Summer 2014 Course Offerings
Alternative Dispute Resolution (A.S. Cohen)
Prerequisite: Civil Procedure
Introduction to the range of dispute resolution techniques increasingly in use within and outside the courts, including mediation, arbitration, early neutral evaluation, and minitrials. Students are exposed to the theory and practice of these dispute resolution techniques, as well as to some of the essential building block skills, such as client counseling and negotiation.
Appellate Advocacy (Mandel)
Prerequisite: Legal Research and Writing I & II. This course will satisfy the upperclass writing requirement. Enrollment in this course is limited.
Students will be expected to research, brief and argue a current appellate issue arising out of New Jersey’s law using case and source materials not only from New Jersey but from other jurisdictions. New Jersey Rules of Appellate Procedure will apply to both written and oral presentations. Briefs must be of adequate quality. Students will be provided with a moot court record of the case (as presented, the issue will be pending before the New Jersey Superior Court, Appellate Division), will be assigned at random to represent one party or the other, and will present oral arguments in opposing pairs as a final exercise. Because class sessions will focus on developing research and oral presentation skills, class attendance is mandatory. The instructor will be available during both day and evening hours for individual consultations and review.
Community and Transactional Lawyering Clinic (Auffant and Holmes)
The Community and Transactional Lawyering Clinic, first established as the Community Law Clinic in 1996, provides corporate and transactional legal services to New Jersey nonprofit corporations (specifically those corporations that provide services geared to the needs of lower-income people in the City of Newark and nearby urban areas), start-up for-profit businesses and microenterprises, charter schools, and individuals such as artists and inventors.
The Clinic provides initial corporate organizational work (drafting corporate documents, certificates of incorporation, by-laws and organizational minutes), tax-exempt non-profit status filings, charity registration, real estate transactions, commercial transactions and counseling on choice of organizational form and capacity building with community groups and various associations. Student work also includes contract drafting and review; loan closings; equipment and facilities lease drafting and review; bankruptcy counseling; confidentiality agreements; preparation and revision of employee manuals; non-compete and non-disclosure agreements; board of directors guidance; and joint venture agreements.
The clinic is principally a non-litigation clinic, although it handles a limited number of matters which may involve some litigation such as adult guardianship matters and some oversight and assistance of the small legal staff of one of its largest non-profit, corporate clients, Covenant House of New Jersey. Students may perform some work on intellectual property matters related to their transactional clients.
Finally, the Clinic strives to advance justice and community empowerment by representing resident groups and community development corporations (CDCs) regarding urban redevelopment and planning.
Copyright & Trademark (Kettle)
Prerequisites: Contracts, Torts, and Constitutional Law
A comparative survey of the law that governs the creation and regulation of intellectual property with an emphasis on copyright and trademark law. The course will survey in detail the applicable federal statutes, state law, common law and constitutional framework that protects, promotes, and balances the varying interests of creators and inventors, manufacturers and investors, and the public at large. Class discussions will be based on cases and statutory materials that pertain to the protection of ideas and trade secrets, rights of publicity, trademarks, trade dress and service marks, copyrightable expresssion, patentable subject matter and related unfair competition.
Entertainment Law and Business (Kettle)
Prerequisites: Contracts, Property and Torts
N.B. NOT open to students who have taken Entertainment Law.
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 United States, global implications and applicable laws of other countries will also be reviewed and discussed.
Legal Research and Writing II (Bitterman and Nardone)
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 second semester.
Prerequisite: Legal Research & Writing I & II
Lawyers may negotiate more than they engage in any other single task. Arranging business deals, setting the terms of employment (both union and non-union), transferring real estate, guiding divorces, setting all kinds of civil litigation, and plea bargaining are all familiar features of lawyers’ work. Good negotiating involves both skill and understanding of what one is doing. This course pays attention to both. Students participate in and critique several simulated negotiation exercises, drawn from varied aspects of legal practice. The course also surveys key modern ideas about negotiation.
New Jersey Practice (Rothman)
Prerequisite: Civil Procedure
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.
Professional Responsibility (Rothman)
The legal profession is essentially self-regulating; lawyers have created the rules of professional conduct, and the means to enforce those rules. This course will explore what it means to be an ethical lawyer, and the responsibilities that practice of law imposes.
State and Local Taxation (Novitsky)
This course focuses on one of the most rapidly growing areas in taxation, examining the major types of taxation imposed and collected by state and local governments. The course will begin with a discussion of the constitutional constraints upon a state’s ability to tax out-of-state corporations based on the corporations’ “minimum contacts” with their state. The course will then focus on particular types of taxation, beginning with Corporate Income, Franchise, and Gross Receipts taxes. In studying such taxes, students will examine how states determine the appropriate proportion of such income taxable by a particular state, and the constraints upon such state determinations. The course will explore Sales/Use taxes, which have become a much greater percentage of corporations’ overall tax liability. Two major issues raised by such taxes are, first, identifying which receipts are taxable, and, second, determining the proper sourcing of receipts. Property taxes, including the different methods of valuing property and questions regarding which items are included in the tax base, will also be covered. Course will conclude with a brief overview of some issues related to payroll taxes. A basic familiarity with state and local taxation is important for anyone currently working in or interested in pursuing a career in taxation, and may well be helpful to students pursuing a corporate transactional practice.
Transnational Litigation & Dispute Resolution (Schroeder)
Prerequisite: Civil Procedure
This course will cover 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. Some of the topics to be 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.
NON-SCHEDULED COURSES (Open to Rutgers–Newark students only)
Note: Forms required for Independent Research, Research Assistant, LRW Teaching Associate, and Judicial Externship “soft credit” courses are available from the Deans’ Office or may be downloaded and printed, preferably using a color printer, by navigating to the respective links above.
A student who wishes to do an Independent Research project during the Summer Session 2012 must prepare an outline of the project on the application for Independent Research form. It must then be submitted to the law school professor who will be supervising the work for approval. (The professor must be a full-time member of the faculty.) After the law school professor has signed the document, it must be given to Dean Rothman, Room 176, for final approval. The signed approval slip must then be submitted to Dean Garbaccio’s office, Room 174. Permission must be secured at the time of registration. Be sure the approval slip includes the number of credits the project will be worth — 1, 2 or 3 credits are permitted for each project. Open to Rutgers–Newark students only.
A student who is going to be a Research Assistant for a faculty member during the Summer Session 2012 must complete a Research Assistant form. You are to write a short description of the research project on which you will be working. The form must be signed by the faculty member for whom you will be working and by Dean Rothman, Room 176. (The professor must be a full-time member of the faculty.) The signed approval slip must be submitted with your registration material to Dean Garbaccio’s office, Room 174. Be sure the approval slip includes the number of credits the project will be worth — 1, or 2 or 3 credits are permitted for this work. Open to Rutgers–Newark students only.
Rutgers Teaching Associate
This enterprise is open only to the teaching associates for Legal Research and Writing II to be held this summer.
General Requirements for Externships
Externships for 3 credits require approximately 15 hours of work per week during the semester, for a total of 210 hours in all over 14 weeks. Externships for 2 credits require approximately 10 hours of work per week, for a total of 140 hours over 14 weeks. (Students may work fewer weeks as long as the total hour requirements are met. Some employers require that students work a greater number of hours).
Externship students are generally required to have a grade point average of at least 2.67. Students with a lower grade point average need special permission from Assistant Dean Yvette Bravo-Weber, the General Externship Program Supervisor, Room 172.
Students are required to submit evaluation forms completed by the attorney supervising their externship at the completion of the externship. Students must request this from the Externship Program Supervisor at the law school.
Students must submit one (for students receiving 2 credits) or two (for students receiving 3 credits) examples of writing that they have done during the externship. (The writing samples must each be 3–5 pages in length. Students may also submit an equivalent number of pages of shorter writing samples).
Students must keep a journal of their externship activities. This journal should be a series of reflections, descriptions, or comments on the work being done. Each entry should be 1–2 pages in length and students must submit at least 10 journal entries upon completing the externship. The evaluation, writing samples, and journal entries should be submitted to the Externship Program Supervisor for that particular externship.
Please note: It is recommended that you apply for externships as early as possible in the preceding semester in order to maximize your chances of getting an externship.
Credits: 2 or 3
Students who wish to take a judicial externship must on their own find a judge willing to supervise them. Many judges post externships with the Career Services Office. Students have served as externs with judges of the U.S. Court of Appeals, the U.S. District Court, the U.S. Bankruptcy Court, the New Jersey Supreme Court, the New Jersey Superior Court, Appellate Division, the New Jersey Superior Court, Law Division and Chancery Division, the New Jersey Tax Court, and the Office of Administrative Law. Students who wish to serve with a judge of another court need to obtain prior permission from Dean Bravo-Weber, the Program Supervisor.
Our standards provide that judicial externship students should be assigned a progression of challenging, varied and increasingly complex legal projects associated with ongoing work in chambers. We prefer that a substantial portion of the student’s work includes legal research and legal writing, but other judicial-related work, such as participation in settlement conferences, attendance at trials, and the introduction of new management techniques in the courts, can also be included in the time spent. Students should make sure that their work assignments will generate the writing examples that they need.
Upon securing a judicial externship students must complete the Judicial Externship form (also available in Dean Garbaccio’s office, Room 170). This form must be it approved by Dean Bravo-Weber, Room 172, and returned to Dean Garbaccio. Students must also register for Judicial Externship at the time of registration, using the proper course number and title in the registration materials.
Students who have not made such arrangements by the time the registration materials are due should register for a full course load without the externship.They should then make their arrangements, obtain their approvals, and add the Judicial Externship using the Add/Drop process at the beginning of the semester.
Judicial Externship Seminar
All students who enroll in a Judicial Externship are also required to attend the Judicial Externship Seminar during the semester in which they are doing the externship, and to fulfill all seminar requirements in addition to handing in an evaluation, journal entries and writing samples. (An exception to this attendance requirement may be granted during the Summer if the student’s externship is at a distance from the law school. The student must then attend the seminar in the following Fall semester. Advanced permission from Dean Bravo-Weber is required). In the Summer the seminar will meet on Tuesdays and Thursdays at 4 pm for a limited number of weeks.
The following externships do not have a seminar component. However, students must submit writing sample(s), journal entries, and an evaluation to the Program Supervisor.
Attorney General Externships
The Division of Law’s Newark and Trenton Offices offer an externship in governmental practice. The externship will offer students an opportunity to integrate classroom course work with the practical application of concepts learned in law school. Students may not enroll in the externship program until they have been selected. Students seeking to enroll in the Attorney General Externship program should enroll for a full load without the externship. If selected for an externship, they will enroll through the procedure for adding a course. Students wishing to enroll in the Attorney General Externship Program must submit a cover letter, resume, transcript and writing sample to Dean Bravo-Weber, the Program Supervisor. (Please note: It is recommended that you submit these materials earlier in the semester as the AG’s office often makes early decisions about their externship program.) Dean Bravo-Weber will review these materials and forward them to the Attorney General’s Office. That office will interview and select the students. Once the student has accepted an externship, s/he must see Dean Bravo-Weber, Room 172 to fill out the necessary form.