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Courses by Title

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 more than four credits of undergraduate or graduate accounting are ineligible for this course.

Administrative Health Law (HLTH7500)

3 credits. Lecture.

This course explores the powers and processes of administrative agencies in our governmental system, paying particular attention to why and how administrative agencies came to secure such a prominent place in our political, legal and constitutional landscape. It further explores the relationship administrative agencies have with the executive, legislative and judicial branches of government, and how these three branches of government, both formally and informally, limit and affect administrative agency policy and activity. In exploring these issues, particular emphasis will be placed on agencies and processes that affect the health care industry.

NOTE: Students cannot apply Administrative Health Law (HLTH7500) and Administrative Law (PUBG7801) towards degree requirements.

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.

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.

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.

Advanced Arbitration Skills (PRMD9224)

2 credits. Skills.

This skills course is an intensive study of the law relating to arbitration. Coursework will focus on the many applications of arbitration, and discussion topics will include judicial review, enforcement of arbitration awards, and the application of the arbitration process to the public and private sectors. Students will participate in simulated exercises, with evaluation and critical analysis by other students and faculty. Course is graded High Pass, Pass/ D or Fail.

Prerequisite: Dispute Resolution Processes

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/D or Fail.

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

Note: Students cannot take Advanced Civil Practice (PRMD 9128) course and Advanced Criminal Trial Practice (PRMD9219).

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/D or Fail.

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

Note: Students cannot take this course and Advanced Civil Trial Practice (PRMD9218).

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.

Advanced Intellectual Property Theory (INDL9313)

3 credits. Seminar.

This seminar focuses on the theoretical foundations for patent, copyright, and trademark law, including public goods theory, which is the traditional basis for patent and copyright law, and competition theory and search-cost theory, which are traditional bases for trademark law. This seminar focuses on these theories and the common ground shared by all theories of intellectual property, which is providing incentives for suppliers of intangible creations and preventing free riding by others.

Prerequisites: Intellectual Property, or Patent Law & Practice, Copyright and Trademark & Unfair Competition

Advanced Mediation Skills (PRMD9228)

2 credits. Skills.

This skills course explores the dynamics, benefits, and constraints of mediation as a dispute resolution process. It examines mediation as a collaborative process of resolving conflict and considers legislative, ethical and practical limits on its use. Through discussions, simulations and case studies, the course focuses on the skills a mediator must have to facilitate a constructive resolution of conflict. The course will also examine the strategies and techniques used by advocates to accomplish beneficial outcomes in mediation. After initial skills training in the course, students may have the opportunity to act as mediators in actual disputes, such as those pending before small claims courts, municipal courts, and governmental agencies. Course is graded High Pass, Pass/ D or Fail.

Prerequisite: Dispute Resolution Processes

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/ D or Fail.

Prerequisite: Dispute Resolution Processes

Advanced Topics in Intellectual Property (INDL9308)

3 credits. Seminar.

This seminar will focus on emerging issues in intellectual property law and policy, including digital rights management and the Digital Millennium Copyright Act; peer-to-peer networking; copyright term and online content; international patent policy, access to essential technologies, and indigenous cultural products; gene and other biotechnology patents; and patent policy with respect to generic medicines.

Prerequisite: Intellectual Property or Patent Law and Practice.

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.

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.

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.

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.

Prerequisite or Co-requisite: Medical Malpractice.

Recommended: Evidence

NOTE: Not available to MSJ students.

Antitrust (PUBG8801)

2 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 Antitrust (PUBG8801) and Health Care Antitrust (HLTH9513) towards degree requirements.

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.

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.

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.

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.

Biotechnology and the Law (INDL9319)

2 credits. Course.

Counseling new or small businesses on intellectual property issues is challenging. They have limited resources, and often have personnel who are not familiar with the intricacies of intellectual property laws. However, without effective counsel, they will fail to maximize the value of their own intellectual property and run the risk of being shut down because they violate someone else's rights. Using a hypothetical biotechnology company, this course will navigate a series of complex intellectual property issues that counsel for a start-up company will likely confront. For each of the topics, students will review the current state of the law and explore ways to respond to the concerns and questions of employees of the hypothetical company.

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.

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.

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.

NOTE: This is a lecture course with an examination, not a skills course.

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.

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.

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.

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.

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.

Civil Litigation Clinic (CLIN7180,7181)

4 credits clinical component, 1 credit classroom component

The Civil Litigation Clinic provides students with an opportunity to litigate civil cases in a variety of fora and subject areas. The caseload may range from a federal class action lawsuit to landlord-tenant, consumer, and family cases in state court. Students will engage in all phases of the legal process, including interviewing, counseling, negotiation, motions, pleadings, discovery, trials, and appeals. The clinic represents tenants in landlord-tenant cases, represents parents and children in divorce and custody proceedings, and litigates consumer and a variety of other cases as well. 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.

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.

Civil Rights and Constitutional Litigation Clinic (CLIN7186,7187)

4 credits clinical component, 1 credit classroom component.

The Civil Rights and Constitutional Litigation Clinic focuses on national security and human rights cases emerging from the war on terror, including those raising issues related to the lawfulness of extraordinary rendition, torture and indefinite detention. The clinic has been heavily involved in the Guantanamo Bay habeas cases, litigation to protect the rights of immigrants, prisoners' rights and increasing openness in government. 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.

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.

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

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.

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.

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.

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

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

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.

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.

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.

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

Compliance Planning: Planning and Implementing an Effective Corporate Compliance Program (HLTH7528)

2 credits. Lecture.

The course will focus on the managerial and legal aspects of corporate compliance programs including the need for, and development of, an effective corporate compliance program. The course will examine government regulations, guidance documents and enforcement initiatives which have created a framework for modern compliance programs in the health care industry. In addition, the course will examine other laws and standards such as Sarbanes-Oxley and NYSE and NASDAQ listing rules which mandate certain elements of a corporate compliance program. The course will provide a practical overview of how to design, implement and manage a corporate compliance program, focusing on the essential "seven elements" of an effective program. Emphasis will also be placed on the incorporation of ethics into a compliance program with the goal of creating a culture of compliance within an organization.

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.

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.

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.

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.

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.

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.

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

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.

Contracts I and II (LAW6006,6007)

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

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.

Corporate Ethics (CORP9136)

3 credits. Seminar.

This seminar focuses on a practical application of the fundamental ethical concepts in the Professional Rules of Conduct to non-litigation practice. The topics that will be covered include the following: corporate practice of law such as the formation of a business, transactions and securities; and “office practioner” issues in real estate transactions and estate planning. The seminar will include the application of the Rules of Professional Conduct to transactional negotiations and the mediation of contract disputes. A list of research topics will be provided. Students may also design their research topic to be approved for the AWR.

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.

Corporate Litigation, 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. In connection with that, we will study the legal issues surrounding break-up fees, fairness opinions, and other deal issues. The course also covers the mechanics of combination transactions from preliminary agreement to consummation, including letter of intent, due diligence, and acquisition and divestitutre documents, with special emphasis on key stragegic and legal issues common to the diligence, negotiation and drafting processes, including securities disclosure obligations (Form S-4, Merger Proxy Statements). We also will study poison pill initiatives and other defense mechanisms used to thwart unwanted takeover attempts, including current issues in corporate governance and shareholder prespectives. We will consider the Board's reole 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

Corporate Taxation (TAXN7113)

4 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.

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.

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.

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.

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.

Cultural Property (PROP9702)

3 credits. Seminar.

This seminar examines the theoretical and moral justifications for property ownership and applies these ideas in a variety of contexts, including intellectual property, and historical and natural artifacts. It also explores the margins of what should be considered property, and questions whether a property framework sheds insight on issues such as the content of public education and appropriate treatment of the American flag.

Prerequisites: Property or Property I & II

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.

Death Penalty (CRJU7409)

3 credits. Lecture.

Disability Law (PUBR7912)

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.

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.

Prerequisite: Evidence.

Dispute Resolution Processes (PRMD8209)

2 credits. Lecture.

This course will explore negotiation, mediation and arbitration as process alternatives to litigation to resolve legal conflicts as well as the principle court-annexed ADR alternatives now used to resolve litigation at the earliest opportunity. In addition to understanding these ADR processes, this course will provide an in depth understanding of the federal and state statutes and case law which govern and enforce the pre-dispute contractual election to opt for private neutral-administered mediation and arbitration as alternatives to public trials before a court and jury.

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.

Drug Innovation, Regulation and Costs (HLTH9508)

3 credits. Seminar.

This seminar will examine the process and rationale for the regulation of drugs and medical devices and current issues about the impact of the regulatory scheme. Topics to be covered include whether speeding up drug approval increases safety risks, what lessons are provided by Vioxx, and when comparative efficacy testing of drugs is warranted. Attention will be given to matters that can affect the cost of drugs including the standards for approval of generic drugs, non-patent regulatory protections, and OTC switches. FDA’s role with respect to innovative drugs such as those for human enhancement will be examined.

While there is no prerequisite for the seminar, a course in Food and Drug law is recommended.

Drugs and Devices: Law and Current Issues in the Practice (HLTH7512)

2 credits. Lecture.

This course will cover the basic legal requirements for both prescription drugs and over the counter drugs as well as devices for marketability in US commerce. There will be discussion on the government bodies which have jurisdiction over these products and the enforcement tools they have to assure safe and efficacious drugs and devices in the US. We will cover some of the major current issues and cases which affect constitutional limits on the FDA regulations as it relates to 1st amendment rights and other compliance issues regarding advertising, constraints on distribution of new clinical trial results and methods which allow new data to reach the medical population.

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.

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.

Electronic Commerce (INDL7307)

3 credits. Lecture.

This course will consider how developments in information technology affect commercial transactions. The course will consider issues related to information (including rules for protecting information, intellectual property and privacy) and various types of transactions in the electronic contexts (sales between businesses and/or consumers, website issues, and payments), as well as cross-border dispute-resolution issues. Particular emphasis will be placed on the social, political, and economic issues underlying those legal doctrines.

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, e-mail is 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, e-mail, 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 amendment to the court rules two years ago, (2) how to manage and balance e-discovery issues that will inevitably arise in their practice, and (3) the technology behind the legal issues that arise in the e-discovery context. Course is graded High Pass, Pass/D or Fail.

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

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.

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.

Energy, Economics and the Environment (PUBG7807)

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. Students will have the opportunity to tour an energy facility, and to submit research to the National Regulatory Research Institute.

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.

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.

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.

Environmental and Toxic Tort Litigation (ENVR9005)

2 credits. Seminar.

The seminar combines substantive principles of environmental and toxic tort law and related litigation and case management issues in the context of a hypothetical and toxic tort case. It will include discussion and class exercises relating to claims and defenses, pleadings, discovery, motions, case evaluation and settlement negotiations.

Environmental Issues in Business (ENVR&607)

2 credits. Lecture.

This course is designed for the transactional lawyer whose practice will require basic knowledge of environmental laws. It will begin with a brief overview of the major environmental laws, and then focus on the impact these laws have on various business transactions and requirements. These include financial accounting and disclosure requirements, insurance and bankruptcy issues, contracting issues and risk allocation techniques in connection with purchases or sales of businesses or property, environmental audits and related privilege issues, and government inspections and enforcement actions. The objective of the course is to explore the growing importance of environmental law to a variety of business-related transactions and requirements.

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.

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.

Note: Students who are interested in this course should also have taken Estates and Trusts (PROP7701).

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

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.

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.

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.

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.

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.

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.

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.

Family Law Clinics (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 adoption cases from original interview through final judgment. Students also serve as law guardians for children in termination of parental rights and other cases. 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.

NOTE: The clinic fulfills the Trial Requirement if the student is eligible to appear in court under New Jersey Court Rules. Students cannot participate in an externship in the same semester in which they are enrolled in a clinic.

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.

Family Mediation (PRMD9216)

2 credits. Seminar.

This seminar offers a detailed examination of one of the most important areas of alternative dispute resolution. It places family mediation, and especially divorce mediation, in the context of the litigation process and the alternative dispute resolution movement. It combines a detailed examination or mediation, both in court-annexed and independent settings, to resolve dispute within families, especially in the context of divorce, with training in mediation skills in the family context.

Prerequisites: Family Law, Marriage and Divorce, Dispute Resolutions Processes

NOTE: Students cannot apply both Family Mediation (PRMD9216) and Advanced Mediation Skills (PRMD9228)towards degree requirements.

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.

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.</>

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.

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.

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.

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.

Food and Drug Law (HLTH8500)

2 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.

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.

Health Care Bankruptcy (HLTH9512)

2 credits. Seminar.

As the health-care industry continues to have financial difficulties, more hospitals, physician practice groups, clinics, nursing homes and home health agencies are filing for bankruptcy or restructuring their debt. This seminar will focus the following topics: how some health-care providers became financially distressed; legal issues surrounding a health-care debtor in bankruptcy under the Bankruptcy Code and the recently enacted Bankruptcy Abuse Prevention and Consumer Act of 2005; and public policy issues that may provide a solution to what some call a "health-care financial crisis". Students will also gain practical experience by working in groups to present what legal advice they would provide to a health-care debtor, physicians, patients, and general creditors in a pre and post bankruptcy scenario.

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.).

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

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.

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.

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.

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.

Healthcare Antitrust law (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.

Prerequisite: Health Law

NOTE: This course is not available to MSJ students

HealthCare Compliance Certification Program (HLTH7405)

1 credit. Lecture.

This innovative Health Care Compliance program is a four day, full-tme program for compliance amd other pharmaceutical professionals, as well as attorneys and provides grounding in health care fraud and abuse and an overview of laws governing the pharmaceutical and medical device industries. Faculty for this program include high-level government and private lawyers who are expert in pharmaceutical and device fraud and abuse issues. A Health Law and Policy Program professor participates in each semi-annual session.

NOTE: Available only to students in the MSJ program.

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)

HIPAA and Health Privacy (HLTH7504)

2 credits. Lecture

This seminar provides a comprehensive analysis of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) health privacy provisions, which pose substantial technology and privacy requirements for health plans, health care clearinghouses, and many health care providers. Topics include HIPAA's administrative simplification provisions, the Privacy Rule, the Transaction Rule, and an overview of electronic data interchange concepts as applied to health information. Students will also explore the developing body of case law in this area. Practical experience will be offered in drafting and negotiating HIPAA business associate contracts as well as in developing privacy policies and procedures.

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.

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.

Immigrant Workers' Rights Clinic (CLIN7156-57)

4 credits clinical component, 1 credit classroom component.

The Immigrant Workers' Rights Clinic provides students the opportunity to represent immigrant workers in a variety of matters that may include human rights-based claims to protection under the Refugee and Torture Conventions, human trafficking, and wage and hour claims related to employment. Students will be actively involved in all stages of litigation including researching human rights conditions in diverse countries, interviewing and counseling clients, drafting affidavits, researching and writing briefs, conducting discovery, preparing and arguing pre-trial motions, preparing witnesses for trial, examining witnesses (including experts) in court, and settlement negotiations. In addition to direct client representation, students may be involved in Know Your Rights presentations and community outreach on issues impacting immigrant workers in New Jersey. The classroom component combines pre-trial and trial skills with substantive immigration and labor 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.

Immigration and Naturalization (PUBR7902)

3 credits. Lecture.

This course provides an introduction to the law governing the acquisition of national status and citizenship in the United States, including: right to immigrate and visas; deportation; administrative procedures; and judicial review of the Immigration and Naturalization Service.

Immigration Law & Human Rights Clinic (CLIN7154, 7155)

4 credits clinical component, 1 credit classroom component.

The Immigration Law/Human Rights Clinic provides students the opportunity to represent people from all over the world who have fled persecution and seek political asylum in the United States. Students enrolled in the clinic represent indigent clients before the INS, immigration judges, the Board of Immigration Appeals and the Third Circuit. Students will be actively involved in all stages of representation including: researching human rights conditions in diverse countries; interviewing and counseling clients; drafting affidavits; researching and writing briefs; preparing witnesses for trial and examining witnesses (including experts) in court. In addition, because so many of the clinic's clients have just arrived in the United States and are being held at the nearby INS detention center, students gain exposure to the conditions of INS detention. In addition to working on political asylum cases, students may also represent clients pursuing other forms of relief from removal or family-based immigration matters (including battered spouse self-petitions). 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.

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.

NOTE: This course does not satisfy the Trial Requirement.

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.

Information Privacy Law (INDL9234)

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 seminar 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 seminar we will examine the effect of technological change on our social conceptions of privacy and evaluate the legal reactions to these changes.

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.

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.

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

Intellectual Property Aspects of Pharmaceutical and Biotech Businesses (INDL8310)

2 credits. Lecture.

This course focuses on the recent case law, relevant legislation, and underlying policies, related to intellectual property protection in the pharmaceutical and biotech industry. We will concentrate on key patent cases from the Court of Appeals for the Federal Circuit and U.S. Supreme Court, and aspects of the FDA law that form the basis for IP protection in these industries. Recent patent cases, including those on enablement, written description, inherent anticipation, infringement under the doctrine of equivalents, inequitable conduct, and research tools, will be reviewed. We will also analyze the Hatch-Waxman Act and competition law that impact both the innovative and generic drug industries, and proposed legislation that is currently being considered by Congress that could dramatically affect these industries.

Prerequisite: Intellectual Property.

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, music, software, patent and technology 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.

Prerequisite: Intellectual Property, Copyright or Trademark and Unfair Competition.

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

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.

International Criminal Law (INTL7617)

2 Credits. Lecture.

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. The definition and codification of criminal offenses, the expansion of jurisdiction, and the creation of international criminal courts are now key issues in international criminal law. This seminar will include the following topics: criminal jurisdiction in international law including the five traditional bases; extradition and its legal and constitutional bases; the nature of international crimes in customary international law; the law of war and humanitarianism law; and the definition of international crimes. In addition, the impact of the Nuremberg tribunal will be considered. Other topics include the proposed International Criminal Court, transnational crimes, such as terrorism and drug trafficking, and major treaties pertaining to such activities.

Prerequisite: Criminal Law.

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 Public International Law.

International Environmental Law (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, trade law and international finance. 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.

International Finance: Law, Institutions and Transactions (INTL8608)

2 credits. Lecture.

This course is an introduction to the international financial system, its institutional and regulatory building blocks and the participants, intermediaries and representative transactions that characterize it.

International Law (INTL8600)

3 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.

International Law (INTL8600)

3 credits. Lecture.

International Litigation and Arbitration (INTL9608)

2 credits. Seminar.

The seminar will explore issues and legal doctrine involved in controversies which cross nation-state borders. Many of the case studies involve purely private disputes, but more often they also involve states' interests and legal systems. The subject matter of the course touches on aspects of civil procedure, conflict of laws, public international law, international business transactions and comparative law.

International Litigation and Arbitration (INTL7612)

3 credits. Lecture.

This course covers the main principles of international civil litigation. It focuses principally on United States law, but will occasionally draw comparisons with the laws of other nations. The course first addresses the international dimension of some of the topics covered in the basic course on civil procedure (such as personal jurisdiction, service of process and discovery, subject matter jurisdiction, including federal question jurisdiction, alienage jurisdiction and the Alien Tort Claims Act). It also includes an extensive study of foreign sovereign immunity law, including its history, scope and most important exceptions under the Foreign Sovereign Immunities Act (i.e., the commercial activity and non-commercial tort exceptions). The course then turns to forum selection issues, including the forum nonconveniens doctrine in international litigation and the enforceability of foreign forum selection clauses and arbitration clauses. Students examine a number of treaties governing the law in this area, including the Hague Service Convention and the Hague Evidence Convention. The course concludes by examining the law governing the recognition and enforcement of foreign judgments and arbitral awards.

Prerequisites: Civil Procedure or Civil Procedure I and II

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.

International Rule of Law (INTL8605)

2 credits. Lecture.

The 2005 United Nations World Summit recognized the need for :universal adherence to and implementation of the rule of law at both the national and international levels". While the rule of law has been embraced by thinkers, institutions and states across the political spectrum, there is little consensus on its meaning. At times the term is used as if synonymous with :law:; on other occasions it imports broader notions of justice, and in other circumstances still it is used as a political ideal for society. This seminar will explore the evolution of the rule of law as an operational concept in international law, with emphasis on its formal, substantive, and functional conceptions. It will also examine how the rule of law at the national level has been implemented through international organizations, and the extent to which those international organizations have internalized the rule of law in their own procedures. Finally, it will examine the role of law in development, how international law is enforced and the consequences of its breach, and the role of the trial in international criminal proceedings.

Recommended: International Law.

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

International War Crimes Tribunals (INTL7635)

2 credits. Lecture.

The class will cover a history of international war crimes tribunals. Legal topics to be discussed will include the sources of international criminal law as it relates to war crimes, including genocide and crime against humanity, individual accountability and jurisdictional issues. The international war crimes tribunals to be discussed will include: Nuremberg, the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the International Criminal Court. The class will also examine the different forms of hybrid international justice mechanisms, such as those in Kosovo, Bosnia and Herzegovina and Sierra Leone. In addition, detainees in the "War on Terror." The class will finish with a survey of the potential for international war crimes tribunals in the future.

Prerequisite: Criminal Law

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.

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.

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.

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.

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

Judicial Externship (EXTN9161)

2 credits.

Eligible Judges:

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

Any U.S. District Court Judge.
Any U.S. Court of Appeals Judge.
Any U.S. Bankruptcy Judge.
Any U.S. Magistrate Judge.
Any Judge of a state’s highest or appellate court.
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:

New Jersey Superior Court Judges who are assigned to the Superior Court, Law Division, Special Civil Part.
Trial level Judges in states other than New Jersey, unless approved by the Faculty Director.
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 Pass/D or Fail basis.

Prerequisites: All students must have a minimum 2.6 grade point average at the time they register for the program. Part-time day and evening students, however, who have completed less than 25 credits at the time of their application, must have a minimum 2.8 grade point average in order to enroll in the externship program. 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: Four credit maximum for all externships.

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.

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 this course and Jurisprudence (HIPH7501) towards degree requirements.

Juvenile Justice Clinic (CLIN7164)

2 credits.

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.

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.

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.

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.

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.

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.

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.

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.

Law and Literature (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. Contemporary works include The Reader by Bernhard Schlink, My Sister's Keeper in Jodi Picoult, and A Time to Kill by John Grisham.

Law and Morality (HIPH9504)

3 credits. Seminar.

This seminar will consider the relationship between law and morality as presented by historical and contemporary thinkers. It will consider the issue of whether it is possible to establish laws that are fair and ethical without imposing our ethical beliefs upon other citizens and society as a whole. The readings will include Plato (The Apology and Crito); the Bible; the Declaration of Independence; Federalist Papers; and To Kill a Mockingbird.

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.

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

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.

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

1 to 2 credits per semester for member (Beginning with the 2009 Entering class, members may only receive 1 credit per semester), 1 to 3 credits per semester for 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, 8 credits for editors. (6 credits for editors effective with the Fall 2009 entering class)

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.

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.

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.

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.

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.

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.

Making Health Care Decisions (HLTH9504)

2 credits. Seminar.

This seminar exposes students to medical, ethical and legal foundations and processes of health care decision-making. It seeks to expose medical and law students to each other's analytical methods, and to the clinical contexts in which health care decisions are made. Substantive topics will include the doctrine of informed consent, advance directives, DNR orders, brain death, treatment termination, organ transplantation, competency determinations, palliative care, pediatric decision-making, conflict resolution, and the intersection of race, culture, socio-economics and decision-making. Students will participate in an ethics consultation, go on rounds, attend a case conference, and engage in as many clinical experiences as possible to integrate the three disciplines of the course. This course takes place at the University of Medicine and Dentistry of New Jersey and is open to JD students, medical students and residents. It will be taught by a medical professor, law professor and ethicist in a clinical setting. Transportation will be provided by the Law School.

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

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.

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.

Mental Health Law (HLTH7511)

2 credits. Lecture.

This course focuses on the use of governmental authority to restrict or deprive individuals with mental disorder of liberty or property in a variety of civil contexts. These interventions are intended to either prevent future harm to self/others or "incompetent" choices. The civil commitment, both inpatient and outpatient, of individuals with major mental illnesses is the main context studied. The commitment of sex offenders, the right to refuse psychiatric medication, the duty to warn 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. A variety of mental health professionals and advocates participate in the seminar to enhance understanding of the issues and provide diverse perspectives.

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.

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.

New Jersey Constitutional Law (PUBR7906)

3 credits. Lecture.

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 (PUBR7906), State Constitutional Law (PUBR9175) or Chief Justice Hughes' Influence on the Development of NJ Law (HIPH9520) towards degree requirements.

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.

New Jersey Land Use Practice (PROP9709)

2 credits. Seminar.

This course 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

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.

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.

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.

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

Pre/co-requisite: Advanced Civil Practice or Advanced Criminal Practice Course is graded on a High Pass, Pass/D or Fail basis.

Non-Profit Organizations (HLTH9519)

2 or 3 credits. Seminar.

This seminar 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 as they relate to corporate restructuring, financing and joint ventures.

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.

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.

Patent Law (INDL8303)

2 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.

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.

Prerequisite: Federal Income Taxation.

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.

Pharmaceutical and Medical Device Marketing and Compliance (HLTH7522)

2 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.

Post-Conviction Remedies (CRJU9404)

3 credits. Seminar.

This seminar 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.

Practical Application of IP in Technology Agreements (INDL9320))

2 credits. Seminar.

This seminar is a practical survey and application of technology law, predominately covering patent, copyright and trade secret protection for a critical business asset - the information technology system upon which virtually all commerce rests. After covering essential intellectual property concepts, the course will apply these concepts and focus on how to effectively analyze, negotiate and draft the following types of agreements: software licenses, software development agreements including website/e-commerce development agreements and maintenance/support and technology services agreements from both the acquirer and the provider side. The seminar will also address the fundamentals of resolving disputes arising from those agreements, including intellectual property infringement and failures of performance, with underlying liability theories, vendor defenses and litigation strategy.

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.

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.

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-" or "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 bars as to whether that jurisdiction requires sitting for the MPRE.

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.

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.

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.

Property I & II (LAW6010/6011)

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

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

Race, Law and Education (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.

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.

Regulating Research with Human Subjects (HLTH9517)

3 credits. Seminar.

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.

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.

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.

Second Life: Law and Practice in Virtual Communities (INDL9327)

3 credits. Seminar.

Second Life, the virtual online community sponsored by Linden Labs, has emerged as the most realistic simulation of an economic society. Sun Microsystems and IBM have invested millions of dollars in online collaboration projects using sims and avatars. Many real world businesses have exploited Second Life as a marketing channel. Law firms and lawyers have established presences, and in some cases practices, in Second Life. There is even a Second Life Bar Association, which is a recognized CLE provider for the State of California. This seminar will provide an opportunity to utilize Second Life to study law and legal practice. Working with startup ventures piloted by students in the Seton Hall School of Business, law students will evaluate business proposals, identify pertinent legal issues [validity of Contracts, Trademarks & Copyrights, Property Ownership & Financing, and Dispute Resolution], and provide legal advice and representation to client avatars.

Recommended: Internet Law

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.

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.

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.

Shakespeare and the Law (HIPH9507)

3 credits. Seminar.

The seminar will study several plays with legal themes, including: Henry V, Henry VI, Richard III, Troilus and Cressida, Anthony and Cleopatra, Coriolanus, The Merchant of Venice, Measure for Measure and the fragment for a play called Thomas More. In the course of this study, a number of topics will be addressed, including the Inns of Court in Shakespeare's time; the origins of entertainment through moots, pageants, revels and state shows; contemporary legal training, including connections to Inns of Chancery and Pre-Inn legal education; Courts of Chivalry and the international law of war; and women at law, law and equity, crimes and accountability.

Shared Resources and Individual Rights and Interests (PROP9705)

3 Credits. Seminar.

This seminar will explore the tension between group and individual interests in shared resources. Issues of access and commodification are also considered. Student AWR papers will do a case study of some aspect of a specific resource management issue in the area of environmental law, land use, intellectual property, cultural property, eminent domain or regulatory takings, using theory explored in the course. Alternatively, a student may choose to satisfy the AWR requirement by writing a review essay of one or two book-length publications in the field by one of the authors studied. We will probably read articles by Harold Demsetz, Richard Epstein, Eric Freyfogle, Garrett Hardin, Michael Heller, Elinor Ostrom, Margaret Radin, Carol Rose, Joseph Sax, Henry Smith, and perhaps others to lay the theoretical groundwork.

Prerequisites: Property or Property I and II

Slavery, Human Trafficking and the Law (HIPH7522)

2 credits. Lecture.

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.

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.

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.

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.

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.

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.

Technology, Human Rights, and Equality (INDL9235)

3 credits. Seminar

This seminar will focus on recent legal efforts to restrict (and encourage) controversial medical technologies. Case studies will include 1) stem cell and genetic engineering research, 2) global access to "essential medicines" (e.g., AIDS treatments), and 3) Medicare coverage decisions (i.e., how this social insurance program decides whether to pay for advanced procedures). Readings will include basic journalistic and philosophic accounts of the controversies involved, and primary and secondary legal materials. Students with a background in intellectual property law, health care law, or administrative law should find the seminar particularly rewarding. Seminar participants will be expected to write a paper advocating for or against a regulation (or proposed regulation) related to the seminar topic.

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.

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.

Torts II (PRFM7006)

2 credits. Lecture.

Torts II continues the study commenced in torts I by an examination of the more specialized business torts, including products liability, tortuous interference, attorney malfeasance, breach of fiduciary duty, unfair competition, trade secrets and confidential information, and issues relating to Liability Insurance in Economic Torts Litigation.

Prerequisite: Torts I.

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.

Trademark Registration (INDL9322))

2 credits. Seminar.

Federal registration provides important benefits to trademark owners. Registration work is a staple of many law firm and in-house intellectual property practices. This class will cover the basics of trademark registration practice, from selection of a mark and initial screening through opposition proceedings. Assignments will include hands on drafting of opinion letters, registration papers, and pleadings drawn from real-world examples.

Prerequisite: Intellectual Property or Trademark and Unfair Competition

Trademark Theory (INDL9316)

3 credits. Seminar.

This seminar will discuss the theoretical foundations of trademark law, how the structure of trademark law reflects various goals the law is designed to meet, and how the theory and structure of trademark law compares to the theory and structure of copyright and patent law.

Prerequisite: Intellectual Property or Trademark and Unfair Competition

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.

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.

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.

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/D or Fail.

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

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

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

Trial of a Criminal Case, The (PRMD9255)

2 credits. Skills.

The course is graded High Pass, Pass/D or Fail.

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

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

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

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.

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.

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.

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.

Zoning, Planning and Land Use Property (PROP7707)

3 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.

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