Frequency of Course Offerings The courses listed on
the following pages have been offered 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 years specific course offerings, including
prerequisites and mutually exclusive courses, please consult the Law Schools
Course Offering Directory (COD). This COD, along with other current information
about the Law School, may be found online at www.law.virginia.edu.
LAW1 603 - (4)
This course covers the procedures courts use in deciding lawsuits
that do not involve criminal misconduct. Much of it is concerned with the process
of litigation in trial courts, from the initial documents called pleadings,
through the pre-trial process, especially the process of discovery in which
parties obtain information from one another, to trial itself. Another important
topic concerns the jurisdictional rules that determine in which court a lawsuit
may be brought.
LAW1 605 - (4)
This course is an introduction to the structure of the United
States Constitution and the rights and liberties it defines. Judicial review,
federalism, congressional powers and limits, the commerce clause and the 10th
Amendment are covered, as are the equal protection and due process clauses.
LAW1 606 - (4)
This course is an examination of the legal obligations that
attach to promises made in a business contract or otherwise, including the remedies
that may be available for promises that are not kept. The course examines the
legal requirements for enforceable contracts, including consideration, consent
and conditions, and the effect of fraud, mistake, unconscionability, and impossibility.
LAW1 609 - (3)
This course explores the basic principles of Anglo-American
criminal law, including the constituent elements of criminal offenses, the necessary
predicates for criminal liability, the major concepts of justification and excuse,
and the conditions under which offenders can be liable for attempt. Major emphasis
is placed on the structure and interpretation of modern penal codes.
LAW1 620 - (2)
Legal Research and Writing
The basic skills course in the first-year curriculum, the course
covers fundamental legal research techniques and two styles of legal writing.
The fall semester focus is on preparing objective office memoranda and in the
spring semester students produce an appellate brief. Students also present an
appellate oral argument before a panel of alumni, faculty, and upper-class students.
LAW1 623 - (4)
The course is a general introduction to property concepts and
different types of property interests, particularly real property. The course
surveys present and future estates in land, ownership and concurrent ownership.
Leasehold interests, gifts and bequests, covenants and servitudes, conveyancing,
various land use restrictions, eminent domain, and intellectual and personal
property issues are also considered.
LAW1 629 - (4)
The course in Torts examines liability for civil wrongs that
do not arise out of contract. It explores three standards of conduct: liability
for intentional wrongdoing, negligence, and liability without fault, or strict
liability. The course also examines other issues associated with civil liability,
such as causation, damages, and defenses. Particular areas of tort law such
as battery, medical malpractice, and products liability, as well as debates
about tort reform, are also part of the standard coverage of the course.
LAW2 600 - (3)
Schools, Race, and Money
This course examines the "right" to equal educational
opportunity, and considers the various legal efforts, at the state and federal
level, to improve the educational opportunities available to elementary and
secondary students. We will concentrate primarily on school desegregation, school
finance litigation, and school choice, but will also consider, as time permits,
the federal governments role in expanding the educational opportunities
of low-income and disabled students. In addition to examining the relevant
and legislative responses, we will also study selected readings by historians,
education policy experts, economists, and legal scholars, including critical
race theorists. Issues to be addressed include the educational ramifications
of desegregation and school finance litigation; the institutional capability
of courts, either state or federal, to achieve change in these areas; the influence
of race on school finance reform; and market-based alternatives to improving
the equity and adequacy of the public education system.
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
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 - (3 or 4)
This course is an introduction to the federal regulatory
and administrative process. Many elective courses in the curriculum build upon
introduction, or provide intensive treatment of substantive regulation in specific
areas, e.g., Labor Law, Securities Regulation, Communications Law, and Environmental
Law. The course begins with a brief examination of the reasons for creating
regulatory agencies and the constitutional constraints on Congresss authority
to delegate lawmaking power. It also explores the limits of presidential power
to control how delegated functions are performed by subordinate officers. It
then turns to the procedures by which regulatory agencies and administrative
bodies operate. The course concludes with a comprehensive examination of judicial
review of administrative action, examining private as well as governmental
of implementing and enforcing federal regulatory requirements.
LAW3 603 - (3)
This course will examine the basic substantive and procedural
doctrines in federal admiralty law and compare them to analogous doctrines in
other areas of law. Among the topics to be covered are: jurisdiction in admiralty,
carriage of goods by sea, salvage, general average, collision, maritime torts
for personal injury and death, and environmental law on navigable waters.
LAW3 605 - (3)
Agency and Partnership
This course is a basic component of the business law curriculum.
It deals first and foremost with the agency relationship and its consequences,
focusing on such topics as contractual authority, vicarious liability, and fiduciary
obligation. The course also serves as an introduction to the partnership as
the primary noncorporate business organizational form involving co-ownership.
The course will include discussion of limited liability partnerships and limited
liability companies as time permits. Although the course uses litigated cases
as the primary material, it aims to provide future transactional lawyers with
the basic tools necessary to help clients structure their affairs in a manner
consistent with their business goals, including minimizing unwanted liability.
LAW3 606 - (3)
Substantive Due Process
This course examines the recurrent effort to
articulate substantive constitutional rights under the rubric of the Constitutions
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 non-constitutional 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 611 - (3)
Bankruptcy (Law & Business)
Prerequisite: Accounting, Corporate Finance, Corporations.
concerns corporate bankruptcy and reorganization, and focuses on the reorganization
of financially distressed firms under Chapter
11 of the Bankruptcy Code. Compared to traditional bankruptcy courses, the
emphasis of the readings and class discussion is less on bankruptcy case law
on the economic fundamentals of financial deal-making and restructuring. Students
enrolled in the course are expected to participate actively in class discussion.
They should also be comfortable with the basic skills involved in reading financial
statements and performing valuations of financial assets.
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 laws 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 constitutes a continuation of
the study of basic contract law and theory, but coverage will be both broader
and deeper than first-semester
contracts. Some first-semester material will be reviewed and developed further
to insure all students have a common background in contract law and theory.
The bulk of the course will be devoted to covering material that is not covered,
or covered only briefly, in a standard first-semester contracts course. Topics
to be given attention may include: the identification and interpretation of
the terms of agreement (e.g., the parol evidence and plain meaning rules),
defining the terms of performance (e.g., implied and express conditions), mistake
excuse (e.g., unilateral and mutual mistake, impossibility, commercial impracticability,
the right to cure), conduct constituting breach (e.g., anticipatory repudiation,
the right to adequate assurances), remedies (e.g., foreseeability, mitigation,
liquidated damages, sales of goods remedies), and third party rights (e.g.,
intended and incidental beneficiaries, assignment and delegation, and novation).
Although considerable emphasis will be placed on doctrines in both the common
law and Uniform Commercial Code, this course is not intended as a substitute
for a course on the sale of goods (Article 2 of the U.C.C.).
LAW3 618 - (3)
Civil Rights Litigation
Prerequisite: Constitutional Law.
This course will examine the arc
of federal civil rights law. We will begin with the Reconstruction statutes,
42 U.S.C. 42 U.S.C. §§
1981, 1982, 1983, and 1985, with particular emphasis on § 1983. We will
study the following issues in some detail: constitutional and non-constitutional
rights enforceable under § 1983; qualified and absolute immunities; governmental
liability for the acts of individual officials; monetary and injunctive relief;
and attorneys fees. We will then examine the civil rights legislation
enacted during the 1960s and 1970s, focusing on Titles VI and VII of the Civil
Rights Act of 1964, and Titles IV and IX of the Education Amendments of 1972.
Finally, we will briefly consider more recent civil rights statutes including
the Americans with Disabilities Act, the Age Discrimination in Employment Act,
and the Equal Pay Act. The course will emphasize similarities and differences
among these approaches to federal civil rights protection.
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 Internetwhich straddles
the historic divide between mass media and telecommunications media. This
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 will cover the essential provisions
and structure of Revised Article 9 of the Uniform Commercial Code. The law of
facilitates the taking of security interests by creditors to secure loans they
make to debtors. Unlike a creditor who asserts a common law contract claim only,
the secured creditor potentially has a right to seek payment on his contract
claim by directly seizing certain agreed upon items of debtors property
that serve as collateral for the creditors loan. Among the issues covered
in this course are (1) how creditors receive security interests in debtors
property ("the attachment" process), (2) how they obtain priority
over competing creditors asserting interests in the same collateral (the "perfection"
process), and (3) how creditors maintain security interests in collateral transferred
by the debtor, acquired by the debtor, and acquired by debtor after debtors
name or corporate status changes, and (4) how creditors maintain security interests
in proceeds of collateral. The aim of the course is to provide students with
knowledge of the Code sufficient to enable them to structure secured transactions
and litigate secured claims successfully. The course is taught with an emphasis
on Code mastery, while underscoring the policy objectives and business contexts
relevant to secured transactions generally.
LAW3 623 - (3)
This course will explore in detail some of the legal, theoretical,
and practical issues raised by a debtors 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. The course
would be particularly useful to students interested in litigation concerning
products liability, securities regulation, and civil rights.
LAW3 628 - (3)
Constitutional History II: From Reconstruction to Brown
This course will examine, from an historical perspective, constitutional
developments from the enactment of the Civil War amendments to the Brown
decision involving school desegregation. Though the subject matter of the course
necessarily overlaps that of the basic constitutional law course, the emphasis
here will be on the historical perspective and the integration of social and
political history with legal developments. Some of the issues to be addressed
include: the enactment and early judicial interpretation of the Civil War amendments,
the rise and demise of the Lochner era, the Court-packing crisis, the origins
of the modern judicial concern with civil rights and civil liberties (including
rights of free speech, criminal procedure, and free exercise of religion), and
the Brown decision. In addition to placing constitutional developments
into their broader historical perspective, the course will focus on the consequences
of Supreme Court decision makinghow influential were particular Court
rulings at transforming social reality.
LAW3 629 - (3)
Comparative Constitutional Law
Prerequisite: Constitutional Law or the consent of the
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
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
Prerequisite: Constitutional Law.
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,
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 Englands 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 - (2)
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, and firm 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
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
the right to effective assistance of counsel, discovery, the right to jury
trial, double jeopardy, guilty pleas and plea bargaining, sentencing, and habeas
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
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 which protects rights in intellectual and artistic property. Some of
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 Millennium 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 that continue to evolve daily. This introductory
course is designed to give students a basic grasp of those laws, the policies
that underlie them, and the legal practice that has grown up around them. 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 not only current environmental law and policy, but also
likely future developments such as increased use of emissions trading. Our inquiry
will include attention to the interactions among key players - e.g., industry,
agriculture, NGOs, courts, Congress, agencies and departments - in the development
and application of the law.
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 Justinians 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
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
This course explores the scope and structure of federal crimes.
Though based on the same sources, federal crimes are different in important
respects from the much larger body of state criminal law. The course will cover
four topics: (1) the jurisdiction of the federal government over crime, including
constitutional limitations; (2) the emerging law of federal mens rea; (3) four
crimes that illustrate the enormous reach of the federal criminal law (the Mann
Act, mail fraud, the Hobbs Act, and the Travel Act); and (4) RICO, the most
important organized crime statute in history. RICO will be compared to the law
of conspiracy, and its important consequences in civil litigation will also
be explored. Broader policy questions, such as federal enforcement policies
and the merits of the federalization of crime, will be emphasized throughout
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
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
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
LAW3 669 - (3)
Health Care Law
This course provides an introduction to the landscape
and government regulation of the healthcare market. The course first examines
the three groupshealthcare
providers, health insurers, and patientsaround which the modern U.S.
healthcare system is organized. It then examines how the government regulates
within and between these groups. For example, the government subsidizes hospitals
with tax exemptions; it subsidizes consumption with Medicare, Medicaid and
deductions; and regulates health insurers via insurance laws. The government
regulates the relationship between providers and patients with licensing laws,
malpractice liability, privacy rules, and informed consent requirements; the
relationship between providers and insurers via antitrust law and mandated-provider
laws; and the relationship between insurers and patients with mandated-benefits
and external-review laws. Important themes that are covered include federal
v. state authority over health care and the rising cost of health care. This
course is not intended as an introduction to bioethics; rather it focuses on
health care institutions and statutes.
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,
including the struggle against terrorism.
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. individuals and entities, and (2) of U.S.
income earned by foreign individuals
and entities. The principal focus will be on the U.S. domestic law, but some
attention will be devoted to the varying approaches that countries adopt towards
common questions of international tax policy as well as to the application of
bilateral income tax treaties. The course will seek to develop a contextualized
understanding of the relevant rules through an examination of the political
and economic forces underlying these rules and through the analysis of case
studies and problems modeled on real world transactions.
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 examines foundational subjects in public and private
international law. Topics include 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, and the basis of international
jurisdiction and sovereign immunity. Where relevant, the course will include
a focus on current events.
LAW3 679 - (3)
Employment Law: Principles and Practice
Prerequisite: Employment Law, Employment Discrimination
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 682 - (3)
Judicial Role in American History
A survey of leading American Supreme Court judges from Marshall
through the Burger Court. The course will consist of lectures and readings,
along with discussions of topics on contemporary issues.
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
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
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
abstract legal theory. A structured set of legal problems with significant
economic content is used to acquaint the student with those technical economics
most likely to be of use to a lawyer.
LAW3 689 - (2)
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
LAW3 690 - (2)
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, non-obviousness, 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
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
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
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 Amendments 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
LAW3 721 - (3)
Business Planning for Mergers and Acquisitions
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 both the theoretical bases for
decentralized government and the specific functions of local governments in
the American legal and political system. The course utilizes legal cases as
well as political and social theory in considering the proper distribution of
powers among federal, state, regional, and local institutions. Specific topics
include: the formation and constitutional status of local and other non-State
governments; the capacity of local governments to provide essential government
services such as education and policing; the environmental impacts of local
land use regulations paying special attention to issues of urban sprawl; the
existing distribution of resources across metropolitan areas; and the impact
of race on the structure of metropolitan governance.
LAW4 603 - (3)
Mass Media Law
Prerequisite: Constitutional Law.
A survey of the constitutional implications
of mass media enterprises, including newspapers, radio, and television. Attention
will be paid to First
Amendment issues, but there will be some discussion of the regulatory economics
of the broadcasting and newspaper industries.
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.
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 courses 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
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
review of individual rights and accountability as they interface with national
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 Presidents 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
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
the ABAs 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 lawyers obligations under "other law," including
criminal law, tort law, contract law, constitutional law, procedural law, and
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 employees 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
regulatory prints, and photocopied supplements.
LAW4 619 - (3)
Prerequisite: Immigration Law or permission of the instructor.
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
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
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
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
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 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.
LAW4 630 - (3)
Trusts and Estates
The course covers intestate 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
Prerequisite: Federal Income Tax recommended, but not
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
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
finance real estate ventures will be discussed, including the use of REITs
and UPREITs, investment by tax exempt institutions and issues raised by debt
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 639 - (3)
Administrative Law Theory and Policy
Prerequisite: Administrative Law.
This seminar will explore the theory
and policy of administrative law. In particular, it will address issues of what
makes administrative action
legitimate, how administrative agendas get set, and how agencies respond to
influence from othersboth other political actors and outside interest
groups. Most of the reading will consist of articles and will come from a variety
of disciplinespolitical theory, administrative behavior theory, public
choice theory, law and economics, etc.
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
(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
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
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 and 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 skills of close critical reading, as well as an understanding of
the central ideas of the First
Amendment tradition. The emphasis is on how those ideas emerged in various
historical periods from particular political, legal, and intellectual struggles.
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, , James Madison, John Stuart Mill, Learned Hand,
Oliver Wendell Holmes, Louis Brandeis, and Alexander Meiklejohn. Throughout
the semester, we will explore how the ideas of these thinkers bear on issues
of contemporary First Amendment controversy.
LAW4 659 - (3)
Foreign Relations 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
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. Where relevant, we will focus on current events, such
as events relating to the post-September 11 war on terrorism and the 2003 war
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
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 - (2)
The course will cover laws and programs whose
central aim is to protect human health from exposure to toxic chemicals, pesticides,
water pollutants, and industrial chemicals. The course will touch on statutes
also examined in Environmental Lawincluding the Clean Air Act and the
Water Pollution Control Actbut 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
Prerequisite: Environmental or Administrative Law recommended,
but not required.
The seminar will survey the laws and policies governing the
management of lands and natural resources under Federal ownership (some one-third
of the nations continental land area). Beginning with a brief review of
the history of federal land policy, the seminar will focus on issues relating
to public lands in the east and west including national forests and parks, minerals,
timber, fish and wildlife, endangered species, water, recreation, preservation
of unique values, and occupancy uses. Various resource development issues will
be discussed in the context of federal-state jurisdictional powers over federal
lands and resources and the applicability of the National Environmental Policy
Act to activities on the federal lands.
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
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 688 - (3)
This course will provide a thorough grounding in
some important areas at the intersection of law and bioethics. Some of these
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
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)
Environmental Lawyering: Principles and Practice
Prerequisite: One of the following: Administrative Law,
Environmental Law, or a course in litigation.
This is a course about the tasks
of lawyers representing clients in environmental disputes, from rulemaking to
litigation to negotiation. Although
focused on environmental problems, the course will develop skills that will
be of general use in crafting and implementing strategies for clients in high
visibility matters affecting the public interest. The course will develop several
case scenarios based on actual proceedings. These will include a rulemaking
interpreting requirements of the Clean Water Act for local watersheds, litigation
over threats to an endangered aquatic species (Bull Trout), and an enforcement
action under the Clean Air Act. The cases will involve a range of parties, including
property owners, developers, and environmental groups as well as governmental
agencies at the local, state and federal levels. You will draft documents (memoranda,
pleadings, etc.) and engage in simulated hearings, negotiations and interviews
of scientific experts on behalf of clients whom you will be assigned to represent.
The simulations will require that you devise and carry out a strategy that advances
the interests of your client within a complex legal and political setting.
LAW4 698 - (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
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.
LAW4 710 - (3)
Aging and the Law
This course will address significant legal and policy issues
relating to health and financial needs of the elderly. Representative topics
include ethical issues raised in representing elderly clients, financing of
health care (Medicare and Medicaid) and the estate planning and legal questions
that health care costs pose for elderly clients, guardianship and other mechanisms
of surrogate decision-making, nursing home regulation, special housing needs
for elderly individuals and the availability of assisted living facilities,
elder abuse and neglect, end-of-life medical care (including physician-assisted
suicide), employment discrimination, and income security (Social Security and
LAW4 711 - (3)
Bioethics and Jewish Law
This course will examine the approach of Jewish law to bioethical
issues. After an introduction to the basic concepts, values, and sources of
Jewish law, we will study the application of Jewish law to several bioethical
topics including the duty of medical treatment, abortion, artificial insemination,
euthanasia, organ transplantation, and cloning. Reading assignments will come
from classical sources of Jewish law, rabbinic response, modern scholarly discussions,
and Israeli case law. We will compare the treatment of these issues in Jewish
law and American law. Experts in these areas will be invited to address the
class. This course assumes no prior training in either Jewish law or bioethics.
LAW4 712 - (3)
Corporations (Law & Business)
Prerequisite: Accounting, Corporate Finance.
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
wide range of phenomena and transactions associated with the modern business
LAW4 714 - (3)
Legal Issues in Corporate Finance
Prerequisite: Accounting, Corporate Finance, Corporations.
examines legal issues associated with financing choices made by corporations.
The main objective is in understanding how and
why different financing choices affect the value of the firm, how the courts
have viewed such choices, and what, if any, changes may be necessary in our
and the courts perspectives. The topics include debt securities and the
role of protective covenants, the impact of bankruptcy in firm valuation, firms choice
over different dividend policies, and legal and financial issues in change
of control transactions.
LAW4 722 - (3)
First Amendment Freedoms
Prerequisite: Constitutional Law.
This elective sequel to the required
introductory course will focus significantly on First Amendment doctrine and
theory including free speech,
freedom of the press, and religion.
LAW4 724 - (3)
Germs and Justice: Law and Disease
In this course we will examine legal
issues associated with efforts to prevent or limit the spread of infectious diseases.
We will have
a number of guest speakers from the medical, legal, and public health sectors
assisting us with our discussions. We will begin with a historical overview
of early infectious disease treatment and prevention methods, how the existence
of infectious diseases has influenced the development of public health law,
and the effectiveness and impact of public health law measures designed to
control infectious diseases. We will then move on to current issues such as the
of voluntary and mandatory quarantine; identification and notification requirements;
and mandatory screening, testing, and treatment. We will also consider the governments
role in combating infectious diseases, including its regulation of vaccine and
medication research and development and proprietary rights to the products of
this research and development. We will compare public health responses to AIDS
with previous responses to infectious diseases such as tuberculosis and compare
both to current responses to diseases like SARS. We will examine the National
Vaccine Injury Compensation Program and new pending legislation, and study the
various interest groups concerned with that legislation. We will also address
some international issues such as access to vaccines and medications, how international
agreements affect that access, and ethical issues associated with research on
infectious disease among international populations. Finally, we will delve into
issues of bioterrorism and how proposed responses to bioterrorism comport with
existing public health measures and related law.
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 Americas tragic involvement
in Indochina, and to profit from our past mistakes we must first ascertain what
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
This seminar provides students with an opportunity to investigate
problems in American legal history and to learn from one another. Each student
will write a 40-page research paper, evaluate five or six papers written by
classmates, and participate in weekly discussions of important works written
from different historiographical, theoretical, and methodological perspectives.
Each student will also have a weekly appointment time to discuss (and establish)
with the instructor a topic, an appropriate method, and a plan of work. Papers
may focus on the eighteenth, the nineteenth, or the twentieth centuries.
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 recommended, but not required.
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
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 Distinguished 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
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
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.
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
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 618 - (3)
Securities Regulation (Law & Business)
Prerequisite: Accounting, Corporate Finance, Corporations.
will examine the federal statutes and regulations relating to the sale of securities
and the duties of issuers, underwriters,
brokers, dealers, officers, directors, controlling persons and other significant
market participants. Our focus throughout will be on compliance rather than
litigation (which is the subject of a separate course). Securities markets
are important areas of study for accounting and finance. Moreover, the Securities
and Exchange Commission and other federal regulators oversee the accounting
and financial professions. We will accordingly draw on your knowledge of those
LAW5 619 - (5)
Criminal Defense Clinic
Prerequisites: Third-year status, Civil Procedure, Criminal
Law or Criminal Procedure, Evidence, Professional Responsibility, and eligibility
for Third Year Practice Certification. Negotiation Institute recommended, but
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)
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
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 647 - (3)
International Human Rights Law Clinic
Prerequisite: Second or third-year status and a course
in International Human Rights Law or International Law, or permission of the
This semester long clinical course will give students first-hand
experience in human rights advocacy under the supervision of international human
rights lawyers. Projects are designed to give students practical experience
with the range of activities in which lawyers engage to promote respect for
human rights; to help students build the knowledge and skills necessary to be
effective human rights lawyers; and to integrate the theory and practice of
human rights. Each student will be expected to work on two projects. Class
sessions will provide the opportunity to discuss human rights law concepts and
practice, and the legal, strategic, ethical and theoretical issues raised by
the project work. The clinic will also provide instruction in and development
of international human rights law research and writing skills. The clinic may
have one or more adjunct instructors. There is no live-client representation
in this clinic.
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
Prerequisite: 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
students individual work project.
LAW5 657 - (3)
Law and Higher Education
Prerequisite: Constitutional Law helpful, but not required.
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;
issues in the institutional setting; research-related issues; issues concerning
affiliated entities; and the legal implications of increasing technology in
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
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
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 (Virginias
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 670 - (3)
Legal Regulation of Research on Human Subjects
This seminar probes the ethical and legal dimensions of scientific
research when human beings are research subjects. In addition to historical
background on the Nuremberg Code, the Belmont Report and other sources of normative
statements about the ethical and legal boundaries of research, the course will
investigate: the federal regulatory apparatus under which research is currently
conducted, including the role of Institutional Review Boards in approving scientific
investigations under the federal rules and other statutory conditions that must
be met by institutions receiving federal funds; scientific integrity and misconduct,
including the legal significance of conflicts of interest and fraud in research;
special entities and populations affected by research including research on
fetuses and fetal tissue, children, the cognitively impaired, the aged, prisoners
and other institutionalized populations; genetic research, with particularly
reference to the confidentiality of genetic information it generates; and, liabilities
that arise for providers and health care institutions who provide experimental
treatment as part of a therapeutic regimen. The seminar will have an interdisciplinary
perspective, and include presentations from faculty in medicine, bioethics and
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 - (6)
The Prosecution Clinic
Prerequisite: Third-year status, Civil Procedure, Criminal
Law, Criminal Adjudication or Criminal Investigation, Evidence, Professional
Responsibility, Trial Advocacy, and eligibility for Third Year Practice Certification.
Constitutional Law and Negotiation Institute are recommended, but not required.
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 prosecutors 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
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 Trial Advocacy Institute of the National
Trial Advocacy College is offered each January through the offices of Virginia
Education (CLE) in cooperation with the Law School. 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 Americas 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
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
LAW5 695 - (3)
Current Legal Ideas
This seminar will explore the greatest hits in
legal thinking over the last several years. Each week well 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, well
be looking at whatever looks most interesting and well 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.
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
LAW5 704 - (5)
Negotiation and Public Practice Clinic
Prerequisite: Third-year status; second-year students
may apply. Negotiation Institute recommended, but not required.
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).
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
healths 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 I
Prerequisite: Intellectual Property: Patent.
This semester long 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
LAW5 715 - (3)
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
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
LAW5 719 - (5)
Housing Law Clinic
Prerequisite: Second or third year status. Negotiation
Institute recommended, but not required.
This yearlong clinic, offered in conjunction
with the Legal Aid Justice Center, includes both a classroom seminar and supervised
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 Centers 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.
LAW6 614 - (3)
Airline Industry and Aviation Law
An introduction to the Transportation Code, the domestic and
international airline industry, and the manner in which business responds to
legal demands, and vice versa, using the dynamic and highly capitalized aviation
industry as a focal point. Attention also will be given to key current issues
including foreign control of airlines, Homeland Security issues, and other similarly
timely topics. Frequent visitors from industry will join in the class.
LAW7 601 - (3)
First Amendment Clinic
Prerequisite: One of the following: Constitutional Law
II: Church and State, Constitutional Law II: Freedom of Speech and Press or
This semester long clinic is 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
Prerequisite: Federal Income Tax.
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
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
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
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, any First Amendment
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: 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 Courts 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 626 - (3)
Feminism and the Free Market
Feminist theory has exhibited great ambivalence
concerning womens participation in market activities. The increasing percentage
of women in the labor force meets with approval, but controversy rages over whether
women should be permitted to profit financially from their uniquely feminine
capacities. In a variety of contexts, arguments are advanced that particular
goods and services should be in part or in whole beyond the exchange process.
This seminar will examine possible reasons for limiting the scope of the market
domain, including assertions that certain human attributes are inherently priceless
and that specific forms of market interactions degrade even willing participants.
Seminar meetings will include discussions of surrogacy contracts, market exchanges
of sexual services, and the role of contracts in intimate and familial relationships.
LAW7 628 - (3)
Emerging Growth Companies and Venture Capital Financing: Principles and
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 Virginias 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 632 - (3)
Readings in the Religion Clauses
Prerequisite: Constitutional Law.
The seminar will be conducted in
two stages. First, we will devote a number of weeks to acquiring an overview
of writings about the freedom
of religion, including both philosophical and historical treatments. In the
remaining weeks we will devote each session to a close critique of one (relatively
short) law review article on the subject. Each student will write two ten-page
critiques of two articles of their choice, identifying any problems with the
authors arguments. Each student will also serve as the authors advocate
for two article sessions, defending the article against all challenges. (A briefone
to two-pageoutline is the only written requirement for this role.) The
principal objectives of the seminar are to sharpen skills of close reading
critical analysis as well as to deepen understanding of the difficult issues
surrounding the freedom of religion. While the introductory weeks will involve
the heaviest reading assignments, the workload in the latter portion of the
seminar will be lighter in terms of pages of reading but heavier in terms of
the command students will be expected to have of the specific arguments in
LAW7 634 - (5)
Child Advocacy Clinic
Prerequisite: Second- or third-year status. Negotiation
Institute recommended, but not required.
This yearlong clinic is offered in
conjunction with JustChildren, a program of the Legal Aid Justice Center in Charlottesville.
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 childs
Public Defender to develop sentencing options for the Juvenile Court that will
meet the childs 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 trial advocacy.
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.
LAW7 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
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 departments
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,
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 (Jehovahs
Witness and Christian Science Cases); sexual sterilization, birth control,
(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: Pleading and Procedure
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 clinic is
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)
Patent and Licensing Clinic II
Prerequisite: Intellectual Property: Patent, Patent
and Licensing Clinic I.
This semester long clinic involves many of the same
projects as P&L I, but in this clinic, the student can choose to work exclusively
with patent attorneys drafting, filing, and prosecuting patent applications
(and associated tasks like prior art searches and evaluations, meeting with
faculty inventors, preparing information disclosure statements, etc), or working
exclusively with licensing agents to draft license agreements, negotiate licensing
terms and conditions, prepare confidentiality agreements and marketing documents.
Other possible 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
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. The sustained focus throughout will be on the finer
points of appellate advocacy and helping students to be effective advocates,
both orally and in writing, in appellate courts.
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
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
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
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
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
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
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: Criminal Adjudication or Criminal Investigation,
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: Immigration Law.
Students in this yearlong clinic represent
individuals from around the globe who have experienced human rights abuses and
are seeking asylum
in America. Working in pairs, students will be assigned to a 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 persons experiences, researching legal
issues and writing legal memoranda, and researching and documenting country
conditions, and possibly representing the client during interviews or proceedings
to decide the asylum claim.
LAW7 777 - (3)
Advanced and International Intellectual Property
Prerequisite: Intellectual Property: Copyright.
This is a seminar for
intellectual property aficionados. It is for those who want to understand more
deeply the underlying structure of
IP, and also try their hand at some of todays most vexing IP problems.
This years version of the seminar will include a particular focus on
the international aspects of intellectual property protection.
LAW7 778 - (3)
Advanced Legal Writing
This course will be taught in a small group setting and will
take 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. These topics may include letters
to clients, legislative drafting, contract drafting, trial court motions and
pleadings, settlement documents, and judicial opinions.
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
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
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
LAW7 787 - (3)
Intellectual Property Theories & Emerging Technologies
Prerequisite: One or more intellectual property classes.
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
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.
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 792 - (3)
Constitutional Law in the Public Sector: Clinical Seminar
Prerequisite: Constitutional Law, second or third year
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
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
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
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 796 - (3)
Theoretical Perspectives on Property
This seminar considers the theoretical foundations
of property rights regimes from a sociological, historical, political, and comparative
The course considers the emergence of property rights, their form, enforcement,
and distribution. Major questions include: What is property? What determines
the form of property rights? What are the roles of the state, the law, and
custom in the creation, acquisition, enforcement, and distribution of property
Applications will include real property, intellectual property, property rights
in people, and property rights in contracts and organizations.
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 Benefit 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.
LAW7 801 - (3)
Advanced Issues in Criminal Justice
Prerequisite: Criminal Adjudication or Criminal Investigation.
seminar will examine a number of topics in substantive Criminal Law and Criminal
Procedure, and will evaluate the connections between
substance and procedure in the administration of the Criminal Justice System.
Topics may include police interrogation techniques and false confessions, prosecutorial
charging decisions, white collar investigations, plea bargaining, racism in
law enforcement, RICO and the law of conspiracy, evidentiary issues in sexual
assault cases, and the ethics of prosecution and defense.
LAW7 802 - (3)
Civil Rights History from Plessy to Brown
Prerequisite: Constitutional Law.
This course explores the various
meanings of civil rights in the fifty years that preceded Brown v. Board of Education. Examining
civil rights cases from Plessy v. Ferguson through World War II and
beyond, the emphasis of the course is on recreating the uncertainties that
civil rights doctrine in the 1940sa decade during which the old Lochner
framework was discredited but still lingering, racial issues were increasingly
salient on the public scene, and no single doctrinal approach to civil rights
was ascendant. It will explore how both the Department of Justices Civil
Rights Section and the NAACPs Legal Defense and Education Fund approached
the issues of labor and class that had dominated conceptions of civil rights
prior to the 1940s, and whether and how they incorporated those conceptions
into their own.
LAW7 803 - (3)
Federal Criminal Practice
Prerequisite: Criminal Law.
This seminar will take a practical approach
to the investigation and adjudication of complex federal crimes. Students will
trace the evolution
of a criminal investigation, from its genesis through its courtroom conclusion.
After a brief look at the bases of federal jurisdiction over criminal offenses,
we will survey the law governing a number of specific investigative techniques
including wiretaps and other non-consensual electronic surveillance, efforts
to identify criminal uses of the internet such as child pornography and identity
fraud, and the use of confidential informants. We will explore the standards
governing the investigative power of the grand jury. We will evaluate a number
of substantive criminal statutes including the widely-used RICO statute, the
newly-enacted USA Patriot Act, and statutes proscribing corporate crime. We
will study several specific provisions of the Federal Sentencing Guidelines
including the departure available to defendants who provide substantial assistance
to law enforcement, the "career criminal" recidivist provisions, and
the disparity between sentences for trafficking in different illegal drugs.
We will also discuss the federal death penalty and the controversy surrounding
its application. Students enrolled in the course will learn the law governing
each of these various stages of criminal investigations. They will also apply
that law to real-life investigative situations. There will be a heavy emphasis
on the policy implications of these various provisions of federal criminal law.
LAW7 804 - (3)
Health Care Policy
This course will begin with an examination of the nature of
demand for and supply of health care. Focus will be on the U.S., but international
markets will also be discussed. The bulk of the course will focus on current
and important topics in health care policy including medical malpractice and
tort reform, the large uninsured population, prescription drug policy, drug
patents and the AIDS crisis, the threat of antibiotic resistance, the FDA approval
process, and controlling epidemics such as SARS.
LAW7 805 - (3)
Statutory Interpretation in the Post-New Deal State
This seminar explores
the academic and judicial debate concerning appropriate methods of statutory
interpretation. The focus is on the hermeneutic,
public choice, and constitutional assumptions that inform the modern debate.
The first several weeks introduce the subject by offering a historical perspective
on some of the leading schools of twentieth century thought including the Progressives,
the Realists, and the Legal Process theorists. The seminar will then turn to
a critical evaluation of the statutory interpretation scholarship of leading
contemporary commentators including Stephen Breyer, Paul Campos, Ronald Dworkin,
Frank Easterbrook, William Eskridge, Jerry Mashaw, Richard Posner, Antonin Scalia,
and Jane Schacter. These sessions will be organized around students brief
critiques and defenses of the leading articles. Topics will include the canons
of construction, dynamic statutory interpretation, the use of legislative history,
purposive interpretation, and textualism.
LAW7 807 - (3)
Economic Foundations of Commercial Law
This seminar examines the economic principles of commercial
law and contracts, with emphasis on the methodology of information economics,
political economy and options theory. The seminar explores a range of commercial
transactions: sale of goods, payment mechanisms, letters of credit and secured
financing all of which are to some extent regulated by the Uniform Commercial
Code. The seminar is designed to be valuable for future practitioners of commercial
transactions, as well as students with academic interest in commercial law.
LAW7 808 - (3)
International Aspects of Employment Law and Labor Law
This research seminar will explore a variety of topics at the
intersection of employment and labor law with international law and business.
We will read a diverse range of materials on issues including international
conventions on labor rights (e.g., ILO standards), comparative studies of national
labor laws (e.g., Asian countries vs. EU countries vs. the US), labor side agreements
contained in international treaties (e.g., NAFTA), public and private efforts
to enforce labor standards around the world (e.g., corporate codes of conduct
relating to sweatshops), and the extra-territorial application of US employment
and labor laws. Students will have an opportunity to conduct detailed research
and make presentations to the seminar on an appropriate subject.
LAW7 809 - (3)
Pre-Trial Litigation: Principles and Practice
This 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 realistic background materials will
also be provided for use in drafting pleadings, discovery and motion papers.
The course will use federal case law as well as federal procedural rules and
statutes, though the student will find that much of the value of the practical
learning in federal motion practice can be used in state proceedings as well.
LAW7 811 - (3)
Colloquium in Business Law
This colloquium will explore scholarly
analysis and critiques of U.S. law as it affects the organization and management
of business organizations.
The emphasis will be on corporate and securities laws including recent developments
such as the Sarbanes-Oxley Act and implementing regulations of the Securities
and Exchange Commission. The goal is to introduce students to significant scholarly
and professional analysis of the U.S. legal system as it affects business organizations.
The seminar sessions will alternate between presentations by distinguished scholars
or practitioners of U.S. corporate and securities laws and preparatory sessions
in which background materials will be read and discussed.
LAW7 812 - (3)
Intellectual Property Colloquium
Prerequisite: Intellectual Property: Copyright, plus
prior or concurrent enrollment in at least one other intellectual property
This colloquium is intended for students interested in the cutting-edge
of intellectual property law and theory. Class time will focus
on a series of presentations by invited speakers (principally intellectual
property scholars from other law schools).
LAW7 813 - (2)
Selling or Acquiring a Closely Held Business
The focus of the course will be on developing
the negotiating, drafting and other lawyering skills required for an attorney
advising a client
selling or purchasing a closely held business. The course will involve individual
drafting exercises and simulated client interview/strategy discussions and negotiation
exercises by student teams acting as counsel to the buyer or seller, interspersed
with discussions of the business acquisition process and analysis of publicly
available documentation of actual acquisition transactions and selected court
LAW7 814 - (2)
Advanced Contract Theory Research
This seminar provides students the opportunity
to write a closely supervised research paper focused on a particular contract
doctrine (or set
of doctrines). The seminar will meet as a group only once or twice at the beginning
of the semester for purposes of explaining and assigning topics to each student.
Students will then meet with the professors for individual supervisory sessions
throughout the semester. The papers will provide a comprehensive and updated
survey of the relevant case law and scholarship on a given contract doctrine.
The objective of each paper will be to determine whether the case law conforms
to the description of the doctrine found in the scholarship, and whether the
theories of a particular doctrine are consistent with the litigation patterns
evidenced in the case law. Students will be encouraged to formulate their own
critical analysis of the doctrine and scholarship, but primary emphasis will
be placed on fine-grained analysis of primary legal materials and scholarship.
The seminar is particularly well-suited to students who may be considering a
teaching career in contracts, commercial or business law. Possible topics include
offer and acceptance, duress, fraud, misrepresentation, incapacity, parole evidence,
conditions and waivers, impossibility, excuse, frustration, and third party
LAW7 815 - (3)
Law, in one conventional definition, is a set of rules created
and enforced by a government. Paying special attention to compliance, this seminar
will seek to enrich our understanding of conventional legal rules by examining
sets of rules in less conventional, and predominantly non-legal, settings: sports,
love, the military, school desegregation, plagiarism, the creation of constitutional
courts, Nazi Germany, international politics, and life at the law school.
LAW7 816 - (3)
Public and Private Rights in American Law
Prerequisite: Constitutional Law.
This seminar will explore various
manifestations of the distinction between public and private rights in American
law. During the Lochner era, the
courts allowed regulation of industries affected with a public interest, but
insulated certain private rights, such as contractual freedom, from regulation.
The Progressive and New Deal attack on Lochner sought to discredit the public/private
distinction, and was largely successful in increasing the scope of allowable
governmental regulation. But in spite of the New Deal-inspired assumption that
the public and the private are ultimately indistinguishable, these categories
continue to infuse many areas of law and continue to frame debates in these
areas. The course will situate the debate about public and private rights historically,
and examine various areas where the contest continues, including standing to
vindicate public and private rights, punitive damages, legislative retroactivity,
state action, and the right to privacy.
LAW7 817 - (6)
International Law and the Scholarly Process
Prerequisite or Corequisite: International Law.
This year-long seminar
is designed for students who are interested in going into law school teaching
and who also have some interest in international
studies. The seminar will entail a substantial amount of reading and writing.
In the first semester, we will read and analyze a variety of law review articles
relating to international law. Students will prepare and defend brief "thought
papers" concerning these articles. Also in the first semester, students
will begin researching and drafting an article of publishable quality. These
draft articles will be presented to the class during the second semester for
discussion and critique. Final drafts are due at the end of the second semester.
LAW7 818 - (6)
Advocacy Clinic for the Elderly
Prerequisite: Second- or third-year status.
In response to the rapidly
growing elderly population and the increased demand for elder law expertise,
this yearlong clinic will train students
to provide legal services to older persons. Under the supervision of an attorney,
students will represent elderly clients in negotiations, administrative hearings,
and court proceedings on a variety of legal matters including basic wills and
powers of attorney, guardianships, consumer issues, Medicaid and Medicare benefits,
nursing home regulation and quality of long term care, elder abuse and neglect,
and advance medical directives. Students will develop the practical skills needed
to become effective elder advocates, participating in client interviewing, counseling,
negotiation, and trial advocacy. Additionally, students will have the opportunity
to engage in advocacy for the elderly at the system level, which may involve
policy analysis and advocacy work with partnering organizations including the
Jefferson Area Board for Aging (JABA), the Legal Aid Justice Center, the Virginia
Elder Rights Coalition, and the Senior Lawyers Division of the American Bar
Association. Students will participate in interdisciplinary projects in the
field of elder law. For example, working with faculty from the Division of Geriatric
Medicine at the University of Virginia Medical School, students will develop
a comprehensive taxonomy of possible legal issues confronted in geriatric care
and will identify specific legal problems presented by individual patients.
Additionally, in cooperation with JABA and the Division of Geriatric Medicine,
students will conduct public education sessions on specific elder law topics
for senior citizen groups at senior centers and elder care facilities throughout
the Charlottesville community.
LAW7 819 - (2)
Regulation and Deregulation of U.S. Industries
The deregulation of
the energy and telecommunications industries was one of the most controversial
governmental acts in the U.S. and the U.K.
in the 1980s and 1990s. This seminar will cover the deregulation of such industries
with emphasis on the legal and financial impacts, the relationship between federal
and state regulatory jurisdiction, the challenges to deregulation and, particularly,
issues such as market power, price caps, stranded costs, the California energy
crisis, the collapse of Enron and Global Crossing, and the "crunch"
on companies such as AT&T, Duke Energy, Pacific Gas and Electric, The Williams
Companies, and others. The seminar also will cover Wall Streets "behind
the scene" role in deregulation.
LAW7 820 - (3)
This seminar will examine the creation and operation of nonprofit
institutions, both in the domestic and international arenas. Among the issues
discussed will be the entrustment of traditional government functions to nonprofit
firms, venture philanthropy, and the role that nonprofits play in the coordination
of self-interested as well as altruistic behavior.