Course Descriptions

Foundational courses are prescribed for first-year juris doctor students and available to students in other degree programs upon consulation with the Registrar's Office.

505. Civil Procedure

4 hours. Fall. This course examines the litigation process, by which civil litigation disputes are resolved in court. It entails study of the allocation of judicial power between federal and state courts, with particular attention to the jurisdiction, venue, and trial and appellate practice in the federal courts. Specific aspects of the litigation process include pleading, discovery, adjudication, including the function and control of juries, and post-trial motions. The course also engages problems inherent in a federal system of adjudication, including the roles of federal and state law as rules of decision.

530. Constitutional Law I

4 hours. Spring. An introductory study of the United States Constitution, including judicial review, the powers of Congress, the powers of the president, and the interrelationship of state and national governments. Includes an introduction to individual rights, with emphasis on the operation of the Fourteenth Amendment due process and equal protection clauses, First Amendment problems, and evolving doctrines of privacy.

520. Contracts

4 hours. Fall. A study of the basic principles governing the formation, performance, enforcement, and imposition of contractual obligations, and the role of these principles in the ordering processes of society.

525. Criminal Law

3 hours. Spring. A study of common and statutory criminal law, including origin and purpose; classification of crimes; elements of criminal liability and the development of the law respecting specific crimes; emphasis on the trend toward codification; and the influence of the Model Penal Code, including a study of the circumstances and factors that constitute a defense to, or alter and affect, criminal responsibility.

575. Legislation and Regulation

2 hours. Fall. This course introduces students to the central role of legislatures and administrative agencies in the practice of law today, addressing how statutes and regulations are generated, changed, and interpreted. This course is a primary building block for Constitutional Law, Administrative Law, Legislation, and numerous specialized upper-level courses such as Employment Law, Environmental Law, Intellectual Property, International Trade Law, and Securities Law.

545. Property

4 hours. Spring. An introduction to alternative theories of property rights, the division of property rights over time (common law estates, landlord-tenant law), concurrent ownership, private land use controls (easements, covenants), and public land use controls (eminent domain, zoning).

535A, 535B. Legal Writing, Research, and Advocacy

4 hours total. An introduction to law and sources of law, legal bibliography and research techniques and strategies, the analysis of problems in legal terms, the writing of an office memorandum of law and an appellate brief, and the presentation of a case in appellate oral argument.

550. Torts

4 hours. Fall. A study of compensation for personal and property damages growing out of negligence, intent, or strict liability, with special attention given to nuisance, misrepresentation, defamation, and privacy. Certain concepts, such as proximate cause and privilege, are considered in depth. Social policies underlying tort law prevention and loss shifting are analyzed.

The following courses are offered for Fall 2014. Course availability is subject to change.

Seminar: 842. Advance International Negotiations

Credits: 3 hours

Instructor(s): Balian, Hrair & Zwier, Paul

Prerequisite: None

Grading Criteria: Paper

Description: After a review of strategies and styles in the two party disputes, this seminar will look at complex multiparty international negotiations, including but not limited to: Border Dispute between Bolivia, Chile and Peru: Selected issue in Middle East Peace-- the “Right of Return”, compensation if right of return cannot be exercised, and “Water Rights” ; Sudan – CPA and Darfur; the Dayton Peace Accords. As basic understandings of dispute and conflict resolution techniques will have been covered in the prerequisite courses, we will consider an number of interdisciplinary readings including readings from Deutsch and Coleman’s Handbook of Conflict Resolution, Theory and Practice, Roger Fisher’s Coping with International Conflict, Mnookin’s Beyond Winning and Kremenyuk’s International Negotiations, which deal with research on the wide array of potential approaches to conflict resolution. (See syllabus.) The student’s paper will be based either on 1) an in depth analysis of one of the class simulations, with a focus on the legitimacy (international law support) of any proposed solution, or 2)on the history, law, methods, practice and theory of an international dispute chosen in consultation with the professor.

Seminar: 841A. Feminist Legal Theory

Credits: 3 hours

Instructor(s): Mols, Yvana; Fineman, Martha

Prerequisite: None

Grading Criteria: Paper

Description: This seminar explores established and emerging feminist critiques of law. It first investigates how evolving feminist perspectives on power and justice translate into legal formulations, and discusses the various models of feminist legal theory. The seminar will then examine debates over gender essentialism and neutrality and the contested centrality of identity categories like class, culture, sexuality, race, ability and their intersectionality. Students will explore how group-based discrimination is structured by institutional barriers to achievement and opportunity, such as classed educational systems, heterosexual kinship formulations, and gendered and racialized caregiving arrangements. Other topics will include: transnational violence against women, transgender challenges to women-only spaces, reproductive rights, disability, intimate labor and vulnerability.

Seminar: 819. Human Rights Perspectives

Credits: 3 hours

Instructor(s): An-Naim, Abdullahi

Prerequisite: None

Grading Criteria: Paper

Description: This graduate seminar, open to students from the Law School, Graduate School and School of Public Heath, examines the theory and practice of global human rights from an interdisciplinary perspective.  In addition to issues of the history, origins and legitimacy of universal human rights, the seminar will discuss standards, institutions and processes of implementation.  The seminar will also examine human rights across a variety of substantive issues areas, including; conflict, development, globalization, social welfare, public health and rights of women and other vulnerable groups.  Evaluation will be based on seminar participation, a series of short thought papers and major research paper.  Students will also make brief presentations of their final papers.

Seminar: 817. Implementation of International Law in the U. S.

Credits: 3 hours

Instructor(s): Van der Vyver, Johan

Prerequisite: None

Grading Criteria: Paper

Description:  An overview of American foreign policy, highlighting among other things what has come to be known as American exceptionalism and contrasting that with the post-World-War I American policy of isolationism, the promotion of American interests in international law, and a shift in American foreign policy brought about by the Obama administration; The prosecution of offences against the law of nations in the United States, with special emphasis on Article VI, Clause [2], and Article 1, Section (8), Clause [10], of the Constitution, and with special reference to the prosecution of torture and genocide in the United States; Non-ratification by the United States of the Convention on the Rights of the Child, with special emphasis on the influence of religious groups that oppose the ratification on biblical grounds, and the role of federalism (the rights of the child are almost exclusively within the jurisdiction of states) that may preclude the federal authorities from ratifying the Convention; The United States and the jurisprudence of international tribunals, with special emphasis on reluctance of the United States to submit itself to the jurisdiction of such tribunals, the Nicaragua Case in which the International Court of Justice in the 1980’s condemned the United States for its assistance to the Contras, and the fairly recent judgment of the U.S. Supreme Court in the case of Medellín v. Texas, as well as decisions of the American Commission on Human Rights relating to non-compliance by the United States with the Vienna Convention on Consular Relations (by not always informing an alien detainee of his or her right to consular assistance); The International Criminal Court (ICC), with special emphasis on the positive role played by the United States in the drafting of the ICC Statute, hostility of the Bush administration toward the ICC, and re-engagement by the Obama administration with the ICC in 2009 to become a “cooperating non-party State” and how this is to be reconciled with the American Servicemembers Protection Act, which in essence prohibits the United States from cooperating in any way with the ICC.

Military Interventions by the United States, with special reference to provisions in the U.N. Charter that instruct Member States not to settle their international disputed through the taking up of arms, questions as to legality under the norms of international humanitarian law of anticipatory self-defense, humanitarian interventions, and wars of liberation, the Reagan Doctrine, and the recent armed interventions in Kosovo, Afghanistan, and Iraq.

Seminar: 815A. Legal and Economic Issues in Health Policy

Credits: 3 hours

Instructor(s): Shepherd Bailey, Joanna

Prerequisite: None

Grading Criteria: End-of-course written paper, four brief response papers, and class participation.

Description: This course is designed to introduce students to the application of economic theory to the health care market.  We will begin the class with a brief introduction to the basics of health economics and the use of empirical methods to isolate the causal effects of laws on individual behavior  and health outcomes. We will then explore a host of current issues in health policy including the production and demand for medical care, the effect of insurance coverage on health, models of physician and hospital behavior, issues relating to the pharmaceutical market, the factors contributing to the explosion of healthcare costs in the U.S, and other topics. Health economics concepts will be linked to current policy debates at the state and federal levels. No prior training in economics or statistics is required.   Grades will be based on an end-of-course written paper, four brief response papers, and class participation.

Seminar: 746A. Professional Negligence

Credits: 3 hours

Instructor(s): Partlett, David

Prerequisite: None

Grading Criteria: Paper

Description: This seminar will explore the liability of professionals for negligent conduct.  It will cover professionals such as physicians, psychologists, dentists, and others whose actions risk bodily injury.  It will also cover those whose professional activities risk property and economic losses, such as engineers, architects, lawyers, and accountants.  The legal field of focus is liability in the borderland between tort and contract.  The seminar will also engage the form and structure of business torts that are neglected in the curriculum, yet loom large in commercial practice.

Particularly with respect of medical malpractice, compensation schemes to replace or supplement liability rules continue to be proposed.  Their merits and demerits will be discussed.  The seminar will also consider such fundamental issues as causation and remedies, where the liability of professionals is in question. 

Materials will be distributed and discussion expected.  Students will be required to prepare a paper that can be in satisfaction of the upper-level writing requirement.  Students will orally present a final draft paper in class.  This will form part of the final grade.  In selection of the topic and in working through drafts, students will work closely with me.

Seminar: 813. Sexuality and Gender

Credits: 3 hours

Instructor(s): Marvel, Stewart

Prerequisite: None

Grading Criteria: Paper

Description: This seminar aims to explore the socially constructed norms and frameworks enabling the legal regulation of human sexuality. The seminar will offer students a comparative law perspective on issues of sexual orientation, gender identity and justice, while providing the critical tools required to evaluate a host of legislative and judicial responses to gender and sexuality. We will look at emerging case law from common and civil law jurisdictions around the world to analyze how certain types of sexual behavior and gender identity are regulated (including freedom of assembly, association and expression, freedom of religion and nondiscrimination, asylum and immigration and universality and equality), while also examining the judicial response to ‘deviant’ sexual bodies in action (including transgender identities, same-sex marriage, new family forms, and the decriminalization of sodomy).

Seminar: 826. Patents and their Role in Global Economic Development and Access to Health

Credits: 3 hours

Instructor: Vertinsky, Liza

Prerequisite: None

Grading Criteria: Paper, presentation and participation.

Description: What is the current debate over the role of patents in promoting or impeding economic development, and how will it evolve? How are international patent standards and norms shaped by this debate? What role can and should U.S. patent policy play in addressing issues of global development and access to health technologies? This seminar will begin with a survey of the basic framework governing international standards for patent protection and enforcement.  We will then examine the ways in which patents and patent law impact global economic development and global access to health.  The seminar will include the study of alternative methodologies for understanding and evaluating patent systems and their role in international development and global health as well as concrete case studies that question the current patent system and its impact.  Students will be asked to develop and contribute their own views on the role(s) that patent policy should, could, or should not play in global economic development and global access to health.

Seminar: 838. Products Liability

Credits: 3 hours

Selection: Preselection

Instructor: Vandall, Frank

Prerequisite: Products Liability (recommended)

Grading Criteria: Paper

Description: This seminar provides an opportunity for a student to write a paper on a developing aspect of products liability theory. Topics considered and materials will vary from year to year. The course in Products Liability is recommended, but not required.

679. Access to Justice: Getting into the Courtroom

Credits: 2 hours

Instructor(s): Costa, F. Jason

Prerequisite: None

Grading Criteria: Classroom exercises, court performance, periodic reaction papers

Description: Access to Justice provides second and third year law students the unique opportunity to see how justice is actually administered in criminal cases in actual Georgia Courts and to develop their courtroom oral advocacy skills in a real-world setting. We will examine, through readings and classroom discussion, the ways in which poor and underserved populations access justice within the framework of the traditional criminal justice system, and the increasing role of accountability courts for defendants suffering with drug, alcohol or mental health afflictions. But this class extends far beyond the conventional classroom in three significant ways.  First, students will take multiple off-campus trips, including touring the local jail facility and attending actual court sessions to observe criminal case proceedings.   Second, students will receive real recent criminal case warrants and police reports and will conduct interviews with actual defendants (either in or out of custody) and participate in mock classroom hearings on these cases. Lastly, where possible, students will represent their clients in actual court proceedings (bond hearings, preliminary hearings, and even possibly motions and trials).   Students should plan to be in court one weekday morning every other week throughout the semester, though multiple weekday mornings options will be available each week to accomodate individual student schedules.  Students will be graded primarily on their performance in both classroom and courtroom hearings and their participation in classroom discussion, and secondarily on periodic papers analyzing their experiences.

701. Administrative Law

Credits: 3 hours

Instructor(s): Volokh, Alexander

Prerequisite: None

Grading Criteria: Exam

Description: Much of the law we live under is made and then applied by administrative agencies.  Administrative law is a study of how this law is made and then applied.  Specific topics include the constitutional standards under which legislative and judicial power is transferred to agencies; the procedures that control agency lawmaking and adjudication, and the availability and scope of judicial review of agency action.

847. Advanced Civil Trial Practice

Credits: 2 hours

Instructor(s): Wellon, Robert

Prerequisite: Evidence, Trial Techniques

Grading Criteria: Class Work

Description: Designed to build on the litigation techniques and skills first encountered in the Trial Techniques Program.  Using a simulated case file in an employment case, the class will help develop the skills, strategies and tactics necessary to be effective courtroom advocates.  The course will employ lecture, demonstrations, movie and video-tape simulations as well as regular participation by the students and constructive criticism and helpful hints from the course instructors, who are all very experienced litigators and judges. Invited guests who litigate regularly in this area of practice will also participate. Courtroom technology and visual aids will also be explored.  The course will conclude with student teams conducting a trial in a real courtroom setting, which is now planned for November 17th where participation is mandatory.

617A. Advanced Commercial Real Estate

Credits: 3 hours

Instructor(s): Minkin, David

Prerequisite: Real Estate Finance (recommended)

Grading Criteria: Take-Home Exam and Classwork

Description: What does a commercial real estate attorney really do every day?  What does he or she think about and what is the relationship between the attorney and his or her client?  What are the attorney’s responsibilities to accomplish the client’s goals?  This course will explore those questions and related issues in the context of sophisticated commercial real estate transactions.  During the course the students will be introduced to many of the essential elements of commercial real estate, including development concepts, purchase and sale of real estate, equity financing, debt financing, leasing, operational issues with large retail developments, and financial restructuring issues.  Course materials will include Harvard Business School cases applicable to commercial real estate issues, form documentation applicable to many areas of commercial real estate, and relevant articles.

657. Advanced Legal Research

Credits: 1 hour

Instructor(s): Christian, Elizabeth

Prerequisite: None

Grading Criteria: Coursework

Description: This course is an examination of the legal research methods and sources beyond the basics taught during the first year of law school.  Through a mixture of lectures and practical applications with in-class exercises and a final research project, students will become familiar with topics such as case, statute & regulatory research, aids for the practitioner and legislative history research.  This practical, skills-based course is designed to help prepare students for practice or future study.  This new half-semester format makes class time especially important.  Because student participation is essential for the learning experience in this course, attendance at each class session is mandatory.  Missing more than one class period may jeopardize a student’s academic standing and will negatively affect the course grade.

648. Advanced Legal Writing & Editing

Credits: 2 hours

Instructor(s): Terrell, Timothy

Prerequisite: None

Grading Criteria: Pass/Fail

Description: The basic content of the course is reflected in its required text: S. Armstrong & T. Terrell, Thinking Like a Writer: A Lawyer’s Guide to Writing and Editing (PLI 3d ed., 2008). The course will meet once a week on Monday afternoon for one and one half hours, and that time will be consumed by lecture and review of numerous writing examples at every level of a document – from overall structure to sentences and word choice. As in previous years, all students will be assigned to a small-group discussion section, administered by a “teaching assistant” who is a third-year who took this course last year. Those sessions will meet once a week. Although this is a “writing” course, it is unusual in that its emphasis will be on “editing” rather than original drafting. One of the keys to becoming a good writer is understanding how readers – for purposes of this course, you – react to documents written by others, which then yields important insights regarding the defects in one’s own prose, and how to cure them efficiently. To this end, the course will begin with some examination of deeper theories of communication, which will in turn allow the course to focus on fundamental writing “principles” rather than narrower “rules” or “tips.” The course will also analyze writing challenges from the “top down:” We will begin with issues of overall “macro” structure and organization and work down toward “micro” details. 

Alternative Dispute Resolution

Credits: 3 hours

Instructor(s): Armstrong, Phillip

Prerequisite: None

Grading Criteria: Take Home Final Exam

Description: This course will explore Alternative Dispute Resolution (ADR) with an emphasis on mediation. Course objectives are: 1) to develop both a theoretical and a practical understanding of available options and strategies for using them effectively in a legal practice; 2) to understand the ethical and legal implications of ADR; and 3) to develop a proficiency in dispute resolution processes other than litigation, including direct negotiation, mediation, and arbitration.

560. American Legal Writing, Analysis & Research

Credits: 2 hours

Instructor(s): Daspit, Nancy

Prerequisite: None

Grading Criteria: Paper

Description: An introduction to law and sources of law, legal bibliography and research techniques and strategies, the analysis of problems in legal terms, the writing of an office memorandum of law.

604. Banking Law

Credits: 3 hours

Instructor(s): Elliott, A. J.

Prerequisite: None

Grading Criteria: Exam

Description: This course will examine the nature, content and scope of the rules regulating the banking industry in light of economic and social purposes. The course will also look briefly at the history of the U. S. banking industry and will emphasize the economic and business aspects of the individual bank and of the industry as a whole.

716. Bankruptcy

Credits: 3 hours

Instructor(s): Pardo, Rafael

Prerequisite: None

Grading Criteria: Exam

Description: An introduction to the law of bankruptcy. Covers issues relating to eligibility for bankruptcy; commencement of a bankruptcy case; administration of the bankruptcy estate; automatic stay and relief; use, sale or lease of property of the estate; assumption and rejection of executory contracts and leases; avoidance actions, including preference and fraudulent transfer litigation; appointment of trustees and examiners; and confirmation of a Chapter 11 plan. This course is a general survey course reviewing the basics of Chapter 7 liquidations, Chapter 13 wage-earner reorganizations and Chapter 11 business reorganizations.

500X. Business Associations

Credits: 3 hours

Instructor(s): Shepherd, George

Prerequisite: None

Grading Criteria: Exam

Description: A study of basic concepts in agency, partnership (general and limited), and corporation law.  Topics include choice of business form, formation, organization, financing, and dissolution, as well as the fundamental rights and responsibilities of, and the allocation of power between, the business entity, its owners, management, and other stakeholders.  The course also considers the special needs of closely held enterprises, basic issues in corporate finance, and the impact of federal and state laws and regulations governing the formation, management, financing, and dissolution of business enterprises.

658. Capital Defender Workshop

NOTE: Interested students must submit a letter of interest & resume to Josh Moore, Office of the Georgia Capital Defender jmoore@gacapdef.gov

NOTE: THIS WORKSHOP WILL REQUIRE A YEAR-LONG (two semester) COMMITMENT

Credits: 3 hours

Instructor(s): Moore, Josh

Prerequisite: None

Grading Criteria: Participation

Description: This is a three hour clinical course taught in partnership with the Office of the Georgia Capital Defender, the new state agency responsible for representing all indigent defendants statewide in capital cases at trial and on direct appeal.  Second and third year law students from Emory, Georgia State, UGA, and Mercer will assist Capital Defender attorneys in all aspects of preparing their clients’ cases for trial. Students will become involved in fact investigations, witness interviewing, legal research and drafting, and general preparations for trials and sentencing hearings.  The great opportunity students have in this clinic—as opposed to clinics that focus on the appeal and post-conviction stages—is to be involved in the effort to save lives on the front end, on “making the case for life.”  That means students will focus at least as much on mitigation, fact investigation, and interpersonal skills as on death penalty law and advocacy skills.

635. Child Welfare Law and Policy

Credits: 2 hours

Instructor(s): Carter, Melissa

Prerequisite: Graduate Standing

Grading Criteria: Attendance, court visit, participation, written and oral assignments

Description: This course will explore the various factors that shape public policy and perception concerning abused and neglected children, including: the constitutional, statutory, and regulatory framework for child protection; varying disciplinary perspectives of professionals working on these issues; and the role and responsibilities of the courts, public agencies and non-governmental organizations in addressing the needs of children and families.  Through a practice-focused study, students will examine the evolution of the child protection system, including the emergence of the juvenile court, and critical issues such as legal representation of children, impact litigation and limits on governmental authority.    Students will learn to analyze and evaluate the effectiveness of legal, legislative, and policy measures as a response to child abuse and neglect and to appreciate the roles of various disciplines in the collaborative field of child advocacy.  Through lecture, discussion, analytical writing and skills-based exercises, including legislative drafting and oral advocacy assignments, students will develop a fuller understanding of this specialized area of the law and the companion skills necessary to be an effective advocate.

727. Citizenship and Immigration Law

Credits: 3 hours

Instructor(s): Price, Polly

Prerequisite: None

Grading Criteria: Exam

Description: This course will explore United States law governing immigration and citizenship.  Through a background of historical and policy perspectives, this course will examine how citizenship is acquired, the constitutional and international law foundations underlying immigration regulation, the role of the federal government in regulating immigration, immigrant and non-immigrant visas, employment-based immigration, inadmissibility and removal, asylum, and immigration law reform.

860A. Colloquium Series Workshop

Credits: 2 hours

Instructor(s): Levine, Kay L

Prerequisite: None

Grading Criteria: Class Work

Description: Would you like a close-up look at the world of legal scholarship and the exchange of scholarly ideas? Are you seeking more engagement with the Emory Law faculty outside of the traditional classroom setting? Do you want to become a stronger writer? Have you ever thought you might want to become a law professor? If so, consider applying to the Colloquium Series Workshop (CSW).   Components of CSW Students who participate in this two unit workshop attend two meetings each week: the weekly faculty colloquium, which meets on Wednesdays over the lunch hour (and includes lunch) and a one-hour class session run by Professor Kay Levine, on Thursday afternoons.   During each of these one hour sessions, students discuss the colloquium work as a piece of scholarship (and as piece of persuasive writing), critique the author's presentation, and review materials relating to the production of scholarship and the legal academic job market.  In advance of the weekly meeting, students write short reaction papers to each colloquium piece. The CSW will be graded on a pass/fail basis, but with high attendance and participation standards set for what constitutes a passing grade. Do not apply for this class if you have other commitments during the lunch hour on Wednesdays (even only sporadic).   Enrollment Students enroll in the CSW in accordance with the same procedures used for seminars (advance application during the pre-selection process). However, enrollment is limited to seven students each semester, instead of the usual 15. On the pre-selection form please indicate the basis of your interest in the CSW and your prior experience with scholarship in an academic setting (law or otherwise).

622A. Constitutional Criminal Procedure: Investigations

Credits: 3 hours

Instructor(s): Levine, Kay L

Prerequisite: None

Grading Criteria: Exam Class Participation

Description: This course examines the constitutional rules governing criminal investigations, including searches and seizures, the interrogation of witnesses and suspects, and the roles played by prosecutors and defense attorneys during the investigative stages of criminal cases.  The course studies the current constitutional rules governing these essential police practices, the development of these rules, and the relevant but conflicting policy arguments favoring efficient law enforcement and individual liberty that arise in these cases.

675. Constitutional Litigation

Credits: 2 hours

Instructor(s): Nodine, Larry K.

Prerequisite: Intellectual Property, Copyright or Trademark strongly recommended as a significant portion of the class will employ these principles. Co-requisites okay.

Grading Criteria: Exam

Description: In this course we will wrestle with some of the most fascinating emerging issues in our evolving cyber-society. We will begin by considering jurisdiction over internet disputes. We will then turn to intellectual property topics, including trademarks (whether "keyword buys" constitute infringement; domain name disputes) and copyright (music downloading and hyper-linking). There will be special focus on arbitration procedures for resolving domain name disputes (the “UDRP”) and the liability of intermediaries like eBay or YouTube for user infringement. The Course will also explore the right to privacy in cyberspace.

959. Courtroom Persuasion/Drama I

Credits: 1 hour

Instructor(s): Metzger, Janet

Prerequisite: Evidence & Trial Techniques

Grading Criteria: Class work

Description: This course introduces students to basic acting, directing and writing tools a lawyer needs to motivate and persuade jurors, and applies these tools to courtroom performance. Using lectures, exercises, readings, individual performance and video playback, the course helps students develop concentration, observation skills, storytelling, spontaneity, and physical and vocal technique. Students also gain practical experience applying these tools to the presentation of openings and closings as well as questioning witnesses and jurors.

712. Corporate Finance

Credits: 3 hours

Instructor(s): Shepherd, George

Prerequisite: Business Associations

Grading Criteria: Exam

Description: This course introduces rudimentary elements of valuation, and examines legal issues relating to dividend policy in close and public corporations, the contracts and the law governing preferred stock and corporate debt, convertible securities, and capital structure.  

622X. Criminal Procedure Motions Practice Workshops

Credits: 3 hours

Instructor(s): Grimberg, Steven

Prerequisite: Completion of Professor Levine's or Professor Cloud's Constitutional Criminal Procedure: Investigations course, or co-requisite with Professor Levine's Constitutional Criminal Procedure: Investigations course.

Grading Criteria: In-class oral advocacy assignments, written advocacy assignments, and classroom participation.

Description: This workshop will provide practical skills training in the area of pre-trial criminal litigation for a small number of students. Class will meet once a week for approximately 2.5 hours, and will generally consist of each student performing an oral advocacy assignment. In addition, written advocacy assignments will be due from time to time. The emphasis of the class will be on building off of the students' substantive knowledge of criminal procedure by learning how it is applied to "real world" pre-trial criminal litigation.

767. Cross Examination Techniques

Credits: 3 hours

Instructor(s): McCoyd, Matthew

Prerequisite: Evidence and Trial Techniques

Grading Criteria: Course work; in-classroom exercises

Description: This course is designed to conduct an exhaustive examination of the science and art of cross examination with extensive in class exploration and performance of advanced cross examination techniques.

659M. Doing Deals: Commercial Lending Transactions

Credits: 3 hours

Instructor(s): Powell, Catherine

Prerequisite: Business Associations, Contract Drafting and Deal Skills (concurrent not okay)

Grading Criteria: Coursework

Description: This Course is designed to give the student an opportunity to (i) explore in depth a variety of secured transactions, recognizing the contrast to unsecured transactions, and the Credit(s)ors rights, remedies and benefits thereunder, (ii) understand the nature and corresponding requirements of secured transactions, including knowledge of, and familiarity with applicable regulations, statutes and rules, and (iii) engage, as counsel, in the representation of a “secured Credit(s)or” or “borrower”, in an actual secured transaction from beginning to end (the “Secured Transaction”) throughout the semester.

659P. Doing Deals: Complex Restructurings and Distressed Acquisitions in Chapter 11

Credits: 3 hours

Instructor(s): Gordon, David; Marsh,Gary

Prerequisite: Bankruptcy and Contract Drafting   Prerequisite-Students seeking Credit(s) for a Capstone Class: Bankruptcy, Contract Drafting and Deal Skills. Students will complete some advanced exercises during the course.

Grading Criteria: Class participation (10-20%), in-class presentations (20-30%), out-of-class projects (transaction documents, memos, legal briefs, etc.) (20-30%), final pleadings and argument for the sale hearing (20-30%)

Description: This course will take students down the path of a complicated corporate restructuring and/or sale.  During class time, students will learn the key features of a modern corporate restructuring and distressed sale, using a hypothetical company for illustrations.  Students will also be asked to prepare and present in class one or more summaries/presentations regarding hot topics in the bankruptcy and restructuring world. Outside of class, students will assume the roles of various parties to the restructuring, such as debtor, lenders, key suppliers, key customers, private equity sponsor, and the like.  The students will be asked by their “clients” (the instructors) to negotiate transaction terms and to draft definitive documents for various parts of the restructuring.  The students will also be asked to prepare various bankruptcy-related transactional documents and pleadings, leading to a contested, bankruptcy court sale of the hypothetical company at the end of the course.

659P. Doing Deals: Complex Restructurings and Distressed Acquisitions in Chapter 11

Credits: 3 hours

Prerequisite: Business Associations (highly recommended)

Grading Criteria: Coursework

Description: This course teaches students the principles of drafting commercial agreements.  Although the course will be of particular interest to students pursuing a corporate or commercial law career, the concepts are applicable to any transactional practice.   In this course, students will learn how transactional lawyers translate the business deal into contract provisions, as well as techniques for minimizing ambiguity and drafting with clarity.  Through a combination of lecture, hands-on drafting exercises, and extensive homework assignments, students will learn about different types of contracts, other documents used in commercial transactions, and the drafting problems the contracts and documents present.  The course will also focus on how a drafter can add value to a deal by finding, analyzing, and resolving business issues.   Grades will be based on the graded assignments, good faith completion of the ungraded assignments, and class participation.

659B. Doing Deals: Deal Skills

Credits: 3 hours

Prerequisite: Business Associations (concurrent NOT okay); Contract Drafting (concurrent NOT okay)

Grading Criteria: Course Work

Description: Deal Skills will introduce students to business and legal issues common to commercial transactions, whether a multi-billion dollar M&A deal, a license agreement, a commercial real estate transaction, or a financing transaction.  Among the topics to be covered are the lawyer's role as the translator of the business deal into contract concepts, client interviewing and communication, negotiation, due diligence, corporate actions and records, indemnities, transaction management, closings, and ethical issues.   The course will be conducted through workshop exercises, in-class role-plays, and lectures and will also include out-of-class due diligence, negotiation and other exercises.

659N. Doing Deals: Intellectual Property Transactions

Credits: 3 hours

Instructor(s): Lytle, Courtney

Prerequisite: Contract Drafting and Deal Skills

Grading Criteria: Exercises, Class Participation, Final Paper/Presentation

Description: This course is designed to offer students with an interest in intellectual property the opportunity to explore a limited number of current and cutting edge intellectual property topics in depth and to experience first-hand how these legal concepts would manifest in a transactional practice setting.    Students will complete a variety of in-class and homework assignments typical of those encountered in a transactional IP practice, from contract negotiation and drafting to strategic analysis and client interaction.  - The course is intended for students with an interest in this subject area; no specific prior IP courses are required, but if a student has not taken any other IP offerings, please contact the instructor (clytle@emory.edu) for suggestions of materials to review over the summer.  Grading is a combination of small projects, class participation, and a final paper/presentation.  There is no exam.  Students taking this course as a Capstone Course will complete some additional requirements over the course of the semester.  Because of the nature of this course, regular attendance is mandatory.

659D. Doing Deals: Private Equity

Credits: 3 hours

Instructor(s): Crowley, Kevin; Furman, Kathryn

Prerequisite: Business Associations (concurrent NOT okay), Contract Drafting, Deal Skills,  Corporate Finance, Accounting in Action or Analytical Methods

Grading Criteria: Course Work

Description: The course is designed as a workshop in which law students and business students will work together to structure and negotiate varying aspects of a private equity deal, from the initial term sheet stages, through execution of the purchase agreement, to completion of the financing and closing.  Private equity deals that are economically justified, sometimes fail in the transaction negotiation and documentation phase.  This course will seek to provide students with the tools necessary to tackle and resolve difficult deal issues and complete successful deals.  Students will be divided into teams of lawyers and business people to review, consider and negotiate actual transaction documents.  The issues presented will include often-contested key economic and legal deal terms, as well as common ethical dilemmas.

659F. Doing Deals: The General Counsel in Negotiated Transactions

Credits: 3 hours

Instructor(s): TBA

Prerequisite: Business Associations (concurrent NOT okay), Contract Drafting (concurrent NOT okay)  Prerequisite-Students seeking Credit(s) for a Capstone Class: Business Associations, Contract Drafting and Deal Skills (concurrent NOT okay). Students will complete some advanced exercises during the course.

Grading Criteria: Course work

Description: In this course, students will develop transactional skills, with emphasis on possible differences in roles of in-house counsel and outside counsel in the context of a hypothetical transaction that will be focal point of the entire semester.  The class will be divided between the lawyers representing the buyer and the lawyers representing the seller.  Students will interview the Professor (client) throughout the semester and develop goals, strategies, and documents that will meet the needs of the client.  The semester will include the drafting and negotiation of a confidentiality agreement, letter of intent, development and review of a due diligence data room and will culminate in the drafting and negotiation of a final purchase agreement.

745. DUI Trials

Credits: 3 hours

Instructor(s): Tatum Rife, Melissa

Prerequisite: Evidence, Trial Techniques

Grading Criteria: Participation and Final Trial Simulation

Description: One of the most complicated and technical cases to try in criminal law is a DUI charge.  Learning how to present or defend a DUI can equip a new litigator with techniques that will benefit students seeking practice in all areas of criminal litigation. Students will review DUI statutes and case law and prepare simulation cases for motions and trial.  Opening arguments, direct, cross, and closing argument will be discussed and practiced.  Introduction of scientific evidence, expert testimony, and preparing your witness for trial will be explored.  Motions will be prepared and decided.  Students will prepare and present their final case in a trial setting at the end of the semester.

611. Election Law: The Law of Democracy

Credits: 3 hours

Instructor(s): Kang, Michael

Prerequisite: None

Grading Criteria: Exam

Description: This course provides an introduction to the law of the democratic political process.  The course will cover a wide range of topics, including the right to vote, reapportionment and redistricting, partisan and racial gerrymandering, the Voting Rights Act, campaign finance, the role of political parties, direct democracy, and Bush v. Gore.  The course will examine the principles underlying the design of our political institutions and legal frameworks, as well as the practical implications of those choices, drawing on political science and developments in contemporary politics.

669X. Employment Discrimination Lab

Credits: 1 hour

Instructor(s): King, Carlton & Shultz, Chad

Prerequisite: Employment Discrimination (concurrent okay)

Grading Criteria: Coursework

Description: The class will work though an employment law case from meeting the client to a mock jury trial.  The students will be divided into 2 law firms.  One firm represents the Plaintiff and the other firm represents the Defendant.  The classes are lead by Chad Shultz and Carlton King., but this is an interactive class that encourages group discussion and student participation.   The written assignments will include a demand letter (Plaintiff’s firm), a response to the demand letter (defense); summary judgment brief and reply (simplified and limited to no more than 8 pages).  Each student will also participate in deposing a witness, argue the motion for summary judgment, and play a role in the trial of the case.  This is a hands-on class that will allow you prosecute and defend an employment case from start to finish.

668. Employment Law

Credits: 2 hours

Instructor(s): Weirich, Geoff

Prerequisite: None

Grading Criteria: Exam

Description: This two-hour course will cover many of the major legal aspects of the employment relationship not treated in Labor Law.  We will examine legal principles applicable to the hiring process, the key terms and conditions of employment (including wages, hours, employee benefits, and workplace conduct), employment discrimination (a brief survey, not intended as a substitute for the separate course on that subject), occupational safety and health, employment termination (including termination for cause and through force reduction), and post-employment issues (restrictive covenants and trade secrets, unemployment insurance, and post-employment benefits).

697. Environmental Advocacy Workshop

COURSE REQUIRED FOR ALL STUDENTS ENROLLED IN THE TURNER ENVIRONMENTAL LAW CLINIC.  THIS COURSE DOES NOT MEET THE WRITING REQUIREMENT.

Credits: 2 hours

Instructor(s): Horder, Rick

Prerequisite: None

Grading Criteria: Workshop Projects, Simulations, and classroom participation

Description: The Environmental Advocacy workshop will include reading assignments, written exercises, seminar-like discussion, and simulations with an emphasis on legal practice. The course will develop students' abilities to function as successful environmental advocates in the context of client interviews, administrative proceedings, negotiations, and litigation. Other issues covered include advocating environmental protection.

624X. Environmental Law

Credits: 3 hours

Instructor(s): Nash, Jonathan

Prerequisite: Legislation & Regulation

Grading Criteria: Exam; Class Participation

Description: This course will focus on legal strategies to regulate and remedy environmental harms. The course is designed to prepare transactional lawyers, regulatory lawyers, government counsel and litigators, as well as students interested in specializing in environmental law. A major goal of the course is to introduce students to the analytical skills necessary to understand and work in this and many other predominantly statutory and regulatory fields. The course will therefore frequently involve analysis of methods of interpretation of statutes and regulations and analysis of the central role of administrative agencies in environmental law. The course will focus on various federal environmental statutes, including the Clean Air Act and the Clean Water Act, and the National Environmental Policy Act.

632X. Evidence

Credits: 3 hours

Instructor(s): Zweir, Paul or Seaman, Julie

Prerequisite: None

Grading Criteria: Exam

Description: A general consideration of the law of evidence with a focus on the Federal Rules of Evidence.  Coverage includes relevance, hearsay, witnesses, presumptions and burdens of proof, writings, scientific and demonstrative evidence, and privilege. Must be taken in the second year.

632C. Expert Witness Examination

Students will need to obtain the handouts given out the first day of class. Students will also need a copy of the Federal Rules of Evidence.

Credits: 2 hours

Instructor(s): Rubin, Robert & Sheffield, Jason

Prerequisite: Evidence

Grading Criteria: Students will be graded on their performance in class during the semester and on a written brief. Grades will be based on how much improvement students show over the course of the semester, and on how well the students conduct the examinations, i.e., form

Description: This course is designed to teach the preparation, research, ethical considerations, and trial techniques necessary in order to effectively present expert witnesses in a criminal case.  Although the focus will be on criminal cases, the skills taught in this class will also apply to civil cases.  Most of the classes will involve the students conducting direct and cross-examinations of expert witnesses.  Designed in a case-simulation format, the course will enable the students to develop substantive knowledge of criminal law and procedures, develop case theory and expert witness testimony, write and present a Daubert motion, and finally, conduct full direct and cross-examinations of experts.  The course will also develop students’ aptitude with the advocacy techniques necessary to prosecute or defend criminal cases.  Students will have multiple opportunities to perform in class and will receive extensive individual feed-back from experienced lawyers.

643. Family Law II

Credits: 3 hours

Instructor(s): Broyde, Michael

Prerequisite: None

Grading Criteria: Exam

Description: Deals with the problems, policies, and laws related to the dissolution of children and parents. Juvenile Law will also be considered.

601B. First Amendment

Credits: 3 hours

Instructor(s): Seaman, Julie

Prerequisite: Constitutional Law I

Grading Criteria: Exam

Description: This course is about the history, theory, and law of free speech.  The law has two components, a set of substantive standards and a set of procedural standards. (Given the high value assigned to free-speech, for it the courts have developed especially protective procedural standards.)  In terms of substance, First-Amendment based law has developed differently in different contexts, such as sedition, crime-facilitating speech, defamation, pornography, public education, and commercial speech.  We will study free speech in these and other contexts.  Also, free speech varies according to the medium, oral, print, or electronic, and we will consider speech in these different mediums.

680. Food & Drug Law

Credits: 3 hours

Instructor(s): Kitchens, William

Prerequisite: None

Grading Criteria: Exam

Description: Food and drug law involves the statutory and regulatory framework governing the development and marketing of food, drugs, medical devices, biological products, and cosmetics. This introductory course serves as a starting point for understanding how the U.S. Food and Drug Administration attempts both to protect the public health and foster our national desire and need for innovation in science, medicine and the safety of our food supply. In particular, the course will study how FDA and the courts have enforced and interpreted the Federal Food, Drug and Cosmetic Act to implement a regulatory system for a wide range of products that affect our daily lives. Dialogue and questions on how food and drug law has confronted and adapted to scientific and technological progress, public health challenges, constitutional controversies, and policy-based perspectives will be encouraged. Additionally, the course covers such contemporary issues as food safety;  balancing the benefits and risks of certain drugs, devices and biological products and how best to communicate that information to healthcare professionals and consumers; expediting approval of drugs designed for life-threatening diseases; clinical trials for experimental products; and regulation of biotechnology, such as tissue engineering and gene therapy. Other specific topics include: regulation of food labeling and sanitation; regulation of dietary supplements; administrative rulemaking; advertising and promotion controls; preemption of state laws; and strategies for handling government investigations and enforcement actions.

761. Foreign and International Legal Research

Credits: 1 hours

Instructor(s): Flick, Amy

Prerequisite: None

Grading Criteria: Research Problems and Research Project

Description: The course will introduce specialized techniques for research with international and foreign legal materials.  Students will become familiar with international and foreign legal research sources through lectures and by practical application through in-class exercises and a final research project.  Topics will include public international law resources, including U.S. and multilateral treaties, international courts, and customary law sources; documents of the United Nations, the European Union, and other inter-governmental organizations; resources on international human rights; an overview of legal materials for common law systems (the United Kingdom, Canada, Australia) and civil law systems (France and Latin America); and a look at issues that arise in international and foreign law research, including availability, translations, and internet resources.  Because student participation is essential for the learning experience in this course, attendance at each class session is mandatory. Failure to attend will affect the course grade.

650. Franchise Law

Credits: 2 hours

Instructor(s): Aronson, Morton

Prerequisite: None

Grading Criteria: Exam

Description: Legal and business considerations, including the pros and cons of franchising; the franchising role in the economy; the franchiser/franchisee relationship; disclosure requirements; relevant state and federal laws; essential elements in representing franchisers and franchisees; basic terms and issues with franchise agreements; legislative issues; trademark issues; encroachment issues; system expansion issues; franchisee associations; new techniques in franchising; e.g. area development agreements, sub-franchising, niche franchising, master franchise agreements; international franchising; the role of alternate dispute resolution in franchising; product quality issues; legislative issues.   Case studies of important franchise companies will be read and evaluated including Holiday Inns, McDonald's, Century 21, Pizza Hut and Dunkin Donuts.    Prominent legal political and business franchising representatives will be guest speakers.

640. Fundamentals of Income Taxation

Credits: 3 hours

Instructor(s): Pennell, J.

Prerequisite: None

Grading Criteria: Exam

Description: Introductory study of the general structure of the federal income tax; nature of gross income, exclusions, and deductions; the income tax consequences of property transactions; the nature of capital gains and losses; basis and non-recognition.

890. Fundamentals of Innovation I

Credits: 3 hours

Instructor(s): Rector, Anne

Prerequisite: Intellectual Property

Grading Criteria: Team projects, team evaluations, individual work product, class attendance, and participation.

Description: Innovation and technological change are critical to wealth creation in today’s global economy. However the process that often begins in the research lab traveling a path towards product development, market development, product commercialization and life cycle management is uncertain and typically difficult. More often than not, ideas will “die the good death” well before given the opportunity to develop into profitable markets. Fundamentals of Innovation I is first of a two-course sequence on the various techniques and approaches needed to understand the innovation process within the context of technology commercialization. In the Fall semester, the course is focused on 1) helping students develop an understanding of innovation basics including the overall innovation process and roles and skills of various key players; 2) discussing patterns of technology change and alternate management processes for each; 3) organizing the innovation team and developing frameworks that foster team creativity; 4) understanding forms and protections afforded Intellectual Property; and 5) discussing early stage approaches to product definition (working models to engineering prototypes) and preliminary market definition. 

The fall course and the companion course in the spring will provide the academic core to the student’s first year in the Technological Innovation: Generating Economic Results (“TI:GER”) program and will be taught as a series of learning modules. Each module and class session is lead by a faculty or guest instructor with in depth experience in that particular technology commercialization topic. Students will take each course as a “community of participants” and will participate on both an individual and team level. Innovation teams that are comprised of the PhD candidates, MBA and JD students, will be formed mid-semester and will participate both in in-class activities and cases, as well as in an “engaged learning” experience intended to simulate the technology commercialization process. The technology/research that will drive the innovation teams will be provided by the PhD candidates and their advisors.

657D. Health Law Research

Credits: 1 hour

Instructor(s): Glon,Christina 

Prerequisite: None

Grading Criteria: Exam

Description: Health law encompasses a wide variety of topics ranging from Medicare to patient care, insurance companies to health care reform, big pharm to worker’s compensation and medical malpractice to bioethics. Additionally, health law is governed by statutes, regulations and case law, and many health laws have produced a vast amount of legislative history materials. The field of health law research is robust and the class would therefore touch on best practices for researching topics including:

  • Health Care Legislation, Regulations, and Insurance Laws
  • Patient Care, Representing Physicians, and Regulations of Hospitals,
  • Medical Malpractice and Understanding Medical Records
  • Worker’s Compensation, Medicare and Medicaid
  • Pharmaceutical Law and Product Liability
  • Elder Law, End of Life Decisions, and Bioethics 

647. History of Church-State Relations in the West

Credits: 3 hours

Instructor: Witte, John

Prerequisite: None

Grading Criteria: Take-home Final Exam

Description: This course will explore the interaction between religious and political authorities and institutions from the time of the Roman Empire until the American founding era.  We will analyze the variety of constitutional arrangements developed to facilitate the separation, cooperation, and mutual protection of churches and states.  We will analyze the gradual development of religious rights and liberties in the Western legal tradition, but also the systematic and oft brutal denial of these rights to Jews, heretics, and other religious outsiders.  We will analyze the competition among different models of church and state that emerged repeatedly in the West, and the remarkable change introduced by the First Amendment command to disestablish religion and to protect the free exercise rights of all.

We will read a blend of historical documents and a few introductory historical texts. Our classes will consist of lecture and discussion.  Students will be given a take home examination, which will be handed out the last day of class and must be returned by the last day of the examination period.   

690A. Human Rights: Selected Topics

Credits: 3 hours

Instructor(s): Perry, Michael

Prerequisite: None

Grading Criteria: Take – Home Exam

Description: The content of this course varies from year to year.  In fall semester of 2014, the course will focus both on religious freedom and on moral freedom.  Among the issues addressed:  What are religious freedom and moral freedom?  Should the protection traditionally given to religious freedom also be given to moral freedom?  What does the constitutional law of the United States say—and what should it say—about religious freedom and moral freedom?  What does the international law of human rights say—and what should it say—about religious freedom and moral freedom?  The final exam will be of the “take home” variety.

608. Intellectual Property

THIS COURSE CAN BE A CO-REQUISITE FOR INTERNET LAW AND ENTERTAINMENT LAW.

Credits: 3 hours

Instructor(s): Schaetzel, Steve

Prerequisite: None

Grading Criteria: Exam

Description: This course will serve as an introduction to patent, trademark, and copyright law. The course will explore the policy and legal foundations for these areas of law and the scope of protection which each affords. The requirements for protection will be examined and compared.  The framework for the administrative procedures, which support the patent and trademark systems, will also be discussed. In part, the course will direct attention to the question as to the legitimacy of these forms of property and appropriateness of protection. What constitutes infringement of intellectual property rights will be discussed. Methods for avoiding infringement and scienter with respect to infringement will also be discussed. Remedies and questions of civil procedure and appellate review will receive brief consideration.

609L. International Commercial Arbitration

Credits: 3 hours

Instructor(s): Reetz, Ryan  

Prerequisite: None

Grading Criteria: Exam; Class Participation

Description: A consideration of arbitration as a dispute resolution process in the domain of international commerce. Analyzes the composition and the jurisdiction of arbitral tribunals, the procedure followed by arbitrators, recognition and enforcement of foreign arbitral awards, and other related issues.  In order to understand the arbitral process, the class will systematically go though an arbitration from drafting the arbitration agreement (start) to enforcement of the award (finish). We will discuss ad hoc and institutional arbitration by the use of a hypothetical case. This class will be very hands on and practical. Participation is important and there will be role-play. As international commercial arbitration cannot exist in a legal vacuum, we will also consider relevant laws in various civil law and common law countries.

653. International Criminal Law

Credits: 3 hours

Instructor(s): Van der Vyver, Johan

Prerequisite: None

Grading Criteria: Exam

Description: On Wednesday, March 14, 2012, the International Criminal Court (ICC) delivered its very first judgment.  Thomas Lubanga Dyilo was convicted of the war crime of conscripting or enlisting persons under the age of fifteen years into the armed forces of a militant group, and using such persons to participate actively in hostilities. Lubanga was the founder and leader of the Union of Congolese Patriots responsible for violence that erupted in 2002 in Ituri, an eastern province of the Democratic Republic of the Congo, between the Hema and Lendu ethnic groups. The situation in Ituri was referred to the ICC by the Government of the Democratic Republic of the Congo.  In the Lubanga Case, several complicated issues came up in the course of the pre-trial proceedings, which commenced when a warrant for the arrest of Lubanga was issued by a Pre-Trial Chamber of the ICC in February 10, 2006: Was the conflict in Ituri an international armed conflict or one not of an international character? Is there a difference between the enlistment or conscription of child soldiers if committed in an international armed conflict or in an armed conflict not of an international character, respectively? What degree of knowledge (mens rea) is required on the part of the perpetrator in regard to the age of a person enlisted or conscripted into the armed forces or used to participate actively in the hostilities? What is the meaning of using a child soldier “to participate actively in hostilities”?  The trial and tribulations that attended the pre-trail proceedings in the Lubanga Case also included interesting issues of criminal procedure: The duty of the Prosecutor to obtain evidence for the defense; the effect of (non-) compliance with municipal (Congolese) laws in regard to searches and seizures; requirements to be satisfied for a person to qualify as a “victim” and the right of victims to express their “views and concerns” in the investigation stage of the proceedings. 

These problems and questions are some of the substantive issues included in International Criminal Law. The focus of the course is on the structures and proceedings of the ICC.  The ICC Statute was adopted by a Diplomatic Conference of Diplomatic Plenipotentiaries on an International Criminal Court, which was held in Rome on June 15 through July 17, 1998. Following 60 ratifications of the ICC Statute, the ICC became a reality on July 1, 2002 with its seat in The Hague in the Netherlands.  To date, the ICC Statute has been ratified by 122 States.  Earlier, the Security Council of the United Nations established the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), and subsequently offered its support for a Special Court to prosecute international crimes committed in Sierra Leone (SCSL), and for judicial chambers to bring perpetrators of international crimes in East Timor and Cambodia to justice. Jurisprudence of the ICTY, ICTR and SCSL, as well as cases decided by the NurembergTribunals, are included in the course.   

The course also includes an overview of the history of the establishment of the international tribunals; and as far as the ICC is concerned, its subject-matter, territorial, personal and temporal jurisdiction; the composition of the ICC and its organs; trigger mechanisms for prosecutions in the ICC (the U.N. Security Council, States Parties, and the Prosecutor conducting investigations proprio motu); and the rules of admissibility of a case (the principle of complementarity).  When dealing with the definitions of crimes within the subject-matter jurisdiction of the Court (genocide, crimes against humanity, war crimes, and the crime of aggression), we shall single out certain crimes for closer scrutiny, for example the crime of genocide, gender-specific crimes, child soldiers, torture, environmental malpractice, resettlement of populations in occupied territories, and terrorism.  In dealing with the rules of procedure and evidence to be applied in the ICC, special attention will be given to international principles of criminal justice that are at odds with the American criminal law and criminal procedure, for example the concept of mens rea, the presumption of innocence, the rule against double jeopardy, the protection of victims, and sentencing factors.  Special attention will also be given to the ongoing conflict between the African Union and the ICC over the indictment of President Al Bashir of Sudan and President Kenyatta and Deput President Ruto of Kenya to stand trial in the ICC centered upon the (non-) applicability of sovereign immunity of a sitting head of state.  The United States was one of seven States that voted against approval of the ICC Statute. The course includes concerns of the United States and others (including Israel, India, and some Arab States) that prompted a negative vote or abstention.  President Clinton did sign the ICC Statute. The Bush administration, on the other hand, adopted a particular hostile attitude toward the ICC, for example by cancelling the American signature of the ICC Statute, enacting the Military Servicemembers Protection Act of 2002, and imposing sanctions against States that refused to enter into bilateral agreements with the United States that would preclude them from surrendering American nationals for prosecution in the ICC. In 2009, the Obama administration re-engaged with The ICC and the United States is currently a “co-operating non-party State”.

732. International Law

Credits: 3 hours

Instructor(s): Van der Vyver, Johan

Prerequisite: None

Grading Criteria: Exam

Description: Introduction to the law, methodology, and institutions of modern public international law. Among the topics covered are sources of international law jurisdiction, sovereign and diplomatic immunity, treaties, the domestic application of international law, the law of international organizations, settlement of disputes, limits on the use of force, human rights, and the law of the sea.

738. International Law and Ethics

Credits: 3 hours

Instructor(s): Holzgrefe, Jeff

Prerequisite: None

Grading Criteria: Essays, Class Participation

Description: International law and ethics inhabit the same normative space.  Both seek to identify the rules that states and their citizens should observe in their international relations.  However, international lawyers have traditionally banished ethical analysis from their scholarship and advocacy.  Fortunately, in recent years a growing number of international lawyers have taken what has been described as an “ethical turn” by seeking to establish moral yardsticks against which current foreign policy and future international legal reform can be measured.  Their project is less to tear down the legal positivist barrier between law and morality than to ask what is a just international system and how the gap between it and the existing one can be narrowed or eliminated.   This course has the same end in view.  It begins by asking the question “does international law, let alone international ethics, even matter in the seemingly self-interested world of international politics?”  It then outlines the sources and subjects of international law as well as the three main traditions of international ethics: realism, legal positivism and liberalism.  It then critically examines particular issue areas from each of these ethical perspectives.  Specifically, it evaluates group rights like national self-determination, secession and self-defense, human rights such as democratic governance, subsistence, development, and intergenerational equity as well as various philosophical and political challenges to their alleged universality.  Finally, it explores conflicts between group and human rights in the context of immigration, warfare and counter-terrorism as well as actual and potential ways of securing their enforcement through domestic and international institutions (courts, tribunals, commissions) and military force (preventive war, reprisals, and humanitarian intervention).

639. International Tax

Credits: 3 hours

Instructor(s): Harvel, Brian D.

Prerequisite: Fundamentals of Income Tax (concurrent NOT okay)

Grading Criteria: Exam

Description: With improved communications and transportation "making the world smaller", it is becoming increasingly difficult to find businesses that do not engage in some form of international commerce. International Taxation is a course aimed at the tax consequences of international transactions. The class will not be targeted solely at those who would be tax lawyers. Those who anticipate a commercial practice after law school should find value in this course. It is difficult to be an effective business lawyer without some understanding of the tax laws. The course focuses on the application of the federal income tax and tax treaties to nonresident aliens and foreign corporations and to United States citizens, residents and corporations, investing funds abroad or conducting business with foreign persons.

631A. Internet Law

Credits: 2 hours

Instructor(s): Nodine, Larry K.

Prerequisite: Intellectual Property, Copyright or Trademark strongly recommended as a significant portion of the class will employ these principles.  Co-requisites okay.

Grading Criteria: Exam

Description: In this course we will wrestle with some of the most fascinating emerging issues in our evolving cyber-society. We will begin by considering jurisdiction over internet disputes. We will then turn to intellectual property topics, including trademarks (whether "keyword buys" constitute infringement; domain name disputes) and copyright (music downloading and hyper-linking). There will be special focus on arbitration procedures for resolving domain name disputes (the “UDRP”) and the liability of intermediaries like eBay or YouTube for user infringement. The Course will also explore the right to privacy in cyberspace.

570A. Introduction to the American Legal System

NOTE: OPEN ONLY TO FOREIGN-EDUCATED LLM STUDENTS AND JM STUDENTS

Credits: 2 hours

Instructor(s):

Prerequisite: None

Grading Criteria: Exam

Description: The Introduction to U.S. Law course includes fundamental principles of law, including both statutory and common law; the case method of legal study; an overview of the role of courts in legal development, and the sources of legal authority in the United States.  In addition, to ensure that students begin their course work with a solid foundation, the course will introduce the essential concepts in the basic doctrinal areas of the law, including Business Law, Constitutional Law, Contracts, Criminal Law, Property, and Torts.

708A. Introduction to Law and Religion in Practice

Credits: 3 hours

Instructor(s): Goldfeder,Mark 

Prerequisite: None

Grading Criteria: Paper

Description: The field of law and religion appeals to lawyers who are fiercely committed to the ideals of justice, freedom, and equality.  Law and religion specialists can be policy makers, contributing to law reform processes domestically and abroad, and advocates, not only for individuals, but also on behalf of faith-based organizations, social services, educational institutions, and more. They can represent victims of religious persecution, and those seeking asylum in our immigration courts. They may deal with the impact of permitting, licensing, and zoning regulations on religious institutions, as well as tax implications for religious organizations and nonprofits. They might represent their clients in religious arbitrations, mediations, and negotiations, particularly in the area of family law. They are also involved with clergy, social workers, and educators in risk management consultation, procedural structuring, and compliance policies in regard to matters of child abuse prevention, reporting, and protection. This course will introduce students to the practice of law and religion on many different levels.

627. Islamic Law

Credits: 3 hours

Instructor(s): An-Naim, Abdullahi A

Prerequisite: None

Grading Criteria: Take Home Final

Description: The course objective  is to introduce students to the nature, sources and techniques of Islamic Law (Shari`a), and its main concepts, principles and rules.  Class discussions will also focus on the relationship between Shari`a and modern legal systems, as well as its social and cultural impact on present Islamic societies.  Following a discussion of the nature, sources and early development of Shari`a, we will review the main substantive aspects of this legal tradition, namely, property and transactions, family law, criminal law, and constitutional law and inter-communal (international) law.  The last part of the course will look at the relationship between Shari`a and the legal systems of modern states, through an examination of the legal systems of Iran and Pakistan.

699. Kids in Conflict with the Law

Credits: 2 hours

Instructor(s): Waldman, Randee

Prerequisite: None

Grading Criteria: Grades will be based upon (i) a short reaction paper, (ii) an in-class advocacy exercise and (iii) a final research paper.

Description: The 2-credit course is a detailed study of the juvenile delinquency system. This course will trace the trajectory of juvenile justice in the United States over the course of the last century, from its birth as a separate system in the early 1900s, through the due process revolution of the 1960s and 1970s and the widespread punitive reforms of the 1990s, to the recent rulings on the juvenile death penalty.  It will explore critical issues such as search, seizure, and interrogation of minors; waiver from juvenile to adult court; the unique procedural mechanisms of juvenile courts; sentencing and confinement; and implications of emerging scientific research on adolescent development.  Finally, the course will also explore the relationship between the juvenile delinquency and school systems. Classes will consist of lecture, discussion, and advocacy exercises. This course is open to all 2Ls and 3Ls and is a pre- or co-requisite for entry into the Barton Juvenile Defender Clinic.

651. Labor Law

Credits: 2 hours

Instructor(s): Wilson, Brent

Prerequisite: None

Grading Criteria: Exam

Description: Focuses primarily on the National Labor Relations Act and its interpretation, including the prospect of reform legislation. Coverage also will include other matters such as regulation of globalization and preemption, and brief comparisons of the NLRA to the Railway Labor Act.

715. Law and the Unconscious Mind

Credits: 3 hours

Instructor(s): Duncan, Martha Grace

Prerequisite: None

Grading Criteria: Exam

Description:  How can prison be irresistibly alluring, and what does this allure imply for the purposes of punishment? How does the character of the one-time criminal differ from that of the career offender? How does stealing gratify both the wish to be dependent and the wish to be “macho” and aggressive? Why are metaphors of soft, wet dirt (such as slime and scum) commonly used for criminals, and why is this usage not really as negative as it seems? Why might the world be a poorer place without criminals?  These are some of the intriguing questions that will be explored in this class.  In addition, the course provides a basic understanding of psychoanalysis, including infantile sexuality, the unconscious, and the defense mechanisms, such as denial, repression, undoing, and splitting.  The class format will consist of lecture, discussion, movies, and (a few) games.

879. Legal Analysis and Writing for Non-Lawyers

NOTE: OPEN ONLY TO JM STUDENTS

Credits: 1 hour

Instructor(s): Kirk, Aaron

Prerequisite: None

Grading Criteria: Memo

Description: This course will cover sources and systems of law, the structure and content of legal arguments, and exam preparation and outlining. It will also cover communicating with non-lawyers, basic legal citation, and legal research.

747. Legal Profession

Credits: 3 hours

Instructor(s): Terrell, Timothy or Hughes Jr., James B

Prerequisite: None

Grading Criteria: Exam

Description: Study of the rules (primarily the ABA’s Model Rules of Professional Conduct) and deeper principles that govern the legal profession, including the nature and content of the attorney-client relationship, conflicts of interest, appropriate advocacy, client identity in business contexts, ethics in negotiation, and issues of professionalism.

656. Negotiations

THIS COURSE IS NOT OPEN TO STUDENTS WHO HAVE TAKEN ALTERNATIVE DISPUTE RESOLUTION OR BUSINESS SCHOOL NEGOTIATIONS.

Credits: 2 hours

Instructor(s): Athans, Michael; Lytle, Courtney or Barwick, Jane; Eldridge,David

Prerequisite: None

Grading Criteria: Class preparation/participation and written assignment – No Exam

Description: This hands-on skills course will explore the theoretical and practical aspects of negotiating settlements in both a litigation and a transactional context. The objectives of the course will be to develop proficiency in a variety of negotiation techniques as well as a substantive knowledge of the theory and practice, or the art and science of negotiations. Each week during class, students will negotiate fictitious clients' positions, sometimes preceded by a lecture and followed by critique and comparison of results with other students. Each problem will be designed to illustrate particular negotiation strategies as well as highlight selected professional and ethical issues. Preparation for class will include development of a negotiation strategy, reflective written memoranda required.

754. Patent Law

Credits: 3 hours

Instructor(s): Holbrook, Timothy

Prerequisite: None

Grading Criteria: Exam

Description: The availability and parameters of patent protection are increasing in importance in the information age.  The Internet, advances in biotechnology, and divergent court opinions are impacting this area in far-reaching ways. This course provides an overview of patent law for students interested in the area, including those without a technical or scientific background.  Topics include patentable subject matter, utility, statutory bars to patentability, novelty, non-obviousness, disclosure and enablement, patent prosecution issues, infringement, remedies and more.

755. Pretrial Litigation

Credits: 4 hours

Instructor(s): McCoyd, Matthew

Prerequisite: Third Years (Second Years with documented litigation or evidence course experience)

Grading Criteria: Written work and oral performance

Description: This is a civil case litigation skills/simulation course. The students work as two person teams forming a law firm under the direct supervision of a "senior partner". ("Senior Partners" are adjunct professors who are local premiere attorneys in active practice or judges currently on the trial/appellate bench.) The student’s, aided and guided by their senior partner, represent their clients essentially as they would in actual cases, and learn the basics of preparing a case from investigation and initiation through discovery, making a record to support or defend a substantive motion-- the culminating exercise for the course.  An actual client, played by a person from outside of the course, is assigned to each firm. The student lawyers conduct intake interviews of their clients and witnesses then proceed to represent them.  At all stages of the process, students receive active input from and evaluation by the distinguished slate of adjunct professors. The students determine what type of legal action to take, and will draft pleadings, conduct informal witness interviews, draft written discovery and take and defend depositions.

Course faculty members provide guidance and instruction in their roles as teachers, judges and senior partners, with students taking primary responsibility for client representation and strategic decisions with regard to case direction.  Actors who are very familiar with their parts and who remain "in character" appear in some roles as parties and witnesses while students in the course serve alternately as counsel and witness in others. The cases culminate in major motion hearings. The faculty members present regular lectures and demonstrations about various aspects of pretrial practice which are presented hand-in-hand with the developing procedures and technology affecting the practice of law. Attendance is required for the lectures, but primarily the student teams work independently.  Every student performance, written and oral, is observed, critiqued and graded by the faculty.  There are no written examinations. There are submissions of written materials and use of technology through audio visual presentations at motions hearings, etc.  Students are graded on their class performances, written work product and development as "practicing attorneys."  Former students have described this course as a great source for practical experience with regard to client relations, litigation strategy and discovery tactics -- all guided by esteemed faculty from the bench and practicing bar.  Many students use their course case materials, experiences and notes as a practice resource after they enter the practice of law.  The course provides students an interesting and exciting window on the actual practice of law.

616. Real Estate Finance

Credits: 3 hours

Instructor(s): Alexander, Frank S

Prerequisite: None

Grading Criteria: Exam

Description: This course first examines in detail the elements of basic real estate conveyances including the sales contract, instruments of conveyance and title assurance (recording acts, title insurance, warranties). The second half of the course is devoted to alternative methods of financing a real estate acquisition including various mortgage instruments, transfers of mortgaged property, and foreclosure questions.

667. Securities Regulation

Credits: 3 hours

Instructor(s): Velikonja, Urska

Prerequisite: Business Associations

Grading Criteria: Exam

Description: A study of the federal regulation of the issue, distribution and transfer of securities.  The course studies the process of registering new securities for offer and sale and the development of disclosure standards and accompanying liability rules.  The scope of securities regulation is examined, as is the availability of exemptions from the registration requirements.

725. Sentencing Practice

Credits: 3 hours

Instructor(s): Marbutt, Jason

Prerequisite: Crim Law, Evidence (pre-req or co-req)

Grading Criteria: Class Participation & Exam

Description: The vast majority of cases do not end in trial; they end by plea.  The vast majority of trials do not end in acquittals; they end in convictions.  What happens next?

The purpose of this class is to examine the sentencing process.  The class will be 70% experiential learning, and 30% legal knowledge.  We will discuss the basic legal framework for a sentencing hearing, and we will engage in a series of mock-sentencing hearings.  The fact patterns are based on real-world cases that are challenging – ethically, legally, morally, and emotionally.

Students will take on the role of prosecution or defense (and witnesses as needed).  They will present their case to a Judge, including questioning witnesses and arguing for an appropriate sentence.  We will have guest speakers to help guide us through the issues of the case, and we will have class discussions about, “What’s it worth?”  The guest speakers will be professionals who dealt with the real-world case that our fact patterns are based on.

The ultimate goal is for each student to have a better understanding of the factors that influence sentencing, while gaining skill in articulating those factors to others.

766. Trademark Law

Credits: 2 hours

Instructor(s): Davis,Theodore

Prerequisite: None

Grading Criteria: Exam

Description:  This course examines the law governing trademarks and other means of identifying products and services in the minds of consumers.  Instruction primarily will focus on the federal statute governing trademarks and unfair competition, the Lanham Trademark Act of 1946, but students will learn about state laws and state law doctrines in the field as well.  Topics include the protectibility of marks, including words, symbols, and “trade dress”; federal registration of marks; causes of action for infringement, dilution, and “cybersquatting”; and defenses, including parodies protected by the First Amendment.

674. Trusts and Estates

Credits: 4 hours

Instructor(s): Pennell, J N

Prerequisite: None

Grading Criteria: Exam

Description: Study of the law of intestate succession, limitations on testamentary powers, formalities necessary for executing or revoking wills, incorporation by reference and the doctrine of independent legal significance, problems of construction of wills, and will substitutes. The course examines formalities for creation and termination of express trusts, with particular consideration of legal doctrines relating to settlor, beneficiary, trustee, and trust property. The course also devotes a limited amount of time to the use of future interests in trust, powers of appointment, and rules restricting perpetuities and accumulations.

685A. Veterans Benefits Laws

Credits: 2 hours

Instructor(s): Early, Drew

Prerequisite: None

Grading Criteria: Exam

Description: This course introduces students to the body of administrative rules that govern the administration of veterans’ benefits, both through the Department of Veterans Affairs and the relevant courts. It teaches the law and procedure applicable to claims by veterans and their families at all stages of the Veterans Affairs (VA) adjudication process: initial fact-finding by VA regional offices, appellate claims to the Board of Veterans Appeals, and appellate review by the United States Court of Veterans Claims. In addition to instruction in relevant doctrine and policy exposure, students will engage in exercises directed to the basics of the disability rating process, to establishing the service connection to a disability, and to discharge review. Students will also be exposed to typical claims issues raised in veterans’ cases handled by the Emory Law Volunteer Clinic for Veterans. Law students interested in administrative law, personal injury, and civil litigation will benefit from this course, as will students interested in public service, who will be better prepared to serve as pro bono counsel to veterans in the future. This field will be one of growing importance, as the war in Afghanistan winds down and the military continues to shrink.

683X. White Collar Crimes Workshop

Credits: 1 hour

Instructor(s): Templer, Nicolette

Prerequisite: Having taken or simultaneously taking either White Collar Crimes or (Constitutional) Criminal Procedure.  There is no requirement that both be taken.

Grading Criteria: Classwork

Description: This course addresses the practical application of concepts learned in the White Collar Crimes course. During the workshop students will be given information detailing allegations of a federal health care criminal case and Qui Tam action. Students will assess the case for possible violations of federal mail fraud, conspiracy and false claim statues. Students will draft a Qui Tam complaint, represent a party in the ensuing litigation (which will not involve a trial), and arrive at a resolution of the criminal case. The course will explore "true to life" aspects of federal criminal corporate litigation from both prosecution and defense perspectives.

Course availability is subject to change.

Juris Master Students

Review course requirements for your specific tracks: consult with your advisor regarding course sequencing and refer to the JM concentrations requirements and guidelines for your specific track »

Access to Justice Workshop: Getting Into the Courtroom

Law 679, 02A

Credit: 2 Hours

Instructor: Prof. Costa

Prerequisites: None

Grading Criteria: Classroom exercises, court performance, periodic reaction papers

Description: Access to Justice provides second and third year law students the unique opportunity to see how justice is actually administered in criminal cases in actual Georgia Courts and to develop their courtroom oral advocacy skills in a real-world setting. We will examine, through readings and classroom discussion, the ways in which poor and underserved populations access justice within the framework of the traditional criminal justice system, and the increasing role of accountability courts for defendants suffering with drug, alcohol or mental health afflictions

But this class extends far beyond the conventional classroom in three significant ways. First, students will take multiple off-campus trips, including touring the local jail facility and attending actual court sessions to observe criminal case proceedings. Second, students will receive real recent criminal case warrants and police reports and will conduct interviews with actual defendants (either in or out of custody) and participate in mock classroom hearings on these cases. Lastly, where possible, students will represent their clients in actual court proceedings (bond hearings, preliminary hearings, and even possibly motions and trials).

Students should plan to be in court one weekday morning every other week throughout the semester, though multiple days will be available each week to accommodate individual student schedules. Students will be graded primarily on their performance in both classroom and courtroom hearings and their participation in classroom discussion, and secondarily on periodic papers analyzing their experiences.

Administrative Law

Law 701, 10A

Credit: 3 Hours

Instructor(s): Prof. Arthur

Prerequisite: None

Grading Criteria: Exam

Description: Most areas of contemporary legal practice require lawyers to work with administrative agencies and a large body of law concerning such agencies. This course is a study of how agencies are empowered, the procedures and modes through Description: Most areas of contemporary legal practice require lawyers to work with administrative agencies and a large body of law concerning such agencies. This course is a study of how agencies are empowered, the procedures and modes through which agencies carry out their tasks, and legal constraints on these agencies. Topics include constitutional limits on Congress' power to delegate legislative and judicial power to agencies; procedures imposed upon agency adjudication and lawmaking by the Constitution, the Administrative Procedure Act, and other statutes; the scope of judicial review of agency decisions, including the methods by which courts restrict and control agency discretion, and the limitations on the availability of federal judicial review of federal agency actions. In addition, the course will explore several recent "regulatory reform" initiatives.

Advanced Civil Trial Practice: Medical Malpractice

Law 957, 06A

COURSE NOT OPEN TO STUDENTS WHO HAVE TAKEN CIVIL TRIAL PRACTICE.

Credit: 2 Hours

Instructor(s): Prof. Graves

Prerequisite: Evidence, Trial Techniques

Grading Criteria: Course Work, Pretrial Conference and Trial

Description: The course is designed around an advanced litigation problem involving a heart transplant operation that went awry. The course is taught by experienced lawyers, judges, and doctors, includes demonstrations and trial discussions by other well-known lawyers in the field, and a hands-on visit to an operating room in a local hospital with a surgeon and nurse. Classes are generally in the NITA format supplemented by lectures and demonstrations about trial issues and medical/legal procedures. The students actually try the case at the end of the semester in front of a jury and before active trial judges in one of the local Superior Courts.

Advanced Criminal Trial Practice

Law 852, 02A

Credit: 3 hours

Instructor(s): Prof. McCoyd

Prerequisite: Evidence and Trial Technique

Grading Criteria: Critiqued classroom exercises and a final simulated trial

Enrollment: 20

Description: This workshop will provide build on the trial skills taught in the Kessler Eidson Trial Techniques Program, this course focuses on advanced techniques for opening statements, direct examinations, cross-examinations, and closing arguments in a complex litigation case. The course will draw on both criminal case files to provide a wide range of experience and development for the students. This will be accomplished by utilizing a combination of lectures, simulated courtroom exercises, detailed critiques, and specific recommendations for improvement.

Addressing issues and strategies relevant to the aspiring trial advocate who is dedicated to honing his or her trial skills, the course presentations inspire and educate in critical areas including: persuasion, trial strategy, effective use of trial exhibits, demonstrative evidence and courtroom technology, with attention to the inherent ethical concerns in each area. The course will feature a combination of these presentations, workshop sessions, and a final simulated trial. Workshops will include instruction on developing persuasive case theories, compelling trial themes and effective case characterizations and incorporating these methodologies into direct and cross-examination, objections, opening statements and closing arguments.

Students will learn how to construct and deliver effective opening statements, direct and cross-examinations, and closing arguments, all while consistently incorporating, via lecture and class participation and experience, the key concepts needed to prevail when actually trying cases. Faculty critiques will cover the concepts specific to the exercise the student performed (opening, direct, cross, or closing) and address tactical principles such as utilization of theory and theme, as well as common communication issues including use of voice and movement as tools of effective advocacy.

The course is designed for law students who have at the minimum taken a basic course in evidence, with those who have taken a trial advocacy course and/or have a serious interest in trial practice preferred.

Advanced Evidence

Law 632A, 04A

Credit: 3 Hour

Instructor(s): Prof. McCoyd

Prerequisite: Evidence

Grading Criteria: Critiqued classroom exercises and a written final exam

Enrollment: 20

Description: The objective of this course is to explore and develop selected complex evidentiary issues that are not covered by the basic Evidence course. The objective will be accomplished through the use of both lecture and simulations that present these issues in the context of complex civil and criminal litigation scenarios. While learning to analyze sophisticated evidentiary issues, students will also be able to expand the basic trial skills they acquired in Trial Advocacy. The faculty will lead participants through the quagmire of the Federal Rules of Evidence. This course offers participants the necessary skills to work through evidentiary issues with greater accuracy and confidence; ensure baseline relevancy issues are met, to affirm that probative value outweighs unfair prejudice; analyze quickly whether character evidence, including prior bad acts, is admissible; describe when habit and custom evidence may be admitted; utilize appropriate impeachment objections after analyzing the rules regarding bias, capacity and prior inconsistent statements; and, outline an analytical scheme for hearsay objections and the exceptions.

The course is designed for law students who have at the minimum taken a basic course in evidence.

Advanced Legal Research

Law 657, 12A

Accelerated Class: January 5, 2015 – February 16, 2015

Credit: 1 Hour

Instructor(s): Professor Richelle Reid

Prerequisite: None

Grading Criteria: Research Problems and Research Project

Enrollment: 20

Description: An examination of the legal research methods and sources beyond the basics taught during the first year of law school. Through lectures and practical application with in-class exercises and a final research project, students will become familiar with topics such as advanced research techniques, case, statute & regulatory research, aids for the practitioner and legislative history research.

This will be a one credit, graded course meeting on an accelerated schedule for the first seven weeks of the semester. Because student participation is essential for the learning experience in this course, attendance at each class session is mandatory. Failure to attend will affect the course grade.

Advanced Legal Writing: Blogging and Social Media

Law 851, 10A

Credit: 3 Hours

Instructor(s): Prof. Romig & Prof. Chapman

Prerequisite: LWRAP I

Grading Criteria: Students will write approximately eight blog posts of 600-800 words each, and will comment on other students’ work posted on the course blog. Satisfactory peer review of selected assignments and the final project will also be required. This work is ungraded but required for passing the course, and will form the basis for the final capstone blog project.

The final grade will be calculated as follows: 10 percent of the grade will be based on a short small-group presentation on an assigned topic about blogging (examples: strong lead paragraphs, use of headings, humor, links and citations).

The other 90 percent will be based on the capstone blog project, in which students will create blogs representing themselves and their law-related interests. Each student will create his or her own blog that includes at least five posts revised from the student’s earlier posts in the course, and two additional posts that the student creates. These posts should represent the student’s legal research and analytical abilities, reader-focused organization and reader-friendly concise writing, unique yet still professional voice, and writing proficiency with grammar and punctuation. The goal is to create a blog that the student can use after the class to explore his or her law-related interests and represent those interests to potential employers. The student will have the ability to limit blog access to class members only. Prior technical knowledge of blogging software is not required – students will learn to use WordPress, a leading blogging platform.

Description: This course is an experiential course that will teach skills that are crucial for every young litigator or any lawyer who might end up in court. We will discuss many of the typical pre-trial motions filed when defending a civil case and will address litigation strategy. Specifically, the class will work through a medical malpractice case, and the students will write three briefs: (1) a brief in support of a motion to dismiss for failure to state a claim; (2) a brief in response to a motion to compel discovery; and (3) a brief in support of a motion for summary judgment. We anticipate the students will also do an oral argument on the motion for summary judgment. The assignments will be “closed universe” assignments, meaning that the students will not need to do independent research. Out of class reading, other than authorities for the briefs, will be limited; the students will learn to write briefs by writing them. The students will not take a separate final exam. The only prerequisites for this course are those in the first year curriculum. Students do not need to take Pre-Trial Litigation before taking this class.

Advanced Pretrial Litigation

Law 755A, 05A

Credit: 3 Hours

Instructor(s): Prof. Elmore

Description: TBA

Advanced Topic in Legal Writing: Moving from the Classroom to the Workplace

Law 893, 12A

Credit: 3 Hours

Instructor(s): Prof. Mathews

Prerequisite: None

Grading Criteria: Take Home Exam

Description: This course seeks to develop further two primary skill sets introduced in the first-year LWRAP course: (1) understanding principles of legal information literacy, and (2) recognizing and responding to audience characteristics. The course will help students learn how to apply these skills in the legal workplace by employing an innovative approach of focusing solely on assignments that are short in length or duration or both. These kinds of rapid, succinct analyses are increasingly the bread and butter of real-world legal practice.

About half of the weekly writing assignments in the course will center on more skillful and informed application of principles of legal information literacy (i.e., the set of skills needed to locate, evaluate, and effectively utilize legal authorities). These assignments will focus on issues such as efficiently using a wide variety of free and fee-based on-line legal research tools; tackling unusual legal issues that pose particular research challenges; and effectively screening and organizing relevant authorities. The remaining assignments will focus on shaping documents to respond to and take advantage of particular audience characteristics, whether the demands of a busy judge, the urgency of an assigning attorney, or the sensitivity of a client. These assignments may take the form of preparing a document to be read by two audiences with different interests; producing an overview report that can be absorbed quickly by a busy reader; or an assignment requiring an oral report rather than a written document.

The course will build upon but move beyond the instructional techniques used in the first-year LWRAP course by shifting away from a process-based model (in which students work through a series of incremental assignments as part of the process of drafting, reconsidering, and revising a complete analytical document over a period of weeks). Instead, the course will use focused, tailored assignments, to be submitted under tight deadlines. Students will receive detailed feedback on each assignment, but that feedback will be oriented toward getting students to identify and address practice-related issues in their writing, rather than coaching students through a progressive revision process.

Advanced Topic in Legal Writing: Pretrial Briefs

Law 853, 12A

Credit: 3 Hours

Instructor(s): Prof. Carroll & Prof. Schwartz

Prerequisite: None

Description: This course is an experiential course that will teach skills that are crucial for every young litigator or any lawyer who might end up in court. We will discuss many of the typical pre-trial motions filed when defending a civil case and will address litigation strategy. Specifically, the class will work through a medical malpractice case, and the students will write three briefs: (1) a brief in support of a motion to dismiss for failure to state a claim; (2) a brief in response to a motion to compel discovery; and (3) a brief in support of a motion for summary judgment. We anticipate the students will also do an oral argument on the motion for summary judgment. The assignments will be “closed universe” assignments, meaning that the students will not need to do independent research. Out of class reading, other than authorities for the briefs, will be limited; the students will learn to write briefs by writing them. The students will not take a separate final exam. The only prerequisites for this course are those in the first year curriculum. Students do not need to take Pre-Trial Litigation before taking this class.

Alternative Dispute Resolution

Law 605, 04A (Allgood) 

Law 605, 02A (Armstrong)

COURSES NOT OPEN TO STUDENTS WHO HAVE TAKEN BUSINESS SCHOOL OR LAW SCHOOL NEGOTIATIONS. THIS COURSE WILL BE OFFERED IN THE FALL SEMESTER.

Credit: 3 Hours

Instructor(s): Prof. Allgood/Prof. Armstrong

Prerequisite: None

Grading Criteria:

  • Team Role Plays and Final Objective Exam (Allgood)
  • Take Home (Armstrong)

Enrollment: 20

Description: This course will explore Alternative Dispute Resolution [ADR] with an emphasis on negotiation, mediation and arbitration processes. Course objectives include an overview of these processes as a complement to litigation as well as study of and training in the skill sets used in each of the ADR processes by advocates as well as neutrals.

American Legal History I

Law 655, 10A

Credit: 3 Hours

Instructor: Prof. Witte

Prerequisite: None

Grading Criteria: Take Home Exam

Description: This course treats the history of American public, private and penal law from its colonial beginnings through the American Civil War and Reconstruction.

The main aim of this course is to understand the evolution of American law in intellectual, political, social, and economic context. We shall analyze the emerging American legal understandings of authority and power, rights and liberties, individuals and associations. We shall witness the gradual and painful efforts, only partly successful in this period, to include slaves and servants, women and children, natives and immigrants within the ambit of legal protection. And we shall focus on the transformation of constitutional law, criminal law, and private laws of marriage, property, contract, and commerce in the first century after the American Revolution. Much of what we now take for granted in our American legal system today, we shall see, was forged in the remarkable century of legal development between the Revolution and the Civil War.

Part I of this course focuses on the colonial legal system, particularly in Massachusetts and Virginia, viewed against the prevailing law of England and the Continent. Part II deals with the remarkable development of American constitutionalism in the young American nation, at both the state and federal levels. Part III analyzes the transformation of American private law and criminal law in the first half of the nineteenth century. Part IV traces the painful struggle over slavery and abolition, culminating the American Civil War and passage of the Thirteenth and Fourteenth Amendments.

Classes will consist of lecture and discussion. There will be a take home examination, handed out the last day of the semester, with a 3000 word answer due the last day of the law school examination period.

Readings will consist of a blend of excerpted primary and secondary sources available in PDF format and on the electronic blackboard maintained for this course.

Am Legal Writing, Analysis & Research

Law 560, LLM

NOTE: OPEN ONLY FOR FOREIGN-EDUCATED LLM STUDENTS

Credit: 2 Hours

Instructor(s): Prof. Daspit

Prerequisite: None

Grading Criteria: Paper

Description: An introduction to law and sources of law, legal bibliography and research techniques and strategies, the analysis of problems in legal terms, the writing of an office memorandum of law.

Analytical Methods of Lawyers

Law 734, 11A

Credit: 3 Hours

Instructor: Prof. Shepherd-Bailey

Prerequisite: None

Grading Criteria: Exam

Enrollment: 80

Description: This course explores the application to the practice of law of analytical methods of the social sciences and business profession. It will introduce essential concepts from economics, accounting, finance, statistics, and game theory to prepare students for legal practice in the modern world. These tools can be tremendously important and useful; not knowing something about them can be a serious detriment to the effective practice of law. Always, our focus will be on the application of analytical methods to real legal problems, such as the appropriate measure of damages or when to settle a case -- not becoming adept at complicated calculations. Our primary goal: to recognize when an analytical method would be useful in a legal situation and to develop a rough idea of how to use that method. Students are not expected to have any prior training or experience.

Antitrust

Law 702, 10A

Credit: 3 Hours

Instructor: Prof. Arthur

Prerequisite: None

Grading Criteria: Exam

Description: Federal regulation of competitive practices under the Sherman, Clayton, and Federal Trade Commission Acts. The course covers such antitrust problems as joint activities by direct competitors, including cartel price fixing, market division and boycott arrangements and productive joint ventures; monopolization by single firms; restraints imposed by manufacturers on their distributors; and mergers.

Art Law

Law 625, 08A

Credit: 2 Hours

Instructor(s): Prof. Moore

Prerequisite: None

Description: This class will explore and analyze the intersection of law with art and culture. Topics will include censorship, copyright and the Visual Artist Rights Act, contracts, consignment of art acts such as the Georgia Consignment of Art Act, limited edition laws as well as United States, European Union, and international law as they relate to the illicit trade in antiquities, Nazi Era plunder, other art crimes, in addition to other aspects of the law pertaining to art dealers, auction houses, artist's rights, and museums. Additional subjects will include cultural heritage and indigenous cultural issues. Course materials will include readings from Art Law, Cases and Materials (DuBoff, Burr and Murray, 2004). Links to selected legislation, international conventions, agreements, and other resources are provided below. Some of these materials will be optional.

Asylum Law

Law 691, 06A

Credit: 3 Hours

Instructor(s): Prof. Kuck

Description: TBA

Biography, Autobiography, and Scandal: Literature as Testimony and as Courtroom Drama

Law 618, 04A

Credit: 3 Hours

Instructor(s): Prof. Felman

Prerequisite: None

Grading Criteria: Regular attendance; two short papers distributed in the course of the semester; brief oral presentations; weekly one-page reading reports, and active (annotated) preparation of texts for class discussion; ongoing participation.

Enrollment: 10

Description: History has put on trial a series of outstanding thinkers. At the dawn of philosophy, Socrates drinks the cup of poison to which he is condemned by the Athenians, charged with atheism and corruption of the youth. Centuries later, in modernity, a similarly influential teacher, Oscar Wilde, is condemned by the English for his homosexuality, as well as for his provocative artistic views. In France, Flaubert and Baudelaire are both indicted as criminals for their literary works; Emile Zola is condemned for defending a Jew against the state, which has (wrongly) convicted him. Different forms of censorship are instigated by religious institutions, as well as by psychoanalytic ones. The French psychoanalyst Jacques Lacan – who practices and teaches new techniques—is expelled from the International Psychoanalytical Association, and perceives his expulsion as a religious “excommunication” (Luther, Spinoza). Through the examination of a series of historical and literary trials, this course will ask: Why are literary writers, philosophers and creative thinkers, repetitively put on trial, and how do in turn do they put society on trial? Can these trials be viewed as autobiographies of sorts, or as biographies of scandal? What is the role of literature as a political actor in the struggles over ethics and the struggles over meaning? And finally: how does literature become the writing of a destiny, or what can be called “Life-Writing”?

Selected Authors for Spring 2015: Plato (Apology; Crito; Philosophy on trial; Plato’s experience of his mentor’s execution); Oscar Wilde (Sexuality, art, and biography on trial: Wilde’s writings--novel, plays, autobiography, ballad; and Wilde’s biography – in literary memoirs narrated by his friend and colleague, the French writer André Gide); Gustave Flaubert (Madame Bovary, novel on trial); Charles Baudelaire (Flowers of Evil, poetry on trial: exemplary poems studied); Herman Melville (Billy Budd, one of the richest literary illustrations of “Law in Literature”: a story of Innocence on trial).

Business and Strategic Lawyering

Law 630, 04A

Credit: 2 Hours

Instructor(s): Prof. Aronson

Prerequisite: None

Grading Criteria: Exam

Description: Business and Strategic Lawyering is the big picture of law. It is the development and understanding of legal, business, political social and other considerations with a goal to implementing strategic legal, business and other actions to obtain the best results. The constantly changing fields of science, technology and globalization and their legal, business, political and social consequences make the strategic merging of proactive business strategies and legal considerations necessary for optimizing results. Both lawyers and business executives need to act proactively to protect clients and shareholder interests through effective strategic legal and business risk management structures and processes within the larger strategic business context. The course will include prominent guest lecturers from the legal and business communities.

This course will also consider and evaluate law firm management procedures and techniques to maximize on revenues as well as more effectively serving business clients. In the innovative driven technological economy we are living today, strategic lawyering has become an imperative for both lawyers and business executives.

Business & Tax Legal Research

Law 762, 12A

ACCELERATED CLASS: January 5, 2015 – February 16, 2015

Credit: 1 Hour

Instructor(s): Sneed

Prerequisite: None

Grading Criteria: Research Problems and Research Project

Enrollment: 20

Description: The purpose of Business and Tax Legal Research is to provide students with an introduction to business and tax related materials and advanced training on the finding and utilization of these materials for legal research purposes. Topics covered will include business forms, business filings and SEC research, and primary and secondary sources for tax issues.

This will be a one credit, graded course meeting on an accelerated schedule for the first seven weeks of the semester. Because student participation is essential for the learning experience in this course, attendance at each class session is mandatory. Failure to attend will affect the course grade.

Business Associations
  • Law 500, 08A (Freer)
  • Law 500, 04A (Kang)

Credit: 4 Hours

Instructor(s): Prof. Freer (08A); Prof. Kang (04A)

Prerequisite: None

Grading Criteria: Exam

Description: This course surveys formation, organization, financing, management, and dissolution of sole proprietorships, partnerships, corporations, limited partnerships, and limited liability companies. While covering fundamental rights and responsibilities of owners, managers, and other stakeholders. The course also considers the special needs of closely held enterprises, basic issues in corporate finance, and the impact of federal and state laws and regulations governing the formation, management, financing, and dissolution of business enterprises. This course includes consideration of major federal securities laws governing insider trading and other fraudulent practices under Rule 10b-5 and section 16(b).

Canon Law

Law 623, 04A

Credit: 2 Hours

Instructor: Prof. Domingo

Prerequisite: None

Grading Criteria: Take-Home Exam

Description: Canon Law, the law of the Catholic Church, stands at the origin of the Western Legal Tradition and is one of the chief sources of legal concepts and principles we take for granted today. This course will explore the theological and historical background of Canon Law, as well as contemporary Canon Law practice and principles set out in 1983 Code of Canon Law and post-1983 legislation. The course will cover such topics as marriage and family life; clerical conduct and misconduct; church governance at the universal, intermediary, and local levels; the interwoven roles of the papacy, bishops, synod of bishops, college of cardinals, and Roman Curia; the division of church power among provinces and regions, metropolitans, particular councils, and local parishes; and some controverted questions concerning the rights and obligations of ordained diocesan clerics. The topics and themes of the course will be adjusted to meet the needs and interests of students. The readings will include primary and secondary sources.

Capital Defender Workshop

Law 658, 03A

SELECTION: INTERESTED STUDENTS MUST SUBMIT A LETTER OF INTEREST & RESUME TO JOSH MOORE, OFFICE OF THE GEORGIA CAPITAL DEFENDER (PHONE: 404.736.5151; FAX: 404.739.5155)

Credit: 3 Hours (pass/fail)

Instructor(s): Prof. Moore

Prerequisite: None

Grading Criteria: Participation

Description: This is a three hour clinical course taught in partnership with the Office of the Georgia Capital Defender, the new state agency responsible for representing all indigent defendants statewide in capital cases at trial and on direct appeal. Second and third year law students from Emory, Georgia State, UGA, and Mercer will assist Capital Defender attorneys in all aspects of preparing their clients’ cases for trial. Students will become involved in fact investigations, witness interviewing, legal research and drafting, and general preparations for trials and sentencing hearings. The great opportunity students have in this clinic—as opposed to clinics that focus on the appeal and post-conviction stages—is to be involved in the effort to save lives on the front end, on “making the case for life.” That means students will focus at least as much on mitigation, fact investigation, and interpersonal skills as on death penalty law and advocacy skills.

The course component of this clinic will meet for 2 hours each week at the offices of the Capital Defender in downtown Atlanta. In addition to attending class, students will work on client matters for 10 hours each week. The course is graded on a pass/fail basis only, and students who express willingness to commit for 2 semesters will be given preference at the Pre-selection stage. Please indicate on your application whether you have taken any criminal procedure course(s) or the capital punishment course.

Child Welfare Law and Policy

Law 635, 02A

THIS COURSE QUALIFIES AS A PRE-REQUISITE OR CO-REQUISITE FOR STUDENTS ENROLLED IN THE BARTON PUBLIC POLICY OR LEGISLATIVE CLINIC.

Credit: 2 Hours

Instructor(s): Prof. Murry

Prerequisite: Graduate Standing

Grading Criteria: Grades will be based upon advocacy exercises with written and in-class simulation components, a short reaction paper, and participation.

Description: This course will explore the various factors that shape policies affecting abused and neglected children, including: the requirements of federal laws and regulations; the perspective of different disciplines working on these issues; public perceptions; and media coverage. The course will cover the role of federal, state, and local agencies and non-governmental organizations in addressing the needs of abused and neglected children and their families. Students will learn to identify and use resources from other disciplines to supplement their legal skills and will learn to analyze and evaluate the effectiveness of legal, legislative, and administrative policy strategies as a response to child abuse and neglect.

Colloquium Series Workshop

Law 860A, 12A

Credit: 2 Hours

Selection: Pre-selection

Instructor(s): Prof. Levine, Kay

Prerequisite: None

Grading Criteria: Class Work

Enrollment: 6

Description: Would you like a close-up look at the world of legal scholarship and the exchange of scholarly ideas? Are you seeking more engagement with the Emory Law faculty outside of the traditional classroom setting? Do you want to become a stronger writer? Have you ever thought you might want to become a law professor? If so, consider applying to the Colloquium Series Workshop (CSW).

Components: Students who participate in this two unit workshop attend two meetings each week: the weekly faculty colloquium, which meets on Wednesdays over the lunch hour (and includes lunch) and a one-hour class session run by Professor Kay Levine, on Thursday afternoons. During each of these one hour sessions, students discuss the colloquium work as a piece of scholarship (and as piece of persuasive writing), critique the author's presentation, and review materials relating to the production of scholarship and the legal academic job market. In advance of the weekly meeting, students write short reaction papers to each colloquium piece. The CSW will be graded on a pass/fail basis, but with high attendance and participation standards set for what constitutes a passing grade.

Enrollment: Students enroll in the CSW in accordance with the same procedures used for seminars (advance application during the Pre-selection process). However, enrollment is limited to six students each semester, instead of the usual 15. On the Pre-selection form please indicate the basis of your interest in the CSW, and note whether you will be producing a journal comment or other independent scholarly paper during the spring semester.

Comparative Law

Law 724, 02A

Credit: 3 Hours

Instructor(s): Prof. Ludsin

Prerequisite: None

Description: What do (1) corporate counsel advising Walmart on opening stores in India; (2) US government officials helping to write the Iraqi constitution; and (3) Human Rights Watch workers fighting for gender equality in Afghanistan have in common? Each must know the law of the foreign jurisdiction and how it compares either to their own law or to some “ideal.” With so much cross-border activity, even purely “domestic” lawyers now must employ comparative law. This course focuses on the process of comparing law to prepare students to employ it in their own legal practice. It will use examples of substantive legal issues from across the globe to teach students how to compare laws of foreign jurisdictions, taking into consideration culture, economics and regional law, among other factors that create the similarities and differences between jurisdictions. Along the way, students will gain new insight into their own system of law.

Comparative Constitutional Law

Law 707, 02A

Credit: 3 Hours

Instructor(s): Prof. Klymovich

Prerequisite: None

Description: TBA

Complex Litigation

Law 610, 10A

Credit: 3 Hours Instructor(s): Prof. Freer

Prerequisite: None

Grading Criteria: Exam

Description: A study of the metamorphosis of litigation from the simple two-party model to multi-party, multi-claim litigation increasingly prevalent today, including the causes of this change and ability of the legal system to resolve such disputes. The course centers on a detailed study of the class action device, including jurisdictional and due process implications. Also included is the study of the problem of duplicative state and federal litigation, judicial control of complex cases, including multi-district litigation procedures and the case management movement, discovery, and problems relating to preclusion in complex cases.

Constitutional Law: Religion & State

Law 646Y, 08A

Credit: 3 Hours

Selection: Open Bidding

Instructor(s): Prof. Goldfeder

Prerequisite: None

Grading Criteria: Take-Home Exam

Description: This course will explore questions arising under the Establishment and Free Exercise clauses of the First Amendment as well as religion clauses in representative state constitutions and their colonial antecedents. Consideration will be given to cases concerning religious speech, worship and symbolism in the public square, the public school, and the workplace; government support for, and protection of religious education in public and private schools; tax exemption of religious institutions and properties; treatment of religious claims of Native Americans and various religious minorities; the freedom of religious exemptions and their limits; exercise of and limitations on religious law and discipline, control and disposition of religious property; and other issues.

Classes will consist of lecture and discussion. Students will be given a take-home examination to be distributed to the last day of class and to be returned the last day of the examination period. Enrollment in History of Church-State Relations in the West or American Constitutional Law is NOT a prerequisite to enrollment in this course.

Constitutional Rights, Constitutional Controversies

Law 698L; 12A

Credit: 3 Hours

Instructor(s): Prof. Perry

Prerequisite: Non (1L who have not taken Con Law, please contact instructor 1st)

Grading Criteria: Course Participation and Final exam

Description: In the last forty years—the period since the early 1970s—the Supreme Court of the United States has resolved, on the basis of the Constitution of the United States, many contested "rights" controversies that are closely aligned with divisive moral controversies—controversies involving, e.g., capital punishment, abortion, race-based affirmative action, physician-assisted suicide, and, most recently, same-sex marriage. In this course, we will study and evaluate several such controversies. A principal, recurring issue throughout the course: What role should the Supreme Court play—how large a role, or how small—in resolving constitutional controversies that are closely aligned with divisive moral controversies? The final exam will be of the “take home” variety.

Copyright Law

Law 710, 02A 

Credit: 3 Hours

Instructor(s): Prof. Beck

Prerequisites: None

Grading Criteria: Exam

Description: Copyright law offers protection for originalworks including music, paintings, photographs, sculpture, movies, books, plays, fabric , architectural works, software and visual art. This course examines copyright law and its ability to respond to recent developments in technology. Course topics include the exclusive rights a copyright confers; infringement; defenses, including "fair use"; and remedies. There is also discussion of copyright litigation strategies and tactics employed by Professor Beck on behalf of his clients in the course of his private practice; in that sense, the class aims to be relatively pragmatic rather than theoretical.

Courtroom Persuasion/Drama I

Law 959, 10A

Law 959, 02A 

Credit: 1 Hour

Instructor(s): Prof. Metzger

Prerequisite: Evidence & Trial Techniques;

Grading Criteria: Class work

Enrollment: Strictly limited to 12 students

Class open to 3L’s ONLY

Description: This course introduces students to basic acting, directing and writing tools a lawyer needs to motivate and persuade jurors, and applies these tools to courtroom performance. Using lectures, exercises, readings, individual performance and video playback, the course helps students develop concentration, observation skills, storytelling, spontaneity, and physical and vocal technique. Students also gain practical experience applying these tools to the presentation of openings and closings as well as questioning witnesses and jurors.

Students reflected on what they gained from taking this class:

"I think what is most drastically different is how much more professional I came across later in the semester."

-Ben S.

"The largest benefit I drew from our class was the ability to stand comfortably in front of a group of people."

-Diana S.

"The most valuable aspect is practice, practice, practice, especially when combined with live and individualized feedback. I can make presentations with significantly less internal anxiety than before, and with more organization and the outward appearance of credibility." -Andrew R.

"This class taught me that putting work into your speaking style can really pay off! I also found the freedom during this class to try some experiments with my speaking technique, including not memorizing a script and moving about my space." -Alan W.

Criminal Procedure: Adjudication

Law 622B, 10A

Credit: 3 Hours

Instructor: Prof. Levine

Prerequisite: Criminal Law

Grading Criteria: Modified open book, in-class final exam; 6-8 page paper; meritorious class participation.

Enrollment: 30

Description: This course will examine how lawyers and judges behave in the criminal courts throughout the United States, as well as the legal doctrines implicated by their behavior. Topics include discovery, pre-trial detention, jury selection, prosecutorial charging and bargaining, ineffective assistance of counsel, double jeopardy, and speedy trial issues. Readings address material from law, sociology, history, and public policy. Students should note that this class has a strong sociology focus; it is not predominantly doctrinal.

Doing Deals: Accounting in Action

Law 659E, 09A

STUDENTS WHO HAVE PREVIOUSLY TAKEN ACCOUNTING OR FINANCE COURSES ARE NOW PERMITTED TO TAKE THIS CLASS ON A PASS/FAIL BASIS ONLY WHICH WILL TAKE UP THREE OF THEIR SIX PASS/FAIL HOURS.

INTERESTED STUDENTS MUST COMPLETE THE PRE-SELECTION FORM. The pre-selection forms for the Doing Deals courses will be available starting Sunday, October 26, at 9:00 a.m. and will close on Tuesday, October 28, at 9 p.m. An email notification will go out on Sunday prior to the forms opening. Click here to completel the online form »

Credit: 3 Hours

Instructor(s): TBA

Prerequisite: None

Grading Criteria: Course Work

Description: This course is designed for those liberal arts majors who know nothing about accounting and finance. Students will learn about the fundamental financial statement concepts. Then the course will turn to the study of how lawyers use those concepts in practice.

Doing Deals: Commercial Real Estate Transactions

Law 659G, 02A

INTERESTED STUDENTS MUST COMPLETE THE PRE-SELECTION FORM. The pre-selection forms for the Doing Deals courses will be available starting Sunday, October 26, at 9:00 a.m. and will close on Tuesday, October 28, at 9 p.m. An email notification will go out on Sunday prior to the forms opening. Click here to complete the online form »

Credit: 3 Hours

Instructor(s): Prof. Elliott & Prof. Taylor

Prerequisite: Real Estate Finance (concurrent okay) and Contract Drafting

Grading Criteria: Midterm, Class Participation, Drafting of Documents

Enrollment: 12

Description: This course will concentrate on sales, finance and leasing of commercial real estate. It will require significant amounts of time devoted to financial analysis of real estate projects and to negotiating and drafting of documents. It is designed specifically to include JD, LLM, and MBA students. Work groups will consist of JD, LLM, and MBA students working together as lawyer and client to analyze, negotiate and document the acquisition and subsequent leasing of a shopng center. The text for the course is a business school real estate finance text. Legal materials will be made available as handouts. A basic knowledge of Excel will be helpful but not required.

Doing Deals: Contract Drafting
  • Law 659A, 09A 
  • Law 659A, 09B 
  • Law 659A, 04A
  • Law 659A, 04B 
  • Law 659A, 04C 
  • Law 659A, 04D 
  • Law 659A, 04E 

NOTE: CONTRACT DRAFTING AND DEAL SKILLS WILL BE PREREQUISITES TO ALL DOING DEALS CAPSTONE COURSES

INTERESTED STUDENTS MUST COMPLETE THE PRE-SELECTION FORM. The pre-selection forms for the Doing Deals courses will be available starting Sunday, October 26, at 9:00 a.m. and will close on Tuesday, October 28, at 9 p.m. An email notification will go out on Sunday prior to the forms opening. Click here to compete the online form »

Credit: 3 Hours

Instructor(s): TBA

Prerequisite: Business Associations (highly recommended as prerequisite)

Grading Criteria: Course Work

Enrollment: 12

Description: This course teaches students the principles of drafting commercial agreements. Although the course will be of particular interest to students pursuing a corporate or commercial law career, the concepts are applicable to any transactional practice.

In this course, students will learn how transactional lawyers translate the business deal into contract provisions, as well as techniques for minimizing ambiguity and drafting with clarity. Through a combination of lecture, hands-on drafting exercises, and extensive homework assignments, students will learn about different types of contracts, other documents used in commercial transactions, and the drafting problems the contracts and documents present. The course will also focus on how a drafter can add value to a deal by finding, analyzing, and resolving business issues.

The grade will be based on specific homework assignments and class participation.

Doing Deals: Corporate Practice

Law 659H, 06A

Credit: 3 Hours

Instructor(s): TBA

Prerequisite: Business Associations

Grading Criteria: Written Problems and Class Participation

Enrollment: 12

Description: The purpose of this course is to prepare students for the first year of general corporate practice, whether in an in-house, law firm, or solo practice setting. This course will provide students with broad exposure to a variety of corporate problems, including contract negotiation and drafting typical of current corporate practice, complex corporate structuring issues, joint ventures, and non-litigation corporate dispute resolution. The course exercises will involve questions of corporate, tax, employment, and debtor-creditor law. Although prior course work in these areas is not required, it is preferable to have some interest in and familiarity with these areas.

Because student participation is essential for the success of this practice-simulation course, attendance is mandatory. Failure to attend will affect the course grade. This course also requires collaborative work with other students and meetings with the adjunct faculty. You will be required to schedule several meetings in addition to regular class time. In addition, any students on the wait list for this class must attend the first class meeting, which sets the stage for the first several weeks of assignments.

Doing Deals: Deal Skills
  • Law 659B, 09A
  • Law 659B, 04A 
  • Law 659B, 04B
  • Law 659B, 04C 
  • Law 659B, 04D
  • Law 659B, 04E 
  • Law 659B, 04F 

NOTE: CONTRACT DRAFTING AND DEAL SKILLS WILL BE PREREQUISITES TO ALL DOING DEALS CAPSTONE COURSES

INTERESTED STUDENTS MUST COMPLETE THE PRE-SELECTION FORM. (The pre-selection forms for the Doing Deals courses will be available starting Sunday, October 26, at 9:00 a.m. and will close on Tuesday, October 28, at 9 p.m. An email notification will go out on Sunday prior to the forms opening. Click here to complete the online form »

Credit: 3 Hours

Instructor(s): TBA

Prerequisite: Contract Drafting (required – concurrent not okay); Business Associations

Grading Criteria: Course Work

Enrollment: 12

Description: Deal Skills will introduce students to business and legal issues common to commercial transactions, whether a multi-billion dollar M&A deal, a license agreement, a commercial real estate transaction or a financing transaction. Among the topics to be covered are the lawyer’s role as the translator of the business deal into contract concepts, client interviewing and communication, negotiation, due diligence, corporate actions and records, indemnities, transaction management, closings, and ethical issues. The course will be conducted through workshop exercises, in-class role-plays, and lecture, and will also include out-of-class due diligence, negotiation and other exercises.

Doing Deals: Mergers & Acquisitions Workshop

Law 659J, 04A

Credit: 3 Hours

Instructor(s): TBA

Prerequisite: Business Associations (concurrent not okay); Contract Drafting; Deal Skills

Grading Criteria: Participation in Simulated Transaction, Written Assignments and Class Participation (NO EXAM)

Enrollment: 12

Description: This class is designed to provide law school students who intend to practice transactional law with some of the basic practical skills required to counsel companies with respect to business combinations. The focus of the course will be to identify and discuss the factors involved in a typical business combination, the roles of the parties and the relevant documents. The course is intended to ease the transition from law school to junior transactional associate.

Doing Deals: Negotiated Corporate Transactions

Law 659K, 04A

Credit: 3 Hours

Instructor(s): TBA

Prerequisite: Business Associations (concurrent not okay); Contract Drafting; Deal Skills

Grading Criteria: Course Work and Class Participation

Enrollment: 12

Description: This class will enable the students to develop the types of skills needed for success in a transactional based law practice. Emphasis will be placed on the development of interviewing, drafting, and negotiation skills. The students will work through a hypothetical transaction that will be focal point of the entire semester. The class will be divided between the lawyers representing the buyer and the lawyers representing the seller. Students will interview the Professor (client) throughout the semester and develop goals, strategies, and documents that will meet the needs of the client. The semester will include the drafting and negotiation of a confidentiality agreement, letter of intent, development and review of a due diligence data room and will culminate in the drafting and negotiation of a final purchase agreement.

Doing Deals: Venture Capital

Law 659C, 04A

Credit: 3 Hours

Instructor(s): TBD

Prerequisite: Business Associations (concurrent NOT okay), Contract Drafting, Deal Skills,

Grading Criteria: Course Work

Enrollment: 12

Description: This course will study the business and legal issues in venture capital transactions. The course will be taught primarily through simulations.

Education Law & Policy: Education Reform at a Crossroads

Law 662, 04A

Credit: 2 Hours

Instructor(s): Prof. Waldman

Prerequisite: None

Grading Criteria: In-class exercises and final paper

Description: This course will survey constitutional, statutory and policy issues affecting children in our public elementary and secondary schools. An emphasis will be placed on issues that impact the children most at risk for educational failure and that contribute to the school-to-prison pipeline. Topics will include the right to an education, school discipline, special education, alternative educational programs, No Child Left Behind and high stakes testing, the rights of homeless youth and youth in foster care, and laws designed to address bullying in our schools.

Employment Discrimination

Law 669, 08A

Credit: 3 Hours

Instructor: Prof. Shanor

Prerequisite: None

Grading Criteria: Exam

Description: This course will focus on development of law and policy under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, and the Americans with Disabilities Act.

Employment Discrimination Lab

Law 669X, 06A

Credit: 1 Hour

Instructor(s): Prof. Shultz & Prof. King,

Prerequisite: Employment Discrimination or Employment Law

Grading Criteria: Coursework

Enrollment: (cap of 8 students)

Description: The class will work though an employment law case from meeting the client to a mock jury trial. The students will be divided into 2 law firms. One firm represents the Plaintiff and the other firm represents the Defendant. The classes are lead by Chad Shultz and Carlton King., but this is an interactive class that encourages group discussion and student participation. The written assignments will include a demand letter (Plaintiff’s firm), a response to the demand letter (defense); summary judgment brief and reply (simplified and limited to no more than 8 pages). Each student will also participate in deposing a witness, argue the motion for summary judgment, and play a role in the trial of the case. This is a hands-on class that will allow you prosecute and defend an employment case from start to finish.

Energy Law

Law 660, 04A

Credit: 3 Hours

Instructor(s): Prof. Crofton

Prerequisite: None

Grading Criteria: Exam

Description: The course examines state, federal and international regulation of energy markets and the development, production and distribution of energy. The course will emphasize the interrelation of energy policy with other legal and economic policy areas.

Entertainment Law

Law 720, 04A

Credit: 3 Hours

Instructor(s): Prof. Sanders

Prerequisite: Intellectual Property, or Trademark Law, or Copyright Law (concurrent okay)

Grading Criteria: Exam

Description: This course will provide an overview of the rapidly developing body of law associated with the entertainment industries concentrating in the areas of music publishing and commercial recording, live performance, literary publishing and motion pictures. The course will focus on a study of entertainment law cases, aspects of copyright law, personal rights and negotiation of entertainment agreements.

Estate Planning

Law 916, 02A

Credit: 2 hours

Instructor(s): Prof. Pennell, Jeff

Prerequisite: Trusts & Estates [There are no tax course prerequisites for Estate Planning]

Grading Criteria: Take Home Exam

Description: Selected problems in estate analysis and planning involving drafting of wills and trusts utilizing future interests, class gifts, powers of appointment, generation-skipping arrangements, and qualification for the marital deduction. Consideration of planning for business interests, insurance, and employee benefits also is included.

European Union Law

Law 620, 04A

Credit: 3 Hours

Instructor: Prof. Mickevicius

Prerequisite: None

Grading Criteria: Exam

Description: The largest trade and investment relationship in the world, overlapping geopolitical concerns, and crucial shared values make the European Union one of the United States’ most important partners – economically, politically, and socially. Lawyers, public servants, and activists are consequently being called upon to engage (and understand) European legal principles and practices to an ever-growing degree. With that in mind, this course will examine the theoretical fundamentals of the EU legal system and their practical applications. This begins with the constitutional framework of the EU, including its political and legal nature, its aims and guiding values, membership and the division of powers between the EU and the Members States, institutional makeup and the allocation of powers across its major institutions, and the structure and role of the EU judicial system. Building on the latter, we will then turn to the EU model of judicial review and the complex interaction between the EU and national legal systems in enforcing EU law. Finally, we will consider the body of EU legislation and case law ensuring economic freedom (freedom of movement for goods, establishments, services, workers, and capital) and fair competition – elements of EU business law that are essential to the operation of an effective single market – as well as recent developments in the creation of a unified concept of EU citizenship, and in the protection of individual freedoms within the EU.

Evidence

Law 632X, 04A

MUST BE TAKEN IN THE SECOND YEAR

Credit: 3 Hours

Instructor(s): Prof. Goldfeder

Prerequisite: None

Grading Criteria: Exam

Description: A general consideration of the law of evidence with a focus on the Federal Rules of Evidence. Coverage includes relevance, hearsay, witnesses, presumptions and burdens of proof, writings, scientific and demonstrative evidence, and privilege.

Family Law I

Law 633, 10A

Credit: 3 Hours

Instructor(s): Prof. Broyde

Prerequisite: None

Grading Criteria: Exam

Description: This course will address the problems, policies, and laws related to the formation and dissolution of the marital relationship. Among the topic covered will be marriage, divorce, child custody and other related topics.

Federal Appellate Practice

Law 614, 05A

Credit: 2 Hours

Instructor: Prof. Marcovitch, Robert

Prerequisite: None

Grading Criteria: Coursework

Description: In this class, students will engage in an immersive mock appellate exercise based on the record of a case pending in the United States Court of Appeals for the Eleventh Circuit, which that Court has agreed to consider en banc. Students will write briefs from the record, participate in mock oral arguments, and write “draft” opinions in the case. If possible, the class will also attend the en banc oral argument of the appeal in the Eleventh Circuit. Lectures will address the Federal Rules of Appellate Procedure and their practical application, as well as instruction on writing a well-crafted and persuasive appellate brief.

This course is a prerequisite for enrollment in a clinical course to be offered in the Spring 2014 semester in which students will handle actual Eleventh Circuit cases, along with the instructor, under that Court’s third-year practice rule. The Spring 2014 clinical course will be open only to third year students.

Federal Courts

Law 721, 02A

Credit: 3 Hours

Instructor(s): Prof. Nash

Prerequisite: None

Grading Criteria: Exam

Description: This course deals with the allocation of judicial business between the state and federal courts, as well as the jurisdictional tensions that arise from a dual judicial system. In addition, the course considers the relationship between the federal judiciary and Congress, particularly as it implicates legislature’s power to structure and limit the federal courts’ subject matter jurisdiction. This is a very practical course, as well as one that implicates important theoretical issues about decision-making institutions under our federal system of government.

Federal Income Tax: Corporations

Law 642, 02A

Credit: 2 Hours

Instructor(s): Prof. Fowler

Prerequisite: Fundamentals of Income Tax 3 or 4 hours only requisite not co-requisite

Grading Criteria: Exam

Description: Survey of the general structure of taxation of corporations. Considers the tax issues arising from the formation, operation, liquidation, and reorganization of corporations. An important course for anyone interested in transactional law.

Federal Income Tax: Individuals

Law 640L, 08A

Credit: 4 Hours

Instructor(s): Prof. Brown

Federal Income Tax: Partnerships

Law 942, 08A

Credit: 2 Hours

Instructor(s): Prof. Beaudrot

Prerequisite: Fundamentals of Income Tax

Grading Criteria: Exam

Description: This course examines the taxation of partnerships, joint ventures, and LLCs. We will look at the formation, financing, and operation of these entities to understand the impact the tax rules have on financial returns and investment structures. This is an essential class for those interested in venture capital, private equity, real estate, or international business transactions.

Federal Prosecutions Practice

Law 760, 06A

Credit: 3 Hours

Instructor(s): Prof. Grimberg

Prerequisite: Criminal Procedure recommended, but not required

Grading Criteria: In-class exercises and take-home written assignments

Description: This class will explore the powers, principles, and responsibilities that come with serving as a federal prosecutor. Class segments will focus on the day-to-day responsibilities of federal prosecutors throughout the various stages of the criminal justice system. We will discuss the motivating factors that guide federal prosecution decisions in light of legal, policy, practical and ethical considerations. The class will involve a mix of lecture and “learn by doing” exercises that will be geared towards developing your analytical, oral and written advocacy skills.

Fundamentals of Innovation II

Law 890A, 04A

OPEN TO TI:GER STUDENTS ONLY. PROFESSOR PERMISSION REQUIRED.

Credit: 3 Hours

Instructor(s): Prof. Rector

Prerequisite: Intellectual Property

Description: Innovation and technological change are critical to wealth creation in today’s global economy. However the process that often begins in the research lab traveling a path towards product development, market development, product commercialization and life cycle management is uncertain and typically difficult. More often than not, ideas will “die the good death” well before given the opportunity to develop into profitable markets. Fundamentals of Innovation I is first of a two-course sequence on the various techniques and approaches needed to understand the innovation process within the context of technology commercialization. In the Fall semester, the course is focused on 1) helping students develop an understanding of innovation basics including the overall innovation process and roles and skills of various key players; 2) discussing patterns of technology change and alternate management processes for each; 3) organizing the innovation team and developing frameworks that foster team creativity; 4) understanding forms and protections afforded Intellectual Property; and 5) discussing early stage approaches to product definition (working models to engineering prototypes) and preliminary market definition.

The fall course and the companion course in the spring will provide the academic core to the student’s first year in the Technological Innovation: Generating Economic Results (“TI:GER”) program and will be taught as a series of learning modules. Each module and class session is lead by a faculty or guest instructor with in depth experience in that particular technology commercialization topic. Students will take each course as a “community of participants” and will participate on both an individual and team level. Innovation teams that are comprised of the PhD candidates, MBA and JD students, will be formed mid-semester and will participate both in in-class activities and cases, as well as in an “engaged learning” experience intended to simulate the technology commercialization process. The technology/research that will drive the innovation teams will be provided by the PhD candidates and their advisors.

Health Law

Law 736, 12A

Credit: 3 hours

Instructor: Prof. Bergeson

Prerequisite: None

Grading Criteria: Exam

Description: Health care is one of the largest sectors of the economy, and the practice of health law is growing. This course is an introduction to regulatory health law. The course will address select topics in health law, including: regulation of physicians and health care institutions, confidentiality, informed consent, individual and institutional obligations to provide care, discrimination in access to care, public and private health insurance structures, and some of the major statutes that govern health care providers. Health care is heavily regulated and the regulations can become trip-wires for the unwary. The course is intended to teach fundamental skills necessary to be a practicing lawyer who advises health care providers and suppliers. The class will not focus on health policy; health policy will be discussed only as background to understanding the regulatory framework within which a practicing health lawyer advises clients.

Intellectual Property

Law 608, 08A 

Credit: 3 Hours

Instructor(s): Prof. Holbrook

Prerequisite: None

Grading Criteria: Exam

THIS COURSE IS A PREREQUISITE FOR INTERNET LAW AND ENTERTAINMENT LAW AND INTERNATIONAL & COMPARATIVE PATENT LAW SEMINAR.

Description: This course will serve as an introduction to patent, trademark, and copyright law. The course will explore the policy and legal foundations for these areas of law and the scope of protection which each affords. The requirements for protection will be examined and compared. The framework for the administrative procedures, which support the patent and trademark systems, will also be discussed. In part, the course will direct attention to the question as to the legitimacy of these forms of property and appropriateness of protection. What constitutes infringement of intellectual property rights will be discussed. Methods for avoiding infringement and scienter with respect to infringement will also be discussed. Remedies and questions of civil procedure and appellate review will receive brief consideration.

IP Contracting: From Start-Up to Bankruptcy

Law 608A, 10A

Credit: 3 Hours

Instructor: Prof. Vertinsky

Prerequisite: Intellectual Property or Patent or Copyright or Trademark (concurrent okay)

Description: Intellectual property transactions are pervasive in the modern economy, shaping and facilitating the distribution, commercialization and use of ideas, technologies, and information. IP transactions, including licensing and other IP agreements, play an important role in commerce, education, the arts, and a range of other areas involving the creation and use of intangible assets. This class will provide a survey of some of the key laws, cases, and issues relevant to licensing and other forms of IP transactions in the United States. It will cover selected topics in patent, trade secret, copyright and trademark licensing, followed by applied topics such as open source licensing and technology transfer between public and private entities.

Intellectual Property Litigation

Law 608B, 04A

Instructor: Prof. North

Description: In the past, the areas of patent, copyright, and trademark were treated as distinct fields of law. In the modern marketplace, however, products likely involve consideration of all three of these forms of intellectual property protection. For example, the simple, ubiquitous insulating patent sleeve features patented, copyrighted, and trademarked elements. This class focuses the enforcement of IP rights through litigation with an eye to training students how to identify issues that cross these various regimes for a single product or situation. The class will focus on important skills such as drafting of motions, discovery, and expert testimony.

International Business Transactions

Law 730, 02A

Credit: 3 Hours

Instructor(s): Prof. Dean

Prerequisite(s): None

Grading Criteria: Exam

Description: This course will be a survey of practical issues that arise in cross-border transactions, including both outbound and inbound (from a US perspective) trade and investment transactions. We will discuss issues that affect transactions involving international trading of goods, project development and acquisitions. Topics will include letters of credit, international trade terms such as INCOTERMS, joint venture agreements, and international transfer of technology. We will also cover some selected aspects of government regulation of international trade and investment.

International Human Rights

Law 690, 02A

Credit: 3 Hours

Instructor(s): Prof. Van der Vyver

Prerequisite: None

Grading Criteria: Exam or Essay

Description: This course focuses on international concerns for the upholding of human rights standards in legal systems of the world. It defines the concept of human rights, and distinguishes different categories of human rights that have developed over the years, namely (a) natural rights of the individual; (b) civil and political rights; (c) economic, social and cultural rights; and (d) solidarity rights. General problems relating to the theoretical basis of human rights will come under the spotlight in this section, including the universality and relativity of human rights, and the right to self-determination of peoples.

The course further deals with mechanisms for the protection and promotion of international human rights at three distinct levels: (a) globally, under auspices of the United Nations Organization, with emphasis on the binding effect of the human rights standards enunciated in the Charter of the United Nations and the Universal Declaration of Human Rights, promotion and protection of those rights by the Human Rights Council, and the proclamation and enforcement of certain categories of rights in virtue of international conventions and covenants sponsored by the United Nations; (b) regionally, in Europe under auspices of the Council of Europe, the European Union, and the Helsinki Accord, in the Americas under auspices of the Organization of American States; and in Africa under auspices of the African Union; and (c) thematically, under auspices of specialized agencies such as the International Labor Organization (ILO) and UNESCO.

When dealing with the promotion and protection of human rights under auspices of the United Nations, special attention will be given to the question whether or not the provisions in the U.N. Charter dealing with human rights are self-executing in the United States, and decisions of the Human Rights Council dealing with, for example, the defamation of a religion, and human rights violations committed by Israel in the West Bank and in Gaza. We have also singled out particular rights and freedoms for closer scrutiny, such as freedom of speech, freedom of religion or belief, and the international protection of rights of the child.

The section on the Council of Europe pays special attention to the doctrine of a margin of appreciation developed by the European Court of Human Rights, which affords to High Contracting Parties a first bite at the cherry to decide whether circumstances exist in their respective countries that would warrant limitations to be imposed on particular rights or freedoms enunciated in the European Convention for the Protection of Basic Human Rights and Fundamental Freedoms, and to the doctrine of positive obligations, which places on High Contracting Parties a duty to protect persons under their jurisdiction against violations of their rights by the State and by non-State actors. It further focuses on a selection of judgments of the European Court of Human Rights, such as those relating to torture, sexual orientation, and extradition constraints (the latter involving the United States).

The section on the Inter-American system for the protection of human rights singles out decisions of the Inter-American Commission of Human Rights that condemned the United States for not observing basic principles of the Inter-American Declaration of the Rights and Duties of Man of 1948, for example ones that dealt with racial discrimination in the sentencing of convicted criminals, the death penalty, abortions, and non-compliance by the United States with the Vienna Convention on Consular Relations.

The latter set of cases will also bring into contention three judgments of the International Court of Justice condemning the United States for non-compliance with the Vienna Convention on Consular Relations, and responses of the U.S. Supreme Court and the Constitutional Court of Germany to those judgments. The enforcement of international human rights in federal courts of the United States in cases such as Medéllin v.

Texas and in virtue of the Alien Torts Statute and Article 1, Section 8, Paragraph 10 of the U.S. Constitution places the Vienna Convention judgments in a broader perspective.

International Humanitarian Law

Law 676, 02A

Credit: 3 Hours

Instructor(s): Prof. Van der Vyver

Prerequisite: None

Grading Criteria: Exam or essay

Description: September 11th, the war in Afghanistan and in Iraq, and the status of Afghani captives being held at Guantánamo Bay; the testing and stockpiling of weapons of mass destruction; the violent conflict in Israel and Palestine, and in Libya; and attempts to establish an Islamic State (ISIS) in Syria and Iraq are all matters that come within the range of international humanitarian law: the law of armed conflict. International humanitarian law applies to and in times of armed conflict and differentiates between international armed conflicts and armed conflicts not of an international character. The war in Bosnia/Herzegovina and jurisprudence of the International Criminal Tribunal for the Former Yugoslavia (ICTY) illustrate the complexities attending that distinction. The U.S. Supreme Court decided in the Hamdan Case that the “war against terror” is an armed conflict not of an international character because it is not a war between States. This view is at odds with jurisprudence of the ICTY and the International Criminal Court (ICC). It is also extremely difficult to establish precisely under what conditions an internal uprising would be considered an armed conflict for the purposes of international humanitarian law.

The rules of international humanitarian law fall into two main categories:

(a) the ius ad bellum (the law relating to armed conflict): under what circumstances is the taking up of arms to resolve an international or internal dispute legitimate, and when would it constitute the international crime of aggression?

(b) the ius in bello (the law applying in times of war), which comprises two main subject-matters:

The rules regulating the means and methods of conducting hostilities (what weapons may be used, and what persons or objects may be targeted);

How must belligerent parties treat persons and objects not engaged in, or used for, actual combat, such as the wounded or sick members of the armed forces in the field; the wounded, sick or shipwrecked members of the armed forces at sea; prisoners of war; and civilians.

Under (a), the course will explore the legitimacy of, for example, wars of liberation, the right to self-defense, and humanitarian intervention, with special emphasis on the war in Iraq, the Israeli offensive in Gaza, the use of armed force in Libya, and the current bombing campaign in Syria and Iraq. Under (b)(i), questions such as the legality of the threat or use of a wide spectrum of armament, ranging from dumdum bullets to nuclear, bacteriological and chemical weapons, as well as legitimate/illegitimate targets of an armed attack, will be considered. Under (b)(ii), matters such as the treatment of prisoners of war and of the wounded and sick

soldiers, and the protection of civilians and civilian objects, including cultural property, in times of war will come under the spotlight.

Particular problems that have emerged from recent judgments of the ICC and of the Supreme Court of Israel include the conscription and enlistment, and the use in actual combat, of children under the age of 15 years, and the use of a human shield to protect legitimate military targets from an armed attack.

International Humanitarian Law Clinic

Law 676C, ____

Credit: 2 Hours

Instructor(s): Prof. Blank

Prerequisites/Co-requisites: International Law; International Humanitarian Law; International Criminal Law; International Human Rights; Counterterrorism Law

Grading Criteria: Graded

Enrollment: By application

Description: The International Humanitarian Law Clinic provides opportunities for students to do real-world work on issues relating to international law and armed conflict, counterterrorism, national security, transitional justice and accountability for atrocities. Students work directly with organizations, including international tribunals, militaries and non-governmental organizations, under the supervision of the Director of the IHL Clinic, Professor Laurie Blank. The IHL Clinic also includes a weekly class seminar with lecture and discussion introducing students to the foundational framework of and contemporary issues in international humanitarian law (otherwise known as the law of armed conflict).

Law  608C

Credit:  

Instructor(s): Prof. Holz

Prerequisites/Co-requisites:  

Grading Criteria:  

Description: Intellectual property rights still remain creatures of national law. Historically, though, intellectual property law has been a part of a broader network of treaties and international organizations. In the last 30 years, much of the evolution in intellectual property law has occurred at the international level, driving changes in domestic law due to either treaty obligations or interests in harmonizing the laws of various countries. Countries have also come to realize, somewhat controversially at times, that intellectual property and trade are linked, with intellectual property rights potentially acting as barriers to trade. The creation of the World Trade Organization has now given nations a mechanism to enforce various intellectual property obligations. This course will explore the various treaty regimes that govern intellectual property rights, the international organizations (such as the WTO and the World Intellectual Property Organization) and their involvement in international intellectual property, the use of domestic intellectual property rights extraterritorially, and comparative differences between US and the law of other countries.

International Law

Law 732, 04A

Credit: 3 Hours

Instructor(s): Prof. An-Na’im

Prerequisite: None

Grading Criteria: Exam

Description: The objective of this course is to introduce students to the general principles of Public International Law from a critical contemporary perspective; and to discuss the challenges to the structural and institutional limitations of that state-centric legal order in its global political context. The underlying theme will also include the implications of global transformations in the actors and processes of the rule of law in international relations.

Jewish Law

Law 664, 12A

Credit: 3 Hours

Instructor(s): Prof. Broyde

Prerequisite: None

Grading Criteria: Paper or Take-Home Exam

Description: This course will survey the principles Jewish (or Talmudic) law uses to address difficult legal issues and will compare these principles to those that guide legal discussion in America. In particular, this course will focus on issues raised by advances in medical technology such as surrogate motherhood, artificial insemination, and organ transplant. Through discussion of these difficult topics many areas of Jewish law will be surveyed.

Law & Economics

Law 628Y, 09A

Credit: 3 Hours

Instructor(s): Prof. J. Shepherd

Prerequisite: None

Grading Criteria: Exam

Enrollment: 80

Description: This course introduces students to the economic analysis of the law. Because economics provides a tool for studying how legal rules affect the way people behave, understanding economic analysis of legal problems has become an important part of a lawyer's education. The ability to predict the effects of legal rules helps the practicing lawyer furnish advice and make arguments before courts. It is also a prerequisite for the evaluation of legal policy. Over the last twenty-five years, the economic approach has grown in importance in academia as well as in legal and judicial practice. The course will explore several economic methods and concepts and apply them to illuminate and critique familiar areas of law, including criminal law, torts, contracts, property, and civil procedure. There are no prerequisites for this course; a background in economics is not necessary (or even very helpful).

Law in Public Health

Law 736A, 04A

Credit: 2 hours

Instructor(s): Prof. Kocher

Prerequisite: None

Grading criteria: Attendance, classroom participation, short oral presentation, and take-home exam

Site: Most sessions will meet at Emory Law, but a small number of sessions may be held at CDC headquarters on Clifton Rd)

Description: Law and public health are tightly intertwined. Law students can benefit from an improved understanding of the legal principles and laws underlying the complex and cross-disciplinary field of public health practice in the United States.

This course surveys law as it defines public health and is used by local, state, and federal government agencies as a tool to address contemporary public health problems in the United States. The course features a cross-disciplinary emphasis on the link between both the law and science of public health practice. The course specifically addresses foundational sources for public health law in the United States, including constitutional, statutory, regulatory, and case law. In addition, this course provides an examination of controlling law and emerging legal issues associated with selected topics drawn from bioterrorism, natural disasters, and other public health emergencies; public health surveillance and outbreak investigations; public health research and health information; special populations (including, for example, the aging population, persons with mental disabilities, prisoners, children, and homeless populations); and key public health topical areas, such as environmental issues; vaccination; foodborne diseases; tobacco use-related problems; and injuries.

Legal Analysis and Writing for Non-Lawyers

Law 879, 06A

Accelerated Class: First seven weeks

Selection: Click here for Pre-selection form.

Credit: 1 hour

Instructor(s): Prof. Kirk

Prerequisite: None

Description: This course will cover sources and systems of law, the structure and content of legal arguments, and exam preparation and outlining. It will also cover communicating with non-lawyers, basic legal citation, and legal research.

Legal Profession

Law 747, 12A

STUDENTS CONSIDERING A LITIGATION FIELD PLACEMENT IN THEIR THIRD YEAR ARE STRONGLY ENCOURAGED TO TAKE LEGAL PROFESSION.

Credit: 3 hours

Instructor(s): Prof. Elliott

Prerequisite: None

Grading Criteria: Exam

Description: The rules and principles of professional ethics, other regulatory constraints on lawyers, the elements of malpractice liability and the values of professionalism.

National Security

Law 652, 10A

Credit: 3 Hours

Instructor(s): Prof. Blank

Description: This course surveys the framework of domestic and international laws that authorize and restrain the pursuit of the U.S. government’s national security policies. Central issues include the sources, foundation and structure of national security law; the participants in the national security system, their constitutional roles, and the nature of power sharing among branches of government; and the law applicable to specific national security issues such as the use of military force, the activities of the intelligence community, and counterterrorism activities.

Negotiations
  • Law 656, 06A (Athans & Lytle)  
  • Law 656, 06B (Eldridge)  

Credit: 2 Hours

Instructor(s): Prof. Athans/Prof. Eldridge

Prerequisite: None

Grading Criteria: Class preparation/participation and written assignment – No Exam

COURSE NOT OPEN TO STUDENTS WHO HAVE TAKEN ALTERNATIVE DISPUTE RESOLUTION IN THE LAW SCHOOL OR NEGOTIATIONS IN THE BUSINESS SCHOOL

Description: This hands-on skills course will explore the theoretical and practical aspects of negotiating settlements in both a litigation and a transactional context. The objectives of the course will be to develop proficiency in a variety of negotiation techniques as well as a substantive knowledge of the theory and practice, or the art and science of negotiations. Each week during class, students will negotiate fictitious clients' positions, sometimes proceeded by a lecture and followed by critique and comparison of results with other students. Each problem will be designed to illustrate particular negotiation strategies as well as highlight selected professional and ethical issues. Preparation for class will include development of a negotiation strategy, reflective written memoranda required.

Privacy Law: Data and Drones in the Digital Age

Law 672, 10A

Credit:

Instructor(s): Prof. Cloud

Grading Criteria: Final exam (essay)

Description: The course will examine U.S. law governing informational and spatial privacy rights, including any restrictions they impose upon invasions by both government and private actors. The course will focus upon three topics. (1) The origins and history of the legal right to privacy in the United States, which was not recognized until the twentieth century. (2) The right to informational privacy for tangible documents, photographs, digital communications, and electronically stored information, regardless of the technologies used to create, transmit, and store the information. (3) The right to spatial privacy from physical trespasses and from a variety intrusions on privacy accomplished by using technological devices, like the use of drones for both visual and photographic information gathering.

Products Liability

Law 663, 10A

Credit: 3 Hours

Instructor(s): Prof. Zwier

Prerequisite: Torts

Grading Criteria: Exam

Enrollment: 24

Description: Products Liability is the study of causes of action, defenses, processes and procedures that apply to products that cause injury. A large variation of products are considered including, vehicles, machines, toys, food, clothing, contraceptives, tobacco, lighters, guns, airplanes and pharmaceuticals. Tension in the cases is palpable because most products suits are brought against major American and foreign corporations. The class will also engage in simulations that not only explore the students understanding of products liability law, but will simultaneously seek to develop litigation skills involving negotiations, case development and strategy and advocacy.

Regulation of Healthcare Providers

Law 744, 04A

Credit: 2 Hours

Instructor(s): Prof. Miller

Prerequisite: Health Law (RECOMMENDED)

Grading Criteria: Exam

Description: Healthcare providers are subject to an array of state and Federal regulation, which regulation is not the result of a comprehensive scheme to implement a coherent policy. The result is a complex set of laws that often reflect the “health care policy of the moment” at the time they were adopted. This course will cover this largely unordered set of laws regulating provider conduct, as follows:

1. Licensure and Other Controls on Physician Practice—(a) state practice of medicine laws and state disciplinary actions; (b) hospital peer review and medical staff disciplinary actions, the Health Care Quality Improvement Act’s effect on peer review & the National Practitioner Data Bank; (c) Medicare regulation of the quality of care; and (d) other federal regulation of physicians.

2. Regulation of Institutional Providers—(a) Medicare

conditions of participation for hospitals and ”deemed status” by virtue of private accreditation; and (b) state “Never Event” statutes.

3. Billing and Reimbursement—(a) regulation of physician Medicare billing practices, including the Resource Based Relative Value Scale methodology, violation of terms of assignment, and billing in excess of the Medicare limiting charge; (b) regulation of hospital billing practices, including the DRG prospective payment system, and cost report and billing certifications; and (c) Medicare’s use of reimbursement rules to improve quality of care, including e-prescribing bonuses & refusal to pay for certain hospital readmissions.

4. Remedial and Prophylactic Statutes—(a) Medicare/Medicaid anti-kickback criminal law, including definition of “intent”, safe harbors and advisory opinions; (b) Ethics in Patient Referral Act (Stark II) prohibitions on self-referral; (c) civil and criminal liability for false claims; (d) Medicare/Medicaid Civil Monetary Penalties Law; and (e) exclusion from federal health programs.

The course will begin with a review of the 2010 Health Reform Act and its effect on healthcare providers and patients.

Remedies

Law 741, 08A

Credit: 3 Hours

Instructor(s): Prof. Partlett

Prerequisite: None

Grading Criteria: Exam

Description: Rights in tort, contract and constitutional law are enforced in court. Whether the remedies that enforce rights are part of the substantive right or supplementary to it, remedies are theoretical and practically essential in understanding, and being fully equipped to practice in, both private and public law. This course will cover legal and equitable remedies. Restitution and monetary damages (including the "rightful position" principle, consequential damages, and damages for dignitary and constitutional harms) form the core, while injunctions – preventive, reparative, and structural – supplement remedies with which students will be familiar from courses in torts, contracts, property, and constitutional law. Other topics will include declarative judgments, contempt, and attorneys' fees, which are necessary to understanding the power of the courts to deliver justice. Reference will be made to the scope of self-help and apology, and similar non-monetary relief.

Secured Transactions

Law 713, 10A Class Number:

Credit: 3 Hours

Instructor(s): Prof. Pardo

Prerequisite(s): None

Grading Criteria: Exam

Description: This course will examine the law relating to the creation, perfection, and enforcement of security interests in personal property. Reading and class discussion will center on Article 9 of the Uniform Commercial Code and will include an introduction to the intersection of Article 9 with the federal bankruptcy laws, the creation and status of non-UCC liens on personal property (by operation of law or by execution of a judgment, e.g.), and non-UCC enforcement mechanisms, such as foreclosure, repossession, and garnishment. Attention will also be paid to the business context within which Article 9 operates, ie, debt financing.

Securities: Brokers/Dealers

Law 673, 06A

Credit: 3 Hours

Instructor(s): Prof. Terry

Description: This course is intended to be a follow-up course to the Securities Regulation course, which covers registration of new securities issues, disclosure and anti-fraud issues, and the coverage of securities laws. This course approaches securities regulation of the standpoint of the intermediaries between the issuers and purchaser - broker-dealers and investment advisers. It is intended to provide an academic foundation of relevant law, as well as practical information also relevant to a law practice in the area.

Much of the course will focus on the regulatory scheme and activities of the Financial Industry Regulatory Authority (FINRA), a self-regulatory body which is the principal day-to-day regulator of the broker-dealer industry. FINRA is the entity with which most broker-dealers and their counsel will typically interact with regard to most regulatory matters.

In addition, the course will look at investment advisers, a rapidly growing piece of the securities industry. An investment adviser is regulated either by the SEC or by state regulators, depending upon its size. Investment advisers are subject to a completely separate regulatory regimen, although there are many examples of overlap with broker-dealer regulatory issues since many firms, or their affiliates, are dually registered.

The interplay between the two regulatory schemes has been the focus of much discussion and legislative and regulatory activity over the past fifteen years, including several parts of the Dodd-Frank Act.

Finally, the course will provide insight into practical considerations of regulatory interaction, in both routine settings as well as enforcement matters.

In addition to private practice, graduating students with an interest in securities might find opportunities with brokerage firms, regulators and public corporations. The combination of the Securities Regulation course and this course should provide graduating students a thorough overview of most of the issues they might see if they enter into a securities-related practice. 

Special Topics in Technology Commercialization

Law 892, 000

OPEN TO TI:GER STUDENTS ONLY. PROFESSOR PERMISSION REQUIRED.

Credit: 3 Hours

Instructor(s): Prof. Rector

Prerequisite: Intellectual Property

Grading Criteria: TBA

Description: This course will cover special topics in technology commercialization.

Sports & Marketing Law

Law 693, 10A

Credit: 3 Hours

Instructor(s): Prof. Linsky

Grading Criteria: in-class participation, small projects and a paper

Description: This course will provide a practical overview of the laws governing professional sports and advertising, examining issues relating to the various participants - the fans, the sponsors, the owners, the teams, the leagues, the players and the coaches. Advertising is included in this overview of the laws governing sports because marketing the teams is such an integral part of the operation of a professional sports team and knowledge of the various laws surrounding advertising and promotions would benefit anyone interested in this industry.

Twitter handle for students who register for the class or who are interested in sports law issues to follow: @MsSportsLaw.

Tax Controversies

Law 641, 04A

Credit: 2 Hours

Instructor(s): Prof. Loechel

Prerequisite(s): Fundamentals of Income Tax

Grading Criteria: Exam

Description: This course will focus on the resolution of federal tax controversies through both administrative procedures and litigation. Specifically, we will consider filing requirements, audit procedures, administrative appeals, deficiencies, assessments, including termination and jeopardy assessments, penalties, interest, and the statute of limitations. Additionally, we will take a practical approach to problems and considerations arising in the litigation of cases before the U.S. Tax Court, District Court, and the Court of Federal Claims, including jurisdictional, procedural, and evidentiary issues. We will examine choice of forum, pleadings, discovery, privileges, and tax trial practice. Finally, we will discuss summons enforcement litigation, civil collection, levy and distraint, and the tax lien and its priorities.

Technology in Legal Practice

Law 879K, 12A

Accelerated Class: February 23, 2015 – April 13, 2015

Credit: 1 Hour

Instructor(s): Prof. Glon

Prerequisite: None

Grading Criteria: Research Problems and Research Project

Enrollment: 20

Description: Technology in Legal Practice will focus on technology in the practice of law beyond traditional legal research. Areas of coverage will include knowledge management, competitive intelligence, e-discovery and the virtual law practice. Class discussions and readings will be augmented by guest speakers from the legal community. This will be a one credit, graded course meeting on an accelerated schedule for the second seven weeks of the semester. Because student participation is essential for the learning experience in this course, attendance at each class session is mandatory. Failure to attend will affect the course grade.

Trial Techniques

Credit: 2 Hours

COURSE #: 671

This course is required for all 2L Students

Description: The Kessler-Eidson Trial Techniques Program is a required course that introduces students to the evidence issues, ethical dilemmas, and presentation skills essential in the trial of a case. The course has two parts. Part I is designed to integrate the required Evidence class with trial skills. This Spring semester we will look to bring about this integration of evidence and trial techniques by scheduling workshops on the following dates:

January 9, 2015, from 1:00-4:00 p.m. (Tull Auditorium, Lecture Demonstration) We will conduct a workshop on Case Analysis and Relevance. Your assignment is to have read the first of two assigned simulated jury cases file thoroughly, and the assigned chapters from the Prof. Zwier’s Trial Advocacy: Normative Approach, Lecture Notes & Readings in advance of the workshop.

On January 23, 2015, the topic will be Direct and Cross, Hearsay and Character Evidence; 1:00- 4:00 p.m. (1:00 -2:00 p.m. Lecture Demonstration, 2:00 - 4:00 p.m. learning-by-doing workshop). (A video lecture will be assigned for viewing prior to the workshop). We will conduct a workshop on Direct and Cross examinations, in which student will examine an assigned witness(s) from a simulated case file. You will be assigned to represent either the plaintiff or defendant and accordingly will be required to prepare either a direct or a cross examination of the assigned witness (es).

On January 30, 2015, the topic and workshop will be on Persuasive and Evidentiary Foundations for Exhibits; 1:00 – 4:00 p.m. (1:00 - 2:00 p.m. Lecture Demonstration, 2:00 - 4:00 p.m. learning-by-doing workshop). (A video lecture will be assigned for viewing prior to the workshop). We will conduct a drill on Exhibit Foundations, using specially prepared exhibit problems from the simulated case file. You will be assigned to represent either the plaintiff or defendant and accordingly will be required to prepare relevant exhibit exercises.

On February 6, 2015, the topic will be Jury Selection, 1:00 – 4:00 p.m. (1:00 - 2:00 p.m. Lecture Demonstration, 2:00 - 4:00 p.m. learning-by-doing workshop). (A video lecture will be assigned for viewing prior to the workshop). You will engage in a jury selection exercise for the simulated case file. Again, you will be assigned to conduct voir dire for your client as plaintiff's or defendant's counsel. You will also be assigned to play the role of a prospective juror for purposes of the workshop.

On February 13, 2015, the topic will be Technology in the Courtroom, from 1:00 - 4:00 p.m. (1:00 - 2:00 p.m. Lecture Demonstration, 2:00 - 4:00 p.m. learning-by-doing workshop). (A video lecture will be assigned for viewing prior to the workshop). You will be asked to utilize the evidence camera and computer display technology using specially prepared exhibits from the simulated case file. You will present on the strengths and weakness from your perspective as plaintiff's or defense counsel, as well as outline and explain your legal strategy, to your client or supervising attorney.

These spring workshops will be conducted by some of Atlanta's finest trial lawyers and evidence teachers. As a result of our bringing them in, you will get an opportunity to work closely with these lawyers (in groups as small as 6-8 students) and not only get their insights about the marriage of practice and theory, but also have a chance to demonstrate your oral advocacy skills to them.

Please note: Two provisions significantly impact the application of these taxes. One is “portability” of a decedent’s estate tax exclusion, and the other is the exclusion itself — which is $5.34 million per taxpayer in 2014 ($10.68 million per married couple) and slated to rise to $5.43 million in 2015 (also double that amount for a married couple). These changes limit application of the wealth transfer taxes to a small segment of the decedent population. As a result, you should enroll only if you intend to become an estate planner for such high net worth clients.

In addition, we have been able to partner with downtown Atlanta law firms and law offices to provide you the opportunity to learn on location at their offices. As a result, when you register you will be able to sign up in groups of 24 at either:

  • Alston & Bird Federal Public Defender's Office Jones Day
  • Kilpatrick Townsend King & Spalding McKenna Long & Aldridge Sutherland Asbill & Brennan Troutman Sanders US Attorney's Office
  • DeKalb County Public Defender's Office
  • Harrison & Ford

You will meet at these offices for the workshops scheduled on January 9, 23, & 30, and February 6, 13, & 20. (The January 9th -- opening lecture/demonstration will be held at the law school in Tull Auditorium). For those of you who wish to work with general practitioners from small to medium sized firms and/or with state and federal court judges, you should sign up for the General Practitioner section. This group will be limited to 26 students and will meet in breakout groups of 13 or workshop exercises at the law school.

This year the May program session will run from May 2, 2015 through May 8, 2015, the days between the last examinations make up day and graduation. The May session presents an intensive week of day long learn-by-doing workshops that build upon the earlier spring semester workshops. The May session will be facilitated by 60 trial attorneys and judges from across the country supplemented by 20 local trial attorneys and judges. On May 6th, students will conduct bench trials on the case file assigned to them over the spring semester. The program will culminate on May 9th with students conducting jury trials.

*Because the program starts right after final exams, do not schedule a take-home exam if it will interfere with the start of the program.

To alleviate any conflicts that may arise, the ABA allows you to miss 2 classes (4 hours) in any two-hour course, unexcused. As a result you will be allowed to miss either one Friday afternoon workshop, or one half day of the intensive May session. You must submit a written notice (an email will suffice) for any anticipated absence to your team leader and the KEPTT Administrative Director. You will not be allowed to miss either of the trial days, as you must serve on those days either as trial counsel, or as a witness. All requests for an excused absence must be personally delivered in writing to the KEPTT Administrative Director.

There is a $145 mandatory course materials fee. You will receive two case files, both in electronic and hard copy form, an electronic copy of Prof. Zwier’s Trial Advocacy: Normative Approach, Lecture Notes & Readings, and a digital video chip. Hard copies of the course materials file will be distributed in advance of the first class meeting at copy center. An electronic copy of the course materials will also be made available on the course Blackboard site.

Wealth Transfer Tax

Law 926, 10A

Credit: 4 Hours

Instructor: Prof. Pennell

Prerequisite: None

Grading Criteria: Three Take-Home Exams

Description: An introduction to the federal estate, gift, and generation-skipping transfer taxes, with some consideration of their impact on estate-planning techniques, especially inter-spousal and inter-generational transfers made outright or by will or trust.

Seminar: Advanced Negotiation Skills & International Peace Making: Focus on Legitimacy

Law 842, 02A

Credit: 3 Hours

Instructor(s): Prof. Zwier & Prof. Crick

Grading Criteria: Paper

Prerequisites: Negotiations or ADR (pre or co requisite).

Enrollment: 16

Description: After a review of strategies and styles in the two party disputes, this seminar will look at complex multiparty international negotiations, including but not limited to: Border Dispute between Bolivia, Chile and Peru: Selected issue in Middle East Peace-- the “Right of Return”, compensation if right of return cannot be exercised, and “Water Rights” ; Sudan – CPA and Darfur; the Dayton Peace Accords. As basic understandings of dispute and conflict resolution techniques will have been covered in the prerequisite courses, we will use as our text Zwier, PRINCIPLED NEGOTIATION AND MEDIATION ON THE INTERNATIONAL ARENA: TALKING WITH EVIL. (Cambridge University Press, 2013). We will also consider an number of interdisciplinary readings including readings from Deutsch and Coleman’s Handbook of Conflict Resolution, Theory and Practice, Roger Fisher’s Coping with International Conflict, Mnookin’s Beyond Winning and Kremenyuk’s International Negotiations, which deal with research on the wide array of potential approaches to conflict resolution. (See syllabus.) The student’s paper will be based either on 1) an in depth analysis of one of the class simulations, with a focus on the legitimacy (international law support) of any proposed solution, or 2)on the history, law, methods, practice and theory of an international dispute chosen in consultation with the professor.

Seminar: Animal Law

Law 837, 02A

Credit: 3 Hours

Instructor(s): Prof. Satz

Grading Criteria: Paper

Prerequisites: None

Enrollment: 16

Description: Animal law is a burgeoning field. Over 135 law schools in North America offer courses in animal law, six specialty journals are devoted to the topic, and at least one poll indicates a career in the area is in the top seven of all desired careers. Whether it is our clothing, food, household products, companions, or back yard, our daily lives are touched by animals. Nonhuman animals are considered property under law, and a sprawling body of federal and state civil and criminal law regulates human use of them.

This seminar will explore our legal and ethical obligations to nonhuman animals, focusing on domestic animals. Selected topics may include: conceptions of animals, standing, exotic pets and public health, animals and housing, companion animal abuse, breed discrimination, working animals, factory farming, zoos, animal fighting, animal racing, animals used in T.V. and film, hunting, animal experimentation, animals and religious freedom, veterinary malpractice, and animal trusts and custody.

Seminar: Comparative Bill of Rights

Law 827, 12A

Credit: 3 Hours

Instructor(s): Prof. Van der Vyver

Grading Criteria: Paper

Prerequisite: None

Enrollment: 16

Description: The United States of America was the first country in the world to subject the powers of administration and legislation in the structures of government to an elaborate Bill of Rights. The French Declaration of the Rights of Man and of the Citizen of 1789, enacted in the same period of time, perhaps shared the honor of innovating a constitutional system of human rights protection, but as far as the range of justiciability of constitutional constraints applying to the executive and legislative branches of government are concerned, did not even come close to the American initiative.

In the first half of the twentieth century, a relatively small number of countries followed the American example of adding to their respective constitutions enforceable bills of rights. Those countries included Mexico (1917), the Soviet Union (1924), Ireland (1936), India (1947) and the Federal Republic of Germany (1949). In the second half of the twentieth century, constitutional bills of rights were added to the constitutions of almost all the countries of the world. Notable exceptions in this regard are the United Kingdom and Australia. A bill of rights was included in the Constitution of Swaziland when it became independent in 1968, but that bill of rights was suspended before it even entered into force and was eventually repealed by King Sobhuza II in April of 1973.

The seminar will consider constitution-making, comparing the American experience where the substance of human rights protection evolved “from the bottom up” with the introduction of human rights protection in new democracies “from the top down.” Special attention will be focused, comparatively, on the constitutional protection of group interests in the United States and in countries such as Nigeria, South Africa and Bulgaria; the basic norm of the American system of rights protection and that of countries such as Germany, Canada and South Africa; the principle of constitutionality as perceived in the United States and in countries such as Germany, Ethiopia, Namibia, and South Africa; application criteria applied in the United States and in countries such as France, the Netherlands, Canada, and New Zealand; the protection of economic and social rights as general principles of state policy (Ireland, India, Namibia) and as enforceable rights (Mexico, Germany, South Africa). Norms of constitutional interpretation in the United States and in South Africa, and requirements for constitutional amendment in the United States, India, Germany, Zimbabwe and Namibia, are among the other themes that will be discussed.

Students are required to submit a paper of not less than 30 pages, footnotes and a bibliography excluded, focused on a comparative analysis, with reference the legal systems of different countries, of an approved bill-of rights issue.

Seminar: Disability Law

Law 801, 02A

Credit: 3 Hours

Instructor(s): Prof. Satz

Prerequisite: None

Enrollment: 16

Description: Disability affects over 50 million Americans. Everyone is vulnerable to disability, and most individuals will experience periods of disability in their lifetimes, in particular in later life. Disability law intersects with many areas of law, including the law of employment, health, benefits, insurance, administrative agencies, tort, and the federal constitution, and it involves a unique blend of statutory analysis, common law, and administrative law. Moreover, disability law is of international significance. Forty-six countries have adopted the Americans with Disabilities Act (ADA) as a model, and, in 2006, the Convention on the Rights of Persons with Disabilities and its Optional Protocol were adopted by the United Nations General Assembly.

This class will explore the legal and social response of the state, private firms, and individuals to disability. The seminar will provide a comprehensive examination of federal disability law in addition to exposure to readings from other disciplines and narratives of individuals living with disabilities. Materials will be organized around selected topics, divided into three parts. The first part of the seminar will discuss the question of what constitutes disability as well as state, private firm, and individual responses to disability. The second part of the seminar will address unemployment, isolation, and other barriers to civic and social participation that endure despite the ADA and its recent amendments. Lastly, the third part of the seminar will discuss contentious social practices that may directly or indirectly impact the legal rights of individuals with disabilities, including beginning and end of life decision-making as well as the use of animals for accommodating disability.

Seminar: From Partners to Parents: Selected Issues in Family Law

Law 823, 02A

Credit: 3 Hours

Instructor(s): Prof. Fineman

Prerequisite: None

Grading Criteria: Paper

Enrollment: 16

Description: This seminar will explore the trends in family law governing marriage and parenthood over the past several decades. During the latter part of the 20th century substantial changes in behavior have occurred, reflecting attitudinal shifts about women’s equality, sex and sexuality, and the importance and permanence of the marriage bond. Often identified as battlegrounds in the “cultural wars,” these are areas where the law has scrambled to adjust to evolving expectations and emerging notions of equity and equality. We will look at “traditional” marriage, challenges from those excluded from marriage, the “breakdown” of marriage, and alternatives to formal marriage, such as contract and non-marital cohabitation. Laws governing the parent-child relationship have also changed in response to or as part of the disruption of the traditional family model. The very idea of absolute parental rights has been questioned as the child has partially emerged from the cloak of family privacy and is seen as an independent rights holder in some circumstances. The seminar will also consider how new technologies and altered attitudes about assisted reproduction have presented unique challenges for the law in regard to who is or how one becomes a parent.

Seminar: Law and Literature

Law 804, 02A

Credit: 3 Hours

Instructor(s): Prof. Martha Grace Duncan

Prerequisite: None

Grading Criteria: Paper

Enrollment: 16

Description: This seminar will examine the portrayal of law, crime, and punishment in novels and plays. Among other works, the class will read and discuss Agamenmnon, The Crucible, Chronicle of a Death foretold, Antigone, The Scarlet Letter, and possibly Crime and Punishment. We will study these and other classics for the illumination they cast on such issues as the duty to obey, the mind of the outlaw, the female criminal, and the tension between natural and positive law.

Seminar: Law and Vulnerability

Law 833, 02A

Credit: 3 Hours

Instructor(s): Prof. Fineman

Grading Criteria: Paper

Prerequisites: Paper

Enrollment: 16

Description: This seminar explores the relationship between law and vulnerability from both a theoretical and a practical perspective. The course is anchored in the understanding that fundamental to our shared humanity is our shared vulnerability, which is universal and constant and inherent in the human condition. It will offer students an opportunity to engage with multiple perspectives on vulnerability, with an emphasis on law, justice, state policy and legislative ethics. While vulnerability can never be eliminated, society through its institutions confers certain "assets" or resources, such as wealth, health, education, family relationships, and marketable skills on individuals and groups. These assets give individuals "resilience" in the face of their vulnerability. This seminar will explore how as society now is structured, however, certain individuals and groups operate from positions of entrenched advantage or privilege, while others are disadvantaged in ways that seem to be invisible as we engage in law and policy discussions.

Seminar: Markets for Law

Law 824, 02A

Credit: 3 Hours

Instructor(s): Prof. Ahdieh

Prerequisite: None

Grading Criteria: Paper

Enrollment: 16

Description: This seminar – which may be of particular appeal to students interested corporate and securities law, environmental law, health law, family law, and other areas characterized by a mix of federal and state law – will explore the unusual dynamic that emerges when multiple jurisdictions compete to produce legal rules. By contrast with our conventional notions of how law is created, the development of law in these settings takes place through a “market” of sorts. As one writer has described it, law is a “product” in these settings: a good to be priced, bought, and sold. Corporate law – given the centrality of jurisdictional competition to understanding and practicing it today – will serve as our case study. Through relevant readings and your papers’ analysis of jurisdictional competition in your own areas of interest, however – from environmental law to family law, health law to banking law, and criminal law to corporate/securities law – we will seek to understand the nature and the wisdom of markets for law more generally.

Seminar: Money in Politics

Law 805, 02A

Credit: 3 Hours

Instructor: Prof. Kang

Prerequisite: None

Grading Criteria: Paper

Enrollment: 16

Description: The plan for the course is to explore normative concerns about the influence of money in American government and democratic politics. We will track these concerns across a number of domains, including campaign finance law, lobbying regulation, bribery, pay to play rules, and judicial elections, and explore critical responses and policy alternatives. We will draw on legal and political science scholarship, as well as currently pending court cases and contemporary accounts of money in politics. The course will

incorporate outside speakers from academia or legal practice, as feasible, as well. Grading will be based on class participation and course papers. Election Law is not a prerequisite.