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 year's specific course offerings, including prerequisites and mutually exclusive courses, please consult the Law School's Course Offering Directory (COD). That 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 U.S. 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. Primary concentration is on school desegregation, school finance litigation, and school choice, but will also include the federal government's role in expanding the educational opportunities of low-income and disabled students. 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 provides an introduction to the basic mathematical tools that a lawyer needs. The topics covered are drawn principally from probability, statistics, and finance. The course emphasizes 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 is 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, earn-outs and the allocation of risks by the acquisition agreement. Relevant accounting and tax issues are covered briefly.
LAW3 602 - (3-4)
An introduction to the federal regulatory and administrative process. The course begins with a brief examination of the reasons for creating regulatory agencies and the constitutional constraints on Congress's 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, and concludes with a comprehensive examination of judicial review of administrative action, examining private as well as governmental means of implementing and enforcing federal regulatory requirements.
LAW3 603 - (3)
This course examines the basic substantive and procedural doctrines in federal admiralty law and compare them to analogous doctrines in other areas of law. Among the topics 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 deals 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 non-corporate business organizational form involving co-ownership. The course includes discussion of limited liability partnerships and limited liability companies. 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 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 is given to arbitration, its theoretical and statutory foundations, and its procedures. The role of lawyers in ADR applications is examined. Comparisons are made of various ADR methods with traditional litigation and with one another, particularly regarding effectiveness in specific context. Negotiation and mediation simulations are 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 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 610 - (3)
American Legal History: Social Movements and the Law
This course covers 19th- and 20th-century Supreme Court decisions interpreting the Fourteenth Amendment and situates them in socio-historical context. The course revolves around questions of how law mediates social relations and how judicial intervention affects social relations and social movements. Topics include segregation and other forms of status-based discrimination, women's suffrage, women in the workplace, school desegregation, anti-poverty and anti-war activism, and reproductive rights.
LAW3 611 - (3)
Bankruptcy (Law & Business)
Prerequisite: Accounting, Corporate Finance, Corporations.
This course concerns corporate bankruptcy and reorganization, and focuses on the reorganization of financially distressed firms under Chapter 11 of the Bankruptcy Code. The emphasis of the readings and class discussion is less on bankruptcy case law and more on the economic fundamentals of financial deal-making and restructuring.
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 to prepare students to provide counsel or conduct litigation in the antitrust area, to introduce the history of the law's efforts to identify those private arrangements or practices inconsistent with competition, and 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. Particular attention is paid to multi-claim multi-party litigation, including class actions, as well as the problem of parallel state and federal court litigation. The course also considers other aspects of the civil litigation process, such as the right to trial by jury. In addition, the course may explore issue and claim preclusion and appeals in greater depth.
LAW3 617 - (3)
This course is a continuation of the study of basic contract law and theory, but coverage is both broader and deeper. Topics may include: the identification and interpretation of the terms of agreement (parol evidence and plain meaning rules), defining the terms of performance (implied and express conditions), mistake and excuse (unilateral and mutual mistake, impossibility, commercial impracticability, the right to cure), conduct constituting breach (anticipatory repudiation, the right to adequate assurances), remedies (foreseeability, mitigation, liquidated damages, sales of goods remedies), and third party rights (intended and incidental beneficiaries, assignment and delegation, and novation). Although considerable emphasis is 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.
LAW3 618 - (3)
Civil Rights Litigation
Prerequisite: Constitutional Law.
This course examines the arc of federal civil rights law, beginning with the Reconstruction statutes, 42 U.S.C. 42 U.S.C. §§ 1981, 1982, 1983, and 1985, with particular emphasis on § 1983. Studied in some detail are: 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 attorney's fees. Also examined is 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. Briefly considered are more recent civil rights statutes including the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Equal Pay Act.
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, but the two general divisions are converging. One of the vehicles of that convergence is the Internet, which straddles the historic divide between mass media and telecommunications media. Major themes of the course include: how to manage a "scarce" resource; 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 and regulation; and, the conflict between different regulators.
LAW3 620 - (3)
Commercial Law: Sales and Sales Finance
This is a core course in the area of commercial law, and builds upon the first-year courses in contracts and property. The law governing the sale of goods is found primarily in Article 2 of the UCC, but also in the rules governing international trade, which is a rapidly growing area. This course focuses on the basic principles of sales law, including the rights of creditors, owners and purchasers; warranties of title and quality (breach of warranty by a seller is a form of "product liability" where the damages are economic rather than personal injury); performance stage controversies and remedies of buyers and sellers; methods of payment in exchange for goods; and the financing of sales transactions, both domestically and internationally. The course includes some analysis of the drafting of key sales documents, with an emphasis on the business setting of sales transactions. Because this is an area governed primarily by statute, the course strongly emphasizes principles of statutory construction.
LAW3 621 - (3)
This course covers the essential provisions and structure of Revised Article 9 of the Uniform Commercial Code. The law of secured transactions facilitates the taking of security interests by creditors to secure loans they make to debtors. Among the issues covered in this course are how creditors receive security interests in debtor's property ("the attachment" process); how they obtain priority over competing creditors asserting interests in the same collateral (the "perfection" process); how creditors maintain security interests in collateral transferred by the debtor, acquired by the debtor, and acquired by debtor after debtor's name or corporate status changes; and how creditors maintain security interests in proceeds of collateral. The 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 explores in detail some of the legal, theoretical, and practical issues raised by a debtor's financial distress. Principal emphasis is 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 surveys the role of nonprofits, reasons for use of the nonprofit form, and the different types of nonprofit organizations, with particular attention to the statutes governing nonprofit corporations. The course examines the formation, dissolution, and governance of nonprofits, considers state regulation of charitable solicitations, and analyzes tax and tax policy issues related to nonprofits.
LAW3 627 - (3)
Complex Civil Litigation
This course addresses 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. While the class action is given primary attention, other topics include discovery, judicial control of complex cases, trial, and preclusion. The professional and social context of this type of litigation are emphasized. The course is 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 examines, from an historical perspective, constitutional developments from the enactment of the Civil War amendments to the Brown decision involving school desegregation. The emphasis is on the historical perspective and the integration of social and political history with legal developments. Some of the issues addressed include: the enactment and early judicial interpretation of the Civil War amendments, the rise and demise of the Lochner era, the Court-packing crisis, the origins of the modern judicial concern with civil rights and civil liberties (including rights of free speech, criminal procedure, and free exercise of religion), and the Brown decision. In addition to placing constitutional developments into their broader historical perspective, the course focuses on the consequences of Supreme Court decision making and how influential were particular Court rulings at transforming social reality.
LAW3 629 - (3)
Comparative Constitutional Law
Prerequisite: Constitutional Law or instructor permission.
The seminar explores 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 U.S. Constitution and American constitutionalism serve as models for newer democracies? What are the historical, cultural, political, and economic contexts necessary to the success of liberal constitutional democracy?
LAW3 631 - (3)
Constitutional Law II: Church and State
Prerequisite: Constitutional Law.
This course examines the two clauses in the Bill of Rights which define and safeguard religious freedom: the one barring laws "respecting an establishment of religion" and the other protecting the "free exercise of religion". The interaction of these two provisions takes place in many and varied settings, from public school classrooms and assemblies to government support of church-related schools, to religious symbols and seasonal displays on public property. Tensions also arise in such special contexts as prisons, health care, the military, and government benefit programs.
LAW3 634 - (3)
Constitutional Law II: Speech and Press
Prerequisite: Constitutional Law.
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 a variety of theoretical/philosophical perspectives, the many specific First Amendment doctrines that have developed since the Court became active in the area during and after WWI are studied, 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. The gamut of First Amendment methodologies (such as overbreadth, vagueness, the rule against prior restraints, the prohibition on content regulation) and a variety of context-specific issues (such as campaign finance regulation, access to the public forum, and broadcasting), are examined.
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 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 considers the formation and operation of corporations and compares corporations to other business forms. It examines the roles and duties of those who control businesses and the power of investors to influence and litigate against those in control. The course also addresses the special problems of closely held corporations and issues arising out of mergers and attempts to acquire firms. The course uses both new tools derived from the corporate finance and related literature and traditional tools to explore a wide range of phenomena and transactions associated with the modern business enterprise.
LAW3 642 - (3)
This course examines the adjudication of criminal cases from "bail to jail." Topics include bail and preventive detention, prosecutorial discretion, case screening by preliminary hearing and grand jury, the right to effective assistance of counsel, discovery, the right to jury trial, double jeopardy, guilty pleas and plea bargaining, sentencing, and habeas corpus. Although some attention is given to statutory federal rules, the course emphasizes 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 are the law of searches and seizures, police interrogation, and the fifth amendment privilege against self-incrimination. Both the basic doctrine and underlying themes are covered.
LAW3 646 - (3)
Employment Law: Contracts, Torts, and Statutes
In contrast to the traditional labor law course, this course is an introduction to the diverse body of law that governs the individual employment relationship. The course examines a selection of the important issues that employment lawyers face in practice. Although coverage varies somewhat from year to year, such topics as contract and tort protections against discharge, trade secrets and non-competition clauses, ERISA, vicarious liability, alternative dispute resolution, and wage and hour laws such as the FLSA may be considered. Also discussed may be other topics in this exceptionally broad field, including FMLA, COBRA, WARN, OSHA, UI, and workers' compensation.
LAW3 647 - (3)
This course focuses 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 also examines 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
This course examines the federal copyright statute which protects rights in intellectual and artistic property. Some of the specific topics covered 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 include database protection; the legality of videotaping or photocopying copyrighted material including television programs, books, and 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 the analytic tools for understanding the structure and role of political philosophy in normative debate. Explored are the foundations of contemporary liberalism as it finds expression in the work of John Rawls. At least half of the course ise devoted to understanding Rawls' liberal theory of the state. The remaining portion of the course is devoted to a number of critiques and alternatives to liberalism. Among the authors discussed are Ronald Dworkin, Will Kymlicka, Thomas Nagel, Robert Nozick, Susan Okin, John Rawls, Michael Sandel, and R. P. Wolff.
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 provides a basic grasp of those laws, the policies that underlie them, and the legal practice that has grown up around them. Addressed are both conservation (the Endangered Species Act) and pollution control (the Clean Air and Clean Water Acts). Although the primary focus is on federal legislation and regulatory programs, some local, state and international dimensions are also explored. The materials and class discussions seek to illuminate not only current environmental law and policy, but also likely future developments such as increased use of emissions trading. Attention is paid to the interactions among key players in the development and application of the law, such as industry, agriculture, NGOs, courts, Congress, agencies and departments.
LAW3 652 - (2)
European Legal Systems
This course traces the development of European legal systems and methods from Roman law (the classical Roman jurists' law or property, torts and contracts as transmitted in Justinian's Digest) to modern civil codes (Austrian, French, German, Swiss and Russian). It includes a study of contemporary scholarly doctrine and jurisprudence of the courts. The course also examines the ongoing process of harmonization of private law in the European Union.
LAW3 653 - (3-4)
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 covesr questions of relevance, hearsay, privilege and expert testimony, among others, and it focuses largely on problems arising in concrete factual settings, as opposed to traditional case analysis. Major emphasis ise 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 focuses on the legal regulation of marriage and other intimate relationships, and the parent-child relationship. Substantial time is 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 decision makers, including Congress and the state courts. It examines 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. Also considered are the extent to which state courts are obliged to adjudicate questions of federal law and 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, which are different in important respects from the much larger body of state criminal law. The course covers the jurisdiction of the federal government over crime, including constitutional limitations; the emerging law of federal mens rea; four crimes that illustrate the enormous reach of the federal criminal law (the Mann Act, mail fraud, the Hobbs Act, and the Travel Act); and RICO, the most important organized crime statute in history. Broader policy questions, such as federal enforcement policies and the merits of the federalization of crime, are emphasized.
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 are 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 is also considered, as is income tax considerations unique to decedents.
LAW3 663 - (4)
Federal Income Tax
The course is intended to provide grounding in such fundamental areas as the concept of income, income exclusions and exemptions, non-business deductions, deductions for business expenses, basic tax accounting, assignment of income and capital gains and losses. Particular attention is paid to the processes for creating law and determining of liability in the tax area, the role of the Treasury and the taxpayer in the making of tax law and formulation of policy, and the significance of the income tax in government and business.
LAW3 668 - (3)
Food and Drug Law
This course considers the Food and Drug Administration as a case study of an administrative agency that must combine law and science to regulate activities affecting public health and safety. Covered are such issues as regulation of cancer-causing substances in foods, the use of risk-assessment techniques in regulatory decision making, the effects of FDA drug approval requirements on research and competition in the pharmaceutical industry, regulation of new medical technologies-such as gene therapy, human tissue transplants, and cloning-and the ethics of drug testing.
LAW3 669 - (3)
Health Care Law
This course provides an introduction to the landscape and government regulation of the healthcare market. The course first examines the three groups-healthcare providers, health insurers, and patients-around which the modern U.S. healthcare system is organized. It then examines how the government regulates relationships within and between these groups. Important themes that are covered include federal v. state authority over health care and the rising cost of health care. This course is not intended as an introduction to bioethics; rather it focuses on health care institutions and statutes.
LAW3 670 - (3)
This course provides an introduction to the complex substantive provisions of U.S. immigration laws and the procedures used to decide specific immigration-related issues. Considerable attention is 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 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 of foreign income earned by U.S. individuals and entities, and of U.S. income earned by foreign individuals and entities. The principal focus is on U.S. domestic law, but some attention is 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 seeks 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 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 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. It also focuses 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 Law.
This course examines employment law doctrine and theory from a practical perspective. Problems drawn from litigated cases and counseling practice illustrate how attorneys use these doctrinal rules and theoretical principles to control the legal consequences of their clients' employment relationships. Topics include 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 consists 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 ranges from traditional topics such as the nature of law, legal systems, and legal rights, to the role of moral theory in private law and legal justification. Recent contributions to such topics (e.g., legal pragmatism) are considered and assessed.
LAW3 684 - (3)
This course examines the federal framework for collective bargaining in the private sector, including regulation of the organizing process; determination of representative status; the balancing of economic weapons; negotiation, administration, and enforcement of collective agreements; and protection of individual workers within the collective structure. Coverage includes the basic unfair labor practices committed by employers and unions, and special attention is given the overall question of remedies, including the relationship of the NLRB and the courts.
LAW3 685 - (3)
This course examines the law and practice of labor arbitration, which is the principal means for resolving disputes over the meaning and application of collective bargaining agreements. The main focus is the grievance-arbitration machinery, created by private agreement, and its coordination with courts and public law generally. The "common law" of arbitration is presented through contractual disputes involving such topics as discipline and discharge, management rights, seniority and subcontracting. The impact of law on the arbitral process is then considered, most notably the development of a federal common law of labor arbitration.
LAW3 687 - (3)
Law and Economics
Illustrates the uses-and the limitations-of economic analysis in representative areas of the law, ranging from trial advocacy to abstract legal theory. A structured set of legal problems with significant economic content is used to acquaint the student with those technical economics tools most likely to be of use to a lawyer.
LAW3 689 - (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. A basic understanding of financial statements is particularly important for practices that involve investment banking, initial public offerings, and the issuance of securities. The course includes 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 are delineated.
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 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 internet in legal research; and nontraditional approaches to finding legal information.
LAW3 693 - (3)
International Criminal Law
Introduces a variety of problems posed by the investigation or prosecution of criminal laws in the international arena, and explores the foundations of international criminal law, including the bases for criminal jurisdiction. It then covers in depth two issues central to international criminal law, the extradition of fugitives and mutual legal assistance (i.e. international evidence gathering). Coverage of those issues includes the criminal procedure and U.S. Constitutional issues implicated. It also touches upon money laundering, the forfeiture of illegally obtained assets, U.S. laws impacting on U.S. business overseas, the relationship between the intelligence and law enforcement communities, the recent establishment of war crimes tribunals and the move to create an international criminal court, diplomatic immunity, and international prisoner transfer.
LAW3 694 - (3)
Intellectual Property: Patent
This course examines both the theory and practice of patent law. In particular, it covers 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, this course teaches some practical aspects of patent litigation and interpretation.
LAW3 696 - (3)
Constitutional History I: Articles of Confederation Through the Civil War
This course traces the history of American constitutional law development from the Articles of Confederation through the Civil War. Topics include the framing and ratification of the Constitution, the Alien and Sedition Acts, the landmark decisions of the Marshall Court, the constitutional ramifications of slavery, and various constitutional issues raised by the Civil War.
LAW3 701 - (3)
Genetics and the Law
This class explores various legal issues that arise in the context of the new genetic technologies. Initial sessions provide an introduction to the basic biology of human genetics and the objectives of the Human Genome Project, including the history of genetic research in the U.S., 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 surveys genetic privacy and access to genetic information, including questions of population screening and use of DNA as a unique identifier; forensic use of genetic information, particularly in the context of litigation; 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; alteration and ownership of biologic forms, where genetic engineering raises intellectual property issues; and 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 explores the legal regulation of how land may be used, with an emphasis on the constitutional and environmental dimensions of land use law. Topics include constitutional constraints on land use regulation, including those imposed by the First Amendment and the Fifth Amendment's Taking Clause; housing discrimination on the grounds of race, income, lifestyle, and disability; "environmental justice" issues, including regional obligations of municipalities for noxious facilities; environmental law as a constraint on land use; and land use law as environmental regulation. Although the course focuses primarily on the public regulation of land, it also addresses public ownership and private, market-based alternatives to regulation.
LAW3 719 - (4)
Government Contract Litigation: Disputes and Remedies
This course focuses on contract litigation before the Armed Services Board of Contract Appeals, using an actual Army Contract Appeals Division case file as an example. Topics include jurisdiction, pleadings and motions, written discovery, depositions, hearings, brief writing, ADR and settlement agreements, and post-hearing procedures and appeals.
LAW3 720 - (2)
Advanced Topics in the Law of War I & II (JAG)
The course provides an in-depth study of specific topics in the law of war building upon foundations laid during the core instruction. Discussions and readings consider and compare U.S and international perspectives on the law of war including views of U.S. allies, the U.N., the ICRC and NGOs. Topics include sources of contemporary law of war, in-depth consideration of the principles of the law of war and targeting, issues associated with battlefield status, regulation of internal armed conflicts, the interface between human rights law and the law of war, and mechanisms to enforce the law of war. The ICRC's casebook How Does Law Protect in War serves as the text.
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 negotiation process is examined 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.
LAW4 600 - (3)
Issues in Poverty Law
This seminar examines poverty in the U.S. and the ways in which the law, both intentionally and unintentionally, affects impoverished individuals and communities. Addressing historical and contemporary perspectives on poverty and poverty law, it considers a variety of topics, including welfare law and policy; the allocation of power between the states and the federal government in the provision and administration of programs for the poor; access to affordable housing and healthcare; the regulation of work; law enforcement in poor communities; poverty expressed by wealth versus income; and the status of economic class in the adjudication of constitutional and other claims. These topics are accompanied by an exploration of broader questions regarding access to legal representation, access to the courts, and the ways in which impoverished communities perceive and experience the law, the legal profession, and legal institutions.
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
This course 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 is paid to First Amendment issues, but there is some discussion of the regulatory economics of the broadcasting and newspaper industries.
LAW4 604 - (3)
Mental Health Law
This course addresses legal issues that pertain to the treatment of individuals with mental illness or mental retardation. The course explores the delivery of mental health services, the regulation of the mental health professions, and the relationship between society and people with mental disability. The course's interdisciplinary approach includes periodic guest lecturers from the disciplines of psychiatry, psychology, social work, and social services, as well as presentations by relevant legal practitioners. Topics include the nature of psychiatric diagnoses and mental disorders, the right to treatment and community services, professional liability for malpractice, civil commitment, relationships between criminal and civil justice systems, benefits eligibility, protection against discrimination, and client competence and surrogate decision making for incompetent clients.
LAW4 608 - (3)
National Security Law
This course is a comprehensive introduction, blending relevant international and national law, that defines national security and presents information about the causes of war and traditional approaches to preventing war. It examines the historical development of the international law of conflict management and institutional modes of conflict management, and the prohibition of war as an instrument of national policy. It also examines several case studies of specific national security issues, and examines war crimes and the Nuremberg principles, and the new international criminal court as well as the Yugoslav and Rwanda tribunals. It examines terrorism, the post 9-11 war against terrorism, American Security Doctrine, 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.
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-three of them authored by the same Chief Justice, John Marshall. The course can be viewed as a study of legal history, but it is also a story about contemporary legal conflicts that spill over into Congress and the federal courts with increasing frequency. As tribes seek to exploit both their natural resources, including in some cases their isolation, and their seeming independence from state and much federal regulation, they and their members are brought into conflict with other governments and other citizens. The availability of legal remedies, both for tribal members and others, is a second theme of the course.
LAW4 610 - (3)
Oceans Law and Policy
This course begins by examining the goals of oceans policy, outlining both community and U.S.' interests; providing several frameworks for analysis; then defining oceans claims and their political, economic, and strategic context. The course includes 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. 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 615 - (2 or 3)
This course presents an overview of the law of lawyering, focusing on the problems presented by the various roles of a lawyer as an agent of his or her client, an officer of the court, and a member of the legal profession. Topics include prohibited assistance, competence, confidentiality (including the attorney-client privilege), and conflicts of interest, and may include duty to the court and the lawyer-client relationship. Although the course will cover the ABA's Model Rules of Professional Conduct, a major theme is the relationship, and often the tension, between the duties imposed by ethics rules and the lawyer's obligations under "other law," including criminal law, tort law, contract law, constitutional law, procedural law, and agency law.
LAW4 619 - (3)
Prerequisite: Immigration Law or permission of the instructor.
This course examines in detail the basics of refugee law and the procedures involved in adjudicating claims to political asylum. Topics may include: theory and philosophy of refugee protection, comparative refugee law and procedure, the special dimensions of gender-based persecution claims, U.S. overseas refugee programs, restructuring the asylum adjudication process, "temporary protected status," the role of the Office of the UN High Commissioner for Refugees, regional and universal treaties concerning refugees, closer study of how the world community has coped and should cope with selected refugee situations (such as the former Yugoslavia, Sierra Leone, or Afghanistan), and extradition law (including the political offense exception).
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. Topics 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. Both applications in the criminal context (e.g., obscenity, parole, sentencing) and in civil law (e.g., desegregation, trademarks, custody) are considered. Psychology and sociology are the social sciences emphasized.
LAW4 623 - (3)
This course covers the federal regulation of the issuance and trading of securities. It examines the issuance process in detail, with attention to the Securities Act of 1933 and the intricate regulations and rules promulgated by the Securities and Exchange Commission. The definition of a security, selling process in public offerings, disclosure obligations, exemptions from registration, civil liability, and Rule 10b-5 of the Securities Exchange Act of 1934 will be studied. The course applies basic principles of financial economics as analytic tools.
LAW4 624 - (3)
This course covers the full range of issues involving sex discrimination and gender equality in public life, at work, and in the home. The emphasis, 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.
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, and in-depth study of the workings of litigation in Virginia, is organized and presented primarily for students who intend to practice law in the Commonwealth. The course includes a study of the Virginia judicial system and problems of jurisdiction and venue within that system; pleading and practice both at law and in equity; a study of the Rules of Court; and the procedural statutes and applicable case law.
LAW4 633 - (3)
Real Estate Transactions: Principles and Practice
Prerequisite: Federal Income Tax recommended, but not required.
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. Financial structures used to invest in real estate, principally pass-thru entities taxed as partnerships are analyzed with multi-family residential projects used for analytic purposes. Attention is paid to development issues, including site acquisition and evaluation, environmental regulation, market analysis and obtaining public approvals. The use of publicly held investment vehicles to finance real estate ventures is discussed, including the use of REITs and UPREITs, investment by tax exempt institutions and issues raised by debt securitization. Attention is also 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 examines how legal rules affect the production and dissemination of commercial information. It covers trademark law, trade secrets, trade dress, the right of publicity, and misappropriation law. For trademark law, the course further examines 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 covers 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 examines the basic principles in the application of the federal income tax to partnerships and their partners. 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 also examines and compares 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 explores the theory and policy of administrative law. In particular, it addresses issues of what makes administrative action legitimate, how administrative agendas get set, and how agencies respond to influence from others-both other political actors and outside interest groups. Most of the reading consists of articles from a variety of disciplines-political theory, administrative behavior theory, public choice theory, and law and economics.
LAW4 642 - (2)
This course examines sales and payments law in the context of international transactions. Topics include the United Nations Convention on the International Sale of Goods, documentary transactions and letters of credit under both Article 5 of the Uniform Commercial Code and the Uniform Customs and Practices, and special problems involved in dealing with foreign sovereigns (e.g., the Foreign Sovereign Immunities Act). It also takes a comparative approach by looking at the way different legal systems handle similar doctrines of sales law, such as warranties and risk of loss, and examines Article 4A of the Uniform Commercial Code.
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 U.S. The central issue throughout the course is, simply, what law governs a multi-jurisdictional dispute? It considers various theoretical bases for choice of law principles, as well as the principal constitutional limitations on choice of law. It also devotes some class time to advanced issues of in personam and in rem jurisdiction, the Erie doctrine, and the recognition and enforcement of judgments.
LAW4 650 - (2)
International Trade Law and Policy
Prerequisite: International Law or International Economics are recommended, but not required.
This course introduces the institutions and rules governing trade between sovereign states. Policy perspectives are taken from international economic theory and theories of international relations. The focus is the emergent World Trade Organization, the North American Free Trade Agreement, and various institutions of U.S. trade policy. Also considered are extraterritorial aspects of major regulatory schema, such as antitrust and intellectual property.
LAW4 654 - (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 draft pleadings, conduct discovery activities, and make a number of motions. Motion practice covered includes 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.
LAW4 656 - (3)
Ideas of the First Amendment
Prerequisite: Constitutional Law.
This course develops skills of close critical reading, as well as an understanding of the central ideas of the First Amendment tradition. The emphasis is on how those ideas emerged in various historical periods from particular political, legal, and intellectual struggles. Philosophical and polemical essays are studied as well as judicial opinions, including essays and opinions by John Milton, James Madison, John Stuart Mill, Learned Hand, Oliver Wendell Holmes, Louis Brandeis, and Alexander Meiklejohn. The course explores how the ideas of these thinkers bear on issues of contemporary First Amendment controversy.
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. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.S. courts, the scope of the treaty power, the validity of executive agreements, the 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. Current events, such as events relating to the post-September 11 war on terrorism and the 2003 war in Iraq, are also examined.
LAW4 661 - (3)
Employment Law Clinic
Prerequisite: Employment Law or Employment Discrimination Law recommended, but not required.
This year-long course is gives first hand experience in the practice of employment law, from client interviewing and counseling through formal and informal fact gathering, drafting administrative charges of discrimination, complaints, discovery, participating in simulated mediation, depositions, Motions arguments, opening statements and closing arguments. Motions and trial advocacy skills are taught and refined in the context of an employment discrimination case. In cooperation with the Legal Aid Justice Center and local attorneys, students participate throughout the year in litigating actual employment cases, which may include wrongful discharge actions, unemployment compensation claims, employment discrimination charges, or any other claims arising out of the employment relationship. It may also be possible for students to argue some motions (with appropriate Third Year Practice Certification).
LAW4 663 - (3)
Federal Land and Natural Resource Law
Prerequisite: Environmental or Administrative Law recommended, but not required.
The seminar surveys the laws and policies governing the management of lands and natural resources under Federal ownership (some one-third of the nation's continental land area). Beginning with a brief review of the history of federal land policy, the seminar focuses 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 are 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 examines the theoretical, ethical, and doctrinal principles and the practical constraints governing the exercise of the prosecutorial function at both state and federal levels. It focuses on such topics as the interplay between prosecutors and investigators, the nature of "prosecutorial discretion," the political dimension of the prosecutorial function, issues and controversies surrounding the independent counsel statute, the use and abuse of the grand jury, criminal discovery, and the special obligations of the prosecutor as trial counsel.
LAW4 665 - (3)
Appellate Litigation: Principles and Practice
This course deals with the most significant aspects of appellate practice, with a focus on the doctrines and rules applicable in the federal courts of appeals. The chief focus is on basic, first-level appellate process, using the Federal Rules of Appellate Procedure and applicable case law principles to illuminate the practical issues in handling any appeal, state or federal. Students draft several sections of appellate papers, including motions and component parts of briefs, such that partial submissions are made at intervals throughout the term. A full-dress brief is submitted late in the semester, and oral argument taken on that case.
LAW4 677 - (2)
Analysis of the Military Criminal Legal System (JAG)
This course provides an in-depth critical examination of the military criminal legal system. A comparative and historical approach is used to explore the military justice system's divided loyalty between constitutional safeguards and the military mission. Discussion of possible changes that might improve the system is encouraged.
LAW4 678 - (3)
This course explores many of the different legal issues surrounding the internet. Particular consideration is 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? The following substantive areas are included: copyright, patent, trademark, privacy, personal jurisdiction, torts, cyber crime, antitrust, sales, communications law, and taxation.
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 focus is 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 is 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.)
LAW4 683 - (3)
Duty to Obey
This course examines debates concerning our (alleged) moral duty to obey the law (and, more generally, our "political obligations"). It explores the justifications that have been offered for the various kinds of legal disobedience. Readings are from contemporary sources in political philosophy and legal theory, and consider arguments concerning consent, fairness, justice, associative responsibilities, civil disobedience, conscientious refusal, violent resistance, and revolution.
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 develops skills of general use in crafting and implementing strategies for clients in high visibility matters affecting the public interest. The course develops several case scenarios based on actual proceedings, including a rulemaking interpreting requirements of the Clean Water Act for local watersheds, litigation over threats to an endangered aquatic species and an enforcement action under the Clean Air Act. The cases involve a range of parties, including property owners, developers, and environmental groups as well as governmental agencies at the local, state and federal levels.
LAW4 695 - (2)
CaseFiles and Contracts
A variety of issues in basic Contracts law are presented through CaseFiles. None of these CaseFiles have been taught before at UVa and there are few, if any, precedents that were read in the first-year Contracts course. Each day, the class considers a different CaseFile, with the final examination being a a memo analyzing a specific CaseFile For a fuller description of the CaseFile Method, please see: www.CaseFileMethod.com.
LAW4 697 - (2)
Intellectual Property: Trademark
This class provides a thorough understanding of the application of trademark and unfair competition law to real life legal practice in a dynamic environment incorporating case studies and practical situations. This course covers the law that governs how brands may be legally protected, with topics including: trademarks as distinguished from other forms of intellectual property; trademark searching and clearance; federal and state registration of trademarks; the common law origin of trademark protection in the law of unfair competition; trademark infringement and dilution actions; the relationship between the allocation of domain names on the internet and protection of trademarks; and international treaties relating to trademarks.
LAW4 698 - (3)
Introduction to Jewish Law
This course reviews the development of Jewish law; its moral, socioeconomic, and political underpinnings; and its jurisprudential tradition in two areas: family law and criminal law. It covers several specific topics, 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. In addition, the law of capital punishment directly from Tractate Sanhedrin of the Talmud, the authoritative classical source of Jewish law, is reviewed.
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. It looks at three sorts of interests: participation, including various restrictions on the franchise itself; aggregation, including 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 governance, such as 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 covers the requirements of those federal causes of action, with particular attention to the cause of action under Rule 10(b)(5) and the role of class actions. One objective is to evaluate the effectiveness of the available remedies in light of the problems suggested by recent events such as the Enron debacle, the controversy over the role of stock analysts, and the significant decline in stock market values.
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 are addressed through a comparison of the financing, delivery and operation of health systems in different countries throughout the world. The course focuses 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 uses the U.S. health care system as a basis for comparison. Throughout, the legal and economic systems, as well as particular case studies, are examined. Topics include insurance, reimbursement mechanisms, the management of data and privacy, and public-private mix.
LAW4 710 - (3)
Aging and the Law
This course addresses 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 employer-provided pensions).
LAW4 711 - (3)
Bioethics and Jewish Law
This course examines the approach of Jewish law to bioethical issues. After an introduction to the basic concepts, values, and sources of Jewish law, the application of Jewish law to several bioethical topics-including the duty of medical treatment, abortion, artificial insemination, euthanasia, organ transplantation, and cloning-are examined. Reading assignments come from classical sources of Jewish law, rabbinic response, modern scholarly discussions, and Israeli case law. No prior training in either Jewish law or bioethics is assumed.
LAW4 712 - (3)
Corporations (Law & Business)
Prerequisite: Accounting, Corporate Finance.
This course considers the formation and operation of corporations and will compare corporations to other business forms. It examines the roles and duties of those who control businesses and the power of investors to influence and litigate against those in control. Also addressed are the special problems of closely held corporations and issues arising out of mergers and attempts to acquire firms. The course usees both new tools derived from the corporate finance and related literature and traditional tools to explore a wide range of phenomena and transactions associated with the modern business enterprise.
LAW4 714 - (3)
Legal Issues in Corporate Finance
Prerequisite: Accounting, Corporate Finance, Corporations.
This course 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. 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 focuses significantly on First Amendment doctrine and theory, including free speech, freedom of the press, and religion.
LAW4 724 - (3)
Germs and Justice: Infectious Diseases and the Law
This course examines legal issues associated with efforts to prevent or limit the spread of infectious diseases. It begins with a historical overview of early infectious disease treatment and prevention methods, how the existence of infectious diseases has influenced the development of public health law, and the effectiveness and impact of public health law measures designed to control infectious diseases. It then moves to current issues such as the use of voluntary and mandatory quarantine; identification and notification requirements; mandatory screening, testing, and treatment; and the government's role in combating infectious diseases, including its regulation of vaccine and medication research and development and proprietary rights to the products of this research and development. It also addresses some international issues and how proposed responses to bioterrorism comport with existing public health measures and related law.
LAW4 733 - (3)
Jurisprudence, Sex, and Gender
This course investigates the bodies of jurisprudence that regulate and construct sex, sexual orientation, and gender in contemporary culture. Like other social institutions, law explicitly assumes that there are two sexes and two sexual orientations, and it implicitly, but powerfully, acknowledges the existence of two distinct genders. The emergence and development of constitutional and statutory rules concerning classifications based on sex and sexual orientation, and the ways in which they interact with formal and informal gender norms are studied. The course explores a range of issues that affect the lives of men and women, whether straight or gay or both, including education and employment opportunities, military service, marriage and divorce, pregnancy related questions and parental rights, and the criminal regulation of sexuality and sexual orientation.
LAW 4 738 - (3)
International Financial Architecture
This course focuses on the history and evolution of one of the world's oldest securities markets-the market for sovereign debt. The central question is that of how this market works to tackle sovereign insolvencies. Unlike with corporations, sovereigns cannot declare bankruptcy; over the years, there have been numerous proposals for a sovereign bankruptcy court to be established. This course examines the viability of some the leading proposals, as well as market alternatives.
LAW4 745 - (2)
Comparative Corporate Governance
This course begins with a characterization of the issues relating to corporate governance, including the principal-agent problem, nexus-of-contract theory, shareholder supremacy versus stakeholders' interests, and limited liability. The course then moves to a comparative legal analysis, examining the structure of the corporation in various jurisdiction (U.S., EU, Societas Europea, France, Germany) with discussions of, among other topics, the board system versus the two-tier system, the role of the shareholders' meeting, and the role of auditors. Other topics include the sources of applicable rules and regulations; protection of shareholders' rights; composition of corporate boards, including co-determination on the board level; and corporate groups, especially multinational groups.
LAW5 601 - (3)
Indochina War: Legal and Policy Issues
Prerequisite: International Law or National Security Law recommended, but not required.
Few national security law issues have been more controversial or more misunderstood than America's tragic involvement in Indochina. 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, and legal regimes governing war crimes and the treatment of prisoners of war.
LAW5 602 - (3)
American Legal History
This seminar provides an opportunity to investigate problems in American legal history and to learn from one another. Students 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 also has a weekly appointment time to discuss 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, and concludes with a mini moot court, which 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 explores 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. Recent studies by Yale Professors Donald Kagan and Bruce Russett , and by University of Hawaii Professor Rudy Rummel are 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 are examined to test competing theories.
LAW5 607 - (3)
Hallmarks of Distinguished Advocacy
Each class session begins with 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, audio tapes from Supreme Court arguments and other materials designed to illustrate both superb and disastrous oral work. The second half gives students an opportunity to perform, and be critiqued on, short oral advocacy exercises.
LAW5 610 - (3)
Business Reorganization under Chapter 11
Prerequisite: Bankruptcy recommended, but not required.
This seminar focuses on the practical and strategic applications of Chapter 11 of the Bankruptcy Code. Examined are applicable statutory and case law with particular emphasis on hypothetical and actual fact situations to demonstrate how the Chapter 11 process works. Legal and tactical considerations confronting debtors and creditors in a business reorganization are analyzed so that students can appreciate the negotiation, litigation and transactional components of a Chapter 11 case. At the conclusion of the semester, students participate in a mock Chapter 11 plan confirmation hearing presided over by a U.S. Bankruptcy Judge.
LAW5 611 - (2)
Prerequisite: Constitutional Law.
The seminar is a survey and discussion of selected contemporary problems in civil liberties such as freedom of speech, freedom of the press, censorship, religious liberty, rights of privacy, academic freedom, sexual orientation, and alcohol and drug abuse, using both case law and contemporary writings as base materials. There is some overlap with Constitutional Law II, as to both subject matter and particular cases addressed.
LAW5 615 - (3)
The Rule of Law: Controlling Government
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 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 include social security reform, campaign finance reform, the property rights movement, and promotion of democracy.
LAW5 617 - (3)
Secured Transactions (Law & Business)
This course is an introduction to debt financing, with particular emphasis on the use and enforcement of security interests in collateral and on the priority structure of creditor claims against a business organization. The course takes a transactional (deal-making) rather than litigation perspective. Although the focus is on personal property security interests (and UCC Article 9), the course also discusses some pertinent provisions of state statutes governing mortgages and of the federal Bankruptcy Code. As part of the law and business track, the course assumes familiarity with accounting, valuation, and corporate finance concepts and methodology.
LAW5 618 - (3)
Securities Regulation (Law & Business)
Prerequisite: Accounting, Corporate Finance, Corporations.
The course examines 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. The focus throughout is on compliance rather than litigation. 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.
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 not required.
The Criminal Defense Clinic is designed to provide for a first-hand experience-based study of the processes, techniques, strategy, and responsibilities of legal representation at the trial level. The casework component of the clinic engages 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 trial court level, and their practical and tactical application. Pretrial and trial stages are covered, including: grand jury proceedings, indictments, immunity grants, pretrial motions, pretrial discovery, plea bargaining, motions and objections during trial, evidentiary issues arising on direct and cross-examination, post-trial motions, sentencing, protecting the record for appeal. The seminar is based upon the Federal Rules of Criminal Procedure and comparable provisions of State jurisdictions, and also covers certain provisions of the Federal Rules of Evidence which have particular pertinence to criminal trials.
LAW5 625 - (3)
Corporate Financial Transactions
This year-long seminar concerns corporate decision-making in financial transactions. It focuses on governance issues and the allocation of control among the board of directors, management and other constituencies. Topics include debt and equity financing, venture capital, initial public offerings, mergers and acquisitions, shareholder activism, executive compensation, spin-offs and financial distress. Course materials include case studies, statutory and case law, law review articles, and financial economics articles.
LAW5 630 - (3)
Environmental Practice Clinic
The Southern Environmental Law Center supervises up to three students per semester, who engage in supervised environmental practice activities at the Center. Attorneys at the Center 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 are 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 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 640 - (3)
Employment Law: Health and Safety
While hundreds of thousands of employees every year suffer accidental injuries, occupational diseases, or become victims of violence in the workplace, injury rates have fallen steadily over the last century. What role has legal regulation played in this decline? How might existing laws be better designed to improve workplace health and safety without imposing unduly large regulatory burdens on employers? This course considers such questions as it examines legal responses to work-related health and safety issues. The worker's compensation system and the federal Occupational Safety and Health Act (OSHA) are studied in some detail. Course coverage also includes topics such as workplace violence, drug testing, smoking, and health insurance. Designed to complement the companion offering on Employment Law: Contracts, Torts & Statutes.
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 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 instructor permission.
This course provides 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. Class sessions provide the opportunity to discuss human rights law concepts and lawyering practice, and the legal, strategic, ethical and theoretical issues raised by the project work. The clinic also provides instruction in and development of international human rights law research and writing skills. There is no live-client representation.
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 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. Russia is used as an example of an emerging market presenting particular characteristics and problems that provide important insights into emerging markets elsewhere in the world.
LAW5 649 - (3)
Antitrust Review Mergers in a Global Environment
Prerequisite: Antitrust, undergraduate economics coursework, or similar experience recommended, but not required.
In this seminar, students 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 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. Some time is also spent 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 include the recent decisions in the SBC/Ameritech and Boeing/McDonnell Douglas mergers.
LAW5 652 - (3)
Appellate Litigation Clinic
Prerequisite: Third year status.
This year-long 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 are examined. Fundamentals of oral and written appellate advocacy are discussed, with a focus on each student's individual work project.
LAW5 657 - (3)
Law and Higher Education
Prerequisite: Constitutional Law helpful, but not required.
This seminar focuses on the areas of the law with particular application to the operations of institutions of higher education. Topics include institutional governance and policy making; faculty and student rights and responsibilities; Constitutional issues involving application of the guarantees of the First, Fourth and Fourteenth Amendments; civil rights issues, including diversity and affirmative action, the rights of the disabled, and gender-based issues; liability issues in the institutional setting; research-related issues; issues concerning affiliated entities; and the legal implications of increasing technology in higher education.
LAW5 659 - (3)
Alternative Dispute Resolution: Representing Clients in Mediation
Basic approaches to mediation are explored through readings, exercises, discussion, and role play. Topics 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 are demonstrated and students participate in role playing to sharpen their own skills both as advocates and neutrals. Mediation skills training is conducted over a weekend in the middle of the semester and is a requirement for completion of the course.
LAW5 660 - (3)
Government Ethics: Conflicts of Interest, Lobbying and Campaign Finance
There is increasing concern in Congress and in the various state legislatures about the rules governing conflicts of interest, lobbying and campaign finance. Particularly at the state level, 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? Lobbying presents equally difficult issues. Finally, what restrictions have legislatures and courts placed on the financing of campaigns, and what reforms are necessary? These issues are of great importance to the fabric of our society, but they also have practical implications for lawyers. It is becoming increasingly difficult for clients to conduct business with government officials and agencies without a reasonably sophisticated grasp of the rules governing conflicts of interest, lobbying and campaign finance.
LAW5 662 - (3)
Legislative Drafting and Public Policy
In this seminar, students draft legislation and supporting documentation on an issue of particular interest to the student. Where possible, students contact a staff member of the Virginia Office of the Attorney General, General Assembly, or Division of Legislative Services with an interest in the issue being researched. Topics researched in past semesters have included domestic violence, euthanasia, sexual harassment, gun control, recycling, oil spill liability, migrant farm workers, hostile corporate takeovers, sexually-transmitted diseases, fetal abuse, 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 introduces 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 considers the influence of ideology on law, the reform process, and the realization of institutional change in constitutional, civil, criminal and administrative law. It also examines 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 investigates the federal regulatory apparatus under which research is currently conducted, including the role of Institutional Review Boards in approving scientific investigations; 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 particular 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.
LAW5 671 - (3)
Psychiatry and Criminal Law
This interdisciplinary seminar focuses 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. The course includes 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 explore contemporary issues in forensic psychiatry, including adjudicative competency (e.g. competency to stand trial, competency to waive rights), criminal responsibility (e.g. the insanity defense, diminished capacity), mental health expert testimony, mental disorder and violence, criminality and mental illness, capital cases, juvenile offenders, and sex offenders.
LAW5 676 - (3)
Tobacco Policy Research Seminar
Participants in this interdisciplinary seminar 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, and environmental tobacco smoke restrictions. Many sessions 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 are 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.
This year-long clinical course exposes 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 explore a range of practical, ethical, and intellectual issues involved in the discharge of a prosecutor's duties and responsibilities, including the exercise of discretion in the decision to initiate, prosecute, reduce, or drop charges; interaction between prosecutors and investigative agencies and law enforcement personnel; dealing with victims and other witnesses; and relationships with defense counsel. Ethical issues include discovery and exculpatory evidence, duty not to prosecute on less than probable cause, cross-warrant situations, prosecution of multiple defendants and joint trial, witness recantation and preparation, and improper argument at trial.
LAW5 685 - (3)
In this seminar, students are prepared for work in the trial court and for the atmosphere of the courtroom. Extensive use is made of simulated trial episodes. During the early weeks of the semester several phases of trial practice are illustrated, and students are 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. Instruction in the practice and technique of advocacy is provided during each class session. All sections schedule at least one full mock trial in which each student serves 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 Continuing Legal Education (CLE) in cooperation with the Law School. 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 twenty years.
LAW5 687 (3)
Lawyers and Justice: Ethics in Public Interest Lawyering
This seminar focuses on how ethical and moral considerations intersect with the practice and theory of law. Several categories of lawyering are covered, including "impact," or class-action litigation in which lawyers seek to alter social and/or economic relations through test cases; government lawyering, where the relationship between policy and law is inextricable; lawyering for specific status groups, such as women or the poor; and legal services lawyering, which typically involves the representation of indigent clients. Using legal, historical, sociological, and philosophical readings as points of departure, the seminar explores questions such as: Whose conception of justice should control decision-making in public interest lawyering? How should cause lawyering be defined? What models of lawyering are most appropriate for advancing particular social causes? Who is the client in class-action litigation? How should inadequate representation be defined in the context of public interest law?
LAW5 691 - (3)
Free Expression in Cyberspace
The first part of the course addresses 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 examines the complex ways in which law is used to regulate the level of individual violence in society. Topics include the uses of criminal law (e.g., deterrence, incapacitation, rehabilitation), public health law (gun control, drug and alcohol restrictions), mental health law (involuntary hospitalization) and tort law (liability for failure to prevent violence). Legal theory and empirical research receive equal emphasis.
LAW5 695 - (3)
Current Legal Ideas
This seminar explores the greatest hits in legal thinking over the last several years, focusing each week on an article pushing at the edge of some envelope in legal theory. Law and economics, legal feminist theory, and First Amendment theory are all fair game-whatever looks most interesting.
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. Legal analyses focus on the texts of those treaties, but also examined are relevant U.S. domestic law and some international trade law. The course includes 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 are the focus of this seminar. Considered are selected justices, including their background before coming to the Court, their major decisions, their jurisprudence, their interaction with other justices, and their legacy.
LAW5 704 - (5)
Negotiation and Public Practice Clinic
Prerequisite: Third-year status; second-year students may apply. Negotiation Institute recommended, but not required.
This year-long clinic provides students with an opportunity to develop practical skills in negotiation, legal writing, litigation, legislation, public policy, and politics through an internship in local government. Students work under the supervision of a city or county attorney in the Charlottesville area and 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.
LAW5 706 - (1)
Seminars in Ethical Values
Prerequisite: Third-year status. Second-year students may enroll beginning August 1.
The Mary Morton Parsons Seminars in Ethical Values are designed to enhance students' understanding of ethical issues and address the broader ethical and moral responsibilities of the lawyer as citizen and leader.
LAW5 707 - (3)
Estate Planning: Principles & Practice
Prerequisite: Federal Income Tax, Trusts and Estates, Federal Taxation of Gratuitous Transfers (this course may be taken concurrently).
This seminar considers the principal tax and non-tax aspects of estate planning, with emphasis on sophisticated tax planning techniques for wealthy individuals. Topics covered 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 deferred giving techniques; life insurance; dealing with special assets and closely held businesses; planning for the payment of 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; comparison of wills, trusts, and other techniques; and ethical considerations.
LAW5 709 - (3)
Guns, Germs, and Lead: Public Health Law and Ethics
This course explores 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 highlights the challenge posed by public health's population-based perspective to traditional individual-centered, autonomy-driven approaches to bioethics and constitutional law. Other themes center on conflicts between public health and public morality and the relationship between public health and social justice. Illustrative topics include mandatory immunization, screening and reporting of infectious diseases, prevention of lead poisoning, food safety, prevention of firearm injuries, airbags and seat belts, mandatory drug testing, syringe exchange programs, tobacco regulation, and restrictions on alcohol and tobacco advertising.
LAW5 711 - (3)
International and Foreign Legal Research
Prerequisite: Legal Research and Writing.
This course provides a survey of research resources, methods and strategies unique to international and foreign law. Topics 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, and trade law. The goals of this course are to introduce the components of a complex international legal problem; develop research skills using basic print sources, online databases, and the Internet; and 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 clinic involves instruction and practical training in patent drafting as well as the negotiation and drafting of patent and software license agreements. Students are assigned to one or more significant drafting and counseling projects in one or both of these two areas. Other functions which the clinic covers include evaluation of inventions and computer software for patentability and commercial value; counseling 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 is undertaken where appropriate.
LAW5 719 - (5)
Housing Law Clinic
Prerequisite: Second- or third-year status; Negotiation Institute recommended, but not required.
This year-long clinic, offered in conjunction with the Legal Aid Justice Center, includes both a classroom seminar and supervised client representation in housing related cases and matters. The classroom component focuses 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) is also provided. Throughout the year, students work with the Center's organizational clients to influence the allocation of state and federal funds to support housing for low income people. This work includes 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 providing other advocacy support in furtherance of these objectives.
LAW5 729 - (3)
Gender and the Law
This seminar investigates the legal and political significance of gender in contemporary culture. Readings focus on the history of the feminist movement, as well as on current developments in feminist jurisprudence, and include many of the central texts concerning the ways in which gender does and should shape our individual and collective destinies. The seminar explores 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 is given to key current issues including foreign control of airlines, Homeland Security issues, and other similarly timely topics. Frequent visitors from industry join in the class.
LAW6 615 - (2)
Commercial Law: Payment Systems
A core course in the area of commercial law, this course explores the law governing various payments systems, including checks, letters of credit, credit cards, ATM and debit cards, wire transfers and internet banking. Covered are such topics as: check fraud; identity theft; negotiable instruments; the use of letters of credit in both domestic and international trade; bank liability for "aiding and abetting" customer fraud; consumer protection issues; guarantees and the law of suretyship; and the legal relationship between a bank and its customers. Also examined is the business context within which the legal rules are applied. Some emphasis on litigation strategy and the drafting of agreements to contain risk from the bank's perspective is included.
LAW6 656 - (3)
Equality and the Law
This seminar concerns itself with the following questions: How does the American legal system attempt to create equality? How does our understanding of equality differ for various protected groups? What is the relationship between constitutional and non-constitutional rights? To what extent have governmental actions succeeded in creating equality? Legal scholarship addressing these questions in various contexts-particularly race and gender-comprises the texts for the course.
LAW6 697 - (2)
Jury Trials in America: Understanding and Practicing before a Pure Form of Democracy
The seminar immerses students in the world of jury trials, and examines the history of our jury and current perceptions of its role, jury selection processes from summoning through voir dire, factors affecting juror performance during the trial, jury management challenges such as increasing juror comprehension in complex litigation and juror privacy, and current policy debates concerning jury proceedings.
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 Civil Liberties.
Conducted in conjunction with the Thomas Jefferson Center for the Protection of Free Expression (www.tjcenter.org), this clinic offers 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 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 covers 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" or a national retail sales tax. Attention is given to current efforts by the Treasury to deal with "tax shelters" undertaken by corporations and individuals to reduce their federal income tax liability; efforts by U.S. corporations to go through a process of "inversions" so they become subsidiaries of new corporations organized in countries having little or no income taxes; efforts to simplify the current income tax; the relative tax burdens of single and married persons; proposals to restructure social security taxes and benefits; and new problems involved in sales taxes and income taxes in international and interstate transactions via the Internet.
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 include the law of slavery, Reconstruction, family law, immigration, citizenship, liberty of contract, freedom of speech, legal thought, and the civil rights revolution.
LAW7 609 - (3)
Persuasion for Advocates
This seminar explores principles and techniques of persuasion as applied in the legal arena. Following an initial review of techniques of persuasive oral advocacy, the course will treat the application of those techniques in opening, closing, witness examination and oral argument. Other sessions demonstrate the effective use of visual aids as persuasive tools and examine the application of persuasive principles in written advocacy.
LAW7 612 - (3)
Race and the Law
This course examines the response of law to racial issues in a variety of contemporary legal contexts, with an emphasis on issues concerning African-Americans. Likely topics 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 course.
The principal objective of the seminar is to sharpen skills of close reading and critical analysis. The seminar begins with an overview of general writing about the freedom of speech, including both philosophical and historical treatments. After that, each session is devoted to a close critique of one (relatively short, usually recent) law review article on the subject.
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 the origins of the Warren Court, that Court's legacy, and the extent to which that legacy survives today; the relation between presidential politics and the work of the Court; the interplay between the Court and the country at large; specific doctrinal developments; the philosophies of the individual justices; and voting blocs and behavior on the Court.
LAW7 626 - (3)
Feminism and the Free Market
Feminist theory has exhibited great ambivalence concerning women's 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 examines 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 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 Practice
Prerequisite or Concurrent: Corporations.
This course deals with legal and business issues that arise in the context of representing emerging growth technology companies, with a particular emphasis on corporate formation, governance and capital structure, key employee contracts, venture capital transactions and intellectual property. The course provides an introduction to practice in this area through the eyes of an attorney who is active in Northern Virginia's technology market and who practices with a Silicon Valley-based law firm. The course also includes several practice exercises designed to introduce students, working in practice teams, to the process of structuring and executing transactions in this area
LAW7 632 - (3)
Readings in the Religion Clauses
Prerequisite: Constitutional Law.
This seminar begins with an overview of writings about the freedom of religion, including both philosophical and historical treatments. Following weeks consist of a close critique of one (relatively short) law review article on the subject. The principal objectives are to sharpen skills of close reading and critical analysis as well as to deepen understanding of the difficult issues surrounding the freedom of religion.
LAW7 634 - (5)
Child Advocacy Clinic
Prerequisite: Second- or third-year status. Negotiation Institute recommended, but not required.
This year-long clinic is offered in conjunction with JustChildren, a program of the Legal Aid Justice Center in Charlottesville. Students enrolled in the Child Advocacy Clinic may represent children with legal issues in the areas of education law; laws governing access to services for incarcerated children; mental health and developmental disabilities law; and foster care and social services law. In some cases, students may work with the child's Public Defender to develop sentencing options for the Juvenile Court that will meet the child's needs. The seminar also focuses 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. It examine a range of theories and views about the right relationship between 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. The course not only seeks to come to terms philosophically with these theories and concepts but also explores how they might apply in actual policy settings.
LAW7 640 - (3)
Anti-Terrorism, Law and the Role of Intelligence
In the aftermath of the 9/11 terrorist attacks and the Bush Administration's doctrine of pre-empting future such attacks, this seminar will examine the current posture of the U.S. Intelligence Community (IC) to supply the intelligence information on which a decision to launch a pre-emptive strike must be based. Specifically examined are the USA PATRIOT ACT; the Creppy Memorandum closing special immigration proceedings to the press and public; the U.S. military order creating military tribunals; and the Odah, Padilla, and Hamdi cases. The seminar attempts to define a meaningful role for both law enforcement and intelligence faced with the threat on U.S. soil of terrorist acts by armed sub-national groups and will sketch what may be a changing role for the courts in dealing with the legal and constitutional disputes that a ceaseless war against an "ism" will present.
LAW7 641 - (3)
Law and Ethics of Psychiatric Care
This interdisciplinary seminar addresses legal and ethical issues in psychiatric care. After an introduction to the practice of psychiatry at the University and to basic medical concepts bearing on psychiatric practice, the goal is to 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 are also 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 initial focus is on the issues and debates, and of different scholarly viewpoints, including historical, feminist, law and economics, and social science and law perspectives. After that, each week has as its focus a single law review article.
LAW7 644 - (3)
Special Topics in Mergers and Acquisitions
This seminar focuses on certain advanced topics in mergers and acquisitions, including the treatment of bank acquisitions, joint ventures, and telecommunications acquisitions. It also looks at valuation and strategic purposes for mergers.
LAW7 645 - (3)
Colloquium in International Relations Theory
This colloquium 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 alternate between preparation for presentations by outside speakers (principally professors of law and international relations at other universities) and sessions in which distinguished scholars discuss their work in progress with the class.
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. This seminar explores a number of legal cases that stand as signposts for critical moments in the history of Bioethics. Among the topics surveyed are: informed consent (Schloendorf, Cobbs, Canterbury); the "right to die" (Quinlan, Barber); refusal of medical treatment on religious grounds (Jehovah's Witness and Christian Science Cases); sexual sterilization, birth control, abortion (Skinner, Griswold, Roe v. Wade); medical confidentiality (Tarasoff, Jaffee); assisted suicide and euthanasia (Quill, Kevorkian); disabled infants and medical futility (Baby K.); genetic technology (Moore, Buzzanca); and end of life decisions by surrogates (Cruzan).
LAW7 650 - (3)
Strategy in Civil Litigation: Pleading and Procedure
Prerequisite: Civil Procedure.
This seminar concentrates on skills needed in effective pretrial advocacy. It emphasizes strategy in pleading, motions and discovery practice, and stresses both the style and substance of winning litigation techniques. Materials include 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, are 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 are all discussed in depth.
LAW7 655 - (3)
Mental Health Law Clinic
Prerequisite: Second- or third-year status.
This year-long clinic is offered in conjunction with the Legal Aid Justice Center. Students 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 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 clinic involves many of the same projects as P&L I, but students 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, and preparing information disclosure statements), or working exclusively with licensing agents to draft license agreements, negotiate licensing terms and conditions, prepare confidentiality agreements and marketing documents. Other possible functions may 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 is undertaken where appropriate.
LAW7 657 - (3)
This seminar examines the role of appellate courts in our legal system and provides a practical introduction to appellate litigation. Topics 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. The sustained focus throughout is on the finer points of appellate advocacy and helping students 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 covers 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 U.S. 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 seeks 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 663 - (3)
Environmental Liability Litigation
This seminar deals 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 receives 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 is also be given to the problem-involving both science and law-of proving that a pollutant or a product was in fact the cause of harm.
LAW 7 664 - (3)
Supreme Court: October Term 2003
An examination of the Supreme Court by discussing selected cases from October Term 2003. Cases drawn from different areas of the law, both statutory and constitutional, are discussed in the context of the legal issues resolved as well as broader questions about the Supreme Court, its rules and role, and its methods of deciding cases.
LAW7 665 - (3)
Practical Trial Evidence: Principles and Practice
This class explores the most commonly encountered evidentiary challenges in litigation today. The 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 learn how to select among options to achieve evidentiary goals: different routes to obtain admission for the same or equivalent proof (and alternative objections to attain exclusion). The federal rules of evidence are used in this class for most activities, and students become familiar with the most important procedures that commonly face trial lawyers, along with several evidentiary issues where evolving case doctrines leave dramatic room for lawyering skill to make all the difference in determining whether items of proof are received, and thus whether cases are won or lost.
LAW7 669 - (3)
Law and Literature: Cross Disciplinary Perspectives
This seminar explores law, literature, and the multiple ways in which they are connected. It focuses 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 profession. Texts include excerpts from trials, cases, legal and literary scholarship, and works of fiction.
LAW7 772 - (3)
Contract Theory and Commercial Practice
This seminar discusses recent advances in contract theory using relatively simple ideas from information economics, game theory and real options. The seminar covers 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, Evidence.
This year-long clinic provides students with the opportunity to assist in litigating a capital habeas case, where they gain intensive experience handling certain phases of post conviction litigation. The clinic is centered around cases assigned to the Virginia Capital Representation Resource Center. Ordinarily, students receive a particular case at, or close to, inception (i.e., after denial of direct appeal by the Virginia Supreme Court).
LAW7 775 - (3)
International Ifs in the Mid-Twentieth Century
This seminar undertakes a variety of "what if?" speculations associated with crucial events from the middle of the twentieth century, with special attention paid to the potential role of international law. Could free-trade treaties and a more enlightened international currency policy have prevented the Great Depression? If France and Great Britain in the 1930's had enforced the Treaty of Versailles against Germany, or had triggered the series of alliance treaties supposedly protecting Czechoslovakia at the time of the Munich crisis, would World War II have been avoided? Could a different version of the treaty founding the United Nations have averted the Cold War? In the context of developing these and other case studies, the role of international law (and other factors) in the actual events are examined to develop a typology of questions to ask in rigorously pursuing associated legal-historical hypotheticals, and debate whether one speculation about an alternative course of events can ever be more valid than any other speculation.
LAW7 776 - (3)
Refugee Law Clinic
Prerequisite: Immigration Law.
Students in this year-long clinic represent individuals from around the globe who have experienced human rights abuses and are seeking asylum in America. Working in pairs, students are 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 person's 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 and those who want to understand more deeply the underlying structure of IP and also try their hand at some of today's most vexing IP problems. This seminar includes a particular focus on the international aspects of intellectual property protection.
LAW7 778 - (3)
Advanced Legal Writing
This course is taught in a small group setting and takes off where the first-year course ends. The goal is to increase experience and mastery of writing skills that may be used in legal practice. Some time is spent honing skills learned in the first-year course but the majority is spent on other matters that may be expected in practice. Topics may include letters to clients, legislative drafting, contract drafting, trial court motions and pleadings, settlement documents, and judicial opinions.
LAW7 780 - (3)
Law and Ethics in the Practice of Neurology
This interdisciplinary seminar addresses legal and ethical issues in neurological care. The class begins with an orientation to the practice of neurology at the University and to basic medical concepts bearing on neurological practice, and then it brings 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 are also made to identify areas of divergence and convergence in professional norms.
LAW7 781 - (3)
Issues in State and Local Taxation and Fiscal Policy
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 focuses on how decisions are made by corporations in the context of control transactions. Course materials include case studies, statutory and case law, law review articles, and financial economics articles. It begins with a survey of the current literature regarding the nature of the firm, agency problems, and the relationships among the board of directors, management and shareholders. It then considers specific control transactions, such as a seed financing, initial public offering, proxy battle, merger, sale and refinancing. Also considered are the roles of various entities and institutions, including legislatures and judges, corporate lawyers and financial intermediaries, such as underwriters, venture capital partnerships and lenders.
LAW7 784 - (3)
Regulation of New Media
Prerequisite or concurrent: One of the following: Antitrust, Communications Law, Copyright Law, or Internet Law.
This seminar examines recent trends in the regulation of new media, including the Internet, cable television, and wireless communications. The focus is 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 addresses 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 788 - (3)
This seminar considers the role of venture capital in the start-up environment from both a theoretical and practical perspective. Of particular focus is 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 is 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. The course includes guest presentations by industry participants.
LAW7 789 - (3)
Advanced Topics in Civil Procedure and Evidence
This seminar addresses a number of salient and controversial issues in the design of civil litigation, from filing to judgment. The approach is eclectic, but the emphasis is on game theory, law and economics, and incentives analysis in general. Topics 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 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 are studied.
LAW7 794 - (3)
Prerequisite: Constitutional Law.
This course confronts many of the major, transsubstantive questions of normative constitutional theory addressed by the scholarly literature over the last half-century. How majoritarian is our Constitution? In particular, is judicial review "countermajoritarian"? What is the appropriate method of constitutional interpretation? Is it originalism, nonoriginalist, textualism, or some type of nontexualist interpretive method? Are moral norms incorporated in the Constitution, or should judges and other constitutional interpreters eschew moral argument? To what extent are constitutional norms appropriately "underenforced"?
LAW7 795 - (3)
Problems of International Law and Regulation
Prerequisite: International Relations is recommended, but not required.
This seminar is designed for students who have completed one or more courses in international law, and want to understand international regulation as a system (of which international law plays a part). The seminar gives 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 divides 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 perspective. It examines 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 rights? Applications will include real property, intellectual property, property rights in people, and property rights in contracts and organizations.
LAW7 797 - (3)
This seminar explores 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 is on the rigorous evaluation of scholarly argument rather than on original research. Readings consist of both classic works in the field and important current studies. After a several-week overview of the field, each session is devoted to an intensive study of one article.
LAW7 798 - (3)
Lawyers, Law, and Film
This seminar explores 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, and the evidence they are expected to offer?
LAW7 800 - (3)
Employee Pension and Health Benefit Plans: Current Key Issues
This seminar examines 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 are considered.
LAW7 801 - (3)
Advanced Issues in Criminal Justice
Prerequisite: Criminal Adjudication or Criminal Investigation.
This seminar examines a number of topics in substantive Criminal Law and Criminal Procedure, and evaluates 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 is on recreating the uncertainties that characterized civil rights doctrine in the 1940s-a 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 Justice's Civil Rights Section and the NAACP's 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 takes a practical approach to the investigation and adjudication of complex federal crimes. Students trace the evolution of a criminal investigation, from its genesis through its courtroom conclusion, and 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. Also explored are the standards governing the investigative power of the grand jury, such substantive criminal statutes as RICO, the USA Patriot Act, and statutes proscribing corporate crime. 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 are reviewed, as is the federal death penalty and the controversy surrounding its application.
LAW7 804 - (3)
Health Care Policy
This course begins with an examination of the nature of demand for and supply of health care. The focus is on the U.S., but international markets are also discussed. The bulk of the course examines 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, with the focus on the hermeneutic, public choice, and constitutional assumptions that inform the modern debate. The seminar undertakes 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. Topics 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. It 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)
Employment and Labor Law: A Global Perspective
This research seminar explores a variety of topics at the intersection of employment and labor law with international law and business. Examined are a diverse range of materials on such issues as 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.
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 draft pleadings, conduct discovery activities, and make a number of motions. The emphasis is on the creation of clear and effective pleadings, and powerful briefs. Readings include leading cases on the procedural doctrines (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.
LAW7 811 - (3)
Colloquium in Business Law
This colloquium explores scholarly analysis and critiques of U.S. law as it affects the organization and management of business organizations. The emphasis is 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. Sessions alternate between presentations by distinguished scholars or practitioners of U.S. corporate and securities laws and preparatory sessions in which background materials are 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 course.
This colloquium is intended for students interested in the cutting-edge of intellectual property law and theory. Class time focuses 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 is 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 involves 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 opinions.
LAW7 814 - (2)
Advanced Contract Theory Research
This seminar provides the opportunity to write a closely supervised research paper focused on a particular contract doctrine (or set of doctrines). 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 are encouraged to formulate their own critical analysis of the doctrine and scholarship, but primary emphasis is 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 beneficiary law.
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 seeks 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 explores 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. 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 situates 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. In the first semester, the seminar consists of reading and analysis of a variety of law review articles relating to international law, about which students prepare and defend brief "thought papers" and begin researching and drafting an article of publishable quality. These draft articles are 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.
This year-long clinic trains students to provide legal services to older persons. Under the supervision of an attorney, students 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 develop the practical skills needed to become effective elder advocates, participating in client interviewing, counseling, negotiation, and trial advocacy. Additionally, students 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 also participate in interdisciplinary projects in the field of elder law.
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 covers 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 covers Wall Street's "behind the scene" role in deregulation.
LAW7 820 - (3)
This seminar examines the creation and operation of nonprofit institutions, both in the domestic and international arenas. Among the issues discussed are 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.
LAW7 821 - (3)
Readings in Criminal Justice
The principal objectives of this seminar are to sharpen skills of close reading and critical analysis as well as to deepen understanding of the criminal justice system. Several weeks are devoted to acquiring an overview of some of the most important issues in criminal law and criminal procedure, followed by a close critique of one law review article on each topic.
LAW7 822 - (3)
African-American Lawyers from the Civil War to the Present
This seminar explores the history of the African-American lawyer from the nineteenth century to the present. Special attention is given to the place of the black lawyer in the African-American community, the relationship of black lawyers to the larger predominantly white legal community, and the role of black lawyers in the Civil Rights Movement.
LAW7 824 - (3)
This seminar examines the legal regimes that regulate interests in cultural property. Among the topics discussed are the repatriation of antiquities, the rights of artists to control or profit from their works, and the enforcement of limitations on access to documents of significant public interest.
LAW7 826 - (3)
Urban Law and Policy
This course examines the legal, economic, and political forces that have shaped American metropolitan areas, with particular attention to the policies that have shaped American cities and suburbs. Issues such as sprawl, racial segregation, housing, education, land use, concentrated poverty, and community economic development are considered. In addition to legal literature, participants will read widely in the urban planning and policy literature.
LAW7 827 - (3)
China, Koreas, and the United States
This seminar examines international law and U.S. foreign policy relevant to China and Korea. Topics include the status of Taiwan, the Korean War, the accession of the People's Republic of China (PRC) to the World Trade Organization, North Korea's obligations under the Nuclear Non-Proliferation Treaty, human rights in the PRC, the Law of the Sea regarding various territorial claims in the South China Sea, and U.S. counter-proliferation policy towards North Korea. The overall aim is to explore whether the future course of events in northeast Asia is more likely to lead to peaceful re-unifications of long-divided nations or to armed conflicts that involve not only those nations but also the U.S.
LAW7 828 - (3)
Education Law & Policy
This seminar considers law and policy pertaining to public education, mainly state and federal constitutional and statutory law concerning elementary and secondary education. The goal is to examine how educational systems function as tools of socialization and social ordering, and how individuals and communities interact (and sometimes collide) with these systems. Moreover, the seminar addresses tensions between the values and goals of lawyers, judges, legislators and educational theorists, with a particular emphasis on questions of pedagogy, student achievement, and equality. Topics include school segregation, school finance, school choice, same-sex schooling, standardized testing, ability grouping, special education, and affirmative action in higher education.
LAW7 830 - (3)
Interdisciplinary Perspectives on the Question of Discrimination
This course focuses on perspectives from economics and critical theory on the question of discrimination. Specifically, it looks at how theoretical ideas from these fields help us better understand the operation of discrimination in employment settings. Although they are not covered in as much detail, perspectives from other fields such as sociology, finance, anthropology, and philosophy, are also addressed. The underlying theme is the issue of how these different perspectives can and should influence how courts tackle employment discrimination cases.
LAW7 831 - (3)
Congress: Its Operation and Relationship to the Executive Branch
This course examines the processes of the Congress of the U.S., its role under the Constitution, and its relationship with the Executive Branch. Special emphasis is placed upon the nature and pace of procedural change in the modern Congress as matters of institutional significance mandated by both constitutional and precedential requirements and by political realities.
LAW7 833 - (3)
Trials of the Century: Literary and Legal Representations of Great Criminal Truth
This seminar examines a number of famous, even sensational, criminal trials, and explores what commonalities, if any, are shared by those trials that capture our cultural imagination. What role do sensational criminal trials have in our popular conception of law and justice, and how, if at all, does this cultural significance matter for how we understand "ordinary" criminal trials? Do sensational trials ever prompt significant reforms in substantive crime definitions, criminal procedure rules, or rules of evidence? The focus is on rhetorical and narrative strategies for representing the facts, as well as the legal rules, adversarial norms, and ideological stakes, in such trials. Texts include trial transcripts, cases, briefs, works of non-fiction, works of literature, and films.
LAW7 834 - (3)
International Dispute Resolution
This course, focusing on the development of and advocacy before international dispute settlement bodies, is a companion to existing advocacy offerings. It stresses the difference in context and method between advocacy settings and expectations in domestic tribunals in the U.S. and those settings and expectations in international tribunals. Discussion includes the importance of the international context for all aspects of dispute resolution-including negotiation, litigation, and formation of dispute settlement systems. The necessity for sensitivity to cultural differences and expectations in international lawyering is also discussed. As a tool to explore advocacy in international settings, the course focuses on international trade disputes, including, in particular, the World Trade Organization and the North American Free Trade Agreement.
LAW7 835 - (3)
Business Transactions and the Scholarly Process
This year-long seminar is designed for students who are interested in going into law school teaching and also wish to produce significant scholarship in business transactions, including a wide range of financial and commercial contracts. The first semester entails reading and analysis of successful law review articles in various private law subject areas. Class discussion relies heavily on informed student participation, which is a factor in the evaluation of student performance in the course. Also in the first semester, students begin researching and drafting an article of publishable quality, which are presented to the class during the second semester for discussion and critique. Final drafts are due at the end of the second semester.
LAW7 836 - (3)
Public Health Law and Chronic Disease
Chronic diseases, such as cardiovascular disease (heart disease and stroke), cancer, and diabetes, are among the most prevalent, costly, and preventable of all health problems and account for seven out of ten deaths in the U.S. This course explores how law can be used as a method to prevent and control chronic disease. It examines the legal frameworks that have developed to work with public health systems and consider structural changes that could be made to those frameworks to deal better with chronic disease. Specific issues such as prevention of heart disease, stroke, diabetes, asthma, obesity, cancer, or complications of diabetes; and health promotion, such as reducing tobacco use, increasing physical activity, and improving nutrition, are examined.
LAW7 837 - (3)
Advanced Topics in Criminal Law and Procedure
This seminar covers major topics in criminal law and criminal procedure. After a systemic look at the criminal process from the vantage points of some leading academics in the field, the seminar concentrates on a number of topics, including sexually violent predator laws, federal drug kingpin statutes, conspiracy, and federal constitutional limits on sentencing. As important as legal doctrine is, it is vital to understand how prosecutors and defense attorneys present (or should present) these kinds of technical but immensely important issues to the courts, as well as the considerations, both of law and policy, that motivate the courts in their approach to such issues.
LAW7 838 - (3)
This course examines current topics in policy research and practice concerning executive compensation. Students learn about how compensation is set, the main components of compensation, how executive compensation differs from compensation of other highly-skilled workers, how responsive executive compensation is to firm performance, and the nature of executive compensation in the non-profit sector. The class is a mix of lectures, talks by outside academic researchers, and discussions with practicing lawyers, compensation consultants, board members, and executives themselves.