Course Descriptions | Emory University School of Law | Atlanta, GA

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)

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.

Advanced Civil Trial Practice

Class Number: 4265; Catalog Number- LAW 847, 06A.

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.

*Last Updated Fall 2015

Advanced Commercial Real Estate

Class Number: 4321; Catalog Number- LAW 617A.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Minkin, David

Prerequisite: Property & Real Estate Finance (recommended)

Grading Criteria: Participation, Attendance, & Take-Home Exam 

Description: What is commercial real estate all about? We will look at getting control of property (purchase and sale agreements), raising equity (limited liability company operating agreements), raising debt (loan documents), creating revenue from the property (leases), and documents related to financial restructure issues, all from the perspective of how they work and how our clients view them. Essential concepts for the course are what are clients' expectations with regard to their attorneys and how do those expectations affect the approach required with respect to negotiations and ultimate documentation? We will review not only real documents used in sophisticated commercial real estate transactions but also business school cases that discuss commercial real estate issues from the business person's perspective. Because the classroom presentations and discussions present much of the required materials, regular attendance is critically important.

We will also try to bring in one or two noted real estate professionals in Atlanta for in-class discussions. For example, we have had in class in past years the CEO of a major national real estate developer, bankers who had worked with major national banks and an expert in troubled real estate workouts.

Attendance Policy: Attendance is expected at every class unless the student has talked with the professor beforehand. 

*Last Updated Fall 2019

Advanced Legal Research

ACCELERATED CLASS (Check OPUS for Dates)

Catalog Number- LAW 657, 02A

2 Sections: 

Class Number: 4483 (Secondary Sources-1st 7 weeks)

Class Number: 4307 (Statutory Rsch.-2nd 7 weeks)

Credits: 1 hour (Experiential Learning Approved)

Instructor(s): Prof. Reid, Richelle & Prof. Deese, Abby

Prerequisite: None

Secondary Grading Criteria: Participation, Attendance, Research Homework Exercises, & Final Research Project

Statutory Grading Criteria: Participation, Attendance, Group Homework, Projects

Mastery of Secondary Sources Description: Mastery of Secondary Sources in Legal Research is a practical, skills-based course designed to improve information literacy and prepare students for practice or future study. Through practical applications, including in-class exercises, homework exercises, and a final research project, students will become familiar with critical principles, strategies, and best practices for identifying and using secondary sources for effective and efficient legal research. Topics for class sessions will include research strategy and documentation, advanced search techniques, legal periodicals, interdisciplinary databases, legal encyclopedias, treatises, legal news, and current awareness, transactional law and litigation sources, formbooks, and select state materials. Attendance Policy: This will be a one-credit, graded course meeting on an accelerated schedule for the first seven weeks of the semester. Because student participation and hands-on practice are essential for the learning experience in this course, attendance at each class session is mandatory. Failure to attend will affect the course grade.  

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

Mastery of Statutory Research Description: Advanced Legal Research- Mastery of Statutory Legal Research is a practical, skills-based course designed to improve information literacy and prepare students for practice or future study. Through practical applications, including in-class exercises, group homework exercises, an oral presentation, and a final research project, students will become familiar with the principles, strategies, and best practices for doing statutory research. Topics for class sessions will include research strategy and documentation, advanced search techniques, the legislative process from introduction of a bill to codification, legislative history, using the US Code in its official and annotated forms, and state codes.

The course will focus primarily on the federal legislative process, however, there will be some coursework dealing with state materials. 

Attendance Policy: This will be a one-credit, graded course meeting on an accelerated schedule for the second seven weeks of the semester. Because student participation and hands-on practice are essential for the learning experience in this course, attendance at each class session is mandatory. Failure to attend will affect the course grade.  If a student is unable to attend a class, they should notify the instructor as soon as possible to make alternative arrangements. Unexcused absences will result in a grade reduction.

*Last Updated Fall 2019

Advanced Legal Writing & Editing

Class Number: 4277; Catalog Number- LAW 648, 04A.

Note: Lab times/dates will be scheduled at a later date, for now, enroll in the lab placeholder- LB1-4453 along with class.

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 macrostructure and organization and work down toward micro details.

This class will not count towards satisfying your Upper-Level Writing Requirement. 

*Last Updated Fall 2017

Administrative Law

Class Number: 5224; Catalog Number- LAW 701.

Credit: 3 Hours

Instructor(s): Prof. Volokh, Alexander

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.

Alternative Dispute Resolution

CatalogNumber- LAW 605

3 Sections:

Law 605, 04A; Class Number: 4253 (Williams)

Law 605, 05A; Class Number: 4254 (Athans- Experiential Learning Approved)

Law 605, 06A; Class Number: 4371  (Williams)

Credits: 3 hours

Instructor(s): Prof. Athans, Michael & Prof. Williams, Cassandra

Prerequisite: None

Athans Grading Criteria: TBA

Williams Grading Criteria: 1) Preparation for in-class discussions and simulations 2) Professionalism during in-class discussions and simulations 3) Simulation performance: a. Knowledge of the facts b.

Enrollment: Limited Enrollment, small capacity course

Athans' Description: Ask Prof.

Williams' Description: This skills training course addresses negotiation, mediation, and arbitration principles through topical discussions and simulation exercises. One excused absence is allowed, but prior notice must be provided to the professor at least one hour before class meets. Any additional absences will result in a zero grade being averaged for class that day.

This class will include team/group projects. It is important that each of you participate in any assigned team/group projects. Fifty (50%) percent of your grade is based on your class preparation and participation.

*Last Updated Fall 2019

American Legal Writing, Analysis, & Research I

CatalogNumber- LAW 560  

2 Sections:

(GRD1); Class Number: 4314

(GRD2); Class Number: 4344

Credits: 2 hours

Instructor(s): Prof. Daspit, Nancy

Prerequisite: None, but see Note, below.

Grading Criteria: Coursework & Final Memo

Enrollment: Enrollment is restricted to LLM students who received their first law degree from a law school/faculty in a country other than the United States; must contact the professor for approval to enroll.

Description:  ALWAR I 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.

Attendance Policy: Two or more unexcused absences can result in your grade being lowered. Note: Enrollment is restricted to only LLM students who received their first law degree from a law school/faculty in a country other than the United States.

*Last Updated Fall 2019

American Legal Writing, Analysis, & Research II

Class Number: 4350; Catalog Number- LAW 560B, GRD.

Credits: 1 hour

Instructor(s): Prof. Daspit, Nancy

Prerequisite: ALWAR I

Grading Criteria: Coursework & Final Motion Brief

Enrollment: This class requires permission from Dean Jessica Dworkin.

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. Note: International LLM students who want to sit for the Georgia bar exam must take this class.

If this class is not required for you and you are undecided about taking the class, it is strongly recommended that you attend the first class to be considered for adding the course during the drop/add period. 

*Last Updated Fall 2019

Bankruptcy

Class Number: 4252; Catalog Number- LAW 716, 10A.

Credits: 3 hours

Instructor(s): Pardo, Rafael

Prerequisite: Contracts & Property (concurrent enrollment NOT allowed)

Grading Criteria: Scheduled Final Exam and potential grade penalties for violating classroom policies, including attendance requirement

Description: An introduction to the law of bankruptcy. Covers issues relating to eligibility for bankruptcy relief; commencement of a bankruptcy case; property of the bankruptcy estate; the automatic stay and relief therefrom; use, sale, and lease of property of the estate; property that an individual may exempt from the bankruptcy estate; creditor claims against the bankruptcy estate; plan confirmation; and the discharge of debts. This course is a general survey course reviewing the basics of Chapter 7 cases (liquidations), Chapter 13 cases (adjustment of debts of an individual with regular income), and Chapter 11 cases (reorganization).

Attendance Policy: I expect you to attend class regularly. If you miss more than twenty-five percent (25%) of the regularly scheduled class sessions, your final grade will be reduced by two quality points on the 4.0 scale (e.g., from a B+ to a D+).

Please note that a canceled class session will not constitute an absence for purposes of the attendance policy. In furtherance of my expectations and requirements regarding class attendance, an attendance sheet will be made available at the podium before the start of each class session. Should you arrive late, please sign the attendance sheet at the end of class. It is your responsibility to sign the attendance sheet (i.e., someone else may not sign on your behalf). Failure to do so will constitute an absence. Should you forget to sign the attendance sheet, I will consider updating my records to reflect your attendance in class only if you send me an e-mail on the same day as the class session for which you forgot to sign the attendance sheet. The e-mail must (1) state that you forgot to sign the attendance sheet that day and (2) request that I update my attendance records. It is incumbent upon you to keep track of your absences throughout the semester. I will not tally them until the semester has ended. Unless you expressly request to know whether you are in jeopardy of violating the attendance policy, no warning will be forthcoming.

*Last Updated Fall 2019

Barton Appeal for Youth Clinic

Class Number: 4304; Catalog Number- LAW 635D, 000.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Reba, Stephen

Prerequisite: None

Grading Criteria: Group work (based on individual student)

Enrollment: Must obtain professor's permission

Description: In the Barton Appeal for Youth Clinic, students engage in post-conviction representation of Georgia inmates who are incarcerated for crimes they allegedly committed as children. Focusing on direct appeals and habeas corpus litigation, students spend their time researching, writing, and preparing for hearings. Grading is based on the student's individual performance and attendance is required at weekly meetings, which are set according to the students' class schedules court litigation attacking inmates' convictions and sentences. Students should have an interest in criminal procedure, juvenile law, and/or social justice. 

*Last Updated Fall 2018

Class Number: 4247; Catalog Number- LAW 635C.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Carter, Melissa

Prerequisite: Child Welfare Law and Policy, Kids in Conflict, Family Law II, or related seminars. (Preferred, Not Required)

Grading Criteria: Assessment of individual student performance and overall contribution to the clinic based on specific demonstrated competencies in the area of research and analysis, professional responsibility, written and oral communication, and project management.

Enrollment: Interested students must apply directly with the professor

Description: The Barton Policy Clinic is an in-house curricular offering through which students will engage in public policy development and advancement through 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 perspectives, analyze legal authority and issue context, 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.

Attendance Policy: Students selected for enrollment in the policy clinic receive 3 hours of graded credit for the fulfillment of 150 hours of work. Accordingly, students commit to 11-12 clinic hours per week, which are established at the outset of the semester. Adjustments to the weekly routine are to be requested in advance whenever possible, and hours missed must be made up. Students submit weekly time sheets accounting for their activities and hours, and students must complete the full 14-week semester.

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

*Last Updated Fall 2019

Business Associations

Credits: 3 hours

Instructor(s): Profs. Shepherd, George & Prof. Savage, Audra

Prerequisite: None

Savage Grading Criteria: Scheduled Final Exam & Participation

Shepherd Grading Criteria: Homework Exercises & Scheduled Final Exam

Savage Description: This course surveys the 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).

Attendance Policy: Regular attendance is mandatory and participation is expected. Each student can have up to two excused absences 

General Description: A study of foundational concepts in agency, partnership, and corporation law. Topics include choice of business form, entity formation, organization, financing, and dissolution, as well as the rights and responsibilities of, and the allocation of power among, the business entity's owners/shareholders, management, and other stakeholders. The course also covers closely held enterprises, as well as basic issues in corporate finance and federal securities law. Students will be required to complete weekly homework exercises.

Attendance policy: Per ABA Rules, "regular and punctual attendance" is required.

*Last Updated Fall 2019

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

Class Number: 4485; Catalog Number- LAW 658, 000.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Moore, Josh

Prerequisite: Criminal law, Criminal Procedure, & Evidence.

Grading Criteria: Participation, Attendance, & Coursework

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

Description: This is a three-hour experiential course thought in conjunction with the Office of the Georgia Capital Defender, the state agency responsible for representing all indigent defendants statewide facing death penalty trials or on direct appeal from a death sentence. Second and third-year law students will assist Capital Defender trial attorneys in all aspects of preparing their clients' cases for trial and appeal.

This workshop requires a full-year commitment. As an integral part of the defense team, students assist in conducting investigations, interviewing clients and potential witnesses, putting together forensic evidence, gathering documents, doing research, drafting pleadings, formulating a theory of defense and making strategic decisions for each phase of a capital case. Students will also have the opportunity to do "mock" motions arguments and to present a jury sentencing argument based on the facts of their actual cases. In addition to working directly with attorneys and staff, students gather weekly for discussions about the cases they are working on and topics in death penalty jurisprudence. The students in this clinic are involved in the effort to make a strong case for life at trial and to build factual and legal narratives that will lead to the reversal of death sentences on appeal. This means students will focus heavily on the real (and often tragic) stories of their clients' lives, as opposed to technical or arcane points of law.

The classroom component of this clinic will meet for 2 hours each week at the offices of the Georgia Capital Defender in downtown Atlanta at the State Bar Building. A required text will be assigned. In addition to attending class, students will work on client matters for approximately 10 hours a week.

*Last Updated Fall 2019

Career Strategy & Design

Class Number: 4526; Catalog Number- LAW 599B, 001.

Credits: 0 hours

Instructor(s): Prof. Rooks, Mareasa

Prerequisite: None

Grading Criteria: Attendance; Assignment Completion

Description: Career Strategy and Design (CS&D) is a mandatory, non-credit course offered to 1L students by the Center for Professional Development & Career Strategy (Career Center).  The goal of the course is to help you successfully bridge the gap from law school to practice. The program will benefit students interested in traditional legal careers and those seeking non-traditional paths. Topics include identifying professional strengths, choosing a career path, approaching the job search, creating job search documents, establishing and building relationships, preparing for interviews, and learning about the 1L summer recruiting and 2L fall externship and clinic application processes.

Attendance Policy: Attendance is mandatory for all sessions. Conflicts may be considered excused absences for academic or other University-approved reasons (e.g., a make-up class, participation in clinical work, observance of a religious holiday, etc.). Please contact your assigned Teaching Assistant in advance regarding any attendance issues. Make-ups will be provided for students with excused absences. 

Class Number: 4398; Catalog Number- LAW 698B.

Credits: 3 hours

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

Prerequisite: None

Grading Criteria: Class Participation, Oral Presentation, and Papers

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.

Attendance Policy: 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. 

*Last Updated Fall 2019

Child Welfare Law and Policy

Class Number: 4286; Catalog Number- LAW 635, 02A.

Credits: 2 hours

Instructor(s): Prof. Carter, Melissa

Prerequisite: None, but this course qualifies as a pre-requisite or co-requisite for students enrolled in the Barton Policy or Legislative Advocacy Clinics.  

Grading Criteria: Participation, Attendance, & Final Paper

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 an understanding of this specialized area of the law and the companion skills necessary to be an effective advocate.

Attendance Policy: As a collective undertaking to learn and teach together, your attendance, advance preparation and active participation in every class is essential and expected. Attendance will be taken at every class meeting, and participation constitutes up to 10% of your course grade. More than three (3) unexcused absences, chronic tardiness, or a pattern of coming to class unprepared will negatively impact your grade. Accommodations and Excused Absences: Students requesting classroom accommodations relating to special needs or seeking excused absences for religious holidays, illness, or job interviews should notify me by email in a timely manner before the expected absence or need arises. If illness or accident prevents advance notice, students should notify me as soon as possible after the absence.

*Last Updated Fall 2019

Chinese Law

Class Number: 4361; Catalog Number- LAW 615.

Credits: 2 hours

Instructor(s): Prof. Ruskola, Teemu

Prerequisite: None

Grading Criteria: Participation & Take-home Final Exam

Description: This course is an introduction to the comparative study of Chinese law and legal culture. 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 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? Attendance is mandatory.

*Last updated Fall 2019

Colloquium Scholarship Workshop: War & Security in Law, Culture, and Society

Class Number: 5225; Catalog Number- LAW 860A, 02A.

Credits: 2 or 3 Hours

Instructor(s): Prof. Dudziak, Mary

Prerequisite: Civil Procedure; Constitutional Law; Contracts; Criminal Law; Leg/Reg; Property; & Torts.

Grading Criteria: Papers, Participation, & Attendance

Enrollment: Limited to 6 students!

Preselection Form: https://emorylaw.wufoo.com/forms/lsr-fall-2019-seminar-preselection/

Description: This is a law and graduate seminar which approaches the study of law, war, and national security from an interdisciplinary perspective. The theme for 2019 is: The Politics of Ongoing War. We will read and discuss related books and articles in law, history, and political science that illuminate the ways the culture and politics of U.S. war may undermine political restraints, enabling ongoing conflict. Outside speakers may present works in progress. Students are required to read and comment on course readings and write a 20-page paper. Law students may enroll for an additional credit (for a total of 3 credits), and instead, write a 30-page research paper. The 30-page research paper, which can satisfy the law school writing requirement, will require more extensive research and will involve additional assignments, including a first draft.

Attendance Policy: regular attendance and participation are important. Attendance is a factor in participation points which can affect your final course grade.

*Last Updated Fall 2019

Comparative Law

Class Number: 4421; Catalog Number- LAW 707.

Credits: 3 hours

Instructor(s): Prof. Ruskola, Teemu

Prerequisite: None

Grading Criteria: Participation & Take-Home Exam

Description: This course is an introduction to studying the political, social, cultural, and intellectual phenomenon to which usually refer by shorthand as "law," and we will do so by using comparison as our predominant method of study. To start with, 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 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? 

*Last Updated Fall 2019

Class Number: 4400; Catalog Number- LAW 622A, 02A.

Credits: 3 hours

Instructor(s): Prof. Tomkovics, Jim

Prerequisite: None

Grading Criteria: Scheduled Final Exam

Description: This course is devoted to the study of rights guaranteed by the Fourth, Fifth, and Sixth and Fourteenth Amendments to the U.S. Constitution, rights that provide protection against police and prosecutorial practices designed to investigate and prove criminal cases. Included are the 4th Amendment right against unreasonable searches and seizures, the due process guarantee against involuntary confessions, the 5th Amendment privilege against self-incrimination-based constraints upon securing and using confessions extended by the Miranda doctrine, the 6th Amendment right to counsel shelter against efforts to obtain and use admissions of guilt, and the exclusionary rules and remedies that enforce these constitutional guarantees. If there is time, due process and right to counsel protection against eyewitness identification evidence generated by police procedures (e.g., lineups) will also be considered.

Attendance Policy: I ordinarily enforce an attendance policy - students must be present for 75% of the course meetings to be eligible for course credit.

*Last Updated Fall 2019

Constitutional Litigation

Class Number: 4263; Catalog Number- LAW 675, 04A.

Credits: 3 hours

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

Prerequisite: Constitutional Law (recommended) 

Grading Criteria: Participation, Attendance, Two Assignments (no exam)

Enrollment: Limited to 15 Students!

Description: Constitutional Litigation will explore 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/defense and apply their knowledge of torts, constitutional law and civil procedure in a litigation setting. The course projects will center upon a case problem that may deal with free speech, police brutality, racial profiling, gay and lesbian rights or current civil rights or civil liberties issue. Students are expected to attend class and to be prepared to take an active part in class discussions of assigned materials. Students will have two projects for the semester. No independent research will be required for the projects. Students will utilize cases cited in the readings along with a list of supplementary cases. Students will draft a complaint and explanation of decisions made in drafting their complaint. This project will account for 50% of the student's grade. Students will also draft a short brief supporting or opposing summary judgment or a preliminary injunction. This project will account for 40% of the student's grade. The remaining 10% of the student's grade will be tied to participation in class discussions.

Course will be limited to 15 students given the practice orientation of the course and break-out groups.

*Last Updated Fall 2019

Corporate Compliance: Oversight, Culture, & Management of Foreign Corrupt Practices Act & Other Legal Risks. 

Class Number: 5322; Catalog Number- LAW 759A.

Credits: 2 hours

Instructor(s): Prof. Rogers, Dewitt & Prof. Snyderman, Mark

Prerequisite:  None

Grading Criteria: Attendance/Participation, & Take-home Final Exam

Description: Compliance programs have become increasingly essential for corporations and other organizations, both as a set of tools to mitigate the risk of compliance failures and as a driver of culture. In just a few years, these programs have evolved from specialized procedures for companies in highly-regulated industries to a necessity for organizations of all types, particularly those with operations in the developing world, where corruption risks are often of paramount concern. This course will offer an overview of the history and standards driving such programs, and, most importantly, will present practical content and best practices on how compliance programs work. The course also will focus on the U.S. Foreign Corrupt Practices Act, the world's preeminent anti-corruption law, the enforcement of which has figured prominently in the development of corporate compliance programs. This course will be of value to anyone considering compliance as an alternative to a more traditional legal career, and those who anticipate working in or advising modern corporations.

Attendance Policy: More than two absences must be approved by the instructors. Unapproved absences will affect the final grade.

*Last Updated Fall 2019

Courtroom Persuasion & Drama I

Catalog Number- LAW 959

2 Sections:

(02A) Class Number: 4249

(02B) Class Number: 4248

Credits: 1 hour (Experiential Learning & Accelerated Course)

Instructor(s): Prof. Metzger, Janet

Prerequisite: Evidence & Trial Techniques

Grading Criteria: Participation, Attendance, & Assignment completion.

Enrollment: Restricted to 3L's who have completed Evidence and Trial Techniques.

Description: This course applies theater arts techniques to the practical development of persuasive presentation skills in any high-pressure setting, especially the courtroom. Using lectures, exercises, readings, individual performance, and video playback, the course helps students develop concentration, observation skills, storytelling, spontaneity, and physical and vocal technique. Small class size encourages frequent opportunities for "on your feet" practice. Held in the Law School courtroom, the class provides the optimal simulation of a real-life experience.

Assignments and in-class exercises are designed to help students learn how to appear and feel confident; project their voice and use more vocal variety; cope with anxiety; stand still and move with purpose; improve eye contact with jurors as well as witnesses; gesture effectively and create a compelling story. The student will complete the course with increased confidence and ample tools for artful advocacy.

Maximum class size: 12 Requirements: Limited to 3L's who have completed Evidence and Trial Techniques. The class meets for 10 weeks plus an in-class final exam not during the exam period. Class periods are 75 minutes.

Attendance Policy: no more than two absences are permitted to receive a passing grade.

*Last Updated Fall 2019

Criminal Procedure: Adjudication

Class Number: 4471; Catalog Number- LAW 622B.

Credits: 3 hours

Instructor(s): Prof. Levine, Kay

Prerequisite: Criminal Law

Grading Criteria: Attendance, Participation, 6-8 Page Paper, & Modified Open-Book Scheduled Final Exam.

Description:  In contrast to a more conventional criminal procedure course, we will examine how lawyers and judges actually behave in the criminal courts throughout the United States. Topics include the doctrinal and practical dimensions of discovery, pre-trial detention, jury selection, prosecutorial charging and bargaining, ineffective assistance of counsel, double jeopardy, and speedy trial issues. Perhaps most importantly, we learn about the realities of our overburdened criminal justice system and discuss how prosecutors and defenders can operate within that system without sacrificing the rights of victims or defendants in the name of expediency. 

Attendance Policy: This class has a strict attendance policy. Students can miss 3 classes without penalty; at the 4th absence, the grade will be reduced by 1/3 of a step. "at the 7th absence, you will not receive credit for this class." Excused and unexcused absences are treated the same.

*Last Updated Fall 2019

Cross-Examination Techniques

Catalog Number- LAW 767

(001) Class Number: 4472; (002) Class Number: 5221

Credits: 3 hours

Instructor(s): Prof. Costa, Jason (002) & Prof. Lott, Rhani (001)

Prerequisite: Evidence (concurrently ok)

Grading Criteria: Participation, Attendance, Coursework, & Final Presentation

Description: This course is designed to conduct an exhaustive exploration of the science and art of cross-examination with extensive in-class exploration and performance of advanced cross-examination techniques. In addition to performance, students will critique and analyze the cross-examinations of their peers and example cross-examinations from high-profile cases. 

Attendance Policy: Because of the experiential nature of this course, attendance, punctuality, and participation are required for all class meetings and activities. Excessive absences will result in a grade reduction.

*Last Updated Fall 2015

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 Law School Registrar homepage under "Important Forms and Links" here.

Doing Deals: Commercial Lending Transactions

Class Number: 4302; Catalog Number- LAW 659M, 04A.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Gooch, Kevin

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

Enrollment: N/A

Grading Criteria: Coursework

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

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 secured creditor(s) or borrower(s) in an actual secured transaction from beginning to end throughout the semester.

*Last Updated Fall 2018

Doing Deals: Complex Restructuring and Distressed Acquisitions in Chapter 11

Class Number: 4272; Catalog Number- LAW 659P, 05A.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Marsh, Gary

Prerequisite: Bankruptcy (concurrently okay) and Contract Drafting (concurrently NOT okay) Prerequisite. Students will complete some advanced exercises during the course.

Enrollment: N/A

Grading Criteria: Coursework

Selection: Preselected Transactional Certificate Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the pre-reqs will have to wait until Open Enrollment.  

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.

Students will be assessed based on: 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%).

*Last Updated Fall 2018

Doing Deals: Contract Drafting

Catalog Number- LAW 659A.

Class Numbers: See OPUS for specific section numbers

Credits: 3 Hours (Experiential Learning Approved)

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

Prerequisite: Business Associations (concurrent okay)

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

Grading Criteria: Coursework

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

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 Fall 2018

Doing Deals: Deal Skills

Catalog Number- LAW 659B.

Class Numbers: 04A- 4255; 04B- 4301; 04C- 4311; 04D- 4382

Credits: 3 hours (Experiential Learning Approved)

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

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

Enrollment: Limited to 12 students per section

Grading Criteria: Coursework

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

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.  The course grade is based on homework, class participation, a negotiation project, and a comprehensive individual project.

*Last Updated Fall 2018

Doing Deals: General Counsel

Class Number: 4308; Catalog Number- LAW 659F, 06A.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Notte, Gregg

Prerequisite: Business Associations (concurrently NOT okay), Contract Drafting (concurrently NOT okay), and Deal Skills (concurrently okay).

Enrollment: N/A

Grading Criteria: Coursework

Selection: Preselected Transactional Certificate 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. 

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.

*Last Updated Fall 2018

Doing Deals: Intellectual Property Transactions

Class Number: 4287; Catalog Number- LAW 659N, 04A.

Credits: 3 hours (Experiential Learning Approved)

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

Prerequisite: Contract Drafting (concurrently NOT okay) and Deal Skills (Deal Skills concurrently ok)

Enrollment: N/A

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

Selection: Preselected 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.  

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 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 to the nature of this course, regular attendance is mandatory!

*Last Updated Fall 2018

Doing Deals: Private Equity

Class Number: 4264; Catalog Number- LAW 659D, 04A.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Crowley, Kevin 

Prerequisite: Business Associations (concurrently NOT okay), Contract Drafting (concurrently NOT okay), Deal Skills (concurrently okay). Recommended Prerequisites/Corequisites: Corporate Finance, Accounting in Action or Analytical Methods.

Enrollment: N/A

Grading Criteria: Midterm & Scheduled Final Exam, Group course work, & Class participation.

Selection: Preselected Transactional Certificate 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.

Description: The course is designed as a workshop in which law students and business students 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 understand and resolve difficult issues and complete successful transactions. Students will be divided into teams consisting of both lawyers and business people to review, consider and negotiate actual transaction documents. Issues presented will include often-contested key economic and legal deal terms, as well as common ethical dilemmas. To reinforce the key legal and financial points of an LBO transaction, there will be a short midterm and a final exam.

Course Learning Outcomes: -Understand the various steps of the LBO process -Use an Excel model to evaluate how financing structures and business forecasts impact LBO returns -Prepare some of the basic legal documents and correspondences related to LBOs -Negotiate term sheets with counterparties (buyer or seller) -Review transaction structures & tax impact -Gain an understanding of key contract provisions and how they interrelate -Draft contract terms with clarity and without ambiguity

Attendance Policy: I do not take attendance every class - however class participation will be factored in when assigning final grades.

*Last Updated Fall 2019

DUI Trials

Class Number: 4319; Catalog Number- LAW 745.

Credits: 3 hours

Instructor(s): Prof. Tatum, Melissa

Prerequisite:  Trial Techniques

Enrollment: Limited to 12 Students!

Grading Criteria: Participation, Motions Completion, & Final Trial Completion

Description: This course is designed to allow students to learn DUI statutes and case law, practice the skills necessary to argue DUI motions as a prosecutor or defense attorney, and apply those skills in a mock trial scenario. All phases of trial specific to DUI, including introduction of evidence and expert testimony, will be addressed. Area-specific presenters will be on-hand to explain field sobriety test procedures, motions practice, and specific defenses.

Attendance Policy: Attendance is mandatory for motions dates and trial dates. 1-2 absences on regular class dates is permissible.

*Last Updated Fall 2019

E-Discovery & Litigation Technology

Class Number: 4401; Catalog Number- LAW 879L.

Credits: 1 hour

Instructor(s): Prof. Grounds, Alison

Prerequisite: None

Grading Criteria: Participation, Attendance, & Coursework 

Description: eDiscovery & Legal Technology is a Pass/Fall Course based on attendance, participation & assignments. A practical course focusing on all phases of eDiscovery in litigation or investigations including applicable legal standards and technical tools/processes for preservation, identification, analysis, and production of electronically stored information (ESI). Taught by eDiscovery partner and guest lecture experts in the field. Hands-on coursework including drafting discovery documents, using Relativity software, and conducting a 26(f) meet and confer. 

Attendance Policy: Must attend the required number of classes to pass.

Special outside speakers including technologists, practicing attorneys and clients with expertise in eDiscovery and technology. May have unique meetings patters depending on availability.

*Last Updated Fall 2018

Education Law & Policy

Class Number: 4403; Catalog Number- LAW 662, 04A.

Credits: 2 Hours

Instructor(s): Prof. Waldman, Randee

Prerequisite: None

Grading Criteria: Participation, attendance, short paper (5-7 pages) and long paper (10-15 pages)

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, school climate, and Positive Behavior Interventions and Supports, No Child Left Behind / Every Student Succeeds Act, the rights of homeless youth and youth in foster care, students' rights to free speech in schools and laws designed to address bullying in our schools.

Attendance Policy: Attendance will be taken at every class meeting, and attendance and class participation (together) will count as 15% of the total class grade.

*Last Updated Fall 2019

Class Number: 5227; Catalog Number- LAW 669, 02A.

Credit: 3 Hours

Instructor(s): Prof. Dinner, Deborah 

Prerequisite: Constitutional Law & Leg/Reg (preferred)

Grading Criteria: Paper & Scheduled Final Exam

Description: This course considers legal prohibitions on employment discrimination. It focuses on Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination based on "race, color, religion, sex, or national origin." Legal readings will be supplemented by materials from history, psychology, philosophy, economics, and literature. The course will address topics including how to define discrimination, frameworks for proving discrimination, sexual harassment, affirmative action, and accommodation. We will examine questions including whether employment discrimination law should focus on protecting classes, eliminating stereotypes, or something else, whether the law should account for research from other disciplines such as psychology, and whether the law should forbid discrimination on the basis of additional categories.

Attendance Policy: Students missing six classes, except in cases of serious and prolonged illness, will be required to withdraw from the course.

*Last Updated Spring 2019

Employment Discrimination Lab

Class Number: 4271; Catalog Number- LAW 669X, 06A.

Credit: 1 Hour

Instructor(s): Prof. Shultz, Chad 

Prerequisite: Employment Discrimination 

Grading Criteria: Participation, attendance, writing, & performance in a jury trial.

Enrollment: Limited to 8 students! JD Students Preferred. 

Description: The class walks through a sexual harassment case from meeting the client, discovery, motions, and ultimately a mock jury trial. Students are divided into two law firms (one representing the Plaintiff and the other the Defendant). The class limit is 8 students to allow for the most valuable experience for each lawyer.

We meet for 2 hours, every 2 weeks, for a total of 7 classes, so Attendance is expected! The last class is a jury trial. The class is very interactive and practical. responding, discussing discovery, taking a deposition, writing a summary judgment brief or responding, and participating in a mock jury trial. 

*Last Updated Fall 2019

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

Credits: 3 hours

Instructor(s): Prof. 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

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

Class Number: 4251; Catalog Number- LAW 697, 04A.

Credits: 2 hours

Instructor(s): Prof. Zygmont, Max

Prerequisite: None

Grading Criteria: Writing Assignments, 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 many contexts, including client interactions, administrative proceedings, negotiations, and litigation. Other issues covered include advocacy related to environmental protection.

Attendance Policy: Students are expected to attend class and actively participate. Unexcused absences make it difficult for a student to participate in class and may be reflected in their classroom participation grade.

*Last Updated Fall 2019

European Union Law I: Constitutional and Institutional Issues

Class Number: 4346; Catalog Number- LAW 620.

Credits: 3 Hours

Instructor(s): Prof. Tulibacka, Magdalena 

Prerequisite: None

Grading Criteria: Open-book Scheduled Final Exam (60%), Participation (30%), & Attendance (10%)

Description: The European Union "the world's largest economy and trading block"  is an important source of unique policies and legal norms. These policies and norms are affecting trade and investment relationships globally. The overlapping geopolitical concerns and shared values make the European Union one of the United States' most important partners economically, politically, and socially. U.S. lawyers, public servants, and activists are consequently being called upon to engage with (and understand) European legal principles and practices to an ever-growing degree. With this in mind, the course will examine the theoretical fundamentals of the EU legal system and their practical applications, with the particular emphasis on the differences and commonalities with the U.S. system. 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. The institutional makeup and the allocation of powers across the major institutions, sources, and forms of EU law and lawmaking will be examined. We will also cover developments in the protection of fundamental rights, EU citizenship and the structure and role of the EU judicial system. Building on the latter, we will then turn to the EU common market and examine the main principles governing the free flow of goods, services, establishments, capital and persons within the EU. We will conclude with the Union's 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 the EU Member States, analyze hypothetical cases, solve problems, and assess relevant political and legal developments.

ATTENDANCE IS COMPULSORY

*Last Updated Fall 2018

Evidence

Catalog Number- LAW 632X; 2 Sections:

(12A) Class Number: 4288

(13A) Class Number: 4320

Credits: 3 hours

Instructor(s): Prof. Seaman, Julie & Prof. Tomkovics, Jim

Prerequisite: None

Seaman Grading Criteria: There will be two non-cumulative graded in-class quizzes (each worth 20% of the final grade) and a cumulative scheduled final exam (60% of final grade). Your grade may be lowered for lack of preparation or non-attendance.

Tomkovics Grading Criteria: Grades are based on the Final Scheduled Exam.

Seaman 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.

Attendance Policy: You may miss up to three classes during the semester, for any reason or no reason at all, without incurring a grade penalty. If you miss more than three classes, your final grade will automatically be lowered by one grade level (i.e. A to A minus; A minus to B plus; etc.) for each additional missed class. If you miss more than six classes during the semester, you will not receive credit for the class. I will monitor attendance with a sign-in sheet at each class session. You should write your last name legibly in the relevant space next to your typed last name. Signing another person into class for any reason is an honor code violation and may also result in a grade of "F" for the course. It is your responsibility to ensure that you sign the attendance sheet. If you forget to sign it or otherwise fail to sign it for any reason, you will be counted as absent for that date, with no exceptions. 

Tomkovics Description: This course focuses on a study of the federal rules of evidence. Topics include: the meaning and requirement of relevance; the exclusion of relevant, but prejudicial evidence; the hearsay rule and its many exceptions (a major topic in the course); special rules of relevance pertaining to character evidence, habit evidence, and various other types of evidence that generate special policy concerns (e.g., subsequent remedial measures, compromise offers, offers to pay medical and similar expenses, pleas and plea discussions, etc.); privileges and competence; the best evidence rule; both lay and opinion evidence; and authentication.

Attendance Policy: I ordinarily enforce an attendance policy - students must be present for 75% of the course meetings to be eligible for course credit.

*Last Updated Fall 2019

Externship Program

Class Number: Multiple- See OPUS; Catalog Number- LAW 870.

Credits: 1 hour (Experiential Learning Approved)

Instructor(s): Multiple

Prerequisites: Students must register for fieldwork concurrently (listed as a separate course). Students are registered by default in 2-credit fieldwork course, which in combination with the seminar is a total of 3 credits (requiring 150 hours of total work). Certain placements (listed in the information provided on Symplicity) have been approved for 3-5 credits (50 additional hours of work per additional credit), for 3Ls only, and those students must specifically request to be enrolled in higher credits by sending an email to lawexternships@emory.edu. Student fieldwork schedules are to be worked out between the student and placement based on the student's course schedule. 

Selection: Application process submitted to Prof. Shalf, Sarah

Grading Criteria: Class participation and Successful completion of 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 see how they apply in practice. All externships are approved for Experiential Learning credit. Emory Law's General Externship Program provides work experience in different practice settings (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 -- about themselves, and about the practice of law. Our separate Small Firm Externship Program provides 3Ls with experience in specially-selected small law firms for students who express an interest in working the small firm practice setting.

Students apply to the program and once accepted, are matched to law firms that suit their interests and skills. The firms' attorneys participate with the students in our weekly class meeting, which focuses on the practical business and professional skills necessary to succeed in a small firm practice setting. Once an externship offer is accepted (see "Application Information"), students are assigned one of the courses below based on the externship placement's setting, and with rare exceptions, may not take a different course. Information about which courses are assigned to a placement is on Symplicity.

Law 870I- Advanced -- for students in civil externships who have already taken the assigned course Law 870D- Civil Litigation -- placements (government, nonprofit and in-house) with an emphasis on civil litigation Law 870F- Corporate Counsel -- in-house corporate settings Law 870H-Criminal Defense -- federal, state and local criminal defense settings (advanced students repeat this course) Law 870C- Govt. Counsel -- government agencies where litigation is not the primary focus of the office Law 870E- Judicial -- federal and state judicial and quasi-judicial (ALJ) settings Law 870G- Prosecution -- federal and state prosecution settings (advanced students repeat this course) Law 870A- Public Interest -- nonprofit legal services and policy/advocacy organizations Law 870B - Public Policy & Legislative -- in spring only, legislators, caucuses and policy/advocacy organizations (in fall, those placements are in Public Interest) Law 870L- Small Firm -- private firms of 15 or fewer attorneys (students must specifically apply to this program and agree to be matched to a firm) With the exception of the Advanced class, which meets as a group less frequently, the seminar meets for one hour, once a week.

Attendance Policy: Students may have no more than 2 unexcused absences. Certain externship placements have mandatory meetings, either for orientation or for regular on-site meetings, in addition to the seminar meeting. These should be in the externship posting or disclosed in the interview.

Application Information: Students first apply for individual externships in the General Program, and to the Small Firm Program, via Symplicity in the semester prior to the externship. Information about the application process and timeline and available placements are available on the Externships Website [http://law.emory.edu/externships]  (including the Student Guide to Externships linked to that page), and important information specific to the current application period is posted on Symplicity immediately prior to and during the application/offer process (March-May and September-November).

Repeating an externship placement is disfavored and must involve substantially different work; students cannot reapply to the placement and must wait until after the placement has made decisions on new applications before petitioning Prof. Shalf to repeat a placement. Offers are made and accepted through Symplicity, and once an offer is accepted, the Externship Program will register students accordingly. All externship registration requests or questions should be directed to lawexternships@emory.edu. Students may not take more than one externship in a single semester, and if they would like to do a clinic or practicum as well as an externship in a single semester, must request advance permission of both the externship director and the clinic or practicum director prior to accepting offers.

Before accepting an offer, read Symplicity postings and information carefully and ask supervisors about their requirements, to ensure you can meet all of the placement's requirements as well as the seminar meeting requirements, in light of the remainder of your course schedule. Once you accept an offer with an externship placement, you cannot drop the externship or switch placements unless it is impossible to fulfill your commitment due to unforeseeable reasons beyond your control (government shutdown, security clearance problem, etc.). As a condition of registration for an externship, you will be asked to sign an agreement in Symplicity that any other reason for reneging will be considered a "Withdrawal" or "W."

*Last Updated Fall 2019

Family Law II

Class Number: 4309; Catalog Number- LAW 643, 12A.

Credits: 3 hours 

Instructor(s): Prof. Carter, Melissa

Prerequisite: None

Grading Criteria: Participation, Attendance, & Take-Home Exam.

Description: Family Law II examines the legal constructs and social contexts that have informed the contemporary understanding of what relationships the law regards as constituting a "family" and what protections the law affords to families and their members. Students will engage with the policies and laws that influence the modern definition of families and the role of the state in regulating families. Topics covered will include the parent-child relationship, family creation through adoption and assisted reproductive technologies, alternative family structures, child maltreatment, and the expression and regulation of children's rights.

Attendance Policy: As a collective undertaking to learn and teach together, your attendance, advance preparation and active participation in every class is essential and expected. Attendance will be taken at every class meeting, and participation constitutes up to 10% of your course grade. More than three (3) unexcused absences, chronic tardiness, or a pattern of coming to class unprepared will negatively impact your grade. Accommodations and Excused Absences Students requesting classroom accommodations relating to special needs or seeking excused absences for religious holidays, illness, family emergencies, or job interviews should notify me by email in a timely manner before the expected absence or need arises. If the circumstance prevents advance notice, students should notify me as soon as possible after the absence.

*Last Updated Fall 2019

Class Number: 4347; Catalog Number- LAW 721.

Credit: 3 Hours

Instructor(s): Prof. Nash, Jonathan

Prerequisite: Constitutional Law; Civil Procedure

Grading Criteria: Scheduled Final Exam, Attendance, & Participation.

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 the 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.

ATTENDANCE POLICY: Attendance is required. I expect you to let me know in advance if you cannot be present in class, or if you will be present but unprepared. I reserve the right to adjust student grades based on attendance and preparation. Beyond that, if you miss in excess of seven (5) classes after the add/drop period ends, you may receive a grade of "F" for the course without additional warning. I will distribute an attendance sheet in each class after the add/drop period; it is your responsibility to sign the sheet. If you do not sign the sheet for a given class, you will be deemed to have been absent for that class.

*Last Updated Fall 2019

Federal Indian Law

Class Number: 4370; Catalog Number- LAW 626.

Credits: 3 hours 

Instructor(s): Prof. Saunooke, Robert

Prerequisite: None

Grading Criteria: Participation, Attendance, & Paper

Description: History of Federal Indian Law and the political, economic, and social influences impacting how the federal government, state governments, and tribes interact and deal with one another for criminal, economic, and jurisdictional issues.

Attendance Policy: Attendance is mandatory at all classes, including a field trip to Cherokee, NC to visit the Cherokee Tribal Court and Tribal government.

*Last Updated Fall 2019

Federal Prosecution Practice

Class Number: 4374; Catalog Number- LAW 760, 06A.

Credits: 3 hours

Instructor(s): Prof. Barron, Lynsey

Prerequisite: Evidence

Grading Criteria: In-class performance, Written assignments, Attendance, & Take-home Final Exam.

Enrollment: Limited to 14 students only!

Description: This class will explore the powers, principles, and responsibilities that come with being a federal prosecutor. Class segments will focus on the various stages of the criminal justice system, and students will be expected to evaluate facts, issues, and law from both a prosecution and a defense perspective. 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. Students will be expected to play the roles of both prosecutor and defense counsel at different points in the class.

Attendance Policy: Class attendance and participation are critical ingredients to success in this class, and will be used to break ties in the grading process. If you have what you believe to be an excusable absence, we can discuss it in advance.

*Last Updated Fall 2019

Class Number: 4260; Catalog Number- Law 650, 04A.

Credits: 2 hours

Instructor(s): Prof. Aronson, Mort

Prerequisite: None

Grading Criteria: Scheduled Final Exam (80%) and Team Grades (20%)

Enrollment Limit: Limited to 25 students!

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, students will be divided into teams for an oral and written presentation that will account for 20% of their grade.

Note if a student misses more than 2 classes without the Professor's permission such student's name will be removed from the Class Roster.

Attendance Policy: More than two absences without my approval will result in loss of course credit

*Last Updated Fall 2019

Class Number: 4328; Catalog Number- LAW 640X.

Credits: 3 hours

Instructor(s): Prof. Pennell, Jeff

Prerequisite: None

Grading Criteria: Midterm & Scheduled 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. Regular attendance and satisfactory participation as "class expert" are essential to receiving a passing grade.

*Last Updated Fall 2019

Fundamentals of Innovation I

OPEN TO TI:GERSTUDENTS ONLY. PROFESSOR PERMISSION REQUIRED!

ClassNumber: 4258; Catalog Number- LAW 890, 04A.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Morris, Nicole

Prerequisite: None

Grading Criteria: Group projects, Participation, & Deliverables

Description: Fundamentals of Innovation I is the first of a 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.

Attendance Policy - We have an attendance sheet where we record attendance.

This course is a part of a cross-institutional program and we have students from Georgia Tech who will take this course. Therefore, we will need to course to start at 6pm.

*Last Updated Fall 2018

Global Public Health Law

Class Number: 4353; Catalog Number- LAW 736B.

Credits: 2 Hours

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

Prerequisite: Public Health Law or Health Law courses are helpful, but not required.

Grading Criteria: Participation, Attendance, & Final Course Paper

Description: Global Public Health Law 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 to further course lectures with classroom interaction. The course utilizes multi-disciplinary perspectives, skill-sets, and source materials to provide a comprehensive approach for studying current global public health law topics. Specific focus areas 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 provide insights from their respective disciplines highlighting current global public health issues and the unique legal challenges they present.

Attendance Policy: Due to the interactive nature of the course, class participation is a grading factor for this course. Class participation includes regular attendance. Note: missing three or more classes would constitute irregular attendance and could impact the student's participation grade. After three absences, the instructor may, at their discretion, remove the student from the course roll. Excessive tardiness (15 minutes late to class) may also lower a student's participation score.

Enrollment Note: Priority enrollment is given to students in the School of Law. Public Health Law or Health Law courses are helpful, but not required. The class format will include subject matter lectures by either the instructor or a guest speaker, followed by either small or large group break-out discussions with a focus on multi-disciplinary interaction and actors.

*Last Updated Fall 2019

History of Church-State Relations in the West

Class Number: 5231; Catalog Number- LAW 645.  

Credit: 3 hours (cross-listed w/ Candler School of Theology)

Instructor: Prof. Witte, John Jr.

Prerequisite: None

Grading Criteria: Take home exam; Class attendance and Participation.

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

The course will focus on four periods: (1) the 4th and 5th century Roman Empire and the establishment of Christianity by Roman law, and the firm new state prohibitions on Judaism and heresy; (2) the High Middle Ages of the 11th to 13th centuries and the rise of papal and clerical power and religious establishment by the church's canon law; (3) the Protestant Reformation movements of the sixteenth century, and the fresh rise of new religious establishments by state civil law as well as new forms of separation of church and state; and (4) the American colonial experience of the 17th and 18th centuries, and the gradual rise of constitutional principles of religious liberty that culminated in the First Amendment and state constitutions.

Readings will consist of a blend of primary and secondary sources, calibrated for the uninitiated but interested reader. Classes will consist of lecture and discussion, with students rewarded for regular classroom participation.

Attendance Policy: Students can miss up to three classes, with prior notification. Further missed classes will require a documented need for accommodation.

*Last Updated Fall 2019

Human Rights Advocacy

Class Number: 4379; Catalog Number- LAW 690B.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Ludsin, Hallie

Prerequisite: Int'l Human Rights or International Law Course (Courses taken in under-grad ok, but must verify you meet before attempting to enroll, those who do not and try to enroll will be subsequently dropped)

Grading Criteria: Participation, Coursework, 2 Drafts of Paper, & Final Paper (25-30 pages).

Enrollment: Limited to 4 students only!

Description: Human Rights Advocacy Course 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 they help the voiceless reclaim their voice. This course is designed to build the skills of the budding human rights lawyer to achieve these goals. It will start with a brief overview of international human rights law and then will be divided between lectures focusing on skills development, 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 Human Rights Watch, the Southern Poverty Law Center, the Women's Law Centre (South Africa) and The Carter Center.

The course is 3 credits and is limited to 8 students. It will require either several short written projects or one larger research report for an organization (35%), including a first and second draft (15% and 20%, respectively), along with an annotated outline (15%) and a draft introduction (5%). Class participation counts for 5% of the grade.

Attendance is mandatory except with prior permission from the professor. Each unexcused absence will result in a deduction of 2% of the student's grade.

Depending on project needs, students will receive special training. Last year's special training for the whole class included how to interview persons affected by human rights violations and how to right narrative non-fiction to aid advocacy work.

*Last Updated Fall 2018

International Commercial Arbitration

Class Number: 4323; Catalog Number- LAW 609L.

Credits: 3 hours

Instructor(s): Prof. Reetz, Ryan

Prerequisite: None

Grading Criteria: Joint Class Exercises & Scheduled 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 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.

Attendance policy: the American Bar Association's standard requirements for class attendance apply to this course.

*Last Updated Fall 2019

International Criminal Law

Class Number: 4250; Catalog Number- LAW 653, 10A.

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 in February 10, 2006: Was the conflict in Ituri an international armed conflict or one not of an international character? Is there a difference between the enlistment or conscription of child soldiers if committed in an international armed conflict or in an armed conflict, not of an international character, respectively? What degree of knowledge (mens rea) is required on the part of the perpetrator in regard to the age of a person enlisted or conscripted into the armed forces or used to participate actively in the hostilities? What is the meaning of using a child soldier "to participate actively in hostilities"?  The trial and tribulations that attended the pre-trial 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 121 States.

Earlier, the Security Council of the United Nations established the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), and subsequently offered its support for a Special Court to prosecute international crimes committed in Sierra Leone (SCSL), and for judicial chambers to bring perpetrators of international crimes in East Timor and Cambodia to justice. Jurisprudence of the ICTY, ICTR, and SCSL, as well as cases decided by the Nuremberg Tribunals, 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 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".

International Human Rights Law Practicum

Class Number: 4426; Catalog Number- LAW 690A.

Credit: 3 Hours (Experiential Learning Approved)

Instructor(s): Prof. Mickevicius, Henrikas

Prerequisites: International Human Rights Law (concurrent ok)

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

Grading Criteria: 150 work hours per semester, including the weekly seminars, and assignments and projects. Assignments will constitute 70% of the final grade, and seminar attendance and participation 30%.

Enrollment: Enrollment is limited to 4-6 students and subject to instructor’s approval. 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 offers 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 40 years of experience in national and international law practice and are 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 course accounts for a minimum of 150 work hours per semester, including weekly seminars,  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 Fall 2019

International Humanitarian Law Clinic

Class Number: 4246; Catalog Number- LAW 676C, 02A.

Credit: 3 Hours (Experiential Learning Approved)

Instructor(s): Prof. Blank, Laurie

Prerequisites/Co-requisites: International Law; International Humanitarian Law; International Criminal Law; International Human Rights; Transitional Justice; or National Security Law, either may be taken concurrently

Grading Criteria: Clinic work, Participation, & Presentations

Enrollment: By application to the professor

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 Fall 2018

International Law

Class Number: 4267; Catalog Number- LAW 732, 10A.

Credit: 3 Hours

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

Prerequisite: None

Grading Criteria: Scheduled Final Exam

Description: Public international law primarily regulates the relations between States. But public international law can also be applied to individuals, relationships, and transactions across national boundaries. Public international law also dictates the uses of international common spaces. In short, international law can mean many different things. This course explores, in an introductory fashion, what international law means today, not only for practicing lawyers but also for statesmen, policy-makers, human rights advocates, environmentalists, in short, anyone who has an interest in our world and international relations.

Public international law has its own legal system, with unique ways of making rules and enforcing them. Because of its sense of separation from municipal or domestic legal systems, international law has been criticized as not being "law" at all. We will carefully examine this criticism throughout the course. At the same time, we will also understand that international law and domestic law interact in a number of ways, and at a number of different levels. As a consequence of all this, the class is organized around four units.

The first unit considers what may be called the "sources and methods" of international law. These are quite different from the cases and statutes you have learned to use thus far in your law studies. This unit will examine, among other things, treaties and the role of custom in making international law.

The second unit will focus on the subjects and objects of international law. It used to be accepted that the law of nations considered only States to be worthy of legal attention. Today, individuals, legal persons (including business associations), and organizations are also subjects of international law. We will briefly examine the law of human rights, as well as the constitutional jurisprudence of the leading international organization, the United Nations. Moreover, we will look at new "objects" of international control, including ocean areas and the international environment.

This leads us to the third unit of the course, dealing with the relationship between domestic law and international law. This is the part of the course most closely focused on the demands of an American law practice. At the same time, we hope to introduce students to other nations' views on such issues as jurisdiction, diplomatic immunity, sovereign immunity, the act of state doctrine, making and breaking of treaties, and other concerns in the conduct of a nation's foreign relations power.

The fourth and final unit of the class deals with issues of war and peace. After all, international law's success as a legal system is largely dependent on its ability to manage and resolve disputes. We will consider, therefore, different approaches for the peaceful settlement of disputes, including the role of international adjudicatory and arbitration bodies, such as the International Court of Justice. We will also look at the limits placed by international law on the use of force and on the conduct of hostilities.

This is intended as a broad survey class. Some topics will, however, be considered in more depth than others, depending on our interests. The course represents just an introductory offering in public international law.

The required text for the class is Mark Janis and John Noyes, International Law: Cases and Commentary (5th ed.) (West Publishing).

The pace of the class will be quick, so consistent attendance of lectures is important.  So, too, is class participation. Students will often be specially assigned to participate in case studies or other in-class exercises. Your final grade may be slightly adjusted to reflect your individual class participation. Your final grade may be affected if you are absent from class more than five (5) times. Otherwise, the course grade will be based upon a three-hour, in-class, closed-book, final examination consisting of essay questions. The last regularly-scheduled class will be devoted to a summary and review session.

I am delighted to meet with students at any times, depending on my class schedule (I have classes, besides the ones in International Law, on Mondays from 2 to 4 p.m. on Tuesdays and Thursdays from 9 a.m. to 12 30 p.m.). Just drop by or make an appointment. I prefer face-to-face conversations rather than answering e-mail inquiries. My phone number is 404-727-6991, and my E-mail address is jvand02@emory.edu.

Attendance Policy:  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 a further reduction of the final grade. 

*Last Updated Fall 2019

Internet Law

Class Number: 4273; Catalog Number- LAW 631A, 06A.

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: Scheduled Final Exam

Description: In this course, we will cover jurisdiction over activities on the internet, Internet governance, enforceability of "click to proceed" contracts, domain name disputes, right to privacy, net neutrality and liability of intermediaries like ISPs and websites like eBay and Facebook. Interactive lecture format.

We occasionally invite guest speakers who have special expertise to address the class. For example, I am an arbitrator for domain name disputes administered by WIPO in Geneva. Several former students of this class have worked as case managers at WIPO and they have sometimes Skyped in to discuss their experience.

*Last Updated Fall 2018

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

Catalog Number- LAW 570A

2 Sections:

Class Number: 4330 (LLM Section)

Class Number: 4315 (Online Section- OJM Only)

Credits: 2 hours

Instructor(s): TBA

Prerequisite: None

Grading Criteria: Take-home Final Exam

OJM Description: This 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

*Last Updated Fall 2017

Jurisprudence

Class Number: 4375; Catalog Number- LAW 670, 10A.

Credits: 3 hours (Cross-listed with Theology-ES 687 & Philosophy Department)

Instructor(s): Prof. Terrell, Tim

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).

*Last Updated Fall 2018

Juvenile Defender Clinic

Class Number: 4259; Catalog Number- LAW 699C.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Waldman, Randee

Prerequisite: Evidence is a co-requisite. Criminal procedure and kids in conflict with the law, juvenile law or family law 2 are strongly encouraged, and priority will be given to those students who have taken these courses.

Grading Criteria: Grades are based upon demonstration of lawyering skills throughout the semester. Those skills include: Attorney-client relations, professional responsibility, oral and written advocacy, practice management, case analysis, and reflective skills development

Description: The Juvenile Defender Clinic (JDC) is an in-house legal clinic designed to provide students with an opportunity to provide holistic legal representation to children in delinquency and status offense proceedings. Student attorneys represent youthful clients in juvenile court and provide legal advocacy in special education proceedings, school suspension proceedings, and other forums according to the clients' needs, when such advocacy is derivative of a client's juvenile court case. Through the combination of client representation and class sessions, students will learn to integrate theory with practice in a context-based educational setting.

Attendance Policy: Students must be present for all office hours and the weekly clinic meetings.

*Last Updated Fall 2018

Labor Law

Class Number: 4324; Catalog Number- LAW 651.

Credits: 2 hours

Instructor(s): Prof. Wilson, Brent

Prerequisite: None

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

Description: Focuses primarily on the National Labor Relations Act and Representation Case and Unfair Labor Practice Case Rules, Procedures and Case Decisions of the National Labor Relations Board(NLRB) and Federal Courts. Discussion of developments under the Trump NLRB and recent reversals and expected reversals of decisions of the Obama NLRB.  Historical matters regarding the Labor Movement in the U.S.  Coverage of additional matters such as union campaigns, collective bargaining negotiations, grievance, and arbitration procedures and a comparison of the National Labor Relations Act and the NLRB to the Railway Labor Act and the National Mediation Board.

Course Objectives JD Students: To provide a working understanding of U.S. Federal Labor Law applicable to private industry and labor unions to prepare you to advise, advocate for and represent clients in private practice as well as serve as legal counsel to labor unions, private industry and government with an emphasis on:

1. Knowing and Understanding substantive and procedural federal labor law;
2. Interpreting, applying and analyzing applicable case law;
3. Representing clients in administrative and judicial proceedings.

Course Objectives Juris Masters Students: To provide students with a foundation in U.S. Federal Labor Law to prepare them to serve in Human Resources, Union Business Agent and Labor Relations roles with an emphasis on :

1. Understanding the administrative and judicial processes;
2.  Understanding certain legal concepts in order to equip you to explain and describe to others;
3. Applying the foregoing to your professional role and your chosen profession/ industry.

*Last Updated Fall 2019

Land Use

Class Number: 4407; Catalog Number- LAW 695.

Credits: 2 Hours

Instructor(s): Prof. Strum, Kasey

Prerequisite: None

Grading Criteria: Class Participation & Scheduled Final Exam

Description: This 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 and environmental laws. We will cover traditional zoning and planning issues, such as Euclidian zoning, nonconforming uses, variances, and special exceptions. The course will also introduce students to the content and controversies of land use and environmental laws.

Attendance Policy: Students are expected to attend class and actively participate. Unexcused absences make it difficult for a student to participate in class and may be reflected in their participation grade.

*Last updated Fall 2019

Landlord-Tenant Mediation Practicum I

Class Number: 4486; Catalog Number- LAW 870K.

Credits: 3 hours per semester (Experiential Learning Approved)

Instructor(s): Prof. Powell, Bonnie

Prerequisite: None

Grading Criteria: Attendance and Participation

Enrollment: Application process submitted thru Symplicity. Note that this a year-long course, you will need to re-enroll in the Spring.

Description: I. Instructors Director/Adjunct Professor Bonnie Powell phone: 404.918.3581 (cell) email: bonnie@powellADR.com Assistant Directors Teresa DiPonzio Hank Kimmel phone: 678.437.2765 (cell) phone: 404.735.9132 (cell) email: tadiponzio@gmail.com email: hwkimmel@gmail.com

II. Clinic Hours and Training Class and mediation sessions will be on Tuesdays from 8:45 am - 4:00 pm or Thursdays from 8:45 am - 4:00 pm in the Fulton County Justice Center Tower, 185 Central Avenue, Courtroom 1B.

Students will coordinate with Bonnie Powell during registration to select a clinic day. Additional clinic hours will be available throughout the year at the DeKalb County Magistrate Court. All students who receive and accept an offer to participate in the clinic must complete a criminal background check application within 30 days of accepting the offer. Students must pass the Georgia Office of Dispute Resolution criminal background check to participate in the clinic. There will be mandatory mediation training in August. Training dates will be emailed to all clinic participants in April, and training logistics will be finalized in July. All students will receive a certificate of attendance upon completing the 28-hour general civil mediation training. Attendance is required for each day of training. If you are unable to complete training, please do not interview for or accept an offer from this clinic.

Your training, as well as your background check and registration with the Georgia Office of Dispute Resolution, will be paid for by the Fulton County ADR Board and will be active for a period of 15 months.

III. Course Philosophy and Goals This course focuses on the process by which mediators assist others in resolving disputes. The clinic is designed to give students a thorough understanding of the mediation process and practical mediation experience. You will study the theory, strategy, skills, and public policy issues involved in the mediation of disputes, and you will put your skills to work by mediating real cases in the Fulton County State/Magistrate Dispossessory Court. By the end of the year, you should be able to: -Know the differences between arbitration and mediation; -Define terms, concepts, and core values key to mediation; -Effectively mediate non-complex issues; -Listen, question, problem solve, negotiate and use professional judgment; -Work well with parties, understand parties' interests, and help parties generate creative solutions for resolving legal problems; -Understand the limits of your skills and the limits of the mediation process, and appreciate the advantages and disadvantages to mediation and to litigation as dispute resolution mechanisms. -Be more thoughtful about your professional work and your own approaches to dispute resolution, both as advocates and as mediators.

IV. Course Materials For mediation training purposes and future reference material, the following book will be provided for your use throughout the school year. The Art of Mediation by Mark D. Bennett, Scott Hughes and Michelle Hermann (2nd ed., NITA 2010). You will also receive an electronic copy of a landlord-tenant outline by Dennis Goldstein and David Webster. You will need to have access to this outline during the majority of the lectures in the fall. Recommended Reading: Getting to Yes: Negotiating Agreement Without Giving In, by Roger Fisher, Bill Ury and Bruce Patton (2nd ed., Penguin 1991). This book is available in libraries, bookstores and online.

Attendance Policy: V. Attendance, Punctuality, and Dress Code Attendance are required. However, I understand conflicts arise. If you must miss class, you must send me an email prior to the day you plan to miss. If an emergency arises the day of class, you must call or text me. Please do not send an email message if you are canceling the day of class. Often I am unable to check email until late in the day and by then it will be too late to find a replacement for you if needed. Punctuality is essential. You are expected to arrive on time to prepare for the session's caseload. Traffic and/or parking issues are not acceptable excuses for tardiness. Consider both to be ongoing factors when traveling to the courthouse and include them in your travel time. Each student must complete a daily timesheet. The timesheets will be checked twice a month to make sure you are on track to meet your requirement of 150 hours per semester. No student shall be permitted to end the semester early regardless of the number of hours worked. All students are required to be in business attire.

VI. Conflicts of Interest If you have previously worked with an organization that represents landlords or tenants, please inform me at the beginning of the semester. You should not mediate cases where there is a conflict of interest. VII. Fieldwork Experience This clinic will require you to work with parties who have already filed an action in Dispossessory Court. Our goal is to mediate cases and provide an opportunity for parties to reach a resolution before proceeding on to litigation. In Week 1, you will observe experienced mediators. In Week 2, you will co-mediate with experienced mediators. In Week 3, you will begin mediating cases on your own. You can expect to mediate between 2-10 cases per day.

VIII. Grading Policy This course is ungraded: the two possible grades are "Credit" and "No Credit." If you complete the course requirements, you will receive a grade of "Credit."

IX. Class Presentations In the spring semester, you will be required to present on a topic related to either Alternative Dispute Resolution or Landlord/Tenant law. The topic will be one of your choosing subject to my approval. You may present individually or as a group. You will receive credit of up to three hours for research and preparation. Individual presentations should be 20-30 minutes in length. Group presentations should be 45-60 minutes in length. You are free to organize your presentation however you like and you are free to choose whether to use powerpoint (or an equivalent) to aid in your presentation. Presentation Dates: mid-January-March.

X. Confidentiality An essential aspect of your learning experience relies heavily on our Mediation Case Rounds discussions and our ability to discuss sensitive issues that arise in mediation. During this time, we will discuss specific issues you encounter. Beyond our class Mediation Case Rounds, you must abide by the Georgia ADR rules on confidentiality. We will have a lengthy discussion on confidentiality during training.

XI. Feedback and Observation Each student will be observed at least twice in the first semester and once in the second semester. The first observation will occur when you begin mediating on your own and will focus primarily on your ability to deliver an opening statement with all the necessary elements and transition from opening statements to discussion. The second observation will be toward the end of the semester and will focus on your mediation style and the use of various mediation tools, including the use of caucus.

XII. Journaling You will be required to submit five journal entries. The journal entries should be at least two, but not more than three, pages. Double space, please. No bullet points or incomplete sentences. Due dates will be given during the year. Below are suggested topics for your journal entries. You may deviate from the suggestions below. Topics must be pre-approved by the instructor. Journal 1: During training, what did you learn about mediation that surprised you the most and why? What were your expectations, if any, before training? Journal 2: Describe a situation during one of your sessions when you faced an ethical dilemma. If you haven't encountered an ethical dilemma, comment about an ethical dilemma discussed during one of the case studies. Journal 3: Reflect back to the beginning of the semester. What did this experience teach you about your own skills or challenges with conflict as a mediator? Journal 4: After a semester of mediating, have you changed the way you communicate or negotiate? Provide an example and the results of the change in behavior. Journal 5: When you find yourself at an impasse, what works for you in terms of generating movement? What you learn and the experience you have in this clinic in large part depends on your effort. You will get out of it what you put into it. Every mediation session is an opportunity to improve your skills and enhance your experience. 

*Last Updated Fall 2019

Law and Religion: Theories, Methods, and Approaches

Class Number: 4357; Catalog Number- LAW 708.     

Credits: 3 hours (Course is cross-listed w/ Candler School of Theology as ES 680) 

Instructor(s): Prof. Pill, Shlomo

Prerequisite: None

Grading Criteria: Participation, Attendance, & Paper

Enrollment: 8 slots are reserved for Journal of Law and Religion students, and 5 slots are reserved for JD students and 3 seats are reserved for students cross-registered from Candler School of Theology.

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 between 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. 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.

Attendance Policy: Regular class attendance is expected. A student may be absent from one class period without penalty. Further unexcused absences will reduce the student's class participation grade by 1/3 of a letter grade per absence. Further excused absences are given only in extenuating circumstances and following consultation with the Law School's Assistant Dean for Academic Engagement and Success or the equivalent administrator at other academic units. Students should plan their absence accordingly. Chronic tardiness will also impact the student's class participation grade.

The course will meet once a week for a three-hour block.

*Last Updated Fall 2019

Law and Religion Perspectives: Marriage, Sexuality, Family, and the Intersection of Law & Religion

Class Number: 4520; Catalog Number- LAW 708C, CRSL.  

Credits: 2 hours (Cross-listed w/ Candler School of Theology)

Instructor(s): Prof. Govens, Gordon

Prerequisite: None

Grading Criteria: Participation & Take Home Final Exam

Enrollment: Limited enrollment; 8 seats reserved for cross-listed students from Candler. 

Description: Few issues will continue to be more controversial than those concerning sexuality, marriage, and competing concepts of "family." Same-sex marriage, abortion, non-marital birth, adoption, children's rights, and polygamy are subjects invoking bitter cultural and constitutional wars, historically and today. Many of the contemporary voices leading the debates lack adequate knowledge of the historical context surrounding the course foci. This course seeks to situate these and other related issues in deep historical context so that students are uniquely equipped to competently discuss these subjects in private and public discourse. Together, we will trace the shifting norms and forms of sexuality, marriage, and family life, with a focus on five main periods in the West: 1) biblical and classical Graeco-Roman times; 2) the high Middle Ages; 3) the Protestant Reformation era; 4) the modern Enlightenment era, and finally; 5) contemporary America. The course will consist of lecture and lively discussion. Readings will be a blend of primary and secondary sources. There will be a take-home final examination. There are no course prerequisites.

Attendance Policy: Attendance is essential because part of your final grade will be based on class preparation.

*Last Updated Fall 2019

Law, Sustainability, and Development

Class Number: 4385; Catalog Number- LAW 628B.

Credit: 3 Hours

Instructor: Prof. Samandari, Atieno 

Prerequisite: None

Grading Criteria: Attendance, Participation, Reflections, Group Project, & 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 emerging markets and developing countries. 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 "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.

Attendance Policy: Attendance, conscientious preparation for, and participation in all classes are expected from each student. Any class absence must be communicated to the professor in a timely manner.

There is no standard text, readings will be assigned each week and students are to read the relevant material in advance of each class. Participation in class discussion and short essays: 20% Each student will select 4 topics from the syllabus early in the semester and prepare 2 pages of reflections, questions, criticisms, or comments on the readings assigned for those topics. Reflections are to be submitted by email to the Professor by 6pm on the Friday preceding the class in which they will be discussed. The comments will be anonymously distributed to all students prior to the relevant class. Group presentations: 30% Students will make group presentations on one development topic of the group¿s choice (e.g. health, environment, gender, FDI, international aid, sustainability etc.) highlighting the role of law in that issue. Each group presentation will last approximately 15 minutes with 10 additional minutes to respond to questions from the class (Total presentation time per group including questions and answers will be 25 minutes). Final Exam: 50% Completion of the seminar requires timely submission of a final take-home exam.

*Last Updated Fall 2019

Legal Profession

Catalog Number- LAW 747, 02A/02B.

2 Sections:

(02A) Class Number: 4316 (Elliott) 

(02B) Class Number: 4467 (Romig) 

Credits: 3 hours

Instructor(s): Prof. Elliott, James & Prof. Romig, Jennifer

Prerequisite: None

Grading Criteria: Participation, Attendance, Team Projects, & Scheduled 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. Attendance is considered in the final grade.

*Last Updated Fall 2018

Mental Health Issues in the Criminal Justice System

Class Number: 4349; Catalog Number- LAW 622D.

Credits: 2 hours 

Instructor(s): Prof. Deets, Annie

Prerequisite: Criminal Law & Constitutional Law

Grading Criteria: 75%- Final Paper (10-15 Page Policy Paper); 10%- 5 Page Reflective Paper on Crazy; 15%- Oral Presentations/Class Participation. 

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, prisons, state mental hospitals, 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 Proposed texts: Crazy: A Father's Search Through American's Mental Health Madness-Pete Earley Videos: Frontline (PBS), The New Asylums; and The Released.

Attendance Policy: Attendance is required and excessive unexcused absences will impact your grade.

*Last Updated Fall 2019

Class Number: 5232; 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

Class Number: 5233; Catalog Number- LAW 657B, 001.

Credit: 1 Hour (Accelerated & Experiential Learning Approved Course)

Instructor(s): Prof. Glon, Christina 

Prerequisite: None

Grading Criteria: Participation, Attendance, and Final Project. 

Description: National Security Law Research will offer an introduction to a few of the many statutes, agencies, and regulations that operate to secure and protect our homeland. Using statutes such as the Homeland Security Act or the Intelligence Reform and Terrorism Prevention Act, this class will examine how statutes and regulations work together to detect and prevent threats to the United States through agencies such as the CIA, the DOJ, the Treasury, and the DHS. Research exercises will be designed to help cultivate a thorough understanding of the interplay between statutes and regulations as well as allow students to develop appropriate research strategies for a variety of homeland security issues. National Security Law Research will be a 1-credit, graded course, meeting once a week for a two-hour time period using the accelerated class model.

Attendance Policy: Because student participation and hands-on practice are 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 Fall 2019

Negotiations 

Catalog Number- LAW 656, 06A/06B/06C

3 Sections:

(06A) Class Number: 4894 (Athans- Experiential Learning Approved)

(06B) Class Number: 4895 (Perry)

(06C) Class Number: 5014 (Perry)

Credits: 2 hours

Instructor(s): Prof. Athans, Michael; and Prof. (Lytle) Perry, Courtney

Prerequisite: None

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

Athans Grading Criteria: Attendance, Participation, Coursework, Journals, & Final Paper. No Exam

Athans Description: The Negotiations course is a skills training class to address negotiation theory and practice. The students participate in simulations every week after the first, and attendance is required, with one absence permitted without impacting the final grade. There are written submissions in the form of 2-page journals for each class and a final paper in the 10-12 page range.

There is a different topic every week, and students will try to implement the information learned that week to build on their negotiation and problem-solving strategy skills.

Perry GradingCriteria: Ask Professor

Perry Description: Ask Professor

*Last Updated Fall 2018

Patent Law

Class Number: 4360; Catalog Number- LAW 754, 001.

Credits: 3 Hours

Instructor(s): Prof. Holbrook, Tim

Prerequisite: None

Grading Criteria: Scheduled Final Exam & Class participation

Description: This course begins with a discussion of the theoretical justifications for patents. It then explains the nature of the patent document itself. Next, the course explores the core patentability requirements of patentable subject matter, utility, novelty, non-obviousness, and adequate disclosure. Included in this coverage are the new provisions under the America Invents Act. The course then shifts from validity to infringement, covering claim construction, infringement, limits on patent scope, and defenses. The course concludes with a discussion of remedies and an overview of post-issuance administrative proceedings at the USPTO

Attendance Policy: Class attendance and participation are vital to success in this class. Students will be required to sign a roster at the beginning or end of each class. If a student forgets to sign the roster, the student may email the professor on the same day of the class, explaining the failure to sign in. At the professor's discretion, he will add the student to the roster. If a student fails to sign in for 10 or more classes, the student's grade will be dropped a partial letter grade (e.g. from an A- to a B+). Class participation, both quantity, and quality, will be a factor in determining the final grade. Students can be moved up one partial letter grade if their participation is outstanding (i.e. from an A- to an A). If a student is chronically unprepared or absent, he or she can be knocked down a partial letter grade (from B- to C+, for example). This is in addition to any penalty for missing ten or more classes. So a student could be dropped two partial grades (e.g. from B+ to B-). Students are expected to be prepared on the days they are up, or to have found a substitute for that day.

For the purposes of class preparation, the class will be divided into three groups alphabetically. Thus, an individual student will be potentially called on once every three class sessions. Voluntary participation is, of course, welcomed and students receive full credit for voluntary contributions. If a student is not prepared on a day that his group is up, or if a student is going to be absent, then that student may swap responsibility for that day with another student before the class.

*Last Updated Fall 2019

Pretrial Litigation

Class Number: 4257; Catalog Number- LAW 755, 06A.

Credits: 4 hours (Experiential Learning Approved)

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

Prerequisite: Primarily for 3L students who are interested in civil litigation. Students must have already taken Trial Techniques class. 2L students must get permission from Lead Adjunct to take this class.

Grading Criteria: Coursework, Participation, Attendance & Oral Argument.

Enrollment: See Prereqs.

Description: This is a civil case litigation skills/simulation course. There are no exams but there are approximately six (6) written assignments along with preparation for two (2) oral arguments. Students will work as two-person teams to draft pleadings, written discovery, and conduct evidentiary and motions hearings.

Attendance Policy: Attendance is required although excused absences are permitted so long as the Adjuncts have been notified prior to the absence.

The class is meant to expose 3L students to actual, practical skills utilized by civil trial litigators. There will also be approximately six (6) guest speakers throughout the semester to discuss and introduce certain topics, as well as a final class of first and second-year associates who previously took this class, who are now practicing attorneys.

*Last Updated Fall 2019

Real Estate Finance

Class Number: 4376; Catalog Number- LAW 616, 12A.

Credits: 3 hours

Instructor(s): Prof. Hughes, Jr., James *Course Availability Subject to Change

Prerequisite: None

Grading Criteria: Scheduled 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.

*Last updated Fall 2017

Religion, Culture, and Law in Comparative Practice

Class Number: 5238; Catalog Number- Law 711

Credit: 2 hours

Instructor: Prof. Ludsin, Hallie

Prerequisites: None

Grading: Take-home exam and short weekly assignments

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 2016

Remedies

Class Number: 5235; 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

Securities Enforcement: Procedures & Issues

Class Number: 4409; Catalog Number- Law 667A.

Credits: 2 hours

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

Prerequisite: LAW500 (Business Associations); or LAW667 (Securities Regulation); or LAW673 (Securities: Brokers/Dealers); or LAW683 (White Collar Crime); or LAW875 (Advanced Issues in White Collar Crime).

Grading Criteria: Class Participation and Take-Home Final Exam

Enrollment: Limited to 10 Students!

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 for 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.

Attendance Policy: As class will meet only once per week, absent exceptional circumstances, students may miss no more than two classes during the semester. Additionally, attendance at the first class is mandatory.

*Last Updated Fall 2019

Sentencing Practice

Class Number: 4410; Catalog Number- LAW 725A.

Credits: 3 hours

Instructor(s): Prof. Marbutt, Jason

Prerequisite: Criminal Procedure

Enrollment: Limited to 14 Students!

Grading Criteria: Participation, Mock Sentencing Hearings, & Scheduled 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 80% experiential learning, and 20% 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.

Attendance Policy: Attendance is required and part of our grade.

*Last updated Fall 2019

Sentencing: Past, Present, & Future

Class Number: 5325; Catalog Number- LAW 725B.

Credits: 1 hour (Accelerated Course)

Instructor(s): Prof. Wood, Lisa

Prerequisite: Criminal Law

Grading Criteria: Class participation (1/2); Reflective journal (1/2); pass/fail course

Enrollment: Please send a letter of interest and resume to the email address- lori_phillips@gas.uscourts.gov 

Description: The Sentencing Workshop explores theories of punishment, the Constitutional and policy restraints on sentencing schemes, the current practice of sentencing in various states and in the federal government, and the possibilities of reform. 

Note: Accelerated Course meets T/Th/F for two hours (September 9-20)

Attendance policy: Must attend all classes.

*Last Updated Fall 2019

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

Class Number: 4266; Catalog Number- LAW 891, 04A.

Credits: 3 Hours (Experiential Learning Approved)

Instructor(s): Prof. Morris, Nicole

Prerequisite: None

Grading Criteria: Participation, Attendance, & Paper

Description: Special Topics in Technology Commercialization I is a capstone course designed to acquaint students with many of the legal issues associated with starting a new business enterprise. The course objective is to give students an introduction to the legal problems they are likely to encounter in an entrepreneurial setting either as lawyers for the enterprise or as owners of an equity position in the enterprise. Students will learn current case law that highlights the legal principles involving parties and situations facing startups. These include choice of entity, financing arrangements, selection of a company name and trademark, protecting the intellectual property of the new company, supply chain management, business operational agreements.

Attendance Policy: Expectations and Class Participation Class attendance and participation are vital to success in this class. Participation, both quantity, and quality will be a factor in determining the final grade. Students can be moved up one partial letter grade if their participation is outstanding (i.e. from an A- to an A). If a student is chronically unprepared or absent, he or she can be knocked down a partial letter grade (from B+ to B, for example). Voluntary participation is, of course, welcomed and students receive full credit for voluntary contributions.

Grading 70% of the final grade will be based on a 15-20 page paper (double space, 12 pt. Times New Roman font) discussing any legal issue related to technology innovation. 25% of the final grade will be a 5-10 page draft of your innovation paper. Substantive feedback and comments will be provided on the topic and the draft paper so that the student is adequately prepared to complete the final paper.  

*Last Updated Fall 2019

Trademark Law

Class Number: 4363; Catalog Number- LAW 719, 001.

Credits: 3 hours

Instructor(s): Prof. Bagley, Margo

Prerequisite: None

Grading Criteria: Scheduled Final Exam

Description: This course examines the law governing trademarks and other means of identifying products and services in the minds of consumers. Instruction primarily will focus on the federal statute governing trademarks and unfair competition, the Lanham Trademark Act of 1946, but students will learn about state laws and state law doctrines in the field as well. Topics include the 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.

Attendance: Class attendance and preparation are both mandatory, and I reserve the right to take attendance, as well as the quality of classroom participation, into account in assigning final grades for the semester. Any student missing more than four (4) regularly scheduled class sessions, without a compelling justification for being absent (such as being sick or having an interview) is subject to being dropped from the course.

*Last Updated Fall 2019

Trial Practice Advocacy

Catalog Number- LAW 671A

2 Sections:

Class Number: 4468 

Class Number: 4413 (Accelerated Course- Mock Trial Section)

Credits: 2 hours (Experiential Learning Approved) 

Instructor(s)- Non-Mock Section: Prof. Norman, Justin; PD Liz Markowitz; ADA Gardner, Lindsay; & ADA Hylton, Simone

Instructor(s)- Mock Section: Prof. Norman, Justin & Prof. Deets, Annie

Prerequisite: None, but Evidence recommended (concurrently ok).

Enrollment: Both sections are capped at 16 students, the mock trial section is only for incoming students accepted into the program. 

Grading Criteria: Attendance/Participation, Advocacy Experiences, Trial Notebook, & Final Trial 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 generally in Trial Techniques, for those who have already completed Trial Techniques, this course will focus more on various trial advocacy styles and 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 & PPT slides before attending the lecture, but please note the readings are meant to supplement your understanding of the materials covered in class and the course will not be based on the textbook.

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. Therefore, you will also be required to participate in advocacy experiences held at local courthouses.

There will be a final trial but your grade will also be dependent on your performance and participation throughout the semester as students will be expected to perform/act out each portion of a trial. 

Please note that for the final trial 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. 

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.

Attendance Policy: Attendance/Participation is critical for success in this course as it only meets once a week, students expecting to receive a passing grade may miss no more than 2 classes.

*Last Updated Fall 2019

Trusts and Estates

Class Number: 4245; Catalog Number- LAW 674, 08A.

Credits: 4 hours

Instructor(s): Prof. Pennell, Jeff

Prerequisite: Property

Grading Criteria: Midterm & Scheduled 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.

Regular attendance and satisfactory participation as "class expert" are essential to receiving a passing grade.

*Last Updated Fall 2019

Turner Environmental Law Clinic

Class Number: 4268; Catalog Number- LAW 697C.

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Goldstein, Mindy

Prerequisite: Environmental Advocacy (concurrently ok)

Grading Criteria: Legal work & Participation

Enrollment: Email prof. for approval. More information can be found at www.law.emory.edu/turner 

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 city, state, region, and nation. The Clinic's students benefit and learn from immersion in these real-world complex environmental representations.

Attendance Policy: Students are required to work in the Clinic 150 hours/semester and attend a weekly Clinic meeting.

*Last Updated Fall 2019

Veterans Benefits Law

Class Number: 4325; Catalog Number- LAW 685A.

Credits: 2 hours

Instructor(s): Prof. Early, Drew

Prerequisite: None, but Administrative Law is recommended

Grading Criteria: 25% class participation and 75% written exam. 

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. Attendance is mandatory as there is a significant class participation component to grading, with one excused absence authorized. There is a written scheduled exam administered during the exam period.

Attendance Policy: As there is such a high-class participation component to the course, attendance is mandatory.

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).  

*Last Updated Fall 2019

White Collar Crime

Class Number: 4414; Catalog Number- LAW 683.

Credits: 3 hours

Instructor(s): Prof. Cloud, Morgan

Prerequisite: None

Grading Criteria: Scheduled Final Exam 

Description: This course examines criminal liability for organizations, including corporations, partnerships, sole proprietorships, and government offices. We will study how an organization's agents, including employees, officers, and directors, can incur personal criminal liability and create liability for the entity, as well. The crimes we will study include those at the center of many current legal and political controversies. These include perjury, obstruction of justice, false statements, mail and wire fraud, computer fraud, conspiracy, and racketeering. The course includes analysis of the responsibilities and potential liabilities of lawyers representing organizational clients.

Attendance policy: Attendance is required for all class sessions. I will take attendance at the start of each class session, using a signature roster. You must only sign your own name on the roster. It is a violation of the honor code to sign another student's name. During the semester, you are entitled to miss three (3) classes. You must send me an email (to morgan.cloud@emory.edu) stating that you will miss, or have missed a class, including the date of the class. If you miss more than three classes during the semester and the additional absences have not been specifically approved by the professor, your final grade will drop by 1/3 of a step (from an A- to a B+, for example).

*Last updated Fall 2019

Judicial Opinion Writing: Writing for the Judicial Chambers 

Class Number: 5237; Catalog Number- LAW 649

Credit: 2 Hours

Instructor(s): Prof. Parrish, Robert

Prerequisite: None

Grading Criteria: 1. Bench memo 2. Final judicial opinion 3. Class participation

Description: This course will introduce you to the writing process that judges and law clerks use to complete their work. By the end of the course, you should feel comfortable researching, drafting, and revising appellate opinions and trial orders. You should also feel more confident about thinking through legal questions and articulating your reasoning out loud. We will examine the division of labor between judges and law clerks, as well as the different perspectives of judges and litigants in resolving legal disputes.

The course is designed for students who are considering clerkships, students leaning towards litigation, or students interested in the philosophical underpinnings of decision-making. Moreover, as part of the legal writing program here at Emory, the course will perfect your skills of analysis, research, and oral and written communication.

Attendance Policy: As the class meets only once per week, students are only permitted one unexcused absence for the semester. Any additional absences will result in a fixed percentage decrease in the student's final grade.

Please note that the final judicial opinion assignment will be derived largely from the bench memo assignment. Students are in reality completing one large writing project divided into two parts. We will also take a class day to visit the chambers of one of the local courts to get a first-hand perspective from the clerks and judge of their experiences and seek some advice for those wishing to join their ranks.

*Last Updated Fall 2019

Class Number: 5347; Catalog Number- LAW 869, 001.

Credits: 3 hours

Instructor(s): Prof. Vertinsky, Liza

Preselection: https://emorylaw.wufoo.com/forms/lsr-fall-2019-seminar-preselection/ 

Prerequisite: None, but recommended for ECGAR students.

Grading Criteria: Participation, presentation, & Paper 

Enrollment: Limited to those preselected initially, any remaining students will be made available during Open Enrollment.

Description: This seminar will examine the relationships between corporations and their employees, their customers, their local communities, and the environment. It will cover a variety of contemporary topics in corporate governance and accountability that may include trends in regulatory strategies, executive compensation, board structures, the corporate social responsibility movement, corporate sustainability, shareholder activism and the use of alternative business models such as benefit corporations.

Attendance policy: Attendance and preparation for class are required and your grade will reflect both. If you have to miss a class you must inform your professor in writing before the class you will miss. In the absence of special circumstances approved by the professor, you may not miss more than two classes during the semester.  

*Last Updated Fall 2019

SEMINAR: Critical Race Theory

Class Number: 5236; Catalog Number- LAW 811

Credit: 3 Hours

Instructor(s): Prof. Brown, Dorothy

Grading Criteria: Paper, participation, Attendance; weekly 1-2 page papers on reading assignments.

Prerequisite: Completion of 1st Year of law school

Preselection: https://emorylaw.wufoo.com/forms/lsr-fall-2019-seminar-preselection/   

Enrollment: Limited to 15 Students, Class will not be open during Open Enrolment, must obtain Prof. permission to be enrolled.

Description: Critical 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.

Attendance Policy: Students are expected to attend every class given that it meets only once per week.

*Last Updated Fall 2019

SEMINAR: 867. Global Histories of Sovereignty 

Class Number: 5323; Catalog Number- LAW 867.

Credits: 3 hours

Instructor(s): Prof. Ruskola, Teemu

Preselection: https://emorylaw.wufoo.com/forms/lsr-fall-2019-seminar-preselection/ 

Prerequisite: None

Grading Criteria: Participation & Research Paper

Enrollment: Limited to those preselected, Class will not be open during Open Enrolment, must obtain Prof. permission to be enrolled.

Description: This seminar explores international law and theories of sovereignty through a comparative and historical lens, examining them from multiple perspectives beyond the North Atlantic world. We will read and discuss books and articles from several disciplines on distinctive conceptions of sovereignty in different places at different times, and we will investigate their implications for international law today. Students will read, discuss, and write short reflection papers on course readings. In addition, each student will write a research paper on a topic chosen together with the instructor.

Attendance Policy: Mandatory attendance.

*Last Updated Fall 2019

SEMINAR: Implementation of U.S. Law in International Law 

Class Number: 4322; Catalog Number- LAW 817.

Credits: 3 hours

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

Preselection: https://emorylaw.wufoo.com/forms/lsr-fall-2019-seminar-preselection/ 

Prerequisite: None

Grading Criteria: Paper

Enrollment: Class is available during Open Enrollement until capacity is met.

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.

*Last updated Fall 2019

SEMINAR: International and Comparative Patent Law 

Class Number: 4487; Catalog Number- LAW 816.

Credit: 3 Hours

Instructor(s): Prof. Bagley, Margo

Preselection: https://emorylaw.wufoo.com/forms/lsr-fall-2019-seminar-preselection/ 

Prerequisite: IP Survey, or Patent Law, concurrent enrollment is permissible. Relevant patent experience may be deemed a substitute with permission from Professor Bagley

Grading Criteria: Participation, Coursework, & Final Paper

Enrollment: After preselection, any remaining seats will be made available during Open Enrollment.

Description: This course will provide an introduction to key aspects of U.S., international, and comparative patent law and the myriad policies at play in ongoing global patent harmonization conflicts. The value of patents is increasing in many areas while at the same time the scope of patent-eligible subject matter is in flux. We will explore the impact of these forces in the creation and implementation of international agreements concerning patents, such as the Paris Convention, Patent Cooperation Treaty, the Agreement on Trade-Related Aspects of Intellectual Property, and various bilateral agreements. 
Against the backdrop of the U.S patent system, we also will consider the importance of regional patent systems such as the European Patent Convention, as well as features of other major patent players such as India, Japan, and China, and emerging issues on the continent of Africa. A discussion of current issues such as access to medicines, protection of traditional knowledge, multinational patent litigation, and the patenting of controversial inventions will be an integral part of the course.

Attendance: Class attendance and preparation are both mandatory, and I reserve the right to take attendance, as well as the quality of classroom participation, into account in assigning final grades for the semester. This course is a seminar which only meets once per week; thus any student missing more than two (2) regularly scheduled class sessions, without a compelling justification for being absent (such as being sick or having an interview) is subject to being dropped from the course.

*Last Updated Fall 2019

SEMINAR: Law & Literature 

Class Number: 4417; Catalog Number- LAW 804, 02A.

Credits: 3 hours

Instructor(s): Prof. Duncan, Martha Grace

Preselection: https://emorylaw.wufoo.com/forms/lsr-fall-2019-seminar-preselection/ 

Prerequisite: None

Enrollment: Limited to 15 students, any remaining will be made available during Open Enrollment!

Grading Criteria: Attendance, Participation, and 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.

Attendance Policy: Since this class meets only once a week, students are expected to attend every class.

*Last updated Fall 2019

SEMINAR: 868. Law, Rights, & the Information Civilization

Class Number: 5324; Catalog Number- LAW 868.

Credits: 3 hours

Instructor(s): Prof. Cloud, Albert

Preselection: https://emorylaw.wufoo.com/forms/lsr-fall-2019-seminar-preselection/ 

Prerequisites: None

Grading Criteria: Class Participation and Written Paper

Enrollment: Limited to those pre-selected, remaining seats will NOT be made available during Open Enrollment.

Description: The seminar will examine the fundamental and unpredictable twenty-first-century upheaval in human society¿including politics, economics, communications, education, social media, commerce, human relationships, and of course, law and the nature of rights¿through which we are living. Class discussions will be organized around a new and celebrated book: SHOSHANA ZUBOFF, THE AGE OF SURVEILLANCE CAPITALIZM: THE FIGHT FOR A HUMAN FUTURE AT THE NEW FRONTIER OF POWER (2019). The book is available for purchase in hardcover (ISBN No. 978-1-61039-569-4) and ebook (ISBN No. 978-1-61039-570-0) formats.

The first part of the semester will be devoted to discussions of issues raised in Zuboff's book, the second part will be devoted to discussions of student papers. Class will meet once a week for two hours. Students will have great latitude in selecting the topics for their papers. Each student's grade will be based upon both class participation and the written paper.

Attendance Policy: Consistent with ABA and Emory School of Law rules, students are required to attend all scheduled class meetings. This rule is particularly important because the course meets only once a week and emphasizes class discussion by students. Therefore, any absence must be approved by Professor Cloud. Grades will be reduced for students who have unexcused absences. 

*Last Updated Fall 2019

SEMINAR: Law & Work in Historical Perspective

Class Number: 5346; Catalog Number- LAW 866, 001.

Credits: 3 hours (Cross-listed with HIST 585)

Instructor(s): Prof. Dinner, Deborah

Preselection: https://emorylaw.wufoo.com/forms/lsr-fall-2019-seminar-preselection/ 

Prerequisite: None

Grading Criteria: Participation, Reflection Papers & Final Paper

Enrollment: Limited to those pre-selected, no Open Enrollment seats for this course.

Description: This seminar will examine law and work in the United States from a historical perspective. The purpose of the seminar will be to gain a historical understanding of how and why common law, statutory law, and constitutional law evolved to regulate the workplace, the relationship between employers and employees, and worker organizing. We will study forms of labor subject to the law as well as labor that takes place beyond the reach of the law. This will enable us to examine how the law has alternatively enhanced and diminished workers' power. The course will engage students in historical methodologies with particular attention to historical causation, contingency, and the relationship between law and society.

We will cover five major topics. We will begin in the early nineteenth century with the common law of master-servant relations and analyze how common law principles continue to shape the legal relationship between employer and employee. Next, we will examine how workers and their advocates responded to the risks employees faced following the advent of industrial capitalism, examining social insurance and its alternatives. Proceeding from the late-nineteenth century through the New Deal period, we will analyze the emergence of law regulating the collective bargaining process and the legal evolution of unions. Fourth, we will study the relationship between immigration and the labor system across the twentieth century. Last, we will examine gender and labor: paid and unpaid.

This is a reading- and writing-intensive class. Students will be responsible for weekly readings, weekly critical response papers, one oral presentation on supplemental readings, and a research paper that satisfies the law school's writing requirement. Those students who have already met the writing requirement will be able to instead complete a shorter and less research-intensive paper if they so choose.

*Last Updated Fall 2019

SEMINAR: Products Liability

Class Number: 4327; Catalog Number- LAW 838.

Credits: 3 hours

Instructor(s): Prof. Vandall, Frank

Preselection: https://emorylaw.wufoo.com/forms/lsr-fall-2019-seminar-preselection/ 

Prerequisite: Products Liability (recommended)

Grading Criteria: Paper

Enrollment: Limited to those preselected initially, any remaining seats will be made available during Open Enrollment

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.

*Last Updated Fall 2017

Class Number: 3999; Catalog Number- LAW 679, 02A

Credit: 2 Hours (Experiential Learning Approved)

Instructor: Prof. Costa, Jason 

Prerequisites: Criminal Law

Enrollment: Limited to 10 Students ONLY.

Grading Criteria: Attendance; Participation; & Performance

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 Georgia State Courts and to develop their courtroom oral advocacy skills in a real-world setting. We will examine, through readings and classroom discussion, the ways in which poor and underserved populations access justice within the framework of the traditional criminal justice system, and the increasing role of accountability courts for defendants suffering 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 (both in and 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, pleas and even possibly criminal motions or trials). 

Attendance Policy: Attendance will constitute 25% of your overall grade. Our class will involve a mix of on-campus classroom exercises, readings, and discussion along with off-campus trips to jail facilities, courtrooms, and other settings. Please note that to give you the maximum breadth of legal experiences, often off-campus activities will occur on days and times other than the standard class meeting time. Please plan to be flexible and remember that attendance will play a significant role in your grade. As we only meet once a week, anything more than one unexcused absence may have a negative impact on your grade and anything more than two unexcused absences will definitely have an impact. Also please be punctual - just like court, you’ll want to be in the room when class begins or have made the professor aware of any conflicts well ahead of time. You can’t be late to court and you can’t be late to this class. Lastly, note that while there will be flexibility in days and times you may attend court, if you don’t fulfill court attendance requirements it will affect this portion of your grade.

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 2019

Administrative Law

Class Number: 4069; Catalog Number- LAW 701

Credit: 3 Hours

Instructor(s): Prof. Arthur, Thomas

Prerequisite: Legislation & Regulation

Grading Criteria: Scheduled Exam

Description: This course builds on the administrative law principles introduced in Legislation and Regulation. It provides a complete treatment of rulemaking and adjudication by agencies, the scope of judicial review of agency action, the availability of judicial review (standing, ripeness, etc.), the role of the administrative state in our constitutional structure, in particular, the requirements of procedural due process and separation of powers. Regular attendance is required.

Advanced Evidence: Trial Evidence 

Class Number: 4454; Catalog Number- LAW 632A

Credit: 3 Hours

Instructor(s): Prof. Zwier, Paul

Prerequisite: Evidence & Trial Techniques

Grading Criteria: Team Projects; Attendance; & Take-home Final Trial

Enrollment: Limited to 24 students!

Description: This course will explore Advanced Evidence in the Context of a Criminal and Civil case, with special emphasis on the trial skills needed for cross-examination, impeachment, and direct and cross-examination of expert witnesses. There will be a heavy emphasis on learning by doing, using problems drawn from the NITA casefiles, State v. Mitchell and MacIntyre v. Easterfield.  Course objectives are: 1) to develop both a theoretical understanding of advanced evidentiary strategies for admitting evidence  and developing expert testimony using them effectively in the trial context; 2) to understand the ethical and legal implications of the trial setting; and 3) to develop a proficiency in trial skills, including how to conduct opening statements, direct and cross examinations, admit and oppose exhibits, and conduct expert witness examinations, and closing arguments.

Assigned Reading Materials:

(1) Zwier, Normative Guide to Trial Advocacy.  (Online).  Malone and Zwier,  Effective Expert Testimony  3^rd NITA

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

(3) Simulation Materials: Problems and Materials in Evidence and Trial Advocacy 6^th Edition Volumes One (Casefiles) and Two Problems.

*Last Updated Spring 2019

Advanced Issues in White Collar Defense

Class Number: 4234; Catalog Number- LAW 875A

Credit: 2 hours

Instructor(s): Prof. Ramirez, Shannon

Prerequisite: None (However, students will find it helpful to have taken at least one basic course in criminal law & procedure)

Grading Criteria: Participation & Final Paper

Description: Over the last decade, discussion on crime has gradually shifted to include both the traditional “street crimes” and corporate, white-collar and regulatory crime. This shift is primarily due to fallout from the global financial crisis of 2007–2008 and the profound impact it has had on the economy. There now exists a heightened awareness of the catastrophic effects that economic offenses can have on society and a consequential merging of criminal and civil actions. This practical course aims to introduce students to the increasingly complex state of white-collar crime and the essential tools that a defense attorney requires to effectively engage the blurring of the civil and criminal distinction. Topics covered include: business frauds, Foreign Corrupt Practices Act violations, tax evasion, health care fraud, criminal violations of the securities statutes, internal investigations, whistleblower actions, and crisis management. Students will have the opportunity to hear from practicing attorneys and investigators in the field, and to conduct research on a white-collar topic of their choosing for the final paper. Attendance counts towards a student’s class participation grade.

*Last updated Spring 2019

Class Number: 4718; Catalog Number- LAW 657, 14A (Case Law) 

Class Number: 3908; Catalog Number- LAW 657, 12A (Regulatory Law)

Accelerated Class: Case Law Section-1st seven weeks of the semester; Regulatory Law Section- 2nd seven weeks of the semester. 

Credit: 1 Hour (Experiential Learning Approved)

Instructor(s): Profs. Christian, Elizabeth & Deese, Abigail

Prerequisite: None

Case Law Grading Criteria: Participation; Attendance; Coursework; & Final Project

Regulatory Law Grading Criteria: Participation; Attendance; Coursework; & Project

Enrollment: Limited to 20 students! 

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

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

Regulatory Law Description: Mastery of Regulatory Research is a practical, skills-based course designed to provide students with a firm understanding of the fundamental structure of the US regulatory process and materials and to develop skills for finding and using those sources. Students will use traditional and transactional resources to complete skills-based tasks and complete a final project. 

Attendance Policy: This will be a one-credit, graded course meeting on an accelerated schedule for the second seven weeks of the semester. Because student participation and hands-on practice are essential for the learning experience in this course, attendance at each class session is mandatory.

*Last Updated Spring 2019

Class Number: 3923; Catalog Number- LAW 755A, 06A

Credit: 3 Hours

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

Prerequisite: None

Grading Criteria: Pass/Fail

Description: Course includes a number of practical exercises including oral arguments and client and witness interviews. We anticipate, as in the past, having several guest speakers on topics such as e-discovery, RICO, and Class Actions.

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 of the law and procedure (including appellate review) related to class certifications.

Attendance Policy: No more than 2 absences to pass this course.

Advanced Religious Freedom

Class Number: 5051; Catalog Number- LAW 846

Credit: 2 hours

Instructor(s): Prof. Witte, John

Prerequisite:  N/A

Grading Criteria: Ask Prof.

Enrollment: Limited to 20 Pre-selected Students!

Description: Ask Prof.

Note: This course is closed to new students not already selected.

*Last updated Spring 2019

Class Number: 3965; Catalog Number- LAW 605, 02A () 

Class Number: 3909; Catalog Number- LAW 605, 04A () 

Class Number: 4006; Catalog Number- Law 605, 06A (Athans/Rogers) 

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

Credit: 3 Hours (Experiential Learning Approved)

Instructor(s): Profs. Allgood, John; Athans, Michael; Rogers, Kathy; & Zwier, Paul. 

Prerequisite: None

Grading Criteria:

• Participation & a Scheduled Final Exam (Allgood)
• Attendance, Participation, Coursework, & Final Paper (Athans/Rogers)
• Team Projects, Attendance, & Take Home Exam (Zwier)

Enrollment: 16 (Allgood & Athans/Rogers); 24 (Zwier)

Allgood Description: Course introduces advocacy skills to law students who will be using negotiation, mediation, and arbitration in their career choices. Attendance, particularly for team roles plays is required. The exam grade is not the only semester evaluation. Students will participate in and be graded on team projects assigned during the semester in addition to the final semester examination.

Athans/Rogers Description: The ADR class will provide a primer on negotiations, mediation, and arbitration with some simulations providing a skills-training experience along with occasional journals and a final paper.

Zwier Description: This course will explore Alternative Dispute Resolution (ADR) with an emphasis on negotiation and mediation. There will be a heavy emphasis on learning by doing, using simulations specially prepared to teach both the lawyering skills and mediation skills needed in a variety of settings.  Course objectives are: 1) to develop both a theoretical understanding of adversarial and problem-solving negotiation  strategies for using them effectively in negotiation, mediation, and arbitration; 2) to understand the ethical and legal implications of ADR; and 3) to develop a proficiency in dispute resolution skills other than trial skills, including how to direct negotiation, mediate, and arbitrate.

An overview of negotiation, mediation, and arbitration with special emphasis on the U.S. forums under the Uniform Mediation Act, GODR, Federal Arbitration Act, GAC and related state and federal statutes, rules and regs. Discussion of techniques and applicable requirements for court-annexed and private ADR under applicable statutes, provider rules, court rules, and related regulations. Class meets once a week, split between class discussion and includes team projects and role plays applying techniques in each process discussed.

Assigned Reading Materials:

(1) Zwier and Guernsey, Advanced Negotiation and Mediation Theory and Practice, A Realistic Integrated Approach 2d. ed. 2016.

(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.

*Last Updated Spring 2019

Class Number: 3965; Catalog Number- LAW 605, 02A 

Credit: 3 Hours (Accelerated Course, see Format below)

Instructor(s): Prof. TBA

Prerequisite: None

Grading Criteria: Online Discussions, Simulations, & Final Paper

Description: The study of case law and the formal litigation process and the role it plays in our society is essential to effective lawyering. Yet less than 2% of civil cases are resolved by trial. This experiential course will explore the use of appropriate dispute resolution processes – negotiation, mediation and arbitration, and various hybrids –  by which most legal conflicts are resolved.

The course, taught in an intensive format over three weekends, will provide practical skills and experience through a combination of lecture-discussion, exercises, and simulations to ground students in both ADR theory and practice.

Course Objectives:

• Understand the various ADR processes of negotiation, mediation, arbitration, and hybrids, including the ability to consider and critique the strengths and weaknesses of each.
• Understand the causes of conflict and distinguish different negotiation styles and negotiation strategies such as integrative and distributive bargaining.
• Understand and compare the role that third parties such as mediators and arbitrators can play in dispute resolution and considerations in selecting a process.
• Understand the impact and implications of additional parties including lawyers/agents and multi-party disputes.
• Understand the ethical rules that apply to lawyers when negotiating, mediating and arbitrating a dispute.
• Demonstrate a working knowledge of the field.

Course Format and Schedule: Three weekends with 8 hours on Saturday and 4 hours on Sunday. Before the start of class, students will engage in reading and online discussion. For each class, they will be required to read from a text and prepare for a number of simulations to be conducted in class. Following each weekend session, they will be required to engage in online discussion/reflection and/or write a brief reflective journal entry. After the final class students will be required to write a brief paper.

Class 1) January 26-27, Class 2) February 9-10, Class 3) February 23-24 and inclement weather make dates March 9-10. Class times are 9AM-5PM unless otherwise noted by the professor.

Class Number: 3988; Catalog Number- LAW 560, LLM1

Credit: 2 hours

Instructor(s): Prof. Daspit, Nancy

Prerequisite: None

Grading Criteria: Coursework & Final Memo

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. 

Attendance Policy: Two or more unexcused absences can result in your grade being lowered.

NOTE: Enrollment is restricted to LLM students who received their first law degree from a law school/faculty in a country other than the United States.

*Last Updated Spring 2019

Class Number: 4022; 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: ALWAR I

Grading Criteria: Coursework & Final Motion Brief

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. 

Attendance Policy: Two or more unexcused absences can lead to your grade being lowered.

Note: International LLM students who want to sit for the Georgia bar exam must take this class. If this class is not required for you, and you are undecided about taking the class, It is strongly recommended that you attend the first class to be considered for adding the course during the drop/add period.

*Last Updated Spring 2019

Class Number: 4038; Catalog Number- LAW 655A

Credit: 3 Hours

Instructor(s): Prof. Cleaver, Kathleen

Prerequisite: None

Grading Criteria: Research Paper & Class Presentations

Description: This course examines the legal evolution during the 19th and 20th centuries of the understanding of race and the role of indigenous peoples within the U.S. The workshop will study the Civil War amendments, 19th century legislation, the incorporation of Mexican territory, the citizenship of Mexicans, the citizenship of Asians, and the transformative 1960s Civil Rights legislation.

*Last Updated Spring 2019

Class Number: 3997; 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.

Attendance Policy: Attendance is mandatory. I expect you to let me know in advance if you cannot be present in class. Five or more absences will result in a loss of class participation points.

*Last Updated Spring 2019

Class Number: 3995; Catalog Number- LAW 702, 10A

Credit: 3 Hours

Instructor(s): Prof. Arthur, Thomas

Prerequisite: None

Grading Criteria: Scheduled Final Exam

Description: This course is an introduction to American competition law. It covers the following topics: agreements among competitors, monopolization by single firms, mergers, both between competitors and buyers and sellers, contractual restraints imposed by sellers on their customers (price and nonprice restraints by manufacturers on their distributors, tying and exclusive dealing by sellers with market power).

*Last Updated Spring 2019

Analysis, Research, and Communication ("ARC")

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

Class Number: 4074; Catalog Number- LAW 590E, 001 (JM & LLMs w/approval) 

Class Number: 4092; Catalog Number- LAW 590E, 002 (Online JM format Students Only)

Credit: 2 hours 

Instructor(s): TBA

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.

*Last Updated Spring 2018

Asylum Law

Class Number: 4236; Catalog Number- Law 691, 06A

Credit:  2 Hours

Instructor(s):  Prof. Kuck, Charles 

Prerequisite: None

Grading Criteria: Participation & Take-home Exam

Description: This course will cover what happens once a non-citizen has been charged and placed in immigration removal proceedings (formerly called deportation proceedings). The student will study each step of the proceeding, with the choices that the client and her representative must make in an effort to avoid removal: responding to the charges and putting the government to its proof; determining the client’s immigration history; determining the client’s eligibility for any relief from removal; preparing a winning case on paper; preparing the client and other witnesses to testify what options are available for appeal and the requirements for filing a motion to reopen. We will also cover federal court litigation of immigration cases.  The course will cover the legal standards and the preparation of the following applications for relief cancellation of removal, Violence Against Women Act (VAWA), 212 (c), LPR and non-LPR cancellation of removal, and affirmative asylum relief, along with withholding of removal and relief under the Convention Against Torture. Given that recent developments have greatly increased the complexity of asylum law, the course will cover this area in depth. The course will also briefly cover adjustment of status and voluntary departure, as well as the admission process. The course will not emphasize courtroom skills; however, we plan to arrange a visit to the class from an Immigration Judge or ICE Assistant Chief Counsel.  In addition, members of the class are welcome to arrange with me an opportunity to attend hearings in Immigration Court at any time during the semester.  In addition, the skills necessary to prepare court cases will be emphasized throughout the course, with class discussion and scenarios

*Last Updated Spring 2017

Banking Law

Class Number: 4039; Catalog Number- LAW 604 

Credit: 3 hours

Instructor(s): Prof. Elliott, Jim

Prerequisite: None

Grading Criteria: Scheduled Final Exam

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

*Last updated Fall 2015

Barton Appeal for Youth Clinic

Class Number: 3973; Catalog Number- LAW 635D

Credit: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Reba, Stephen

Prerequisite: None

Grading Criteria: None (based on the 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: 3911; Catalog Number- LAW 635C

Credit: 3 hours (Experiential Learning Approved)

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 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

Class Number: 3984; 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.

Attendance Policy: More than two absences will require professor approval

*Last Updated Spring 2019

Class Number: 4235; Catalog Number- LAW 762, 12A

Credit: 1 Hour (Accelerated Course)

Instructor(s): Prof. Deese, Abigail

Prerequisite: None

Grading Criteria: Participation; Attendance; Coursework; Project; & Group work

Description: Business and Tax Legal Research is a practical, skills-based course designed to provide students with a firm understanding of the fundamental structure of business, corporate, and tax legal resources and to develop skills for finding and using those sources. Students will use transactional resources to complete skills-based tasks and complete a final project. 

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

*Last Updated Spring 2019

Business Associations

Class Number: 3979; Catalog Number- LAW 500X, 001 (Shepherd)

Class Number: 4046; Catalog Number- LAW 500X, 002 (Saudek)

Credit: 3 hours

Instructor(s): Profs. Saudek, Robert & Shepherd, George

Prerequisite: None

Grading Criteria: Participation/Attendance & Scheduled Final Exam

General Description: This course surveys the 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).

SaudekDescription: This course teaches students about the types of entities through which most businesses are conducted (corporations, general and limited partnerships, limited liability companies) and the rights and obligations of the various partners, members, managers, officers, directors, and investors. 

Attendance Policy: Students are expected to attend all classes unless they have a bonafide reason for an absence.

*Last Updated Spring 2019

Class Number: 4071; 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

Class Number: 3910; 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 (Experiential Learning Approved)

Instructor(s): Prof. Moore, Josh

Prerequisite: Evidence, Criminal Law, & Criminal Procedure

Grading Criteria: Participation & Coursework

Description: This is a three-hour clinical course thought in conjunction with the Office of the Georgia Capital Defender, the state agency responsible for representing all indigent defendants statewide facing death penalty trials or on direct appeal from a death sentence. Second and third-year law students from Emory and Georgia State will assist Capital Defender trial attorneys in all aspects of preparing their clients’ cases for trial and appeal.

As an integral part of the defense team, students assist in conducting investigations, interviewing clients and potential witnesses, putting together forensic evidence, gathering documents, doing research, drafting pleadings, formulating a theory of defense and making strategic decisions for each phase of a capital case. Students will also have the opportunity to do “mock” motions arguments and to present a jury sentencing argument based on the facts of their actual cases. 

In addition to working directly with attorneys and staff, students gather weekly for discussions about the cases they are working on and topics in death penalty jurisprudence. The students in this clinic are involved in the effort to make a strong case for life at trial and to build factual and legal narratives that will lead to the reversal of death sentences on appeal. This means students will focus heavily on the real (and often tragic) stories of their clients’ lives, as opposed to technical or arcane points of law.

The classroom component of this clinic will meet for 2 hours each week at the offices of the Georgia Capital Defender in downtown Atlanta at the State Bar Building. A required text will be assigned. In addition to attending class, students will work on client matters for approximately 10 hours a week. A total of 150 hours is required for credit. The course is graded on a pass/fail basis. Timesheets will be collected on a weekly basis. Class meets on Tuesdays from 3:30 pm to 5:30 pm. In light of the fact that the course is taught by a practicing attorney, it is recommended that students do not schedule classes after 5:30 pm on Tuesdays in the event that the class needs to periodically meet after business hours.

Attendnace Policy: Grading will not be based on attendance.

*Last Updated Spring 2019

Career, Strategy, & Design

Class Number: 4511; Catalog Number- LAW 599B, 001

Credit: None (pass/fail zero credit course)

Instructor(s): Prof. Rooks, Mareasa

Prerequisite: None

Grading Criteria: Participation

Description: Career Strategy and Design (CS&D) is a mandatory, non-credit course offered to 1L students by the Center for Professional Development & Career Strategy (Career Center).  This six-week series will take place for four consecutive weeks in September 2018 and for two weeks in early Spring 2019.  The goal of the course is to help you successfully bridge the gap from law school to practice. The program will benefit students interested in traditional legal careers and those seeking non-traditional paths. Topics include identifying professional strengths, choosing a career path, approaching the job search, creating job search documents, establishing and building relationships, preparing for interviews, and learning about the 1L summer recruiting and 2L fall externship processes.

Note: 1Ls students will automatically roll over from Fall into this Spring course, the class will only meet twice."

*Last Updated Spring 2019

Catalyzing Social Impacts 

Class Number: 4028; Catalog Number- LAW 880B, GBS

Credit: 3 Hours (Cross-listed with BUS 336/BUS 535)

Instructor(s): Prof. Martin, Randy; (Goizueta Business School) and Prof. Shalf, Sarah & 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 food gap plan to address food poverty in metro Atlanta; developing the requirements and qualifications for wildlife conservatorium subscription-based platform; locating feasible sites in Atlanta for a sustainable composting business; 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 4 and 8 students, depending on project availability and MBA enrollment. The first 4 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. 

In order to participate in the course, those selected will be required to be available for the following:

• Team Reveal on Nov 26 (4-5:30p)
• JumpStart – Sunday, Jan 13 (Hours TBA)
• Monday team meetings in spring – 4-5:30p

*Last Updated Spring 2019

Class Number: 3959; 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: 3961; Catalog Number- LAW 958, 06A

Credit: 3 Hours (Experiential Learning Approved)

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

Prerequisite: Evidence & Trial Techniques

Grading Criteria: Course Work; Pretrial Conference; & Trial 

Description: This is intended as a learn-by-doing course, in which all phases of a real trial will be performed by each student and thereafter critiqued, following up on Trial Techniques but tracking a particular family law fact pattern. It is intended to further the pursuit of litigation skills, taught by well-qualified trial lawyers and judges known for their expertise in the courtroom, and the ability to analyze student performances. A mid-semester hearing followed by a final trial at the end of the semester before live jurors and judges are required, having built on the preparation of the case during the semester. Attendance is taken and will be used in the overall grade.

The course will not extend into the preparation for the final exam schedule.

*Last Updated Spring 2019

Colloquium Scholarship Workshop

Class Number: 4237; Catalog Number- LAW 860A, 02A

Credits: 2 Hours

Instructor(s): Prof. Nash, Jonathan

Prerequisite: Civil Procedure; Constitutional Law; Contracts; Criminal Law; Leg/Reg; Property; & Torts.

Grading Criteria: Weekly Papers & Participation/Attendance

Enrollment: Limited to 6 students!

Preselection Form: https://emorylaw.wufoo.com/forms/lsr-spring-2019-seminar-preselection/ 

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 Jonathan Nash, on Thursday afternoons. 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 to each colloquium piece.

The CSW will be graded on a pass/fail basis, but with high attendance and participation standards set for what constitutes a passing grade. Do not apply for this class if you have other commitments during the lunch hour on Wednesdays (even only sporadic). Enrollment Students enroll in the CSW in accordance with the same procedures used for seminars (advance application during the pre-selection process). However, enrollment is limited to six students, 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).

*Last Updated Spring 2019

Conflict of Laws 

Class Number: 4010; Catalog Number- LAW 709, 12A

Credit: 3 Hours

Instructor(s): Prof. Hay, Peter

Prerequisite: Civil Procedure (Preferred) 

Grading Criteria: Participation & Scheduled Final Exam or Take-Home (student choice)

Description: The course deals with all problems that arise in cross-border cases (state to state, state-foreign country), such as cross-border contracts, torts, inheritance, family law issues like child custody. The three parts of the course discuss when a court has jurisdiction over out-of-state defendants, what law it applies (its own or another state's), and how out-of-state judgments are enforced. Differences between state and federal court proceedings will be emphasized.

Attendance Policy: Attendance is required. A student may be dropped if there are more than two (2) unexcused absences.

*Last Updated Spring 2019

Constitutional Criminal Procedure: Investigations

ClassNumber: 4086; Catalog Number- LAW 622A, 001

Credit: 3 hours

Instructor(s): Prof. Levine, Kay 

Prerequisite: None

Grading Criteria: Class Participation & Scheduled Final Exam

Description: This class explores the constitutional problems posed by police behavior in the context of pre-trial proceedings: searches, seizures, and interrogations. We will also consider the challenges created by the courts’ attempts to regulate police behavior and explore other possible forms of police regulation that might better serve our constitutional values.

Attendance Policy: Students may miss 3 classes without penalty. At the 4th absence, I will impose a one-third of a step reduction in the final grade (from a B+ to B, for example). A student who has 7 or more absences will be dropped from the class.

*Last Updated Spring 2019

Class Number: 3966; Catalog Number- LAW 710, 02A 

Credit: 3 Hours

Instructor: Prof. Beck, Joseph

Prerequisites: None

Grading Criteria: Participation & Scheduled Final Exam

Description: Copyright 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.

I use some of my own reported and unreported copyright /right of publicity cases in which I represented or sued movie makers, TV networks, musicians and celebrities so that I can teach not just copyright (which you can read in books) but how to practice law --the unreported reasons why I won (or lost). I want it to be useful.

*Last Updated Spring 2019

Corporate Finance

Class Number: 4011; Catalog Number- LAW 712, 12A

Credit: 3 Hours

Instructor(s): Prof. Shepherd, George 

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. 

*Last Updated Spring 2018

Class Number: 3951; Catalog Number- LAW 959, 01A

Class Number: 3964; Catalog Number- LAW 959, 02A 

Credit: 1 Hour (Experiential Learning Approved)

Instructor(s): Prof. Metzger, Janet

Prerequisite: Evidence & Trial Techniques

Grading Criteria: Participation, Attendance, & Coursework

Enrollment: Strictly limited to 12 students!

Note: Class open only to 3Ls

Description: This course applies theater arts techniques to the practical development of persuasive presentation skills in any high-pressure setting, especially the courtroom. 
Using lectures, exercises, readings, individual performance, and video playback, the course helps students develop concentration, observation skills, storytelling, spontaneity, and physical and vocal technique. Small class size encourages frequent opportunities for “on your feet” practice.
Held in the Law School courtroom, the class provides the optimal simulation of a real-life experience. Assignments and in-class exercises are designed to help students learn how to appear and feel confident; project their voice and use more vocal variety; cope with anxiety; stand still and move with purpose; improve eye contact with jurors as well as witnesses; gesture effectively and create a compelling story. The student will complete the course with increased confidence and ample tools for artful advocacy.

Attendance policy: Only 2 absences are permitted. Students must write a short summary of each class missed based on responses from contacting 3 students in their class.

Criminal Law Defense

Class Number: 4073; Catalog Number- LAW 700C, 00D

Credits: 1 hour (Class will meet every other week)

Instructor(s): Prof. Berne, Steve

Prerequisite: Criminal Law & Evidence; Criminal Procedure is preferred.

Grading Criteria: Participation & Scheduled Final Exam

Enrollment: Limited to 15 students! 

Description: This course will address several traditional and modern criminal law defenses, including "stand your ground" self-defense, battered person's syndrome and opioid intoxication. Students will be challenged to think about possible future defenses. Attendance is mandatory and will count toward the final grade.

*Last Updated Spring 2019

Criminal Pretrial Motions Practicum 

Class Number: 4238; Catalog Number- LAW 622X

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Krepp, Thomas

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

Grading Criteria: Participation & Written Assignments.

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.

Attendance Policy:
Attendance is a critical part of the course. Students are permitted to miss one class during the semester; additional absences must be approved by the professor and may result in a decrease in the final grade.

*Last Updated Spring 2019

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 »

Class Number: 3953; Catalog Number- LAW 659E, 09A

Class Number: 4054; Catalog Number- LAW 659E, 09B

Credit: 3 Hours (Experiential Learning Approved)

Instructor(s): Prof. MacKay, Christine

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

Class Number: 3954; Catalog Number- LAW 659G, 02A

Credit: 3 Hours (Cross-listed w/B-School & Experiential Learning Approved)

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

• Class Number: 3983; Catalog Number- LAW 659A, 04A 
• Class Number: 3980; Catalog Number- LAW 659A, 04B
• Class Number: 3981; Catalog Number- LAW 659A, 04C
• Class Number: 3991; Catalog Number- LAW 659A, 04D
• Class Number: 3982; Catalog Number- LAW 659A, 04E 
• Class Number: 3998; Catalog Number- LAW 659A, 09A 
• Class Number: 3993; Catalog Number- LAW 659A, 09B  

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

Credit: 3 Hours (Experiential Learning Approved)

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 30-page on specific homework assignments and class participation.

*Last Updated Spring 2016

Class Number: 3955; Catalog Number- LAW 659H, 06A

Credit: 3 Hours (Experiential Learning Approved)

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

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

Grading Criteria: Class Participation (including but not limited to attendance and Projects).

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 experiential 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.

Attendance Policy: Because student participation is essential for the success of this experiential 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.

Note: Seats for non-transactional certificate students will be available during open enrollment on a space-available basis for students meeting applicable prerequisites.

*Last Updated Spring 2019

• Class Number: 3956; Catalog Number- LAW 659B, 04A 
• Class Number: 3960; Catalog Number- LAW 659B, 04B
• Class Number: 4052; Catalog Number- LAW 659B, 04C
• Class Number: 3970; Catalog Number- LAW 659B, 04D 
• Class Number: 3971; Catalog Number- LAW 659B, 04E 
• Class Number: 3972; Catalog Number- LAW 659B, 04F

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

Credit: 3 Hours (Experiential Learning Approved)

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

Class Number: 3967; Catalog Number- LAW 659J, 05A

Credit: 3 Hours (Experiential Learning Approved)

Instructor(s): Prof. Tapp, Elliot

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

Grading Criteria: Class participation (incl. but not limited to attendance), Homework, Projects

Enrollment: Limited to 12 students!

Description: This course is designed to start a process of changing how you think about lawyering by shifting your focus from academia to application. We will do this in the context of mergers and acquisitions (M&A) by providing a practical overview of the process and documentation involved and by participating in exercises designed to simulate those junior transactional associates are commonly expected to undertake. Our ultimate objective is to better prepare you for what will be expected of you in a law firm environment. Because of the experiential nature of this course, attendance is mandatory.

Note: Open enrollment will be available to non-transactional certificate students on a space-available basis to students with required prereqs once open enrollment starts.

*Last Updated Spring 2016

Class Number: 4058; 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)

Description: Team 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

Class Number: 4099; Catalog Number- LAW 659R, 001

Credit: 3 Hours

Instructor(s): Prof. Dozier, Martin

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: Participation and Performance in Class (including but not limited to attendance), Homework as assigned; Comprehensive Individual Project

Enrollment: Limited 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.  

Note: Students not pursuing the Transactional Certificate, can enroll during open enrollment if they meet the applicable prerequisites.

*Last Updated Spring 2019

Class Number: 3957; Catalog Number- LAW 659C, 04A

Credit: 3 Hours (Experiential Learning Approved)

Instructor(s): Prof. Spear, Doug

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

Class Number: 3996; Catalog Number- LAW 669, 02A

Credit: 3 Hours

Instructor(s): Prof. Dinner, Deborah 

Prerequisite: Constitutional Law & Leg/Reg (preferred)

Grading Criteria: Paper & Scheduled Final Exam

Description: This course considers legal prohibitions on employment discrimination. It focuses on Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination based on “race, color, religion, sex, or national origin.” Legal readings will be supplemented by materials from history, psychology, philosophy, economics, and literature. The course will address topics including how to define discrimination, frameworks for proving discrimination, sexual harassment, affirmative action, and accommodation. We will examine questions including whether employment discrimination law should focus on protecting classes, eliminating stereotypes, or something else, whether the law should account for research from other disciplines such as psychology, and whether the law should forbid discrimination on the basis of additional categories.

Attendance Policy: Students missing six classes, except in cases of serious and prolonged illness, will be required to withdraw from the course.

*Last Updated Spring 2019

Class Number: 3963; Catalog Number- LAW 669X, 06A

Credit: 1 Hour

Instructor(s): Prof. Shultz, Chad 

Prerequisite: Employment Discrimination is recommended (concurrent ok)

Grading Criteria: Participation; Attendance; & Coursework (demand letter, brief).

Enrollment: Limited to 8 students!

Description: The class meets 7 times for 2 hours each and attendance is critical to getting the most from the experience. We work a sexual harassment case from meeting the clients (Plaintiff and defense), though a jury trial. The class is divided into two opposing firms and each student writes a demand (or response) letter, takes a deposition, and writes a motion for summary judgment brief (or response), before participating in a jury trial.

*Last Updated Spring 2019

Energy Law

Class Number: 4239; Catalog Number- LAW 660, 04A

Credit: 3 Hours

Instructor(s): Prof. Crofton, Peter

Prerequisite: Property & Contracts

Grading Criteria: Scheduled Final Exam

Description: The course is designed to be a Second- and Third- Year Elective Course. The course will complement the existing courses in environmental, administrative, tax, and international law. The energy course, which will examine the interrelationship of economics and regulations, will also complement the Economic Analysis of Law course.
The course will be formatted as a three-hour class (credit hours). The class will involve traditional reading assignments from the textbook and some of the other course materials. There will also be reference to other resource materials for additional information, such as historical perspectives and additional technical information on energy technologies (IGCC, hydrogen, nuclear fusion, etc.). Traditional lectures will comprise the bulk of each class, but class discussions on policy and policy implementation issues will be an important part of each topic. Students need to learn to think about energy issues in the context of the interrelation between energy and other aspects of life including national security, economic development, natural resource management, and human nature.
The material is presented from a "real world" perspective, and students are encouraged to look at energy-related issues from the standpoint of an energy lawyer. The course involves significant reading along the lines of that which an energy lawyer would perform in the normal course of preparing to advise a client about an energy issues. Students are encouraged to view energy issues in the context of the historical, economic and political influences that give rise to and lead to changes in the legal framework that applies to energy.

Students attendance is STRONGLY recommended, but not required. However, in the past, student attendance shows a strong correlation with performance on the exam.

*Last Updated Spring 2019

Class Number: 3912; 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 2019

Environmental Law

Class Number: 4042; Catalog Number- LAW 624X

Credit: 3 hours

Instructor(s): Prof. Purdom, Rebecca

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 2019

Class Number: 4015; Catalog Number- LAW 620L, 001

Credit: 2 Hours

Instructor(s): Prof. Tulibacka, Magdalena

Prerequisite: EU Law I recommended

Grading Criteria: Participation, Attendance, & Final Paper

Description:The course allows the students with an interest in the European Union to focus on a number of selected areas of substantive EU law and to understand their impact globally, including on U.S. businesses. The impact is becoming quite significant in many areas of law, and the course focuses on some of the most significant: data protection laws, antitrust laws, consumer protection laws, product liability laws, and elements of corporate and tax law. The students will also receive an introduction to European civil justice systems, giving them an idea of how cases are litigated there, what challenges litigants may expect in European courts and when using ADR mechanisms. 

Classes are interactive and discussion-based. Students are expected to prepare before sessions. We shall be studying EU statutory law, judgments of the EU courts, academic commentary, some policy papers, and other materials. 
Because of the nature of the course, attendance is mandatory and constitutes 20% of the final grade. Participation in class (including contributions to discussions, some case reviews, and participation in group exercises) constitutes further 30% of the grade. During the course, the students will be selecting, with the Professor’s help, the topic for a final paper (4000 words including footnotes). The paper will be the remaining 50% of the final grade. 

Attendance is mandatory other than excused absences. 

*Last Updated Spring 2019

Class Number: 3968; Catalog Number- LAW 632X, 04A (Carroll)

Class Number: 4068; Catalog Number- LAW 632X, 04B (Morrison)

Credit: 3 Hours

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

Prerequisite: None 

Grading Criteria: Scheduled Final Exam

General 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.

Morrison Description: The Rules of Evidence dictate how and when facts may be proved or disproved at trial. This course focuses on the Federal Rules of Evidence. The goal of the course is to help you learn how to apply the Rules to a variety of factual situations through problems and hypotheticals, so that you can recognize potentially inadmissible evidence and argue why it should or should not be admitted. The key to this class is learning to articulate why a particular piece of evidence should be admitted or excluded in light of the context and the facts of the problem.

You should think of this as a statutory class, focused on the Federal Rules of Evidence. That is why the single most important reading assignment for each class will be the text of the Rules assigned and the Advisory Committee Notes that follow, which explain how the rule should be applied. Everything else—the casebook, the problems, the film clips—simply illustrate or explain those rules, and will not be nearly as valuable if you haven’t read the rules first. 

The assignments typically include two or more Rules of Evidence, cases and supporting material, and several hypothetical problems. The problems help you apply the rules and often illuminate points that you may have missed upon your first reading of a particular rule. 

For the most part, the cases we read are only to help you understand how the Rule is actually applied—we will not spend hours dissecting the cases like you do in other courses. In reading cases for this class, the main focus will be on identifying the evidentiary issue, knowing the court’s holding and its reasoning for that holding. You do not need to brief cases; you just need to be prepared to answer the following questions for each case: 

a. What is the contested evidence in this case?
b. What are the arguments for and against the admission of this evidence?
c. What is the court’s ruling and why?

Attendance policy: Attendance, preparation, and professionalism are important parts of this class. I expect you to come to class, be well prepared and to participate. Therefore, I use a “bright line” attendance policy. Each student is entitled to either one unexcused absence or three excused absences during the semester without any penalty.

If a student just misses class with no explanation, that is an unexcused absence. If the student lets me know in advance that they will not be attending, that is an excused absence. As mentioned above, I will allow one unexcused absence or three excused absences with no penalty.

After that, I will deduct one point from your total grade (out of 100) for every unexcused absence and a half point for every excused absence.

*Last Updated Spring 2019

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 (Experiential Learning Approved)

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

Class Number: 3958; Catalog Number- LAW 633, 10A

Credit: 3 Hours

Instructor(s): Prof. Woodhouse, Barbara

Prerequisite: None

Grading Criteria: Participation/Attendance & Take-home Final Exam

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

Attendance Policy: More than three unexcused absences will result in a deduction of credit.

*Last Updated Spring 2019

Class Number: 4240; Catalog Number- LAW 721

Credit: 3 Hours

Instructor(s): Prof. Smith, Fred

Prerequisite: None

Grading Criteria: Scheduled 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 the 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.

*Last Updated Fall 2015

Federal Income Tax: Corporations

Class Number: 3914; Catalog Number- LAW 642, 10A

Credit: 2 Hours

Instructor(s): Prof. Fowler, Lynn

Prerequisite: Fundamentals of Income Tax 

Grading Criteria: Take-home 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: Partnerships

Class Number: 3915; Catalog Number- LAW 942, 04A

Credit: 2 Hours

Instructor(s): Prof. Beaudrot, Charles  & Prof. Schueneman, Wade

Prerequisite: Basic introductory course on federal income tax. In addition, it is highly advantageous if students have already taken or are simultaneously taking corporate taxation

Grading Criteria: Three scheduled monthly multiple choice/true-false quizzes (20% each, 60% total); Scheduled Final Multiple choice/True-false Exam (30%) and 10% class participation

Description: In this course, students will learn the key basic principles of federal income taxation of partnerships and partners. Entities taxed as partnerships (LLCs, Limited Partnerships, Joint Ventures, etc.) dominate the real estate industry, venture capital funds and private equity industries and small and middle market sectors of the economy. An understanding of basic partnership tax principles is extremely important for lawyers practicing in those sectors. Students completing the course will also learn when to use entities taxed as partnerships as the entity of choice in practice. Attendance is required although excused absences are liberally granted. Unexcused absences will adversely affect a student's grade.

Attendance Policy: Attendance is required and unexcused absences will adversely affect the grade.

Note: Partnership taxation is a difficult topic. Learning the basics in law school is vastly easier than learning "on the job". This is a highly interactive course with much classroom work focusing on illustrative examples.

*Last Updated Spring 2019

Introduction to Financial Compliance

Class Number: 4056; Catalog Number- LAW 759

Credit: 2 Hours

Instructor(s): Prof. Clemmons, Morgan

Prerequisite: None

Grading Criteria: Participation; Coursework; & Scheduled Final Exam.

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.

This course relies heavily upon course materials, which are made available to you through the reserve system and in canvas. Time permitting, this course will have 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 2019

First Amendment: Religious Liberty

Class Number: 4241; Catalog Number- LAW 601B *Cross-listed w/School of Theology

Lab Class Number: 4126; Catalog Number- LAW 894

Credit: 3 hours (Course) & Optional 1 hour (Lab)

Instructor(s): Prof. Witte, John

Prerequisite: None

Grading Criteria: Participation & 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 and due the last day of the exam period. 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.

Students in this course are welcome to take a supplemental one-credit hour lab that features presentations and discussions with several leading scholars and practitioners in religious freedom, and the preparation of a 1000-word take-home paper assignment graded on a pass/fail basis due at end of the spring exam period.  We will discuss the mechanics of this lab during our first class together; thereafter the registrar will invite you to register for the lab if you are interested.

*Last Updated Spring 2019

Class Number: 3916; Catalog Number- LAW 890A, 04A

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

Credit: 3 Hours (Experiential Learning Approved)

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

Class Number: 3989; Catalog Number- LAW 736, 12A 

Credit: 3 hours

Instructor(s): Prof. Naegele, Kim

Prerequisite: None

Grading Criteria: Participation & Take-home Exam

Description: Comprising nearly 20% of the economy, health care in the U.S. is a highly regulated system of providers, public and private payers, drug and device manufacturers, and various third-party intermediaries.  This course will provide an introduction to the legal framework underlying the dynamic and challenging practice of health law, including selected aspects of the recently enacted Affordable Care Act (commonly referred to as “Obamacare”).  Likely topics include:  regulation and accreditation of physicians and institutions, coverage and reimbursement of medical services and drugs/devices, patient confidentiality and informed consent, fraud and abuse, and antitrust issues with provider and insurer consolidation.  Coverage may also include recently enacted or proposed reforms, or areas of current debate with significant impact on the healthcare system.

Health Law and Ethics in Narrative Workshop

Class Number: 5150; Catalog Number- LAW 738B 

Credit: 1 hour (Accelerated Course- meets for 7 weeks only)

Instructor(s): Prof. Satz, Ani

Prerequisite: None

Grading Criteria: Participation; Attendance; & Weekly Response Papers

Preselection Form: <Email Prof.> Please include in your email a few sentences about why you are interested in the course. Please indicate your degree program and matriculation date.

Description: In this pass/fail course, we will read nonfiction and fiction as well as view films about health law and medical ethics. We will examine the roles of patients, providers, regulators, healthcare institutions, and payors through the lenses of these narratives, covering issues about access, cost, quality, and choice, among others. Each week, you will prepare a one-page response post to the narrative and will be expected to participate actively in class. The class will be organized around discussion of your papers and lectures providing supporting material. I will entertain suggestions about articles, books, and films from enrolled students through mid-December.

Attendance Policy: Regular attendance is required, absent an emergency or contagious illness.

*Last Updated Spring 2019

Higher Education Law 

Class Number: 4014; Catalog Number- LAW 665, 001

Credit: 3 hours

Instructor(s): Prof. Fowler, Paul PhD

Prerequisite: None

Grading Criteria: Class Discussion, Attendance, Weekly Case Briefs, Weekly Case Summaries, Weekly Case Scenarios, Group Mock Trial, Final Exam Case Study  

Description: The course is designed to expose the student to a range of administrative challenges at the post-secondary 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. Among the topics to be discussed will be the bases from which higher education law originates, current (case, state and regulatory) law, as well as risk management and liability issues for higher education.

Course Purpose: The purpose of this course is to introduce the learner to the basic and current legal concepts that face American higher education today. To do this, the course will assist the learner to (1) recognize ethical and legal issues, (2) develop analytical skills in order to think more clearly and confidently about legal and ethical issues, and (3) develop the ability to make professional decisions from a legal and/or ethical perspective.

As a result of this course, it should become clear to the learner that (1) there are important ethical/legal issues embedded in every professional decision, (2) that one’s understanding of and reaction to professional issues can make a difference from both a personal and institutional perspective, and (3) that there are a variety of ways to approach legal issues, some of which can better address those issues than others.

Course Objectives/Competencies: At the conclusion of this course, the enrolled student who regularly attends and actively participates in class will:

Possess a basic understanding of the major legal principles which confront American higher education today,
be able to perform basic legal research,
be able to describe important legal concepts, sources, cases, and other related issues which face American higher education, and
be able to demonstrate the application of legal concepts in the higher education decision making context.

Course Requirements: All students enrolled in the course will be expected to complete the following requirements:

Complete all reading assignments in a timely manner.

Attend class on a regular basis, participate actively in class discussions, and be ready to discuss the topic(s) for the particular class session.

Prepare and submit “case briefs” for cases as assigned by the instructor and be able to provide the class with analysis of a case or cases as requested by the instructor.

Complete weekly case scenario challenges.

Depending on the size of the class, facilitate weekly topical discussion.

Group Project: Prepare and defend assigned position in team mock hearing related to First Amendment Case Study.
Enthusiastically engage in final case-study “exam” covering all relevant topics of the semester.


Grading: Class Participation and Preparation – 10%; Case Briefs and Analysis – 10%; Weekly Case Scenario Challenges – 30%; Group Project – 20%; & Case Study Final – 30%

Late assignments will result in a 10-point reduction. Discovery of plagiarism or cheating on an assignment will result in failure of the course. Please be sure to read the Emory University School of Law Professional Conduct Code (Links to an external site.)Links to an external site. for more information as to student expectations and academic integrity.

Attendance Policy:
Given that the class meets only once per week for three hours, attendance is critical to success in the course. One missed class will not impact grade if all work associated with the missed class is submitted within a week of the missed class. Failure to submit assigned work will result in a 10 point grade deduction to the final point total.

A second missed class will result in a 10 point reduction; and every subsequent class missed will double the point deduction. The maximum number of missed classes is three - four or more missed classes will result in failure of the course (or a withdrawal if approved by the Registrar).

Note: This is a Higher Education "Hot Topics" Decision-Making course. The Constitution, Legislative Enactments, and Case Law will provide the foundation for addressing many of the current and historical issues facing colleges and universities. Success in the course will not be predicated upon mere knowledge of the law, rather a sound application of the law.

*Last Updated Spring 2019

Human Rights Advocacy 

Class Number: 4249; Catalog Number- LAW 690B

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.

*Last Updated Fall 2017

Human Sex Trafficking

Class Number: 4400; Catalog Number- LAW 624C

Credit: 3 hours

Instructor(s): ADAs. Racine, Dalia & Bryant, Destiny

Prerequisite: Evidence

Grading Criteria: Participation, Classroom Exercises, & Written Assignments.

Enrollment: Limited to 16 students only!

Description: This class will provide an overview of the topic of Human Trafficking and the impact it has on legal systems, service providers and society-at-large. Through this course, we will inspect the code sections that deal with this subject matter on a federal, local, domestic and international level. We will also cover issues with the prosecution and how to effectively prosecute a human trafficking case. In addition, we will discuss and research how to deal with the victim population and recidivism into “the life”. Finally, this course will cover the impact of human trafficking on society and how to create real-world solutions to this epidemic.

Note:  The course will meet once per week. The course will consist of speaker presentations, review of assigned readings, and student presentations. 

*Last Updated Spring 2019

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

Class Number: 4199; Catalog Number- LAW 570A, LLM This course is for LLMs only

Class Number: 4953; Catalog Number- LAW 570B, OJM This course is for JMs only

Class Number: 4090; Catalog Number- LAW 570E, 001 This course is online only 

Class Number: 4091; Catalog Number- LAW 570E, 002 This course is online only.

Credit: 2 hours

Instructor(s): Prof. Mathews, Jennifer 

Prerequisite: None

Grading Criteria: Attendance/Participation, Oral Presentation, & In-class Final Exam

JM Description: This course provides an overview of the constitutional principles, history, and governmental structures that shape the U.S. legal system; the constitutional foundations of the U.S. legal system, including the concepts of separation of powers and federalism; the structure of the state and federal court systems and concepts of jurisdiction; the mechanisms by which the law is assessed and applied by the courts; the relationship between law and society; the primary subject areas of first-year legal study; the role of lawyers and non-lawyers in the management of legal matters; and legal analysis and advocacy skills.

LLM Description: Designed for lawyers trained outside of the United States, the course provides an overview of the constitutional principles, history, and governmental structures that shape the U.S. legal system; the constitutional foundations of the U.S. legal system, including the concepts of separation of powers and federalism; the structure of the state and federal court systems and concepts of jurisdiction; the mechanisms by which the law is assessed and applied by the courts; the role of lawyers and the relationship between law and society; and the primary subject areas of first-year legal study.

*Last Updated Spring 2019

Class Number: 4026; 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: 4101; Catalog Number- LAW 690A

Credit: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Mickevicius, Henrikas

Prerequisite: International Human Rights Law (concurrent ok)

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

Grading Criteria: Participation, Attendance, & Classwork. No Final Exam

Enrollment: Limited to 4-6 Students!

Description: The Practicum offers 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 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 2019

Class Number: 3950; Catalog Number- LAW 676C, 02A

Credit: 3 Hours (Experiential Learning Approved)

Instructor(s): Prof. Blank, Laurie

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

Grading Criteria: Based on individual student performance, please note that this class cannot be taken on a pass/fail basis!

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: 3917; Catalog Number- LAW 732, 04A

Credits: 3 hours

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

Prerequisite: None

Grading Criteria: Scheduled 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.

*Last updated Fall 2015 

International Legal Research

**Accelerated Class- Second-half of the semester 

Class Number: 4242; Catalog Number- LAW 761A

Credit: 1 hour (Experiential Learning Approved)

Instructor(s): Prof. Flick, Amy

Prerequisite: None

Grading Criteria: Participation; Attendance; Homework; Group Presentation; & Final Project.

Description: International Legal Research is a practical, skills-based course designed to introduce students to specialized techniques for research in international law. Students will become familiar with research in international law through lectures, in-class research exercises, research homework assignments, and a final research project on international law. Topics for class sessions will include treaties, U.S. foreign policy, the United Nations, the European Union, international courts, international human rights law, and private international law.

Attendance Policy: International Legal Research will be a one-credit, graded course meeting on an accelerated schedule for the first seven weeks of the semester. Because student participation and hands-on practice are essential for the learning experience in this course, attendance at each class session is mandatory.

Class Number: 4027; Catalog Number- LAW 608, 001

Credit: 3 Hours

Instructor(s): Prof. Morris, Nicole & Prof. Govens, Gordon

Prerequisite: None

Grading Criteria: Participation/Attendance & Scheduled Final Exam 

Description: This course will introduce students to the concept of intellectual property through the three most important forms of intellectual property regimes in the United States: trademarks, copyrights, and patents.

Attendance Policy: Students are allowed up to 3 absences; 4 or more absences may impact the student's grade for the course. 

*Last Updated Spring 2019

Introduction to Law & Economics

Class Number: 3987; 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).

Attendance Policy: Attendance is mandatory. I expect you to let me know in advance if you cannot be present in class. Five or more absences will result in a loss of class participation points.

*Last Updated Spring 2019

Introduction to Legal Advocacy (ILA) formerly LWRAP II

Catalog Number- LAW 535B

Credit: 2 hours

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

Prerequisite:  ILARC (or an equivalent course)

General Grading Criteria: Class assignments 

Cooper Grading Criteria: Participation, coursework, attendance, written product

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

General 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.

Cooper Description: This course introduces students to the foundational legal analytical, research, and writing skills necessary to generate effective and well-reasoned predictive legal analysis. Attendance is required at all class meetings and more than two unexcused absences may affect one's grade.

*Last Updated Spring 2019

Islamic Banking & Finance 

Class Number: 4096; 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.

Attendance Policy: Attendance and participation combined count for 15% of final grade

*Last Updated Spring 2019

Class Number: 4019; Catalog Number- LAW 627, 001

Credit: 3 Hours

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

Prerequisite: None

Grading Criteria: Attendance & Scheduled Final Exam

Description: Origins and development of Sharia (Islamic law), review of major fields of the subject (constitutional law - law and religion issues, contract and commercial law, criminal law and international law), the relationship between Sharia and modern legal systems, international law and human rights.

Attendance Policy:
Very strictly enforced attendance policy: a student who has an unexcused absence in 2 classes is penalized in the final grade, and absence in 3 classes or more will not be allowed to take the final examination, i.e. fail the course.

*Last Updated Spring 2019

Class Number: 3985; Catalog Number- LAW 664, CSRL

Credit: 3 Hours

Instructor(s): Prof. Pill, Shlomo 

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: 3918; Catalog Number- LAW 699C

Credit: 3 hours (Experiential Learning Approved)

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.

GradingCriteria: 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: 4078; 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.

Landlord-Tenant Mediation Practicum II

Class Number: 4089; Catalog Number- 870K, 002

Credit: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Powell, Bonnie

Prerequisite: None

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

Grading Criteria: Attendance & Participation

Description: Students will receive training in basic mediation skills in August prior to the start of the school year. This training is mandatory. Students will also submit a background check to the Georgia Office of Dispute Resolution after being selected for the practicum.

Mediation of landlord/tenant cases will be handled by students for two semesters on Tuesdays and/or Thursdays at Fulton Magistrate Court and Dekalb Magistrate Court.
Attendance is mandatory.

Students should submit their resumes in the spring for consideration for the following academic year through OPUS during the resume drop period for field placements/clinics/workshops. All applicants will be interviewed.

*Last Updated Spring 2019

Class Number: 3922; Catalog Number- LAW 736A, 04A

Credit: 2 hours

Instructor(s): Prof. Kocher, Paula; Prof. Ghosh, Sudevi, & Prof. Amanti, Lena

Prerequisite: None, but Constitutional Law will be helpful and is strongly encouraged!

Grading Criteria: Participation (in-class project); Attendance; & Final Paper/Exam (take home)

Description: Law and public health are tightly intertwined. Law school 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 specifically addresses foundational sources for public health law in the United States, including constitutional, statutory, regulatory, and case law. It provides an examination of controlling law and emerging legal issues associated with selected topics drawn from public health emergencies; public health surveillance and outbreak investigations; and key public health topical areas, such as environmental issues; vaccination; foodborne diseases; and tobacco use-related problems.

Attedance Policy: Class participation and attendance are mandatory. Excused absences will be considered on a case-by-case basis, with prior notification to the instructors. Only two unexcused absences will be permitted.

Note: Though there are three primary instructors, the course does utilize a selection of guest speakers (attorneys and public health practitioners) from the Centers for Disease Control and Prevention, the Department of Justice, and other public health institutions. The course also includes a tour of the David J. Sencer CDC Museum.

*Last Updated Spring 2019

Class Number: 4055; Catalog Number- LAW 613A

Credit: 2 hours

Instructor(s): Prof. Fraher, Richard

Prerequisite: None

Grading Criteria: 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. 

Attendance Policy: If a student misses more than two class sessions, that student's final grade in the class will be adjusted downward from the grade they receive on the final examination.

• Class Number: 4018; Catalog Number- LAW 747, 12B (Romig)
• Class Number: 3919; Catalog Number- LAW 747, 12A (Terrell)
• Class Number: 4200; Catalog Number- LAW 747, GRAD (Pinder) *LLMs Only

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. Romig, Jennifer; & Prof. Pinder, Kamina

Prerequisite: None

General Grading Criteria: Participation & Scheduled Final Exam

Romig Grading Criteria: Participation (individual and group), Written Contribution to Discussion Group on Canvas, Final Exam

General 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.

Romig Description: This class will help you:
• Generally prepare for the MPRE (please note, this is not a bar-prep course but aims to be helpful)
• Recognize the sources of law governing lawyers
• Gain a framework for the major topics and principles of the Model Rules of Professional Conduct
• Track the facts, procedure, and outcome in a sample malpractice case
• Recognize the influence of malpractice insurance in how lawyers and law firms structure their practices
• Recognize gaps between the rules governing lawyers and the realities of lawyers in practice, and evaluate the opportunities and risks in those gaps
• Compare and contrast the aspirational standards of professional responsibility with your own individual professional ideals
• Analyze the relationship of the rules governing lawyers with current access-to-justice issues
• Examine and reflect on the “two hemispheres” of law practice and the implications for professional responsibility and professionalism
• Discuss how to handle lapses in professional ethics on the part of others and on your own behalf
• Consider the role of contract in lawyers’ relationship with clients
• Consider advocating for changes in regulatory rules governing lawyers

Attendance Policy:
Attendance will be taken every class. A student's final grade can be lowered at the professor's discretion for more than two absences.

*Last Updated Spring 2018

Literature and Justice: Writers on Trial

Class Number: 4243; Catalog Number- LAW 621, CRSL

Credits: 3 hours (Cross-listed with Laney Graduate School)

Instructor(s): Prof. Felman, Soshana

Prerequisite: None

Grading Criteria: Attendance; Class participation; 2 Short papers; Reading responses; and Oral presentation.

Enrollment: Graduate Seminar, M 4pm-7pm, Callaway Center N 106. (Limited to 16; Law School up to 10)!

Description: History has put on trial a series of creative thinkers. At the dawn of philosophy, Socrates drinks the cup of poison to which he is condemned by the Athenians for his influential teaching, charged with atheism, and corruption of the youth. Centuries later, in modernity, similarly influential (similarly charismatic and ironically subversive) Oscar Wilde is condemned by the English for his homosexuality, as well as for his provocative artistic style. In France, the most outstanding writers--Flaubert and Baudelaire-- are both indicted as criminals for their first (shockingly innovative) literary works; Emile Zola is condemned for defending a Jew against the state which has convicted him, flees from France to England to escape imprisonment. 

However different, all these accused have come to stand for something greater than themselves: something that was symbolized -- and challenged – by their trials. Through the examination of a series of historical and literary legal dramas, this course will ask: Why are literary writers, artists, and philosophers, repetitively put on trial, and how in turn do they put on trial culture and society? What is the role of art and literature as political actors in the struggles over ethics, and the struggles over meaning? 

Texts selected among: Plato’s Dialogues; Molière’s plays; Shakespeare’s plays; Oscar Wilde (Plays, Autobiography, Critical writings); Gustave Flaubert (novels, letters); Charles Baudelaire (poems, criticism, theory of art); Emile Zola (political writings); Herman Melville (novellas); Bertolt Brecht (plays)); Hannah Arendt (Essays, Interviews); Spinoza (Ethics); Sigmund Freud (Psychoanalytic Writings); Jacques Lacan (psychoanalytic seminar); E. M. Forster (novel); Virginia Woolf (novel); Franz Kafka (short stories, parables).

Particulars: Two short papers distributed throughout the course of the semester; Brief oral presentations; Intensive weekly reading (weekly one-page reading reports) and active preparation of texts for class discussion.

*Last Updated Spring 2019

Media Law

Class Number: 4020; Catalog Number- LAW 722, 001

Credit: 3 hours

Instructor(s): Prof. Counts, Cynthia 

Prerequisite: None 

Grading Criteria: Attendance & Participation (10%); Take-home 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** 

Class Number: 4043; Catalog Number- LAW 606

Credit: 2 hours

Instructor(s): Prof. Gmurzyńska, Ewa

Prerequisite: None 

Grading Criteria: Participation; & Take-home Exam

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 mediation, especially to have a knowledge about effective representation in mediation. 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 disputes 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. 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 the perspectives of attorneys, but also the parties and mediators. During the course, students will learn about the role of lawyers in mediation including: choice of forum for dispute resolution, informing the client about mediation, preparing the case and the client for mediation and participation 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. During each class, students will take part in role play. 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. 

Attendance Policy: Because of the teaching methodology (role-playing, effective communication exercises, class discussion, etc.), attendance and active participation in the class are mandatory. 50% of the grade will be based on class participation and 50% on a take-home exam given at the end of the course. Unexcused absences will be taken into account in determining the grade for the course, as will class preparation. The materials will be provided by the instructor prior to the start of the course.

Short Course: Mediation Advocacy is accelerated - 2 credit hours course in Spring Semester 2018-2019. The class will meet 8 times total for four weeks. Classes will be scheduled twice a week. Each class will be 3 hours long. The course will be scheduled for February/March. It is possible, that the course will start in a week of February 11 and will end before spring break (March 8). If you have any question, please contact me at: gmurzynska@wpia.uw.edu.pl

*Last Updated Spring 2019

Mental Health Issues in the Criminal Justice System

Class Number: 4750; Catalog Number- LAW 622D

Credits: 2 hours (Experiential Learning Approved)

Instructor(s): Prof. Deets, Annie

Prerequisite: Criminal Law & Constitutional Law

Grading Criteria: Class 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

*Last Updated Fall 2017

Mergers & Acquisitions

Class Number: 4397; Catalog Number- LAW 636

Credit: 3 Hours

Instructor(s): Prof. Savage, Audra 

Prerequisite: Business Associations (may be taken concurrently w/DD: Mergers & Acquisitions)

Grading Criteria: Scheduled Final Exam

Description: This advanced course explores legal issues and regulations affecting the structure, timing, and price of corporate acquisitions, including mergers, stock purchases, and assets sales. 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. The course will emphasize the impact of state corporate law principles on the structure and implementation of an acquisition transaction.

Attendance Policy: Class attendance and preparation are both mandatory, and I reserve the right to take attendance, as well as the quality of classroom participation, into account in assigning final grades for the semester. Any student missing more than two (2) regularly scheduled class sessions, without a compelling justification for being absent (such as being sick or having an interview) is subject to being dropped from the course. Attendance records will be based on sign-in sheets that will be circulated during each class.

*Last Updated Spring 2019

Class Number: 4002; 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

• Class Number: 3920; Catalog Number- LAW 656, 06A (Athans/Rogers)  
• Class Number: 4023; Catalog Number- LAW 656, 06C (Lytle-Perry)
• Class Number: 4487; Catalog Number- LAW 656, 06D (Lytle-Perry)  

Credit: 2 Hours (Experiential Learning Approved)

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

Prerequisite: None

Grading Criteria:

• Class preparation/participation and written assignment – No Exam (Lytle-Perry)
• Attendance, Participation, Journals, & a Final Paper (Athans/Rogers)

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

General 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.

Athans/Rogers Description: This is a skills-training negotiations class involving some reading each week, an in-class negotiation simulation experience, weekly 2-page journals, and a final paper. There is no final exam. Attendance is mandatory, with only one excused absence permitted.

*Last Updated Spring 2019

Class Number: 5538; Catalog Number- Law 754A

Credit: 3 hours

Instructor: Prof. Livingstone, John

Prerequisite: Patent Law or IP

Grading Criteria: Participation & Take-home Final Exam

Description: This course explores the strategies and contours of patent litigation in federal district court chronologically, starting with jurisdiction, strategic decisions in where to file, and choice of law. The class will then proceed through the filing of the complaint, discovery, and motions practice.  The course then explores advanced issues in proving patent infringement, including divided infringement, ANDA litigation, and extraterritorial infringement. We will explore advanced issues of proving invalidity, along with other defenses, such as inequitable conduct and patent misuse.  There will also be an introduction to America Invents Act provisions and discussions of alternative venues, such as the International Trade Commission and the Patent Trial and Appeal Board. Students will work in groups of 3-4 students to prepare homework assignments.  Each group will also argue either a Markman hearing or a summary judgment hearing based on the problem in the book.  There will also be a final, written in-class exam.

*Last Updated Spring 2017

Practical Lawyering Skills: Pro Bono in Practice Practicum

Class Number: 4108; Catalog Number- LAW 630A

Credit: 2 hours (Experiential Learning Approved)

Instructor(s): Prof. Babcock, Sarah

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

Preselection Form: https://docs.google.com/forms/d/e/1FAIpQLScH4wQxxSSHJv66AKJZbCCYe1Y_Q_2CqSIxO3PJRuoyLj_Ygw/viewform?usp=sf_link

Enrollment: Limited to 12 Students!

Grading Criteria: Participation, Attendance, Supervised Representation  

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.

Attedance Policy:

Attendance is mandatory; more than 4 unexcused absences may result in a lack of credit for the course. 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.

Note: Students will need to plan to devote significant time to the actual client representation, including time for client interviews and potential home visits. Every effort will be made to accommodate student schedules when matching them with clients for representation, but trial dates may conflict with other classes.

*Last Updated Spring 2019

Privacy Law in a Digital Age

Class Number: 4244; Catalog Number- LAW 672

Credit: 3 hours

Instructor(s): Prof. Cloud, Morgan

Prerequisite: None

Grading Criteria: No Final Exam

Enrollment: Limited to 11 students!

Description: The course will examine U.S. law governing informational and spatial privacy rights, including any restrictions they impose upon actions by both government and private actors.  The course will focus on three general topics:  (1)  Constitutional and statutory rules defining the scope of the legal right to privacy in the United States, focusing upon the Fourth Amendment and the concept of the reasonable expectation of privacy, and upon federal laws regulating access to electronic created, stored, and transmitted data.  (2) How contemporary commercial activities affect individuals’ privacy rights and expectations. (3) The commercial impetus for the expansive use of emerging drone technologies, the impact of this development upon notions of spatial privacy, and constitutional and statutory that may serve to regulate the use of these new systems.

Three examples of the specific topics covered in the course are:  (1)  Government efforts to gather both the metadata and the contents of electronic messages, including phone calls, emails, and text messages.  The NSA programs revealed by Edward Snowden are will be included in these materials.  (2)  Corporate efforts to gather data about users, to mine that data for commercially useful information, and to sell it to other entities.  How companies like Facebook and Google gather and profit from the user data they gather will part of this discussion.  (3)  Private sector responses to government requests (or demands) for voluntary data sharing.  Apple’s refusal to provide the FBI with its encryption keys, and the major telecom companies’ active participation in NSA data gathering, exemplify this topic.

*Note Class meets on Tuesdays from 2:30 pm to 6:00 pm in the Goizueta School of Business, see OPUS for exact location.

*Last Updated Spring 2017

Real Estate Finance

Class Number: 4401; Catalog Number- LAW 616, 12A

Credits: 3 hours

Instructor(s): Prof. Willis, Michelle

Prerequisite: Successful completion of 1L Property course is a pre-requisite, and concurrent enrollment is not permissible to satisfy the pre-requisite. 

Grading Criteria: Scheduled 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.

Attendance Policy: Class attendance and participation are expected.

*Last Updated Spring 2019

Secured Transactions

Class Number: 4005; Catalog Number- LAW 713, 10A

Credit: 3 Hours 

Instructor: Prof. Pardo, Rafael

Prerequisite(s): Contracts & Property

Grading Criteria: Participation & Scheduled Final Exam

Description: This course will examine the law relating to the creation, perfection, and enforcement of interests in personal property that secure payment or performance of an obligation. Reading and class discussion will center on Article 9 of the Uniform Commercial Code (the “UCC”) and will also include an introduction to (1) the creation, status, and enforcement of non-UCC liens on personal property; and (2) the intersection of UCC Article 9 with federal bankruptcy law. Attention will also be paid to the business context within which UCC Article 9 operates.

Attendance Policy: I expect you to attend class regularly. If you miss more than twenty-five percent (25%) of the regularly scheduled class sessions, you will be withdrawn from the course. Please note that a canceled class session will not constitute an absence for purposes of the attendance policy.

In furtherance of my expectations and requirements regarding class attendance, an attendance sheet will be made available at the podium before the start of each class session. Should you arrive late, please sign the attendance sheet at the end of class. It is your responsibility to sign the attendance sheet (i.e., someone else may not sign on your behalf). Failure to do so will constitute an absence.
Should you forget to sign the attendance sheet, I will consider updating my records to reflect your attendance in class only if you send me an e-mail on the same day as the class session for which you forgot to sign the attendance sheet. The e-mail must (1) state that you forgot to sign the attendance sheet that day and (2) request that I update my attendance records.

It is incumbent upon you to keep track of your absences throughout the semester. I will not tally them until the semester has ended. Unless you expressly request to know whether you are in jeopardy of violating the attendance policy, no warning will be forthcoming.

(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 2019

Class Number: 4003; Catalog Number- LAW 673, 06A

Credit: 3 Hours

Instructor(s): Prof. Terry, Bob

Prerequisite: None

Grading Criteria: In-class test (30%) and Scheduled Final Exam (70%). Participation and attendance may also affect the final grade.

Description: This course approaches securities regulation from the standpoint of the intermediaries between issuers and investors - broker-dealers and investment advisers. It is intended to provide an academic foundation of relevant law, as well as practical information relating to issues frequently arising in practice.

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

In addition, the course will examine the regulation of investment advisers, a rapidly growing piece of the securities industry. Investment advisers are regulated either by the SEC or by state regulators, depending upon their size.

The course will also provide insights into the practical considerations of interaction between counsel, clients, and regulators, in both routine settings as well as enforcement matters. Finally, the course will consider recent regulatory changes in the rapidly evolving area of capital formation.

In addition to private practice, graduating students with an interest in securities might find opportunities with brokerage firms, regulators, and public corporations. The goal of this course is to provide graduating students with an overview of many of the issues they might encounter if they enter into a securities-related practice. 

Attendance Policy: Attendance and participation are important. A student may miss up to 20% of scheduled classes without the imposition of a grade penalty, but each additional class missed will result in a deduction of 3 points from the combined test and exam score (of 100). An attendance sheet will be provided. Students are expected to be prepared and participate, and meaningful participation may affect final grade determination. Ask questions! Make comments! If you do, I promise you will get more from the class.

*Last Updated Spring 2018

Securities Regulation

Class Number: 4245; Catalog Number- LAW 667

Credit: 3 Hours

Instructor(s): Prof. Rosario, Sean

Prerequisite: Business Associations 

Grading Criteria: Participation & Scheduled Final Exam

Description: This course provides an overview of the regulation of securities offerings and trading under the Securities Act of 1933 and the Securities Exchange Act of 1934. The course explores the elaborate disclosure obligations that the United States imposes on the distribution and trading of investment securities as well as the role of the Securities Exchange Commission and private plaintiffs in shaping and enforcing these disclosure obligations. Topics to be covered include public offerings of securities and the registration process under the Securities Act of 1933, exemptions from these registration requirements and the role of exemptions in the financing of private and public firms, and the disclosure obligations of publicly-traded issuers. The course will also examine the role of anti-fraud rules in the issuance and trading of securities as well as liability for insider trading.

Attendance Policy: Although your performance on the scheduled exam will constitute the basis for your final grade for this course, your grade will be further adjusted by up to a one-third letter based on the quality of your class participation. Much of our class discussion will be driven by various hypothetical scenarios in the Casebook, and I will generally call on students to work through these hypotheticals in class, and oftentimes, in writing, via your laptops. Being unable to work through these hypotheticals when called upon (or being absent when called upon) may result in a downward adjustment of your grade. To the extent that you anticipate being absent, late, or are already late, then texting or emailing me will be considered a mitigating factor, and alternative assignments might be offered.

Note: Laptops are required for this course!

*Last Updated Spring 2019

Class Number: 3947; Catalog Number- LAW 892, 04A

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

Credit: 3 Hours (Experiential Learning Approved)

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

Class Number: 3986; Catalog Number- LAW 641, 04A

Credit: 2 Hours

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

Prerequisite: Fundamentals of Income Tax

Grading: Writing Assignment & 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.

Attendance Policy: Attendance is required. If possible, please notify me in advance if you will miss class. Class participation will be factored into final grades.

*Last Updated Spring 2019

The First Amendment

Class Number: 4443; Catalog Number- LAW 601

Credit: 3 hours

Instructor(s): Prof. Perry, Michael

Prerequisite: None 

Grading Criteria: Take-home Final Exam

Description: No right entrenched in the constitutional law of the United States is more important than the right to freedom of speech. In this course, we will discuss the principal freedom of speech issues addressed by the Supreme Court of the United States. The Court’s freedom of speech decisions have rarely been unanimous and have often been quite controversial. The final exam will be of the “take home” variety.

Attendance Policy: Class attendance is required; more than one *unexcused* absence will lead to dismissal from the course.

*Last Updated Spring 2019

The Professional Narrative

Class Number: 4033; Catalog Number- LAW 574, SP19

Credit: 1 hour

Instructor(s): TBA

Prerequisite: None 

Enrollment: Limited to 50 Students! Department Consent Needed!

Grading Criteria: Participation; Assignments; & Final Assignment 

Description: Professional 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

Trial Techniques

Class Number: 3952; Catalog Number- LAW 671

Credit: 2 Hours (Experiential Learning Approved)

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 1, February 22, March 1, and March 22 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

*Last Updated Spring 2018

Trial Techniques Advanced

Class Number: XXXX; Catalog Number- LAW 671B

Credit: 1 Hour (Accelerated & Experiential Learning Approved)

Instructor(s): Prof. Ginsberg, Mike et al.

Note: This course is available for 3L students who have completed Trial Techniques during their 2L year.  In order to qualify for the 1 credit, 3Ls must attend the first basic Trial Techniques session, attend the four Advanced Section sessions, and observe one day of a trial in state or federal court and submit the brief report on their observations.  The 1 credit option for 3Ls is pass/fail and subject to pre-approval from the Registrar's Office.

Description: This is a one-credit add on to Trial Techniques to provide interested students additional trial skills instruction and practice.  The course will consist of three parts:  (1) four three-hour sessions during the Spring Term (in addition to the four Spring Term sessions for Trial Techniques); (2) observation and brief report on a trial in state or federal court; and (3) participation in an advanced section of the May Session of Trial Techniques where the preparation and performance expectations will be more extensive than in the basic Trial Techniques program.  Trial Techniques is a co-requisite.  The four Advanced Section Spring Term sessions will focus on the development and use of demonstrative exhibits, examination and cross-examination of expert witnesses, opening statements and closing arguments, and jury selection.  Parts of each session will be devoted to trial drills, with particular emphasis on utilizing cross-examination and impeachment in connection with closing argument.  Upon successful completion of the course (eight Friday afternoon sessions during the Spring Term and the May intensive program), students will receive 1 Experiential Learning credit in addition to the 2 credits they will earn for Trial Techniques for a total of 3 Experiential Learning credits.

 Attendance Policy: Attendance is required. A missed class may result in your inability to complete the course.

The course schedule is as follows:

Trial Techniques Spring Sessions:

February 1, Basic and Advanced (at the Law School for all participants (3L students who register for 1 credit of Experiential Learning must attend)

February 15, Basic and Advanced (placements and Law School Sections)(3L attendance is optional)

February 22, Basic and Advanced (placements and Law School Sections)(3L attendance is optional)

March 1, Advanced (at the Law School)(3L attendance is mandatory)

March 29, Advanced (at the Law School)(3L attendance is mandatory)

April 5, Advanced (at the Law School)(3L attendance is mandatory)

April 12, Advanced (at the Law School)(3L attendance is mandatory)

April 19, Basic and Advanced (at the Law School)(3L attendance is optional)

*Last Updated Spring 2019

Turner Environmental Law Clinic 

Class Number: 3949; Catalog Number- LAW 697C

Credit: 3 hours (Experiential Learning Approved)

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

SEMINAR: Advanced International Negotiations

Class Number: 4246; Catalog Number- Law 842

Credit: 3 hours

Instructor(s): Prof. Liwanga, Roger

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

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

Enrollment: Limited to 16 Students!

Preselection Form: https://emorylaw.wufoo.com/forms/lsr-spring-2019-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.

The student’s grade will be based on both a research paper and class participation. 

*Last Updated Spring 2019

Class Number: 4247; Catalog Number- LAW 809

Credit: 3 Hours

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

Prerequisite: None

Grading Criteria: Participation, Class Presentation, & 2-Papers (Satisfies Upper-Level Writing Requirement)

Enrollment: Limited to 16 Students!

Preselection Form: https://emorylaw.wufoo.com/forms/lsr-spring-2019-seminar-preselection/ 

Description: This seminar examines the relationship between constitutionalism, legal systems, and religion in a range of Western and post-colonial African and Asian countries. Emphasis will be on the evolving nature of these institutions and possibilities of transformation.

Final grade will be based on:

10% for class participation

30% for one paper on a topic to be specified in the Seminar Outline,

60% for a final paper on a topic agreed with the instructor

Students who wish to use this Seminar for satisfying their writing requirement will submit a single final paper on a topic agreed with the instructor.

Students taking this option must submit:

-Substantial (app. 20 page) draft  

-Final version 

The final papers must satisfy the length and format specifications of writing requirement papers, as set by the Registrar of Emory Law School.

Consultation with the class about the following format for evaluation of this 3 CREDIT seminar:
Each student will 
1. write an initial short paper on the nature and scope of the subject of this seminar, 
2. select a project in consultation with Instructor, 
3. make a class presentation on her/his project, coupled with a short paper, and 
4. write a final paper on the same project.

*Last Updated Spring 2019

SEMINAR: Family Law: From Partners to Parents

Class Number: 4082; Catalog Number- LAW 823, 02A

Credit: 3 Hours

Instructor(s): Prof. Fineman, Martha

Prerequisite: None

Grading Criteria: Paper

Enrollment: Limited to 16 Students!

Preselection Form: https://emorylaw.wufoo.com/forms/lsr-spring-2019-seminar-preselection/ 

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

Seminar: Federalism

Class Number: 4723; Catalog Number- LAW 829R, 001

Credit: 3 hours 

Instructor(s): Prof. Schapiro, Robert

Prerequisite: Constitutional Law

Grading Criteria: Participation & Paper (Satisfies UpperLevel Writing Requirement)

Enrollment: Limited to 16 Students!

Preselection Form: https://emorylaw.wufoo.com/forms/lsr-spring-2019-seminar-preselection/ 

Description: This seminar will explore the allocation of authority in the United States between the national government and the states. We will consider the constitutional, statutory, and policy dimensions of the federal system. Topics will include the historical evolution of federal-state relations, the values associated with federalism, and the recent revival of interest in federalism. We also will focus on the fiscal aspects of federalism, including the relative responsibility of the states and the national government in funding vital functions, such as education, health care, and income support. All students will write a research paper.

*Last Updated Spring 2019

Class Number: 4049; Catalog Number- LAW 806A

Credit: 3 Hours

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

Prerequisite: None

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

Enrollment: Limited to 16 Students! 

Preselection Form: https://emorylaw.wufoo.com/forms/lsr-spring-2019-seminar-preselection/ 

Description: For many years now, the international community of states have 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 of 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

LAW 847, 06A. Advanced Civil Trial Practice

Class Number: 4898

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.

*Last Updated Fall 2015

LAW 617A. Advanced Commercial Real Estate

Class Number: 4954

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Minkin, David

Prerequisite: Real Estate Finance (recommended)

Grading Criteria: Participation & 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.

Attendance Policy: Attendance is expected at every class unless the student has talked with professor beforehand. 

*Last Updated Fall 2018

LAW 657, 02A. Advanced Legal Research

ACCELERATED CLASS (Check OPUS for Dates)

2 Sections: 

Class Number: 4940 (Secondary Sources-1st 7 weeks)

Class Number: 5135 (Statutory Rsch.-2nd 7 weeks)

Credits: 1 hour (Experiential Learning Approved)

Instructor(s): Prof. Reid, Richelle & Prof. Flick, Amy

Prerequisite: None

Grading Criteria: Participation, Attendance, Research Homework Exercises, & Final Research Project

Mastery of Secondary Sources Description: Mastery of Secondary Sources in Legal Research is a practical, skills-based course designed to improve information literacy and prepare students for practice or future study. Through practical applications, including in-class exercises, homework exercises, and a final research project, students will become familiar with critical principles, strategies, and best practices for identifying and using secondary sources for effective and efficient legal research. Topics for class sessions will include research strategy and documentation, advanced search techniques, legal periodicals, interdisciplinary databases, legal encyclopedia, treatises, legal news and current awareness, transactional law and litigation sources, formbooks, and select state materials. 

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

Mastery of Statutory Research Description: Mastery of Statutory Legal Research is a practical, skills-based course designed to improve information literacy and prepare students for practice or future study. Through practical applications, including in-class exercises, homework exercises, and a final research project, students will become familiar with the principles, strategies, and best practices for doing statutory research. Topics for class sessions will include research strategy and documentation, advanced search techniques, codes, session laws, and legislative history. The course will focus primarily on federal statutory research but will include one class session devoted to state statutory research.

Attendance Policy: This will be a one-credit, graded course meeting on an accelerated schedule for the second seven weeks of the semester. Because student participation and hands-on practice 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 Fall 2018

LAW 648, 04A. Advanced Legal Writing & Editing

Class Number: 4910 (Main Class Only; Lab times/dates will be scheduled at a later date, for now, enroll in the lab placeholder- LB1-5088)

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. 

*Last Updated Fall 2017

LAW 605 Alternative Dispute Resolution

3 Sections:

Law 605, 04A; Class Number: 4886 (Armstrong Section)

Law 605, 05A; Class Number: 4887 (Experiential Learning Approved)

Law 605, GRD. JM/LLM only; Class Number: 5005  (Experiential Learning Approved)

Credits: 3 hours

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

Prerequisite: None

Grading Criteria: Team Projects; Attendance; & Take-home Final Exam (Armstrong & Allgood)

Enrollment: LLM and JM students are better placed in the JM class rather than the JD class.

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.

An overview of negotiation, mediation and arbitration as applicable in U.S. (not international) forums under Uniform Mediation Act, GODR, Federal Arbitration Act, GAC and related state and federal statutes, rules and regs. Discussion of techniques and applicable requirements for court-annexed and private ADR under applicable statutes, provider rules, court rules and related regulations. Class meet two times a week and include team projects and role plays applying techniques in each process discussed.

*Last Updated Fall 2018

Class Number: 5113

Credit: 3 Hours

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

Prerequisite: ILARC & ILA; 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

LAW 560 American Legal Writing, Analysis, & Research I

2 Sections:

Law 560, GRD1. American Legal Writing, Analysis & Research I; Class Number: 4947

Law 560, GRD2. American Legal Writing, Analysis & Research I; Class Number: 4978

Credits: 2 hours

Instructor(s): Prof. Daspit, Nancy

Prerequisite: None

Grading Criteria: Coursework & Final Memo

Enrollment: Enrollment is restricted to LLM students who received their first law degree from a law school/faculty in a country other than the United States; must contact the professor for approval to enroll.

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. 

Attendance Policy: Two or more unexcused absences can result in your grade being lowered.

*Last Updated Fall 2018

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

Class Number: 4984

Credits: 1 hour

Instructor(s): Prof. Daspit, Nancy

Prerequisite: ALWAR I

Grading Criteria: Coursework & Final Brief

Enrollment: This class requires permission from Dean Jessica Dworkin.

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. 

Attendance Policy: Two or more unexcused absences can lead to your grade being lowered.

*Last Updated Fall 2018

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

Class Number: 4982 (Experiential Learning Approved)

Class Number: XXXX (Online Only Section)

Credits: 3 hours

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

Prerequisite: None

Grading Criteria: Coursework, Participation, Final Paper (Writing Part), & Take-home Final (Research Part).

Enrollment: This course is for in-residence JM students, and the JM director/administrator usually registers them.

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. 

Attendance Policy: Two or more unexcused absences could result in your grade being lowered.

*Last Updated Fall 2018

LAW 716, 10A. Bankruptcy

Class Number: 4885

Credits: 3 hours

Instructor(s): Pardo, Rafael

Prerequisite: Contracts & Property (concurrent enrollment NOT allowed)

Grading Criteria: Scheduled Final Exam

Description: An introduction to the law of bankruptcy. Covers issues relating to eligibility for bankruptcy relief; commencement of a bankruptcy case; property of the bankruptcy estate; the automatic stay and relief therefrom; use, sale, and lease of property of the estate; property that an individual may exempt from the bankruptcy estate; creditor claims against the bankruptcy estate; plan confirmation; and the discharge of debts. This course is a general survey course reviewing the basics of Chapter 7 cases (liquidations), Chapter 13 cases (adjustment of debts of an individual with regular income), and Chapter 11 cases (reorganization).

Attendance Policy: I expect you to attend class regularly. If you miss more than twenty-five percent (25%) of the regularly scheduled class sessions, you will be withdrawn from the course. Please note that a canceled class session will not constitute an absence for purposes of the attendance policy.

In furtherance of my expectations and requirements regarding class attendance, an attendance sheet will be made available at the podium before the start of each class session. Should you arrive late, please sign the attendance sheet at the end of class. It is your responsibility to sign the attendance sheet (i.e., someone else may not sign on your behalf). Failure to do so will constitute an absence.

Should you forget to sign the attendance sheet, I will consider updating my records to reflect your attendance in class only if you send me an e-mail on the same day as the class session for which you forgot to sign the attendance sheet. The e-mail must (1) state that you forgot to sign the attendance sheet that day and (2) request that I update my attendance records.

It is incumbent upon you to keep track of your absences throughout the semester. I will not tally them until the semester has ended. Unless you expressly request to know whether you are in jeopardy of violating the attendance policy, no warning will be forthcoming.

*Last Updated Fall 2018

LAW 635D, 000. Barton Appeal for Youth Clinic

Class Number: 4937

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Reba, Stephen

Prerequisite: None

Grading Criteria: Group work (based on individual student)

Enrollment: Must obtain professor's permission

Description: In the Barton Appeal for Youth Clinic, students engage in post-conviction representation of Georgia inmates who are incarcerated for crimes they allegedly committed as children. Focusing on direct appeals and habeas corpus litigation, students spend their time researching, writing, and preparing for hearings. Grading is based on the student's individual performance and attendance is required at weekly meetings, which are set according to the students’ class schedules court litigation attacking inmates' convictions and sentences. Students should have an interest in criminal procedure, juvenile law, and/or social justice. 

*Last Updated Fall 2018

Class Number: 4880

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Carter, Melissa

Prerequisite: Preferred, but not required course work- "Child Welfare Law and Policy, Kids in Conflict, and Family Law II or similar."

Grading Criteria: Assessment of individual student performance and overall contribution to the clinic based on a set of established criteria that include demonstrated competencies in the areas of judgment, thoroughness of research and analysis, written and oral communication, project management, and professional responsibility.

Enrollment: Interested students must apply directly with the professor

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 perspectives, 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.

Attendance Policy: Students selected for enrollment in the policy clinic receive 3 hours of graded credit for the fulfillment of 150 hours of work. Accordingly, students commit to 11-12 clinic hours per week, which are established at the outset of the semester. Adjustments to the weekly routine are to be requested in advance whenever possible, and hours missed must be made up. Students submit weekly time sheets accounting for their activities and hours, and students must complete the full 14-week semester.

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

*Last Updated Fall 2018

LAW 500X. Business Associations

Credits: 3 hours

Instructor(s): Profs. Shepherd, George & Prof. Georgiev, George

Prerequisite: None

Grading Criteria: Homework Exercises & Scheduled Final Exam

Description: A study of foundational concepts in agency, partnership, and corporation law. Topics include choice of business form, entity formation, organization, financing, and dissolution, as well as the rights and responsibilities of, and the allocation of power among, the business entity's owners/shareholders, management, and other stakeholders. The course also covers closely held enterprises, as well as basic issues in corporate finance and federal securities law. Students will be required to complete weekly homework exercises.

Attendance policy: Per ABA Rules, "regular and punctual attendance" is required.

*Last Updated Fall 2018

LAW 762-12A. Business and Tax Law Research

Credits: 1 hour (Experiential Learning Approved) Accelerated Class- 2nd Half of Sem- 7 wks.

Instructor(s): Prof. Deese, Abigail

Prerequisite: None

Grading Criteria: Participation, Attendance, & Final Project

Enrollment: Limited to 14 students!

Description: Business and Tax Law Research is a practical, skills-based course designed to provide students with a firm understanding of the relevant legal materials for corporate/business and tax practice and to develop skills for finding and using those sources.  Attention will also be paid to key practice materials and on developing research strategies for new attorneys.

Attendance Policy: This will be a one-credit, graded course meeting on an accelerated schedule for the second seven weeks of the semester.  Because student participation and hands-on practice are 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 Fall 2018

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

Class Number: 5140

Credits: 3 hours (Experiential Learning Approved)

Instructor(s): Prof. Moore, Josh

Prerequisite: None

Grading Criteria: Participation

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

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.

*Last Updated Fall 2017

Class Number: 5032

Credits: 3 hours

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

Prerequisite: None

Grading Criteria: Attendance, participation, written and oral assignments; & 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 disaster 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. Two unexcused absences per semester are permitted; additional absences may affect the absentee’s grade. Class participation counts for 15% of the final grade. One written assignment (approximately 2000 words in length plus footnotes in 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 correct citation form) counting for 40% of the course grade, which will be in lieu of an exam.

*Last Updated Fall 2018

LAW 635, 02A. Child Welfare Law and Policy

Class Number: 4919

Credits: 2 hours

Instructor(s): Prof. Carter, Melissa

Prerequisite: None

Grading Criteria: Attendance, Participation, & Written assignments (see below).

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.

Course Objectives:
• Develop an understanding of the legal principles and policy considerations underlying federal and state responses to child abuse and neglect
• Cultivate an appreciation for the impact of policy on legal practice
• Apply core advocacy skills to address social problems through public policy reform

Course Materials:
• Weekly readings on Canvas course page

Format:
• Weekly lectures and class discussions, guest lecturers, direct engagement with community partners and issue-affected constituencies

Attendance Policy:
As a collective undertaking to learn and teach together, your attendance, advance preparation and active participation in every class is essential and expected. Attendance will be taken at every class meeting. Unexcused absences, repeated tardiness, or coming to class unprepared will negatively impact your grade. 

Accommodations and Excused Absences:
Students requesting classroom accommodations relating to special needs or seeking excused absences for religious holidays or illnesses should notify me by email in a timely manner before the expected absence or need arises. If illness or accident prevents advance notice, students should notify me as soon as possible after the absence.

Course Requirements and Grading: 
There is no final exam for this class. Instead, grading is based on participation in weekly classroom discussions and a combination of assignments intended to encourage critical thinking about child welfare policy issues and to develop and demonstrate specific advocacy skills. As an extension of the Barton Center’s clinical offerings, the work in this class incorporates a focus on experiential learning; i.e., “learning through doing.” Grades are based on mastery and thoughtful integration of class concepts, careful preparation, and engaged effort. Specifically, your grade will be based on:

• Participation (10% of grade): Every student is expected to come prepared for each class and engage in class discussions and related activities.
• Briefing Book (60% of grade, broken down as indicated next to each component)
• Storybook (15%): Each student team will develop a briefing document of no more than 5 pages recounting the stories of people affected by the issues represented in their assigned bill.
• White Paper (20%): Each student team will jointly prepare a research and policy brief of no more than 10 pages providing an in-depth analysis of the assigned bill, reasoned on the basis of law, social science research, policy arguments, and relevant data, and asserting an advocacy position in support of or opposition to passage.
• Congressional Testimony (15%): Each student individually will prepare formal written remarks of no more than 3 pages that represents your record of testimony to Congress in support or opposition of your assigned bill.
• Op-Ed (10%): Each student individually will write an op-ed piece of publishable quality, sharing information about and opinions on his or her assigned advocacy issue in 750 words or less.
  
  *Your complete submission is due on the final day of classes. 
  
  *Each student must submit an entire portfolio containing all components (team- and individually-prepared on the Formatting requirements: 
  
  * All written work should be in Calibri 12pt font with 1.15 spacing and normal margins.
  
  • Final Presentation: “Present and Defend” (30% of grade): Each student team will deliver a 20-minute oral presentation on their advocacy projects over the course of the final two classes of the semester. The allotted time includes 5 minutes dedicated for responding to class questions.
  
  Unexcused late submissions will be panelized at the rate of one-half letter grade deduction per half-day. After 5 days, the assignment will no longer be accepted. If you are unable to complete an assignment on time due to an extenuating circumstance, please speak to me as soon as possible.

Guest lecturers are invited to present on specific topics. Regular presenters include current and former juvenile court judges, children's lawyers, state agency administrators, and current and former youth in foster care advocating for system change.

*Last Updated Fall 2018

LAW 610. Complex Litigation

Class Number: 5114 

Credit: 3 Hours

Instructor(s): Prof. Freer, Richard 

Prerequisite: None

Grading Criteria: Scheduled Final Exam

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

*Last Updated Spring 2016

Class Number: 5034

Credits: 3 hours

Instructor(s): Prof. Cloud, Morgan

Prerequisite: None

Grading Criteria: Attendance, 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.

Attendance and preparation are required. Each student is permitted three absences and two unprepared classes.

*Last Updated Fall 2018

LAW 675, 04A. Constitutional Litigation

Class Number: 4896

Credits: 3 hours

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

Prerequisite: Constitutional Law (recommended) 

Grading Criteria: Coursework, Attendance/Participation, & Paper