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.

 

 

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.

 

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.

 

 

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.

 

 

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

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