lawyering skills seminar with the Criminal and Youth Justice Clinic, instructing students in a full range of lawyering skills including interviewing, counseling, development of a theory of the case, cross-cultural competency, negotiation, motion practice, and various aspects of trial practice and witness examination.
Credits: 4 or 5
The 4-credit course is offered in the evening for part-time students; the 5-credit course is offered during the day for full-time students. The study of adjudication in modern legal systems as well as the role of participating lawyers — from the initial decision to commence a lawsuit through to the final disposition of the suit. The course focuses upon persistent problems common to various kinds of formal adjudication, approaching the subject from functional, comparative, and historical perspectives.
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).
Comparative Health Law Seminar
Health is a fundamental and universal value across human communities. At the same time, the organization and practice of health is deeply embedded in and specific to cultures and institutions. Different nations have attempted to address the problems of health delivery and finance using a spectrum of “public” and “private” approaches. This class looks at legal regimes that bear on health and how they coincide or differ in various health systems around the world. Grades will depend on class participation, including in-class presentations, and a final paper.
Computer Crimes Seminar
This course explores the growing field of cybercrime and the Fourth Amendment issues arising in investigations involving computers, digital media and digital communications. Discussion will include both legal and policy issues now encountered by judges, legislators, prosecutors and defense counsel as they react to the ever-growing and changing computer-related crime. We will consider the interplay between traditional laws, investigations and prosecutions, on the one hand, and cyberspace, on the other. Topics include: computer crimes, such as computer hacking, logic bombs, viruses, worms, cyberterrorism, Trojan horses, and identity theft; criminal procedure, such as electronic surveillance and the Fourth Amendment in cyberspace; and policy, including defining what cyber conduct should be criminalized, identifying appropriate resolutions, and discussing civil liberties online.
Community and Transactional Lawyering Clinic
Credits: 6 (Part-time students) or 8 (Full-time students)
The Community and Transactional Lawyering Clinic, first established as the Community Law Clinic in 1996, provides corporate and transactional legal services to New Jersey nonprofit corporations (specifically those corporations that provide services geared to the needs of lower-income people in the City of Newark and nearby urban areas), start-up for-profit businesses and microenterprises, charter schools, and individuals such as artists and inventors.
The Clinic provides initial corporate organizational work (drafting corporate documents, certificates of incorporation, by-laws and organizational minutes), tax-exempt non-profit status filings, charity registration, real estate transactions, commercial transactions and counseling on choice of organizational form and capacity building with community groups and various associations. Student work also includes contract drafting and review; loan closings; equipment and facilities lease drafting and review; bankruptcy counseling; confidentiality agreements; preparation and revision of employee manuals; non-compete and non-disclosure agreements; board of directors guidance; and joint venture agreements.
The clinic is principally a non-litigation clinic, although it handles a limited number of matters which may involve some litigation such as adult guardianship matters and some oversight and assistance of the small legal staff of one of its largest non-profit, corporate clients, Covenant House of New Jersey. Students may perform some work on intellectual property matters related to their transactional clients.
Finally, the Clinic strives to advance justice and community empowerment by representing resident groups and community development corporations (CDCs) regarding urban redevelopment and planning.
Constitutional Rights Clinic
The Constitutional Rights Clinic, first established in 1970 as the Constitutional Litigation Clinic, engages in “impact” litigation in the area of individual civil liberties and civil rights, as protected in the constitutions of the United States and the State of New Jersey. Students will be expected to research and draft briefs and other pleadings at both the trial and appellate level. Students will also engage in other professional skills, such as client interviewing, fact investigation, strategic planning, crafting legal theories, and preparing for oral arguments. Each fall on Election Day, clinic students who satisfy the third-year practice rule regularly represent in NJ Superior Court individual voters who have been denied the right to vote at the polling place.
The clinic also engages in other non-litigation projects, such as drafting proposed civil rights legislation, coordinating voter registration programs, writing detailed reports on constitutional violations, and commenting on proposed administrative regulations and governmental programs to the extent they implicate civil liberties, civil rights, and equal social justice concerns.
Topics in any particular semester will depend upon the current clinic docket, but recent major projects have included:
• initiating litigation to establish Election Day voter registration,
• providing legal counsel to the chair of the NJ Congressional Reapportionment Commission,
• bringing the first state law challenge to the use of electronic voting machines that do not produce a verifiable paper ballot, and
• successfully striking down the practice of denying state higher education financial assistance to United States citizens whose parents are undocumented immigrants.
In cooperation with the ACLU of New Jersey, the clinic regularly files 10 or more amicus curiae briefs each year in the New Jersey Supreme Court or Appellate Division on a variety of civil liberties cases. Clinic students may also work on international human rights cases in conjunction with the International Human Rights Clinic.
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.
Contract Drafting & Negotiation
Contract drafting and negotiation is one of the most significant and critical functions of an attorney in the entertainment industry. This course will help students develop their knowledge of the entertainment industry and their contract drafting and negotiation skills. This will be accomplished by contracting drafting assignments, mock negotiations, critique sessions, and classroom lectures. Students will learn both the dynamics and deal points of importance in the music, motion picture, literary publishing, personal management, and related industries.
Copyright & Trademark
This course surveys all areas of intellectual property with a focus on copyright and trademark law. The student will examine the laws that protect the ideas, trade secrets, rights of publicity, copyrights, trademarks, and patents of creators. This course is based in federal statutes and interpretative case law. However, state law is also reviewed and considered, with particular emphasis on relationships between state and federal laws within the constitutional framework of federalism. The move for global harmonization of intellectual property law is explored while reviewing subject matter of cases that cover a broad spectrum of products and services from the turn of the century to modern day technologies.
Corporate and Commercial Mediation
This course will focus on the theory and practice of mediation and will address the legal, ethical, and practical issues that arise during the course of a mediation. It will explore the each stage of a mediation and compare and contrast a mediation with an arbitration or trial and will focus on the skills one must acquire to facilitate a successful conclusion of the mediation. This will satisfy the skills requirement.
Prerequisite: Business Associations.
In this course students study a diverse mix of corporate transactions. Following the business school “case study” model, students analyze these transactions to provide a context in which to learn legal and financial principles and to understand the key agreements that implement the transactions (e.g., confidentiality agreements, letters of intent, merger agreements and legal opinions). The course involves lectures and guest speakers who participated (as accountants, intermediaries, clients or lawyers) in the transactions being studied. This is also a skills course involving negotiation exercises and the drafting of contract provisions. Ethical issues that arise in transactional matters are a key focus of the course.
Addresses the rules that govern the processing of criminal cases, with emphasis on the adjudication stage: preliminary examination, indictment, plea bargaining, trial, sentence, appeal, and collateral attack.
Criminal and Youth Justice Clinic
The Criminal and Youth Justice Clinic, first established as a component of the Urban Legal Clinic (now known as the Civil Justice Clinic), provides legal representation to incarcerated youths and to adults in minor criminal, parole, and actual innocence matters.
Students go to court at least once each week for the purpose of interviewing and counseling new clients facing criminal charges and representing them at arraignment. Following the initial appearance, students conduct investigations, engage in discovery and motion practice, negotiate pleas, and, in many instances, prepare the case for trial. Students conduct suppression hearings and bench trials, as well as oral argument on sentencing and other issues, under close faculty supervision. In addition, students undertake a variety of work on behalf of clients who were convicted of serious offenses as juveniles, including preparation for parole hearings, appeals from denials of parole, and investigation of innocence claims. Finally, students work intensively with youth committed to New Jersey's juvenile justice system, challenging conditions of confinement, seeking parole release, appealing parole revocations, and easing the re-entry process.
Work on behalf of clients is supplemented by weekly case rounds classes, during which students conduct simulated hearings, hear from guest lecturers, and brainstorm about their cases. They also take on juvenile justice policy projects in collaboration with the New Jersey Public Defender’s office, the Rutgers-Camden Children’s Justice Clinic, the New Jersey Institute for Social Justice, and the ACLU of New Jersey, among other organizations.
The clinic will share a lawyering skills seminar with the Civil Justice Clinic, instructing students in a full range of lawyering skills including interviewing, counseling, development of a theory of the case, cross-cultural competency, negotiation, motion practice, and various aspects of trial practice and witness examination.
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.
Criminal Motion Practice
Criminal Motions Practice will focus on the theory, practice and strategies involving criminal practice in New Jersey. Students will study the New Jersey Rules of Criminal Procedure, prepare pleadings and litigate motions in a mock court setting. Beyond the craft of drafting and oral advocacy, students will develop the strategy of criminal motions – the “why” as well as the “how.”
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.
Doing Business in China: Law and Politics
Course not open to students who have previously taken Introduction to Chinese Law.
This course begins with an introduction to the legal system of the People’s Republic of China. After a brief description of the historical, cultural and political roots of China’s legal regime, we will turn to a variety of Chinese laws governing business transactions and dispute resolution (e.g. anti-competition law, company law, contract law, IP law, joint-venture law, tax law, anti-corruption law). We will also study cases and important legal issues American companies may encounter while doing business in China through agents, distributors, joint ventures, or wholly-owned subsidiaries.
Education and Health Law Clinic
Pre- or Co-requisite: The Special Education Seminar serves as the seminar component for students enrolled in the Education and Health Law Clinic (“EHLC”). Students enrolled in the EHLC for the first time must also enroll in the Special Education seminar or have previously taken this seminar.
The Education and Health Law Clinic, first established as the Special Education Clinic in 1995, provides free legal representation to indigent clients in special education, early intervention and school discipline matters. In addition, through a new medical-legal partnership (the HEAL Collaborative) with the University of Medicine and Dentistry of New Jersey (to become part of Rutgers Biomedical and Health Sciences as of July 1, 2013) outpatient pediatrics department, students in law and social work partner with medical professionals to address the legal and social needs of pediatric patients with disabilities and their families in an effort to improve overall child and family health and well-being.
Representation in the clinic 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, to handling federal court proceedings either on the merits or for recovery of attorneys’ fees. Students are exposed to new areas of substantive law, learn a wide variety of lawyering skills, and experience first-hand the benefits and challenges of inter-professional collaboration in a multi-disciplinary setting. Students participate in a weekly case rounds class designed to advance the case work in a group setting and to analyze and stimulate reflection on vexing ethical, strategic, and functional issues arising in client and project work.
The clinic also engages in community and State-wide education and training projects and activities. The pre-requisite or co-requisite Special Education Law Seminar includes substantive law, simulation exercises, and guest lecturers from both the educational and legal fields and provides substantive law coverage and practice skills training for work in this clinic.
The Internet is reshaping every aspect of business activity. In the emerging digital age of electronic commerce, companies will have to adapt quickly and cleverly or risk being overwhelmed by rivals. Today’s laws were mostly framed for pre-Internet conditions, but rapid changes are essential for electronic commerce to flourish. This course examines the specific business law-related issues which every firm must address when marketing a product online, executing an electronic payment process, or an associated electronic delivery of goods and services. The Internet has changed expectations about convenience, speed, comparability, price, service, and business transactions at every level. Such changes are being reflected in corresponding changes in commercial law. Most of the difficulties addressed by this seminar did not even exist five years ago, such as MP3 pirates, digital signature cross-certification, UCC Article 2B, website tenant rights, among others. Unlike an Internet Law course, which considers a broad cross-section of Internet legal matters, this course will focus on legal issues associated with computer, information, and telecommunication technologies as well as the Internet that result in electronic business transactions.
Covers substantive and procedural law relating to discrimination in employment on grounds of race, color, religion, sex, and national origin. Emphasis is placed on developments under the Federal Civil Rights Act. Considers both public and private sector problems; judicial proceedings under the Civil Rights Act; administrative procedures under the acts, under Executive Order 11246 as amended, and under state civil rights acts; the relationship among the administrative process, the judicial process, and arbitration proceedings under collective bargaining agreements; and questions of remedy (including issues relating to numerical standards, sometimes called “quotas”).
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.
Entertainment Law and Business
Course not open to students who have taken Law of the Entertainment Industry.
This course examines a variety of legal and business issues confronted by the attorney in the entertainment industry. This practice-oriented course focuses on and explores contractual issues, industry customs and practices, and the law that impacts on entertainment management, music recording and publishing, motion pictures, television, book publishing, live theater, and new and emerging technologies. Current events and new business and legal developments are discussed and analyzed during each class.
Environmental law 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.
Estates in Land and Future Interests:
The seminar will offer a systematic presentation of the rules and classifications of the estate law. It will largely repeat the Estates and Future Interests segment of the first year Property course — with more time devoted to understanding and applying each rule. We will be particularly focusing on practicing problems and learning how to classify estates and future interests and determine their validity or invalidity.
This course prepares the student to use the rules of evidence in the preparation and trial of civil and criminal cases. Using the Federal Rules of Evidence as a framework, all the traditional categories (relevance, hearsay, character and impeachment, writings, experts, privileges, etc.) are examined with the objective of training students to understand the rationale behind evidence rules and the strategic use of evidence, so that they can reason about and utilize all rules of evidence with maximum effectiveness in litigation.
Evidentiary Issues at Trial
Students who are enrolled in Advanced Trial Practice Seminar may not enroll in this course.
This two and a half-day evidence advocacy program focuses on special evidence issues presented at trial with respect to the legal and presentation issues that commonly arise using business records, photographs, illustrative and demonstrative aids, and summary charts. The program includes a legal and strategy analysis of the evidence advocacy issues presented by specific problems and then participants will offer the exhibits into evidence through relevant witnesses in a simulated trial setting in small group performance workshops. The analysis and performance workshops will be supplemented by a lecture on the effective advocacy with exhibits at trial, using exhibits in the courtroom, the relevant evidentiary and presentation issues presented by the specific exhibits.
Note: There is a mandatory orientation for Evidentiary Issues at Trial on Friday, January 24, 2014 from 9:00 a.m. until 12:00 Noon in the Baker Trial Courtroom (room 125).
Cases are determined by applying a set of rules or laws to the particular facts of a controversy. In the cases studied in previous courses, facts were provided by appellate courts in their opinions. As a case develops at trial, however, the facts are provided not by the court, but by the attorney. This course explores the process by which factual information is obtained, the manner in which facts shape legal claims, and, in turn, the way in which legal issues shape factual investigation and the presentation of facts at trial.
Family Law ADR
This course introduces the student to the basic divorce mediation process and skills development. Through discussion, simulations, and role-play exercises, this course will highlight the structure and goals of the divorce mediation process. The course will focus on the negotiation skills and techniques mediators use to help parties in resolving their disputes and reaching a mutually acceptable durable agreement. The course also examines the underlying negotiation techniques and strategies that mediators may use; the roles of attorneys and clients; dealing with difficult people and power imbalances; cultural considerations; the ethical issues mediators may face; and drafting agreements. The course also addresses the use of other professionals, including financial mental and health practitioners in the mediation process. The course also compares the mediation process with the collaborative process.
Federal Income Taxation
Basic course in the structure and operation of the federal income tax and its application to individuals and business organizations.
Federal Income Tax — Corporations & Shareholders
Prerequisite: Federal Income Taxation. Business Associations is preferred but not required.
A study of federal income tax laws relating to the conduct of business in corporate form. Deals with the transactions in which tax considerations are of particular importance in business planning, including the organization of a corporation, the formulation of its capital structure, dividend distributions to shareholders, stock redemptions, sales of stock or assets, liquidations, and corporate reorganizations. Primary emphasis on matters of interest in closely held corporations, although many of the principles are also of concern to public companies.
An inquiry into the powers of the various federal courts; into their relations among themselves and to other arms of governments (state and federal); and into the science, art, and politics of successfully invoking their powers. The major focus is on the role of the federal courts in our constitutional system. Consideration of the types of cases the federal courts should adjudicate, the circumstances under which they should hear cases, when they should defer to proceedings in state courts or decisions by state officials, and the extent to which Congress can alter federal court jurisdiction.
Federal Tax Law Clinic
Prerequisite: Federal Income Taxation.
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. The Federal Tax Law Clinic is open to 2L and 3L students.
Financial Crisis Seminar
This seminar examine the various financial products, financial institutions, and regulators that played a role in the crisis. We will explore the causes of the financial crisis, will consider whether the response to the financial crisis is adequate to prevent a subsequent crisis, and will explore alternative ways of handling financial firms in distress (including under the Bankruptcy Code). There will be an emphasis on the monetary implications of shadow banking and Dodd-Frank's failure to provide a mechanism for addressing the monetary consequences of defaults by financial firms.
Financial Institutions Seminar
Based on an examination of the recent financial crisis and changes in response to that crisis as embodied in the historic Dodd-Frank Wall Street Reform and Consumer Protection Act, students will achieve an understanding of the regulation and supervision of financial institutions in the United States. Emphasis will be placed upon practical ways to apply this understanding in representing financial institution clients, working in the regulatory field, and understanding the role of regulatory agencies.
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.
Foreign Relations and National Security Law
An analysis of legal issues arising in the conduct of United States foreign relations and national security, focusing on the constitutional distribution of foreign affairs powers among the executive, the legislature, and the courts; the roles of the President and Congress in initiating and using military force; treaty-making; international law as U.S. law; human rights litigation in U.S. courts; and the justiciability of foreign affairs issues. Several weeks will focus on current issues such as the use of force by the President with or without congressional authorization, and the use of drones for targeting killings.
Global Climate Change: Science, Law, and Economics
People are now faced in varying degrees by the worst pollution problem of all time, the worst environmental problem of all time, and likely the worst human problem of all time. Yet, the major greenhouse gas polluting states have not established effective policies and practices to mitigate climate change risks and most climate programs are now headed in the wrong direction. Professor Latin has recently completed a book on “Climate Change Policy Mistakes” and the syllabus of the most recent global climate change course is at www.ecovitality.org/climate/. The topics and materials are certain to change each year, which means the previous syllabus is only a general guideline to the types of issues to be addressed this coming semester.
The course will explore recent legislative and EPA efforts to impose climate regulation; cap-and-trade systems, carbon taxes, and other economic-incentive approaches; international climate treaties and continuing negotiations on climate and development issues; and alternative remedies or partial solutions for climate change hazards. Professor Latin posts assignments and materials on his own website at: www.ecovitality.org, not on Blackboard. Please use the link to access the course on this website.
Health Care Law II
The law of Health Care is one of the most expansive and dynamic areas of law practice today, principally because of the passage in March 2010 of the Patient Protection and Affordable Care Act. Because the new law encourages cost reduction through the coordinated provision of health services by new entities that include hospitals, primary and specialty physician practices and insurance companies, increased demand for lawyers with expertise in health law regulation is inevitable. This is an overview introductory course that will attempt to cover the major contemporary legal and policy issues in Health Law. Topics to be covered include the following: Patient Protection and Affordable Care Act; the doctor-patient relationship; medical malpractice; refusal of life support and physician assistance in end-of-life treatment; reproductive rights; governmental regulation (federal and state), including ERISA, Stark Law, Anti-Kickback Law, False Claims Act, Civil Monetary Penalties, certificates of need and licensure; health care insurance, including Medicare, Medicaid, private insurance and reimbursement issues; policy issues relevant to health insurance reform.
Housing Law & Policy
Registration preference is given to first year students. Registration limited to 12 students.
This course explores selected legal and policy issues in housing and urban development (often omitted in the first year Property course because of time constraints) such as: (1) is there a right to housing? (2) how private is private property? (3) the limits of eminent domain; (4) private government through homeowner associations; (5) Mt. Laurel and exclusionary zoning; (6) landlord/tenant reform efforts (rent strikes, tenant unions, housing courts, the implied warranty of habitability, protection against retaliatory eviction, and other changes); (7) public housing; (8) homelessness; (9) squatting; (10) rent control; (11) anti-discrimination legislation; (12) federal subsidy programs; (13) predatory lending; (14) farmworker housing; (15) housing integration programs, etc. (For more detailed information, ask Mrs. Caraballo, room 420A, for a copy of the memo describing, in detail, the work of the seminar.)
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.
Immigration Policy Seminar
Who should be allowed to come to America: what mix of people who add value to the economy, relatives of Americans, or who? Is the right to migrate a human right Should it be? What drives current patterns of migration, and how responsive are they to legal regulation? Currently, lawful permanent residence status automatically confers the right to stay, work, be removed only for cause, and become a citizen. Should any or all of these questions be decoupled from the others? Should the requirements to become a U.S. citizen be revised? What are the implications of the ease with which individuals may be citizens of more than one country? Will we see increasing numbers of people holding multiple citizenship? Is this a good or bad thing? What is the economic impact on U.S. workers and consumers of current levels and forms of migration? Can the process of permitting employers to sponsor immigrants be made more useful and efficient for them without creating unacceptable risks of job loss or downward wage pressure for U.S. workers? Can fair programs for temporary workers be designed, or are they all exploitative? Must 75% of all agricultural labor be performed by workers without any legal authorization to be here? Can existing labor unions, or new worker organizations, be given a formal role in the immigration process to prevent exploitation of either migrant or US workers? Should the NAFTA countries (Canada, U.S., Mexico) gradually evolve toward a single free labor market on the model of the European Union? Or should border security be made more effective? Should the concept of refugee include a broader range of oppressed people, or remain limited to those who are persecuted for group membership or political opinion? Do state and local governments have any role to play in the regulation of migration?
Intellectual Property Law Clinic
Credits: 6 (Part-time students) or 8 (Full-time students)
Intellectual Property Law Clinic, first established as a component of the Community Law Clinic (now known as the Community Transactional Lawyering Clinic), provides intellectual property and entertainment law advice and assistance for non-profit entities, artists, inventors, start-up for-profit businesses and microenterprises, and charter schools. The clinic’s work includes intellectual property audits and licensing; copyright, trademark, trade secret and patent assistance. The Intellectual Property Law Clinic is principally a non-litigation clinic. The clinic was one of the first clinics selected to participate in the United States Patent and Trademark Office’s (“USPTO”) Clinical Pilot Program. In that program clinic students are authorized to practice before the USPTO and have engaged in work such as drafting and filing trademark applications, responding to office actions, and drafting and filing briefs in appeals to the trademark trial and appeal board from final refusals.
The clinic includes a weekly seminar taught jointly with the Community and Transactional Lawyering Clinic which focuses on transactional law practice.
International Comparative Jurisprudence: Rights and Sentiments in a Globalizing Legal Culture
The course focuses on jurisprudence, that is the study and theory of law, from a comparative perspective. It starts by analyzing law from a theoretical standpoint and continues by examining it through history and cross-cultural perspectives. On this basis, which offers a general understanding of law and jurisprudence, the course addresses issues of law/jurisprudence in a comparative fashion, especially in the contemporary context. Taking as an entry point the nature and dynamics of rights and duties and their relations with sentiments in a world going through a process of increasing globalization, it analyzes some of the key aspects of law taken from Europe, the United States, Latin America, and Asia. The course ends with exploring what the central questions studied throughout the semester mean for the future of law, both nationally and internationally.
International Human Rights Clinic
The International Human Rights Clinic, first established as a component of the Constitutional Litigation Clinic (now known as the Constitutional Rights Clinic), has pursued cases and projects in U.S. domestic courts and international tribunals to promote international human rights norms. This clinic seeks to advance the integration of international human rights norms into American domestic legal practice, as well as to train a new generation of lawyers to use human rights law to advance justice in the United States and abroad. Both applied international human rights law and American civil rights law will be taught and utilized in clinic cases and projects.
Illustrative examples of international human rights projects include:
• litigation under the Alien Tort Claims Act, customary international human rights law, statutory civil rights and pendent tort claims, challenging inhumane conditions of confinement of aliens seeking asylum or refugee status at detention facilities;
• a petition before the Inter-American Commission on Human Rights challenging New Jersey’s disenfranchisement of persons on probation and parole as violations of universal human rights norms;
• an amicus brief to the U.S. Supreme Court determining whether the Alien Tort Claims Act permits private individuals to bring suit against foreign citizens for crimes committed in other countries in violation of the law of nations;
• amicus briefs to the U.S. Supreme Court addressing liability for corporations under the Alien Tort Claims Act and Torture Victim Protection Act for international human rights violations committed overseas; and
• reports prepared for the UN Human Rights Committee evaluating enforcement by the United States of ratified human rights treaties.
Students enrolled in this clinic will also work on amicus briefs in cases pending in both New Jersey and throughout the United States to inform courts about international human rights issues related to cases pending before those courts, prepare for bi-annual meetings with the Inter-American Commission for Human Rights and the U.S. State Department on the U.S.’s implementation process of human rights treaties, and work on impact litigation and other advocacy work related to human trafficking, which has been called “modern slavery” by the U.S. government, as well as by other nations.
Students in this clinic will also be expected to also handle some domestic civil rights cases and will share a seminar with the Constitutional Rights Clinic. Students will be 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.
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.
Issues in Corporate Governance
Prerequisite: Business Associations.
This seminar will explore the rapidly-evolving subject of corporate governance. Issues we will cover include the recent federalization of aspects of corporate governance represented by Sarbanes-Oxley and Dodd-Frank legislation; shareholder activism and roles in governance; corporate philanthropy (including the newly-created Benefits Corporation); sustainability; corporate social responsibility; shareholder proposals; "say on pay"; proxy contests; hostile tender offers; the fiduciary duties of directors; and comparative corporate governance.
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.
Jurisprudence: Human Rights & Animal Rights
In this course, we will first examine the concept of a right and the differences between moral theories based on rights and those based on consequences, virtue, or other considerations. As part of this portion of the course, we will consider the relationship between law and morality. We will then explore the ways in which race, sex, sexual orientation, and species limit membership in the moral and legal community. We will examine rights issues raised in various contexts involving humans and nonhumans, including abortion, the status of women in a patriarchal society, gay rights, affirmative action, capital punishment, vegetarianism, the status of nonhumans as property, and the use of animals in biomedical experiments.
Juvenile Justice Seminar
This seminar will examine the state’s treatment of children and adolescents accused of unlawful behavior. Students will study the creation and evolution of the juvenile justice system in historical context. That exploration begins by assessing the legal, social, and historical underpinnings of the juvenile justice system at its creation in 1899, as well as the turn of the century assumptions about childhood, punishment, and the judiciary’s parens patriae responsibilities. Ultimately the historical exploration focuses on the late 20th century ideological and institutional evolution of the juvenile court. Students will consider the United States Supreme Court’s recognition of certain due process rights for juveniles, its subsequent rejection of others, and the ongoing effort to reconcile the often competing goals of rehabilitation, punishment, and procedural protection. The course would then turn to current issues and challenges facing the juvenile justice system, including: 1) the criminalization of youthful offending (e.g., waiver and transfer, erosion of confidentiality, and sentencing), 2) the unique obligations of juvenile defense counsel, 3) institutional reform litigation, 4) disproportionate representation of minority youth in the juvenile justice system, and 5) efforts to integrate social sciences and medical adolescent development research with juvenile justice policy and practice. The course will include student participation in one or two simulation exercises (for example, a juvenile court detention hearing).
A study of creation and operation of the process of collective bargaining between unions and employers under the National Labor Relations Act, the Labor-Management Relations Act of 1947, and the Labor-Management Reporting and Disclosure Act of 1959.
Law and International Development
This course will prepare students to provide development law advice, meaning advice that is legal in nature and is intended to advance international development objectives. We will examine the role of law and institutions in promoting development in less developed countries, starting with a discussion of the competing conceptions of development and its “ingredients” (e.g. political and social structures, land and property rights, and enabling business environments). We will then map out the various institutions involved to clarify the workings of the architecture of development with an eye to understanding the trends that are driving development assistance and finance today.
Law & the Humanities II
Students may enroll in both Law and the Humanities I and II in either sequence.
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.
Legal Research and Writing I & II
Credits: 1 and 2, respectively
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.
Mediation, in which a neutral third party assists people in resolving their disputes, has witnessed a phenomenal growth in the last few years. Many court systems use mediation as a way to settle cases without a trial. Lawyers may urge their clients to try mediation to get better agreements less expensively, without the hostility and aggravation that often accompany litigation. The practice of mediation seems to be on its way to becoming a profession. Even if they do not act as mediators themselves, lawyers may find themselves representing parties in mediation sessions or drafting mediation clauses for contracts. But mediation raises substantial questions about fairness, accuracy, confidentiality, equity, and differences in power: Should it replace the traditional ways of resolving disputes? This course will cover the key skills that mediators should have, using simulated mediations in which students will participate. It will also cover the conceptual issues that should be understood to make sound judgments about the use of mediation. After initial skills training in the course, which may include a special weekend workshop at the Law School early in the semester, students may have the opportunity to act as mediators in real disputes, such as those pending in small claims courts, municipal courts, and other venues. Students should have enough flexibility in their schedules to make themselves available for this kind of work on a weekly basis.
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.
This course will consider the forms and functions of local government, the workings of the legislative, judicial and executive branches thereof, the relationship of local government to county and state authority and the legal issues likely to be involved with all of the foregoing. The course will consider the principal decisions of the United States Supreme Court and the New Jersey courts, with some emphasis given to zoning and planning matters, tort claims and state and federal constitutional issues that have particular relevance to local government.
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.
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.
Policing the City
This course will study the development, implementation, and practical effects of urban policing strategies in New York City and the surrounding metropolitan area. In August 2013, a federal judge ruled that the New York Police Department's (NYPD) use of the popular urban policing strategy "stop-and-frisk" had violated the constitutional rights of the city's residents (Floyd). In this course, we will study policing innovations, including stop-and-frisk, along with community policing, problem-oriented policing, hot spots policing, third-party policing, and evidence-based policing. The court's rulings in Floyd v. City of New York, along with the resulting remedial efforts by the City and the court-appointed independent monitor and facilitator, will form the raw material for this course. Students will develop critical and practical analytical perspectives on the problems attendant to policing urban areas and the promise of reform and court-ordered remedial efforts.
After introduction to the some of the basic currents of American anti-poverty policy, the course will examine federal and state constitutional protections for the poor with regard to housing, access to the courts, access to the political process, and education, among other areas. It will then examine federal social welfare law and programs (both the procedural protections relevant to the award and termination of benefits and some salient substantive provisions). It will then proceed to an examination of the intersection of poverty and race and the application of civil rights law to address issues of particular concern to low-income communities and individuals of color. Finally, in whatever time remains, it may address other issues such as the legal implications of particular interdisciplinary or multifaceted problems such as homelessness or the application of international human rights law regimes on issues of world hunger and global poverty.
This course examines and analyzes the origins and current role of products liability law in American society and discusses current trends in products liability law in Congress and the courts. Additionally, focuses on the Restatement (Third) of Torts: Products Liability and the many interesting and complex issues addressed therein from the perspectives of consumers, manufacturers, and plaintiffs’ lawyers. These issues include potential causes of action against manufacturers or distributors of products including: liability for defective products, including standards for determining whether a product is defective (such as strict liability and risk-utility tests); liability for failure to warn of a product’s dangers; and liability for failure to recall a defective product. Also considers manufacturers’ and distributors’ affirmative defenses to such causes of action, including: statutes of limitation and repose; compliance with the current state of the art; assumption of risk; failure to prove proximate cause; and preemption. Professor Latin posts assignments and materials on his own website at: www.ecovitality.org, not on Blackboard. Please use the link to access the course on this website.
Professional and Academic Development
This course will introduce and reinforce bar examination study and test taking strategies for the New York and New Jersey bar exams. Students will receive substantial feedback on their written work, and learn the distinct legal writing styles specifically required by the New York and the New Jersey bar exams. This course is designed to complement the commercial courses that are traditionally taken by students each summer. Whereas the summer courses are designed to teach each student the substantive law that may be tested on the bar exam, this course will teach each student how to attack the bar exam itself. This will include teaching students the best study strategies to use during the summer commercial courses, the best test taking strategies for each segment of the respective bar exams, the best way to manage time during the summer and on the bar exam itself, which areas of the substantive law students should focus on and, more importantly, which areas students do not need to focus on. Students will become familiar with what each bar exam requires and, critically, what each bar exam does not require.
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.
Public Interest Law Seminar
This seminar will explore a number of areas of public interest law that are currently being considered by the courts. Topics will be chosen in large part based upon the students’ interests, but are likely to include such issues as same-sex marriage, creation of DNA databases, government surveillance in a post‐911 world, and race and gender discrimination. We will also be hosting moot court arguments of public interest cases coming before the New Jersey Supreme Court with the attorneys arguing the actual cases for the public interest side. The judges will be ex‐justices of the New Jersey Supreme Court, retired Appellate Division judges, and various law professors and experts in the respective areas of law. After the mock arguments, the justices and our class will analyze the arguments to help the attorneys prepare for their actual Supreme Court appearances.
Race, Gender & Tort Law Seminar
This seminar explores how harms involving race and gender are treated under tort law. We will attempt to define the nature of race and gender-based injuries, and evaluate the adequacy of existing tort law to address them. Through an examination of specific topics, we will consider issues such as the effect of race and gender on the development of causes of action and standards of conduct, the relationship between tort law and civil rights remedies, and questions involving damages and non-discrimination in jury selection. Problems of essentialism and the intersection of race and gender will be addressed.
Race, Class & Metropolitan Equity
Economic Discrimination and Community-wide Planning in the Urban Context: A Multidisciplinary Approach to Problem Solving. Why has the economic plight of inner-city neighborhoods remained so intractable? How can legal approaches work to combat redlining while stimulating growth? This course examines the myths, realities and conventional interventions applicable to the inner-city landscape. Drawing upon multiple areas of the law, including civil rights models, land use, local government, and consumer law, students will develop and defend workable approaches to planning and legal advocacy.
Science & International Law Seminar
This seminar will explore international and comparative law aspects of scientific advances, with particular focus on biotechnology. It will consider issues in the areas of international trade, patent law, international public health, and international environmental law. A science background is not required.
Prerequisite: Business Associations.
Analyzes the series of statutes collectively referred to as the federal securities laws and examines the structure and practices of the key capital markets. The basic materials are court decisions, the Securities Act of 1933 and Securities Exchange Act of 1934, and SEC rules and regulation. Areas covered include public offerings of securities, tender offers, regulation of broker-dealers, and continuous disclosure requirements.
Sexual Orientation and the Law
This course explores the different ways in which the law regulates and accounts for sexuality and gender identity. Topics covered include the right to privacy and its impact on the authority of the state to regulate sexual conduct; the right to equal protection and the permissibility of government-sponsored distinctions on the basis of sexual orientation and gender identity; the right to free speech and association of sexual minorities (and of those who do not want to associate with them); issues of employment discrimination in the private, civilian, and military contexts; and, finally, the intersecting issues of same-sex marriage and parenting by lesbians, gay men, and transgendered individuals.
Solo or Small Firm Practice Seminar
This class focuses on the issues surrounding the development of a solo or small firm practice, spanning legal, business, and ethical concerns, in the context of how to structure a practice, how to build a client base, how to develop a sustainable practice area, and how to manage the practice once up and running. The course is designed particularly for those students who are considering this option, so that the practice they develop can survive and thrive.
South African Constitutional Law
Enrollment by permission of instructor.
This course introduces students to South African Constitutional Law. The course begins with an introduction to the history of South Africa (as it relates to the development of the country's Constitution) and to the jurisprudence of the country's Constitutional Court. Over Spring break the class travels as a group to South Africa to gain a deeper understanding of the challenges facing the country and of the ways in which the country's Constitution is shaping its response to those challenges.
Special Education Law Seminar
This course is open to all students, whether or not they are taking the Education and Health Law Clinic. All students who are taking the Education and Health Law Clinic for the first time must take this course simultaneously, if they have not taken the class previously.
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.
State and Local Taxation
This course focuses on one of the most rapidly growing areas in taxation, examining the major types of taxation imposed and collected by state and local governments. The course will begin with a discussion of the constitutional constraints upon a state’s ability to tax out-of-state corporations based on the corporations’ “minimum contacts” with their state. The course will then focus on particular types of taxation, beginning with Corporate Income, Franchise, and Gross Receipts taxes. In studying such taxes, students will examine how states determine the appropriate proportion of such income taxable by a particular state, and the constraints upon such state determinations. The course will explore Sales/Use taxes, which have become a much greater percentage of corporations’ overall tax liability. Two major issues raised by such taxes are, first, identifying which receipts are taxable, and, second, determining the proper sourcing of receipts. Property taxes, including the different methods of valuing property and questions regarding which items are included in the tax base, will also be covered. Course will conclude with a brief overview of some issues related to payroll taxes. A basic familiarity with state and local taxation is important for anyone currently working in or interested in pursuing a career in taxation, and may well be helpful to students pursuing a corporate transactional practice.
The Thirteenth Amendment on the Eve of its 150th Birthday
The Thirteenth Amendment singlehandedly transformed the Constitution of the United States from that of a slave nation to that of a modern republic. It is the only rights guarantee that protects not only against government, but also against private concentrations of power including multi-national corporations. It contains terms, for example “involuntary” and “servitude,” that – in other contexts – have sparked intense debate among philosophers and policy makers. And it has spawned a doctrinal concept, the “badges or incidents of slavery” that appears potentially expansive. Yet, the Thirteenth Amendment exerts very little influence on law or social practice. How did this come about? This seminar will approach the Amendment as a case study in constitutional interpretation and politics. We will examine the past, the present, and – to the best of our ability – the future of the Amendment, including the prospects for expanding its role in attacking present-day forms of exploitation and subjugation including prison labor and human trafficking.
Trial Advocacy Strategies
Prerequisite: Evidence and Trial Presentation.
This course is an advanced trial advocacy course open to second and third year students and those selected for the National Appellate Team. Students will have an opportunity to improve trial advocacy skills by preparing and presenting a mock trial. Workshops and exercises will focus on analyzing the case file and developing a trial theory, theme and effective trial strategy, evaluating evidentiary issues and developing a strategic approach to addressing them most effectively to advance the legal theory and trial strategy, conducting persuasive direct and cross examinations that advance the trial strategy and theory, developing and delivering persuasive opening statements and closing arguments, as well as effective use of exhibits to advance the legal theory and trial strategy.
Practice in preparing for and conducting trials, including case analysis, development of a theory of the case and subsequent trial strategy, opening statements and summations, the making of a trial record, direct and cross-examination of witnesses, preparation and introduction of exhibits, and the strategic use of evidence. Intensive classroom simulations will culminate in full-day simulated jury trials.
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.
U.S. Legal Thought
This seminar provides an introduction to the most important approaches found in 20th century legal scholarship, including Legal Realism, Legal Process, Law and Economics, Law and Society, and Critical theorists. We will study the 20 classic articles found in The Canon of American Legal Thought (David Kennedy & William W. Fisher III eds., 2006) (Princeton University Press), which range from Holmes to John Dewey to Lon Fuller to Ronald Coase to Duncan Kennedy to Catherine McKinnon. This collection was first created to help students from abroad to understand the contemporary United States legal system, and is equally illuminating for those who know more about our law than about the ideas scholars and practitioners deploy to analyze and change it. Our goal will be to understand what these scholars are saying and relate their thought to broader social concerns and developments.
White Collar Crime Seminar
This course considers the legal, moral, and policy considerations that underlie a number of key white collar criminal offenses, including perjury, mail and securities fraud, false statements, obstruction of justice, bribery, extortion and blackmail, tax evasion, regulatory offenses, money laundering, conspiracy, and RICO. Interwoven will be an ongoing treatment of various issues of corporate and organizational liability, individual liability in an organizational setting, federal jurisdiction over crime, the question of overcriminalization, sentencing, and the role of the white collar prosecutor and defense attorney.
This seminar is about the conviction and incarceration of the factually innocent in the American criminal justice system. We will examine how and why wrongful convictions occur, the sources of error (e.g., eyewitness mis-identifications, false confessions, perjured testimony from jailhouse informants, police and prosecutorial misconduct, etc), and what can be done to minimize future errors. A paper will be required.