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Spring 2012 Course Offerings

A — E F — L M — U 


Administrative Law
Credits: 3

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 Intellectual Property
Credits: 2
Prerequisite: Copyright & Trademark, or Business Torts & Intellectual Property, or Patent Law
Provides an intensive study of issues and concerns pertaining to the prosecution, protection, exploitation, and enforcement of intellectual property rights. Practices and procedures important to obtaining, using, protecting, and defending the use of ideas, trade secrets, copyrights, patents, and trademarks are examined. Students develop their transactional, negotiation, and litigation skills through preparation of documents and mock negotiation. Current developments in intellectual property law are reviewed and integrated into the course study.

Advanced Legal Research Seminar
Credits: 2

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.

Alternative Dispute Resolution
Credits: 3

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.”

Antitrust
Credits: 3

An introduction to the law of antitrust, including the common law of restraint of trade, the basic federal antitrust statutes, the enforcement policy guidelines of the federal antitrust enforcement agencies, and the  application of these statutes and guidelines to various arrangements, practices, and institutions (e.g., formal cartels, price-fixing conspiracies, “conscious  parallelism,” trade association activities, resale price maintenance, mergers, boycotts, and tying arrangements) whose effects are potentially anti-competitive.

Asset Management Regulation
Credits: 3
Employee benefits issues arise in the context of business acquisitions and divestitures, labor negotiations, health care, family law, and a host of other practices. Knowledge of employee benefits is highly valued by many in private practice and in-house. This course examines employee benefits governed by the Employee Retirement Income Security Act of 1974 (ERISA) and its subsequent amendments. It will cover defined benefit and defined contribution plans, and employee welfare benefit plans. The course examines the rules on eligibility, participation, vesting, funding, and plan discrimination; it also considers cafeteria plans, flexible spending accounts, and other employee welfare benefits. The course will review portions of the recently enacted Patient Protection and Affordable Care Act (PPACA). 

Business Associations
Credits: 4
This course covers the standard subject matter of a general course in corporation law, including the nature, formation, promotion, and governance of corporations. Specific topics include comparison of the corporation with the partnership, as well as a discussion of non-partnership unincorporated businesses (LLC, etc.); powers of the board, officers, and shareholders; the federal proxy rules; insider trading and securities fraud; problems of the close corporation; directors’ fiduciary duties to the corporation and duties to the investing public; social concerns and their relation to corporate governance.

Child Advocacy Clinic
Credits: 6

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 Litigation Practice and Strategy
Credit: 2
This course will focus on practical aspects of civil litigation tactics and techniques, such as the “how to” of interviewing clients and case evaluations, drafting effective pleadings, obtaining temporary restraining orders and other emergent relief, effective discovery planning, witness preparation, conducting and defending depositions, retaining and using expert witnesses, motion strategy and practice, and more. The course will integrate the study both the Federal and New Jersey Rules of Court governing civil litigation with the practical considerations of using those rules strategically in both the federal and states courts of New Jersey. Instruction will include both lecture and mock skills exercises and will include analysis of the divergence between civil practice in New Jersey Superior Court and the U.S. District Court.

Civil Procedure
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.

Commercial Law
Credits: 4

A basic course in sales, secured transactions, and negotiable instruments. Depending on the professor, course coverage can include Uniform Commercial Code articles 2 (sales), 2A (leases), 3 (negotiable instruments/payments), 4 (bank deposits), 4A (funds transfers), 5 (letters of credit), 8 (investment securities), and 9 (secured transactions).

Community Law Clinic
Credits: 8

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.

Computer Crimes Seminar
Credits: 2
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.

Constitutional Law
Credits: 5
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 Law II
Credits: 4 
Prerequisite: Constitutional Law. Course not open to students who have taken Civil Rights or Civil Liberties.
Course includes topics not covered in the basic Constitutional Law course, but covered in the Civil Rights and Civil Liberties courses. Emphasis on First Amendment issues of freedom of speech and religion and federal civil rights legislation implementing the Fourteenth Amendment.

Constitutional Litigation Clinic
Credits: 6
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.

Construction Law
Credits: 2
Construction is one of the largest, if not the largest segments of the U.S. and world economy. Lawyers play a significant role in the construction process, as both counselors and litigators. The American Bar Association’s Forum on the Construction Industry is one of the largest groups within the ABA, with over 6500 members. This course will expose the law student to the legal, business and technical issues construction lawyers must master to effectively serve their clients. The legal and business relationships that define the construction process will be examined from the point of view of all participants, covering every stage of a construction project from conception through final completion and the resolution of disputes. Legal issues involving contractual relationships, damages, liens, defects, insurance and suretyship and dispute resolution will be presented from the perspective of the construction practitioner.

Copyright & Trademark
Credits: 3

This course surveys all areas of intellectual property with a focus on copyright and trademark law. The student will examine the laws that protect the ideas, trade secrets, rights of publicity, copyrights, trademarks, and patents of creators. This course is based in federal statutes and interpretative case law. However, state law is also reviewed and considered, with particular emphasis on relationships between state and federal laws within the constitutional framework of federalism. The move for global harmonization of intellectual property law is explored while reviewing subject matter of cases that cover a broad spectrum of products and services from the turn of the century to modern day technologies.

Corporate Finance
Credits: 4
Prerequisite: Business Associations
The law and economics of the financing of corporations, including (1) the valuation of securities and of the issuing corporation; (2) the rights of senior security holders; (3) insolvency reorganization; (4) capital structure and dividend policy; and (5) mergers, recapitalizations, and takeovers. Course materials include basic financial economics and documentation from actual financing transactions in addition to cases, statutes, and other traditional materials.

Corporate Reorganization
Credits: 2
This course introduces the student to the law governing the relations between financially distressed business debtors (those who owe) and their creditors (those to whom obligations are owed). We will consider why businesses encounter financial troubles, and what remedies businesses may pursue outside of bankruptcy court to solve their troubles. We will then focus on business reorganization under the Federal Bankruptcy Code, with emphasis on Chapter 11 reorganization. We will consider, throughout the course, how creditors, debtors, and their attorneys take the effects of bankruptcy law into account in (i) counseling clients, (ii) negotiating, documenting and performing contracts, (iii) reducing risk, and (iv) resolving disputes with and without litigation.

Criminal Adjudication
Credits: 3

Addresses the rules that govern the processing of criminal cases, with emphasis on the adjudication stage: preliminary examination, indictment, plea bargaining, trial, sentence, appeal, and collateral attack.

Criminal Law
Credits: 3

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
Credits: 2
Prerequisite: Evidence
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.”

Criminal Procedure
Credits: 4

This course provides an overview of the constitutional amendments regulating police conduct in the administration of criminal justice with special emphasis on the due process and equal protection clauses of the Fourteenth Amendment; searches and seizures under the Fourth Amendment; and police interrogations under the Fifth Amendment. Supreme Court decisions in this area have reflected intense division among the justices. Class lectures and discussion will explore the different types of arguments through which constitutional doctrine is developed and the competing assumptions and values that inform the doctrinal divisions.

Cultural Heritage Law Seminar
Credits: 2
This seminar provides an introduction to the law pertaining to cultural heritage such as ancient artifacts, historical relics, and fine art. Topics covered include illicit antiquities trade, cultural heritage protection in times of armed conflict, repatriation of colonially acquired artifacts, repatriation of Nazi looted objects, repatriation of Native American remains under NAGPRA, bilateral agreements between source and market nations, and the role that museums and auction houses play in the illicit antiquities trade. Each student will submit a scholarly paper on a pertinent topic of their choice. One field trip to a UNESCO World Cultural Heritage site will be included.

Current Issues in Bankruptcy Seminar
Credits: 2
Stern v. Marshall (U.S. Supreme Court, June 23, 2011) has the bankruptcy world buzzing. Though it professes to respond to a “narrow” question, the majority opinion refocuses attention on the fundamental unanswered issue of whether “the restructuring of debtor-creditor relations is in fact a public right” – a question which, if ultimately answered in the negative, would remove non-Article III bankruptcy judges from their day-to-day functions. The majority strikes down the adjudicatory authority of bankruptcy judges in certain statutory “core proceedings” and raises questions as to others.
    Stern v. Marshall will be the starting point for the study of federal bankruptcy jurisdiction and a number of substantive provisions of the Bankruptcy Code. Given the breadth of subjects covered by the Code either directly or through incorporation of other law, and the bankruptcy niche within the federal courts, the seminar should provide a capstone for the student’s law school experience. Research, statutory analysis, advocacy within group discussion sessions, and legal writing skills are to be employed. A principal goal of the seminar is to have each participant realize confidence in her/his Rutgers Law-developed “legal index” and enhanced professional skills.

Education Law 
Credits: 3

A survey of the law governing public elementary and secondary education. The course considers the substantive legal issues that arise in public schools as well as the role of the law and lawyers in public education. Topics include education administration, governance and policy making; school desegregation, school choice and school finance; students’ rights, including the right to attend school, due process, privacy, freedom of expression and freedom of religion; special education; and employment law issues as they arise in the public school context, including tenure, seniority, discipline, freedom of expression, freedom of religion, and collective bargaining.

Electronic Commerce 
Credits: 2
The Internet is reshaping every aspect of business activity. In the emerging digital age of electronic commerce, companies will have to adapt quickly and cleverly or risk being overwhelmed by rivals. Today’s laws were mostly framed for pre-Internet conditions, but rapid changes are essential for electronic commerce to flourish. This course examines the specific business law-related issues which every firm must address when marketing a product online, executing an electronic payment process, or an associated electronic delivery of goods and services. The Internet has changed expectations about convenience, speed, comparability, price, service, and business transactions at every level. Such changes are being reflected in corresponding changes in commercial law. Most of the difficulties addressed by this seminar did not even exist five years ago, such as MP3 pirates, digital signature cross-certification, UCC Article 2B, website tenant rights, among others. Unlike an Internet Law course, which considers a broad cross-section of Internet legal matters, this course will focus on legal issues associated with computer, information, and telecommunication technologies as well as the Internet that result in electronic business transactions.

Employment Discrimination
Credits: 3

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”).

Employment Law
Credits: 3

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.

Employment Litigation Skills
Credits: 2
Through the use of a hypothetical case, students will engage in the full adjudication process from commencement of a lawsuit to its resolution. At the beginning of the semester, students will be assigned a specific case to adjudicate (either employer or employee side). Students will identify the key issues, develop the case strategy, and be assessed on their ability to execute that strategy throughout the semester including negotiating a settlement if that would serve their client’s best interests. Depending on the decisions made by the lawyering teams, students may have opportunities to represent their clients in simulated negotiation, mediation, state and federal agency proceedings, and in state and federal court. The instructors, as practicing attorneys will offer instruction in practical skills directly related to the progress of the simulation (such as strategic and tactical factors, settlement negotiations, etc.). Some attention will be given to the unique considerations involved in representing public sector employees and employers. Throughout this two credit course, students will have opportunities to craft their strategies and hone their skills.

Entertainment Law and Business
Credits: 2
 
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
Credits: 4
Environmental law in the United States, as a distinct field of legal practice and scholarship, is younger than some of today’s law students and probably most of their teachers and parents, yet it affects profoundly our quality of life, our society, and our economy. This introductory course surveys environmental law through study of a suite of major federal environmental statutes. The evolution and current state of these laws will reveal recurrent themes and problems in the law of environmental protection. The course will also address issues of environmental justice and emerging legal responses to climate change.

ERISA and Employee Benefits
Credits: 2
Employee benefits issues arise in the context of business acquisitions and divestitures, labor negotiations, health care, family law, and a host of other practices. Knowledge of employee benefits is highly valued by many in private practice and in-house. This course examines employee benefits governed by the Employee Retirement Income Security Act of 1974 (ERISA) and its subsequent amendments. It will cover defined benefit and defined contribution plans, and employee welfare benefit plans. The course examines the rules on eligibility, participation, vesting, funding, and plan discrimination; it also considers cafeteria plans, flexible spending accounts, and other employee welfare benefits. The course will review portions of the recently enacted Patient Protection and Affordable Care Act (PPACA). 

Estates in Land and Future Interests:
Credits: 1
The seminar will offer a systematic presentation of the rules and classifications of the estate law. It will largely repeat the Estates and Future Interests segment of the first year Property course — with more time devoted to understanding and applying each rule. We will be particularly focusing on practicing problems and learning how to classify estates and future interests and determine their validity or invalidity.

Evidence
Credits: 4
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.
N.B.  Evidence-Section (2) with Professor Raveson will have a limited enrollment. Students who register for Evidence-Section (2) with Prof. Raveson MUST also register for Trial Presentation with Professor Raveson.

Evidentiary Issues at Trial
Credits: 2
Prerequisite: Evidence
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.

Family Law 
Credits: 3
Examines the legal aspects of the family unit, including establishment of the marital relationship, intrafamily rights and responsibilities, marriage dissolution, problems of support and the custody of children, and, as time allows, the role of the state in protecting the welfare of children. The changing role of women is implicated and explored in each area. The four-credit version of this course will include a greater focus on the relationship between parents, children, and the state.

Family Law ADR
Credits: 2
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 Courts
Credits: 4
 
An inquiry into the powers of the various federal courts; into their relations among themselves and to other arms of governments (state and federal); and into the science, art, and politics of successfully invoking their powers. The major focus is on the role of the federal courts in our constitutional system. Consideration of the types of cases the federal courts should adjudicate, the circumstances under which they should hear cases, when they should defer to proceedings in state courts or decisions by state officials, and the extent to which Congress can alter federal court jurisdiction.

Federal Income Tax
Credits: 4

Basic course in the structure and operation of the federal income tax and its application to individuals and business organizations.

Federal Income Tax — Corporations & Shareholders
Credits: 3
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.

Federal Tax Law Clinic
Credits: 6

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.

Financial Crisis Seminar
Credits: 2
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
Credits: 2
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.

Global Climate Change: Science, Law, and Economics
Credits: 3
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.

Health Care Law II
Credits: 3
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.

History of the Common Law
Credits: 3

This course will survey the deep historical origins of our legal system and set its development in social and cultural context. We will begin by examining the extraordinary, lost world of ancient Germanic and Anglo-Saxon law, including the system of dispute resolution among the Vikings. We then will examine English legal history after the great Norman conquest of 1066 and the legal revolution wrought by Henry II and the Angevin court, the ultimate foundation of our legal system today. Topics will include Roman law and its reception in England and on the continent; the significance of Magna Carta; the legal foundations of feudalism; the development of Parliament and Parliamentary supremacy (against which our federal constitution poses itself); Chancery and the history of equity jurisdiction; the development of forms of action; hundred, shire, seigniorial, and borough courts; the Court of Common Pleas, King’s Bench, and Exchequer; compurgation, trial by battle, ordeal, and the history of the jury; the development of the legal profession and the history of legal education; crime and punishment in early modern England; classics of legal historiography, especially the work of F. W. Maitland, and the history and ideological significance of how the development of the common law has been understood and imagined; and the reception of the common law in colonial and revolutionary America. The course will be based in lectures and supplemented by student discussion. No previous historical knowledge required.

Housing Law & Policy
Credits: 3

Registration preference is given to first year students. Seminar limit: 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.

Human Trafficking Seminar
Credits: 2
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
Credits: 6
Pre- or Co-requisite: 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 Policy Seminar
Credits: 2
 
Citizenship and Naturalization: Why are U.S. naturalization rates consistently half of Canada’s or Australia’s? Should the criteria or procedures for naturalization be made more user-friendly, or do these reflect important values? Does dual citizenship in current U.S. law serve the nation or actual or potential dual citizens? Does the list of individuals who are U.S. citizens at birth accurately reflect social and constitutional values? Admission to the U.S: Does the current priority system for visas serve the nation well? How well do current visa categories correlate with success or failure? with the understandings of economists and social scientists about migration? Should family unification play such a large role in granting visas? Do current legal concepts of family accurately reflect contemporary families? Should more visas be made available to individuals with job skills, or investment capital, even if they lack U.S. family or sponsors? Could the process permitting business to hire global talent be made more efficient without unacceptable cost to unemployed or underemployed U.S. workers? Should a green card be stapled to every science and engineering doctorate granted by a U.S. university? Should more use be made of temporary visas permitting temporary work, or are such programs too likely to exploit foreign workers and undercut U.S. labor standards? Can domestic or transnational organizations of migrant workers be used to ensure against labor exploitation? Can current supervision of student and cultural exchange visas be improved, and should these individuals have more or less freedom to work? Are there countries that send too many migrants to the U.S. for their own good (“brain drain”)? How well does current law prevent trafficking of sex workers? Is this a problem that calls for separate bureaucracy, or is it better regulated as one example of migration into exploited labor? Administration: Who works on immigration issues for the departments of State, Homeland Security, Justice, and Labor? How could the caliber of these individuals and the efficiency of the processes be improved? How well does the Department of Homeland Security coordinate the various immigration agencies? Enforcement and Control of Unauthorized Migration: How well are current enforcement dollars spent? How effective is border control?  inspection at authorized points of entry? internal enforcement such as factory or home raids? employer sanctions? electronic systems of verifying status? Which, if any of these, should be made more effective, or eliminated? Do state or local government have any useful role in immigration law enforcement, or should they be kept out? Politics of Immigration Reform: Whichever policies you prefer, how might your preferred policies come into effect? What has been the experience with major commissions that have studied immigration: do these effectively mobilize political support? What kind of package of reforms might be politically salable? Does anti-immigrant political sentiment reflect chauvinism, patriotism, racism, economic factors, or what? Should any or all aspects of immigration be negotiated with other countries in treaties or trade agreements? Should the NAFTA countries (Canada, US, Mexico) be working toward open borders on the model of the European Union? Should there be a World Migration Authority on the model of the World Trade Organization, or included within it? Should the right to migrate be a human right, enforced through human rights treaties and statutes?

Intellectual Property Financing
Credits: 2
Today hard assets such as real estate and equipment make up only a third of most company’s stock market value with intangible assets such as trademarks and patents comprising the balance. This seminar will initially cover the basics of intellectual property. Thereafter, it will examine the use of intellectual property as credit support. We will study the interaction between the law of secured transactions (emphasizing Article 9 of the Uniform Commercial Code) and relevant federal and state laws that govern the creation, perfection and enforcement of security interests in this asset class. Approaches to drafting loan documents to include covenants that allow monitoring of intellectual property collateral to mitigate risks in the transaction and provide for adequate enforcement rights will be addressed. Relevant statutes and case law will be studied.

International Business Transactions
Credits: 3

A study of the private law aspects of international transactions. General topics include U.S. law as it affects the entry of persons, goods, and investment to national markets, multinational corporations, export controls, international institutions that affect private transactions, such as GATT and the EEC, and the comparative study of similar topics in both developed and developing countries.

International Criminal Law
Credits: 2
This course examines the historical development of international criminal law; the institutions and procedures through which international crimes have been and are currently prosecuted; substantive international crimes including war crimes, crimes against peace, crimes against humanity, genocide, torture, and terrorism; as well as modes of responsibility, available defenses, and sentencing.

International Law & a Just World Order
Credits: 3

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
Credits: 3
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.

Islamic Banking and Finance
Credits: 2
This course will be divided into two parts. In Part I, we will study the history, theory and sources of Islamic jurisprudence. In Part II, after providing the moral and ethical underpinnings of the Islamic moral economy (riba/interest/usury, gharar/uncertainty and maisir/gambling) within a comparative religious perspective, we will study the Islamic law governing contracts, business transactions, trade and creditor and debtor rights/bankruptcy.  We will also study the Islamic law of sale (murabaha, salam, istisnaâ), leasing (ijarah) and partnerships (sharakat). We will also examine Islamic bonds (sukuk) and Islamic mutual insurance (takaful). With the knowledge acquired during the course, we will then conclude with a survey of the arguments advanced by the proponents and opponents of modern Islamic finance and the future of this rapidly emerging industry. No previous familiarity with the field is necessary and there are no course prerequisites. All readings will be in English.

Judicial Externship
Credits: 3
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
Credits: 3

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.

Labor & Employment Arbitration Seminar
Credits: 2

This seminar will consider practice and procedure in public and private sector labor arbitration, and mandatory arbitration agreements for non-union employees. The purpose of the seminar is to study the practical and legal aspects of the arbitration process, and to consider the differences between labor arbitration in a union setting, and mandatory arbitration for non-union employees. Among the topics discussed will be: sources of arbitration law, discovery techniques, submission of an issue to arbitration, conduct of the hearing, rules of evidence, burdens of proof, remedies, and the enforcement and vacation of an arbitrator’s award. Each student will be required to attend one actual arbitration and to write a post-hearing brief. Guest lecturers will include a labor arbitrator and a Superior Court Judge.

Labor Law
Credits: 3
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.

Land Redevelopment Law
Credits: 2
This course is oriented toward an understanding and analysis of the context, policy, statutory and case law structure for redevelopment of New Jersey’s urban centers, cities and towns. This is in the context of New Jersey being the most densely populated state in the country and the Smart Growth trends rendering greenfields development more difficult while creating incentives and mechanisms to facilitate redevelopment utilizing existing infrastructure, systems, and resources. 

Law and Arab Spring Seminar
Credits: 2
The revolutions of 2011 across North Africa and the Middle East raise significant legal questions, including questions arising under international law – especially in the field of human rights – but also with regard to constitutional and other law reform processes within each of the affected countries. In this seminar, coinciding with the first anniversary of the start of what is now called “the Arab Spring,” we will examine many of these questions in depth. The class will also consider the subsequent rise of fundamentalism, and the implications for women’s human rights. Geographically, we will look closely at recent developments in Tunisia, Egypt, Libya, Algeria, Morocco, Syria, Yemen, Bahrain and Saudi Arabia, and beyond.

Law & the Humanities II
Credits: 2
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 Accounting
Credits: 2

This course is intended for persons who have never studied accounting. The course begins with an explanation of double-entry bookkeeping and some practice in making bookkeeping entries, and progresses through the preparation and understanding of financial statements of corporations, the stockholders’ equity accounts, and the principles used in determining net corporate income.

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.

Legislation
Credits: 3

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
Credits: 3

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.

National Security Law
Credits: 2
This course will explore the ways in which terrorism has challenged the traditional legal constructs of international and domestic law designed to protect national security. It will begin with an historical discussion of the evolution of the international law of sovereignty and war, the doctrine of posse comitatus, and the type of terrorism that has led to today’s war on terror. It will proceed to examine the ways in which acts of terror were handled pre-and-post 9/11, including the passage and implementation of the Patriot Act, the designation of detained individuals as enemy combatants, the use of immigration laws and material witness statutes to detain individuals, and the respective roles of domestic lawmakers and courts, international alliances, and the United Nations in conducting the war on terror.

New Jersey Practice
Credits: 2

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
Credits: 2

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.

Partnership and Limited Liability Company Tax
Credits 3
This course studies the federal income tax treatment of partnerships and limited liability companies. It begins with the choice of entity for a new business venture, and then addresses the issues that arise in the formation of a partnership or LLC and in its operation. The topics to be covered include: partnership accounting, receipt of a partnership interest for services, contributions of encumbered property, special allocation of partnership items of income or deduction, distributions to partners, and sale of a partnership interest. We will focus on reading the relevant provisions of the Internal Revenue Code and Treasury Regulations and on applying the provisions to assigned problems.

Patent Claim Drafting
Credits: 2
Prerequisite: Patent Law. Course limited to 12 students.
This course focuses on the mechanics of drafting patent claims to define the protected scope of an invention. The course covers drafting and analysis of independent and dependent claims, apparatus claims, Markush groups, means-plus-function limitations, method and system claims, and other claim types. Students are given a number of claim drafting homework exercises focusing on simple inventions that persons from any technical discipline should be able to understand, and receive individualized feedback on their claims.

Personal Injury Litigation Skills
Credits: 2
This course will provide an overview of the organization of New Jersey courts, including the Supreme Court. It will examine all stages of personal injury litigation, with emphasis placed on New Jersey practice and procedural law as to pleadings; motion practice; discovery and case management; alternative dispute resolution; trials and adjournments; and dismissals, default and enforcement of judgments.

Political & Corporate Corruption Law
Credits: 2
Law is the primary public tool to meet the challenges posed by political and corporate corruption. Bribery, bid-rigging, undisclosed conflicts of interest, omission of material information from corporate disclosures, legal restraints on political activity by government workers, and the use of campaign contributions to gain political influence are all within the range of laws designed to limit and restrain public and private corruption. This course will examine leading corruption cases including the Watergate and Iran contra scandals; the Enron, Arthur Anderson, Worldcom fraud cases; the Abscam congressional payoff prosecutions, corporate fiduciary duty as seen in the Miliken and Martha Stewart cases; the Clinton-era Whitewater and impeachment investigations; the ethics inquiries of Senator Robert Torricelli and Representative Tom DeLay. An important feature of the course will be an extended legal analysis of corruption issues arising out of New Jersey’s political and governmental system. The full range of legal and ethical tools concerning governmental and business corruption will be explored, including the federal Hobbs Act, civil and criminal RICO applied to corporate and political corruption cases; New Jersey’ anti-bribery act; legislative disclosure rules, Sarbanes-Oxley corporate governance, the status of “pay to play” donations under anti-bribery laws; obstruction of justice and destruction of corporate records. Constitutional questions as to state/federal enforcement power in political and corporate cases will also be examined.

Professional and Academic Development
Credits: 0
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.

Professional Responsibility
Credits: 3

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.

Race, Gender & Tort Law Seminar
Credits: 2

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
Credits: 3

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.

Securities Regulation
Credits: 3
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
Credits: 3
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
Credits: 2
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.

Special Education Clinic
Credits: 6

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.

Special Education Law Seminar
Credits: 2
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.
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 & Local Government
Credits: 2
This seminar provides an introduction to the structure and role of State and local government in New Jersey, and the interaction between branches and levels of government. Review of academic materials, statutes and case law will provide a practitioner’s perspective on the legal and public policy considerations influencing the decisions of governmental bodies in New Jersey. This seminar will require a presentation by each student to the class and the submission of a paper by the end of the semester.

State and Local Taxation
Credits: 2

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.

Trial Presentation
Credits: 2
Prerequisite: Evidence
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.      
N.B.  Trial Presentation-Section 2 with Prof. Raveson is open ONLY to students registered in Evidence-Section (2) with Professor Raveson during the Spring 2012 semester.

Urban Legal Clinic
Credits: 8
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.

White Collar Crime Seminar
Credits: 2
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.