Course Descriptions
Course content is subject to change.
Seminars
All seminar offerings are located at the end of the alphabetized course descriptions for each semester.
Juris Master Students
Review course requirements for your specific tracks. Consult with your advisor regarding course sequencing and refer to the JM concentrations requirements and guidelines for your specific track »
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.
The following courses are being offered in Spring 2019, please note this list is subject to change.
(AC)= Accelerated Course
(CL)= Cross-listed
(EL)= Experiential Learning/Practical Experience Approved
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 3rd NITA
(2) Additional internet-based reading material will be provided in due course.
(3) Simulation Materials: Problems and Materials in Evidence and Trial Advocacy 6th 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
*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
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.
*Last Updated Spring 2019Advanced 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 (Zwier)
Class Number: 3909; Catalog Number- LAW 605, 04A (Allgood)
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)
(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 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
*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.
*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 (
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 (
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
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
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
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
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
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
*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:
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
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
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
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
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
*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
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
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
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
*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.
*Last Updated Spring 2019Class Number: 4027; Catalog Number- LAW 608, 001
Credit: 3 Hours
Instructor(s): Prof. Morris, Nicole & Prof.
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
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
• 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,
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
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
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
*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
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
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
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
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
Three examples of the specific topics covered in the course
*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
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
In addition to private 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
*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
*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
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
- Integrate case analysis and relevance to provide an improved understanding of each and their critical relationship to one another.
- Teach hearsay and character evidence concepts in the context of direct and cross-examination.
- 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.
- Develop a greater sensitivity for the understanding of audience and the relationship to the development of theories and themes through jury voir dire exercises.
- Strengthen the art of persuasiveness in the presentation of evidence through exercises that familiarize and build confidence in the use of technology to display exhibits.
Absences
Attendance throughout the program is MANDATORY and program sessions cannot be missed without an excused absence. Excused absences will not be granted for the hearing or trial day during the May session, May 8 and 11, as you must serve on those days either as trialAny unexcused absence or more than one excused absence may result in students receiving a grade of incomplete in the program and repetition of all or a portion of the program may be required the following year.
*Last Updated Spring 2018
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 (Experiential Learning Approved)
Instructor(s): Prof. Zwier, Paul & Tom Crick w/The Carter Center
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.
Our text will be “Talking With Evil: Principled Pragmatism on an International Stage”, by Paul J. Zwier: which deals with research on the wide array of potential approaches to international conflict resolution. The focus in the fall will be TCCs work in Syria, as well as Palestine/Israel, and also the conflict in South Sudan. Reading material is also selected from institutions involved in conflict resolution negotiations, including The Carter Center, the Geneva-based Center for Humanitarian Dialogue and the Stockholm-based International IDEA. These materials, along with simulations that we will be using will be provided electronically.
The student’s grade will be based on both a research paper and class participation. Students will also engage in "learning-by-doing" simulations designed to raise advanced negotiation topics and skills.
Assigned Reading Materials:
(1) Zwier, Talking With Evil: Principled Pragmatism on an International Stage.
(2)
(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: 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
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
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
SEMINAR: Vulnerability and Social Justice
Class Number: 4084; Catalog Number- LAW 833
Credit: 3 Hours
Instructor(s): Prof. Fineman, Martha & Prof. Samandari, Atieno
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: This seminar explores the relationship between law and vulnerability from both a theoretical and a practical perspective. The course is anchored in the understanding that fundamental to our shared humanity is our shared vulnerability, which is universal and constant and inherent in the human condition. It will offer students an opportunity to engage with multiple perspectives on vulnerability, with an emphasis on law, justice, state policy, and legislative ethics. While vulnerability can never be eliminated, society through its institutions confers certain "assets" or resources, such as wealth, health, education, family relationships, and marketable skills on individuals and groups. These assets give individuals "resilience" in the face of their vulnerability. This seminar will explore how a society now is structured, however, certain individuals and groups operate from positions of entrenched advantage or privilege, while others are disadvantaged in ways that seem to be invisible as we engage in law and policy discussions.
*Last Updated Spring 2016
*Course availability is subject to change.
3/21/2018
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
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
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
*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
*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
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: Students must have taken or been 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 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
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
Class Numbers: (001) 4939; (002) 5015Credits: 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
Attendance policy: Per ABA Rules, "regular and punctual attendance" is required.
*Last Updated Fall 2018
LAW 762-12A. Business and Tax Law Research
Class Numbers: 6130Credits: 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
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
*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 thatrepresents 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 dedicatedfor 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
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/defenses and apply their knowledge of torts, constitutional law and civil procedure in a litigation setting.
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 which will involve filing and
No independent research will be required for projects, and students will utilize cases cited in the readings along with a list of supplementary cases.
(1) 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. Ten pages double-spaced maximum for Complaint and eight pages double spaced for an explanation of decisions.
(2) Students will draft a short brief supporting or opposing summary judgment or a preliminary injunction. This project will account for 40% of the student's grade. Ten pages double-spaced maximum.
The remaining 10% of the student's grade will be tied to participation in class discussions. Class attendance is expected, and one unexcused class absence is permitted before a class participation reduction in score may occur.
*Last Updated Fall 2018
LAW 959. Courtroom Persuasion & Drama I
2 Sections:
Law 959, 02A; Class Number: 4882
Law 959, 02B; Class Number: 4881
Credits: 1 hour (Experiential Learning Approved)
Instructor(s): Prof. Metzger, Janet
Prerequisite: Evidence & Trial Techniques
Grading Criteria: Participation, Coursework, Attendance, & Final Exam (during the regularly scheduled class time)
Enrollment: Strictly limited to 12 students; Only 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 as applied to elements of a trial.
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
Attendance: Only two absences are permitted. For each absence, a student must submit a written summary of what was learned in class.
Accelerated schedule. Class meets for 75 minutes once a week for 10 weeks followed by an in-class final on the 11th class.
*Last Updated Fall 2018
LAW 622B. Criminal Procedure: Adjudication
Class Number: 5115
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, the student will be dropped from the rolls. Excused and unexcused absences are treated the same.
*Last Updated Fall 2018
LAW 767, 09A. Cross-Examination Techniques
Class Number: 5116
Credits: 3 hours
Instructor(s): Prof. Costa, Jason
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 Students-Only web page »
LAW 659M, 04A. Doing Deals: Commercial Lending Transactions
Class Number: 4935
Credits: 3 hours (Experiential Learning Approved)
Instructor(s): Prof. Gooch, Kevin
Prerequisite: Business Associations, Contract Drafting (concurrently NOT okay), and Deal Skills (concurrent okay)
Grading Criteria: Coursework
Selection: Transactional Certificate Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the
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
LAW 659P, 05A. Doing Deals: Complex Restructuring and Distressed Acquisitions in Chapter 11
Class Number: 4905
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.
Grading Criteria: Coursework
Enrollment: Transactional Certificate Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the
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
*Last Updated Fall 2018
LAW 659A. Doing Deals: Contract Drafting
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 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
LAW 659B. Doing Deals: Deal Skills
Class Numbers: 04A- 4888; 04B- 4934; 04C- 4944; 04D- 5016
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: 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
LAW 659F, 06A. Doing Deals: General Counsel
Class Number: 4941
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).
Grading Criteria: Coursework
Selection: Transactional Certificate Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the
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
LAW 659I, 001. Doing Deals: International Capital Transactions
Class Number: 5062
Credits: 3 hours (Experiential Learning Approved)
Instructor(s): Prof. Smith, Nate
Prerequisite: Business Associations (concurrent NOT okay); Contract Drafting (concurrent NOT okay); Deal Skills (concurrent ok). Recommended Prerequisites/Co-requisites: Securities Regulation & Corporate Finance.
Enrollment: Limited to 12 Students
Grading Criteria: Coursework
Selection: Transactional Certificate Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the
Description: This course simulates the work that would be done by a law firm associate raising capital in a large international transaction. Topics will include associate etiquette and success skills; deal structuring; U.S. federal securities law registration requirements and exemptions (with a focus on Rule 144A and Regulation S); due diligence; the purpose and content of various sections of an Offering Memorandum; provisions of the securities purchase agreement; addressing aspects of local law in foreign jurisdictions; comfort letters; opinion practice; the closing process; and ethics and professionalism issues relating to international deals. Student performance will be assessed based on class participation, in-class exercises, written homework assignments and a final project.
*Last Updated Fall 2018
LAW 659N, 04A. Doing Deals: Intellectual Property Transactions
Class Number: 4920
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)
Grading Criteria: Exercises, Class Participation, & Final Paper/Presentation
Selection: Transactional Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the
Description: This course is designed to offer students with an interest in intellectual property the opportunity to explore a limited number of current and cutting-edge intellectual property topics in depth and to experience first-hand how these legal concepts would manifest in a transactional practice setting. Students will complete a variety of in-class and homework assignments typical of those encountered in a transactional IP practice, from contract negotiation and drafting to strategic analysis and client interaction. - The course is intended for students with an interest in this subject area; no specific prior IP courses are required, but if a student has not taken any other IP offerings, please contact the instructor for suggestions of materials to review over the summer. Grading is a combination of small projects, class participation, and a final paper/presentation. There is no exam. Students taking this course as a Capstone Course will complete some additional requirements over the course of the semester. Due to the nature of this course, regular attendance is mandatory!
*Last Updated Fall 2018
LAW 659D, 04A. Doing Deals: Private Equity
Class Number: 4897
Credits: 3 hours (Experiential Learning Approved)
Instructor(s): Profs. Crowley, Kevin & Furman, Kathryn
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.
Grading Criteria: Several group and individual assignments; Mid-term; & Scheduled Final Exam
Selection: Transactional Certificate Students will receive an email informing them how/when to enroll. Non-transactional certificate students who meet the
Description: The course is designed as a workshop in which law students and business students will work together to structure and negotiate varying aspects of a private equity deal, from the initial term sheet stages, through execution of the purchase agreement, to completion of the financing and closing. Private equity deals that are economically justified, sometimes fail in the transaction negotiation and documentation phase. This course will seek to provide students with the tools necessary to tackle and resolve difficult deal issues and complete successful deals. Students will be divided into teams of lawyers and business people to review, consider and negotiate actual transaction documents. The issues presented will include often-contested key economic and legal deal terms, as well as common ethical dilemmas.
*Last Updated Fall 2018
LAW 808. The U.S. Legal System's Response to Domestic Violence
Class Number: 5126
Credits: 2 hours
Instructor(s): Prof. Stolarski, Jennifer
Prerequisite: Evidence (concurrently ok)
Grading Criteria: Attendance, Meritorious Class Participation, 3 Reflection Essays; Modified Open-book Take-Home Final Exam
Description: This course will examine the evolution of laws and policies addressing domestic violence and how the justice system in the U.S. responds to this complex legal and social problem. While the course will lean more heavily towards criminal law, it will also explore some key areas of civil law that impact a survivor's ability to safely end an abusive relationship. Topics may include but are not limited to: the dynamics of abuse; how the experience of abuse and the legal system's response to it are shaped by cross-cultural factors; the impact of domestic violence on children and the use of children as witnesses; civil protective orders, divorce and child custody; housing, employment and immigration issues; criminal charging decisions and evidence-based prosecution techniques; the use of expert witnesses; and victims who are charged as criminal defendants. This will be an interactive course with classroom discussions, guest speakers and opportunities for skill-based exercises to reinforce keys points of learning. Materials and discussions will draw from legal, sociological, and public policy lenses. Though students with an interest in criminal and family law will be particularly interested in these topics, the course is designed to equip students with a broad base of knowledge needed to identify, evaluate and responsibly respond to the issues of domestic violence that they are likely to encounter as practicing lawyers, regardless of the area of specialty they may choose to enter.
Attendance Policy and Class Participation: Consistent attendance and meritorious class participation are required and count towards the final grade. Students are allowed to miss two classes over the course of the semester (whether excused or unexcused) without penalty. Additional absences will lead to a grade reduction of one-third step. If a student misses more than seven classes during the semester, the student will be dropped from the class.
To provide some real-life perspective on matters discussed in class, students will, based on their own selections, observe a session of DV Court or go on a police ride-a-long.
*Last Updated Fall 2018
LAW 745. DUI Trials
Class Number: 4952
Credits: 3 hours
Instructor(s): Prof. Tatum, Melissa
Prerequisite: Evidence & Trial Techniques
Enrollment: Limited to 12 Students!
Grading Criteria: Participation and Final Trial Simulation
Description: One of the most complicated and technical cases to try in criminal law is a DUI charge. Learning how to present or defend a DUI can equip a new litigator with techniques that will benefit students seeking practice in all areas of criminal litigation. Students will review DUI statutes and case law and prepare case files for motions and trial. Opening statements, direct and cross -examinations, and closing argument will be discussed and practiced. The introduction of scientific evidence, expert testimony, and preparing your witness for trial will be explored. Motions will be prepared and decided. Students will prepare and present their final case in a trial setting at the end of the semester.
*Last Updated Fall 2017
LAW 879L. E-Discovery & Litigation Technology
Accelerated Course (Check OPUS for dates)
Class Number: 5035
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
LAW 662, 04A. Education Law & Policy
Class Number: 5037
Credits: 2 Hours
Instructor(s): Prof. Waldman, Randee
Prerequisite: None
Grading Criteria: Participation, Presentations, & Papers
Description: This course will survey constitutional, statutory and policy issues affecting children in our public elementary and secondary schools. An emphasis will be placed on issues that impact the children most at risk for educational failure and that contribute to the school-to-prison pipeline. Topics will include the right to an education, school discipline, special education, alternative educational programs, No Child Left Behind and high-stakes testing, the Every Student Succeeds Act, the rights of homeless youth and youth in foster care, and laws designed to address bullying in our schools.
Attendance and class participation count for 15% of the final grade.
*Last Updated Fall 2018
LAW 669X, 06A. Employment Discrimination Lab
Class Number: 4904
Credit: 1 Hour
Instructor(s): Prof. Shultz, Chad
Prerequisite: Employment Discrimination
Grading Criteria: Participation, Attendance, & Written work.
Enrollment: Limited to 8 students! JD Students Preferred.
Description: Employment Discrimination Lab consists of participation in class and 3 written assignments. The class walks a student through the handling of a discrimination case from meeting the mock client(s), writing a demand letter orWe have a small class so each student can fully participate in all activities, e.g. taking a deposition, arguing a motion, and participating in a jury trial.
We meet every other week from 6:15 to 8:15 PM. We meet 7 times, 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 2018
COURSE REQUIRED FOR ALL STUDENTS ENROLLED IN THE TURNER ENVIRONMENTAL LAW CLINIC. THIS COURSE DOES NOT MEET THE WRITING REQUIREMENT.
Class Number: 4884
Credits: 2 hours
Instructor(s): Prof. Goldstein, Mindy & Prof. Horder, Rick
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 the context of client interviews, administrative proceedings, negotiations, and litigation. Other issues covered include advocating environmental protection.
Attendance: 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 2018
LAW 620. European Union Law I: Constitutional and Institutional Issues
Class Number: 4980
Credits: 3 Hours
Instructor(s): Prof. Mickevicius, Henrikas & 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
LAW 632X. Evidence
2 Sections:
Law 632X, 12A; Class Number: 4921
Law 632X, 13A; Class Number: 4953
Credits: 3 hours
Instructor(s): Prof. Seaman, Julie & Prof. Zwier, Paul
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: A general consideration of the law of evidence with a focus on the Federal Rules of Evidence. Coverage includes relevance, hearsay, witnesses, presumptions, burdens of proof, writings, scientific and demonstrative evidence, and privilege. Must be taken in the second year.
*Last Updated Fall 2017
LAW 632C. Expert Witness Examination
Class Number: 5118
Credits: 2 hours
Instructor(s): Prof. Sheffield, Jason
Prerequisite: Evidence
Grading Criteria: Participation, Written Brief, & Improvement of Witness Examinations.
Description: This course is designed to teach the preparation, research, ethical considerations, and trial techniques necessary in order to effectively present expert witnesses in a criminal case. Although the focus will be on criminal cases, the skills taught in this class will also apply to civil cases. Most of the classes will involve the students conducting direct and cross-examinations of expert witnesses. Designed in a case-simulation format, the course will enable the students to develop substantive knowledge of criminal law and procedures, develop case theory and expert witness testimony, write and present a Daubert motion, and finally, conduct full direct and cross-examinations of experts. The course will also develop students’ aptitude with the advocacy techniques necessary to prosecute or defend criminal cases. Students will have multiple opportunities to perform in class and will receive extensive individual feedback from experienced lawyers.
*Last Updated Fall 2015
LAW 870. Externship Program
Class Number: Multiple- See OPUS
Credits: Varies (Experiential Learning Approved)
Instructor(s): Multiple
Selection: Application process submitted to Prof. Shalf, Sarah
Grading Criteria: Class Participation & Fieldwork
Description: Step outside the classroom and learn to practice law from experienced attorneys. Take the skills and principles you learn in the classroom and learn how they apply in practice. Emory Law's General Externship Program provides work experience in different types of practice (all sectors except law firms) so you can determine which suits you best and develop relationships that will continue as you begin your legal career. Students are supported in their placements by a weekly class meeting with other students in similar placements, taught by faculty with practice experience in that area, in which students have the opportunity to learn legal and professional skills they need to succeed in the externship, receive mentoring independent of their on-site supervisors, and to step back and reflect on their experience and what they are learning from it.
Our Small Firm Externship Program provides students especially interested in the small law firm practice setting with experience in specially-selected small law firms. The firms' attorneys participate with the students in our weekly class meeting, which focuses on the skills and attributes necessary to succeed in a small firm practice setting.
Students apply for externships via Symplicity in the semester prior to the externship and all placements must be preapproved. Available placements for the General program are listed on the Emory Law website, law.emory.edu/externships, and the currently participating Small Firms are listed here: https://emorylaw.wufoo.com/forms/small-firm-externship-applicant-law-firm-ranking/
Warning: No student is allowed to be enrolled in more than one clinic, practicum, or externship in a single semester without the prior approval of the directors of both programs.
*Last Updated Fall 2017
LAW 643, 12A. Family Law II
Class Number: 4942
Credits: 3 hours
Instructor(s): Prof. Carter, Melissa
Prerequisite: None
Grading Criteria: Participation, Attendance, & Scheduled Final Exam
Description: Family Law II examines the legal constructs and social contexts that have informed the contemporary understanding of who can be a family and on what terms. Students will engage with the policies and laws that influence the modern definition of families, including the role of the state, parentage realities post-marriage equality, family creation through adoption and assisted reproductive technologies, and children’s rights in a variety of circumstances.
*Last Updated Fall 2018
LAW 626. Federal Indian Law
Class Number: 5004
Credits: 3 hours
Instructor(s): Prof. Saunooke, Robert
Prerequisite: None
Grading Criteria: Participation, Attendance, & Paper
Description: This course offers an overview of 1. Federal Indian Law and Policy; 2. Examination of the history, interaction, and development of federal and state law as applied to Native Americans, including policy and cases as well as personal experiences of the course instructor.; 3. The Course is graded primarily on the paper presented at the end of the semester but participation and attendance, including a trip to Cherokee, NC to visit the Cherokee Tribal Court also impacts the grade.; and 4. Attendance may impact the grade if a student attends less than 80% of the lectures.
With over 30 years of experience representing Tribal members and Tribal governments, the class offers more than simply read and review of the course material. Examination of complex legal issues impacting jurisdiction, criminal law, family law, environmental law and other areas from the perspective of the Native American. The opportunity to visit a Tribal court and examine how it operates including interviews with attorneys and judges within the reservation. Issues from racial considerations to the impact of Indian gaming are explored through a variety of media. A unique opportunity to learn and understand first nations and their impact on our current judicial system.
*Last Updated Fall 2018
LAW 680, 04A. Food & Drug Law
Class Number: 4943
Credits: 3 hours
Instructor(s): Prof. Kitchens, Bill
Prerequisite: None
Grading Criteria: Participation, Attendance, & Scheduled Final Exam
Description: Food and drug law involves the statutory and regulatory framework governing the development and marketing of food, drugs, medical devices, biologics, tobacco products, and cosmetics. This introductory course serves as a starting point for understanding how the U.S. Food and Drug Administration attempts both to protect the public health and foster our national desire and need for innovation in science, the safety and effectiveness of drugs, biologics, and medical devices, and the safety of our food supply. In particular, the course will study how FDA and the courts have enforced and interpreted the Federal Food, Drug and Cosmetic Act to implement a regulatory system for a wide range of products that affect our daily lives. Dialogue and questions on how food and drug law has confronted and adapted to scientific and technological progress, public health challenges, constitutional controversies, and policy-based perspectives will be encouraged. Additionally, the course covers such contemporary issues as food safety; balancing the benefits and risks of certain drugs, devices and biological products and how best to communicate that information to healthcare professionals and consumers; expediting approval of drugs designed for life-threatening diseases; clinical trials for experimental products; and regulation of biotechnology, such as tissue engineering and gene therapy. Other specific topics
Participation Policy: I expect students to attend class regularly and to be prepared for each class. Preparation involves reading the assigned material, thinking about it, relating it to what you already know, and anticipating issues that will arise in class discussions. My expectation for your being "present and prepared" does not imply that I expect you to be "present and brilliant" on all occasions. If you stumble over the answer to a question, I will NOT deem you unprepared unless your response demonstrates that you simply have not done the assigned reading. Although your final exam is graded anonymously, class participation may be a factor in the determination of your final grade. Intelligent and valuable class participation may result in a higher grade (e.g. B to B+). Examples of poor class participation are limited engagement in class discussions or absence from more than 25% of the course classes without a reasonable justification. Poor class participation may result in a one increment decrease in your grade if your grade on the final examination is on the borderline.
A detailed course syllabus and class schedule, including the assigned reading for each class, will be provided at the beginning of the semester. At times we may depart from this schedule to consider relevant topical issues (e.g., new ways FDA can strengthen its oversight of opioids) or realignment of our priorities.
*Last Updated Fall 2018
Class Number: 4893
Credits: 2 hours
Instructor(s): Prof. Aronson, Mort
Prerequisite: None
Grading Criteria: Attendance, Team Presentations, & Scheduled Final Exam
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 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, you will fail or be withdrawn from the course.
*Last Updated Fall 2018.
Class Number: 4961
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 2018
LAW 890, 04A. Fundamentals of Innovation I
OPEN TO TI
ClassNumber: 4891
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
*Last Updated Fall 2018
LAW 736B. Global Public Health Law
Class Number: 4987
Credits: 2 Hours
Instructor(s): Prof. Brady, Rita-Marie JD, MPH
Prerequisite: None, but International Law & Public Health Law are encouraged.
Grading Criteria: Participation & Final 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 that require multi-disciplinary classroom interaction, skill sets, source materials, and perspectives. Specific topics of focus may
Attendance Policy: Note: 20% of the student’s grade will be based on class participation which includes: regular attendance (missing three or more classes would constitute irregular attendance); in-class case studies/simulations (students are expected to notify the instructor if they will be absent on the case study days identified in the syllabus).
*Last Updated Fall 2018
LAW 657D. Health Law Research
Class Number: 5119
Credits: 1 hour (Experiential Learning Approved) Accelerated Class- 1st 7 weeks
Instructor(s): Prof. Glon, Christina
Prerequisite: None
Grading Criteria: Participation, Attendance, & Final Project
Description: Health Law Research is a practical, skills-based course designed to provide students with a firm understanding of the fundamental structure of the legislation and regulations that govern health law and to develop skills for finding and using those sources. Attention will also be paid to secondary sources, understanding the structure of medical literature, and practical tips for new health law attorneys.
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
*Last Updated Fall 2018
LAW 690B. Human Rights Advocacy
Class Number: 5013
Credits: 3 hours (Experiential Learning Approved)
Instructor(s): Prof. Ludsin, Hallie
Prerequisite: Int'l Human Rights or International Law Course (Courses
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
*Last Updated Fall 2018
LAW 731. Immigration Law
Class Number: 4996
Credits: 2 hours
Instructor(s): Prof. Kuck, Charles
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: This course will explore the legal, historical, and policy perspectives that shape U.S. law governing immigration and citizenship. We will examine the constitutional and international law foundations underlying immigration regulation, the history of immigration law in the U.S., the source and scope of congressional and executive branch power in the realm of immigration, and the role of the judiciary in making and interpreting immigration law. In the course of that exploration, we will address citizenship and naturalization, the admission and removal of immigrants and nonimmigrants, and the issues of undocumented immigration and national security. We will also analyze the impact of immigration in other areas, including employment, criminal law, family unification, international human rights law, and discrimination.
*Last Updated Fall 2017
LAW 609L. International Commercial Arbitration
Class Number: 4956
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 an arbitration from drafting the arbitration agreement (start) to enforcement of the award (finish). We will use a hypothetical case to explore the issues and other challenges that arbitrators and counsel must confront throughout the life of the process. This class will be very hands-on and practical. Participation is important and there will be role-playing. As international commercial arbitration cannot exist in a legal vacuum, we will also consider the legal framework that governs it in various civil law and common law countries.
Attendance policy: No separate policy in addition to the ABA standard requiring regular class attendance for course credit.
*Last Updated Fall 2018
LAW 690A. International Human Rights Law Practicum
Class Number: 5060
Credit: 3 Hours (Experiential Learning Approved)
Instructor(s): Prof. Mickevicius, Henrikas
Prerequisites/Co-requisites: International Human Rights Law (concurrent ok)
Grading Criteria: Substantive Projects & Short-term tasks via Assignments (70%) & Attendance/Participation (30%). No Final Exam
Enrollment: Enrollment is limited to 6 students and subject to instructor’s approval, please email the professor at henrikas.mickevicius@emory.edu. Candidates will need to demonstrate a serious commitment to human rights work and an ability to take initiative, work independently, and use discretion. Work on reports alleging Enforced Disappearances "EDs" is subject to a confidentiality agreement. Knowledge of an official U.N. language, other than English, is preferred.
Description: The International Human Rights Law 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 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 is support for the mandate of the WGEID.
Students will work on substantive projects and short-term tasks. 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 practical assignments. Students will present and reflect on their findings and receive specific feedback from their instructor and classmates, to progress in their work. The instructional part of the seminar will be coordinated with professors teaching doctrinal human rights courses.
The Practicum accounts for a minimum of 150 work hours per semester, including mandatory weekly 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.
Resources permitting, students may be invited to attend and present their work at the official WGEID sessions and occasionally to accompany the instructor to other events, such as presentations of WGEID work and thematic reports in international fora.
*Updated as of Fall 2018
LAW 676C, 02A. International Humanitarian Law Clinic
Class Number: 4879
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
LAW 732, 10A. International Law
Class Number: 4900
Credit: 3 Hours
Instructor(s): Prof. Blank, Laurie
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 the principles and sources of international law, adjudication and enforcement of international law, peaceful settlement of disputes, the law of statehood, 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, humanitarian law, and the law of the sea.
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 further reduction of the final grade.
*Last Updated Fall 2018
Law 639. Introduction to International Tax
Class Number: 5121
Credits: 3 hours
Instructor(s): Prof. Harvel, Brian & Prof. Kaywood, Sam
Prerequisite: Federal Income Tax: Corporations highly recommended
Grading Criteria: Scheduled Final Exam
Description: Students will gain an introductory understanding of International Tax, which will include how and when a foreign person is subject to tax in the US, how and when a US person is subject to tax in the US on foreign income, and the impact of tax treaties and tax reform.
Attendance is not required but is encouraged.
*Last Updated Fall 2018
LAW 631A, 06A. Internet Law
Class Number: 4906
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
2 Sections:
Class Number: 4963
Class Number: 4948 (Online Section- OJM Only)
Credits: 2 hours
Instructor(s): Prof. Mathews, Jennifer (Online Section) & Prof. Koster, Paul
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
LAW 670, 10A. Jurisprudence
Class Number: 5009
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
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
*Last Updated Fall 2018
LAW 783. The Jurisprudence of Human Rights: Law, Morality, & Religion
Class Number: 5162
Credits: 3 hours
Instructor(s): Prof. Perry, Michael
Prerequisite: None
Grading Criteria: Participation & Take-home Final Exam
Description: The course will begin with a brief overview of the international human rights system. Then the course will proceed to address two sets of fundamental questions:
1. What exactly are "human rights"? What human rights are "moral" rights--and what human rights are "legal" rights?
2. What reason (or reasons) does one have--if indeed one has any reason--to take human rights seriously? A religious reason? But many are not religious believers. A nonreligious reason? What nonreligious reason?
*Last Updated Fall 2018
LAW 699C. Juvenile Defender Clinic
Class Number: 4892
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: Skills-based client representation
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, 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.
Attendance Policy: Students must be present for all office hours and the weekly clinic meetings.
*Last Updated Fall 2018
LAW 651. Labor Law
Class Number: 4957
Credits: 2 hours
Instructor(s): Prof. Wilson, Brent
Prerequisite: None
Grading Criteria: Attendance; Class Participation; & Scheduled Final Exam
Description: Focuses primarily on Representation Case and Unfair Labor Practice Case Rules, Procedures and Cases of the National Labor Relations Board and Federal Courts. Discussion of developments under the Obama NLRB and recent reversals and expected developments from the Trump NLRB. Historical matters regarding the Labor Movement in the U.S. Coverage also will include other matters such as union campaigns, collective bargaining negotiations and arbitration, and a brief comparison of the National Labor Relations Act and the NLRB to the Railway Labor Act and the National Mediation Board.
*Last Updated Fall 2018
LAW 870K. Landlord-Tenant Mediation Practicum I
Class Number: 5141
Credits: 3 hours (Experiential Learning Approved)
Instructor(s): Prof. Powell, Bonnie
Prerequisite: None
Grading Criteria: Attendance, Participation, & Journals
Enrollment: Application process submitted thru Symplicity
Description: See Below, and note that this a year-long course, you will need to re-enroll in the Spring.
Landlord-Tenant Mediation Practicum students will mediate landlord/tenant disputes, including cases handled in the Magistrate and State courts; particularly small claim civil issues such as disputes between landlords and tenants. Assuming an agreement is reached during mediation, students will be responsible for drafting a detailed settlement agreement.
Students work under the supervision of an attorney mediating cases that deal with numerous issues of law within the court system. Prior to mediating, students will receive 28 hours of civil mediation training and will be registered as neutrals with the Georgia Office of Dispute Resolution.
Class and
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. Exact dates will be confirmed by the end of April.
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.
*Last Updated Fall 2018
Class Number: 5163
Credit: 3 Hours
Instructor: Prof. Volokh, Sasha
Prerequisite: None (Although a comfort level w/high school level Algebra is a big plus).
Grading Criteria: Several problem sets (quantitative problems and short essays) over the course of the semester; no final exam; nothing due after the last day of classes
Description: This course surveys the law and economics of antitrust, with a brief foray into regulated industries. We will cover competition, monopoly, oligopoly, public enterprises, penalties, market structure, empirical methods, vertical
If you have some background in economics, so much the better. If you don’t, don’t worry: It’s not required for this class. We’ll learn all the economics we need to know on the fly. There will be plenty of math, but the math we’ll be doing in class won’t be highly technical. The most important thing will be to understand the intuition, understand some simple graphs, and do some basic algebra and numerical problems.
No attendance policy
*Last Updated Fall 2018
LAW 708. Law and Religion: Theories, Methods, and Approaches
Class Number: 4991
Credits: 3 hours *Course is cross-listed with Candler School of Theology as ES 680.
Instructor(s): Prof. Allard, Silas
Prerequisite: None
Grading Criteria: Participation, Papers, & Final Project
Enrollment: 12 slots are reserved for Journal of Law and Religion students, and 5 slots 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 of law and religion in this example of scholarship? What does the scholar draw on as evidence for her argument? How does the scholar construct his argument? How does the scholar think about law? How does the scholar think about religion? These and other questions will help students understand how different approaches function; what they can achieve; what they cannot achieve; and why a scholar would choose a certain approach. By the conclusion of the course, students will (1) understand the scope and subjects covered by the field of law and religion, (2) develop an understanding of different methodological approaches to the study of law and religion, and (3) be prepared to use different methodological approaches in their own writing. This course is recommended for students in advance of a significant writing project in law and religion, including a journal comment, major seminar paper, or thesis.
Class Attendance:
Regular class attendance is expected. A student may be absent from one class period without penalty. Further absences will reduce the student’s class participation grade by a full letter grade per absence. Class participation is 5% of the final grade. Excused absences are generally not given, so students should plan their absence accordingly. Chronic tardiness will also impact the student’s class participation grade.
*Last Updated Fall 2018
LAW 715. Law & The Unconscious Mind
Class Number: 5127
Credits: 3 hours
Instructor(s): Prof. Duncan
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: How can prison be irresistibly alluring, and what does this allure imply for the purposes of punishment? How does the character of the one-time criminal differ from that of the career offender? How does stealing gratify both the wish to be dependent and the wish to be “macho” and aggressive? Why are metaphors of soft, wet dirt (such as slime and scum) commonly used for criminals, and why is this usage not really as negative as it seems? Why might the world be a poorer place without criminals? These are some of the intriguing questions that will be explored in this class. In addition, the course provides a basic understanding of psychoanalysis, including infantile sexuality, the unconscious, and the defense mechanisms, such as denial, repression, undoing, and splitting. The class format will consist of lecture, discussion, movies, and (a few) games.
*Last Updated Fall 2014
LAW 628B. Law,Sustainability, and Development
Class Number: 5019
Credit: 3 Hours
Instructor: Prof. Samandari, Atieno
Prerequisite: None
Grading Criteria: Participation, Attendance, Reflections, & 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 is mandatory for all classes. Students are permitted two excused absences. Additional absences will negatively impact the student's final grade
*Last Updated Fall 2018
LAW 747, 02A/02B. Legal Profession
2 Sections:
Class Number: 4949 (Elliott) *Only JD students may take this section
Class Number: 5111 (Koster) *Only JM/LLM students may take this section
Credits: 3 hours
Instructor(s): Prof. Elliott, James & Prof. Koster, Paul
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
LAW 661. Natural Resources Law
Class Number: 5122
Credits: 2 hours
Instructor(s): Prof. Robert, Gilbert
Prerequisite: None
Grading Criteria: Written Assignments & Participation
Description: Natural resource management presents extremely difficult and contentious issues of law and public policy. This courses will encourage discussion on these issues while providing an overview of relevant programs and laws that govern the use and protection of natural resource systems. Special attention will be given to wetlands and coastal regulation, transportation and water resource development, energy, and pollution control.
Attendance Policy: While there is no formal attendance policy, participation is part of the final grade. Students will find it difficult to participate if they are not in attendance.
*Last Updated Fall 2018
LAW 656. Negotiations
3 Sections:
Law 656, 06A; Class Number: 4894 (Athans- Experiential Learning Approved)
Law 656, 06B; Class Number: 4895 (Eldridge- Experiential Learning Approved)
Law 656, 06C; Class Number: 5014 (Perry)
Credits: 2 hours
Instructor(s): Profs. Athans, Michael; (Lytle) Perry, Courtney; & Eldridge, David/Eileen Rumfelt
Prerequisite: None
Note: THIS COURSE IS NOT OPEN TO STUDENTS WHO HAVE TAKEN ALTERNATIVE DISPUTE RESOLUTION OR BUSINESS SCHOOL NEGOTIATIONS!
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.
Eldridge GradingCriteria: Participation, attendance, and performance in negotiation simulations. In-Class Exam, during regularly scheduled class.
EldridgeDescription: The name of the course is "Negotiations". This course covers negotiation theory and strategy and provides weekly opportunities for participation in negotiation simulation exercises. The grading criteria for this course includes participation, attendance, and quality of performance in negotiation simulations. Due to the hands-on nature of this course, class attendance is mandatory: however, one absence is allowed (with prior notice to Professors if at all possible); any additional absences will result in a zero for that day’s class participation grade.
The course is fun and informative, and
Perry GradingCriteria: Ask Professor
Perry Description: Ask Professor
*Last Updated Fall 2018
LAW 754, 001. Patent Law
Class Number: 4994
Credits: 3 Hours
Instructor(s): Prof. Holbrook, Tim
Prerequisite: None
Grading Criteria: Participation, Quizzes, & Scheduled Final Exam
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 will explore the core patentability requirements of patentable subject matter, utility, novelty, non-obviousness, and adequate disclosure. Included in this coverage are the new provisions
Attendance Policy: Class attendance and participation
*Last Updated Fall 2018
LAW 755, 06A. Pretrial Litigation
Class Number: 4890
Credits: 4 hours (Experiential Learning Approved)
Instructor(s): Profs. Geary, Don; Bessen, Diane; Hydrick, Stacey; & Lott, Rhani
Prerequisite: None
Grading Criteria: Attendance, and Oral & Written Assignments.
Enrollment: Third Years Students Only
Description: This is a civil case litigation skills/simulation course. Students will work as two-person teams forming a law firm. Students will draft pleadings, draft written discovery, and conduct evidentiary and motions hearings.
Course Outcomes:
• Students will integrate doctrine, theory, and skills by preparing for and conducting evidentiary and pretrial hearings. Students will have multiple opportunities for performance.
• Students will integrate doctrine, theory, and skills by preparing and conducting legal research and drafting pretrial motions.
• Students will formulate discovery requests in different ways in order to achieve specific results.
• Students will participate in self and peer evaluation of pretrial litigation methods and skills.
• Students will discuss the effects of legal ethics and standards of professionalism on pretrial practice.
Attendance is mandatory other than excused absences.
Course faculty members provide guidance and instruction in their roles as teachers, judges and senior partners, with students taking primary responsibility for client representation and strategic decisions with regard to case direction. Actors who are very familiar with their parts and who remain "in character" appear in some roles as parties and witnesses while students in the course serve alternately as counsel and witness in others. The cases culminate in major motion hearings. The faculty members present regular lectures and demonstrations about various aspects of pretrial practice which are presented hand-in-hand with the developing procedures and technology affecting the practice of law. Attendance is required for the lectures, but primarily the student teams work independently. Every student performance, written and oral, is observed, critiqued and graded by the faculty. There are no written examinations. There are submissions of written materials and use of technology through audio-visual presentations at motions hearings, etc. Students are graded on their class performances, written work product, and development as "practicing attorneys." Former students have described this course as a great source for practical experience with regard to client relations, litigation strategy, and discovery tactics -- all guided by esteemed faculty from the bench and practicing bar. Many students use their course case materials, experiences, and notes as a practice resource after they enter the practice of law. The course provides students an interesting and exciting window on the actual practice of law.
*Last Updated Fall 2018
Law 739. Roman Law
Class Number: 5123
Credits: 2 hours
Instructor(s): Prof. Domingo, Rafael
Prerequisite: None
Grading Criteria: Participation & Paper
Description: In the thousand years between the Law of the Twelve Tables (451 BC) and Justinian's massive Corpus Iuris Civilis (530 AD), the Romans developed the most sophisticated and comprehensive secular legal system of antiquity. Roman law is still at the heart of the civil law tradition of the European Continent and some of its former colonies in the Americas, Asia, and Africa, and it was instrumental in the development of international law, the church’s canon law, and the common law tradition. The Roman lawyers created new legal concepts, ideas, rules and mechanisms that are still applied in the most Western legal systems.
Specifically designed for American law students without a civil law or canon law background, this course introduces the Roman legal system in its social, political, and economic context. The course will cover the fundamental topics of private law (persons, property and inheritance, and obligations); the revival of Roman law in the Middle Ages; and the current impact of Roman law in the era of globalization. No knowledge of Roman history or of Latin is required, and all materials will be in English translation.
Attendance Policy: Regular and punctual class attendance is required. The 80% rule is applied. Attendance records will be based on sign-in sheets that will be circulated during each class.
Learning Outcomes: On successful completion of the course on Roman law students will be able to: (i) demonstrate basic understanding of the foundations of Roman law from a comparative perspective; (ii) analyze and critically evaluate Roman legal concepts and rules covered in the course; (iii) present arguments based on Roman law sources in a well-structured manner (iv) exhibit a working knowledge of Property law, the law of succession, and the law of obligations (contracts and delicts); and (v) analyze the techniques of the Roman law of litigation.
Final Examination:
- The final examination for the course on
Roman law will consist of an original research paper (i.e. expanded essay) or a written answer to any of the hypos we will discuss during the course. The title of the paper or the selection of the hypo must be approved by the instructor in advance. - The paper requires the writer to analyze a perspective or to argue a point. The paper should be about 4,000 words long. It should
contain: an abstract,a main text, and some concluding reflections. The style should be similar to that of an op-ed for the New York Times. The answer to one of the hypos should be about 2,000 words long and should contain quotations related to the Corpusiuris or Roman legal sources. - The deadline for submission of the research paper or the answer to the selected hypo is 5:00 p.m.,November 28, 2018.
*Last Updated Fall 2018
Law 667A. Securities: Enforcement Procedures & Issues
Class Number: 5043
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: Participation & Take-home Final Exam
Enrollment: Limited to 12 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 described below with additional materials. We also will invite guest instructors with relevant government and private practice experience to address specific topics. Additionally, at points throughout the semester, we will have “practical” classes that will involve workshops in which students will be expected to demonstrate their understanding of the course material in simulated real-world settings.
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 2018
LAW 667: Securities Regulation
Class Number: 6211
Credit: 3 Hours
Instructor: Prof. Rosario, Sean
Prerequisite: Business Associations
Grading Criteria: Ask Prof.
Description: A study of federal and state regulation of the issue, distribution, and transfer of securities. Explores the availability of exemptions from registration and the duties of participants in these securities transactions to comply with anti-fraud regulations. Some time is spent on the growing literature appraising securities regulation.
*Last Updated Spring 2017
LAW 752-CRSL. Special Topics: African Feminism(s), Gender, and Health Development
Class Number: 5461 *Cross-listed with Laney Graduate School WGS 385
Credits: 3 hours
Instructor(s): Prof. Fasanmi, Abidemi
Prerequisite: None
Grading Criteria: Participation, Presentation, Critical Reflection Paper, Weekly Response Essay Posts, and a Final Paper
Enrollment: Limited to 8 Students!
Description: This course examines women’s health in Africa through an interdisciplinary perspective. We will explore African feminism(s), using the concept of socialization as it pertains to gender and sexuality, culture, human rights & gender-based violence, health, empowerment, social justice and development in Africa. We will also examine the complexity of transnational women’s health programs with the aim of analyzing the gaps, the successes, and the pitfalls. We will examine women’s bodies as objects of bio-political resistance especially with regard to sexual and reproductive health. Throughout the course, we will employ a comparative approach in bringing into
*Last Updated Fall 2018
Note: OPEN TO TI:GER STUDENTS ONLY. PROFESSOR PERMISSION REQUIRED.
Class Number: 4899
Credits: 3 Hours (Experiential Learning Approved)
Instructor(s): Prof. Morris, Nicole
Prerequisite: None
Grading Criteria: Participation, Attendance, & Papers
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 will follow a traditional case law format with occasional guest speakers for content related to new ventures. Students will learn current case law that highlights the legal principles involving parties and situations facing startups. These include a 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 - Attendance sheet in Fall 2018
This is course is open to Georgia Tech students so I need it to start at either or
*Last Updated Fall 2018
LAW 719, 001. Trademark Law
Class Number: 4997
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
*Last Updated Fall 2018
LAW 724. Transitional Justice
Class Number: 5001
Credits: 3 hours
Instructor(s): Prof. Ludsin, Hallie
Prerequisite: None
Grading Criteria: 2 Short Paper (20% each of final grade) & Take-home Final exam (60% of final grade)
Description: This course explores the legal issues and real-life challenges in countries emerging from dictatorship, repression and armed conflict. Students will examine key transitional justice principles and debates, the workings of multiple transitional justice mechanisms, and the dilemmas arising in societies transitioning from conflict and repression.
*Last Updated Fall 2018
LAW 671A. Trial Practice Workshop
2 Sections:
Class Number: 5112
Class Number: 5113 (Mock Trial Section)
Credits: 2 hours (Experiential Learning Approved)
Instructor(s): Prof. Norman, Justin; Prof. Lott, Rhani; ADA Gardner, Lindsay; ADA Hylton, Simone
Prerequisite: None, but Evidence recommended (concurrently ok).
Enrollment: Two Sections, the second section is reserved for Mock Trial Members and has a cap of 12-16 students, and the first section is open to everyone else but limited to 24 students.
Grading Criteria: Attendance/Participation, 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 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.
There will be a final trial but your grade will also be dependent on your performance and participation throughout the semester, and students will be expected to perform/act out a scenario when called upon.
Please note that for the final 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 2018
LAW 674, 08A. Trusts and Estates
Class Number: 4878
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 2018
LAW 697C. Turner Environmental Law Clinic
Class Number: 4901
Credits: 3 hours (Experiential Learning Approved)
Instructor(s): Prof. Goldstein, Mindy
Prerequisite: Environmental Advocacy (concurrently ok)
Grading Criteria: Legal work & Participation
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.
*Last Updated Fall 2018
LAW 685A. Veterans Benefits Law
Class Number: 4958
Credits: 2 hours
Instructor(s): Prof. Early, Drew
Prerequisite: None, but Administrative Law is recommended
Grading Criteria: Class Participation (20%) & Scheduled Final Exam (80%)
Description: This course introduces students to the body of administrative law and associated rules that govern the administration of veterans' benefits, both through the Department of Veterans Affairs and the relevant courts. It teaches the law and procedure applicable to claims by veterans and their families at all stages of the Veterans Affairs (VA) adjudication process: initial fact-finding
by VA regional offices, appellate claims to the Board of Veterans Appeals, and appellate review by the United States Court of Veterans Claims. In addition to instruction in relevant doctrine and policy exposure, students will engage in exercises directed to the basics of the disability rating process, to establishing the service connection to a disability, and to discharge review. Students will also be exposed to typical claims issues raised in veterans' cases handled by the Emory Law Volunteer Clinic for Veterans. Law students interested in administrative law, personal injury, and civil litigation will benefit from this course, as will students interested in public service, who will be better prepared to serve as pro bono counsel to veterans in the future. This field will be one of growing importance, as the war in Afghanistan winds down and the military continues to shrink.
Attendance Policy: Mandatory attendance with one excused absence as 25% of the final grade is class participation.
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 2018
LAW 683. White Collar Crime Workshop
Class Number: 5049
Credits: 1 hour
Instructor(s): Prof. Grubman, Scott
Prerequisite: Having taken or simultaneously taking either White Collar Crimes or (Constitutional) Criminal Procedure. There is no requirement that both be taken.
Grading Criteria: Classwork
Description: This course addresses the practical application of concepts learned in the White Collar Crimes course. During the workshop, students will be given information detailing allegations of a federal health care criminal case and Qui Tam action. Students will assess the case for possible violations of federal mail fraud, conspiracy, and false claim statutes. Students will draft a Qui Tam complaint, represent a party in the ensuing litigation (which will not involve a trial), and arrive at a resolution of the criminal case. The course will explore "true to life" aspects of federal criminal corporate litigation from both prosecution and defense perspectives.
*Last Updated Fall 2017
LAW 821. SEMINAR: Corporate Governance
Class Number: 5161
Credits: 3 hours
Instructor(s): Prof. Georgiev, George
Pre-Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2018-seminar-preselection-form/
Prerequisite: BA or an equivalent introductory course in corporate law
Grading Criteria: Participation, 3 Short Papers, & 1 Final Paper
Enrollment: Limited to those pre-selected, remaining seats will NOT be made available during Open Enrollment.
Description: Corporate governance is in a state of tremendous flux as a result of the global financial crisis of 2008-09, the corporate accounting scandals of the early 2000s, heightened public scrutiny of corporate conduct, and the rise of shareholder activism. This seminar will provide an overview of the main academic theories of corporate governance and examine some of the ongoing debates about the efficacy and adequacy of recent reforms, such as the Sarbanes-Oxley Act of 2002, the Dodd-Frank Act of 2010, and related SEC rulemaking. Possible topics
Scheduling: Students should be available to present their papers (or serve as discussants of others' papers) during an all-day research symposium. This symposium will be held on Saturday, November 10, in lieu of several regularly scheduled class meetings at the end of the semester.
*Last Updated Fall 2018
LAW 810. SEMINAR: Hate Speech & Free Speech
Class Number: 5124
Credits: 3 hours
Instructor(s): Prof. Seaman, Julie
Pre-Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2018-seminar-preselection-form/
Prerequisite: Constitutional Law
Grading Criteria: Paper
Enrollment: Limited to those preselected initially, any remaining seats will be made available during Open Enrollment.
Description: Regulation of hate speech and other expressions that implicates equality values often comes into conflict with the First Amendment. Recent events on university campuses, including at Emory, demonstrate the complexities that arise when listeners claim that others’ expression impacts their feelings of safety and inclusion. This seminar broadly considers the intersection between these two fundamental constitutional values of freedom of expression and anti-discrimination. Students will examine these issues from a variety of perspectives, including legal, comparative and interdisciplinary materials. The basic constitutional law course is a prerequisite; prior coursework on freedom of speech is helpful but not strictly required.
*Last Updated Fall 2017
LAW 816. SEMINAR: International and Comparative Patent Law
Class Number: 5160
Credit: 3 Hours
Instructor(s): Prof. Bagley, Margo
Pre-selection: https://emorylaw.wufoo.com/forms/lsr-fall-2018-seminar-preselection-form/
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: Must obtain Professor's permission to be enrolled.
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
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 2018
LAW 844. SEMINAR: Judicial Behavior
Class Number: 5011
Credits: 3 hours
Instructor(s): Prof. Shepherd, Joanna
Pre-Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2018-seminar-preselection-form/
Prerequisite: None
Grading Criteria: Class Discussions & Final Paper
Enrollment: Limited to those pre-selected, remaining seats will NOT be made available during Open Enrollment.
Description: How do judges decide cases? Some argue that judges primarily rely on legal factors to make their decisions, while others contend that judges decide cases in order to advance their own policy preferences. More recent studies of judicial behavior have concluded that judges may also be influenced by an aversion to reversal, an attempt to reduce their workload, and efforts to stay on the bench or attain a promotion. An understanding of judicial behavior is critical in policy debates about judicial selection methods, recusal rules, campaign finance reform, removal standards, and many other procedural rules and institutional norms. It is also an important factor in predicting litigation outcomes. In this class, we will explore theories of judicial behavior, examine the empirical evidence about how judges decide cases, and discuss the policy implications arising from the evidence. While some experience with empirical analysis would be helpful, it is not required.
*Last Updated Fall 2018
Class Number: 5061
Credits: 3 hours
Instructor(s): Prof. Vertinsky, Liza
Pre-Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2018-seminar-preselection-form/
Prerequisite: None
Grading Criteria: Participation, Class Exercises, Oral Presentation, & Final Seminar Research Paper
Enrollment: Limited to those preselected initially, any remaining students will be made available during Open Enrollment.
Description: Medicines are an integral part of healthcare in the modern world. They save lives, promote health, and play critical roles in preventing and responding to epidemic diseases. Access to essential medicines is a hotly contested issue both within the U.S. and internationally. Law can be used as a tool to improve access, either directly through measures that require or facilitate provisions of essential medicines or indirectly through the creation of incentives for research and development of new medicines. Law can also serve as a barrier to access. This course examines the roles that law plays or could play, in accessing essential medicines. It will begin with an overview of the relevant legal framework and a study of the recommendations made by several recent United Nations reports focused on issues of access. It will then move to a series of topics and case studies that address different aspects of the access to medicines debate.
Attendance policy: Attendance: Class will begin and end on time. Attendance and preparation for
*Last Updated Fall 2018
LAW 838. SEMINAR: Products Liability
Class Number: 4960
Credits: 3 hours
Instructor(s): Prof. Vandall, Frank
Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2018-seminar-preselection-form/
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
LAW 746A. SEMINAR: Professional Negligence
Class Number: 4959
Credits: 3 hours
Instructor(s): Prof.
Pre-Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2018-seminar-preselection-form/
Prerequisite: None
Grading Criteria: Paper
Enrollment: Limited to those preselected initially, any remaining seats will be made available during Open Enrollment.
Description: This seminar will explore the liability of professionals for negligent conduct. It will cover professionals such as physicians, psychologists, dentists, and others whose actions risk bodily injury. It will also cover those whose professional activities risk property and economic losses, such as engineers, architects, lawyers, and accountants. The legal field of focus is the liability in the borderland between torts and contracts. The seminar will also engage the form and structure of business torts that are neglected in the curriculum, yet loom large in commercial practice.
Particularly with respect
Materials will be distributed and discussion expected. Students will be required to prepare a paper that can be in satisfaction of the upper-level writing requirement. Students will orally present a final draft paper in class. This will form part of the final grade. In
*Last Updated Fall 2018
LAW 802. SEMINAR: Tax Policy
Class Number: 5125
Credits: 3 hours
Instructor(s): Prof. Brown, Dorothy
Pre-Selection:https://emorylaw.wufoo.com/forms/lsr-fall-2018-seminar-preselection-form/
Prerequisite: Federal Income Tax: Individual or Fundamentals of Income Taxation (concurrently ok).
Grading Criteria: Participation, Reflection Papers & Final Paper
Enrollment: Limited to those pre-selected, no Open Enrollment seats for this course
Description: The Tax Policy Seminar will analyze the role that tax policy plays in increasing the racial wealth gap in America. Attendance is required for each scheduled class. Throughout the semester, students will be responsible for submitting 1-2 page weekly reflection pieces, selecting a paper topic, submitting an introduction, and a draft paper. The final paper will be due at the end of the exam period. Class grades will be based upon the quality of class participation, completed assignments, and the final paper. The final paper can take the form of a law review-type paper or a white paper advocating for a policy change.
*Last Updated Fall 2018
LAW 823, 001. SEMINAR: The Family, the State & Vulnerability
Class Number: 5000
Credits: 3 hours
Instructor(s): Prof. Dinner, Deborah
Pre-Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2018-seminar-preselection-form/
Prerequisites: None
Grading Criteria: Participation, Attendance, Weekly Critical Response Papers, Verbal Presentation, & Seminar Paper
Enrollment: Limited to those pre-selected, remaining seats will NOT be made available during Open Enrollment.
Description: This seminar investigates the historical relationship between family forms, the U.S. welfare state, and human vulnerability. The seminar takes as a starting point for
In the last half-century, this welfare state has both transformed and contracted. This seminar investigates how the dynamic U.S. welfare state both reflected and shaped family forms across historical periods. It examines the legal and political debates by which families made new demands on the welfare state and the ways in which employers, insurance companies, and local, state, and federal authorities responded. The seminar analyzes how ideas about gender, race, sexuality, and class intersected in the formation of welfare policy.
The seminar addresses both private family law—which is adjudicated in courts and affects mostly middle-class families—and public family law—which is created and enforced by administrative agencies and affects mostly poor families. Students participating in the seminar will gain a deeper historical understanding of the laws and social policies regulating contemporary American families.
Each week, there will be both assigned and recommended readings. The majority of the class will be responsible only for the assigned readings. Each student will be responsible for the recommended readings in addition to the assigned readings, once during the semester. That week, you will make a ten to a twelve-minute presentation describing and critiquing the arguments of the recommended readings and relating them to the week’s overarching themes. The purpose of this structure is to enable everyone in the course to build a knowledge base broader than what individuals have time build on their own.
A second objective of the course is to improve students’ writing skills. This seminar satisfies the law school’s writing requirement. There will be both shorter response papers and a final writing assignment in the course.
*Last Updated Fall 2018
Class Number: 5052
Credits: 3 hours
Instructor(s): Prof. Vertinsky, Liza
Pre-Selection: https://emorylaw.wufoo.com/forms/lsr-fall-2018-seminar-preselection-form/
Prerequisite: None
Grading Criteria: Participation, Class Exercises, Oral Presentation, & a Final Seminar Paper
Enrollment: Limited to those preselected initially, any remaining seats will be made available during Open Enrollment.
Description: What is the current debate over the role of patents in promoting or impeding economic development and global health, and how will it evolve? How are international patent standards and norms shaped by this debate? What role can and should U.S. patent policy play in addressing issues of global development and health? This seminar will begin with a survey of the basic framework governing international standards for patent protection and enforcement. We will then examine the ways in which patents and patent law impact global economic development and health. The seminar will include the study of alternative methodologies for understanding and
Attendance Policy: Class will begin and end on time. Attendance and preparation for
*Last Updated Fall 2018
The following courses are being offered in Spring 2018, please note this list is subject to change.
Updated as of 1/3/2018
Class Number: 3787; Catalog Number- LAW 679, 02A
Credit: 2 Hours
Instructor: Prof. Costa, Jason
Prerequisites: None
Enrollment: Limited to 10 Students ONLY.
Grading Criteria: Classroom exercises; Court performance; & Periodic reaction papers
Description: Access to Justice provides second and third-year law students the unique opportunity to see how justice is actually administered in criminal cases in actual Georgia Courts and to develop their courtroom oral advocacy skills in a real-world setting. We will examine, through readings and classroom discussion, the ways in which poor and under-served populations access justice within the framework of the traditional criminal justice system, and the increasing role of accountability courts for defendants suffering from drug, alcohol or mental health afflictions. But this class extends far beyond the conventional classroom in three significant ways.
First, students will take multiple off-campus trips, including touring the local jail facility and attending actual court sessions to observe real criminal case proceedings. Second, students will receive real recent criminal case warrants and police reports and will conduct interviews and participate in mock classroom hearings on these cases. Lastly, where possible, students will interact with actual clients in real court proceedings (jail interviews, bond hearings, etc.). Students should plan to be in court one weekday morning every other week throughout the semester, though multiple weekday mornings options will be available each week to accommodate individual student schedules. Students will be graded primarily on their performance in both classroom and courtroom hearings and their participation in classroom discussion, and secondarily on periodic papers analyzing their experiences.
Please note: any students who have previously or are currently interning or doing a field placement with the State Court Division of the Law Office of the DeKalb County Public Defender will be ineligible for this course. Additionally, this course cannot be taken concurrently with an internship or field placement in the DeKalb County Solicitors or District Attorney’s Office as it would cause a professional conflict.
*Last Updated Spring 2017.
Administrative Law
Class Number: 5269; Catalog Number- LAW 701
Credit: 3 Hours
Instructor(s): Prof. Arthur, Thomas
Prerequisite: Legislation & Regulation
Grading Criteria: Scheduled Exam
Description: Most areas of contemporary legal practice require lawyers to work with administrative agencies and a large body of law concerning such agencies. This course is a study of how agencies are empowered, the procedures and modes through which agencies carry out their tasks, and legal constraints on these agencies. Topics include constitutional limits on Congress' power to delegate legislative and judicial power to agencies; procedures imposed upon agency adjudication and lawmaking by the Constitution, the Administrative Procedure Act, and other statutes; the scope of judicial review of agency decisions, including the methods by which courts restrict and control agency discretion, and the limitations on the availability of federal judicial review of federal agency actions. In addition, the course will explore several recent "regulatory reform" initiatives.
Class Number: 3788; Catalog Number- LAW 852, 12A
Credit: 3 Hours
Instructor(s): Prof. Rubin, Robert & Prof. Brickman, Jeff
Prerequisites: Evidence & Trial Techniques
Grading Criteria: Participation; Motion/Brief; and Mock Trial.
Description: The course is designed to teach trial techniques, criminal procedure, and ethics. Most of the classes will involve the students conducting various types of hearings and arguments. Designed in a case-simulation format, the course will enable the students to develop substantive knowledge of criminal law and procedures, develop case theory and witness testimony, draft pretrial motions, and finally conduct a full jury trial. The course will also build on the skills learned in Trial Techniques and develop students' facility with the advocacy techniques necessary to prosecute or defend criminal cases. Students will have multiple opportunities to perform in class and will receive extensive individual feedback from experienced lawyers. Further, several classes will involve discussions with guest speakers on ethics, investigation, and forensics.
Students will be graded on their performance in class during the semester, on a written brief, and on their performance in the mock trial at the end of the semester. Grades will be based on how well the students conduct the hearings and trials, i.e., formulation of examination questions, understanding of the theory of examination, ability to frame legal arguments and make objections, and presentation. Students will also be required to draft a motion and brief and will be graded on the quality of the legal writing.
*Last Updated Spring 2018
Class Number: 3690; Catalog Number- LAW 657, 12A
Class Number: 5358; Class Number- LAW 657E, GRAD This is an online section and is only open to JM students.
Accelerated Class: 1st seven weeks of semester (January 2018 – February 2018)
Credit: 1 Hour
Instructor(s): Prof. Christian, Elizabeth & Prof. Ahdieh, Robert (GRAD only)
Prerequisite: None
Grading Criteria: Research Problems and Research Project
Enrollment: Limited to 20 students! (On-Campus Section)
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.
Online Description: TBA
*Last Updated Spring 2017
Class Number: 3705; Catalog Number- LAW 755A, 06A
Credit: 3 Hours
Instructor(s): Prof. Elmore, Marvin & Prof. Goheen, Barry
Prerequisite: Federal Courts; Civil Procedure
Grading Criteria: Ask Professors
Description: Advanced Pre-Trial Litigation is for students who have taken Civil Procedure, and Federal Courts, and are ready for an advanced strategy practicum that prepares them for the complexities of modern litigation practice.
The Legal Strategy part of the course teaches students to consider the theoretical aspects of strategy and methods for working through a strategy problem, and then apply those theories and methods to practical problems. The problems involve a small business that encounters a series of situations requiring advice with respect to strategy.
In the second part of the course, the students will learn about negotiation theory and strategy and apply these techniques to the negotiation of an e-discovery dispute. Discovery of electronic materials, usually in digital format, creates some especially difficult, time-sensitive responsibilities for lawyers. Practicing successful methods for dealing with these responsibilities in a learning-by-doing setting provides an opportunity to adapt these methods to the individual lawyer’s own situation and style.
This is “entry-level” subject matter in the sense that it does not purport to cover all the specialized aspects of e-discovery, particularly those faced by very large companies or by companies with unusual records retention practices. The purpose of this part of the course is to provide lawyers with a general methodology that will, in most cases, prevent sanctions against the client and the lawyer, while being responsive under the rules to e-discovery requests and minimizing unnecessary business interruption. However, no general method can protect against every mistake or every type of intentional wrongdoing. And no general method can minimize business interruptions in every situation.
This course is structured around the requirements of the Federal Rules of Civil Procedure and the Federal Rules of Evidence. States may have more or less restrictive requirements, but the federal rules provide a useful general benchmark, and many state jurisdictions follow them.
E-discovery problems arise in two distinct phases:
- Preservation, production, and use of e-discovery; and
- Prosecuting or defending against challenges to the sufficiency of e-discovery.
These are quite different areas and require different skills. For this reason, we have developed two separate sections on e-discovery. The first part focuses on preservation, production, and use of e-discovery and seeks to develop the skills for interviewing, negotiating, and organizing your electronic discovery. A second part focuses on challenges to the sufficiency of e-discovery and seeks to develop the skills for preparing, arguing, and defending against typical motions for protective orders, motions to compel and motions for sanctions.
The e-discovery problems also develop skills in counseling clients, negotiating with opposing lawyers and dealing successfully with vendors. These skills are directed at the first-in-time problems of e-discovery – getting it right at the start and preventing disputes or adverse decisions. The course adapts established learning-by-doing teaching materials on interviewing and counseling, and on negotiation, for the special e-discovery setting. The case law applies primarily to the second area of e-discovery: prosecuting and defending against challenges to the sufficiency of e-discovery.
Finally, in part three of the course, we will deal with the strategy and law of class action lawsuits. This part of the course will teach you how to make the decision whether to file a class action lawsuit or go it alone. It will also examine how to think about your defense options: whether to agree to a class action for settlement purposes, fight class certification, or negotiate some variation between these two extremes,(including an overview of multidistrict litigation options). This part of the course will also refine your understanding the law and procedure (including appellate review) related to class certifications.
*Last Updated Spring 2016Class Number: 3691; Catalog Number- LAW 605, 04A (Allgood)
Class Number: 3748; Catalog Number- LAW 605, 02A (Armstrong)
Class Number: 3797; Catalog Number- LAW 605, GRAD (Allgood)
COURSES ARE NOT OPEN TO STUDENTS WHO HAVE TAKEN BUSINESS SCHOOL OR LAW SCHOOL NEGOTIATIONS.
Credit: 3 Hours
Instructor(s): Prof. Allgood, John & Prof. Armstrong, Phillip
Prerequisite: None
Grading Criteria:
- Team Role Plays and Take Home Exam (Allgood)
- Take Home Exam (Armstrong)
Enrollment: 14
Description: This course will explore Alternative Dispute Resolution [ADR] with an emphasis on negotiation, mediation, and arbitration processes. Course objectives include an overview of these processes as a complement to litigation as well as the study of and training in the skill sets used in each of the ADR processes by advocates as well as neutrals.
*Last Updated Spring 2017
Class Number: 3789; Catalog Number- LAW 851, 10A
Credit: 3 Hours
Instructor(s): Prof. Romig, Jennifer & Prof. Chapman, Ben
Prerequisite: LAW 535A (Introduction to Legal Analysis, Research, and Communications) and LAW 535B (Introduction to Legal Advocacy) or the equivalent 1L legal writing course for transfer JDs
Grading Criteria: Students will be graded on a combination of short assignments and quizzes, collaborative presentations with assigned groups, and their individual final blog designed around a topic they develop throughout the course. Because up to 30 percent of the grade may be based on collaborative work graded collectively for each group, this course is subject to a recommended but not mandatory mean.
Description: Many lawyers write for the public in client alerts and blogs, as well as shorter social media posts. This class introduces the theory, skills, and tools needed for legal blogging. Guest speakers will address specialized topics such as legal ethics and the use of images in social media. For their work in the course, students will write a series of blog posts about a topic they choose and discuss with the professors. The final project and the majority of each student’s grade is a final capstone blog consisting of a design theme, posts totaling approximately 4000 words, images to complement the text, and other blogging features. Students also present on various blogging topics in assigned groups. Prior technical knowledge of blogging software is not required – students will learn to use WordPress, a leading blogging platform.
*Last Updated Fall 2016
Class Number: 3843; Catalog Number- LAW 655A
Credit: 3 Hours
Instructor(s): Prof. Cleaver, Kathleen
Prerequisite: None
Grading Criteria: Participation; In-class oral presentation; Memo; & a Research paper.
Description: This course examines the evolution of U.S. citizenship as interpreted by courts and statutes during the 19th and 20th centuries, with particular attention given to the impact of historical events that constructed the way race was conceived of within the United States.
During the workshop we will study and discuss the Civil War amendments to the U.S. Constitution, 19th century civil rights legislation, restrictions imposed on Asian immigration, the citizenship of native peoples, the incorporation of Mexican territory and the citizenship of Mexicans, issues of equal protection, and the modern civil rights legislation of 1957 and 1964.
This course will also consist of a four-session film component, which will be arranged based on the convenience of the students enrolled.
*Last Updated Spring 2018
Class Number: 3774; Catalog Number- LAW 560, LLM1
NOTE: OPEN ONLY FOR FOREIGN-EDUCATED LLM STUDENTS
Credit: 2 hours
Instructor(s): Prof. Daspit, Nancy
Prerequisite: None
Grading Criteria: Paper
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.
*Last Updated Spring 2018
Class Number: 3818; Catalog Number- LAW 560B, GRAD
NOTE: This class is open only to foreign-educated LLMs only
Credit: 1 hour
Instructor(s): Prof. Daspit, Nancy
Prerequisite: None
Grading Criteria: Paper
Description: This course continues the study of legal analysis, research, and writing for practice in the American common law system. The topics covered include client letters, pleadings, and persuasive writing, along with enhanced instruction covering legal citation and advanced legal research sources and techniques.
*Last Updated Spring 2018
Class Number: 3785; Catalog Number- LAW 734, 10A
Credit: 3 Hours
Instructor(s): Prof. Shepherd, Joanna
Prerequisite: None
Grading Criteria: Participation & Scheduled Final Exam
Description: This course explores the application to the practice of law of analytical methods of the social sciences and business profession. It will introduce essential concepts from economics, accounting, finance, statistics, and game theory to prepare students for legal practice in the modern world. These tools can be tremendously important and useful; not knowing something about them can be a serious detriment to the effective practice of law. Always, our focus will be on the application of analytical methods to real legal problems, such as the appropriate measure of damages or when to settle a case -- not becoming adept at complicated calculations. Our primary goal: to recognize when an analytical method would be useful in a legal situation and to develop a rough idea of how to use that method. Students are not expected to have any prior training or experience.
*Last Updated Spring 2018
Class Number: 3783; Catalog Number- LAW 702, 10A
Credit: 3 Hours
Instructor(s): Prof. Arthur, Thomas
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: Federal regulation of competitive practices under the Sherman, Clayton, and Federal Trade Commission Acts. The course covers such antitrust problems as joint activities by direct competitors, including cartel price fixing, market division and boycott arrangements and productive joint ventures; monopolization by single firms; restraints imposed by manufacturers on their distributors; and mergers.
*Last Updated Spring 2018
Analysis, Research, and Communication ("ARC")
Note: LAW 590E is an online course and is only open to JM students.
Class Number: 3817; Catalog Number- LAW 590, GRAD (JM & LLMs w/approval)
Class Number: 5303 & 5365; Catalog Number- LAW 590E (Online JM format Students Only)
Credit: 2 hours
Instructor(s): Prof. Daspit Nancy (590 & 590E) & Prof. Glon, Christina (590)
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
Banking Law
Class Number: 3845; 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: 3756; Catalog Number- 635D
Credit: 3 hours
Instructor(s): Prof. Reba, Stephen
Prerequisite: None
Grading Criteria: None (based on individual student)
Description: Students in the Appeal for Youth Clinic provide a holistic appellate representation of youthful offenders in the juvenile and criminal justice systems. By increasing the number of appeals from adjudications of delinquency, we hope to end the unwritten policies and practices that result in youths being committed to juvenile detention facilities. Similarly, by providing post-conviction representation to youths who were tried and convicted as adults, we hope to decrease the number of youthful offenders who languish in Georgia's prisons.
*Last Updated Spring 2016
Barton Legislative Advocacy Clinic
Class Number: 3693; Catalog Number- LAW 635C
Credit: 3 hours
Instructor(s): Prof. Carter, Melissa
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: 3769; Catalog Number- LAW 630, 04A
Credit: 2 Hours
Instructor(s): Prof. Aronson, Morton
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Enrollment: Limited to 25 students!
Description: This course focuses on client development and retention. Business and Strategic Lawyering is the big picture of law. It is the development and understanding of legal, business, political social and other considerations with a goal to implementing strategic legal, business and other actions to obtain the best results. The constantly changing fields of science, technology, and globalization and their legal, business, political and social consequences make the strategic merging of proactive business strategies and legal considerations necessary for optimizing results. Both lawyers and business executives need to act proactively to protect clients and shareholder interests through effective strategic legal and business risk management structures and processes within the larger strategic business context. The course will include prominent guest lecturers from the legal and business communities.
This course will also consider and evaluate law firm management procedures and techniques to maximize on revenues as well as more effectively serving business clients. In the innovative driven technological economy we are living today, strategic lawyering has become an imperative for both lawyers and business executives.
*Last Updated Spring 2016
- Class Number: 3762; Catalog Number- LAW 500X, 001 (Kang)
- Class Number: 3865; Catalog Number- LAW 500X, 002 (Shepherd)
Credit: 3 hours
Instructor(s): Prof. Kang, Michael & Prof. Shepherd, George
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: This course surveys formation, organization, financing, management, and dissolution of sole proprietorships, partnerships, corporations, limited partnerships, and limited liability companies. The course includes fundamental rights and responsibilities of owners, managers, and other stakeholders. The course also considers the special needs of closely held enterprises, basic issues in corporate finance, and the impact of federal and state laws and regulations governing the formation, management, financing, and dissolution of business enterprises. This course includes consideration of major federal securities laws governing insider trading and other fraudulent practices under Rule 10b-5 and section 16(b).
*Last Updated Spring 2018
Class Number: 5271; Catalog Number- LAW 876, 00B
Credit: 2 Hours
Instructor(s): Prof. Kuck, Charles
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: Immigration law is one of the most divisive and complex areas in American law and a source of major policy debate. This course will introduce students to substantive legal concepts and procedures underlying the practice of immigration law in the United States, with emphasis on employment and investment based immigration. The course aims to provide an understanding of immigration statutes, regulations, and processes; analyzing administrative and judicial decisions and agency practices, as well as to placing our current immigration laws and system in their historical, social, and political contexts. A critical component of the course is the practical application of the immigration laws, concepts and procedures learned. The course includes review of admission issues, employment-eligibility verification compliance, employer sanctions, nonimmigrant and immigrant visa classifications and procedures (e.g., B, F, E, J, L, TN, H, O and P Visas, Labor Certification, I-140 Petitions, EB-5 Adjustment of Status, Consular Processing), advanced immigration concepts (e.g., H-1B Portability, Green Card Portability, Visa Retrogression), and practical solutions and strategies for handling immigration-related issues in the workplace.
Class Number: 5292; Catalog Number- LAW 623, 00F
Credit: 2 Hours
Instructor(s): Prof. Domingo, Rafael
Prerequisite: None
Grading Criteria: Participation & Take-Home Final Exam
Description: Canon Law, the law of the Roman Catholic Church, stands at the origin of the Western Legal Tradition and is one of the chief sources of legal concepts and principles we take for granted today. This course will explore the theological and historical background of Canon Law, as well as contemporary Canon Law practice and principles set out in 1983 Code of Canon Law, the 1990 Code of Canons of the Eastern Churches, and post-1983 legislation. The course will cover such topics as marriage and family life; clerical conduct and misconduct; church governance at the universal, intermediary, and local levels; the interwoven roles of the papacy, bishops, synod of bishops, college of cardinals, and Roman Curia; and some controverted questions concerning the rights and obligations of ordained diocesan clerics. The topics and themes of the course will be adjusted to meet the needs and interests of students. The readings will include primary and secondary sources.
*Last Updated Spring 2018
Class Number: 3292; Catalog Number- Law 658, 03A
NOTE: Interested students must submit a letter of interest & resume to Josh Moore, Office of the Georgia Capital Defender at jmoore@gacapdef.org
Credit: 3 Hours (pass/fail)
Instructor(s): Prof. Moore, Josh
Prerequisite: None
Grading Criteria: Participation
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
Catalyzing Social Impacts *Cross-listed with BUS 336/BUS 535
Class Number: 3827; Catalog Number- LAW 880B, GBS
Credit: 3 Hours
Instructor(s): Prof. Roberts, Peter; Prof. Martin, Randy; Prof. Segall, Lynne (Goizueta Business School); and Prof. Shalf, Sarah; Prof. Woodward, Jeff; & Prof. Norman, Justin (Emory Law School)
Prerequisite: None
Selection: https://emorylaw.wufoo.com/forms/preselection-for-catalyzing-social-impact/
Enrollment: Open to 2Ls, 3Ls and LLMs by application/permission only; Limited to 8 Students!
Grading Criteria: Class Participation; Team meetings; & Team Project
Description: This course is a team-project-based course. Students will be presented with a research question by a live client (nonprofit or socially conscious for-profit) regarding the feasibility of a concept to create, modify or expand their organization's work in some way. Past projects include: developing a method of deploying an interactive diabetes prevention education program in Atlanta high schools; developing the requirements and qualifications for a subsidized health benefits/education program for local organic farmers who are primarily within the Medicaid gap; locating feasible sites in Atlanta for a sustainable composting business; and determining the best method of exporting a public defender training organization's methods into other public defender systems.
Students from the law school, school of business (MBA) and Masters of Development Practice programs will work together to develop a statement of work, will collaboratively do legal and nonlegal (i.e., market, subject-matter, demographic, etc.) research, discuss and strategize that research with the team and client, and develop one or more feasible approaches to the issue presented. The projects will proceed in stages, with a different student leading each stage, and a presentation to the class and clients at the end of each stage. Grades will be based on the assessment of the final group product as well as peer assessment of each team member's contribution.
Enrollment will be between 6 and 8 students, depending on project availability and MBA enrollment. The first 6 students who are selected will be enrolled between the first and second phases of preregistration. Additional students may be waitlisted briefly pending confirmation of projects and total enrollment, with enrollment to be finalized in early-mid November.
There will be a mandatory business school boot camp the weekend of Jan. 6-9 that you must attend if you enroll in the course. We may have additional meetings between November and mid-January, either with the other students or just with the law students, to plan for and get students prepared for participation in the course.
*Last Updated Spring 2018
Class Number: 3741; Catalog Number- LAW 635, 02A
Credit: 2 Hours
Instructor(s): Prof. Carter, Melissa.
Prerequisite: Graduate Standing. THIS COURSE QUALIFIES AS A PRE-REQUISITE OR CO-REQUISITE FOR STUDENTS ENROLLED IN THE BARTON PUBLIC POLICY OR LEGISLATIVE ADVOCACY CLINIC.
Grading Criteria: Attendance; Participation; & Written Assignments
Description: This course will explore the various factors that shape public policy and perception concerning abused and neglected children, including: the constitutional, statutory, and regulatory framework for child protection; varying disciplinary perspectives of professionals working on these issues; and the role and responsibilities of the courts, public agencies and non-governmental organizations in addressing the needs of children and families. Through a practice-focused study, students will examine the evolution of the child welfare system and the primary federal legislation that impacts how states fund and deliver child welfare services. Students will learn to analyze and evaluate the effectiveness of legal, legislative, and policy measures as a response to child abuse and neglect and to appreciate the roles of various disciplines in the collaborative field of child advocacy. Through lecture, discussion, and a range of analytical writing assignments, students will develop a fuller understanding of this specialized area of the law and the companion skills necessary to be an effective advocate.
*Last Updated Spring 2018
Civil Trial Practice: Family Law
Class Number: 3744; Catalog Number- LAW 958, 06A
Credit: 3 Hours
Instructor(s): Prof. Wellon, Robert; Prof. Kessler, Randall; & Prof. Durrence, Amy
Prerequisite: Evidence & Trial Techniques
Grading Criteria: Course Work; Pretrial Conference; & Trial
Description: Designed to build on the litigation skills introduced in last year’s Trial Techniques Program, this course will enhance students’ trial proficiency by emphasizing lecture, demonstrations, as well as regular classroom participation through the NITA-inspired learn-by-doing approach. Students will receive guidance from a highly experienced panel of instructors comprised of well-respected judges and trial lawyers. Courtroom technology and visual aids will also be presented by providers of litigation support. The case file is built around a divorce trial, with issues of custody, alimony and support, the division of property, and an interesting twist on adultery and its impact. There are no family law pre-requisites for this course, as the primary focus will be developing and refining trial skills which will translate into any litigation. Some emphasis will be placed on the substantive law of domestic relations to establish the issues to be tried, but the real goal of the course is to further enhance the development of true trial lawyers. Other components of the course will feature jury selection by a nationally known jury consultant and pretrial conferences in anticipation of preparing for trial. Throughout the course, knowledge of evidence and its proper application will be emphasized, along with effective and practical techniques of delivery and examination. At the conclusion of the semester, a full trial will be conducted by student trial teams to a live jury in a real courtroom setting at the DeKalb County Courthouse with actual trial judges presiding. This is an essential course for students interested in honing and further enhancing their abilities in a courtroom, and for others simply interested in expanding their knowledge and skills in the burgeoning area of family law. The course has been expanded to three hours in recognition of the value of the course and the time and specialized attention required to prepare law students to move immediately into trial work upon graduation.
*Last Updated Spring 2016
Climate Change
Class Number: 5299; Catalog Number- LAW 624L, 00A
Credit: 2 Hours
Instructor(s): Prof. Purdom, Rebecca
Prerequisite: Ask Prof.
Grading Criteria: Ask Prof.
Description: Ask Prof.
*Last Updated Spring 2018
Class Number: 3801; Catalog Number- LAW 770, 04A
Credit: 2-3 Hours (optional 3rd credit for JD students only who write research papers)
Selection: Non-law students (up to an additional 5) are welcome with permission from the instructor. For more information contact Professor Dudziak at mary.dudziak@emory.edu
Instructor(s): Prof. Dudziak, Mary
Prerequisite: None
Grading Criteria: Participation & Research Paper
Enrollment: Limited to 10 law students! (No preselection for law students, enrollment is first-come-first-serve)
Description: This course is a law and graduate seminar held in conjunction with the Colloquium on War and Security in Law, Culture, and Society. The course approaches the study of law, war, and national security as inherently interdisciplinary areas of inquiry. We will read and discuss books and articles on war, national security, and the role of law. Outside speakers will occasionally present works in progress.
Course requirements: Students will read and comment on papers by outside speakers, read and discuss course readings, and write a 20-page paper. Law students who enroll for an additional credit (for a total of 3 credits) will instead write a research paper of at least 30 pages. The 30-page research paper, which can satisfy the law school writing requirement, will involve more extensive research, and students will be required to complete additional assignments, including a first draft.
*Last Updated Spring 2018
Class Number: 3802; Catalog Number- LAW 612, 001
Class Number: 5505; Catalog Number- LAW 612, GRAD; This is an online course and is only open to JM students.
Credit: 3 Hours
Instructor(s): Prof. Hay, Peter & Prof. Ahdieh, Robert (GRAD)
Prerequisite: None
Grading Criteria: Take-home Exam or In-class Exam; Early delivery option for take-home.
Description: The first-year Contracts course typically is too compressed to deal in any depth with Article 2 of the Uniform Commercial Code (UCC) which, in some form, is now the law in all States and applies to contracts for the sale of goods in excess of $500. This course covers Article 2 in depth and adds some treatment of documentary transactions (bills of lading and letters of credit). The Convention on the International Sales of Goods (CISG) was ratified by the United States and, as federal law, therefore supersedes the UCC, whenever its provisions cover an issue. The course, therefore, supplements UCC study with all relevant provisions of the CISG. – The course is offered in the form of a workshop in which issues like contract formation, formalities, conditions, breach, remedies are studied in a problem-solving format: Code (or CISG) law is applied to solve hypothetical cases, with court decisions serving as authoritative tools for the interpretation of the statutory language. The study of Art. 2 is a very desirable completion of one’s understanding of Contract law.
Online Description: TBA
*Last Updated Spring 2016
Comparative Law and Religion (Lab)
Class Number: 6274; Catalog Number- LAW 894, CSLR
**ACCELERATED COURSE- January 29-February 2, 2018 and February 19-23, 2018**
Credit: 1 Hour
Instructor(s): Prof. Goldfeder, Mark
Prerequisite: Law & Religion
Enrollment: Limited to 25 Students!
Grading Criteria: One short paper each week; Pass/Fail
Description: An in-depth look at comparative law and religion from two angles. Week 1: Religious Law; Week 2: International Law and Religion.
Students in the practicum will be working on two cases: a) Posner v. Debeneim out of California, a secular inheritance case that actually hinges on Jewish contract law, family law, and parental obligations. Second, they will be working with the professor on United Poultry Concerns v. Chabad of Irvine, in the Ninth Circuit Court of Appeals, another civil case that turns on Jewish ritual, and in which, we will file an expert amicus brief. Professor Lifshitz and Professor Goldfeder are still fine-tuning the exact material but Professor Lifshitz's week-long part of the course will provide students with a background law and religion perspective from a religious law (in this case Jewish law) standpoint which will help the practicum students put these two cases in context.
Lastly, we are also going to be looking at the different ways similar cases are handled in courts and jurisdictions around the world. Roznai's part of the course will take off from where Lifshitz left off and explore how even "religious law" is handled contextually. This will set up another important part of the practicum which deals with how to practically argue religion cases without religion. We will focus on the American arguments of ceremonial deism and religious speech and the rest of Roznai's lessons will look at how other countries in Europe and Asia make similar sorts of arguments by framing things as "religious culture" instead of religion. Again this will put our Establishment jurisprudence in a much broader context.
*Last Updated Spring 2018
Class Number: 3745; Catalog Number- LAW 610, 02A
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
Conflict of Laws
Class Number: 3803; Catalog Number- LAW 709, 12A
Credit: 3 Hours
Instructor(s): Prof. Hay, Peter
Grading Criteria: Scheduled Final Exam
Description: When a case has interstate or international aspects – for instance: place of contracting and performance differ, a tort has cross-border effects, one party seeks an ex parte divorce or maintenance or child custody modification in another state or country, or an intestate decedent leaves property in different places -, the first question that rises: which court or courts have jurisdiction? Second, the court that does entertain the case must then decide which law to apply. (The anticipated answer to this question may influence the plaintiff’s choice of court in the first place). Third, if a successful plaintiff finds no assets locally, s/he needs to get the judgment recognized and enforced in a state or country where the debtor-defendant does have assets. – The course offers a good review of important aspects of civil procedure and treats choice of the applicable law and judgment recognition in depth. The focus is on interstate conflicts cases but the course also contains comparative and international material in all of its parts.
*Last Updated Spring 2015
Constitutional Criminal Procedure: Investigations
ClassNumber: 5357; Catalog Number- LAW 622A, 001
Class Number: 3841; Catalog Number- LAW 622A, GRAD; This is an online course and is only open to JM students.
Credit: 3 hours
Instructor(s): Prof. Cloud, Morgan & Prof. Ahdieh, Robert (GRAD)
Prerequisite: None
Grading Criteria: Class Participation & Scheduled Final Exam
Description: This course examines the constitutional rules governing criminal investigations, including searches and seizures, the interrogation of witnesses and suspects, and the roles played by prosecutors and defense attorneys during the investigative stages of criminal cases. The course studies the current constitutional rules governing these essential police practices, the development of these rules, and the relevant but conflicting policy arguments favoring efficient law enforcement and individual liberty that arise in these cases.
Online Description: TBA
*Last Updated Spring 2017
Class Number: 3873; Catalog Number- LAW 698L
Credit: 3 Hours
Instructor(s): Prof. Perry, Michael
Prerequisite: None (1Ls who have not taken Con Law, please contact instructor 1st)
Grading Criteria: Course Participation and Take-home Exam
Description: In the last half-century, the Supreme Court of the United States has resolved, on the basis of the Constitution of the United States, several greatly contested "rights" controversies—controversies concerning, e.g., gun control, capital punishment, race-based affirmative action, abortion, physician-assisted suicide, and, most recently, same-sex marriage. In this course, we will study those (and other) controversies and evaluate the Supreme Court’s decisions. A principal, recurring issue throughout the course: In resolving such controversies, what role should the Supreme Court play: how large a role, or how small? The final exam will be of the “take home” variety.
*Last Updated Spring 2018
Class Number: 3749; 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.
*Last Updated Spring 2017
Corporate Finance
Class Number: 3804; Catalog Number- LAW 712, 12A
Class Number: 5360; Catalog Number- LAW 712, GRAD; This is an online course and is only open to JM students.
Credit: 3 Hours
Instructor(s): Prof. Shepherd, George & Prof. Ahdieh, Robert (GRAD)
Prerequisite: Business Associations
Grading Criteria: Scheduled Final Exam
Description: A study of the financial and economic theory underlying legal doctrines in corporate finance, and the relationship between these doctrines. Focuses on decisions about "value" in the context of such areas as bankruptcy reorganization, dissenters' appraisal rights, and public utility regulation. Problems of capital structure and the duties of directors to various classes of claimants are studied in light of decisions about dividend policy and reinvestment. Includes a brief review of modern portfolio theory.
Online Description: TBA
*Last Updated Spring 2018
Class Number: 3733; Catalog Number- LAW 959, 01A
Class Number: 3747; Catalog Number- LAW 959, 02A
Credit: 1 Hour
Instructor(s): Prof. Metzger, Janet
Prerequisite: Evidence & Trial Techniques
Grading Criteria: Classwork & In-class Final Exam
Enrollment: Strictly limited to 12 students!
Note: Class openonly to 3Ls
Description: This course introduces students to basic acting, directing and writing tools a lawyer needs to motivate and persuade jurors and applies these tools to courtroom performance. Using lectures, exercises, readings, individual performance and video playback, the course helps students develop concentration, observation skills, storytelling, spontaneity, and physical and vocal technique. Students also gain practical experience applying these tools to the presentation of openings and closings as well as questioning witnesses and jurors.
Students reflected on what they gained from taking this class:
"I think what is most drastically different is how much more professional I came across later in the semester." -Ben S.
"The largest benefit I drew from our class was the ability to stand comfortably in front of a group of people." -Diana S.
"The most valuable aspect is practice, practice, practice, especially when combined with live and individualized feedback. I can make presentations with significantly less internal anxiety than before, and with more organization and the outward appearance of credibility." -Andrew R.
"This class taught me that putting work into your speaking style can really pay off! I also found the freedom during this class to try some experiments with my speaking technique, including not memorizing a script and moving about my space." -Alan W.
Class Number: 3886; Catalog Number- LAW 960
Credit: 1 Hour
Instructor(s): Prof. Metzger, Janet
Prerequisite: Courtroom Persuasion/Drama I
Grading Criteria: Participation & Group Assignment
Enrollment: Strictly limited to 12 students!
Description: This follow-up course to Courtroom Persuasion Drama I applies theater arts techniques to the practical development of persuasive presentation skills in any high-pressure setting, especially the courtroom.
In this advanced class, you will build on performance skills learned in Courtroom Persuasion Drama I in order to present a more compelling and persuasive case story. You will gain practical experience applying skills and techniques of communication and storytelling learned in CPDI to the components of a trial from initial interview through closing arguments.
You can expect to increase your creativity in storytelling through improvisation; develop visualization by increasing awareness of and sensitivity to images in written language; feel confident in your own unique style of communication.
*Last Updated Spring 2018
Criminal Law Defenses
Class Number: 5300; Catalog Number- LAW 700C, 00D
Credit: 1 Hour
Instructor(s): Prof. Berne, Steven
Prerequisite: Criminal Law & Evidence
Grading Criteria: Participation & Scheduled Final Exam Period
Enrollment: Limited to 15 students!
Description: This class will enable the students to effectively advocate and persuade others of the veracity of particular criminal defenses. Emphasis will be placed on several current and controversial defenses, including "stand your ground" self-defense and opioid addiction. Students will watch video content, listen to podcasts and read news articles. There will be an in-class discussion of these defenses as applied to ongoing criminal cases.
*Last Updated Spring 2018
Criminal Competency and Responsibility Practicum
Class Number: 3867; Catalog Number- LAW 622E
Credit: 2 hours
Instructor: Prof. Deets, Annie
Prerequisite: Criminal Law; Constitutional Law; & Mental Health Issues in the Criminal Justice System.
Grading Criteria: Participation; Court Performance; & Experiential Reaction Papers
Enrollment: Limited to 8 Students! (Contact Professor for Permission)
Description: The Mental Health Issues in the Criminal Justice System Workshop provides an experiential learning component to second and third-year law students who have previously taken Law 622D. Students will have the unique opportunity to see how justice is actually administered in the context of criminal cases involving issues of competency or criminal responsibility in Georgia Courts and to develop their courtroom advocacy skills. We will examine, through readings and classroom discussion, the ways in which mental health cases fit or rather do not fit within the framework of the traditional criminal justice system and the practical implication of raising issues of mental health issues of competency, criminal responsibility or even offering evidence of mental health as mitigation. This class will have a classroom component but will also extend beyond that into the real and very complex practice of criminal law involving mental health issues. Students will conduct mock competency and mock responsibility trials. Students will take multiple off-campus trips, including touring the local mental health service providers, interacting with the NICK Project (a collaboration between the DeKalb Public Defender’s Office, Atlanta Legal Aid, and the Department of Behavioral Health and Developmental Disabilities) and attending actual court sessions to observe criminal case proceedings. Student will also review actual competency evaluations and will conduct interviews with actual defendants, participate in discharge planning with social workers and community service providers, observe actual competency evaluations, and participate in mock classroom hearings on these cases. Lastly, where possible, students will represent their clients in actual court proceedings (bond hearings, motions hearing, competency hearings, pleas.)
Students should plan to be in court one weekday morning every other week throughout the semester, though multiple weekday mornings options will be available each week to accommodate individual student schedules. Students will be graded primarily on their performance in both classroom and courtroom hearings and their participation in classroom discussion, and secondarily on periodic papers analyzing their experiences.
Please Note: any students who have previously or are currently interning or doing a field placement the Law Office of the DeKalb County Public Defender will be ineligible for this course. Additionally, this course cannot be taken concurrently with an internship or field placement in the DeKalb County Solicitors or District Attorney’s Office, as it would cause a professional conflict.
*Last Updated Spring 2018
Directed research is an independent scholarly project of your own design, meant to lead to the production of an original work of scholarship. Once you have secured a faculty advisor and have defined your project, you should download the directed research form (see below). In this form, indicate whether you are seeking one unit (a 15 page paper, double spaced, exclusive of endnotes, tables, appendices, etc.) or two units (a 30 page paper, double spaced, exclusive of endnotes, tables, appendices, etc.).
Complete information and the application form are available on the secure Directed Research web page »
Class Number: 3735; Catalog Number- LAW 659E, 09A
Class Number: 3881; Catalog Number- LAW 659E, 09B
Credit: 3 Hours
Instructor(s): TBA
Prerequisite: None
Grading Criteria: Course Work
STUDENTS WHO HAVE PREVIOUSLY TAKEN ACCOUNTING OR FINANCE COURSES ARE NOW PERMITTED TO TAKE THIS CLASS ON A PASS/FAIL BASIS ONLY WHICH WILL TAKE UP THREE OF THEIR SIX PASS/FAIL HOURS.
Description: This course is designed for those liberal arts majors who know nothing about accounting and finance. Students will learn about the fundamental financial statement concepts. Then the course will turn to the study of how lawyers use those concepts in practice.
*Last Updated Spring 2016
Class Number: 3736; Catalog Number- LAW 659G, 02A
Credit: 3 Hours
Instructor(s): Prof. Elliott, James & Prof. Taylor
Prerequisite: Real Estate Finance (concurrent okay); Contract Drafting; & Deal Skills (concurrent okay)
Grading Criteria: Midterm; Participation; & Drafting of Documents
Enrollment: 18
Description: This course will concentrate on sales, finance, and leasing of commercial real estate. It will require significant amounts of time devoted to the financial analysis of real estate projects and to negotiating and drafting of documents. It is designed specifically to include JD, LLM, and MBA students. Workgroups will consist of JD, LLM, and MBA students working together as lawyer and client to analyze, negotiate and document the acquisition and subsequent leasing of a shopping center. The text for the course is a business school real estate finance text. Legal materials will be made available as handouts. A basic knowledge of Excel will be helpful but not required.
*Last Updated Spring 2016
- Class Number: 3766; Catalog Number- LAW 659A, 04A
- Class Number: 3763; Catalog Number- LAW 659A, 04B
- Class Number: 3764; Catalog Number- LAW 659A, 04C
- Class Number: 3777; Catalog Number- LAW 659A, 04D
- Class Number: 3765; Catalog Number- LAW 659A, 04E
- Class Number: 3786; Catalog Number- LAW 659A, 09A
- Class Number: 3779; Catalog Number- LAW 659A, 09B
- Class Number: 3878; Catalog Number- LAW 659A, MCL
NOTE: CONTRACT DRAFTING AND DEAL SKILLS WILL BE PREREQUISITES TO ALL DOING DEALS CAPSTONE COURSES
Credit: 3 Hours
Instructor(s): TBA
Prerequisite: Business Associations (highly recommended as prerequisite, but can be taken concurrently)
Grading Criteria: Homework & Final Assignment
Enrollment: Limited to 12 students per section!
Description: This course teaches students the principles of drafting commercial agreements. Although the course will be of particular interest to students pursuing a corporate or commercial law career, the concepts are applicable to any transactional practice.
In this course, students will learn how transactional lawyers translate the business deal into contract provisions, as well as techniques for minimizing ambiguity and drafting with clarity. Through a combination of lecture, hands-on drafting exercises, and extensive homework assignments, students will learn about different types of contracts, other documents used in commercial transactions, and the drafting problems the contracts and documents present. The course will also focus on how a drafter can add value to a deal by finding, analyzing, and resolving business issues.
The grade will be based on specific homework assignments and class participation.
*Last Updated Spring 2016
Class Number: 3737; Catalog Number- LAW 659H, 06A
Credit: 3 Hours
Instructor(s): Prof. New, Randy & Prof. Mazzone, Dominic
Prerequisite: Business Associations; Contract Drafting; & Deal Skills (concurrent not ok for any)
Grading Criteria: Written Problems & Class Participation
Enrollment: Limited to 12 Students!
Description: The purpose of this course is to prepare students for the first year of general corporate practice, whether in an in-house, law firm or solo practice setting. This course will provide students with broad exposure to a variety of corporate problems, including contract negotiation and drafting typical of current corporate practice, complex corporate structuring issues, joint ventures, and non-litigation corporate dispute resolution. The course exercises will involve questions of corporate, tax, employment, and debtor-creditor law. Although prior coursework in these areas is not required, it is preferable to have some interest in and familiarity with these areas.
Because student participation is essential for the success of this practice-simulation course, attendance is mandatory. Failure to attend will affect the course grade. This course also requires collaborative work with other students and meetings with the adjunct faculty. You will be required to schedule several meetings in addition to regular class time. In addition, any students on the wait list for this class must attend the first class meeting, which sets the stage for the first several weeks of assignments.
*Last Updated Spring 2016
- Class Number: 3738; Catalog Number- LAW 659B, 04A
- Class Number: 3742; Catalog Number- LAW 659B, 04B
- Class Number: 3879; Catalog Number- LAW 659B, 04C
- Class Number: 3753; Catalog Number- LAW 659B, 04D
- Class Number: 3754; Catalog Number- LAW 659B, 04E
- Class Number: 3755; Catalog Number- LAW 659B, 04F
NOTE: CONTRACT DRAFTING AND DEAL SKILLS WILL BE PREREQUISITES TO ALL DOING DEALS CAPSTONE COURSES
Credit: 3 Hours
Instructor(s): TBA
Prerequisite: Contract Drafting (required – concurrent not okay); Business Associations
Grading Criteria: Homework, Participation/Professionalism; Negotiation Project; & Comprehensive Individual Project
Enrollment: Limited to 12 Students!
Description: Deal Skills builds on the skills and concepts learned in Contract Drafting and emphasizes the skills and thought processes involved in, and required by, the practice of transactional law. The course introduces students to business and legal issues common to commercial transactions, such as M&A deals, license agreements, commercial real estate transactions, financing transactions, and other typical transactions. Students learn to interview, counsel, and communicate with simulated clients; conduct various types of due diligence; translate a business deal into contract provisions; understand basic transaction structure, finance, and risk reduction techniques; and negotiate and collaboratively draft an agreement for a simulated transaction. Classes involve both individual and group work, with in-class exercises, role-plays and oral reports supported by lecture and weekly homework assignments.
*Last Updated Spring 2018
Class Number: 3750; Catalog Number- LAW 659J, 05A
Credit: 3 Hours
Instructor(s): TBA
Prerequisite: Business Associations; Contract Drafting; & Deal Skills (concurrent not okay for any)
Grading Criteria: Participation in Simulated Transaction; Written Assignments; & Participation (NO EXAM)
Enrollment: Limited to 12 students!
Description: This class is designed to provide law school students who intend to practice transactional law with some of the basic practical skills required to counsel companies with respect to business combinations. The focus of the course will be to identify and discuss the factors involved in a typical business combination, the roles of the parties and the relevant documents. The course is intended to ease the transition from law school to junior transactional associate.
*Last Updated Spring 2016
Class Number: 3887; Catalog Number- LAW 880
Credit: 1 Hour
Instructor(s): Prof. Ellis, Jeremy & Prof. Harrison, Chason
Prerequisite: Approved by Faculty Advisor (via tryout)
Grading Criteria: Participation (Graded on Pass/Fail Basis)
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: 5398; Catalog Number- LAW 659R, 001
Credit: 3 Hours
Instructor(s): TBD
Prerequisite: Business Associations & Contract Drafting. Deal Skills is a recommended prerequisite but may be taken concurrently (or waived by the professor based on relevant experience or other factors).
Grading Criteria: In-class exercises; homework assignments; A comprehensive individual project; & A prospectus summary project. There will not be a final exam!
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. Prerequisites are Business Associations and Doing Deals: Contract Drafting. Doing Deals: Deal Skills is a recommended prerequisite but may be taken concurrently (or waived by the professor based on relevant experience or other factors).
*Last Updated Spring 2018
Class Number: 3739; Catalog Number- LAW 659C, 04A
Credit: 3 Hours
Instructor(s): TBD
Prerequisite: Business Associations; Contract Drafting; & Deal Skills (concurrent not okay for any)
Grading Criteria: Coursework
Enrollment: Limited to 12 Students!
Description: This course will study the business and legal issues in venture capital transactions. The course will be taught primarily through simulations.
*Last Updated Spring 2016
Class Number: 3784; Catalog Number- LAW 669, 02A
Credit: 3 Hours
Instructor(s): Prof. Dinner, Deborah
Prerequisite: Standard First-Year Courses (including Con Law)
Grading Criteria: Participation & Scheduled Final Exam
Description: An introduction to the principal federal employment discrimination statutes, with limited attention to state analogues. The course will focus primarily on the prohibitions on race and sex discrimination under Title VII of the Civil Rights Act of 1964, as well as the Age Discrimination in Employment Act, and the Americans with Disabilities Act. We will also examine constitutional law when relevant to the interpretation of statutory prohibitions on discrimination.
*Last Updated Spring 2018
Class Number: 3746; Catalog Number- LAW 669X, 06A
Credit: 1 Hour
Instructor(s): Prof. Shultz, Chad & Prof. King, Fred
Prerequisite: Employment Discrimination or Employment Law
Grading Criteria: Coursework
Enrollment: Limited to 8 students!
Description: The class will work through an employment law case from meeting the client to a mock jury trial. The students will be divided into 2 law firms. One firm represents the Plaintiff and the other firm represents the Defendant. The classes are lead by Chad Shultz and Carlton King Jr., but this is an interactive class that encourages group discussion and student participation. The written assignments will include a demand letter (Plaintiff’s firm), a response to the demand letter (defense); summary judgment brief and reply (simplified and limited to no more than 8 pages). Each student will also participate in deposing a witness, argue the motion for summary judgment, and play a role in the trial of the case. This is a hands-on class that will allow you prosecute and defend an employment case from start to finish.
*Last Updated Spring 2016
Class Number: 5332; Catalog Number- LAW 694, 00D
Credit: 3 hours
Instructor(s): Volokh, Alexander
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: English legal history began around the year 600, when King Aethelberht of Kent promulgated his famous legal code: "If a person strikes off a thumb, 20 shillings. If a thumbnail becomes off, let him pay 3 shillings. If a person strikes off a forefinger, let him pay 9 shillings. If a person strikes off a middle finger, let him pay 4 shillings. . . ." From Aethelberht to modern-day workers compensation codes (in Georgia, $60,000 for the loss of a hand) is but a brief step. But in between, we get to cover Domesday Book, Magna Carta, the dissolution of the monasteries, the Instrument of Government, and the Bill of Rights.
More precisely: this course is a survey of the law of England between, approximately, the years 600 and 1800. Why study English legal history? There are at least two possible reasons: (1) to know "how we got here from there" and thus to better understand our modern legal system, or (2) to understand the period on its own terms, that is, to see what it was like to be a lawyer in the 14th century. I'm personally partial to approach (2), but there will be plenty for those who favor approach (1) as well.
We'll cover some private law, some criminal law, and some constitutional law (and we'll discuss why it's correct to talk of "constitutional law" when a country has no written constitution). I anticipate that we'll spend less time on criminal law than on private or con law. The theme of private law is that our law of property, torts, and contracts is largely the result of unplanned accidents, lawyers seeing how far they could stretch existing legal remedies to cover situations they were never designed for. The theme of con law is that we have our democratic representative institutions thanks to irresponsible, high-spending kings: the more irresponsible the king, the more often he would call an assembly to ask for more money. Little by little, the legal system will come to resemble what we learned as 1Ls.
The readings will be a mix of primary sources (in modern English translation) and secondary sources. No knowledge of foreign languages or English history is required or assumed.
*Last Updated Spring 2018.
Class Number: 3694; Catalog Number- Law 720, 04A
Credit: 3 Hours
Instructor(s): Prof. Sanders, Scott
Prerequisite: Intellectual Property; Trademark Law; or Copyright Law (concurrent okay)
Grading Criteria: Scheduled Final Exam
Description: This course will provide an overview of the rapidly developing body of law associated with the entertainment industries concentrating in the areas of music publishing and commercial recording, live performance, literary publishing and motion pictures. The course will focus on a study of entertainment law cases, aspects of copyright law, personal rights, and negotiation of entertainment agreements.
*Last Updated Spring 2018
Environmental Law
Class Number: 3853; Catalog Number- LAW 624X
Credit: 3 hours
Instructor(s): Prof. Goldstein, Mindy
Prerequisite: Legislation & Regulation
Grading Criteria: Participation & Scheduled Final Exam
Description: This course will focus on legal strategies to regulate and remedy environmental harms. The course is designed to prepare transactional lawyers, regulatory lawyers, and litigators, specifically including students interested in specializing in environmental law for corporate compliance, the government, or public interest. A major goal of the course is to introduce students to the analytical skills necessary to understand and work in environmental and many other predominantly statutory and regulatory fields. The course will therefore frequently involve analysis of methods of interpretation of statutes and regulations and analysis of the central role of administrative agencies in environmental law. The course will focus on various federal environmental statutes, including the Clean Air Act; Clean Water Act; Comprehensive Environmental Response, Compensation, and Liability Act; Endangered Species Act; and National Environmental Policy Act.
*Last Updated Spring 2018
Class Number: 3695; Catalog Number- LAW 916, 02A
Credit: 2 hours
Instructor(s): Prof. Pennell, Jeff
Prerequisite: Trusts & Estates (There are no tax course prerequisites for Estate Planning)
Grading Criteria: Scheduled Final Exam
Description: Selected problems in estate analysis and planning involving drafting of wills and trusts utilizing future interests, class gifts, powers of appointment, generation-skipping arrangements, and qualification for the marital deduction. Consideration of planning for business interests, insurance, and employee benefits also is included.
*Last Updated Spring 2017
Class Number: 3809; Catalog Number- LAW 620L, 001
Credit: 2 Hours
Instructor(s): Prof. Mickevicius, Henrikas & Prof. Tulibacka, Magdalena
Prerequisite: EU Law I recommended
Grading Criteria: Participation & Scheduled Final Exam
Description: The course examines fundamental areas of substantive law of the European Union, with particular emphasis on their practical application and on their links and parallels with U.S. law. The students will examine some of the most important recent cases decided by the Court of Justice of the EU involving U.S. corporations, including Google Spain v. Costeja on ‘the right to be forgotten’, and Microsoft v Commission concerning Microsoft’s abuse of its dominant position in the EU market. They will be able to identify and critically assess the EU approach to a number of legal and economic concepts and rules, including market integration, equality, products liability and antitrust law.
The course commences with examining the EU personal data protection regime and the right to be forgotten as defined in case of Google Spain v. Costeja. It will continue with an examination of the law and legal practice related to the European single market: free movement of persons, including the evolving concept of EU citizenship; goods; establishments and services; and capital.
A number of hours will be devoted to the complex EU antitrust law, its enforcement, and its relationship to the U.S. antitrust rules. The analysis of the European Union’s market legislation and legal practice will be completed by a class on EU consumer law, which in many ways differs from the U.S. approach to consumer protection.
Further, the students will scrutinize the European Product Liability Directive and its parallels with the U.S. products liability law.
Finally, the course will examine substantive and procedural aspects of the EU criminal law and other issues within the rapidly developing area of freedom, security, and justice, and discuss the emerging areas of the EU civil procedure, including class actions and ADR. Lectures and discussions will draw parallels with the U.S. federal and State systems.
Most classes will consist of a lecture part and an interactive seminar part where students will deal with the judgments of the Court of Justice of the European Union, hypothetical cases, resolve legal problems and discuss ideas.
*Last Updated Spring 2017
Class Number: 3751; Catalog Number- LAW 632X, 04A (Morrison)
Class Number: 5230; Catalog Number- LAW 632X, 04B (Goldfeder)
Credit: 3 Hours
Instructor(s): Prof. Goldfeder, Mark & Prof. Morrison, Caren (Visiting Professor- GSU Law)
Prerequisite: Must be a second-year JD (or AJD) student; LLMs are eligible as well.
Grading Criteria: Scheduled Final Exam
Description: A general consideration of the law of evidence with a focus on the Federal Rules of Evidence. Coverage includes relevance, hearsay, witnesses, presumptions, and burdens of proof, writings, scientific and demonstrative evidence, and privilege.
Externship Program
Catalog Number- Law 870I-Advanced; Law 870D- Civil Litigation; Law 870F- Corporate Counsel; Law 870H-Criminal Defense; Law 870C- Govt. Counsel; Law 870E- Judicial; Law 870J- Legislative Policy; Law 870G- Prosecution; Law 870A- Public Interest; Law 870L- Small Firm.
Credits: Varies
Instructor(s): Multiple
Selection: Application process submitted to Prof. Sarah Shalf (The Deadline has now passed, and if interested must contact Prof. Shalf)
Grading Criteria: Class Participation & Fieldwork
Description: Step outside the classroom and learn to practice law from experienced attorneys. Take the skills and principles you learn in the classroom and learn how they apply in practice. Emory Law's General Externship Program provides work experience in different types of practice (all sectors except law firms) so you can determine which suits you best and develop relationships that will continue as you begin your legal career. Students are supported in their placements by a weekly class meeting with other students in similar placements, taught by faculty with practice experience in that area, in which students have the opportunity to learn legal and professional skills they need to succeed in the externship, receive mentoring independent of their on-site supervisors, and to step back and reflect on their experience and what they are learning from it.
Our Small Firm Externship Program provides students especially interested in the small law firm practice setting with experience in specially-selected small law firms. The firms' attorneys participate with the students in our weekly class meeting, which focuses on the skills and attributes necessary to succeed in a small firm practice setting.
Students apply for externships via Symplicity in the semester prior to the externship and all placements must be preapproved. Available placements for the General program are listed on the Emory Law website, http://law.emory.edu/academics/academic-programs/externships/externship-search.html, and the currently-participating Small Firms are listed here: https://emorylaw.wufoo.com/forms/small-firm-externship-applicant-law-firm-ranking/
Warning: No student is allowed to be enrolled in more than one clinic or externship classes (except fieldwork) in a semester.
*Last Updated Spring 2017
Class Number: 3740; Catalog Number- LAW 633, 10A
Credit: 3 Hours
Instructor(s): Prof. Broyde, Michael
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: This course will address the problems, policies, and laws related to the formation and dissolution of the marital relationship. Among the topic covered will be marriage, divorce, child custody and other related topics.
*Last Updated Spring 2015
Federal Income Tax: Corporations
Class Number: 3696; Catalog Number- LAW 642, 10A
Credit: 2 Hours
Instructor(s): Prof. Fowler, Lynn
Prerequisite: Fundamentals of Income Tax
Grading Criteria: Scheduled Final Exam
Description: Survey of the general structure of taxation of corporations. Considers the tax issues arising from the formation, operation, liquidation, and reorganization of corporations. An important course for anyone interested in transactional law.
*Last Updated Spring 2015
Class Number: 3790; Catalog Number- LAW 640L, 08A
Credit: 4 Hours
Instructor(s): Prof. Brown, Dorothy
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: An introduction to federal income taxation with an emphasis on determination of income subject to taxation, which expenses are allowable deductions and whether certain income is excluded from taxation, along with the proper time for reporting items of income and deductions and which proper taxpayer should pay the tax.
NOTE: Students who have previously taken Fundamentals of Income Tax (the 3 credit course with Professor Pennell) may not take this class.
*Last Updated Spring 2018
Class Number: 3697; Catalog Number- LAW 942, 04A
Credit: 2 Hours
Instructor(s): Prof. Beaudrot, Charles
Prerequisite: Fundamentals of Income Tax
Grading Criteria: Three Quizzes & Scheduled Final Exam
Description: This course teaches the key principles of the taxation of partnerships, joint ventures, LLCs and other entities taxed under Subchapter K of the Internal Revenue Code and those who own interests in such entities. We will look at tax issues in the formation, financing, and operation of these entities in order to understand the effect the tax rules have on financial returns and choices in investment structures. This is an important class for those interested in venture capital, private equity, real estate, or international business transactions where the rules of partnership taxation are of great importance.
*Last Updated Spring 2018
Introduction to Financial Compliance
Class Number: 3885; Catalog Number- LAW 759
Credit: 2 Hours
Instructor(s): Prof. Clemmons, Morgan
Prerequisite: None
Grading Criteria: Participation (35%); & Scheduled Final Exam (65%).
Description: This course is intended for students with an interest in financial institutions and regulatory compliance, specifically those thinking about working in big law or in-house at a fintech start-up company, looking to effect change in financial services policies and regulations, or planning to work in consulting, compliance, or risk with a consulting firm. Financial services regulatory compliance related to consumer protection is experiencing a boom. Many attorneys and professionals are unprepared to understand the enforcement of the rules and supervision of institutions under state regulators’, the Federal Reserve, the FDIC, the Office of the Comptroller of the Currency, and the Consumer Financial Protection Bureau’s authority, as these agencies work across many industries and institutions, including banks, credit unions, mortgage companies; student loan companies; auto lenders; payday loan lenders; fintech companies, etc. This course will introduce students to financial services regulatory compliance, and students will familiarize themselves with regulations and trends in financial services. Students will interpret regulations, review cases, and balance real-world business considerations, including financial and reputational consequences, in order to tackle real legal issues and challenges. The course will include guest speakers from regulatory agencies, practicing attorneys, and other subject matter experts (SMEs) with advanced degrees and/or relevant compliance work experience.
*Last Updated Spring 2018
First Amendment
Class Number: 3830; Catalog Number- LAW 601C, GRAD: This is an online course and is only open to JM students.
Credit: 3 hours
Instructor(s): Prof. Ahdieh, Robert
Prerequisite: Constitutional Law I
Grading Criteria: Ask Prof.
Description: This is an online course is about the history, theory, and law of free speech. The law has two components, a set of substantive standards and a set of procedural standards. (Given the high value assigned to free-speech, for it the courts have developed especially protective procedural standards.) In terms of substance, First-Amendment based law has developed differently in different contexts, such as sedition, crime-facilitating speech, defamation, pornography, public education, and commercial speech. We will study free speech in these and other contexts. Also, free speech varies according to the medium, oral, print, or electronic, and we will consider speech in these different mediums.
*Last Updated Fall 2014
Foreign and Comparative Law Research
**Accelerated Class- Second-half of semester
Class Number: 5510; Catalog Number- LAW 761C
Credit: 1 hour
Instructor(s): Prof. Flick, Amy
Prerequisite: None
Grading Criteria: Research practice Exercises & Final Research Project
Description: Foreign & Comparative Law Research will introduce specialized techniques for research in the legal materials of other countries. Students will become familiar with research in foreign and comparative law through lectures and practical application through in-class research exercises, homework exercises, and a final research project on a subject area of the law of another country. Topics for class sessions will include types of primary resources for other countries, comparative works and subject compilations, translations and use of legal resources in foreign languages, and research in the materials of select countries, both common law jurisdictions (United Kingdom, Canada, and Australia), and civil law jurisdictions (France and Mexico). This will be a one-credit, graded course meeting on an accelerated schedule for the second seven weeks of the semester. Because student participation is essential for the learning experience in this course, attendance at each class session is mandatory. Failure to attend will affect the course grade.
*Last Updated Spring 2018Class Number: 3805; Catalog Number- LAW 602, 001
Credit: 3 Hours
Instructor(s): Prof. Dudziak, Mary
Prerequisite: Constitutional Law I
Grading Criteria: In-Class Final Exam
Description: This course examines the law that regulates the conduct of American foreign relations. Topics include the distribution of foreign affairs powers between the three branches of the federal government, the war power, the treaty power, the status of international law in U.S. courts, the validity of executive agreements, the preemption of state foreign affairs activities, and the political question and other doctrines regulating judicial review in foreign affairs cases.
*Last Updated Spring 2018
Class Number: 3698; Catalog Number- LAW 890A, 04A
OPEN TO TI:GER STUDENTS ONLY. PROFESSOR PERMISSION REQUIRED.
Credit: 3 Hours
Instructor(s): Prof. Morris, Nicole
Prerequisite: None
Grading Criteria: Participation
Description: Fundamentals of Innovation II is the second of the two-course sequence on various techniques and approaches needed to understand the innovation process. Issues explored will include patterns of technological change, identifying market and technological opportunities, competitive market analysis, the process of technology commercialization, intellectual property protection, and methods of valuing new technology.
The fall course and the companion course in the spring will provide the academic core to the student’s first year in the Technological Innovation: Generating Economic Results (“TI:GER”) program and will be taught as a series of learning modules. Each module and class session is lead by a faculty or guest instructor with in-depth experience in that particular technology commercialization topic. Students will take each course as a “community of participants” and will participate on both an individual and team level. Innovation teams that are comprised of the PhD candidates, MBA and JD students, will be formed mid-semester and will participate both in in-class activities and cases, as well as in an “engaged learning” experience intended to simulate the technology commercialization process. The technology/research that will drive the innovation teams will be provided by the PhD candidates and their advisors.
*Last Updated Spring 2017
Class Number: 3775; Catalog Number- LAW 736, 12A
Credit: 3 hours
Instructor(s): Prof. Satz, Ani
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: Healthcare is one of the largest sectors of the economy, and the practice of health law is growing. This course is an introduction to regulatory health law as well as some prominent medical controversies. The course will address selected topics in health law related to issues of quality, access, cost, and choice. Possible topics include: regulation of physicians and healthcare institutions, confidentiality, informed consent, individual and institutional obligations to provide care, discrimination in access to care, ERISA preemption and regulation, public and private health insurance structures and some of the major statutes that govern them, fraud and abuse, government powers in public health emergencies, genetic discrimination and eugenics, assisted suicide, and human and nonhuman animal experimentation for medical purposes.
Health Policy: Obamacare v. Trumpcare
Class Number: 5392; Catalog Number- LAW 736L, 001
Credit: 3 hours
Instructor(s): Prof. Sage, Bill
Prerequisite: None
Grading Criteria: Participation & Proctored Final Exam
Description: Healthcare represents approximately one-sixth of the American economy, as skilled personnel provide life-saving services using advanced technology. But the fairness and efficiency of the healthcare system remain controversial. Enacted a century after universal health coverage was first proposed in the United States, the Affordable Care Act (aka “Obamacare”) intensified public policy debate rather than resolving it. After years of sustained opposition, the Republican party now seeks to “repeal” and “replace” Obamacare after its victory in the 2016 national elections. But why? And how?
This course considers some of the toughest problems in current health law and policy. Which countries have the best healthcare systems, and why? What roles should government play in health care, and what roles should it avoid? Does the U.S. make too many social problems into medical ones, or too few? What is the best way to support the cost of care for those who are too sick or too poor to afford it themselves? How can we spend less on health care and get more for our money? To what degree should the future health care system be controlled by physicians? How can individuals and communities become healthier? How can racial disparities in health care and health be reduced? How can the health care system best serve an aging population? What policies would most effectively further innovation? Finally, how has law defined these problems and how can legal change facilitate their solution?
Because the course meets in one long bloc each week, we will regularly include interactive components, small-group work, etc. We will also alternate each week between a "macro" level issue such as expanding health coverage or reducing aggregate spending, and a "micro" level issue such as redressing medical errors that cause patient injury or ameliorating social determinants that impair health for individuals and families.
*Last Updated Spring 2018
Higher Education Law
Class Number: 3807; Catalog Number- LAW 665, 001
Credit: 3 hours
Instructor(s): Prof. Fowler, Paul PhD
Prerequisite: None
Grading Criteria: Participation; Case Briefs; Class Presentation; Outline Paper; and Case Study/Scheduled Final Exam.
Description: The course has been designed to expose the student to a range of administrative challenges at the postsecondary level that entails legal and ethical implications. The course experiences should ultimately help current and prospective administrators to envision the legal dimensions of collegiate-level decision processes. Topics to be covered will be the basis from which higher education law originates, current (case, state and regulatory) law, as well as risk management and liability issues for higher education – all contextualized to current pressing issues facing higher education today.
*Last Updated Spring 2018
Income Taxation of Trusts, Estates, Grantors, and Beneficiaries
Class Number: 5336; Catalog Number- Law 911, 00A
Credit: 2 hours
Instructor(s): Prof. Pennell, Jeff
Prerequisite: There is no prerequisite. Highly recommended is concurrent or prior enrollment in the basic Income Taxation course and prior completion of Trusts & Estates
Grading Criteria: In-class Midterms & Scheduled Final Exam.
Description: The income taxation of trusts, estates, grantors, and beneficiaries (Internal Revenue Code Subchapter J) affects virtually every fiduciary entity and imposes the highest income tax rates in America. This course focuses on the basic application of Sub J to garden-variety trusts and estates and explores the grantor trust rules that trump those basic rules. We will attend to specifics of planning with “intentionally defective grantor trusts,” postmortem income tax planning, dealing with income in respect of a decedent, charitable trusts, foreign trusts, Subchapter S and Electing Small Business Trusts, and state income taxation of trusts that straddle state borders.
*Last Updated Spring 2016
Class Number: 3825; Catalog Number- LAW 608, 001
Credit: 3 Hours
Instructor(s): Prof. Holbrook, Tim
Prerequisite: None
Grading Criteria: Scheduled Final Exam (Multiple Choice)
Description: This course will serve as an introduction to patent, trademark, copyright law, and trade secrets. The course will explore the policy and legal foundations for these areas of law and the scope of protection which each affords. The eligible subject matter, requirements for protection, and means of enforcement of each regime will be examined and compared. The framework for the administrative procedures which support the patent and trademark systems will also be discussed.
*Last Updated Spring 2018
Intellectual Property Litigation Practicum
Class Number: 5397; Catalog Number- LAW 608D, 001
Credit: 3 hours
Instructor: Prof. Rothman, Joel; Prof. Schneider, Jerold; & Prof. Kunin, Larry
Prerequisite: 3Ls only! IP Survey and Evidence are prerequisites. Copyright, Trademark or Patent are strongly suggested.
Selection: https://emorylaw.wufoo.com/forms/ip-lit-practicum/
Enrollment: Limited to 12 Students!
Grading Criteria: Participation & Groupwork (Pass/Fail)
Description: In this practicum, you will assist experienced intellectual property counsel in the representation of real “live” clients in copyright, trademark, trade secret and patent infringement litigation.
You will learn, through classroom instruction, the role the litigator plays in representing clients in intellectual property matters at all phases from the sending of demand letters to the filing of complaints, answering or moving to dismiss, filing for or defending against preliminary injunction/temporary restraining order proceedings, seeking or defending against discovery requests, choosing and presenting or opposing experts, filing or defending against motions for judgment on the pleadings or summary judgment, trial preparation, trial and appeal.
You will be assigned at least one actual plaintiff’s case of copyright infringement to handle from start to finish. You will also assist in the prosecution or defense of patent, copyright, trademark or trade secrets cases depending upon the availability of those cases at that time.
The skills you gain will help you decide whether litigation generally, and intellectual property litigation specifically, interests you, and will be useful in either a litigation or transactional practice regardless of the subject matter.
The practicum will include classroom instruction and simulation during class, as well as assignments to be completed for each class to improve proficiency with real-world litigation documents.
Students will accumulate at least 150 hours of total time, between class time, class preparation, and working on assignments outside of class.
*Last Updated Spring 2018
Class Number: 3850; Catalog Number- LAW 730, GRAD; This is an online course and is only open to JM students.
Credit: 3 Hours
Instructor(s): Prof. Ahdieh, Robert
Prerequisite: None
Grading Criteria: Ask Prof.
Description: This online course will be a survey of practical issues that arise in cross-border transactions, including both outbound and inbound (from a US perspective) trade and investment transactions. We will discuss issues that affect transactions involving international trading of goods, project development, and acquisitions. Topics will include letters of credit, international trade terms such as INCOTERMS, joint venture agreements, and international transfer of technology. We will also cover some selected aspects of government regulation of international trade and investment.
*Last Updated Spring 2018
Class Number: 3822; Catalog Number- LAW 690L, 001
Credit: 3 Hours
Instructor(s): Prof. Van der Vyver, Johan
Prerequisite: None
Grading Criteria: Scheduled Final Exam or Take-home Final Paper
Description: This course focuses on international concerns for the upholding of human rights standards in legal systems of the world. It defines the concept of human rights and distinguishes different categories of human rights that have developed over the years, namely (a) natural rights of the individual; (b) civil and political rights; (c) economic, social and cultural rights; and (d) solidarity rights. General problems relating to the theoretical basis of human rights will come under the spotlight in this section, including the universality and relativity of human rights, and the right to self-determination of peoples.
The course further deals with mechanisms for the protection and promotion of international human rights at three distinct levels: (a) globally, under auspices of the United Nations Organization, with emphasis on the binding effect of the human rights standards enunciated in the Charter of the United Nations and the Universal Declaration of Human Rights, promotion and protection of those rights by the Human Rights Council, and the proclamation and enforcement of certain categories of rights in virtue of international conventions and covenants sponsored by the United Nations; (b) regionally, in Europe under auspices of the Council of Europe, the European Union, and the Helsinki Accord, in the Americas under auspices of the Organization of American States; and in Africa under auspices of the African Union; and (c) thematically, under auspices of specialized agencies such as the International Labor Organization (ILO) and UNESCO.
When dealing with the promotion and protection of human rights under auspices of the United Nations, special attention will be given to the question whether or not the provisions in the U.N. Charter dealing with human rights are self-executing in the United States, and decisions of the Human Rights Council dealing with, for example, the defamation of a religion, and human rights violations committed by Israel in the West Bank and in Gaza. We have also singled out particular rights and freedoms for closer scrutiny, such as freedom of speech, freedom of religion or belief, and the international protection of rights of the child.
The section on the Council of Europe pays special attention to the doctrine of a margin of appreciation developed by the European Court of Human Rights, which affords to High Contracting Parties a first bite at the cherry to decide whether circumstances exist in their respective countries that would warrant limitations to be imposed on particular rights or freedoms enunciated in the European Convention for the Protection of Basic Human Rights and Fundamental Freedoms, and to the doctrine of positive obligations, which places on High Contracting Parties a duty to protect persons under their jurisdiction against violations of their rights by the State and by non-State actors. It further focuses on a selection of judgments of the European Court of Human Rights, such as those relating to torture, sexual orientation, and extradition constraints (the latter involving the United States).
The section on the Inter-American system for the protection of human rights singles out decisions of the Inter-American Commission of Human Rights that condemned the United States for not observing basic principles of the Inter-American Declaration of the Rights and Duties of Man of 1948, for example ones that dealt with racial discrimination in the sentencing of convicted criminals, the death penalty, abortions, and non-compliance by the United States with the Vienna Convention on Consular Relations.
The latter set of cases will also bring into contention three judgments of the International Court of Justice condemning the United States for non-compliance with the Vienna Convention on Consular Relations, and responses from the U.S. Supreme Court and the Constitutional Court of Germany to those judgments. The enforcement of international human rights in federal courts of the United States in cases such as Medéllin v.
Texas and in virtue of the Alien Torts Statute and Article 1, Section 8, Paragraph 10 of the U.S. Constitution places the Vienna Convention judgments in a broader perspective.
*Last Updated Spring 2018
International Human Rights Law Practicum
Class Number: 5402; Catalog Number- LAW 690A
Credit: 3 hours
Prerequisite: International Human Rights Law (concurrent ok)
Selection: https://emorylaw.wufoo.com/forms/international-human-rights-practicum-preselection/
Grading Criteria: Substantive Projects & Short-term tasks via Assignments (70%) & Attendance/Participation (30%). No Final Exam
Enrollment: Limited to 4-6 Students!
Description: The Practicum will offer students a one-of-a-kind experiential education opportunity to deepen their knowledge of international human rights law, policies and enforcement mechanisms. The Practicum allows students to act essentially as junior lawyers in collaboration with and under the direct supervision of an Adjunct Professor Henrikas Mickevicius, who has over 35 years of experience in national and international law practice and is a member of the United Nations Working Group on Enforced or Involuntary Disappearances (WGEID). A signature element of the Practicum will be support for the mandate of the WGEID.
Students will work on substantive projects and short-term tasks related to the WGEID. Weekly 2-hour companion seminars, taught by Prof. Mickevicius, will familiarize them with the relevant legal frameworks—hard and soft law instruments, mechanisms, venues, procedures and case-law—and the skills they will need to employ to carry out assignments. Students will present and reflect on their findings and receive specific feedback from their instructor and classmates, to progress in their work. The instructional part of the seminar and related readings will be coordinated with professors teaching doctrinal human rights courses.
The course accounts for a minimum of 150 work hours per semester, including the weekly seminars, as well as preparation for those seminars, and assignments and projects. Assignments will constitute 70% of the final grade, and seminar attendance and participation 30%. There will be no final exam for this course.
*Last Updated Spring 2018
Class Number: 3752; Catalog Number- LAW 676, 02A
Credit: 3 Hours
Instructor(s): Prof. Van der Vyver, Johan
Prerequisite: None
Grading Criteria: Scheduled Final Exam or Take-home Final Paper
Description: September 11th, the war in Afghanistan and in Iraq, and the status of Afghani captives being held at Guantanamo Bay; the testing and stockpiling of weapons of mass destruction; the violent conflict in Israel and Palestine, and in Libya; and attempts to establish an Islamic State (ISIS) in Syria and Iraq are all matters that come within the range of international humanitarian law: the law of armed conflict. International humanitarian law applies to and in times of armed conflict and differentiates between international armed conflicts and armed conflicts not of an international character. The war in Bosnia/Herzegovina and jurisprudence of the International Criminal Tribunal for the Former Yugoslavia (ICTY) illustrate the complexities attending that distinction. The U.S. Supreme Court decided in the Hamdan Case that the “war against terror” is an armed conflict not of an international character because it is not a war between States. This view is at odds with the jurisprudence of the ICTY and the International Criminal Court (ICC). It is also extremely difficult to establish precisely under what conditions an internal uprising would be considered an armed conflict for the purposes of international humanitarian law.
The rules of international humanitarian law fall into two main categories:
(a) the ius ad bellum (the law relating to armed conflict): under what circumstances is the taking up of arms to resolve an international or internal dispute legitimate, and when would it constitute the international crime of aggression?
(b) the ius in bello (the law applying in times of war), which comprises two main subject matters:
The rules regulating the means and methods of conducting hostilities (what weapons may be used, and what persons or objects may be targeted);
How must belligerent parties treat persons and objects not engaged in, or used for, actual combat, such as the wounded or sick members of the armed forces in the field; the wounded, sick or shipwrecked members of the armed forces at sea; prisoners of war; and civilians.
Under (a), the course will explore the legitimacy of, for example, wars of liberation, the right to self-defense, and humanitarian intervention, with special emphasis on the war in Iraq, the Israeli offensive in Gaza, the use of armed force in Libya, and the current bombing campaign in Syria and Iraq. Under (b)(i), questions such as the legality of the threat or use of a wide spectrum of armament, ranging from dumdum bullets to nuclear, bacteriological and chemical weapons, as well as legitimate/illegitimate targets of an armed attack, will be considered. Under (b)(ii), matters such as the treatment of prisoners of war and of the wounded and sick soldiers, and the protection of civilians and civilian objects, including cultural property, in times of war will come under the spotlight.
Particular problems that have emerged from recent judgments of the ICC and of the Supreme Court of Israel include the conscription and enlistment, and the use in actual combat, of children under the age of 15 years, and the use of a human shield to protect legitimate military targets from an armed attack.
*Last Updated Spring 2018
Class Number: 3732; Catalog Number- LAW 676C, 02A
Credit: 3 Hours
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
Class Number: 3699; Catalog Number- LAW 732, 04A
Credit: 3 Hours
Instructor(s): Prof. An-Na’im, Abdullah
Prerequisite: None
Grading Criteria: Mid-Course Paper & Scheduled Final Exam. Regular attendance is required. Missing five classes without prior notification to the Instructor or genuine emergency will result in a reduction of one tier in the final grade (e.g. from A minus to B plus). Additional unexcused absences will result in further reduction of the final grade. A class will be devoted to discussion of the themes and issues for the one mid-course paper.
Description: This course introduces students to an accurate overview of principles of Public International Law while adding a critical, post-colonial global south perspective. We will also discuss some of the challenges raised by structural and institutional limitations of the current “state-centric” system. Underlying questions include: What were the context and assumptions underpinning the formation, structure, and content of International Law in the 19th and first half of the 20th century? Have things really changed or are they simply “old wine in new bottles”? Is present International Law really international, and what impact, if any does this distinction have? What are some of the implications of the recent transformations in the actors and processes involved in the rule of law in international relations?
Required Readings: Jeffrey L. Dunoff, Steven R. Ratner and David Wippman, INTERNATIONAL LAW: NORMS, ACTORS, PROCESS, 4th Ed. (Wolters Kluwer, 2015).
*Last Updated Spring 2018
NOTE: OPEN ONLY TO FOREIGN-EDUCATED LLM STUDENTS & JM STUDENTS
Class Number: 3794; Catalog Number- LAW 570A
Class Number: 5363; Catalog Number- LAW 570E, 001 (Mathews); This is an online course, only open to online format JM students.
Class Number: 5364; Catalog Number- LAW 570E, 002 (Goldfeder); This is an online course, only open to online format JM students.
Credit: 2 hours
Instructor(s): Prof. Koster, Paul (570A); Prof. Mathews, Jennifer & Prof. Goldfeder, Mark (570E)
Prerequisite: None
Grading Criteria: Participation & In-Class Final Exam
570A Description: This course covers the constitutional principles and governmental structures that shape the American legal system. The course examines the basic principles of legal reasoning and provides an overview of the primary areas of first-year legal study.
570E Description: TBA
*Last Updated Spring 2018.
Introduction to Law & Economics
Class Number: 3773; Catalog Number- LAW 628Y, 08A
Credit: 3 hours
Instructor(s): Prof. Shepherd, Joanna
Prerequisite: None
Grading Criteria: Participation & Scheduled Final Exam
Enrollment: Limited to 80 Students!
Description: This course introduces students to the economic analysis of the law. Because economics provides a tool for studying how legal rules affect the way people behave, understanding economic analysis of legal problems has become an important part of a lawyer's education. The ability to predict the effects of legal rules helps the practicing lawyer furnish advice and make arguments before courts. It is also a prerequisite for the evaluation of legal policy. Over the last twenty-five years, the economic approach has grown in importance in academia as well as in legal and judicial practice. The course will explore several economic methods and concepts and apply them to illuminate and critique familiar areas of law, including criminal law, torts, contracts, property, and civil procedure. There are no prerequisites for this course; a background in economics is not necessary (or even very helpful).
*Last Updated Spring 2018
Introduction to Legal Advocacy (ILA) formerly LWRAP II
Catalog Number- LAW 535B
Credit: 2 hours
Instructor(s): Prof. Carroll, Lesley; Prof. Kirk, Aaron; Prof. Mathews, Jennifer; Prof. Parrish, Robert; Prof. Romig, Jennifer; Prof. Schwartz, Julie; Prof. Pinder, Kamina; & Prof. Koster, Paul
Prerequisite: ILARC (or an equivalent course)
Grading Criteria: Class assignments
Enrollment: This course is limited to first-year students and transfer students who need the course to graduate
Description: This course builds on skills presented in ILARC and introduces students to the process of effectively employing persuasive strategies in both written and oral formats.
*Last Updated Spring 2018
Islamic Banking & Finance
Class Number: 5395; Catalog Number: LAW 627F, 001
Credit: 3 Hours
Instructor(s): Prof. Bambach, Lee Ann
Prerequisite: None
Grading Criteria: Participation & Take-home Final Exam
Description: Islamic finance is one of the fastest growing sectors of the international finance market, growing at the rate of over 10% annually and expected to top $3 trillion in assets by 2020. No longer limited to the Middle East or Southeast Asia, there is growing interest in this market on the part of non-Muslim customers, investors, and financial institutions, and and sharia-compliant financial services and products are currently offered more than 70 countries, including in the U.K. and the U.S. Yet in spite of its dynamic growth and future potential, the Islamic financial industry remains relatively unknown in the United States.
This course is designed as an intensive basic introduction to Islamic (or sharia-compliant) banking and financing. It will explore the hows and whys behind the industry, its ethical and legal underpinnings, and how it interacts with the U.S. and other legal systems. No previous familiarity with the field is necessary and there are no course prerequisites. All readings will be in English.
*Last Updated Spring 2018
Class Number: 3814; Catalog Number- LAW 627, 001
Credit: 3 Hours
Instructor(s): Prof. An-Na’im, Abdullah
Prerequisite: None
Grading Criteria: This course is evaluated exclusively through three 1500 word papers, submitted via email to eibridg@emory.edu, by the dates topics indicated in the Course Outline. Attendance is required. Missing five classes without the approval of Instructor will be penalized in the final grade. Additional grade penalty will be imposed for missing more than five classes.
Description: The objective of this course is to introduce students to the nature, sources, and techniques of Sharia. The term Sharia is used instead of Islamic Law to avoid implying that it is the law in the sense of the positive law of the state, which this course will argue is a misconception.
This course will discuss the main concepts, principles, and rules of Sharia in a range of themes of modern legal systems, namely, the fields of property and transactions, family law, criminal law, constitutional law and inter-communal (international) law and human rights.
The course will also examine the issue of Jihad under Shari‘a and its implications to modern international relations.
The last part of the course will examine the relationship between Shari‘a and the legal systems of a range of modern Muslim-majority countries, selected from Otto, SHARIA INCORPORATED (2011).
Required Texts:
- An-Na‘im, ISLAMIC COURSE MATERIALS 2016, Emory Law School Copy Center
- Abdullahi Ahmed An-Na‘im, TOWARD AN ISLAMIC REFORMATION (Syracuse University Press, 1990)
- Jan Michiel Otto, Editor, SHARIA INCORPORATED (Leiden University Press Academic), 2011.
*Last Updated Spring 2018
Class Number: 3771; Catalog Number- LAW 664, 12A
Credit: 3 Hours
Instructor(s): Prof. Broyde, Michael
Prerequisite: None
Grading Criteria: Paper or Take-Home Exam
Description: This course will survey the principles Jewish (or Talmudic) law uses to address difficult legal issues and will compare these principles to those that guide legal discussions in America. In particular, this course will focus on issues raised by advances in medical technology such as surrogate motherhood, artificial insemination, and organ transplant. Through discussion of these difficult topics many areas of Jewish law will be surveyed.
*Last Updated Spring 2016
Juvenile Defender Clinic
Class Number: 3700; Catalog Number- LAW 699C
Credit: 3 hours
Instructor(s): Prof. Waldman, Randee
Prerequisite: Priority will be given to students who have taken or are currently enrolled in: Kids in Conflict with the Law; Juvenile Law or Family Law 2; Criminal Procedure; and Evidence.
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: 5337; Catalog Number- LAW 699, 00D
Credit: 2 hours
Instructor(s): Prof. Waldman, Randee
Prerequisite: None
Grading Criteria: Grades will be based upon (i) a short reaction paper; (ii) an in-class advocacy exercise; & (iii) a final research paper.
Description: The 2-credit course is a detailed study of the juvenile delinquency system. This course will trace the trajectory of juvenile justice in the United States over the course of the last century, from its birth as a separate system in the early 1900s, through the due process revolution of the 1960s and 1970s and the widespread punitive reforms of the 1990s, to the recent rulings on the juvenile death penalty and juvenile life without parole. It will explore critical issues such as search, seizure, and interrogation of minors; waiver from juvenile to adult court; the unique procedural mechanisms of juvenile courts; sentencing and confinement; and implications of emerging scientific research on adolescent development. Finally, the course will also explore the relationship between the juvenile delinquency and school systems. Classes will consist of lecture, discussion, and advocacy exercises. This course is open to all 2Ls and 3Ls, and is recommended either prior to or concurrently with entry into the Barton Juvenile Defender Clinic.
Landlord-Tenant Mediation Practicum II
Class Number: 5362; Catalog Number- 870K, 002
Credit: 3 hours (each semester)
Instructor(s): Prof. Powell, Bonnie
Selection: Application process submitted thru Symplicity (Deadline has already passed as this is a year-long course)
Description: Landlord-Tenant Mediation Workshop students will mediate landlord/tenant disputes, including cases handled by the Magistrate and State courts; particularly small claim civil issues such as disputes between landlords and tenants. Assuming an agreement is reached during mediation, students will be responsible for drafting a detailed settlement agreement.
Students work under the supervision of an attorney mediating cases that deal with numerous issues of law within the court system. Prior to mediating, students will receive 28 hours of civil mediation training and will be registered as neutrals with the Georgia Office of Dispute Resolution.
Required Mediation Training
Training is provided by the program and will occur the first or second week in August; attendance for the entire 28 hours of training is mandatory. Training dates will be confirmed no later than June 1.
These hours may be used later in the semester to compensate for any necessary time away. For example, if a student has to leave at 5:00 pm for an evening class, 30/45 minutes of training can be used as a filler.
For those who need a more flexible schedule, there is also now a partnership with Dekalb County so students can mediate there as well. The hours there are a bit different and has more flexibility.
Enrollment
This is a full academic year, two-semester workshop. Students must enroll in both the fall and spring semesters. Second and third-year students may apply. An in-person interview will be scheduled with the supervising attorney.
- Application Period: Resumes can be submitted through Symplicity at the same time externships accept resumes.
- Required Background Check: Upon acceptance, a criminal background check by the Georgia Office of Dispute Resolution will be conducted.
Class Times
- Students must be available to go to court from 12:30 to 5:30 p.m. or 12:45 to 5:45 p.m. Tuesday and Thursday afternoons.
- Weekly seminar sessions will take place at the courthouse during the semester.
*Last Updated Fall 2016
Law and Religion Practicum
ClassNumber: 5583; Catalog Number- 708, PRAC
Credits: 3 hours
Instructor(s): Prof. Goldfeder, Mark
Prerequisite: None
Grading Criteria: Ask Professor
Description: Ask Professor
*Last Updated Spring 2017
Class Number: 3704; Catalog Number- LAW 736A, 04A
Credit: 2 hours
Instructor(s): Prof. Kocher, Paula; Prof. Ghosh, Sudevi, & Prof. Baker, Glenn
Prerequisite: None
Grading Criteria: Based on a combination of attendance, classroom participation, and take-home exam/paper
Description: Law and public health are tightly intertwined. Law students can benefit from an improved understanding of the legal principles and laws underlying the complex and cross-disciplinary field of public health practice in the United States. This course surveys law as it defines public health and is used by local, state, and federal government agencies as a tool to address contemporary public health problems in the United States. The course features a cross-disciplinary emphasis on the link between both the law and science of public health practice. The course specifically addresses foundational sources for public health law in the United States, including constitutional, statutory, regulatory, and case law. In addition, this course provides an examination of controlling law and emerging legal issues associated with selected topics drawn from bioterrorism, natural disasters, and other public health emergencies; public health surveillance and outbreak investigations; public health research and health information; special populations (including, for example, persons with mental disabilities, prisoners, children, and homeless populations); and key public health topical areas, such as vaccination; food-borne diseases; tobacco use-related problems; and injuries. Topics are covered through a combination of lecture and classroom discussion of assigned readings. Readings are assigned from the required text, selected cases, and articles published in the medical, public health, and other scientific literature. In addition to the listed course instructors, other instructors will include a rich array of expert guest lecturers from the practice community.
*Last Updated Spring 2016
Class Number: 3883; Catalog Number- LAW 613A
Credit: 2 hours
Instructor(s): Prof. Fraher, Richard
Prerequisite: None
Grading Criteria: Attendance; Participation; & a Scheduled Final Exam
Description: This course will provide students with a foundational understanding of the public laws and regulations that structure the check and wire systems in the U.S. and the federal laws and regulations that overlay the automated clearing house network and the card networks that are structured by private sector rules that bind participants by agreement. By the end of the course, students will be familiar with Uniform Commercial Code Articles 3, 4, Regulation CC, UCC Article 4A, Regulation E, and the basics of the compliance regime established by the Bank Secrecy Act and the regulations of the Office of Foreign Asset Controls as they apply to payments. This legal learning will be placed in the context of the rapid pace of technological innovation, globalization, and the policy issues surrounding the transformation of payments systems.
Required Books & Materials: Ronald Mann, Payment Systems and Other Financial Transactions, 6th ed. (2016); any recent edition of Selected Commercial Transactions, ed. Chomsky, Kunz, Schiltz, and Tabb; online materials as specified.
- Class Number: 3813; Catalog Number- LAW 747, 12B (Terrell)
- Class Number: 3701; Catalog Number- LAW 747, 12A (Goldfeder)
STUDENTS CONSIDERING A LITIGATION FIELD PLACEMENT IN THEIR THIRD YEAR ARE STRONGLY ENCOURAGED TO TAKE LEGAL PROFESSION IN THEIR SECOND YEAR.
Credit: 3 hours
Instructor(s): Prof. Terrell, Tim & Prof. Goldfeder, Mark
Prerequisite: None
Grading Criteria: Participation & Scheduled Final Exam
Description: The rules and principles of professional ethics, other regulatory constraints on lawyers, the elements of malpractice liability and the values of professionalism. Study of the rules (primarily the ABA’s Model Rules of Professional Conduct) and deeper principles that govern the legal profession, including the nature and content of the attorney-client relationship, conflicts of interest, confidentiality, appropriate advocacy, client identity in business contexts, ethics in negotiation, and professionalism.
*Last Updated Spring 2018
Legal Profession: Comparing Lawyers & Physicians
*Note: This course will satisfy the Legal Profession Requirement for Graduation
Class Number: 5394; Catalog Number- LAW 747L, 001
Credit: 3 hours
Instructor(s): Prof. Sage, Bill
Prerequisite: None
Grading Criteria: Participation & Scheduled Final Exam
Description: Description: Modern professionals perform their duties in a rapidly changing world, subject to forces such as corporatization, consumerism, globalization, and the information revolution. This course takes a comparative approach to the professional responsibilities of American lawyers by contrasting legal and medical professionalism. After developing a theoretical framework for analyzing professional practice, the course explores the ethical, regulatory, and policy implications for both lawyers and physicians of organizational structures, scope of practice, compensation, representation and advocacy, confidentiality and communication with clients and patients, conflict of interest, access to professional services, competition involving professions, and professional malpractice and misconduct. The course will include study of the rules governing both professions (e.g., the ABA’s Model Rules of Professional Conduct and the AMA’s Code of Medical Ethics).
*Last Updated Spring 2018
Media Law
Class Number: 3816; Catalog Number- LAW 722, 001
Credit: 3 hours
Instructor(s): Prof. Counts, Cynthia
Prerequisite: None
Grading Criteria: Attendance & Participation (10%); Scheduled Final Exam or Writing Assignment(s) (90%).
Description: This class will explore legal issues that are particularly relevant to newspapers, radio and television stations, web operators, and bloggers. Topics include tort liability for defamation and invasion of privacy, prior restraint the right of the media and public to access government documents, right of the public to attend government proceedings and access to information, the protection of confidential sources, and use of copyrighted material in news broadcasts The course will also examine the legality of undercover reporting and the use of hidden cameras. The class will analyze and discuss the practical implications and these principles in real-world First Amendment and media cases that were recently litigated. In class discussions, students will identify, analyze, and critique the constitution, statutory, and common-law legal doctrines that apply to media law cases, and we will study how those doctrines originated, have evolved, and will continue to change. Among other things, students will analyze and discuss in depth key cases that show how the law and protections for the media have developed and will gain a greater understanding of how the law impacts news reporting today. In addition to the assigned reading, we will discuss current media and First Amendment cases that are raised in the news throughout the course of the semester. Your grade will be determined based on class participation and a take-home final exam which could be om the form of a writing assignment, such as drafting a memorandum of law in support of a motion.
*Last Updated Spring 2018
Mediation Advocacy
Note: **Short Course** Four weeks, Starting week of 1/10, with two 3-hour sessions each week, and one additional Friday afternoon session, during the four weeks.
Class Number: 3854; Catalog Number- LAW 606
Credit: 2 hours
Instructor(s): Prof. Gmurzyńska, Ewa
Prerequisite: None
Grading Criteria: Participation (50%); & Take-home Exam (50%)
Description: Mediation is an alternative dispute resolution (ADR) method that has become an essential part of legal systems. Its institutionalization, as well as widespread application - particularly in many civil cases - requires lawyers to have a practical and theoretical understanding of it. In Georgia, like a number of other states and federal courts, many cases are required to go to mediation before they go to trial. Mediation is also becoming a popular tool to resolve disputes in other countries, as well as in the international arena, particularly in commercial disputes, and thus it is becoming a universal method for the resolution of many types of conflicts. Mediation is also an important part of effective legal representation - requiring a problem-solving approach to conflicts.
The course will make students familiar with US mediation rules and processes, as well as the international legal framework and law of mediation, including in the European Union. Students will study mediation from a comparative perspective, including differences between court proceedings, arbitration, negotiation, and mediation, and with regard to the distinct role of a mediator, as opposed to a judge or arbitrator. The course will explore the mediation process from different perspectives - particularly parties, advocates, and mediators. During the course, students will discuss the use of mediation by lawyers, as well as the role of lawyers in mediation. Emphasis will be put on effective advocacy in mediation. Students will have an opportunity to practice effective communication skills and mediation role-playing. Teaching techniques including class discussion, presentation of video clips, skills exercises, and mediation role-playing will be utilized, which will require active participation by students.
*Last Updated Spring 2017
Mergers & Acquisitions
Class Number: 3829; Catalog Number- LAW 636A, GRAD; This is an online course and is only open to JM students.
Credit: 3 Hours
Instructor(s): Prof. Ahdieh, Robert
Prerequisite: None
Grading Criteria: Ask Prof.
Description: Mergers and Acquisitions is an essential course for students who are interested in the corporate law field. The course explores legal issues related to mergers and acquisitions. Topics covered include acquisition structures and mechanics, shareholder voting and appraisal rights, board fiduciary duties, federal securities laws requirements, anti-takeover defenses, tax issues, and antitrust considerations.
*Last Updated Spring 2017
Class Number: 3791; Catalog Number- LAW 652, 10A
Credit: 3 Hours
Instructor(s): Prof. Blank, Laurie
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: This course surveys the framework of domestic and international laws that authorize and restrain the pursuit of the U.S. government’s national security policies. Central issues include the sources, foundation and structure of national security law; the participants in the national security system, their constitutional roles, and the nature of power-sharing among branches of government; and the law applicable to specific national security issues such as the use of military force, the activities of the intelligence community, and counter-terrorism activities.
*Last Updated Spring 2018
National Security Law Workshop
Class Number: 5826; Catalog Number- LAW 652B, 002
Credit: 2 hours
Instructor(s): Profs. Blank, Laurie
Prerequisite: TBA
Enrollment: Limited to 6 Students! Must apply/seek permission from Professor
Grading Criteria: See Professor
Description: See Professor
*Last Updated Fall 2017
National Security: Counterterrorism
Class Number: 3904; Catalog Number- LAW 652A, OGP; This is an online course and is only open to JM students.
Credit: 3 Hours
Instructor(s): Prof. Ahdieh, Robert
Prerequisite: None
Grading Criteria: Ask Prof.
Description: National Security: Counterterrorism is an in-depth look at counterterrorism in the United States. Examines the competing conceptions and definitions of terrorism at the national level and the institutions and processes designed to execute the national security on terrorism. Includes the study of the balance between national security interests and civil liberties found in the following topical areas: relevant Supreme Court decisions, legislative provisions in response to acts of terrorism, operational counter-terrorism considerations (including targeted killing), intelligence gathering (including interrogations), policy recommendations, the use of military tribunals or civil courts in trying suspected terrorists, the emerging law regarding enemy combatants and their detention, and the arguable need for new self-defense doctrines at the global level.
*Last Updated Spring 2017
- Class Number: 3702; Catalog Number- LAW 656, 06A (Athans)
- Class Number: 3703; Catalog Number- LAW 656, 06B (Eldridge)
- Class Number: 3819; Catalog Number- LAW 656, 06C (Lytle-Perry)
Credit: 2 Hours
Instructor(s): Prof. Athans, Michael; Prof. Eldridge, David; & Prof. Lytle-Perry, Courtney
Prerequisite: None
Grading Criteria: Class preparation/participation and written assignment – No Exam
Note: COURSE NOT OPEN TO STUDENTS WHO HAVE TAKEN ALTERNATIVE DISPUTE RESOLUTION IN THE LAW SCHOOL OR NEGOTIATIONS IN THE BUSINESS SCHOOL
Description: This hands-on skills course will explore the theoretical and practical aspects of negotiating settlements in both a litigation and a transactional context. The objectives of the course will be to develop proficiency in a variety of negotiation techniques as well as a substantive knowledge of the theory and practice, or the art and science of negotiations. Each week during class, students will negotiate fictitious clients' positions, sometimes proceeded by a lecture and followed by critique and comparison of results with other students. Each problem will be designed to illustrate particular negotiation strategies as well as highlight selected professional and ethical issues. Preparation for class will include the development of a negotiation strategy, reflective written memoranda required.
*Last Updated Spring 2018
Class Number: 5399; Catalog Number- LAW 757, 001
Credit: 2 hours
Instructor(s): Prof. Morris, Nicole & Dr. Guldberg, Robert
Prerequisite: IP Survey or Patent Law (prereq or concurrently); Patent Bar Admission Preferred
Selection: https://emorylaw.wufoo.com/forms/preselection-for-pro-bono-in-practice/
Enrollment: Limited to 4 Students!
Grading Criteria: Ask Prof. Morris
Description: This course is a collaboration with Parker H. Petit Institute for Bioengineering & Bioscience (“IBB”) at Georgia Tech and it is a practicum course designed to acquaint students with many of the legal issues associated with obtaining an invention disclosure from inventors and preparing patent applications. These legal issues include novelty & non-obviousness requirements under the U.S. Patent & Trademark Office, understanding inventorship, the drafting of an invention disclosure and the inputs to prepare a patent application. The course will also provide students with a lawyering experiences working with inventors seeking assistance in preparing a patent application. Emory Law students will be paired with academic research teams from IBB who are preparing invention disclosures based on recent research results. The students and researchers will learn how the provisional patent application process can be applied to the researcher's results. The objective is to give participants an introduction to the legal problems they are likely to encounter during an invention disclosure discussion either as lawyers working with inventors as clients or in-house lawyers for an enterprise. Students will develop the client communication and interviewing skills during the invention disclosure process. At the conclusion of the course, students will be expected to produce a legal memo that the inventors can use in their respective intellectual property right pursuits. These memos will be confidential to the Emory and Georgia Tech institutions.
*Last Updated Spring 2018
Patent Practice and Procedure
Class Number: 5338; Catalog Number- LAW 756, 00B
Credit: 3 Hours
Instructor(s): Prof. Kirsch, Gregory
Prerequisite: IP & Patent Law
Grading Criteria: Ask Prof.
Description: This course introduces the students to the fundamentals of patent practice before the U.S. Patent Office (USPTO), by focusing on the drafting of patent claims, patent specifications and responses and amendments to Office Actions, as well as undertaking patent clearance studies. In addition to learning such skills, students will become familiar with the U.S. patent statutes, USPTO regulations, case law and customs and practice relating to drafting and pursuing patent applications to issuance through the Patent Office.
The course has two primary components: (1) lectures that introduce the students to the subject matter to be studied, and (2) practical skills-oriented homework and in-class exercises that will allow the students to hone their patent practice skills.
*Last Updated Spring 2016
Practical Lawyering Skills: Pro Bono in Practice Practicum
Class Number: 5778; Catalog Number- LAW 630A
Credit: 2 hours
Instructor(s): Prof. Babcock, Sarah
Prerequisite: Evidence (concurrently ok) & must become certified under Student Practice Act.
Selection: https://emorylaw.wufoo.com/forms/preselection-for-pro-bono-in-practice/
Enrollment: Limited to 12 Students!
Grading Criteria: See description below, second paragraph.
Description: This practicum will introduce students to the concept of using pro bono work to develop skills that can be leveraged for success in the private law firm context. Students will experience pro bono work as a “win-win” – they will see the impact for the clients served, and they will develop skills through the course and its' live lawyering experiences that will assist them in all areas of their future practice. The first section of the course will cover some of the ethical and professional reasons supporting pro bono work, as well as the “business case” for pro bono and common criticisms of modern pro bono practice. In the second section of the course, students will learn about the daily realities of poverty and the challenges those realities present to attorneys representing low-income clients, will develop their own “Best Practices for Pro Bono Practice,” and will use simulations to learn client management, communication, counseling, and interviewing skills. Finally, the last section of the course will include a mock client interview and two mock trials – eviction defense and temporary protective order (TPO) – in preparation for each student’s pro bono representation of an actual client in one of those areas (under supervision of an attorney).
This is a two-credit course, graded pass/fail. Evaluation will be based on each student’s “Best Practices for Pro Bono Practice,” in-class reflective activities, the live lawyering experiences (relying in part on evaluation submitted by the supervising attorneys), and a reflective essay on those experiences.
*Last Updated Spring 2018
Religion, Culture, and Law in Comparative Practice
Class Number: 3810; Catalog Number- LAW 711, 001
Credit: 2 hours
Instructor(s): Prof. Ludsin, Hallie
Prerequisites: None
Grading Criteria: Short Weekly Assignments & 24-hour Take-home Final Exam
Description: Debates rage worldwide over what role religion and culture should play in law and governance and whether granting them a role conflicts with democratic principles. Increasingly, religious and ethnic groups are demanding that religious and cultural practices form the basis of the legal system or, at the very least, a separate legal system governing only their members. Western policymakers are finding it difficult to respond to these claims. While they see them as possibly antithetical to the principles of tolerance and equality built into liberal democratic theory, there is something uncomfortable about rejecting these demands when they come from a majority of a population or from a minority group that has suffered severe discrimination. This course will explore the issues that arise in the debates about the appropriate role for religion and culture in democratic governance. It will examine different models for incorporating religion and culture into law as well as at models that wholly reject this incorporation using case studies from the US, Europe, Asia, and Africa.
*Last Updated Spring 2018
Remedies
Class Number: 5339; Catalog Number- LAW 741, 00D
Credit: 3 Hours
Instructor(s): Prof. Partlett, David
Prerequisite: None
Grading Criteria: Scheduled Final Exam
Description: Rights in tort, contract, and constitutional law are enforced in court. Whether the remedies that enforce rights are part of the substantive right or supplementary to it, remedies are theoretical and practically essential in understanding, and being fully equipped to practice in, both private and public law. This course will cover legal and equitable remedies. Restitution and monetary damages (including the "rightful position" principle, consequential damages, and damages for dignitary and constitutional harms) form the core, while injunctions – preventive, reparative, and structural – supplement remedies with which students will be familiar from courses in torts, contracts, property, and constitutional law. Other topics will include declarative judgments, contempt, and attorneys' fees, which are necessary to understanding the power of the courts to deliver justice. Reference will be made to the scope of self-help and apology, and similar non-monetary relief.
*Last Updated Spring 2015
Secured Transactions
Class Number: 3795; Catalog Number- LAW 713, 10A
Class Number: 5361; Catalog Number- LAW 713, GRAD; This is an online course and is only open to JM students.
Credit: 3 Hours (1 hour- GRAD)
Instructor: Prof. Pardo, Rafael & Ahdieh, Robert (GRAD Section)
Prerequisite(s): None
Grading Criteria: Participation & Scheduled Final Exam
Description: This course will examine the law relating to the creation, perfection, and enforcement of security interests in personal property. Reading and class discussion will center on Article 9 of the Uniform Commercial Code and will include an introduction to the intersection of Article 9 with the federal bankruptcy laws, the creation and status of non-UCC liens on personal property (by operation of law or by execution of a judgment, e.g.), and non-UCC enforcement mechanisms, such as foreclosure, repossession, and garnishment. Attention will also be paid to the business context within which Article 9 operates, ie, debt financing.
(GRAD) Description: Secured Transactions is a study of personal and commercial financing by loans and credit sales under agreements creating security interests in the debtors’ personal property (Article 9 of the UCC and relevant provisions of the Bankruptcy Code).
*Last Updated Spring 2018
Class Number: 3792; Catalog Number- LAW 673, 06A
Credit: 3 Hours
Instructor(s): Prof. Terry, Bob
Prerequisite: None
Grading Criteria: Participation & Scheduled Final Exam
Description: This course is intended to be a follow-up course to the Securities Regulation course, which covers registration of new securities issues, disclosure and anti-fraud issues, and the coverage of securities laws. This course approaches securities regulation of the standpoint of the intermediaries between the issuers and purchaser, broker-dealers, and investment advisers. It is intended to provide an academic foundation of relevant law, as well as practical information also relevant to a law practice in the area.
Much of the course will focus on the regulatory scheme and activities of the Financial Industry Regulatory Authority (FINRA), a self-regulatory body which is the principal day-to-day regulator of the broker-dealer industry. FINRA is the entity with which most broker-dealers and their counsel will typically interact with regard to most regulatory matters.
In addition, the course will look at investment advisers, a rapidly growing piece of the securities industry. An investment adviser is regulated either by the SEC or by state regulators, depending upon its size. Investment advisers are subject to a completely separate regulatory regime, although there are many examples of overlap with broker-dealer regulatory issues since many firms, or their affiliates, are dually registered.
The interplay between the two regulatory schemes has been the focus of much discussion and legislative and regulatory activity over the past fifteen years, including several parts of the Dodd-Frank Act.
Finally, the course will provide insight into practical considerations of regulatory interaction, in both routine settings as well as enforcement matters.
In addition to private practice, graduating students with an interest in securities might find opportunities with brokerage firms, regulators, and public corporations. The combination of the Securities Regulation course and this course should provide graduating students a thorough overview of most of the issues they might see if they enter into a securities-related practice.
*Last Updated Spring 2018
Class Number: 3729; Catalog Number- LAW 892, 04A
Note: OPEN TO TI:GER STUDENTS ONLY. PROFESSOR PERMISSION REQUIRED.
Credit: 3 Hours
Instructor(s): Prof. Morris, Nicole
Prerequisite: None
Grading Criteria: Participation
Description: Special Topics in Technology Commercialization provides students with an opportunity to apply what has been learned in the Fundamentals of Innovation I and II courses. Students will work in the teams formed during the first year to continue work on the PhD team member’s technology. Students will also work on a project with the Advanced Technology Development Center (commonly known as ATDC) or Venture Lab.
*Last Updated Spring 2017
Class Number: 3862; Catalog Number- LAW 696; This is an online course and is only open to JM students.
Credit: 3 Hours
Instructor(s): Prof. Ahdieh, Robert
Prerequisite(s): None
Grading Criteria: TBA
Description: Sports Law considers issues in both intercollegiate and professional sports with an emphasis on constitutional law; tort and criminal law; antitrust, labor law, and other issues of law in the field of sports, such as considerations of Title IX, drug testing, violence, and the role of agents.
*Last Updated Spring 2017
Class Number: 3772; Catalog Number- LAW 641, 04A
Credit: 2 Hours
Instructor(s): Prof. Craft, Shannon (Loechel)
Prerequisite: Fundamentals of Income Tax
Grading: Mid-Semester Paper & Scheduled Final Exam
Description: This course will focus on the resolution of federal tax controversies through both administrative procedures and litigation. Specifically, we will consider filing requirements, audit procedures, administrative appeals, deficiencies, assessments, including termination and jeopardy assessments, penalties, interest, and the statute of limitations. Additionally, we will take a practical approach to problems and considerations arising in the litigation of cases before the U.S. Tax Court, District Court, and the Court of Federal Claims, including jurisdictional, procedural, and evidentiary issues. We will examine the choice of forum, pleadings, discovery, privileges, and tax trial practice. Finally, we will discuss summons enforcement litigation, civil collection, levy and distraint, and the tax lien and its priorities.
*Last Updated Spring 2018
The Professional Narrative in Practice
Class Number: 3833; Catalog Number- LAW 574X, SP18
Credit: 1 hour
Instructor(s): Prof. Soto, Ragi & Prof. Yates, Greg
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
Topics and Strategies in Civil Litigation
Class Number: 5396; Catalog Number- LAW 750, 001
Credit: 2 Hours
Instructor(s): Prof. Zwier, Paul
Prerequisite: Ask Prof.
Grading Criteria: Ask Prof.
Description: Ask Prof.
*Last Updated Spring 2018
Transnational Criminal Litigation Practice
Class Number: 3877; Catalog Number- LAW 732C
Credit: 2 Hours
Instructor(s): Prof. Ramirez, Shannon & Prof. Pearce, Brian
Prerequisite: None. (Criminal Law is highly recommended)
Grading Criteria: Participation & Final Paper
Description: Transnational criminal litigation describes the intersection of two or more domestic criminal justice systems across international borders—unlike international crime, which refers to wrongs that are criminalized under international law and sometimes tried by international tribunals, whether or not they are also criminalized in states’ domestic laws.We will examine the fundamental concepts and principles of domestic criminal law in the United States occurring across national boundaries and apply this knowledge to current problems.Topics covered include:extradition and rendition,extraterritorial application of the United States criminal law on matters such as public corruption and human trafficking, cross-border evidence-gathering, counterterrorism, special jurisdiction treaties, and immunities.This practical course will enable you to respond to issues in the news today, such as Turkey’s request to extradite cleric Fethullah Gulen or Julian Assange’s fear of rendition and prosecution for the activities of WikiLeaks.
*Last Updated Spring 2018
Trial Techniques
Class Number: 3734; Catalog Number- LAW 671
Credit: 2 Hours
Instructor(s): Prof. Ginsberg, Mike and Prof. Lott, Rhani
Note: This course is required for all 2L Students. Also, students will meet with their teams/groups on the following dates: February 2, February 23, March 2, and March 23 from 1:30 pm to 4:30 pm. DO NOT register for a conflicting class!
Description: The Kessler-Eidson Trial Techniques Program is a required course that focuses on integrating knowledge of substantive evidence with practical trial skills through a "learn-by-doing” format. Trial experience is supplemented by a textbook, lectures, and discussions. Students will develop theories for particular witness examinations, decide on appropriate approaches to bring out the facts consistent with their theories, prepare witnesses, and conduct direct and cross-examinations using current courtroom technology in the use of exhibits.
The program consists of two sessions:
- Spring Semester: Friday afternoon preparatory workshops at downtown Atlanta law firms and public law offices. Students work closely with experienced trial lawyers in groups as small as six to eight students per trial instructor.
- May Session (May 5-11): Emory Law hosts 80 nationally known trial lawyers, judges, and trial teachers who bring their different styles and regional perspectives to aid in students’ growth and development as advocates, resulting in an 8 to 1 student/trial instructor ratio. The May session includes seven days of intensive workshops on trial techniques, during which each student will conduct a Daubert Hearing and try a jury trial.
Pedagogical Goals
- Integrate case analysis and relevance to provide an improved understanding of each and their critical relationship to one another.
- Teach hearsay and character evidence concepts in the context of direct and cross-examination.
- 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.
- Develop a greater sensitivity for the understanding of audience and the relationship to the development of theories and themes through jury voir dire exercises.
- Strengthen the art of persuasiveness in the presentation of evidence through exercises that familiarize and build confidence in the use of technology to display exhibits.
Absences
Attendance throughout the program is MANDATORY and program sessions cannot be missed without an excused absence. Excused absences will not be granted for the hearing or trial day during the May session, May 8 and 11, as you must serve on those days either as trial counsel or as a witness. An excused absence cannot exceed more than 4 hours of class time (either one spring semester workshop or half a day during the intensive May session).Any unexcused absence or more than one excused absence may result in students receiving a grade of incomplete in the program and repetition of all or a portion of the program may be required the following year.
*Last Updated Spring 2018
Turner Environmental Law Clinic
Class Number: 3731; Catalog Number- LAW 697C
Credit: 3 hours
Instructor(s): Prof. Goldstein, Mindy
Prerequisite: Environmental Advocacy (Prerequisite or Co-requisite)
Grading Criteria: Based on individual student performance on various projects assigned.
Description: The Turner Environmental Law Clinic provides important pro bono legal representation to individuals, community groups, and nonprofit organizations that seek to protect and restore the natural environment for the benefit of the public. Through its work, the clinic offers students an intense, hands-on introduction to environmental law and trains the next generation of environmental attorneys.
Each year, the Turner Environmental Law Clinic provides over 4,000 hours of pro bono legal representation. The key matters occupying our current docket – fighting for clean and sustainable energy; promoting sustainable agriculture and urban farming; and protecting our water, natural resources, and coastal communities—are among the most critical issues for our state, region, and nation. The Clinic’s students benefit and learn from immersion in these real-world complex environmental representations.
*Last Updated Spring 2016
Water Resources Law
Class Number: 5345; Catalog Number- LAW 617
Credit: 3 Hours
Instructor(s): Prof. Thompson, Andrew & Prof. Moore, David
Prerequisite: None
Grading Criteria: Participation; Take-home projects; & Scheduled Final Exam
Description: This course will explore various themes common in the practice of environmental and natural resources law, including administrative and civil litigation, permitting, and regulatory development, focusing in the area of water as a resource and water pollution control. The class will cover concepts in the traditional riparian and prior appropriation rights; the federal Clean Water Act permitting program; drinking water, coastal and wetland protection programs; transboundary water disputes; as well as the environmental and natural resource problems concerning water quality protection. Both the statutory language and theoretical application of the issues will be explored with a particular emphasis on the litigation of water issues.
Judicial Opinion Writing: Writing for the Judicial Chambers
Class Number: 3820; Catalog Number- LAW 649
Credit: 2 Hours
Instructor(s): Prof. Parrish, Robert
Prerequisite: None
Grading Criteria: Paper (Does not satisfy Writing Requirement)
Description: This course will introduce students to the process and practicalities of writing within the context of serving as an appellate court judicial clerk. The course will explore many topics through assigned readings and class discussion including: the shifting tone from that of an advocate to that of a decision maker; how the drafting and editing responsibilities are divided between judge and clerk; the ways in which race, gender, religion, past legal background affect judicial decision making; as well as the nuts and bolts of the judicial opinion writing process.
Students will apply what is learned in class to write three pieces during the semester—all within the context of working within an appellate judicial chamber. During the course of the semester, students will write a bench memo, a majority opinion, and a dissenting opinion, which shall be based on the briefs and record in an assigned case. Thus, those seeking to learn more about the work of judicial clerks or interested in pursuing a clerkship after graduation will get a working familiarity of the unique work and experience of writing within a judicial chamber.
*Last Updated Spring 2016
SEMINAR: Animal Law
Class Number: 5340; Catalog Number- LAW 837
Credit: 3 Hours
Instructor(s): Prof. Satz, Ani
Grading Criteria: Paper (Satisfies Upper-Level Writing Requirement)
Prerequisite: None
Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/
Enrollment: 16
Description: Animal law is a burgeoning field. Over 135 law schools in North America offer courses in animal law, six specialty journals are devoted to the topic, and at least one poll indicates a career in the area is in the top seven of all desired careers. Whether it is our clothing, food, household products, companions, or back yards, our daily lives are touched by animals. Nonhuman animals are considered property under law, and a sprawling body of federal and state civil and criminal law regulates human use of them.
This seminar will explore our legal and ethical obligations to nonhuman animals, focusing on domestic animals. Selected topics may include: conceptions of animals, standing, companion animal abuse, breed discrimination, exotic pets and public health, veterinary malpractice, farm animals, hunted and poached animals, exhibited animals, service and emotional support animals, police and military dogs, exhibited and entertainment animals, laboratory animals, animals used for fiber and medicine, animals and religious freedom, and animal trusts and custody.
*Last Updated Spring 2018
Class Number: 3856; Catalog Number- LAW 811
Credit: 3 Hours
Instructor(s): Prof. Brown, Dorothy
Grading Criteria: Participation & Paper (Satisfies Upper-Level Writing Requirement)
Prerequisite: Completion of 1st Year of law school
Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/
Enrollment: Limited to 15 Students!
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. Each student participant will be required to take the Implicit Association Test on Race prior to the first class.
*Last Updated Spring 2018
Seminar: Criminalization of Poverty
Class Number: 5393; Catalog Number- LAW 834
Credit: 3 hours
Instructor(s): Prof. Smith, Fred
Grading Criteria: Paper (Satisfies UpperLevel Writing Requirement)
Prerequisite: None
Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/
Description: This seminar will explore lawsuits in which the core claim is that a plaintiff's lack of wealth is the cause of her detention or punishment. Students will read pleadings, opinions, and supporting materials from cases challenging: (1) rigid bail schedules; (2) aggressive collection of fees and fines; and (3) regimes in which a core actor purportedly has a pecuniary interest in a plaintiff's incarceration, punishment, or conviction. The seminar will expose students to a mix of substantive and procedural law. Substantively, students will learn about the ways that wealth classifications interact with the Equal Protection and Due Process Clauses. Procedurally, students will gain exposure to doctrines such as abstention, qualified immunity, sovereign immunity, and Section 1983.
*Last Updated Spring 2018
SEMINAR: Equality and the 14th Amendment
Class Number: 5304; Catalog Number- LAW 825
Credit: 3 hours
Instructor(s): Prof. Woodhouse, Barbara
Pre-requisite: Constitutional Law
Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/
Grading Criteria: Class Participation & Final Research Paper (Satisfies Upper-Level Writing Requirement)
Description: This seminar will explore the history of the 14th Amendment’s equal protection clause, and how changing political and social understandings of equality have shaped U.S. constitutional doctrine, and have played out in contemporary law and society. We will discuss assigned historical, legal and social science readings and students will research and present a paper on topic of their choice implicating issues of equality and exploring the persistence and effects of inequality. Papers will be eligible for writing credit.
SEMINAR: Family Law- From Partners to Parents
Class Number: 5342; Catalog Number- LAW 823, 00E
Credit: 3 Hours
Instructor(s): Prof. Fineman, Martha
Prerequisite: None
Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/
Grading: Paper (Satisfies UpperLevel Writing Requirement)
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: First Amendment- Free Speech
Class Number: 5443; Catalog Number- LAW 814, 02A
Credits: 3 hours
Instructor(s): Prof. Kang, Michael
Prerequisite: None
Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/
Grading: Participation & Written Papers (Satisfies UpperLevel Writing Requirement)
Enrollment: Limited to 14 Students!
Description: Ask Prof.
*Last Updated Spring 2018
SEMINAR: International Environmental Law
ClassNumber: 5343; Catalog Number- LAW 843, 00F
Credit: 3 hours
Instructor(s): Prof. Samandari, Atieno
Prerequisite: None
Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/
Grading Criteria: Participation & Seminar Paper (Satisfies Upper-Level Writing Requirement)
Enrollment: Limited to 16 Students!
Description: This seminar will examine the development of international environmental law (IEL), focusing on the major areas of global environmental protection including climate change and biodiversity loss. The course will analyze the theoretical underpinnings of the regime, including sustainable development, the “polluter pays” principle, precaution, and vulnerability among others and also examine social justice aspects of environmental interventions. The aim will be to understand the current trajectory of international environmental law and discuss possible frontier approaches that can advance global cooperation for conserving and protecting Earth’s environment.
*Last Updated Spring 2018
SEMINAR: Law and Vulnerability
Class Number: 5344; Catalog Number- LAW 833, 00D
Credit: 3 Hours
Instructor(s): Prof. Fineman, Martha & Prof. Samandari, Atieno
Grading Criteria: Paper (Satisfies Upper-Level Writing Requirement)
Prerequisite: None
Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-fall-2016-seminar-preselection/
Enrollment: Limited to 16 students!
Description: This seminar explores the relationship between law and vulnerability from both a theoretical and a practical perspective. The course is anchored in the understanding that fundamental to our shared humanity is our shared vulnerability, which is universal and constant and inherent in the human condition. It will offer students an opportunity to engage with multiple perspectives on vulnerability, with an emphasis on law, justice, state policy and legislative ethics. While vulnerability can never be eliminated, society through its institutions confers certain "assets" or resources, such as wealth, health, education, family relationships, and marketable skills on individuals and groups. These assets give individuals "resilience" in the face of their vulnerability. This seminar will explore how a society now is structured, however, certain individuals and groups operate from positions of entrenched advantage or privilege, while others are disadvantaged in ways that seem to be invisible as we engage in law and policy discussions.
*Last Updated Spring 2016
SEMINAR: Markets for Law
Class Number: 3806; Catalog Number- LAW 824, 02A
Credit: 3 Hours
Instructor(s): Prof. Ahdieh, Robert
Prerequisite: None
Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/
Enrollment: Limted to 14 students!
Grading Criteria: Paper (Satisfies Upper-Level Writing Requirement).
Description: This seminar – which may be of particular appeal to students interested corporate and securities law, environmental law, health law, family law, and other areas characterized by a mix of federal and state law – will explore the unusual dynamic that emerges when multiple jurisdictions compete to produce legal rules. By contrast with our conventional notions of how law is created, the development of law in these settings takes place through a “market” of sorts. As one writer has described it, the law is a “product” in these settings: a good to be priced, bought, and sold. Corporate law – given the centrality of jurisdictional competition to understanding and practicing it today – will serve as our case study. Through relevant readings and your papers’ analysis of jurisdictional competition in your own areas of interest, however – from environmental law to family law, health law to banking law, and criminal law to corporate/securities law – we will seek to understand the nature and the wisdom of markets for law more generally.
*Last Updated Spring 2018
Class Number: 5341; Catalog Number- LAW 806A
Credit: 3 Hours
Instructor(s): Prof. Van der Vyver, Johan
Grading Criteria: Paper (Satisfies Upper-Level Writing Requirement)
Prerequisite: None
Pre-selection form: https://emorylaw.wufoo.com/forms/lsr-spring-2018-seminar-preselection/
Enrollment: Limited to 14 Students!
Description: For many years now, the international community of states has attempted to place an embargo on the use of force as a means of settling international disputes. Article 2(3) of the Charter of the United Nations thus provides: “All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.” The UN Charter authorized military action in two instances only, namely (a) if the Security Council authorizes an armed intervention as a means of counteracting a situation that constitutes a threat to the peace, a breach of the peace, or an act of aggression (art. 42), and (b) as a matter of individual or collective self-defense if an armed attack occurs against a Member of the United Nations (art. 51). This raises the question whether or not the UN Charter deals comprehensively with instances of armed conflicts that would be lawful under contemporary rules of international humanitarian law.
The United Nations itself recognized armed interventions not mentioned in the UN Charter, for example in the Uniting for Peace Resolution of 1950 affording to the General Assembly the competence to authorize military action to counteract a breach of the peace or an act of aggression, by supporting wars of liberation against colonial rule, foreign occupation, or a racist regime, and by extending the provisions of Article 51 to legalize pre-emptive self-defense action. There is furthermore overwhelming support for upholding the legality of humanitarian intervention to protect a population from acts of supreme repression by their own government. Currently, the ISIS crisis has prompted the development of an emerging norm of jus ad bellum which contemplates the legality of an armed intervention against perpetrators of terrorism if the Government of the State from which those acts of terror violence are being launched is either unwilling or unable to counteract the atrocities.
In laboring the above principles of law, reference will be made to (a) armed interventions authorized by the Security Council (the Korean War, Operation Desert Storm and airstrikes in Libya,); instances of humanitarian interventions (NATO airstrikes in Serbia, and military interventions in Syria contemplated by France, the United Kingdom, and the United States following the use of chemical weapons by the Syrian Government against rebel groups in that country); and acts of aggression committed by the United States (in Nicaragua in the 1980’s pursuant to the Reagan Doctrine, and the Gulf War of 2003), and by the Russian Federation (in Georgia and in Ukraine).
A special emphasis of the seminar is the current state of affairs relating to the prosecution of the crime of aggression in the International Criminal Court.
Students are required to submit a 30-page essay on an approved topic within the confines of the seminar focus. The final draft must be handed in on before April 11.
Textbook: Johan D. van der Vyver, Acts of Aggression and Prosecuting the Crime of Aggression (2015).
*Last Updated Spring 2018