Jun 03, 2024

Graduate Record 2008-2009

Graduate Record 2008-2009 [ARCHIVED RECORD]

Course Descriptions

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Law
	LAW3 620 - Commercial Law: Sales and Sales Finance This is a core course in the area of commercial law. The law of sales builds upon the first-year courses in contracts and property. The law governing the sale of goods is found primarily in Article 2 of the UCC, but also in the rules governing international trade, which is a rapidly growing area. In this course we will focus on the basic principles of sales law, including the rights of creditors, owners and purchasers; warranties of title and quality (breach of warranty by a seller is a form of “product liability” where the damages are economic rather than personal injury); performance stage controversies and remedies of buyers and sellers; methods of payment in exchange for goods; and the financing of sales transactions, both domestically and internationally. Credits: 3
	LAW3 621 - Secured Transactions This course will cover the essential provisions and structure of Revised Article 9 of the Uniform Commercial Code. The law of secured transactions facilitates the taking of security interests by creditors to secure loans they make to debtors. Unlike a creditor who asserts a common law contract claim only, the secured creditor potentially has a right to seek payment on his contract claim by directly seizing certain agreed upon items of debtor’s property that serve as collateral for the creditor’s loan. Among the issues covered in this course are how creditors receive security interests in debtor’s property (“the attachment” process); how they obtain priority over competing creditors asserting interests in the same collateral (the “perfection” process); how creditors maintain security interests in collateral transferred by the debtor, acquired by the debtor, and acquired by debtor after debtor’s name or corporate status changes; and how creditors maintain security interests in proceeds of collateral. The course aims to provide students with knowledge of the Code sufficient to enable them to structure secured transactions and litigate secured claims successfully. The course is taught with an emphasis on Code mastery, while underscoring the policy objectives and business contexts relevant to secured transactions generally. Credits: 3
	LAW3 623 - Bankruptcy This course will explore in detail some of the legal, theoretical, and practical issues raised by a debtor’s financial distress. Principal emphasis will be on how the Federal Bankruptcy Code uses or displaces otherwise applicable law as the provider of rules that govern the relationships among debtors, creditors, and others. Credits: 3
	LAW3 626 - Nonprofit Organizations The course surveys the role of nonprofits, reasons for use of the nonprofit form, and the different types of nonprofit organizations, with particular attention to the statutes governing nonprofit corporations. The course examines the formation, dissolution, and governance of nonprofits, considers state regulation of charitable solicitations, and analyzes tax and tax policy issues related to nonprofits. Credits: 3
	LAW3 627 - Complex Civil Litigation This course will address the dramatic expansion of civil litigation in our society in recent years, and the accompanying development of new and often innovative procedural mechanisms for coping with that expansion. The class action will be given primary attention; other topics will include discovery, judicial control of complex cases, trial, and preclusion. The professional and social context of this type of litigation will be emphasized. The course would be particularly useful to students interested in litigation concerning products liability, securities regulation, and civil rights. Credits: 3
	LAW3 628 - Constitutional History II: From Reconstruction to Brown This course examines, from an historical perspective, constitutional developments from the enactment of the Civil War amendments to the Brown decision involving school desegregation. The emphasis is on the historical perspective and the integration of social and political history with legal developments. Some of the issues addressed include: the enactment and early judicial interpretation of the Civil War amendments, the rise and demise of the Lochner era, the Court-packing crisis, the origins of the modern judicial concern with civil rights and civil liberties (including rights of free speech, criminal procedure, and free exercise of religion), and the Brown decision. In addition to placing constitutional developments into their broader historical perspective, the course focuses on the consequences of Supreme Court decision making and how influential were particular Court rulings at transforming social reality. Credits: 3
	LAW3 629 - Comparative Constitutional Law Recent years have seen a renaissance of an interest in the comparative possibilities of constitutional law. Just as framers of liberal constitutions 200 years ago were influenced by events in France and America, so constitution-makers in post-communist Central and Eastern Europe, South Africa, and elsewhere have pondered the experience of more established constitutional democracies in framing their fundamental laws. The seminar will explore the issues entailed in the drafting and uses of a constitution. To what extent do constitutions reflect universal values (such as human rights), and to what extent are they grounded in the culture and values of a particular people? How much borrowing goes on in the writing of a constitution? In particular, in what respects do the U.S. Constitution and American constitutionalism serve as models for newer democracies? What are the historical, cultural, political, and economic contexts necessary to the success of liberal constitutional democracy? Prerequisites & Notes Prerequisite: Constitutional Law or instructor permission. Credits: 3
	LAW3 631 - Constitutional Law II: Church and State This course examines the two clauses in the Bill of Rights which define and safeguard religious freedom—the one barring laws “respecting an establishment of religion” and the other protecting the “free exercise of religion.” The interaction of these two provisions takes place in varied settings, from public school classrooms and assemblies to government support of church-related schools, to religious symbols and seasonal displays on public property. Tensions also arise in such special contexts as prisons, health care, the military, and government benefit programs. Prerequisites & Notes Prerequisite: Constitutional Law. Credits: 3
	LAW3 634 - Constitutional Law II: Freedom of Speech and Press This course offers an intensive, albeit introductory, study of First Amendment law relating to freedom of speech and press (and corollary freedoms, such as freedom of political association). In addition to learning about and discussing a variety of theoretical/philosophical perspectives, we will study the many specific First Amendment doctrines that have developed since the Court became active in the area during and after World War I, starting with the clear and present danger test relating to seditious speech and proceeding on to such topics as defamation, commercial speech, “low value” speech, obscenity, child pornography, and hate speech. We will study the gamut of First Amendment methodologies such as overbreadth, vagueness, the rule against prior restraints, and the prohibition on content regulation. We will also study a variety of context-specific issues, such as campaign finance regulation, access to the public forum, and broadcasting. Prerequisites & Notes Prerequisite: Constitutional Law. Credits: 3
	LAW3 637 - Constitutionalism: History and Jurisprudence Efforts to write new constitutions and to nurture the rule of law in such places as post-communist Central and Eastern Europe, South Africa, Iraq, and elsewhere have brought heightened interest in the modes of constitution-making and constitutional thought. This course focuses on various ways of thinking about constitutions and constitutionalism—as a restatement of ancient right (the tradition associated with England’s Magna Carta), as being based upon a social compact (as in the thinking of John Locke), as reflecting community values, etc. In developing ways of looking at constitutions, we will draw in part upon the various schools of jurisprudence (natural law, historical jurisprudence, etc.) as well as upon historical sources. We will pay particular attention to the founding period in the United States, as well as to important moments in the history of constitutionalism elsewhere (the French Revolution, etc.). Prerequisites & Notes Prerequisite: Constitutional Law useful, but not required. Credits: 3
	LAW3 639 - Corporate Tax This course deals with the tax considerations involved in the formation, operation, reorganization, and liquidation of corporations. It analyzes the relevant sections of the Internal Revenue Code and regulations and explores alternative directions that the law might have taken. From policy and practical perspectives, the course examines the tensions between large and small businesses, corporations and individuals, managers and shareholders, profitable and unprofitable enterprises, and tax avoiders and the government. Prerequisites & Notes Prerequisite: Federal Income Tax. Credits: 3
	LAW3 640 - Corporate Finance This course is the second half of the combined four-credit Accounting/Corporate Finance course. This course takes a financial and economic perspective of the corporation. The central theme is understanding the sources of value for the firm from the perspective of the manager who must make financing choices (sources of funds) and investment choices (uses of funds) to maximize the value of the firm. The major topics of the course include: time value of money, discounted cash-flow analysis, capital markets, market efficiency, cost of capital, capital structure theory and practice, capital budgeting decisions, and firm valuation. Prerequisites & Notes Prerequisite: Accounting: Understanding and Analyzing Financial Statements or equivalent undergraduate, graduate or practical training. Credits: 2
	LAW3 641 - Corporations This course considers the formation and operation of corporations and compares corporations to other business forms. It examines the roles and duties of those who control businesses and the power of investors to influence and litigate against those in control. The course also addresses the special problems of closely held corporations and issues arising out of mergers and attempts to acquire firms. The course uses both new tools derived from the corporate finance and related literature and traditional tools to explore a wide range of phenomena and transactions associated with the modern business enterprise. Credits: 4
	LAW3 642 - Criminal Adjudication This course looks at the way the judicial system operates once criminal charges are filed. Topics include bail and preventive detention, the right to the effective assistance of counsel, prosecutorial discretion and plea bargaining, the right to trial by jury, appeals from criminal convictions, and habeas corpus review. Although the course will examine several important federal statutes and procedural rules, the primary focus will be on the constitutional constraints applicable to the criminal justice system. Credits: 3
	LAW3 644 - Criminal Investigation This course examines the constitutional jurisprudence that regulates the government’s investigation of crime and apprehension of criminal suspects. In particular, the course will focus on the doctrines by which the judiciary polices the police, including the primary remedy (suppression of evidence) for police misconduct. The readings for the course are decisions by the U.S. Supreme Court that announce and refine the law of searches and seizures, the rules governing police interrogations and confessions, and the scope of the Fifth Amendment privilege against self-incrimination. With respect to these topics, we will evaluate the basic doctrine, explore underlying constitutional themes, and ponder the application of the rules by police officers investigating particular crimes. Credits: 3
	LAW3 646 - Employment Law or Employment Law: Contracts, Torts, and Statutes In contrast to the traditional labor law course, this course is an introduction to the diverse body of law that governs the individual employment relationship. The course examines a selection of the important issues that employment lawyers face in practice. Although coverage varies somewhat from year to year, such topics as contract and tort protections against discharge, trade secrets and non-competition clauses, ERISA, vicarious liability, alternative dispute resolution, and wage and hour laws such as the FLSA may be considered. Also discussed may be other topics in this exceptionally broad field, including FMLA, COBRA, WARN, OSHA, UI, and workers’ compensation. Credits: 3
	LAW3 647 - Employment Discrimination This course will focus upon the principal federal statutes prohibiting discrimination in employment on the basis of race or sex, especially Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. It will also examine the federal constitutional law of racial and sexual discrimination, primarily as it affects judicial interpretation of the preceding statutes. Credits: 3
	LAW3 648 - Intellectual Property: Copyright In this course we study the federal copyright statute, which protects rights in literary and artistic property. Some of the specific topics we will cover are: the subject matter of copyright; ownership; formalities; duration and transfer; infringement (including secondary liability); fair use; copyright protection of computer software; database protection; the propriety of reverse engineering of copyrighted computer programs; peer-to-peer file sharing (e.g., Grokster); rights and remedies of copyright owners; and pre-emption of state copyright laws. Limited coverage will also be given to the Digital Millennium Copyright Act of 1998 and its effects on both technological protection of copyrighted works and the Internet (such as the rights and duties of Internet access providers). Prerequisites & Notes Prerequisite: Property Credits: 3
	LAW3 650 - Contemporary Political Theory This course provides the analytic tools for understanding the structure and role of political philosophy in normative debate. Explored are the foundations of contemporary liberalism as it finds expression in the work of John Rawls. At least half of the course ise devoted to understanding Rawls’ liberal theory of the state. The remaining portion of the course is devoted to a number of critiques and alternatives to liberalism. Among the authors discussed are Ronald Dworkin, Will Kymlicka, Thomas Nagel, Robert Nozick, Susan Okin, John Rawls, Michael Sandel, and R. P. Wolff. Credits: 3
	LAW3 651 - Environmental Law I The environmental movement of the last several decades has produced a complicated array of laws that continue to evolve. Environmental Law I and II are designed to give students a grasp of those laws, the policies that underlie them, and the legal practice that has grown up around them. In Environmental Law I, we address pollution control under the Clean Air and Clean Water Acts as well as natural resource protection under the National Environmental Policy Act and Endangered Species Act. Although the primary focus will be on federal law, we will also explore some local, state and international dimensions. The materials and class discussions will seek to illuminate current regulation of key environmental media and likely future developments such as increased use of emissions trading and information-based strategies. Our inquiry will include attention to the interactions among key players—e.g., industry, agriculture, NGOs, courts, Congress, agencies and departments—in the development and application of the law. Credits: 3
	LAW3 652 - European Legal Systems This course will trace the development of European legal systems and methods from Roman law (the classical Roman jurists’ law of torts and contracts as transmitted in “Justinian’s Digest”) to modern civil codes (Austrian, French, German, Swiss, Dutch). It will include a study of contemporary scholarly doctrine and jurisprudence of the courts. The course will also examine the ongoing harmonization of private law in the European Union. Credits: 2
	LAW3 653 - Evidence A working knowledge of the law of evidence is critical to any practicing lawyer. Litigators, of course, must be able to operate efficiently and comfortably in a milieu framed in large measure by the rules of evidence and must know how to employ those rules to further the interests of their clients. Lawyers who never enter a courtroom must also understand these rules, for the drafting of legal documents and the consummation of business transactions must be done with an eye to what facts can later be established, if necessary, and issues of privilege arise on virtually a daily basis in almost any kind of law practice. The law of evidence is more than a set of rules to be assimilated, however; it is a dynamic which is inseparable from the context in which evidentiary questions arise. The course will cover questions of relevance, hearsay, privilege, and expert testimony, among others, and it will focus largely on problems arising in concrete factual settings, as opposed to traditional case analysis. Major emphasis will be placed on the Federal Rules of Evidence, which now apply in the courts of roughly 40 states as well as the federal system. Credits: 3 to 4
	LAW3 655 - Family Law This course focuses on the law surrounding intimate relationships between adults. In particular, we will focus on the institution of marriage and its changing scope and social meaning, divorce and its financial consequences, and the parent-child relationship, including establishing parenthood, adoption, child custody, and child support. Credits: 3
	LAW3 656 - Water Law Rivers, streams, lakes, and groundwater are subject to a diverse array of competing uses, including withdrawals for human use, receiving discharges of pollution, the generation of hydropower, and as habitat for aquatic life. The allocation of water and the resolution of disputes between competing water uses are governed by an array of state and federal laws. The course will initially study the two primary water law systems in the United States – the riparian system in the East and the prior appropriation system in the West. We will also examine public rights to water resources and mechanisms for resolving water use disputes and protecting the environmental quality of lakes, rivers, and streams. We will also study some of the federal laws that affect the allocation and use of water, including the Clean Water Act, the Federal Power Act, the Endangered Species Act, and the law governing interstate water disputes. Credits: 3
	LAW3 657 - Federal Courts This course is about the federal judicial system and its relationship to various other decision-makers, including Congress and the state courts. We will examine the jurisdiction of the federal courts; the elements of a justiciable case or controversy (including the doctrines of standing, ripeness, mootness, and political questions); the role of state law and so-called “federal common law” in federal courts; implied causes of action; and state sovereign immunity. We also will consider the extent to which state courts are obliged to adjudicate questions of federal law, and we will discuss some of the ways in which the state and federal judicial systems interact (including various abstention doctrines applied by the federal courts, review of state-court judgments in the federal Supreme Court, and the law of habeas corpus). Prerequisites & Notes Prerequisite: Civil Procedure, Constitutional Law. Credits: 4
	LAW3 660 - Federal Criminal Law This course explores the scope and structure of federal crimes, which are different in important respects from the much larger body of state criminal law. The course covers the jurisdiction of the federal government over crime, including constitutional limitations; the emerging law of federal mens rea; four crimes that illustrate the enormous reach of the federal criminal law (the Mann Act, mail fraud, the Hobbs Act, and the Travel Act); and RICO, the most important organized crime statute in history. Broader policy questions, such as federal enforcement policies and the merits of the federalization of crime, are emphasized. Credits: 3
	LAW3 662 - Federal Taxation of Gratuitous Transfers This course is an introduction to the federal taxation of gratuitous transfers made by individuals during life and at death. Federal taxation of estates and gifts and generation-skipping transfers will be examined separately and as they interrelate with each other by drawing together legislation, administrative interpretations, and judicial decisions. Federal income taxation of trusts and estates will also be considered, as will income tax considerations unique to decedents. Prerequisites & Notes Prerequisite: Federal Income Tax and Trusts and Estates recommended, but not required. Credits: 3
	LAW3 663 - Federal Income Tax This course is the introduction to federal taxation in general, and income tax in particular. It will concentrate on the provisions that apply to all taxpayers, with particular concern for the taxation of individuals. The course is intended to provide grounding in such fundamental areas as the concept of income, income exclusions and exemptions, non-business deductions, deductions for business expenses, basic tax accounting, assignment of income, and capital gains and losses. Further particular attention will be paid to the processes for creating law and determining of liability in the tax area, the role of the Treasury and the taxpayer in the making of tax law and formulation of policy, and the significance of the income tax in government and business. Credits: 4
	LAW3 668 - Food and Drug Law This course considers the Food and Drug Administration as a case study of an administrative agency that must combine law and science to regulate activities affecting public health and safety. The reading and class discussion will cover issues such as regulation of cancer-causing substances in foods, the use of risk-assessment techniques in regulatory decision-making, the effects of FDA drug approval requirements on research and competition in the pharmaceutical industry, regulation of new medical technologies, and the ethics of drug testing. Prerequisites & Notes Prerequisite: Administrative Law recommended, but not required. Credits: 3
	LAW3 669 - Health Care Law This course provides an introduction to the landscape and government regulation of the healthcare market. The course first examines the three groups—healthcare providers, health insurers, and patients—around which the modern U.S. healthcare system is organized. It then examines how the government regulates relationships within and between these groups. Important themes that are covered include federal v. state authority over health care and the rising cost of health care. This course is not intended as an introduction to bioethics; rather it focuses on health care institutions and statutes. Credits: 3
	LAW3 670 - Immigration Law This course will introduce the complex substantive provisions of U.S. immigration laws and the procedures used to decide specific immigration-related issues. Considerable attention will be given to underlying constitutional, philosophical, and historical issues, and to the interaction of Congress, the courts, and administrative agencies in dealing with major public policy issues in the immigration field, including current anti-terrorism policy. The course will include a brief introduction to asylum and refugee law. Credits: 3
	LAW3 672 - Insurance This course provides a working knowledge of basic insurance law governing insurance contract formation, insurance regulation, property, life, health, disability, and liability insurance, and claims processes. The emphasis throughout is on the link between traditional insurance law doctrine and modern ideas about the functions of private law. Credits: 3
	LAW3 674 - International Taxation A survey of the income tax aspects of (1) foreign income earned by U.S. persons and entities, and (2) U.S. income earned by foreign persons and entities. The principal focus will be on the U.S. tax system, but some attention will be devoted to adjustments made between tax regimes of different countries through tax credits and tax treaties. The political and economic forces underlying the evolution of these rules will also be considered. Prerequisites & Notes Prerequisite: Federal Income Tax. Credits: 3
	LAW3 675 - International Business Transactions This course deals with domestic and international regulations that affect transnational business transactions. It focuses on private transnational aspects of these transactions, using materials on international economic law and international trade law selectively. Topics to be discussed include choice of law and forum, international sales law, letters of credit and other payment mechanisms, business forms, technology transfer, and foreign direct investment and its regulation. Credits: 3
	LAW3 676 - International Civil Litigation This course examines the distinctive issues that arise when civil litigation takes on an international dimension, including personal jurisdiction, choice of law, enforcement of judgments, sovereign immunity, and the developing law of human rights. In addition, the course covers arbitration and discovery outside the United States. Across all these issues, the course examines the fundamental question of how the ordinary rule of civil litigation must be modified to take account of foreign interests and international concerns. Credits: 3
	LAW3 677 - International Human Rights Law This course is designed for students seeking to understand the theory and practice of international human rights law. It offers a thorough grounding in the basic principles of international human rights law, as well as the international mechanisms and institutions established in the past half-century to protect human rights. The course will examine the difficulties involved in converting those principles into practice, and will analyze the effectiveness of different ways of using international human rights law to further human rights protection. Topics include: an introduction to international law principles, the nature of human rights and the debate over cultural relativism, international human rights norms and their foundations in the U.N. Charter and in other global and regional treaties, how states incorporate human rights principles domestically, international systems and procedures for the protection of human rights, including incorporating human rights objectives into national diplomacy, the role of nongovernmental organizations, recent efforts to enforce international law (e.g., the international criminal tribunals for Rwanda and the former Yugoslavia, as well as the nascent international criminal court), and humanitarian intervention. Case studies, role-plays and other interactive methods will be used (if class size permits) to enable students to practice how to use international human rights law effectively. Prerequisites & Notes Prerequisite: International Law recommended, but not required. Credits: 3
	LAW3 678 - International Law This is the introductory course in public (government-to-government) international law. (International Business Transactions is the introductory course in private, business-oriented international law.) This course covers topics such as the International Court of Justice, the United Nations, recognition and statehood, diplomatic immunity, sovereign immunity, the law of the sea, torture, the Geneva and Hague Conventions, constitutional limits on U.S. foreign-policy decisions, the treatment of international law by the U.S. Supreme Court, alliance treaties, peace treaties, nuclear non-proliferation, the European Union, the World Trade Organization, whaling, ozone depletion, and climate change. The course considers international legal rules not only in isolation but also as a product of international politics, domestic law and politics, and history. Credits: 3
	LAW3 679 - Employment Law: Principles and Practice The dominant source of legal rights for employees today is a disorderly body of federal and state statutes and common law doctrines often called “employment law.” Ranging from Title VII to defamation law, from ERISA to workers’ compensation, from the Americans with Disabilities Act to the law of employee handbooks, employment law encompasses a vast body of law regulating the employment relationship. This course examines employment law doctrine and theory from a practical perspective. Prerequisites & Notes Prerequisite or Concurrent: Employment Law, Employment Discrimination Law. Credits: 3
	LAW3 682 - Judicial Role in American History A survey of leading American Supreme Court judges from Marshall through the Burger Court. The course consists of lectures and readings, along with discussions of topics on contemporary issues. Credits: 3
	LAW3 683 - Philosophy of Law The course focuses on selected issues mostly within what is broadly termed analytical and normative jurisprudence. Treatment ranges from traditional topics such as the nature of law, legal systems, and legal rights, to the role of moral theory in private law and legal justification. Recent contributions to such topics (e.g., legal pragmatism) are considered and assessed. Credits: 2
	LAW3 684 - Labor Law This course is designed to provide a general introduction to the practice of law under the National Labor Relations Act. It begins with an overview of labor unions and their efforts to organize workers beginning in the late 1800s, subsequent congressional attempts to protect organizing, passage of the Wagner Act in 1935, and its modification by the 1947 Taft-Hartley amendments. We will review the Act’s concept of concerted, protected activity, conduct prohibited to employers (unfair labor practice or “ULP”), and the way ULPs are processed through the Board and courts. We will review “R” Case (or representation) proceedings and the Board’s role in maintaining “laboratory conditions” under which employees select or reject a collective bargaining representative. We will review union organizing tools and the procedures that employers use to oppose organizing. The final substantive review will focus on conduct prohibited to unions and the often unclear line between prohibited “secondary activity” and protected free speech. Time permitting, we will discuss briefly the decline of organized labor and the current debates within organized labor regarding its future. Credits: 3
	LAW3 687 - Law and Economics This course illustrates the uses—and the limitations—of economic analysis in representative areas of the law, ranging from trial advocacy to abstract legal theory. A structured set of legal problems with significant economic content is used to acquaint the student with those technical economics tools most likely to be of use to a lawyer. Credits: 3
	LAW3 689 - Accounting: Understanding and Analyzing Financial Statements The principal goal of this course is to provide an understanding of the concepts of financial accounting and published financial statements. Attorneys need a basic understanding of financial statements in order to work with corporate clients and certified public accountants. This knowledge is particularly important if the practice involves investment banking, initial public offerings, and the issuance of securities. Course content will include the conceptual framework of accounting, specialized accounting terminology, generally accepted accounting standards, and the distinction between financial accounting and income tax accounting. The roles of the Securities and Exchange Commission, the Public Company Accounting Oversight Board, the Financial Accounting Standards Board, and the Internal Revenue Service will be delineated. Credits: 2
	LAW3 690 - Advanced Legal Research Legal research is a basic part of the practice of most beginning attorneys. While procedures have changed dramatically with the increased use of online databases and the Internet, an understanding of print resources remains essential to effective research. This course provides an overview of both print and electronic research approaches, and explores recent developments in the field. Among the topics covered are basic primary and secondary sources, including legislative history and administrative law, effective use of Lexis and Westlaw databases, research in specialized areas and transnational law, the use of business and social science resources, the role of the Internet in legal research, and nontraditional approaches to finding legal information. Prerequisites & Notes Prerequisite: Legal Research and Writing. Credits: 2
	LAW3 693 - International Criminal Law Introduces a variety of problems posed by the investigation or prosecution of criminal laws in the international arena, and explores the foundations of international criminal law, including the bases for criminal jurisdiction. It then covers in depth two issues central to international criminal law, the extradition of fugitives and mutual legal assistance (i.e. international evidence gathering). Coverage of those issues includes the criminal procedure and U.S. Constitutional issues implicated. It also touches upon money laundering, the forfeiture of illegally obtained assets, U.S. laws impacting on U.S. business overseas, the relationship between the intelligence and law enforcement communities, the recent establishment of war crimes tribunals and the move to create an international criminal court, diplomatic immunity, and international prisoner transfer. Credits: 3
	LAW3 694 - Intellectual Property: Patent The availability and scope of patent protection is increasingly important in the knowledge economy. Advances in biotechnology, controversial uses of patent rights, and divergent court opinions are impacting this area in far-reaching ways. This course will explore many of these developments while maintaining a primary focus on the principal rules pertaining to patent protection and enforcement and the policies underlying these rules. Prerequisites & Notes Prerequisite: Property. Credits: 3
	LAW3 696 - Constitutional History I: Articles of Confederation Through the Civil War This course will trace the history of American constitutional law development from the Articles of Confederation through the Civil War. Topics to be covered include the framing and ratification of the Constitution, the Alien and Sedition Acts, the landmark decisions of the Marshall Court, the constitutional ramifications of slavery, and various constitutional issues raised by the Civil War. Credits: 3
	LAW3 701 - Genetics and the Law This class will explore various legal/policy issues that arise in the context of the new genetic technologies. The initial sessions will introduce the basic biology of human genetics and the objectives of the Human Genome Project. We will review the history of genetic research in the United States, with particular attention to the incorporation of “hereditarian” and “eugenic” concepts into the law, as well as the state and federal cases in which those concepts were challenged. The bulk of the semester will survey six topical areas: genetic privacy, including questions of population screening and genetic anti-discrimination law related to Employment and Insurance; the use of DNA as a unique identifier, particularly in the forensic context; reproductive issues, including parental rights of “surrogates” or genetic donors; the implications of novel genetic technologies in medical treatment and/or research, such as the harvest of Embryonic Stem Cells or nuclear transplantation (cloning); alteration and ownership of biologic forms, where genetic engineering raises intellectual property issues; and genetics and race. Credits: 3
	LAW3 703 - Land Use Law This course will explore the regulation of land use, with an emphasis on the constitutional and environmental dimensions of land use law. The course will begin with the basic elements of the land development and regulation process, including the basics of planning and zoning. We will then address the following topics, among others: constitutional constraints on land use regulation, including those imposed by the First Amendment and the Fifth Amendment’s Takings Clause; housing discrimination on the grounds of race and income; “environmental justice”; environmental law as a constraint on land use; and land use law as environmental regulation. Although the course will focus primarily on the public regulation of land, we will also address public ownership and private alternatives to regulation. Credits: 3
	LAW3 719 - Disputes and Remedies I & II (JAG) The course focus is on contract litigation before the Armed Services Board of Contract Appeals, using an actual Army Contract Appeals Division case file as the basis for all graded and ungraded exercises. Course topics include jurisdiction, pleadings and motions, written discovery, depositions, hearings, brief writing, ADR and settlement agreements, and post-hearing procedures and appeals. Credits: 4
	LAW3 720 - Advanced Topics in the Law of War I & II (JAG The course will provide an in-depth study of specific topics in the law of war building upon foundations laid during the core instruction. Discussions and readings will consider and compare U.S and international perspectives on the law of war including views of U.S. allies, the U.N., the ICRC and NGOs. Topics will include sources of contemporary law of war, in-depth consideration of the principles of the law of war and targeting, issues associated with battlefield status, regulation of internal armed conflicts, the interface between human rights law and the law of war, and mechanisms to enforce the law of war. The ICRC’s casebook “How Does Law Protect in War” will serve as the text. Credits: 2
	LAW3 725 - Negotiation Institute This course examines the negotiation process employed regularly by legal practitioners. It covers the different stages of the negotiation process, negotiator styles, verbal and non-verbal communication, negotiation techniques, the impact of gain/loss framing on participant risk aversion, and other factors that influence negotiation interactions. The course evaluates the negotiation process from both a theoretical and a practical perspective. Distributive and cooperative bargaining encounters are explored to demonstrate the relevance of both. The impact of cultural stereotypes is explored, with an analysis of public and private international negotiation transactions. Prerequisites & Notes Prerequisite: Second- or third-year status. Credits: 3
	LAW4 600 - Issues in Poverty Law This seminar examines poverty in the U.S. and the ways in which the law, both intentionally and unintentionally, affects impoverished individuals and communities. Addressing historical and contemporary perspectives on poverty and poverty law, it considers a variety of topics, including welfare law and policy; the allocation of power between the states and the federal government in the provision and administration of programs for the poor; access to affordable housing and healthcare; the regulation of work; law enforcement in poor communities; poverty expressed by wealth versus income; and the status of economic class in the adjudication of constitutional and other claims. These topics are accompanied by an exploration of broader questions regarding access to legal representation, access to the courts, and the ways in which impoverished communities perceive and experience the law, the legal profession, and legal institutions. Credits: 3
	LAW4 601 - Legislation Students spend much of their time thinking about the common law or other forms of unwritten law. In this day and age, however, much of our law comes from statutes and administrative regulations. As a result, learning how to read a statute is every bit as important as learning how to read an appellate court opinion. This course will examine both the theory and the practice of statutory interpretation. We will consider the goals that interpreters should pursue and how those goals relate to some contemporary debates (including but not limited to debates about the relevance of legislative history). We will also become familiar with the canons of construction frequently invoked by courts. Finally, we will consider some specialized but important topics in statutory interpretation, such as doctrines of severability and pre-emption. Credits: 3
	LAW4 602 - Local Government Law Local government law examines both the theoretical bases for decentralized government and the specific functions of local governments in the American legal and political system. The course utilizes legal cases as well as political and social theory in considering the proper distribution of powers among federal, state, regional, and local institutions. Specific topics include: the formation and constitutional status of local and other non-state governments; the capacity of local governments to provide essential government services such as education and policing; the environmental impacts of local land use regulations, paying special attention to issues of urban sprawl; the existing distribution of resources across metropolitan areas; and the impact of race on the structure of metropolitan governance. Credits: 3
	LAW4 604 - Mental Health Law It has been estimated that 28-30 percent of Americans experience a diagnosable mental disorder each year. This course will address legal issues that pertain to the needs and rights of individuals with a mental disorder and explore the delivery of mental health services, the regulation of mental health professions, and the relationship between society and individuals with a mental disability. Likely topics include: the nature and treatment of mental disorders; the right to treatment and community services; civil commitment; competence, surrogate decision-making, and guardianship; informed consent and the right to refuse treatment; the financing of mental health care; protection from discrimination; and the regulation and liability of mental health professionals. Guest lectures will be provided by various mental health providers, legal practitioners, and judges. Credits: 3
	LAW4 608 - National Security Law Following the 9/11 attack, one of the fastest growing areas of legal inquiry has been national security law. This course is a comprehensive introduction, blending relevant international and national law. It begins with an overview of modern theory about the causes of war including democratic peace, deterrence, and incentive theory. The course then examines the historical development of the international law of conflict management. It takes up institutional modes of conflict management, including the U.N. system and the role of the Security Council, and regional systems such as NATO and the OAS. Addressing the lawfulness of using force in international relations, i.e., jus ad bellum, the course discusses defining “aggression,” low-intensity conflict, terrorism, humanitarian intervention, anticipatory defense, “pre-emption,” and other continuing problems. It then examines several case studies including the Indochina War, the “secret war” in Central America, the Gulf War, Kosovo, Afghanistan (the war on terror), and the Iraq War, as well as case studies in U.N. peacekeeping and peace enforcement (including the former Yugoslavia, Somalia, Haiti, and Rwanda). It examines human rights for contexts of violence, that is, the norms concerning the conduct of hostilities, i.e., jus in bello, providing an overview of the protection of noncombatants and procedures for implementation and enforcement. It looks at war crimes and the Nuremberg principles, and the new International Criminal Court as well as the Yugoslav and Rwanda tribunals. It briefly reviews American security doctrine, then turns to the general issues of strategic stability and arms control, examining nuclear, chemical and biological weapons and their effects, and arms control agreements. It examines the national institutional framework for the control of national security, including the authority of Congress and the president to make national security decisions, the war powers and constitutional issues in the debate on interpretation of the Anti-Ballistic Missile Treaty. The course then examines the national security process including the national command structure, and looks at secrecy, access to information, and the classification system. It reviews intelligence and counterintelligence law, individual rights and accountability as they interface with national security, and ends with an overview of the new law of homeland security. Individual power point modules are offered in the course segments concerning modern theory about the origins of war, terrorism, the Vietnam War, intelligence law, individual rights vs. national security, and the national security process. Credits: 3
	LAW4 609 - Indian Law The legal relationships between the Indian tribes and the national government and between the tribes and state governments define a distinctive but growing body of federal law. This body of law is powerfully influenced by the history of European “invasion” of North America and anchored in decisions rendered by the Supreme Court—three of them authored by the same Chief Justice, John Marshall. The course can be viewed as a study of legal history, but it is also a story about contemporary legal conflicts that spill over into Congress and the federal courts with increasing frequency. As tribes seek to exploit both their natural resources, including in some cases their isolation, and their seeming independence from state and much federal regulation, they and their members are brought into conflict with other governments and other citizens. The availability of legal remedies, both for tribal members and others, is a second theme of the course. Credits: 3
	LAW4 610 - Oceans Law and Policy Senate consideration of the 1982 Law of the Sea Convention this year, and the resulting national debate, has thrust the Law of the Sea into the national consciousness. The course begins by examining the goals of oceans policy, outlining both community and U.S. interests; providing frameworks for analysis; then defining oceans claims and their political, economic, and strategic context. After a brief introduction to oceanography, the course moves into a detailed discussion of issues in international oceans policy, including the Law of the Sea and U.S. policy, the Third U.N. Conference on the Law of the Sea and the 1982 U.N. Convention on the Law of the Sea, sources of current oceans law, navigation and communication, the economic zone, straddling stocks and highly migratory species, the continental margin, protection of the marine environment, marine scientific research, boundary disputes and dispute settlement, deep seabed mining, national security and international incidents, and polar policy. This section ends with an examination of several case studies on illegal oceans claims and strategies for their control. In its final section, the course explores issues in national oceans policy, focusing on Merchant Marine development, continental shelf development, coastal zone management, and organization of the national oceans policy process and the future of oceans policy. The course typically invites one or more experts to meet with the class on contemporary issues. The course will also explore in some detail the national debate about senate advice and consent to the 1982 Convention. Credits: 3
	LAW4 614 - Presidential Powers This course will consider a variety of issues involving the application of law to the president’s functions. Many such issues are of constitutional stature and fall under the general rubric of separation of powers or checks and balances. Therefore we will necessarily examine as well the powers vested in other branches of government. Other such issues primarily involve statutory construction or public administration. The course will include a review of some or all of the following: law enforcement (including the institution of the independent counsel); program administration (including the president’s authorities in relation to the so-called independent federal agencies); budgeting and accounting; the line-item veto; executive privilege; impeachment; immunity to suit for the president and other executive officers; authority over foreign affairs and the war powers, including claims to extensive powers in the war against terrorism (e.g., the use of coercive interrogation or even torture); detention of “enemy combatants”; and the chartering of military tribunals to impose criminal punishment. We will consider the major judicial decisions on these subjects, but one objective of the course is to derive an appreciation for how few of these questions have been or could be litigated and thus governed by clear judicial guidance. We will consider how to make sound judgments on the distribution and exercise of governmental powers, even when traditional sources are lacking. Credits: 3
	LAW4 615 - Professional Responsibility This course will examine professional responsibility issues that arise in the context of a public interest law practice. These will include the creation and termination of the attorney-client relationship, the scope of representation, conflicts of interests, confidentiality, and the attorney’s ethical obligations during litigation. In addition, the course will address the attorney’s relationships with the courts, the organized bar, and the community. Credits: 2 or 3
	LAW4 618 - Employee Pension and Welfare Benefits This course will examine the federal laws governing retirement, health, and other welfare benefits provided through the employment relationship. We will consider several aspects of employee benefits law, but we will place primary emphasis on the regulation of retirement plans (such as traditional pensions and 401(k) plans) under the Employee Retirement Income Security Act of 1974 (ERISA). Topics to be covered include: substantive employee rights and obligations; standards of conduct for trustees, investment managers, and other fiduciaries; administrative and judicial enforcement procedures; public policy on retirement security; and the economic incentives and disincentives for employers to maintain tax-qualified retirement plans. Prior coursework in tax law is not necessary. ERISA is one of the most widely litigated federal statutes, and this course should be useful to students interested in litigation as well as those interested in tax or corporate practice. Credits: 3
	LAW4 619 - Refugee Law and Policy This course examines in detail the basics of refugee law and the procedures involved in adjudicating claims to political asylum. Topics may include: theory and philosophy of refugee protection, comparative refugee law and procedure, the special dimensions of gender-based persecution claims, U.S. overseas refugee programs, restructuring the asylum adjudication process, “temporary protected status,” the role of the Office of the UN High Commissioner for Refugees, regional and universal treaties concerning refugees, closer study of how the world community has coped and should cope with selected refugee situations (such as the former Yugoslavia, Sierra Leone, or Afghanistan), and extradition law (including the political offense exception). Prerequisites & Notes Prerequisite: Immigration Law or permission of the instructor. Credits: 3
	LAW4 620 - Remedies Remedies is a transubstantive course: It crosses the traditional boundaries both within private law (between property, tort, and contract) and between private and public law. Remedies are the denominator common to every area of law that imposes liability. The practical value of rights in any area of law rests with the remedy available for their enforcement. Remedies can be compensatory, preventative (coercive or declaratory), restitutionary, punitive, or ancillary. The objective of this course is to examine the relationship between liability and remedy across diverse areas of law. Although more emphasis will be placed on the private law remedies, we will consider public law remedies at some depth for purposes of comparison. Do courts decide liability questions only by first deciding on the appropriate remedy, as legal realists have suggested? What are the policy considerations that bear on pairing certain kinds of remedies with certain kinds of rights? Are there any patterns that hold across different areas of law? Does economic analysis equally inform private and public law remedies? These are some of the questions we will ask during the course. The pedagogy should be familiar to students experienced in the Socratic method. We will read cases, essays, and notes in the casebook and attempt to discern the basic doctrinal and theoretical explanation that best illuminates the legal decisions we consider. Credits: 3
	LAW4 622 - Social Science in Law This course deals with the uses of social science by practitioners and courts. The roots of social science in legal realism are considered, and the basic components of social science methodology are introduced. No background in methodology or statistics is necessary. Both applications in the criminal context (e.g., obscenity, parole, sentencing) and in civil law (e.g., desegregation, trademarks, custody) will be considered. Psychology and sociology are the social sciences emphasized. Credits: 3
	LAW4 623 - Securities Regulation The course will examine the federal statutes and regulations relating to the sale of securities and the duties of issuers, underwriters, brokers, dealers, officers, directors, controlling persons, and other significant market participants. We will discuss the regulation of public and private offerings, trading markets, and disclosure and corporate governance of publicly traded companies. Prerequisites & Notes Prerequisite: Corporations or Corporations (Law & Business). Credits: 3
	LAW4 627 - Sports Law This course explores the legal rules regulating professional and amateur sports. There is a substantial treatment of both Labor Law and Antitrust regulation, but neither course is a prerequisite. Credits: 3
	LAW4 629 - Personal Injury Law This course begins by examining in detail the trial of a typical personal injury case, tried by a young lawyer right out of law school, from claim investigation, pleadings, discovery, trial, post trial motions, and appeal, focusing on both legal doctrines and tort litigation strategy. The course further examines both tort law theory (e.g., deterrence versus compensation) and its practical operations (e.g., jury selection) as a means of understanding both the workings of tort law and its merits as well as its demerits. The course then takes up the merits and demerits of both relatively limited and more extensive proposals for tort reform as applied to not only auto accidents but medical malpractice and product liability. Prerequisites & Notes Prerequisite: Torts. Credits: 3
	LAW4 630 - Trusts and Estates The course will cover intestate succession (when a decedent dies without a will); requirements for the execution, revocation, republication, and revival of wills and codicils; probate procedure and grounds for will contests; requisites for the creation and termination of private trusts; inter vivos transactions that serve as will substitutes and that relate to testamentary dispositions, including contracts to make wills; planning for incapacity; and problems in the interpretation of wills, including the effect of change on testamentary dispositions. Relevant tax aspects are considered interstitially, but the course is not a substitute for courses in Estate and Gift Tax or the Income Taxation of Trusts and Estates. Prerequisites & Notes Prerequisite: Property. Credits: 3
	LAW4 631 - Intellectual Property: Trademark and Unfair Competition This course will survey the theory and the law of trademarks and unfair competition. Topics include the acquisition of trademark rights, registration of trademarks, loss of trademark rights, infringement, false designation of origin, advertising, author’s and performers’ rights of attribution and publicity, dilution, Internet domain names, trademarks as speech, and remedies for trademark infringement. Prerequisites & Notes Prerequisite: Property Credits: 3
	LAW4 632 - Virginia Practice and Procedure The course, and in-depth study of the workings of litigation in Virginia, is organized and presented primarily for students who intend to practice law in the Commonwealth. The course includes a study of the Virginia judicial system and problems of jurisdiction and venue within that system; pleading and practice both at law and in equity; a study of the Rules of Court; and the procedural statutes and applicable case law. Credits: 3
	LAW4 633 - Real Estate Transactions: Principles and Practice This course is about making deals to acquire or develop long-lived, income-producing assets, focusing specifically on financing techniques for the equity piece of investment in income-producing real estate. Emphasis will be placed on the use of present value analysis and the use of spreadsheets to perform this analysis. Financial structures used to invest in real estate, principally pass-thru entities taxed as partnerships, will be analyzed. Multi-family residential projects will be used for analytic purposes, including the use of low-income housing tax credits. Attention will be paid to development issues including site acquisition and evaluation, environmental regulation, market analysis and obtaining public approvals. The use of publicly held investment vehicles to finance real estate ventures will be discussed, focusing on the use of REITs and UPREITs. Investment by tax-exempt institutions and issues raised by debt securitization will be discussed as time permits. Attention will also be paid, also as time permits, to debt structures and relationships between creditors and investors; protection of equity investors in troubled projects; special problems with leverage, possibly including leveraged leases; defaults and workouts. Prerequisites & Notes Prerequisite: Federal Income Tax recommended, but not required. Credits: 3
	LAW4 635 - Advanced Trusts and Estates The course will cover restrictions on the power of testamentary disposition; charitable trusts; the creation, use, release and lapse of general and special powers of appointment; the classification and construction of future interests in trust, including class gifts; application of the rule against perpetuities to interests and powers in trust, including class gifts; and fiduciary administration, including the duties, powers, and liabilities of trustees. Prerequisites & Notes Prerequisite: Property, Trusts & Estates. Credits: 2
	LAW4 636 - Partnership Tax This course will examine the basic principles in the application of the federal income tax to partnerships and their partners. Due to recent changes in the law, an increasing number of private firms, whether or not organized as partnerships, will be subject to these rules in the future. The course is taught by using problems that illustrate the principles discussed in class. Although the course material is technical in nature, operation of the rules will be related to and explained by the underlying tax theory, and the technical rules and tax theory will be applied to tax and business planning. Prerequisites & Notes Prerequisite: Federal Income Tax. Credits: 3
	LAW4 638 - Immigration Law Clinic This semester-long clinic will be offered in conjunction with the Legal Aid Justice Center. Students will be assigned several clients and will handle at least one complicated case involving extensive client interviewing, factual investigation, and legal brief(s). Students will be expected to work with the clients who are victims of violence, clients appealing denials of applications for status, special categorization or procedures, or clients who have cases complicated by past criminal or immigration history. Such cases can require coordination with law enforcement and/or social services agencies. Students will interview these potential clients, assess legal options, and make critical judgments regarding strength of the possible case, needs of the client, and fit with Clinic/Legal Aid priorities in order to recommend whether to take the case. Prerequisites & Notes Prerequisite: Immigration Law. Students with significant experience in the refugee or immigration fields may seek a waiver. Credits: 3
	LAW4 643 - Conflict of Laws This course examines the rules and principles that govern the resolution of multi-jurisdictional conflicts of laws in the U.S. The central issue throughout the course is, simply, what law governs a multi-jurisdictional dispute? It considers various theoretical bases for choice of law principles, as well as the principal constitutional limitations on choice of law. It also devotes some class time to advanced issues of in personam and in rem jurisdiction, the Erie doctrine, and the recognition and enforcement of judgments. Credits: 2
	LAW4 652 - Entertainment Law An introduction to legal, business, and creative issues in film, television, and music production and distribution, and the role of the entertainment lawyer. This course will provide an overview of “standard” contract clauses in film, television, and music contracts and some of the leading cases and legal issues related to those businesses, including celebrity and publicity rights, idea submission and protection, credit and control, budgets and financing, compensation (net vs. gross and profits in films, profits and residuals), licenses and royalties, and limitations on enforcement of personal service contracts. Credits: 3
	LAW4 656 - Ideas of the First Amendment This course develops skills of close critical reading, as well as an understanding of the central ideas of the First Amendment tradition. The emphasis is on how those ideas emerged in various historical periods from particular political, legal, and intellectual struggles. Philosophical and polemical essays are studied as well as judicial opinions, including essays and opinions by John Milton, James Madison, John Stuart Mill, Learned Hand, Oliver Wendell Holmes, Louis Brandeis, and Alexander Meiklejohn. The course explores how the ideas of these thinkers bear on issues of contemporary First Amendment controversy. Prerequisites & Notes Prerequisite: Constitutional Law. Credits: 3
	LAW4 659 - Foreign Relations Law This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the pre-emption of state foreign relations activities, the power to declare and conduct war, and the political question and other doctrines regulating judicial review in foreign relations cases. Where relevant, we will focus on current events, such as the post-September 11 war on terrorism and the 2003 war in Iraq. Prerequisites & Notes Prerequisite: Constitutional Law Credits: 3
	LAW4 661 - Employment Law Clinic This yearlong clinical course is designed to give students first-hand experience in the practice of employment law, from both the plaintiff and defense side. Students will receive classroom instruction only during the fall semester in the substantive and procedural aspects of employment litigation, from client interviewing and counseling through formal and informal fact gathering, drafting administrative charges of discrimination, Complaints, discovery, participating in simulated mediation, depositions, motions arguments, opening statements, and closing arguments, all of which will be considered in grading. Motions and trial advocacy skills will be taught and refined in the context of an employment discrimination case. Prerequisites & Notes Prerequisite: Employment Discrimination, Evidence, Professional Responsibility recommended, but not required. Credits: 5
	LAW4 663 - Federal Land and Natural Resource Law The seminar will survey the laws and policies governing the management of lands and natural resources under federal ownership (some one-third of the nation’s continental land area). Beginning with a brief review of the history of federal land policy, the seminar will focus on issues relating to public lands, including national forests and parks, minerals, timber, fish and wildlife, endangered species, water, recreation, preservation of unique values, and occupancy uses. Various resource development issues will be discussed in the context of federal-state jurisdictional powers over federal lands and resources and the applicability of the National Environmental Policy Act to activities on the federal lands. The course will also review numerous recent changes in longstanding federal land policies and regulations. Prerequisites & Notes Prerequisite: Environmental or Administrative Law recommended, but not required. Credits: 3
	LAW4 664 - Prosecutorial Function: Principles & Practice The course examines the theoretical, ethical, and doctrinal principles and the practical constraints governing the exercise of the prosecutorial function at both state and federal levels. It focuses on such topics as the interplay between prosecutors and investigators, the nature of “prosecutorial discretion,” the political dimension of the prosecutorial function, issues and controversies surrounding the independent counsel statute, the use and abuse of the grand jury, criminal discovery, and the special obligations of the prosecutor as trial counsel. Prerequisites & Notes Prerequisite: Criminal Investigation. Credits: 3
	LAW4 665 - Appellate Litigation: Principles and Practice This course deals with the most significant aspects of appellate practice, with a focus on the doctrines and rules applicable in the federal courts of appeals. Toward the end of the semester some attention will be paid to Supreme Court practice. The concentration of the course, however, is on the basic, first-level appellate process, using the Federal Rules of Appellate Procedure and applicable case law principles to illuminate the practical issues in handling any appeal, state or federal. Prerequisites & Notes Prerequisite: Legal Research and Writing Credits: 3
	LAW4 677 - Analysis of the Military Criminal Legal System (JAG This course provides an in-depth critical examination of the military criminal legal system. A comparative and historical approach is used to explore the military justice system’s divided loyalty between constitutional safeguards and the military mission. Discussion of possible changes that might improve the system is encouraged. Credits: 2
	LAW4 681 - Professional Sports and the Law This course examines the application of a variety of legal principles to the business of professional sports. The course focuses on the practical application of contract law, antitrust law, and to some extent arbitration and negotiation of disputes and current legal issues relating to the sports industry. Particular attention will be given to professional sports leagues and individual sports, as well as their practical application to the business of sports today. Neither the application of law to amateur sports nor the application of tax law to sports is covered in this course. Credits: 2
	LAW4 683 - Duty to Obey This course examines debates concerning our (alleged) moral duty to obey the law (and, more generally, our “political obligations”). It explores the justifications that have been offered for the various kinds of legal disobedience. Readings are from contemporary sources in political philosophy and legal theory, and consider arguments concerning consent, fairness, justice, associative responsibilities, civil disobedience, conscientious refusal, violent resistance, and revolution. Credits: 3
	LAW4 689 - Environmental Lawyering: Principles and Practice This is a course about the tasks of lawyers representing clients in environmental disputes, from rulemaking to litigation to negotiation. Although focused on environmental problems, the course develops skills of general use in crafting and implementing strategies for clients in high visibility matters affecting the public interest. The course develops several case scenarios based on actual proceedings, including a rulemaking interpreting requirements of the Clean Water Act for local watersheds, litigation over threats to an endangered aquatic species and an enforcement action under the Clean Air Act. The cases involve a range of parties, including property owners, developers, and environmental groups as well as governmental agencies at the local, state and federal levels. Prerequisites & Notes Prerequisite: One of the following: Administrative Law, Environmental Law, or a course in litigation. Credits: 3
	LAW4 695 - CaseFiles and Contracts A variety of issues in basic Contracts law are presented through CaseFiles. None of these CaseFiles have been taught before at UVa and there are few, if any, precedents that were read in the first-year Contracts course. Each day, the class considers a different CaseFile, with the final examination being a a memo analyzing a specific CaseFile For a fuller description of the CaseFile Method, please see: www.CaseFileMethod.com. Credits: 2
	LAW4 697 - Intellectual Property: Trademark This class provides a thorough understanding of the application of trademark and unfair competition law to real life legal practice in a dynamic environment incorporating case studies and practical situations. This course covers the law that governs how brands may be legally protected, with topics including: trademarks as distinguished from other forms of intellectual property; trademark searching and clearance; federal and state registration of trademarks; the common law origin of trademark protection in the law of unfair competition; trademark infringement and dilution actions; the relationship between the allocation of domain names on the internet and protection of trademarks; and international treaties relating to trademarks. Credits: 2
	LAW4 701 - Securities Fraud Investors who have purchased securities based on false information have a wide range of remedies against numerous parties, including the corporate issuer, corporate officers, investment bankers, stock analysts, accountants, lawyers and others who are involved in the marketing of securities and the dissemination of information about the value of securities. The most important of these remedies arise under remedial provisions of the federal securities statutes. This course covers the requirements of those federal causes of action, with particular attention to the cause of action under Rule 10(b)(5) and the role of class actions. One objective is to evaluate the effectiveness of the available remedies in light of the problems suggested by recent events such as the Enron debacle, the controversy over the role of stock analysts, and the significant decline in stock market values. Credits: 3
	LAW4 706 - Graduate Legal Research and Writing Designed for LL.M. students unfamiliar with the U.S. legal system, this course introduces students to the fundamentals of U.S. legal research materials, methods, and strategies as well as various forms of legal writing. The research component, taught by Ms. Luu, focuses on finding major sources of U.S. law (i.e., jurisprudence, legislation and administrative law), using primarily electronic resources available in the public domain. The writing component, taught by Ms. Staples, focuses on drafting concise, coherent and persuasive legal arguments, covering style, vocabulary, sentence structure, and grammar as needed. Through an integrated approach to research and writing, the course will start with (1) narrative answers to discrete research exercises; followed by (2) case briefing, analysis, and synthesis; and culminating in (3) comprehensive assignments including practice exams and an opinion letter on a comparative law topic. Credits: 1
	LAW4 712 - Corporations (Law & Business) This course will consider the formation and operation of corporations and will compare corporations to other business forms. It will examine the roles and duties of those who control businesses and the power of investors to influence and litigate against those in control. The course will also address the special problems of closely held corporations and issues arising out of mergers and attempts to acquire firms. The course will use both new tools derived from the corporate finance and related literature and traditional tools to explore a wide range of phenomena and transactions associated with the modern business enterprise. Prerequisites & Notes Prerequisite: Accounting, Corporate Finance. Credits: 3
	LAW4 714 - Legal Issues in Corporate Finance (Law & Business) This course examines legal issues that arise from different financing choices made by corporations. The main objective is to understand the relationship between a corporation and its investors, how the courts have viewed and treated that relationship, and what, if any, changes may be necessary in our and the courts’ perspective. Topics include firm valuation in change-of-control transactions and in bankruptcy, and the rights of debt-holders and preferred stockholders. Prerequisites & Notes Prerequisite: Accounting and Corporate Finance (or equivalent graduate, undergraduate or practical training in both subjects), Contracts, Corporations or Corporations (Law & Business) Credits: 3
	LAW4 722 - First Amendment Freedoms This elective sequel to the required introductory course focuses significantly on First Amendment doctrine and theory, including free speech, freedom of the press, and religion. Prerequisites & Notes Prerequisite: Constitutional Law. Credits: 3
	LAW4 724 - Germs and Justice: Infectious Diseases and the Law This course examines legal issues associated with efforts to prevent or limit the spread of infectious diseases. It begins with a historical overview of early infectious disease treatment and prevention methods, how the existence of infectious diseases has influenced the development of public health law, and the effectiveness and impact of public health law measures designed to control infectious diseases. It then moves to current issues such as the use of voluntary and mandatory quarantine; identification and notification requirements; mandatory screening, testing, and treatment; and the government’s role in combating infectious diseases, including its regulation of vaccine and medication research and development and proprietary rights to the products of this research and development. It also addresses some international issues and how proposed responses to bioterrorism comport with existing public health measures and related law. Credits: 3
	LAW4 733 - Jurisprudence, Sex, and Gender This course investigates the bodies of jurisprudence that regulate and construct sex, sexual orientation, and gender in contemporary culture. Like other social institutions, law explicitly assumes that there are two sexes and two sexual orientations, and it implicitly, but powerfully, acknowledges the existence of two distinct genders. The emergence and development of constitutional and statutory rules concerning classifications based on sex and sexual orientation, and the ways in which they interact with formal and informal gender norms are studied. The course explores a range of issues that affect the lives of men and women, whether straight or gay or both, including education and employment opportunities, military service, marriage and divorce, pregnancy related questions and parental rights, and the criminal regulation of sexuality and sexual orientation. Credits: 3
	LAW4 734 - Holocaust and the Law This course explores the pursuit of legal justice in the aftermath of the Holocaust. We will study legal responses to the Nazi genocide of Europe’s Jews as they developed in the United States, Europe, and Israel from the immediate aftermath of the Holocaust to the present. We will examine the Nuremberg Tribunal, German trials of Nazi war criminals, national trials of collaborators, the Kastner and Eichmann trials in Israel, the development of the U.S. Office of Special Investigations, legal efforts for restitution and the restoration of Jewish property, and the recent libel trial in England of an American historian of the Holocaust. The course will end with an examination of the impact of Holocaust-related trials on legal responses to recent atrocities and the establishment of the International Criminal Court in The Hague. Mindful of the postwar historical context, we will pose the question whether legal responses to the Holocaust have delivered justice not only to the victims but also to history and memory. In this vein, we will ask how the pursuit of legal justice after the Holocaust affects our understanding of the legal process. Credits: 3
	LAW4 738 - International Financial Architecture This course focuses on the history and evolution of one of the world’s oldest securities markets—the market for sovereign debt. The central question is that of how this market works to tackle sovereign insolvencies. Unlike with corporations, sovereigns cannot declare bankruptcy; over the years, there have been numerous proposals for a sovereign bankruptcy court to be established. This course examines the viability of some the leading proposals, as well as market alternatives. Credits: 3
	LAW4 745 - Comparative Corporate Governance This course begins with a characterization of the issues relating to corporate governance, including the principal-agent problem, nexus-of-contract theory, shareholder supremacy versus stakeholders’ interests, and limited liability. The course then moves to a comparative legal analysis, examining the structure of the corporation in various jurisdiction (U.S., EU, Societas Europea, France, Germany) with discussions of, among other topics, the board system versus the two-tier system, the role of the shareholders’ meeting, and the role of auditors. Other topics include the sources of applicable rules and regulations; protection of shareholders’ rights; composition of corporate boards, including co-determination on the board level; and corporate groups, especially multinational groups. Credits: 2
	LAW4 750 - Rights This seminar will examine the nature of and possible justifications for claims of right. Readings will be from both classical and contemporary sources, including the works of philosophers, legal theorists, and political theorists. Questions addressed will concern the nature of rights (e.g., their roles in moral and legal theory and reasoning, their proper analyses and constituent parts, their possible contents, etc.), the (alleged) general varieties of rights (e.g., moral, natural, human, conventional, institutional, legal, cultural), the possible properties of rights (e.g., imprescriptibility, inalienability, forfeitability, absoluteness, etc.), and possible justifications for claims that particular rights exist. In addition, we will conclude the seminar with a careful consideration of one kind of right—to many theorists the most important (or, perhaps, the only) kind—namely, property rights. Credits: 3

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Course Descriptions

LAW3 620 - Commercial Law: Sales and Sales Finance

LAW3 621 - Secured Transactions

LAW3 623 - Bankruptcy

LAW3 626 - Nonprofit Organizations

LAW3 627 - Complex Civil Litigation

LAW3 628 - Constitutional History II: From Reconstruction to Brown

LAW3 629 - Comparative Constitutional Law

LAW3 631 - Constitutional Law II: Church and State

LAW3 634 - Constitutional Law II: Freedom of Speech and Press

LAW3 637 - Constitutionalism: History and Jurisprudence

LAW3 639 - Corporate Tax

LAW3 640 - Corporate Finance

LAW3 641 - Corporations

LAW3 642 - Criminal Adjudication

LAW3 644 - Criminal Investigation

LAW3 646 - Employment Law or Employment Law: Contracts, Torts, and Statutes

LAW3 647 - Employment Discrimination

LAW3 648 - Intellectual Property: Copyright

LAW3 650 - Contemporary Political Theory

LAW3 651 - Environmental Law I

LAW3 652 - European Legal Systems

LAW3 653 - Evidence

LAW3 655 - Family Law

LAW3 656 - Water Law

LAW3 657 - Federal Courts

LAW3 660 - Federal Criminal Law

LAW3 662 - Federal Taxation of Gratuitous Transfers

LAW3 663 - Federal Income Tax

LAW3 668 - Food and Drug Law

LAW3 669 - Health Care Law

LAW3 670 - Immigration Law

LAW3 672 - Insurance

LAW3 674 - International Taxation

LAW3 675 - International Business Transactions

LAW3 676 - International Civil Litigation

LAW3 677 - International Human Rights Law

LAW3 678 - International Law

LAW3 679 - Employment Law: Principles and Practice

LAW3 682 - Judicial Role in American History

LAW3 683 - Philosophy of Law

LAW3 684 - Labor Law

LAW3 687 - Law and Economics

LAW3 689 - Accounting: Understanding and Analyzing Financial Statements

LAW3 690 - Advanced Legal Research

LAW3 693 - International Criminal Law

LAW3 694 - Intellectual Property: Patent

LAW3 696 - Constitutional History I: Articles of Confederation Through the Civil War

LAW3 701 - Genetics and the Law

LAW3 703 - Land Use Law

LAW3 719 - Disputes and Remedies I & II (JAG)

LAW3 720 - Advanced Topics in the Law of War I & II (JAG

LAW3 725 - Negotiation Institute

LAW4 600 - Issues in Poverty Law

LAW4 601 - Legislation

LAW4 602 - Local Government Law

LAW4 604 - Mental Health Law

LAW4 608 - National Security Law

LAW4 609 - Indian Law

LAW4 610 - Oceans Law and Policy

LAW4 614 - Presidential Powers

LAW4 615 - Professional Responsibility

LAW4 618 - Employee Pension and Welfare Benefits

LAW4 619 - Refugee Law and Policy

LAW4 620 - Remedies

LAW4 622 - Social Science in Law

LAW4 623 - Securities Regulation

LAW4 627 - Sports Law

LAW4 629 - Personal Injury Law

LAW4 630 - Trusts and Estates

LAW4 631 - Intellectual Property: Trademark and Unfair Competition

LAW4 632 - Virginia Practice and Procedure

LAW4 633 - Real Estate Transactions: Principles and Practice

LAW4 635 - Advanced Trusts and Estates

LAW4 636 - Partnership Tax

LAW4 638 - Immigration Law Clinic

LAW4 643 - Conflict of Laws

LAW4 652 - Entertainment Law

LAW4 656 - Ideas of the First Amendment

LAW4 659 - Foreign Relations Law