CURRICULUM
Course Descriptions: Skills and Simulation Courses640 Trial Advocacy (3)
Saltzburg, Austin, Campbell, Gilligan, Horn, Naughton, Rankin, Schaffer, Schreiber, Trumball-Harris, Urbina
Pretrial and trial techniques with emphasis on procedural, evidentiary, tac-tical, and ethical problems experienced by trial lawyers in actual cases. Complaint drafting, pretrial motions, depositions and other discovery methods, preparation of witnesses, jury selection, the use of experts, di-rect and cross-examination, introduction of documents, courtroom tech-niques, and opening and closing arguments. Role playing in simulated courtroom situations. Once registered, no student may drop this course without the express permission of the dean of students. Prerequisite: Law 230; Saltzburg—students may be en-rolled concurrently in Law 230. Enrollment is limited. (Short papers and exercises)
642 Alternative Dispute Resolution (ADR) Competition (1)
D. Johnson
Participants in intrascholastic and interscholastic ADR competitions may register for this course and receive 1 credit for each competition in which they participate. A student successfully advancing from a regional to a na-tional competition must register for this course again to receive 1 addi-tional credit for participation in the national. All students competing must complete and submit an Intent to Compete form available in the Student Affairs Office. In no event may a student receive more than a total of 3 credits for intra- and interscholastic competitions under Law 642, 644, and/or 645. Once registered, no student may drop this course without permission of the dean of students. This course is graded on a CR/NC basis.
643 Pre-Trial Advocacy (2 or 3)
A. Robinson, Rhoad
Pre-trial and trial techniques of civil discovery and motions practice by role-playing in simulated cases. The class is divided into “law firms” that represent clients in cases at the pre-trial stage. Students are required to attend pre-trial conferences and conduct extensive discovery, including conduct of depositions, argument on discovery motions to compel or sanctions, preparation and service of interrogatories, requests for produc-tion, requests for admissions, and motions for physical and mental exami-nations. The course ends with a five-hour mock trial by jury. (Simulation and paper)
644 Moot Court (1)
D. Johnson
The Moot Court Board sponsors four upper-level, intrascholastic competi-tions each year: the Van Vleck Constitutional Law Moot Court Competi-tion, the Jessup International Law Moot Court Competition, the Giles S. Rich Intellectual Property Law Moot Court Competition, and the Govern-ment Contracts Moot Court Competition. Participants earn 1 credit for each competition in which they participate, regardless of how they finish. Participants in the Jessup Competition and the Giles S. Rich Competition who compete in the regional rounds must register for this course again, and receive 1 credit in addition to the credit earned for participating in the in-house competition. All students competing must complete and submit an Intent to Compete form available in the Student Affairs Office. Only current members of the Moot Court Board may petition to receive Moot Court Board funds to attend external competitions, unless approval is oth-erwise granted by the dean of students. In no event may a student receive more than a total of 3 credits for intra- and interscholastic competitions under Law 642, 644, and/or 645. Once registered, no student may drop this course without permission of the dean of students. This course is graded on a CR/NC basis.
645 Mock Trial Competition (1)
D. Johnson
The Mock Trial Board sponsors the intrascholastic Cohen & Cohen Mock Trial Competition in the fall semester. The competition offers students an opportunity to practice trial skills and serves as a basis for selection of teams to represent the Law School at various interscholastic trial competi-tions. The competition requires a two-person team to prepare a written trial brief and argue its case before a judge and jury. The competition also provides a seminar on trial advocacy skills, strategies, and techniques. Students who participate in the fall competition receive 1 credit. Those students attending interscholastic trial competitions must register for this course again, and receive 1 credit for each competition in which they par-ticipate. All students competing must complete and submit an Intent to Compete form available in the Student Affairs Office. In no event may a student receive more than a total of 3 credits for intra- and interscholastic competitions under Law 642, 644, and/or 645. Once registered, no stu-dent may drop this course without permission of the dean of students. This course is graded on a CR/NC basis.
646 Mediation (2)
Drucker, C. Lerner, Shaller, Wind
Consideration of the growing use of mediation to resolve disputes and comparison with other dispute resolution processes. Taking the roles of mediators and disputants, students participate in a number of simulations. Mock mediations are conducted individually and with a co-mediator. Ex-amination of -practical and ethical issues; applicability to various substan-tive areas including contract, tort, consumer, family, criminal, discrimina-tion, and landlord/tenant. Students are expected to fill out role-playing evaluations of themselves and classmates on a regular basis and to write a 15-page paper (which does not count toward fulfilling the legal writing requirement) discussing a particular application of mediation or other dis-pute resolution process or an ethical or legal question involving mediation. Class attendance is mandatory. Enrollment is limited. Students may take both Law 646 and 647 from the same instructor only with the instructor’s permission.
647 Alternative Dispute Resolution (2 or 3)
Adams, Hoffman
Theoretical and practical aspects of negotiating and mediating transac-tions and disputes. Techniques studied include neutral evaluation, regula-tory negotiations, mini-trials, settlement judge approaches, arbitration, and other “hybrids.” Students participate in a number of simulated disputes re-lated to various practice areas, both in and outside of class. Enrollment is limited. Students may take Law 647 and either 646 or 648 from the same instructor only with the instructor’s permission. (Role playing and written assignments)
648 Negotiations (1, 2, or 3)
Craver, A. Abramowitz, Costantino, Haythe, Ray, Sylvester
Examination of the negotiation process employed by legal practitioners. The assigned text considers the negotiation process, negotiating tech-niques, verbal and nonverbal communication, and other factors that influ-ence these interpersonal transactions. Students engage in negotiation exercises that enable them to practice the art of negotiating and to exam-ine their personal strengths and weaknesses. Grades are determined in meaningful part by the results obtained, vis-a-vis other class members, from these exercises. Students are also required to prepare a short paper on a topic pertaining to the negotiation process. Enrollment is limited. Students may take both Law 648 and 647 from the same instructor only with the instructor’s permission.
650 Client Interviewing and Counseling (2)
Boss
Practice with gathering and evaluating facts supplied by clients, followed by presentations of advice based on consideration of facts and applicable law. Discussion of interpersonal aspects of client relations and ethical problems that may arise in the context of client interviews. Students par-ticipate in simulated interviews, portraying both clients and attorneys. A paper discussing some aspect of the interviewing and counseling process is required. Enrollment is limited. (Simulation and paper)
652 Legal Drafting (2)
Monroe, Murray, Bozzo, Farrar, Guberman, Juni, Kremers, Lynch, McCaffrey, E. Shapiro, Wintrol
Students learn the fundamental skills necessary to draft litigation and transactional documents. Practical application of the drafting process to the preparation of litigation documents, such as pleadings and motions, and transactional documents, such as contracts, deeds, wills, or other agreements. Topics include planning and structuring a document, legal research strategies, the role of procedural rules, plain language initiatives, and ethical principles that affect the drafting process. (Drafting projects and short writing exercises)
653 Advanced Appellate Advocacy (2)
Bronston, Lackey
Intensive study of appellate process, brief writing, and argumentation. Fo-cus on techniques for creating and structuring an appellate brief and de-veloping effective arguments to support a client’s position and refute an opposing party’s position on appeal. Topics include developing a theory of the case and developing arguments based on precedent. Strategic con-siderations of appellate briefs and effective oral argument. (Appellate briefs and oral argument)
654 Law and Rhetoric (2 or 3)
Kryvoruka
Consideration of the usefulness and application of classical and contem-porary rhetorical theory in legal arguments. The structures and strategies of argument and persuasion applied to the legal context. Judicial opinions, appellate briefs, and legal scholarship are examined toward an under-standing of rhetorical strategies. (Papers and short writing assignments)
655 Advanced Legal Research (2)
Pagel, Reed
Intensive review of legal research tools and methods involving both tradi-tional and automated resources. General categories of materials (report-ers, codes, etc.) and their place in contemporary law practice; methods of conducting research in specific areas of the law. (Research assignments and paper)
656 Independent Legal Writing (1 or 2)
Levine
Preparation of a research paper under the supervision of a member of the faculty who will determine, prior to registration, whether the work required for the topic justifies 1 or 2 credit hours. If elected for 1 credit hour, this course may be repeated to meet the legal writing requirement for the J.D. degree. Approval by the faculty supervisor is required prior to registration; if the faculty super-visor is a member of the part-time faculty, approval is also required from the senior associate dean for academic affairs or asso-ciate dean for academic affairs. Compliance with the Legal Writing Re-quirement as outlined in this Bulletin is necessary if the course is used to satisfy that requirement. Students may not take more than a total of 2 credits in this course under the supervision of part-time faculty members. (Research paper)
658 Law Review (1 or 2)
Clark, Duffy
Limited to third-year members of the student staff of the Law Review. A maximum of 2 credit hours may be earned in this course. Second-year students must enroll in Law 664 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 664 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.
659 International Law Review (1 or 2)
Steinhardt
Limited to third-year members of the student staff of the International Law Review. A maximum of 2 credit hours may be earned in this course. Sec-ond-year students must enroll in Law 664 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 664 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.
661 Public Contract Law Journal (1 or 2)
Schooner, Yukins
Limited to third-year members of the student staff of the Public Contract Law Journal. A maximum of 2 credit hours may be earned in this course. Second-year students must enroll in Law 664 to reflect journal participa-tion. This course is graded on a CR/NC basis. Satisfactory completion of Law 664 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.
662 Intellectual Property Law Journal (1 or 2)
Schaffner
Limited to third-year members of the student staff of the American Intel-lectual Property Law Association Quarterly Journal. A maximum of 2 credit hours may be earned in this course. Second-year students must en-roll in Law 664 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 664 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.
663 International Law in Domestic Courts Project (1 or 2)
Shelton
Limited to members of the student staff of the International Law in Domes-tic Courts Project. A maximum of 4 credits may be earned in this course. Second-year students must enroll concurrently in Law 520 and 664. This course is graded on a CR/NC basis.
664 Scholarly Writing (1)
J. Clark
Introduction to writing for scholarly legal journals. Topic selection, re-search strategies, organization, style, grammar, usage, and the editing process. This course reflects journal participation for second-year stu-dents on all journals. Satisfactory completion of Law 658, 659, 661, 662, or 663 in the third year is required to receive credit for this course. The grade of H, P, LP, or NC is given for this course.
666 Research and Writing Fellow (2)
DeSanctis, Murray
Limited to students selected to assist in teaching first-year Legal Re-search and Writing (Law 216) and Introduction to Advocacy (Law 217). Two credit hours may be earned in both the fall and spring semesters. This course is graded on a CR/NC basis. |