JD Intellectual Property Law Concentration   

J.D. Program: Intellectual Property Law Concentration

The Intellectual Property Law Concentration comprises of four tracks:

  1. Intellectual Property Law Track
  2. Technology Law and Business Track
  3. Privacy and Security Law Track
  4. Entertainment and New Media Law Track

 

A student seeking to complete the Intellectual Property Concentration should select one of these tracks and meet with a Concentration advisor. The Concentration’s advisors are Professor Gaia Bernstein and Professor David Opderbeck – co-directors of the Gibbons Institute of Law, Science and Technology.

All interested students in the Intellectual Property Law Concentration should submit a Concentration Declaration Form.

Note: Students may not apply courses taken Pass/D or Fail toward the Concentration credit requirement.


Intellectual Property Law Track

As new technologies constantly enter the market, an important part of our economy is comprised from intangible assets. Lawyers are called upon to create, contractually protect and litigate these assets, including copyrights, patents, trademarks and trade secrets. This track is designed to provide the training for students seeking to gain a comprehensive foundation in intellectual property law and pursue a practice in this field.

The Intellectual Property Law Track requires a student to take a minimum of 13 credits comprised of the following:

Required Courses | 9 Credits (Take 3 of the 4 required courses)

Number Name Credit Type Offering

INDL7301

Intellectual Property

This course will survey the basic doctrines of intellectual property (“IP”) law, including patent, trademark, and copyright law.  We will also briefly look at state law doctrines focusing on trade secrets.  The course is intended both for those who intend to practice in an IP field and for those with a more general interest in the topic.  Given the interrelations and analogies among IP rights, any specialized IP practitioner should have a working knowledge of IP areas outside his or her area of expertise.  Since most lawyers’ business models depend on the commodification of information, any practitioner would benefit from an understanding of this field.



3

Lecture

in-class

INDL8301

Copyright Law

This course introduces students to the basic concepts and doctrines of copyright law. Topics covered include:

  1. Foundational principles of copyright law

  2. Copyright in special issues, such as software, architecture, and databases

  3. Derivative works, work for hire, and joint authorship

  4. The doctrine of fair use

  5. Copyright issues raised by new technologies that facilitate copying

  6. Digital works and information technologies



3

Lecture

in-class/online

INDL8302

Trademark and Unfair Competition

This course explores common law and statutory protection of ideas, trade secrets, and trademarks. Topics covered include:

  1. Acquisition and loss of trademark rights

  2. Registration and licensing

  3. Problems of infringement, dilution, and misappropriation of trademarks

  4. Fair use and Internet use of trademarks and related remedies



3

Lecture

in-class/online

INDL8303

Patent Law

This course undertakes an intensive examination of the nature of patents and questions of patent validity and procurement, primarily for those intending to specialize in the patent area in their future practice. It includes: nature of patent property; problems in the procurement of patents including filing date, obtention and maintenance; international practice and problems; patent office practice; problems of validity including novelty, utility and non-obviousness; and transfers of property rights in patents.



3

Lecture

in-class

 

Advanced Writing Requirement (“AWR”) | 3 Credits

A paper that satisfies the Advanced Writing Requirement (“AWR”). The paper can be completed through (i) an AWR seminar; (ii) independent study or; (iii) a journal note on an approved topic (however, the journal would not count toward the Track’s credit).

Electives

  1. Any course listed under Intellectual Property courses
  2. Other qualifying courses are:

 

Number Name Credit Type Offering

HLTH7518

Health Privacy

As our health information is being digitized and stored in electronic records, this transformation poses novel challenges for the laws designed to protect the privacy and security of our personal health information. This class will provide students with a substantive overview and analysis of the laws that directly govern or have an impact on health information privacy and security in the United States. The main focus of this course will be the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the foundation for federal protections of health information. Additionally, the course will examine the interplay between HIPAA and other federal and state health privacy laws and the application and enforcement of those laws in a variety of health care settings.



2/3

Lecture

in-class

INDL7312

Law and Genetics

Rapid advances in genetics are having extensive effects on our life both within and outside the medical arena. This course will examine the legal transformations taking place in a broad range of legal fields to accommodate these technological innovations. Among the topics to be examined in this course are: (1) genetic testing in the clinical scenario, such as duty to warn issues; (2) Privacy and discrimination related to collection of information by insurers and employers and by the government; (3) Commercialization of genetic research, focusing on gene patents; and (4) Use of genetic information in the courtroom.



2

Lecture

in-class

PUBG7801

Administrative Law

This course studies the theory of administrative actions; administrative process; agency organization; determination and promulgation of the administrative regulations; right to notice and hearing; enforcement; judicial review; standing; and the Administrative Procedure Act.



3

Lecture

in-class

PUBG8801

Antitrust

This course studies legal protection of the competitive system under the Sherman Act, Clayton Act, Federal Trade Commission Act and related legislation. It considers problems relating to monopoly power; "horizontal" restraints on competition such as price fixing and concerted refusals to deal; "vertical" restraints such as resale price maintenance, tying and exclusive dealing arrangements; and limitations on permissible mergers and joint ventures. It explores economic as well as legal implications of federal government regulation of corporations.



NOTE: Students cannot apply both Antitrust (PUBG8801) and Health Care Antitrust (HLTH9513) towards degree requirements.

2

Lecture

in-class

 

Technology Law and Business Track

In today’s knowledge economy many business transactions involve intangible assets, including patents, trade secrets, copyrights and trademarks. People and their expertise are also regulated through non-compete and confidentiality agreements. Lawyers advise companies across the life cycle of intellectual property assets, from the start up phase of company incorporation, through commercialization and licensing of intellectual property assets, including mergers and acquisitions and public offerings and, at times, through dissolution and bankruptcy. Intellectual property assets are unique and require special expertise. This track through combining the study of intellectual property courses and corporate courses will give students the tools to pursue careers as legal counselors for a broad array of technology companies, including biotechnology companies, pharmaceutical and medical devices companies, software and hardware companies, e-commerce, Internet and media companies.

The Technology, Law and Business Track requires a student to take a minimum of 13 credits comprised of:

Required | 6 Credits
Two of the following:

Number Name Credit Type Offering

INDL7301

Intellectual Property

This course will survey the basic doctrines of intellectual property (“IP”) law, including patent, trademark, and copyright law.  We will also briefly look at state law doctrines focusing on trade secrets.  The course is intended both for those who intend to practice in an IP field and for those with a more general interest in the topic.  Given the interrelations and analogies among IP rights, any specialized IP practitioner should have a working knowledge of IP areas outside his or her area of expertise.  Since most lawyers’ business models depend on the commodification of information, any practitioner would benefit from an understanding of this field.



3

Lecture

in-class

INDL8301

Copyright Law

This course introduces students to the basic concepts and doctrines of copyright law. Topics covered include:

  1. Foundational principles of copyright law

  2. Copyright in special issues, such as software, architecture, and databases

  3. Derivative works, work for hire, and joint authorship

  4. The doctrine of fair use

  5. Copyright issues raised by new technologies that facilitate copying

  6. Digital works and information technologies



3

Lecture

in-class/online

INDL8302

Trademark and Unfair Competition

This course explores common law and statutory protection of ideas, trade secrets, and trademarks. Topics covered include:

  1. Acquisition and loss of trademark rights

  2. Registration and licensing

  3. Problems of infringement, dilution, and misappropriation of trademarks

  4. Fair use and Internet use of trademarks and related remedies



3

Lecture

in-class/online

INDL8303

Patent Law

This course undertakes an intensive examination of the nature of patents and questions of patent validity and procurement, primarily for those intending to specialize in the patent area in their future practice. It includes: nature of patent property; problems in the procurement of patents including filing date, obtention and maintenance; international practice and problems; patent office practice; problems of validity including novelty, utility and non-obviousness; and transfers of property rights in patents.



3

Lecture

in-class


At least one of the following recommended Commercial and Corporate Law courses (or any other non-required Commercial or Corporate Law course approved by the Concentration’s Advisor).

Number Name Credit Type Offering

COML8130

Bankruptcy and Creditors' Rights

This course provides a survey of remedies available to consumer and business debtors and their creditors under state law and the United States Bankruptcy Code. The course covers topics such as: enforcement of money judgments, commencement of bankruptcy cases, the automatic stay, property of the bankruptcy estate, exemptions, secured and unsecured claims, avoidance of transfers, executory contracts, distribution of property, dismissal and conversion of bankruptcy cases, and discharge of debts in bankruptcy.



4

Lecture

in-class

CORP8131

Securities Regulation

This course analyzes the statutes collectively referred to as the federal securities laws with emphasis on the Securities Act of 1933. Most of the course is devoted to a consideration of defining a security, registration of securities offerings, and exemptions from registration. Liability under the 1933 Act will also be addressed, as will registration of broker-dealers.



Prerequisite: Business Associations. Note: Students cannot apply both Securities Regulation (CORP8131) and Issues in Corporate Governance and Securities Regulation (CORP9130) towards degree requirements. 

3

Lecture

in-class

CORP8135

Mergers and Acquisitions

This course examines the Board and Shareholder actions that may be required in connection with corporate mergers, acquisitions and divestitures, as well as stock and asset purchase arrangements. The course will cover the mechanics of combination transactions from preliminary agreement to consummation, including letter of intent, due diligence, and acquisition and divestiture documents, with special emphasis on key strategic and legal issues common to the diligence, negotiation and drafting processes, including securities disclosure obligations. In addition, the class will study poison pill initiatives and other defense mechanisms used to thwart unwanted takeover attempts, including current issues in corporate governance and shareholder perspectives. The class will consider the Board's role in these transactions, as well as the Shareholder role in, among others, going private transactions. We will link transactional law matters with securities law compliance and corporate governance.



Prerequisite: Business Associations

2

Lecture

in-class

LABR8106

Employment Law

 This course develops the legal theories underlying the employment relation. It covers: employment contracts; the employment-at-will doctrine and its erosion; the basics of labor/management law; and the development of alternatives to the present structure of employment law.



This course will be graded on the basis of a final exam (75%) and a series of three exercises designed to develop skills relevant to practicing in the field.

3

Lecture

in-class

 

Advanced Writing Requirement (“AWR”) | 3 Credits

A paper that satisfies the AWR writing requirement on an approved technology, law and business topic that is completed through: (i) an intellectual property, commercial law or corporate law seminar, (ii) another AWR seminar; (iii) independent study; or (iv) a journal note (however, journal credits will not count toward the Concentration).

Electives

  1. Any course listed under Intellectual Property courses
  2. Particularly recommended Intellectual Property Licensing

 

Privacy and Security Law Track

As information technologies have transformed our everyday lives, businesses and the government use these technologies to collect vast amounts of personal information, store it and sort it to serve different goals as diverse as national security, marketing, finance and healthcare. While this data offers great opportunities, its vastness and ease of transmittal exposes individuals to privacy threats and risks of identity theft. Reports of data breaches have become a regular news item and a constant struggle for business executives.

This track gives students an opportunity immerse themselves in the emerging and highly dynamic area of privacy and security law. Legal privacy protection in the United States is comprised of an amalgamation of information specific statutes and court decisions. This track will provide students with the knowledge of broader privacy doctrines as well as an understanding of privacy laws relevant to specific industries, such as healthcare or particular areas of concern, such as cybersecurity. This track will give students the tools to pursue careers as privacy counselors in a broad array of industries and government agencies.

The Privacy and Security Law Track requires a student to take a minimum of 13 credits comprised of the following:

Required | Cybersecurity Course - 4 Credits
This is a hybrid live-online course, which includes the following units:

Number Name Credit Type Offering

INDL7330

Internet Law and Governance Foundations

Internet Law and Governance Foundations. This is the required foundational course module. It asks the questions "what is cyberspace" and "what does it mean to govern in cyberspace?" We will examine questions relating to jurisdiction, enforcement, democratic control, speech, and commerce from the early days of the Internet to the present. This study raises the basic questions addressed throughout all four modules: what is the relationship between "liberty" and "security" in cyberspace?



1

Lecture

in-class/online

INDL8340

Cybersecurity: Computer Crimes and Personal Security

This module evaluates the nature of cyber crime and the legal framework for fighting cyber crime. We will learn about common modes of cyber attack, the use of mass crime tools such as "botnets," and the role of organized crime in cyberspace. We will study the U.S. Computer Fraud and Abuse Act and related U.S. and international laws that apply to computer crimes. We will also consider threats to personal safety arising out of cyberspace, including bullying, stalking, harassment, and child pornography, and we will study the unique legal challenges involved in crafting statutes to address such conduct without unduly impinging on rights of free speech and free association.



Prerequisite: Internet Law and Governance Foundations

1

Lecture

in-class/online

INDL8341

Cybersecurity: National Security, Surveillance, and Cyber-War

This module considers the problem of cyber-terrorism, cyber-espionage, and cyber-war. The U.S. military now considers "cyber" a "fifth domain" of warfare, after land, sea, air, and space. We will consider how the laws of war and emergencies relate to cyber incidents. We will also discuss the nature of Internet surveillance of private citizens, through an in-depth review of cases and materials relating to the Federal Intelligence Surveillance Act (FISA) Court.



Internet Law and Governance Foundations

1

Lecture

in-class/online

INDL8342

Evidence, Cyber-Compliance and Cyber-Investigations

This is a skills-based module centered on the role of the lawyer or compliance officer in mitigating an organization's cyber-risks, conducting forensic investigations in the event of data breaches or other cyber incidents, and presenting evidence in court or in other legal proceedings regarding the nature and causes of a cyber incident. Students will engage in a variety of hands-on skills exercises, such as a simulated "table top" cyber-risk assessment. 



Internet Law and Governance Foundations

1

Skills

in-class/online

 

Core Course | 2 Credits
At least one of the following core courses

Number Name Credit Type Offering

HLTH7518

Health Privacy

As our health information is being digitized and stored in electronic records, this transformation poses novel challenges for the laws designed to protect the privacy and security of our personal health information. This class will provide students with a substantive overview and analysis of the laws that directly govern or have an impact on health information privacy and security in the United States. The main focus of this course will be the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the foundation for federal protections of health information. Additionally, the course will examine the interplay between HIPAA and other federal and state health privacy laws and the application and enforcement of those laws in a variety of health care settings.



2/3

Lecture

in-class

HLTH9655

Compliance Skills

This course is designed to expose students to key legal and operational concepts in the health care corporate compliance field. Students will use knowledge gained in prior mandatory coursework and participate in simulated-based projects that will require them to perform audits, investigations and reporting activities to ensure compliance with applicable federal and state laws. Through reading derived from various sources: industry articles, regulations, specific chapters of text books, government reports and materials created by content experts who will be brought in to guest lecture, students will have the opportunity to explore not only the legal facet of the compliance field but the operational reality of working as a compliance professional in the health care industry.



Course is graded High Pass, Pass, Low Pass or Fail.

Prerequisite: Health Law

2

Skills

in-class

INDL7304

Information Privacy Law

Information technology has transformed our everyday lives, but at the same time, it has profound effects on our personal privacy. A vast amount of our personal information is digitized. This includes details about our health and genes, purchasing and reading habits, chats with friends and even our physical location. Government and private companies can access, collect, store, transfer to other parties, and sometimes misuse our personal information.  U.S. law has grappled to regulate privacy through a growing amalgamation of judicial decision-making, statutes and regulations. This course will examine the regulation of privacy in the United States. But since information is not confined by national boundaries, it will also examine global privacy regulation (particularly in the European Union) and its impact on privacy regulation in the United States.



2

Lecture

in-class

PRFM7006

Torts II

The course will cover Defamation/Libel, Invasion of Privacy, Economic Harms (Business Torts), Nuisance, and Trespass to Chattel/Conversion.



2

Lecture

in-class

 

Advanced Writing Requirement (“AWR”) | 3 Credits

A paper that satisfies the AWR writing requirement completed through (i) a privacy and security AWR; (ii) another AWR on an approved privacy and security topic (iii) independent study on an approved privacy and security topic or (iv) a journal note on an approved privacy and security topic (although journal credits will not count toward the Concentration).

Electives
Any of the following courses, including Federal Trade Commission Externships (not listed below)

Number Name Credit Type Offering

COML7121

Commercial Law Survey

This important course is a survey of Articles 2, 9 and 3 of the Uniform Commercial Code. It affords students the opportunity to develop enhanced familiarity with the laws of sales and consumer transactions, and then the law of secured financing, which involves the voluntary collateralization of goods.  The course then examines related aspects of consumer and commercial bankruptcy law. It concludes with an overview of the law of negotiable instruments, also known as commercial paper.  Negotiable instruments are promissory notes and checks.  The course explores the predicates to proper transfer of negotiable instruments, the elements and benefits of holder in due course status, and liability for lost, stolen or forged checks.



Prerequisites: Contracts I and II.

3

Lecture

in-class

CRJU7401

Criminal Procedure: Investigation, Arrest and the Right to Counsel

This course analyzes legal and practical problems in the administration of criminal justice from police investigation through arrest and the commencement of formal proceedings, including: arrest; search and seizure; right to and assistance of counsel; entrapment; police interrogation and confessions; lineups, show ups and other pretrial identification procedures; grand jury investigations; and the exclusionary rule.



4

Lecture

EXTN0000

Externships

Students will be awarded 2 credits, Pass/D/Fail, provided the following requirements are fulfilled:

  1. Under current ABA and Law School requirements, students are fully eligible to receive academic credit for participation in an externship program after successful completion of 28 credits towards their JD program. Students who have successfully completed their first year of law school, but have not yet completed 28 credits of study, may still be eligible to receive academic credit for an externship, but this decision must be made on an individual basis by the Faculty Director. Specifically, ABA Standard 305(e)(6) requires that to receive academic credit for an externship, a student must have “successfully completed sufficient educational prerequisites or contemporaneously receive sufficient training to assure the quality of the student educational experience” in the externship program.
  2. There is no minimum cumulative GPA requirement for students enrolling for externships during the summer. However, there is a 2.33 minimum cumulative GPA requirement for students enrolling for most externships during either the Fall or Spring semesters. In some instances, a higher cumulative GPA may be required for some externships. Please refer to the Externship Guide on the Symplicity System. In addition, the number of credits that can be earned for externships has been raised from a max of 4 to a max of 8. However, please be aware that externship credits are included in the 15 credit limit for Legal Practice and Self-Directed Work credits which can be applied towards graduation requirements. Therefore, if you are interested in participating in a clinic, you should be careful not to overextend on externship credits. Also, please keep in mind for planning purposes that an externship and a clinic cannot be taken in the same semester.
  3. Students must attend a mandatory Externship Orientation and the mid-semester Externship meeting.
  4. A minimum of 150 hours of work performed on-site at your placement. You must keep your own time records using weekly timesheets to be signed by your supervising attorney. If you are not provided one at your externship, use this timesheet.
  5. A minimum of 20 pages of written work from the field placement. Written work must reflect substantial legal analysis and be comparable to the work of a first-year associate. This should be substantially your own work and may consist of a portfolio of numerous shorter writings. Note that this is in addition to the required reflection paper. All written work product must be redacted prior to submitting it to the Externship Administrator.
  6. Reflection on the externship experience will occur through a required total of 10 pages of written reflection, completed by the end of the semester. You should keep a journal or use the comments section on your weekly timesheets to record your progress. This will prove extremely useful when writing your reflection paper. Click here for some suggested topics to cover in your paper. Note that this paper will be taken into account in assigning your grade. It is separate from your evaluation of the experience.
  7. Timely submission and satisfactory completion of the Student Evaluation Form.
  8. You must give your supervising attorney the written Placement Supervisor Evaluation Form at the end of the externship. Your supervising attorney must send the form directly to the Externship Administrator.


Note: Both the Externship at the European Court of Justice and the DC Health Law Externship consist of more than 2 Credits

2

HLTH7520

Regulating Research with Human Subjects

This seminar explores regulatory, ethical, and compliance issues that arise for individuals and entities involved in all aspects of research involving human participants, including sponsors, researchers, research institutions, contract research organizations and institutional review boards (IRBs). Topics covered include risk-benefit assessment, informed consent, confidentiality, conflicts of interest, research with vulnerable populations, and international research.



3

Seminar

in-class

INDL7301

Intellectual Property

This course will survey the basic doctrines of intellectual property (“IP”) law, including patent, trademark, and copyright law.  We will also briefly look at state law doctrines focusing on trade secrets.  The course is intended both for those who intend to practice in an IP field and for those with a more general interest in the topic.  Given the interrelations and analogies among IP rights, any specialized IP practitioner should have a working knowledge of IP areas outside his or her area of expertise.  Since most lawyers’ business models depend on the commodification of information, any practitioner would benefit from an understanding of this field.



3

Lecture

in-class

INDL8302

Trademark and Unfair Competition

This course explores common law and statutory protection of ideas, trade secrets, and trademarks. Topics covered include:

  1. Acquisition and loss of trademark rights

  2. Registration and licensing

  3. Problems of infringement, dilution, and misappropriation of trademarks

  4. Fair use and Internet use of trademarks and related remedies



3

Lecture

in-class/online

INDL8317

Intellectual Property Licensing

The seminar will provide a comprehensive study of all aspects of Intellectual Property licensing and related issues. Students will analyze and draft various trademark, copyright, character, right of publicity/privacy, merchandizing, music, software, confidentiality, patent/technology, and new media licenses, and develop related negotiation skills and litigation strategies. The focus will be practical and will show how value can be unleashed in Intellectual Property Assets through licensing.



2

Lecture

in-class

INDL9331

Current Topics in Internet Law

This research seminar will focus on specific areas based upon individual student research topics, which may include any aspect of Internet Law, including but not limited to NSA Surveillance, Data Mining, Computer Fraud & Abuse Act, Consumer Contracts, BitCoin and other Virtual Currencies, Filtering & Site Blocking, ISP Liability for User Generated Content, Broadcast/Cable/Satellite/Internet Content Systems, and Search & Seizure of Internet Content. Classes will include overview of specific topics followed by problems and role play. 



3

Seminar

in-class

LABR8106

Employment Law

 This course develops the legal theories underlying the employment relation. It covers: employment contracts; the employment-at-will doctrine and its erosion; the basics of labor/management law; and the development of alternatives to the present structure of employment law.



This course will be graded on the basis of a final exam (75%) and a series of three exercises designed to develop skills relevant to practicing in the field.

3

Lecture

in-class

PUBG7805

National Security Law

The course will begin with an overview of the constitutional separation of national security powers, especially as between the branches of the federal government.  The course will then focus on individual topics to provide an overview of the field.  For example, the class will address issues surrounding preventive detention, military commissions, rendition, secrecy and classified information, government surveillance, and criminal law questions arising out of the "war on terrorism."



2

Lecture

in-class

PUBR7908

First Amendment, The

This course explores the rights protected by the First Amendment to the United States Constitution including freedom of speech, freedom of the press, and free exercise of religion, as well as the amendment's prohibition on laws respecting an establishment of religion. Particular topics may include categories of unprotected or less protected speech, regulations based on the non-communicative impact of speech, power regarding speech when the government acts in capacities other than as sovereign, special procedural protections for speech, the right not to speak, the right of expressive association, regulations of money and speech, the meaning of religion, discrimination against religion or among religions, enshrining or coercing religious beliefs, financial aid to religious institutions, and exemptions for religious observers.



Prerequisites: Constitutional Law or Constitutional Law I and II.

3

Lecture

in-class

 

Entertainment and New Media Law Track

The entertainment industry has expanded beyond the traditional categories of film, television, and music to encompass all facets of digital content creation and distribution. Websites, YouTube channels, video streaming services such as Netflix and Amazon, cable television providers, video game makers, and other new media companies are competing and converging with broadcast networks, major motion picture studios and recording labels in a dynamic new business, legal and regulatory environment. This track provides students with the background necessary to succeed as a legal advisor in this rapidly growing field.

The Entertainment and New Media Law Track requires a student to take a minimum of 14 credits comprised of:

Required | 8 Credits
The following required courses

Number Name Credit Type Offering

INDL7305

Entertainment Law

This course is a general survey and analysis of substantive areas of law relating to the production, distribution and exhibition of products and services in the entertainment and media industries. Areas surveyed include music, film, television, cable, publishing, legitimate stage, the online entertainment industry and the regulation of attorneys, agents and managers. It treats the creation, ownership and regulation of entertainment speech with emphasis on the first amendment, defamation, the right of privacy, the right of publicity, copyright, trademark, unfair competition, the law of ideas, moral rights, theories of credit, contract law and sources of regulation of professionals who work in the entertainment and media industry.



3

Lecture

in-class

INDL7330

Internet Law and Governance Foundations

Internet Law and Governance Foundations. This is the required foundational course module. It asks the questions "what is cyberspace" and "what does it mean to govern in cyberspace?" We will examine questions relating to jurisdiction, enforcement, democratic control, speech, and commerce from the early days of the Internet to the present. This study raises the basic questions addressed throughout all four modules: what is the relationship between "liberty" and "security" in cyberspace?



1

Lecture

in-class/online

INDL8350

New Media Law



1

Lecture

in-class/online

 

One of the following

Number Name Credit Type Offering

INDL7301

Intellectual Property

This course will survey the basic doctrines of intellectual property (“IP”) law, including patent, trademark, and copyright law.  We will also briefly look at state law doctrines focusing on trade secrets.  The course is intended both for those who intend to practice in an IP field and for those with a more general interest in the topic.  Given the interrelations and analogies among IP rights, any specialized IP practitioner should have a working knowledge of IP areas outside his or her area of expertise.  Since most lawyers’ business models depend on the commodification of information, any practitioner would benefit from an understanding of this field.



3

Lecture

in-class

INDL8301

Copyright Law

This course introduces students to the basic concepts and doctrines of copyright law. Topics covered include:

  1. Foundational principles of copyright law

  2. Copyright in special issues, such as software, architecture, and databases

  3. Derivative works, work for hire, and joint authorship

  4. The doctrine of fair use

  5. Copyright issues raised by new technologies that facilitate copying

  6. Digital works and information technologies



3

Lecture

in-class/online

 

Advanced Writing Requirement (“AWR”) | 3 Credits

A paper that satisfies the AWR writing requirement completed through (i) an entertainment and new media AWR; (ii) another AWR on an approved entertainment and new media topic; (iii) independent research on an approved entertainment and new media topic or (iii) a journal note on an entertainment and new media topic (although journal credits will not count toward the Concentration).

Electives
Any of the following courses, including Federal Trade Commission Externships (not listed below)

Number Name Credit Type Offering

CORP8131

Securities Regulation

This course analyzes the statutes collectively referred to as the federal securities laws with emphasis on the Securities Act of 1933. Most of the course is devoted to a consideration of defining a security, registration of securities offerings, and exemptions from registration. Liability under the 1933 Act will also be addressed, as will registration of broker-dealers.



Prerequisite: Business Associations. Note: Students cannot apply both Securities Regulation (CORP8131) and Issues in Corporate Governance and Securities Regulation (CORP9130) towards degree requirements. 

3

Lecture

in-class

EXTN0000

Externships

Students will be awarded 2 credits, Pass/D/Fail, provided the following requirements are fulfilled:

  1. Under current ABA and Law School requirements, students are fully eligible to receive academic credit for participation in an externship program after successful completion of 28 credits towards their JD program. Students who have successfully completed their first year of law school, but have not yet completed 28 credits of study, may still be eligible to receive academic credit for an externship, but this decision must be made on an individual basis by the Faculty Director. Specifically, ABA Standard 305(e)(6) requires that to receive academic credit for an externship, a student must have “successfully completed sufficient educational prerequisites or contemporaneously receive sufficient training to assure the quality of the student educational experience” in the externship program.
  2. There is no minimum cumulative GPA requirement for students enrolling for externships during the summer. However, there is a 2.33 minimum cumulative GPA requirement for students enrolling for most externships during either the Fall or Spring semesters. In some instances, a higher cumulative GPA may be required for some externships. Please refer to the Externship Guide on the Symplicity System. In addition, the number of credits that can be earned for externships has been raised from a max of 4 to a max of 8. However, please be aware that externship credits are included in the 15 credit limit for Legal Practice and Self-Directed Work credits which can be applied towards graduation requirements. Therefore, if you are interested in participating in a clinic, you should be careful not to overextend on externship credits. Also, please keep in mind for planning purposes that an externship and a clinic cannot be taken in the same semester.
  3. Students must attend a mandatory Externship Orientation and the mid-semester Externship meeting.
  4. A minimum of 150 hours of work performed on-site at your placement. You must keep your own time records using weekly timesheets to be signed by your supervising attorney. If you are not provided one at your externship, use this timesheet.
  5. A minimum of 20 pages of written work from the field placement. Written work must reflect substantial legal analysis and be comparable to the work of a first-year associate. This should be substantially your own work and may consist of a portfolio of numerous shorter writings. Note that this is in addition to the required reflection paper. All written work product must be redacted prior to submitting it to the Externship Administrator.
  6. Reflection on the externship experience will occur through a required total of 10 pages of written reflection, completed by the end of the semester. You should keep a journal or use the comments section on your weekly timesheets to record your progress. This will prove extremely useful when writing your reflection paper. Click here for some suggested topics to cover in your paper. Note that this paper will be taken into account in assigning your grade. It is separate from your evaluation of the experience.
  7. Timely submission and satisfactory completion of the Student Evaluation Form.
  8. You must give your supervising attorney the written Placement Supervisor Evaluation Form at the end of the externship. Your supervising attorney must send the form directly to the Externship Administrator.


Note: Both the Externship at the European Court of Justice and the DC Health Law Externship consist of more than 2 Credits

2

INDL8302

Trademark and Unfair Competition

This course explores common law and statutory protection of ideas, trade secrets, and trademarks. Topics covered include:

  1. Acquisition and loss of trademark rights

  2. Registration and licensing

  3. Problems of infringement, dilution, and misappropriation of trademarks

  4. Fair use and Internet use of trademarks and related remedies



3

Lecture

in-class/online

INDL8303

Patent Law

This course undertakes an intensive examination of the nature of patents and questions of patent validity and procurement, primarily for those intending to specialize in the patent area in their future practice. It includes: nature of patent property; problems in the procurement of patents including filing date, obtention and maintenance; international practice and problems; patent office practice; problems of validity including novelty, utility and non-obviousness; and transfers of property rights in patents.



3

Lecture

in-class

INDL8317

Intellectual Property Licensing

The seminar will provide a comprehensive study of all aspects of Intellectual Property licensing and related issues. Students will analyze and draft various trademark, copyright, character, right of publicity/privacy, merchandizing, music, software, confidentiality, patent/technology, and new media licenses, and develop related negotiation skills and litigation strategies. The focus will be practical and will show how value can be unleashed in Intellectual Property Assets through licensing.



2

Lecture

in-class

INDL9312

Entertainment Contract Negotiation and Drafting

In this seminar students develop contract negotiation and contract drafting skills through mock negotiations and contract drafting. The class will include lecture, material and practical experience, negotiation deal points, and then drafting the final contract. Contracts will be negotiated in the motion picture, theatrical, music, television and publishing fields.



Prerequisite: Entertainment Law.

2

Seminar

in-class

LABR8106

Employment Law

 This course develops the legal theories underlying the employment relation. It covers: employment contracts; the employment-at-will doctrine and its erosion; the basics of labor/management law; and the development of alternatives to the present structure of employment law.



This course will be graded on the basis of a final exam (75%) and a series of three exercises designed to develop skills relevant to practicing in the field.

3

Lecture

in-class

PUBG8801

Antitrust

This course studies legal protection of the competitive system under the Sherman Act, Clayton Act, Federal Trade Commission Act and related legislation. It considers problems relating to monopoly power; "horizontal" restraints on competition such as price fixing and concerted refusals to deal; "vertical" restraints such as resale price maintenance, tying and exclusive dealing arrangements; and limitations on permissible mergers and joint ventures. It explores economic as well as legal implications of federal government regulation of corporations.



NOTE: Students cannot apply both Antitrust (PUBG8801) and Health Care Antitrust (HLTH9513) towards degree requirements.

2

Lecture

in-class

PUBR7908

First Amendment, The

This course explores the rights protected by the First Amendment to the United States Constitution including freedom of speech, freedom of the press, and free exercise of religion, as well as the amendment's prohibition on laws respecting an establishment of religion. Particular topics may include categories of unprotected or less protected speech, regulations based on the non-communicative impact of speech, power regarding speech when the government acts in capacities other than as sovereign, special procedural protections for speech, the right not to speak, the right of expressive association, regulations of money and speech, the meaning of religion, discrimination against religion or among religions, enshrining or coercing religious beliefs, financial aid to religious institutions, and exemptions for religious observers.



Prerequisites: Constitutional Law or Constitutional Law I and II.

3

Lecture

in-class