REQUIRED COURSES

Civil Procedure Cr. 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.

Constitutional Law Cr. 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 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. 

Contracts Cr. 4

The study of voluntary obligations. The course explores the bases for enforcing promises, e.g., consideration, bargain and reliance, and quasi-contractual obligations. The mechanics of contract formation, including formalities and the effects of adopting a writing, are also explored. The course focuses upon the interpretation of contract and identification of breach, and the subject of remedies and the interests protected by various methods of contract enforcement and calculation of damages. The course may also cover conditions, order of performance, and measures used to incorporate realities external to the classic contract, such as justifications for non-performance and the concept of relational contracts.

Criminal Law Cr. 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.

Legal Research and Writing I & II Cr. 3

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.

Property Cr. 4

The study of the rights associated with real property, with special emphasis on possessory estates and basic concepts such as possession, ownership, and title. Rights in the land of another and a brief introduction to future interests and, at times, to personal property are also included.

Torts Cr. 4

The study of the nature of civil wrongs and of elementary jurisprudential conceptions concerning liability. Intentional torts and their relations to the law of crimes, the law of negligence, theories of causation and their philosophical foundations, products liability and other forms of liability without fault, and professional malpractice, affirmative defenses, comparative fault, damages, insurance, and alternatives to the torts system may also be discussed.

UPPER-CLASS ELECTIVE COURSES

Applicants should understand that the curriculum frequently undergoes revision. By the time that they enter the second or third year at the law school, it is likely that the curriculum may have changed somewhat from that set forth below.

Administrative Law Cr. 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.

Admiralty Law Cr. 2

This course will introduce students to the basic principles of Admiralty Law, i.e., the statutes and common law regulating the rights and liabilities associated with the carriage of goods and passengers over water.

The course will cover admiralty jurisdiction (including the respective jurisdictions of the federal and state courts), as well as the special procedures applicable to admiralty litigation. Students will study substantive admiralty law, including the law regarding the injury and death of maritime workers and passengers, the lease of vessels (i.e., charter parties), the carriage of goods, marine insurance, and liability for collisions among ocean-going vessels. As part of this study, students will explore the impact of and the general international maritime law upon the maritime law of the United States.

Advanced Contracts Cr. 2

Supplements the required course in Contracts. Depending upon the interests and prior experience of the class, topics may include justifications for nonperformance, conditions, contract interpretation, the parol evidence rule, third party beneficiaries, assignment and delegation, and techniques of contracts drafting and risk planning. Some treatment also may be given to the related tort of interference with contractual relations.

Advanced Intellectual Property Cr. 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 Legislative Research Cr. 1

This one-credit intensive course will be offered during the summer session. Instruction will consist of lectures and direct research over three class days. Students will study the theory and methodology of performing legislative research and compiling legislative histories and learn to use legislative research as a tool for legal advocacy. The course will focus on federal legislative materials as well as legislative documents in New Jersey and New York. Students will gain hands-on experience utilizing the resources of the Rutgers Law Library and the library's computer labs and examine legislative documents in both print and online formats. Each student will produce a legal memorandum that analyzes the legislative history of a particular statute.

Adversarial Negotiations Cr. 2

Prerequisite: Negotiation or Introduction to Alternative Dispute Resolution.

Negotiation is driven by several factors: the personalities of the participants, the relationship between the parties, the nature of the dispute, and the desired outcome, among others. Those factors dictate the choice of negotiation strategies and tactics employed by lawyers/participants. This course will explore the differences between cooperative and competitive negotiation. Using the philosophy of the martial arts, particularly Eastern, it will focus on identifying techniques and tactics that may be employed defensively or offensively in those situations where the players believe winning is everything.

Alternative Dispute Resolution Cr. 3

This course will introduce law students to the range of dispute resolution processes increasingly in use 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."

American Legal History Cr. 3

This course will explore the social and cultural meaning of legal texts in American history. It will cover topics ranging from 1776 through the 20th century, but will focus on 19th-century themes (e.g., the women's rights movement, the Civil War and Reconstruction-era constitutional amendments, and 19th-century morals regulation, such as laws against obscenity and polygamy). A central, though by no means exclusive, organizing frame for the course will be constructions of gender and sexuality in American legal history. Readings will consist of both primary and secondary historical sources.

Antitrust Cr. 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.

Appellate Advocacy Cr. 3

A study of appellate practice and procedure, brief writing, and oral advocacy through both lectures and practical experiences. Each student is given the record of an actual case and is required to prepare a full brief and present an oral argument.

Bankruptcy Cr. 3

Course not open to students who have taken Debtor-Creditor Law.

Covers basic bankruptcy law Title 11 of the United States Code and federal regulation of debtor-creditor relations.

Business Associations Cr. 3 or 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.

Business Torts & Intellectual Property Cr. 3

This course is oriented toward an understanding and analysis of the common law and statutory materials available for the acquisition and protection of commercial property rights. Detailed treatment is afforded the law of trademarks, trade secrets, and trade values. The interrelationship of unfair competition, trade values, patents, copyright, and false advertising is considered in some depth. Students will be encouraged to assume the role of legal counsel in typical commercial settings.

Civil Commercial Trials Cr. 2

This course examines the development of fact and law issues for and at trial as well as trial tactics and strategies from jury selection to closing argument in a variety of cases such as libel, unfair competition, trade secrets, and contracts. Teaching materials include actual trial transcript excerpts. Students also participate in mock trial exercises (e.g., opening statements and direct and cross-examinations). Written work includes short memoranda on evidentiary and trial motion issues.

Civil Liberties Cr. 3

Course not open to students who have taken Constitutional Law II.

This course examines cases, materials, and issues in First Amendment law, exploring the changing parameters of rights of political and other expression; religious freedom; freedom of the press; privacy; and access to information about government activities. If class size permits, the course is organized around contemporary problems, both real and hypothetical, for which the reading materials provide information and an analytical framework.

Civil Rights Cr. 3

Course not open to students who have taken Constitutional Law II.

Discusses both the substantive and procedural Constitution and statutory problems involved in the efforts from the end of the Civil War until the present to enforce the Thirteenth, Fourteenth, and Fifteenth Amendments. Legislative, executive, and judicial areas of action considered.

Civil Rights-Section 1983 Cr. 3

Originally enacted immediately following the Civil War, the 1866 and 1872 Civil Rights Acts, now codified as 42 U.S.C. Sec. 1983 and related statutes, have become the major statutory provisions through which the federal courts protect constitutional rights. Section 1983 has developed into a substantial body of jurisprudence, governing who may sue, who may be sued, when governments and their employees are immune from suit, and availability of remedies. This course explores these developments, and considers the ways in which Sec. 1983 assists or restricts the use of the law to control government abuses and to facilitate movements for social change.

Commercial Law Cr. 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).

Comparative Law Cr. 3

Course opens with a discussion of what is comparative law, partly by studying comparative literature and partly through a traditional study of European civil and common law, using commercial (contract) law concepts as the vehicle. After looking at anthropological perspectives on law, the course considers other sources of social influence, first comparing European canon law to the Shari'a, and then looking at how civil and common law systems have been received in selected former European colonies. A brief study of certain business aspects of Japanese and post-Communist Chinese law rounds out the course.

Complex Litigation Cr. 2

This course explores procedural and jurisdictional issues as well as strategic considerations that lawyers are likely to encounter in actual federal and state court litigation. The perspective of plaintiffs' and defendants' counsel is considered with emphasis on multi-district and class action litigation. The initial focus is on forum selection, the Judicial Panel on Multi-district Litigation, removal to federal court and remand, misjoinder, and forum non conveniens. The course then examines in depth the prosecution and defense of class actions, including class certification for litigation or settlement purposes in consumer fraud, mass disaster, product liability, civil rights and antitrust litigation. Following the progress of litigation as it approaches trial, the course examines Daubert and Frye hearings to exclude expert testimony and other motions in limine. Exercises in preparing briefs and arguing motions based upon the subjects of the course will enable students to improve their advocacy abilities. Legislative reform proposals for this kind of litigation will also be analyzed.

Conflict of Laws Cr. 3

Examination of the legal problems that arise when a lawsuit involves parties and events connected to two or more states. These problems concern personal and subject matter jurisdiction, choice of the applicable state law, and recognition of the judgment by courts of other states. In addition, students will explore the theories used by courts and recommended by scholars to resolve these problems.

Constitutional Law II Cr. 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 Theory Cr. 3

This course will focus on the use of constitutional theory in appellate advocacy and judicial opinion writing. The goal is to develop the student's ability to make effective use of political intuitions, values, and concepts in legal argument. Topics will include textualism, original intent, natural law, and political theory (including feminist theory). Among the readings will be selections from Bruce Ackerman, Derrick Bell, Robert Bork, John Hart Ely, Catharine MacKinnon, Martha Minow, and Suzanna Sherry. In addition to reading and discussing the theories themselves, we will critically examine their use in briefs and judicial opinions.

Consumer Finance Cr. 2

The study of the statutory and common law regulation of consumer finance transactions. The course explores the law of usury, rate regulation, disclosure of credit terms, credit discrimination, predatory lending, consumer privacy, and credit reporting. Students will examine the origin and operation of the primary federal statutory schemes governing consumer finance transactions, including the National Bank Act, the Truth-in-Lending Act, the Fair Credit Reporting Act, the Equal Credit Opportunity Act, the Gramm-Leach-Bliley Act and the Real Estate Settlement Procedures Act, and interpretative case law. The course also will cover certain state statutes, federal preemption doctrines, and the interaction of federal and state law, as well as the role and effect of governmental enforcement actions and private litigation.

Copyright & Fictional Heroes Cr. 2

Prerequisite: Copyright & Trademark or Business Torts & Intellectual Property

While fictional characters and superheroes may claim the "superpower" of copyright protection, they do not always prevail in their battles with new media and new distribution technologies. This course will explore the way in which literary characters such as Spider-Man, James Bond, and other famous creations have fared in copyright conflicts as others attempt to exploit them in emerging media, on the Internet, and in new entertainment sectors such as games. The course will analyze the fundamental concepts of copyright law that apply to the protection of characters and fictional works, the nature of a derivative work, and the principles of "fair use" and free speech that are implicated in such cases. The course will also cover those trademark and right of publicity principles that apply to character cases.

Copyright & Trademark Cr. 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 Cr. 3 or 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 Negotiations Cr. 2

The vast majority of disputes are settled out of court, through negotiation. Accordingly, negotiation is among the most important skills of a lawyer. It is also the skill that lawyers spend much of their time practicing and developing. This course explores the art, science, theory, and strategy of negotiation. The negotiation topics include process, conceptual model, psychological facts, bargaining, conflict style, and ethics. The course also covers alternative dispute resolution, including mediation. It will analyze negotiations not only in litigation, but also a variety of corporate settings, including mergers and acquisitions, reorganizations of corporations experiencing financial difficulties, and business deals.

Corporate Reorganization Cr. 2

Prerequisite: This course is open only to students who either have previously taken or are concurrently taking Business Associations.

This course explores the key legal and policy issues that are implicated when a firm reorganizes under or in the shadow of Chapter 11 of the federal Bankruptcy Code. These include the substantive and procedural requirements for confirming a plan of reorganization, the choice between judicial and market valuation of the reorganizing firm, the use of auctions and options in the bankruptcy process, the tradeoffs between liquidation and reorganization, priorities in distribution, the absolute priority rule and its "new value" exception, private workouts, prepackaged plans of reorganization, claims trading, the relevance of non-bankruptcy law to the reorganization process, and the use of Chapter 11 as a mechanism of corporate governance.

Criminal Adjudication Cr. 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 Procedure Cr. 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.

Criminal Trial Presentation Cr. 2

Prerequisite: Evidence.

Practice in preparing for and conducting criminal trials with systematic study of problems of gathering evidence, strategy in planning the trial, order of proof, empaneling a jury, openings to jury, direct and cross-examination, and summations.

Debtor and Creditor Cr. 4

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.

Economic Regulation Cr. 2

This course explores the legal and economic bases for the economic regulation of business. Included are a review of the constitutional limits upon regulation and the evolving rationales for regulation, and, with increasing frequency, deregulation. While the materials will be drawn from several industries, the greatest focus will be on the great transformation which has occurred in the last quarter century in the regulation of the traditional public utility firms -- particularly those in the energy fields.

Education Law Cr. 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 Cr. 3

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 seminar will examine the specific business law-related issues which every firm must address when marketing a product on-line, 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.

Electronic Discovery Cr. 2

The course explores an essential element in modern litigation – the discovery and use of electronic information (emails, databases, and other digital data sources). Recent changes to the Federal Rules of Civil Procedure, as well as changing judicial attitudes toward best practices in this area will be examined. For litigators of the future, basic skill in this area will be critical to success.

Employee Benefits Cr. 2

Labor Law or Employment Law recommended but not required.

This course is an introduction to ERISA, with a focus on the law's protection of the rights of employees who participate in pension and health plans. The content of the course will give an overview of the law of employee benefit plans under ERISA. Emphasis on issues of interest to labor and management counsel of Taft-Hartley funds, including fiduciary responsibility of plan trustees, investment issues, reporting and disclosure requirements, benefit claims, plan termination and withdrawal liability. Selected issues concerning benefit rights and discrimination including downsizing, interference with protected rights, and age and disability discrimination; selected issues involving medical benefits, including retiree health, exclusions from coverage, and managed care.

Employment Discrimination Cr. 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 Cr. 3

Current topics in employment relations that fall outside the system of collective bargaining, including: regulation of employment termination; privacy rights on the job (including hiring questionnaire, disclosure of personnel information, searches and seizures, drug testing, electronic monitoring); employment relations of independent contractors and home workers; employee representation on board of directors; employee-owned businesses. Problems relating to invention agreements and covenants not to compete also may be considered.

Energy, Economics and the Environment Cr. 2

This course explores the legal and economic basis for the regulation of the energy markets. It will provide a brief overview of the history of the regulation of electricity, gas, generation and transmission. The course will describe the role of the Federal Energy Regulatory Commission, Regional Transmission Organizations and state public utility commissions on regulating energy costs. The materials will explore the policy issues associated with deregulation of the energy industry and specifically review New Jersey’s experience with deregulation. The materials will cover such issues as rate regulation, siting of liquid natural gas facilities, pipelines and new transmission lines, physical and financial hedging and policies that encourage new generation

Entertainment Contract Drafting & Negotiation Cr. 2

Prerequisite: Either Entertainment Law & Business or Law of the Entertainment Industry.

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.

Entertainment Law & Business Cr. 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 Cr. 3

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.

Estate Planning Cr. 2

Prerequisite: Federal Income Tax. Trust & Estates is highly recommended.

The estate tax is on track to end in 2009. Although there is some thought that it will return in 2011, that result is far from assured. Even if it remains, the portion of the population subject to it will be minuscule -- far less than one percent. Most estate planning will address a world where the estate tax either does not exist or can be avoided. Class will open with problems surrounding the initial engagement and documents used in estate planning. It will then consider the elements of the gift tax (which is not scheduled to be repealed). The key element in estate planning is frequently valuation of property, and the legal vehicles and rules surrounding valuation -- but not the valuation process itself -- will be discussed. Valuation vehicles are the key to avoiding the estate tax even if it continues. They are also key in circumstances where the gift tax may arise. The so-called carryover basis regime that will accompany estate tax repeal will be considered, and dispositive instruments for the typical two-person married household (more than 80 percent of all decedents) will be emphasized. 

Evidence Cr. 4

Prepares the student to use rules of evidence in the preparation and trial of civil and criminal litigation. Using the New Jersey and Federal Rules of Evidence as a framework, the traditional categories (relevance, hearsay, impeachment, writings, experts, privileges, etc.) are examined with the objective of training students to understand the rationale behind all evidence rules so that they can reason about and use all rules of evidence with maximum effectiveness.

Fact Investigation Cr. 3

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 Cr. 3 or 4

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 4-credit version of this course will include a greater focus on the relationship between parents, children, and the state.

Federal Courts Cr. 4 and Federal Jurisdiction (3)

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. Analysis 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 Taxation Cr. 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 Cr. 3

Prerequisite: Federal Income Taxation. 

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.

First Amendment & Free Expression Cr. 2

Liberty of speech, thought, and association are the first and greatest of American fundamental rights. This seminar explores the rights of freedom of speech and freedom of association in a variety of contexts. The issues covered include political and "seditious" speech, political protest, artistic expression, associational rights (including those pertaining to personal relationships, such as same sex unions), political expenditures and contributions as a form of speech, defamation and press freedom, obscene speech and pornography (and more generally sexual expression in the media), hate speech, and Internet content regulation.

Foreign, Comparative, and International Legal Research Cr. 1

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.

Health Care Law I Cr. 2

An introduction to the basic tenets of health law, this course will cover fundamental legal principles, laws, regulations, and issues facing health care lawyers, with a focus on health system structure, accreditation, licensing, as well as emphasis on regulatory aspects of the discipline including Medicare fraud and abuse laws, Stark laws, and other federal and state laws. Students who take this course will develop a basic understanding of the practice of health law and the fundamental principles thereof.

Health Care Law II Cr. 2

Health law is a specialized and complex field of law that is constantly evolving. Health Care Law II will focus more in depth on the fraud and abuse statutes by examining cases involving the False Claims Act, Civil Monetary Penalties, and the anti-kickback statute. Additionally, a review of some of the Office of Inspector General's advisory opinions and the process involved therewith will be examined. The course will also focus on health care compliance, including a review of the United States Sentencing Guidelines and health care organizations that have been subject to corporate integrity agreements or deferred prosecution agreements for compliance program failures. Students will gain a heightened sensitivity to the interplay between compliance and fraud/abuse issues and learn how effective compliance serves to combat fraud and abuse in the health care industry. Collectively, the topics Health Care Law II will cover will enable the students to recognize potential issues that may raise a red flag in the health care industry and how to counsel health care clients effectively in the area of fraud and abuse. Today, in part, because of the dramatic changes in the delivery and regulation of health care services, the practice of health law embraces broader and more complicated legal subject matter.

This course is open to all students, even if they have not taken Health Care Law I, which offers a thorough grounding in health law basics.

History of the Common Law Cr. 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 Cr. 3

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.

Immigration & Naturalization Law Cr. 2

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.

International Alternative Dispute Resolution Cr. 2

This course will explore the distinctive fora, processes, and law governing alternative dispute resolution in the international context, by examining the entire dispute resolution process from beginning to end, i.e., from the drafting of alternative dispute resolution clauses to the enforcement of awards or settlements. The course will focus on these issues in the commercial context.

International Business Law: Trade, Labor and Human Rights Cr. 3

This course is given through Rutgers Business School - Newark. This course will explore the intersection of international business and economic regulation with labor and human rights. Some of the questions that we will address include: How do we enforce labor rights in a global economy? What is the relationship between foreign direct investment, liberalization of trade, and respect for human rights? Should the international trading system allow for linkages between trading privileges and human and labor rights enforcement? Does corporate law in different jurisdictions adequately provide for representation and protection of non-shareholder stakeholder interests? How do different regimes regulate labor relations and protect workers rights? How legitimate and effective are self-regulatory regimes that use voluntary codes of conduct to police supply chains and corporate activity? Are there institutions and models used in international business law, such as commercial arbitration, that might be utilized in the human and labor rights arena? Are "core labor rights" as defined by the ILO such as freedom of association truly universal, or useful, concepts? What is the business and human rights movement and for what does it advocate?

In exploring these and other questions, we will study basic concepts of international business and human rights law such as international trade law, corporate governance, comparative and international labor law, the UN system, and the International Financial Institutions. Although primarily using a legal methodology, this course will be interdisciplinary and will be of interest to students of business, law, global affairs, and other academic disciplines.

International Business Transactions Cr. 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 Environmental Law & Sustainable Development Cr. 3

An interdepartmental course offered by the law school and the business school that examines combining business and legal measures to make nature conservation more profitable and effective in developing nations and to make environmentally destructive practices comparatively less profitable. Focuses on topics raised by economic incentive strategies for promoting international environmental protection. These include the integration of sustainable development and conservation programs, creation of start-up businesses in poor countries linked to new conservation commitments, intensive eco-marketing of the resulting products and services in wealthy developed nations, and using information disclosure mandates and other legal mechanisms in consumer nations to reduce the value of goods produced in an ecologically harmful manner. Also, overcoming legal and political barriers to international trade in conservation-compatible goods.

International Finance Cr. 3

This course will explore how the law operates in global financial markets and how financial globalization is transforming the law. In 1970, 90% of international transactions represented trade in goods and services. Today, up to 90% of international transactions reflect movement of capital unrelated to trade. The course will review national and international legal regimes that make up the infrastructure for international financial transactions, and will examine the adequacy of this regime to meet the challenge of financial globalization. Topics include international banking and securities markets, international financial institutions, currency regimes, risk management, financial crises, and financing for development.

International Law & a Just World Order Cr. 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 Tax Cr. 3

Prerequisite: Federal Income Taxation.

This course deals with U.S. taxation of income from international transactions. We will examine U.S. income taxation of foreign persons and of foreign-source income derived by U.S. persons. Topics to be addressed include: operation of the foreign tax credit and of U.S. income tax treaties; the new definitions of U.S. residency under the Tax Reform Act of 1984; U.S. taxation of foreign investment in U.S. real estate; deferral of U.S. tax on income derived by foreign subsidiaries of U.S. companies; and U.S. tax consequences of differing methods of conducting international business transactions.

International Trade Regulation Cr. 3

This course introduces students to the principal legal, business, and policy aspects of international trade, with a strong focus on United States trade law within the context of the WTO-GATT Agreements. The course will generally explore "globalization," in terms of the forms of international business penetration, income determinations, country classifications, and principles of sovereignty. The individual topics covered will include: 1) the foundations of International Trade Law, 2) international legal structures such as the World Trade Organization ("WTO"), General Agreement of Tariffs and Trade ("GATT"), and the North American Free Trade Alliance ("NAFTA"), 3) the intersection of international trade and domestic standards, 4) Antidumping and Countervailing Duty law, 5) unilateral United States retaliation against foreign practices under "Section 301" of the U.S. trade statutes, and 6) trade in the context of intellectual property rights.

Internet Law Cr. 2

The explosive growth of the Internet as a medium for commerce and communications poses novel legal challenges. Addresses issues that must be considered when transacting business, offering services, or merely using the Internet. Covers electronic commerce, intellectual property protection, state process and regulations, contracts, privacy, torts, taxation, speech, crime, security regulations, advertising, and jurisdiction, among other issues.

Internet Legal Policy -- Emerging Law and Policy Cr. 2

This course will examine the claim that the Internet is different from matter addressed by traditional law and the statutory policy implications of this claim. Focusing on Internet communication, entertainment, and commerce, the class will address the following legal questions: Is Internet something so substantially new that it requires changing traditional laws or legal procedures? Can existing telecommunications laws, publishing laws, and broadcasting laws properly govern Internet transactions? What legal policy and procedures should be alternated to facilitate the governance of Internet transactions and yield acceptable results when Internet difficulties arise? Which special Internet legal difficulties might be best addressed through reforms in statutes? This course will cover novel legal and legislative policy issues associated with the news media and entertainment businesses, wrought by the Internet. Key doctrinal areas of inquiry include intellectual property, the First Amendment, defamation, and privacy.

Neither Internet Law or E-Commerce are prerequisites for this course. However, taking one or the other before taking this course is recommended. Needless to say, this course does not duplicate either Internet Law or e-Commerce.

Islamic Jurisprudence Cr. 2

This course introduces the student to the history, sources, and methodology of Islamic Law and Jurisprudence (The Shari'a). The student will gain a basic familiarity with the four primary sources of the Shari'a: The Holy Qu'ran, the Sunnah (precedent) of the Prophet Muhammad, the Doctrine of Ijma' (Consensus), and Qiyas (methods of analogical reasoning used by Islamic jurists). The course will be divided into two parts. In Part I, students study the history, theory, and sources of Islamic jurisprudence. Part II comprises Islamic family law, with specific reference to Islamic family law in American courts.

Jewish Law Cr. 2

Covers the evolution and development of Jewish Law from Biblical to Talmudic to post-Talmudic to current times. Included among the various categories of law are torts, real estate, criminal law, and commercial contracts. The course addresses the judiciary and the legislative and other rule-making systems. The course culminates in an intensive study of personal property. No prior knowledge of Judaism or Hebrew is necessary.

Jurisprudence Cr. 3

The topics covered include: natural law, positivism, legal realism, law and economics, critical legal studies, law and literature, critical race theory, gay rights, postmodern legal theories, lawyering, and jurisprudence.

Jurisprudence: Human Rights & Animal Rights Cr. 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 Law Cr. 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 Cr. 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.

Land Use Controls Cr. 3

An analysis of various legal controls which are available to carry out planning policy, with special emphasis on the relationship between implementing various planning goals and the basic principles of constitutional law. Review of the legal problems involved in zoning ordinances and in various types of housing and redevelopment legislation. Special attention given to the implications of such controls for civil liberties and basic democratic values. Current land use problems, including Mount Laurel.

Law & Economics Cr. 3

An introduction to the central concepts of "law and economics," including alternative notions of efficiency, rational choice and public choice theory, the Coase theorem, transaction and administrative costs, the impact of public and private regulation on individual behavioral choice, and the application of these concepts to various aspects of the legal system, including: the choices between statutory and common law, rules and standards, property and liability rules, and strict liability and negligence; the determination of damages for breach of contract; and the rules of legal procedure. Some attention will also be paid to the moral, ethical, and philosophical criticisms often made of the economic approach to law. A prior acquaintance with economics is neither assumed nor required.

Law & Mass Communications Cr. 2

This course explores the law that impacts upon the publication and broadcast of news and related content by traditional media, primarily newspapers, magazines, radio, and television. The course covers defamation, privacy causes of action and related news-gathering torts, journalist's access to government information and government proceedings, reporters' privilege to protect confidential sources and material, broadcast regulation, and the impact of new technologies on media law. Some emphasis is placed on the problems of developing a coherent theory of "freedom of the press" in the context of the media today.

Law & the Humanities I and II Cr. 2

Books may differ in two courses. 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. Our course will be concerned primarily with fiction, albeit other domains -- painting, fil, 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.

(The) Law of Democracy: Elections and the Political Process Cr. 3

Provides a comprehensive overview of the political process, and examines the most significant contemporary legal and constitutional issues affecting federal and state elections. The course will cover rights of access to the political process, voting rights, group-based disenfranchisement, as well as structural issues such as campaign finance regulation, redistricting (generally, as well as partisan and race-based redistricting), the role of political parties and Bush v. Gore. The course also will touch on critical aspects of New Jersey's election law including the nomination process, reporting of campaign contributions and expenditures, pay-to-play, public financing of campaigns and other significant topics.

Law of Military Service and Armed Conflict Cr. 3

An introductory overview of a broad range of military legal issues, beginning with constitutional and statutory issues affecting the individual soldier or civilian, and progressing through international conventions and customs regulating the use of force. The course begins with a review of the Uniform Code of Military Justice and related judicial and adjudicatory issues, and concludes with a study of international conventions and procedures, with a particular view of their application to recent world events.

Law of the Entertainment Industry Cr. 3

Course not open to students who have taken Entertainment Law & Business.

This course will review and discuss the relevant law and business structures in the entertainment industry. The study will encompass case law, statutory law, rules, regulations, and business practices specific to the fields of music, motion picture, print publication, television, and live theater. The topics discussed will range from First Amendment, privacy and publicity rights, to contract issues, new technologies, and the role of labor unions and intellectual property laws. With entertainment serving as the number one export of the U.S., global implications and applicable laws of other countries will also be reviewed and discussed.

Legal Accounting Cr. 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 Profession Cr. 2

Course not open to students who have taken Professional Responsibility.

An introduction to the lawyer's role and the law governing it, including such subjects as confidentiality, conflicts of interest, the limits of advocacy, lawyer fees, delivery of legal services, malpractice liability, and client misconduct. The course will focus on a series of problems, which will be explored in the light of professional rules, readings, and personal choices.

Legislation Cr. 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.

Legislative Drafting Cr. 2

The course will focus upon the study of statutes generally, with a goal of developing facility in reading and understanding statutes as well as writing them. We will examine the sources from which statutes are often derived, the different kinds of statutes (i.e., criminal, civil, administrative, etc.), current styles in statutory writing, and the parts of a statute and their functions. Students will attempt to write a statute on a subject that presents difficult problems in order to explore the kinds of issue that must be addressed in statutory drafting.

Leiden Study Abroad Cr. 11

This registration is for students enrolled in the cooperative study abroad program at Leiden University, the Netherlands.

Mass Tort Litigation Cr. 2

This course on Aggregate Litigation will provide an overview of the unique issues associated with Mass Tort Litigation. Matters to be addressed include procedural and substantive laws affecting such cases, including class certification, federalism, bankruptcy, evidence, and civil procedure.  Materials used in the course will include scholarly articles and other background materials as well as both Federal and state decisions in high profile cases involving: Medical Devices and Pharmaceuticals (Fen-Phen, Vioxx, and hip replacements); Consumer Products (tobacco, credit cards, and baby strollers); Environmental Harms (Ayers, Paoli, Mejckrech); and Financial Fraud (Lincoln Savings, Enron, and First Jersey Securities). We will reflect upon the societal forces which motivated Congress and many state legislatures to act and/or react to Aggregate Litigation within the last 20 years. Finally, the course will tackle the difficult ethical duties involved in Aggregate Litigation involving the courts, lawyers, dispute resolvers, litigants, objectors, public interest and trade groups, politicians and the press.

Matrimonial Litigation Cr. 2

Prerequisite: Family Law.  

This course aims at familiarizing the students with matrimonial litigation practice. Specifically, the students will learn all procedural aspects associated with the commencement of a divorce action and the related pre-trial motion practice necessary to prepare a divorce action for trial. The students will then be taught substantive law in four key areas of New Jersey family practice litigation: equitable distribution, custody, alimony and child support, and attorney's fees. Finally, each student will be given an opportunity to draft and argue before a New Jersey Superior Court Judge three distinct motions: an application for pendente lite relief, one to enforce court ordered obligations, and an in limine application to address trial related issues.

Mediation Cr. 2 or 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, 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.

This course t 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 required.

This course will examine various ways in which American law responds to the existence of mental illness. Readings and discussions will explore such matters as privacy and the psychiatrist/patient privilege, the psychiatrist's duty to warn potential victims of a patient's violent impulses, a patient's right to refuse medication, the standard for confining those mentally ill individuals who are "dangerous" in mental institutions, and the implications of mental illness for crime and punishment, including such issues as the insanity defense and competency to be executed.

Mergers & Acquisitions Cr. 2

This course will examine various issues that arise in the merger and acquisition context. Focus is on public companies. Considers the legal responsibilities of directors with respect to takeover proposals. Looks at various types of takeover defenses, including staggered boards and "poison pills," as well as the tactical and legal considerations behind their use. Analyzes the key components of acquisition agreements against the background of relevant case law, including "no shop" clauses, lockups and material adverse change provisions. Reviews alternative forms of business combinations and different kinds of consideration, and considers the implication of these options on the structure of the deal.

Municipal Corporations Cr. 2

This course considers 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. 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, will also be considered.

National Security Law Cr. 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.

Negotiations Cr. 3

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 will pay attention to both. Students will participate in and critique several simulated negotiation exercises, drawn from varied aspects of legal practice. The course will also survey 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 required.

New Jersey Practice Cr. 3

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 Cr. 2

This course examines the 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.

Patent Claim Drafting Cr. 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 will cover 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 will be given a number of claim drafting homework exercises focusing on simple inventions that persons from any technical discipline should be able to understand, and will receive individualized feedback on their claims. 

Patent Law Cr. 4

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.

Patent Litigation Cr. 2

Prerequisite: Patent Law.

This course will review the major events and issues in a typical patent-infringement litigation, beginning with the filing of a complaint and answer, and ending with an appeal to the Court of Appeals for the Federal Circuit. The topics to be covered include pleading requirements (both as to infringement and defenses), discovery (fact and expert), patent-claim construction (a so-called Markman hearing), and motions for summary judgment (validity, infringement and enforceability). The practical application of key patent law and procedural law concepts will be explored through discussion of key Federal Circuit and Supreme Court decisions, as well as through the drafting of briefs and arguing motions in class.

Pharmaceutical Patent Law Cr. 2

This course is open to students who either: (a) have completed Patent Law; (b) have completed Copyright and Trademark or Business Torts and Intellectual Property and are simultaneously enrolled in Patent Law; or (c) have taken the Patent Bar or are former Patent Examiners.

Compared with other types of companies, pharmaceutical/life science companies face unique challenges in bringing their new products (drugs) to market, and protecting them once they reach the market, due in large part to the convergence of patent, FDA and antitrust laws. This course will study the various statutory and regulatory regimes in play, focusing on real-world problems confronting the industry. Topics include patent litigation between innovators and generics, settlements and antitrust scrutiny; generic biologics; patent prosecution and transactional issues; the branded and generic drug approval processes; and Orange Book listing requirements and strategies. 

Political & Corporate Corruption Law Cr. 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.

Poverty Law Cr. 3

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.

Products Liability Cr. 3

This course examines and analyzes the origins and current role of products liability law in American society. We will discuss current trends in products liability law in Congress and the courts. Additionally, we will focus 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. We will also consider 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.

Professional Responsibility Cr. 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 will consider 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 and the Law Cr. 2

This course will examine American structures, conceptions, and legal issues involving race and racism. It will review how the law has been used to apportion power among groups in American society. The first half of the course will review how that power has been used to privilege some and marginalize and/or oppress others (and will include examination of the unique experiences of African-Americans, Native Americans, Latinos, Asian-Americans, and Arab-Americans). The second will focus on how the law has been used to alter this distribution of power and protect those who are marginalized and/or oppressed (by surveying legal doctrine regarding equality of educational opportunities, voting rights, language rights, employment and housing discrimination, and hate speech and hate crimes, among other issues). The course will conclude with a consideration of future and emerging issues.

Real Estate Transactions Cr. 3

A survey course encompassing typical residential and commercial transactions, title assurances, and financing techniques.

Rutgers Teaching Associate Cr. 2 or 3

This enterprise provides an opportunity for students who are selected to participate as teaching associates for Legal Research & Writing I and II. Students receive 2 credits for assisting with Legal Research and Writing I and 3 credits for Legal Research and Writing II.

Secured Transactions Cr. 3

Course not open to students who have taken Debtor-Creditor Law.

We will examine legal and commercial relationships in secured financing, focusing on the interests of borrowers, lenders, and others in personal property used as collateral. We will cover topics including creation and perfections of security interests, priority among conflicting interests, and enforcement of contract rights under Uniform Commercial Code Article 9.

Securities Litigation Cr. 2

Securities fraud litigation has seen significant legal developments in recent years, including a number of high profile cases. This course provides an introduction to the law of securities litigation. Issues covered will include securities fraud litigation under Section 10(b) of the Securities Exchange Act and Rule 10b-5; Securities Act claims under Sections 11 and 12(a)(2); tender of offer fraud; and proxy fraud. Procedural issues that arise in the class action context will also be included in this analysis. In addition, we will study the enforcement role of the Securities and Exchange Commission and certain issues that arise in criminal law cases. Recent statutory developments, including the Sarbanes Oxley Act, will also be covered. The course will involve analysis of securities litigation with an emphasis on the practitioner's role.

Securities & Market Regulation Cr. 4

Prerequisite: Business Associations.

This course analyzes the series of statutes collectively referred to as the federal securities laws and examine 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 Cr. 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.

Social Security Law Cr. 2 (online course)

This course covers issues of entitlement and benefit calculation arising out of the set of programs popularly referred to as Social Security. The law of these programs touches the lives of well over 90 percent of all persons living or working in the United States and provides critical income to those who have retired or ceased working due to severe physical or mental disability and members of their families. Both individual and collectively the amounts are very large. For a majority of those receiving Social Security, the benefits represent at least half their total income. Total payments amount to more than $380 billion a year. The law directing these payments and setting their amount is complex. Questions about proper application of this law are raised in thousands of administrative hearings and federal court proceedings each year. Learning about that law is important, however, not only to those who must resolve questions of Social Security law as judges or who represent individuals and families seeking social Security benefits, but to all individuals, family members, and organizations seeking a clearer understanding of how this program affects their lives and plans. Since these benefits are so important to individuals at critical points in their lives, knowing under what circumstances Social Security benefits are available and how much they will be is essential for effective financial planning. Decisions about when to retire, how much to save and in what form, and even whether to marry or divorce should in many cases involve consideration of Social Security.

All instruction, including course discussions,  take place via the Internet in cooperation with Cornell Law School. All course materials will be on the web. Background and introductory material, points about the readings, problems, and the opening portion of class discussion will all be presented using web-linked streaming audio. Web-based tutorials and exercises tightly integrated with the readings and presentations will provide a regular means for each student to gauge the level of his or her understanding of each topic in preparation for class discussion. Class discussions will take place using written exchange within a web conference environment.

State and Local Taxation Cr. 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. The 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.

State Constitutional Law Cr. 2

A basic introduction to state constitutional law in the United States -- a subject of increasing importance under current federalism jurisprudence -- with some special attention paid to the constitutional law of New Jersey.

Tax Policy Cr. 3

Prerequisite: Federal Income Taxation.

This course will address major issues in tax policy. In part, the subjects will depend on political developments, but we will consider alternatives to the current income tax as well as several issues that remain of concern in the current income tax. These will include corporate tax shelters, the preference for capital gains, complexity in the law, behavior of the Internal Revenue Service, and perhaps some issues in state taxation. If then being considered legislatively, transfer taxes may be considered. 

Toxic Torts & Toxic Substances Regulation Cr. 3

Toxic substances present some of the most fascinating and difficult problems in tort litigation and environmental and health regulation. The harmful effects of toxic exposures may not appear until years or decades after initial exposures; thousands or millions of people may be exposed before the dangers become known, creating the prospect of multi-billion-dollar torts litigation; people are exposed to many chemicals and drugs in their lives, often making it hard to establish causal connections with specific exposures; scientific uncertainty is widespread, forcing the tort law and regulatory systems to deal with serious credibility and reliability issues; hundreds of chemicals and drugs do not receive adequate testing before they are marketed; and when a "foreseeability" test is imposed in toxic torts litigation, this requires very expensive evidentiary proceedings about "who knew what when" over a long period of time. This course provides a comparative introduction to toxic torts and regulation. We will consider how these two imperfect legal institutions deal with characteristic problems of toxic exposures and toxic effects, and we will also evaluate these institutions from legal policy and social policy perspectives.

Transnational Litigation & Dispute Resolution Cr. 2 or 3

Procedural, strategic, and substantive legal issues that are most likely to confront the American lawyer in handling the resolution of disputes that transcend national borders. Topics explored include: the gathering of evidence, privileges and immunities, enforcement of judgments and awards, jurisdiction and access to judicial systems, and the extraterritorial application of domestic laws.

Treaty Regimes: Negotiation and Implementation Cr. 2

Examines negotiation and implementation of the UN Framework Convention on Climate Change (UNFCCC), the Nuclear Non-Proliferation Treaty (NPT), and related instruments like the Kyoto Protocol, the Additional Protocol to Safeguards Agreements, the Comprehensive Test Ban Treaty, and nuclear arms reduction agreements. Topics include what makes treaty regimes work or fail; compliance and enforcement; the nature of the obligation to negotiate further agreements under the UNFCCC and the NPT; the dynamics of negotiations; and the efficacy of treaty regimes compared to other approaches. Some comparison to other treaty regimes like those on ozone depletion and chemical weapons.

Trial Presentation Cr. 2 or 3

Prerequisite: Evidence.

Practice in preparing for and conducting trials, including development of trial strategy, opening statements and summations, the making of a trial record, direct and cross-examination of witnesses, and preparation and introduction of exhibits. Intensive classroom exercises will culminate in simulated bench trials, in which students will participate as members of trial teams. In connection with these trials, participant trial teams will be expected to submit trial memoranda of approximately10-20 pages in length. Each case can be tried in approximately 4-5 hours and each is conducted in one trial day, thereby simulating an actual trial schedule.

Trusts and Estates Cr. 4

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.

UPPER-CLASS SEMINARS

Seminars listed are those that have been offered in the past few years and are likely to be offered again. Seminar offerings change frequently in response to the research activity of individual faculty members and student interest. Prerequisites for individual seminars may be announced by the instructor at the time of registration.

Advanced Legal Research Seminar Cr. 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 are examined.

Advanced Topics in Criminal Law Seminar Cr. 2

This seminar will examine a range of selected issues dealt with only in passing, if at all, in the first-year Criminal Law course. The overarching purpose of the course will be to explore the moral concepts that underlie the substantive criminal law, particularly those of harm, culpability, and wrongfulness. We will deal with issues involving both the "general part" of the criminal law (the part that deals with general rules and principles that apply to some or all of the range of criminal offenses) and its "special part" (the part that identifies and defines the specific offenses that are subject to criminal sanctions). Among the topics dealt with will be the nature and purposes of punishment, the act requirement, omission liability, causation, legality, complicity, inchoate liability, justification, excuse, the codification of criminal law, and various specific offenses such as homicide, rape, and theft.

Advanced Mediation Seminar Cr. 2

This seminar addresses a variety of current issues in the practice of mediation. Topics include ethnicity, gender and power in mediation, the scope of confidentiality, the establishment and enforcement of ethical standards, mediation in the community, the role and practice of lawyers in mediation, the use of apology in mediation, the different settings in which mediation can take place, techniques of effective mediation, and mediation and justice. Additional topics are selected during the seminar. Students will be expected to conduct independent research on selected topics, report to the seminar, and write a paper on their research. With permission of the instructor, students may conduct empirical research, or may participate in mediation and use their experience, together with other research, as a basis for analysis.

Animal Rights & the Law Seminar Cr. 2

This seminar will focus on four areas. First, we will survey philosophical and historical materials concerning the status of nonhuman animals. Second, we will consider the legal status of animals as property. Third, we will consider the differences between the concepts of "animal rights" and "animal welfare." Fourth, we will discuss the relationship between the animal rights movement and other social justice movements. Students will be required to do a paper on a topic of their choice (in consultation with the instructors).

Art Law Seminar Cr. 2

This seminar will examine how the law shapes, contours and constrains both the visual arts and artists. Emphasis will be given to issues such as copyright protection for artists; the moral and economic rights of artists; censorship and First Amendment rights of artists; artists’ business relationships; public support for art and the display of art in public places; preservation of art and cultural property; stolen art and forgeries; the international movement of art, repatriation of cultural objects and the illicit international trade in art; and the role of museums in society. In addition to casebook readings and weekly discussions, the class will consider contemporary art controversies as a means of examining these broader issues. Students will participate in a field trip to a local museum or listen to a panel presentation by local gallery owners and museum curators. Requirements for all students include: class participation, an “op-ed” column on an assigned topic to be debated in class, and a research paper. Class size will be limited to 20 students.

Banking Law