Courses

One of the law school's great strengths is the richness and diversity of its curriculum. It offers students the opportunity to sample a broad array of areas of the law with more than 275 elective courses offered each year. In addition to introductory-level and more advanced courses in a variety of fields, some highly specialized areas of the curriculum allow students to gain considerable expertise. These specialized areas include international law, environmental law, intellectual property law, and government regulation and constitutional law. 

The courses of instruction are described below. The number of hours of credit given for the satisfactory completion of a course is indicated in parentheses after the name of the course. Thus, an academic-year course with two hours of credit each semester is marked (2–2) and a semester course with two hours of credit is marked (2). Some courses are offered for variable credit hours and are marked (2 or 3) or (3 or 4). Each semester’s class schedule will indicate the number of hours for which the course is being offered. The method by which students will be evaluated in the course is indicated at the end of each course description. Students should always consult the instructor’s course syllabus to confirm the method of evaluation and related details, particularly when more than one instructor is indicated in the course description. Not all courses are offered each year. Students should consult the schedule of classes to determine whether a course is offered in any given semester or summer session.

Course Categories

Required Courses for JD Students

Cunningham, L. Fairfax, Gabaldon, Maggs, Schooner, Selmi, Swaine, Wilmarth

Legal remedies of contracting parties, including damages in contract and quasi-contract, specific performance, reformation, rescission, remedies in tort; acts creating and terminating contractual rights, including offer and acceptance, mistake, problems of proof; function of consideration; conditions; assignments; third-party beneficiaries; effect of changed circumstances; protection of the client’s interests upon breach or threat of breach by the other party. Emphasis on problems of analysis, draftsmanship, adversary method. (Examination)

Banzhaf, Hammond, Karshtedt, Schechter, N. Schoenbaum, Suter, Turley

Liability for harm to person or property. Intentional torts, negligence, nuisance, products liability, defamation, and invasion of privacy; fault and other bases for shifting losses; causation; damages; effects of liability insurance; problems under Federal Tort Claims Act. (Examination)

E. Brown, Glicksman, Nunziato, Overton, Schwartz, Tuttle

Basic concepts of personal property. Real property: historical background of the law of estates and conveyancing, types of estates, dower and curtesy, landlord and tenant relationship, concurrent estates, future interest at common law and after the Statute of Uses; introduction to modern conveyancing—the real estate contract, the deed, the recording system, methods of title assurance. (Examination)

Braman, Cottrol, R. Fairfax, C. Lee, Solove

An overview of the criminal justice system; dimensions of the problem of crime and goals of penal sanctions. An examination of what conduct should be made criminal and what sanctions should be applied. The theoretical anatomy of a criminal offense (elements of mens rea and actus reus), the general principles of criminal liability, and the various defenses. Special problems, such as conspiracy, inchoate crimes, causation, insanity, and complicity, are subjected to detailed analysis. (Examination)

Abramowicz, Berman, B. Clark, Colby, Gutman, A. Morrison, Peterson, Schaffner, Siegel, P. Smith, Trangsrud

The theory and practice of civil litigation. Analysis of the goals, values, costs, and tensions of an evolving adversarial system of adjudication. Examination of the rules and statutes that govern the process by which substantive rights and duties are enforced in our federal and state courts. Topics include the relationship of procedure to substantive law, the proper reach of judicial authority, pleading, motions practice, joinder of parties and claims, class actions, pretrial discovery, trial by jury, remedies, post-trial procedure, appeals, claim and issue preclusion, and alternative dispute resolution. (Examination)

Cheh, Colby, Fontana, P. Smith, Maggs, A. Morrison

Basic principles of U.S. constitutional law, with a focus on governmental powers and the role of the Supreme Court in interpreting and enforcing constitutional norms. The nature and scope of judicial review. The case and controversy requirement and other limitations on constitutional adjudication. Powers of the president and Congress; the separation of powers doctrine. Relationship of the national government to state governments and principles of federalism. The state action doctrine. (Examination)

DeSanctis, Singh, Baisinger, and Staff

Introduction to use of a law library; research experience in primary, secondary, and specialized sources of law; practice in proper legal citation form. Instruction and practice in legal writing and analysis, with primary emphasis on legal memoranda. This course is graded on a letter-grade basis. Failure to complete the work in this course may result in the receipt of a grade of F.

DeSanctis and Staff

Instruction and experience in the research and writing of pretrial motions and appellate briefs, with emphasis on preparing and presenting arguments persuasively. Also, instruction and practice in preparing and presenting oral arguments. This course is graded on a letter-grade basis. Failure to complete the work for this course may result in the receipt of a grade of F.

Cheh, R. Fairfax, C. Lee, Tuttle, Cohen, Shawn, Szabo, Wilmarth

Ethical problems involved in civil and criminal counseling and litigation. Rules of Professional Conduct and legal discipline; roles of bar associations and courts in regulating lawyer conduct. Credit may not be earned for both Law 6218 and Law 6343. (Examination)

Courts and Civil Litigation

Braman, Carter, Kirkpatrick, Pierce, Saltzburg

Policies, principles, standards, and rules governing the trial of civil and criminal cases in federal and state courts. Topics may include relevancy, the hearsay rule, direct and cross-examination of witnesses, opinion, scientific evidence, impeachment, privileges, writings, real and demonstrative evidence, judicial notice, confrontation and compulsory process, and burdens of proof and presumptions. (Examination) (Pierce, Saltzburg-Skills/E)

Kirkpatrick

Advanced issues of evidence law, including  Jury decision making, eyewitness identification, predictions of future dangerousness, polygraph evidence, hypnotically refreshed testimony, recovered memory, syndrome and profile evidence, and complex issues of evidentiary privilege. Prerequisite: Law 6230 or with permission of the instructor. (Research paper)

B. Clark, Siegel, Ryan, Stucky

The relationship of the federal courts to Congress and to the states. Topics may include judicial review; standing and justiciability; congressional power to regulate jurisdiction; legislative courts; federal question, diversity, removal, civil rights, and habeas corpus jurisdiction; state sovereign immunity; Supreme Court appellate jurisdiction; abstention; federalism doctrines; and federal common law. (Examination or take-home examination)

Berman, Steinhardt

Legal problems arising from occurrences transcending state or national boundaries; jurisdiction; foreign judgments; constitutional influences; theoretical bases of choice of law principles and their application to specific fields, including torts, contracts, property, family law, administration of estates, business associations. (Examination)

Trangsrud

Analysis and critique of complex civil litigation in the state and federal courts. Examination of complex joinder, the management of factually related claims in multiple venues, modern class-action practice, and current developments in the law of claim and issue preclusion. Other topics covered in some years include judicial supervision of plaintiff and defendant class actions; discovery and judicial control of large cases; the role of juries, magistrates, and masters in complex cases; and problems attending complex remedies such as the use of structural injunctions to reform public schools, hospitals, and prisons. (Examination)

Hirt

This seminar provides students a solid grounding in an important civil litigation topic: the discovery and use at trial (or other evidentiary proceedings) of electronically-stored information (ESI). Students will learn how ESI has changed litigation and how practitioners and judges apply discovery and case management rules and practices to ESI issues. The course is graded on a CR/NC basis. There are no prerequisites for this course. (Student exercises and writing assignments)

Schaffner, Trangsrud

The types and forms of relief that judges can award in civil litigation: decisional and statutory damages in contract, quasi contract, and tort, including tort reform and wrongful death; overcoming limitations of actions and releases; injunctions as provisional and final relief; equitable remedies, such as specific performance, rescission, and reformation; relief from fiduciaries; and tracing, constructive trusts, and equitable liens. (Examination)

Axelrad

Major substantive aspects of litigation with the federal government. Topics include analysis of statutory schemes that permit and limit judicial remedies against federal agencies and officials; nonstatutory remedies; judicial review; monetary recoveries from the United States; special rules, including those pertaining to discovery and application of equitable principles; and consideration of the continued vitality of federal sovereign immunity. (Take-home examination)

Effron, Vuono

This course will: (1) examine the vital role of federal and state appellate courts in our legal system; (2) explore the substantive and procedural elements of appellate litigation; and (3) engage students in the study of appellate practice through assignments involving research, writing, analysis, advocacy, and advice. (Writing assignments and oral argument) (Skills/E)

A. Robinson, Gardner, Hirt, LoRe, Keenan, Z. Rainey

Selected topics in civil procedure to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Blackmon

The use of scientific methods and the reliability of scientific principles in litigation. Topics include statistical proof, surveys, and epidemiological principles. Exploration of the admissibility and sufficiency of expert scientific testimony and evidence in light of recent Supreme Court cases, and application of these principles to lower court cases. Prerequisite: Law 6230. (Research paper)

Selected topics in civil procedure to be announced at the time of registration. Enrollment is limited. (Research paper)

Commercial, Business, and Labor Law

D. Clarke, Cunningham, L. Fairfax, Gabaldon, Manns, D. Mitchell

Corporate law, with emphasis on operations and financing of corporations. Control of corporations; action by corporate directors, officers, shareholders. Control devices. Directors’ and shareholders’ duties of care and loyalty, insiders’ transactions in shares of the corporation. Derivative suits, kinds of shares, dividends, corporate distributions. (Examination)

Gabaldon, Manns, Sibay, Webb

Survey of federal and state laws governing the offering, distribution, and trading of securities. Focus on federal laws and regulations, in particular the Securities Act of 1933, the Securities Exchange Act of 1934, and the enforcement of these laws by the SEC and private parties. Prerequisite: Law 6250. (Examination or take-home examination at the instructor’s discretion)

Roth

General introduction to finance theory; problems in the issuance and reacquisition of corporate securities; analysis of various types of securities; problems involved in the use of debt and payment of corporate dividends; and financial analysis of mergers, acquisitions, recapitalizations, dissolutions, and liquidations. Prerequisite: Law 6250. (Examination or take-home examination at instructor’s discretion)

Mahon

Federal and state regulation of corporate takeover bids and tender offers, including theories of corporate acquisitions, the Williams Act, and regulation of takeover tactics and defenses. Prerequisite: Law 6250. (Examination)

Theoretical and practical perspectives on the venture capital and buyout marketplace. Legal, business, economic, and financial issues that are part of the legal documentation supporting venture capital and buyout transactions. Dynamics of organizing a venture capital or buyout fund; organizing, structuring, financing, managing, and exiting venture capital–backed companies. (Class projects and takehome examination)

Ragen

Applicability of the Investment Company Act of 1940 to particular business activities that may bring an entity within the statutory definition of investment company; litigation as to fees; policy considerations relating to front-end loads; SEC regulations regarding advertising and promotion; restrictions on activities by affiliates; and current SEC disclosure requirements. Applicability of the Investment Advisers Act of 1940 to activities of individuals and entities; procedures for compliance; First Amendment issues raised by SEC enforcement actions; and civil liability under the antifraud provisions of the securities laws. Recommended: prior or concurrent enrollment in Law 6250 and 6252. (Examination or research paper with permission of the instructor)

W. Davis, Waldman

Laws and regulations affecting derivatives trading, primarily financial futures and options markets. Jurisdiction of the Commodity Futures Trading Commission. Securities and commodities statutes and regulations; registration and regulation of commodity market participants; administrative and injunctive enforcement powers involving violations of the Commodity Exchange Act. Developments in self-regulation, and foreign market access. (Examination)

Cunningham, L. Fairfax, D. Mitchell, Esposito

Analysis of the nature and role of the business corporation in the U.S. and transnational political economy; evolution of the corporation and the political economy; impact of technological change; reasons for and consequences of the growth of large corporate enterprises; role of entrepreneurs in the political economy; relationship of corporations to government and other centers of power. (Research paper) (Select sections announced at registration-Skills/E)

Selected topics in corporate law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

 

Fairfax, Borden

Selected topics in corporate and securities law practice and theory to be announced at the time of registration. Enrollment is limited. Prerequisite: Law 6250. (Research paper)

Craver, Babson

Law governing labor-management relations, organizations and representation of employees, regulation of economic weapons, enforcement of collective bargaining agreements, inter-union and intra-union relations. (Examination)

Selected topics in securities law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

 

Selmi, N. Schoenbaum, Datz

Individual rights and obligations in employment; survey of common law and statutory regulation of the individual employment relationship from its inception to its termination; emphasis on current developments such as wrongful discharge, medical screening, employer-provided health insurance and child care, occupational safety and health, workers’ compensation, and retirement issues. (Examination or takehome examination)

Mackiewicz, Menasco, S. Silverman

Pre-ERISA benefit plans, the federal labor law governing those plans, and the conditions that led to the passage of ERISA and its effect on Taft–Hartley plans. Practical realities of collectively bargained benefit plans; preemption of state law and interplay of various federal laws; roles played by union and employer both in the context of individual bargaining of employee benefits and in the context of the employer and the union as trustee of a benefit plan; rights of participants and beneficiaries under the plan and under the collective bargaining agreement; rights and obligations of contributing employers; and termination and withdrawal issues, including plant shutdowns and bankruptcies. (Take-home examination)

Introduction to arrangements that improve access to credit for individuals, businesses, and governments. Traditional credit transactions, including signature loans and sales on general credit, loans supported by collateral, secured credit sales and floor plan financing, leases, consignments, and credit card transactions. More complex transactions involving the securitization of mortgages, credit card receivables, and automobile paper (structured finance), as well as loans supported by stock, bonds, and deposit accounts. The structure of transactions consistent with Article 8 and 9 of the Uniform Commercial Code and the benefits and risks inherent in these arrangements. (Examination)

Maggs

This course is a combination of the Secured Transactions (6280) and Commercial Paper—Payment Systems (6282) courses. Students may not earn credit for this course and either Secured Transactions (6280) or Commercial Paper—Payment Systems (6282). (Examination)

Classic view of negotiable instruments as codified by Article III of the Uniform Commercial Code. Check collection: the system in theory as expressed in Article IV of the Uniform Commercial Code and the system in practice; Federal Reserve regulations, Clearinghouse agreements, and automation systems. The dual banking system, work of the comptroller general and the Federal Reserve Board. Legal problems concerning interest and the checkless society. (Examination)

U.S. law affecting electronic commerce. Formation and terms of electronic contracts; voluntary compliance with regulations by e-merchants; mass marketing and consumer protection; payment on the Internet and cybercash; the jurisdiction of private parties to sue and of public authorities to regulate e-merchants; privacy; and intellectual property and taxation issues. (Examination)

Galston, Kearns, D. Levine

D. Levine Creditors’ remedies and debtors’ protections under state law: writs of attachment, garnishment and execution, acquisition of liens and forced sales of property, self-help arrangements, and security agreements. Bankruptcy under federal law: who may file, the creation and administration of the bankruptcy estate, powers of the trustee, discharge of debt; rehabilitation plans for individuals under Chapter 13. (Examination)

D. Mitchell, Baxter

Legal and financial aspects of business reorganization under Chapter 11 of the Bankruptcy Code. Topics include, but are not limited to, the rights of secured and unsecured creditors, automatic stay, treatment of executory contracts, avoidance of pre-bankruptcy transactions (e.g., fraudulent conveyances and preferences), alternatives to reorganization, and the financial restructuring of businesses in Chapter 11. Prerequisite: Law 6250. (Examination, or take-home examination and writing assignments)

Fair

Common law doctrines and Federal Trade Commission case law regarding truth in advertising, consumer privacy, and financial transactions. Statutes to be considered include the FTC Act, CAN-SPAM Act, Children's Online Privacy Protection Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Lanham Act, and state unfair or deceptive practices statutes. Comparison of regulatory and remedial techniques available through case law, general statutory provisions, and specifically targeted statutes; public and private enforcement mechanisms, including consumer class actions, competitor lawsuits, and alternative dispute resolution. (Examination)

Selected topics in banking law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited.

(Examination, take-home examination, research paper, or writing assignments)

Manns, Wilmarth, H. Lee, Petrasic

Federal regulation of the financial services industry, especially commercial banks. Includes an analysis of the Federal Deposit Insurance Corporation as insurer of deposits, receiver, and liquidator of troubled banks; the role of the Comptroller of the Currency as the primary federal regulator of national banks, including the chartering function, bank examinations, analysis of classified loans, capital adequacy, and enforcement of substantive federal legislation; operation of the Federal Reserve System under the Bank Holding Company Act and the various substantive regulations such as Reg. B (equal credit opportunity), Reg. J (check collection), Reg. M (consumer leasing), Reg. Q (deposit rate regulation), Reg. O (insider loan limits), Reg. E (electronic funds transfer), and Reg. Z (truth in lending); geographic deregulation and the trend toward interstate banking; and an analysis of financial services product deregulation and unification of the industry along functional lines. (Examination; research paper or take-home examination, at the instructor’s discretion)

Selected topics in banking law to be announced at the time of registration. Enrollment is limited. (Research paper)

Douglass

The maritime law applied in federal and state courts; admiralty jurisdiction and practice; litigation and arbitration; making uniform law by international convention. The U.S. law of seamen, shoreside workers, and personal injury and death in navigable waters; maritime liens and ship mortgages; carriage of goods by water; collisions at sea; salvage, general average, and limiting liability for private damage and environmental harms. (Examination)

Wyrsch

Nature, formation, financing, operation, and termination of general partnerships, limited partnerships, limited liability partnerships (LLPs), and limited liability companies (LLCs). Major agency law issues, including the nature of an agency relation, fiduciary rights and duties, and the potential contractual and tort liability of principals to third parties for the actions and inactions of their agents and independent contractors. (Examination)

Carter

Survey of sports regulation as it affects amateur and/or professional athletes. Topics include the NCAA regulatory structure; agent regulation; and legal representation of professional athletes in contract negotiation with sports franchises and in other contexts. (Research paper and class projects or examination)

Eule

Integrated study of corporate, tax, accounting, and securities law aspects of the following: choice and formation of a closely-held business entity; structure of equity and control of a corporate entity; providing for changes in stock ownership; providing for the mid-life of a corporation, including buy-outs and recapitalizations; and analysis formulation of planning for a corporate acquisition. Analysis of hypothetical problems and practical solutions and insights into the practice of the business lawyer. Prerequisite: Law 6250 and 6300. Law 6302 or equivalent is recommended. Enrollment is limited. (Problem assignments) (Skills/E)

Mayerson

General liability, product liability, property, business interruption, fidelity, and coverage of directors and officers. The duty of insurance companies to defend their insureds and to settle cases brought against them. Mass tort liabilities and other severe liability exposure. General principles of law applicable to property–casualty insurance, insurance regulation, insurance bad faith, and reinsurance. (Examination)

Taxation

K. Brown, Buchanan

Survey of substantive provisions of federal income tax law, including concept of gross income, provisions affecting taxation of family and individual transactions, limitations on allowable deductions, sales and dispositions of property, problems of capital gains taxation, nontaxable exchanges. (Examination)

K. Brown, Rizzi, Zarlenga

Continuation of Law 6300. Primary emphasis on corporate–shareholder relationships. Corporate dividends, redemptions of stock, stock dividends, bailouts, and dividends-in-kind. Federal income tax concerns involved in the formation of corporations, the sale of corporate businesses, mergers and acquisitions, and corporate divisions. Prerequisite: Law 6300. (Examination)

M. Sanders

Federal income tax consequences of operating businesses taxed as flow-through entities, including partnerships, limited liability companies, and S corporations. Allocation of partnership income and deductions among partners. Issues related to contributions to partnerships, distributions from partnerships, and acquisitions and dispositions of partnership interests. Overview of the taxation of S corporations. Prerequisite: Law 6300. (Examination)

Nudelman

Survey of substantive provisions of wealth transfer taxation reflecting the changing climate of federal taxation in the area of estate, gift, and income taxation, including transfers to trusts; individual, joint, and entity ownership of property; the consequences of powers of appointment or retained interest in gifted property; inter-spousal and intra-family transfers; and the application of credits and deductions to the tax picture. Prerequisite or concurrent registration: Law 6300. (Drafting assignments) (Skills/E)

K. Brown

Federal income tax law and policy regarding foreign persons with business and investment activities in the United States (“inbound foreign investment”). Topics include jurisdiction to tax, status as foreign or U.S. taxpayer, source of income and deduction apportionment rules, withholding taxes, tax treaties and anti-treaty-shopping rules, disposition of U.S. real property by foreign taxpayers, branch profits tax, and an introduction to foreign tax credit issues. This course also may cover foreign tax credit issues, anti-income deferral rules, tax havens, and special foreign earned income rules. Prerequisite: Law 6300 or permission of the instructor. (Examination)

Galston

Charities and other nonprofits as regulated by both federal and state laws. Tax status of nonprofits, fiduciary standards applicable to their officers and directors, liability laws for nonprofits and their volunteers, and enforcement questions. The lobbying and political activities of nonprofits, their commercial activities and the related charge of unfair competition, the extent to which nonprofits are subsidized, the justification for subsidizing them, and standing issues. Enrollment may be limited. (Examination or take-home examination at the instructor’s discretion; or research paper with the instructor’s permission)

Brunori

Taxation by state and local governments with particular emphasis on constitutional limitations, political and economic influences on policy, and the effects of globalization and technology. Legal and policy issues of sales and use, corporate income, property, and excise taxes. (Take-home examination or research paper with permission of the instructor)

Selected topics in tax policy law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Buchanan

Intensive study of selected aspects of the tax structure with primary attention given to the federal income tax. Problem areas are reviewed primarily from the standpoint of tax policy, including legal, economic, social, and practical considerations. Alternative solutions, including current legislative proposals, are examined. Enrollment is limited. Prerequisite: Law 6300. Recommended: Law 6302. (Research paper)

Property, Family Law, and Torts

Ginsberg

Basic course in conveyancing. Current problems in purchase and sale of residential real estate; legal and equitable rights, responsibilities, liabilities, and remedies of buyer, seller, broker, escrow agent, conveyancing attorney, title examiner, abstractor, and lender; interim and permanent mortgage finance, discounts, points, “subject-to” and “assumptions,” remedies on default, including foreclosure processes; process of examination and assurance of title and other interests in realty, including recording and title insurance systems; settlements and closings, warranties of title, encumbrances on title, and clearing of title; emerging problems related to cooperatives, condominiums, and property owners associations. (Examination)

Feola, Gordon, Silber

Problems, solutions, emerging concepts, and constitutionality of land use regulations, including zoning, subdivisions, historic preservation, exactions, vested rights, transfer of development rights, growth management, and urban and regional planning. (Writing assignments and take-home examination)

Ginsburg, Stuart

Types of lenders, choice of entity, construction loans, permanent financing; lenders’ obligations, remedies, and liabilities; title insurance, survey, and liens; ground lease and commercial lease/leasehold mortgage; joint ventures; alternate capital formation; opinion letters. (Examination)

Geno

Federal, state, and local laws that in effect constitute housing policy in the United States. Judicial interpretation of such laws. The roles the various levels of government play in the housing industry. Political and policy implications of various housing programs and how they affect communities across the country. (Research paper and writing assignments)

E. Brown

Selected topics in property and real estate law to be announced at the time of registration. Enrollment is limited. (Research paper)

Selected topics in property and real estate law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Cahn, Carter, W.E. Davis, Edmisten, R. Palmer

Noncommercial transfers of wealth at death or during life; essential elements and formalities for creation of trusts and execution of wills, revocation and alteration, grounds for contest, limits on property owner’s power to control, and intestate succession. Credit may not be earned for both Law 6342 and 6343. (Examination and problem assignments or drafting projects) (Carter-Skills/E)

Nudelman

Effective acquisition, management, and disposition of wealth by lifetime transactions and testamentary transfer. Emphasis on federal income, estate, gift, and generation-skipping transfer taxation. Problem assignments address probate avoidance, interspousal transfers, jointly owned assets, transfers to minors, irrevocable trusts, closely held family and business interests, post-mortem estate planning, retirement planning, and charitable giving. Enrollment is limited. Prerequisite: Law 6342. (Drafting assignments) (Skills/E)

Selected topics in family law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Cahn, Ross

Survey of family law, including statutory law of domestic relations and constitutional restraint on state regulation of the family. Topics include marriage, divorce (including child custody, property division, alimony, and child support), domestic violence, reproductive rights, and family privacy. The course draws on historical and interdisciplinary materials and involves discussion of public policy issues as well as current law. (Examination or examination and exercises)

Ross

The allocation of power and responsibility among parent, child, and state. Freedoms under the First Amendment, education, health care including procreation, child abuse and neglect, custody, adoption, and juvenile delinquency. Sociological/psychological perspectives on the parent–child relationship. Enrollment is limited. (Take-home examination)

Runge

Historical perspective on legal and public policy approaches to domestic violence; contemporary civil and criminal justice systems approaches to domestic violence; and analysis of relevant federal and state laws. (Research paper)

Marcus, Urofsky, Zvenyach

Opportunity to explore specific topics in depth with experts and leading scholars in the field. Selected topics will be announced at the time of registration, and enrollment is limited. This course is graded on a CR/NC basis and will meet 6-7 times per semester for two hours. (Writing assignments)

N. Schoenbaum, Suter

Historical and contemporary problems in the theory and practice of family law. Specific topics to be announced. Enrollment is limited. Prerequisite: Law 6348 or 6349 or with permission of the instructor. (Examination or research paper with permission of the instructor)

Cahn

Topics may include Medicare and Medicaid, financing health care, and related policy issues; health care decision making, including informed consent and advance health care directives; issues related to the right to die, including euthanasia and doctor-assisted suicide; long-term health care issues, including nursing homes and other alternatives, insurance, monitoring, and quality of services; guardianships and other procedures in the event of age-related disabilities; social security and supplemental security income; housing issues, including tax incentives, retirement communities, and continuing care facilities. (Exercises and examination)

Schechter

Theory and practice of product liability litigation. Compensatory and punitive damages; competing strategies pursued by plaintiffs and defendants. Affirmative defenses and defense strategies. Failure-to-warn and defective design cases. Discovery techniques. Settlement strategy and mediation of product liability cases. Class actions and multidistrict litigation involving defective products. Differences between U.S. product liability litigation and other countries’ systems. (Examination or research paper, with permission of the instructor)

Criminal Law and Procedure

Cheh, Kerr, C. Lee, Lerner, Saltzburg

Comprehensive presentation of major issues in criminal process, with emphasis on Supreme Court cases interpreting the Constitution. The course proceeds through the criminal justice system, from first police contact, search interrogation, and other investigation, through the prosecution, preliminary proceedings, and trial. Problems of federalism, the exclusionary rule, and sentencing. (Examination)

R. Fairfax, C. Lee, Hauch

Constitutional and statutory regulation of the criminal adjudication process. How the Constitution and the Federal Rules of Criminal Procedure govern various stages of the criminal process. Bail and detention pending trial; the prosecutor’s decision to charge; grand jury procedures; right to a speedy trial, to a jury trial, other trial rights; discovery; plea bargaining; double jeopardy; sentencing; appeals; and collateral remedies. (Examination) (R. Fairfax-Skills/E)

Creighton, Goelman, Hoffinger, Wheatley

Exploration of the responsibilities and powers of the federal prosecutor. The effect of legal, ethical, policy, and practical considerations on the prosecutor’s decision making throughout various stages of the criminal justice system. The potentially competing interests of federal, state, and foreign jurisdictions in investigation and prosecution of criminal activity. Enrollment is limited and includes students from other area law schools. (Take-home examination or research paper)

Eliason

Definition, investigation, prosecution, defense, and punishment of federal white collar crime and the characteristics and issues that distinguish white collar crime from other kinds of criminal activity. Examination of the primary federal white collar offenses, including mail and wire fraud, conspiracy, bribery, perjury, obstruction of justice, money laundering, and RICO. Federal grand jury investigations, corporate criminal liability, plea bargaining and immunity, and sentencing under the federal sentencing guidelines. (Examination)

C. Smith

Legal, evidentiary, and procedural challenges presented in the prosecution of criminal tax cases. Selected topics may include U.S. Code Title 26; Bank Secrecy Act of 1986; Title III of the USA PATRIOT Act; provisions of the Sarbanes–Oxley Corporate Fraud and Accountability Act of 2002; and Title 18, including sections 371 (Conspiracy), 1956 (money laundering), and 641  (theft of government property relating to identity theft). Practices and procedures of the Internal Revenue Service and the Tax Division of the Department of Justice; the protections of the Fourth and Fifth Amendments; federal grand jury practice; foreign evidence compulsion procedures; motions practice; identity theft; terrorism financing cases; and parallel criminal and civil tax proceedings. (Take-home examination)

Kerr

The legal issues that judges, legislators, and prosecutors confront in response to computer-related crime. How computer crimes challenge traditional approaches to the prohibition, investigation, and prosecution of criminal activity. Topics include computer hacking, computer viruses, Internet gambling, encryption, online undercover operations, the Fourth Amendment in cyberspace, the law of Internet surveillance, laws governing access to e-mail, and federal–state relations and international cooperation in the enforcement of computer crime laws. (Examination)

Melson, Starrs

Designed to acquaint the student with the operations of a modern crime laboratory and the courtroom acceptability of testimony of forensic scientists and other evidence on laboratory test results. Identification of individuals (fingerprints, palmprints, footprints, voiceprints, anthropological reconstruction, hair identification, and serology), identification of objects (ballistics, handwriting, typewriting, fiber identification, paints, varnishes, glass, wood, and paper), toxicology, pathology, forensic use of the microscope and the camera, the coroner and the medical examiner systems, and drug law enforcement. Crime laboratory guest lecturers. (Examination or research paper with permission of the instructor)

Meyers

A study of federal and state laws controlling illicit drugs, including the historical evolution of these laws, current offenses and penalties, constitutional limits on the criminal sanction, enforcement practices, and sentencing considerations. Alternative models for controlling drugs, including decriminalization and legalization also will be studied. Several class sessions will be devoted to mock criminal trials where students conduct direct and cross-examination of guest expert witnesses in the field. Students are graded on the basis of their involvement as advocates in the mock hearings or on the basis of research papers submitted to the instructor on a topic involving drugs and the law.  (Skills or research paper)

Federal sentencing law and policy, with an emphasis on recent Supreme Court decisions. Purposes of punishment, guideline and non-guideline sentencing, judicial and prosecutorial discretion, plea bargaining, constitutional limitations, business crime, white collar versus violent crime, and alternative sanctions. (Research paper)

Turley

Open to second- and third-year students. A clinical project concerned with the legal status of older prisoners (55 years or older). The project works for the release of high-cost, low-risk prisoners into stable environments. Students work on either individual cases or research. Case workers interview prisoners to evaluate and prepare cases for pardon, parole, or possible habeas appeals. Research projects will cover subjects ranging from overcrowding to health care to risk assessment. Some legislative work also is possible. Students may enroll concurrently in this course and

Law 6633 only with permission of both instructors. This course is graded on a CR/ NC basis. (Skills/E)

Selected topics in criminal law and procedure to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Braman, Cheh, R. Fairfax, Canan, Enzinna, George, Maher

Selected topics in criminal law and procedure to be announced at the time of registration. Enrollment is limited. (Research paper) (Select selections announced at registration-Skills/E)

Constitutional Law and Civil Rights

Bracey, Cheh, Colby, Ross, P. Smith

Individual rights and liberties in the U.S. constitutional scheme and the different judicial methods of reconciling majoritarian governance with individual freedom. Privileges and immunities of national citizenship, due process of law, equal protection guarantees, freedom of expression and of religion, rights of privacy and association. (Examination or take-home examination at the instructor’s discretion)

Nunziato

 

The rights of expression, association, and religious freedom recognized by the First Amendment to the U.S. Constitution. Categories of unprotected expression (e.g., obscenity) and less-protected expression (e.g., commercial speech). Issues of time/ place/manner regulation, speech in public fora, and regulation of political campaigns. Constitutional burdens and benefits unique to religion. Material includes Supreme Court decisions and secondary literature on these subjects. (Examination)

Peterson

An examination of the law that governs the interrelations of the three branches of the federal government. Topics include the constitutional history of our governmental structure, the immunities of members of Congress and of executive officers, impeachment, congressional power over federal jurisdiction, executive orders and the limits of presidential “lawmaking,” presidential and legislative vetoes, executive privilege, executive and congressional oversight of policy through supervision of the bureaucracy, controls on spending including impoundment, limits on presidential discretion to enforce the laws (e.g., special prosecutors), Congress’s and the president’s roles in foreign affairs (executive agreements, claims settlements, treaty powers), and congressional and presidential war powers. Emphasis will be placed on the role of the lawyer as government adviser, a role performed by many attorneys at all levels of government. (Examination)

McCrary, Pershing

Cases and materials on the right to vote in the United States. Major decisions on apportionment, political participation, and race as an issue in representation. Emphasis on the Voting Rights Act of 1965, including minority vote dilution litigation under Section 2, federal review of voting procedures under Section 5, and recent constitutional challenges to voting rights remedies. Other topics include partisan gerrymandering, the initiative and referendum processes, alternative election systems, the changing law of redistricting, the impact of shifts in census policy, and the litigation over the 2000 presidential election. (Examination or take-home examination at the instructor’s discretion)

Examination of federal legislation protecting individual rights and liberties as well as the administrative and judicial implementation of that legislation. Remedial provisions for the enforcement of federal constitutional and statutory rights (e.g., 42 U.S.C. §§1983, 1985) and federal statutes prohibiting discrimination in housing, contractual relations, voting, education, and federally funded programs. Prerequisite: Law 6380 or 6878. (Examination or take-home examination)

Barber

Examination of legal issues concerning institutions of higher education, including intellectual property, labor relations, privacy, affirmative action, and land use. Governance structures of public and private institutions, and the relationship between the institution and faculty, staff, students, the community, and federally funded programs. Prerequisite: Law 6380. (Examination or take-home examination)

Craver, F. Morris

Federal laws and executive orders relating to various types of discrimination in employment, including Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the Rehabilitation Act, the Americans with Disabilities Act, the Civil Rights Act of 1866, the Fourteenth Amendment, the National Labor Relations Act, and Executive Orders 11,246 and 11,375 relating to government contractors; substantive rights, exemptions, and burdens of proof under the various laws and regulations. (Examination)

An examination of the treatment of women in all areas of the law and legal remedies for sex discrimination. Emphasis on constitutional law, family law, and discrimination in employment. Enrollment limited to 30 students. (Examination or research paper)

Tuttle

Primary focus on the Religion Clauses of the First Amendment. Individual and institutional claims of religious liberty, including the constitutional status of legislative or judicial accommodations, exemptions for religiously motivated conduct, and the definition of particular acts and institutions as “religious.” Government funding of religious institutions and activities, including current controversies about aid to faith-based social welfare providers, indirect funding of religious education, and extraterritorial funding of religious institutions (such as moderate Islamic schools). Government expression or endorsement of religious messages, including religious exercises and instruction in public schools, public displays of religious images, and private religious speech on public property. (Examination or take-home examination)

Schaffner

Examination of the relationship between sexuality and the law, focusing primarily on the treatment of lesbians, gay men, bisexuals, and transgendered persons in the areas of constitutional law, criminal law, and employment law. Topics include how the legal system regulates and affects lesbian, gay, bisexual, and transgender relationships and sexual behaviors; open expressions of lesbian, gay, bisexual, and transgender identity; workplace effects; and issues in public school settings, such as Title Ix discrimination, sexual harassment, and free speech. (Examination)

Colby, Turley

Analysis of selected pending Supreme Court cases. Role playing as Supreme Court Justices, students read briefs and related materials (such as lower court decisions and controlling cases), discuss the cases in class, and then draft opinions. The course also will examine the institutional structures and practices of the Supreme Court. (Writing assignments) (Skills/E)

Alexander

Basic legal principles that govern the relationship between American Indian tribes, the federal government, and the state governments. Focus on jurisdictional disputes between those governments, the source and scope of Indian sovereignty, and recognition and enforcement of Indian land and treaty rights. (Take-home examination or research paper with permission of the instructor)

Consideration of the law that governs electoral processes. Topics include constitutional and statutory protection of voting rights, the legal status of political parties, the relationship between race and representation, judicial control of legislative apportionment and elections, and regulation of campaign finance. (Examination)

Maggs, Mach, Nunziato, Thomas

Selected topics in constitutional law to be announced at the time of registration. Enrollment is limited. (Research paper)

Selected topics in constitutional law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Administrative Law and Government Regulation

Banzhaf, Bignami, Glicksman, Hammond, Pierce, Siegel, Gavoor

Study of the administrative processes of government in executive and independent agencies. The federal Administrative Procedure Act is emphasized, with particular attention to adjudication, rulemaking, judicial review, investigatory powers, and enforcement. Study may include comparative state administrative law. Constitutional topics include separation of powers and due process. (Examination)

Kovacic, Pierce, Longwell

Federal antitrust law and policy under the Sherman, Clayton, and FTC Acts; basic economic theory of free-market operation; the Rule of Reason and per se offenses; price fixing, market division, and boycotts; trade association activities; monopolization and attempts to monopolize; mergers and joint ventures; resale price maintenance and other vertical restraints; exclusive dealing and tie-in agreements; selected exemptions from antitrust liability. (Examination)

Kovacic 

Procedural and substantive overview of merger enforcement and analysis. Enforcement by federal authorities in the United States and merger procedures and standards in other jurisdictions, including the European Union. Appropriate welfare standard for merger analysis; the role of various types of evidence in examining mergers, including econometric and customer evidences; biases inherent in the institutional design of federal merger review; remedies; the effect of overlapping merger reviews by antitrust and industry-specific regulatory agencies; and comparisons of the U.S. merger review system with those used elsewhere. Prerequisite: Law 6402 or permission of the instructor. (Research paper)

Selected topics in advanced antitrust law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Reiter

Substantive problems of business regulation in terms of natural monopolies, licensed industries, health safety, and rate regulation. Typical problems raised include the impact of regulation upon management and market behavior, the uses of economic evidence, and the effects of judicial and legislative review. (Examination)

Adams, Safir

Regulation of foods, drugs, and medical devices under the federal Food, Drug, and Cosmetic Act. Historical development of the law and how it is interpreted and enforced by the Food and Drug Administration and the courts. Statutory interpretation, administrative law, judicial enforcement, and the underlying roles of politics and science. (Examination)

Selected topics in health care law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Rosenbaum

Survey of the history, structure, and operation of the health care delivery system and related legal and policy issues. Emphasis on public and private health care financing, antitrust, fraud and abuse, managed care, tort liability of medical professionals and institutions, tort reform, and definition and regulation of the quality of health care. Concepts and terms of health care delivery, particularly the design, finance, and administration of current and proposed arrangements. (Take-home examination)

Rosenbaum, Teitelbaum, Kahan, Kaplen, Leibenluft, Lynch

Selected topics in health care law to be announced at the time of registration. Enrollment is limited. (Research paper)

Study of the text, historical origin, and theoretical foundation of the Press Clause and of the role played by the mass media in modern society. Examination of the common law and constitutional protection accorded mass media publishing in areas such as libel law, the law of privacy, and liability for physical, emotional, or economic harm. The legal status of newsgathering, including  Journalist’s privilege and access to information possessed by government. Problems of reconciling freedom of the press with guarantee of a fair trial. Government regulation of commercial speech, including advertising and promotion. Prior or concurrent enrollment in Law 6380 is recommended. (Examination)

Nunziato

Limited to third-year members of the student staff of the Federal Communications Law Journal. Second-year students must have enrolled in Law 6657 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 6657 in the second year and satisfactory completion of all journal work in the third year is required to receive credit for this course.

Legal and regulatory treatment of communications services and service providers, including telephone companies, cable operators, broadcast stations, wireless carriers, satellite providers, and new IP-based and next-generation networks. Regulatory challenges created by the delivery of content and services over multiple platforms employing different technologies. Rules, policies, and processes of the Federal Communications Commission (FCC) and the statutory and judicial constraints on the FCC’s authority to regulate existing and developing business models. (Takehome examination)

Schwartz

Legislative process and the construction and legal effect of statutes. Topics that may be considered include representational structures, lobbying, judicial review, direct democracy, legislative fact-finding and drafting, and the preparation and significance of legislative history. This course is a prerequisite to several advanced public law courses. (Examination)

Craighill, Strokoff

Instruction in the basic skills necessary for translating the specifications of the policymaker into legislation. Topics include determining policy objectives and an appropriate legislative scheme for their achievement; an overview of the legislative process; typical provisions in legislation; organizational issues in drafting; and the structural component of legislation. Enrollment is limited. (Take-home examination and drafting assignments) (Skills/E)

 

McGinley

>The history, structure, application, and constitutionality of campaign finance laws. Topics include disclosure, regulation of corporations and unions, contribution limits, the role of issue advocacy in election campaigns, political party activities, public funding of campaigns, the role of the Federal Election Committee (FEC), criminal enforcement of finance laws, and campaign finance reform. Focus on the Federal Election Campaign Act of 1971 and the Bipartisan Campaign Reform Act of 2002.(Take-home examination or research paper with permission of the instructor)

Leon

Congressional powers to conduct oversight and investigations of the executive branch. Topics include the scope of congressional inquiries and investigations; subpoena, grant-of-immunity, hearing, and rule-making powers; the use of select committees, the Government Accounting Office, and other special investigative techniques; pre-hearing depositions; the rights and preparations of witnesses; the role of the press; and the interaction between Congress and prosecutorial functions, including investigations conducted pursuant to the Independent Counsel Statute. (Writing assignments)

Eskin, Farah, Walls

The role of the lawyer in business–government relations. Topics include an overview of government policymaking processes; how lawyers participate in influencing government decisions; the various types of lobbying (grassroots, direct, etc.); ethics and lobbying; lobbying regulatory agencies; and attorney–media relations. (Examination or examination and writing assignments)

Thompson

Survey of the legal authority of city, county, and special-district local government units. Topics include the relationship of municipal governments with state and federal agencies; recent U.S. Supreme Court decisions affecting local governments; organizational structure and internal decision-making processes in metropolitan and other municipal-level governments; procedures for changing the form and function of local governments (e.g., annexation); local legislative and administrative authority and processes (e.g., municipal police powers); municipal finance; responsibility in tort and insurance issues; community and regional land use planning; and joint power agreements and intergovernmental compacts. (Research paper)

W. Greene, Ridgway

Because of its isolation from judicial review for more than 20 years, the uniquely pro-claimant veterans benefits system has procedures with no direct analogies to other legal areas and has different approaches to familiar legal issues. The history and politics of veterans' benefits. The system’s ideals and the burden of processing more than one million claims per year. (Take-home examination)

Crystal, Perry

Survey of the treatment of animals in state, federal, and international law. Topics include the historical status of animals; federal statutes such as the Animal Welfare Act, the Endangered Species Act, and the Marine Mammal Protection Act; international conventions, free trade, and comparative animal protection laws; state laws concerning animal cruelty, hunting, animal fighting, and performing animals; free speech, religion, and other constitutional issues; litigation in state and federal courts; citizen initiatives and referenda; and the movement to obtain legal recognition of the rights of animals. (Research paper)

N. Schoenbaum, Overton, Selmi, Goodfriend

Selected topics in public law to be announced at the time of registration. Enrollment is limited. (Research paper)

Selmi

Selected topics in public law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited.(Examination, take-home examination, research paper, or writing assignments)

Blauhut

This course will focus on appellate advocacy before the U.S. Court of Appeals for Veterans Claims (CAVC). Understanding the rules that govern the Department of Veterans Affairs (VA) and the agency appeals process is integral to advocacy before the CAVC, so the course will provide an overview of the agency as well. In addition to any field placement, throughout the semester students will review a case file and decision of the Board of Veterans’ Appeals, identify issues, and draft documents and pleadings related to CAVC representation. (Writing assignments) (E-This is a co-requisite course and will qualify as an experiential "E" course, when paired with a field placement (Law 6668))

Environmental and Energy Law

Glicksman, Hammond

Federal environmental law in the U.S. is heavily statutory in nature. This course explores the policy justifications for and common law roots of environmental law. It also covers aspects of constitutional and administrative law of particular importance to U.S. environmental law. The bulk of the course involves an introduction to the major federal environmental statutes, including those involving environmental assessment, endangered species protection, air and water pollution, and hazardous waste management and liability. Coverage of each statute will include assessment of goals and regulatory strategies for achieving them, and also entail close reading of statutory text. The course also covers alternatives to traditional regulatory approaches, emphasizing market-based approaches to environmental protection.  (Examination or take-home examination)

Gelatt, Liebesman

In-depth study of the complex body of laws that protect or regulate wildlife, including laws that protect ecosystems and the habitats in which wild animals live. The course addresses more than two dozen wildlife-specific federal laws and their accompanying regulations, similarly intricate state law schemes, federal and state civil and criminal enforcement, constitutional and tribal issues that arise in wildlife cases, and a vivid common law history that stretches across several centuries. (Examination)

Glicksman

An in-depth analysis of the Clean Air Act. Topics include the history of air pollution control, air quality planning, standard setting, technology-based controls, incineration, indoor air pollution, permitting, and control of electrical utilities. (Examination or take-home examination)

Downing

Introduction to water pollution control and the Clean Water Act, with emphasis on water quality requirements and policies affecting industrial, municipal, and agricultural/development interests. Related federal laws and policies involving wetlands, watersheds, coastal pollution, oil spills, groundwater, and safe drinking water. (Examination)

Di Leva, Petsonk

Overview of the major environmental treaties and other legal and institutional frameworks at the intersection of international trade issues and sustainable development efforts. Examination of the frequently conflicting views of judicial and quasi-judicial bodies, policymakers, and issue advocates. Emphasis on developing the theoretical bases and practical skills to address issues of trade and sustainable development that arise in governmental, private sector, and NGO practice, and effective legal strategies for addressing those issues on behalf of a wide range of clients. (Research paper)

Wood

Federal statutory and constitutional law governing the development, regulation, and protection of the waters of the United States, including wetlands. Focus on federal and state regulation and protection of wetlands and other aquatic resources, with special emphasis on Clean Water Act Section 404. Other topics include the evolution of federal authority over the navigable waters of the United States; legal issues involved in the planning, construction, and operation of federal water resource development projects by federal and state agencies (i.e., for navigation, flood control, hydropower, water supply, etc.); the federal navigation servitude; the Coastal Zone Management Act; the Marine Protection, Research, and Sanctuaries Act (i.e., the “Ocean Dumping Act”); the London Dumping Convention; and “regulatory takings.” (Examination)

Hammond

Survey of the law and regulation of energy production, distribution, and use. Topics include fuel production, electricity and natural gas utility regulation, nuclear and hydroelectric facility regulation, renewable energy, energy efficiency, and energy tax policy and financial incentives. Legislation and regulations developed in response to climate change concerns. (Take-home examination and class participation, or writing assignments and class participation, or examination and class participation)

Legal and policy issues at the intersection of energy and environmental law. Petroleum consumption, energy efficiency, clean air, renewable energy, nuclear energy, facility siting, and project finance. (Class presentation and research paper)

Glicksman, Finken

Introduction to federal public lands (BLM lands, national forests, national parks, and national wildlife refuges) and the legal issues related to their multiple resource uses—forestry, mining, water, recreation, wildlife, endangered species, and wilderness. Principles of federal and state authority over these lands. Administrative law and practice governing land-management agency decision making and litigation challenging such decisions. Focus on topical case studies, statutory materials, and case law. (Take-home examination)

Attanasio, Dobriansky, Sheridan, Yaffe

Selected topics in energy law to be announced at the time of registration. May be repeated for credit provided the topic differs. Enrollment is limited. (Research paper)

Boxerman, Mounteer 

Principal federal statutes governing the management and cleanup of hazardous substances and waste. Site and remedy selection processes, liability regime, and government and private enforcement rights under the Superfund statute. Rules for identifying industrial and commercial waste as hazardous; treatment, storage, and disposal standards; regulation of recycling; and operation of underground storage tanks. (Take-home examination)

Hammond, Nussdorf

Overview of oil and gas law, from its traditional roots in the common law of property and contract to more recent developments in administrative law and regulations. Topics include ownership and the rule of capture, correlative rights, geophysical trespass, leasing and implied covenants, royalties, land use regulation and compulsory pooling, oil production limits and cartels, environmental regulations, oil spill investigation, offshore drilling, and hydraulic fracturing. (Examination)

Glicksman

Government regulation of the production and use of toxic substances and the management of hazardous waste. The basic analytical processes of risk assessment and risk management; common law approaches to reducing risks from management of toxic substances; and precautionary legislation. Emphasis on federal legislation, including the Toxic Substances Control Act; the Federal Insecticide, Fungicide, and Rodenticide Act; the Safe Drinking Water Act; provisions of the Federal Food, Drug, and Cosmetic Act; the Resource Conservation and Recovery Act; and selected aspects of the Comprehensive Environmental Response, Compensation, and Liability Act. (Take-home examination)

Hicks

The use of common law and statutory remedies to compensate those experiencing personal injuries or economic harm caused by exposure to toxic products or toxins in the environment. Topics covered include novel and emerging theories of recovery (e.g., medical monitoring), class actions/mass torts, preemption, and methods of proving scientific causation. (Research paper or take-home examination)

Borro

Analysis of the legal framework governing environmental law compliance at federal facilities. Review of a wide range of environmental, fiscal, and other laws that uniquely regulate federal installations and operations. Topics include the National Environmental Policy Act, statutes governing management and conservation of federal property, expenditure of federal funds, public involvement in federal environmental decision making, federal–state sovereignty issues, federal agency litigation, and professional responsibility issues. Prerequisite or concurrent enrollment: Law 6430, 6432, 6434, or 6442. (Problem assignments or examination) (Skills/E)

Mounteer

Focus on applied environmental law. Emphasis on environmental compliance counseling, identifying environmental issues in business and real estate transactions, and drafting techniques to avoid environmental problems. Topics include environmental audits, securities disclosure issues, green advertising, criminal liability for officers, environmental liability for purchase of stock and corporate assets, lender liability, and partnership liability. Prerequisite: any environmental law course. (Takehome examination)

Orellana, Pendergrass

The treaty negotiation process, role of international institutions in developing and implementing environmental agreements, relationship between environmental law and international issues, developing countries’ perspectives on environmental issues, and social and cultural changes that affect the implementation of environmental law. Issues covered include climate change, export of hazardous waste, deforestation and biodiversity, Antarctica, and environmental concerns in war, human rights, and development financing. (Examination)

Freestone

Analysis of the legal regimes created by the United Nations Framework Convention on Climate Change (UNFCCC) and by the Kyoto Protocol. Carbon finance and trading mechanisms created by Kyoto and national and regional schemes to assist parties to the treaty in meeting their obligations. Forest carbon sequestration schemes, structure and legal aspects of carbon finance transactions, and the drafting of carbon agreements. Proposals for federal legislation and emerging state and voluntary carbon credit schemes in the United States. Potential conflicts with WTO law and proposals for a successor regime to Kyoto post–2012. (Take-home examination)

Benfield, Schilling

Focus on the emerging field of smart growth—regional development that takes into account economic, environmental, and social considerations.  Factors influencing sprawl; urban trends in the U.S. and abroad; and new legal and interdisciplinary approaches to promote comprehensive planning, urban redevelopment, and regional competitiveness. (Research paper)

Juni

Negotiation and alternative dispute resolution theories and processes, focusing on complex environmental disputes and transactions involving multiple parties and scientific or technical issues. Students participate in negotiation and mediation exercises both in and outside of class, using diagnostic and other tools useful for pre-negotiation preparation, mid-negotiation analysis, and post-negotiation evaluation of proposed agreements or deadlock. Prerequisite: completion of at least 6 credits of environmental law courses or permission of the instructor. Credit may not be earned for both Law 6458 and 6648. (Simulation and short papers) (Skills/E)

Abernathy, L. Brown

The evolution of the Atomic Energy Act, the regulatory structure for non-military nuclear materials, federal and state law related to nuclear waste; waste transportation; the contrasting stories of two deep geologic permanent waste repositories (Waste Isolation Pilot Plant [WIPP] and Yucca Mountain); the dilemma posed by nuclear wastes having no disposal pathway; the law and policies to avert nuclear terrorism; and compensation when the unexpected happens. (Class presentation and research paper)

Attanasio, McCoy, Paddock

Students conduct in-depth law and policy development work on behalf of environmental or energy nonprofit organizations or government agencies, working closely with the client organization or agency to research one, or perhaps two, substantial policy issues during the semester. The research is expected to lead to rule comments, a white paper, policy recommendations, draft legislation, revised organization procedures, or other similar policy outcomes. Students regularly meet with faculty supervisors to discuss project developments. Corequisite: Law 6469. Students are evaluated with a letter grade based on the written work product for the client organization or agency. Enrollment is limited. (Skills)

Selected topics in environmental law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Dighe

Focus on crimes under various federal environmental statutes, including the interplay of statutory and regulatory provisions that define such crimes, development of investigations and prosecutions, the rationale for criminal sanctions for certain environmental violations, and salient policies and issues associated with environmental crimes. Prior experience with environmental law from either an academic or practical perspective is recommended. (Examination)

Turley

Focus on litigation and legislative projects relating to environmental crime. Students work on federal or state legislation to enhance both the existing environmental criminal laws and the resources available for their enforcement. Students also work with the instructor on developing environmental criminal cases around the country. Prerequisite: Law 6430. The instructor’s approval is required for enrollment. Students may enroll concurrently in this course and Law 6668 only with permission of both instructors. This course is graded on a CR/NC basis. (Writing and project assignments) (Skills)

Fulton, Malyshev, S. Johnson, Waldman, Wolfson

Waldman, Wolfson Selected topics in environmental law to be announced at the time of registration. May be repeated for credit provided the topic differs. Enrollment is limited. (Research paper)

Turley

Open to second-, third-, and fourth-year students with permission of the instructor. Legislative research and drafting projects related to environmental issues. Students work under supervision of the instructor in conjunction with federal and state legislators and committees to draft specific bills or background papers for congressional committees or state bodies. Enrollment is limited. A grade of H, P, LP, or NC is given for this course. Prerequisite or concurrent registration: Law 6430. Students may enroll concurrently in this course and Law 6668 only with permission of both instructors. (Skills)

Paddock

The student works on a project in the environmental law field under the supervision of both the faculty director of the program and a lawyer practicing environmental law. The project may involve working with a government agency, a congressional committee, a private practitioner, or a nonprofit public-interest environmental organization. Admission to the course is limited to LL.M. students with permission of the environmental law program director. Students may earn no more than a total of 4 credit hours for this course. This course is graded on a CR/NC basis. Five hours of work per week are required for each credit.

McCoy, Paddock

The role of the lawyer in representing government agencies and nonprofit organizations in the fields of environmental and energy law, with specific emphasis on public policy formation and interactions with regulated entities and the public. Environmental regulation, advanced environmental legal research, ethical concerns related to the practice of public interest law, client counseling and negotiations skills, the art of commenting on regulations and legislative drafting, the role of state and local governments in environmental protection, and the basics of environmental transactions. This course is corequisite for students enrolled in Law 6668 who have an environmental placement, as determined by the assistant dean for field placement; it also is corequisite for students enrolled in 6460. (Writing assignments) (E-This is a co-requisite course and will qualify as an experiential "E" course, when paired with a field placement (Law 6668))

Intellectual Property Law

Karshtedt

Survey of the different legal mechanisms for protecting intellectual property, including patent, trademark, copyright, and related state–law doctrines. This course is intended for students who desire a general exposure to intellectual property law but who do not plan to specialize in the field; taking this course as a foundation for more specific intellectual property courses is not recommended. Credit may not be earned for both Law 6470 and 6472 if 6472 is taken with Schechter. Not for credit toward an LL.M. in intellectual property law. (Examination)

Abramowicz, Karshtedt, Whealan, Rader

An overview of patent law designed for students without a patent background, including those without a technical background. Analysis of the goals and costs of the patent law system. Topics include patentability requirements, infringement, remedies, patent prosecution issues, and patent transactions. (Examination)

Brauneis, Schechter

Historical background and general survey; how copyright is secured and maintained; subject matter of copyright; scope of protection; duration, renewal, and termination of transfers; jurisdiction and remedies; contracts and combinations, including compulsory licenses and performing rights societies; other doctrines neighboring on copyright; international aspects of copyright, including the Berne convention and other treaties on copyright and related subjects. Credit may not be earned for both Law 6472 and 6470 if 6472 is taken with Schechter. (Examination)

Tepp

Survey of international law of copyright, including the application of key international law principles such as territoriality, national treatment and reciprocity, jurisdiction and venue, choice of law, and rule of the shorter term in copyright case law. Explores the key international instruments for the protection of copyright and related rights, and the implementation of key substantive issues in the U.S. and in foreign jurisdictions. Surveys developments in international trade-related copyright norm-setting and unilateral, bilateral, regional, and multilateral copyright norm-setting and enforcement issues. (Examination)

Brauneis, Schechter

Consideration of how trademark rights are acquired at common law and under the Lanham Act; permissible and impermissible types of marks and the problem of “genericness”; protection of trade dress; trademark infringement and dilution; permissible uses of other firms’ marks; trademark licensing and remedies; the right of publicity; and competitor and consumer remedies for false advertising under the Lanham Act and state statutes. When offered for 3 credits the course also addresses interference with contractual relationships and prospective economic advantage; the misappropriation doctrine; theft of business ideas and trade secrets; and prohibitions against unfair and deceptive practices under the Federal Trade Commission Act. (Examination or take-home examination)

Rosenthal

Overview of legal problems in film, theater, television, music, and publishing industries. Topics include the role of agents and managers, contractual provisions in different entertainment industries, protection for ideas and stories, right of publicity, and advanced copyright issues. Prerequisite: Law 6472 or permission of the instructor. (Examination and negotiation and drafting exercises)

Doody, Toering

Patent practice and issues, with emphasis on strategic considerations. Focus on claim craftsmanship and consequences. Prerequisite: Law 6471 or permission of the instructor. (Examination)

Whealan

The unique role of the U.S. Court of Appeals for the Federal Circuit as the only national court of appeals organized on the basis of subject matter rather than geography. Topics include the creation of the Federal Circuit and an overview of its varied jurisdictions (e.g., government contracts, constitutional takings, and international trade). Emphasis on the contributions of the Federal Circuit to patent law, and in particular its administration of eligibility, bars, “nonobviousness,” equivalents, and other modern patent law problems. Comparative study of the patent jurisprudence of the Federal Circuit and other nations’ courts. (Examination)

Kacedon

Legal and business issues in the licensing of patents and other forms of intellectual property. Drafting of license agreements and the relationship between licensing of intellectual property and competition laws, including comparative regulations in Europe and Asia. License agreements involving governments and universities; tax and bankruptcy considerations; and multimedia licensing. (Examination and drafting exercises) (Skills/E)

Adelman, Straus

Public policy and practice considerations relating to patenting biotechnology and chemical inventions with in-depth treatment of unique practice areas. (Examination)

Katz, Mottley

In-depth study of the three major areas used in design law: copyright, trade dress, and design patent. Focusing exclusively on protecting product design (i.e., the appearance of a product), topics for each area include protectable subject matter, how protection attaches, infringement standards, damages, and the like. Strengths and weaknesses of the three areas and prominent unresolved issues. Consideration of interdisciplinary issues, such as the doctrine of functionality as a disqualifier for design protection, the right to copy doctrine, and proposed legislation to adopt a sui generis design registration system in the United States. No technical background is necessary. (Examination)

Hopenfeld, Maurer, McKelvie, R. Rainey, Underhill, West

Patent litigation for those who may wish to specialize in general litigation with occasional handling of patent cases, as well as for those interested in a patent solicitation career. Focuses on an understanding of policy and practice considerations in the enforcement of patents. (Examination or take-home examination at the instructor’s discretion)

Dunner

Comprehensive study of the U.S. Court of Appeals for the Federal Circuit and its jurisdiction over patent cases from the perspective of an appellate practitioner. Litigation strategies and the process of guiding a client through an appeal. (Examination)

Stern

Intellectual property rights in computer software and in cyberspace. Public policy issues relating to software and computer-related inventions and works; patent vs. copyright vs. sui generis protection debate. Patent or copyright background and some knowledge of computer technology is helpful. In even-numbered years focus is on copyright; in odd-numbered years focus is on patents. (Research paper)

Survey of theoretical and practical aspects of legal issues concerning cyberspace, including First Amendment free speech rights, commerce, computer crime, privacy, political participation, and jurisdiction. Computer background is not a prerequisite. (Examination)

Solove

Information privacy law, including the development of constitutional, tort, contract, property, and statutory law to address emerging threats to privacy. Privacy and the media, privacy and law enforcement, workplace privacy, privacy and online transactions, medical and genetic privacy, and privacy and personal records and information. (Examination or take-home examination)

Fries

Legal and policy implications at the intersection of art and the law, including intellectual property, First Amendment, and international law issues. Legal relationships between artists, dealers, auction houses, collectors, and museums. The international framework for the trade and protection of cultural property and heritage. Prior course work in intellectual property law and international law is recommended. (Research paper)

Essex, McKeon  

In-depth examination of the U.S. International Trade Commission (ITC). The full scope of the ITC’s unique jurisdiction, with primary focus on its role with respect to the adjudication and enforcement of intellectual property rights. The enactment of Section 337 of the Tariff Act of 1930 and important amendments that enable the ITC’s authority over unfair trade practices relating to intellectual property matters, including patents, copyrights, trademarks, trade dress, gray market, and trade secrets. Organization of the ITC, including its commissioners, administrative law judges, and the Office of Unfair Import Investigations. All aspects of litigation, from the institution of an investigation under Section 337 to post-hearing phases. The unique requirements in Section 337 cases of importation, domestic industry, and injury. The scope of available remedies in Section 337 cases, the role of U.S. Customs in enforcing ITC exclusion orders, and review of ITC decisions and the Federal Circuit’s jurisprudence relating to ITC matters. (Examination)

Adelman

A study of patent reform issues including domestic patent reform legislation and ongoing harmonization treaty discussions under the World Intellectual Property Organization (WIPO); review of selected topics with comparative study from viewpoint of Japan, the United States, and Europe. (Research paper)

Brauneis

Examination of international protection of intellectual property, surveying various international agreements and treaties for copyrights, patents, trademarks, and trade secrets, with focus on the agreement on Trade Related Aspects of Intellectual Property (TRIPs) of the World Trade Organization. Consideration of the basic concept of territoriality, national treatment, minimum standards, and political and policy concerns related to efforts to secure and strengthen protection of intellectual property internationally. Credit may not be earned for both Law 6491 and Law 6473. (Examination)

Bernstein

In-depth analysis of developing issues in trademark and unfair competition law, including legal, economic, and moral rationales for protection of trademarks, trade dress, domain names, celebrity persona, and related intellectual property rights; the nebulous concept of trademark dilution; tensions among trademark protection on the one hand and parody, fair use, and free speech on the other; the trademark functionality doctrine; regulation of comparative, misleading, and deceptive advertising; trademark and advertising surveys; the international dispute resolution system for challenges to domain name registrations; use and abuse of trademarks on the Internet; and trademarks in international trade, including the extraterritorial effect of U.S. trademark law, protection of well-known marks not used in the United States, restrictions on parallel imports, and use of geographic trademarks and indications. In-class practical exercises include challenging domain names using the Uniform Domain Name Dispute Resolution Policy, reviewing a mock website for a new consumer product; and seeking provisional relief based on consumer perception surveys in a trade dress litigation. (Take-home examination or research paper with permission of the instructor)

Focus on speech on the Internet, including governmental attempts to control or filter speech, intermediary liability for third-party speech, digital rights management and other copyright issues, and domain names as speech. The rules and institutions that permit or disallow governance of these issues. GW degree candidates may not receive credit for both Law 6493 and 6485. (Examination or take-home examination)

Adelman

Domestic and international concerns relating to antitrust and fair trade, with emphasis on U.S., European, and Japanese models. Consideration of basic intellectual property principles in patents, trademarks, and copyrights necessary for application of antitrust principles. Advanced understanding of antitrust law is a prerequisite unless waived by the instructor. Enrollment is limited. Prerequisite: Law 6402 or permission of the instructor. (Research paper)

Laurence, McKeown

This course covers all post-grant patent proceedings conducted before the United States Patent and Trademark Office (USPTO) including inter partes reviews (IPR), post-grant reviews (PGR), covered business method (CBM) reviews, patent reexaminations, patent reissues, patent interferences, derivative proceedings, and supplemental examinations. Differences between these administrative proceedings, presiding bodies, and Article III proceedings are studied as well as their practical and theoretical interplay. The course also explores the legislative evolution that led to the development of post-grant proceedings, as well as pending legislative and rule-based initiatives, and compares them with similar European proceedings. (Examination)

Nunziato, Mossinghoff, Oman, Rosenthal

Selected topics in intellectual property law to be announced at the time of registration. (Research paper)

Laurence, McKeown

Selected topics in intellectual property law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Government Contract Law

Schwartz

Survey of the basic principles of government procurement, including the powers and limitations on government instrumentalities entering into contracts, the respective roles of the three branches of government in the process, the processes of contract formation and administration, the resolution of disputes arising out of both processes, and the various forums available for dispute resolution. Although the focus of this course is primarily on federal government procurement, there will be some consideration of state and local government contracting and may be some coverage of procurement by other nations or international organizations. This course covers some of the material covered in Law 6502 and 6503, but at an introductory level. Not open to students in the LL.M. program in government procurement law. (Examination and problem assignments)

Schooner, Yukins 

Research and writing project under the supervision of the Government Procurement Law faculty. The course (together with LAW 6504 MSGC Capstone Scholarly Writing Course) requires integration and demonstration of cumulative learning experiences in government contract law and business. Students identify, with faculty approval, a capstone research and writing project which addresses a current acquisition issue of interest to the student. This course must be taken concurrent with LAW 6504 Master of Science in Government Contracts (MSGC) Capstone Scholarly Writing Course, and may only be taken in the student’s final semester in the program. Enrollment in this course is limited to MSGC students in the GW Business School. (Research paper)

Schooner, Papson

Survey of the law pertaining to government procurement, including an analysis of the unique features of government contracting and a discussion of the functions of Congress, the executive branch, and the courts in the procurement process. The course focuses on the contract formation process, including techniques for awarding contracts and litigation and protests involving awards. Enrollment in the online section of this course is limited to Master of Science in Government Contracts students in the GW Business School. (Examination and problem assignments)

Schooner

Discussion of the substantive problems that most frequently arise during the performance of government contracts. Interpretation of specifications and the most generally used contract clauses; analysis of the rights of the parties when performance in accordance with the terms of the contract is not obtained. Analysis of the methods that can be used by the parties to a government contract to obtain legal relief, including detailed coverage of the disputes procedure, actions for breach of contract, and forms of equitable and extraordinary relief. (Examination and problem assignments)

Thornton

Topic selection, specialized research, and the process of organizing and writing. Students receive feedback and counseling on interim written products, such as plans, outlines and early drafts. Instruction will be provided on successful research strategies and structured time management in the pre-writing phase, followed by practice tips on effective outlining and drafting, and emphasizing individual and small-group feedback on interim written assignments leading up to the final draft. This course must be taken concurrent with LAW 6501 Master of Science in Government Contracts (MSGC) Capstone Research and Writing Project, and may only be taken in the student’s final semester in the program. Enrollment in this course is limited to MSGC students in the GW Business School.

Grossman, Hoe, Melander, Papson

Melander, Papson Categories of federal government contract litigation, including bid protests, contract claims, qui tam suits, and administrative suspension and debarment proceedings. Substantive and procedural problems and emerging legal and policy issues involving the Government Accountability Office, the U.S. Court of Federal Claims, and the agency boards of contracts appeals. Students draft pleadings and briefs and participate in simulations, including depositions and settlement negotiations. Enrollment is limited. (Writing assignments) (Skills/E)

Knight, Muldoon, Ward

Legal aspects of government contract accounting principles and allowability of costs. Cost accounting standards and cost allocation issues. Negotiation of cost, profit, and price. Disclosure of cost accounting data. Prerequisite for J.D. students: Law 6502 or permission of the instructor. (Problem assignments)

Yukins

Comparative study of laws, regulations, and procedures dealing with public procurement. Differences between national and international procurement practices, and common principles that span many procurement systems across the world. Contract formation, performance, and dispute resolution processes. The influence of international organizations such as the European Union, United Nations Commission on International Trade Law, World Trade Organization, financing institutions, and professional organizations. Prerequisite or concurrent registration: Law 6500, 6502, 6503, or permission of instructor. (Research paper)

Dickinson, Tillipman, Yukins, A. Green, Waters

Selected topics in government procurement law to be announced at the time of registration. (Research paper)

Tillipman

Students work on a project in the government contracts field under the supervision of the faculty directors of the program and a lawyer practicing government contract law. The project may involve working with a government agency, a congressional committee, a private practitioner, or a nonprofit public-interest organization. Admission to the course is limited to LL.M. students and requires approval of one of the faculty directors of the program. This course is graded on a CR/NC basis. Five hours of work per week are required for each credit.

Yukins, Tillipman

This course will cover domestic and international anti-corruption laws. Domestically, this course will examine traditional U.S. bribery and gratuity laws, the U.S. Foreign Corrupt Practices Act, the Procurement Integrity Act, fraud actions under the False Claims Act, contractor compliance programs, mandatory disclosure rules, the suspension & debarment regime – and the implementation and enforcement of these laws and programs. The course will also cover international anti-corruption efforts both in enforcement and through international instruments, such as the Organization for Economic Cooperation and Development Anti-Bribery Convention, the UK Bribery Act, and other emerging anti-corruption regimes. (Take-home examination and exercises).

Gray

Intellectual property law in terms of its challenges to federal government procurement rules. Competing policy demands for innovation, transparency, and sound public investment in the intersection of intellectual property law and federal procurement rules. (Problem assignments)

Waters

Examination of the federal financial assistance system and specific legal issues arising with respect to management of federal grants and cooperative agreements. This class builds from the Constitutional underpinnings of the federal financial assistance system, through the statutory and regulatory framework of the modern system, to a full practical examination of the legal requirements and concepts necessary to grant and cooperative agreement performance. (Writing assignments)

International Law

Murphy, Steinhardt, Swaine

Introductory survey of the legal system governing relations among states and its expansion to non-state actors, such as international organizations, natural and juridical individuals, indigenous groups, and proto-states. Analysis of the sources of international law, including the formation of customary norms and techniques of treaty interpretation; the application and enforcement of international law in domestic courts, international tribunals, organizations, and diplomacy; doctrines of jurisdiction and immunities; the impact of emerging states and new technologies on doctrine; the use of force; human rights; constitutional aspects of international law; and recurring political and jurisprudential issues. (Examination)

Lasich, J. Smith

J. Smith Interrelationships among money laundering, corruption, and terrorism, their threat to global peace and prosperity, and the convergence of international law efforts to confront them. Because the detection of concealed assets is essential to deterring these crimes, students will learn the fundamentals of financial investigation and “mutual legal assistance” between countries through a five-week computerized gaming exercise. (Paper and examination or take-home examination at the instructor’s discretion)

Charnovitz

U.S. law and practice relating to characteristic forms of international transactions, including the transnational sale of goods (the law governing the documentary sale, various forms of letters of credit, commercial terms and insurance); the export of technology through franchising, distributorship, and licensing contracts; and the export of capital through the establishment, operation, and withdrawal of foreign direct investment. The impact of relevant international organizations and/or emerging substantive international commercial law (e.g., the United Nations Convention on Contracts for the International Sale of Goods). Specialized problems in the negotiation and structure of international transactions. (Examination)

Baker, Briggs

Anti-monopoly laws and their national and international enforcement. Competition policy and key national, bilateral, and multinational elements of the emerging international competition regime. Recommended: Law 6402. (Research paper)

Charnovitz

Study of domestic and international laws and institutions governing foreign trade. Legal aspects of U.S. participation in the World Trade Organization, NAFTA, and other international forums; laws regulating customs and tariffs, most-favored nation treatment, subsidies, dumping, unfair trade practices, and disruptive imports under the escape clause. Additional topics may include specialized problems in regulating exports under the Export Administration Act, boycotts, corrupt practices, and restrictive business practices. (Examination)

Charnovitz

In-depth study of the World Trade Organization (WTO) rules and its dispute settlement system. Each year the course examines some of the most recent developments in trade law, with a close reading of recent WTO adjudicatory decisions on issues such as subsidies, regulation of goods, regulation of services, sanitary restrictions, product standards, investment measures, and intellectual property. Issues of U.S. trade law and the relationship of international trade law to other fields of international law also may be addressed. Prerequisite: Law 6526 or permission of the instructor. (Takehome examination or research paper with permission of the instructor)

Cohen

Analysis of the law relevant to the trial of cases having international elements in U.S. domestic courts, including the problems of establishing  Jurisdiction over foreign defendants, obtaining transnational discovery and service of process, enforcing foreign judgments, drafting and defending choice of forum and choice of law clauses, determining the extraterritorial reach of U.S. law, proving foreign law, and assessing the role of U.S. courts in deciding cases with potential consequences for U.S. foreign relations. The impact of international issues on actual litigation as well as the initial structuring of a transaction in light of the client’s potential litigation interests. Prerequisite or concurrent registration: Law 6520; for post-J.D. students, permission of instructor may be substituted. (Examination)

Buchwald, DeBartolo

Analysis of characteristic legal issues arising out of the creation and operation of organizations of nation states. Included are issues of legal personality, treaty making and norm creation, law making, privileges and immunities, membership, dispute settlement, and withdrawal. Emphasis on the United Nations and its activities, including those relating to peace, security, and human rights. Exemplary problems in organizations such as the International Labour Organization, the World Health Organization, and the World Trade Organization. (Examination)

Bignami, Cummins

Study of legal systems in the civil law tradition (examples may include France, Germany, Italy, Spain, the European Union, the European Court of Human Rights, Latin America, and Japan). Comparison with the common law system. Consideration of the history and sources of civil law, the major public and private law institutions in civil law countries, civil and criminal procedure, the role of civil law lawyers (and of international lawyers working with them), and selected substantive legal issues such as the law of privacy. Course coverage may also include the study of Islamic law as an example of a sophisticated non-European system. (Examination)

Kucinski

Students will study domestic and international law and institutions affecting family law, as well as private international law, including choice of law concepts. The course will cover the role of the state and religion in marriage, divorce, child custody, relocation and abduction, support, and adoption. Recommended: Law 6520. (Examination or research paper)

Bignami

Study of the legal nature and structure of the European Union. Topics include the roles of the Court and the other institutions, the question of sovereignty, the “four freedoms,” competition, company law and labor relations, agriculture, and the EU in international law. (Examination)

Overview of the origins of Islamic law and development of schools of Islamic jurisprudence. Foundations of Islamic constitutional law, separations of powers, civil rights, the law of obligations, formation and dissolution of contracts, remedies, business contracts, banking law, and family law including marriage, divorce, child custody, and the law of property and inheritance. Crimes and punishments. Islamic law as it pertains to international issues. (Take-home examination or research paper with permission of instructor)

Introduction to the Japanese legal system and comparative analysis of U.S. and Japanese law. Constitutional law, separation of powers (including political institutions and the judicial system), corporate law, equality law, religious freedom, administrative law, civil and criminal procedure, and the legal profession. (Examination or research paper with permission of the instructor)

Benitez, E. Brown, Fresco, Morales

Theory and application of the Immigration and Nationality Act and 8 Code of Federal Regulations. Examination of practice before the Executive Office for Immigration Review, Citizenship and Immigration Services, Immigration and Customs Enforcement, Customs and Border Protection, Department of State, and Department of Labor. Removal, political asylum, adjustment of status, naturalization, and other issues. Enrollment is limited. (Examination)

Lawrence

Family- and employment-based immigration practice. Regulations, case law, and procedural aspects concerning employment-based, nonimmigrant visa admission into the United States and lawful permanent resident status in the United States through employment and/or family preferences categories. Prior enrollment in an immigration law course is not required. (Take-home examination)

Dzubow, Pilcher

Selected topics from the areas of international law pertaining to the protection of refugees and domestic law of political asylum. Enrollment is limited. (Examination)

Kadel

Study of the legal aspects of international banking and finance, including international laws and regulations concerning the structure and transactions of international banks and institutions. Topics include the institutional, legal, and regulatory framework for international commercial banking and development finance; the emerging rules regarding international trade in financial services; international supervision of banking activities and regulation of banking transactions; contractual instruments for international financial transactions; and international debt and development crisis. Credit may not be earned for both Law 6542 and 6541. (Examination)

D. Clarke

Introduction to the basic institutions and processes of the legal system of the People's Republic of China. Focus on the contemporary system and its role in political, economic, and social developments. (Take-home examination and writing assignments, or examination and writing assignments)

Alexandrov

An examination of the legal, business, and financial problems involved in investing across national borders. Focuses on the strategies and techniques for structuring such investments and on the framework of regulation that affects them. The analysis includes U.S. regulation of foreign investors, different types of foreign regulation of U.S. investments, and international controls on domestic regulation of foreign investment through treaties and conventions. Model international transactions and sample documents are used to illustrate basic issues. (Examination)

DeMasi

The use of contracts to shift and mitigate risks inherent in the acquisition, construction, and development of capital-intensive infrastructure projects (e.g., power generation, oil and gas production and distribution, industrial processes, telecommunications networks). Structural and risk allocation issues. Project finance in an international context with a focus on emerging markets. Prior enrollment in Law 6280 is recommended. (Examination)

Dickinson, Steinhardt

An overview of international and regional human rights instruments and institutions, focusing on the manner in which the United Nations, Inter-American, European, and African human rights systems seek to protect individual and group rights. Examination of the problems these systems have encountered in discharging their mandate, and exploration of ways to strengthen international and regional governmental and nongovernmental efforts in the human rights field. Prerequisite or concurrent registration: Law 6520; for post-J.D. students, permission of instructor may be substituted. (Examination)

Advantages and disadvantages of addressing human rights issues regionally rather than at the national or global levels. The jurisprudence and procedures of the European, Inter-American, and African human rights systems. The potential for developing a regional system in parts of Asia. Prerequisite: Law 6520. (Research paper)

Hertzfeld

International law related to the use of outer space. Analysis of space treaties in force, the role of intergovernmental and nongovernmental international organizations, and space laws and regulations of various nations. The relationship of space law to air law. Issues of liability resulting from space activities, military use of space, pollution and contamination of outer space, and earth observations and remote sensing. Enrollment is limited. Prerequisite: Law 6520 or permission of the instructor. (Research paper)

D. Clarke

Introduction to the regulatory regime governing business activity in China. Issues of concern to foreign traders and investors. Specific regulations and their implementation in practice. (Take-home examination and writing assignments, or examination and writing assignments)

Benoit

International law related to the use of ocean space. Development of international law concerning internal waters, territorial sea, contiguous zone, high seas, continental shelf, fisheries, exclusive economic zone, maritime boundaries, marine environment, marine scientific research, deep seabed, and settlement of disputes. Current legal and policy issues associated with these areas. Prerequisite or concurrent registration: Law 6520; for post-J.D. students, permission of instructor may be substituted. (Takehome examination)

Carnahan, Solis

Human rights law in international and internal armed conflict, examining the origins of the law of war, the 1949 Geneva Conventions for the Protection of War Victims, the Geneva Protocols of 1977, the 1980 Geneva Conventional Weapons Convention, other treaties and customary international law relating to means and methods of warfare, the role of the International Committee of the Red Cross, war crimes and enforcement mechanisms, and current problems in the regulation of hostilities. Prerequisite: Law 6520. (Examination or research paper)

Calabrese

Study of U.S. laws and regulations that govern the export of defense products and dual-use civilian technologies. Examination of international export control treaties and case studies. Students participate in team exercises involving export transactions. (Take-home examination)

Matheson

Prosecution of international crimes and application of national criminal law across international boundaries. The use of criminal sanctions to serve the objectives of the international community, particularly with respect to peace, national security, and human rights. Prior enrollment in Law 6520 is recommended. (Examination)

Fontana

Comparative study of U.S. and non-U.S. legal systems. Structural issues including federalism and separation of powers; individual rights issues including affirmative action, abortion, and freedom of speech. (Take-home examination)

Crook, Greenblatt, C. Ryan

Survey of arbitration and related mechanisms of dispute resolution in the international legal system that arise out of commercial, financial, and governmental transactions. Analysis of the arbitration agreement, the process of arbitration, and the enforcement of arbitral awards as well as the common principles governing the disposition of claims. Review of the various arbitral tribunals and their rules. Prerequisite or concurrent registration: Law 6520 or 6522; for post-J.D. students, permission of instructor may be substituted. (Examination or take-home examination at the instructor’s discretion) (Greenblatt, C. Ryan-Skills/E)

Abdelhady

Examination of the principles of Islamic finance, Shari’a investment criteria, and the means to structure Shari’a-compliant transactions and products. Focus on Islamic law as applied to cross-border transactions, regardless of the nature and identity of the players. Case studies analyze underlying investment principles and agreements and the legal environment in which they operate, including the role of Islamic banking and finance in addressing global challenges in such sectors as the development of renewable energy, infrastructure, and technology transfer. (Take-home examination)

Camp, Steinman

International negotiations from a practitioner’s perspective, with a focus on private-sector negotiations. The roles and interests of each of the parties to a negotiation (including private actors, lending institutions, governments and government agencies, and multinational nonprofit organizations); political and other domestic issues affecting international negotiations; practical exercises in negotiations; and multilateral negotiations. Prerequisite or concurrent registration: Law 6520 or 6522; for post-J.D. students, permission of instructor may be substituted. (Research paper) (Skills/E)

Warren

Legal norms and techniques used to help stabilize and rebuild societies emerging from violent conflict. Clarifying and reforming laws, reconstructing and staffing  Judicial and law enforcement institutions, and establishing mechanisms to deal with past atrocities. Prior enrollment in Law 6520 or 6532 is recommended. (Research paper)

Selected topics in public international law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper, or writing assignments)

Dickinson, Murphy, Carnahan, Youmans

Selected topics in the theory and practice of international law to be announced at the time of registration. Enrollment is limited. May be repeated for credit if topic differs. Prerequisite: Law 6520 or permission of instructor. (Research paper)

P. Clarke

Remedies for U.S. businesses facing competition from imports, including U.S. laws concerning antidumping, countervailing duties, and safeguards. (Takehome examination)

Alexandrov

Selected topics in international business law and practice to be announced at the time of registration. Enrollment is limited. Prerequisite: Law 6522 or permission of instructor. (Research paper)

Lerner

Selected topics in comparative law to be announced at the time of registration. Enrollment is limited. (Research paper)

Celorio

Human rights lawyering from the perspective of victims’ advocates and governmental and inter-governmental officials. Overview of international human rights law and key domestic legal principles. Methods of investigation and fact-finding, interpretation and application of law, and choice of remedies. Role playing and other class exercises using the United Nations and Inter-American systems as models. (Takehome examination)

Celorio

Theoretical and practical challenges to reinforcing international human rights of women. Major international and regional treaties and instruments; standards to determine sex discrimination as developed by international tribunals and domestic courts; interaction of international and domestic law in the context of women’s rights; and feminist/activist theories and critiques on topics such as state responsibility for violence against women and conflicts between women’s rights and religious or cultural rights. (Research paper)

The intersection of national and international law on human rights and environmental protection, with focus on rights-based approaches to environmental protection and how environmental deterioration may limit or infringe the enjoyment of guaranteed rights. The current state of the law concerning a claimed right to a safe and healthy environment, corporate social responsibility, land and resource rights of indigenous peoples, the role of international financial institutions, and human rights litigation linked to environmental harm. Prerequisite: Law 6520. (Research paper)

Law and Other Disciplines

Galston

Basic jurisprudential concepts; nature of law; development of legal institutions; jurisprudential schools—natural law, analytical, historical, sociological, functional; law and logic; law and justice; the judicial process; legislative, executive, administrative decision making; impact of politics, economics, and scientific advance on legal systems; contemporary trends in jurisprudential thought. (Take-home examination)

Cottrol

Examination of the history of U.S. law from the seventeenth century to the present. Topics include Anglo-American constitutionalism, the reception and transformation of the common law, slavery and the law, race and gender in U.S. law, corporations, labor and the rise of the regulatory state, and legal education and the legal profession in U.S. history. (Research paper)

Steinhardt

Selected topics in legal theory to be announced at the time of registration. Enrollment is limited. (Research paper or examination)

Turley

Introduction to different schools of legal thought and theory, including but not limited to Lockean, Hegelian, utilitarian, economic, feminist, critical legal, public choice, and sociobiological theory. Principles and policies that motivate changes in legal doctrine and how concepts of morality, personal autonomy, collective action, tripartite government, equity, and efficiency affect the legal process. The objective is to offer law students a foundation to be conversant in different concepts that relate to their legal training, particularly in the first-year curriculum. Enrollment is restricted to first-year J.D. students assigned to this course. (Examination)

Wilmarth

Examination of the philosophical and historical background of the U.S. Constitution, including the writings of Locke and Montesquieu, with particular attention to social contract theory, natural law, and separation of powers principles. Consideration of the relevance of these concepts to the debates surrounding the drafting and ratification of the Constitution and the original Bill of Rights, and the degree to which these concepts have been reflected in decisions of the Supreme Court, including selected decisions of the Marshall Court and several more recent decisions. (Take-home examination or research paper with permission of the instructor)

Bracey, Overton

Examination of the influence of race and racism on the development of law in the United States. The use of law by legislatures and judges, both to enforce and to remedy racism in selected contexts, possibly including criminal justice, voting rights, public accommodations, education, employment, housing, free speech, and family law. The course also will consider the utility of critical race theory as a method of legal analysis. (Examination or take-home examination)

The role of legal norms and processes in developing patterns of slavery and race relations in the United States and other societies. Application of themes and methods from comparative and historical sociology to the study of legal history. Topics include the legal origins of slavery in the Americas, law and racial classifications, social and economic consequences of legal discrimination, and legal remedies and the undoing of systems of discrimination. Comparative study of the history of race relations in the United States, Latin America, and South Africa. Enrollment is limited. (Research paper)

Cottrol

Selected topics in legal history to be announced at the time of registration. Enrollment is limited. (Research paper)

Selected topics in professional responsibility and ethics. Intensive study of questions of lawyer responsibility and ethics raised by professional codes and moral philosophy. This course does not satisfy the professional responsibility requirement. Prerequisite: Law 6218. Enrollment is limited. (Research paper)

Lerner

The history of legal procedure and institutions in England and the United States, in particular the relationships among  Judges, juries, and lawyers in civil and criminal cases. Development of rules of evidence; links between law and equity. How changes in politics, society, and economics affect legal procedures and courts. Origins of the adversarial legal system and comparisons with the inquisitorial system on the European continent and elsewhere. (Examination or research paper with permission of the instructor)

Gabaldon

Study of fundamental accounting principles with emphasis on corporation accounting; legal and accounting implications of specific items in financial statements of corporations; inventory adjustments; corporate transactions, distributions, capital adjustments. No accounting background required; students who majored (or the equivalent) in accounting or who hold certifications as Certified Public Accountants (CPA) may not enroll. (Quizzes and problem assignments or examination with the permission of the instructor)

DeSanctis, Solove

The ways in which the law is depicted in literature, and how literary interpretation can be applied to legal texts. Literary and philosophical works of short to moderate length by Melville, Kafka, Shakespeare, Capote, Morrison, Garcia Marquez, and Faulkner, among others. (Research paper and oral presentations)

R. Palmer

The ways in which scientific reasoning and the scientific method have been applied, and misapplied, to legal and policy decisions. The differing standards for scientific and legal inquiry and whether these standards have proven to be compatible. Analysis of pivotal science-based legal decisions, beginning with the trial of Galileo and including evolving standards for scientific evidence in the courtroom, the difficulty of proving causation in toxic torts, regulation of hazardous substances, balancing of personal liberty and public health, determining when a drug is safe enough to market, attempts to define fundamental aspects of the human condition, the debate over evolution in public schools and the legal and ethical issues arising from mapping and patenting the human genome. The means by which scientific inquiry itself is fostered and regulated in the United States and abroad, including the recent policy debates over human cloning and embryonic stem cell research, as well as scientific misconduct, fraud, bias, and the politicization of scientific debate. Prerequisite: Law 6230. (Examination or research paper)

Cahn

Examines the evolution of feminist legal theory and its critique of the legal system and legal norms. The course focuses on feminist jurisprudential treatment of gender and examines the prospects for sex equality under the law. Enrollment is limited. (2-credit seminar: Oral presentations and research paper or multiple reaction papers) (3-credit course: Oral presentations and take-home exam or multiple reaction papers)

Cultural aspects of law in the context of various societies. Traditional African dispute resolution and the changes brought about by colonialism; Native American political structures; Gypsy courts; the relative legal rights of insiders and outsiders in small-scale European communities; non-legal resolution of disputes in urban neighborhoods in the United States. Legal rules and cultural traditions of these and other societies compared in terms of economic efficiency, personal responsibility and freedom, and ethical balance. (Research paper)

Blackmon

The problems and legal issues raised by the interface of psychiatry and the law: informed consent, privacy, the insanity defense, civil and criminal commitment under questions of legal competency, forced medication, and disability law with reference to the mentally ill. Evolving trends in professional standards, constitutional rights, legislative rights, ethics, licensing, contracts, and torts in the relationships among the psychiatric profession, the law, and the mentally ill. The role of psychiatric experts, standards of admissibility, and weight of evidence and their impacts on the relationship between the law and the mentally ill. (Take-home examination)

Callier

Examination of the legal and ethical issues that genetics research and technology present. Topics include eugenics; the Human Genome Project; ethical, legal, and regulatory issues associated with clinical genetics and various types of genetic testing; possible discriminatory uses of genetic information by employers, insurers, and others; legislative attempts to protect the privacy and confidentiality of genetic information; ownership of genetic samples and information; patent law issues; forensic uses of genetic information; gene therapy; and cloning. (Examination)

Suter

Examination of legal and ethical issues that arise in the doctor–patient relationship and medical decision making. Topics include informed consent; human experimentation; personhood; reproduction, including advanced technologies and prevention; patients’ rights; death, dying, and limits on intervention; hard choices; and public policy issues. (Examination)


Clinics

S. Jones, Gilmore, Khandhar

Under faculty supervision students assume substantial responsibility for advising small businesses and nonprofit organizations. Students interview and counsel clients; draft incorporation, limited liability company, and partnership documents (such as articles of incorporation, bylaws, articles of organization, operating agreements, and partnership agreements); research local licensing requirements and zoning laws; review and draft contracts and leases; and advise on basic intellectual property issues, tax problems, and related matters. Prerequisites: Law 6250 and 6300 and permission of instructor. Law 6472 and 6474 are recommended. A grade of H, P, LP, or NC is given for this course. Students may enroll concurrently in this course and Law 6668 only with permission of both instructors. (Skills/E)

Gutman

Under faculty supervision, students represent low-income clients in the U.S. District Court for the District of Columbia, D.C. Superior Court, D.C. Court of Appeals, and in administrative courts in cases involving wage and hour, unemployment compensation, disability, and other issues. This civil litigation clinic focuses primarily on employment law and disability law. Students’ case responsibilities include client interviewing, factual development, legal analysis, drafting of pleadings, discovery, motions, briefs, oral advocacy, and settlement negotiations. Students may also work with nonprofit and community organizations on public policy issues. The classroom component focuses on law and poverty, and on developing a variety of lawyering skills, including client interviewing, case analysis, oral advocacy, litigation document drafting, and negotiations. Students may enroll in this course only if they have completed at least 42 credit hours. Students may enroll concurrently in this course and in Law 6668 only with permission of both instructors. (Skills/E)

J. Steinberg

Students represent indigent clients in a range of civil matters, including welfare, disability, and housing benefits, as well as matters pertaining to offender re-entry. Student responsibilities include interviewing, fact investigation, negotiations, and conducting hearings at administrative tribunals and in D.C. Superior Court. Students may have the opportunity to participate in policy advocacy before the D.C. Council and administrative rule-making bodies. Open to third-year students and second-year students who have completed 42 credits. (Skills/E)

Kohn

Under faculty supervision, students represent indigent litigants in D.C. Superior Court, and undertake a range of cases in the Family Court (divorce, custody, child support, alimony) and the Domestic Violence Unit (civil protection orders, modification and extension of civil protection orders, and contempt). This litigation clinic focuses on domestic violence and family law. While representing domestic violence litigants, students also have an opportunity to gain exposure to criminal practice by collaborating with the U.S. Attorney’s Office in related prosecutions of accused batterers. Students are responsible for every phase of litigation, including: drafting of initial pleadings, motions, discovery, settlement negotiations, and taking the case to trial. In the weekly classroom component, students study the substantive and procedural law relevant to their cases—including the local domestic violence and family law statutes, criminal law, evidentiary principles, and procedural rules—and focus on client counseling, strategic thinking, ethics, and litigation skills exercises, such as performing direct- and cross-examinations, arguing motions, and conducting negotiations. Prerequisite or co-requisite: Law 6230. Students may enroll in this course and in Law 6668 only with permission of both instructors. (Skills/E)

Oleson

Under faculty supervision, third-year students litigate appellate cases, primarily direct appeals from criminal convictions. This appellate clinic focuses on written and oral advocacy on behalf of clients convicted of criminal offenses. Students handle their cases from intake through oral argument and sometimes beyond, maintaining client contact and filing petitions for certiorari in higher courts where needed. Students meet with incarcerated clients, analyze appellate records, identify and research potential issues, file motions, write opening and reply briefs, and present oral arguments to appellate courts. Through the clinic, students develop a wide array of skills including interviewing and counseling clients, identifying relevant facts and issues in lengthy records, selecting and framing legal issues, integrating facts and law, advocating in difficult cases, writing and speaking persuasively, managing cases, and collaborating with others. The classroom component focuses on skills development, appellate case theory and practice, criminal procedure and ethics, roles of criminal justice actors, professional identity, and structural issues related to the criminal justice system. Students must register for this clinic for both the fall and spring semesters. Students may enroll in this course and in Law 6668 only with permission of both instructors. (Skills/E)

Gentry, Shoemaker

This clinic allows second- and third-year students, under faculty supervision, to represent individuals who may have suffered serious vaccine-related injuries and who are seeking damages in trial and appellate proceedings before the U.S. Court of Federal Claims. A weekly two-hour seminar focuses on multidisciplinary (medical/legal) training in vaccine injury issues, and on lawyering skills such as client interviewing and counseling and cross-examination of medical experts. Students also work on law reform projects, including filing amicus briefs and comments on proposed new vaccine case guidelines. Students also evaluate the Vaccine Injury Compensation Program as a model for tort reform. Students must register for this clinic for both the fall and spring semesters. Students may enroll concurrently in this course and Law 6668 only with permission of both instructors. (Skills/E)

Turley

Second-, third-, and fourth-year students participate in the J.B. and Maurice C. Shapiro Environmental Law Clinic, representing clients in environmental litigation in both the federal and state systems. Students work under faculty supervision in administrative, trial, or appellate actions, particularly citizen suit actions. This work includes actions under the Clean Air Act, the Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Endangered Species Act, the Resource Recovery and Conservation Act, and the Federal Facilities Compliance Act. Permission of the instructor is required prior to registration. Two or 3 hours of graded credit are given for this course. Prerequisite or concurrent registration: Law 6430. Students may enroll concurrently in this course and Law 6668 only with permission of both instructors. (Skills/E)

Goldfarb

Exploration of the multiple goals of clinical education, with an intensive orientation to clinical methods and a historical and philosophical overview of clinical education. Students examine, use, and evaluate clinical pedagogies designed to meet these multiple goals and submit regular journals throughout the year. Other areas of inquiry include: the role of clinical education in legal education; the role of law school clinics in social justice issues and in communities; pedagogies for teaching and supervising lawyering in a public service context; the nature of reflective learning and the value of journals as pedagogy; and types of clinical scholarship. Enrollment limited. Open to LL.M. students serving in clinical fellowships. Law 6628 is prerequisite to Law 6629. (Writing assignments)

Benítez

Students assume substantial responsibility for handling a range of immigration law matters, including determining what benefits or forms of relief, if any, are available to their clients, and, in appropriate circumstances, representing their clients in removal proceedings. Because the Clinic’s clients come from all over the world, cultural sensitivity is essential and foreign language skills are welcome. A minimum of 210 hours of work per semester and attendance at a two-hour weekly seminar are required. Permission of the instructor is required prior to registration. Prerequisite: Law 6538. Students may enroll in this course and Law 6668 only with permission of both instructors. (Skills/E)

S. Jackson

Second-year and third-year students delve into the complex world of health law, untangling problems and explaining options to clients of the Health Insurance Counseling Project, a legal services organization that responds to more than 3,000 requests for assistance each year. Students advocate for clients who have unpaid medical bills; or who need medical care that an insurer, public or private, is unwilling to provide; or who must choose among various types of health insurance. Students learn about Medicare, Medicaid, and private health insurance law and procedures; simulation exercises hone interviewing, counseling, and advocacy skills. Students can expect to work with at least five to six clients in one semester, and should plan to devote to the course four hours per week per credit. A grade of H, P, LP, or NC is given for this course. Students may enroll concurrently in this course and Law 6668 only with permission of both instructors. (Skills/E)

Carillo

Under faculty supervision, students work in a clinical setting in partnership with experienced attorneys and specialized institutions engaged in human rights activism on case projects drawn primarily from one of two main areas: (1) litigation and advocacy before international human rights tribunals and treaty bodies, primarily in the Inter-American and United Nations human rights systems; or (2) human rights litigation and advocacy in the United States, especially in relation to the Trafficking Victims Protection Act. Prerequisite: Law 6520. Recommended courses include: 6546, 6547 and/or completion of the GW–Oxford International Human Rights Law Program. (Skills/E)

D. Johnson

This is a clinical program in pre-trial and trial litigation that offers students the opportunity to develop skills as litigators while representing persons in the Superior Court of the District of Columbia. Students who participate in the civil division represent tenants in landlord-tenant actions, but also may handle some consumer cases, negligence cases, and other civil matters. Under the supervision of clinical instructors, students are responsible for all aspects of litigation: interviewing clients and witnesses, conducting investigations, preparing pleadings, engaging in settlement negotiations, and conducting all motions hearings and trials pursuant to the Superior Court’s student practice rule. This is a one semester clinic. Weekly clinic classes are held in the evening. Students must have one day per week available for court appearances and plan to devote approximately 24 hours to the clinic each week. Prerequisite: Law 6212, 6230. Students may enroll concurrently in this course and in Law 6668 only with permission of both instructors. (Skills/E)

Banzhaf

Examination of those areas in which persons with disabilities have traditionally been denied some right or benefit afforded other persons in our society and have resorted to legal action; introduction to statutes and agencies designed to protect people with disabilities. Students may choose to prepare a research paper (and receive legal writing credit and a numerical grade) or to gain practical experience doing a clinical project (on a CR/NC basis). Students may enroll concurrently in this course and Law 6668 only with permission of both instructors. (Skills)

Braman, Schmechel

Projects involving litigation, research, or public interest activities of a legal nature (including aid to indigents, support of public interest nonprofit corporations, and support of governmental agencies or courts) may be initiated and will be supervised by a faculty member. Projects must be approved in advance by the Law School Supervisory Committee (three members) both as to whether the project is appropriate and as to the number of credit hours to be granted. A maximum of 10 credit hours may be taken in one or two semesters. This course is open to a limited number of third-year students. This course is graded on a CR/NC basis. Students may enroll concurrently in this course and Law 6668 only with permission of both instructors.

D. Johnson

This is a clinical program in pre-trial and trial litigation that offers students the opportunity to develop skills as litigators while representing persons in the Superior Court of the District of Columbia. Students who participate in the criminal division represent persons charged with misdemeanor offenses, but also may handle some juvenile cases. Under the supervision of clinical instructors, students are responsible for all aspects of litigation: interviewing clients and witnesses, conducting investigations, preparing pleadings, engaging in plea bargaining, and conducting all motions hearings and trials pursuant to the Superior Court’s student practice rule. Students must participate in the program for two consecutive semesters for a total of 12 credits. Weekly clinic classes are held in the evening. Students must have one day per week available for court appearances and plan to devote approximately 24 hours to the clinic each week. Prerequisite: Law 6230, 6360. Students may enroll concurrently in this course and Law 6668 only with permission of both instructors. This course is graded CR/NC for the fall semester and with letter grades for the spring semester. (Skills/E)

Skills and Simulation Courses

Note: only those courses identified by the designation “(Skills)” following the course description may satisfy the Professional Skills Requirement.

Saltzburg, Campbell, Gilligan, Horn, Kravitz, Naughton, Rankin, Sulton, Wayne

Pretrial and trial techniques with emphasis on procedural, evidentiary, tactical, 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, direct and cross-examination, introduction of documents, courtroom techniques, and opening and closing arguments. Role playing in simulated courtroom situations. Once registered, no student may drop this course without permission of the Dean of Students Office. Students who receive credit for Law 6683 College of Trial Advocacy may not enroll in this course. Prerequisite: Law 6230; Saltzburg—students may be enrolled concurrently in Law 6230. Enrollment is limited. (Short papers and exercises) (Skills/E)

D. Johnson

An External Student Competition is legal skills based competition which allows for GW Law students to compete against students from other law schools that provides the opportunity to satisfy the “Experiential” Skills Requirement under ABA Standard 303. This course is offered in both the fall and spring semesters in four different sections: (1) ADR, (2) Mock Trial, (3) Moot Court, and (4) Other. While the definitions of ADR, mock trial and moot court are relatively clear, an ‘Other Student Competition’ is typically a non-adjudicative competition which does not fall under the definitions of competitions listed as LAW 6642, 6644, or 6645. To qualify as an Other Student Competition for credit (1) the competition must be sponsored by the ABA or an ABA-accredited law school, and (2) a faculty member must serve as coach for the competing students and certify that they have earned the course credit. Presently, qualifying Other Student Competitions include, but are not limited to, the ABA Section of Taxation Law Student TaxChallenge, the Drexel University School of Law’s Transactional LawMeet, the Georgetown University Law Center’s National Security Crisis Law Invitational, the National Animal Law Legislative Drafting & Lobbying Competition, and the University of Maryland School of Law’s Health Law Regulatory & Compliance Competition. This is a restricted class. In no event may a student receive more than a total of 3 credits for intra- and interscholastic competitions under LAW 6641, 6642, 6644, or 6645, nor may a student participate in more than one such competition in any given semester. All students competing must complete and submit an Intent to Compete form available from the course instructor. A student successfully advancing from a regional to a national competition must register for this course again to receive 1 additional credit for participation in the national. This course is graded on a CR/NC basis. (Skills/E)

D. Johnson

Participants in internal ADR competitions, which allow for GW Law students to compete among themselves, may register for this course and receive 1 credit for each competition in which they participate. The internal ADR competition is the Spanogle International Commercial Arbitration. All students competing must complete and submit an Intent to Compete form available from the course instructor. In no event may a student receive more than a total of 3 credits for intra- and interscholastic competitions under LAW 6642, 6644, and/or 6645, nor may a student participate in more than one such competition in any given semester. Once registration ends, no student may drop this course without permission of the course instructor. This course is graded on a CR/NC basis.

A. Robinson, Gardner, LoRe, Keenan, Z. Rainey

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 production, requests for admissions, and motions for physical and mental examinations. The course ends with a five-hour mock trial by jury. (Simulation and paper) (Skills/E)

D. Johnson, Schooner, Yukins

The Moot Court Board sponsors two upper-level, internal appellate advocacy competitions, open only to GW Law students, each year: the Van Vleck Constitutional Law Moot Court Competition (fall), and the Rothwell Intellectual Property Law Moot Court Competition (spring). Participants earn 1 credit for each competition in which they participate, regardless of how they finish. All students competing must complete and submit an Intent to Compete form available from the course instructor. In no event may a student receive more than a total of 3 credits for intra- and interscholastic competitions under LAW 6642, 6644, and/or 6645, nor may a student participate in more than one such competition in any given semester. Once registration ends, no student may drop this course without permission of the course instructor. This course is graded on a CR/NC basis.

D. Johnson

The Mock Trial Board sponsors the internal Upper-Level Mock Trial Competition in the fall semester, which is only open to GW Law students. The competition offers students an opportunity to practice trial skills. The competition requires a two-person team to argue its case before a judge. Students who participate in the fall competition receive 1 credit. All students competing must complete and submit an Intent to Compete form available from the course instructor. In no event may a student receive more than a total of 3 credits for intra- and interscholastic competitions under LAW 6642, 6644, and/or 6645, nor may a student participate in more than one such competition in any given semester. Once registration ends, no student may drop this course without permission of the course instructor. This course is graded on a CR/NC basis.

B. Harvey, V. Rainey, Terry

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. Examination of practical and ethical issues; applicability to various substantive areas including contract, tort, consumer, family, criminal, discrimination, and landlord/tenant. Students are expected to fill out role-playing evaluations of themselves and classmates on a regular basis and to prepare written assignments as directed by the instructor. Enrollment is limited. Students may take both Law 6646 and 6647 from the same instructor only with the instructor’s permission. (Skills/E)

Hoffman

Theoretical and practical aspects of negotiating and mediating transactions and disputes. Techniques studied include neutral evaluation, regulatory negotiations, mini-trials, settlement judge approaches, arbitration, and other “hybrids.” Students participate in a number of simulated disputes related to various practice areas, both in and outside of class. Enrollment is limited. Students may take Law 6647 and either 6646 or 6648 from the same instructor only with the instructor’s permission. (Role playing and written assignments) (Skills/E)

Craver, Juni, A. Abramowitz, Ray, Sylvester

Examination of the negotiation process employed by legal practitioners. The assigned text considers the negotiation process, negotiating techniques, verbal and nonverbal communication, and other factors that influence these interpersonal transactions. Students engage in negotiation exercises that enable them to practice the art of negotiating and to examine 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 also are required to prepare a short paper on a topic pertaining to the negotiation process. Enrollment is limited. Students may take both Law 6648 and 6647 from the same instructor only with the instructor’s permission. Credit may not be earned for both Law 6648 and 6458. Completion of Negotiations for 1 credit does not fulfill the J.D. skills requirement for graduation. (Skills; Juni, A. Abramowitz, Sylvester-Skills/E)

Dennis, Privor, Schamel, Stewart

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 participate 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) (Skills/E)

Gabaldon, Manns

Limited to third-year members of the student staff of the Business and Finance Law Review. A maximum of 2 credit hours may be earned in this course. Second-year students must enroll in Law 6657 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 6657 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.

DeVigne, Berl, L. Coates, Lynch, Minniti, Mutryn, Pinegar, Villa, Wintrol, Zaidi

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. Specialized sections of this course are offered in areas such as litigation, transactional, and intellectual property; students are encouraged to discuss course coverage with the professor prior to enrollment. Ordinarily, students will be limited to registration in one section of legal drafting while enrolled at the Law School. With the permission of the Dean of Students Office, students may enroll in a second section of legal drafting, provided that the second section is a different specified section. (Drafting projects and short writing exercises) (Skills/E)

Intensive study of appellate process, brief writing, and argumentation. Focus on techniques for creating and structuring an appellate brief and developing 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 considerations of appellate briefs and effective oral argument. (Appellate briefs and oral argument) (Skills)

Rodriguez, H. Somers

Intensive review of legal research tools and methods involving both digital and print resources. This course reviews general categories of materials, including reporters, codes, and secondary sources, and their place in contemporary law practice. Students will explore methods of conducting research in specific areas of the law. (Research exercises and paper) (Skills/E)

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. Enrollment for 2 credits and compliance with the legal writing requirement as outlined in this Bulletin is necessary if the course is used to satisfy that requirement. Approval by the faculty supervisor is required prior to registration; if the faculty supervisor is a member of the part-time faculty, approval also is required from the senior associate dean for academic affairs or associate dean for academic affairs. Students may take only a total of 2 credits of independent legal writing under the supervision of part-time faculty members. Students may not take this course more than once in any semester or more than twice during their legal studies, absent specific written instructions from the Dean of Students Office. Each enrollment in this course requires a free standing research paper. (Research paper)

Introduction to writing for scholarly legal journals. Topic selection, research strategies, organization, style, grammar, usage, and the editing process. This course reflects journal participation for second-year students on all journals. Satisfactory completion of Law 6413, 6658, 6659, 6660, 6661, 6662, 6663, or 6664 in the third year is required to receive credit for this course. A grade of H, P, LP, or NC is given for this course.

B. Clark

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 6657 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 6657 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.

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. Second-year students must enroll in Law 6657 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 6657 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.

Schwartz, Whealan

Limited to third-year members of the student staff of the Federal Circuit Bar Journal. A maximum of 2 credit hours may be earned in this course. Second-year students must enroll in Law 6657 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 6657 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.

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 6657 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 6657 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.

Schaffner

Limited to third-year members of the student staff of the American Intellectual Property Law Association Quarterly Journal. A maximum of 2 credit hours may be earned in this course. Second-year students must enroll in Law 6657 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 6657 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.

Limited to members of the student staff of the International Law in Domestic Courts Project. A maximum of 4 credits may be earned in this course. Second-year students must enroll concurrently in Law 6520 and 6657. This course is graded on a CR/NC basis.

Paddock

 

Limited to third-year members of the student staff of the Journal of Energy and Environmental Law. A maximum of 2 credit hours may be earned in this course. Second-year students must enroll in Law 6657 to reflect journal participation. This course is graded on a CR/NC basis. Satisfactory completion of Law 6657 in the second year and satisfactory completion of all journal work in the third year is required to receive CR for this course.

This course is an elective corequisite to seminar courses that require or permit a research paper or Law 6656, Independent Legal Writing, for students who intend to seek publication. Instruction on legal research strategies and structural techniques; individual and small-group feedback on interim writing assignments; and guidance on seeking publications. Credit may not be earned for both this course and Law 6657. Permission of the instructor of the course for which the research paper is to be written is required. Enrollment is limited. This course is graded on a CR/NC basis. (Writing Assignments)

DeSanctis, Gambert

Limited to students selected to assist in teaching first-year Legal Research and Writing (Law 6216) and Introduction to Advocacy (Law 6217). Two credit hours may be earned in both the fall and spring semesters. This course is graded on a CR/NC basis.

Field Placement

L. Brown, Burgess, Mirko, Siconolfi

Students who have already taken a co-requisite course in conjunction with a previous placement (for which they earned Field Placement credit) may be eligible to waive the co-requisite course requirement and participate in Advanced Field Placement. Students will receive no additional credit(s) beyond those awarded for their externship (see Law 6668). The Advanced Field Placement Program provides students who have previously participated in the Field Placement Program with the opportunity to maximize their externship experiences through contemporaneous guided reflection and faculty supervision. All waiver requests must be approved by the assistant dean for field placement. Students participating in Advanced Field Placement are required to complete reflective learning exercises under the supervision of a designated faculty member. Advanced Field Placement is not available to students seeking credit for international externships or participating in GW in New York, regardless of any previous co-requisite course(s) taken. Concurrent registration: Law 6668. Pre-Requisite: Law 6469, 6669, 6670, 6671, 6672, 6674, or another Law School course along with Law 6673, as determined by the assistant dean for field placement. (Reflective Assignments)

Tillipman

Students earn academic credit for externships with qualifying  judicial, government, and non-profit (501(c)) organizations. Students may participate in the Field Placement Program after they have successfully completed the Law School's full-time first-year curriculum. Students who have not completed the entire full-time first-year curriculum may be eligible to participate in the Program if they can demonstrate that their placement will provide sufficient contemporaneous training to ensure the quality of the student educational experience in the Field Placement Program. During the fall and spring semesters, the placement must be located in the Washington, D.C. metropolitan area (this geographic restriction is inapplicable to the GW in New York program). Students may earn credit for externships outside of the D.C. metropolitan area, including international internships, during the summer session only. In order to enroll in the summer distance classes for U.S. placements, students must have completed at least 28 credits toward the J.D. degree. Students must complete two full academic years of law school prior to receiving credit for an international field placement. A list of pre-approved placements is available on the Law School portal and in the Field Placement Program Office. If a placement has not been previously approved, the assistant dean for field placement must approve the placement in order to finalize registration. Students enrolled in this course must fulfill a classroom component requirement by enrolling concurrently in Law 6469, 6669, 6670, 6671, 6672, 6674, or in another Law School course along with Law 6673, as determined by the assistant dean. Students who have already taken a corequisite course in conjunction with a previous placement (for which they earned Field Placement credit) may be eligible to waive the corequisite course requirement and participate in Advanced Field Placement (See Law 6667). All waiver requests must be approved by the assistant dean for field placement. Advanced Field Placement is not available to students seeking credit for international externships or participating in the GW in New York Program, regardless of any previous corequisite course(s) taken. Students may enroll concurrently in this course and any other clinical course only with the permission of both instructors. This course is graded on a CR/NC basis and requires students to complete 60 hours of work and 5 pages of original and substantive writing per credit. Students may earn up to 4 field placement credits per semester for a total of no more than 8 credits for this course in their degree program.

Students participating in the Domestic Violence Project must register for this course for 1 to 4 credits and enroll concurrently in Law 6674. Students participating in Environmental Lawyering must register for this course for 1 to 4 credits and enroll concurrently in Law 6469. Permission of the assistant dean for field placement is required prior to registration in this course and any corequisite courses. Additional information about the program, including a detailed description of program requirements, its registration process, and other policies and procedures is located in the Field Placement Program Student Handbook. Students are responsible for reading the handbook and complying with all program policies and procedures. (Skills/E)

Beck, Canan, H. Greene, Iscoe

Current issues in judicial ethics, judicial administration, and the trial and appellate process. Topics include standard of review, statutory interpretation, the role of precedent, ethical issues and judicial activism. This course is corequisite for students enrolled in Law 6668 in a judicial placement, as determined by the assistant dean for field placement. Students not concurrently enrolled in Law 6668 may enroll in an on-campus section of this course only with the permission of the instructor and the assistant dean for field placement. Enrollment is limited. This course is graded on a letter-grade basis. (Research paper) (E-This is a co-requisite course and will qualify as an experiential "E" course, when paired with a field placement (Law 6668))

Angel, Conti, Cook, Hooks, Maxwell, Runge

Examination of the role of the public interest lawyer. The lawyer’s role and responsibilities in different branches of government and in public affairs, both historically and currently; ethical issues; identification of public interest clients and the potential for conflicts of interest among them; organizational settings; and the politics of public interest lawyering. This course is corequisite for students enrolled in Law 6668 in a non-profit or non-governmental placement, as determined by the assistant dean for field placement. Students not concurrently enrolled in Law 6668 may enroll in an on-campus section of this course only with the permission of the instructor and the assistant dean for field placement. Enrollment is limited. This course is graded on a letter-grade basis. (Research paper) (E-This is a co-requisite course and will qualify as an experiential "E" course, when paired with a field placement (Law 6668))

Farel, Gardner, Gavoor, Goldsmith, Kisslinger, Long, LoRe, Mahini, Su

The role of the lawyer in federal government agencies. Agency adjudication and rulemaking; judicial review; enforcement; regulatory reform; the role of the office of general counsel; ethical issues; prosecutorial discretion; alternative dispute resolution; the Freedom of Information Act; and congressional relations. This course is corequisite for students enrolled in Law 6668 in a government agency placement, as determined by the assistant dean for field placement. Students not concurrently enrolled in Law 6668 may enroll in an on-campus section of this course only with the permission of the instructor and the assistant dean for field placement. Enrollment is limited. This course is graded on a letter-grade basis. (Research paper) (E-This is a co-requisite course and will qualify as an experiential "E" course, when paired with a field placement (Law 6668))

Snider

Examination of the role of lawyers in the field of international law and related cross-border legal practice. The course enriches student understanding of the work of an international lawyer, examines ethical issues, and supports student professional development. The course also provides opportunities to reflect on students’ experiences in their international externships in order to help enrich their experience. This course is corequisite for students enrolled in 6668, as determined by the assistant dean for field placement. Students not concurrently enrolled in Law 6668 may enroll in an on-campus section of this course only with the permission of the instructor and the assistant dean for field placement. Enrollment is limited. (Research paper) (E-This is a co-requisite course and will qualify as an experiential "E" course, when paired with a field placement (Law 6668))

This course is corequisite to Law 6668, Field Placement, for students whose classroom component is fulfilled by a course designated by the assistant dean for field placement other than Law 6469, 6669, 6670, 6671, 6672, or 6674. Requirements of this course include writing a 15-page research paper under the supervision of the instructor of the approved course and meeting with the instructor at least three times during the semester to discuss the paper and the externship experience. This course is graded on a letter-grade basis. Registration is permissible only with the prior express approval of the assistant dean for field placement. (Writing assignments)

Meier

Social change lawyering in the battered women’s movement. Major legal reforms of the past four decades, domestic violence lawyering skills, the challenges of work in this field, and students’ professional development. This course is corequisite to Law 6668 for students enrolled in a domestic violence legal placement, including trial work with a local legal service provider on domestic violence cases, policy or legislative work on domestic violence issues with a national organization or appellate work with the Domestic Violence Legal Empowerment and Appeals Project (DV LEAP) and pro bono attorneys in law firms. Students not concurrently enrolled in Law 6668 must have the instructor’s permission to register for this course. (Writing assignments) (Skills/E)


Graduate Courses in Litigation and Dispute Resolution

Conduct of a simulated civil, criminal, or administrative trial before a jury or judge. Students learn to present persuasive opening statements and closing arguments and to conduct forceful direct and cross-examination of fact witnesses and experts. Ethical, evidentiary, procedural, and substantive aspects of litigation. Practical solutions to typical problems litigators encounter in the presentation of a case. At the conclusion of the course, students undertake the trial of a simulated case from opening statement through jury deliberation before a judge or very experienced litigator. Enrollment is limited. Open to LL.M. students. Limited enrollment by J.D. students with the written permission of the program director. (Simulation)

An introduction to alternative dispute resolution, with a focus on the many ways in which ADR can be used effectively by the advocate. Issues include determining whether ADR is appropriate in a given case, the timing of an ADR process, and the type of process that should be used. The role of the advocate during a mediation or other dispute resolution process, e.g., the selection of the neutral, preparing for a mediation, and the advocate’s participation in the mediation itself. Emphasis on the mediation of civil cases, with a briefer discussion of the use of ADR in the criminal justice context. Enrollment is limited. Open to LL.M. students. Limited enrollment by J.D. students with the written permission of the program director. (Simulation)

A. Robinson, Keenan, Z. Rainey

Students are divided into simulated law firms and assigned roles that correspond to the pre-trial tasks lawyers routinely are called upon to perform in civil cases. The exercises begin with discovery, and students attend a Fed.R.Civ.P.26(f) meeting, dealing with required disclosures and other preliminary discovery matters. Students prepare discovery motions and responses, take and defend depositions, file dispositive motions, attend a pre-trial conference, and prepare a joint pre-trial memorandum. By the end of the course, each student will have simulated moving a case from the filing of a complaint to the eve of trial. Enrollment is limited. Open to LL.M. students. Limited enrollment by J.D. students with the written permission of the program director. (Simulation) (Skills/E)

Borchini, Schaller

Ethical issues that come into play once disputes have arisen and litigation has either commenced or been threatened. The ethical rules that govern threats to sue and responses to such threats, and the rules that are important once litigation has commenced. Each class focuses on a hypothetical problem involving an ethical issue or set of issues. Each hypothetical scenario focuses on the lawyer’s duty to the client and to the court through role playing. Enrollment is limited. Open to LL.M. students. Limited enrollment by J.D. students with the written permission of the program director. (Simulation) (Skills/E)

Gilligan

How the rules of evidence can be used to build and present a case more effectively. Theory and philosophy of the rules of evidence; scope of attorney–client privilege in corporate and government litigation; joint defense agreements; vicarious admissions in civil and criminal litigation; hearsay; expert evidence; character evidence rules; motions in limine; impeaching witnesses; laying foundations; exhibits and charts; and the evidentiary difference between bench and jury trials. Enrollment is limited. Open to LL.M. students. Limited enrollment by J.D. students with the written permission of the program director. Prerequisite course: LAW 6230. (Simulation) (Skills/E)

Miller, Mott

Focus on a variety of issues that arise in civil and criminal jury trials in federal and state courts. Topics include separating  Judicial from jury functions; the jury pool; the grand jury; jury voir dire; challenges for cause and peremptory challenges; scientific jury selection: jury instructions; verdict forms; presentation of evidence; jury nullification; improving  Juror participation; impeaching verdicts; and high-publicity trials. Enrollment is limited. Open to LL.M. students. Limited enrollment by J.D. students with the written permission of the program director. (Simulation) (Skills/E)

Horn

Analysis of negotiation techniques, verbal and nonverbal communication, and other factors that influence interpersonal communication in a typical negotiation. Introduction to the theories, principles, and practices of organizational development and dispute systems design. Focus on strategies for designing systemic approaches to resolve a cluster or stream of disputes in particular organizations or institutions, including government agencies, educational and health care settings, corporations, and nonprofit organizations. The concept of “negotiating” with clients in order to develop effective conflict management systems. Enrollment is limited. Open only to LL.M. students. (Simulation) (Skills/E)

Bowen

Development of complex dispute cases involving multiple parties. International case law and conventions, including  Jurisdiction, forum selection, comity, enforcement, and application and proof of foreign law. Students work in teams to prepare motions, gather evidence, interview and depose fact and expert witnesses, interview clients, develop and present opening and closing arguments, and conduct direct- and cross-examination of lay and expert witnesses. Simulation exercises include adjudication of disputes through role playing and preparation and participation in a mock trial. Enrollment is limited. Open to LL.M. students. Limited enrollment by J.D. students with the written permission of the program director. (Simulation) (Skills/E)

Saltzburg

An intensive, six-day course focusing on trial simulation and role playing. A varying panel of experienced lawyers and judges discuss and demonstrate trial skills and ethics, and oversee and critique small-group simulations by students in making opening and closing statements and in conducting direct- and cross-examination of experts and other witnesses. Enrollment is limited. Students who receive credit for Law 6640, Trial Advocacy may not enroll in this course. (Simulation) (Skills/E)

Weinberg

Students in this course are assigned alternating roles as prosecutor and defense counsel in order to simulate the pre-trial tasks that lawyers routinely perform in criminal cases. Thereafter, students review the conduct of grand jury proceedings, arraignments, bail hearings, preliminary hearings, suppression hearings, plea bargaining sessions, and plea hearings before the trial judge. Students conduct discovery and write and argue orally pre-trial motions and responses. By the end of the course, each student will have simulated litigating a case from arrest and indictment to the eve of trial. Motions made or renewed at trial or post-trial proceedings also will be addressed. Enrollment is limited. Open to LL.M. students. Limited enrollment by J.D. students with the written permission of the program director. (Simulation) (Skills/E)

Falk, Sr., J. Falk

The arbitration process from making arbitration agreements to making and enforcing awards. Arbitration versus traditional civil litigation. Types of arbitrators and their selection. Procedural, evidentiary, and ethical rules in arbitration practice. Enrollment is limited. Open only to LL.M. students. (Writing assignments and oral exercises)

Special Courses for Graduate Law Students

Students must register for two consecutive semesters and cannot register for both courses in one semester. In addition to identifying a member of the full-time faculty to serve as thesis adviser, students are required to attend scheduled class sessions, which cover issues such as topic selection, specialized research, and the process of organizing and writing the thesis.

Required for LL.M. students who do not hold a J.D. degree from a U.S. law school and international M.S.L.-IP students. Topics include research in primary, secondary, and specialized sources of law; legal citation; the structure of a legal memorandum; writing style; and plagiarism. Students prepare legal memoranda and perform specific research and writing assignments. The director of the International and Comparative Law Program may waive the requirement of this course for students who have taken a similar course at another U.S. law school.

Required for LL.M. students who do not hold a J.D. degree from a U.S. law school and who intend to sit for a bar examination in the United States. The course provides an advanced focus on legal research, writing, and analysis. Students prepare short legal writing assignments and legal memoranda.

Required for LL.M. students who do not hold a J.D. degree from a U.S. law school and all M.S.L.-IP students. The course covers fundamental topics in U.S. law (e.g., constitutional law, contracts, civil procedure, federal courts, conflicts of law, torts, corporations) and introduces students to U.S. legal methods. The director of the International and Comparative Law Program may waive the requirement of this course for students who have taken a similar course at another U.S. law school and who successfully pass a test administered by the director that demonstrates knowledge of the subject matter. (Examination)

Students independently arrange paid positions with outside organizations in order to obtain in-depth practical experience. The placement should provide on-the-job practical training for career preparation or advancement. Prior approval must be obtained from the associate dean for international and comparative legal studies. No academic credit is given for this course.

Staff

Students enrolled in this course must prepare 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. The course is limited to graduate students who have had a seminar or comparable course in the field of proposed research. Students are responsible for obtaining an advisor from the full- or part-time faculty who is willing to sponsor their research. Written approval by the faculty supervisor, the graduate program director, and either the senior associate dean for academic affairs or associate dean for academic affairs is required prior to registration. Work must be completed within the semester. Students may repeat this course once for credit with the approval of the Dean of Students Office, but students may not take more than a total of 2 credits in this course under supervision of parttime faculty members. The availability or non-availability of this course to particular students does not preclude any students from enrolling in Law 6656. (Research paper)

Staff

Limited to LL.M. candidates. Practical experience in the student’s area of specialization or interest. The student may work with a government agency, congressional committee, court, or other such entity performing tasks normally assigned to an attorney. Course approval must be obtained from the student’s faculty adviser and/ or the dean. Students enrolled in either the Environmental Law or Government Contracts program should refer to Law 6468 and Law 6510. A maximum of 4 credit hours may be applied toward graduation. Five hours of work per week are required for each credit. This course is graded on a CR/NC basis.

Candidates for the Doctor of Juridical Science degree must register for this course in four consecutive semesters (excluding the summer session), beginning with the semester of matriculation. No academic credit is given for this course.

GW in New York City Program

Students register for an approved four-credit externship, along with a two-credit co-requisite course entitled Business Lawyering (6810), and register for additional law school courses offered by the program in New York City. Applications are accepted from second and third year GW J.D. candidates; admission is both competitive and conditional upon securing an approved externship and otherwise being consistent with a student's aspirations and curricular needs, including in relation to graduation requirements.

Cunningham

Examines the role of attorneys practicing business or finance law. A required course for students enrolled in the GW in New York Program, the course is designed to integrate doctrine, theory, skills, ethics, and policy.  It takes multiple perspectives, starting with students' varied externships and what students can learn from the experience of professional practice. It considers challenges in the business law setting such as counseling; crisis response and investigation; and prevention and compliance. There is regular weekly discussions of externship experience; periodic written assignments; and the preparation of an associated research paper. This course is corequisite for students enrolled in Law 6668 in a New York-based, business or finance lawyering placement, as determined by the Assistant Dean for Field Placement. Enrollment is limited. This course is graded on a letter-grade basis. (Research paper)


GW-Oxford International Human Rights Law Program

The courses in this section are available primarily through the Law School’s summer program on human rights law, offered in conjunction with the University of Oxford and held on its campus. Selected courses also may be offered at the Law School. In addition to the courses listed below, the GW–Oxford program curriculum offers International Law of Human Rights (6546), as Fundamentals of International Human Rights Law, and Human Rights Lawyering (6568).

Examination of the protection of refugees, asylum seekers, and the internally displaced under the U.N. Refugee Convention and other international instruments, regional accords, and national law. Emphasis is placed on considering the various conceptions of “refugee,” defining persecution, and understanding the rights of asylum and non-expulsion. Regional developments in Europe, Southeast Asia, and Africa are covered. The predicament of populations at risk, especially women and victims of war or conflict, is discussed. The consequences for the human rights of forced migrants of humanitarian intervention, safe havens, and economic sanctions are analyzed. (Class participation and examination)

Legal and practical challenges that arise from a state’s obligation to protect economic, social, and cultural rights (ESCR), and the conceptual framework for those rights. Mechanisms and tools for implementation of ESCR, including the right to housing, health, food, water, education, and work. Obligations of states for human rights beyond their borders. (Class participation and examination)

The impact of international human rights standards on global trade, corporate governance and competition, international finance, and economic development. Basic principles and institutions; market-based initiatives toward corporate responsibility (i.e., efforts by companies to attract consumers and investors by voluntarily adopting human rights codes of conduct or social accountability standards); domestic regulation (directives and legislation in various countries that, through human rights conditionality, attempt to recruit the transnational corporation as an instrument of foreign policy); civil liability (the enforcement of standards against corporations through private lawsuits in domestic courts); and international regulation (under which intergovernmental organizations attempt to channel corporate conduct in ways that are thought to be socially responsible). (Examination)

Application of the international human rights framework to constructions of gender and sexuality. The politics of gender and sexual diversity within the universality of human rights, legal pluralism, and cultural relativism. Relevance of international human rights law to the global response to the HIV/AIDS epidemic. (Class participation and examination)

Major treaties and international instruments (both U.N. and regional) relating to women’s rights; standards of sex discrimination as developed by international tribunals and domestic courts; interaction of international and domestic law in the context of women’s human rights; feminist and activist theories and critiques of state responsibility for violence against women; conflicts between women’s rights and religious or cultural rights.

This course offers students the opportunity to develop skills in human rights advocacy and dissemination. Through the use of simulation exercises, such as the preparation of petitions to regional and international human rights bodies, country condition reports in support of litigation in national courts, and applications for refugee status, students engage in critical analysis of the methods and strategies for human rights advocacy at the local, national, regional, and international levels. Emphasis also is placed on the training of officials in human rights standards and the dissemination of such information to the general public. Students who receive credit for Law 6570 may not enroll in this course. (Simulation exercises and class participation)

There is perhaps no greater example of the double-edged sword than the Internet. It is, on the one hand, the greatest tool (or set of tools) for access to information in human history, a great democratizing force in media, a source of connection for vulnerable communities and individuals. And yet it is provides governments and corporate actors with profound access to our opinions, curiosities, desires and relationships, a tool for surveillance and attack, propaganda and censorship. The UN General Assembly and Human Rights Council have repeatedly noted that offline rights apply online, but how? In what ways in digital space different from the physical world for human rights purposes? This course will introduce students to the variety of human rights issues at stake in a digital age. It will focus on the right to freedom of expression found in Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Students will spend the first week addressing general issues of freedom of expression in order to set the scene for the more detailed discussion of the most salient issues of freedom online, to which the subsequent weeks will be devoted. While the course is "about" human rights online, its secondary but nonetheless critical aim is to highlight for students the ways in which human rights mechanisms at international and regional levels are shaping the norms pertaining to freedom on line and how they may be used for purposes of advocacy and scholarship. (Class participation and examination)

Examination of international human rights issues that arise when governments use military force, instead of traditional civilian law enforcement methods, to respond to terrorism or the threat of terrorism. Topics include definitions of terrorism and military force; basic authority of governments to use military force against suspected terrorists; and human rights questions posed by military actions such as surveillance of civilian populations to detect terrorist activity, targeted killings and destruction of property of suspected terrorists, and the detention, interrogation, trial, and other punishment of persons accused of terrorism. Consideration of the duty of governments to use military force to provide security against terrorism and the rights of persons injured by military responses to terrorism to receive compensation. (Examination)

The international legal regime applicable during times of armed conflict. Protection and promotion of international human rights law in post-conflict situations, with emphasis on the role of United Nations peacekeeping operations. (Examination)

Munich Intellectual Property Summer Program

The courses in this section are offered through the Law School’s summer program in intellectual property law held in Munich, Germany. In addition to the courses listed below, the Munich program curriculum offers 1-credit versions of other courses listed in the Bulletin such as Computer Crime (6369), The Federal Circuit (6477), Internet Law (6493), and Intellectual Property Law Seminar (6496).

Issues raised by international trade in goods protected by copyright, patent, or trademark law, and the response of the United States, the European Union, and other legal systems to those issues. Exploration of various doctrines that regulate the importation of goods protected by intellectual property rights, such as those forbidding parallel importation and those dealing with the first-sale doctrine and exhaustion of intellectual property rights. The economic and social policy considerations underlying these doctrines. (Examination)

Introduction to the techniques of international patent regulation and consideration of the effects and desirability of such regulation. International agreements concerning patents, including the Paris Convention, the Patent Cooperation Treaty, the European Patent Convention, and the Trade Related Aspects of Intellectual Property (TRIPs) Agreement. GW degree candidates may not receive credit for both Law 6841 and 6490. (Examination)

Social policy issues such as encouragement of innovation and dissemination of information in relation to patent protection. Topics include differing attitudes in the United States, the European Union, and developing countries toward the expansion of patent coverage. (Writing assignments)

Technologies used to protect authors’ rights (such as encryption, flags, degradation schemes, and watermarking) and the law that protects and regulates them, including the U.S. Digital Millennium Copyright Act, the European Copyright Directive, the World Intellectual Property Organization (WIPO) Copyright Treaty, and the WIPO Performance and Phonograms Treaty. Consideration of the impact of these technologies. (Examination)

Selected themes in the history and theory of intellectual property, including philosophical rationales for intellectual property rights, the debate over the limits to intellectual property protection from the eighteenth through the twentieth centuries, and historical accounts of the intellectual property system. (Writing assignment)

Conflicts of customary law claims of indigenous peoples with industries operating under Western intellectual property systems over the use of natural resources, traditional knowledge, and folklore. National and regional legislation and efforts to develop international norms and standards. (Examination)

Legal issues arising from technology licensing in the European Community, including antitrust considerations in the framework of Art. 81 of the EC Treaty and the legal means of securing and enforcing technology license contracts. The Technology Transfer Block Exemption Regulation (EC) No. 139/2004 and the secured transactions laws of England and Germany. (Examination)

Regulation of terms that indicate or once indicated the geographic origin of goods or services (e.g., champagne, California Pizza Kitchen). Comparative study of U.S. and European Community approaches; the impact of international treaties, including the U.S.–EC dispute before the World Trade Organization; implications for affected industries; and broader cultural implications. (Examination)

Contract and copyright issues arising out of software contracts. Contractual attempts to authorize or restrict copying and use of software; the proper legal characterization of software and software contracts; copyright limitations on contractual terms; formation of software contracts and potential remedies for their breach. (Examination)

Consideration of the changing role of the copy in copyright law and in cultural dissemination, using materials drawn from law, cultural history, sociology, and art theory. Articulation of features of traditional dissemination through discrete copies and the alteration of those features through digital network distribution and typical rights management permission bundles. The effect of audio and video recording and computer technologies on our understanding of the copy, and proposals for reform of the statutory exclusive rights. (Examination)

Introduction to the law of technology protection (patent and trade secret law) in Europe, including basic institutions, obtaining protection, exploitation and licensing, and enforcement. Overview of European trademark institutions. (Examination)

Introduction to intellectual property (IP) law in China, focusing on technology, commercialization and IP enforcement, and practical aspects of China IP strategy from the perspective of foreign businesses entering the Chinese market. Major themes include recent IP legislative developments in China, recent landmark cases, and pitfalls and risks in acquiring and transacting in IP in China. (Examination)

Consideration of the tensions in copyright law between an artist’s right to control his or her work in terms of access, use, and presentation, and of other artists’ freedom to remix, sample, parody, and otherwise transform existing content. Comparative examination of policy approaches taken by jurisdictions that emphasize “fair use,” such as the United States, and jurisdictions that emphasize “moral rights,” such as France and Germany, using examples drawn from music, film and publishing. (Examination)

National Security and U.S. Foreign Relations

Selected topics in national security law to be announced at the time of registration. This course may be repeated for credit provided the topic differs. Enrollment may be limited. (Examination, take-home examination, research paper or writing assignments)

Dickinson, Altenburg, Apperson

U.S. law (and incorporated international law) affecting national security. Topics may include the use of armed force abroad (general war, defensive war and reprisal, peace and stabilization operations); intelligence operations abroad (history, organization and oversight, legal issues in the field); selected issues of counterterrorism; and access to and protection of classified information (classification, Freedom of Information Act (FOIA), state secrets privilege, leak control, prior restraints on publication). Students who have previously taken or are concurrently enrolled in Law 6875 must have the instructor’s permission to enroll in this course. (Examination)

Murphy, Swaine, Apperson, Matheson

The nature and origins of the federal government’s foreign relations powers; cooperation and competition between the executive and legislative branches; the role of the courts in foreign affairs; limitations on state powers touching on foreign affairs; treaties, executive agreements, and customary international law and their relationship to U.S. domestic law; the extraterritorial application of U.S. law; and sovereign and official immunities. (Examination)

Bartee-Robertson, M. Smith, E. Wallach

Selected topics in national security law to be announced at the time of registration. Enrollment is limited. (Research paper)

Schenck

The military justice system as a separate criminal justice system established by Congress due to the unique nature and mission of the U.S. Armed Forces. Policies, principles, standards, and rules governing the military justice process from investigation through trial and the appellate process. Review of the commander’s role throughout the system. Detailed review of substantive military criminal law and peculiarly military offenses. Analysis of military criminal procedure as well as alternate actions available to dispose of criminal misconduct cases, including administrative separations from the Armed Forces. LL.M. students with prior military law experience may enroll only with the permission of the instructor. (Examination)

Gilligan

Analysis and critique of the broad concept of a separate military justice system; similarities between rules of evidence and rules of criminal procedure in the military and civilian systems; the role of Congress in overseeing the military criminal system; application of the First, Fourth, Fifth, and Sixth Amendments to service members; and broad policy issues such as the systemic challenges to the military justice system. LL.M. students with prior military law experience may enroll only with the permission of the instructor. (Examination or research paper with permission of the instructor)

Letter

Analysis of legal mechanisms in the fields of criminal, civil, military, immigration, and administrative law used by the U.S. government to combat domestic and international terrorism. The effectiveness of government actions and alternatives for achieving public safety goals; the effect of such actions on U.S. citizens and citizens of other countries; and the reaction of federal courts and Congress to executive branch actions.  Students who have previously taken or are concurrently enrolled in Law 6870 must have the instructor’s permission to enroll in this course. (Examination or take-home examination)

Robertson, M. Rosen

Legal issues related to homeland security before September 11, 2001, and the adoption of the Homeland Security Act of 2002. Protection of critical infrastructure; information sharing; liability for terrorist attacks; risk insurance; attempts to prevent the use of weapons of mass destruction; threats to electronic infrastructure; and combating the financing of terrorism. (Examination or take-home examination)

Jonas

The use of international agreements, legislation, and regulations to deter acts of nuclear terrorism. Major international agreements, programs, and efforts to stop nuclear proliferation. (Take-home examination)

Richard

Identification and analysis of current legal questions that face intelligence practitioners. Constitutional, statutory, and executive authorities that govern the intelligence community; intelligence structures of other countries; the natural tension between law enforcement and intelligence activities. U.S. person protections, covert action, FISA, and data mining. The course may include application of intelligence law to hypothetical scenarios and student-generated legislative approaches to intelligence law problems. Recommended: Law 6870 or 6875. (Class presentation and research paper)

Rosenzweig

Issues relating to the organization of the Internet and the federal government’s response to cyberthreats. Legal concepts relating to the private sector and civilian government engagement in cyberspace. Application of traditional laws of armed conflict in the new cyberdomain. (Research paper or take-home examination with permission of the instructor)

Abbott

The U.S. law applicable to natural and man-made catastrophes, including those caused by terrorist attacks and public health emergencies. Topics may include the role of federalism; pre-disaster mitigation and prevention programs; the National Response Framework; the role of the military; the tension between individual rights and government action in emergencies; disaster resistance, compensation, and insurance; long-term recovery; and international disasters. (Research paper)