Course Descriptions

Course content is subject to change. 

Seminars

All seminar offerings are located at the end of the alphabetized course descriptions for each semester. 

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 »

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.

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.

535A. Legal Analysis, Research, and Communications (ILARC)

Law 535A
Credits: 2 hours.
Instructors:  Carroll, Kirk, Mathews, Parrish, Romig, Schwartz
Prerequisite:  None
Grading: Class assignments
Description:  This course introduces students to the foundational legal analytical, research, and writing skills necessary to generate effective and well-reasoned predictive legal analysis.

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).

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 being offered in Spring 2018, please note this list is subject to change.

Updated as of 10/16/2017

Access to Justice Workshop: Getting Into the Courtroom

Class Number: 3787; Catalog Number- LAW 679, 02A

Credit: 2 Hours

Instructor: Prof. Costa, Jason 

Prerequisites: None

Enrollment: Limited to 10 Students ONLY.

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 under-served populations access justice within the framework of the traditional criminal justice system, and the increasing role of accountability courts for defendants suffering from 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 real criminal case proceedings. Second, students will receive real recent criminal case warrants and police reports and will conduct interviews and participate in mock classroom hearings on these cases. Lastly, where possible, students will interact with actual clients in real court proceedings (jail interviews, bond hearings, etc.). 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 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.

Please note: any students who have previously or are currently interning or doing a field placement with the State Court Division of the Law Office of the DeKalb County Public Defender will be ineligible for this course.  Additionally, this course cannot be taken concurrently with an internship or field placement in the DeKalb County Solicitors or District Attorney’s Office as it would cause a professional conflict.

*Last Updated Spring 2017.

Administrative Law

Class Number: 5269; Catalog Number- LAW 701

Credit: 3 Hours

Instructor(s): Prof. Arthur, Thomas

Prerequisite: Legislation & Regulation

Grading Criteria: Scheduled 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 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.

*Last Updated Spring 2018
Advanced Criminal Trial Advocacy: Criminal Litigation 

Class Number: 3788; Catalog Number- LAW 852, 12A

Credit: 3 Hours

Instructor(s): Prof. Rubin, Robert & Prof. Brickman, Jeff

Prerequisites: Evidence & Trial Techniques

Grading Criteria: Participation; Motion/Brief; and Mock Trial. 

Description: The course is designed to teach trial techniques, criminal procedure, and ethics. Most of the classes will involve the students conducting various types of hearings and arguments. 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 witness testimony, draft pretrial motions, and finally conduct a full jury trial. The course will also build on the skills learned in Trial Techniques and develop students' facility 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 feedback from experienced lawyers. Further, several classes will involve discussions with guest speakers on ethics, investigation, and forensics.

Students will be graded on their performance in class during the semester, on a written brief, and on their performance in the mock trial at the end of the semester. Grades will be based on how well the students conduct the hearings and trials, i.e., formulation of examination questions, understanding of the theory of examination, ability to frame legal arguments and make objections, and presentation. Students will also be required to draft a motion and brief and will be graded on the quality of the legal writing.

*Last Updated Spring 2018

Advanced Legal Research

Class Number: 3690; Catalog Number- LAW 657, 12A

Class Number: 5358; Class Number- LAW 657E, GRAD This is an online course and is only open to JM students.

Accelerated Class: 1st seven weeks of semester (January 2018 – February 2018)

Credit: 1 Hour

Instructor(s): Prof. Christian, Elizabeth & Prof. Ahdieh, Robert (GRAD only)

Prerequisite: None

Grading Criteria: Research Problems and Research Project

Enrollment: Limited to 20 students! (On-Campus Section)

DescriptionAn 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.

Online Description: TBA

*Last Updated Spring 2017

Advanced Pretrial Litigation

Class Number: 3705; Catalog Number- LAW 755A, 06A

Credit: 3 Hours

Instructor(s): Prof. Elmore, Marvin & Prof. Goheen, Barry

Prerequisite: Federal Courts; Civil Procedure

Grading Criteria: Ask Professors

Description: Advanced Pre-Trial Litigation is for students who have taken Civil Procedure, and Federal Courts, and are ready for an advanced strategy practicum that prepares them for the complexities of modern litigation practice. 

The Legal Strategy part of the course teaches students to consider the theoretical aspects of strategy and methods for working through a strategy problem, and then apply those theories and methods to practical problems.  The problems involve a small business that encounters a series of situations requiring advice with respect to strategy. 

In the second part of the course, the students will learn about negotiation theory and strategy and apply these techniques to the negotiation of an e-discovery dispute.  Discovery of electronic materials, usually in digital format, creates some especially difficult, time-sensitive responsibilities for lawyers.  Practicing successful methods for dealing with these responsibilities in a learning-by-doing setting provides an opportunity to adapt these methods to the individual lawyer’s own situation and style.

This is “entry-level” subject matter in the sense that it does not purport to cover all the specialized aspects of e-discovery, particularly those faced by very large companies or by companies with unusual records retention practices.  The purpose of this part of the course is to provide lawyers with a general methodology that will, in most cases, prevent sanctions against the client and the lawyer, while being responsive under the rules to e-discovery requests and minimizing unnecessary business interruption.  However, no general method can protect against every mistake or every type of intentional wrongdoing.  And no general method can minimize business interruptions in every situation. 

This course is structured around the requirements of the Federal Rules of Civil Procedure and the Federal Rules of Evidence.  States may have more or less restrictive requirements, but the federal rules provide a useful general benchmark, and many state jurisdictions follow them.  

E-discovery problems arise in two distinct phases:

  • Preservation, production, and use of e-discovery; and
  • Prosecuting or defending against challenges to the sufficiency of e-discovery.

These are quite different areas and require different skills.  For this reason, we have developed two separate sections on e-discovery.  The first part focuses on preservation, production, and use of e-discovery and seeks to develop the skills for interviewing, negotiating, and organizing your electronic discovery.  A second part focuses on challenges to the sufficiency of e-discovery and seeks to develop the skills for preparing, arguing, and defending against typical motions for protective orders, motions to compel and motions for sanctions. 

The e-discovery problems also develop skills in counseling clients, negotiating with opposing lawyers and dealing successfully with vendors.  These skills are directed at the first-in-time problems of e-discovery – getting it right at the start and preventing disputes or adverse decisions.  The course adapts established learning-by-doing teaching materials on interviewing and counseling, and on negotiation, for the special e-discovery setting.  The case law applies primarily to the second area of e-discovery:  prosecuting and defending against challenges to the sufficiency of e-discovery.

Finally, in part three of the course, we will deal with the strategy and law of class action lawsuits.  This part of the course will teach you how to make the decision whether to file a class action lawsuit or go it alone.  It will also examine how to think about your defense options: whether to agree to a class action for settlement purposes, fight class certification, or negotiate some variation between these two extremes,(including an overview of multidistrict litigation options).  This part of the course will also refine your understanding the law and procedure (including appellate review) related to class certifications.

*Last Updated Spring 2016
Alternative Dispute Resolution

Class Number: 3691; Catalog Number- LAW 605, 04A (Allgood) 

Class Number: 3748; Catalog Number- LAW 605, 02A (Armstrong)

Class Number: 3797; Catalog Number- LAW 605, GRAD (Allgood) 

COURSES ARE NOT OPEN TO STUDENTS WHO HAVE TAKEN BUSINESS SCHOOL OR LAW SCHOOL NEGOTIATIONS. 

Credit: 3 Hours

Instructor(s): Prof. Allgood, John & Prof. Armstrong, Phillip

Prerequisite: None

Grading Criteria:

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

Enrollment: 14

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 the study of and training in the skill sets used in each of the ADR processes by advocates as well as neutrals.

*Last Updated Spring 2017

Advanced Legal Writing: Blogging and Social Media

Class Number: 3789; Catalog Number- LAW 851, 10A

Credit: 3 Hours

Instructor(s): Prof. Romig, Jennifer & Prof. Chapman, Ben

Prerequisite: LAW 535A (Introduction to Legal Analysis, Research, and Communications) and LAW 535B (Introduction to Legal Advocacy) or the equivalent 1L legal writing course for transfer JDs

Grading Criteria: Students will be graded on a combination of short assignments and quizzes, collaborative presentations with assigned groups, and their individual final blog designed around a topic they develop throughout the course.  Because up to 30 percent of the grade may be based on collaborative work graded collectively for each group, this course is subject to a recommended but not mandatory mean.

Description: Many lawyers write for the public in client alerts and blogs, as well as shorter social media posts. This class introduces the theory, skills, and tools needed for legal blogging. Guest speakers will address specialized topics such as legal ethics and the use of images in social media. For their work in the course, students will write a series of blog posts about a topic they choose and discuss with the professors. The final project and the majority of each student’s grade is a final capstone blog consisting of a design theme, posts totaling approximately 4000 words, images to complement the text, and other blogging features. Students also present on various blogging topics in assigned groups. Prior technical knowledge of blogging software is not required – students will learn to use WordPress, a leading blogging platform.

*Last Updated Fall 2016

American Legal History: Citizenship & Race Workshop 

Class Number: 3843; Catalog Number- LAW 655A

Credit: 3 Hours

Instructor(s): Prof. Cleaver, Kathleen

Prerequisite: None

Grading Criteria: Participation; In-class oral presentation; Memo; & a Research paper. 

Description: This course examines the evolution of U.S. citizenship as interpreted by courts and statutes during the 19th and 20th centuries, with particular attention given to the impact of historical events that constructed the way race was conceived of within the United States.

During the workshop we will study and discuss the Civil War amendments to the U.S. Constitution, 19th century civil rights legislation, restrictions imposed on Asian immigration, the citizenship of native peoples, the incorporation of Mexican territory and the citizenship of Mexicans, issues of equal protection, and the modern civil rights legislation of 1957 and 1964.

This course will also consist of a four-session film component, which will be arranged based on the convenience of the students enrolled.

*Last Updated Spring 2018

American Legal Writing, Analysis & Research ("ALWAR")

Class Number: 3774; Catalog Number- LAW 560, LLM1

NOTE: OPEN ONLY FOR FOREIGN-EDUCATED LLM STUDENTS

Credit: 2 hours

Instructor(s): Prof. Daspit, Nancy

Prerequisite: None

Grading Criteria: Paper

DescriptionThis course introduces students to the concepts of legal analysis and the techniques and strategies for legal research, as well as the requirements and analytical structures for legal writing in the American common law legal system.

*Last Updated Spring 2018

American Legal Writing, Analysis & Research II

Class Number: 3818; Catalog Number- LAW 560B, GRAD

NOTE: This class is open only to foreign-educated LLMs only

Credit: 1 hour

Instructor(s): Prof. Daspit, Nancy 

Prerequisite: None

Grading Criteria: Paper

Description: This course continues the study of legal analysis, research, and writing for practice in the American common law system. The topics covered include client letters, pleadings, and persuasive writing, along with enhanced instruction covering legal citation and advanced legal research sources and techniques.

*Last Updated Spring 2018

Analytical Methods of Lawyers

Class Number: 3785; Catalog Number- LAW 734, 10A

Credit: 3 Hours

Instructor(s): Prof. Shepherd, Joanna

Prerequisite: None

Grading Criteria: Participation & Scheduled Final Exam

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.

*Last Updated Spring 2018

Antitrust Law

Class Number: 3783; Catalog Number- LAW 702, 10A

Credit: 3 Hours

Instructor(s): Prof. Arthur, Thomas

Prerequisite: None

Grading Criteria: Scheduled Final 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.

*Last Updated Spring 2018

Analysis, Research, and Communication ("ARC")

Note: LAW 590E is an online course and is only open to JM students.

Class Number: 3817; Catalog Number- LAW 590, GRAD (JM & LLMs w/approval) 

Class Number: 5303 & 5365; Catalog Number- LAW 590E (Low Res JM Students Only)

Credit: 2 hours 

Instructor(s): Prof. Daspit Nancy (590 & 590E) & Prof. Glon, Christina (590)

Prerequisite: None

Grading CriteriaRegular Assignments & Final Project

DescriptionThis course will provide an introduction to legal analysis, research and effective legal writing. Students will be introduced to the fundamentals of legal analysis and the structure of legal information. Students will learn how to navigate multiple legal resources to discover legal authority appropriate for different types of legal analysis and communications. Students will learn the concepts of effective legal analysis and will develop the skills necessary to produce objective legal analyses.

*Last Updated Spring 2018

Banking Law

Class Number: 3845; Catalog Number- LAW 604 

Credit: 3 hours

Instructor(s): Prof. Elliott, Jim

Prerequisite: None

Grading Criteria: Scheduled Final Exam

DescriptionThis 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.

*Last updated Fall 2015

Barton Appeal for Youth Clinic

Class Number: 3756; Catalog Number- 635D

Credit: 3 hours

Instructor(s): Prof. Reba, Stephen

Prerequisite: None

Grading Criteria: None (based on individual student)

Description: Students in the Appeal for Youth Clinic provide a holistic appellate representation of youthful offenders in the juvenile and criminal justice systems. By increasing the number of appeals from adjudications of delinquency, we hope to end the unwritten policies and practices that result in youths being committed to juvenile detention facilities. Similarly, by providing post-conviction representation to youths who were tried and convicted as adults, we hope to decrease the number of youthful offenders who languish in Georgia's prisons.

*Last Updated Spring 2016

Barton Legislative Advocacy Clinic

Class Number: 3693; Catalog Number- LAW 635C

Credit: 3 hours

Instructor(s): Prof. Carter, Melissa 

PrerequisiteStudents must have taken or be concurrently enrolled in the two-credit class: Child Welfare Law & Policy. This requirement may be waived for students with demonstrable prior experience in child advocacy, including the Emory Summer Child Advocacy Program.

Grading Criteria: Assessment of individual student performance and overall contribution to the clinic; Assigned projects; and Project teams based on a set of established criteria

Description: The Barton Clinic is an in-house policy clinic dedicated to providing research, training, and support to the public, the child advocacy community, leadership of state child-serving agencies, and elected officials in Georgia. Students in the clinic hone their advocacy skills by interacting with legislators and elected officials around current statutory and system reforms spearheaded by Barton and its community partners. They attend legislative sessions, create advocacy resources, and provide legislative testimony in support of initiatives. They live the life of a lobbyist, experiencing first-hand the realities of relationship-building and compromise that are hallmarks of the legislative process. Students also provide technical assistance to legislators and other stakeholders in assessing the merits and legality of various proposals.  Approximately 9 law and other graduate students are selected each semester to participate in the clinic.

Applications are accepted prior to pre-registration (watch for notices of the application deadline). Students must submit a resume, a statement of interest, an unofficial transcript, and a writing sample.

Detailed course information is on the Clinic website:  http://law.emory.edu/academics/clinics/barton-public-policy-and-legislative-advocacy-clinic.html

*Last Updated Spring 2018

Business and Strategic Lawyering

Class Number: 3769; Catalog Number- LAW 630, 04A

Credit: 2 Hours

Instructor(s): Prof. Aronson, Morton

Prerequisite: None

Grading Criteria: Scheduled Final Exam

Enrollment: Limited to 25 students!

Description: This course focuses on client development and retention. 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.

*Last Updated Spring 2016

Business Associations
  • Class Number: 3762; Catalog Number- LAW 500X, 001 (Kang)
  • Class Number: 3865; Catalog Number- LAW 500X, 002 (Shepherd) 

Credit: 3 hours

Instructor(s): Prof. Kang, Michael & Prof. Shepherd, George

Prerequisite: None

Grading Criteria: Scheduled Final Exam

DescriptionThis course surveys formation, organization, financing, management, and dissolution of sole proprietorships, partnerships, corporations, limited partnerships, and limited liability companies. The course includes 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).

*Last Updated Spring 2018

Business Immigration Law

Class Number: 5271; Catalog Number- LAW 876, 00B

Credit: 2 Hours

Instructor(s): Prof. Kuck, Charles

Prerequisite: None

Grading Criteria: Scheduled Final Exam

Description: Immigration law is one of the most divisive and complex areas in American law and a source of major policy debate. This course will introduce students to substantive legal concepts and procedures underlying the practice of immigration law in the United States, with emphasis on employment and investment based immigration. The course aims to provide an understanding of immigration statutes, regulations, and processes; analyzing administrative and judicial decisions and agency practices, as well as to placing our current immigration laws and system in their historical, social, and political contexts. A critical component of the course is the practical application of the immigration laws, concepts and procedures learned. The course includes review of admission issues, employment-eligibility verification compliance, employer sanctions, nonimmigrant and immigrant visa classifications and procedures (e.g., B, F, E, J, L, TN, H, O and P Visas, Labor Certification, I-140 Petitions, EB-5 Adjustment of Status, Consular Processing), advanced immigration concepts (e.g., H-1B Portability, Green Card Portability, Visa Retrogression), and practical solutions and strategies for handling immigration-related issues in the workplace.

*Last Updated Spring 2016
Canon Law

Class Number: 5292; Catalog Number- LAW 623, 00F

Credit: 2 Hours

Instructor(s): Prof. Domingo, Rafael

Prerequisite: None

Grading Criteria: Participation & Take-Home Final Exam 

Description: Canon Law, the law of the Roman 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, the 1990 Code of Canons of the Eastern Churches, 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; 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.

*Last Updated Spring 2018

Capital Defender Practicum

Class Number: 3292; Catalog Number- Law 658, 03A

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

Credit: 3 Hours (pass/fail)

Instructor(s): Prof. Moore, Josh

Prerequisite: None

Grading Criteria: Participation

DescriptionThis 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 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 are 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.

*Last Updated Fall 2017

Catalyzing Social Impacts *Cross-listed with BUS 336/BUS 535

Class Number: 3827; Catalog Number- LAW 880B, GBS

Credit: 3 Hours

Instructor(s): Prof. Roberts, Peter; Prof. Martin, Randy; Prof. Segall, Lynne (Goizueta Business School); and Prof. Shalf, Sarah; Prof. Woodward, Jeff; & Prof. Norman, Justin (Emory Law School)

Prerequisite: None

Selection: https://emorylaw.wufoo.com/forms/preselection-for-catalyzing-social-impact/

Enrollment: Open to 2Ls, 3Ls and LLMs by application/permission only; Limited to 8 Students!

Grading Criteria: Class Participation; Team meetings; & Team Project

Description: This course is a team-project-based course. Students will be presented with a research question by a live client (nonprofit or socially conscious for-profit) regarding the feasibility of a concept to create, modify or expand their organization's work in some way. Past projects include: developing a method of deploying an interactive diabetes prevention education program in Atlanta high schools; developing the requirements and qualifications for a subsidized health benefits/education program for local organic farmers who are primarily within the Medicaid gap; locating feasible sites in Atlanta for a sustainable composting business; and determining the best method of exporting a public defender training organization's methods into other public defender systems. 

Students from the law school, school of business (MBA) and Masters of Development Practice programs will work together to develop a statement of work, will collaboratively do legal and nonlegal (i.e., market, subject-matter, demographic, etc.) research, discuss and strategize that research with the team and client, and develop one or more feasible approaches to the issue presented. The projects will proceed in stages, with a different student leading each stage, and a presentation to the class and clients at the end of each stage. Grades will be based on the assessment of the final group product as well as peer assessment of each team member's contribution. 

Enrollment will be between 6 and 8 students, depending on project availability and MBA enrollment. The first 6 students who are selected will be enrolled between the first and second phases of preregistration. Additional students may be waitlisted briefly pending confirmation of projects and total enrollment, with enrollment to be finalized in early-mid November. 

There will be a mandatory business school boot camp the weekend of Jan. 6-9 that you must attend if you enroll in the course. We may have additional meetings between November and mid-January, either with the other students or just with the law students, to plan for and get students prepared for participation in the course. 

*Last Updated Spring 2018

Child Welfare Law and Policy

Class Number: 3741; Catalog Number- LAW 635, 02A

Credit: 2 Hours

Instructor(s): Prof. Carter, Melissa. 

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

Grading Criteria: Attendance; Participation; & Written 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 welfare system and the primary federal legislation that impacts how states fund and deliver child welfare services.  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, and a range of analytical writing assignments, students will develop a fuller understanding of this specialized area of the law and the companion skills necessary to be an effective advocate.

*Last Updated Spring 2018

Civil Trial Practice: Family Law 

Class Number: 3744; Catalog Number- LAW 958, 06A

Credit: 3 Hours

Instructor(s): Prof. Wellon, Robert; Prof. Kessler, Randall; & Prof. Durrence, Amy

Prerequisite: Evidence & Trial Techniques

Grading Criteria: Course Work; Pretrial Conference; & Trial 

Description: Designed to build on the litigation skills introduced in last year’s Trial Techniques Program, this course will enhance students’ trial proficiency by emphasizing lecture, demonstrations, as well as regular classroom participation through the NITA-inspired learn-by-doing approach. Students will receive guidance from a highly experienced panel of instructors comprised of well-respected judges and trial lawyers. Courtroom technology and visual aids will also be presented by providers of litigation support. The case file is built around a divorce trial, with issues of custody, alimony and support, the division of property, and an interesting twist on adultery and its impact. There are no family law pre-requisites for this course, as the primary focus will be developing and refining trial skills which will translate into any litigation. Some emphasis will be placed on the substantive law of domestic relations to establish the issues to be tried, but the real goal of the course is to further enhance the development of true trial lawyers. Other components of the course will feature jury selection by a nationally known jury consultant and pretrial conferences in anticipation of preparing for trial. Throughout the course, knowledge of evidence and its proper application will be emphasized, along with effective and practical techniques of delivery and examination. At the conclusion of the semester, a full trial will be conducted by student trial teams to a live jury in a real courtroom setting at the DeKalb County Courthouse with actual trial judges presiding. This is an essential course for students interested in honing and further enhancing their abilities in a courtroom, and for others simply interested in expanding their knowledge and skills in the burgeoning area of family law. The course has been expanded to three hours in recognition of the value of the course and the time and specialized attention required to prepare law students to move immediately into trial work upon graduation.

*Last Updated Spring 2016

Climate Change

Class Number: 5299; Catalog Number- LAW 624L, 00A

Credit: 2 Hours

Instructor(s): Prof. Purdom, Rebecca 

Prerequisite: Ask Prof.

Grading Criteria: Ask Prof. 

Description: Ask Prof.

*Last Updated Spring 2018

Colloquium Series: War and Security in Law, Culture, & Society

Class Number: 3801; Catalog Number- LAW 770, 04A

Credit: 2-3 Hours (optional 3rd credit for law students who write research papers)

Selection: Non-law students (up to an additional 5) are welcome with permission from the instructor. For more information contact Professor Dudziak at mary.dudziak@emory.edu 

Instructor(s): Prof. Dudziak, Mary

Prerequisite: None

Grading Criteria: Participation & Research Paper

EnrollmentLimited to 10 law students! (No preselection for law students, enrollment is first-come-first-serve)

Description: This course is a law and graduate seminar held in conjunction with the Colloquium on War and Security in Law, Culture, and Society. The course approaches the study of law, war, and national security as inherently interdisciplinary areas of inquiry. We will read and discuss books and articles on war, national security, and the role of law. Outside speakers will occasionally present works in progress.

Course requirements: Students will read and comment on papers by outside speakers, read and discuss course readings, and write a 20-page paper. Law students who enroll for an additional credit (for a total of 3 credits) will instead write a research paper of at least 30 pages. The 30-page research paper, which can satisfy the law school writing requirement, will involve more extensive research, and students will be required to complete additional assignments, including a first draft.

*Last Updated Spring 2018

Commercial Law: Sales

Class Number: 3802; Catalog Number- LAW 612, 001

Class Number: 5505; Catalog Number- LAW 612, GRAD; This is an online course and is only open to JM students.

Credit: 3 Hours

Instructor(s): Prof. Hay, Peter & Prof. Ahdieh, Robert (GRAD)

Prerequisite: None

Grading Criteria: Take-home Exam or In-class Exam; Early delivery option for take-home. 

Description: The first-year Contracts course typically is too compressed to deal in any depth with Article 2 of the Uniform Commercial Code (UCC) which, in some form, is now the law in all States and applies to contracts for the sale of goods in excess of $500. This course covers Article 2 in depth and adds some treatment of documentary transactions (bills of lading and letters of credit). The Convention on the International Sales of Goods (CISG) was ratified by the United States and, as federal law, therefore supersedes the UCC, whenever its provisions cover an issue. The course, therefore, supplements UCC study with all relevant provisions of the CISG. – The course is offered in the form of a workshop in which issues like contract formation, formalities, conditions, breach, remedies are studied in a problem-solving format: Code (or CISG) law is applied to solve hypothetical cases, with court decisions serving as authoritative tools for the interpretation of the statutory language. The study of Art. 2 is a very desirable completion of one’s understanding of Contract law.

Online Description: TBA

*Last Updated Spring 2016

Complex Litigation

Class Number: 3745; Catalog Number- LAW 610, 02A

Credit: 3 Hours

Instructor(s): Prof. Freer, Richard 

Prerequisite: None

Grading Criteria: Scheduled Final Exam

DescriptionA 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 (including international and e-discovery), and problems relating to preclusion in complex cases.

*Last Updated Spring 2016

Conflict of Laws 

Class Number: 3803; Catalog Number- LAW 709, 12A

Credit: 3 Hours

Instructor(s): Prof. Hay, Peter

Grading Criteria: Scheduled Final Exam

Description: When a case has interstate or international aspects – for instance: place of contracting and performance differ, a tort has cross-border effects, one party seeks an ex parte divorce or maintenance or child custody modification in another state or country, or an intestate decedent leaves property in different places -, the first question that rises: which court or courts have jurisdiction?  Second, the court that does entertain the case must then decide which law to apply. (The anticipated answer to this question may influence the plaintiff’s choice of court in the first place). Third, if a successful plaintiff finds no assets locally, s/he needs to get the judgment recognized and enforced in a state or country where the debtor-defendant does have assets. – The course offers a good review of important aspects of civil procedure and treats choice of the applicable law and judgment recognition in depth. The focus is on interstate conflicts cases but the course also contains comparative and international material in all of its parts.

*Last Updated Spring 2015

Constitutional Criminal Procedure: Investigations

ClassNumber: 5357; Catalog Number- LAW 622A, 001

Class Number: 3841; Catalog Number- LAW 622A, GRAD; This is an online course and is only open to JM students.

Credit: 3 hours

Instructor(s): Prof. Cloud, Morgan & Prof. Ahdieh, Robert (GRAD)

Prerequisite: None

Grading Criteria: Class Participation & Scheduled Final Exam

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.

Online Description: TBA

*Last Updated Spring 2017

Constitutional Rights: Constitutional Controversies

Class Number: 3873; Catalog Number- LAW 698L

Credit: 3 Hours

Instructor(s): Prof. Perry, Michael 

Prerequisite: None (1Ls who have not taken Con Law, please contact instructor 1st)

Grading CriteriaCourse Participation and Take-home Exam

Description: In the last half-century, the Supreme Court of the United States has resolved, on the basis of the Constitution of the United States, several greatly contested "rights" controversies—controversies concerning, e.g., gun control, capital punishment, race-based affirmative action, abortion, physician-assisted suicide, and, most recently, same-sex marriage.  In this course, we will study those (and other) controversies and evaluate the Supreme Court’s decisions.  A principal, recurring issue throughout the course:  In resolving such controversies, what role should the Supreme Court play:  how large a role, or how small?  The final exam will be of the “take home” variety.

*Last Updated Spring 2018

Copyright Law

Class Number: 3749; Catalog Number- LAW 710, 02A 

Credit: 3 Hours

Instructor: Prof. Beck, Joseph

Prerequisites: None

Grading Criteria: Participation & Scheduled Final Exam

DescriptionCopyright law protects original works, such as books, music, paintings, photographs, architectural works, and software. This course examines copyright law, including what works are eligible for copyright protection, what rights are afforded to copyright owners of particular original works, and how copyright responds to technological developments. The course also explores copyright infringement, various defenses to infringement (such as fair use), and remedies.  The class will also explore the theories that justify copyright protection in the US, in contrast to other jurisdictions, and the persuasiveness of such theories.

*Last Updated Spring 2017

Corporate Finance

Class Number: 3804; Catalog Number- LAW 712, 12A

Class Number: 5360; Catalog Number- LAW 712, GRAD; This is an online course and is only open to JM students.

Credit: 3 Hours

Instructor(s): Prof. Shepherd, George & Prof. Ahdieh, Robert (GRAD)

Prerequisite: Business Associations 

Grading Criteria: Scheduled Final Exam

Description: A study of the financial and economic theory underlying legal doctrines in corporate finance, and the relationship between these doctrines. Focuses on decisions about "value" in the context of such areas as bankruptcy reorganization, dissenters' appraisal rights, and public utility regulation. Problems of capital structure and the duties of directors to various classes of claimants are studied in light of decisions about dividend policy and reinvestment. Includes a brief review of modern portfolio theory. 

Online Description: TBA

*Last Updated Spring 2018

Courtroom Persuasion/Drama I

Class Number: 3733; Catalog Number- LAW 959, 01A

Class Number: 3747; Catalog Number- LAW 959, 02A 

Credit: 1 Hour

Instructor(s): Prof. Metzger, Janet

Prerequisite: Evidence & Trial Techniques

Grading Criteria: Classwork & In-class Final Exam

Enrollment: Strictly limited to 12 students!

Note: Class openonly to 3Ls

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.

*Last Updated Spring 2018
Courtroom Persuasion/Drama II

Class Number: 3886; Catalog Number- LAW 960

Credit: 1 Hour

Instructor(s): Prof. Metzger, Janet

Prerequisite: Courtroom Persuasion/Drama I

Grading Criteria: Participation & Group Assignment

Enrollment: Strictly limited to 12 students!

Description: This follow-up course to Courtroom Persuasion Drama I applies theater arts techniques to the practical development of persuasive presentation skills in any high-pressure setting, especially the courtroom.

In this advanced class, you will build on performance skills learned in Courtroom Persuasion Drama I in order to present a more compelling and persuasive case story. You will gain practical experience applying skills and techniques of communication and storytelling learned in CPDI to the components of a trial from initial interview through closing arguments.

You can expect to increase your creativity in storytelling through improvisation; develop visualization by increasing awareness of and sensitivity to images in written language; feel confident in your own unique style of communication.

*Last Updated Spring 2018

Criminal Law Defenses

Class Number: 5300; Catalog Number- LAW 700C, 00D

Credit: 1 Hour

Instructor(s): Prof. Berne, Steven

Prerequisite: Criminal Law & Evidence

Grading Criteria: Participation & Scheduled Final Exam Period

Enrollment: Limited to 15 students

Description: This class will enable the students to effectively advocate and persuade others of the veracity of particular criminal defenses. Emphasis will be placed on several current and controversial defenses, including "stand your ground" self-defense and opioid addiction. Students will watch video content, listen to podcasts and read news articles. There will be an in-class discussion of these defenses as applied to ongoing criminal cases.

*Last Updated Spring 2018

Criminal Competency and Responsibility Practicum 

Class Number: 3867; Catalog Number- LAW 622E

Credit: 2 hours

Instructor: Prof. Deets, Annie   

Prerequisite: Criminal Law; Constitutional Law; & Mental Health Issues in the Criminal Justice System.

Grading Criteria: Participation; Court Performance; & Experiential Reaction Papers

Enrollment: Limited to 8 Students! (Contact Professor for Permission)

Description: The Mental Health Issues in the Criminal Justice System Workshop provides an experiential learning component to second and third-year law students who have previously taken Law 622D. Students will have the unique opportunity to see how justice is actually administered in the context of criminal cases involving issues of competency or criminal responsibility in Georgia Courts and to develop their courtroom advocacy skills. We will examine, through readings and classroom discussion, the ways in which mental health cases fit or rather do not fit within the framework of the traditional criminal justice system and the practical implication of raising issues of mental health issues of competency, criminal responsibility or even offering evidence of mental health as mitigation. This class will have a classroom component but will also extend beyond that into the real and very complex practice of criminal law involving mental health issues. Students will conduct mock competency and mock responsibility trials. Students will take multiple off-campus trips, including touring the local mental health service providers, interacting with the NICK Project (a collaboration between the DeKalb Public Defender’s Office, Atlanta Legal Aid, and the Department of Behavioral Health and Developmental Disabilities) and attending actual court sessions to observe criminal case proceedings. Student will also review actual competency evaluations and will conduct interviews with actual defendants, participate in discharge planning with social workers and community service providers, observe actual competency evaluations, and participate in mock classroom hearings on these cases. Lastly, where possible, students will represent their clients in actual court proceedings (bond hearings, motions hearing, competency hearings, pleas.)

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 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.

Please Note: any students who have previously or are currently interning or doing a field placement the Law Office of the DeKalb County Public Defender will be ineligible for this course.  Additionally, this course cannot be taken concurrently with an internship or field placement in the DeKalb County Solicitors or District Attorney’s Office, as it would cause a professional conflict.

*Last Updated Spring 2018

Directed research is an independent scholarly project of your own design, meant to lead to the production of an original work of scholarship. Once you have secured a faculty advisor and have defined your project, you should download the directed research form (see below). In this form, indicate whether you are seeking one unit (a 15 page paper, double spaced, exclusive of endnotes, tables, appendices, etc.) or two units (a 30 page paper, double spaced, exclusive of endnotes, tables, appendices, etc.).

Complete information and the application form are available on the secure Directed Research web page »

Doing Deals: Accounting in Action

Class Number: 3735; Catalog Number- LAW 659E, 09A

Class Number: 3881; Catalog Number- LAW 659E, 09B

Credit: 3 Hours

Instructor(s): TBA

Prerequisite: None 

Grading Criteria: Course Work

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. 

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.

*Last Updated Spring 2016

Doing Deals: Commercial Real Estate Transactions

Class Number: 3736; Catalog Number- LAW 659G, 02A

Credit: 3 Hours

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

Prerequisite: Real Estate Finance (concurrent okay); Contract Drafting; & Deal Skills (concurrent okay)

Grading Criteria: Midterm; Participation; & Drafting of Documents

Enrollment: 18

Description: This course will concentrate on sales, finance, and leasing of commercial real estate. It will require significant amounts of time devoted to the financial analysis of real estate projects and to negotiating and drafting of documents. It is designed specifically to include JD, LLM, and MBA students. Workgroups 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 shopping 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.

*Last Updated Spring 2016

Doing Deals: Contract Drafting
  • Class Number: 3766; Catalog Number- LAW 659A, 04A 
  • Class Number: 3763; Catalog Number- LAW 659A, 04B
  • Class Number: 3764; Catalog Number- LAW 659A, 04C
  • Class Number: 3777; Catalog Number- LAW 659A, 04D
  • Class Number: 3765; Catalog Number- LAW 659A, 04E 
  • Class Number: 3786; Catalog Number- LAW 659A, 09A 
  • Class Number: 3779; Catalog Number- LAW 659A, 09B 
  • Class Number: 3878; Catalog Number- LAW 659A, MCL 

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

Credit: 3 Hours

Instructor(s): TBA

Prerequisite: Business Associations (highly recommended as prerequisite, but can be taken concurrently)

Grading Criteria: Homework & Final Assignment

Enrollment: Limited to 12 students per section!

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.

*Last Updated Spring 2016

Doing Deals: Corporate Practice

Class Number: 3737; Catalog Number- LAW 659H, 06A

Credit: 3 Hours

Instructor(s): Prof. New, Randy & Prof. Mazzone, Dominic

Prerequisite: Business Associations; Contract Drafting; & Deal Skills (concurrent not ok for any)

Grading Criteria: Written Problems & Class Participation

Enrollment: Limited to 12 Students!

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 coursework 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.

*Last Updated Spring 2016

Doing Deals: Deal Skills
  • Class Number: 3738; Catalog Number- LAW 659B, 04A 
  • Class Number: 3742; Catalog Number- LAW 659B, 04B
  • Class Number: 3879; Catalog Number- LAW 659B, 04C
  • Class Number: 3753; Catalog Number- LAW 659B, 04D 
  • Class Number: 3754; Catalog Number- LAW 659B, 04E 
  • Class Number: 3755; Catalog Number- LAW 659B, 04F

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

Credit: 3 Hours

Instructor(s): TBA

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

Grading Criteria: Homework, Participation/Professionalism; Negotiation Project; & Comprehensive Individual Project

Enrollment: Limited to 12 Students!

Description: Deal Skills builds on the skills and concepts learned in Contract Drafting and emphasizes the skills and thought processes involved in, and required by, the practice of transactional law.  The course introduces students to business and legal issues common to commercial transactions, such as M&A deals, license agreements, commercial real estate transactions, financing transactions, and other typical transactions.  Students learn to interview, counsel, and communicate with simulated clients; conduct various types of due diligence; translate a business deal into contract provisions; understand basic transaction structure, finance, and risk reduction techniques; and negotiate and collaboratively draft an agreement for a simulated transaction.   Classes involve both individual and group work, with in-class exercises, role-plays and oral reports supported by lecture and weekly homework assignments.  

*Last Updated Spring 2018

Doing Deals: Mergers & Acquisitions 

Class Number: 3750; Catalog Number- LAW 659J, 05A

Credit: 3 Hours

Instructor(s): TBA

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

Grading Criteria: Participation in Simulated Transaction; Written Assignments; & Participation (NO EXAM)

Enrollment: Limited to 12 students!

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.

*Last Updated Spring 2016

Doing Deals: Transactional Law Program's Negotiations Team 

Class Number: 3887; Catalog Number- LAW 880

Credit: 1 Hour

Instructor(s): Prof. Ellis, Jeremy & Prof. Harrison, Chason

Prerequisite: Approved by Faculty Advisor (via tryout)

Grading Criteria: Participation (Graded on Pass/Fail Basis)

DescriptionTeam members prepare for oral negotiations, practice negotiation techniques, and draft transactional documents under the direction of one or more faculty advisors for regional, and potentially national competitions. A student selected to compete is eligible for credit in the semester in which the competition is held. The faculty advisor(s) will approve course registration and assign a grade.

*Last Updated Spring 2017

Doing Deals: Representing Investment Funds

Class Number: 5398; Catalog Number- LAW 659R, 001

Credit: 3 Hours

Instructor(s): TBD

Prerequisite: Business Associations & Contract Drafting. Deal Skills is a recommended prerequisite but may be taken concurrently (or waived by the professor based on relevant experience or other factors).

Grading Criteria: In-class exercises; homework assignments; A comprehensive individual project; & A prospectus summary project.  There will not be a final exam!

EnrollmentLimited to 12 Students!

Description: This course will simulate the structuring, formation, and regulatory work that would be performed by a junior associate or in-house counsel representing public investment companies, private investment funds, or other pooled investment vehicles.  The course will focus primarily on the regulation of investment companies subject to the Investment Company Act of 1940 and its companion statute, the Investment Advisers Act of 1940; however, significant attention will be given to alternative investment vehicles, such as hedge funds, venture capital funds, private equity funds, real estate partnerships, and other private investment vehicles.   Students will gain experience in analyzing securities laws and regulations that govern a fund’s structure and operations; structuring public and private offerings; reviewing and drafting various documents included in a fund offering, and considering ethical issues that may arise.

These issues will be addressed through a combination of lectures, in-class exercises, homework assignments, a comprehensive individual project, and a prospectus summary project.  There will not be a final exam.  Prerequisites are Business Associations and Doing Deals:  Contract Drafting.  Doing Deals:  Deal Skills is a recommended prerequisite but may be taken concurrently (or waived by the professor based on relevant experience or other factors).

*Last Updated Spring 2018

Doing Deals: Venture Capital

Class Number: 3739; Catalog Number- LAW 659C, 04A

Credit: 3 Hours

Instructor(s): TBD

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

Grading Criteria: Coursework

Enrollment: Limited to 12 Students!

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

*Last Updated Spring 2016

Employment Discrimination

Class Number: 3784; Catalog Number- LAW 669, 02A

Credit: 3 Hours

Instructor(s): Prof. Dinner, Deborah 

Prerequisite: Standard First-Year Courses (including Con Law)

Grading Criteria: Participation & Scheduled Final Exam

DescriptionAn introduction to the principal federal employment discrimination statutes, with limited attention to state analogues. The course will focus primarily on the prohibitions on race and sex discrimination under Title VII of the Civil Rights Act of 1964, as well as the Age Discrimination in Employment Act, and the Americans with Disabilities Act. We will also examine constitutional law when relevant to the interpretation of statutory prohibitions on discrimination. 

*Last Updated Spring 2018

Employment Discrimination Lab

Class Number: 3746; Catalog Number- LAW 669X, 06A

Credit: 1 Hour

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

Prerequisite: Employment Discrimination or Employment Law

Grading Criteria: Coursework

Enrollment: Limited to 8 students!

Description: The class will work through 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 Jr., 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.

*Last Updated Spring 2016

English Legal History

Class Number: 5332; Catalog Number- LAW 694, 00D

Credit: 3 hours

Instructor(s): Volokh, Alexander 

Prerequisite: None

Grading Criteria: Scheduled Final Exam

Description: English legal history began around the year 600, when King Aethelberht of Kent promulgated his famous legal code: "If a person strikes off a thumb, 20 shillings. If a thumbnail becomes off, let him pay 3 shillings. If a person strikes off a forefinger, let him pay 9 shillings. If a person strikes off a middle finger, let him pay 4 shillings. . . ." From Aethelberht to modern-day workers compensation codes (in Georgia, $60,000 for the loss of a hand) is but a brief step. But in between, we get to cover Domesday Book, Magna Carta, the dissolution of the monasteries, the Instrument of Government, and the Bill of Rights.

More precisely: this course is a survey of the law of England between, approximately, the years 600 and 1800. Why study English legal history? There are at least two possible reasons: (1) to know "how we got here from there" and thus to better understand our modern legal system, or (2) to understand the period on its own terms, that is, to see what it was like to be a lawyer in the 14th century. I'm personally partial to approach (2), but there will be plenty for those who favor approach (1) as well.

We'll cover some private law, some criminal law, and some constitutional law (and we'll discuss why it's correct to talk of "constitutional law" when a country has no written constitution). I anticipate that we'll spend less time on criminal law than on private or con law. The theme of private law is that our law of property, torts, and contracts is largely the result of unplanned accidents, lawyers seeing how far they could stretch existing legal remedies to cover situations they were never designed for. The theme of con law is that we have our democratic representative institutions thanks to irresponsible, high-spending kings: the more irresponsible the king, the more often he would call an assembly to ask for more money. Little by little, the legal system will come to resemble what we learned as 1Ls.

The readings will be a mix of primary sources (in modern English translation) and secondary sources. No knowledge of foreign languages or English history is required or assumed.

*Last Updated Spring 2018.

Entertainment Law

Class Number: 3694; Catalog Number- Law 720, 04A

Credit: 3 Hours

Instructor(s): Prof. Sanders, Scott

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

Grading Criteria: Scheduled Final 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.

*Last Updated Spring 2018

Environmental Law

Class Number: 3853; Catalog Number- LAW 624X

Credit: 3 hours

Instructor(s): Prof. Goldstein, Mindy

Prerequisite: Legislation & Regulation

Grading Criteria: Participation & Scheduled Final Exam

Description: This course will focus on legal strategies to regulate and remedy environmental harms. The course is designed to prepare transactional lawyers, regulatory lawyers, and litigators, specifically including students interested in specializing in environmental law for corporate compliance, the government, or public interest. A major goal of the course is to introduce students to the analytical skills necessary to understand and work in environmental 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; Clean Water Act; Comprehensive Environmental Response, Compensation, and Liability Act; Endangered Species Act; and National Environmental Policy Act.

*Last Updated Spring 2018

Estate Planning

Class Number: 3695; Catalog Number- 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: Scheduled Final 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.

*Last Updated Spring 2017

European Union Law II

Class Number: 3809; Catalog Number- LAW 620L, 001

Credit: 2 Hours

Instructor(s): Prof. Mickevicius, Henrikas & Prof. Tulibacka, Magdalena

Prerequisite: EU Law I recommended

Grading Criteria: Participation & Scheduled Final Exam

Description: The course examines fundamental areas of substantive law of the European Union, with particular emphasis on their practical application and on their links and parallels with U.S. law. The students will examine some of the most important recent cases decided by the Court of Justice of the EU involving U.S. corporations, including Google Spain v. Costeja on ‘the right to be forgotten’, and Microsoft v Commission concerning Microsoft’s abuse of its dominant position in the EU market. They will be able to identify and critically assess the EU approach to a number of legal and economic concepts and rules, including market integration, equality, products liability and antitrust law.

The course commences with examining the EU personal data protection regime and the right to be forgotten as defined in case of Google Spain v. Costeja. It will continue with an examination of the law and legal practice related to the European single market: free movement of persons, including the evolving concept of EU citizenship; goods; establishments and services; and capital.

A number of hours will be devoted to the complex EU antitrust law, its enforcement, and its relationship to the U.S. antitrust rules. The analysis of the European Union’s market legislation and legal practice will be completed by a class on EU consumer law, which in many ways differs from the U.S. approach to consumer protection.

Further, the students will scrutinize the European Product Liability Directive and its parallels with the U.S. products liability law.

Finally, the course will examine substantive and procedural aspects of the EU criminal law and other issues within the rapidly developing area of freedom, security, and justice, and discuss the emerging areas of the EU civil procedure, including class actions and ADR. Lectures and discussions will draw parallels with the U.S. federal and State systems.

Most classes will consist of a lecture part and an interactive seminar part where students will deal with the judgments of the Court of Justice of the European Union, hypothetical cases, resolve legal problems and discuss ideas.

*Last Updated Spring 2017

Evidence

Class Number: 3751; Catalog Number- LAW 632X, 04A (Morrison)

Class Number: 5230; Catalog Number- LAW 632X, 04B (Goldfeder)

Credit: 3 Hours

Instructor(s): Prof. Goldfeder, Mark & Prof. Morrison, Caren (Visiting Professor- GSU Law)

Prerequisite: Must be a second-year JD (or AJD) student; LLMs are eligible as well. 

Grading Criteria: Scheduled Final 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.

*Last Updated Spring 2018

Externship Program  

Catalog Number- Law 870I-Advanced; Law 870D- Civil Litigation; Law 870F- Corporate Counsel; Law 870H-Criminal Defense; Law 870C- Govt. Counsel; Law 870E- Judicial; Law 870J- Legislative Policy; Law 870G- Prosecution; Law 870A- Public Interest; Law 870L- Small Firm.

Credits: Varies

Instructor(s): Multiple

Selection: Application process submitted to Prof. Sarah Shalf (The Deadline has now passed, and if interested must contact Prof. Shalf)

Grading Criteria: Class Participation & Fieldwork

Description: Step outside the classroom and learn to practice law from experienced attorneys. Take the skills and principles you learn in the classroom and learn how they apply in practice. Emory Law's General Externship Program provides work experience in different types of practice (all sectors except law firms) so you can determine which suits you best and develop relationships that will continue as you begin your legal career. Students are supported in their placements by a weekly class meeting with other students in similar placements, taught by faculty with practice experience in that area, in which students have the opportunity to learn legal and professional skills they need to succeed in the externship, receive mentoring independent of their on-site supervisors, and to step back and reflect on their experience and what they are learning from it.

Our Small Firm Externship Program provides students especially interested in the small law firm practice setting with experience in specially-selected small law firms. The firms' attorneys participate with the students in our weekly class meeting, which focuses on the skills and attributes necessary to succeed in a small firm practice setting.

Students apply for externships via Symplicity in the semester prior to the externship and all placements must be preapproved. Available placements for the General program are listed on the Emory Law website, http://law.emory.edu/academics/academic-programs/externships/externship-search.html, and the currently-participating Small Firms are listed here: https://emorylaw.wufoo.com/forms/small-firm-externship-applicant-law-firm-ranking/

Warning: No student is allowed to be enrolled in more than one clinic or externship classes (except fieldwork) in a semester.

*Last Updated Spring 2017

Family Law I

Class Number: 3740; Catalog Number- LAW 633, 10A

Credit: 3 Hours

Instructor(s): Prof. Broyde, Michael

Prerequisite: None

Grading Criteria: Scheduled Final 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.

*Last Updated Spring 2015

Federal Income Tax: Corporations

Class Number: 3696; Catalog Number- LAW 642, 10A

Credit: 2 Hours

Instructor(s): Prof. Fowler, Lynn

Prerequisite: Fundamentals of Income Tax 

Grading Criteria: Scheduled Final 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.

*Last Updated Spring 2015

Federal Income Tax: Individuals

Class Number: 3790; Catalog Number- LAW 640L, 08A

Credit: 4 Hours

Instructor(s): Prof. Brown, Dorothy 

Prerequisite: None

Grading Criteria: Scheduled Final Exam

Description: An introduction to federal income taxation with an emphasis on determination of income subject to taxation, which expenses are allowable deductions and whether certain income is excluded from taxation, along with the proper time for reporting items of income and deductions and which proper taxpayer should pay the tax.

NOTE: Students who have previously taken Fundamentals of Income Tax (the 3 credit course with Professor Pennell) may not take this class.

*Last Updated Spring 2018

Federal Income Tax: Partnerships

Class Number: 3697; Catalog Number- LAW 942, 04A

Credit: 2 Hours

Instructor(s): Prof. Beaudrot, Charles 

Prerequisite: Fundamentals of Income Tax

Grading Criteria: Three Quizzes & Scheduled Final Exam

DescriptionThis course teaches the key principles of the taxation of partnerships, joint ventures, LLCs and other entities taxed under Subchapter K of the Internal Revenue Code and those who own interests in such entities.  We will look at tax issues in the formation, financing, and operation of these entities in order to understand the effect the tax rules have on financial returns and choices in investment structures. This is an important class for those interested in venture capital, private equity, real estate, or international business transactions where the rules of partnership taxation are of great importance.

*Last Updated Spring 2018

Introduction to Financial Compliance

Class Number: 3885; Catalog Number- LAW 759

Credit: 2 Hours

Instructor(s): Prof. Clemmons, Morgan

Prerequisite: None

Grading Criteria: Participation (35%); & Scheduled Final Exam (65%).

Description: This course is intended for students with an interest in financial institutions and regulatory compliance, specifically those thinking about working in big law or in-house at a fintech start-up company, looking to effect change in financial services policies and regulations, or planning to work in consulting, compliance, or risk with a consulting firm.  Financial services regulatory compliance related to consumer protection is experiencing a boom. Many attorneys and professionals are unprepared to understand the enforcement of the rules and supervision of institutions under state regulators’, the Federal Reserve, the FDIC, the Office of the Comptroller of the Currency, and the Consumer Financial Protection Bureau’s authority, as these agencies work across many industries and institutions, including banks, credit unions, mortgage companies; student loan companies; auto lenders; payday loan lenders; fintech companies, etc. This course will introduce students to financial services regulatory compliance, and students will familiarize themselves with regulations and trends in financial services.  Students will interpret regulations, review cases, and balance real-world business considerations, including financial and reputational consequences, in order to tackle real legal issues and challenges.  The course will include guest speakers from regulatory agencies, practicing attorneys, and other subject matter experts (SMEs) with advanced degrees and/or relevant compliance work experience.

*Last Updated Spring 2018

First Amendment

Class Number: 3830; Catalog Number- LAW 601C, GRAD; This is an online course and is only open to JM students.

Credit: 3 hours

Instructor(s): Prof. Ahdieh, Robert

Prerequisite: Constitutional Law I

Grading Criteria: Ask Prof.

Description: This is an online 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.

*Last Updated Fall 2014

Foreign and Comparative Law Research

**Accelerated Class- Second-half of semester 

Class Number: 5510; Catalog Number- LAW 761C

Credit: 1 hour

Instructor(s): Prof. Flick, Amy

Prerequisite: None

Grading Criteria: Research practice Exercises & Final Research Project

Description: Foreign & Comparative Law Research will introduce specialized techniques for research in the legal materials of other countries. Students will become familiar with research in foreign and comparative law through lectures and practical application through in-class research exercises, homework exercises, and a final research project on a subject area of the law of another country. Topics for class sessions will include types of primary resources for other countries, comparative works and subject compilations, translations and use of legal resources in foreign languages, and research in the materials of select countries, both common law jurisdictions (United Kingdom, Canada, and Australia), and civil law jurisdictions (France and Mexico). 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.

*Last Updated Spring 2018
Foreign Relations Law 

Class Number: 3805; Catalog Number- LAW 602, 001

Credit: 3 Hours

Instructor(s): Prof. Dudziak, Mary

Prerequisite: Constitutional Law I

Grading Criteria: In-Class Final Exam 

Description: This course examines the law that regulates the conduct of American foreign relations. Topics include the distribution of foreign affairs powers between the three branches of the federal government, the war power, the treaty power, the status of international law in U.S. courts, the validity of executive agreements, the preemption of state foreign affairs activities, and the political question and other doctrines regulating judicial review in foreign affairs cases.

*Last Updated Spring 2018

Fundamentals of Innovation II

Class Number: 3698; Catalog Number- LAW 890A, 04A

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

Credit: 3 Hours

Instructor(s): Prof. Morris, Nicole 

Prerequisite: None

Grading Criteria: Participation

Description: Fundamentals of Innovation II is the second of the two-course sequence on various techniques and approaches needed to understand the innovation process. Issues explored will include patterns of technological change, identifying market and technological opportunities, competitive market analysis, the process of technology commercialization, intellectual property protection, and methods of valuing new technology.

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.

*Last Updated Spring 2017

Health Law

Class Number: 3775; Catalog Number- LAW 736, 12A 

Credit: 3 hours

Instructor(s): Prof. Satz, Ani

Prerequisite: None

Grading Criteria: Scheduled Final Exam

DescriptionHealthcare 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 as well as some prominent medical controversies. The course will address selected topics in health law related to issues of quality, access, cost, and choice. Possible topics include: regulation of physicians and healthcare institutions, confidentiality, informed consent, individual and institutional obligations to provide care, discrimination in access to care, ERISA preemption and regulation, public and private health insurance structures and some of the major statutes that govern them, fraud and abuse, government powers in public health emergencies, genetic discrimination and eugenics, assisted suicide, and human and nonhuman animal experimentation for medical purposes.

*Last Updated Spring 2018

Health Policy: Obamacare v. Trumpcare

Class Number: 5392; Catalog Number- LAW 736L, 001 

Credit: 3 hours

Instructor(s): Prof. Sage, Bill

Prerequisite: None

Grading Criteria: Participation & Proctored Final Exam

Description: Healthcare represents approximately one-sixth of the American economy, as skilled personnel provide life-saving services using advanced technology. But the fairness and efficiency of the healthcare system remain controversial. Enacted a century after universal health coverage was first proposed in the United States, the Affordable Care Act (aka “Obamacare”) intensified public policy debate rather than resolving it. After years of sustained opposition, the Republican party now seeks to “repeal” and “replace” Obamacare after its victory in the 2016 national elections. But why? And how?

This course considers some of the toughest problems in current health law and policy.  Which countries have the best healthcare systems, and why? What roles should government play in health care, and what roles should it avoid?  Does the U.S. make too many social problems into medical ones, or too few? What is the best way to support the cost of care for those who are too sick or too poor to afford it themselves?  How can we spend less on health care and get more for our money? To what degree should the future health care system be controlled by physicians? How can individuals and communities become healthier? How can racial disparities in health care and health be reduced? How can the health care system best serve an aging population? What policies would most effectively further innovation? Finally, how has law defined these problems and how can legal change facilitate their solution?

Because the course meets in one long bloc each week, we will regularly include interactive components, small-group work, etc.  We will also alternate each week between a "macro" level issue such as expanding health coverage or reducing aggregate spending, and a "micro" level issue such as redressing medical errors that cause patient injury or ameliorating social determinants that impair health for individuals and families.

*Last Updated Spring 2018

Higher Education Law 

Class Number: 3807; Catalog Number- LAW 665, 001

Credit: 3 hours

Instructor(s): Prof. Fowler, Paul PhD

Prerequisite: None

Grading Criteria: Participation; Case Briefs; Class Presentation; Outline Paper; and Case Study/Scheduled Final Exam.  

Description: The course has been designed to expose the student to a range of administrative challenges at the postsecondary level that entails legal and ethical implications. The course experiences should ultimately help current and prospective administrators to envision the legal dimensions of collegiate-level decision processes. Topics to be covered will be the basis from which higher education law originates, current (case, state and regulatory) law, as well as risk management and liability issues for higher education – all contextualized to current pressing issues facing higher education today.

*Last Updated Spring 2018

Income Taxation of Trusts, Estates, Grantors, and Beneficiaries 

Class Number: 5336; Catalog Number- Law 911, 00A

Credit: 2 hours

Instructor(s): Prof. Pennell, Jeff 

PrerequisiteThere is no prerequisite. Highly recommended is concurrent or prior enrollment in the basic Income Taxation course and prior completion of Trusts & Estates

Grading Criteria: In-class Midterms & Scheduled Final Exam.  

Description: The income taxation of trusts, estates, grantors, and beneficiaries (Internal Revenue Code Subchapter J) affects virtually every fiduciary entity and imposes the highest income tax rates in America. This course focuses on the basic application of Sub J to garden-variety trusts and estates and explores the grantor trust rules that trump those basic rules. We will attend to specifics of planning with “intentionally defective grantor trusts,” postmortem income tax planning, dealing with income in respect of a decedent, charitable trusts, foreign trusts, Subchapter S and Electing Small Business Trusts, and state income taxation of trusts that straddle state borders.

*Last Updated Spring 2016

Intellectual Property 

Class Number: 3825; Catalog Number- LAW 608, 001

Credit: 3 Hours

Instructor(s): Prof. Holbrook, Tim

Prerequisite: None

Grading Criteria: Scheduled Final Exam (Multiple Choice)

DescriptionThis course will serve as an introduction to patent, trademark, copyright law, and trade secrets. The course will explore the policy and legal foundations for these areas of law and the scope of protection which each affords. The eligible subject matter, requirements for protection, and means of enforcement of each regime will be examined and compared. The framework for the administrative procedures which support the patent and trademark systems will also be discussed. 

*Last Updated Spring 2018

Intellectual Property Litigation Practicum

Class Number: 5397; Catalog Number- LAW 608D, 001

Credit: 3 hours

Instructor: Prof. Rothman, Joel; Prof. Schneider, Jerold; & Prof. Kunin, Larry

Prerequisite3Ls only! IP Survey and Evidence are prerequisites. Copyright, Trademark or Patent are strongly suggested.

Selectionhttps://emorylaw.wufoo.com/forms/ip-lit-practicum/ 

EnrollmentLimited to 12 Students!

Grading Criteria: Participation & Groupwork (Pass/Fail)

Description: In this practicum, you will assist experienced intellectual property counsel in the representation of real “live” clients in copyright, trademark, trade secret and patent infringement litigation.

You will learn, through classroom instruction, the role the litigator plays in representing clients in intellectual property matters at all phases from the sending of demand letters to the filing of complaints, answering or moving to dismiss, filing for or defending against preliminary injunction/temporary restraining order proceedings, seeking or defending against discovery requests, choosing and presenting or opposing experts, filing or defending against motions for judgment on the pleadings or summary judgment, trial preparation, trial and appeal.

You will be assigned at least one actual plaintiff’s case of copyright infringement to handle from start to finish. You will also assist in the prosecution or defense of patent, copyright, trademark or trade secrets cases depending upon the availability of those cases at that time.

The skills you gain will help you decide whether litigation generally, and intellectual property litigation specifically, interests you, and will be useful in either a litigation or transactional practice regardless of the subject matter.

The practicum will include classroom instruction and simulation during class, as well as assignments to be completed for each class to improve proficiency with real-world litigation documents.

Students will accumulate at least 150 hours of total time, between class time, class preparation, and working on assignments outside of class.

*Last Updated Spring 2018

International Business Transactions

Class Number: 3850; Catalog Number- LAW 730, GRAD; This is an online course and is only open to JM students.

Credit: 3 Hours

Instructor(s): Prof. Ahdieh, Robert 

Prerequisite: None

Grading Criteria: Ask Prof.

DescriptionThis online 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.

*Last Updated Spring 2018

International Human Rights

Class Number: 3822; Catalog Number- LAW 690L, 001

Credit: 3 Hours

Instructor(s): Prof. Van der Vyver, Johan

Prerequisite: None

Grading Criteria: Scheduled Final Exam or Take-home Final Paper

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 from 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.

*Last Updated Spring 2018

International Human Rights Law Practicum

Class Number: 5402; Catalog Number- LAW 690A

Credit: 3 hours

Prerequisite: International Human Rights Law (concurrent ok)

Selection: https://emorylaw.wufoo.com/forms/international-human-rights-practicum-preselection/

Grading Criteria: Substantive Projects & Short-term tasks via Assignments (70%) & Attendance/Participation (30%). No Final Exam

EnrollmentLimited to 4-6 Students!

Description: The Practicum will offer students a one-of-a-kind experiential education opportunity to deepen their knowledge of international human rights law, policies and enforcement mechanisms. The Practicum allows students to act essentially as junior lawyers in collaboration with and under the direct supervision of an Adjunct Professor Henrikas Mickevicius, who has over 35 years of experience in national and international law practice and is a member of the United Nations Working Group on Enforced or Involuntary Disappearances (WGEID). A signature element of the Practicum will be support for the mandate of the WGEID.

Students will work on substantive projects and short-term tasks related to the WGEID. Weekly 2-hour companion seminars, taught by Prof. Mickevicius, will familiarize them with the relevant legal frameworks—hard and soft law instruments, mechanisms, venues, procedures and case-law—and the skills they will need to employ to carry out assignments. Students will present and reflect on their findings and receive specific feedback from their instructor and classmates, to progress in their work. The instructional part of the seminar and related readings will be coordinated with professors teaching doctrinal human rights courses.

The course accounts for a minimum of 150 work hours per semester, including the weekly seminars, as well as preparation for those seminars, and assignments and projects. Assignments will constitute 70% of the final grade, and seminar attendance and participation 30%. There will be no final exam for this course.

*Last Updated Spring 2018

International Humanitarian Law

Class Number: 3752; Catalog Number- LAW 676, 02A

Credit: 3 Hours

Instructor(s): Prof. Van der Vyver, Johan

Prerequisite: None

Grading Criteria: Scheduled Final Exam or Take-home Final Paper

Description: September 11th, the war in Afghanistan and in Iraq, and the status of Afghani captives being held at Guantanamo 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 the 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.

*Last Updated Spring 2018

International Humanitarian Law Clinic

Class Number: 3732; Catalog Number- LAW 676C, 02A

Credit: 3 Hours

Instructor(s): Prof. Blank, Laurie

Prerequisites/Co-requisitesInternational Law; International Humanitarian Law; International Criminal Law; International Human Rights; Transitional Justice; National Security Law

Grading Criteria: Based on individual student performance 

Enrollment: By application, contact Professor Blank

Description: The International Humanitarian Law Clinic provides opportunities for students to do real-world work on issues relating to international law and armed conflict, counter-terrorism, 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).

*Last Updated Spring 2018

International Law

Class Number: 3699; Catalog Number- LAW 732, 04A

Credit: 3 Hours

Instructor(s): Prof. An-Na’im, Abdullah 

Prerequisite: None

Grading Criteria: Mid-Course Paper & Scheduled Final Exam. Regular attendance is required. Missing five classes without prior notification to the Instructor or genuine emergency will result in a reduction of one tier in the final grade (e.g. from A minus to B plus). Additional unexcused absences will result in further reduction of the final grade. A class will be devoted to discussion of the themes and issues for the one mid-course paper.

Description: This course introduces students to an accurate overview of principles of Public International Law while adding a critical, post-colonial global south perspective. We will also discuss some of the challenges raised by structural and institutional limitations of the current “state-centric” system. Underlying questions include: What were the context and assumptions underpinning the formation, structure, and content of International Law in the 19th and first half of the 20th century? Have things really changed or are they simply “old wine in new bottles”? Is present International Law really international, and what impact, if any does this distinction have? What are some of the implications of the recent transformations in the actors and processes involved in the rule of law in international relations?

Required Readings: Jeffrey L. Dunoff, Steven R. Ratner and David Wippman, INTERNATIONAL LAW: NORMS, ACTORS, PROCESS, 4th Ed. (Wolters Kluwer, 2015). 

*Last Updated Spring 2018

Introduction to the American Legal System ("IALS")

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

Class Number: 3794; Catalog Number- LAW 570A

Class Number: 5363; Catalog Number- LAW 570E, 001 (Mathews); This is an online course, only open to Low Res JM students.

Class Number: 5364; Catalog Number- LAW 570E, 002 (Goldfeder); This is an online course, only open to Low Res JM students.

Credit: 2 hours

Instructor(s): Prof. Koster, Paul (570A); Prof. Mathews, Jennifer & Prof. Goldfeder, Mark (570E)

Prerequisite: None

Grading Criteria: Participation & In-Class Final Exam

570A Description: This course covers the constitutional principles and governmental structures that shape the American legal system. The course examines the basic principles of legal reasoning and provides an overview of the primary areas of first-year legal study.

570E Description: TBA

*Last Updated Spring 2018.

Introduction to Law & Economics

Class Number: 3773; Catalog Number- LAW 628Y, 08A

Credit: 3 hours

Instructor(s):  Prof. Shepherd, Joanna

Prerequisite: None

Grading Criteria: Participation & Scheduled Final Exam

Enrollment: Limited to 80 Students!

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).

*Last Updated Spring 2018

Introduction to Legal Advocacy (ILA) formerly LWRAP II

Catalog Number- LAW 535B

Credit: 2 hours

Instructor(s):  Prof. Carroll, Lesley; Prof. Kirk, Aaron; Prof. Mathews, Jennifer; Prof. Parrish, Robert; Prof. Romig, Jennifer; Prof. Schwartz, Julie; Prof. Pinder, Kamina; & Prof. Koster, Paul

Prerequisite:  ILARC (or an equivalent course)

Grading Criteria: Class assignments 

Enrollment: This course is limited to first-year students and transfer students who need the course to graduate

Description:  This course builds on skills presented in ILARC and introduces students to the process of effectively employing persuasive strategies in both written and oral formats.

*Last Updated Spring 2018

Islamic Banking & Finance 

Class Number: 5395; Catalog Number: LAW 627F, 001

Credit: 3 Hours

Instructor(s): Prof. Bambach, Lee Ann

Prerequisite: None

Grading Criteria: Participation & Take-home Final Exam 

Description: Islamic finance is one of the fastest growing sectors of the international finance market, growing at the rate of over 10% annually and expected to top $3 trillion in assets by 2020.  No longer limited to the Middle East or Southeast Asia, there is growing interest in this market on the part of non-Muslim customers, investors, and financial institutions, and and sharia-compliant financial services and products are currently offered more than 70 countries, including in the U.K. and the U.S.  Yet in spite of its dynamic growth and future potential, the Islamic financial industry remains relatively unknown in the United States.

This course is designed as an intensive basic introduction to Islamic (or sharia-compliant) banking and financing.  It will explore the hows and whys behind the industry, its ethical and legal underpinnings, and how it interacts with the U.S. and other legal systems.  No previous familiarity with the field is necessary and there are no course prerequisites. All readings will be in English.

*Last Updated Spring 2018

Islamic Law

Class Number: 3814; Catalog Number- LAW 627, 001

Credit: 3 Hours

Instructor(s): Prof. An-Na’im, Abdullah

Prerequisite: None

Grading Criteria: This course is evaluated exclusively through three 1500 word papers, submitted via email to eibridg@emory.edu, by the dates topics indicated in the Course Outline. Attendance is required. Missing five classes without the approval of Instructor will be penalized in the final grade. Additional grade penalty will be imposed for missing more than five classes.

Description: The objective of this course is to introduce students to the nature, sources, and techniques of Sharia. The term Sharia is used instead of Islamic Law to avoid implying that it is the law in the sense of the positive law of the state, which this course will argue is a misconception.

This course will discuss the main concepts, principles, and rules of Sharia in a range of themes of modern legal systems, namely, the fields of property and transactions, family law, criminal law, constitutional law and inter-communal (international) law and human rights. 

The course will also examine the issue of Jihad under Shari‘a and its implications to modern international relations.

The last part of the course will examine the relationship between Shari‘a and the legal systems of a range of modern Muslim-majority countries, selected from Otto, SHARIA INCORPORATED (2011).

Required Texts: 

-        An-Na‘im, ISLAMIC COURSE MATERIALS 2016, Emory Law School Copy Center

-        Abdullahi Ahmed An-Na‘im, TOWARD AN ISLAMIC REFORMATION (Syracuse University Press, 1990)

-        Jan Michiel Otto, Editor, SHARIA INCORPORATED (Leiden University Press Academic), 2011.

*Last Updated Spring 2018

Jewish Law

Class Number: 3771; Catalog Number- LAW 664, 12A

Credit: 3 Hours

Instructor(s): Prof. Broyde, Michael 

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 discussions 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.

*Last Updated Spring 2016

Juvenile Defender Clinic

Class Number: 3700; Catalog Number- LAW 699C

Credit: 3 hours

Instructor(s): Prof. Waldman, Randee 

Prerequisite: Priority will be given to students who have taken or are currently enrolled in: Kids in Conflict with the Law; Juvenile Law or Family Law 2; Criminal Procedure; and Evidence.

Grading Criteria: Based on individual student performance 

Description: The Juvenile Defender Clinic is an in-house legal clinic dedicated to providing holistic legal representation for children charged with delinquency and status offenses.   Student attorneys represent clients in juvenile court and provide legal advocacy, in school discipline, special education and mental health matters, when such advocacy is derivative of a client's juvenile court case.  

Under the supervision of the clinic's director, Randee Waldman, student attorneys are responsible for handling all aspects of client representation. While in the clinic, JDC students will: Establish an attorney-client relationship with their client(s); Direct case strategy determinations; Investigate allegations; Interview witnesses; Negotiate dispositions and plea agreements; Prepare and litigate motions and try cases.

Students are also encouraged to engage in research and participate in juvenile justice policy development.

Note: Applications are accepted via Symplicity or e-mail to professor Waldman prior to pre-registration (watch for notices of the application deadline). Students must submit a resume, a statement of interest, an unofficial transcript, and a writing sample.

*Last updated Spring 2018

Kids in Conflict with the Law

Class Number: 5337; Catalog Number- LAW 699, 00D

Credit: 2 hours

Instructor(s): Prof. Waldman, Randee

Prerequisite: None

Grading Criteria: Grades will be based upon (i) a short reaction paper; (ii) an in-class advocacy exercise; & (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 and juvenile life without parole. 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 recommended either prior to or concurrently with entry into the Barton Juvenile Defender Clinic.

*Last Updated Spring 2018

Landlord-Tenant Mediation Practicum II

Class Number: 5362; Catalog Number- 870K, 002

Credit: 3 hours (each semester)

Instructor(s): Prof. Powell, Bonnie

Selection: Application process submitted thru Symplicity (Deadline has already passed as this is a year-long course)

Description: Landlord-Tenant Mediation Workshop students will mediate landlord/tenant disputes, including cases handled by the Magistrate and State courts; particularly small claim civil issues such as disputes between landlords and tenants. Assuming an agreement is reached during mediation, students will be responsible for drafting a detailed settlement agreement.

Students work under the supervision of an attorney mediating cases that deal with numerous issues of law within the court system. Prior to mediating, students will receive 28 hours of civil mediation training and will be registered as neutrals with the Georgia Office of Dispute Resolution

Required Mediation Training

Training is provided by the program and will occur the first or second week in August; attendance for the entire 28 hours of training is mandatory. Training dates will be confirmed no later than June 1.

These hours may be used later in the semester to compensate for any necessary time away.  For example, if a student has to leave at 5:00 pm for an evening class, 30/45 minutes of training can be used as a filler.     

For those who need a more flexible schedule, there is also now a partnership with Dekalb County so students can mediate there as well. The hours there are a bit different and has more flexibility.

Enrollment

This is a full academic year, two-semester workshop. Students must enroll in both the fall and spring semesters. Second and third-year students may apply. An in-person interview will be scheduled with the supervising attorney.

  • Application Period: Resumes can be submitted through Symplicity at the same time externships accept resumes.
  • Required Background Check: Upon acceptance, a criminal background check by the Georgia Office of Dispute Resolution will be conducted.

Class Times

  • Students must be available to go to court from 12:30 to 5:30 p.m. or 12:45 to 5:45 p.m. Tuesday and Thursday afternoons.
  • Weekly seminar sessions will take place at the courthouse during the semester.

*Last Updated Fall 2016

Law and Religion Practicum

ClassNumber:  5583; Catalog Number- 708, PRAC

Credits: 3 hours

Instructor(s): Prof. Goldfeder, Mark

Prerequisite: None

Grading Criteria: Ask Professor

Description: Ask Professor

*Last Updated Spring 2017

Law in Public Health

Class Number: 3704; Catalog Number- LAW 736A, 04A

Credit: 2 hours

Instructor(s): Prof. Kocher, Paula; Prof. Ghosh, Sudevi, & Prof. Baker, Glenn

Prerequisite: None

Grading Criteria: Based on a combination of attendance, classroom participation, and take-home exam/paper

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, persons with mental disabilities, prisoners, children, and homeless populations); and key public health topical areas, such as vaccination; food-borne diseases; tobacco use-related problems; and injuries.  Topics are covered through a combination of lecture and classroom discussion of assigned readings.  Readings are assigned from the required text, selected cases, and articles published in the medical, public health, and other scientific literature.  In addition to the listed course instructors, other instructors will include a rich array of expert guest lecturers from the practice community.

*Last Updated Spring 2016

Law of Payment Systems

Class Number: 3883; Catalog Number- LAW 613A

Credit: 2 hours

Instructor(s): Prof. Fraher, Richard

Prerequisite: None

Grading Criteria: Attendance; Participation; & a Scheduled Final Exam

Description: This course will provide students with a foundational understanding of the public laws and regulations that structure the check and wire systems in the U.S. and the federal laws and regulations that overlay the automated clearing house network and the card networks that are structured by private sector rules that bind participants by agreement.  By the end of the course, students will be familiar with Uniform Commercial Code Articles 3, 4, Regulation CC, UCC Article 4A, Regulation E, and the basics of the compliance regime established by the Bank Secrecy Act and the regulations of the Office of Foreign Asset Controls as they apply to payments.  This legal learning will be placed in the context of the rapid pace of technological innovation, globalization, and the policy issues surrounding the transformation of payments systems.

Required Books & Materials:  Ronald Mann, Payment Systems and Other Financial Transactions, 6th ed. (2016); any recent edition of Selected Commercial Transactions, ed. Chomsky, Kunz, Schiltz, and Tabb; online materials as specified.

*Last Updated Spring 2018
Legal Profession
  • Class Number: 3813; Catalog Number- LAW 747, 12B (Terrell)
  • Class Number: 3701; Catalog Number- LAW 747, 12A (Goldfeder)

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

Credit: 3 hours

Instructor(s): Prof. Terrell, Tim & Prof. Goldfeder, Mark

Prerequisite: None

Grading Criteria: Participation & Scheduled Final Exam

Description: The rules and principles of professional ethics, other regulatory constraints on lawyers, the elements of malpractice liability and the values of professionalism. 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, confidentiality, appropriate advocacy, client identity in business contexts, ethics in negotiation, and professionalism.

*Last Updated Spring 2018

Legal Professionalism

*Note: This course will satisfy the Legal Profession Requirement for Graduation

Class Number: 5394; Catalog Number- LAW 747L, 001 

Credit: 3 hours

Instructor(s): Prof. Sage, Bill

Prerequisite: TBA

Grading Criteria: TBA

Description: TBA

*Last Updated Spring 2018

Media Law

Class Number: 3816; Catalog Number- LAW 722, 001

Credit: 3 hours

Instructor(s): Prof. Counts, Cynthia 

Prerequisite: None 

Grading Criteria: Attendance & Participation (10%); Scheduled Final Exam or Writing Assignment(s) (90%). 

Description: This class will explore legal issues that are particularly relevant to newspapers, radio and television stations, web operators, and bloggers.  Topics include tort liability for defamation and invasion of privacy, prior restraint the right of the media and public to access government documents, right of the public to attend government proceedings and access to information, the protection of confidential sources, and use of copyrighted material in news broadcasts  The course will also examine the legality of undercover reporting and the use of hidden cameras.  The class will analyze and discuss the practical implications and these principles in real-world First Amendment and media cases that were recently litigated.  In class discussions, students will identify, analyze, and critique the constitution, statutory, and common-law legal doctrines that apply to media law cases, and we will study how those doctrines originated, have evolved, and will continue to change.  Among other things, students will analyze and discuss in depth key cases that show how the law and protections for the media have developed and will gain a greater understanding of how the law impacts news reporting today.  In addition to the assigned reading, we will discuss current media and First Amendment cases that are raised in the news throughout the course of the semester.  Your grade will be determined based on class participation and a take-home final exam which could be om the form of a writing assignment, such as drafting a memorandum of law in support of a  motion.

*Last Updated Spring 2018

Mediation Advocacy

Note: **Short Course** Four weeks, Starting week of 1/10, with two 3-hour sessions each week, and one additional Friday afternoon session, during the four weeks.

Class Number: 3854; Catalog Number- LAW 606

Credit: 2 hours

Instructor(s): Prof. Gmurzyńska, Ewa

Prerequisite: None 

Grading Criteria: Participation (50%); & Take-home Exam (50%)

Description: Mediation is an alternative dispute resolution (ADR) method that has become an essential part of legal systems. Its institutionalization, as well as widespread application - particularly in many civil cases - requires lawyers to have a practical and theoretical understanding of it. In Georgia, like a number of other states and federal courts, many cases are required to go to mediation before they go to trial. Mediation is also becoming a popular tool to resolve disputes in other countries, as well as in the international arena, particularly in commercial disputes, and thus it is becoming a universal method for the resolution of many types of conflicts.  Mediation is also an important part of effective legal representation - requiring a problem-solving approach to conflicts.

The course will make students familiar with US mediation rules and processes, as well as the international legal framework and law of mediation, including in the European Union. Students will study mediation from a comparative perspective, including differences between court proceedings, arbitration, negotiation, and mediation, and with regard to the distinct role of a mediator, as opposed to a judge or arbitrator. The course will explore the mediation process from different perspectives - particularly parties, advocates, and mediators. During the course, students will discuss the use of mediation by lawyers, as well as the role of lawyers in mediation.  Emphasis will be put on effective advocacy in mediation. Students will have an opportunity to practice effective communication skills and mediation role-playing. Teaching techniques including class discussion, presentation of video clips, skills exercises, and mediation role-playing will be utilized, which will require active participation by students.

*Last Updated Spring 2017

Mergers & Acquisitions

Class Number: 3829; Catalog Number- LAW 636A, GRAD; This is an online course and is only open to JM students. 

Credit: 3 Hours

Instructor(s): Prof. Ahdieh, Robert

Prerequisite: None

Grading Criteria: Ask Prof.

Description: Mergers and Acquisitions is an essential course for students who are interested in the corporate law field. The course explores legal issues related to mergers and acquisitions. Topics covered include acquisition structures and mechanics, shareholder voting and appraisal rights, board fiduciary duties, federal securities laws requirements, anti-takeover defenses, tax issues, and antitrust considerations.

*Last Updated Spring 2017

National Security Law

Class Number: 3791; Catalog Number- LAW 652, 10A

Credit: 3 Hours

Instructor(s): Prof. Blank, Laurie 

Prerequisite: None

Grading Criteria: Scheduled Final Exam

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 counter-terrorism activities.

*Last Updated Spring 2018

National Security Law Workshop

Class Number: 5826; Catalog Number- LAW 652B, 002

Credit: 2 hours

Instructor(s): Profs. Blank, Laurie

Prerequisite: TBA

EnrollmentLimited to 6 Students! Must apply/seek permission from Professor

Grading Criteria: See Professor

Description: See Professor 

*Last Updated Fall 2017

National Security: Counterterrorism

Class Number: 3904; Catalog Number- LAW 652A, OGP; This is an online course and is only open to JM students.

Credit: 3 Hours

Instructor(s): Prof. Ahdieh, Robert

Prerequisite: None

Grading Criteria: Ask Prof.

DescriptionNational Security: Counterterrorism is an in-depth look at counterterrorism in the United States. Examines the competing conceptions and definitions of terrorism at the national level and the institutions and processes designed to execute the national security on terrorism. Includes the study of the balance between national security interests and civil liberties found in the following topical areas: relevant Supreme Court decisions, legislative provisions in response to acts of terrorism, operational counter-terrorism considerations (including targeted killing), intelligence gathering (including interrogations), policy recommendations, the use of military tribunals or civil courts in trying suspected terrorists, the emerging law regarding enemy combatants and their detention, and the arguable need for new self-defense doctrines at the global level.

*Last Updated Spring 2017

Negotiations
  • Class Number: 3702; Catalog Number- LAW 656, 06A (Athans)  
  • Class Number: 3703; Catalog Number- LAW 656, 06B (Eldridge)
  • Class Number: 3819; Catalog Number- LAW 656, 06C (Lytle-Perry)  

Credit: 2 Hours

Instructor(s): Prof. Athans, Michael; Prof. Eldridge, David; & Prof. Lytle-Perry, Courtney

Prerequisite: None

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

Note: 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 the development of a negotiation strategy, reflective written memoranda required.

*Last Updated Spring 2018

Patent Invention Disclosure

Class Number: 5399; Catalog Number- LAW 757, 001

Credit: 2 hours

Instructor(s): Prof. Morris, Nicole & Dr. Guldberg, Robert

Prerequisite: IP Survey or Patent Law (prereq or concurrently); Patent Bar Admission Preferred

Selection: https://emorylaw.wufoo.com/forms/preselection-for-pro-bono-in-practice/ 

Enrollment: Limited to 4 Students!

Grading Criteria: Ask Prof. Morris

DescriptionThis course is a collaboration with Parker H. Petit Institute for Bioengineering & Bioscience (“IBB”) at Georgia Tech and it is a practicum course designed to acquaint students with many of the legal issues associated with obtaining an invention disclosure from inventors and preparing patent applications. These legal issues include novelty & non-obviousness requirements under the U.S. Patent & Trademark Office, understanding inventorship, the drafting of an invention disclosure and the inputs to prepare a patent application. The course will also provide students with a lawyering experiences working with inventors seeking assistance in preparing a patent application. Emory Law students will be paired with academic research teams from IBB who are preparing invention disclosures based on recent research results. The students and researchers will learn how the provisional patent application process can be applied to the researcher's results. The objective is to give participants an introduction to the legal problems they are likely to encounter during an invention disclosure discussion either as lawyers working with inventors as clients or in-house lawyers for an enterprise. Students will develop the client communication and interviewing skills during the invention disclosure process.
At the conclusion of the course, students will be expected to produce a legal memo that the inventors can use in their respective intellectual property right pursuits. These memos will be confidential to the Emory and Georgia Tech institutions.

*Last Updated Spring 2018

Patent Practice and Procedure

Class Number: 5338; Catalog Number- LAW 756, 00B

Credit: 3 Hours

Instructor(s): Prof. Kirsch, Gregory

Prerequisite: IP & Patent Law

Grading Criteria: Ask Prof. 

Description: This course introduces the students to the fundamentals of patent practice before the U.S. Patent Office (USPTO), by focusing on the drafting of patent claims, patent specifications and responses and amendments to Office Actions, as well as undertaking patent clearance studies.  In addition to learning such skills, students will become familiar with the U.S. patent statutes, USPTO regulations, case law and customs and practice relating to drafting and pursuing patent applications to issuance through the Patent Office.

The course has two primary components:  (1) lectures that introduce the students to the subject matter to be studied, and (2) practical skills-oriented homework and in-class exercises that will allow the students to hone their patent practice skills.

*Last Updated Spring 2016

Practical Lawyering Skills: Pro Bono in Practice Practicum

Class Number: 5778; Catalog Number- LAW 630A

Credit: 2 hours

Instructor(s): Prof. Babcock, Sarah

Prerequisite: Evidence (concurrently ok) & must become certified under Student Practice Act.

Selection: https://emorylaw.wufoo.com/forms/preselection-for-pro-bono-in-practice/

Enrollment: Limited to 12 Students!

Grading Criteria: See description below, second paragraph.  

Description: This practicum will introduce students to the concept of using pro bono work to develop skills that can be leveraged for success in the private law firm context.  Students will experience pro bono work as a “win-win” – they will see the impact for the clients served, and they will develop skills through the course and its' live lawyering experiences that will assist them in all areas of their future practice. The first section of the course will cover some of the ethical and professional reasons supporting pro bono work, as well as the “business case” for pro bono and common criticisms of modern pro bono practice. In the second section of the course, students will learn about the daily realities of poverty and the challenges those realities present to attorneys representing low-income clients, will develop their own “Best Practices for Pro Bono Practice,” and will use simulations to learn client management, communication, counseling, and interviewing skills. Finally, the last section of the course will include a mock client interview and two mock trials – eviction defense and temporary protective order (TPO) – in preparation for each student’s pro bono representation of an actual client in one of those areas (under supervision of an attorney).

This is a two-credit course, graded pass/fail. Evaluation will be based on each student’s “Best Practices for Pro Bono Practice,” in-class reflective activities, the live lawyering experiences (relying in part on evaluation submitted by the supervising attorneys), and a reflective essay on those experiences.

*Last Updated Spring 2018

Religion, Culture, and Law in Comparative Practice

Class Number: 3810; Catalog Number- LAW 711, 001

Credit: 2 hours

Instructor(s): Prof. Ludsin, Hallie

Prerequisites: None

Grading Criteria: Short Weekly Assignments & 24-hour Take-home Final Exam

Description: Debates rage worldwide over what role religion and culture should play in law and governance and whether granting them a role conflicts with democratic principles. Increasingly, religious and ethnic groups are demanding that religious and cultural practices form the basis of the legal system or, at the very least, a separate legal system governing only their members. Western policymakers are finding it difficult to respond to these claims. While they see them as possibly antithetical to the principles of tolerance and equality built into liberal democratic theory, there is something uncomfortable about rejecting these demands when they come from a majority of a population or from a minority group that has suffered severe discrimination. This course will explore the issues that arise in the debates about the appropriate role for religion and culture in democratic governance. It will examine different models for incorporating religion and culture into law as well as at models that wholly reject this incorporation using case studies from the US, Europe, Asia, and Africa.

*Last Updated Spring 2018

Remedies

Class Number: 5339; Catalog Number- LAW 741, 00D

Credit: 3 Hours

Instructor(s): Prof. Partlett, David

Prerequisite: None

Grading Criteria: Scheduled Final 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.

*Last Updated Spring 2015

Secured Transactions

Class Number: 3795; Catalog Number- LAW 713, 10A

Class Number: 5361; Catalog Number- LAW 713, GRAD; This is an online course and is only open to JM students.

Credit: 3 Hours (1 hour- GRAD)

Instructor: Prof. Pardo, Rafael & Ahdieh, Robert (GRAD Section)

Prerequisite(s): None

Grading Criteria: Participation & Scheduled Final Exam

DescriptionThis 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.

(GRAD) Description: Secured Transactions is a study of personal and commercial financing by loans and credit sales under agreements creating security interests in the debtors’ personal property (Article 9 of the UCC and relevant provisions of the Bankruptcy Code).

*Last Updated Spring 2018

Securities: Brokers/Dealers

Class Number: 3792; Catalog Number- LAW 673, 06A

Credit: 3 Hours

Instructor(s): Prof. Terry, Bob

Prerequisite: None

Grading Criteria: Participation & Scheduled Final Exam

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 regime, 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. 

*Last Updated Spring 2018

Special Topics in Technology Commercialization II

Class Number: 3729; Catalog Number- LAW 892, 04A

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

Credit: 3 Hours

Instructor(s): Prof. Morris, Nicole 

Prerequisite: None

Grading Criteria: Participation 

Description: Special Topics in Technology Commercialization provides students with an opportunity to apply what has been learned in the Fundamentals of Innovation I and II courses. Students will work in the teams formed during the first year to continue work on the PhD team member’s technology. Students will also work on a project with the Advanced Technology Development Center (commonly known as ATDC) or Venture Lab.  

*Last Updated Spring 2017

Sports Law

Class Number: 3862; Catalog Number- LAW 696; This is an online course and is only open to JM students.

Credit: 3 Hours

Instructor(s): Prof. Ahdieh, Robert

Prerequisite(s): None

Grading Criteria: TBA

Description: Sports Law considers issues in both intercollegiate and professional sports with an emphasis on constitutional law; tort and criminal law; antitrust, labor law, and other issues of law in the field of sports, such as considerations of Title IX, drug testing, violence, and the role of agents.

*Last Updated Spring 2017

Tax Controversies

Class Number: 3772; Catalog Number- LAW 641, 04A

Credit: 2 Hours

Instructor(s): Prof. Craft, Shannon (Loechel)

Prerequisite: Fundamentals of Income Tax

Grading: Mid-Semester Paper & Scheduled Final 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 the 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.

*Last Updated Spring 2018

The Professional Narrative in Practice

Class Number: 3833; Catalog Number- LAW 574X, SOTO

Class Number: 3290; Catalog Number- LAW 574X, YATE

Credit: 1 hour

Instructor(s): Prof. Soto, Ragi & Prof. Yates, Greg

Prerequisite: None 

Enrollment: Limited to 25 Students per Section! Department Consent Needed!

Grading Criteria: Participation; Assignments; & Final Assignment 

DescriptionProfessional Narrative in Practice will help students develop their professional "story" through the creation of job search materials, graded exercises, and small-group interaction in class.  In addition, the course will include a large component aimed at assisting students with an international background or interest and will address the cultural challenges of searching for a job and practicing law in a foreign country.  The course will be open to students who have secured (or are actively pursuing) a position as a law clerk, legal intern, or summer associate in a country other than their home country.  This course will require that students complete a legal internship and a submit a post-internship personal assessment and evaluation.  Students are eligible for one pass/fail credit.

*Last Updated Spring 2018

Topics and Strategies in Civil Litigation

Class Number: 5396; Catalog Number- LAW 750, 001

Credit: 2 Hours

Instructor(s): Prof. Zwier, Paul

Prerequisite:  Ask Prof.

Grading Criteria: Ask Prof.

Description: Ask Prof.

*Last Updated Spring 2018

Transnational Criminal Litigation Practice

Class Number: 3877; Catalog Number- LAW 732C

Credit: 2 Hours

Instructor(s): Prof. Ramirez, Shannon & Prof. Pearce, Brian

Prerequisite: None. (Criminal Law is highly recommended)

Grading Criteria: Participation & Final Paper

DescriptionTransnational criminal litigation describes the intersection of two or more domestic criminal justice systems across international borders—unlike international crime, which refers to wrongs that are criminalized under international law and sometimes tried by international tribunals, whether or not they are also criminalized in states’ domestic laws.We will examine the fundamental concepts and principles of domestic criminal law in the United States occurring across national boundaries and apply this knowledge to current problems.Topics covered include:extradition and rendition,extraterritorial application of the United States criminal law on matters such as public corruption and human trafficking, cross-border evidence-gathering, counterterrorism, special jurisdiction treaties, and immunities.This practical course will enable you to respond to issues in the news today, such as Turkey’s request to extradite cleric Fethullah Gulen or Julian Assange’s fear of rendition and prosecution for the activities of WikiLeaks.

*Last Updated Spring 2018

Trial Techniques

Class Number: 3734; Catalog Number- LAW 671

Credit: 2 Hours

Instructor(s): Prof. Ginsberg, Mike and Prof. Lott, Rhani

Note: This course is required for all 2L Students. Also, students will meet with their teams/groups on the following dates: February 2, February 23, March 2, and March 23 from 1:30 pm to 4:30 pm. DO NOT register for a conflicting class!

Description: The Kessler-Eidson Trial Techniques Program is a required course that focuses on integrating knowledge of substantive evidence with practical trial skills through a "learn-by-doing” format.  Trial experience is supplemented by a textbook, lectures, and discussions. Students will develop theories for particular witness examinations, decide on appropriate approaches to bring out the facts consistent with their theories, prepare witnesses, and conduct direct and cross-examinations using current courtroom technology in the use of exhibits.

The program consists of two sessions:

  • Spring Semester: Friday afternoon preparatory workshops at downtown Atlanta law firms and public law offices. Students work closely with experienced trial lawyers in groups as small as six to eight students per trial instructor.
  • May Session (May 5-11): Emory Law hosts 80 nationally known trial lawyers, judges, and trial teachers who bring their different styles and regional perspectives to aid in students’ growth and development as advocates, resulting in an 8 to 1 student/trial instructor ratio. The May session includes seven days of intensive workshops on trial techniques, during which each student will conduct a Daubert Hearing and try a jury trial.

Pedagogical Goals

  1. Integrate case analysis and relevance to provide an improved understanding of each and their critical relationship to one another.
  2. Teach hearsay and character evidence concepts in the context of direct and cross-examination.
  3. Provide practice at building evidentiary foundations, authenticating exhibits, and making and refuting objections to better understand the Federal Rules of Evidence on original writings, authentication, relevance, and hearsay and to help bring about a better chain of custody foundations.
  4. Develop a greater sensitivity for the understanding of audience and the relationship to the development of theories and themes through jury voir dire exercises.
  5. Strengthen the art of persuasiveness in the presentation of evidence through exercises that familiarize and build confidence in the use of technology to display exhibits.

Absences

Attendance throughout the program is MANDATORY and program sessions cannot be missed without an excused absence.  Excused absences will not be granted for the hearing or trial day during the May session, May 8 and 11, as you must serve on those days either as trial counsel or as a witness.  An excused absence cannot exceed more than 4 hours of class time (either one spring semester workshop or half a day during the intensive May session).
 
Any unexcused absence or more than one excused absence may result in students receiving a grade of incomplete in the program and repetition of all or a portion of the program may be required the following year.

*Last Updated Spring 2018

Turner Environmental Law Clinic 

Class Number: 3731; Catalog Number- LAW 697C

Credit: 3 hours

Instructor(s): Prof. Goldstein, Mindy

Prerequisite: Environmental Advocacy (Prerequisite or Co-requisite)

Grading Criteria: Based on individual student performance on various projects assigned. 

Description: The Turner Environmental Law Clinic provides important pro bono legal representation to individuals, community groups, and nonprofit organizations that seek to protect and restore the natural environment for the benefit of the public. Through its work, the clinic offers students an intense, hands-on introduction to environmental law and trains the next generation of environmental attorneys.

Each year, the Turner Environmental Law Clinic provides over 4,000 hours of pro bono legal representation. The key matters occupying our current docket – fighting for clean and sustainable energy; promoting sustainable agriculture and urban farming; and protecting our water, natural resources, and coastal communities—are among the most critical issues for our state, region, and nation. The Clinic’s students benefit and learn from immersion in these real-world complex environmental representations.

*Last Updated Spring 2016

Water Resources Law

Class Number: 5345; Catalog Number- LAW 617

Credit: 3 Hours

Instructor(s): Prof. Thompson, Andrew & Prof. Moore, David

Prerequisite: None

Grading Criteria: Participation; Take-home projects; & Scheduled Final Exam 

DescriptionThis course will explore various themes common in the practice of environmental and natural resources law, including administrative and civil litigation, permitting, and regulatory development, focusing in the area of water as a resource and water pollution control.  The class will cover concepts in the traditional riparian and prior appropriation rights; the federal Clean Water Act permitting program; drinking water, coastal and wetland protection programs; transboundary water disputes; as well as the environmental and natural resource problems concerning water quality protection.  Both the statutory language and theoretical application of the issues will be explored with a particular emphasis on the litigation of water issues. 

Judicial Opinion Writing: Writing for the Judicial Chambers 

Class Number: 3820; Catalog Number- LAW 649

Credit: 2 Hours

Instructor(s): Prof. Parrish, Robert

Prerequisite: None

Grading Criteria: Paper (Does not satisfy Writing Requirement)

Description: This course will introduce students to the process and practicalities of writing within the context of serving as an appellate court judicial clerk.  The course will explore many topics through assigned readings and class discussion including:  the shifting tone from that of an advocate to that of a decision maker; how the drafting and editing responsibilities are divided between judge and clerk; the ways in which race, gender, religion, past legal background affect judicial decision making; as well as the nuts and bolts of the judicial opinion writing process.

Students will apply what is learned in class to write three pieces during the semester—all within the context of working within an appellate judicial chamber.  During the course of the semester, students will write a bench memo, a majority opinion, and a dissenting opinion, which shall be based on the briefs and record in an assigned case.  Thus, those seeking to learn more about the work of judicial clerks or interested in pursuing a clerkship after graduation will get a working familiarity of the unique work and experience of writing within a judicial chamber.

*Last Updated Spring 2016

SEMINAR: Animal Law

Class Number: 5340; Catalog Number- LAW 837

Credit: 3 Hours

Instructor(s): Prof. Satz, Ani

Grading Criteria: Paper (Satisfies Upper-Level Writing Requirement)

Prerequisite: None

Pre-selection formhttps://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/  

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 yards, 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, companion animal abuse, breed discrimination, exotic pets and public health, veterinary malpractice, farm animals, hunted and poached animals, exhibited animals, service and emotional support animals, police and military dogs, exhibited and entertainment animals, laboratory animals, animals used for fiber and medicine, animals and religious freedom, and animal trusts and custody. 

*Last Updated Spring 2018

SEMINAR: Critical Race Theory

Class Number: 3856; Catalog Number- LAW 811

Credit: 3 Hours

Instructor(s): Prof. Brown, Dorothy

Grading Criteria: Participation & Paper (Satisfies Upper-Level Writing Requirement)

Prerequisite: Completion of 1st Year of law school

Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/  

Enrollment: Limited to 15 Students!

DescriptionCritical Race Theory centers race and racism at the center of American law. This class will examine racial biases in judicial decisions, particularly those covered in the first year of law school: Torts; Contracts; Criminal Procedure; Criminal Law; Property; and Civil Procedure. Each student participant will be required to take the Implicit Association Test on Race prior to the first class.

*Last Updated Spring 2018

Seminar: Criminalization of Poverty

Class Number: 5393; Catalog Number- LAW 834

Credit: 3 hours 

Instructor(s): Prof. Smith, Fred

Grading Criteria: Paper (Satisfies UpperLevel Writing Requirement)

Prerequisite: None

Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/  

Description: This seminar will explore lawsuits in which the core claim is that a plaintiff's lack of wealth is the cause of her detention or punishment.  Students will read pleadings, opinions, and supporting materials from cases challenging: (1) rigid bail schedules; (2) aggressive collection of fees and fines;  and (3) regimes in which a core actor purportedly has a pecuniary interest in a plaintiff's incarceration, punishment, or conviction.  The seminar will expose students to a mix of substantive and procedural law.  Substantively, students will learn about the ways that wealth classifications interact with the Equal Protection and Due Process Clauses.  Procedurally, students will gain exposure to doctrines such as abstention, qualified immunity, sovereign immunity, and Section 1983.

*Last Updated Spring 2018

SEMINAR: Equality and the 14th Amendment

Class Number: 5304; Catalog Number- LAW 825

Credit: 3 hours

Instructor(s): Prof. Woodhouse, Barbara

Pre-requisite: Constitutional Law

Pre-selection formhttps://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/  

Grading Criteria: Class Participation & Final Research Paper (Satisfies Upper-Level Writing Requirement)

Description: This seminar will explore the history of the 14th Amendment’s equal protection clause, and how changing political and social understandings of equality have shaped U.S. constitutional doctrine, and have played out in contemporary law and society.  We will discuss assigned historical, legal and social science readings and students will research and present a paper on topic of their choice implicating issues of equality and exploring the persistence and effects of inequality.  Papers will be eligible for writing credit.

*Last Updated Spring 2018

SEMINAR: Family Law- From Partners to Parents

Class Number: 5342; Catalog Number- LAW 823, 00E

Credit: 3 Hours

Instructor(s): Prof. Fineman, Martha

Prerequisite: None

Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/  

Grading: Paper (Satisfies UpperLevel Writing Requirement)

Enrollment: Limited to 16 students!

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.

*Last Updated Spring 2015

SEMINAR: First Amendment- Free Speech

Class Number: 5443; Catalog Number- LAW 814, 02A

Credits: 3 hours 

Instructor(s): Prof. Kang, Michael  

Prerequisite: None

Pre-selection formhttps://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/

Grading: Participation & Written Papers (Satisfies UpperLevel Writing Requirement)

Enrollment: Limited to 14 Students!

Description: Ask Prof.

*Last Updated Spring 2018

SEMINAR: International Environmental Law

ClassNumber: 5343; Catalog Number- LAW 843, 00F

Credit: 3 hours 

Instructor(s): Prof. Samandari, Atieno

Prerequisite: None

Pre-selection formhttps://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/

Grading Criteria: Participation & Seminar Paper (Satisfies Upper-Level Writing Requirement)

Enrollment: Limited to 16 Students!

Description: This seminar will examine the development of international environmental law (IEL), focusing on the major areas of global environmental protection including climate change and biodiversity loss. The course will analyze the theoretical underpinnings of the regime, including sustainable development, the “polluter pays” principle, precaution, and vulnerability among others and also examine social justice aspects of environmental interventions. The aim will be to understand the current trajectory of international environmental law and discuss possible frontier approaches that can advance global cooperation for conserving and protecting Earth’s environment.

*Last Updated Spring 2018

SEMINAR: Law and Vulnerability

Class Number: 5344; Catalog Number- LAW 833, 00D

Credit: 3 Hours 

Instructor(s): Prof. Fineman, Martha & Prof. Samandari, Atieno

Grading Criteria: Paper (Satisfies Upper-Level Writing Requirement)

Prerequisite: None

Pre-selection formhttps://emorylaw.wufoo.com/forms/lsr-fall-2016-seminar-preselection/ 

Enrollment: Limited to 16 students!

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 a 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.

*Last Updated Spring 2016

SEMINAR: Markets for Law

Class Number: 3806; Catalog Number- LAW 824, 02A

Credit: 3 Hours

Instructor(s): Prof. Ahdieh, Robert

Prerequisite: None

Pre-selection formhttps://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/

Enrollment: Limted to 14 students!

Grading Criteria: Paper (Satisfies Upper-Level Writing Requirement). 

DescriptionThis 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, the 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.

*Last Updated Spring 2018

SEMINAR: The Right to Go to War- The Legality of Armed Interventions 

Class Number: 5341; Catalog Number- LAW 806A

Credit: 3 Hours

Instructor(s): Prof. Van der Vyver, Johan 

Grading Criteria: Paper (Satisfies Upper-Level Writing Requirement) 

Prerequisite: None

Pre-selection formhttps://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/

Enrollment: Limited to 14 Students!

Description: For many years now, the international community of states has attempted to place an embargo on the use of force as a means of settling international disputes. Article 2(3) of the Charter of the United Nations thus provides: “All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.” The UN Charter authorized military action in two instances only, namely (a) if the Security Council authorizes an armed intervention as a means of counteracting a situation that constitutes a threat to the peace, a breach of the peace, or an act of aggression (art. 42), and (b) as a matter of individual or collective self-defense if an armed attack occurs against a Member of the United Nations (art. 51). This raises the question whether or not the UN Charter deals comprehensively with instances of armed conflicts that would be lawful under contemporary rules of international humanitarian law.

The United Nations itself recognized armed interventions not mentioned in the UN Charter, for example in the Uniting for Peace Resolution of 1950 affording to the General Assembly the competence to authorize military action to counteract a breach of the peace or an act of aggression, by supporting wars of liberation against colonial rule, foreign occupation, or a racist regime, and by extending the provisions of Article 51 to legalize pre-emptive self-defense action. There is furthermore overwhelming support for upholding the legality of humanitarian intervention to protect a population from acts of supreme repression by their own government. Currently, the ISIS crisis has prompted the development of an emerging norm of jus ad bellum which contemplates the legality of an armed intervention against perpetrators of terrorism if the Government of the State from which those acts of terror violence are being launched is either unwilling or unable to counteract the atrocities.

In laboring the above principles of law, reference will be made to (a) armed interventions authorized by the Security Council (the Korean War, Operation Desert Storm and airstrikes in Libya,); instances of humanitarian interventions (NATO airstrikes in Serbia, and military interventions in Syria contemplated by France, the United Kingdom, and the United States following the use of chemical weapons by the Syrian Government against rebel groups in that country); and acts of aggression committed by the United States (in Nicaragua in the 1980’s pursuant to the Reagan Doctrine, and the Gulf War of 2003), and by the Russian Federation (in Georgia and in Ukraine).

A special emphasis of the seminar is the current state of affairs relating to the prosecution of the crime of aggression in the International Criminal Court.

Students are required to submit a 30-page essay on an approved topic within the confines of the seminar focus. The final draft must be handed in on before April 11.

Textbook: Johan D. van der Vyver, Acts of Aggression and Prosecuting the Crime of Aggression (2015).

*Last Updated Spring 2018

Updated as of 8/10/2017.

*Course availability is subject to change.

LAW 679, 04A.  Access to Justice Practicum  

Class Number5102

Credits: 2 hours

Instructor(s): Prof. Costa, Jason

Prerequisite: Criminal Law

Enrollment: Limited to 10 Students!

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 under-served populations access justice within the framework of the traditional criminal justice system, and the increasing role of accountability courts for defendants -suffering from 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 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.

Please note: any students who have previously or are currently interning or doing a field placement with the State Court Division of the Law Office of the DeKalb County Public Defender will be ineligible for this course.  Additionally, this course cannot be taken concurrently with an internship or field placement in the DeKalb County Solicitors or District Attorney¿s Office as it would cause a professional conflict.

*Updated as of Fall 2017

LAW 847, 06A. Advanced Civil Trial Practice

Class Number5098

Credits: 2 hours

Instructor(s): Prof. Wellon, Robert

Prerequisite: Evidence & Trial Techniques

Grading Criteria: Class Work & Mock Trial 

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 videotape 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.

*Updated as of Fall 2015

LAW 617A. Advanced Commercial Real Estate

Class Number5159

Credits: 3 hours

Instructor(s): Prof. Minkin, David

Prerequisite: Real Estate Finance (recommended)

Grading Criteria: Classwork & Take-Home Exam 

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, from documentation applicable to many areas of commercial real estate, and relevant articles.

*Updated as of Fall 2017

LAW 657, 02A. Advanced Legal Research

ACCELERATED CLASS (Check OPUS for Dates)

Class Number: 5143

Credits: 1 hour

Instructor(s): Prof. Reid, Richelle

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.

*Updated as of Fall 2017

LAW 648, 04A. Advanced Legal Writing & Editing

Class Number5111 (Main Class Only; Lab times/dates will be scheduled at a later date, for now, enroll in the lab placeholder- LB2)

Credits: 2 hours (Pass/Fail Only)

Instructor(s): Prof. Terrell, Tim

Prerequisite: None

Grading Criteria: Take-home Final Exam. 

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). A frequent misconception about this course is that it is merely an extension of your experience in ILA. It is not. It will instead often challenge you to reconsider approaches to writing guidance that you have may previously encounter.

The course consists of two components. First, everyone enrolled will meet once a week on Monday afternoon for 1 1/2 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. Second, 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 for an hour, during which the course materials, and additional examples, will be discussed, and editing exercises will be assigned.

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, that means you) react to documents written by others. That experience 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. This class will not count towards satisfying your Upper-Level Writing Requirement. 

*Updated as of Fall 2017

LAW 605 Alternative Dispute Resolution

3 Sections:

Law 605, 04A. Alternative Dispute Resolution; Class Number5085

Law 605, 05A. Alternative Dispute Resolution; Class Number5086

Law 605, GRD. Alternative Dispute Resolution (JM/LLM only); Class Number: 5224 

Credits: 3 hours

Instructor(s): Profs. Allgood, John & Armstrong, Phil

Prerequisite: None

Note: Students who have taken Negotiations either in the Law School or Business School cannot take this course!

Grading Criteria: Take-home Final Exam (Armstrong & Allgood)

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.

*Updated as of Fall 2017.

LAW 560 American Legal Writing, Analysis, & Research I

2 Sections:

Law 560, GRD1. American Legal Writing, Analysis & Research I; Class Number: 5150

Law 560, GRD2. American Legal Writing, Analysis & Research I; Class Number5185

NOTE: OPEN ONLY FOR FOREIGN-EDUCATED LLM STUDENTS

Credits: 2 hours

Instructor(s): Daspit, Nancy

Prerequisite: None

Grading Criteria: Paper

Description: This course introduces students to the concepts of legal analysis and the techniques and strategies for legal research, as well as the requirements and analytical structures for legal writing in the American common law legal system.

*Updated as of Fall 2017

LAW 560B, GRD. American Legal Writing, Analysis, & Research II

Class Number5195

NOTE: This class is open only to foreign-educated LLMs only

Credits: 1 hour

Instructor(s): Prof. Daspit, Nancy

Prerequisite: None

Grading Criteria: Paper

Description: This course continues the study of legal analysis, research, and writing for practice in the American common law system. The topics covered include client letters, pleadings, and persuasive writing, along with enhanced instruction covering legal citation and advanced legal research sources and techniques.

*Updated as of Fall 2017

LAW 590, 000. Analysis, Research, and Communications for Non-Lawyers (JM)

Class Number: 5192

Class Number: 5754 (Online Only Section)

Credits: 2 hours

Instructor(s): Profs. Daspit, Nancy & Christian, Elizabeth; and Prof. Romig, Jennifer (Online Section)

Prerequisite: None

Grading Criteria: Regular Assignments & Final Project

Description: This course will provide an introduction to legal analysis, research and effective legal writing. Students will be introduced to the fundamentals of legal analysis and the structure of legal information. Students will learn how to navigate multiple legal resources to discover legal authority appropriate for different types of legal analysis and communications. Students will learn the concepts of effective legal analysis and will develop the skills necessary to produce objective legal analyses.

*Updated as of Fall 2017

LAW 716, 10A. Bankruptcy

Class Number: 5084

Credits: 3 hours

Instructor(s): Pardo, Rafael

Prerequisite: None

Grading Criteria: Final 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.

*Updated as of Fall 2017.

LAW 635D, 000. Barton Appeal for Youth Clinic

Class Number: 5140

Credits: 3 hours

Instructor(s): Prof. Reba, Stephen

Prerequisite: None

Grading Criteria: Group work (based on individual student)

Description: Students in the Appeal for Youth Clinic represent inmates serving lengthy sentences in Georgia's prisons for offenses they allegedly committed as children. Students engage in habeas corpus and trial court litigation attacking inmates' convictions and sentences. Students should have an interest in criminal procedure, juvenile law, and/or social justice. 

*Updated as of Fall 2017

LAW 635C. Barton Child Law and Policy Clinic

Class Number: 5078

Credits: 3 hours

Instructor(s): Prof. Carter, Melissa

Prerequisite: Students must have taken or be concurrently enrolled in the two-credit class: Child Welfare Law & Policy. This requirement may be waived for students with demonstrable prior experience in child advocacy, including the Emory Summer Child Advocacy Program.

Grading Criteria: Assessment of individual student performance and overall contribution to the clinic; Assigned projects; and Project teams based on a set of established criteria

Description: The Barton Clinic is an in-house policy clinic dedicated to providing research, training, and support to the public, the child advocacy community, leadership of state child-serving agencies, and elected officials in Georgia. Students in the clinic work in teams to conduct extensive research, gather data and stakeholder perspective, analyze law-making authority, identify options for changing policy, plan strategies, and assist organizational clients in efforts to improve the juvenile court, child welfare, and juvenile justice systems.  Approximately 9 law and other graduate students are selected each semester to participate in the clinic.

Applications are accepted prior to pre-registration (watch for notices of the application deadline). Students must submit a resume, a statement of interest, an unofficial transcript, and a writing sample.

Detailed course information is on the Clinic website:  http://www.bartoncenter.net 

*Updated as of Fall 2017

LAW 500X. Business Associations

Class Numbers: (001) 5142; (002) 5240  

Credits: 3 hours

Instructor(s): Profs. Freer, Rich & Georgiev, George

Prerequisite: None

Grading Criteria: Final 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.

*Updated as of Fall 2015.

LAW 658, 000. Capital Defender Practicum

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

THIS PRACTICUM WILL REQUIRE A YEAR-LONG (two semester) COMMITMENT

Class Number: 5125

Credits: 3 hours

Instructor(s): Prof. 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 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 are 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.

*Updated as of Fall 2017

LAW 698B. Child Protection & International Human Rights

Class Number: 5749

Credits: 3 hours

Instructor(s): Dr. Liwanga, Roger-Claude

Prerequisite: None

Grading Criteria: Attendance, participation, written and oral assignments; and Final Paper.

Description: Despite the proliferation of international human instruments on the protection of children, there are several million children worldwide who are subjected to hazardous labor, sexual exploitation, trafficking, female genital mutilation and/or illegal judicial detention.  The course will: examine the legal framework on child protection; explore the different factors challenging the child's rights protection; analyze child vulnerability cases; and evaluate the needs of children exposed to exploitation. The course will also critically examine the policies and strategies that aim to create a protective environment for children at the international, federal and state levels. The course will start with an introduction to the concept of child protection and its scope. Different violations of children's rights, including child labor, child trafficking, child sexual exploitation, child soldiering, child persecution and child illegal detention will be covered as well.

The course will consist of lectures and/or practically oriented seminars during which students will work on case resolution and presentation of their results. There will be specialized guest speakers during the course who will expand on the various aspects and dilemmas in responding to children's rights violations. Students will acquire an in-depth theoretical knowledge enabling them to understand the importance of child protection rights. At the end of the course, students will equally be able to critically evaluate the comprehensiveness of the existing child protection laws and propose policies improving the mechanisms of child protection. The course will also be useful for students desiring to work for State child protective services or international organizations and/or non-governmental organizations protecting vulnerable populations and providing humanitarian assistance in natural disasters and post-conflict settings. 

Students are expected to attend every class (with notification to instructor beforehand for an excused absence) and required to come to class prepared to discuss the day's readings. Attendance will be recorded on daily sign-in sheets. Class participation counts for 15% of the final grade. One written assignment (approximately 2000 words in length plus footnotes in the correct citation form) counting for 25% of the overall total will be required. Additionally, an oral presentation on key concepts discussed during the course counting for 20% of the overall total will be demanded. Finally, students will submit a long essay (about 4000 words in length plus footnotes in the correct citation form) counting for 40% of the course grade, which will be in lieu of an exam. 

*Last Updated Fall 2017

LAW 635, 02A. Child Welfare Law and Policy

Class Number: 5120

Credits: 2 hours

Instructor(s): Prof. Carter, Melissa

Prerequisite: Graduate Standing

Grading Criteria: Attendance, 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 the 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.

*Updated as of Fall 2017 

LAW 615, 000. Chinese Law 

Class Number: 5209

Credits: 2 hours

Instructor(s): Prof. Ruskola, Teemu

Prerequisite: None

Grading Criteria: Take-home Final Exam

DescriptionThis course is an introduction to the comparative study of Chinese law and legal thought.  It starts by analyzing the tradition of imperial Chinese law and its theoretical foundations and then turns to early twentieth-century law reforms and the introduction of socialist law and jurisprudence.  The course ends with the study of post-Mao law reforms and their implications for the future of Chinese law.  In addition to its substantive focus, the course considers methodological problems involved in the study of law across cultures.  Some of the general themes that run throughout the course include the following:   To what extent is the law a useful analytical category in Sino-American comparison?   How is law related to capitalism and socialism, and to culture and socio-economic organization more generally?  How and why has Chinese law changed over time?  What happens when "Eastern" and "Western" legal cultures come in contact with each other?

*Updated as of Fall 2017

LAW 860A, 02A. Colloquium Series Workshop

Class Number: 5123

Credits: 2 hours

Instructor(s): Prof. Levine, Kay

Selection: Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-colloquium-workshop-preselection-fall-2017/  

Prerequisite: None

Enrollment: Limited to 6 students only!

Grading Criteria: Weekly Papers

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 Thursdays. During each of these one-hour sessions, students discuss the colloquium work as a piece of scholarship (and as a 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 on 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 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 your prior experience with scholarship in an academic setting (law or otherwise).

*Updated as of Fall 2017

LAW 707. Comparative Law

Class Number: 5784

Credits: 3 Hours

Instructor(s): Prof. Ruskola, Teemu

Prerequisite: None

Grading Criteria: Participation; Weekly reflection papers; & Take-home Final Exam.

Description: This course is an introduction to the comparative study of the social, cultural, and intellectual phenomenon to which usually refer by shorthand as “law.”  Among other things, we will consider the basic jurisprudential differences between Anglo-American common law and continental civil law.  However, going beyond this traditional comparative framework, we will expand our focus geographically, outside the West, as well as historically, to analyze a variety of jurisprudential concepts in different periods.   Among other things, we will examine the jurisprudential foundations of various types of religious law and international law.  

Although the course will cover a wide range of topics, geographic areas, and time periods, its two main underlying themes will be the analysis of methodological problems in the cross-cultural and trans-temporal study of legal concepts.  Drawing on comparative jurisprudence, legal history, legal anthropology, and other areas of inquiry, the questions that we will attempt to answer include the following:  What is law?  Is it universally present in all societies?  Who gets to decide who was has law, and what are the normative implications of having, or not having, it?  Is law a useful analytical category in cross-cultural comparison?  How is law related to other aspects of culture and socio-economic organization?  How does law construct national subjects, racial subjects, and gendered subjects?  How and why does law change through time?  What happens when the legal institutions of different cultural groups come in contact with each other?  What happens when multiple legal orders coexist within one society?

*Updated as of Fall 2017

LAW 622A, 02A Constitutional Criminal Procedure: Investigations

Class Number: 5755

Credits: 3 hours

Instructor(s): Prof. Levine, Kay

Prerequisite: None

Grading Criteria: Class Participation & Final Exam

Enrollment: Limited to 80 Students!

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.

*Updated as of Fall 2017.

LAW 675, 04A. Constitutional Litigation

Class Number: 5096

Credits: 3 hours

Instructor(s): Prof. Weber Jr., Gerald 

Prerequisite: Constitutional Law (recommended) 

Grading Criteria: Assigned Papers

Description: An exploration of the substantive, ethical and strategic issues involved in litigating civil rights actions. This course will allow students to both learn basic principles of governmental liability/defenses and apply their knowledge of torts, constitutional law and civil procedure in a litigation setting.

*Updated as of Fall 2017

LAW 959. Courtroom Persuasion & Drama I

2 Sections:

Law 959, 02A; Class Number: 5080

Law 959, 02B; Class Number: 5079

Credits: 1 hour

Instructor(s): Prof. Metzger, Janet

Prerequisite: Evidence & Trial Techniques

Enrollment: Strictly limited to 12 students!

Grading Criteria: Class work & Final Exam (during regularly scheduled class time)

Note:Class is open only to 3Ls!

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.

*Updated as of Fall 2017 

LAW 622X. Criminal Pretrial Motions

Class Number: 5750

Credits: 3 hours

Instructor(s): Prof. Krepp, Thomas

Prerequisite: Constitutional Criminal Procedure: Investigations (can be taken concurrently)

Grading CriteriaIn-class Oral Advocacy Assignments, Written Advocacy Assignments, & 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 3 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.

*Updated as of Fall 2017

LAW 897. Directed Research

Class Number: Varies

Credits: 1-2 hours 

Instructor(s): Multiple (Adjunct & Assistant Professors must have full-time professors co-sponsor)

Prerequisite: None 

Grading Criteria: Based on supervising faculty's evaluations of Paper

Description: Directed research is an independent scholarly project of your own design, meant to lead to the production of an original work of scholarship. Once you have secured a faculty advisor and have defined your project, you should download the directed research form (see below). In this form, indicate whether you are seeking one unit (a 15 -age paper, double spaced, exclusive of endnotes, tables, appendices, etc.) or two units (a 30-page paper, double spaced, exclusive of endnotes, tables, appendices, etc.).

Complete information and the application form are available on the Students-Only web page »

LAW 659M, 04A. Doing Deals: Commercial Lending Transactions

Class Number: 5137

Credits: 3 hours

Instructor(s): TBA

Selection: Transactional Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the pre-reqs

Prerequisite: Business Associations, Contract Drafting, and Deal Skills (concurrent okay w/ Deal Skills Only)

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 Creditor's 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 borrower(s),  in an actual secured transaction from beginning to end (the "Secured Transaction") throughout the semester.

*Updated as of Fall 2017

LAW 659P, 05A. Doing Deals: Complex Restructuring and Distressed Acquisitions in Chapter 11

Class Number: 5105

Credits: 3 hours

Instructor(s): Prof. Payne, Sue; Adjunct professor

Selection: Transactional Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the pre-reqs

Prerequisite: Bankruptcy and Contract Drafting Prerequisite. For 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: 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.

*Updated as of Fall 2017

LAW 659A. Doing Deals: Contract Drafting

Class Numbers: 04A- 5108; 04B- 5088; 04D- 5124; 04F- 5133; 04G- 5134; 04H- 5135; 04I- 5138; 04J- 5139; 04K- 5148; 04L- 5132; 04M- 5178; 04N- 5196; 09A- 5141; 09B- 5200

Credits: 3 Hours

Instructor(s): Prof. Payne, Sue; & Adjunct Professors

Selection: Transactional Certificate Students have priority, any remaining seats will be made available during Open Enrollment.

Prerequisite: Business Associations (concurrent okay)

Enrollment: Limited to 12 students per section (Only 9 seats available during initial registration) 

Grading Criteria: Course Work

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.

*Updated as of Fall 2017

LAW 659B. Doing Deals: Deal Skills

Class Numbers: 04A- 5087; 04B- 5136; 04C- 5147; 04D- 5245

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

Credits: 3 hours

Instructor(s): Prof. Koops, Katherine & Adjunct Professors 

Selection: Transactional Certificate Students have priority, any remaining seats will be made available during Open Enrollment.

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

Enrollment: Limited to 12 students per section

Grading Criteria: Course Work

DescriptionDeal Skills builds on the skills and concepts learned in Contract Drafting and emphasizes the skills and thought processes involved in, and required by, the practice of transactional law.  The course introduces students to business and legal issues common to commercial transactions, such as M&A deals, license agreements, commercial real estate transactions, financing transactions, and other typical transactions.  Students learn to interview, counsel, and communicate with simulated clients; conduct various types of due diligence; translate a business deal into contract provisions; understand basic transaction structure, finance, and risk reduction techniques; and negotiate and collaboratively draft an agreement for a simulated transaction.   Classes involve both individual and group work, with in-class exercises, role-plays and oral reports supported by lecture and weekly homework assignments.  The course grade is based on homework, class participation, a negotiation project, and a comprehensive individual project.

*Updated as of Fall 2017

LAW 659F, 06A. Doing Deals: General Counsel

Class Number: 5144

Credits: 3 hours

Instructor(s): Adjunct Professor

Selection: Transactional Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the pre-reqs may try to enroll during Open Enrollment.

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 okay only w/Deal Skills).

Grading Criteria: Coursework

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 the 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, a letter of intent, an employment agreement, a Master Services Agreement, and a Stock Purchase Agreement.

*Updated as of Fall 2017

LAW 659I. Doing Deals: International Capital Transactions

Class Number: 5809

Credits: 3 hours

Instructor(s): Prof. Smith, Nate

Selection: Transactional Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the pre-reqs may try to enroll during Open Enrollment.

Prerequisite: Business Associations (concurrent NOT okay); Contract Drafting (concurrent NOT okay); Deal Skills (concurrent ok). Recommended Prerequisites/Co-requisites: Securities Regulation & Corporate Finance.

Enrollment: Limited to 12 Students!

Grading Criteria: Participation in Simulated Transactions; Written Assignments; & Participation. No Exam.

Description: This course simulates the work that would be done by a law firm associate raising capital in a large international transaction. Topics will include associate etiquette and success skills; deal structuring; U.S. federal securities law registration requirements and exemptions (with a focus on Rule 144A and Regulation S); due diligence; the purpose and content of various sections of an Offering Memorandum; provisions of the securities purchase agreement; addressing aspects of local law in foreign jurisdictions; comfort letters; opinion practice; the closing process; and ethics and professionalism issues relating to international deals.  Student performance will be assessed based on class participation, in-class exercises, written homework assignments and a final project.

*Updated as of Fall 2017

LAW 659N, 04A. Doing Deals: Intellectual Property Transactions

Class Number: 5121

Credits: 3 hours

Instructor(s): Prof. Lytle-Perry, Courtney

Selection: Transactional Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the pre-reqs may try to enroll during Open Enrollment. 

Prerequisite: Contract Drafting and Deal Skills (Deal Skills taken concurrently ok)

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 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. Due of the nature of this course, regular attendance is mandatory!

*Updated as of Fall 2017

LAW 659D, 04A. Doing Deals: Private Equity

Class Number: 5097

Credits: 3 hours

Instructor(s): Profs. Crowley, Kevin; & Furman, Kathryn

Selection: Transactional Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the pre-reqs may try to enroll during Open Enrollment.

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

Grading Criteria: Several group and individual assignments; Mid-term; & Final Exam

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.

*Updated as of Fall 2017

LAW 745. DUI Trials

Class Number: 5157

Credits: 3 hours

Instructor(s): Prof. Healy, Drew

Prerequisite: Evidence & Trial Techniques

EnrollmentLimited to 12 Students!

Grading Criteria: Participation and Final Trial Simulation

DescriptionOne 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 case files for motions and trial. Opening statements, direct and cross -examinations, and closing argument will be discussed and practiced. The 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.

*Updated as of Fall 2017

LAW 879L. E-Discovery & Litigation Technology

Accelerated Course (Check OPUS for dates)

Class Number: 5756

Credits: 1 hour

Instructor(s): Prof. Grounds, Alison

Prerequisite: Civil Procedure 

Grading Criteria: Class attendance, active class participation, reading assignments, timely submission of take-home assignments, and the quality of such assignments. Additionally, students will be grouped into teams to collaborate on in-class exercises. 

Description: Lawyers must understand and use technology to stay relevant and meet client needs in the era of Big Data. This course is designed to help law school students understand the crucial role that eDiscovery plays in litigation and governmental investigations as well as the type of skills needed to practice law in today’s digital age.  The law and technology relevant to eDiscovery are constantly changing. This course focuses on how courts, practicing lawyers, and clients address discovery challenges related to electronically stored information. Understanding the basics of electronically stored information including both the technology and the applicable law is critical whether you want to work as a litigator, in-house counsel, or in a governmental agency. 

The primary focus of this course is on the substantive law associated with electronic discovery and the technical aspects of preserving, retrieving, protecting, analyzing, and producing electronic data.  This course is interactive and collaborative in nature and will be taught by a leading eDiscovery lawyer and will include guest speakers from the litigation technology community, such as computer forensics experts, software specialists, and other practicing eDiscovery lawyers.  Topics of discussion will include: the effect of electronically stored information on litigation, data preservation, and "litigation holds," an overview of the revised Federal Rules of Civil Procedure, spoliation, and sanctions related to data and production, technology-assisted review, and ethical issues related to lawyers and technology.

Course Objectives:

This course is designed to accomplish three primary objectives:

  • Provide students with a strong foundation in the substantive law of eDiscovery;
  • Provide students with a collaborative and ¿hands on¿ experience in various eDiscovery phases and tasks including drafting litigation holds, conducting client interviews to determine the technology needs of the case, using databases to analyzed client data, and applying the revised Federal Rules of Civil Procedure to electronically stored information;
  • Introduce students to the ethical and professional responsibility issues that arise in this field and the related sanctions that can be imposed on clients and lawyers. 

*Last Updated Fall 2017

LAW 574A. The Economics of Law Firm Practice

Accelerated Course (Check OPUS for dates)

Class Number: 5757

Credits: 1 hour

Instructor(s): Prof. Everett, Stephanie

Prerequisite: None

Grading Criteria: Participation & Take-home Final Short Paper

Description: This practice-oriented course introduces students to the typical structure of law firms, how they profit, and how they market themselves. Students will study the factors that determine law firm profitability for both large and small firms. Through case studies and hands-on exercises, students will come to understand variables of utilization and realization, the use of standard and alternative billing practices, the role of staff leverage, and how their contribution as junior attorneys can positively impact the firm. In addition, the class will discuss the economic forces impacting law firms today, how firms are responding, and how firms are branding themselves to beat the competition.

*Updated as of Fall 2017

LAW 662, 04A. Education Law & Policy

Class Number: 5758

Credits: 2 Hours

Instructor(s): Prof. Waldman, Randee

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.

*Updated as of Fall 2017

LAW 669X, 06A. Employment Discrimination Lab

Class Number: 5104

Credit: 1 Hour  (This class meets for 2 hours every other week. The dates will be announced during the first week of class.)

Instructor(s): Prof. Shultz, Chad 

Prerequisite: Employment Discrimination or Employment Law

Grading Criteria: Coursework

Enrollment: Limited to 8 students! JD Students Preferred. 

Description: The class will work through 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 led by Chad Shultz, 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 to prosecute and defend an employment case from start to finish.

*Updated as of Fall 2017

Law 668X, 000. Employment Law

Class NumberXXXX

Credits: 3 hours

Instructor(s): Prof. Weirich, Geoff

Prerequisite: None

Grading Criteria: Final Exam

Description: This three-hour course (similar to the previously offered 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).

*Updated as of Fall 2017

LAW 697, 04A. Environmental Advocacy Workshop

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

Class Number: 5083

Credits: 2 hours

Instructor(s): Profs. Goldstein, Mindy & Horder, Rick

Prerequisite: None

Grading Criteria: Workshop Projects, Simulations, & 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.

*Updated as of Fall 2017

LAW 620. European Union Law I

Class Number: 5189

Credits: 2 Hours

Instructor(s): Prof. Mickevicius, Henrikas & Prof. Tulibacka, Magdalena 

Prerequisite: None

Grading Criteria: Final Exam (60%), Short assignments (30%), & Participation (10%)

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. We will begin by reviewing the history of the European Communities and the genesis of the European Union. This will be followed by an analysis of 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 Member States, institutional makeup and the allocation of powers across its major institutions, sources and forms of EU law, lawmaking, recent developments in the protection of fundamental rights, 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.

Classes will combine lectures and interactive sessions where students will explore the case law of the Court of Justice of the European Union and national courts of Member States, analyze hypothetical cases, solve problems, and assess relevant political and legal developments.

*Updated as of Fall 2017

LAW 632X. Evidence

2 Sections:

Law 632X, 12A; Class Number: 5122

Law 632X, 13A; Class Number: 5158

Credits: 3 hours

Instructor(s): Profs. Shepherd, George & Zwier, Paul

Prerequisite: None

Grading Criteria: Final Exam

DescriptionA 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.

*Updated as of Fall 2017.

LAW 870. Externship Program

Class Number: Multiple

Credits: Varies

Instructor(s): Multiple

Selection: Application process submitted to Prof. Shalf, Sarah

Grading Criteria: Class Participation & Fieldwork

Description: Step outside the classroom and learn to practice law from experienced attorneys. Take the skills and principles you learn in the classroom and learn how they apply in practice. Emory Law's General Externship Program provides work experience in different types of practice (all sectors except law firms) so you can determine which suits you best and develop relationships that will continue as you begin your legal career. Students are supported in their placements by a weekly class meeting with other students in similar placements, taught by faculty with practice experience in that area, in which students have the opportunity to learn legal and professional skills they need to succeed in the externship, receive mentoring independent of their on-site supervisors, and to step back and reflect on their experience and what they are learning from it.

Our Small Firm Externship Program provides students especially interested in the small law firm practice setting with experience in specially-selected small law firms. The firms' attorneys participate with the students in our weekly class meeting, which focuses on the skills and attributes necessary to succeed in a small firm practice setting.

Students apply for externships via Symplicity in the semester prior to the externship and all placements must be preapproved. Available placements for the General program are listed on the Emory Law website, law.emory.edu/externships, and the currently participating Small Firms are listed here: https://emorylaw.wufoo.com/forms/small-firm-externship-applicant-law-firm-ranking/

Warning: No student is allowed to be enrolled in more than one clinic, practicum, or externship in a single semester without the prior approval of the directors of both programs.

*Updated as of Fall 2017

LAW 633, 10A. Family Law I

Class Number: 5759

Credits: 3 Hours

Instructor(s): Prof. Broyde, Michael

Prerequisite: None

Grading Criteria: Final 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.

*Updated as of Fall 2017

LAW 643, 12A. Family Law II

Class Number: 5145

Credits: 3 hours

Instructor(s): Prof. Broyde, Michael 

Prerequisite: None

Grading Criteria: Final Exam

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

*Updated as of Fall 2017

LAW 721, 000. Federal Courts

Class Number: 5191

Credits: 3 Hours

Instructor(s): Prof. Smith, Fred

Prerequisite: None

Grading Criteria: Final 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.

*Updated as of Fall 2017. 

LAW 642X. Federal Income Tax: Corporations

Class Number: 5760

Credits: 3 Hours

Instructor(s): Prof. Brown, Dorothy

Prerequisite: Fundamentals of Income Tax or Fed. Income Tax: Individual

Grading Criteria: Scheduled Final 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.

*Updated as of Fall 2017

LAW 626. Federal Indian Law

Class Number: 5223

Credits: 3 hours

Instructor(s): Prof. Saunooke, Robert

Prerequisite: None

Grading Criteria: Take-home Exam

Description: This course offers an overview of federal Indian law and policy, including historical developments related to federal treaties with Indian tribes and the Indian Termination Act. We will discuss current law and policy regarding Indian self-determination, gaming, sovereign and constitutional issues, and the varied and complex jurisdictional considerations involving criminal and civil laws that impact, affect, and otherwise intertwine Indian tribes, states, and the federal government.

*Updated as of 3/18/2016

LAW 760, 06A. Federal Prosecution Practice

Class Number: 5227

Credits: 3 Hours

Instructor(s): Prof. Grimberg, Steven

Prerequisite: Criminal Procedure & Evidence recommended, but not required

Grading Criteria: In-class exercises; Take-home Written Assignments; & Take-home Final Exam

Enrollment: Limited to 14 students only!

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.

*Updated as of Fall 2017

LAW 601B, 001. The First Amendment: Religious Liberty

Class Number: 5761

Credits: 3 Hours + Optional 1-hour lab

Instructor(s): Prof. Witte Jr., John *Cross-Listed with School of Theology ES 684 000.

Prerequisite: None

Grading Criteria: Take-home Final Exam.

Description: Religious liberty is one of the hallmarks of modern constitutional democracies, though it has come under considerable attack in recent years.  This course analyzes the historical formation and current interpretation of the religious liberty guarantees of the First Amendment to the United States Constitution.  Part I of the course explores the original meaning of the First Amendment guarantees of no establishment and free exercise of religion viewed in colonial and broader Western context.  Part II analyzes the guarantees of free exercise and expression of religion guaranteed by First Amendment free exercise and free speech clauses and recent complementary statutes.  Topics include religious liberty claims to polygamy, proselytism, Sabbath day observance, religious worship, ritual, and dress, and claims by religious individuals and groups to exemptions from general laws.  It also includes the heated clashes between religious liberty and sexual liberty claims.  Part III traces the requirements of no establishment of religion, particularly in cases concerning the role of religion in public education, the place of government in religious education, and the place of religious symbols and ceremonies in public and political life.  Part IV analyzes the complex relationships between religious organizations and government. Topics include tax funding and exemptions for religious groups, the powers and limits of religious organizations to resolve their own internal disputes over polity and property, and their power to discipline their leaders and members for their beliefs, moral behavior, or sexual orientation.

The readings will consist of selected United States Supreme Court cases and a textbook, John Witte, Jr. and Joel A. Nichols, Religion and the American Constitutional Experiment, 4th ed. (Oxford University Press, 2016).

There will be a final take-home examination, handed out the last class of the semester.  The exam will offer a choice of three or four questions that explore different major course themes; students will pick one question and prepare a 3000-word answer based on their course notes and readings.  The course can be taken for graded or pass/fail credit.  The course has no prerequisites and does not presuppose detailed knowledge of American history or constitutional law. 

1 Additional Hour Lab Option: This course offers a supplemental 1 credit hour laboratory, only for those enrolled in the Religious Liberty course, on litigating religious liberty claims. The lab will meet in 3-4 sessions during the semester for a total of 14 hours. Each session will be co-taught by Prof. Witte and an expert who has successfully litigated religious liberty claims in federal court under the First Amendment, Religious Freedom Restoration Act, Religious Land Use and Institutionalized Persons Act, and Title VII of the Civil Rights Act of 1964. One session will also be dedicated to litigating religious liberty in the European Court of Human Rights. 

Students in this course are welcome to take a supplemental one-credit hour lab, which will focus on how to litigate religious freedom cases in federal courts, before religious tribunals, and in the European Court of Human Rights.  We will meet for three evenings the week of October 23-27, 5:00 – 8:00 p.m. for hands-on instruction by leading religious liberty advocates.  In addition, we will meet for a one-hour colloquium, on Wednesday, October 25, 12:15 pm, during the Law School’s open community hour.  I’ll have food and drink available for each of these sessions.  

Registered lab students are asked to participate in all sessions that week, and to submit a 1000-word take-home paper assignment, due on or before noon Friday,December 22, 2017; it will be graded on a pass/fail basis.

We will discuss the mechanics and final schedule for this lab during our first class; thereafter the Registrar will invite you to register for the lab if you are interested.

*Updated as of Fall 2017

LAW 680, 04A. Food & Drug Law

Class Number: 5146

Credits: 3 hours

Instructor(s): Prof. Kitchens, Bill

Prerequisite: None

Grading Criteria: Final Exam

Description: Food and drug law involves the statutory and regulatory framework governing the development and marketing of food, drugs, medical devices, biologicals, tobacco 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.

*Updated as of Fall 2017.

Law 650, 04A. Franchise Law

Class Number: 5093

Credits: 2 hours

Instructor(s): Prof. Aronson, Mort

Prerequisite: None

Grading Criteria: Final 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 franchisors 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.

*Updated as of Fall 2017.

LAW 640X. Fundamentals of Income Taxation

Class Number: 5167

Credits: 3 hours

Instructor(s): Prof. Pennell, Jeff

Prerequisite: None

Grading Criteria: Midterm & Final 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.

*Updated as of Fall 2017

LAW 890. Fundamentals of Innovation I

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

ClassNumber: 5090

Credits: 3 hours

Instructor(s): Prof. Morris, Nicole

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.

*Updated as of Fall 2017

LAW 711L. Global Law

Class Number: 5793

Credits: 2 Hours; *Course is cross-listed with Candler School of Theology as ES 698 002. 

Instructor(s): Prof. Domingo, Rafael

Prerequisite: None

Grading Criteria: Participation and Reaction Paper

Description: In recent years, the idea of a new 'global law' has gained remarkable relevance in legal theory. The common contemporary goal of addressing globally the problems afflicting humanity is not just an option but a moral and political duty with important legal implications. Global issues such as international terrorism, arms trafficking, wars, hunger and poverty, immigration, political and economic corruption, and environmental challenges cannot be adequately addressed by lone national governments or by an international community of states in which self-interest trumps the global common good.

The course explores new ideas and normative and institutional issues raised by the globalization of the law. Specifically, the course will examine contemporary debates about global justice and law through a close reading of the leading writings by John Rawls, Harold Bermann, Benedick Kingsbury, Thomas Pogge, Jeremy Waldron, and Neil Walker, among others.

*Last Updated Fall 2017

LAW 736B. Global Public Health Law

Class Number5198

Credits: 2 Hours

Instructor(s): Prof. Brady, Rita-Marie JD, MPH

Prerequisite: None

Grading Criteria: Participation & Final Paper

Description: This course will use foundational legal principles of international and domestic law, as well as international regulatory frameworks, guidelines, and their respective actors, and apply them to global public health issues. This will be accomplished using interactive case studies and simulations that require multi-disciplinary classroom interaction, skill sets, source materials, and perspectives to look at the cross-border perspectives and permeability that shape global public health law. Specific topics of focus will include (but are not limited to): infectious disease, environmental health, public health emergencies, human rights and health, injury, and tobacco control. Guest speakers/presenters will be incorporated, and the format will include subject lectures, followed by either small or large group break-out discussions with a focus on multi-disciplinary interaction and actors.

*Updated as of Fall 2017

LAW 690B. Human Rights Advocacy

Class Number: 5235

Credits: 3 hours

Instructor(s): Prof. Ludsin, Hallie

Prerequisite: Human Rights or International Law Course (must verify you meet before attempting to enroll, those who do not and try to enroll will be subsequently dropped)

Grading Criteria: Research reports, Class participation, & Presentations

Enrollment: Limited to 8 students only!

Description: Human rights organizations and human rights lawyers play essential roles in protecting and promoting human rights, the rule of law and democracy, both at home and abroad. They expose injustices and demand accountability for them; they pressure governments to fulfill their democratic and human rights obligations, and often they give voice to the voiceless and marginalized. This course will start with a brief overview of international human rights law and then will be divided between lectures focusing on developing the skills of budding human rights lawyers, examining the anatomy of a human rights campaign, and highlighting the ethical dilemmas and barriers to change human rights lawyers regularly face. To reinforce these lessons, each student will be assigned a research project on an issue supplied by human rights organizations from across the globe. Past participating organizations included The Southern Poverty Law Center, The Carter Center, The Women’s Legal Centre (South Africa), the Centre for Policy Alternatives (Sri Lanka) and the US Human Rights Network.

The course is 3 credits and will require either several short written projects or one larger research report for an organization (65%), along with a series of project-related small assignments to show the student's progress and focused on building skills (35%). It will be limited to 8 students who have completed an international law or human rights law course.

*Updated as of Fall 2017

LAW 731. Immigration Law

Class Number: 5210

Credits: 2 hours

Instructor(s): Prof. Kuck, Charles

Prerequisite: None

Grading Criteria: Scheduled Final Exam

DescriptionThis course will explore the legal, historical, and policy perspectives that shape U.S. law governing immigration and citizenship. We will examine the constitutional and international law foundations underlying immigration regulation, the history of immigration law in the U.S., the source and scope of congressional and executive branch power in the realm of immigration, and the role of the judiciary in making and interpreting immigration law. In the course of that exploration, we will address citizenship and naturalization, the admission and removal of immigrants and nonimmigrants, and the issues of undocumented immigration and national security. We will also analyze the impact of immigration in other areas, including employment, criminal law, family unification, international human rights law, and discrimination.

*Updated as of Fall 2017

LAW 672A. Information Privacy & Security Law

Class Number5816

Credits: 2 Hours

Instructor(s): Prof. Keating, David 

Prerequisite: None

Grading Criteria: Take-home Final Exam

Description: New and innovative technologies collect and analyze data in ways that were unimaginable a decade ago.  Data security breaches of enormous scale capture national headlines.  Disclosures by Edward Snowden, Wikileaks, and other sources reveal widespread governmental surveillance using ubiquitous consumer technologies.  The European Court of Justice, in litigation initiated by activist Max Schrems, invalidates the Safe Harbor Program ¿ the pillar of international data transfers from the European Union to the US. 

Information Privacy and Security Law will focus on the primary legal and policy issues confronting practitioners in the area of information privacy and security today.  The developments outlined above have challenged existing legal frameworks and have led to an array of new laws and regulations.  Privacy and security has, accordingly, seen explosive growth as a practice area in the legal profession.  The course will take a practical, as-applied approach but will also explore the theoretical underpinnings and policy objectives of today¿s web of privacy and security laws and regulations. 

The class will be taught by David Keating (95L), co-leader of the Privacy and Security Practice at Alston & Bird, who has focused in the area since 2000.  Guest lectures are planned by leading practitioners in the specialized areas of cyber security and European Union data protection.

*Updated as of Fall 2017

LAW 609L. International Commercial Arbitration

Class Number5161

Credits: 3 hours

Instructor(s): Prof. Reetz, Ryan

Prerequisite: None

Grading Criteria: Class Participation & Final Exam

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, effective advocacy in the arbitral context, recognition, and enforcement of foreign arbitral awards, and other related issues. In order to understand the arbitral process, the class will examine numerous key stages of an arbitration from drafting the arbitration agreement (start) to enforcement of the award (finish). We will use a hypothetical case to explore the issues and other challenges that arbitrators and counsel must confront throughout the life of the process. This class will be very hands-on and practical. Participation is important and there will be role-playing. As international commercial arbitration cannot exist in a legal vacuum, we will also consider the legal framework that governs it in various civil law and common law countries.

*Updated as of Fall 2017

LAW 653, 10A. International Criminal Law

Class Number: 5081

Credits: 3 hours

Instructor(s): Prof. Van der Vyver, Johan

Prerequisite: None

Grading Criteria: Final Paper

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 the 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 on 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. The 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 Deputy 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".

*Updated as of 3/18/2016

LAW 690A. International Human Rights Law Practicum

Class Number: 5794

Credit: 3 Hours

Instructor(s): Prof. Mickevicius, Henrikas

Prerequisites/Co-requisites: International Human Rights Law (concurrent ok)

Grading Criteria: Substantive Projects & Short-term tasks via Assignments (70%) & Attendance/Participation (30%). No Final Exam

Enrollment: Enrollment is subject to instructor’s approval, please email the professor at henrikas.mickevicius@emory.edu. Candidates will need to demonstrate a serious commitment to human rights work and an ability to take initiative, work independently, and use discretion. Work on reports alleging Enforced Disappearances "EDs" is subject to a confidentiality agreement. Knowledge of an official U.N. language, other than English, is preferred.

Description: The Practicum will offer students a one-of-a-kind experiential education opportunity to deepen their knowledge of international human rights law, policies and enforcement mechanisms. The Practicum allows students to act essentially as junior lawyers in collaboration with and under the direct supervision of an Adjunct Professor Henrikas Mickevicius, who has over 35 years of experience in national and international law practice and is a member of the United Nations Working Group on Enforced or Involuntary Disappearances (WGEID). A signature element of the Practicum will be support for the mandate of the WGEID.

Students will work on substantive projects and short-term tasks related to the WGEID. Weekly 2-hour companion seminars, taught by Prof. Mickevicius, will familiarize them with the relevant legal frameworks—hard and soft law instruments, mechanisms, venues, procedures and case-law—and the skills they will need to employ to carry out assignments. Students will present and reflect on their findings and receive specific feedback from their instructor and classmates, to progress in their work. The instructional part of the seminar and related readings will be coordinated with professors teaching doctrinal human rights courses.

The course accounts for a minimum of 150 work hours per semester, including the weekly seminars, as well as preparation for those seminars, and assignments and projects. Assignments will constitute 70% of the final grade, and seminar attendance and participation 30%. There will be no final exam for this course.

*Updated as of Fall 2017

LAW 676C, 02A. International Humanitarian Law Clinic

Class Number: 5077

Credit: 3 Hours

Instructor(s): Prof. Blank, Laurie

Prerequisites/Co-requisitesInternational Law; International Humanitarian Law; International Criminal Law; International Human Rights; Transitional Justice; National Security Law

Grading Criteria: Based on individual student performance 

Enrollment: By application

DescriptionThe International Humanitarian Law Clinic provides opportunities for students to do real-world work on issues relating to international law and armed conflict, counter-terrorism, 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).

*Updated as of Fall 2017

Law 732. International Law

Class Number: 5100

Credits: 3 hours

Instructor(s): Prof. Van der Vyver, Johan

Prerequisite: None

Grading Criteria: Final 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.

*Updated as of Fall 2015. 

LAW 631A, 06A. Internet Law

Class Number: 5107

Credits: 2 hours

Instructor(s): Prof. Nodine, Larry

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

Grading Criteria: Midterm & Final 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 hyperlinking). There will be a special focus on the 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.

*Updated as of Fall 2015. 

LAW 570A, LLM. Introduction to the American Legal System

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

2 Sections:

Class Number: 5169

Class Number: 5151 (Online Section- JM Only)

Credits: 2 hours

Instructor(s): Prof. Mathews, Jennifer (Online Section) & Prof. Price, Polly

Prerequisite: None

Grading Criteria: Take-home Final Exam

JM DescriptionThis course covers the Constitutional principles and governmental structures that shape the American legal system.  It examines the structure of the U.S. judicial system and basic principles of legal reasoning.  The course also incorporates a series of guest lectures in the primary areas of first-year legal study (contracts, torts, etc.).

LLM Description: This course covers the constitutional principles, history, and governmental structures that shape the American legal system.  Designed for lawyers trained outside of the United States, the course introduces basic principles of federalism, common-law reasoning, and an overview of the primary areas of first-year legal study

*Updated as of Fall 2017

LAW 627-CRLT. Islamic Law

NOTE: This course is cross-listed with the Candler School of Theology (WR 685 & Jewish Law- WR 672). The class will meet at the Candler School in Room RARB 421.

Class Number: 6404

Credits: 3 hours

Instructor(s): Prof. Pill, Shlomo

Prerequisite: None

EnrollmentLimited to 5 students!

Grading Criteria: Take-home Exam or Paper

Description: Islamic law is a central feature in the lives of hundreds of millions of observant Muslims throughout the world.  Since the advent of Islam in the 7th century, observant Muslims have sought to live their lives in accordance with the Shari’a, God’s will for the Muslim community, and have developed a complex, nuanced, and diverse body of legal rules, principles, and teachings that are understood to embody the divine will.  This course gives students a foundational understanding of this important field by exploring the historical development, conceptual framework, substantive doctrines, and main contemporary issues of Islamic law. This course will focus especially on understanding the central role that human interpretation and analysis has played and continues to play in the formulation of Islamic legal doctrine on the basis of the primary sources of Islamic revelation.

*Updated as of Fall 2017

LAW 670, 10A. Jurisprudence 

Class Number: 5229

Credits: 3 hours

Instructor(s): Prof. Terrell, Tim. **Crosslisted with Theology and the Philosophy Department**

Prerequisite: None

Grading Criteria: Mid-term Essay & Take-home Final Exam Essay 

Description: This course is about normative disagreement:  disputes about values and systems of values, and in the political realm, quarrels over rights and duties.  But the course is not, as you might expect, about how to avoid or resolve discord and conflict, and thus bring us together in harmony around a shared sense of justice.  Instead, it will celebrate our contentious spirit, demonstrating that controversies about how we should govern ourselves are in fact inevitable, unavoidable, and never-ending. 

But this is not bad news.  Disagreement is not, as most seem to assume, inexorably disagreeable.  In fact, for lawyers, it should be appreciated, perhaps even celebrated, for fun and profit.

And this good news is not nearly as cynical as it might appear.  Law itself, after all, is a monument to the inability of people to get along productively without limits and direction.  But this course goes deeper, as it explores the next disconcerting step:  What happens when we also disagree about the limits and directions themselves that are supposed to help us avoid disputes in the first place (and settle them once they arise), that is, when we disagree about the nature of legal guidance itself?  In the toughest cases you will face, the dispute will actually go underneath traditional elements of law, like court decisions and statutes, to the values that give these sources authoritative life.  Confronting those questions is indeed advanced legal reasoning, it requires a "philosophy of law", that somehow makes one legal argument stronger than another.  That level of the legal game is "jurisprudence."

The course will consist of two overlapping pieces.  The first will examine the foundations of legal reasoning in challenging, controversial circumstances (the focus will be on Terrell, The Dimensions of Legal Reasoning, Carolina Academic Press, 2016).  Because those fundamentals inevitably involve normative values, the second part of the course will explore various philosophical perspectives within political and legal theory (e.g., John Stuart Mill, John Rawls, Ronald Dworkin, Robert Nozick, Drucilla Cornell, and others).

*Updated as of Fall 2017

LAW 699C. Juvenile Defender Clinic

Class Number: 5092

Credits: 3 hours

Instructor(s): Prof. Waldman, Randee

Prerequisite: Priority will be given to students who have taken or are currently enrolled in: Kids in Conflict with the Law, Juvenile Law or Family Law 2; Criminal Procedure; and Evidence.

Grading Criteria: Based on individual student performance 

Description: The Juvenile Defender Clinic is an in-house legal clinic dedicated to providing holistic legal representation for children charged with delinquency and status offenses.   Student attorneys represent clients in juvenile court and provide legal advocacy in school discipline, special education, and mental health matters when such advocacy is derivative of a client's juvenile court case.  

Under the supervision of the clinic's director, Randee Waldman, student attorneys are responsible for handling all aspects of client representation. While in the clinic, JDC students will: Establish an attorney-client relationship with their client(s); Direct case strategy determinations; Investigate allegations; Interview witnesses; Negotiate dispositions and plea agreements; Prepare and litigate motions and try cases.

Students are also encouraged to engage in research and participate in juvenile justice policy development.

Applications are accepted via Symplicity or e-mail to professor Waldman prior to pre-registration (watch for notices of the application deadline). Students must submit a resume, a statement of interest, an unofficial transcript, and a writing sample.

*Updated as of Fall 2017.

LAW 651. Labor Law

Class Number: 5162

Credits: 2 hours

Instructor(s): Prof. Wilson, Brent

Prerequisite: None

Grading Criteria: Attendance; Class Participation; & Final Exam

Description: Focuses primarily on Representation Case and Unfair Labor Practice Case Rules, Procedures and Cases of the National Labor Relations Board and Federal Courts…Discussion of developments under the Obama NLRB and prospects under a Trump NLRB. Historical matters regarding the Labor Movement in the U.S.  Coverage also will include other matters such as union campaigns, collective bargaining negotiations and arbitration, and a brief comparison of the National Labor Relations Act and the NLRB to the Railway Labor Act and the National Mediation Board.

*Updated as of Fall 2017

LAW 695. Land Use

Class Number: 5766

Credits: 2 Hours

Instructor(s): Prof. Pennington, Jennifer

Prerequisite: None

Grading Criteria: Class Participation & Final Exam

DescriptionThis course will explore the legal principles underlying the public regulation of private land use, from traditional judicial doctrines, such as nuisance and eminent domain, through statutory comprehensive planning regimes. We will also cover traditional zoning and planning issues, such as nonconforming uses, variances and special exceptions. The course will introduce students to the content and controversies of land use and environmental laws.

*Updated as of Fall 2017

LAW 870K. Landlord-Tenant Mediation Practicum I

Class Number: 5065

Credits: 3 hours

Instructor(s): Prof. Powell, Bonnie

Selection: Application process submitted thru Symplicity

Description: See Below. 

Landlord-Tenant Mediation Practicum students will mediate landlord/tenant disputes, including cases handled in the Magistrate and State courts; particularly small claim civil issues such as disputes between landlords and tenants. Assuming an agreement is reached during mediation, students will be responsible for drafting a detailed settlement agreement.

Students work under the supervision of an attorney mediating cases that deal with numerous issues of law within the court system. Prior to mediating, students will receive 28 hours of civil mediation training and will be registered as neutrals with the Georgia Office of Dispute Resolution

Required Mediation Training

Training is provided by the program and will occur the first or second week in August; attendance for the entire 28 hours of training is mandatory. Training dates will be confirmed no later than June 1.

These hours may be used later in the semester to compensate for any necessary time away.  For example, if a student has to leave at 5:00 pm for an evening class, 30/45 minutes of training can be used as a filler.     

For those who need a more flexible schedule, there is also now a partnership with Dekalb County so students can mediate there as well. The hours there are a bit different and has more flexibility.

Enrollment

This is a full academic year, two-semester practicum. Students must enroll in both the fall and spring semesters. Second- and third-year students may apply. An in-person interview will be scheduled with the supervising attorney.

  • Application Period: Resumes can be submitted through Symplicity at the same time externships accept resumes.
  • Required Background Check: Upon acceptance, a criminal background check by the Georgia Office of Dispute Resolution will be conducted.

Class Times

  • Students must be available to go to court from 12:30 to 5:30 p.m. or 12:45 to 5:45 p.m. Tuesday and Thursday afternoons.
  • Weekly seminar sessions will take place at the courthouse during the semester.

*Updated as of Spring 2017

LAW 708. Law and Religion: Theories, Methods, and Approaches

Class Number: 5202     

Credits: 3 hours; *Course is cross-listed with Candler School of Theology as ES 680 000. 

Instructor(s): Prof. Allard, Silas

Prerequisite: None

Grading Criteria: Class Presentation; Critical Analysis Papers; & Final Project

Description: Interdisciplinary scholarship is often lauded for challenging assumptions, contributing new perspectives, and leading to groundbreaking new insights that would not be possible without crossing disciplinary borders. While there are certainly benefits to interdisciplinary scholarship, such approaches also pose a unique set of challenges. The success of interdisciplinary scholarship depends on the scholar¿s ability to communicate to audiences who often use different nomenclature, evidence, and analytical methods. A failure to appreciate these challenges can lead to attempts at interdisciplinary scholarship that are reductive, one-sided, vague, or confused.

In this course, students will survey the interdisciplinary field of law and religion. The course will begin by discussing the nature of the field known as law and religion. What areas of inquiry constitute this field? What do we mean when we talk about ¿law¿ and ¿religion¿? The course will then cover different substantive areas and methodological approaches by reading, analyzing, and critiquing examples of law and religion scholarship from leading scholars. Students will be asked to think about the choices that scholars make: What is the relationship of law and religion in this example of scholarship? What does the scholar draw on as evidence for her argument? How does the scholar construct his argument? How does the scholar think about law? How does the scholar think about religion? These and other questions will help students understand how different approaches function; what they can achieve; what they cannot achieve; and why a scholar would choose a certain approach. By the conclusion of the course, students will (1) understand the scope and subjects covered by the field of law and religion, (2) develop an understanding of different methodological approaches to the study of law and religion, and (3) be prepared to use different methodological approaches in their own writing. This course is recommended for students in advance of a significant writing project in law and religion, including a journal comment, major seminar paper, or thesis.

*Updated as of Fall 2017

LAW 708B. Law & Religion Practicum 

Class Number: 5768

Credits: 3 hours

Instructor(s): Prof. Goldfeder, Mark

Prerequisite: None

Enrollment: Must obtain professor's permission prior to enrolling!

Grading Criteria: Participation; Project Work; & Paper

Description: The Law and Religion Practicum provides students with the chance to be actively involved in the practice of law and religion in different settings, both nationally and internationally. They will have the chance to work with real clients and deal with important issues, all under the careful supervision of established law and religion practitioners. Students will work on amicus briefs in courts around the country, including the Supreme Court, and around the world.  Every brief will be written in conjunction with other supervising attorneys that have years of law and religion experience. Attorneys from think tanks including the American Center for Law and Justice, Alliance Defending Freedom, and the Liberty Counsel, as well as firms including the Lambros Law Firm and the Schoen Law Firm have all worked with the practicum in the past.

*Updated as of Spring 2017

LAW 628B. Law,Sustainability, and Development

Class Number: 5249

Credit: 3 Hours

Instructor: Prof. Samandari, Atieno 

Prerequisite: None

Grading Criteria: Take-home Final Exam

Description:This course examines the role of law and the legal system in economic and social development, with a focus on developing countries and emerging markets. It will explore how law, in its various forms, may bring about or impede development, however, defined, and how development may affect or change the legal system of the country concerned. International organizations, foreign aid agencies, and local and international nongovernmental organizations have become extraordinarily active in this field, spending hundreds of millions of dollars every year. The conceptions of development that underlie those efforts are diverse & development may be seen as growth or improvement in, among other things, income, education, health, and human rights. We will take a similarly expansive view of the law, recognizing that in many contexts it blurs into politics, governance, and social custom. The course will seek to challenge conventional approaches to law and development and enhance the appreciation of the point of view of developing countries and marginalized communities regarding development.

The course will begin by interrogating the concept of 'development' and some of the problems that it encompasses. We will then explore the role of law and how/whether it may be used as an effective instrument for developing and implementing solutions to development problems. The course will cover a broad (but by no means exhaustive) set of issues in law and development and will take a critical perspective and include growing awareness of the importance of sustainability in development. 

*Updated as of Fall 2017

LAW 576. Leadership for Lawyers: An Introduction

Accelerated Course (Check OPUS for Dates)

Class Number5788

Credits: 1 Hours

Instructor(s): Prof. Blake, Frank 

Prerequisite: None

Grading Criteria: Assigned Readings; Brief Papers; & Class Participation 

EnrollmentLimited to 40 Students

Description: This course is designed to help law students think about and analyze key aspects of effective leadership. Whether in public, private or public interest settings, lawyers often lack an awareness of basic concepts of effective leadership. This course will introduce students to leadership theories, including Intrinsic Leadership, Transactional Leadership, and Servant Leadership. It will also focus on key aspects of effective leadership from setting a strategy and vision to decision-making and leading teams. The course aims to help students understand the organizations they will work in and apply leadership theories to their own experiences.

This course consists of two parts: lecture and discussion. For the lecture portion, students will meet on 8/30; 9/13; & 9/29 in Tull Auditorium from 12-2pm. For the discussion portion, students will meet on 8/23; 9/6; 9/20; & 10/4 in Room 575 from 2-4pm (Subject to Change). 

*Updated as of Fall 2017

LAW 747. Legal Profession

Class Number: 5152

Credits: 3 hours

Instructor(s): Profs. Elliott, James 

Prerequisite: None

Grading Criteria: Final 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.

*Updated as of Fall 2014

LAW 622D. Mental Health Issues in the Criminal Justice System

Class Number: 5193

Credits: 2 hours

Instructor(s): Profs. Deets, Annie

Prerequisite: Criminal Law & Constitutional Law

Grading CriteriaClass Participation; Short papers; Group Project; & Final Paper

Description: Mentally disabled individuals often find themselves entangled in the criminal justice system due to a lack of resources and support in the community. Our jails and prisons have become warehouses for those suffering from mental disability.  It has been estimated that over half of those individuals in our jails and prisons suffer from some kind of mental disability.

This course is designed to provide law students with a working knowledge of the major areas of mental health in the context of the criminal justice system. This course will explore the impact and interaction of mental disability and criminal law. Topics will include: mental illnesses: comparison and contrasts between clinical and legal definitions; functional implications of mental disorders; criminal forensic evaluations; competence to stand trial; insanity and related defenses; disposition of those adjudicated incompetent or not guilty by reason of insanity; competence to be executed; involuntary hospitalization; involuntary treatment; right to treatment; right to refuse treatment; ethical considerations in representing this population; rights of criminally and civilly committed persons; and diversion treatment courts.

This course is intended to be interactive and while the core of the course is pre-determined, some of the content will be adapted to address interests and needs of students. The structure of most sessions will begin with case presentations highlighting the day's topic, followed by a didactic portion from the instructor, ending with an interactive discussion between class members and invited panelists. The class will also observe mental health issues in the criminal justice system first hand by visiting local jails and courts. Grades will be based on class participation, a 3-5 page paper, a group presentation, and a 15-20 page policy paper objectively weighing and assessing the tensions between individual rights and community public safety concerns and to conclude with reform proposals consistent with established legal principles directed at reconciling the tensions. The subject of the paper shall be focused on one of three areas examined by the course.

1) Examining the Mental Health Care in the Jail, Prison, and Mental Health Hospitals

2) Competency, Insanity and Mens Rea Reexamined

3) Traditional Punishment and Diversion Treatment Alternatives to Punishment - Social Morality, Public Safety, and Recidivism Examined

*Updated as of Fall 2017

LAW 652B. National Security Law Workshop

Class Number: 5996

Credits: 2 hours

Instructor(s): Profs. Blank, Laurie

Prerequisite: TBA

Enrollment: Limited to 6 Students! Must apply/seek permission from Professor

Grading Criteria: See Professor

Description: See Professor 

LAW 656. Negotiations 

3 Sections:

Law 656, 06A; Class Number: 5094

Law 656, 06B; Class Number: 5095

Law 656, 06C; Class Number: 5239

Credits: 2 hours

Instructor(s): Profs. Athans, Michael; (Lytle) Perry, Courtney; & Eldridge, David/Eileen Rumfelt

Prerequisite: None

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

Grading Criteria: Class preparation/participation & 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 the development of a negotiation strategy, and a reflective written memorandum is required.

*Updated as of Fall 2017

LAW 754, 10A. Patent Law

Class Number: 5208

Credits: 3 Hours

Instructor(s): Prof. Bagley, Margo

Prerequisite: None

Grading Criteria: Participation & Final Exam

DescriptionThis course will cover the core topics of U.S. patent law such as patentability, including novelty, non-obviousness, and enablement; infringement; and remedies. The course will examine how patents are used as a business tool to commercialize new technologies and innovations. The course will also review the major aspects of patent reform as codified under the America Invents Act.  The course is designed to provide a solid background for on-patent specialists and for those planning a career in the field.  No technical background is required.  There is no prerequisite for this course.

*Updated as of Fall 2017

LAW 755, 06A. Pretrial Litigation

Class Number: 5089

Credits: 4 hours

Instructor(s): Profs. Geary, Don; Bessen, Diane; Hydrick, Stacey; & Lott, Rhani 

Prerequisite: Third Years Students Only

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 students, 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.

*Updated as of Fall 2017

Law 616, 12A. Real Estate Finance

2 Sections:

Class Number: (000) 5231; (001) 5789

Credits: 3 hours

Instructor(s): Prof. Alexander, Frank & Prof. Hughes, Jr., James

Prerequisite: None

Grading Criteria: Final 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.

*Updated as of Fall 2017

Law 667A. Securities: Enforcement Procedures & Issues

Class Number: 5770

Credits: 2 hours

Instructor(s): Prof. Jospin, Walter & Prof. Lipson, Aaron.

Prerequisite: BA; Securities Regulation or Securities: Brokers/Dealers; or White Collar Crime or Advanced Issues in White Collar Crime.

Grading Criteria: Participation (25-50%) & Take-home Final Exam (50-75%)

Description: This course will examine the enforcement of the federal securities laws from the perspectives of the U.S. Securities and Exchange Commission (“SEC”) staff, the Department of Justice, and defense counsel.  An important focus of the course will be discussing the relevant statutes, regulations, case law, and other legal principles, and applying them to practical situations that arise in securities enforcement investigations.  The required weekly reading will consist of securities enforcement cases, statutes, regulations, and other relevant documents.  Given the highly evolving subject matter, many classes will include a short discussion of recent developments.  As events occur during the semester, we may supplement or replace the reading materials described below with additional materials.  We also will invite guest instructors with relevant government and private practice experience to address specific topics.  Additionally, at points throughout the semester, we will have “practical” classes that will involve workshops in which students will be expected to demonstrate their understanding of the course material in simulated real-world settings.

*Updated as of Fall 2017

LAW 725A. Sentencing Practice

Class Number: 5771

Credits: 3 hours

Instructor(s): Prof. Marbutt, Jason

Prerequisite: Criminal Law & Evidence (prereq & co-req ok)

Enrollment: Limited to 14 Students!

Grading Criteria: Participation & Final Exam

Description: The vast majority of cases do not end in a 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.

*Updated as of Fall 2017

LAW 891. Special Topics in Technology I

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

Class Number: 5099

Credits: 3 Hours

Instructor(s): Prof. Morris, Nicole

Prerequisite: Fundamentals of Innovation I & II

Grading Criteria: Participation & Written Assignments

Description: Special Topics in Technology Commercialization is a capstone course designed to allow the students to apply what they learned in their first year of TI:GER.  Students will work individually and in groups to deliver project plans for two or three special projects. Class lectures will include sophisticated agreements in technology commercialization, business entity options for startups, venture financing, deal due diligence, and regulatory frameworks.  

*Updated as of Fall 2017

LAW 879K, 12A. Technology in the Legal Practice

Accelerated Course (Check OPUS for Dates)

Class Number: 5772

Credits: 1 hour

Instructor(s): Prof. Glon, Christina

Prerequisite: None

Grading Criteria: Paper (Final)

Enrollment: Limited to 20 Students!

DescriptionTechnology in Legal Practice will provide students with an introduction to concepts and resources relevant to technology and its effect on the practice of law beyond traditional legal research. Areas of coverage will include law practice management, e-discovery, competitive intelligence, and other current awareness issues. 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.

*Updated as of Spring 2016

LAW 601. The First Amendment: Freedom of Speech

Class Number: 5215

Credits: 3 hours

Instructor(s): Prof. Perry, Michael 

Prerequisite: Constitutional Law I

Grading Criteria: Take-home Final Exam

Description: No right entrenched in the constitutional law of the United States is more important than freedom of speech.  In this course, we will study the principal freedom-of-speech cases decided by the Supreme Court of the United States.  The Court’s decisions regarding freedom of speech are rarely unanimous and often quite controversial.

*Updated as of Fall 2017

LAW 710X. Trade Secrets

Class Number: 5773

Credits: 3 hours

Instructor(s): Prof. Holbrook, Tim

Prerequisite: None

Grading Criteria: Multiple-choice Quizzes & Final Exam

DescriptionTrade Secrets sit at the intersection of intellectual property law, contracts, and employment law. Ironically, one of the most famous trade secrets exists here in Atlanta -- the formula for Coca-Cola.  Trade secrets They are an important tool in any company's set for protecting their pecuniary information and innovation.  The class will explore the trade-off between trade secrecy and patent protection, what subject matter can be protected through trade secrecy, what steps need to be taken to protect information as a trade secret, and how a company enforces trade secrets.  Historically trade secrets were creatures of state law, but Congress enacted federal-level protection in 2016, which the class will also explore.

*Updated as of Fall 2017

LAW 719. Trademark Law

Class Number: 5211

Credits: 3 hours

Instructor(s): Prof. Bagley, Margo

Prerequisite: None

Grading Criteria: Final Exam

DescriptionThis 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 protectability 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.

*Updated as of Fall 2017

LAW 724. Transitional Justice

Class Number: 5220

Credits: 3 hours

Instructor(s): Prof. Blank, Laurie

Prerequisite: None

Grading Criteria: 2 assignments (20% each of final grade) & Take-home Final exam (60% of final grade)

Description: This course explores the legal issues and real-life challenges in countries emerging from dictatorship, repression and armed conflict.  Students will examine key transitional justice principles and debates, the workings of multiple transitional justice mechanisms, and the dilemmas arising in societies transitioning from conflict and repression.

*Updated as of Fall 2017

LAW 724A. Transitional Justice Practicum

Class Number: 5221

Credits: 2 hours

Instructor(s): Prof. Ludsin, Hallie

Prerequisite: Transitional Justice Course (co-req ok)

Enrollment: Limited to 4 students only! (Must be enrolled/already taken Transitional Justice Course)

Grading Criteria: Short written projects/Large research report (65%) & Small assignments (35%)

Description: This course is designed to be an add-on practicum to Prof. Laurie Blank's Transitional Justice course. It will offer students the opportunity to apply the knowledge they will receive from their doctrinal course to real world situations that human rights NGOs and think tanks are trying to address. The practicum not only will enhance students' understanding of the transitional justice issues but offers them the opportunity to build their essential research, writing and analytical skills. The practicum also will allow students the chance to network with organizations working on the cutting edge of this field. The course format includes a mix of lectures focused on building necessary skills, meetings to collaborate on and workshop projects and individual research time with the professor focused on their particular research project.

The course will be two credits and will require either several short written projects or one larger research report for an organization (65%), along with a serious of project-related small assignments to show the student's progress (35%). It will be limited to 4 students who have taken or are enrolled in the Transitional Justice course.

*Updated as of Fall 2017

LAW 671A. Trial Practice Workshop

Class Number: 5774

Credits: 2 hours

Instructor(s): Prof. Norman, Justin

Prerequisite: None

Enrollment: Limited to 12 Students!

Grading Criteria: Participation; Trial Notebook; & Final Assignment 

Description: This course is meant to be a pre-cursor to Trial Techniques and is a more hands-on approach to concepts that will be discussed in Trial Techniques. The course will cover the following areas: housekeeping matters, motions in limine, opening statements, direct and cross-examinations, how to object & respond to objections, the introduction of evidence, impeachment, and closing arguments. You are presumed to have read each day's assignments before attending the lecture.

In this class, emphasis will be placed on the demonstration of techniques rather than substantive law.  As is true for practicing trial attorneys, preparation and organization are the keys to success. There will be a final assignment but your grade will also be dependent on your performance and participation throughout the semester, and students will be expected to perform/act out a scenario when called upon. Please note that for the final assignment: You are expected to be able to perform your opening statement and closing argument without reading them. In other words, NO NOTES. You will participate as an advocate, witness and possibly a juror.

Learning Outcomes: At the end of this course, you should be able to accomplish three objectives:

  • Understand the purpose and techniques involved in all components of a civil and/or criminal trial as evidenced by successfully trying a case at the end of this course;
  • Exhibit a working knowledge of the Federal Rules of Evidence by demonstrating, in class, the ability to correctly and timely make and defend evidentiary objections during an opening statement, direct examination, cross-examination or closing argument; and
  • Reveal an understanding of the Model Rules of Professional Conduct by conducting all aspects of a trial in a respectful, ethical manner on both the plaintiff/prosecution side as well as the defense side of a case.

*Updated as of Fall 2017

LAW 674. Trusts and Estates

Class Number: 5076

Credits: 4 hours

Instructor(s): Prof. Pennell, Jeff

Prerequisite: None

Grading Criteria: Midterm & Final Exam

Description: Study of the law of intestate succession, limitations on testamentary powers, formalities necessary for executing or revoking wills and trusts, incorporation by reference and the doctrine of independent legal significance, problems of construction and interpretation of wills, trusts, and will substitutes, plus limited study of the use of future interests in trust and powers of appointment. 

*Updated as of Fall 2017

LAW 697C. Turner Environmental Law Clinic

Class Number: 5101

Credits: 3 hours

Instructor(s): Prof. Goldstein, Mindy

Prerequisite: Environmental Advocacy (prerequisite OR co-requisite)

Grading Criteria: Group assignments (based on individual work)

Description: The Turner Environmental Law Clinic provides important pro bono legal representation to individuals, community groups, and nonprofit organizations that seek to protect and restore the natural environment for the benefit of the public. Through its work, the clinic offers students an intense, hands-on introduction to environmental law and trains the next generation of environmental attorneys.

Each year, the Turner Environmental Law Clinic provides over 4,000 hours of pro bono legal representation. The key matters occupying our current docket fighting for clean and sustainable energy; promoting sustainable agriculture and urban farming; and protecting our water, natural resources, and coastal communities are among the most critical issues for our state, region, and nation. The Clinic's students benefit and learn from immersion in these real world, complex environmental representations.

*Updated as of Fall 2017

LAW 685A. Veterans Benefits Law

Class Number: 5163

Credits: 2 hours

Instructor(s): Prof. Early, Drew

Prerequisite: None

Grading Criteria: Class Participation (20%) & Final Exam (80%)

Description: This course introduces students to the body of administrative law and associated 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.

Textbook: Veterans Law Cases and Theory by Prof James Ridgway of GMU  (who is also the senior staff attorney at VA's Board of Veterans Appeals).  

*Updated as of Fall 2017

LAW 683. White Collar Crime

Class Number: 5775

Credits: 3 hours

Instructor(s): Prof. Cloud, Morgan

Prerequisite: None

Grading Criteria: Final Exam 

Description: This course examines how corporations, their officers, directors, employees, and agents can violate the criminal law. The course includes analysis of the responsibilities and potential liabilities of lawyers representing organizational clients.

*Updated as of Fall 2017

LAW 683X. White Collar Crimes Workshop

Class Number: 5776

Credits: 1 hour

Instructor(s): Prof. 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 statutes. 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.

*Updated as of Fall 2017

LAW 842. SEMINAR: Advanced International Negotiations

Class Number: 5233

Credits: 3 hours

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

Prerequisite: None (Negotiations or ADR recommended co-req)

Enrollment: Limited to 16 Students!

Grading Criteria: Participation (30%) & Paper (70%)

Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/  

Description: After a review of strategies and styles in two-party disputes, this seminar will look at complex multiparty international negotiations, including but not limited to: selected issues in Middle East Peace; the civil war in Syria, and Sudan, and the territorial dispute between Bolivia, Chile, and Peru.

Our text will be “Talking With Evil: Principled Pragmatism on an International Stage”, by Paul J. Zwier: which deals with research on the wide array of potential approaches to international conflict resolution.  The focus in the fall will be TCCs work in Syria, as well as Palestine/Israel, and also the conflict in South Sudan.  Reading material is also selected from institutions involved in conflict resolution negotiations, including The Carter Center, the Geneva-based Center for Humanitarian Dialogue and the Stockholm-based International IDEA. These materials, along with simulations that we will be using will be provided electronically.

The student’s grade will be based on both a research paper and class participation. Students will also engage in "learning-by-doing" simulations designed to raise advanced negotiation topics and skills.

Assigned Reading Materials:

(1) Zwier, Talking With Evil: Principled Pragmatism on an International Stage.

(2) Additional internet-based reading material will be provided in due course.

(3) Simulation Materials: Simulation material will be sent electronically in advance for each week’s class. Please read these materials before coming to class so that you are prepared to participate in the simulation.

*Updated as of Fall 2017

LAW 819. SEMINAR: Decolonizing Human Rights

Class Number: 5777

Credits: 3 hours

Instructor(s): Prof. An-Na'im, Abdullahi (Abduh)

Pre-Selectionhttps://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/ 

Prerequisite: Public International Law

Enrollment: Limited to 15 students!

Grading Criteria: Participation & 3 Papers

Description: This Seminar examines the claim that the present state-centric regime for the protection of human rights is a product of a liberal colonialization of the concept and mechanisms of the universality of these rights. The Seminar will examine the performance, possibilities, and limitations of the present United Nations¿ and Regional systems for the protection of human rights, including the role of non-governmental organizations. The Seminar will also explore alternative people-centered approaches to the implementation of human rights, from the local to the global and back, which may be more consistent with the claim of universality of human rights. All aspects of the themes and issues raised in this Seminar are to be considered in the context of economic injustice, political instability, marginalization and daily insecurity for the vast majority of humanity everywhere, in so-called developed as well as developing countries.

Part I of the Seminar will be a critical review of human rights law and practice under international law, exploring the structural obstacles facing the protection of human rights under the present state-centric system. This section will also offer a tentative exploration of indigenous approaches to specification and implementation of universal human rights norms.

In Part II students will present the tentative concept and analysis of their final Seminar paper, whether in fulfillment of Emory Law School writing requirement or not. Early-presentations will facilitate feedback and revisions, when appropriate.

Part III will resume discussion of the theoretical and practical challenges facing the present system and viability of alternative approaches.

*Updated as of Fall 2017

LAW 825. SEMINAR: Equality at Emory

Class Number: 5214

Credits: 3 hours

Instructor(s): Prof. Dudziak, Mary

Selectionhttps://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/ 

Grading Criteria: Class Participation & Final Research Paper

Description: This seminar will explore the civil rights history of Emory Law School and Emory University. Readings will cover the history of inclusion and exclusion at Emory and in higher education generally on the basis of race, gender, religion, disability, immigration status, and LGBTQ identity. Students will do historical research, using local archives and oral history interviews, and will write research papers that illuminate an aspect of law school or university civil rights history. Although students will have different topics, the class will work together as a research team, sharing insights and research strategies.

The class will learn how to do historical research in law school and university archives, and how to conduct an oral history interview. These research skills are related to law practice for discovery in litigation and other areas.

Professor Dudziak is an expert in the history of civil rights, foreign relations and constitutional law. Her books include Cold War Civil Rights: Race and the Image of American Democracy. She teaches constitutional law, foreign relations law and courses on the history of the war powers. Before moving to Emory in 2012, she also regularly taught courses in civil rights and constitutional history.

*Updated as of Fall 2017

LAW 817. SEMINAR: Implementation of International Law in the United States

Class Number: 5160

Credits: 3 hours

Instructor(s): Prof. Van der Vyver, Johan

Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/  

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 offenses 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 1980s 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 Medelln 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.

*Updated as of Fall 2015.

LAW 844. SEMINAR: Judicial Behavior

Class Number: 5232

Credits: 3 hours

Instructor(s): Prof. Shepherd, Joanna

Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/  

Prerequisite: None

Grading Criteria: Response papers & Final Paper

Description: How do judges decide cases? Some argue that judges primarily rely on legal factors to make their decisions, while others contend that judges decide cases in order to advance their own policy preferences.  More recent studies of judicial behavior have concluded that judges may also be influenced by an aversion to reversal, an attempt to reduce their workload, and efforts to stay on the bench or attain a promotion.  An understanding of judicial behavior is critical in policy debates about judicial selection methods, recusal rules, campaign finance reform, removal standards, and many other procedural rules and institutional norms. It is also an important factor in predicting litigation outcomes.  In this class, we will explore theories of judicial behavior, examine the empirical evidence about how judges decide cases, and discuss the policy implications arising from the evidence.  While some experience with empirical analysis would be helpful, it is not required.

*Updated as of Fall 2017

LAW 804, 02A. SEMINAR: Law & Literature 

Class Number: 5778

Credits: 3 hours

Instructor(s): Prof. Duncan, Martha Grace

Pre-Selectionhttps://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/  

Prerequisite: None

EnrollmentLimited to 15 students!

Grading Criteria: Participation & a Research paper.

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 Agamemnon, by Aeschylus; The Crucible, by Arthur Miller; Chronicle of a Death Foretold (by Gabriel Garcia Marquez); Fuenteovejuna (a Golden-Age Spanish play by Lope de Vega); The Stranger, by Camus; and Crime and Punishment, by Dostoevsky.

*Updated as of Fall 2017

 

*Updated as of Fall 2017

LAW 830. SEMINAR: Law & Policy: Access to Essential Medicines 

Class Number: 5795

Credits: 3 hours

Instructor(s): Prof. Vertinsky, Liza

Pre-Selectionhttps://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/

Prerequisite: None

Grading Criteria: Participation; Short reaction papers; Presentation; & a Research Paper

Description: Medicines are an integral part of healthcare in the modern world.  They save lives, promote health, and play critical roles in preventing and responding to epidemic diseases.  Access to essential medicines is a hotly contested issue both within the U.S. and internationally.  Law can be used as a tool to improve access, either directly through measures that require or facilitate provisions of essential medicines or indirectly through the creation of incentives for research and development of new medicines.  Law can also serve as a barrier to access.  This course examines the roles that law plays or could play, in accessing essential medicines.  It will begin with an overview of the relevant legal framework and a study of the recommendations made by a 2016 United Nations Access to Medicines Report.  It will then move to a series of topics and case studies that address different aspects of the access to medicines debate.

*Updated as of Fall 2017

LAW 838. SEMINAR: Products Liability

Class Number: 5166

Credits: 3 hours

Instructor(s): Prof. Vandall, Frank

Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/ 

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.

*Updated as of Fall 2017

LAW 746A. SEMINAR: Professional Negligence

Class Number: 5164

Credits: 3 hours

Instructor(s): Prof. Partlett, David

Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/ 

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 the liability in the borderland between torts and contracts. 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.

*Updated as of Fall 2015.

LAW 823, 001. SEMINAR: The Family, the State & Vulnerability

Class Number: 5216

Credits: 3 hours

Instructor(s): Prof. Dinner, Deborah

Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/ 

Prerequisites: None

Grading Criteria: Weekly reading; Class Participation; Short critical response papers; Oral presentation; & 30-page research paper.

Description: This seminar investigates the historical relationship between family forms, the U.S. welfare state, and human vulnerability. The seminar takes as a starting point for analysis the concept of universal human vulnerability, which derives from both our biological nature and from our social relationships. The family has long served as a societal mechanism for managing individuals’ vulnerability. Shifts in the nature of American capitalism, however, have at times undermined the capacity for families to serve this function. In the late nineteenth and first half of the twentieth centuries, a hybrid, public-private welfare state developed to respond to human vulnerability. In the last half century, this welfare state has both transformed and contracted.

This seminar investigates how the dynamic U.S. welfare state both reflected and shaped family forms across historical periods. It examines the legal and political debates by which families made new demands on the welfare state and the ways in which employers, insurance companies, and local, state, and federal authorities responded. The seminar analyzes how ideas about gender, race, sexuality, and class intersected in the formation of welfare policy. The seminar addresses both private family law—which is adjudicated in courts and affects mostly middle-class families—and public family law—which is created and enforced by administrative agencies and affects mostly poor families. Students participating in the seminar will gain a deeper historical understanding of the laws and social policies regulating contemporary American families. The seminar requires weekly critical response papers of 250-500 words, two 15-minute presentations, and a 30-page research paper. 

*Updated as of Fall 2017

LAW 826. SEMINAR: Patents and their Role in Global Health & Development

Class Number: 5779

Credits: 3 hours

Instructor(s): Prof. Vertinsky, Liza

Pre-Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2017-seminar-preselection/ 

Prerequisite: None

Grading Criteria: Participation; Short reaction papers; Presentation; & a Research Paper

Description: What is the current debate over the role of patents in promoting or impeding economic development and global health, 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 health? 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 health. The seminar will include the study of alternative methodologies for understanding and evaluating patent systems and their role in development and 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 advancing global economic development and global health.

*Updated as of Fall 2017