Current Students

Courses by Title   

()

back to top

Accountable Care Organizations (HLTH7509)

2 credits. Lecture

The course uses an emerging health delivery and finance model to connect basic health law principles to a very practical setting.  Through health courses and otherwise, health students are exposed to the doctrine that many practicing lawyers have to apply on an everyday basis as they set up, contract with, and regulate ACOs.  These areas include antitrust, fraud and abuse regulation (civil and criminal), corporate, nonprofit tax, privacy, and malpractice/tort. Students will also work with health finance and insurance principles, and public policy principles driving the redirection of health delivery and finance.  The course will address several models of ACO, including Medicare ACOs, Medicaid ACOs, and private market ACOs. 

back to top

Accounting for Lawyers (CORP7130)

2 credits. Lecture.

This course surveys elementary techniques and basic theoretical concepts of accounting for law students with little or no accounting background. It provides an introduction to: accounting statements and statement analysis; the accounting cycle; fixed asset accounting and depreciation; and corporate and estate accounting.

Note: Students who have completed 4 or more credits of undergraduate or graduate accounting are ineligible to enroll in the course without written permission of the Associate Dean.

back to top

Administrative Law (PUBG7801)

3 credits. Lecture.

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.

back to top

Admiralty (INTL7603)

2 credits. Lecture.

This course will study areas pertaining to Admiralty law, including: admiralty jurisdiction and procedure; federal-state relations; maritime liens; charter parties; bills of lading and the carriage of goods; maritime and maritime related person injury and death; collisions; marine insurance; limitation of liability and admiralty practice.

back to top

Adoption Law (PRFM9002)

2 credits. Lecture.

This course provides an in-depth examination of adoption law and policy. Private and public adoption systems will be examined with special emphasis on termination of parental rights and the rights of fathers. Emerging issues such as transracial placements, wrongful adoption and open adoption records will be discussed along with the relationship of new reproductive issues to adoption.

Recommended: Family Law, Marriage and Divorce or The Family and the State.

back to top

Advanced Civil Practice (PRMD9128)

2 credits. Skills.

From client interview to verdict, this interactive skills course will prepare students for the reality of civil practice. Building on Persuasion & Advocacy (which is a pre-requisite) the course will teach the skills involved in filing and litigating a civil case. Discovery, depositions, and dispositive motions will be addressed along with trial issues and even a few post trial motions.

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

Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice

Note: Students cannot apply both Advanced Civil Practice (PRMD 9128) course and Advanced Criminal Trial Practice (PRMD9219) towards degree requirements.

back to top

Advanced Civil Practice: The Simulated Law Firm (PRMD9220)

2 credits. Skills.

Building on Persuasion and Advocacy (which is a prerequisite) the course will teach a wide range of litigation skills utilizing a simulated law firm model.

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

Note: Students can only apply either Advanced Civil Practice (PRMD9218), Advanced Criminal Practice (PRMD9219) or Advanced Civil Practice: The Simulated Law Firm (PRMD9220) towards degree requirements.

back to top

Advanced Criminal Practice (PRMD9219)

2 credits. Skills.

This interactive skills course will prepare students for the reality of criminal practice. Building on Persuasion & Advocacy (which is a prerequisite), the course will teach the skills involved in prosecuting and defending a criminal case. Topics covered will include planning and investigation of a criminal case, development of theories and themes, jury voir dire and selection, witness examination techniques, use of informants, preparation of jury charges, and post-trial motions.

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

Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice.

Note: Students cannot apply both Advanced Civil Trial Practice (PRMD9219) and Advanced Civil Trial (PRMD9218) towards degree requirements.

back to top

Advanced Entertainment Law (INDL9314)

3 credits. Seminar.

This seminar involves an in-depth look at certain areas of the entertainment and media industry introduced in the survey course such as television, music licensing and publishing as well as an in-depth look at areas not dealt with in the survey course, such as independent film production, news gathering, advertising, video games, character licensing, and gambling. Assigned reading, class discussion and presentations by various specialists will be used to explore current legal issues, legislation and litigation.

Prerequisite: Entertainment Law.

back to top

Advanced Legal Research (PRMD9270)

2 credits. Skills.

This course is for students that would like to advance and practice their research skills. This course will review how to develop a research plan and how to evaluate legal research sources and use them effectively. Several major areas of legal research will be covered in this course, including, but not limited to: advanced internet research, cases, statutes, legislative history, administrative law, secondary sources, and research techniques and strategies. In addition to homework assignments, students will be assigned in-class exercises, and an extended research project.

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

Prerequisite: Legal Research and Writing I & II.

back to top

Advanced Negotiation Skills (PRMD9226)

2 credits. Skills.

This skills course combines a theoretical and practical approach to the role of the lawyer as negotiator. It examines the types of negotiation, the role of the lawyer as negotiator, the ethics of negotiation, and the structure of negotiation (including negotiation techniques, planning for negotiation, etc.). The course utilizes simulated negotiations, both bilateral and multilateral, with evaluation and critical analysis by other students and faculty.

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

Note: Students can only apply either Advanced Negotiation Skills (PRMD9226), Negotiation Skills in Civil Litigation (PRMD9234) and Negotiation Skills in Transactional Lawyering (PRMD9233) towards degree requirements.

back to top

Advanced Topics in Sports Law (INDL9302)

3 credits. Seminar.

This seminar treats both amateur and professional athletics. For professional athletics, the seminar surveys rules concerning league governance, the contractual relationship between player and club, labor relations, antitrust aspects of restraints on player and franchise movement and the relationships among athletes, agents and media.

Prerequisite: Sports Law or Negotiations Skills and IP Issues in Sports Law.

back to top

Advocacy and Adjudication (HIPH7512)

2 credits. Lecture.

Introduction to the judicial process and its many dimensions, including legal philosophy, jurisprudence, the common law, statutory and constitutional construction, precedent, decision making theory, burdens of proof, standards of appellate review and other concepts. In addition to our study of the adjudicative process, which is thoroughly covered by the required text, we will apply these principles to advocacy during our lectures and class discussions. The advocacy portion of the course will draw upon the practical experience of the adjunct professors as judge, law clerk and lawyer, as well as the valuable insights of our guest lecturers.

back to top

Agency, Partnerships and Limited Liability Companies (CORP7135)

3 credits, Lecture

This course examines basic principles of fiduciary obligation, agency relationship, principal's duties, termination; actual, apparent and inherent authority, as well as disclosed and undisclosed principals.  It surveys limited liability partnership statutes and limited liability company statutes, along with the Revised Uniform Partnership act.  Long term commercial relationships, such as borrowers and lenders, are examined from the point of view of disclosure duties as well as third party interests,  Finally, partners' agency duties are discussed.

back to top

American Legal History (HIPH7502)

2 credits. Lecture.

This seminar will present a survey of American legal history. Readings and discussions will focus on the relationship between law and change in the economy and in conceptions of liberty. Most law school classes, quite naturally, describe the law as it is and include some discussion of policy based on general values such as efficiency or individual flourishing. In the process of discussing the law in these terms, we come to believe, subconsciously, that our legal system is natural or inevitable, subject to some relatively minor improvements. The study of history reminds us that the law is not, in fact, “just there.” Legal practices and beliefs can change, and have changed, suddenly and dramatically. This course looks at the development of modern legal doctrines from their sometimes very different early incarnations. The topics covered include aspects of property law, torts, contracts, labor law, criminal law, and race and civil rights.

back to top

Anatomy of a Criminal Case (CRJU8405)

2 credits. Lecture.

The course offers students an opportunity to explore the unique substantive and procedural issues surrounding criminal law in the context of a single case that we will focus on from “start to finish.” The course has two inter-linked components. The first tracks the traditional doctrinal presentation of the issues relevant at each stage of a criminal case – from investigation through trial and appeal – and seeks to provide students with a general understanding of the substantive and procedural law relevant to each step and throughout the development of the case. The second offers students the opportunity to apply what we have discussed doctrinally in the context of a single criminal case, reviewing actual evidence and arguments made in the case, and then developing their own line of advocacy. This component creates a space for students to contemplate the challenges that the application of doctrine presents in the context of client representation and the prosecution of crime. The combination of these two components will offer the students a unique opportunity to enrich their substantive knowledge of this area of the law while sustaining skills-oriented instruction with the hope of fostering future career opportunities in criminal law.

Prerequisites: Criminal Procedure: Investigation, Arrest and the Right to Counsel or Criminal Procedure: Prosecution and Adjudication; and Persuasion and Advocacy

back to top

Anatomy of a Medical Malpractice Case (HLTH9521)

2 credits. Lecture.

This seminar provides students with the tools to prepare and try a medical malpractice case. Students are provided with three redacted (but otherwise complete) medical charts to analyze. They then conduct medical research, and learn how to locate expert witnesses. Following this each participant prepares pleadings and serves and responds to discovery requests. Students take simulated depositions of parties and experts. They prepare pretrial motions, and attend portions of an on-going medical malpractice trial, a trial call, and motion days. The grade is based on demonstrated competence in preparation of pleadings, discovery documents, motions, and taking depositions.

back to top

Animal Law (PUBR9180)

3 credits. Seminar.

This seminar explores a series of topics within the general subject of "animal law".  It examines the extent to which legal systems, litigation, and cultural values impact the ways in which judges, lawyers, legislators, administrators, and laypersons view and treat animals (other than humans).  It not only covers substantive law, but also the background of claims made explicitly or implicitly in law and decisions affecting nonhuman animals.

back to top

Antitrust (PUBG8801)

3 credits. Lecture.

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.

back to top

Antitrust and The Life Sciences (HLTH8509)

2 credits. Lecture.

 The course in health care antitrust law is structured to expose the students to the fundamentals of antitrust law through a review of antitrust policy, the basic antitrust statutes and foundational case law. The concepts of standards of legality, relevant antitrust markets, market power, monopoly power and enforcement/penalties will be explored. The course will apply these legal principles, using health care industry cases when available, to explore Sherman Act §1: horizontal agreements among competitors (i.e. price fixing, market allocation, concerted refusal to deal or boycott); Sherman Act §1 vertical agreements (i.e. tying arrangements, and exclusive dealing agreements); Sherman Act §2: monopolization, attempted monopolization and conspiracy to monopolize; and Clayton Act §7: Horizontal mergers and joint ventures. Finally, the course will review traditional antitrust exemptions and defenses and the regulatory agencies' Statements of Enforcement relating to the health care industry.

back to top

Appellate Advocacy (MTC7151)

2 credits. Lecture.

This course functions as an advanced legal writing course focusing on the development of legal research, persuasive writing and oral advocacy skills in a simulated appellate process. Each student will prepare a draft and final brief on a current issue in the law. Students then participate in two rounds of oral argument, first arguing before a panel of student judges and later arguing before a panel of attorneys.

back to top

Appellate Advocacy Moot Court Board (MTCT8150, 8152, 8153)

1 credit per semester for member, 2 credits per semester for director.

The Appellate Moot Court Board is comprised of third-year day students and fourth-year evening students who create problems to be used in the Appellate Advocacy course, supervise the work of Appellate Advocacy students under the direction of the faculty advisors, and assist in the administration of the required Appellate Advocacy course and optional Appellate Moot Court Competition. Two student directors, one in the Fall and one in the Spring, direct the board members in the completion of their administrative duties. The board members receive two credits after completion of the spring semester. Course is graded Pass/D or Fail basis.

back to top

Art Law (INDL7322)

2 credits. Lecture.

In particular, it would examine artists’ rights, such as copyright, moral rights, resale rights and First Amendment rights, as well as the law governing the artist-dealer relationship, auctions and private sales. The course would also discuss the law and practice governing artists’ foundations, estates and museums. It would then examine questions of authenticity in art, and the (sometimes limited) ability of law to aid in resolving disputes about such issues. A significant portion of the class would be spent on the law governing reparations for the wartime plunder and theft of art, as well as on the international trade of art and the national and international law of cultural property (antiquities).

back to top

Aviation Law (PUBG8802)

2 credits. Lecture.

This course analyzes major areas of substantive law related to aviation and aviation litigation. It studies the Federal Aviation Act; liability of airlines and aircraft manufacturers; liability of owners and operators of private aircraft, airport owners and the federal government; liability under international treaties such as the Warsaw Convention; jurisdiction, venue and choice of law problems; economic regulation of domestic and international airlines; problems of aircraft noise; and aircraft hijacking.

back to top

Bankruptcy and Creditors' Rights (COML8130)

4 credits. Lecture

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.

back to top

Bioethics (HLTH9526)

3 credits. Seminar

This seminar will introduce students to the principles and methods of bioethics analysis, and the focus on the way that the law deals with human reproduction and birth, human genetics, the definition of death, the process of health care decision-making at the end of life, physician assisted death, the regulation of research involving human subjects, the regulation of public health, and the just distribution of health care resources.

back to top

Biotechnology & The Law (HLTH9529)

3 credits. Seminar

This seminar will examine a variety of legal and policy issues at the forefront of advancements in the life sciences, drawing upon a diverse and interdisciplinary set of reading materials.  Topics to be covered include genetics, biotechnology, nanotechnology, neuroscience and synthetic biology.

back to top

BP Oil Spill Mess, The (ENVR7604)

2 credits. Lecture.

This is a course on the BP oil spill, to be offered on site in New Orleans. The onsite feature allows the class access to a number of guest speakers from government, industry, attorneys representing various sides in the drilling moratorium and liability litigations, community groups, local journalists, and law professors from Tulane and Loyola of New Orleans who are following the BP oil spill. The course includes several afternoon field trips to facilitate understanding of the south Louisiana on shore and near shore geology and ecosystems, the nature and extent of offshore oil installations and onshore energy facilities, the impacts of the BP spill on ecosystems, fishing, and tourism, and the nature and extent of efforts to manage the cleanup.

Prerequisites: Torts I and Civil Procedure.

back to top

Business Associations (CORP7131)

4 credits. Lecture.

This course considers the organization and operation of business enterprises with particular emphasis on the corporate form. The class includes an introduction to agency and partnership and limited liability companies. Corporate issues to be discussed include: nature of the corporation; corporate formation; corporate privilege and power; special problems of close corporations; fiduciary duties of directors and controlling shareholders; rights of shareholders; use of proxy machinery; derivative suits; and liability for insider trading, including an analysis of SEC Rule 10b-5.

Second year day and evening.

back to top

Business Law Survey (HLTH7400)

3 credits. Lecture.

This course introduces M.S.J students to principles of contract and corporate law necessary to provide an appropriate background to health law courses. The course includes a writing component that focuses on drafting skills.

NOTE: This course is available only to students in the MSJ program.

back to top

Business Planning (CORP8133)

3 credits. Lecture.

This course analyzes basic issues to be considered in the organization, operation and disposition of business ventures, combining concepts of partnership, limited liability company and corporate law, finance, securities law and taxation. The course will focus on four primary areas: formation and capitalization of the enterprise, determining participation in profit and loss, rewarding employees and service providers and exit strategies, including business combinations and taxable and tax-free dispositions.In addition to traditional teaching methods, the course involves guest lectures from entrepreneurs, investors and others involved in the field. Significant emphasis will be placed on federal and state tax issues affecting business planning decisions. Fundamental principles of entity-level and pass-through taxation will be discussed. 

back to top

Canon Law (HIPH7505)

2 credits. Lecture.

This course traces the law of the Church from its roots in Roman law to the Code of Canon Law promulgated in 1983. Featured will be: the structure of the code; principles governing the making, applying, and interpreting of canonical norms; the sacramental concept of marriage; Church remedy for invalid marriages: annulment, other remedies; and related procedures and practice of tribunal. The course in Canon Law will be both cultural and practical, with background in Judaic and Islamic law, and comparisons to Common Law.

back to top

Catholic Social Doctrine (HIPH9513)

3 credits. Seminar.

As lawyers and as humans, we are all faced with two great questions: What does it mean to be human? And what makes for a just society in which humans can develop their full potential? Over the past century the Popes have published a large number of documents (mostly encyclicals) that attempt to answer those questions in the light of Christ's teachings and of natural law philosophy. They have explored a wide range of issues from the broadest questions of what rights derive from being human and what constitutes human flourishing to much more specific questions about the right to private property, the principles that should govern economic life, the role of work in human life and society, just wages, and international relations. The current Pope, John Paul II, has expanded and developed the thought of his predecessors adding to it many elements drawn from his own "personalist" philosophy. The ideas set forth in catholic social teaching have their ultimate roots in Christ's teaching and in the Christian tradition as it has developed over the past two thousand years. They are not, however, strictly speaking religious ideas. Rather, they constitute a largely philosophical answer to the most basic questions which underlie the law. As such, their interest and appeal is not limited to Catholics or even to Christians. In this seminar, we will read some of the major documents and discuss their implications for the legal order.

back to top

Chief Justice Hughes's Influence on the Development of New Jersey Law (HIPH9520)

3 credits. Seminar.

This seminar will focus on the jurisprudence of Richard J. Hughes who was Chief Justice of the New Jersey Supreme Court from 1973 to 1978. During that time he authored many important decisions. Of particular note were: a number of opinions dealing with the area of school funding - an area of the law shich continues to perplex the state; the famous Quinlan decision in which the Court led the nation in considering issues relating to the right to die; American Trial Lawyers v. The New Jersey Supreme Court, asserting the court's control over the practice of law. Chief Justice Hughes wrote 27 majority opinions, 5 concurring opinions and 12 dissenting opinions. Richard J. Hughes was also the Governor of the State of New Jersey for eight years in the 1960s. During that time the legislature passed many new laws. The seminar will also look at man of those laws passed during Governor Hughes's terms, his influence on the passage of those laws and their continuing effect upon the state. There was a constitutional convention during Hughes's years as Governor. The seminar will analyze his influence on the constitutional convention and its continuing importance today. All students in the seminar will write a paper fulfilling the Advanced Writing Requirement. Students will also be partially graded on class attendance and participation.

Note: Students can only apply either Chief Justice Hughes' Influence on the Development of NJ Law (HIPH9520), State Constitutional Law (PUBR9175) or New Jersey Constitutional Law (PUBR7906) towards degree requirements.

back to top

Children, Family and the State (PRFM7002)

2 credits. Lecture.

This course examines the relationship between the state, parents, and children, and how the state creates, regulates, and terminates familial relationships. It analyzes the balance between parents' rights to make childrearing decisions and the state's responsibility to protect children. The course also explores the state's treatment of minors in various contexts, including contracts, health care, and education.

back to top

Circuit Review (JRNL7163-67)

1 credit per semester for member. 1 to 2 credits per semester for editor. Maximum of 6 credits.

The Seton Hall Circuit Review is a student-run scholarly journal that was founded on the recognition that while thousands of cases are appealed to the federal courts of appeals, only a handful are ever reviewed by the Supreme Court of the United States. This deferral leaves tremendous power in the hands of circuit judges. For practitioners, the courts of appeals provide binding law, and until the Supreme Court speaks, a practitioner's respective court of appeals is the supreme arbiter of the law for that circuit.

Based on this, premise the Circuit Review aims to publish scholarly articles and student comments that analyze recent important developments in all areas of the law at the federal appellate level. Members of the Circuit Review are expected to write a comment that addresses a novel topic within the journal's scholarly focus, as well as participate in all facets of the publication process.

New members are chosen by the current Editorial Board upon, at the end of the first year of law school, and based on a journal write-on competition. The Editorial Board is chosen by election of the entire Circuit Review membership.

Course is graded on a Pass/D or Fail basis. To receive credit for the Circuit Review, a student must first complete a comment for the Journal.

back to top

Civil Litigation Clinic (CLIN7180,7181)

4 credits clinical component, 1 credit classroom component.

The Civil Litigation Clinic handles a variety of civil cases on behalf of its clients, with a primary focus on civil rights, housing, and education cases. During the semester, students may handle all aspects of a civil case, from conducting an initial interview to trying a case or arguing a motion. Students draft complaints, answers and counterclaims; propound and respond to interrogatories and document requests; conduct and defend depositions; draft motions and memoranda of law; conduct settlement negotiations; and appear in court. The seminar is designed to ensure that students develop a common base of litigation skills through simulated exercises and will also introduce students to relevant substantive law. In addition to the seminar, students participate in weekly team meetings for the cases for which they are responsible. The clinic requires an average of fifteen hours per week in addition to the two-hour seminar. Litigation demands will vary on a weekly basis, and students must have the flexibility to commit more extended hours to meet court deadlines. The clinic is open to day and evening students who are the equivalent of a third year day student.

The course is letter-graded for both the clinical and class components.

Prerequisites: Minimum Cumulative 2.60 GPA, Evidence, Professional Responsibility and Persuasion and Advocacy.

Note: Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

back to top

Civil Procedure I & II (LAW6001/6002)

First year, Fall semester, 2 credits; Spring semester, 3 credits. Lecture.

This course dissects the anatomy of a civil case from complaint through pre-trial proceedings, trial and appeal. It therefore studies the organization and jurisdiction of federal and state courts, including emphasis on personal and subject matter jurisdiction. The focus is on the Federal Rules of Civil Procedure, exploring issues of pleading, pretrial discovery and motion practice.

back to top

Civil Rights and Constitutional Litigation Clinic (CLIN7186,7187)

4 credits clinical component, 1 credit classroom component.

The Civil Rights and Constitutional Litigation Clinic pursues impact and direct services litigation to protect the basic liberties guaranteed to us by the United States Constitution and comparable provisions of the New Jersey Constitution. In recent years, the clinic has focused on human rights cases emerging from the “war on terror,” including cases raising intersecting issues of national security and immigration policy, as well as litigation filed to protect our First and Fourth Amendment rights in the face of overreaching by police and other law enforcement personnel. The seminar is designed to ensure that students develop a common base of litigation skills through simulated exercises and will also introduce students to relevant substantive law. In addition to the seminar, students participate in weekly team meetings for the cases for which they are responsible. The clinic requires an average of fifteen hours per week in addition to the two-hour seminar. Litigation demands will vary on a weekly basis, and students must have the flexibility to commit more extended hours to meet court deadlines. The clinic is open to day and evening students who are the equivalent of a third year day student.

The course is letter-graded for both the clinical and class components.

Prerequisites: Minimum Cumulative 2.60 GPA, Evidence, Professional Responsibility and Persuasion and Advocacy.

Note: Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

back to top

Civil Rights Law (PUBR7909)

3 credits. Lecture.

This course provides the student with an introduction to constitutional litigation, civil rights policy, and statutory enforcement of civil rights. To that end, emphasis will be placed on gaining a thorough understanding of post-Civil War constitutional amendments and federal civil rights legislation, particularly Section 1983. The course will also investigate some aspects of structural reform litigation, with an emphasis on school desegregation. Intended for students with a strong interest in any or all of the following: constitutional law, civil rights, federal courts, federal/state relations and race relations.

Prerequisites: Constitutional Law or Constitutional Law I & II

back to top

Commercial Law Survey (COML7121)

3 credits. Lecture.

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.

back to top

Communications Law and Policy (INDL7310)

2 credits. Lecture.

This lecture provides an intensive study of the law and public policy relating to communications, with special emphasis on telecommunications. We will study the history and structure of the telecommunications industry in the United States, and recent developments toward creating competition in formerly monopoly markets. We also will review the sources of communications law and policy (federal and state agencies and courts), explore a layman's understanding of the technical network fundamentals, and evaluate content issues. We will discuss practical client concerns as they evaluate entry into new lines of business and defending existing lines of business from competitive threat.

back to top

Community Association Law (PROP7711)

2 credits. Lecture.

Community associations (condominiums, cooperatives, homeowners associations) are the most popular form of residential development in the United States and among the least understood by lawyers. Tens of millions of Americans live in these common interest communities. This course is structured to provide an introduction to the substantive law of community associations. Included subjects are: creating common interest communities; association functions, powers and governance; design standards and control; enforcement of covenants, rules and regulations; developer transitions; and liability of board and members.

back to top

Comparative Constitutional Design (INTL9616)

3 credits. Seminar.

Since the 1980s, a wave of democratization has swept Eastern Europe, Latin America and the former Soviet Union, as well as parts of Africa and Asia, making democracy the dominant form of government in the world today. A necessary feature of the process of transition to democracy in a given country is the design and adoption of a new constitution. Using the framing of the U.S. Constitution and the essential elements of U.S. constitutionalism as points of departure, this seminar will examine some of the principal options and trade-offs that new democracies might consider as they design and write their constitutions, and, in particular, how drafters of the world's newest constitutions have dealt with such issues as separation of powers, enforcement of the constitution, religious and cultural pluralism, free speech, federalism, social and economic rights, equality and antidiscrimination, political representation, and constitutional amendment. The seminar aims to deepen the student's appreciation and understanding of the policies and contingencies that drive particular constitutional choices and the importance of context in constitutional design.

Prerequisites: Civil Procedure or Civil Procedure I and II

back to top

Comparative Constitutional Law (INTL9606)

3 credits. Seminar.

As a result of the breakup of the Soviet Union and the rapid transformation of other non-democratic regimes into democratic nation states, there has been a growing interest in comparative constitutional law. This seminar will explore the extent to which constitutional experience in the Unites States and various other countries can be shared. Specific areas likely to be examined include: judicial review, federalism, due process, and individual liberties such as freedom of speech, free exercise of religion, and freedom of the press.

Prerequisites: Constitutional Law or Constitutional Law I & II

back to top

Comparative Health Law (HLTH7408)

2 credits. Lecture.

The Constitution of the World Health Organization states that “[t]he enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being. . ..” This aspiration must be filtered through the reality of each nation’s legal system. The constitution and laws of each nation must answer questions such as: Who has the obligation to provide necessary care? Who decides what care is “necessary?” Does access to health care depend on ability to pay? When can an individual refuse care, choose to engage in unhealthful activity, or engage in conduct that creates health risks for others? This course will provide an overview of the answers that the law of several nations provides to these and other questions. The goal of the course is not to make students experts in every nation’s health law, but rather to provide them with a context in which to understand health systems in other nations – and thereby perhaps better understand our own.

back to top

Comparative Law (INTL7601)

3 credits. Lecture.

This course is an introduction to the civilian legal systems of Europe and Latin America. It emphasizes the contrast between the procedural and substantive devices used to accomplish similar purposes in the different systems. The course may focus on a particular civilian system.

back to top

Comparative Law and Religion (INTL7632)

3 credits. Lecture.

This course deals with the relationship between church and state in several different countries, using the law in the United States of America as a basis of comparison. Since 1947, when the Supreme Court of the United States decided the issue whether Ewing Township could provide transportation to and from school for parochial school children (Everson v. Bd. of Ed., 330 U.S. 15), America has debated the role of religion in American public life. At its heart, the issue has become in fact whether religion should play a role at all in American public life or be restricted to the private life of the individual person, as some countries do. Such a view would prevent people from expressing religious allegiance in public (for example, wearing religious symbols such as yarmulkes, crosses, turbans or Muslim head dress) or from inserting religion into the sphere of politics. The status of religion in American constitutional law, the debate about religious heritage in discussions of the draft oof the Constitution of the Unione Europeo (EU) and the current status of secularization as well as theoretical conceptions of the place of religion in pluralistic societies will be treated, including several European and Latin American views.

back to top

Comparative US and EU Antitrust Law (INTL7637))

3 credits. Lecture.

This course will compare the antitrust laws in the US and the EU and will examine each jurisdiction's approach to different kinds of conduct, with special focus on single-firm exclusionary strategies, joint ventures, and mergers. The course will analyze the underlying statutes, the actual cases, relevant economic theories, and policy principles.

back to top

Complex Litigation - Course (PRMD7207)

3 credits. Lecture.

This course examines the theory and practice of multiparty and other complex cases. It covers a range of advanced procedural topics, including joinder, consolidation, multidistrict litigation, class actions, choice of law, counsel coordination, bifurcated trials, and remedies. The course will examine these topics at both a practical and a theoretical level, considering litigation strategy as well as theoretical perspectives on the adversary system

back to top

Compliance Skills (HLTH9655)

2 credits. Skills.

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

back to top

Conflict of Laws (PRMD8206)

3 credits. Lecture.

This course studies problems relating to transactions and relationships with multi-jurisdictional elements. It includes: common law rules and theories; underlying policies; modern approaches; constitutional limitations in national and international law; jurisdiction of courts; and the effect of foreign judgments.

back to top

Constitutional and Political Issues in Education Reform (HIPH9525)

3 credits, Seminar

Certain minority groups continue to be disproportionately underrepresented in law schools and the legal profession, as well as in institutions of higher larning and leadership in general. Moreover, there continues to be great inequality in the achievements among different racial groups in K-12 education in the United States. This seminar will analyze the history of litigation surrounding race and inequalities in educational opportunities and outcomes. The seminar will challenge participants to explore ideas of race in the American consciousness, and examine the effect of different ideas regarding race on the law regarding education. Three main strategies of educational equality litigation will be explored through federal and state rulings, as well as critical scholarly articles. The seminar will also explore recent legislative approaches to equalizing educational outcomes through concepts such as choice, assessment standards and merit pay. All views regarding race will be respected, but each participant will be challenged to offer sound reasoning to back up any assertions made. Ultimately, in class participation and writing, participants will be asked to creatively consider the concrete outcomes of approaches of litigation and policy, and relate them to underlying ideals in regard to the continuing complex issues of race in America.

back to top

Constitutional Law (LAW6015)

Day: First year, Spring semester, 5 credits. Lecture.

The course treats government authority under the United States Constitution. It begins with an analysis of the scope of judicial review and the development of theories of constitutional adjudication. It then treats the commerce clause and other sources of federal authority, and considers limitations on state and federal regulation of economic and property interests. It explores federalism issues of the relationship between the federal government and the states and issues of the allocation of power among the three branches of the federal government. The course also surveys the protection of the rights of the individual against state and federal government action under the United States Constitution, including freedom of speech and expression, association, religion and the right of privacy. Protections under the equal protection clause and the right to due process are explored.

back to top

Constitutional Law I and II (LAW6012,6013)

Evening: Second year, Fall semester, 2 credits; Spring Semester, 3 credits. Lecture.

The Fall semester treats government authority under the United States Constitution. It begins with an analysis of the scope of judicial review and the development of theories of constitutional adjudication. It then treats the commerce clause and other sources of federal authority, and considers limitations on state and federal regulation of economic and property interests. It explores federalism issues of the relationship between the federal government and the states and issues of the allocation of power among the three branches of the federal government.

The Spring semester surveys the protection of the rights of the individual against state and federal government action under the United States Constitution, including freedom of speech and expression, association, religion and the right of privacy. Protections under the equal protection clause and the right to due process are explored.

back to top

Constitutional Law Survey (HLTH7402)

3 credits. Lecture.

This M.S.J. course provides a general overview of the constitutional law doctrines that are most relevant to health professionals. Particular attention is paid to separation of powers, privacy and reproductive rights, and the First Amendment as they relate to government regulation of health care. The course also considers constitutional and other issues raised by the role of administrative agencies and the implementation of legislation in the health care system.

NOTE: This course is available only to students in the MSJ program.

back to top

Construction Law (COML7129)

2 credits. Lecture.

This course will provide a detailed examination of the law associated with construction, real estate development, "green building" and sustainable design; cover the relationships between the parties in the construction process; and focus on the key provisions to be included in construction contracts. It includes the perspectives of owner, architect/engineer, contractor, subcontractor, supplier, and surety in the context of private and public construction projects. In addition, the course will explore the contractual and statutory obligations and protections for contractors, subcontractors and suppliers. Finally, there will be an analysis of typical construction disputes arising from contract interpretation, change orders, delay, safety, environmental problems and payment issues; and the means by which those disputes are resolved.

back to top

Consumer Arbitration Practicum (PRMD9232)

2 credits. Skills.

The Consumer Arbitration Practicum (“CAP”) is a course in which students will learn about a particular form of arbitration and represent disputants in proceedings before the New Jersey Division of Consumer Affairs (“NJDCA”). Enrollment is restricted to third year students. In the early sessions, the instructor will explore the nature of this nuanced form of arbitration and rules of the forum. Under faculty supervision, participants will undertake all material aspects of a client representation including the intake meeting, client counseling, negotiating with opposing counsel, drafting of a settlement agreement (where appropriate) and arbitration hearing advocacy. Because students will represent real clients, the ability to be flexible in scheduling client meetings and working with co-counsel is essential. Some responsibilities will fall outside of the weekly scheduled meeting time. Students must be willing to meet or teleconference with clients at times of shared convenience. The instructor reserves the right to schedule a “super session” on a date and at a time of shared convenience. The class will likely span 6 hours on a Friday or weekend. The expanded format will facilitate “case rounds,” student advocate summaries of all client representation. The group de-briefing will enable participants to discern best practices from their peers. *N.B.: Practicum classes require students to make a more substantial investment of time than would ordinarily be expected in a 2-credit elective. Under the faculty supervision of licensed attorneys, participants will conduct in-take meetings with prospective clients and liaise with opposing counsel to explore negotiated settlement. If the disputants are unable to reach an amicable resolution of their differences, then the student advocates will proceed to an arbitral hearing. These classes require that students be flexible about their schedule and be willing to attend meetings and proceedings that fall outside of the regular class time. Due to the additional demands of a practicum, students are strongly discouraged from taking this class concurrent with a Center for Social Justice clinic.

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

Note: Students cannot apply both Consumer Arbitration Practicum (PRMD9232) and Advanced Arbitration Skills (PRMD9224) towards degree requirements.

back to top

Consumer Law (PUBR7904)

2 credits. Lecture.

This class will provide an overview of consumer law in the United States with an emphasis on Federal and New Jersey consumer protection. The class will also focus on private actions and the "private attorney general" as well as the use of class action litigation as a vehicle for consumer protection and fraud prevention. It is frequently said that New Jersey has the strongest consumer protection laws in the nation. Moreover, because New Jersey is the corporate headquarters for many significant consumer-oriented businesses including, among others, pharmaceuticals, insurance, banking, telecommunications, and foreign automobiles manufactures. Consequently, the New Jersey courts decide some of the most important and precedent-setting consumer protection-related cases in the country.

back to top

Contemporary Issues Confronting Non-Profit Corporation (CORP9135)

3 credits. Seminar.

The tax exempt charitable sector in the United States is the largest in the world. The  policy justification and legal requirements for continued exemption from federal and state taxation is a matter of increased litigation challenges and congressional investigation. This seminar will focus on some of the practices and performance of major charitable corporations that are the subject of increased public scrutiny. The following are the kinds of issues that will be explored in this AWR seminar.

Recommended: Federal Income Taxation or Non-Profit Organizations

back to top

Contracts (LAW6005)

Day: First year, Fall semester, 5 credits. Lecture.

The course considers the law governing consensual relationships. It analyzes the requisites of a legally-enforceable contract, including the offer-acceptance process, consideration, and requirements relating to the capacity of parties and to formalities of contract formation. Invalidating factors such as fraud, duress, mistake, and impossibility are explored. Issues of remedies are examined. Throughout the course, relevant provisions of Article 2 of the Uniform Commercial Code regulating the sale of goods are studied.

back to top

Contracts I and II (LAW6006,6007)

First year, Fall semester, 3 credits; Spring semester, 2 credits. Lecture.

The course considers the law governing consensual relationships. It analyzes the requisites of a legally-enforceable contract, including the offer-acceptance process, consideration, and requirements relating to the capacity of parties and to formalities of contract formation. Invalidating factors such as fraud, duress, mistake, and impossibility are explored. Issues of remedies are examined. Throughout the course, relevant provisions of Article 2 of the Uniform Commercial Code regulating the sale of goods are studied.

back to top

Copyright (INDL8301)

3 credits. Lecture.

This course covers all phases of common law and statutory copyright including works subject to protection; securing protection; rights of copyright holder and succession to those rights by agreement and inheritance; international problems; and fair use and infringement questions.

back to top

Corporate Finance (CORP8132)

3 credits. Lecture.

 This course continues the study begun in Business Associations with emphasis on the financial aspects of the publicly held corporation. It includes: problems of enterprise and securities valuation; capital structure; the issuance and acquisition of securities; security holders' rights; dividends; structural change; mergers and acquisitions.

 Prerequisite: Business Associations.

back to top

Corporate Taxation (TAXN7113)

3 credits. Lecture.

This course studies the federal income taxation of corporations and shareholders, including: a detailed examination of the tax problems arising on incorporation; distributions to shareholders; redemptions of stock and liquidation; the Subchapter S corporation, and corporate reorganizations.

 Prerequisite: Federal Income Taxation.

back to top

Corporations: Integrity and Accountability (CORP9131)

3 credits. Seminar

This seminar will explore the intersection among ethics, morality and law in the regulation of corporations in a global economy. It will address such questions as the following: Should law incorporate moral mandates like fairness and equity for all stakeholders of a corporation? Should there be a law that regulates the ratio between the highest paid executive and the lowest paid employees; or the payment of multi-million dollar severance pay awards during a concurrent investigation of the corporation by the attorney general? What is ethical behavior for companies which work in cultures with differing notions of corruption? Are there moral requirements that decent societies should incorporate into law so that acting morally is not a competitive disadvantage? Should corporations be required to be transparent "when using other people's money to support or oppose candidates"?

back to top

Criminal Law (LAW 6014)

First year, Spring semester, 3 credits. Lecture.

This course introduces students to the state's role in the control of deviant behavior through law. It explores theories of responsibility, punishment and reform. It considers general principles of substantive criminal law including: intent; justification and excuse; defenses; elements of particular crimes; attempt; conspiracy; and responsibility for the acts of others.

back to top

Criminal Procedure: Investigation, Arrest and the Right to Counsel (CRJU7401)

4 credits. Lecture.

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.

back to top

Criminal Procedure: Prosecution and Adjudication (CRJU7402)

3 credits. Lecture.

This course analyzes legal and practical problems in the administration of criminal justice after the commencement of formal proceedings, including: bail; pretrial release; prosecutorial discretion; preliminary hearing; grand jury review; the right to a speedy trial; discovery and disclosure; plea bargaining; trial by jury; sentencing; double jeopardy; and post-conviction proceedings.

back to top

Criminal Sentencing (CRJU7408)

2 credits. Lecture.

This course addresses sentencing law. It begins by treating the philosophical, jurisprudential and political considerations which should guide sentencing and then examines current New Jersey and federal sentencing guidelines and practices, with an emphasis on the role of the prosecutor or defense attorney at sentencing. Finally, the seminar will address federal and state constitutional and statutory issues regarding the imposition of the death penalty.

Prerequisites: Criminal Law.

back to top

Curernt Issues in IP Litigation (INDL9311)

3 credits. Seminar.

This seminar will focus on procedural and substantive developments with which courts and practitioners currently are wrestling in patent, copyright, trademark, and trade secret cases. For the writing requirement, students would have an option of producing the "standard" law review-type paper, or a filing-quality brief advocating a position in an ongoing litigation relating to one of the "current issues" we will be discussing (e.g., a brief on the patentability of gene sequences in Myriad).

back to top

Current Issues in Energy and Environmental Law (ENVR9602)

3 credits. Seminar.

This seminar provides an opportunity to learn about the most pressing issues in energy and environmental law policy in the United States. The seminar will cover issues associated with access to and production of energy resources; security, reliability, and diversity of energy supply; energy technology innovation and deployment; and the environmental regulatory issues associated with energy efficiency and resource conservation. The seminar will also consider questions of trade, subsidies, and tax policy.

Students will have the opportunity to hear from a range of outside experts in environmental and energy law and policy from private practice, government, and public interest organizations. The seminar will be taught from the perspective of a practitioner actively involved in energy and environmental policy debates. The aim is to give students perspective on the future of energy in the United States from a decidedly practical perspective. Students will be expected to complete a research paper addressing a particular topic and to present their findings to the class in a panel format at the end of the seminar.

back to top

Current Issues in Securities Law (CORP8150)

2 credits. Lecture.

This course explores recent developments in federal securities law, with an emphasis on securities law enforcement and litigation. Among the topics considered are: unregistered offerings, market manipulation, the impact of the internet, the globalization of financial markets, accounting fraud, and insider trading. The course examines the various legal, economic, and policy considerations that underlie the federal securities laws and drive the SEC enforcement process. Developments in criminal prosecution of securities law violations and international aspects of securities law enforcement are also considered.

 Prerequisite: Securities Regulation.

back to top

Current Topics in Internet Law (INDL9331)

3 credits. Seminar

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. 

back to top

Current United States Supreme Court, The (PUBG9181)

3 credits. Seminar.

This seminar will examine the jurisprudence of the current members of the United States Supreme Court by reviewing a number of particularly important decisions in many different areas of Constitutional law rendered by the Court in recent years. Each student will be required to write a paper concerning a Justice of the current court. Since Justice Kagan has only been appointed this past year she will not be considered. Since Justice O’Connor, Souter and Stevens have only recently stepped down from the Court they can be used in addition to the other 8 current justices. The papers will consist of three parts: 1) a significant biographical sketch of the Justice 2) a review of ten important cases that the justice wrote (majority, concurring or dissenting opinions) 3) analysis of the justice's philosophy including the influences which his/her background and experiences had on him or her.

Prerequisites: Constitutional Law or Constitutional Law I and II.

back to top

Cybersecurity and Computer Crimes (PRMD9214)

2 credits. Skills.

The Cybersecurity and Computer Crimes Skills Course will train students in the practical skills necessary to prosecute and defend cybercrime cases. The skills covered will include technological investigations, working with experts, drafting litigation documents, and preparing for trial. For each skill, students will study technique, role play the skill, and then debrief and critique their performance. The course will be taught by attorneys who are experts in cybersecurity. Students who have taken Cybersecurity Law are encouraged to take this course as well, but it is not a pre-requisite.

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

back to top

Cybersecurity Law (INDL7309)

3 credits. Lecture.

This course will examine the developing field of "Cybersecurity " law.  "Cybersecurity" refers to technological, social, and legal controls implemented by government and private entities to secure electronic communications and data networks from manipulation, theft and attack by enemies of the state, terrorists, hackers, competitors, and other adversaries.  The course will examine these issues from the perspectives of economic regulatory policy, unfair competition and trade secret law, criminal law, constitutional law and civil liberties law, and public international law.

back to top

Disability Law (HLTH7514)

3 credits. Lecture.

The 43 million Americans with disabilities are engaged in public activities on a daily basis. Many work, take public transportation, use public accommodations and government services. This course will examine the legal standards that guide the treatment of people with disabilities in many areas, including public accommodations, governmental services, and employment. We will examine the constitutional and statutory law in this area, and consider the public policy balance driving legal development in this area. A primary focus will be on the Americans with Disabilities Act of 1990, although we will consider other sources of law. We will examine such central concepts as the definition of disability, the remedies available for violations of disability rights law, defenses to claims of disability discrimination, and the jurisdiction of courts to consider private claims against government defendants.

back to top

Discovery and Depositions in Civil Litigation (PRMD9212)

2 credits. Seminar.

The vast majority of cases are not won or lost at trial, but rather are won or lost during pretrial discovery. This is the reason why more than 90% of all civil cases settle before the trial. "Discovery and Depositions in Civil Litigation" will initially teach the students how to promulgate and respond to all forms of paper discovery in complex cases involving science, medicine and technology. The vast majority of the course will be devoted to teaching the students how to skillfully take depositions in such complex cases. As the vast majority of trial lawyers spend far more time taking depositions than trying cases, this course will provide law students with the valuable skills needed to assume active roles in pretrial discovery immediately upon passing the bar. This course will utilize the case study method based on the record of three actual cases. The initial portion of the course will comprehensively but quickly review the federal and New Jersey rules of pretrial discovery, including those rules regulating use of interrogatories, depositions, requests for documents, requests to admit, and subpoenas. Each student will be required to prepare a short paper to demonstrate their knowledge of these rules. Each student will then be required to draft and respond to each type of pretrial request for discovery utilizing the facts of one of the actual cases. The majority of the time spent in the course will be devoted to teaching the students how to properly and comprehensively take the pre-trial depositions of the parties and experts in the actual cases. The course will first examine the case law regarding pretrial depositions. The students will then be required to prepare deposition outlines and take the depositions of the plaintiffs, defendants or the experts in the actual case. The parties and expert witnesses will be portrayed by either an instructor or a student, and counsel for the witness will also be portrayed by an instructor or another student who will defend the deposition. Each student will be obligated to take at least four depositions in front of the entire class. Mistakes, e.g., improperly or poorly worded questions and tactical errors or omissions, will be corrected on the spot and redone until proper. For the first two case studies, the students will initially be given, in addition to the medical or other relevant records and expert reports, the transcripts of the depositions of the parties or experts that were actually taken by the lawyers in these two cases. However, for the third case the students will be expected to demonstrate that they have mastered the ability to take a deposition without the benefit of the actual transcripts. The students will be graded on their preparation of a pretrial discovery memorandum, various pretrial discovery documents and several deposition outlines. The final exam will consist of taking the deposition of a defendant or expert in the third case study.

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

Prerequisite: Evidence.

back to top

Dispute Resolution Processes (PRMD8209)

2 credits. Skills.

This course provides an introduction to the traditional forms of interpersonal and commercial conflict management: negotiation, mediation and arbitration. The class also explores lesser known and emerging hybrid processes including arb-med, early neutral evaluation, med-arb, mini trial, ombuds, online dispute resolution, private judges/juries and summary jury trial. Each method of dispute resolution is explored in a series of classes, and students are introduced to these methods through limited lecture informed by authoritative texts followed by experiential exercises. Students translate theory into practice through frequent participation in demonstrations, fishbowls and role play exercises that approximate real world legal practice. Each student receives detailed faculty and peer critique through the use of the 360-degree feedback model.

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

back to top

District Court Opinion Drafting Simulation (PRMD9217)

3 credits. Seminar.

This seminar is designed to help students learn, through practice, how to draft judicial opinions. In order to make the course as realistic as possible, students will draft opinions dealing with motions filed in actual cases pending in the United States District Court for the District of New Jersey. In most law school classes, students read judicial opinions, but rarely if ever see the pleadings, motions, briefs, and affidavits that lawyers write and from which judges and their clerks work in producing judicial opinions. The availability of court records on the Public Access to Court Electronic Records (PACER) system makes it possible, as never before, for students to have access to those real-world documents. In this seminar students will be assigned motions filed in actual cases and will have to consider every document filed in the case relevant to those motions, conduct appropriate legal research, and draft opinions deciding those motions. The goal for students in the seminar, as it is for law clerks, is to draft opinions that are of sufficiently high quality that a United States District Judge could sign them.

back to top

Domestic Violence and the Law (PRFM7009)

2 credits. Lecture.

This course will consider the response of the legal system to domestic violence. The focus will be an examination of the intersection of domestic violence with family and criminal law as well as the civil protective order remedy. Topics will also include domestic violence as a human rights violation, remedies for battered immigrants and tort liability for domestic violence.

back to top

Drafting Litigation Documents (WRTG9144)

2 credits. Seminar.

Exercises in the creation of litigation documents consistent with sound litigation strategies, from the complaint through the settlement agreement, including answers, third-party pleadings, counterclaims, cross-claims, motions, and discovery documents. The class stresses the value of writing in "plain English" and time in each class session will be spent analyzing how to write clearly and persuasively. Students are required to write four short "brief points" and create three litigation documents.

back to top

Drug and Medical Device Liability and Policy (HLTH7513)

2 credits. Lecture.

The course will examine liability within the drug and device industries.  It will cover liability based on inadequate warnings, state statutes that provide presumptions about medical product warnings, proximate cause in warning cases and how “over-promotion” permits imposition of liability despite the presence of an adequate warning. It will also examine whether design defect liability is applicable to FDA-approved drugs and discuss application of design and manufacturing defect theories to devices.  The course will explore preemption of state law tort claims and provide an overview of FDA regulation of drugs and devices, including issues pertinent to litigation of the preemption issue. It will consider the absence of a private right of action under the Food Drug & Cosmetic Act, the implied preemption doctrine in pharmaceutical cases, and cover the case pending before the Supreme Court (to be argued fall, 2010) in which the Court will rule on preemption of state law design defect claims under National Childhood Vaccine Injury Act of 1986.  The course will address the issue of causation and different methods of proving causation, including use of epidemiological evidence and will address damages and remedies in medical products cases including the remedy of “medical monitoring” and the divergent ways in which the courts have analyzed and resolved claims for medical monitoring. The course will analyze mass torts where much of pharmaceutical and medical device litigation takes place including public events like a product recall or publication of a significant clinical study and will examine the difficulty of using the class action vehicle in the drug and device liability area for personal injury claims.  The course will evaluate evolving approaches to settling mass-tort cases and their implications, including the settlements in the Dalkon Shield litigation, diet drug litigation and, more recently, Vioxx litigation. The course will look at how to allocate compensation among injured claimants, the question of limiting the size of the ultimate settlement, and ethical issues for defendants’ and plaintiffs’ counsel in devising settlements. 

The course will also analyze how well the current system works including whether the traditional litigation process works adequately in compensating injured claimants and deterring industry misconduct and will explore some of the arguments against the current system: that it negatively impacts innovation and investment in medical products and technology, increases the cost and decreases the availability of certain products and that it unequally compensates injured patients.

Finally, the course will consider the alternatives to the current system and opportunities for tort reform in the drug and device arena.

back to top

Economic and Social Rights: Comparative Interntaional Perspectives (PUBR9185)

3 credits. Seminar.

Within the Anglo-American common law and constitutional tradition, rights are generally understood to mean individual civil and political rights or rights that guarantee or protect, at best, “negative” liberty. Largely excluded from the dominant “rights talk” and marginalized in mainstream constitutional doctrine are understandings of rights that include economic and social rights or guarantees of positive entitlement to public resources to meet basic human needs like health, education, shelter, food, and economic security. The seminar will examine the philosophical roots and doctrinal manifestations and implications of this dichotomous treatment of rights within the Anglo-American legal tradition; survey international and regional human rights instruments and institutions, as well as comparative national constitutional systems (including, within the United States, state constitutions), that recognize and protect various economic and social rights; and examine the strategies and problems of enforcement and implementation and other challenges associated with economic and social rights. Students will be required to write an AWR paper.

Prerequisites: Constitutional Law or Constitutional Law I & II.

back to top

Elder Law (PROP7710)

2 credits. Lecture.

Representing clients as they age with a focus on: health care and long term care needs, Medicare and Medicaid eligibility and services; representing clients with diminished capacity and surrogate decision-making options including guardianship; end-of-life, hospice and palliative care planning; estate planning, including financial needs, long term care insurance, strategies to protect assets, protection against spouse impoverishment and support rights, and use of Medicaid qualifying trusts, family law issue in the context of elder law representation, and consumer protection law for older clients.

back to top

Election Law (PUBG7812)

2 credits. Lecture.

This course examines the interaction of law and politics.  Topics covered will include the development of the right to vote, the Voting Rights Act, redistricting, the role of political parties, ballot access, election and campaign activities, recounts (including a review of the 2000 Presidential Election recount), and the regulation of money in politics, including an examination of various proposals for campaign finance reform.  This course focuses both on federal and New Jersey election and campaign finance law.  Students will receive theoretical and practical knowledge of the role that government and courts play in the political process and how that interaction affects campaigns, candidates, and officeholders.

back to top

Electronic Discovery (PRMD8218)

2 credits. Skills.

It is a fact of modern life that an enormous volume of information is created, exchanged, and stored electronically. Conventional documents originate as computer files; email, text messaging, instant messaging, and social media are taking the place of both telephone calls and postal letters; and electronically stored information (ESI) is commonplace in our personal lives and in the operation of the businesses, public entities, and private organizations. In the past decade, discovery involving word-processed documents, spreadsheets, email, and other ESI has become more routine and no longer a product of large cases involving sophisticated entities. This interactive course is designed to give students an understanding of (1) the legal landscape that has developed since the 2006 electronic discovery (eDiscovery) amendments to federal and state court rules were enacted, (2) how to manage and balance eDiscovery issues that will inevitably arise in their practice, (3) the technology behind the legal issues that arise in the eDiscovery context, and (4) how best to apply traditional legal principles to the ever-changing technologies that continue to develop and contribute meaningfully to the legal discourse on eDiscovery through bi-weekly blog posts about new developments in the law.

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

Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice

back to top

Employment Discrimination (LABR8103)

3 credits. Lecture.

This course covers discrimination in employment because of race, gender, age, religion, national origin, and disability by first treating the three main theories of discrimination -- individual disparate treatment, systemic disparate treatment and systemic disparate impact. Second, special problems of discrimination, including sexual harassment, retaliation, reasonable accommodation of religious practices and disabilities and equal pay for equal work, are then studied. Third, the procedural and remedial rules of employment discrimination law are surveyed. The governing statutes include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, 42 U.S.C. section 1981 and the Americans with Disabilities Act.

back to top

Employment Law (LABR8106)

3 credits. Lecture.

 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.

back to top

Energy, Economics and the Environment (ENVR7603)

2 credits. Lecture.

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, nuclear, oil, coal and renewable energy (wind, solar, biomass, etc.) generation, transmission and energy distribution issues. The course will describe the role of the Federal Energy Commission, Regional Transmission Organizations, Nuclear Regulatory Commission and state public utility commissions and their statutory authorities. The course will provide an overview of the method of reimbursing utilities through rates. The materials will explore the policy issues associated with deregulation and its impact on energy prices. The course will include new state and federal policy tools to control CO2 emissions produced by energy generators and explore the legal issues associated with trading CO2 allowances. The class will review recent case law on the EPA Sox and Nox trading program. The course will cover three recent Supreme Court decisions involving energy (natural gas facility location, energy contract rights and EPA compliance with the clean air act. The course will review case law and administrative decisions of FERC and Commodities Futures Trading Commission regarding the impact that the over the counter derivative market has had on the price of natural gas because of the activities of hedge funds like Amaranth. The course will review market power and market manipulation in the Energy markets and the steps regulators have taken to prevent abuse of power including merger and acquisition review and conditions. The course will cover the latest developments in energy law and policy such as the impact the Japanese earthquake tsunami will have on the nuclear industry and th future of nuclear energy in the United States. Students will have the opportunity to tour an energy facility, and to submit research to the National Regulatory Research Institute.

back to top

English Legal History (HIPH7503)

3 credits. Lecture.

The course examines thirteenth century property law and civil procedure, including the rise of equity; it also examines the Tudor treason trials, and the rise and fall of freedom of contract together with the history of the legal profession.

back to top

Entertainment Contract Negotiation and Drafting (INDL9312)

2 credits. Seminar.

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.

back to top

Entertainment Law (INDL7305)

3 credits. Lecture.

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.

back to top

Entertainment Law (INDL7314)

2 credits. Lecture.

This course is designed to provide a survey of the often inter-twined legal and business issues encountered when structuring and negotiating transactions for clients in the motion picture and television industry. The material will be presented from the perspective of the practitioner representing clients involved with the production and exploitation of films and programs intended for initial exhibition primarily in theatres and on all forms of television. The course will examine the appropriate business entities to be utilized, and the various structures commonly employed to finance production, including distribution presales, network licenses, bank loans, completion bonds, tax shelters and various governmental subsidies. Major studio versus independent production will be discussed. Sources of revenue will be discussed, and the various forms of contingent compensation, including deferments and net, gross and adjusted gross participations. The course will also introduce the legal and business issues which are commonly encountered in connection with the acquisition of underlying literary properties, agreements for the services of producers, writers, directors and actors (including minors) including the impact of the guilds in connection with compensation, residuals, credit and related issues, and will examine agreements governing talent representation by agents and managers, including the laws under which they function. Various forms of legal protections afforded intellectual property will be examined, including under copyright, implied contract theory, rights of privacy/publicity and other statutory and common law approaches. Typical industry transactions will be discussed and the corresponding forms of contracts examined, with a view towards understanding the key issues involved, the positions customarily taken by each side and the compromises often reached. The goal of the course is to enable students to develop an informed and analytical approach to the practice of entertainment law.

Note: Students cannot apply both the summer course in Entertainment Law (INDL7314) and Entertainment Law (INDL7305) towards degree requirements.

back to top

Environmental Justice: Theory and Practice (ENVR7605)

3 credits. Lecture.

Environmental justice is a social movement founded in the synthesis of environmental and civil rights law and policy. This course will introduce students tot the concept of environmental justice, and will allow them to engage in an analysis of theories of causation, competing claims of evidence concerning the degree of environmental disparity based upon race and class, and theories of risk assessment.  the course will also provide grounding in the practice of environmental and land use law, including facility permitting, mechanisms to address contaminated properties, and litigation responses to claims of justice

back to top

Environmental Law (ENVR7601)

3 credits. Lecture.

This course provides a survey of the major federal laws pertaining to protection of all environmental media, including land, air, surface water and groundwater.  It covers the Comprehensive Environmental Response, Compensation, and Liability Act ("Superfund") and Resource Conservation and Recovery Act (the two "solid waste" programs), the Clean Air Act, and Clean Water Act, including wetlands protection.  The course also covers related government enforcement authorities, environmental auditing, and environmental justice issues.

back to top

Equal Justice Clinic (CLIN7192, 7193)

4 credits clinical component, 1 credit classroom component.

The Equal Justice Clinic handles a variety of cases addressing civil and human rights with a primary focus on ensuring disadvantaged groups equal access to justice. Through impact litigation and direct service cases, the clinic addresses immigrants’ rights, prisoners’ rights, and ethnic and gender-based discrimination. Students work closely with clinical faculty, interviewing and consulting with clients, corresponding with experts, researching and writing pleadings, and engaging in factual investigations. Through simulations and other interactive exercises, the seminar portion of the clinic focuses on the development and refinement of essential lawyering skills in the areas of client interviewing, counseling, and persuasive writing, while exploring topical issues and themes related to equality and justice. The clinic requires an average of fifteen hours per week in addition to the two-hour seminar, six hours of which must be worked as “office hours” in the Center for Social Justice. Students, who work in teams, also participate in weekly case review meetings. The clinic is open to day and evening students who are the equivalent of a third year day student.

The course is letter-graded for both the clinical and class components.

Prerequisites: Minimum Cumulative 2.60 GPA, Evidence, Professional Responsibility and Persuasion and Advocacy.

Note: Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

back to top

Estate and Gift Tax (TAXN8110)

3 credits. Lecture.

This course provides a critical analysis of the policy and substance of the system of wealth transfer taxation through a study of the leading cases, Revenue Rulings, the Code and Regulations; it includes a detailed consideration of estate and gift taxation, the generation-skipping transfer tax, and the 1990 estate freeze system of taxes.

Prerequisite: Federal Income Taxation and Property or Property I and II.

back to top

Estate Planning and Drafting (TAXN8115)

2 credits. Lecture.

Students will focus on the lawyer in an office practice and as counselor in the family community. Development of drafting skills will be emphasized in short drafting assignments throughout the semester. The course will cover the lawyer's ethical responsibilities, planning and drafting for wealth transfers by will and the alternatives, including gifting inter vivos, and drafting for beneficiary protection and to minimize gift, estate and generation-skipping taxes.  

Prerequisites: Estates and Trusts

back to top

Estates and Trusts (PROP7701)

4 credits. Lecture.

This course studies legal mechanisms for the transmission of wealth from one generation to the next. It includes: intestate succession and special problems of adopted and illegitimate children; protection of the family; wills, their execution and revocation; incorporation of unattested documents; republication and revival; will substitutes; trusts, their origin and nature; creation of trusts; transfer of beneficiaries' interests; termination of trusts; constructive and resulting trusts; charitable and honorary trusts; and policy determinants, emphasizing freedom of testation.

Prerequisites: Property or Property I and II.

back to top

Eugene Gressman Moot Court Competition (MTCT7152)

1 credit. Spring semester.

Students compete in brief writing and oral argument for the opportunity to represent the law school in the National Appellate Moot Court Competition. Course is graded on a Pass/D or Fail basis.

Prerequisite: Appellate Advocacy.

back to top

European Legal History (HIPH7509)

3 credits. Lecture.

Diversity within unity has become the central theme in Europe after the end of communism.  The European Community has made it possible to speak once again in terms of legal unity.  Much earlier, Europe shared a great degree of legal unity through the civil law of Rome and the canon law of the western church.  Together with feudal law, these texts provided a common law for Europe, called the ius commune, which spread during the Middle Ages from Bologna to France, Germany and Spain, making trade easy and shared values a given.  Partly through the upheavals of the various religious reformations and wars in Europe during the 16th and 17th centuries and the decline of the Christianized version of natural law philosophy, Europe broke up into factionalized groups with nation states embodying their national laws in codes during the 19th century.  More than nostalgia for lost unity was at stake.  Two world wars followed.  Then a more reflective Europe revived natural law in the European Court of Justice of the European Community.  The history of earlier European legal unity has once again become an exciting area for learning and comparison with these new achievements in Europe.  Reading representative legal texts, the class will explore the story of these origins, including merchant law, marriage laws, and equity as well as the deeds of great individuals. 

Note: Students cannot apply both this course and History of the Western Legal tradition (HIPH 7506) towards degree requirements.

back to top

European Union Business Law Seminar (INTL9602)

3 credits. AWR Seminar.

This seminar will concentrate on the basic legal rules of the common market and the constitutional structure of the European Union. The developing jurisprudence of the European Court of Justice will be analyzed with a particular focus on the free movement of persons, both the rights of workers and establishments, to be free of discriminatory tax obstacles. The seminar will also explore special topics such as company law, trade law and the Treaty articles on state aid. U.S. constitutional principles are compared throughout the course. We will be joined by distinguished guest lecturers from the EU Council, Max Planck Institute for Intellectual Property, Competition and Tax Law (Department of Accounting and Taxation) in Munich and a Professor at Munich University. This course fulfills the requirement of EU law and an EU paper that is necessary for application to the European Court Externship Program.

back to top

European Union Law (INTL7608)

3 credits. Lecture.

The European Union is the largest trading partner of the U.S., and the growth of multinational and integrated business activities between two continents has a substantial impact on the practice of law in this country. This course provides a basic foundation for understanding an entire legal system which has been developed in modern times. It studies the institutions and legal principles which govern this regime, some of which have been borrowed from the American experience and some which are still in the process of formulation.

back to top

Evidence (PRMD7201)

Second year day or evening. 3 credits. Lecture.

This course analyzes the regulation of proof in judicial proceedings. It includes: burdens of production and persuasion; judicial notice; presumptions; relevance and its counterweights; the fundamental requirements for admission of testimonial, documentary and non-testimonial evidence; the nature and function of expert testimony; the hearsay rule and its exceptions; character evidence; rules of preference; fixed rules of relevance, and rules of exclusion based on non-inferential policies. (Evidence in Practice and in Depth also satisfies the Evidence requirement).

Note: Students cannot apply both Evidence (PRMD7201) and Evidence in Practice and in Depth (PRMD7205) towards degree requirements.

back to top

Evidence: Theory and Practice (PRMD7205)

6 credits. Two semesters. Lecture.

This full-year course provides an alternative to the basic evidence course for those who plan to do trial work, or those who want a more complete coverage than is possible in the three credit course. A single grade will be given for the course, but it will be derived from at least two anonymous grading exercises.

NOTE: Students cannot apply both Evidence: Theory and Practice (PRMD7205) course and Evidence (PRMD7201) towards degree requirements.

back to top

Exoneration: Special Problems of Representing the Convicted Innocent (CRJU7415)

1 credit. Lecture

The course introduces the students to the special legal and practical problem involved in developing and litigating a post-conviction case of factual innocence, most particularly the problems of fact investigations, the problems of dealing with waivers and defaults of claims and grounds at various stages in the proceedings, burdens of proof, the problems of coordination involved in schemes of state post-conviction remedies and federal habeas corpus, and the necessity of linking dehors-the-record exculpatory factual allegations to all possible legal claims (newly discovered evidence, actual innocence, and the “constitutional” claims of ineffective assistance of counsel and “Brady” violations). The class will study two significant cases from 2002, in which Federal judges, asked to consider compelling claims of “actual innocence” on applications for writs of habeas corpus, believed they were not authorized under Herrera v. Collins to entertain the “freestanding” claim of actual innocence, but nevertheless wrote opinions that led eventually to relief for the petitioners, one of them on a renewed effort in state court.  The class will then go on to study the implications of a more recent case, that of Troy Davis, in which the Supreme Court remanded for an “actual innocence” hearing, and the District Court subsequently held explicitly for the first time that there is a “freestanding” claim of actual innocence under the United States Constitution.  The class will compare the Herrera and Davis cases (in which the evidence of innocence was very weak) with the New York cases of People v. Bermudez, People v. Rojas, and Rosario v. Ercole (in which the evidence of innocence was very strong), and draw litigation lessons from the comparisons. A prior course in post-conviction remedies would be helpful but not required.  In addition, a prior class in post-conviction remedies should not be a bar to taking the course, since the material will be beyond the coverage of that class, and will be covered from a very different perspective.  1Ls would be able to take this course, since a light-touch introduction to the Constitutional issues is all that will be required to understand the special problems of the innocent in the context of post-conviction procedures.

back to top

Expert Witnesses (PRMD9211)

3 credits. Seminar.

This seminar explores the use and limits of expert testimony including but not limited to the testimony of scientists, social scientists, forensic experts and other less formal sources of knowledge. The law of expert testimony is expanding exponentially and thereby causing radical changes in the rules of evidence. Students will study relevant principles of evidence and the origins and basis of key areas of expert testimony. For each area of expertise, the seminar will study origins, the history of its admission, use in the courtroom, the effect of the recent changes in the rules of evidence and the point of view of both the proponent and the opponent. Each student will write a paper and give a presentation on a selected area of expertise. Some of the areas to be studied may include: Ballistics, toolmark identification, fingerprint identification, neutron activation analysis, questioned documents, spectrographic voice identification, narcoanalysis and hypnosis, odontology and DNA, and hair follicle identification.

Prerequisite: Evidence.

back to top

Family Law Clinic (CLIN7182, 7183)

4 credits clinical component, 1 credit classroom component.

The Family Law Clinic provides students with the opportunity to develop practice skills and an intensive understanding of various areas of family law practice. Students serve as counsel to clients in divorce and restraining order cases from original interview through final judgment. They are supervised in their activities by the clinic's attorneys, but have primary responsibility for the conduct of the case. Students draft all pleadings and make court appearances on behalf of their clients. The clinic offers training in techniques of advocacy and in legal ethics as well as providing an important service to those who would otherwise be unable to afford legal representation. The clinic is open to day and evening students who are the equivalent of a third year day student.

The course is letter-graded for both the clinical and class components.

Prerequisites: Minimum Cumulative 2.60 GPA, Evidence, Professional Responsibility, Family Law, Marriage and Divorce and Persuasion and Advocacy.

NOTE: Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

 

back to top

Family Law, Marriage and Divorce (PRFM7001)

4 credits. Lecture.

This comprehensive survey course deals with the laws of marriage, divorce, and their incidents--formation and dissolution; alimony, support and custody; jurisdiction; procedure and enforcement. The course also addresses child welfare laws and adoption.

back to top

Family Mediation (PRMD9216)

2 credits. Lecture/Skills. (1 credit is counted towards the 15 credit limit on Skills and Self-Directed Work Study.)

In this participatory course, offered in an intensive five-day format, students will examine the art of mediation in the context of family law, with a focus on divorce and parenting issues. Professor Elizabeth Vinhal will utilize her knowledge of family law and expertise in clinical education to introduce the salient aspects of family mediation including ethical best practices, the evaluative/facilitative dichotomy, gender/socio-economic power imbalances and mediator certification. Prof. Maurice Robinson will draw upon his professional mediation experiences as both a party representative and third-party neutral. He will facilitate experiential learning through the design and orchestration of student fishbowl exercises, demonstrations and role plays to elucidate the guiding principles in the field of interpersonal conflict management.

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

back to top

Federal Courts (PRMD7203)

3 credits. Lecture.

This course studies selected problems involving federal courts, including: the constitutional basis of federal jurisdiction; the judicial role in the separation of powers doctrine; the jurisdictions of the Supreme Court; the federal courts of appeals and the federal district courts; supplemental jurisdiction; conflicts and tensions between federal and state courts; and "Our Federalism" and other aspects of federal court abstention.

Prerequisites: Constitutional Law or Constitutional Law I and II.

back to top

Federal Criminal Law (CRJU7404)

3 credits. Lecture

This course provides an in-depth study of corporate and white-collar crimes, including: RICO; mail fraud; federal drug offenses; criminal tax enforcement; bank secrecy statutes; false statements to law enforcement agents; criminal civil rights statutes; obstruction of justice; Hobbs Act; Mann Act; securities fraud; environmental crimes; workplace death and injury; and choice between federal and state prosecutions.

Prerequisite: Criminal Law

NOTE: Students can only apply either Federal Criminal Law (CRJU7404), White Collar Defense (CRJU7402) or White Collar Prosecutions (CRJU 9421) towards degree requirements.</>

back to top

Federal Income Taxation (TAXN7112)

Second year day or third year evening. 3 credits. Lecture.

 This course provides a general introduction to the federal income tax, emphasizing the taxation of individuals.  Topics include the history, structure and methodology for interpreting the Internal Revenue Code, as well as fundamental concepts of tax policy.  Basic concepts explored include:  gross income; deductions; exclusions from income; credits; deferment of income; and capital gains and losses.

back to top

Federal Regulation of International Trade (INTL8610)

2 credits. Lecture.

 This course investigates contemporary problems in International Trade from the perspective of a private practitioner. It will study in-depth the major international unfair trade statutes including anti-dumping, countervailing duty, and the Escape Clause provisions of the General Agreement on Tariffs and Trade. The seminar will consider the Export Administration Act of 1985, and the International Traffic in Arms Regulations. Specific attention will be given to the violation provisions of the General Agreement and methods of classifying imported merchandise. The seminar will also consider criminal and civil enforcement remedies and the jurisdiction of the Court of International Trade over import disputes.

back to top

Film Law (INDL8315)

2 credits. Lecture.

The course will give students a guided tour of motion picture law and marketing by tracking the legal life cycle of an independent film though stages of development, pre-production, post-production, and distribution.  Class topics include: protecting movie pitches, screenwriting agreements and options, cast and crew contracts, copyrights and trademarks, music licensing, distribution agreements, and other key areas affecting filmmakers.

The class will emphasize hands-on learning by providing students with opportunities to engage in mock negotiation, contract drafting, intellectual property, issue spotting, and dialogues, with industry professional guest lecturers.

Prerequisites: Entertainment Law or Copyright.

back to top

Financial Institutions (CORP8138)

3 credits. Lecture.

This course provides an overview of the regulation of the banking and financial services industry.  The class will situate bank regulation in the broader context of other financial institutions, including investment funds, broker-dealers, and insurance firms, and in the context of other national, regional and international approaches to regulation finance. In addtion to covering U.S. banking law basics - safety and soundness, activities and affiliation restrictions, geographic limit, deposit insurance and supervision - the class will consider issues in central banking, resolving complex financial conglomerates, cross-border regulatory cooperation, institutional design for regulating finance, and financial crisis response.

Prerequisite: Business Associations

back to top

First Amendment in the Twenty-First Century, The (PUBR9184)

2 or 3 credits. Seminar.

This seminar explores the First Amendment's free speech guarantees in the context of new avenues of communication. It considers whether and to what extent the government can and should regulate communication, asking what is "speech" and what is a "public forum" in modern society. The seminar will examine the struggle to apply an 18th century clause to such modern institutions as the modern shopping mall, the Internet, and cable television, in order to create a fuller understanding of the applications of the First Amendment as the United States moves forward into the twenty-first century.

Prerequisites: Constitutional Law or Constitutional Law I and II.

back to top

First Amendment Values (PUBR9182EM)

2 credits. Seminar.

This seminar examines the first amendment rights of free speech, freedom of the press and freedom of association.  Analysis of landmark U.S. Supreme Court rulings and scholarly commentary will provide the basis for exploring the theoretical antecedents as well as contemporary applications of libel law, hate speech, political speech, campaign finance law, cyber-speech, pornography, obscenity, symbolic speech, freedom of the press, the conglomerization of the media, freedom of assembly and freedom of association.  Students will write an in-depth research paper as well as several short commentaries.

Prerequisite: Constitutional Law or Constitutional Law I and II

back to top

First Amendment, The (PUBR7908)

3 credits. Lecture.

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.

back to top

Food and Drug Law (HLTH8500)

3 credits. Lecture.

This course provides an overview of the laws and regulations of the Food and Drug Administration that restrict the sale of unsafe, deceptive or unproven foods and drugs. The pre-market approval system governing drugs will be examined along with the debate about the length of testing. Other topics include the prescription status of drugs, consumer advertisements, and the impact of commercial speech protections. Major issues concerning food regulation are considered such as the appropriateness of a no-risk policy for carcinogens and the use of biotechnology in foods. The justification for the deregulation of dietary supplements will also be explored. The course aims to provide students with an understanding of the principal regulatory means used by the agency, such as rulemaking, and court enforcement. In addition students will be able to consider the appropriateness of schemes based on disclosure and those that impose additional restrictions.

back to top

Force and Fraud in Criminal Law (CRJU9407)

3 credits. Seminar

Force and fraud are the mechanisms of all malicious acts, according to Dante, but they are also cardinal virtues in the exercise of political power, according to Machiavelli and Hobbes.  Today, force and fraud are at the core of the substantive criminal law, and at the core of law's enforcement mechanisms.  This seminar examines force and fraud from both perspectives.  Approximately the first half of the course will be devoted to the substantive criminal law.  Topics include: the types of physical force that are criminalized; the classification of offenses as "violent"; perjury and other forms of criminalized lying; theft-by-deception in contrast to theft-by-force; rape-by-deception in contrast to rape-by-force.   Approximately the second half of the course will be devoted to methods of law enforcement.  Here, topics include: the use of physical force by police officers and prison officials; undercover policing; "testilying" (police perjury); and interrogation techniques that employ either physical force or deception.  Students will be asked throughout the course to reflect on the relative vices – or virtues – of force and fraud. 

Prerequisite: Criminal Law

back to top

Foundations of Intellectual Property Law and Policy (INDL9328)

3 credits. Seminar.

This seminar examines the foundations and policies underlying intellectual property law.  It considers how and why patent, trademark, and copyright law are similar to and different from one another, the reasons for protecting exclusive rights to intangible creations, and when the public should have unrestricted access to inventions, artistic creations, and source-indicating symbols.  The focus is on completing an AWR paper on any intellectual property topic related to patent, trademark, or copyright.

back to top

Gaming Law (INDL7325)

2 credits. Lecture.

The course is a comprehensive study of the law relating to gaming activities with an emphasis on the laws, policies, and procedures that have developed through court decisions and the regulatory activities of the administrative agencies. In addition, the course will provide an overview of public policy issues, the federal role in regulation of gaming, the economics of gaming, the creation of gaming control systems, the licensing process, gaming contracts and gaming crimes. The course will also explore the nature of the eveil sought to be addressed in gaming laws and regulations, will examine the leading approaches to the regulation of gaming, and will deal with some of the current issues in gaming law.

back to top

Gender and the Law (PUBR9188)

3 credits. Seminar.

This seminar examines gender-based bias in several areas of the law including: spousal abuse; rape; employment discrimination and affirmative action; marriage, divorce and child custody; privacy; and international conventions concerning discrimination. The impact of feminist jurisprudence on the study and development of law will be assessed.

Prerequisites: Constitutional Law or Constitutional Law I and II.

back to top

Health Care Finance (HLTH8504)

2 credits. Lecture.

The financing of health care is a fundamental aspect of the U.S. health care system. Health care finance has grown and changed over the years and has become an increasingly complex and confusing mix of fragmented private and public mechanisms. The extent and rapidity of the changes that have taken place have created a number of problems which relate to such basic issues as: who provides care, where it is provided, what incentive exists, and who receives services. This course examines and explores the current issues and problems in health care finance policy and offers an in-depth study of the finance dimensions of specific topics (e.g., politics and players in health care financing: government, providers, payers and consumers; reimbursement methodologies; regulating and rate setting; ect.).

back to top

Health Care Fraud and Abuse (HLTH8505)

2 credits. Lecture.

The complex business of health care finance and delivery is increasingly structured by reference to an array of federal regulatory and statutory requirements. Attorneys reviewing relationships among the providers and between providers and payors must be familiar with the anti- kickback laws, the False Claims Act, Stark I & II, and RICO. This course examines the application of those laws in the context of commercial relationships, regulatory reviews, and criminal investigation and prosecutions. It also examines the burgeoning area of corporate compliance programs.

Prerequisite: Health Law I

back to top

Health Data Analysis & Advocacy (HLTH9511)

3 credits. Seminar

This seminar will train law students in quantitative and analytic skills related to law enforcement and advocacy. Though many of our examples will relate to cutting edge health law enforcement and compliance, we expect that students in nearly any regulatory or litigation context will find the skills taught both transferable and useful. Substantively, the seminar will focus on fraud and abuse detection tools and methods used by public and private health insurers. Procedurally, the seminar will train students in skills of data analysis, basic statistical and quantitative methods, and data visualization. Skills such as text summarization, chart drafting, and spreadsheet management will be explained and practiced. The course will feature examinations of the intersection of health care law with e-discovery and computational legal analysis. The seminar will aim to enable students to: (1) excel as uniquely technically qualified attorneys at traditional firms; (2) leverage unique skill sets to compete for positions in compliance departments, revenue cycle management departments, and quality control divisions; and (3) understand cutting edge law enforcement tactics that will prove increasingly important in a world of predictive policing and algorithmic assessments of threats.

back to top

Health Information Privacy & Security (HLTH7518)

2 credits. Lecture

HIPAA applies directly to health plans, health care clearinghouses, and most health care providers ("Covered Entities.") It also applies to companies servicing these covered entities and accessing protected health information ("Business Associates.")  . The main focus of the course will be on the HIPAA regulatory framework, which is the foundation for federal protections of health information.

 


 

back to top

Health Information Privacy and Innovation (HLTH9530)

3 credits. Seminar.

This course will focus on the uses (and misuses) of health information compiled about patients, insureds, research subjects, and populations. Medical privacy law has focused on assuring the privacy, security, and accuracy of medical data. The post-ARRA and post-ACA landscape will include more concern about balancing privacy, innovation, access, and cost-control. The course will also examine the legal aspects of data portability, integrity, and accuracy. When two health records conflict, which takes priority? What is “meaningful use” of an electronic health record under ARRA, and how will regulators and vendors assure interoperability between medical records systems? The course will also cover innovators’ efforts to protect their health data systems using contracts, technology, trade secrecy, patents, and copyright, and "improvers'" efforts to circumvent those legal and technological barriers to openness. We will also examine pharmaceutical companies’ past and present strategies regarding the disclosure of their research, including non-publication of adverse results and ghostwriting of positive outcomes. Will a “reproducible research” movement, popular in the hard sciences, reach pharmaceutical firms? After covering provider data, we will turn to insurer data, including trade-secret protection of prices paid to hospitals, conflicts over the interpretation of disclosure requirements in the ACA, and state regulation of insurer-run doctor-rating sites. Post-HCQIA quality improvement programs will also be examined. All students will be required to write a comment on a current rulemaking on health records, data, or privacy (at agencies like FDA, HHS, or state health departments). They may incorporate the comment (with proper editing) into an AWR paper at their discretion. The course will emphasize creative, critical thinking about using state and federal law and regulation to advance clients’ interests and the public interest.

back to top

Health Law (HLTH7503)

4 credits. Lecture.

This survey course introduces students to the major legal and policy issues surrounding the provision of health care. Topics include the organization and governance of nonprofit hospitals and other health care organizations, financing of care through public and private insurance programs, health care fraud and abuse, quality control in health care, confidentiality of medical information, informed consent, reproductive health care, medical decisions at the end of life, and medical research with human subjects.

back to top

Health Law and Governance (HLTH9525)

3 credits. Seminar.

This seminar will explore the rise of new forms of governance and regulation and their implications for legal interventions in health care. Governments and international organizations around the world have begun to use new tools and processes to achieve public policies. These may involve the use of broad standards instead of fixed rules; rely on networks of policy makers, experts, stakeholders, non- government organizations, and patients for decision-making; and employ measurement and monitoring in place of mandates and sanctions. The goal is to consider different types of governance that are problem solving rather than controlling, coordinating rather than mandatory and bottom-up rather than top-down. The seminar provides an opportunity to learn about health law and governance in the context of analyzing case studies in using alternative regulatory approaches to contemporary health issues. The seminar will open with three classes that discuss theoretical and legal perspectives on health law and governance. Each student is expected to submit a two-page response paper to one of the three introductory classes. The remaining classes will use “case problems.” Each student will be expected to choose a case problem and present an analysis of alternative regulatory and governance approaches in class. Each case problem is based on the materials assigned for the course and solutions proposed will vary with the type of issue and the attitudes and interests of the student. All students are expected to actively participate in class discussions.

back to top

Health Law for MSJs I: Health Care Organizations (HLTH7515)

3 credits. Lecture.

 This course will examine the means by which patients gain access to health care and through which sponsors of health coverage organize and compensate health care providers. It will include a study of private and public means of health insurance and different types of third party payors, including Medicare, Medicaid, and managed care organizations. The class will also survey the organization of hospitals and other health care entities and introduce students to the issues, laws, regulations and accreditation standards essential to understanding the structure and permitted functions of health care entities. The course will introduce students to the physician-patient relationship, which includes studying the confidentiality of medical information, informed consent, and the standard of care used for malpractice actions.

NOTE: This course is available only to students in the MSJ program. 

back to top

Health Law for MSJs II: Patient Rights and Public Health (HLTH7517)

2 credits. Lecture.

This course will examine the major legal and ethical issues surrounding patients' rights and varied approaches to medical practice and research. Topics will include medical decisions at the end of life, procreative rights and parenting issues, and the use of human subjects in medical research and drug development. The course will also examine alternative medicine and the means by which medicine is regulated. The class will also introduce students to a variety of public health issues.

NOTE: This course is available only to students in the MSJ program.

back to top

Health Policy and Professional Development (HLTH7525)

2 credits. Lecture.

This seminar focuses on understanding the formation of health policy and how it relates to one's personal development and professional advancement within an organization. Students will explore the dynamics of policy process and formation as they relate to specific health care issues facing our society today, while gaining an understanding of the interplay between those issues and the missions of various health care industries. Emphasis will be placed on ways to become involved in the policy process within various health care industries, the governmental institutions that regulate those industries, and related professional associations. The organizational structures, cultures, behaviors and politics of these entities, and potential opportunities for career advancements within or through them will be considered. The importance of developing one's management and leadership skills to achieve professional goals in an ethical manner will be discussed.

Note: For MSJ students only.

back to top

HealthCare Compliance Certification Program (HLTH7405)

2 credit. Lecture.

This innovative Healthcare Compliance program is a four day, full-time program for health law students, compliance officers and lawyers working in the health and life sciences industry. The program provides grounding in health care fraud and abuse and an overview of the myriad laws governing the pharmaceutical and medical device industries. Faculty for this program includes high-level government, private lawyers and in-house counsel who are expert in pharmaceutical and device fraud and abuse issues. Health Law faculty participate in each semi-annual session.

Prerequisite/Co-requisite: Health Law
Recommended: Health Care Fraud and Abuse

back to top

HealthCare Reform (HLTH9523)

3 credits, Seminar

This seminar will explore the history, rationale for, and effect of health reform legislation. The class will focus on any legislation that has been adopted by Congress by the beginning of the semester; if none has passed, the class will examine the several proposals that cleared House and Senate Committees at the end of 2009. Students will critically analyze many of the significant legal and regulatory changes wrought by the legislation, including insurance market reforms, the public option, Medicare reform, Medicaid expansion, and delivery system reform. A central theme will be the interplay of the new law with established legal doctine in areas such as fraud and abuse, nonprofit corporate law, exempt organization law, antitrust, and insurance regulation. In addition, the class will evaluate the distributive and fiscal effects of taxes and other methods of paying for expanding coverage.

Prerequisite: Health Law (co-requisite for students with background in health care)

back to top

HIPAA and Health Privacy (HLTH7504)

2 credits. Lecture

This course provides a comprehensive analysis of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) health privacy provisions, and the HITECH ACT (Health Information Technology for Economic and Clinical Health Act), which pose substantial technology and privacy requirements for health plans, health care providers, and their business associates. Topics include HIPAA's administrative simplification provisions, the Privacy Rule, the Transaction Rule, the Security Rule, and the HITECH Act breach notification provisions. Practical experience will be offered in drafting HIPAA business associate contracts and learning how to manage clients and formulate an effective transactional negotiating strategy in this context. There is very little case law in this area, as a result, the course focuses heavily on developing in-depth knowledge of the overall statutory and regulatory regime. This course also involves role plays and experiential learning exercises including substantial student interaction.

back to top

History of Legal Thought (HIPH7515)

2 credits. Lecture.

This course on the History of Legal Thought begins with ancient near eastern law (Hammurabi's Code and ancient Israel) and spends some time on the Greeks and Roman law. Then we turn our attention to the gift and barter economy, Aristotle and Aquinas, St. Francis, the idea of the corporation, property, contracts, criminal and international law and some modern approaches to legal thought. Original sources will be included in the reading with almost every topic.

back to top

Human Reproduction and the Law (HLTH7529)

2 credits, Lecture

This course will analyze the way that the law protects, limits and regulates the process of reproduction.  It will review the possible definitions of personhood, the legal and ethical issues surrounding the recognition of human life, legal regulation of contraception, sterilization and abortion, "conscience" clauses in law, the law regulating assisted reproduction (including in vitro fertilization and related techniques, gestational surrogacy and cloning), fetal maternal decision-making, legal determination of parenthood and the distribution of the rights of parenthood, legal issues in human genetics, and the legal issues surrounding population control.

back to top

Immigrants' Rights/International Human Rights Clinic (CLIN7190, 7191)

4 credits clinical component, 1 credit classroom component.

The Immigrants’ Rights/International Human Rights Clinic represents people from all over the world who are in need of protection from persecution, trafficking and torture. In addition to representing clients before asylum officers and in Federal Immigration Court, students may also represent clients in appeals to the Board of Immigration Appeal, the Second and Third Circuits, or the Inter-American Commission on Human Rights. Students may also be engaged in human rights reporting and fact-finding as well as comparative law and human rights projects. They also assist immigrant victims of domestic violence and other crimes in seeking visas to grant them legal status to remain in the United States. Another key aspect of the clinic is providing assistance to day laborers in the greater Newark area. The classroom component combines trial skills with substantive immigration law. The law clinic is open to day and evening students who are the equivalent of a third year day student.

The course is letter-graded for both the clinical and classroom components.

Prerequisites: Minimum Cumulative 2.60 GPA, Evidence, Professional Responsibility and Persuasion and Advocacy.

Note: Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

back to top

Immigration and Naturalization (PUBR7902)

3 credits. Lecture.

This course examines the constitutional basis for regulating immigration into the United States; the history of United States immigration law and policy; grounds for admission and removal of immigrants; refugee and asylum law; the criminalization of immigration law; immigrants’ rights in the workplace and to access education and public benefits; and citizenship and naturalization. In light of the globalization of the economy and the increasing significance of immigration matters and consequences, familiarity with basic immigration law is essential for practice in areas including civil rights law; criminal law; employment and labor law; family law; and international law. In addition to lecture and working with problems, this class incorporates a practical skills component by having students engage in oral arguments; draft legislation; and observe hearings in federal immigration court.

back to top

Impact Litigation Clinic (CLIN7184, 7185)

2 credits clinical component Fall semester. 2 credits clinical component Spring semester. 1 credit classroom component Spring semester.

Each Impact Litigation Clinic student briefs and argues an appeal in federal court over the course of a semester. The United States Court of Appeals for the Second Circuit appoints the Impact Litigation Clinic to represent indigent, pro se litigants in federal appellate cases that raise noteworthy legal issues. Cases include a range of subject areas such as employment and housing discrimination, police brutality, and unconstitutional prison conditions. Students work closely with clinical faculty, reviewing the trial court record, preparing the appendix for appeal, consulting with the client, researching and writing the appellate briefs, and preparing for oral argument. At the end of the semester, each student argues her case before the Second Circuit. Both the clinical and classroom component of the course address the legal rules and strategic considerations involved in the appellate process; the course focuses more generally on advanced legal research, analysis and writing, and preparation for effective oral advocacy in the courtroom. The clinic is open to day and evening students who are the equivalent of a third year day student.

The course is letter-graded for both the clinical and class components.

Prerequisites: Minimum Cumulative 2.60 GPA, Evidence, Professional Responsibility and Persuasion and Advocacy.

Note: Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

back to top

Independent Research (WRTG9142)

2 credits.

 

This offering consists of faculty-directed research for one semester on a topic approved by a faculty member supervising the research and by a committee of the faculty. The resulting paper must be a minimum of 40 pages and is required to meet law review student publication standards. It must be defended before the Independent Research Committee. A student seeking to enroll in Independent Research must receive the consent of a full-time faculty sponsor and the Independent Research Committee prior to enrollment. Those students interested in registering for Independent Research must obtain the appropriate form from the Registrar's Office and return it with the required signatures before being permitted to register for the course. Registration must be completed no later than the Drop/Add period of the semester in which the course is taken.

NOTE: This course can only be taken once and is not open to first year and second year evening students.

 Prerequisites: Minimum Cumulative 3.00 GPA and good academic standing.

back to top

Information Privacy Law (INDL7304)

3 credits. Lecture.

In recent years new information technologies have greatly transformed our everyday lives. The effects of these technologies on our personal privacy have become a particularly pressing matter under constant scrutiny in both the popular discourse and the law-making process. This course will focus among other topics on: (1) Internet privacy, including issues related to anonymity, commercial profiling and spam; (2) Health and genetic privacy, including issues relating to medical records, confidentiality of physician-patient relationships, DNA databases and genetic discrimination; (3) Law enforcement privacy, including issues related to wiretapping, surveillance, and counter-terrorism and post 9/11 reactions. In the course we will examine the effect of technological change on our social conceptions of privacy and evaluate the legal reactions to these changes.

back to top

Insurance (COML7123)

2 credits. Lecture.

This course considers the role of insurance in American society, emphasizing: the nature of the insurance contract, including standard clauses; the notion of wager and insurable interest; concealment; representation; contributions; warranty; illegality; waiver; estoppel; and subrogation. It examines both common law principles and state supervision and regulation of the insurance industry.

back to top

Intellectual Property (INDL7301)

3 credits. Lecture.

This course is a survey of the law of patent, copyright and trademark. It serves as an introduction to the scope of protection of ideas and creation of legal monopolies and provides a foundation in the area for those who intend to undertake further training in more specialized areas of proprietary rights.

back to top

Intellectual Property and Global Justice (INDL9330)

3 credits. Seminar

Intellectual Property and Global Justice: This seminar will focus on the relationship between intellectual property and global justice. The first segment of the semester will provide an in-depth analysis of theories of intellectual property rights (“IPRs”) and a thorough review of the international intellectual property system. The class will then consider how IPRs relate to access to essential medicines, access to scientific and technological knowledge, cultural property, and global institutional frameworks, particularly as these issues connect to the benefits and burdens of IPRs on global public health.

Recommended: Intellectual Property, Copyright or Trademark and Unfair Competitions.

back to top

Intellectual Property and Global Public Health (INDL9329)

3 credits. Seminar.

The seminar will consider the intersection of intellectual property rights and global public health.  Issues to be discussed may include, for example, the impact of patents on access to essential medicines, compulsory licensing and pandemic preparedness, proprietary and open access publishing models for scientific and technological information, economic incentive theory and healthcare innovation, biodiversity and the protection of indigenous genetic information, and the relationship between intellectual property and healthcare finance. Students will be required to participate in discussions of weekly readings and to submit a paper on a topic, to be approved by the professor, related to the themes of the course.

Recommended: Intellectual Property, Copyright or Patent Law

back to top

Intellectual Property Licensing (INDL8317)

2 credits. Lecture.

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.

back to top

International and Comparative Family Law (INTL9617)

3 credits. Seminar.

Family law practitioners increasingly advise clients who reside abroad and/or U.S. residents who married, divorced, or had children while living abroad. This seminar explores issues in family law from an international and comparative perspective. It compares and contrasts family law in Canada, Israel, Western Europe, East Asia, and Africa, among others, to the U.S., focusing on international treaties and conventions on marriage, divorce, adoption, domestic violence, child support, and child abduction.

Prerequisite: Family Law, Marriage and Divorce

back to top

International and Comparative Intellectual Property Law Survey (INDL7317)

3 credits. Lecture.

This course examines the international intellectual property system and will cover the major intellectual property conventions and treaties, including the Berne and Paris Conventions and TRIPS. Highlighted will be the differences in the philosophy and application of intellectual property principles across various national jurisdictions, with particular attention to differences among the United States, Europe and Asian countries. In addition, the class will examine the various means of securing intellectual property rights across national borders. Finally, social and policy issues raised by the current international structure, including an examination of the WIPO Development Agenda, the proposed Access to Knowledge treaty, and issues relating to patents on essential medicines will be covered.

back to top

International Business Transactions (INTL8602)

2 credits. Lecture

International business transactions are business transactions that are transactional in character. The transnational aspect typically arises from the fact that (1) the transacting parties operate in or from different national jurisdictions; (2) the transaction involves the movement of goods, services, technology or capital across national boundaries; or (3) the transaction, where it occurs between parties in one country, has legally significant extraterritorial effect in another country. The course is designed to give students a broad overview of the law - domestic, foreign and international - governing international business transactions. Students will be introduced to the contractual and regulatory issues and risks that confront private parties in a variety of transnational transactional settings, including the settlement and resolution of disputes that may arise in such transactions. The transactions that form the subject matter of the course include documentary international sales, agency and distributorship agreements, licensing, foreign direct investment, international mergers and acquisitions, joint ventures, and natural resource development.

back to top

International Criminal Law (INTL9615)

3 credits. Seminar.

This seminar covers the dynamic and rapidly growing field of international criminal law. Traditionally, international crimes related to universally condemned practices, such as piracy or the slave trade. However, advances in technology and communications, as well as increased transnational mobility, have led to new categories of conduct being recognized as international crimes and a new approach towards transnational justice. The seminar will focus on key topics in international criminal law, including the modern development of the law of war; the creation of war crimes tribunals from Nuremberg to the present; the emergence of a permanent International Criminal Court; and the challenges posed by transnational crimes such as terrorism and drug trafficking.

back to top

International Environmental Law (INTL9603)

2 or 3 credits. Seminar.

This seminar examines the developing international controls on activities affecting the world's environment. It begins with a brief overview of environmental law and of international law. It then considers the evolving legal mechanisms for addressing environmental issues. Topics for discussion include: the domestic environmental laws of other nations; bilateral and regional treaties governing environmental problems such as acid rain and endangered species; and the role of the United States and international organizations in regulating trans-boundary pollution. The course will also discuss the relationship between environmental obligations and free trade, as evidenced by the North American Free Trade Agreement and the General Agreement on Tariffs and Trade.

Recommended: Environmental Law or International Law.

back to top

International Environmental Law and Policy (ENVR7609)

2 credits. Lecture.

The course is designed to provide students with practical knowledge that will assist them in serving clients in the increasingly global marketplace. It will emphasize subjects that will be relevant not just for those focusing on environmental law, but to a broad cross-section of legal practices, including litigation, business law, securities law and trade law. In addition to general theory and policy, the course will cover: global climate change, including an analysis of the evolving international greenhouse gas regulatory regimes as well as the anticipated legislation to be enacted by the incoming administration for the regulation of greenhouse gas emissions -- regimes and legislation that are expected to affect a broad cross-section of the global economy and will impact areas of legal practice; the making of international environmental law, including treaties and customary international law principles; the global reach of US environmental laws; international trade and the environment; the role of multinational corporations in the formulation of environmental law and policy at the international level , as well as international corporate environmental standards by multinational corporations; the imposition of global environmental standards on international projects by multinational lenders (e.g. the World Bank and the IFC) and, increasingly, private lenders.

back to top

International Law (INTL8600)

4 credits. Lecture.

This course is an introduction to public international law as applied between independent states and in national courts. It includes selected problems in the sources, development, authority and application of international law; the law of treaties; recognition; territory, nationality, jurisdiction and immunities; the United Nations and other international organizations; international protection of human rights; state responsibility and international claims, and aspects of the law of war.

back to top

International Oil and Gas Law (Offered in Cairo Program only) (INTL8613)

2 credits. Lecture.

This course will provide students the opportunity to become more familiar with issues in international oil and gas law. Students will study in detail the use of oil and gas contracts and how poor drafting will affect each party's rights and obligations. The course will pay specific attention to the contractual and regulatory environment in the Middle East. An understanding of oil and gas law, particularly in the Middle East can be of significant importance in the determination of public policy, diplomacy, international relations, and international commerce.

back to top

International Tax Planning (TAXN8120)

2 credits, Lecture

This course considers the basic principles and policies governing the U.S. taxation of international transactions using a problem-oriented approach.  Students will analyze various problems from the perspective of an attorney responsible for advising American individuals and corporations earning income abroad.  Some consideration will be given to the perspective foreign interests that receive income from the U.S. sources, but the primary focus will be on outbound transactions.

Prerequisite:  Federal Income Taxation

back to top

Internet Law (INDL8309)

3 credits. Lecture.

This course surveys legal issues related to the use and misuse of global electronic networks including the Internet. Topics to be discussed include: regulation of digital content; privacy and control of personal data; legal and constitutional implications of public key infrastructure; and regulation of electronic commerce.

Recommended: Intellectual Property.

back to top

Interscholastic Moot Court Competitions (MTCT)

1 credits.

Under the guidance of the Director, students participate in various interschool moot court competitions, including the National Moot Court Competition as well as such competitions in corporate, constitutional, family, intellectual property, environmental, evidence, health, and criminal law. Students must receive an invitation onto the Board from the Director through their participation in either the Ronald J. Riccio First-Year Moot Court Competition or the Eugene Gressman Intrascholastic Competition. Students must be a member of the Board in order to compete in an interscholastic moot court competition on behalf of Seton Hall School of Law. Students who are selected to represent Seton Hall must research the problem, draft a competition brief, participate in numerous practice oral arguments, and represent Seton Hall at the competition. Course is graded Pass/D or Fail.

back to top

Islamic Jurisprudence (HIPH7517)

2 credits. Lecture.

This course introduces the student to the history, sources and methodology of Islamic Law and Jurisprudence (The Shrari'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 seminar will use a historical perspective, tracing the development of the Islamic Science of Jurisprudence (Usal-al-Figh) and the four Sunni "Schools of Law" from the time of the Prophet Muhammad (632 A.D.) down to the present day. Topics considered will include: the Opening and Closing of the Gate of Ijtihad (independent legal reasoning); the Ottoman legal reforms; ancient and modern practices of Islamic tibunals and legislatures; Islamic legal education, and the role of the legal treatise in the Islamic legal system. Consideration will also be given to topics in Shi'a Jurisprudence and other issues of contemporary interest, including freedom of expression, the status and role of women in Islam, and relations between the Islamic State and the individual.

back to top

Issues in Corporate Governance and Securities Regulation (CORP9130)

3 credits, Seminar

This course examines federal and state regulations of securities, including disclosure requirements, rules governing public and private offerings, and remedies and liabilities. The course also explores within the context of securities regulations current topics relating to the tensions between the interests of issuers and shareholders. This course will highlight challenges raised in the context of corporate governance. Issues to be discussed include fiduciary duties of directors and controlling shareholders; rights of shareholders; use of proxy machinery; and liability for insider trading, including an analysis of SEC Rule 10b-5.

Prerequisite: Business Associations. 
A separate course in Securites Regulation is not required, and knowledge of securities case law and principles beyond what is covered in Business Associations is not expected.

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

back to top

Issues in Counterterrorism Law: Prosecution and Prevention (CRJU8403MM)

2 credits. Lecture.

This course is intended to explore the history, development and current issues in counterterrorism law. Thus, the class shall consider issues such as the origins and expansion of federal criminal jurisdiction and offenses from the mid-1970s through today; the origins and constitutionality of the Foreign Intelligence Surveillance Act (FISA); the origins and use of the Classified Information Procedures Act (CIPA); the history of the "Wall" between criminal and intelligence investigations; the tension between intelligence gathering and marshaling evidence; differences in approach that may be significant in domestic as opposed to international terrorism matters; the tensions between law enforcement and military approaches; and the tensions between disruption or prevention on the one hand and prosecution on the other.

This course will provide a timely legal/policy analysis of the various mechanisms the United States Government is using to combat terrorism - both domestic and international - and the effectiveness of these actions, as well as their intrusion on liberties of citizens and aliens, and the reactions of the courts. Thus, the class will examine the various tools that the Government has been employing in the fields of criminal, intelligence, military, immigration, and civil law, and the practical realities and difficulties involved with these means, as well as whether there are better ways to accomplish public safety goals. The course will look at the impact the use of these tools has on terrorists, and, more critically, their effect on the people of the United States, as well as those abroad. And, the focus will be on how the federal courts (and Congress) have reacted to the Executive Branch's actions and the arguments of those affected by those actions.

Pre/co-requisite: Criminal Law Prerequisite: Criminal Procedure: Investigation, Arrest and the Right to Counsel

back to top

Judicial Externship (EXTN9161)

2 credits.

Eligible Judges:

Under current faculty guidelines, students may serve their externship with:

  1. Any U.S. District Court Judge.

  2. Any U.S. Court of Appeals Judge.

  3. Any U.S. Bankruptcy Judge.

  4. Any U.S. Magistrate Judge.

  5. Any Judge of a state’s highest or appellate court.

  6. Any New Jersey Superior Court Judge assigned to the Appellate Division, the Law Division, Civil or Criminal Part, or the Chancery Division, General Equity or Family Part.

Externships for academic credit have not been approved with:

  1. New Jersey Superior Court Judges who are assigned to the Superior Court, Law Division, Special Civil Part.

  2. Trial level Judges in states other than New Jersey, unless approved by the Faculty Director.

  3. U.S. or State Administrative Law Judges

Course Requirements:During the semester in which a student registers for the judicial externship program, the student must devote a minimum of 150 hours to chambers-related duties. In addition, students must complete a minimum of 30 pages of written work product involving legal research during their externship. A mandatory class conducted by the Faculty Director, Professor Denis McLaughlin, is held at the beginning of the semester and an evaluative conference is held with the Director at the end of the semester. At the evaluative conference, the student must produce a letter from the judge verifying completion of the course requirements to the judge's satisfaction, the student's 30 pages of work product, a signed time sheet, and a completed course evaluation form. Upon satisfactory completion of the evaluative conference, a grade of pass and two credits are awarded. A student may serve a maximum of two judicial externships for credit. The second externship must be with a different judge. For additional information on the Judicial Externship Program and its requirements, please click here.

The course is graded on a Pass/D or Fail basis.

Prerequisites: All students seeking to enroll must have a minimum 2.33 cumulative grade point average at the time they register for the program. However, there is no minimum GPA requirement for students enrolling for the Judicial Externship Program during the semester. Judicial externs work with a judge and the judge’s law clerks on a host of research projects, write memoranda, draft opinions and observe the daily proceedings brought before the court.

NOTE: Eight credit maximum for all externships.

back to top

Jurisprudence (HIPH7501)

3 credits. Lecture.

This philosophy of law course will address fundamental questions including: what is law; what are the origins of law; how does law function in government and society; and how does law effect and define the individuals and groups in any society? Readings will be from primary sources: Aristotle, Plato, the Bible, St. Thomas Aquinas, John Locke, Abraham Lincoln, De Tocqueville, Martin Luther King, and contemporary commentators, supplemented by legislation and selected cases.

Note: Students cannot apply both Jurisprudence (HIPH7501) and A Jurisprudence Seminar (HIPH9519) towards degree requirements.

back to top

Jurisprudence Seminar, A (HIPH9519)

3 credits. Seminar.

This seminar will consider different definitions and perspectives of law, characteristics of different schools of jurisprudence with particular emphasis on conceptions of the nature and function of rules, the scope of judicial discretion in the interpretation and application of the law and the relationship between law and morality. The goal of the course is to demonstrate how a lawyer's legal philosophy, i.e., perception of the nature and function of law, whether held consciously or not, affects the lawyer's approach to the practice of law, deciding cases as a judge or the performance of other functions as a principle participant in the administration of justice. Students will be required to write a paper on the judicial philosophy of a State Supreme Court judge reflected in a study of a number of written opinions of that judge.

Note: Students cannot apply both A Jurisprudence Seminar and Jurisprudence (HIPH7501) towards degree requirements.

back to top

Juvenile Justice Clinic (CLIN7164)

2 credits clinical component, 1 credit classroom component.

The Juvenile Justice Clinic provides students the opportunity to litigate before the Superior Court of New Jersey, Family Part. In the process, students learn about the premises underlying the juvenile system and develop specialized skills necessary for practice in that court. Students are involved in a full range of juvenile court proceedings including detention hearings, formal trials and sentencing hearings. The clinic is open to day and evening students who are the equivalent of a third year day student.

The course is letter-graded for both the clinical and class components.

Prerequisites: Minimum Cumulative 2.60 GPA, Evidence, Professional Responsibility and Persuasion and Advocacy.

Note: Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

back to top

Labor Law (LABR7102)

3 credits. Lecture.

This course analyzes the establishment, maintenance and survival of the collective bargaining relationship between union and management. It focuses on the National Labor Relations Act which, in conjunction with the Norris-La Guardia Act, governs union organizational campaigns, the process of collective bargaining, and economic tools of both sides, including strikes, lockouts, boycotts and picketing.

back to top

Land Finance (PROP7704)

3 credits. Lecture.

This course studies mortgage transactions and other aspects of land financing including: financing of subdivisions, condominiums and cooperatives; commercial real estate transactions; secondary mortgages; construction financing and shopping centers; use of leases as a financing device; impact of tax law on real estate financing; financing of low and middle income housing and assistance to private financing in redevelopment; role of various receiverships; truth-in-lending; public sale of real estate securities; syndication and sale and lease-back transactions.

Prerequisites: Property or Property I and II.

back to top

Law and Economics (HIPH7510)

3 credits. Lecture.

This course will examine a number of areas of traditional legal study using the theoretical approaches developed by the conservative "Chicago" and liberal "Yale" schools of law and economics. After a brief review of basic economics, it will examine topics from such areas as: tort, property, contracts, civil procedure, environmental regulation and bankruptcy. The course will also discuss some of the problems for democratic theory presented by "public choice" theory. The strengths and weaknesses of law and economics will be explored.

Note: Students cannot apply both Law and Economics (HIPH7510) and Law and Economics Seminar (HIPH9523) towards degree requirements.

back to top

Law and Economics (seminar) (HIPH9523)

2 credits. Seminar.

This course will critically examine a number of areas of traditional legal study using the theoretical approaches adapted from consumer welfare economics. After a brief review of basic economics, it will examine topics from such areas as: tort, property, contracts, economic regulation, and antitrust. The course will also consider the economic analysis of constitutional law and voting methods embodied in public choice theory. The strengths and weaknesses of law and economics will be explored. AWR paper or optional open book take home exam.

Note: Students cannot apply both Law and Economics Seminar (HIPH9523) and Law and Economics (HIPH7510) towards degree requirements.

back to top

Law and Education (PUBG7802)

2 credits. Lecture.

This course analyzes the law governing public and private educational systems. It includes: constitutional issues and recent trends in tenure laws; seniority regulations; rights and responsibilities of parents, students, faculty; due process; search and seizure; substance abuse; Special Education; and attorney fees in school law cases.

 Note: Students cannot apply both Law and Education (PUBG7802) and Selected Topics in Law & Education (PUBG9177) towards degree requirements.

back to top

Law and Genetics (INDL9318)

3 credits. Seminar.

Rapid advances in genetics are having extensive effects on our life both within and outside the medical arena. This seminar 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.

back to top

Law and Literature - Fall Semester (HIPH9510)

2 credits. Seminar.

A philosophical exploration of the legal, social, political, ethical, and moral challenges faced by lawyers as presented in a survey of literature, drama, film, scholarly writings, statutes, and judicial decisions. This course will provide an opportunity to think about the law in a new way, to have a robust discussion of the larger questions of law, lawyering, and life, and to read engaging works of fiction and non-fiction that challenge and inspire. Works include The Reader by Bernhard Schlink, My Sister's Keeper by Jodi Picoult, Inherit the Wind by Jerome Lawrence and To Kill A Mockingbird by Harper Lee.

back to top

Law and Literature - Spring Semester (HIPH9510)

2 credits. Seminar.

Many great works of literature involve legal issues and by reading these works, we can learn to think about the law and our lives as lawyers more broadly and more deeply. But it is also true that as law students and lawyers we have probably acquired more knowledge and experience about law than any other subject and we can use this knowledge to better understand the works and thoughts of the greatest writers. For this course, we will read six small works: The Stranger by Camus; Antigone by Sophocles; The Apology of Socretes by Plato; The Book of Judges in the Bible; Measure for Measure by William Shakespeare; and Billy Budd by Herman Melville.  We will also read essays by Martin Heidegger and Leo Strauss concerning the relationship between literature and law in the formation of societies and cultures.

back to top

Law and Morality (HIPH9504)

3 credits. Seminar.

This seminar is an introduction to ideas about the nature and function of law. Alternative conceptions of law and different schools of legal philosophy will be explored. Particular emphasis will be given to the differences between Natural Law, Legal Positivism, and Legal Realism. Some consideration will be given to the contemporary Law and Economics, Feminist and Critical Legal Studies movements. The major themes of the course are: (1) The different concepts and conceptions of the nature, function and meaning of law; (2) The relationship between legal, ethical and political theory; (3) The role of rules, principles, doctrines and standards in the adjudicatory process; and (4) The problem of discretion in legal decision making. The major goals of this course are: (1) to stimulate thought about the nature, function and ultimate justification for law; (2) to acquaint students with the fundamental questions that are at the core of the legal process; (3) to provide students with an appreciation of the value of legal theory for evaluating the merits of legal argument and legal decisions; and (4) to encourage students to expand their vision of the role of law and lawyers.

back to top

Law and Sexuality (PUBR9186)

3 credits. Seminar.

This seminar/course considers a number of areas in which the law addresses human sexuality. These include privacy, fundamental liberty, the regulation of sexual practices, First Amendment rights of expression and speech, Equal Protection as applied to sexual identity, hate speech, workplace discrimination, the proper role of religion and morality in the legal regulation of sexuality, military policy towards women, gay men and lesbians, access of same-sex couples to the benefits of marriage, civil union or domestic partnership, children in non-traditional families, and gender identity issues. Readings from feminist jurisprudence and other jurisprudential traditions will supplement doctrinal readings. The seminar will cover a more limited number of areas to allow time for the preparation of AWR papers. The course will address more areas and will examine some areas in greater depth.

Note: Students cannot apply both Law and Sexuality Seminar (PUBR9186) and the course Law and Sexuality (PUBR7915) towards degree requirements.

back to top

Law and the Life Sciences (INDL9321/HLTH9529)

3 credits. Seminar.

This seminar will examine a variety of legal and policy issues at the forefront of advancements in the life sciences, drawing upon a diverse and interdisciplinary set of reading materials.  Topics to be covered include genetics, biotechnology, nanotechnology, neuroscience and synthetic biology.

back to top

Law in Contemporary China (INTL9613)

3 credits. Seminar

After a brief examination of the roots of China's legal tradition, this seminar will turn to China's contemporary legal system and its role in political, economic, and social developments. Topics will include: access to justice and court reform, environmental law, criminal law and procedure, commercial and corporate law, labor law, administrative law and constitutional law, the protection of human rights, and China's engagement with public international law.

back to top

Law in the Music Industry (INDL8312)

2 credits. Lecture.

This course focuses on the daily legal issues facing attorneys in the music industry. It will consider the various legal relationships within a musical group and between the artist and his various representatives. It will then discuss the most heavily negotiated agreements in the music industry, beginning with demonstration, sample and producer agreements. The course will next explore legal pitfalls of production company agreements, and will then dissect various provisions of both recording and music publishing agreements. The course will then consider music industry unions and the American Federation of Musicians and the American Federation of Television and Radio Artists impact of the artist and the record company. Finally, the course will discuss the legal issues facing music industry attorneys in the 21st century, with specific focus on digital transmission of music, down-loading of music over the internet and alternative methods of music delivery.

Prerequisite: Entertainment Law

back to top

Law of Death and Dying, The (HLTH9509)

3 credits. Seminar.

This seminar engages the student in an extensive study and analysis of empirical data, current statutes and cases as well as proposed changes to the law dealing with issues related to death and dying. Class topics include alternative definitions of death, organ donation, withholding and withdrawal of death-prolonging and life-sustaining treatment, advance directives, patient demands for futile treatment, the cost of end-of-life care, wrongful living, and physician-assisted death.

back to top

Law Review (JRNL7146, 7147, 7148, 7149, 7159)

1 to 2 credits per semester for members or editors.

The quarterly Seton Hall Law Review is a nationally recognized scholarly legal journal that publishes critical and analytical articles on major legal issues by judges, scholars, public officials and practicing attorneys. Additional commentary on recent judicial decisions and developments is written by students. The Law Review is edited and managed by its student editorial board and staff. Most candidates are selected on the basis of their demonstrated writing ability. The Law Review holds a competition each summer to select new members. The participants with the ten highest competition scores are offered membership, as are the participants with the five highest GPAs. The remaining membership offers are made based on a combination of competition score and GPA.

Course is graded Pass/D or Fail basis. To receive any credits for the Law Review, a student must first complete a comment for this Journal.

Maximum of 6 credits for members and editors.

back to top

Lawyer as Detective: Investigation and Discovery (PRMD8222)

5 credits. Two semesters

Lawyer as Detective (currently a pass fail, five credit, two semester course) is an advanced research, factual investigation and writing course. The course teaches students how to sift through facts and discover underling patterns.  It teaches students expository writing revealing the patterns that they have been discovered.  The process of writing drafts analyzing the discoveries tests the accuracy of their discoveries and helps them understand more clearly what they have missed, what mistakes they have made and that their fact discovery often produces patterns that they did not initially understand.Writing tentative drafts as the research progresses is an important part of the experience.  Requiring students to write tentative drafts from the very beginning ensure that the investigation will be rigorous and the writing clear, complete and accurate. Each draft, even the most preliminary, is reviewed with the professor and conferences are held individually and in small groups, to determine what further research and writing might be needed. In addition to the collegial discovery and analysis process all students complete a major writing.  Usually the major pieces of writing are combined into a still larger piece the students produce more than 50 pages of writing over the course of the year including drafts, edited drafts and reflections. The course requires all students to perform 300 hours of work; have regularly scheduled weekly classes and meet frequently in collegial groups and with the professor individually.The weekly classes compare the investigative practices of other disciplines of historians, journalists, and social scientists with the standard legal experience.  Students will be assigned materials from each discipline.  In addition FBI investigators and military intelligence analysists will demonstrate how they investigate and analyze.The course focuses on a variety of topics that evolve, expand and contract as research, drafting and analysis requires.  Reading as a challenge to discover what is not immediately obvious is an extremely useful skill and translates easily into the practice of law whether for litigation, transactions or counseling clients.   Part of the excitement of the course is that no one knows beforehand what twists and turns the investigation will take and what the final result will be.Students must apply to Professor Denbeaux in order to enroll in the course. 

back to top

Legal Implications of the Middle Eastern Revolutions and Revolts, The (INTL9618)

3 credits. Seminar.

This seminar will examine the impact of the recent popular uprisings in the Middle East for international law, diplomacy, and world constitutionalism. The seminar will acquaint students with the jurisprudential, legal and constitutional landscape of the major Middle Eastern countries. It will then stimulate reading and discussion on the issue of the recent efforts to achieve constitutional reform, judicial reform, liberal rights and the establishment of robust democratic and political cultures in these countries. Larger issues involving the problem of revolution and legal change generally will also be considered. Each class session will involve reading and media material from the region and occasionally a lecture by a knowledgeable guest speaker.

back to top

Legal Issues in Online Communities (INDL9327)

3 credits. Seminar.

Legal Issues in Online Communities: A survey of major legal issues that affect online communities, including full scale simulations such as Second Life as well as social network communities such as Facebook and Twitter. The seminar will consider problems involving Intellectual Property [trademark, copyright, right of publicity, Virtual property], Terms of Service, Cyberbullying, Startup Businesses, and Privacy.                                                                                                                                                                                                                                                                                    

Recommended: Internet Law

back to top

Legal Malpractice (HIPH8501)

2 credits. Lecture.

The course is a survey of every aspect of legal malpractice form both a theoretical and practice perspective. Students will be exposed to the leading cases from different jurisdictions in the United States as well as New Jersey case law. The aim of the course is to enhance students' understanding of the connection between good ethics and good practice. Focus is on the connection between professional ethics and legal malpractice and the practical problems confronting a lawyer bringing or defending legal malpractice claims which include: the determination of the standard of care, vicarious liability, the necessity of expert witness testimony, and the scope of compensatory and punitive damages. Part of the course will be devoted to practical skills training which includes: the drafting of pleadings, notice to produce documents, taking depostions of a lawyer defendant and expert witnesses; and drafting requests for jury charges and settlement negotiations.

back to top

Legal Research and Writing I & II (LAW6003/6004)

Fall semester, 2 credits; Spring semester, 1 credit. Lecture.

This is a full year course with a final grade given after the completion of the Spring Semester.

It introduces students to the techniques of legal research and writing. The Fall semester focuses on the basics of manual and computer-assisted legal research and objective writing. Students will do research exercises independent of legal writing, legal writing exercises independent of legal research, and combined research and writing exercises. The Spring semester focuses on persuasive writing, including briefs, and on the development of more sophisticated research skills.

back to top

Legal System, Research and Writing I, The (HLTH7390)

4 credits. Seminar.

This course provides M.S.J. students with an introduction to the legal system as well as basic legal research and writing skills, with a focus on topics relevant to the health and pharmaceutical industries. Students will receive LEXIS, WESTLAW and Internet research training.

back to top

Legal System, Research and Writing II, The (HLTH7391)

3 credits. Seminar.

This course continues to hone the skills that students learned in The Legal System, Research & Writing I, with a particular focus on statutory and regulatory analysis.

NOTE: The course is available only to students in the MSJ program.

back to top

Legislation (PUBG7803)

2 credits. Lecture.

This course analyzes the role of statutes in the American legal system, including: legislative function, policy and objectives; legislative organization; influencing legislative action; types of statutes; construction and interpretation; scope of judicial review; codification; repeal.

back to top

Legislative Journal (JRNL7142,7143,7144,7145)

1 credit per semester for member. 1 to 2 credits for editor.

The Seton Hall Legislative Bureau is devoted to the interaction between the legal profession and the legislative process. The is bifurcated into a journal section and a staffing and projects section. The staffing and projects section essentially functions as a research resource for the New Jersey State Legislature. Members of the Bureau serve as legislative-legal interns with several legislative staffs. The work performed by these interns includes legal-legislative research and bill drafting. In addition, the Bureau undertakes special ad-hoc projects requested by legislators. The relationship between the Legislature and the Bureau is that of the traditional attorney-client relationship, in order to preserve and encourage political neutrality.

The Bureau also publishes the Seton Hall Legislative Journal, dedicated to the examination of legislation and the legislative process. Authors include lawyers, judges, law school professors, legislative experts, and students. Journal members acquire valuable skills and expertise in scholarship as well as legal writing and editing.

The Bureau also presents a symposium which annually identifies and researches a major topic of political and/or social consequence in New Jersey. A panel of prestigious speakers is assembled to discuss and debate the topic, and the Bureau publishes a symposium edition of the Legislative Journal.

Members of the Journal and Bureau staffs are chosen in the spring or summer of their first year by the current and newly-elected Editorial Boards. Selection is based on a writing competition, grades, personal interview, and prior legislative experience. The Editorial Board is chosen by election of the entire organization. Throughout the year, speakers from the Legislature, the legal profession, government, and the private sector address the members. The Journal and the Bureau come together under the guidance of a student and faculty director.

Course is graded on a Pass/D or Fail basis. To receive any credits for the Legislative Journal, a student must first complete a student note or comment for this Journal.

Maximum of 6 credits.

back to top

LLM Thesis I - II (HLTH9500, 9502)

First semester; 2 credits. Second semester; 3 credits

The LLM student shall write his or her thesis independently of any course or seminar, with a full-time faculty member acting as a supervisor. In semester one, the student will select a topic, and a thesis supervisor. Before the conclusion of semester one, the student shall make an oral presentation of his or her work-in-progress to the health law faculty and other LLM students; submit a paper abstract of approximately ten pages; and submit an annotated bibliography. The student shall receive a Pass/D or Fail designation and an award of two credits for the completion of this work. The student shall complete the thesis in semester two, for which the student shall upon completion, be awarded three credits and a letter grade. The final thesis product must be of professional law review publishable quality, at least 50 pages in length unless otherwise waived. LLM students are expected to attend the oral presentations of their colleagues.

back to top

Mass Media Law (INDL7319)

2 credits. Lecture.

This lecture surveys the constitutional principles, laws and regulatory policies that shape the mass media. It has two principal goals: to engage students in a critical review of the substantive case law governing the gathering and dissemination of information by print, television and internet; and to facilitate an understanding of the adequacy of the constitutional protection which this body of law affords the nation's major media institutions.

Note: Students cannot apply both Mass Media Law (INDL7319) and The First Amendment in the Twenty-First Century (PUBR9184) towards degree requirements.

back to top

Medical Malpractice (HLTH8508)

2 credits. Lecture.

This course focuses on traditional principles underlying New Jersey medical malpractice law, using a practical and substantive approach to the subjection, focusing on the standard of care, expert-related issues, causation and damages relating or pertaining to medical malpractice actions. The school attendance will be in effect for this course, and class participation is expected.

back to top

Mental Health Law (HLTH7511)

2 credits. Lecture.

Most basically, this course focuses on the way law treats those who are deemed mentally disordered. This "special treatment" will be explored in both the criminal and civil contexts. In the criminal context, core topics such as the insanity defense, mens rea, and criminal sentencing will be deeply explored. In the civil context, the course focuses on the use of governmental authority to restrict or deprive individuals with a mental disorder of liberty or property by seeking to prevent future harm to self or others. The rules governing expert testimony, the right to refuse psychiatric medication, and competency determinations will also be examined. To provide a foundation for the legal analysis, the nature and treatment of mental disorders will be summarily explored.

back to top

Mergers and Acquisitions (CORP8135)

2 credits. Lecture.

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

back to top

Military Law: Responsibilities, Rights, Benefits and Challenges of the American Armed Forces 1758-2008 (HIPH7508)

2 credits. Lecture.

This course is intended to ground the student in the history and tradition of a separate military law for members of the armed forces. The course also includes a review of veterans benefits. Each session will contain specific legal concepts relevant to the subject matter. The student may expect to have a broad appreciation for the importance of a separate law and procedure for the armed forces and veterans.

back to top

MSJ Thesis (HLTH9600)

3 credits.

 The MSJ student will write the thesis independently from any seminar or course, with a full time faculty member acting as a supervisor. The student will select a topic, and a supervisor, and will receive three credits upon successful completion. The topic should be health-related and approved by the supervisor.

back to top

National Security Law (PUBG7805)

2 credits. Lecture.

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."

back to top

Negotiation Skills and IP Issues in Sports Law (PRMD9230)

2 credits. Lecture/Skills. ((1 credit is counted towards the 15 credit limit on Skills and Self-Directed Work Study.)

This course is a collaboration of topical discussions of intellectual property (IP) in professional and amateur sports and negotiation skills in sports-related issues. The IP topics will include an examination of idea submission and protection, copyright issues in broadcasting sports events, First Amendment, trademark and branding ownership rights, trade dress, right of publicity, defamation, invasion of privacy, use of likenesses in video games and virtual worlds, merchandising, marketing and licensing of IP rights, morals clauses. A secondary consideration incorporates a comparison of these rights in the various entertainment industries. In the latter context, comparisons will also be made between agency regulations in sports and agency customs in entertainment as well as the intersection and divergence in contracts, deal points/deal breakers and custom in the two industries. In addition, the collective bargaining issues in both industries will be explored.

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

back to top

Negotiation Skills in Civil Litigation (PRMD9234)

2 credits. Skills.

According to the American Bar Association’s Vanishing Trial Project, 98.2% of civil cases filed in federal courts are resolved through negotiated settlement rather than by jury verdict or judicial order. Anecdotal accounts suggest a similar statistic for the state courts. This empirical data underscores the importance of learning to negotiate within the context of civil litigation and its principal discovery devices. This course will begin with a consideration of leading scholarship. Is settlement the most appropriate means of conflict management? Are there instances in which negotiated compromise vitiates the litigants’ true interests? Do broad public policy implications and precedential value trump the expedience of individual resolution? Drawing upon his experience as a commercial litigator, the instructor will present case studies to elucidate salient aspects of the process. Students will participate in videotaped role plays created by the American Bar Association to acquire the complementary perspectives of attorney and client.

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

Note: Students can only apply either Negotiation Skills in Civil Litigation (PRMD9234), Negotiation Skills in Transactional Lawyering (PRMD9233) and Advanced Negotiation Skills (PRMD9226) towards degree requirements.

back to top

Negotiation Skills in Criminal Litigation (PRMD9236)

2 credits. Skills.

According to recent United States Department of Justice data, nearly 97% of federal criminal prosecutions are resolved without recourse to trial. The plea bargaining process is essential to the timely disposition of those matters. The Professor will instruct this first-of-its-kind offering at Seton Hall Law. Set against the Harvard Principled Negotiation Method, the Professor will examine the most salient moments in a criminal case. These include, pre-indictment advocacy, examination of the grand jury process, review of the federal indictment and the federal information as accusatory instruments, use of cooperation agreements and 5k1.1 letters, the affirmative use of media, consideration of how jury election impacts negotiation and the operative dynamic between the prosecution and defense counsel throughout the plea bargaining process. Students are advised that this 2-credit Legal Practice Curriculum offering will require participation in a six-hour "super session" to be held on a weekend. The exercise will afford participants the opportunity to engage in role plays which approximate practice-based scenarios. The super session will truncate the semester by 3 calendar weeks.

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

Note: Students can only apply either Negotiation Skills in Civil Litigation (PRMD9234), Negotiation Skills in Transactional Lawyering (PRMD9233) and Advanced Negotiation Skills (PRMD9226) towards degree requirements.

back to top

Negotiation Skills in Transactional Lawyering (PRMD9233)

2 credits. Skills.

Legal negotiation is not limited to the adversarial arena of litigation. Many students will pursue rewarding careers in the corporate / transactional realm. The ability to effectively draft and interpret contract clauses is integral to success in that practice. This course will begin with an overview of principled negotiation, the ability to meet the varied interests of stakeholders without acquiescing to positional demands. Against that backdrop, the instructor will present exemplars of the most commonly-encountered corporate contracts. Students will learn how to draft effective agreements. Participants will subsequently negotiate proposed terms through videotaped role plays created by the American Bar Association. The instructor reserves the right to schedule a “super session” on a date and at a time of shared convenience. The class will likely span 6 hours on a Friday or weekend. The expanded format will facilitate 360-degree critique of participant performance.

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

Note: Students can only apply either Negoatiation Skils in Transactional Lawyering (PRMD9233), Negotiation Skills in Civil Litigation (PRMD9234) and Advanced Negotiation Skills (PRMD9226) towards degree requirements.

back to top

New Jersey Constitutional Law (PUBR9170)

3 credits. Seminar.

This course analyzes the New Jersey Constitution with an emphasis on fundamental rights in the criminal and civil contexts, and procedures and public policies peculiar to New Jersey. It will also compare and contrast state guaranteed rights and federally guaranteed rights. The materials to be studied will be primarily those opinions of the Supreme Court of New Jersey which have made the state judiciary a pioneer in the field of state-guaranteed individual liberties.

Prerequisites: Constitutional Law or Constitutional Law I and II.

Note: Students can only apply either New Jersey Constitutional Law (PUBR9170), State Constitutional Law (PUBR9175) or Chief Justice Hughes' Influence on the Development of NJ Law (HIPH9520) towards degree requirements.

back to top

New Jersey Environmental Law (ENVR8603)

2 credits. Lecture.

This course studies common law and statutory law in New Jersey regarding environmental protection. Special emphasis is given to water and air pollution, solid waste, noise and toxic substances. Problems of administrative and intergovernmental relations are discussed and preventive as well as remedial aspects are considered.

Recommended: Environmental Law or Hazardous Waste.

back to top

New Jersey Land Use Practice (PROP9709)

2 credits. Seminar.

This seminar is designed to introduce students to the world of practice before municipal land use planning and zoning boards. The class will briefly review the history and state authorization of land use regulation. Procedural requirements of the practice and jurisdictional pitfalls especially in the areas of the requirements for public notices of meeting, filings and conflict-required recusal of board members will be extensively covered. A substantial portion of the course will be devoted to the nuts and bolts of presenting matters to boards and will deal with such practical topics as: how to determine which is the legally appropriate board to approach; how to obtain (or convince a board to deny) the required relief (subdivision and site plan approvals, bulk variances or use and other (variances); how to prepare a case for presentation including the required legal proofs, and political, timing and related considerations; how to mount effective opposition to an application; and how and when to appeal from an adverse decision. Extensive class participation is expected and students will hear from outside planning, traffic and engineering experts. The grade will be based on writing assignments and class performance.

Prerequisites: Property or Property I and II

back to top

New Jersey Practice (PRMD8202)

3 credits. Lecture.

This course is an expanded state court counterpart to the first year Civil Procedure Course, and provides a detailed examination of the rules of litigation, practice and procedure for the New Jersey state courts. Primary emphasis is placed upon the court rules and applicable case law governing civil litigation practice before the New Jersey Superior Court, Appellate Division, Law Division, Civil and Special Civil Part, and Chancery Division, General Equity and Family Part. The rules of the Superior Court, Law Division, Criminal Part and the N.J. Municipal Courts are also covered. Since rules of practice and procedure vary widely from state to state, this course is especially valuable for a student contemplating practice in New Jersey.

back to top

New York Practice (PRMD8203)

3 credits. Lecture.

New York Practice and rules differ significantly from federal practice as studied in Civil Procedure I and II. This course focuses on those differences, including: New York's Long Arm Statute; its complex timeliness doctrines; its distinctive motion practice; its unique court structure; and standards for preliminary relief. A student planning to practice in New York is well advised to take this course.

back to top

NITA Deposition Skills Program (PRMD9240)

1 credit. Skills.

This course provides a strong framework for basic techniques of taking depositions, and explores a variety of questioning methods. The result is that witnesses are encouraged to give expansive, exhaustive answers -- including other potential sources of information -- and that other potential avenues of escape are closed off. Students also learn to theory-test on subjects of importance to the case. Students receive supportive, helpful suggestions on how to improve performance, utilizing frequent repetitions in the learning-by-doing method to help master new techniques. A portion of the program is also devoted to ethical considerations in deposition settings and witness preparation.

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

Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice

 

back to top

Non-Profit Organizations (HLTH9519)

2 credits. Lecture.

This course examines state corporate law and the state and federal laws governing the taxation of non-profit health care organizations. It addresses issues of public charity, unrelated business income and private foundation status.

back to top

Patent Application Preparation and Prosecution (INDL9310)

2 credits. Seminar.

This seminar develops the writing and analytical skills required to draft applications for United States patents. Patent claim drafting skills are not undertaken in this course. Patent prosecution techniques, however, including evaluation of Patent and Trademark Office Official Actions and preparation of responses to these Official Actions are studied. There also is practice in drafting appellate briefs for submission to the Board of Patent Appeals and Interferences.

Prerequisite: Patent Law and Practice.

NOTE: Students are required to have a degree in engineering or a physical science.

back to top

Patent Claim Drafting (INDL9305)

2 credits. Seminar.

This drafting seminar will focus on the "claim" or "claims" appended to a patent specification. The claim defines the scope of the grant, or the technical extent of the exclusive privilege the patent accords to its owner. Claim drafting assignments will be distributed to the students before each class. Each student's work will be reviewed on an individual basis, with rewriting and revision as needed.

Prerequisite: Patent Law and Practice.

NOTE: Students are required to have a degree in engineering or a physical science.

back to top

Patent Law (INDL8303)

3 credits. Lecture.

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.

back to top

Pension and Profit Sharing Plans (LABR8105)

2 credits. Lecture.

This course studies: tax qualified and non-qualified employee benefits in the context of ERISA; forms of employee benefits plans, their administration and termination; and the enforcement of participants' rights. The course also addresses planning aspects of deferred compensation.

back to top

Persuasion and Advocacy (PRMD8210)

2 credits. Skills.

In this highly participatory course, students will learn the art of persuasion in the context of the courtroom. Exercises and simulations will focus on the integration of storytelling and thematic development into the basic skills of direct examination, cross-examination, opening statements and closing arguments. By the end of the course students should be more able to argue and more likely to win - whether inside or outside the courtroom.

Course is graded High Pass, Pass/D or Fail.

back to top

Pharmaceutical and Medical Device Marketing and Compliance (HLTH7522)

3 credits. Lecture.

This class will address the regulatory issues that pharmaceutical and medical device companies confront after drugs and devices have been approved by the FDA for market. The class will examine the pricing, marketing, reimbursement, anti-trust, and fraud and abuse issues that pharmaceutical and medical device companies must face. It will also touch on some intellectual property questions and privacy issues.

back to top

Postconviction Remedies (CRJU7416)

3 credits. Lecture.

This course will introduce the student to the law and practice of post-conviction remedies. The course will give primary focus to the Writ of Habeas Corpus, the "Great Writ of Liberty." The course will begin with a treatment of the common law background to the Great Writ and then trace the doctrinal development of the law from the time of the adoption of the Habeas Corpus Act of 1867 through to passage of the Anti-Terrorism and Effective Death Penalty Act (AEDPA) of 1996. Topics considered will include: Habeas Jurisdiction, Meaning of the Custody Requirement, Exhaustion of Remedies, Procedural Default and other Defenses, State Post-Conviction Remedies, Successive Petitions, Abuse of the Writ, Statutes of Limitation, and the miscarriage of Justice Exception. Particular attention will be given to practice issues now arising under AEDPA and the impact on habeas law and practice of the U.S. government's recent use of military tribunals and detention without trial in the war on terror. Accountability will be accomplished through a take-home exam.

Prerequisites: Constitutional Law or Constitutional Law I and II; Criminal Law.

Note: Students cannot apply Postconviction Remedies (CRJU7416) and Postconviction Remedies Seminar (CRJU9404) towards degree requirements.

back to top

Prisoners' Rights (CRJU 9402)

3 credits. Seminar.

This course will introduce the student to the law of corrections and prisoners' rights. The course will begin with a historical overview of th state practice of incarceration and then consider the evolution of th elaw of prisoner's rights from the time of the era of the "hands-off doctrine" through the civil rights era of the mid-twentieth century and up to and including modern statutory and judicial developments. Special attention will be paid to the following topics: Speech and Religion in Prison, Access to the Courts, Discipline and Classification, Personal Injruy, Application of the Cruel and Unusual Punishment Clause, Parole, and Prisoners' Rights Litigation in the modern statutory environment. A visit by the class to a local state or federal prison is also planned. Each student will submit a paper satisfying the advance writing requirement.

Prerequisites: Constitutional Law or Constitutional Law I and II.

back to top

Products Liability (PRFM7005)

2 credits. Lecture.

This course provides an intensive investigation of this specialized area of tort law with particular emphasis on the problems of proof of liability and other features of trial of a products liability case.

Prerequisite: Torts I.

back to top

Professional Responsibility (HIPH7504)

2 credits. Lecture.

This course is an introduction to the rules governing the lawyering process. It examines the legally imposed and conscience-imposed duties of members of the legal profession to clients, witnesses, opposing parties, governmental agencies and the public. It explores the economics of the legal profession and includes a detailed examination of the Model Rules of Professional Responsibility and other related standards of proper conduct. Students planning to sit for the New Jersey Bar Examination must achieve a grade of "C" or better in the Professional Responsibility course as partial fulfillment of the requirements for application for admission to practice law. Students who receive a "C-", "D" or "D+" must sit for the Multistate Professional Responsibility Examination (MPRE) to be admitted to the New Jersey Bar.

NOTE: Students should consult with the Board of Bar Examiners in the jurisdiction where they intend to seek admission to the bar as to whether that jurisdiction requires sitting for the MPRE.

back to top

Professional Responsibility (Summer Session) (HIPH7504)

2 credits. Lecture.

This course examines the ethical rules governing lawyers and their application to various situations commonly occurring in legal practice. Students will participate in simulation exercises that require them to analyze and employ the Model Rules of Professional Responsibility and related standards of proper attorney conduct. The course will also include demonstrations and discussions of ethical problems, as well as lectures. Because the course will be taught in a compressed, seven-class format, students are expected to familiarize themselves with the Model Rules in advance of the first class. There will be short quizzes on the Rules during the first and last days of class. Students planning to sit for the New Jersey Bar Examination must achieve a grade of "C" or better in a Professional Responsibility course to avoid having to take the Multistate Professional Responsibility Examination (MPRE). Students planning to apply for bar admission in another state should consult with the Board of Bar Examiners of that jurisdiction to determine whether they must take the MPRE.

back to top

Professional Responsibility for the Corporate Lawyer (HIPH7507)

2 credits. Lecture.

 This course is an introduction to the rules governing the lawyering process, specifically from the perspective of the attorney practicing in the non-litigation setting. Lawyers' responsibilities have become particularly complicated post-Sarbanes Oxley. In-House counsel can encounter issues distinct from outside counsel; in and outside counsel face new challenges in working with corporate compliance officers, who may or may not be attorneys. Even the attorney-client privilege itself can be more complicated to understand in the in-house context. Like all other Professional Responsibility courses, this class examines the legally imposed and conscience-imposed duties of members of the legal profession to clients, clients' employees, opposing parties, governmental agencies and the public. It includes a detailed examination of the Model Rules of Professional Responsibility and other related standards of proper conduct. Students planning to sit for the New Jersey Bar Examination must achieve a grade of "C" or better in Professional Responsibility for the Corporate Lawyer course as partial fulfillment of the requirements for admission to practice law. Students who receive a "C-", "D" or "D+" must sit for the Multistate Professional Responsibility Examination (MPRE) to be admitted to the New Jersey Bar.

NOTE 1: Students should consult with the Board of Bar Examiners in the jurisdiction where they intend to seek admission to the bars as to whether that jurisdiction requires sitting for the MPRE.

NOTE 2: Fulfills the Professional Responsibility requirement

NOTE 3: Students cannot apply both this course and Professional Responsibility (HIPH7504) towards degree requirements.

back to top

Property (LAW6016)

Day: First year, Spring Semester, 5 credits. Lecture.

This course undertakes a basic survey of the concepts of possession and ownership of land, chattels and other forms of property. It includes the history, legal status and modes of transfer of real and personal property; estates in land -- an introduction to future interests; forms of ownership and title; the transfer of interests in land including landlord/tenant; condemnation; restrictive covenants; and equitable servitude.

back to top

Property and Its Limits (PROP9706)

3 credits. Seminar.

Like all AWR seminars, this course has two goals. First, this course will examine the boundaries between the individual's rights in his or her property versus public rights with respect to that same property. When should property rights be limited or expanded for the common good? We will begin by exploring some of the major academic theories of private property, including Law & Economics, theories of property and community, and commodification theory, and proceed to the discussion of contested areas of property law. The second purpose of the seminar is to improve academic writing skills and to produce AWR papers. To that end, students will be asked to read a handbook on scholarly writing before the beginning of the semester and to pick a paper topic very early on. For instance, one might write about recent changes in the Rule Against Perpetuities, which create greater rights in private property.

Prerequisites: Property or Property I and II.

back to top

Property I & II (LAW6010/6011)

Evening: First year, Spring semester, 2 credits; Second year, Fall semester, 3 credits. Lecture.

This course undertakes a basic survey of the concepts of possession and ownership of land, chattels and other forms of property. It includes the history, legal status and modes of transfer of real and personal property; estates in land -- an introduction to future interests; forms of ownership and title; the transfer of interests in land including landlord/tenant; condemnation; restrictive covenants; and equitable servitude.

back to top

Property, Law, and Society (PROP9708)

3 credits. Seminar

This seminar explores property law and rhetoric as they are applied in the real world. It spans a number of different fields. AWR papers may address topics in intellectual property; environmental and natural resources law; zoning and land use; cultural property (including rights of indigenous peoples, cultural patrimony, and art law); Indian law; eminent domain and regulatory takings; property aspects of critical race, feminist, and queer analyses of law; traditional property jurisprudence; comparative property law; and the legal history of property. The seminar readings will draw on sociolegal, comparative, theoretical, and historical approaches to property, as well as case studies. Seminar readings will likely include liberal, libertarian, communitarian, and evolutionary theories of property; the tragedy of the commons and Elinor Ostrom’s Nobel-prize winning work partially rebutting it; the problem of the anticommons; commodification and its limits; the idea of personhood property; claims to own culture and objects imbued with cultural significance; and extensions of the doctrine of regulatory takings to claims of judicial taking and the right to be compensated for regulatory delay. Case studies will likely include coastal land management; marriage as cultural property; property practice in squatter communities; the sale of body parts; and hate crimes as informal segregation.

Prerequisite: Property or Property I and II.

back to top

Public Health Law (HLTH9515)

3 credits. Seminar.

This seminar examines the structure of public health law, with emphasis on government responsibility and power, individual rights, and the relationship between the law concerning population and individual health. Topics will include responses to threats of terrorism, infectious disease, environmental threats such as tobacco and lead, and privacy concerns.

Prerequisite: Constitutional Law, or Constitutional Law I and Constitutional Law II

back to top

Race, Ethnicity and the Law (HIPH9517)

3 Credits. Seminar.

American society has generally thought of race in terms of only two constituent racial groups, Black and White.  This seminar explores the limitations of the Black/White paradigm and confronts issues of particular salience to groups falling outside these narrow racial classifications.  It analyzes how the english-only movement, discrimination against immigrants, and gender bias intersect to marginalize and exclude Ltinos and Asian Americans, among others, from the political process.  The seminar will confront difficult questions such as: Is race legally and/or socially constructed?  How should a person's race/ethnicity be defined?  Are lighter skinned members of minority groups better able to assimilate than darker skinned members?  Is assimilation a desirable goal?  Particular emphasis will be placed on the notion of Latinos and asian Americans as foreigners and the obstacles to building coalitions between different racial and ethnic groups.

back to top

Real Estate Development (PROP7716)

2 credits. Lecture.

This course undertakes a critical examination, from the owner/developer point of view, of the practical process and legal issues involved in evaluating, budgeting, constructing and marketing commercial real estate. It will include site investigation, project feasibility, return computations, infrastructure, market demand, political issues, zoning, construction, environmental concerns and market acceptance.

Prerequisites: Property or Property I and II.

back to top

Regulating Research with Human Subjects (HLTH7520)

2 credits. Lecture.

This seminar examines the legal, ethical and public policy issues surrounding the use of human subjects in biomedical research, focusing on current controversies and efforts to reform the existing regulatory structure. The seminar begins with a historical examination of human subject research, but the bulk of the semester is devoted to critical analysis of the current system for overseeing human subject research. Throughout the seminar we consider how the regulatory system should take into account the changing relationship between academia, industry and government.

back to top

Religion and the First Amendment (PUBR9174)

3 credits. Seminar.

The seminar studies opinions construing the Establishment Clause and the Free Exercise Clause of the First Amendment, with particular emphasis on recent church-state cases. Areas of discussion will include government regulatory and adjudicative powers over religious institutions and persons, religious pluralism, and religious expression in public and political forums.

Prerequisites: Constitutional Law or Constitutional Law I and II.

back to top

Remedies (PRMD8201)

3 credits. Lecture.

This course undertakes a detailed examination of the substantive law of civil remedies. It considers restitution, damages and the forms of equitable relief, as well as preconditions for the award of specific remedies, measure of recovery and shaping the award.

back to top

SDNY Representative in Mediation Practicum (PRMD9235)

2 credits. Skills.

Through an innovative partnership with the United States District Court for the Southern District of New York (“SDNY”), students in this course will represent federal litigants for the limited purpose of representation in court-annexed mediation. Enrollment is restricted to third and fourth year students. Under faculty supervision, students will participate in all material aspects of the attorney-client relationship, including the intake meeting, assessing client interests, negotiating with opposing counsel, drafting a pre-mediation statement and advocating for the client in a mediation to be conducted in Manhattan. The instructor will bifurcate the semester into two components: the study of mediation and the practicum phase. During the initial 5 classes, students will come to understand the nature of federal court-annexed mediation, the various mediator styles and effective client counseling techniques. The Newark Office of the Equal Employment Opportunity Commission (“EEOC”) will conduct a workshop on employment discrimination, the cause of action that plaintiffs most commonly assert in this practicum. The practicum phase will be largely devoted to individualized instruction and interaction with clients and opposing counsel. The course will culminate in a mediation that can range from 3 to 8 hours in Manhattan. Many of those sessions will be held on Fridays between the hours of 10:00am – 5:00pm. *N.B.: Practicum classes require students to make a more substantial investment of time than would ordinarily be expected in a 2-credit elective. Under the faculty supervision of licensed attorneys, participants will conduct in-take meetings with prospective clients and liaise with opposing counsel to explore negotiated settlement. If the litigants are unable to reach an amicable resolution of their differences, then the student advocates will proceed to a court-annexed mediation to be held in Manhattan. These classes require that students be flexible about their schedule and be willing to attend meetings and proceedings that fall outside of the regular class time. Due to the additional demands of a practicum, students are strongly discouraged from taking this class concurrent with a Center for Social Justice clinic.

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

back to top

Secured Transactions (COML7125)

3 credits. Lecture

Secured credit--in the form of bank lending, mortgages, and asset securitizations--is a legal solution to critical business challenges. Secured credit can help creditors lend money while minimizing the risk of loss. It can also help businesses and consumers pledge assets as collateral while retaining the right to use those assets.

This course examines the use of credit and collateral in sale and loan transactions, ranging from routine consumer purchases to complex business transactions. This course uses a problem-based approach to explore commercial deals. The course implicates both statutory interpretation and policy considerations in meeting the needs, and reconciling the interests, of the various parties to secured transactions--consumers, manufacturers, dealers, lenders, insurers, and the government. The focus is on developing situations-specific legal strategies and advising clients. There are no pre-requisites for this course, but students who have taken either Commercial Law or Bankruptcy may find the background provided by those courses helpful.

Secured credit--in the form of bank lending, mortgages, and asset securitizations--is a legal solution to critical business challenges. Secured credit can help creditors lend money while minimizing the risk of loss. It can also help businesses and consumers pledge assets as collateral while retaining the right to use those assets. This course examines the use of credit and collateral in sale and loan transactions, ranging from routine consumer purchases to complex business transactions. This course uses a problem-based approach to explore commercial deals. The course implicates both statutory interpretation and policy considerations in meeting the needs, and reconciling the interests, of the various parties to secured transactions--consumers, manufacturers, dealers, lenders, insurers, and the government. The focus is on developing situations-specific legal strategies and advising clients. There are no pre-requisites for this course, but students who have taken either Commercial Law or Bankruptcy may find the background provided by those courses helpful.

back to top

Securities and Corporate Law: Theory and Practice (CORP9133)

2 credits. Seminar.

This course is designed to bridge the gap between the legal theory and practical realities of the practice of law by focusing on the various problems that arise in the daily practice of corporate and securities law. The course will include guest speakers who are prominent practicing lawyers. This course will also include field trips to the

American Stock Exchange, to a leading NASDAQ brokerage firm, and to a leading financial publication where students will have the unique experience of seeing how markets are made and reported with respect to major corporations. This course will explore problems engendered by investigations and disciplinary proceedings initiated by the Securities and Exchange Commission, the National Association of Securities Dealers, Inc., the stock exchanges and state regulatory authorities. Students will engage in "moot court" arbitrations as council for various parties. The preparation of prospectuses, proxy statements and annual reports will be addressed and students will prepare portions of these documents. Substantive areas of corporate and securities law such as the securities exchange act of 1934 section 10(b) and rule 10b-5 will be discussed. There will be writing assignments during the course of the semester.

Prerequisite: Business Associations
Recommended: Securities Regulation

back to top

Securities Regulation (CORP8131)

3 credits. Lecture.

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. 

back to top

Selected Problems in International Human Rights (INTL9604)

3 credits. Seminar.

This seminar will explore current issues of human rights concern and might include topics such as: The United Nations System and Protection of Human Rights, Child Soldiers and Human Rights, Women's Rights as Human Rights, Death Penalty, Genocide and International Crimes, Freedom of Speech - A Comparative Analysis, and Trafficking, among others. In addition, each student will select a country for more in-depth research on the status of Human Rights in that country. This course could fulfill the AWR requirement and no prerequisite is required.

back to top

Selected Topics in Immigration Law (PUBR9187)

3 credits. Seminar.

This seminar will examine cutting-edge developments in immigration law and policy, exploring current issues relating to refugee and asylum protection, enforcement of immigration law (including detention policy, immigration raids, and state and local enforcement of immigration law), immigrant workers' rights, and the intersection of immigration law with national security policy. In addition to in-depth coverage of the constitutional, statutory, and regulatory law implicated by these topics, the class will also include significant policy discussion. The class will follow an immigration case currently pending before the Supreme Court, as well as legislative initiatives and proposals aimed at immigration reform. It is recommended, but not required, that students take Immigration & Naturalization Law prior to enrolling in this seminar.

back to top

Skills for Health Law Practice (HLTH9650EM)

2 credits. Skills.

This Legal Practice course connects the substantive health law that students are learning in their health law classes with the legal skills and problems that commonly arise in the practice of health law. The course uses a mixture of lecture, guest speakers, class discussion, group work, simulations, and writing exercises to explore substantive law and skills specific to three common health law practice settings: government (enforcement, legislative, or regulatory); in-house counsel at a non-profit hospital or health insurer; and patient representation (policy, advocacy, or direct services). For example, students may negotiate and draft agreements between providers and hospitals, conduct investigative inquiries using redacted medical records and other investigative materials in a professional licensing investigation, and research, draft, and promote model health legislation from an advocate's perspective.

The course is graded High Pass, Pass, D, or Fail based on attendance, class participation, preparation for simulations, and writing assignments; there will not be a final examination. To maximize synergy between classroom and real world practice experiences, students are required to secure (or to have completed) a health law externship or other similar health law placement approved by the Health Law Program by the first week of classes. Pre- or

Co-requisite: Health Law.

back to top

Slavery, Human Trafficking and the Law (HIPH7522)

2 credits. Lecture or 3 credits. Seminar

The Miami Declaration of Principles on Human Trafficking (February 10, 2005) reports that 600,000 to 2,000,000 people are trafficked across international borders annually and millions more are trafficked within borders, even though slavery is now declared to be illegal in every nation on the planet. An estimated 27 million people toil under bondage-like conditions around the world. The declaration further asserts that human trafficking has become the third-largest source of profits for organized crime, generating billions of dollars in revenue each year. In spite of the illegality of trafficking and its condemnation by a broad cross-section of influential governmental and non-governmental voices, the practice seems to be exploding, raising the haunting spectre that slavery, with all its ills, will once again become an accepted part of our daily lives. This course will cause the student to ask why this is so, why it is often hidden from view, and to consider the role of the law in exposing and combating this pernicious evil. After briefly considering the historical background on the global abolition of slavery and the rise of human trafficking , the seminar will give the student a thorough introduction to the international, regional, and domestic legal rules, principles, policies, and administrative practices that are relevant to current efforts by international organizations, states, and non-governmental organizations to put an end to human trafficking. The seminar will then review a broad variety of legal sanctions, investigative techniques, and enforcement strategies used to eliminate trafficking and related crimes, focusing on why some have been successful and others have not. Particular attention will be paid to the roles that immigration policies, corporate employment practices, and prosecutorial decision-making play in this process. Finally, the course will look at current policies and proposals designed to increase the protection and successful reintegration of victims of human trafficking.

back to top

Sports and Entertainment Law Journal (JRNL7155, 7156, 7157, 7158)

1 credit per semester for member. 1 to 2 credits per semester for editor.

 

The Sports & Entertainment Law Journal and the Sports Law Symposium are dedicated to studying the expanding disciplines constituting the law and business of the sports industries.

Each year, a Symposium on contemporary issues offers a series of addresses and panel discussions of current sports law issues by speakers who are nationally renowned in the world of sports. The Sports Law Journal publishes the proceedings of the Symposium and also offers scholarly and practical examinations of issues associated with sports in both the legal and educational communities. A writing competition and interview session are held each year for those students interested in joining the Journal of Sports Law. Members must write a publishable piece as a threshold requirement, a requirement that need not be repeated each semester thereafter.

Course is graded on a Pass/D or Fail basis. To receive any credits for the Sports & Entertainment Law Journal, a student must first complete a student note or comment for this Journal.

Maximum of 6 credits.

back to top

Sports Law (INDL7308)

2 credits. Lecture.

A survey of the major topics in sports law. Special attention is given to the regulation of professional and amateur athletics, the organizational structure of sports leagues and associations, labor-management relations, international sports regulatory agencies, individual rights of athletes and spectators, and the application of tort and criminal law principles to sports. This course is designed for law students with an interest in the interrelationship of American sports and the legal system and not exclusively for those interested in careers as sports lawyers.

back to top

State and Local Government (PUBG7804)

2 credits. Lecture.

This course explores the organization and operation of state, county and municipal government.  It considers the relation between state and local governmental bodies and the federal government; reserved powers; home rule and other conceptual frameworks; decision-making processes and allocation of authority and services; and liabilities of governmental entities and officers.

back to top

State Constitutional Law (PUBR9175)

3 credits. Seminar.

This seminar examines the striking developments that have occurred in state constitutional law over the past three decades. It begins with the history, nature and functions of state constitutions and compares their scope and content with that of the US Constitution. It also explores the unique interpretation problems of state constitutions and their methods of judicial review. It devotes primary attention to the "evasion cases" in which state supreme courts have increasingly relied on their own constitutions (1) to provide greater civil liberties for their residents than required by the US Constitution and (2) to insulate their decisions from US Supreme Court review.

Prerequisites: Constitutional Law or Constitutional Law I and II.

Note: Students can only apply either State Constitutional Law (PUBR9175), New Jersey Constitutional Law (PUBR7906), or Chief Justice Hughes' Influence on the Development of NJ Law (HIPH9520) towards degree requirements.

back to top

Tax Practice and Procedure (TAXN7115)

2 credits. Lecture.

This course includes: the statute of limitations, burden of proof and tax penalties; equitable doctrines; administrative procedures, including audits, appeals, request for rulings and technical advice; settlements; closing agreements and compromises. It undertakes an in-depth analysis of the Internal Revenue Service and the functions and responsibilities of its various divisions. It studies choice of forum in civil tax litigation, including the tax court, district court, and claims court. It surveys tax court litigation, including the statutory deficiency notice and tax court petition and other jurisdictional prerequisites; tax refund claims and litigation; the collection process, including assessment of tax, jeopardy assessment, levy and distraint, the tax lien and its priorities, restraining tax collection, the innocent spouse rules and transferee and fiduciary liability.

 Prerequisite: Federal Income Taxation.

back to top

Taxation of Partnerships and Limited Liability Companies (TAXN8114)

3 credits. Lecture.

This course provides an introduction to federal income taxation of partnerships and limited liability companies. It first considers the tax factors that influence choice of entity ("C" Corporation, "S" Corporation, Limited Liability Company or Partnership) and the issue of entity classification for tax purposes as a partnership or a corporation. This course then examines issues that arise in the formation, operation, and dissolution of a partnership or the limited liability company, including: tax consequences of contributions of goods and services; distributions to partners; special allocations; inside and outside basis limitations on the deductibility of losses; and sale or liquidation of partnership interests.

 Prerequisite: Federal Income Taxation.

back to top

Terrorism, Civil Liberties and International Human Rights: Comparative Perspectives (PUBG9174)

3 credits. Seminar.

This seminar will examine the challenges terrorism poses to international human rights and individual liberties from a comparative perspective. It will explore how both different countries and international tribunals have  grappled with issues of detention, interrogation, the use of deadly force, rendition, and government secrecy in the context of efforts by governments to combat terrorism.

back to top

Topics in Islamic Law and Jurisprudence (HIPH9500)

3 credits. Seminar.

This seminar will explore a series of important and timely issues in Islamic Jurisprudence and Law. After offering the students a brief overview of Islamic Jurisprudence, the seminar will address several discussion topics, including Charity, Jihad, Islamic Finance, Slavery, and selected topics in Islamic Family Law. Several invited guest speakers will address the seminar and students will be responsible for preparing an approved research paper in one of the topic areas.

back to top

Torts for MSJ's (HLTH7409)

3 credits. Lecture

This online course examines the law governing private recovery for injuries covered by "civil wrongs."  Focusing on the law of negligence, topics will include determining the standard of care; the roles of judge, jury, custom, and statute; exceptions to the duty to exercise reasonable care; actual and proximate causation; defenses to negligence liability; and damages.  The course will include regular writing assignments designed to strengthen students' analytical and writing skills.  The course is required for students in the MSJ program and is not available to students in other degree programs.

back to top

Torts I (LAW 6008)

First year, Fall semester, 4 credits. Lecture.

This course examines the law governing compensation for civil wrongs not arising from agreement and judicial remedies for such wrongs. It includes intentional torts and privilege defenses; negligence-elements and defenses; and strict liability, including ultra-hazardous activities, and product liability. Special emphasis is given to legal theories of causation, standards of care and issues of proof.

back to top

Torts II (PRFM7006)

2 credits. Lecture.

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

back to top

Trademark and Unfair Competition (INDL8302)

3 credits. Lecture.

This course treats common law and statutory protection of ideas, trade secrets, and trademarks, including: acquisition and loss of trademark rights; registration and licensing; problems of infringement, dilution, and misappropriation of trademarks; fair use and Internet use of trademarks; and related remedies.

back to top

Trademark Registration (INDL9322)

2 credits. Seminar.

Federal registration provides important benefits to trademark owners, including corporations. Trademarks are among a company’s most valuable assets. Registration work is a staple of many law firm and in-house intellectual property practices. This class will cover the basics of domestic and international trademark registration practice, from selection of a mark and legal screening/clearance through opposition proceedings, registration, and beyond. Hands on, practical use of the USPTO website for filings and research will be explored. Assignments will include hands on drafting of opinion letters, registration papers, and pleadings drawn from real-world examples.

back to top

Transactional Health Law (HLTH8507)

3 credits. Seminar.

This course provides LL.M. students with practical legal experience relevant to the health care industry. Students participate in various simulations and exercises that integrate theory and practice and provide an opportunity to work with practicing health attorneys. In special circumstances, J.D. students may enroll in this class.

NOTE: This course is available only to students in the LLM program.

back to top

Transactional Skills (PRMD9222)

2 credits. Skills.

The transactional skills course is an exciting and practical bridge between the substantive law involved in transactions and the application of law to an actual deal. Focusing on real deals and real problems, experienced adjunct faculty conduct the course in an interactive seminar setting. Part of the course is the negotiation and the drafting of documents associated with a model transaction, such as confidentiality agreements, letters of intent, due diligence document requests, asset purchase agreements and opinions of counsel. Another part of the course focuses on special problems associated with transactions, such as restrictive covenants. Ethical issues encountered in transactional practice are discussed throughout the course. Everyone participates and professors are invaluable sources of in-depth knowledge.

Prerequisite: Business Associations and Federal Income Tax. Course is graded High Pass, Pass/D or Fail.

back to top

Transnational Law (INTL7600)

2 credits. Lecture.

This course will provide an introduction to the international legal system, its institutional building blocks and the participant, intermediaries and representative transactions that characterize it. The course is designed to introduce students to the sources of law in different legal systems, treaty interpretation, and methods of decision making. First year students are invited to enroll. Class readings will be organized on a module basis around contemporary legal debates. Topics include: (i) sources of international law, treaty interpretation, and the role of states in the international legal system; (ii) pluralism beyond the state: international actors and the law making process; (iii) international law in national courts: hierarchy and norm conflict; (iv) business disputes: foreign investment and the CISG in action; (v) the role of the individiual in international law, and the impact on state sovereignty. 

Note: Students who will have completed less than 15 credits at the end of the Fall semester may enroll at the discretion of the Dean of Students.

Course is graded Pass/D or Fail for all first year students; upper level students may take the course for a letter grade, unless they choose to take it Pass/D or Fail, as their one course eligible under the Pass/D or Fail Option Policy.

back to top

Transnational Lawyering Skills: The Rule of Law in Guatemala (INTL9630)

2 credits. Skills.

The course builds upon Seton Hall Law’s existing Guatemala Rule of Law program in which a small group of law students travel to Guatemala during fall break (with faculty) to learn about human rights and access to justice issues. In the past, the program has engaged with partners in both the U.S. and Guatemala on a range of topics, including criminal justice reform, legal services for rural populations, right to information and government transparency, and accountability for past human rights violations. The course will expand on this program through an intensive focus on skills-building in the context of an integrated curriculum. The course will consist of weekly classes focused on developing lawyering skills through an examination of various human rights and rule of law issues in Guatemala. The students will travel to Guatemala over the Fall break, providing them with an opportunity to apply the skills and knowledge through on-the-ground experience and engagement with local partners. The remainder of the semester will focus on the students’ completion of discrete projects initiated during the trip, accompanied by additional skills-focused instruction. While the specific context will be human rights and rule of law issues in Guatemala, the aim is to provide students with transferrable skills, such as interviewing techniques, cross-cultural-counseling skills, and developing and presenting legal education and training materials, that may be applied more broadly to a wide range of other areas.

Topics explored during the course will include documentation of and accountability for human rights violations; sexual trafficking and gender-based violence; the impact of U.S. immigration policy on Guatemala; and access to basic legal services. Each subject area will provide an opportunity for intensive skills-focus on interviewing techniques, legal research and writing, fact-development and investigation methods, cross cultural competency, and exposure to alternative lawyering strategies, including use of the media and public education. The teaching methods will combine doctrinal study with experiential learning exercises.

Prerequisite: Persuasion and Advocacy.

back to top

Trial of a Civil Matter, The (PRMD9250)

2 credits. Skills.

The course takes a single substantial and complex problem and follows it all the way through a trial. Pre-trial matters and most motions other than those in limine are omitted. Unlike Persuasion & Advocacy, it seeks to integrate evidentiary questions into the formulation and presentation of evidence. The course spends substantial time on the areas that have been omitted from Persuasion & Advocacy, focusing on jury selection, as well as the preparation and examination (and cross examination) of expert witnesses. Like Persuasion & Advocacy, it is extremely participatory, with students expected to perform in almost every class. Unlike Persuasion & Advocacy, however, the performances are not limited to 2 to 3 minute sections of an examination, or even shorter drills. Instead students are required (with a partner) to do full, lengthy and more intricate examinations far more similar to those practicing attorneys actually perform in courtrooms.

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

Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice and Advanced Civil Practice or Advanced Criminal Practice or Advanced Civil Practice: The Simulated Law Firm.

Note: Students cannot apply both The trial of a Civil Matter (PRMD9250) and The Trial of a Criminal Case (PRMD9255) towards degree requirements.

back to top

Trial of a Criminal Case, The (PRMD9255)

2 credits. Skills.

The course takes a single substantial and complex problem and follows it all the way through a trial. Pre-trial matters and most motions other than those in limine are omitted. Unlike Persuasion & Advocacy, it seeks to integrate evidentiary questions into the formulation and presentation of evidence. The course spends substantial time on the areas that have been omitted from Persuasion & Advocacy, focusing on jury selection, as well as the preparation and examination (and cross examination) of expert witnesses. Like Persuasion & Advocacy, it is extremely participatory, with students expected to perform in almost every class. Unlike Persuasion & Advocacy, however, the performances are not limited to 2 to 3 minute sections of an examination, or even shorter drills. Instead students are required (with a partner) to do full, lengthy and more intricate examinations far more similar to those practicing attorneys actually perform in courtrooms.


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

Prerequisites: Persuasion and Advocacy, Evidence or Evidence: Theory and Practice and Advanced Criminal Practice or Advanced Civil Practice or Advanced Civil Practice: The Simulated Law Firm.

Note: Students cannot apply both The Trial of a Criminal Case (PRMD9255) and A Trial of a Civil Matter (PRMD9250) towards degree requirements.

back to top

United States Foreign Relations Law (INTL7625)

3 credits. Lecture.

This course examines the constitutional and statutory law that regulates the conduct of U.S. foreign relations. The topics covered include the distribution of foreign relations authority between and among the three federal branches, the relationship between the federal government and the states in regulating foreign relations, and the status of international law in U.S. Courts. While history is important to the development of foreign relations law, contemporary controversies arising out of the so-called "war on terror" will be a major focus of the course. In addition to the power of the President to imprison people he determines to be "enemy combatants," current debates include the nature and limits on the war power, the scope of the treaty power and the validity of executive agreements.

back to top

United States Supreme Court, The (PUBG9178)

3 credits. Seminar.

This seminar will study the development of the Supreme Court of the United States into an institution that, unlike a traditional court, but like a political body, sets its own agenda. In addition, it will examine closely several cases which the Supreme Court has placed on its agenda for this term.  Today, we tend to take for granted that the Supreme Court of the United States possesses the power to set its own agenda by selecting which cases to decide.  Yet for more than one hundred years, the Supreme Court has no power at all to pick and choose which cases to decide, and the current scope of this power took years to develop.  This seminar will trace how this transformation took place, the role of judges in seeking statutory changes expanding their own power, and judicial practice under the resulting statutory changes.  In addition, it examines whether this change is consistent with the classic justification for judicial review and with Hamilton's famous description of the judiciary as lacking will.  Moreover, the seminar explores how this transformation has affected substantive constitutional law, the Justices' understanding of themselves and their role, and the conception of the Supreme Court.  The class will then examine several cases which the Supreme Court has chosen to decide this term.  The class will read the briefs in these cases, as well as a bench memo prepared and presented by a member of the class.  Students will write and present either (1) a paper exploring some aspect of this transformation of the Supreme Court, such as its impact on a particular area of substantive constitutional law; or (2) a bench memo for a case in which the Supreme Court has granted certiorari but not heard argument prior to the start of the semester.  Whichever option is chosen must meet the school's standards for the Advanced Writing Requirement.

back to top

White Collar Defense (CRJU7405)

2 credits. Lecture.

The course covers legal, ethical and practical problems encountered in the defense of individual or corporations alleged to have committed white collar crimes. Topics will include: federal and New Jersey State grand jury practice (including subpoena compliance and witness privileges); dealing with prosecutors during the investigation; issues of multiple and corporate representation; pre-trial motion practice; parallel state and federal proceedings; discovery; and sentencing.

Prerequisite: Criminal Law.

NOTE: Students cannot apply both White Collar Defense (CRJU7405)and either White Collar Prosecutions (CRJU 7412) or Federal Criminal Law (CRJU 7404) towards degree requirements.

back to top

White Collar Prosecutions (CRJU7412)

2 credits. Lecture.

This course deals with current trends in white collar crimes, including: the federalization of white collar crime; difficulties in drafting and construing white-collar criminal statutes; considerations in determining what business misconduct should be criminalized; the use of criminal law to combat regulatory violations, breaches of fiduciary duty, and breaches of ethics; and appropriate punishment.

Prerequisite: Criminal Law.

NOTE: Students cannot apply both White Collar Prosecutions (CRJU7412) and either White Collar Defense (CRJU 7405) or Federal Criminal Law (CRJU 7404) towards degree requirements.

back to top

WTO: International Trade In A Global Economy (INTL8601)

2 credits. Lecture.

This course studies international law applicable to commercial transactions. It examines "private law" made between parties, and the public international rules of the international economic system. Particular emphasis is placed on foreign direct investment, the role of the World Bank and the IMF in economic development, letters of credit and international contracting, and international arbitration.

back to top

Zoning, Planning and Land Use Property (PROP7707)

2 credits. Lecture.

This course is a comprehensive study in governmental land use controls through zoning and planning. Subjects studied include: the validity of zoning and planning; zoning and planning procedures; nonconforming and conditional uses; variances; exclusionary zoning; the Fair Housing Act; regional zoning; and environmental land use controls.

Prerequisites: Property or Property I and II.

back to top