LAW 530: ADMINISTRATIVE LAW (3 CREDITS) This course studies the law governing administrative agencies, including executive departments, in the task of carrying out governmental programs. Topics include interrelations of legislative, executive and judicial agencies in development of public policy; decision-making processes and internal procedures of administrative agencies and legislative, executive and judicial controls on them.
LAW 784: ADVANCED CRIMINAL PROCEDURE (3 CREDITS) This course surveys the criminal justice process from arrest through appeal. Constitutional provisions, statutes, rules of criminal procedure, and practice strategies concerning prosecutorial discretion, initial appearance, pre-trial release or detention, preliminary hearing, grand jury procedure, plea bargaining and selected trial and appellate issues are considered.
Pre-requisites: Criminal Law and Criminal Procedure.
LAW 775: ADVANCED LEGAL RESEARCH (2 CREDITS) This course will build upon basic legal research skills. The tools of legal research, including technology based sources, will be investigated in detail. Legislative History, research in specialized areas of law, and non-legal research will be covered. Emphasis will be placed on research techniques and sources that students will need to rely upon their practice of law.
LAW 768: ADVANCED TORTS (3 CREDITS) This course focuses on those aspects of tort liability that receive short shrift during the first year Torts I and II courses. In a broad sense, the subjects covered could be described as affecting economic interests – either directly, as with the business torts, or by sullying plaintiff’s reputation, as is so with defamation. Yet the plaintiff’s interest in emotional well being also commands our attention. Thus, we also consider that aspect of defamation law, as well as invasion of privacy, and wrongful birth/wrongful life.
Pre-requisite: Torts.
LAW 778: ADVANCED TRIAL METHODS (2 CREDITS) This course is designed to provide students interested in trial practice with an opportunity to study and participate in the various aspects of a trial. Students will develop a thorough understanding of each aspect of a trial, including jury selection, opening and closing statements, introduction of evidence and examination of witnesses. Students will complete a number of written assignments and will submit a comprehensive trial notebook at the end of the course. Case theory, courtroom ethics and professionalism will be discussed. Course is graded P/NP.
Pre-requisite: Trial Methods or ITAP.
LAW 879: ALTERNATIVE DISPUTE RESOLUTION (2 CREDITS) This course considers all the alternatives to traditional adversarial state and federal court adjudication, such as arbitration, mediation, negotiation, dispute prevention, conciliation, neutral facilitators, and private judging. It also examines court-annexed dispute resolution, such as mediated court settlement, summary jury trials, mini-trials and the use of referees and masters. Having identified and examined the emerging alternative techniques, the various methods are examined for effectiveness in light of the growing acceptance of ADR by the courts in all areas, including public policy questions. The course consists of a combination of lectures and class discussions, videos, and guest speakers. All students will participate in simulations or "mock" interviewing and counseling, negotiation, and mediation sessions.
LAW 684X: ANIMAL LAW (2 CREDITS) In this course we will address various topics in the rapidly developing field of animal law. The course will focus on the history of animal cruelty laws; Pennsylvania’s anti-cruelty statute; dog bite liability; search warrants; government regulation of animals; animal fighting; and legal analysis of recent cases.
LAW 677: ANTITRUST LAW (3 CREDITS) A survey of federal antitrust law. The course covers horizontal restraints among competitors (price fixing, market divisions, customer allocation, concerted refusal to deal, group boycott), vertical restraints (intrabrand distributional restraints, exclusive dealing, tying arrangements), monopolization (monopoly power, relevant market, monopolistic conduct), attempted monopolization, predatory pricing, mergers and acquisitions, price discrimination, and special issues (direct purchaser, standing antitrust injury, petitions to the government, and state action.)
LAW 923: APPELLATE ADVOCACY (2 CREDITS) The goal of this course is to sharpen the student’s skills as an appellate advocate. The course focuses on effective strategies and techniques of persuasion in the appellate forum. Students will practice drafting each critical part of an appellate brief and presenting a complementary oral argument. The course culminates in the submission of a final brief and the presentation of oral argument before a panel of outside judges.
LAW 738: BANKRUPTCY (3 CREDITS) This course will address state law creditor collection remedies such as garnishment and execution, and state law priorities among competing creditors. After examining state law remedies and priorities, we will focus on the federal Bankruptcy Code. We will discuss elements common to all (business and consumer) bankruptcies, and the principal focus of the course will be Chapter 7 liquidations in the consumer context and Chapter 13 wage-earner payout plans. At the end of the course, we will discuss some issues particular to Chapter 11 business bankruptcies.
LAW 631: BUSINESS ORGANIZATIONS (3 CREDITS) A.J.D./L.L.M survey course that analyzes the conduct of business in each of the principle forms of business organization, and the relative rights and liabilities of the members of such organizations and third persons. The course reviews the uniform partnership statues, the Model Business Corporation Act, and the Delaware General Corporation Law, and considers the legal principles governing agency and partnership relationships as well as corporations. The course introduces the federal securities laws and the state statues governing limited liability companies, limited partnerships and limited liability partnerships.
733: BUSINESS PLANNING (2 CREDITS) Selected practical problems involving the planning of business transactions, with emphasis upon the small business enterprise, are examined. Topics include: organization of close corporations, partnerships and LLCs; employee compensation; sexual harassment and discrimination issues; executive hiring negotiations; and raising capital. This course is strongly suggested for anyone who plans on representing businesses.
Pre-requisites: Federal Income Tax Corequisite: Business Organizations LAW 503: CIVIL PROCEDURE I (3 CREDITS) This course studies civil litigation procedure, with emphasis on modern federal practice. Topics include pleadings, motion practice, discovery, joinder, summary judgment, and related topics.
LAW 504: CIVIL PROCEDURE II (3 CREDITS) A continuation of Civil Procedure I, this course studies civil litigation procedure, with emphasis on modern federal practice. Topics include subject matter jurisdiction, personal jurisdiction, venue, joinder, the Erie doctrine, and related concepts.
LAW 803: CLINICAL EXTERNSHIPS (3 CREDITS) This course provides an extern clinical assignment in the practice of law with cooperating agencies such as a district attorney, public defender; legal aid society, etc. A weekly classroom component is also part of the externship program.
Pre-requisites: Professional Responsibility and Evidence.
LAW 728: COLLECTIVE BARGAINING & ARBITRATION (2 CREDITS) This course is designed for those students with a serious interest in collective bargaining and labor relations. Students selecting this course should have a basic knowledge of federal labor law. The course will review federal labor law in the context of collective bargaining and arbitration and assess the impact of the law on strategic decisions in these areas. Students will be challenged to view themselves as practicing attorneys dealing with client issues and concerns. The course work will include drafting arbitration exercises and simulation (which will require the submission of short written materials) and a closed book final. Class participation is important and will be considered in grading.
Pre-requisite: Law 758: Labor Law or practical life experience in the labor-management field. Please check with professor.
LAW 867: COMMUNICATIONS LAW (3 CREDITS) This course studies the theory of the First Amendment speech and press clauses, including prior restraint and subsequent punishment; regulation of media businesses, including antitrust, labor relations and taxation; obscenity and indecency; advertising and commercial speech; defamation (libel and slander); invasion of privacy; economic and physical harm to the audience; copyright; confidentiality of sources; newsgathering; free press v. fair trial; and broadcasting, cable-casting and other electronic media.
LAW 700: CONFLICT OF LAWS (3 CREDITS) This course examines important issues peculiar to civil actions with multi-state elements, in both the state and federal courts. The principal topics include choice-of-law (determining which state’s law applies), the Erie doctrine (determining whether state or federal law applies in federal diversity cases), personal jurisdiction, and recognition of sister-state judgments.
LAW 602: CONSTITUTIONAL LAW (4 CREDITS) This course introduces the United States Constitution as a source of law, largely through decisions of the United States Supreme Court. It examines foundational theories of government and individual rights from historical as well as contemporary perspectives. Topics may include judicial review, federalism, congressional power, executive power, due process, equal protection, and freedom of expression.
LAW 848: CONSUMER LAW (2 CREDITS) Students will study various types of fraud, deception and other unfair trade practices in transactions in which one party is a consumer. The course will explore substantive areas such as Truth in Lending, credit reporting and identity theft, debt collection harassment and related practices, fraud connected with motor vehicle sales and financing and the Lemon Law. Included are consideration of applicable litigation techniques, as well as disclosure, cooling-off periods, rescission rights, contract restrictions and other available consumer protections.
LAW 507: CONTRACTS I (3 CREDITS) This course studies the law governing contracts and contractual relationships. The course introduces the student to contract formation, performance, and non-performance, and explores the role of contract law in a market society.
LAW 508: CONTRACTS II (2 CREDITS) A continuation of Contracts I, this course studies the law governing contracts and contractual relationships. The course introduces the student to contract formation, performance, and non-performance, and explores the role of contract law in a market society.
LAW 734: COPYRIGHT LAW (3 credits) This course surveys the law of copyright. Topics to be discussed include the subject matter of copyright; ownership and transfer of copyrights; the rights afforded to copyright owners; duration of copyright rights; infringement; and remedies. Related areas of law, such as author’s moral rights, unfair competition, and contractual protection of ideas, are also addressed.
LAW 844: CORPORATE FINANCE (2 CREDITS) This course is an examination of the legal materials in the areas of enterprise valuation, capitalization, and reorganization, including corporate debt and dividend policy, mergers and acquisitions. Relative rights of bondholders, preferred and common stockholders under contract and common law principles are reviewed.
Pre-requisite: Business Organizations.
LAW 955: CORPORATE TAXATION (3 CREDITS)
This course examines the federal income tax consequences of certain basic
transactions involving corporations and their shareholders, including:
corporate formation; capital structure; distributions; redemptions; and
liquidations.
Pre-requisite: Federal Income Tax
LAW 505: CRIMINAL LAW (3 CREDITS)
This course studies the general principles that underlie statutory criminal liability, including a consideration of their judicial application in the context of selected offenses and defenses.
LAW 506: CRIMINAL PROCEDURE (3 CREDITS)
This course provides In-depth consideration of the Fourth Amendment's protection against unreasonable search and seizure, the Fifth Amendment's right against compulsory self-Incrimination, and the Sixth Amendment's right to counsel, all with particular emphasis on the judicial Interpretation of the application of these constitutional provision's within the context of police Investigation of crime. Pre-requisites: Criminal Law
LAW 798/799: DIRECTED RESEARCH (1 /2 credits)
Students may write research papers for credit under the supervision of a full-time member of the faculty. The faculty member must approve the subject. Pre-requisite: Successful completion of one Seminar
LAW 765: DISABILITY LAW (2 or 3 CREDITS)
The course includes an overview of the major federal statutes governing the field, such as the Americans with Disabilities Act, the Rehabilitation Act, the Individuals with Disabilities Education Act, the Fair Housing Act Amendments, the Air Carrier Access Act, and the Architectural Barriers Act. The course will also focus on the application of these acts to such areas of life as employment, education, public accommodations, public services and programs, and housing.
LAW 657: EDUCATION LAW (2 or 3 CREDITS)
This course examines issues affecting public schools, including federal involvement; governance; religion; attendance; the instructional program; student rights (First Amendment, due process and privacy); students with disabilities; student records, defamation and other tort liability; teacher certification, contracts and tenure; due process and other rights of teachers; employment discrimination; collective bargaining; desegregation; and school finance and property.
LAW 858: ELDER LAW (2 CREDITS)
This course focuses on needs of the well elderly living in the community, the services available to them, and public policy problems such as intergenerational equity. It includes Social Security and the Older Americans Act services.
LAW 909: ELECTION LAW (2 CREDITS)
Though we often think of the electoral process as central to the shaping of law, the political process itself is governed by laws that affect the outcome of elections and, by extension, public policy. This course examines those foundational laws, whether they be constitutional or statutory. Topics include the right to vote; First Amendment rights of candidates, voters, political speakers, and parties; the Voting Rights Act's and the Constitution's constraints on the drawing of district lines; and the place of money in the electoral process. Pre-requisite: Constitutional Law.
LAW 661: ELECTRONIC DISCOVERY (2 CREDITS)
This course will investigate one of the most rapidly evolving procedural areas of litigation in modern history. Electronic Discovery touches practically all areas of litigation. The trial lawyer and corporate counsel must understand the strategies and tactics involved in this very new, fruitful, sometimes invasive, potentially disruptive and often expensive form of discovery. The course is designed to take the student through an introduction of the subject matter and into the technology itself. Practical issues will be studied relating to corporate planning, costs, and document retention. Students will be teamed together to engage in electronic discovery from the beginning to the end of the process. A special electronic discovery master will resolve disputes and issue sanctions where appropriate.
LAW 832: EMPLOYMENT DISCRIMINATION LAW (3 CREDITS)
This course studies federal law governing discrimination in employment on the basis of race, color, sex, religion, national origin, age, and disability. The course explores theories of discrimination and covers litigation under Title VII of the Civil Rights Act of 1964, as amended, as well as selected topics under other employment discrimination and civil rights statutes.
LAW 833: EMPLOYMENT LAW (2 CREDITS)
This survey course examines the state and federal law governing non-union employment relationships. Among the topics covered are: employees versus independent contractors, the arbitration of employment disputes, the rise and fall of employment at will, wrongful discharge, employee privacy rights, defamation, non-competition agreements, protection of trade secrets, Title VII, ADA and ADEA employment discrimination, the Family and Medical Leave Act, wage and hour legislation including the Fair Labor Standards Act, unemployment compensation, and liability for workplace injuries.
LAW 883: ENTERTAINMENT LAW (2 credits)
The course will provide a practical and comprehensive overview of the business and legal issues arising in the entertainment industry, including motion pictures, television, music, book publishing and ethics. The topics will include acquisition of rights, talent agreements, project financing and structures, distributor and licensing agreements. The course will survey the various areas of the law that impact the entertainment industry, such as contract, business organizations, securities, labor, copyright, trademark and right of privacy/publicity law. A textbook will be used for the course along with articles and materials supplied by the course instructor.
LAW 831: ENVIRONMENTAL LAW (3 CREDITS)
This course surveys the federal and state statutes and regulatory programs which attempt to limit water pollution, air pollution, environmental degradation, species extinction, hazardous waste, and chemical regulation problems. The course will examine how and why these statutes and programs are structured the way that they are, how the laws work, and the extent to which our environmental laws achieve their goals.
LAW 744: ESTATE PLANNING (3 CREDITS) (also taught as a seminar)
This course will survey the federal estate, gift, and generation-skipping transfer taxes to provide a foundation for the problem-oriented study of inter vivos and testamentary dispositions of property. This course will examine the use of revocable trusts, irrevocable trusts, life insurance, limited partnerships, and other estate and business planning concepts to accomplish a client’s goals. This course will not cover fiduciary income taxation of trusts and estates. Pre-requisite: Federal Income Taxation (Law 610). Co-requisite: Wills and Trusts (Law 834).
LAW 836: EVIDENCE (3 CREDITS)
This course studies the law governing proof of disputed factual matters in criminal and civil trials, including, but not limited to, issues of relevancy, competency, hearsay and other exclusionary rules, and the privileges of witnesses.
LAW 636: FAMILY LAW (3 credits)
This course considers state and constitutional issues relating to the regulation of sexual and family relationships. Among the areas that may be covered are defining what constitutes a family, entry into marriage, divorce, and its economic consequences (alimony, property distribution and child support) and child custody. The course draws on constitutional principles, statutes, and the common law to study the family in the legal system.
LAW 649: FAMILY PRACTICE (2 CREDITS)
This course will give the students the experience of representing a domestic relations client through custody, support and divorce practice in Pennsylvania. Students will develop an understanding of the strategies of domestic practice and will draft frequently used documents pursuant to the Pennsylvania Rules of Civil Procedure. Students will be evaluated on document preparation, class presentation and through a final evaluation. Pre-requisite: Family Law.
LAW 747: FEDERAL COURTS (3 CREDITS)
This course explores the role of the federal judiciary in our system of government. First, it examines the tensions inherent in the separation of powers between the political branches of the federal government and the judiciary. Second, the course explores the complicated issues of federalism presented by the existence of two sets of courts – state and federal. This course combines the study of constitutional theory with the reality of politics and jurisdictional practice in the federal courts. Topics that may be covered include standing, mootness, ripeness, the political question doctrine, Congressional power to limit federal court jurisdiction, the Eleventh Amendment, abstention, habeas corpus, 1983 civil rights actions, and other important jurisdictional doctrines not covered in the basic Civil Procedure courses.
LAW 610: FEDERAL INCOME TAX (3 CREDITS)
This course surveys and analyzes the federal system of income taxation. Topics include gross receipts, gross income, exclusions, gain-seeking and personal deductions, CREDITS, rates and tax accounting.
LAW 810: FIRST AMENDMENT (2 or 3 CREDITS)
This course focuses on constitutional rights involving speech, press, and religion. Rights of political participation, wartime limits on civil liberties, state action, associational freedoms, and constitutional and prudential limits on judicial powers are also potential topics. Pre-requisite: Constitutional Law.
LAW 690X: FUNDAMENTALS OF LAW (2 CREDITS)
Fundamentals of Law is a pre-bar review skills-development course that provides graduating students with an intensive substantive review of selected legal material routinely tested on the bar exam, and uses problems and exercises in a bar exam format to familiarize students with techniques for answering multiple choice (MBE) questions and analyzing, organizing and writing essay and multi-state performance (MPT) questions. The course is designed as an introduction to bar preparation and is not a substitute for commercial bar preparation courses.LAW 851: GAMING LAW (2 CREDITS)
This course will present an introduction to and overview of the current issues in gaming law. Topics covered will include the state’s regulation of permitted gaming activities and venues.
LAW 6011X: GLOBAL HEALTH LAW, POLICY, AND PRACTICE: HOT TOPICS (1 CREDIT)Global public health practice involves traditional subject areas- maternal and child health, nutrition, humanitarian relief, reproductive health and more. Today the scope of practice has expanded beyond traditional subjects to include new ones, many of which are influenced by the law, of which a well known is tobacco control. International trade and others too can be counted and are included in this course. What's more, every public health practice area is affected by globalization and the emerging trend towards global public health governance. This course on Hot Topics looks at global public health practice areas from the perspective of the law. How does the law support or impede the achievement of health objectives? Topics include the role of the law in global public health practice areas of infectiousdiseases such as HIV and SARS; of international trade and drug access; of humanitarian relief and disaster management; national health sector reform; new forms of international organizations such as the Global Fund for AIDS, Malaria and TB; international clinical research and ethics; medical tourism; disability; and more.
LAW 709: HEALTH LAW (2 CREDITS) This course is intended as an introduction and overview of the emerging specialty of health law, looking at cost controls and promotion of access to health care through private and public law. It provides a look at the history of American health care. The course looks at ways of measuring quality; and the role of physician licensing malpractice litigation, and health care. The course will explore the concept of ‘informed consent,’ reproductive rights and issues of death and dying. Finally, the course considers the traditional role of public health bodies.
LAW 703: IMMIGRATION AND NATURALIZATION LAW (3 CREDITS) This three-credit course is a survey of the Immigration and Nationality Act, Title 8 of the U.S. Code, and related case law and regulations. The course includes an introduction to the historical and statutory evolution of current immigration law as well as a review of the major subtopics within the law, such as legal immigration, immigration and employment, non-immigrant classifications, inadmissibility and deportability, constitutional issues and limitations, refugee and asylum matters, citizenship, illegal immigration and employer sanctions. The course addresses current issues and controversies as well as the political and public policy factors reflected by U.S. immigration law.
LAW 648: INTELLECTUAL PROPERTY (3 CREDITS) This course provides a basic survey of the modes of protecting intellectual property. While the course place greatest emphasis upon the federal law of patents, copyrights, and trademarks, the course also addresses state law analogues such as trade secret, unfair competition, and rights of publicity. The course also integrates and supplements these areas of law and policy with their technological background, philosophical underpinnings, and some of the analytical insights of economic analysis.
LAW 511: INTENSIVE LEGAL ANALYSIS (I.L.A.) (2 CREDITS) This course provides students with the opportunity to develop and refine their legal reasoning and analysis skills. Topics include: identifying an individual's learning style and problem-solving skills, critical reading of legal authorities, simple and complex rule -based reasoning, and methods of deconstructing legal rules and organizing the analysis of new legal questions. Exam-style essays and “in-basket” projects are used to practice and reinforce analytical skills.
LAW 779: INTENSIVE TRIAL ADVOCACY PROGRAM (I.T.A.P.) (3 CREDITS) Intensive Trial Advocacy is a three-credit, seven-day NITA-style trial advocacy training program, adapted from the NITA Regional Trial Advocacy course designed for young practitioners. Students develop trial advocacy skills by seeing live and videotape demonstrations of proper trial advocacy techniques, which are followed by small group simulations taught by experienced trial practitioners and trial advocacy teachers. THIS IS THE EQUIVALENT TO TRIAL METHODS. A STUDENT MAY NOT TAKE BOTH.
Pre-requisite: Evidence.
LAW 752: INTERNATIONAL ENVIRONMENTAL LAW (2 CREDITS) This course will provide an overview of the basic rules of international law. It will focus on selected international environmental treaties, including the Climate Change Convention and the Kyoto Protocol, and will explore the U.S. domestic consequences of international agreements, particularly the need for energy efficiency. For students who elect to do so, the class may be used to satisfy the writing requirement. No pre-requisites.
LAW 754: INTERNATIONAL LAW (3 CREDITS) This course serves as a comprehensive introduction to the doctrine and processes of this dynamic area of the law. Principal topics include the nature and sources of international law; international organizations, including the United Nations and the International Court of Justice; and the developing law of human rights. Other possible topics include the role of international law in United States courts; the nature of statehood; the law relating to the use of military force; state responsibility for injury to aliens including expropriation; international trade law; and the emerging area of international environmental law.
LAW 777: INTERSCHOLASTIC COMPETITION (1 credit) Students may earn one or two credits for participation in interscholastic moot court, trial advocacy and other competitions sanctioned by the law school as appropriate interscholastic competitions. The list of approved interscholastic competitions includes but is not limited to National Moot Court, Jessup International Moot Court, Douglas Moot Court, Patent Moot Court, Polsky Moot Court, American Trial Lawyers Association Competition, Texas Trial Lawyers Competition, American Bar Association Client Counseling Competition and like events.
LAW 993: INTRODUCTION TO LEGAL TECHNOLOGY (1 CREDIT) The focus of the course is on the efficiencies of using workflows and technology as “Best Practices” for Law Office Management. Emphasis is placed on document management, paperless practices and courtroom graphics. See
http://www.theproductivelawyer.com for a more detailed description of the course and materials.
LAW 809: JUDICIAL EXTERNSHIP (3 CREDITS) Students enrolled in the Judicial Externship Program are assigned to selected state and federal trial and appellate judges for a maximum of two semesters. Externs prepare legal memoranda, conduct legal research and perform duties normally assigned to a law clerk under the supervision of the assigned judge and the judge’s graduate law clerk. The program is designed to enhance the student’s writing and research skills, familiarize the student with court procedures, permit observation of court proceedings and enable the student to learn the operation of judicial chambers. Students will meet with the faculty supervisor for mid-semester and end-of-semester reviews. Students are required to keep a daily log and retain a copy of all written work produced for the court. Graded Pass/No Pass.
Pre-requisites: Professional Responsibility, Evidence.
LAW 856: JUVENILE LAW (2 CREDITS) This course provides a survey of substantive juvenile law, practice and procedure. Utilizing specific examples of various juvenile statutes throughout the nation, and utilizing the Pennsylvania Juvenile Act as a working example, the course will review the substantive and due process rights of juvenile cases from initial filing of charges to ultimate disposition in the juvenile courts. The survey will also include discussion on trial procedure, dispositions afforded to juveniles, the role of probation officers and Juvenile Court Judges.
LAW 758: LABOR LAW (2 or 3 CREDITS) This course examines the legal framework for collective bargaining, including establishment of the collective bargaining relationship, negotiation and enforcement of the collective bargaining agreement, and union and employer self-help (strikes, boycotts, lockouts, and picketing). Additional topics to be considered include labor and the anti-trust laws, Federalism and labor Relations, and the Individual and the Union.
LAW 761: LAND USE PLANNING (2 CREDITS) This course examines legal and administrative aspects of land use and development, including zoning law and the constitutional “takings” issue. Other possible topics include nuisance law, building codes, urban redevelopment, growth controls, cluster development and open space preservation, aesthetics, environmental issues, and flood plain zoning.
LAW 60149X: LAW AND GOVERNMENT COLLOQUIUM: SELECTED TOPICS IN
CONSTITUTIONAL AND ADMINISTRATIVE LAW (1 CREDIT)
In this seminar, we will examine several of the structural elements and protections of the federal constitution, similar structures in state
constitutions, state constitutional interpretation, and constitutional considerations in administrative law. All students will prepare a paper for
their grade that may also satisfy the L&G and the upper class writing requirement, if desired.
LAW 6015X: LAW & POLICY OF SENTENCING AND CORRECTIONS (2 CREDITS)
A course that will prepare students to represent a client in a sentencing procedure and to negotiate plea agreements. The course will focus on teaching the lawyerly skills necessary to work with sentencing guidelines, state mandated minimum sentences and alternatives to sentencing, and developing sentencing strategies for clients as prosecutor or defense counsel.
LAW 850: LAW PRACTICE MANAGEMENT (2 CREDITS)
Practicing law is a profession with a central purpose of serving clients. An inescapable fact of a lawyer’s life, however, is that we must also make a living through engaging in our profession. That involves the business side of practice. Efficient and cost effective operation of our practices is vital to delivering affordable services to our clients as well as earning proper remuneration. In Law Practice Management, we will cover such things as good management concepts, law firm organization, fees and billings, compensation and profit sharing, and attracting and maintaining clients. The theme of the course will be how to run a law firm with good business practices and still maintain our ethical, professional and personal integrity.
LAW 686: LAW OF WAR (2 CREDITS)
The role of the Law of War in international politics is a topic of interest, dispute, and concern at the highest levels of statecraft. The Law of War consists of two distinct but closely related parts. The law governing resort to war (Jus ad bellum), and the law governing the conduct of war (Jus in bello). Historically, the Law of War has been influenced by the just war tradition, a relationship that has not always been fully acknowledged in international law scholarship, although the link is now generally acknowledged.
LAW 509: LEGAL METHODS I (3 CREDITS)
This course introduces basic techniques of legal analysis, writing and research. Students will learn how to read legal authorities, conduct legal research, analyze legal problems, and draft predictive legal memoranda. Course requirements include substantial writing assignments.
LAW 510: LEGAL METHODS II (2 CREDITS)
This course expands on the analysis, writing and research skills introduced in Legal Methods I, and introduces new skills. Students will learn basic techniques of persuasive legal arguments, and will draft persuasive documents such as a trial memorandum and an appellate brief. Students will also learn how to research court rules, and will prepare and deliver an appellate oral argument.
LAW 512: LEGAL METHODS III - ADVANCED LEGAL RESEARCH (2 CREDITS)
This course will build upon basic legal research skills. The tools of legal research, including technology based sources, will be investigated in
detail. Legislative History, research in specialized areas of law, and non-legal research will be covered. Emphasis
will be placed on research techniques and sources that students will need to rely upon their practice of law.
Pre-requisites: Legal Methods I & II.
Enrollment: Limited to 20 students LAW 512: LEGAL METHODS III – ADVANCED LEGAL SKILLS (2 CREDITS)
This course focuses on developing skills in legal analysis, reasoning, and writing. It provides students with the opportunity to work on critical reading, synthesis, study skills, and exam taking. Students develop and refine analytical and writing skills that are necessary for problem solving not only across the curriculum, but also in the profession. Exam-style essays and writing projects are used to practice and reinforce analytical skills. Pre-requisites: Legal Methods I & II.
Enrollment: Limited to 20 students.
LAW 512: LEGAL METHODS III – APPELLATE ADVOCACY (2 CREDITS)
This course will provide students with the opportunity to develop and refine their legal research, analysis and writing skills while drafting an appellate brief and presenting a formal oral argument before a panel of judges. Students will be introduced to the appellate litigation process and standards of appellate review, and will learn more sophisticated forms of argument and persuasion. By writing multiple drafts, students will learn how to evaluate, review and edit their own work. Pre-requisites: Legal Methods I & II.
Enrollment: Limited to 20 students.
LAW 512: LEGAL METHODS III – DRAFTING CONTRACTS (2 CREDITS)
This course provides students with the opportunity to learn the basic principles of contract drafting, interpretation, and negotiation. Emphasis will be placed on drafting contractual agreements that effectuate clients’ need and anticipate potential legal problems. Students will be required to work independently and collaboratively to negotiate and draft a series of written contracts.
Pre-requisites: Legal Methods I & II.
Enrollment: Limited to 20 students.
LAW 512: LEGAL METHODS III – JUDICIAL OPINION WRITING (2 CREDITS)
This course provides students with the opportunity to develop the skills necessary to draft effective judicial opinions. The course will focus on writing judicial opinions through a process that involves sound legal research, logical reasoning and organization, and self-revision. Students will also diagnose their individual weaknesses as writers and will work to correct these problems. Professionalism will be emphasized and ethical considerations unique to the judiciary will be introduced. Students will be evaluated on a series of written assignments, including at least one appellate opinion. This course may be of particular interest to students who will be judicial law clerks or will be engaged in appellate practice.
Pre-requisites: Legal Methods I & II.
Enrollment: Limited to 20 students.
LAW 512: LEGAL METHODS III – LEGISLATIVE DRAFTING (2 CREDITS)
This course examines the attributes of clear and effective legislation, and the skills needed to draft effective statutes. Students will have substantial opportunity to practice drafting moot statutes. Pre-requisites: Legal Methods I & II.
Enrollment: Limited to 20 students.
LAW 512: LEGAL METHODS III – WRITING SKILLS FOR THE GENERAL LAW PRACTICE (2 CREDITS)
This course will concentrate on enhancing students’ writing, reasoning and research skills through drafting documents essential to the practice of law in a small or medium-sized law firm. The course will focus on creating professional documents through recognition of purpose and audience, effective organization, sound legal reasoning, clarity of writing and effective revision. Students will have the opportunity to refine the research, analytical, and writing skills that they acquired in the first year and to expand their legal communication skills through drafting documents for clients, courts and other counsel. Students will be evaluated on a series of written exercises and at least one major writing assignment. Pre-requisites: Legal Methods I & II.
Enrollment: Limited to 20 students.
LAW 512: LEGAL METHODS III – SPECIALIZATION (2 CREDITS)
The goal of this course is to enhance students’ written and oral skills in the context of a specific practice area. These practice areas may include Administrative Law, Business Organizations Law, Criminal Law, Employment Law, Family Law, and Tax Law. Employing more sophisticated forms of analysis, presentation, and persuasion than are taught in Legal Methods I and II, students will research, draft, and edit written documents commonly used in a specific practice area. These documents may include business plans, client letters, office memoranda, trial-related pleadings or memoranda, or appellate briefs. Students will also give an oral presentation related to their written work product. This oral presentation may be a presentation to a client or in-house counsel, a mediation, or an argument before a trial or appellate court. Pre-requisites: Legal Methods I & II; concurrent registration with appropriate subject matter course might be helpful, but is not required.
Enrollment: Limited to 20 students.
LAW 512: LEGAL METHODS III - LEGISLATIVE DRAFTING (2 CREDITS)
The goals of this course are to provide the student with: insight into the dynamics of a legislative body; appreciation of the importance of legislative history for interpreting the meaning behind legislation; an understanding of and political constraints on legal legislative and regulatory drafting; and practical drafting experiences. Pre-requisites: Legal Methods I & II
Enrollment: Limited to 20 students
LAW 645: LEGLISLATION (3 CREDITS)
This course studies the enactment and interpretation of statutes, principally on the national level. As such, the course is one of separation of powers, as we consider the exercise of governmental power by, and the relationship between, the legislative, executive, and judicial branches. Students will learn tools for interpreting statutes and for arguing in favor of one interpretation over another; the course is not designed to teach doctrinal lessons. Students should have a basic familiarity with the legislative process and the separation of powers before beginning the course, which one can learn by reading an introductory text.
LAW 643: LOBBYING AND THE LAW (2 CREDITS)
This course focuses on the role of lawyers in the lobbying process and the law regulating lobbying. Among the topics addresses are lobbying registration and disclosure statutes; ethical problems particular to lawyer-lobbyists; the role of lobbying in the legislative process; and the legal representation of community activists who are seeking legislative change or who are the targets of proposed legislative changes.
LAW 688: MEDIATION (2 CREDITS)
This course approaches mediation from the advocate’s perspective. It will provide students with an introduction to mediation along with a review of the stages of the mediation process. Students will explore both the law of mediation (e.g. enforcement of mandatory mediation provisions, enforcement of mediated agreements) and mediation ethics (e.g. conflicts of interest, mediator impartiality). The course also examines specialized applications of mediation including the use of mediation in education and divorce. Students will be asked to participate in role-playing exercises and to evaluate various mediation models.
LAW 6007X: NATIONAL SECURITY & THE AMERICAN CONSTITUTIONAL STRUCTURE (2 CREDITS)
This course will examine authority of the President and the Congress to protect the national security and the constraints on that authority. We will review the historical precedents from the American Revolution and the early decades of the new republic through the Vietnam War, and will use those precedents as context for examining contemporary issues. Drawing on case law, statutes and congressional resolutions, political documents, treaties and comparative transnational law, the course is intended to provide a framework for addressing the permanent debate over the reconciliation of the imperatives of security of the Nation and the notion of Liberty that has been its defining characteristic. Our casebook is TBA. Supplemental materials, special assignments, and useful web links will be posted on the course web site. The grade will be based on a final examination, which will consist of a single, take-home essay question.
LAW 889: NEGOTIATION (2 CREDITS)
This course provides an overview of negotiation theories and techniques. Through lectures and simulation exercises, students learn to identify their negotiating styles, to negotiate effectively and to use negotiation skills in the practice of law.
(Not open to students who have taken Law 849X: Interviewing, Counseling & Negotiating.)
LAW 767: MOOT COURT HONOR BOARD (1 credit)
Please contact Moot Court Honor Society for more information.
LAW 764: MOOT COURT HONOR SOCIETY (1 credit)
Please contact Moot Court Honor Society for more information.
LAW 772: MOOT COURT INTERSCHOLASTIC COMPETITION (1 or 2 credits)
Please contact Moot Court Honor Society for more information.
LAW 814: PA APPELLATE PRACTICE AND PROCEDURE (2 CREDITS)
(description coming soon)
LAW 925: PA CIVIL CLINIC (3-6 CREDITS)
The Pennsylvania Civil Clinic is a one-semester client service clinical program offering an opportunity to study and to undertake actual cases in general civil litigation in the Pennsylvania courts on behalf of clients who are unable to afford legal services from traditional private sources. Clinical participants interview and counsel clients; frame legal issues and prepare for litigation; and participate in negotiations, non-judicial dispute resolution and litigation on behalf of clients before administrative agencies and state and federal trial courts. Students may also assist in appellate cases before state and federal courts. Clients are represented by clinical interns under the supervision of the Clinical Director. Pre-requisites: Evidence & Professional Responsibility
LAW 926: PA CIVIL CLINIC LEADER (2 CREDITS)
The Pennsylvania Civil Clinic Leader is a one semester client service clinical program offered to selected students who have completed one semester in the Pennsylvania Civil Clinic. Students who are selected as Clinic Leader will continue to participate in the representation of actual clients in the general civil practice of the clinic. In addition, Clinic Leaders assist in the management of the Civil Clinic by ensuring that the materials used by the Clinic comply with applicable rules. The Clinic Leader also assists in supervising students by helping them in their research as well as their preparation for court proceedings. Clinic Leaders may also be asked to continue representation of clients from prior semesters or to work on special projects that may arise in the Civil Clinic from time to time. Pre-requisites: Evidence, Professional Responsibility, and Pennsylvania Civil Clinic.
LAW 741: PA CIVIL PRACTICE (2 CREDITS)
This course provides a general survey of civil practice and procedure in Pennsylvania state trial courts, based primarily on the Pennsylvania Rules of Civil Procedure and the Judicial Code. The emphasis will be on a practical application of the relevant procedures, with a focus on the reasons for the rules, their interpretations through developing case law, and their function and importance in the litigation process. Recent appellate court decisions will be discussed as examples of the interplay between procedure and practice
LAW 743: PA CRIMINAL PRACTICE (2 CREDITS)
This course provides an examination of various statutes, court decisions, procedural rules and defense and prosecution strategies involved in the journey of a criminal case through the Pennsylvania court system, including arrest, preliminary hearing, discovery, pre-trial motions, trial, sentencing, and appeal.
LAW 769: PATENT LAW (2 credits)
The course provides an introduction to patent law, focusing upon the requirements of patent ability (patentable subject matter, utility, novelty and non-obviousness), infringement, and defenses to infringement. Other possible topics include the economics of information and innovation competition, claims drafting, licensing, patent misuse, and antitrust violations.
LAW 650: PAYMENT SYSTEMS (3 CREDITS)
This course introduces the student to the law of negotiable instruments, primarily checks and promissory notes, and other methods of payment, including electronic checks, credit and debit cards and electronic funds transfers. The course will cover Uniform Commercial Code Articles 3 (Negotiable Instruments); 4 (Bank Deposits and Collections) and Article 4A (Electronic Funds Transfers) and other state and federal statutes covering electronic payments. Topics covered will include negotiability of instruments and holder-in-due course doctrine; liability for payments; loss allocation for forgery, credit and debit card theft and check fraud schemes; availability of deposits; and relationships between banks and their customers.
LAW 786: PRE-TRIAL METHODS (2 or 3 CREDITS)
Pre-Trial Methods is a semester-long simulation course focusing on litigation document preparation, discovery and motion practice. The course emphasizes motion practice and discovery skill, and includes written drafting exercises as well as oral deposition simulations and oral motion arguments. Pre -Trial Methods is graded A through F.
Pre-requisites: Evidence
LAW 652: PRODUCTS LIABILITY (2 CREDITS)
This course studies the development of liability of the distributors (manufacturers, vendors and other suppliers) for harm caused by defective products. Emphasis is placed on the development and nature of theories of strict liability in tort, negligence, misrepresentation, and warranty liability under the UCC.
LAW 702: PROFESSIONAL RESPONSIBILITY (3 CREDITS)
This course examines the duties of lawyers toward clients, courts, and society. Ethical problems which confront the lawyer are raised and discussed in terms of the Model Rules of Professional Conduct, the Model Code of Professional Responsibility and case law. The areas covered include confidentiality, conflicts of interest, competence and unauthorized practice.
LAW 515: PROPERTY I (4 CREDITS)
This course studies the basic elements of the law of real and personal property. Topics in personal property may include ownership and possession, finders' rights, bailments, bona fide purchasers, gifts, bank accounts, and accession. Topics involving real property include adverse possession, estates and future interests, marital interests, concurrent ownership, and landlord-tenant law. The course may also include other topics which are covered in more detail in upper level electives: nuisance law, zoning, constitutional limitations on public land use regulations, eminent domain, private land use restrictions (easements, licenses, servitudes), and real estate conveyancing and recording.
LAW 516: PROPERTY II (2 CREDITS)
A continuation of Property I, this course studies the basic elements of the law of real and personal property. Topics in personal property may include ownership and possession, finders' rights, bailment, bona fide purchasers, gifts, bank accounts, and accession. Topics involving real property include adverse possession, estates and future interests, marital interests, concurrent ownership, and landlord-tenant law. The course may also include other topics which are covered in more detail in upper level electives: nuisance law, zoning, constitutional limitations on public land use regulations, eminent domain, private land use restrictions (easements, licenses, servitudes), and real estate conveyancing and recording.
LAW 760: REAL ESTATE (2 CREDITS)
This course covers real estate conveyancing and financing. Principal topics include the roles of the attorney and broker in a real estate transaction, conveyancing issues, mortgage financing, and title protection. The course may also cover several of the following topics: environmental issues, bankruptcy issues, shared facilities ownership (condominiums, co-ops and homeowner associations) and shopping center development. Pre-requisites: Property I and II.
LAW 655: REMEDIES (3 CREDITS)
This course examines the various forms of relief available to prevailing parties in civil actions, primarily actions based in contract or tort. Thus, it covers damages, restitution, and equitable relief (specific performance and injunctions). The course also treats the use of the contempt power to enforce court orders.
LAW 646: SALES AND LEASES (3 CREDITS)
This course covers Articles 2 and 2A of the Uniform Commercial Code. Coverage generally includes all the stages of contracts for the sale and lease of goods from formation to breach and remedies. Documents of title (Article 7) and payment by means of letters of credit (Article 5) may also be covered. The course may also include comparisons and contrasts with the Convention on Contracts for the International Sale of Goods.
LAW 600: SECURED TRANSACTIONS (3 CREDITS)
This course provides an introduction to the law governing contractually created interests in personal property used to secure payment or performance of obligations. The course involves a study of the creation, perfection, priority and enforcement of security interests in personal property under Article 9 of the Uniform Commercial Code. The course also includes an examination of relevant provisions of the Bankruptcy Code and some other state and federal statutes that affect security interests.
LAW 629: SECURITIES REGULATION (3 CREDITS)
A three-credit survey course which examines the federal securities issues implicated by the public distribution of securities under the Securities Act of 1933, including analysis of the definitions of "security" and "exempted securities", private, limited offering and intrastate exemptions, and offerings by underwriters and dealers. The course also examines select issues in the trading of securities as governed by the Securities Exchange Act of 1934, including examination of the obligations of underwriters, brokers and dealers in the securities markets, the rights and obligations of parties to a tender offer of public securities, the implication of a private
right of action under the federal securities laws, and the duties and obligations of persons who trade in securities on the basis of non-public information. Pre-requisites: Business Organizations.
LAW 843: SEM: CAPITAL PUNISHMENT (2 CREDITS)
This seminar provides a survey of capital punishment beginning with the Supreme Court's striking and reinstitution of the death penalty in mid-1970. Coverage includes political dimensions of capital punishment, substantive limitations on its imposition; procedural concepts governing its use and the law of habeas corpus. Offered as course or seminar; students may not take both.
LAW 845: SEM: CHARITABLE ORGANIZATIONS (2 CREDITS)
This course examines the formation, organization and operation of tax-exempt entities including charitable organizations and private foundations. The course will analyze a myriad of topics including, but not limited to, the following: distinctions between non-profit and tax exempt statutes; income taxation of exempt organizations; private vs. state related classifications and the scope of judicial review; structuring relationships with non-profit affiliates and for-profit business organizations; liability and responsibility of agents, officers and directors; comparisons of the Delaware and Pennsylvania statutory schemes; and considerations in acquisitions, mergers and liquidations of exempt organizations.
LAW 634: SEM: CHILDREN & THE LAW (2 CREDITS)
In this course, we will explore the interaction among child, family and state. Our study will focus on fundamental questions that arise from this interaction: Who decides on behalf of the child? How does the law allocate power over and responsibility for children in our society? When and how should the state intervene in the parent-child relationship? We will examine these questions in a number of different contexts: abuse, neglect, foster care, adoption, divorce (custody and child support), medical treatment, and constitutional rights of children. Throughout our discussion of current practices and proposed reforms, we will attempt to keep the child at the center of the debate.
LAW 848: SEM: CONSUMER LEGISLATION
Students will concentrate on a specified issue currently of interest to consumer protection, culminating in drafting a statute or regulations. Students will meet with state legislative counsel, interested government officials and industry representatives to discuss consumer-oriented aspects of that issue. Students will study the structure of federal and state legislation which affects consumers in the marketplace. Covered topics include: the legislative process; agency promulgation of regulations; policy considerations unique to consumer-related matters; federal preemption and statutory construction – by the courts and under Pennsylvania’s statutory scheme.
LAW 6017X: SEM: CORPORATE WHITE COLLAR AND POLITICAL CRIMES
This course will look at issues involving crimes other than those commonly identified as “street crimes.” Most traditional criminal law courses focus on homicide cases. This course will consider the same sorts of issues involved in a standard criminal law course, including mens rea, actus reas, and group liability, but in the context of non-violent offenses that involve no trespass (i.e., fraud not larceny). Students will expected to produce a three-page reaction paper to some aspect of the reading for each class which may involve some outside research. The course grade will be based on these papers and class participation.
LAW 6016X: SEM: CURRENT ISSUES IN EVIDENCE
Students in this seminar will explore both current and controversial issuesin evidence as well as the foundations of evidence law. Topics will likelyinclude: hearsay and the Confrontations Clause, especially the developingSupreme Court doctrine in this area and the Court's recent cases concerningvictims of domestic violence; children as witnesses; evidence law theory,the codification of evidence law, and the rapidly developing area of expertand scientific evidence. In addition to assigned readings and possible trial exercises and demonstrations, each student will write a paper and do apresentation on an evidence law issue of her/his choice. Students maysatisfy the writing requirement with the course. Pre-requisite: Evidence
LAW 909: SEM: ELECTION LAW (2 CREDITS)
Though we often think of the electoral process as central to the shaping of law, the political process itself is governed by laws that affect the outcome of elections and, by extension, public policy. This course examines those foundational laws, whether they be constitutional or statutory. Topics include the right to vote; First Amendment rights of candidates, voters, political speakers, and parties; the Voting Rights Act's and the Constitution's constraints on the drawing of district lines; and the place of money in the electoral process. Pre-requisite: Constitutional Law.
LAW 982: SEM: ELECTRONIC COMMERCE & INTERNET LAW (2 CREDITS)
This seminar explores the legal issues that have arisen with the migration of business and personal relationships to the Internet. Topics covered may include: Internet and other electronic contracting, electronic payments including credit cards, person-to-person payment systems and stored value cards, privacy and data projection, trademarks and domain names, software
licensing and other copyright issues, jurisdiction, consumer protection, and virtual worlds and social networking sites.
LAW 869: SEM: SPECIAL TOPICS LIFE SCIENCES LAW (2 CREDITS)
(F/K/A Special Topics Food and Drug Law, Summer term only)
Life Sciences Law: Special Topics in the Law and Regulation of Food, Drugs, Biologics, Medical Devices and Dietary Supplements
This Life Sciences and Health Law seminar will explore dietary supplements, biologics, veterinary products, biotechnology, and specialized legal issues specifically under the United States Federal Food, Drug and Cosmetic Act and related laws. This seminar may examine litigation issues, regulatory matters and current topics. For example, the issue of the duty to warn may be examined.
Other subjects that may be explored include legislation, jurisdictional issues concerning the regulation of tobacco by FDA, advertising and promotion, industry accountability, constitutional issues, ethical questions, economic matters, product liability and the political milieu. This seminar affords students the opportunity to become directly involved in practical, hands on, various interactive legal exercises. This seminar may satisfy the writing requirement upon the requisite approvals.
NOTE: This is an online course; however, there will be face to face sessions scheduled (teleconferenced to HBG) where students will be required to meet in DE or HBG.
LAW 869: SEM: LIFE SCIENCES LAW (2 CREDITS)
(F/K/A Food and Drug Law)
Law and Regulation of Drugs, Medical Devices, Foods and Related Products
This Life Sciences and Health law seminar explores the regulation of Food and Drug Law based on the United States Federal Food, Drug and Cosmetic Act and related law. The course provides an overview of how the Food and Drug Administration (FDA) regulates foods, drugs, medical devices, cosmetics and other related products. The course covers issues such as landmark legislation and cases; administrative law; enforcement and compliance methodologies; medical device regulation; human drug topics such as prescription and over the counter products, drug approvals, promotion, generic and brand issues; cosmetic regulation; food law topics such as additives, claims and safety and product classification. Other topics that may be explored include policy and political issues, ethical issues and corporate accountability.
This seminar affords students the opportunity to become directly involved in practical, hands on, various interactive legal exercises. The seminar may satisfy the writing requirement upon the requisite approvals.
NOTE: This is an online course; however, there will be face to face sessions scheduled (teleconferenced to HBG) where students will be required to meet in DE or HBG.
LAW 752: SEM: INTERNATIONAL ENVIRONMENTAL LAW (2 CREDITS)
This seminar will examine the rapidly growing law of international environmental protection, and how public international law both affects and is shaped by environmental law in the United States, and another countries and regions of the world. The role of law in responding to the international problems of global warming, ozone depletion, trans-boundary water and air pollution, hazardous chemicals and wasters, biological diversity, tropical deforestation, and natural resource exploitation and conservation will be explored. Within the context of these international environmental concerns, the course will consider the effectiveness of various regulatory techniques, the tension between environmental quality and economic development, the distinctions between less developed and developed nations, and the impact of this rapidly developing field of law on the practice of law in the United States.
LAW 829: SEM: LAW AND PSYCHOLOGY (2 CREDITS)
This seminar will cover a wide range of topics involving law and the mental health system. Although topics will vary with student interests, the seminar will generally focus on civil and criminal aspects of mental illness and mental retardation. Specifically, the seminar will (1) provide background information concerning the nature of mental disorders; (2) focus on laws affecting the mentally disabled charged with criminal acts, thought to be in need of hospitalization, and believed to be incompetent; and (3) explore laws that attempt to prevent discrimination against people with mental disabilities.
LAW 908: SEM: PROBLEMS IN CONSTITUTIONAL LAW (2 CREDITS)
This seminar examines the U.S. Constitution through theoretical writings and Supreme Court opinions. Specific topics will include judicial review, methods of constitutional interpretation, state action, and freedom of expression, among others. There will be opportunities to re-examine issues addressed in the basic course in constitutional law as well as to consider issues overlooked in that course. Students will moderate several discussions and present their papers.
LAW 687: SEM: PROPERTY THEORY (2 CREDITS)
Should people have property rights in their bodies and internal organs? How can property rights be used to address problems of allocation of natural resources such as water and fisheries? What exactly does the word property mean in the Due Process and Just Compensation Clauses of the Constitution? This seminar will explore these and other issues in light of theories of private property articulated by political philosophers (including Mill, Hume, Rawls, Marx and Plato), legal theorists (including Wesley Hohfeld, Thomas Grey, Charles Reich, Richard Posner and Margaret Jane Radin) and economists (including Hernando de Soto).
LAW 829: SEM: PUBLIC INTEREST LEGISLATION (2 CREDITS)
This seminar introduces students to both the legislative process and the law surrounding domestic violence. Seminar students, in cooperation with the staff of the Pennsylvania Coalition Against Domestic Violence, will draft legislation and supporting documents and work towards the enactment of the seminar’s legislative projects. The seminar’s work has already resulted in two laws in Pennsylvania, one of which established an address confidentiality program for the victims of domestic violence, sexual assault, and stalking. Students also will produce a paper that may fulfill our writing requirement. Classroom sessions will focus on legislative drafting, lobbying, state constitutional law, the process by which bills become law, and domestic violence law.
Enrollment is limited and requires approval of the instructor.
LAW 717: SEM: RACE, GENDER & SPORTS (2 CREDITS)
This seminar will address the role played by race and gender in various aspects of professional and amateur sports. Among the topics to be discussed will be the establishment of the women’s baseball league, the breaking of the color barrier in Major League Baseball and other professional sports, the scope of Title IX and its impact upon intercollegiate athletic programs, opportunities for women and minorities in league, team and university hierarchies, the influence of the media, the impact of fan attitudes upon sorting events and tournament purses, and related issues. Issues will be addressed from a legal as well as social science standpoint. The course materials will consist of cases, statutes, law review excerpts, and items from non-legal publications.
LAW 885: SEM: SUPREME COURT POLITICS (2 CREDITS)
This seminar introduces students to the Supreme Court of the United States as an institution of government and law, as well as a collection of individual personalities, philosophies, and experiences. We will begin the course by exploring the appointment of Justices, examining the factors that Presidents and Senators use in naming and evaluating potential appointees to the Court.
From this initial look at what the Court is, we will turn to what the Court does by examining the Court’s decision-making process. Topics include certiorari, oral argument, and the drafting of opinions. We will examine the extent to which factors such as precedent, Justices’ attitudes, and public opinion shape the Court’s opinions. Finally, we will confront proposals to reform the institution and evaluate the proposals in light of what we have learned about the way the Court presently operates.
A portion of the semester will be devoted to analysis of cases that are on the Court’s docket for the current Term. Students will argue one side of one pending Supreme Court case before the rest of the class. Each student will also be responsible for authoring a substantial paper analyzing and critiquing one Justice’s approach to a particular area of law.
AW 6018X: SEM: TAKINGS
In this seminar, we will closely examine the major issues surrounding theJust Compensation Clause of the Fifth Amendment. These issues include themeaning of "public use" and the problem of regulatory takings. We will readthe Supreme Court's cases interpreting the Clause and academic commentaries on takings issues
LAW 975: SEM: THEMES IN INTERNATIONAL LAW (2 CREDITS)
This course will examine contemporary issues in creating and reforming international governing institutions in light of the challenges presented by globalization. With historical reference to how past governing regimes have been conceived, it will explore models which could be adapted to the present international system. Specifically, the course will examine the experience of the founding fathers in unifying the American states to create the United States of America, the post-war European architects in designing what has become the European Union, and of Woodrow Wilson, Franklin Roosevelt, and other international planners in conceiving of the League of Nations and the United Nations. The grade in this course will be based on a final exam.
LAW 699X: SPECIAL PROBLEMS IN LEGAL ETHICS (1 CREDIT)
The advanced problems course will take a more in-depth look at the very real and very serious professional responsibility challenges which arise in everyday practice of law. We will move the consideration of professional responsibility from the theoretical study of moral codes to the application of those codes in light of other law, moral and professional considerations and the individual student’s own sense of proper action. The ultimate purpose of the course is to arm the student with a sophisticated understanding of the workings of the moral and professional rules applicable to law practice, to train the student in identification of the ethical questions which frequently arise in law practice and thus to enhance the value of the student to him/
herself and to the employing firm or organization. (Inter-semester; 2-days, 1 credit)
LAW 881: SPORTS LAW (3 CREDITS)
Sports Law presents an in-depth study of the nature of professional sports leagues and associations, focusing predominantly upon the areas of contracts, antitrust and labor-management relations. Among the topics addressed are: the powers of league commissioners and the sources of authority and legal basis for league governance; contract negotiations and enforcement; the “per se” rule and “rule of reason” approaches to alleged violations of the antitrust laws, as well as pertinent exemptions from antitrust coverage; representation and unfair labor practice cases before the National Labor Relations Board; the development of collective bargaining in professional sports, including strikes, lockouts and various voluntary dispute resolution mechanisms; and an overview of the duties and responsibilities of an athlete’s agent.
LAW 800: STATE ADMINISTRATIVE LAW (3 CREDITS)
This course examines the practice of administrative law in the states with particular emphasis on Pennsylvania. Building on the foundation of the first-year federal administrative law course, State Administrative Law has two objectives: (1) To help students develop a pragmatic orientation in preparation for the practice of state administrative law. State administrative practice and/or litigation will be a major focus. The student will be asked to examine one state agency (of the student’s interest and choice) and explain in a general way what its objectives, powers and method of operation are. Students will also have the opportunity to prepare a fairly complex application to an agency. Several agency experts will offer advice and guidance on selected topics. (2) To examine differences between state and federal administrative law. First, state procedural due process and separation of powers law are different, and frequently litigated. Second, the text of the Pennsylvania Constitution itself is unique, which has led to major variations from federal administrative law. Third, Pennsylvania has its own statutory administrative code, which is different from the federal Administrative Procedure Act. Fourth, some areas of administrative law are more pervasive in the states. For example, licensing application, renewal, suspension and renovation practice and procedure are major parts of state law. The course will examine all these areas in length. Pre-requisite: Administrative Law
LAW 806: STATE AND LOCAL GOVERNMENT (3 CREDITS)
This course examines the functions, sources of authority, and organization of various units of local government, and the relationship of these units to the state. Specific topics may include formation, alteration and boundary changes; the police power; land use planning and control; real estate and eminent domain; taxation, budgeting, and auditing; public officers, employees, and unions; tort liability under state and federal law; and federal-state-local relations.
LAW 773: STATE CONSTITUTIONAL LAW (2 or 3 CREDITS)
This course examines the significance of state constitutions, their role in our federal system, and competing approaches to their interpretation. Particular emphasis is placed on the importance of state declarations of rights in providing guarantees in addition to, and different from, federal guarantees of individual rights, and on separation of powers issues. Other topics include local government, public education, state and local taxation, limits on debt and expenditures, and the processes of amending or revising state constitutions. Pre-requisite: Constitutional Law
LAW 972: TAXATION OF BUSINESS ENTERPRISE (3 CREDITS)
A problem-oriented course designed to acquaint the student with the federal income tax aspects of the various forms of conducting business. The course will consider the tax consequences associated with doing business as a proprietorship, partnership (including limited liability partnership) and corporation (including S corporation and limited liability company). This course is essential for any student considering business work, whether as a practicing attorney, in-house counsel, or entrepreneur. Students who have taken either Corporate Taxation or Partnership Taxation may take this course. Pre-requisite: Federal Income Tax
LAW 519: TORTS I (2 CREDITS)
This course examines and analyzes the general theories of tort liability for injuries to persons or property: intentional misconduct, negligence, and strict liability. The course may also introduce principles and theories of products liability. Defenses to all theories of liability are also covered.
LAW 520: TORTS II (3 CREDITS)
A continuation of Torts I, this course examines and analyzes the general theories of tort liability for injuries to persons or property: intentional misconduct, negligence, and strict liability. The course may also introduce principles and theories of products liability. Defenses to all theories of liability are also covered.
LAW 781: TRIAL METHODS (2 CREDITS)
Trial Methods is a semester-long course focusing on oral trial practice skills and on strategy and planning for civil or criminal trials. One hour each week will be devoted to lectures and demonstrations of trial skills. Two hours each week will be devoted to simulation exercises under the supervision of experienced practitioners and judges. The course will conclude with a short jury trial. Trial Methods is graded pass/fail. Students may not take both Trial Methods and I.T.A.P. Pre-requisite: Law 836: Evidence. (Pre-Trial Methods is not a Pre-requisite for Trial Methods.)
LAW 912: VETERANS’ LAW CLINIC (2 or 3 CREDITS) Interactive with Delaware
The Veterans Law Clinic is a one or two semester administrative disability law clinic. Students represent disabled veterans and/or their dependants before the Department of Veterans Affairs in disability compensation cases. The clinic integrates administrative law, health law, and forensic medicine. Interns will do intake interviews for new clients, investigate, and develop the law and facts for VA compensation cases, including forensic medical research, and present cases before the Board of Veterans Appeals. Interns may register for one or two semesters. An Intern is obligated to spend an average of ten hours per week doing clinical work. Interns meet weekly for a classroom component that consists of instruction on interviewing and investigating techniques and substantive veterans’ disability law. In addition, each intern keeps a reflective journal that will be reviewed by the director at the end of the semester. An intern earns three (3) CREDITS per semester for a total of six (6) CREDITS for two semesters. The instructor may approve a two-credit load per semester. Pre-requisites: Professional Responsibility, Evidence
LAW 892: WHITE COLLAR CRIME (2 credits)
This course surveys white collar and business entity offenses in the federal system, such as conspiracy, mail and wire fraud, and RICO. The responsibility of corporations and their directors and officers for crime will be examined, as will the roles of the prosecutor and the defense attorney in the investigation, prosecution, and disposition of business crime. Emphasis will be placed on the particular legal strategies and ethical issues involved. Pre-requisite: Constitutional Law
LAW 834: WILLS & TRUSTS (4 CREDITS)
The course covers in testate succession; testamentary capacity; execution, revocation and component parts of wills; interpretation of wills; constructive trusts; will substitutes; creation and interpretation of inter vivo and testamentary trusts; future interests; the Rule Against Perpetuities; and ethical and practical considerations in drafting wills and trusts. The course may cover charitable trusts; powers of appointment; fiduciary responsibility; administration of trusts and estates; introduction to estate and gift tax law.
LAW 745: WORKERS’ COMPENSATION (2 CREDITS)
This course studies the development and application of workers’ compensation statutes, combining theoretical and practical approaches. Among the topics that will be covered are: statutory elements of a claim for an accident to be work-related and compensable; defenses, burdens of proof, and procedure; distinctions among occupational injury, disease, and stress claims; different types of compensation on civil actions and related claims for damages and disability; and current legislative proposal.
LAW 60149X: LAW AND GOVERNMENT COLLOQUIUM: SELECTED TOPICS IN CONSTITUTIONAL AND ADMINISTRATIVE LAW (1 CREDIT)
In this seminar, we will examine several of the structural elements and protections of the federal constitution, similar structures in state constitutions, state constitutional interpretation, and constitutional considerations in administrative law. All students will prepare a paper for their grade that may also satisfy the L&G and the upper class writing requirement, if desired.