Frequency of Course Offerings The courses listed on the following pages have been taught in recent academic years; not all courses are offered each year. The nature of the Law School curriculum allows significant variations in course titles and course content depending on the interest of the faculty members.
Note For the current year’s specific course offerings, including pre-requisites and mutually exclusive courses, please consult the Course Offering Directory (COD), School of Law. This COD, along with other current information about the Law School, may be found online at www.law.virginia.edu.
LAW1 603 - (4)
Adjudication process. Federal practice provides the focus.
LAW1 605 - (4)
Provides a functional analysis of the various parts of the Federal Constitution and an examination of the techniques the Supreme Court uses in dealing with them.
LAW1 606 - (4)
An examination of the legal obligations that attach to promises.
LAW1 609 - (3)
Exploration of the general principles of criminal liability. Modern statutory developments provide a significant focus for study.
LAW1 620 - (2)
Legal Research and Writing
Research exercises and several written assignments are used to introduce students to legal research, legal reasoning, and the writing of legal memoranda and briefs.
LAW1 623 - (4)
General introduction to property concepts and different types of property interests. Principal focus is real property interests. Surveys present and future estates in land, concurrent ownership, leasehold interests, conveyancing, various land use restrictions and eminent domain. Personal property issues are also considered.
LAW1 629 - (4)
A course in the law and theory pertaining to accidents and injuries caused by wrongs that are often uncontrolled by contract, constitutional, or criminal law. Medical malpractice, pollution, and automobile accidents are three of the many subjects of tort law.
LAW2 604 - (3)
This course will provide an introduction to the basic mathematical tools that a lawyer needs. The topics covered will be drawn principally from probability, statistics, and finance. The course will emphasize the use of statistical and quantitative reasoning in litigation (such as employment discrimination, toxic tort, and voting rights cases) and in policy debates.
LAW2 609 - (3)
Mergers and Acquisitions
Prerequisite: Corporations This course focuses on the role of law and lawyers in the evaluation, design and implementation of corporate acquisitive transactions, including mergers, asset sales, share exchanges and tender offers. Primary attention will be devoted to corporate and securities law issues relevant to mergers and acquisitions, including the Williams Act, state statutory and case law, as well as important forms of private ordering, such as poison pills, lockups, earnouts and the allocation of risks by the acquisition agreement. Relevant accounting and tax issues will be covered, albeit more briefly.
LAW3 602 - (4)
Much federal law that governs private behavior is the product of administrative agencies like the Environmental Protection Agency, the Food and Drug Administration, or the Occupational Safety and Health Administration. These agencies of course operate pursuant to statutes approved by the legislature, but, in implementing those statutes, these agencies are, in some spheres, the dominant law-givers of the federal system. This course is an introduction to the special body of law that governs such agencies at the federal level. It examines the constitutional and statutory constraints on the operation of federal administrative agencies. The course will first consider the status of agencies within the constitutional structure by examining the relationship of agencies to the legislature and their place within the executive branch. Students will then examine agencies' two dominant policymaking tools (rulemaking and adjudication). Finally, students will study the constitutional, statutory, and common law doctrines that govern judicial challenges to administrative action.
LAW3 605 - (3)
Agency and Partnership
This course is an introduction to the legal consequences of people acting on behalf of other people or organizations. The course also serves as an introduction to business organizations other than the corporation, including partnership and limited liability entities. The course provides students with the basic tools necessary to help clients structure their affairs in a manner consistent with their personal and business aspirations, and in a manner that minimizes unwanted liability.
LAW3 606 - (3)
Substantive Due Process
This course examines the recurrent effort to articulate substantive constitutional rights under the rubric of the Constitution's due process clauses. We will focus on the reasons why substantive due process is both threatening to and required by liberal theories of constitutionalism. Among the topics we will cover are economic liberties, abortion and procreative rights, the right to sexual autonomy, and the right to die.
LAW3 608 - (2)
Alternative Dispute Resolution
This course is an overview of dispute resolution processes alternative to litigation, including negotiation, mediation, mini-trial and others. Particular emphasis will be given to arbitration, its theoretical and statutory foundations, and its procedures. The role of lawyers in ADR applications will be examined. Comparisons will be made of various ADR methods with traditional litigation and with one another, particularly regarding effectiveness in specific context. Negotiation and mediation simulations will be conducted by students.
LAW3 609 - (3)
American Legal History
This course examines principally nonconstitutional dimensions of American legal development between the late 18th and early 20th centuries. Topics to be considered may include private law and economic development; crime and punishment; the law of slavery; family law; immigration and citizenship; and legal education, culture, literature and reform.
LAW3 612 - (3)
This course focuses on the Sherman and Clayton Antitrust Acts (other than the Robinson-Patman Act) and the principal Supreme Court opinions construing these statutes. The purposes of the course are three-fold. First, to prepare a student to provide counsel or conduct litigation in the antitrust area. Second, to introduce the student to the history of the law's efforts to identify those private arrangements or practices inconsistent with competition. Third, to explore the relevance of economic analysis to these problems.
LAW3 616 - (3)
Civil Procedure II
Prerequisite: Civil Procedure
This course picks up where the first semester of civil procedure leaves off, and is designed to acquaint the student with some of the more complex aspects of private and public law litigation. The class will pay particular attention to multi-claim multi-party litigation, including class actions, as well as the problem of parallel state and federal court litigation. The course will also consider other aspects of the civil litigation process, such as the right to trial by jury. In addition, the course may explore in greater depth some of the topics that may have been introduced in the first semester, including issue and claim preclusion, and appeals.
LAW3 617 - (3)
This course is a continuation of the study of basic contract law and theory. The main focus is the performance stage of contracts -- the content of the performance duty; the law of conditions (express, implied, and constructive), including the grounds for excuse of conditions; the effects of nonperformance; breach in its various forms, and permissible responses to breach. The course also examines the standard contract defenses (mistake, misrepresentation, and changed circumstances); selected problems presented by standardized form contracts ("public policy" and "unconscionability"); various tort/contract overlaps (warranty, promissory fraud, misrepresentation, nondisclosure, negligence), including the contracting out of tort liability; and the rights and duties of nonparties, notably third party beneficiaries.
LAW3 618 - (3)
Civil Rights Litigation
Prerequisite: Constitutional Law
This is a course in advanced and applied constitutional law. It focuses on lawsuits against public officials and governments - ranging from police officers and local school boards to statewide officials and the President. The bulk of the course looks at constitutional and statutory claims brought under 42 U.S.C. § 1983. We will consider topics such as what it means to act "under color of state law;" absolute and qualified immunities; government liability for the acts of individual officials; monetary and injunctive relief; and the remedial issue nearest and dearest to many lawyers' hearts: attorney's fees awards.
LAW3 619 - (3)
This course surveys the field of electronic communications --a.k.a. the law of the information highway. Historically the field of communications has been divided between the traditional mass media -- broadcasting, cable, satellite broadcasting -- and telecommunications media --wireline and wireless telephone carriers. Today the two general divisions are converging. One of the vehicles of that convergence is the Internet -- which straddles the historic divide between mass media and telecommunications media. This course will examine legal issues affecting all of these media. Major themes of the course include: how to manage a "scarce" resource (the scarce is a contested label); the conflict between firms and between media; the conflict between competition and monopoly, (and the role of regulation and antitrust in creating both); the conflict between free speech and regulation; the conflict between self governance (in the case of the Internet, anarchy) and regulation; and, the conflict between different regulators (federal, state and local).
LAW3 620 - (3)
This course examines the law governing the domestic and international sale of goods. These relationships will primarily be explored through Article 2 of the Uniform Commercial Code and the United Nations Convention on contracts for international sales of goods. The course will emphasize the use of statutory default rules to define the commercial relationship and to allocate commercial risks, and the capacity of contracting parties to bargain around those rules. There will be explicit consideration of whether legal doctrine should distinguish among different types of commercial relationships, e.g., long-term relational contracts versus one-shot, discrete transactions. Thus, we will discuss whether contracts that create different organizational forms (franchise relationships, joint ventures, independent buyer-seller) should be governed by different rules. The relative desirability of alternative damage rules will be explored in depth. Other topics will include the scope of Article 2, different forms of warranty liability, risk of loss, and commercial impracticability. There will be some attention to federal and state legislation and regulations that alter the principles of Article 2 where commercial parties enter into transactions with consumers.
LAW3 621 - (3)
This course covers the law governing the use of collateral in credit or lending relationships. The principal statute is Article 9 of the Uniform Commercial Code, which regulates (1) the enforcement of security interests in collateral and (2) the priority structure among security interests and between security interests and other rights in collateral (such as judicial and statutory liens, and the rights of transferees). A small portion at the end of the course concerns the treatment of secured creditors under bankruptcy law. This course offers a good introduction to the theory and practice of debt financing.
LAW3 623 - (3)
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.
LAW3 626 - (3)
The course will survey 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 will examine the formation, dissolution, and governance of nonprofits, consider state regulation of charitable solicitations, and analyze tax and tax policy issues related to nonprofits.
LAW3 627 - (3)
Complex Civil Litigation
This course will address the dramatic expansion of the role 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.
LAW3 628 - (3)
Constitutional History II: From Reconstruction to Brown
The course will begin with the political and legal upheaval that followed the Civil War, and conclude with the Supreme Court's decision in Brown v. Board of Education and its immediate aftermath. It will address both the constitutional doctrines of the judiciary, such as those dealing with limitations on the power of Congress and the States to regulate the economy, and areas of constitutional practice in which the courts' role was secondary or minimal.
LAW3 629 - (3)
Comparative Constitutional Law
Prerequisite: Constitutional Law or the consent of the professor
The seminar will explore the idea of a constitution and of constitutionalism. What are the purposes of a constitution? What is entailed in the drafting 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 United States 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?
LAW3 631 - (3)
Constitutional Law II: Church and State
Prerequisite: Constitutional Law
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 many and 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.
LAW3 634 - (3)
Constitutional Law II: 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 and the right to petition). 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 WWI, 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, the prohibition on content regulation; and a variety of context-specific issues, such as campaign finance regulation, access to the public forum, and broadcasting.
LAW3 637 - (3)
Constitutionalism: History and Jurisprudence
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 the 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.).
LAW3 639 - (3)
Prerequisite: Federal Income Tax
This course deals with the problems and 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.
LAW3 640 - (3)
This course takes a financial and economic perspective of the corporation. The central theme is determining the value of 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, financial statement analysis and projections, capital markets, market efficiency, cost of capital, capital structure theory and practice, capital budgeting decisions, firm valuation, and option valuation.
LAW3 641 - (4)
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.
LAW3 642 - (3)
This course examines the adjudication of criminal cases from "bail to jail." Topics will likely include bail and preventive detention, prosecutorial discretion, case screening by preliminary hearing and grand jury, the right to effective assistance of counsel, discovery, the right to jury trial, double jeopardy, guilty pleas and plea bargaining, sentencing, and habeas corpus. Although some attention will be given to statutory federal rules, the course will emphasize the constitutional doctrines that govern the adjudication process.
LAW3 644 - (3)
This course examines the constitutional doctrines that surround and control the investigation of crime - in particular, the doctrines that define what the police can and cannot do. The primary topics will be the law of searches and seizures, police interrogation, and the fifth amendment privilege against self-incrimination. With respect to each of these topics, we will aim both to cover the basic doctrine and to explore underlying themes.
LAW3 646 - (3)
In contrast to the traditional labor law course, which focuses on collective bargaining, this course offers students 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 course coverage varies somewhat from year to year, we will consider such topics as contract & 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. We may also discuss other topics in this exceptionally broad field including FMLA, COBRA, WARN, OSHA, UI, workers' compensation and much more.
LAW3 647 - (3)
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.
LAW3 648 - (3)
Intellectual Property: Copyright
In this course we study the federal copyright statute, as well as its pre-emptive effect on other doctrines (in particular state law doctrines) which protect rights in intellectual and artistic property. Some of the specific topics we will cover are subject matter of copyright; infringement; fair use; ownership; duration and transfer; rights and remedies of copyright owners; copyright protection of computer software; and copyright issues peculiar to the internet, with particular reference to the Digital Millenium Copyright Act of 1998. Particular issues we will address include database protection; the legality of videotaping or photocopying copyrighted material including television programs, books, individual journal articles; the propriety of reverse engineering of copyrighted computer programs; peer-to-peer file sharing (i.e., Napster); and access controls and technological protection measures.
LAW3 650 - (3)
Contemporary Political Theory
This course provides students with the analytic tools for understanding the structure and role of political philosophy in normative debate. Toward that end, we will explore the foundations of contemporary liberalism as it finds expression in the work of John Rawls. At least half of the course will be devoted to understanding Rawls' liberal theory of the state. The remaining portion of the course will be devoted to a number of critiques and alternatives to liberalism. Among the authors we will discuss are Ronald Dworkin, Will Kymlicka, Thomas Nagel, Robert Nozick, Susan Okin, John Rawls, Michael Sandel, and R. P. Wolff.
LAW3 651 - (3)
The environmental movement of the last several decades has produced a complicated array of laws and policies that continue to evolve daily. This introductory course is designed to give students a basic grasp of those laws and policies and the concepts that underlie them; the legal practice that has grown up around them; and their potential for further change. We will address both conservation (e.g., Endangered Species Act) and pollution control (e.g., Clean Air and Clean Water Acts). Although the primary focus will be on federal legislation and regulatory programs, we will also explore some local, state and international dimensions. The materials and class discussions will seek to illuminate environmental practice as it exists today. This will include close examination of the interactions among key players - e.g., industry, agriculture, NGOs, courts, Congress, agencies and departments - in the development and application of the law. Encouraged by a recent spate of studies on the future of environmental programs, we will also address emerging directions in environmental law and policy, including partnerships and voluntary measures; taxes, subsidies and other incentives; and emissions trading.
LAW3 652 - (2)
European Legal Systems
This course will trace the development of European legal systems and methods from Roman law (the classical Roman jurists' law or property, torts and contracts as transmitted in Justinian's Digest) to modern civil codes (Austrian, French, German, Swiss and Russian). It will include a study of contemporary scholarly doctrine and jurisprudence of the courts. The course will also examine the ongoing process of harmonization of private law in the European Union.
LAW3 653 - (3 or 4)
The law of evidence is more than a set of rules to be assimilated. 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 30 states as well as the federal system.
LAW3 655 - (3)
This basic offering will focus on the legal regulation of marriage and other intimate relationships, and the parent-child relationship. Substantial time will be devoted to antenuptial agreements, divorce jurisdiction and grounds, economic aspects of marriage dissolution (including spousal support and division of property by courts as well as private ordering through contracts), the establishment and termination of non-marital relationships, establishing parenthood, child support, child custody, and adoption.
LAW3 657 - (4)
Prerequisite: Constitutional Law
This course is about the federal judicial system and its relationship to various other decisionmakers, 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).
LAW3 660 - (3)
Federal Criminal Law
The course will cover in detail the scope and doctrinal structure of the federal criminal law, as well as constitutional limitations on the reach of Congress's power to define federal crimes. Several of the most commonly prosecuted federal crimes, such as mail and wire fraud and RICO (which also have important parallel applications in the civil litigation context), will be explored in depth. The course will also cover the criminal provisions in the area of civil rights and certain controversial federal sentencing issues, including the sentencing guidelines and the recent return of the federal death penalty. Broader policy questions, such as federal prosecution policies and the merits of the federalization of crime, will also be discussed.
LAW3 662 - (3)
Federal Taxation of Gratuitous Transfers
Prerequisite: Federal Income Tax, Trusts and Estates
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.
LAW3 663 - (4)
Federal Income Tax
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.
LAW3 668 - (3)
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 - such as gene therapy, human tissue transplants, and cloning - and the ethics of drug testing.
LAW3 669 - (3)
This course surveys the law applicable to health care delivery in the US. Topics include: treating patients, industry structure, antitrust regulation, health insurance, organ transplantation, Medicare, Medicaid, and more.
LAW3 670 - (3)
This course will provide an introduction to 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 and philosophical issues, to selected questions of international law and politics, and to the interaction of Congress, the courts, and administrative agencies in dealing with major public policy issues in the immigration field. We will include consideration of current controversies such as immigration and terrorism, possible immigration amnesties, and the reorganization or abolition of the Immigration and Naturalization Service
LAW3 672 - (3)
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 the course is on the link between traditional insurance law doctrine and modern ideas about the functions of private law.
LAW3 674 - (3)
Prerequisite: Federal Income Tax
A survey of the income tax aspects (1) of foreign income earned by U.S. persons and entities, and (2) of 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.
LAW3 675 - (3)
International Business Transactions
This course deals with domestic and international legal regimes that affect or regulate transnational business transactions. Topics to be discussed include: institutional relationships, finance and capital markets, the regulation of technology transfer and international investment, and competition law.
LAW3 677 - (3)
International Human Rights Law
This course offers a thorough introduction to the theory and practice of international human rights law, with particular emphasis on the changing ways in which human rights law is made and used. Topics to be covered include: an introduction to basic principles of international law; the philosophical foundations of universal human rights; core international human rights norms and their foundations in the UN Charter and other treaties, how states incorporate human rights principles domestically (with particular focus on human rights law in US courts); recent human rights-based challenges to the idea of state sovereignty, an overview of international humanitarian law and the law of war, human rights and development. We will also focus on international systems and procedures for the protection of human rights, including the incorporation of human rights objectives into national diplomacy, the role of non-governmental organizations in human rights advocacy, humanitarian interventions, and recent efforts to enforce international humanitarian law through ad hoc criminal tribunals and the International Criminal Court.
LAW3 678 - (3)
This course is the basic offering in the international legal studies area. It examines the nature and sources of international law, the relationship between international law and domestic U.S. law, the role of international organizations such as the United Nations, some of the methods of resolving international disputes, the bases of international jurisdiction and sovereign immunity, and select substantive areas of international law, including the laws governing the protection of human rights and the use of force. Where relevant, the course will focus on current events.
LAW3 679 - (3)
Employment Law: Principles and Practice
Prerequisite: Employment Law, Employment Discrimination Law. With permission of instructor, prerequisite courses may be taken concurrently.
This course examines employment law doctrine and theory from a practical perspective. Problems drawn from litigated cases and counseling practice will illustrate how attorneys use these doctrinal rules and theoretical principles to control the legal consequences of their clients' employment relationships. Class discussion and weekly assignments will focus on topics such as: the standards governing vicarious liability for employment discrimination and employee torts, the task of designing internal complaint procedures, handling harassment and discrimination complaints, and responding to EEOC investigations, problems associated with drafting and litigating severance agreements, FMLA compliance issues, the interactions between the ADA and other statutes, and drafting, enforcement, and preclusion issues surrounding arbitration agreements.
LAW3 683 - (2)
The course focuses on selected issues mostly within what is broadly termed analytical and normative jurisprudence. Treatment will range 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.
LAW3 684 - (3)
This course examines the federal framework for collective bargaining in the private sector, including regulation of the organizing process; determination of representative status; the balancing of economic weapons; negotiation, administration, and enforcement of collective agreements; and protection of individual workers within the collective structure. Coverage includes the basic unfair labor practices committed by employers and unions, and special attention is given the overall question of remedies, including the relationship of the NLRB and the courts.
LAW3 685 - (3)
This course examines the law and practice of labor arbitration, which is the principal means for resolving disputes over the meaning and application of collective bargaining agreements. The main focus is the grievance-arbitration machinery, created by private agreement, and its coordination with courts and public law generally. The "common law" of arbitration is presented through contractual disputes involving such topics as discipline and discharge, management rights, seniority and subcontracting. The impact of law on the arbitral process is then considered, most notably the development of a federal common law of labor arbitration. The course will take account of the fact that arbitration under collective agreements has come to serve as a model for resolving employment disputes outside the union-management setting.
LAW3 687 - (3)
Law and Economics
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.
LAW3 689 - (3)
Accounting: Understanding and Analyzing Financial Statements
The principal goal of this course is to provide an understanding of the concepts of financial accounting and the resulting 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 Financial Accounting Standards Board, and the Internal Revenue Service will be delineated. Upon completion of the course, the student should be able to understand how components of financial statements such as inventories, plant and equipment, bonds, leases, sales revenues, cost of goods sold expense, and depreciation expense are measured and reported. In addition, the student should be able to analyze financial statements to derive more information about a corporation.
LAW3 690 - (3)
Advanced Legal Research
Prerequisite: Legal Research and Writing
Legal research is a basic part of the practice of most beginning attorneys. This course explores recent developments in the field and provides an overview of print and electronic research approaches. Topics to be discussed include basic primary and secondary sources, including legislative history and administrative law; cost-effective use of online systems; research in specialized areas and transnational law; the use of business and social science resources; the role of the World Wide Web in legal research; and nontraditional approaches to finding legal information.
LAW3 692 - (3)
Law and Political Participation
This course examines the way law structures political participation. Much of it is concerned with voting, including the franchise itself, access to the ballot by candidates, and the design of electoral districts. Issues concerning the latter include the choice between single-member and multi-member districts, the relative and absolute size of districts, and the drawing of district lines (often known as gerrymandering when done with an eye to some political result). The course also deals with the legal regulation of political campaigns, including especially campaign finance and the role of political parties.
LAW3 693 - (3)
International Criminal Law
Introduces students to a variety of problems posed by the investigation or prosecution of criminal laws in the international arena. It first 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 other topics, including money laundering, the forfeiture of illegally obtained assets, U.S. laws impacting on U.S. business overseas (e.g., the Foreign Corrupt Practices Act and the export control laws), 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. Primary source material is emphasized, including international treaties, decisions of United States and foreign courts, and federal statutes.
LAW3 694 - (3)
Intellectual Property: Patent
This course will examine both the theory and practice of patent law. In particular, it will cover the central elements of this branch of intellectual property: patentable subject matter, utility, statutory bars to patentability, novelty, nonobviousness, disclosure and enablement, infringement, defenses, damages, remedies, the examination process, and more. In addition to legal and policy analysis, the course will teach some practical aspects of patent litigation and interpretation.
LAW3 696 - (3)
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.
LAW3 701 - (3)
Genetics and the Law
This class will explore various legal issues that arise in the context of the new genetic technologies. The initial sessions will provide an introduction to 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 five topical areas: (1) Genetic Privacy and Access to Genetic Information, including questions of population screening and use of DNA as a unique identifier; (2) The Forensic Use of Genetic Information, particularly in the context of litigation; (3) Reproductive Issues, including legal "regulation" and monitoring of genetic diseases, and the implications of novel techniques of reproduction that make use of genetic technology, such as cloning; (4) Alteration and Ownership of Biologic Forms, where genetic engineering raises intellectual property issues; and (5) Genetic Risks in the Context of Employment and Insurance, focusing on public policy foundations of genetic anti-discrimination law.
LAW3 703 - (3)
Land Use Law
This course will explore the legal regulation of how land may be used, 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 zoning and planning. 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 Taking Clause; housing discrimination on the grounds of race, income, lifestyle, and disability; "environmental justice" issues, including regional obligations of municipalities for noxious facilities; 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, market-based alternatives to regulation.
LAW3 721 - (3)
Business Planning for Mergers and Aquisitions
This course first focuses on various topics that are important in M&A transactions involving both closely-held and publicly-held corporations, including directors duties, shareholder voting and dissenters' rights, basic issues under the Federal securities laws, fundamentals of Federal income taxation and accounting, and basic issues in antitrust and pre-merger notification. The course then turns to an analysis of various forms of acquisition, including acquisitions of stock and assets of closely-held corporations and acquisitions of publicly-held corporations in negotiated and hostile transactions.
LAW3 725 - (3)
Prerequisite: Second or third year status.
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. Students will engage in a number of negotiation exercises designed to highlight various factors relevant to bargaining interactions.
LAW4 601 - (3)
While much basic American law is unwritten, statutes, constitutions, and other forms of written law are pervasive, especially at the federal level. This course is concerned with statutes, and in particular with the process that creates them, the methods used to interpret them, and the relationship between the legislative process and statutory interpretation.
LAW4 602 - (3)
Local Government Law
Local government law examines the function of local governments in the American legal and political system. The course considers the federal and state constitutional provisions, statutes, and structural arrangements that affect the capacity of state and local governments to perform basic functions effectively, equitably, and in a politically accountable manner. Specific topics include: the formation of local and sub-local governments; the scope of local autonomy with respect to land use, taxation, zoning, policing, education, and the provision of public services; federal-local, state-local, and inter-local relations; the relationship between cities and suburbs; and the impact of race on the structure of metropolitan governance. We will be employing legal doctrine as well as political and social theory in exploring these issues.
LAW4 604 - (3)
Mental Health Law
In this course, students will address legal issues that pertain to the treatment of individuals with mental illness or mental retardation. The course will explore the delivery of mental health services, the regulation of the mental health professions, and the relationship between society and people with mental disability. The course's interdisciplinary approach will include periodic guest lecturers from the disciplines of psychiatry, psychology, social work, and social services, as well as presentations by relevant legal practitioners. Likely topics include: (1) the nature of psychiatric diagnoses and mental disorders, (2) the right to treatment and community services, (3) professional liability for malpractice, (4) civil commitment, (5) relationships between criminal and civil justice systems, (6) benefits eligibility, (7) protection against discrimination, and (8) client competence and surrogate decision making for incompetent clients.
LAW4 608 - (3)
National Security Law
This course, taught by the principal founder of the field, is a comprehensive introduction, blending relevant international and national law. It defines national security and presents information about the causes of war and traditional approaches to preventing war, including information about the "democratic peace" and other newer approaches. The course examines the historical development of the international law of conflict management. It then takes up institutional modes of conflict management, including the United Nations system and the role of the Security Council. Addressing the lawfulness of using force in international relations, the course discusses the prohibition of war as an instrument of national policy, the Rio Treaty and the revised charter of the Organization of American States, and low-intensity conflict, intervention, anticipatory defense, and other continuing problems. It then examines several case studies of specific national security issues, including the Indochina War, the "secret war" in Central America, the Gulf War, and Kosovo, as well as case studies in United Nations 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, providing an overview of the protection of non-combatants 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 examines terrorism and the post 9-11 war against terrorism. It briefly reviews American Security Doctrine, then turns to the general issues of strategic stability and arms control, examining nuclear weapons and their effects, and general arms control negotiations. It briefly addresses the security aspects of oceans law, then examines in detail the national institutional framework for the control of national security, including the authority of Congress and the president to make national security decisions, and 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, and ends with a review of individual rights and accountability as they interface with national security.
LAW4 609 - (3)
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 in the early days of the Republic three of them authored by the same Chief Justice, John Marshall, who is one of the early architects of Constitutional Law. Accordingly, the course can be viewed as a study of legal history. But Indian Law 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 thus a second theme of the course. Indian Law will appeal to those interested in U.S. history, in federal courts, in human rights and community autonomy, and civil litigation.
LAW4 610 - (3)
Oceans Law and Policy
This course is taught by the former U.S. Ambassador and Chairman of the National Security Council Interagency Task Force on the Law of the Sea, which coordinated United States oceans policy during the critical negotiations leading to the 1982 Law of the Sea Convention. The course begins by examining the goals of oceans policy, outlining both community and United States' interests; providing several 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 UN Conference on the Law of the Sea and the 1982 UN 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, fisheries management and aquaculture, continental shelf development, coastal zone management, and organization of the national oceans policy process and the future of oceans policy.
LAW4 614 - (3)
Prerequisite: Constitutional Law
This course will consider a variety of issues involved in the application of law to the President's functions. Many such issues present questions of constitutional law that fall under the general rubric of "separation of powers" or "checks and balances." Therefore we will necessarily examine as well the reach of powers vested by the Constitution in other branches of government. Other issues primarily involve statutory construction or public administration. The course will include a review of such processes as law enforcement (including the institution of the independent counsel), program administration (including relations with the so called independent federal agencies), budgeting and accounting, the line item veto, executive privilege, and presidential claims of immunity. To a limited extent, we will also cover presidential authority under the war powers and in the field of foreign affairs. 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 attempt to develop an approach for making sound judgments on the distribution and exercise of governmental powers, even when traditional sources are lacking.
LAW4 615 - (2 or 3)
This course presents an overview of the law of lawyering, focusing on the problems presented by the various roles of a lawyer as an agent of his or her client, an officer of the court, and a member of the legal profession. Topics include prohibited assistance, competence, confidentiality (including the attorney-client privilege), and conflicts of interest, and may include duty to the court and the lawyer-client relationship. Although the course will cover the ABA's Model Rules of Professional Conduct, a major theme of the course is the relationship, and often the tension, between the duties imposed by ethics rules and the lawyer's obligations under "other law," including criminal law, tort law, contract law, constitutional law, procedural law, and agency law.
LAW4 618 - (2)
Employee Benefits Law (ERISA)
Prerequisite: Federal Income Tax is recommended
"Employee benefits" are the inventions of employers, unions, lawyers, actuaries, and other consultants and can represent a major portion of an employee's compensation package, including pensions, profit-sharing and thrift plans, employee stock ownership plans, other forms of deferred compensation, medical/health plans, disability benefits, life insurance, severance pay, and all sorts of minor fringes ranging from free parking to extended leave. This benefit "package" grows significantly each year as the population ages and medical costs rise. In addition, private and governmental pension plans now own nearly 8 trillion dollars and represent a major part of the U.S. economy. The course will examine the regulatory policies and statutory rules governing the design and operation of these plans, now covered by a comprehensive statute, ERISA, and correlative tax provisions. Attention will be paid to the federal tax rules which provide favorable tax benefits to accumulations in private (and governmental) plans, including various types of tax favored savings accounts (IRAs), contributions and payment of benefits. The course is not predominantly a tax course, however, and emphasis will be placed on the labor provisions of ERISA in relation to the growing amount of litigation involving employee benefits. Other federal statutes barring discrimination on account of age, sex, and disability, bearing on the design and delivery of employee benefits will also be considered. The Social Security system will be examined for comparative purposes, and proposals to "privatize" Social Security by requiring contributions to individual savings accounts will be analyzed. Subjects covered in the course include protection of employee rights to benefits; standards for the behavior of plan assets managers and other plan fiduciaries; tax restrictions on qualification of pension plans, amounts which may be contributed to such plans, and distributions to participants and their beneficiaries; preemption of state laws; the interests of spouses and third parties in funded pensions; and judicial review of the scope of fiduciary decision-making. Materials include Langbein & Wolk, Pension and Employee Benefit Law, 3d edition (Foundation Press) with 2002 Supplement, statutory and regulatory prints, and photocopied supplements.
LAW4 619 - (3)
Prerequisite: Immigration Law or permission of the instructor
This course will provide an opportunity to learn in detail the basics of refugee law and the procedures involved in adjudicating claims to political asylum, as well as to explore selected advanced topics. Those topics will include some or all of the following: 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).
LAW4 620 - (3)
Much of law is concerned with the substantive standards that govern conduct, such as the standards that determine whether a breach of contract, a tort, or a crime has taken place. Another set of questions concerns the consequences of wrongful conduct and in particular the relief provided to the victim through the courts. The law of remedies addresses the second set of questions. This course is about the consequences of civil liability and the legal and equitable actions courts take for litigants who have been wronged or who are about to suffer wrong. (It does not deal with the substantive standards that determine whether conduct is wrongful.) Topics will include damages measurement, injunctive relief, declaratory judgments, restitution, and punitive civil remedies.
LAW4 622 - (3)
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.
LAW4 623 - (3)
This course covers the federal regulation of the issuance and trading of securities. It examines the issuance process in detail, with attention to the Securities Act of 1933 and the intricate regulations and rules promulgated by the Securities and Exchange Commission. The definition of a security, selling process in public offerings, disclosure obligations, exemptions from registration, civil liability, and Rule 10b-5 of the Securities Exchange Act of 1934 will be studied. The course will apply basic principles of financial economics as analytic tools.
LAW4 624 - (3)
This course covers the full range of issues involving sex discrimination and gender equality in public life, at work, and in the home. The emphasis in the course, however, is on constitutional law and the federal statutes, such as Title VII, prohibiting discrimination on the basis of sex. The different treatment of race and sex, the proper definition of gender roles (if any), and the appropriate remedies for past discrimination also figure prominently in the course.
LAW4 627 - (3)
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.
LAW4 629 - (3)
Personal Injury Law
This course begins by examining cases of vicarious liability (including but not limited to respondant superior) as an example of the strengths and weaknesses of tort law in seeking to spread losses from personal injury. The course goes on to examine 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. The course closes with a close study of the operation of the contingent fee in personal injury cases.
LAW4 630 - (3)
Trusts and Estates
The course covers interstate succession (when a decedent dies without
a will); the execution, revocation, republication and revival of
wills and codicils; probate procedure and grounds for contest of
wills; requisites for the creation and termination of private trusts;
problems with charitable trusts; basic material on interrelating
testamentary and inter vivos transactions including contracts to
make wills; the effect of change on dispositive descriptions and
limitations in wills including problems pertaining to common law
lapse and the anti-lapse statutes. Relevant tax aspects are considered
but the course is not a substitute for courses in Estate and Gift
Taxation or the Income Taxation of Trusts and Estates.
LAW4 632 - (3)
Virginia Practice and Procedure
The course is organized and presented primarily for students who intend to practice law in Virginia. Since the course deals with the procedure of one jurisdiction, there is considerable practical depth in the study of the workings of litigation in Virginia. 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, involving a study of the Rules of Court and the procedural statutes as well as the applicable case law.
LAW4 633 - (3)
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. Substantial attention is paid to 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, including the use of REITs and UPREITs, investment by tax exempt institutions and issues raised by debt securitization. Attention will also be paid 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.
LAW4 634 - (3)
Intellectual Property: Unfair Competition
This course will examine how legal rules affect the production and dissemination of commercial information. It will cover trademark law, trade secrets, trade dress, the right of publicity, and misappropriation law. For trademark law, the course will further examine the subject matter of trademark and trade dress protection, the need to establish secondary meaning, what constitutes likelihood of confusion, types of trademark infringement, remedies for trademark infringement, and defenses to trademark infringement claims.
LAW4 635 - (2)
Advanced Trusts and Estates
Prerequisite: Property, Trusts & 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.
LAW4 636 - (3)
Prerequisite: Federal Income Tax
This course will examine the basic principles in the application of the federal income tax to partnerships and their partners. 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. Time permitting, the course will also examine and compare the taxation of other pass-through business entities such as S corporations, corporations filing a consolidated return, trusts, and other entities with more specialized purposes.
LAW4 642 - (2)
This course will examine sales and payments law in the context of international transactions. Topics will include the United Nations Convention on the International Sale of Goods, documentary transactions and letters of credit under both Article 5 of the Uniform Commercial Code and the Uniform Customs and Practices, and special problems involved in dealing with foreign sovereigns (e.g., the Foreign Sovereign Immunities Act). We will also take a comparative approach by looking at the way different legal systems handle similar doctrines of sales law, e.g., warranties and risk of loss. We may spend some time on Article 4A of the Uniform Commercial Code (funds transfers).
LAW4 643 - (2)
Conflict of Laws
This course examines the rules and principles that govern the resolution of multi-jurisdictional conflicts of laws in the United States. The central issue throughout the course is, simply, what law governs a multi-jurisdictional dispute? We will consider various theoretical bases for choice of law principles, as well as the principal constitutional limitations on choice of law. We will also devote some class time to advanced issues of in personam and in rem jurisdiction, the Erie doctrine, and in particular, to the recognition and enforcement of judgements.
LAW4 650 - (2)
International Trade Law and Policy
Prerequisite: International Law or International Economics are recommended, but not required.
This course introduces the institutions and rules governing trade between sovereign states. Policy perspectives are taken from international economic theory and theories of international relations. The focus is the emergent World Trade Organization, the North American Free Trade Agreement, and various institutions of U.S. trade policy. The course also considers extraterritorial aspects of major regulatory schema, such as Antitrust and Intellectual Property.
LAW4 654 - (3)
Pre-Trial Litigation: Principles & Practice
This Principles & Practice course deals with civil litigation from the initial pleadings through discovery and a wide variety of motion practice events. Students will draft pleadings, conduct discovery activities, and make a number of motions. Motion practice covered will include injunction applications, motions addressed to the pleadings (principally Rule 12 motions for failure to state a claim), venue motions, a range of discovery motions, review of Magistrate Judge decisions, and summary judgment. The course emphasizes the creation of clear and effective pleadings, and powerful briefs. Brief writing in motions at the trial court level is a central focus. Pleadings and motion papers will be submitted at intervals throughout the semester, and occasional oral arguments conducted on pending motions. Readings include leading cases on the procedural doctrines with which the students are working (pleading requirements, venue, amendment, discovery devices, dismissal motions, Magistrate Judge proceedings, summary judgment), along with illustrative samples of actual briefs and discovery paperwork for critique and discussion. Case files with detailed and realistic background materials will also be provided for use in drafting pleadings, discovery and motion papers.
LAW4 656 - (3)
Ideas of the First Amendment
Prerequisite: Constitutional Law
The principal goal of the course is to develop an understanding of the central ideas of the First Amendment tradition regarding freedom of speech and religious liberty. The emphasis is on how those ideas emerged in various historical periods from particular political, legal, and intellectual struggles. Each week is devoted to one major thinker in the tradition. Philosophical and polemical essays are studied as well as judicial opinions. We will read essays and opinions by, among others, John Milton, John Locke, Thomas Jefferson, James Madison, John Stuart Mill, Learned Hand, Oliver Wendell Holmes, Louis Brandeis, and Alexander Meiklejohn. The course will end with a study of the ongoing debate within the Supreme Court in a succession of cases between Justices Scalia and Souter over the fundamental principles of the First Amendment.
LAW4 659 - (3)
Foreign Affairs Law
Prerequisite: Constitutional Law. International Law recommended, but not required.
This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. The topics to be discussed 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 preemption 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. Classes will center on candid discussion about the issues raised in the assigned materials.
LAW4 661 - (3)
Employment Law Clinic
Prerequisite: Employment Law or Employment Discrimination Law recommended, but not required.
This yearlong clinical course is designed to give students first hand experience in the practice of employment law, 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. In cooperation with the Legal Aid Justice Center and local attorneys, students will participate throughout the year in litigating actual employment cases. These cases may include wrongful discharge actions, unemployment compensation claims, employment discrimination charges, or any other claims arising out of the employment relationship. Specific assignments will vary according to the inventory of cases available at the time, but students should be able to conduct client interviews, participate in discovery, draft motions, and assist with trial preparation. It may also be possible for students to argue some motions (with appropriate Third Year Practice Certification).
LAW4 662 - (3)
The course will cover laws and programs whose central aim is to protect human health from exposure to toxic chemicals - pesticides, air and water pollutants, and industrial chemicals. The course will touch on statutes also examined in Environmental Law - including the Clean Air Act and the Water Pollution Control Act - but it will focus on laws designed specifically to regulate toxics. A major objective of the course will be to acquaint students with the scientific research methods and the analytical tools that agencies such as EPA, OSHA, and FDA rely upon to determine which chemicals are dangerous and at what levels.
LAW4 663 - (3)
Federal Land and Natural Resource Law
This course provides an overview of the legal (and non-legal) regimes that govern the acquisition and control of natural resources. The course examines the history of the federal public domain, including statehood grants, homestead acts, and the creation of national forests, national parks, national wildlife refuges, and the Bureau of Land Management system. The course discusses the constitutional and statutory issues raised by the division of authority between the federal government and the states, as well as the division of authority between Congress, agencies, and the courts. The course also provides an introduction to the common law and federal statutory control of specific recourses including water, wildlife including endangered species, hardrock minerals, oil and gas, marine fisheries, and public lands dominated by recreational and/or preservation uses.
LAW4 664 - (3)
Prosecutorial Function: Principles & Practice
Prerequisite: Criminal Investigation
The course will examine the theoretical, ethical and doctrinal principles and the practical constraints governing the exercise of the prosecutorial function at both state and federal levels. We will focus 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.
LAW4 678 - (3)
This team-taught course will explore many of the different legal issues surrounding the internet. Particular consideration will be given to whether and how the internet challenges existing legal categories and concepts. For example, how well do traditional notions of property fit the new territory? Will existing legal doctrine channel the development of the internet or will the sometimes novel demands of the internet force change in existing legal doctrine? Or both? We will likely look at most of the following substantive areas, among others: copyright, patent, trademark, privacy, personal jurisdiction, torts, cyber crime, antitrust, sales, communications law, and taxation.
LAW4 680 - (3)
Legislative Process & Statutory Interpretation
Focusing on the federal level primarily, students will examine the contemporary legislative process, including the role of interest groups and the effect of lobbying, and the legal issues implicated by recent legislative reform proposals. Some state issues will also be explored such as single-subject requirements, line item veto dynamics, and constitutional provisions designed to reduce interest group influence. Students will discuss topics such as the constitutional and political theories of representation, campaign finance reform, ballot initiatives and referenda, term limit proposals, the federal budget process, unfunded federal mandates reform, due process of lawmaking theories, and ballot access requirements. These issues are discussed from legal, economic, and political perspectives, and theoretical conclusions will be applied to practical examples of actual legislation. In addition, the course will cover theories of statutory interpretation, including the respective role of statutory text, canons of construction, legislative history, administrative regulations, and other interpretive sources.
LAW4 681 - (2)
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 application of contract law, antitrust law, and to some extent arbitration and labor law, on disputes and legal issues relating to the sports industry. Particular attention will be given to professional sports leagues and individual sports. Neither the application of law to amateur sports nor the application of tax law to sports is covered in this course.
LAW4 683 - (3)
Duty to Obey
This course will examine debates concerning our (alleged) moral duty to obey the law (and, more generally, our "political obligations"). We will explore in the process the justifications that have been offered for the various kinds of legal disobedience. Readings will be from contemporary sources in political philosophy and legal theory, and we will consider (among other things) arguments concerning consent, fairness, justice, associative responsibilities, civil disobedience, conscientious refusal, violent resistance, and revolution.
LAW4 686 - (3)
This course will cover the law governing liability arising from the manufacture, distribution, and sale of products. The course will tie the theoretical to both the doctrinal and practical aspects of this area of law. It will consist largely of an overview of the relevant case law, statutes, and administrative regulations, including the relatively new Restatement (Third) of Products Liability.
LAW4 686 - (3)
This course will cover the law governing liability arising from the manufacture, distribution, and sale of products. The course will tie the theoretical to both the doctrinal and practical aspects of this area of law. It will consist largely of an overview of the relevant case law, statutes, and administrative regulations, including the relatively new Restatement (Third) of Products Liability.
LAW4 688 - (3)
This course will provide a thorough grounding in some important areas at the intersection of law and bioethics. Some of these topics include: the physician-patient relationship (autonomy, informed consent, competency, confidentiality, divided loyalties), medical research, organ transplantation, death and dying (brain death, forgoing life-sustaining treatments, "duty to die", advance directives, medical futility, and physician-assisted suicide), abortion (philosophical arguments and legal frameworks), and maternal-fetal conflicts (late abortion, forced C-sections, drug-using mothers). At times we will compare medicine to law, e.g. a comparison of the attorney-client relationship to the physician-patient relationship, to help us examine the issues involved.
LAW4 689 - (3)
Introduction to Jewish Law
In this course we study the development of Jewish law; its moral, socioeconomic, and political underpinnings; and its jurisprudential tradition in two areas - family law and criminal law. We cover several specific topics in Jewish law, including moral rights and duties; marriage and divorce; capital punishment and self-incrimination; the impact of the Holocaust on Jewish law; and Jewish law in modern Israel. Many of the reading assignments will come from case law. In addition, we will examine the law of capital punishment directly from Tractate Sanhedrin of the Talmud, the authoritative classical source of Jewish law.
LAW4 700 - (3)
Regulation of the Political Process
This course considers regulation of the right to vote and otherwise to take part in the political process. The course looks at three sorts of interests: participation, aggregation, and governance. Examples of participation issues include various restrictions on the franchise itself. Examples of aggregation issues include constitutional and statutory constraints on apportionment and districting, as well as the more mechanical question of how we decide who has won an election (e.g., the litigation surrounding the 2000 presidential election). And issues of governance include, for example, the constitutionally and desirability of direct democracy and the role of political parties.
LAW4 701 - (3)
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 will cover 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 of this course will be 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.
LAW4 705 - (3)
International Health Policy
What is a good health system? How do we know whether a health system is performing well? What makes a health system fair? These questions will be addressed through a comparison of the financing, delivery and operation of health systems in different countries throughout the world. The course will focus on both the differences in health system performance, as measured by death, disability, morbidity, access, and patient satisfaction, and the differences in health system inputs, including personnel, facilities, and infrastructure. The course will use the U.S. health care system as a basis for comparison. Throughout the course, the legal and economic systems, as well as particular case studies, will be examined. Topics will include insurance, reimbursement mechanisms, the management of data and privacy, and public-private mix.
LAW5 601 - (3)
Indochina War: Legal and Policy Issues
Prerequisite: International Law or National Security Law recommended, but not required.
Few national security law issues have been more controversial or more misunderstood than America's tragic involvement in Indochina, and to profit from our past mistakes we must first ascertain what really happened and what went wrong. Not only is it useful to review the old Indochina debates in the light of recent evidence (e.g., what really happened in the Gulf of Tonkin in August 1964?), but the conflict provides a rich case study for examining a diverse range of broader national security legal and policy issues, including the legal regulation of the initiation of coercion and the conduct of military operations, the role of Congress in the use of military force (e.g., the 1973 War Powers Resolution), and legal regimes governing war crimes and the treatment of prisoners of war.)
LAW5 602 - (3)
American Legal History Seminar
This seminar considers aspects of American legal development between 1865 and 1965. Reading and class discussion will focus on civil rights, labor law, and corporations, with special attention to changing structures of governmental intervention and legal thought. Topics chosen for individual research must be related to the seminar's principal themes (legal theory and the changing structure of legal order) but need not focus on the topics we will explore as a group.
LAW5 605 - (3)
The seminar covers problems involved in dealing with Department of Justice and Federal Trade Commission proceedings and in dealing with private suits, including mergers, joint ventures, intellectual property matters, and international trade matters. There is coverage of bread and butter advice that companies need for distribution, pricing, and other aspects of their regular business planning. The seminar also discusses the economic theories that provide much of the underpinning of antitrust law. The seminar concludes with a mini moot court, which consists of an appellate brief and an oral argument, and provides an opportunity to gain practical experience with a real life antitrust problem.
LAW5 606 - (3)
War and Peace: New Thinking about the Causes of War and War Avoidance
Prerequisite: National Security Law or International Law useful.
This interdisciplinary seminar will explore some of the latest thinking about the causes of international armed conflict and the ways in which future wars might be avoided and peace preserved. This seminar builds upon work they began more than a decade ago as, respectively, the first Chairman of the Board and president of the congressionally-established U.S. Institute of Peace. Recent studies by Yale Professors Donald Kagan (History) and Bruce Russett (Political Science), and by University of Hawaii Political Science Professor Rudy Rummel, will be examined, along with a number of traditional intellectual approaches ranging from international law, arms control, and world federalism, to deterrence theory. Case studies of past wars will be examined to test competing theories.
LAW5 607 - (3)
Hallmarks of Distinguised Advocacy
Each session consists of two roughly equal parts, an instruction segment and a learn-by-doing exercise. The first hour will focus on a discreet aspect of advocacy, featuring presentations and demonstrations by one or more seasoned oral advocates interspersed with videotape selections from famous actual or movie version trials, other famous and infamous oral presentations (inaugural addresses, "I Have a Dream," and others), audio tapes from Supreme Court arguments and other materials designed to illustrate both superb and disastrous oral work. The second hour of each class will give the students an opportunity to perform short, and be critiqued on, oral advocacy exercises.
LAW5 608 - (3)
Advanced Criminal Law
Using case law and legislative materials, as well as "real" world scenarios such as pre-trial restraints, indictments, forfeitures, and parallel civil actions, we will examine the relationship between new devices and old concepts. The object will be not only to master the most novel and ambitious aspects of federal criminal law, such as RICO, money laundering, and criminal and civil forfeitures, but also to think creatively about how (or whether) these approaches can be reconciled with traditional notions of criminal responsibility, due process, and fair play. Among the topics to be covered will be the vagueness doctrine and complex criminal and regulatory offenses; forfeitures, pre-trial restraints, and due process; the distinction between civil and criminal actions; money laundering and its consequences for right to counsel and attorney-client privilege; and the tension between sentencing guidelines and enhancements and due process and jury trial guarantees.
LAW5 610 - (3)
Business Reorganization Under Chapter 11
Prerequisite: Bankruptcy recommended, but not required.
This seminar will focus on the practical and strategic applications of Chapter 11 of the Bankruptcy Code. The seminar will examine applicable statutory and case law with particular emphasis on hypothetical and actual fact situations to demonstrate how the Chapter 11 process work. Legal and tactical considerations confronting debtors and creditors in a business reorganization will be analyzed so that students can appreciate the negotiation, litigation and transactional components of a Chapter 11 case. At the conclusion of the semester, students will participate in a mock Chapter 11 plan confirmation hearing presided over by a United States Bankruptcy Judge.
LAW5 611 - (2)
Prerequisite: Constitutional Law
The seminar is a survey and discussion of selected contemporary problems in civil liberties such as freedom of speech, freedom of the press, censorship, religious liberty, rights of privacy, academic freedom, sexual orientation, and alcohol and drug abuse, using both case law and contemporary writings as base materials. There is some overlap with Constitutional Law II, as to both subject matter and particular cases addressed.
LAW5 615 - (3)
The Rule of Law: Controlling Government in Contemporary Legal Thought
The seminar reviews the growing body of information about government failure internationally and domestically; examines theoretical approaches to explaining such failure, including public choice theory; and then examines the implications for the rule of law and constitutional and legal reform as applied to controlling government. Each session seeks to develop the meaning and importance of the rule of law, and to involve the students in development of a legal framework for controlling government, empowering the individual, and celebrating human freedom. Case studies reviewed this year will include social security reform, campaign finance reform, the property rights movement, and promotion of democracy.
LAW5 619 - (5)
Criminal Defense Clinic
Prerequisites: Criminal Procedure (any version), Evidence, Professional Responsibility, and eligibility for Third Year Practice Certification. Negotiation Institute recommended, but no required.
The Criminal Defense Clinic is designed to provide for a first-hand, experience based study of the processes, techniques, strategy, and responsibilities of legal representation at the trial level. The casework component of the clinic will engage the students in the representation of defendants in actual criminal cases arising in the local courts under the direct supervision of an experienced local criminal defense attorney.
LAW5 622 - (3)
Criminal Procedure Seminar
Prerequisite: Criminal Adjudication or Criminal Investigation recommended, but not required.
The seminar aims to develop a working familiarity with the law and procedural rules governing conduct of a criminal case at the trial court level, and their practical and tactical application. Pretrial and trial stages are covered, including: grand jury proceedings, indictments, immunity grants, pretrial motions, pretrial discovery, plea bargaining, motions and objections during trial, evidentiary issues arising on direct and cross-examination, post-trial motions, sentencing, protecting the record for appeal. The seminar is based upon the Federal Rules of Criminal Procedure and comparable provisions of State jurisdictions, and also covers certain provisions of the Federal Rules of Evidence which have particular pertinence to criminal trials.
LAW5 630 - (3)
Environmental Practice Clinic
The Southern Environmental Law Center will supervise up to three students per semester. These students will engage in supervised environmental practice activities at the Center, which is located at 201 West Main Street in Charlottesville, VA. Deborah Murray, David Carr and other attorneys at the Center will participate in the supervision. Examples of cases which may be pending are Clean Water Act citizen suits, wetlands cases, air permit appeals, road project cases, NEPA challenges, and forest management cases. Students will be involved in legal and factual research, as well as writing pleadings, briefs and other significant documents.
LAW5 638 - (3)
First Amendment and the Arts
Prerequisite: Constitutional Law
This seminar focuses on the varied and complex interaction between constitutional protection for freedoms of expression and the creative and performing arts. Topics covered include the impact on the arts of obscenity laws, and of civil suits seeking damages for the consequences of creative activity; special problems in the display and performance of controversial works; constitutional issues raised by restrictions on government funding of the arts; and current policy issues such as regulating violence in entertainment and on television.
LAW5 642 - (3)
Historic Preservation Law
The seminar reviews the structure of historic preservation law in the U.S. at the federal, state, and local level, and the policy issues facing governmental units regarding the preservation of historic buildings and sites. Comparisons are made to programs in other countries and to efforts undertaken at the international level to foster preservation. The course includes visits to area preservation sites.
LAW5 648 - (3)
Emerging Markets: Principles and Practice
This seminar explores the legal and regulatory structures affecting foreign investors seeking to participate in the development of the so-called "emerging markets," and in particular in the restructuring of formerly socialist economies. Topics to be covered include: forms of foreign investment and commercial transactions, local accreditation, taxation, the privatization process, intellectual property protection, import-export regulations, currency controls, project and conventional financing, banking, the development and regulation of capital markets, securities and commodities exchanges, financing, labor law, environmental protection, and antitrust issues. The core of the seminar will be based on an actual investment project involving the development of energy resources in Russia. Russia is used throughout the course as an example of an emerging market presenting particular characteristics and problems that provide important insights into emerging markets elsewhere in the world.
LAW5 649 - (3)
Antitrust Review Mergers in a Global Environment
Prerequisite: Antitrust, undergraduate economics coursework, or similar experience recommended, but not required.
In this seminar, students will learn how domestic and international mergers and acquisitions are reviewed under the antitrust laws, with an emphasis on U.S. antitrust law at the federal level. Topics will include market definition and measures of market concentration; theories of liability for anticompetitive horizontal, vertical and conglomerate mergers; methods for predicting anticompetitive effects; failing firm, efficiencies, and other defenses; remedies; and enforcement mechanics. We will also spend some time on extraterritorial application of U.S. merger law, merger control law in Europe, and the problems associated with mergers that are subject to challenge under the antitrust laws of more than one country. Case studies will include the recent decisions in the SBC/Ameritech and Boeing/McDonnell Douglas mergers. Assigned reading for the course will go beyond U.S. Supreme Court decisions, which are often outdated in this field, and include leading lower court decisions, government enforcement guidelines, filed complaints, consent settlements, proposed legislation, and other "nontraditional" materials.
LAW5 652 - (3)
Appellate Litigation Clinic
Prerequsite: Third year status
This yearlong clinical course provides students the opportunity to brief and argue one or more appeals before a federal appeals court. The rules and procedure applicable in the federal appellate system will be examined. Fundamentals of oral and written appellate advocacy will be discussed, with a focus on each student's individual work project.
LAW5 657 - (3)
Law and Higher Education
Prerequisite: Constitutional Law helpful, but not required.
This seminar focuses on the areas of the law with particular application to the operations of institutions of higher education. Topics include institutional governance and policy making; faculty and student rights and responsibilities; Constitutional issues involving application of the guarantees of the First, Fourth and Fourteenth Amendments; civil rights issues, including diversity and affirmative action, the rights of the disabled, and gender-based issues; liability issues in the institutional setting; research-related issues; issues concerning affiliated entities; and the legal implications of increasing technology in higher education.
LAW5 659 - (3)
Alternative Dispute Resolution: Mediation
Basic approaches to mediation will be explored through readings, exercises, discussion and role play. Topics will include styles of handling conflict, negotiation, strategies for non-adversarial problem-solving, and the role of advocates and advocacy in non-traditional dispute resolution. Techniques will be demonstrated and students will participate in role playing to sharpen their own skills both as advocates and neutrals. Mediation skills training will be conducted over a weekend in the middle of the semester and will be a requirement for completion of the course.
LAW5 660 - (3)
Government Ethics: Conflicts of Interest, Lobbying and Campaign Finance
There is increasing concern in Congress and in the various state legislatures about the rules governing conflicts of interest, lobbying and campaign finance. Particularly at the state level, where legislators generally are part-time and have vocations outside the legislature, conflicts of interest often are hard to avoid, and the appropriate remedy when they do arise is not always clear. Should the remedy for a potential conflict be disqualification from participation in the consideration of a measure, or merely a requirement to disclose the conflict, leaving it to the electorate to decide at the ballot box whether a person has engaged in inappropriate conflicts? Should the rules cover "appearances" of conflicts, or be limited to actual conflicts? Lobbying presents equally difficult issues. Particularly at the state level, where individual legislators' staffs and committee staffs are quite small, lobbyists often play an essential role in the legislative debate on issues. Yet lobbyists can abuse their access to legislators. What is the appropriate balance and how should it be achieved? Finally, it is an unfortunate fact of politics that campaigns cost money--increasingly, a great deal of money. What restrictions have legislatures and courts placed on the financing of campaigns, and what reforms are necessary? These issues are of great importance to the fabric of our society. But they also have practical implications for lawyers. It is becoming increasingly difficult for clients to conduct business with government officials and agencies without a reasonably sophisticated grasp of the rules governing conflicts of interest, lobbying and campaign finance. Clients expect their lawyer to be familiar with these rules.
LAW5 662 - (3)
Legislative Drafting and Public Policy
Each student in this seminar will draft legislation and supporting documentation on an issue of particular interest to the student. Where possible, students will be put in touch with the staff member of the Office of the Attorney General, General Assembly, or Division of Legislative Services (Virginia's legislative drafting office) who is interested in the issue being researched by the student. Topics researched by students in past semesters include: domestic violence, euthanasia, sexual harassment, gun control, recycling, oil spill liability, migrant farm workers, hostile corporate takeovers, sexually transmitted diseases, fetal abuse, dram shop legislation, non-tidal wetlands, animal rights, campaign finance reform, conflicts of interest, joint custody, criminal records checks for child care workers, drug testing of public employees, surrogate parenting, workfare, the State lottery, hate-violence, and landlord-tenant law revisions.
LAW5 664 - (3)
This seminar examines the issues of institutional design and structure that confront the modern legal world. It will introduce the student to the fundamental features of different legal systems, especially those in Europe and parts of the developing world. The efforts of formerly communist countries to create new legal systems has provoked a critical review of the achievements and deficiencies of the Anglo-American and Continental legal traditions as well as considerable experimentation with hybrid institutions. The seminar will consider the influence of ideology on law, the reform process, this influence of various models, and the realization of institutional change in constitutional, civil, criminal and administrative law. It will also examine the impact of international institutions such as the European Union and the European Court of Human Rights on domestic law.
LAW5 671 - (3)
Psychiatry and Criminal Law
This interdisciplinary seminar will focus on intersections between the criminal justice and mental health systems, drawing on the expertise and experiences of psychiatrists, clinical psychologists, and social workers, as well as lawyers and their clients. In addition to traditional seminar class sessions, the course will include the observation of live and videotaped psychiatric evaluations conducted through the Forensic Clinic at the Institute of Law, Psychiatry and Public Policy and a visit to the forensic unit of a state psychiatric hospital. Specific seminars will explore contemporary issues in forensic psychiatry including: (1) adjudicative competency (e.g. competency to stand trial, competency to waive rights), (2) criminal responsibility (e.g. the insanity defense, diminished capacity), (3) mental health expert testimony, (4) mental disorder and violence, (5) criminality and mental illness; (6) capital cases, (7) juvenile offenders, and (8) sex offenders.
LAW5 676 - (3)
Tobacco Policy Research Seminar
Participants in this interdisciplinary seminar will review and discuss recent empirical research bearing on laws and policies regarding prevention of smoking and the regulation of cigarettes and other tobacco products, including taxation and pricing, advertising and promotion, youth access, FDA jurisdiction, effects of anti-smoking media campaigns and warnings, environmental tobacco smoke restrictions, etc. Many sessions will feature presentations by UVa faculty members conducting research under the auspices of a grant from the Virginia Tobacco Settlement Foundation, as well as by other invited speakers from other universities. Students and faculty will be drawn from medicine, economics, psychology, political science and other disciplines.
LAW5 680 - (5)
The Prosecution Clinic
This yearlong clinical course will expose students to all aspects of the prosecutorial function. Through a combination of classroom lectures and discussions, readings, and a field placement in one of several local participating prosecutors' offices, students will explore a range of practical, ethical and intellectual issues involved in the discharge of a prosecutor's duties and responsibilities including the exercise of discretion in the decision to initiate, prosecute, reduce or drop charges; interaction between prosecutors and investigative agencies and law enforcement personnel; dealing with victims and other witnesses; and relationships with defense counsel. Ethical issues may include: discovery and exculpatory evidence, duty not to prosecute on less than probable cause, cross-warrant situations, prosecution of multiple defendants and joint trial, witness recantation and preparation, and improper argument at trial.
LAW5 685 - (3)
In this seminar students are prepared for work in the trial court and for the atmosphere of the courtroom. Extensive use is made of simulated trial episodes. During the early weeks of the semester several phases of trial practice will be illustrated, and students will be given the opportunity to perform one or more of the functions of trial lawyers on their feet, such as direct and cross examination, opening statements, handling of exhibits, objections and closing argument. Some sections of the seminar require specific witness and juror service of each student enrolled. Instruction in the practice and technique of advocacy is provided during each class session. All sections schedule at least one full mock trial in the latter weeks of the term in which each student will serve as individual or co-counsel.
LAW5 686 - (2)
Trial Advocacy Institute
The Institute is directed by Professor Stephen Saltzburg, a former professor at the UVa School of Law, who holds the Howrey Chair in Trial Advocacy, Litigation and Professional Responsibility at the George Washington University Law School. The faculty consists of some of America's best trial lawyers and outstanding judges. The Institute represents the most advanced advocacy training that the Law School offers, and it has been widely regarded as one of the best programs in the country for more than 20 years.
LAW5 691 - (3)
Free Expression in Cyberspace
The first part of the course will address the nature of expression in new media, potential liability for threats and incitement on the Internet, remedies against digital defamation, the status of obscenity and child pornography in cyberspace, the increasingly complex issues of "indecent" Internet material and material that is "harmful to minors", and regulation of commercial speech (including "spam" or junk e-mail) on the Internet.
LAW5 694 - (3)
This seminar will examine the complex ways in which law is used to regulate the level of individual violence in society. Topics will include the uses of criminal law (e.g., deterrence, incapacitation, rehabilitation), public health law (e.g., gun control, drug and alcohol restrictions), mental health law (e.g., involuntary hospitalization) and tort law (e.g., liability for failure to prevent violence). Legal theory and empirical research will receive equal emphasis.
LAW5 695 - (3)
Current Legal Ideas
This seminar will explore the greatest hits in legal thinking over the last several years. Each week we'll look at an article pushing at the edge of some envelope in legal theory. Law and economics, legal feminist theory, and First Amendment theory will all be fair game. Indeed, we'll be looking at whatever looks most interesting and we'll be sure to spread out over the landscape so as not to be too narrow.
LAW5 698 - (3)
International Environmental Law
This course examines the legal, political, and scientific aspects of various problems of biodiversity and atmospheric pollution that are the subject of international treaties. Our legal analyses will focus on the texts of those treaties, but we will also examine relevant U.S. domestic law and some international trade law. The course will include a series of simulated international negotiating and drafting sessions aimed at reaching agreement on a climate change treaty.
LAW5 700 - (3)
Supreme Court Justices and the Art of Judging
Prerequisite: Constitutional Law
Key figures on the modern Supreme Court will be the focus of this seminar. We will consider selected justices - their background before coming to the Court, their major decisions, their jurisprudence, their interaction with other justices, their legacy. We will take stock of these justices both through their own writings and through the views of commentators, including judicial biographers.
LAW5 704 - (5)
Negotiation and Public Practice Clinic
Prerequisite: Third year status; second year students may apply. Negotiation Institute recommended, but not required.
This yearlong clinic provides students with an opportunity to develop practical skills in negotiation, legal writing, litigation, legislation, public policy, and politics through a yearlong internship in local government. Students will work under the supervision of a city or county attorney in the Charlottesville area and will assist in the development of public policy; negotiate cases involving land use, tax, environment or similar public policy issues; engage in third year courtroom practice (if applicable); and make presentations before local governing bodies. The course will enable students to experience firsthand the unique challenges and rewards of public practice and, at the same time, allow them to perform valuable community service.
LAW5 706 - (1)
Seminars in Ethical Values
Prerequisite: Third-year status. Second-year students may enroll beginning August 1.
The Mary Morton Parsons Seminars in Ethical Values are designed to enhance students' understanding of ethical issues and address the broader ethical and moral responsibilities of the lawyer as citizen and leader.
LAW5 707 - (3)
Estate Planning: Principles & Practice
Prerequisite: Federal Income Tax, Trusts and Estates, Federal Taxation of Gratuitous Transfers (this course may be taken concurrently)
This seminar will consider the principal tax and non-tax aspects of estate planning, with emphasis on sophisticated tax planning techniques for wealthy individuals. Topics to be covered will include: pre-marital planning with special attention to second marriages; use of marital deduction, credit shelter, and generation-skipping trusts; techniques for lifetime transfers of assets; use of charitable trusts and other deferred giving techniques; life insurance in estate plans; dealing with special assets, such as personal residences, art and other collectibles, farms and ranches, retirement benefits, and closely held businesses including family limited partnerships; planning for the payment of taxes, including both federal and state taxes; post mortem planning; fiduciary income tax planning; planning for possible changes in tax law; selection of beneficiaries, especially where there are no children, and the achievement of equity among family members and other beneficiaries; fundamental considerations in estate administration: comparison of wills, trusts, and other techniques; and ethical considerations in estate planning.
LAW5 709 - (3)
Guns, Germs, and Lead: Public Health Law and Ethics
This course will explore the legitimacy, design and implementation of a variety of policies aiming to promote public health and reduce the social burden of disease and injury. It will highlight the challenge posed by public health's population-based perspective to traditional individual-centered, autonomy-driven approaches to bioethics and constitutional law. Other themes center on conflicts between public health and public morality and the relationship between public health and social justice. Illustrative topics include mandatory immunization, screening and reporting of infectious diseases, prevention of lead poisoning, food safety, prevention of firearm injuries, airbags and seat belts, mandatory drug testing, syringe exchange programs, tobacco regulation, and restrictions on alcohol and tobacco advertising.
LAW5 711 - (3)
International and Foreign Legal Research
Prerequisite: Legal Research and Writing
This course provides a survey of research resources, methods and strategies unique to international and foreign law. Topics to be examined include public international law (e.g., the law of treaties), private international law (e.g., commercial law), foreign law, as well as selected topics of international interest such as arbitration, human rights, intellectual property, environmental law, trade law, etc. The main purposes of this course are to (1) introduce students to the components of a complex international legal problem; (2) develop research skills using basic print sources, online databases and the Internet; and (3) offer strategies on how and where to find the law and information.
LAW5 712 - (3)
Patent and Licensing Clinic
Prerequisite: Intellectual Property: Patent
The clinic involves instruction and practical training in patent drafting as well as the negotiation and drafting of patent and software license agreements. Students will participate in class sessions covering these topics and will be assigned to one or more significant drafting and counseling projects in one or both of these two areas. Other functions which the clinic experience is expected to cover include evaluation of inventions and computer software for patentability and commercial value, counseling of UVA faculty inventors regarding patentability, inventorship, and the patenting process, preparation, filing and prosecution of provisional U.S. patent applications, dealing with patent examiners and researching current issues in the fields of intellectual property and technology transfer. Some exposure to international patent applications under the Patent Cooperation Treaty may be possible. Resolution of disputes with licensees and possible infringers will be undertaken where appropriate.
LAW5 715 - (5)
American Expansion and American Law
This seminar will explore the various legal and constitutional issues that have arisen in the course of the territorial expansion of the United States from the eastern seaboard across the continent and into the Pacific and the Caribbean. Examples of the topics covered by the readings may include territorial acquisition (e.g., the Louisiana Purchase, the annexation of Texas, the Mexican Cession, Alaska, Puerto Rico and the Pacific Islands), Native American law and the removal of Native American populations, the regulation of slavery in the federal territories, the preservation of law and order in areas without effective civil authority, the legal status of indigenous inhabitants of acquired territories, clashes of legal culture along legal frontiers, and the formation of "creole" legal cultures.
LAW5 719 - (5)
Housing Law Clinic
nd or third year status. Negotiation Institute recommended, but not required.
This yearlong clinical course, offered in conjunction with the Legal Aid Justice Center, includes both a classroom seminar and supervised client representation in housing related cases and matters. The classroom component will focus on statutes and policies in Virginia and federal housing law, as well as procedural and evidentiary issues likely to be encountered in the litigation of housing cases. Instruction in client interviewing, negotiation and trial preparation (including mock trials) will also be provided. Throughout the year, students will also work with the Center's organizational clients to influence the allocation of state and federal funds to support housing for low income people. This work will include working closely with organizations such as the Public Housing Association of Residents to develop written comments and public testimony concerning the federally mandated Consolidated Plan and Public Housing Plan, and to provide other advocacy support in furtherance of these objectives.
LAW5 729 - (3)
Gender and the Law
This seminar will investigate the legal and political significance of gender in contemporary culture. Readings will focus on the history of the feminist movement, as well as on current developments in feminist jurisprudence, and will include many of the central texts concerning the ways in which gender does and should shape our individual and collective destinies. The seminar will explore a range of issues that affect the lives of women and men, including education and employment opportunities, pregnancy related issues and parental rights, marriage and divorce, as well as topics more directly concerning the regulation of sexuality and sexual orientation.
LAW7 601 - (3)
First Amendment Clinic
Prerequisite: Any Constitutional Law II: First Amendment course, or Civil Liberties
Conducted in conjunction with the Thomas Jefferson Center for the Protection of Free Expression (www.tjcenter.org), the First Amendment Clinic offers law students the opportunity to gain practical legal experience involving timely free speech and press issues. Supervised by the legal staff of the Thomas Jefferson Center, students enrolled in the Clinic work as a team in conducting legal research, meeting with clients, and co-counsel, and drafting legal memoranda and briefs. Assignments typically involve appellate-level litigation, although there are occasional trial-level opportunities. Students also work on a variety of non-litigation projects. Recent tasks of that sort have involved reviewing proposed municipal ordinances for potential First Amendment flaws, and the drafting for the American Bar Association of a handbook detailing media rights of access to the courtroom.
LAW7 603 - (3)
Current Issues in Federal Tax Policy
The seminar will cover a variety of significant federal tax policy issues currently under consideration in the Congress and in political and academic debates. Among these are current proposals to revise the present federal income tax or replace it, in whole or in part, with various forms of consumption taxes, including the so-called "flat tax," a value added tax used in many foreign countries, or a national retail sales tax. Attention will be given to current efforts by the Treasury to deal with "tax shelters" undertaken by corporations, and also by individuals, to reduce their federal income tax liability; efforts recently by U.S. corporations to go through a process of "inversions" so they become subsidiaries of new corporations organized in Bermuda or other countries having little or no income taxes; efforts to simplify the current income tax; to the relative tax burdens of single and married persons; to proposals to restructure the social security taxes and benefits; and to new problems involved in sales taxes and income taxes in international and interstate transactions via the Internet and e-mail.
LAW7 608 - (3)
Colloquium in American Legal History
This is a reading and discussion course in selected topics in the history and historiography of American law. Topics for consideration will include the law of slavery, Reconstruction, family law, immigration, citizenship, liberty of contract, freedom of speech, legal thought, and the civil rights revolution.
LAW7 609 - (3)
Persuasion for Advocates
This seminar will explore principles and techniques of persuasion as applied in the legal arena. After an initial review of techniques of persuasive oral advocacy, we will treat the application of those techniques in opening, closing, witness examination and oral argument. Other sessions will demonstrate the effective use of visual aids as persuasive tools and examine the application of persuasive principles in written advocacy. Lecture and discussion will be supplemented with copious videotape and audiotape examples of effective and ineffective advocacy.
LAW7 612 - (3)
Race and the Law
This course will examine the response of law to racial issues in a variety of contemporary legal contexts, with an emphasis on issues concerning African-Americans. Topics will likely include affirmative action, criminal justice, voting rights, interracial relationships and adoption, and hate speech.
LAW7 617 - (3)
First Amendment Theory
Prerequisite: Constitutional Law and any First Amendment course or permission of instructor.
The seminar will consist of two stages. First, we will devote a few weeks to acquiring an overview of general writing about the freedom of speech, including both philosophical and historical treatments. After that, we will devote each session to a close critique of one (relatively short, usually recent) law review article on the subject. The principal objective of the seminar is to sharpen skills of close reading and critical analysis. After the introductory weeks devoted to general background, the workload will be light in terms of sheer pages but heavy in terms of the command students are expected to have of the specific arguments in each article.
LAW7 619 - (3)
Supreme Court From Warren to Rehnquist
Prerequisite or Concurrent: Constitutional Law
The Supreme Court under Chief Justice Earl Warren is remembered as having been one of the most "activist" Courts in American history. During the years of Chief Justice Warren Burger, the Court seemed to lack a sense of direction, and the "counter-revolution" some observers had predicted never came about. Where do we see the Court under Chief Justice William H. Rehnquist going? Among the themes likely to be developed in this seminar are: (1) the origins of the Warren Court, that Court's legacy, and the extent to which that legacy survives today; (2) the relation between presidential politics and the work of the Court; (3) the interplay between the Court and the country at large; (4) specific doctrinal developments; (5) the philosophies of the individual justices; and (6) voting blocs and behavior on the Court.
LAW7 628 - (3)
High Technology Start-Ups and their Venture Capital Financing: Principles and Practice
Prerequisite or Concurrent: Corporations
This course deals with legal and business issues that arise in the context of representing emerging growth technology companies, with a particular emphasis on corporate formation, governance and capital structure, key employee contracts, venture capital transactions and intellectual property. The course will provide an introduction to practice in this area through the eyes of an attorney who is active in Northern Virginia's technology market and who practices with a Silicon Valley-based law firm. The course will include several practice exercises designed to introduce students, working in practice teams, to the process of structuring and executing transactions in this area
LAW7 630 - (3)
Law, Medicine, and Health Policy
This course will provide an overview of the health system in the United States with emphasis on the clinical and medical implications of health policy. It will compare and contrast the legal and medical perspectives on topics such as managed care, health care financing, public health, technology innovation, research on human subjects, professional licensure and credentialing, physician, hospital and insurer liability, and a variety of patient care issues.
LAW7 634 - (4)
Child Advocacy Clinic
Prerequisite: Second or third year status. Negotiation Institute recommended, but not required.
This clinical course is offered in conjunction with JustChildren,
a program of the Legal Aid Justice Center in Charlottesville. Students
enrolled in the Child Advocacy Clinic may represent children with
legal issues in the areas of (1) education law; (2) laws governing
access to services for incarcerated children; (3) mental health
and developmental disabilities law; and (4) foster care and social
services law. In some cases, students may work with the child's
Public Defender to develop sentencing options for the Juvenile Court
that will meet the child's needs. The seminar also will focus on
the development of the practical skills needed to become an effective
child advocate including interviewing, counseling, negotiation and
LAW7 639 - (3)
This seminar focuses on the ethical dimensions of the choices we make, individually and collectively, affecting the environment. Jointly led by an ethicist and an environmental lawyer, it will examine a range of theories and views about the right relationship between us humans and the world in which we find ourselves. These include utilitarian theories (including economic approaches); religious and cultural perspectives; environmental justice; ecocentric and biocentric theories; theories of the rights of animals and nature; deep ecology, ecofeminism, and place-based environmental ethics; and obligations to future generations. We will not only seek to come to terms philosophically with these theories and concepts but also explore how they might apply in actual policy settings.
LAW 7 640 - (3)
Intelligence Law and Policy
The seminar will provide background on the history of U.S. intelligence operations, and proceed to an overview of the present intelligence community structure including the creation, organization and functions of the National Security Council. Basic statutes and executive orders governing intelligence operations will be studied, along with the constitutional issues providing context for intelligence, such as separation of powers concerns. The executive department's intelligence powers will be reviewed, along with the powers of congress to regulate in the area and its oversight mechanisms. Judicial review of intelligence issues provides several interesting issues concerning resolution of policy disputes, classified information, state secrets, and the national security limits on judicial action. Regulation of intelligence gathering by the executive branch and the role of inspector generals in the intelligence process will be covered. The seminar will cover intelligence collection at home and abroad including the framework for such powers and the rights of United States persons and aliens with respect to such activities. Fourth amendment considerations in a world of sophisticated electronic surveillance devices will be reviewed. Espionage and related statutes concerning classified and state secret information will be studied. Related issues include prepublication review, polygraph testing, and secrecy agreements. Both the Classified Information Procedures Act and FISA will be studied. The relationship of the intelligence gathering and analysis process to both Freedom of Information Act concerns and the Privacy Acts will be considered. The legal and policy bases for covert action, domestic and international, will be studied. Finally, the class will consider the future of intelligence from a legal perspective, including the relationship to law enforcement, narcotics interdiction, combating terrorism and counterintelligence.
LAW7 641 - (3)
Law and Ethics of Psychiatric Care
This interdisciplinary seminar will address legal and ethical issues in psychiatric care. During the initial two or three meetings of the seminar, the instructors will orient the law students to the practice of psychiatry at the University and to basic medical concepts bearing on psychiatric practice. The following meetings will bring together residents, fellows and faculty from the Department of Psychiatry to explore such legal and ethical issues as coerced treatment, competence to consent to or refuse treatment (including life-sustaining treatment), surrogate decision-making and guardianship, constraints imposed by managed care, termination of treatment for patient misconduct, confidentiality, and the nature of psychiatric diagnosis. Efforts will also be made to identify areas of divergence and convergence in professional norms in law and medicine.
LAW7 643 - (3)
Perspectives on Gender and the Family
The seminar explores the legal regulation of family relationships and gender roles from various academic perspectives, through an examination of legal literature dealing with contemporary issues in the field. The first few weeks of the semester will be devoted to an overview of the issues and debates, and of different scholarly viewpoints, including historical, feminist, law and economics, and social science and law perspectives. After that, we will focus each week on a single law review article.
LAW7 644 - (3)
Special Topics in Mergers and Acquisitions
This seminar will focus on certain advanced topics in mergers and acquisitions, including the treatment of bank acquisitions, joint ventures, and telecommunications acquisitions. We will also look at valuation and strategic purposes for mergers. Students will be expected to participate in the discussions and present a paper on a particular topic.
LAW7 645 - (3)
Colloquium in International Relations Theory
This colloquium will explore contemporary thinking about international relations and international law. The goal is to introduce students to a representative survey of current debates and cutting edge research. Classes will alternate between preparation for presentations by outside speakers (principally professors of law and international relations at other universities) and sessions in which distinguished scholars will discuss their work in progress with the class. Preparation will consist of review of the literature on which this scholarship rests and analysis of the papers to be presented.
LAW7 646 - (3)
Community Mental Health Law and Ethics
This seminar will explore legal and ethical issues presented in the daily interactions between services systems and individuals with chronic mental illnesses. Issues include mandatory outpatient treatment, advance treatment directives, relationships between services and housing, roles of representative payees under the federal disability system for financial management, confidentiality and violence prevention. Overarching themes are assurance of adequate services and methods of engaging patients in successful treatment. The seminar will be conducted with the assistance of local mental health service providers and will involve interaction with clients.
LAW7 649 - (3)
Great Cases in Bioethics
An ongoing conversation about the role of law in medical and scientific practice shaped the current complexion of Bioethics as an area of study. A number of legal cases stand as signposts for critical moments in the history of Bioethics. This seminar explores those cases. Each week will feature a presentation prepared by a student and a discussion period that focuses on one or more seminal cases. Among the topics that will be surveyed are: informed consent (Schloendorf, Cobbs, Canterbury); the "right to die" (Quinlan, Barber); refusal of medical treatment on religious grounds (Jehovah's Witness and Christian Science Cases); sexual sterilization, birth control, abortion (Skinner, Griswold, Roe v. Wade); medical confidentiality (Tarasoff, Jaffee); assisted suicide and euthanasia (Quill, Kevorkian); disabled infants and medical futility (Baby K.); genetic technology (Moore, Buzzanca); and end of life decisions by surrogates (Cruzan).
LAW7 650 - (3)
Strategy in Civil Litigation: Principles and Practice
Prerequisites: Civil Procedure
This seminar will concentrate on skills needed in effective pretrial advocacy. It will emphasize strategy in pleading, motions and discovery practice. Through frequent in-class exercises and preparation of litigation documents, the seminar will stress both the style and substance of winning litigation techniques. Materials will be a text and actual pleadings, motions and discovery papers used in a variety of civil cases. The Federal Rules of Civil Procedure, particularly Rules 1-39, 41, 45, 54, 56 and 68, will be examined and applied to various factual scenarios. Complaints, answers, motions to dismiss and for summary judgment, discovery practice, preparation of expert reports and awards of attorneys' fees and costs will all be discussed in depth.
LAW7 655 - (3)
Mental Health Law Clinic
Prerequisite: Second or third year status.
This yearlong clinical course will be offered in conjunction with the Legal Aid Justice Center. Students will represent mentally ill or mentally disabled clients in negotiations, administrative hearings, and court proceedings (to the extent permitted by law) on a variety of legal matters, including: social security, Medicaid, and disability benefits claims, disability discrimination claims, access to housing, advance directives for medical care, and access to mental health or rehabilitative services. Under the supervision of an attorney, students will directly perform all of the lawyer functions associated with their cases including client and witness interviews, factual development, legal research, preparation of pleadings, negotiation and courtroom advocacy.
LAW7 656 - (2)
Patenting and Licensing Clinic II
The clinic involves instruction and practical training in patent drafting as well as the negotiation and drafting of patent and software license agreements. Students will participate in class sessions covering these topics and will be assigned to one or more significant drafting and counseling projects in one or both of these two areas. Other functions which the clinic experience is expected to cover include evaluation of inventions and computer software for patentability and commercial value,;counseling of UVA faculty inventors regarding patentability, inventorship and the patenting process; preparation, filing and prosecution of provisional U.S. patent applications; dealing with patent examiners; and researching current issues in the fields of intellectual property and technology transfer. Some exposure to international patent applications under the Patent Cooperation Treaty may be possible. Resolution of disputes with licensees and possible infringers will be undertaken where appropriate.
LAW7 657 - (3)
This seminar will examine the role of appellate courts in our legal system and provide a practical introduction to appellate litigation. Topics will include: the role of appellate courts (federal and state) in the American legal order; their jurisdiction and the scope and standards of review applicable to review of inferior tribunals; the distinctive functions of appellate courts in relation to trial courts; the distinctive functions of the two appellate levels; and U.S. Supreme Court practice. Material is also included on the contemporary role of the appellate advocate and the essentials of effective oral advocacy during the "crisis of volume" that now faces appellate courts in the U.S. Our study of these topics will be supplemented with practical, in-class oral argument assignments aimed at giving students the opportunity to develop their oral advocacy skills.
LAW7 658 - (3)
Commercial Real Estate Transactions
This seminar focuses on the practical and legal issues associated with the development and finance of commercial real estate transactions. The course will cover an in-depth review of real estate acquisition and development contracts including joint venture agreements; a review of construction and permanent mortgage loan documentation including appraisals, title insurance, survey, and environmental indemnities; and a review of various forms of commercial leases including office, retail and triple net leases.
LAW7 659 - (3)
Law and Political Economy in the Antebellum United States
The period between 1800 and 1860 was a time of rapid economic and technological development in the United States. Not surprisingly, these developments prompted judges and legislators to adapt a wide variety of public and private law doctrines to these changing circumstances. How best to interpret these adaptations has long been a point of contention among legal historians. This seminar will seek to understand and then contribute to that debate by exploring the history and historiography of the relations between law, political ideology, and competing theories of economic development in the antebellum period.
LAW7 660 - (3)
This seminar explores the design of democratic governments under constitutions. Using some basic tools of public choice and political theory (which we will learn as we go along), the seminar addresses a number of institutional design decisions confronting constitutional democracies. These decisions relate to, for example, federalism and decentralization; proportional representation versus plurality rule; parliamentary versus presidential systems; separation of powers, administrative agencies, and judicial review; property rights and redistribution; and protecting minorities. In addition, the seminar touches on broader questions about the relationship between constitutionalism and democracy. Illustrations and case studies are drawn from American constitutional law and political institutions as well as from other constitutional democracies.
LAW7 661 - (3)
Theories of Property Rights
This seminar will be devoted to a closer examination of some theoretical issues regarding the nature and justification of property rights including intellectual property rights. Topics to be covered include: What is property and intellectual property? What accounts for the emergence of property and intellectual property regimes? Are private property and intellectual property regimes justified? What is the role of the state in establishing property rights? When is the state obligated to compensate for interfering with private property rights?
LAW7 663 - (3)
Environmental Liability Litigation
This seminar will deal with both public enforcement of environmental standards and private suits that seek to curb environmental hazards or recover damage for harms attributed to such hazards. The practical process of bringing private actions for so-called toxic torts will receive particular attention, as will the different burdens of proof that private plaintiffs and government regulators must carry in order to end pollution or obtain penalties or compensatory relief. Special attention will also be given to the problem - involving both science and law - of proving that a pollutant or a product was in fact the cause of harm.
LAW7 665 - (3)
Practical Trial Evidence: Principles and Practice
This Principles & Practice class will explore the most commonly encountered evidentiary challenges in litigation today. Based on their combined 70 years of practice experience, the instructors have selected a number of the issues and problems in practical trial evidence that practicing attorneys must master to reach the top level of trial skills. These keys to success include forms of proof where the factual foundations are challenging, the law demands unexpected elements to support offered proof, or the unwritten aspects of trial practice interfere with "textbook" efforts to get proof in the record. Students will learn how to select among options to achieve evidentiary goals: different routes to obtain admission for the same or equivalent proof (and alternative objections to attain exclusion). The federal rules of evidence will be used in this class for most activities, and students will become familiar with the most important procedures that commonly face trial lawyers under these rules, along with several evidentiary issues where evolving case doctrines leave dramatic room for lawyering skill to make all the difference in determining whether items of proof are received, and thus whether cases are won or lost.
LAW7 667 - (3)
Law and Religion
Prerequisite: Constitutional Law helpful.
This seminar will consider the law that has developed under the establishment and free exercise clauses of the First Amendment. Given the highly contested condition of this area, we will not limit ourselves to discussing judicial decisions and doctrines, but will also consider historical and theoretical perspectives on the topic. The last few classes will be devoted to the presentation of papers prepared by participants in the seminar.
LAW7 669 - (3)
Law and Literature
This seminar will explore law, literature, and the multiple ways in which they are connected. We will focus on such topics as: the narrative turn within legal scholarship; the rhetorical and literary dimensions of legal texts and lawyers speech; methods of proof and persuasion in literary works; and literary representations of law and the legal. Texts will include excerpts from trials, cases, legal and literary scholarship, and works of fiction.
LAW7 770 - (3)
Morality of Criminal Law
Is it an essential presupposition of criminal responsibility that people have freedom of action and freedom of the will? Can we make sense of these ideas within our scientific world-view? To what extent does moral responsibility depend on sheer luck, and how would this affect the presuppositions of criminal responsibility? What kind of personhood, and ethical conception of the self, is assumed by criminal doctrine? Is there any conceptual and/or moral account of the action-omission distinction? What are the moral grounds, and the moral limits, of self-defense? These, and similar, questions will be addressed in the seminar. Each session will be devoted to a critical discussion of one article. We will read articles by Meir Dan-Cohen, Harry Frankfurt, J.J. Thomson, Thomas Nagel, Bernard Williams, Michael Moore, Francis Kamm, and others.
LAW7 771 - (3)
Topics in Legislation and Legislative Process
This seminar will explore various topics in the modern federal legislative process including regulation of political parties, theories of representation, the modern federal budget process, the filibuster and other procedural rules, term limits for lawmakers, congressional oversight, campaign finance reform, the influence of technology on democratic institutions, and the regulation of lobbying.
LAW7 772 - (3)
Contract Theory and Commercial Practice
This seminar will discuss recent advances in contract theory using relatively simple ideas from information economics, game theory and real options. The seminar will cover both commercial and financial contracts, and the manner in which each type of relationship addresses information imperfections and the need for flexibility in uncertain environments.
LAW7 773 - (5)
Capital Post Conviction Clinic
Prerequisite or Concurrent: Criminal Procedure (Investigation or Adjudication), Evidence.
This yearlong clinic will provide students with the opportunity to assist in litigating a capital habeas case, where students can expect to gain intensive experience handling certain phases of post conviction litigation. The clinic will be centered around cases assigned to the Virginia Capital Representation Resource Center. Early in the semester, students will be assigned in groups to a particular case. Ordinarily, students will receive the case at, or close to, inception (i.e., after denial of direct appeal by the Virginia Supreme Court).
LAW7 774 - (6)
Constitutional Law Scholarship and the Scholarly Process
This year-long seminar is designed to introduce students to modern constitutional law scholarship and to the scholarly process. The central goal is to simulate the steps a junior faculty member would follow in writing his or her first article, with each student producing by the end of the year a substantial paper. The bulk of the first semester will be devoted to a critical reading of significant articles in modern constitutional law scholarship, broadly defined. As the semester progresses, students will be expected to begin searching for a topic within the realm of constitutional law about which to write, using selected readings as the jumping off point for their own work.
LAW7 775 - (3)
International Ifs: Historical Hypotheticals
This seminar will explore international law in a broader, more historically oriented version of the hypothetical - the "what if?" speculations associated with various crucial events in the politico-legal history of 20th century international relations. What if, for example, the great powers of Europe had paid slightly more, or slightly less, attention to their alliance treaties in July and August of 1914? Would World War One have occurred at all? Would it have occurred but had a different outcome? To take a more contemporary example, what if the US Congress had challenged both the legal authority of the UN Security Council to pass a resolution authorizing the use of force in the Gulf War and the legal authority of the US President to commit troops to the Gulf War absent compliance with the War Powers Act?
LAW7 776 - (3)
Refugee Law Clinic
Prerequisite: Refugee Law (may be taken concurrently).
Students represent individuals from around the globe who have experienced human rights abuses and are seeking asylum in America. Working in pairs, each student will be assigned to a client and act as co-counsel in assisting the partner's client. Typical clients claim a risk of persecution on the basis of political opinion, race, religion, nationality, sexual orientation, or gender. The clinic provides an opportunity for students to sharpen lawyering skills by exploring issues like interviewing clients in a cross-cultural context, completing asylum applications and affidavits that recount the person's experiences, researching legal issues and writing legal memoranda, and researching and documenting country conditions.
LAW7 777 - (3)
Advanced Intellectual Property
Prerequisite: Copyright, and one of the following: another IP course or concurrent enrollment in another IP course
This is a seminar for intellectual property aficionados. It is for those who want to try to understand the structure of IP, the division of labor between intellectual property regimes, and how intellectual property law intersects with other laws and constitutional limits. Students also try their hand at some of today's most vexing IP problems.
LAW7 778 - (3)
Advanced Legal Writing
This course will be taught in a small group setting and takes off where the first-year course ends. The goal of the course is to increase experience and mastery of writing skills that may be used in legal practice. Some of our time will be spent honing skills learned in the first-year course but we will spend the majority of our time on other matters that may be expected in practice but that are not covered earlier. We will work on opinion letters, letters to clients, e-mail, some legislative drafting, contract drafting and trial court motions and pleadings.
LAW7 779 - (3)
For most people, the notion of "natural law" may come with a musty, medieval aspect, but in recent decades a variety of ideas and positions have claimed to be (or have been accused of being) modern versions of "natural law." This class will consider a number of such ideas and positions with an eye to these questions: What is "natural law"? Is it necessarily a religious position? Is "natural law" (in one or more of its versions) plausible today? And what, if anything, is it good for? The class is intended to be exploratory, with an emphasis on discussion, rather than a forum for propounding any well-worked out views.
LAW7 780 - (3)
Law and Ethics in Neurological Care
This interdisciplinary seminar will address legal and ethical issues in neurological care. During the initial two or three meetings of the seminar, the instructors will orient the law students to the practice of neurology at the University and to basic medical concepts bearing on neurological practice. The following meetings will bring together residents, fellows and faculty from the Department of Neurology to explore such legal and ethical issues as the definition of death, diagnosis of persistent vegetative state, competence to consent to or refuse treatment (including life-sustaining treatment) surrogate decision-making and guardianship, constraints imposed by managed care, and genetic testing and counseling. Efforts will also be made to identify areas of divergence and convergence in professional norms.
LAW7 781 - (3)
Issues in State and Local Taxation
An examination of issues relating to the ways in which state and local governments tax, spend and borrow. Specific topics may include treatment of unfunded mandates, financing education and borrowing for public/private projects.
LAW7 783 - (3)
Corporate Control Transactions: Governance Issues
This seminar will focus on how decisions are made by corporations in the context of control transactions. Course materials will include case studies, statutory and case law, law review articles, and financial economics articles. We will begin by surveying the current literature regarding the nature of the firm, agency problems and the relationships among the board of directors, management and shareholders. We will then consider specific control transactions, such as a seed financing, initial public offering, proxy battle, merger, sale and refinancing. We will also consider the roles of various entities and institutions, including legislatures and judges, corporate lawyers and financial intermediaries, such as underwriters, venture capital partnerships and lenders. Students will be asked to write weekly short commentaries on the assigned reading.
LAW7 784 - (3)
Regulation of New Media
Prerequisite or concurrent: One of the following: Antitrust, Communications Law, Copyright Law, or Internet Law
This seminar will examine recent trends in the regulation of new media, including the Internet, cable television, and wireless communications. The class will focus on several kinds of regulation, including intellectual property rights, the allocation of scarce broadcast resources, regulation of markets and commerce, content regulation, and antitrust, among others. Specifically, the course will address how regulatory proposals generated in response to the growth of new media represent differing values by virtue of both their content and their origins.
LAW7 785 - (3)
Law and Violence
This seminar will draw on interdisciplinary perspectives to examine some of the ways in which law is bound up with violence, and the ways in which the law seeks to differentiate itself from extra-legal violence. Topics will include the death penalty, prison conditions, and police use-of force, and we will also look at the ways in which the troubled relationship between law and violence plays out in the realm of international human rights and humanitarian law.
LAW7 786 - (3)
Cognitive and Social Psychology for Lawyers
In their short history, cognitive and social psychology have produced a rich understanding of how human beings think and how they interact with each other. It should therefore come as no surprise that these two fields have a number of applications to law. This course will explore those applications. Examples include: what effect common errors in judgment have on tort and contract law; how the perception of risk affects societal demand for regulation in environmental law; how organizational and group decision-making processes affect corporate governance; how social norms about fairness impede or facilitate negotiation and dispute resolution; how biases in judgment influence litigation strategies; and what studies of conformity mean for the development of international human rights law.
LAW7 787 - (3)
Intellectual Property Theories & Emerging Technologies
Prerequisite: One or more intellectual property classes
What justifies the Intellectual Property system we have today? Are fast-emerging technologies helped, or hindered, by IP law? Do the traditional tools of copyright, patent, trademark and trade secret present a coherent whole or an overlapping mess? This three credit seminar explores these and other questions using major economic and social theories of intellectual property advanced by modern and ancient writers.
LAW7 788 - (3)
This seminar will consider the role of venture capital in the start-up environment from both a theoretical and practical perspective. Of particular focus will be how financial, legal and economic issues are dealt with in the contracts between venture capitalists and their limited partners and between venture capitalists and the firms in which they invest. The venture capital financing process will be analyzed from initial formation through exit strategy (e.g., public offering), with consideration given to the control structures and incentive mechanisms implemented at each stage of the process. Course materials will include case studies, statutory and case law, law review articles, and financial economics articles. The course will include guest presentations by industry participants.
LAW7 789 - (3)
Advanced Topics in Civil Procedure and Evidence
This seminar will address a number of salient and controversial issues in the design of civil litigation, from filing to judgment. The approach will be eclectic, but the emphasis will be on game theory, law and economics, and incentives analysis in general. Topics will include: evidence destruction, "document retention" policies, perjury, obstruction of justice, the encouragement of settlement, mandatory versus voluntary disclosure, and various proposals for discovery reform.
LAW7 790 - (3)
Aging and the Law
This seminar, offered jointly with the Medical School, will address significant legal and policy issues relating to health and financial needs of the elderly. Participants will include physicians specializing in geriatric care and graduate students, as well as law students. Representative topics include financing of health care (Medicare and Medicaid), guardianship and other mechanisms of surrogate decision-making, nursing home regulation, elder abuse and neglect, end-of-life medical care (including physician-assisted suicide), employment discrimination, and income security (Social Security and employer-provided pensions).
LAW7 792 - (3)
Constitutional Law in the Public Sector: Clinical Seminar
Prerequisite: Constitutional Law, second or third year status.
This seminar offers students an opportunity to explore constitutional choices and litigation in the context of actual problems facing cities. The seminar will meet once a week for two hours throughout the semester. Students will initially explore case study materials outlining significant constitutional law, policy and evidentiary concerns of cities in areas such as affirmative action, property rights, and free speech. In week four of the seminar, students will select a research project from a pool involving an individual client city (in Virginia or elsewhere) or individual organizational client (such as Virginia First Cities, Virginia Municipal League, the National League of Cities or the International Municipal Law Institute). Projects targeted will include affirmative action and civil rights, local land use and environmental regulation, regulation of speech, use of municipal ordinances involving civil forfeiture and chronic nuisance, and the limits of local authority though preemption by the state and federal governments.
LAW7 793 - (3)
Derivative Securities and their Regulation
This seminar covers the regulation of the $100 trillion-plus global markets in derivative securities. The definition of derivative securities, hedge funds including Long-Term Capital Management, the Orange County bankruptcy, derivative securities litigation, the Commodity Futures Modernization Act of 2000, financial engineering, speculation, systemic risk, and suitability will be studied.
LAW7 794 - (3)
Prerequisite: Constitutional Law
This course will confront many of the major, transsubstantive questions of normative constitutional theory addressed by the scholarly literature over the last half-century. How majoritarian is our Constitution? In particular, is judicial review "countermajoritarian"? What is the appropriate method of constitutional interpretation? Is it originalism, nonoriginalist
textualism, or some type of nontexualist interpretive method? Are moral norms incorporated in the Constitution, or should judges and other constitutional interpreters eschew moral argument? To what extent are constitutional norms appropriately "underenforced"?
LAW7 795 - (3)
Problems of International Law and Regulation
Prerequisite: International Relations is recommended, but not required.
This seminar is designed for students who have completed one or more courses in international law, and want to understand international regulation as a system (of which international law plays a part). The seminar will give students exposure to contemporary scholarship, and a chance to try their hand at some of the more challenging international problems of our times. The seminar will divide its time between theory days and problem days. Subjects include problems from trade regulation, international administrative law (government networks), human rights, transnational finance, and others.
LAW7 797 - (3)
This seminar will explore contemporary issues in tort law, including the proper scope of liability for accidental harm, problems of causation, and liability for inchoate and future loss. The focus of the seminar is on the rigorous evaluation of scholarly argument rather than on original research. The readings will consist of both classic works in the field and important current studies. After a several-week overview of the field, each session will be devoted to an intensive study of one article.
LAW7 798 - (3)
Lawyers, Law, and Film
This seminar will explore some of the myriad connections between film and the legal domain. How have films influenced popular perceptions about and actual experiences of law and lawyers? How have films changed the ways in which lawyers and other legal actors work, the performances they give, the evidence they are expected to offer?
LAW7 799 - (3)
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.
LAW7 800 - (3)
Employee Pension and Health Benefir Plans: Current Key Issues
This seminar will examine some of the current key issues in the federal regulation of employee pension and health benefit plans. Employee rights; fiduciary standards; remedies; federal preemption; funding standards and retirement security; funding with employer stock; anti-discrimination and qualified plan requirements; and legislative policy issues will be considered.