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2015-2016 School of Law Academic Catalog
Mississippi College School of Law
   
 
  Mar 29, 2020
 
2015-2016 School of Law Academic Catalog 
    
2015-2016 School of Law Academic Catalog

Course Descriptions


Courses marked with an asterisk (*) have not been offered in the last three years.  We have kept them in the catalog after a faculty review because we have plans to offer them in the next two years.

 

Law

  
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    LAW 500 - Principles of Legal Analysis

    Credits, 0 sem. hr.
    This course is designed to help first year students further develop analysis and writing skills, including rule analysis, case briefing and statutory interpretation. Focus will be on the integration of specific skills and exercises that are both substantively relevant and address specific areas of concern in the first year doctrinal classes, while focusing on thoughtful analysis and essay writing techniques. Active learning and self-assessment will be emphasized throughout the course, and extensive individualized feedback will be an important component.

    This course is offered on a Pass/Fail basis.

  
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    LAW 502 - Torts I

    Credits, 3 sem. hrs.
    General principles of civil liability for breach of duty created by law, including: intentional interference with person and property and privileges thereof; negligence and the defenses thereof; damages, wrongful death and survival, imputed negligence, strict liability, products liability, nuisance, misrepresentation, defamation, privacy, misuse of legal procedure, interference with advantageous relationships and major statutory modifications (no-fault insurance).

  
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    LAW 503 - Torts II

    Credits, 2 sem. hrs.
    Continuation of Torts I .

  
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    LAW 504 - Products Liability

    Credits, 2 sem. hrs.
    A study of the law relating to liability for injuries caused by defective products, including an examination of theories of liability, potential defendants, defenses, issues of proof, causation, damages, and regulatory issues.

  
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    LAW 505 - Advanced Torts

    Credits, 2-3 sem. hrs.
    This course will explore significant areas of tort law not covered in Torts I  and Torts II  and not otherwise covered in the curriculum. Topics may include the law of defamation, privacy, interference with advantageous relations, misuse of legal procedure, and misrepresentation.

  
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    LAW 506 - Contracts I

    Credits, 3 sem. hrs.
    Fundamental concepts and principles of contract law and the law of sales, including competency of parties, offer and acceptance, consideration, mutuality, counteroffer, rejection, lapse, execution, breach, remedies, assignment, third party beneficiaries, parole evidence, Statute of Frauds, and discharges. Relevant U.C.C. provisions are studied in conjunction with certain concepts or principles.

  
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    LAW 507 - Contracts II

    Credits, 3 sem. hrs.
    Continuation of Contracts I .

  
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    LAW 508 - Sales and Leasing

    Credits, 3 sem. hrs.
    A study of Articles 2 and 2A of the Uniform Commercial Code and other state and federal statutes governing the sale and lease of goods. Coverage may also include selected provisions of the United Nations Convention on the International Sale of Goods.

  
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    LAW 509 - Mission First Legal Aid Clinic

    Credits, 3 sem. hrs.
    The Legal Aid Clinic will provide skill-focused instruction reinforced by providing legal advice and assistance to clients. Students may participate in client interviewing, client conflict records, client communication, legal research, document preparation, court proceedings and trial in the subject matter areas of government benefits, housing, consumer matters, income tax, guardianship, child support, and family law matters. Students will meet with the instructor for one hour per week during the semester. Each student will be required to log a total of at least 150 hours of time in classroom meetings, a trial, hearing or other proceeding. All participants will be supervised by the course instructor. Class enrollment is limited. Graduating third year students will be given preference if there are more applications than available clinic openings. Students must be eligible for admission under Mississippi Law Student Limited Practice Act.

  
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    LAW 510 - Hazardous Waste Law

    Credits, 2 sem. hrs.
    This course will provide an overview of civil and criminal liability for hazardous waste contamination and the federal law concerning hazardous waste treatment, storage and disposal. Course readings and discussion will emphasize CERCLA and RCRA.

  
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    LAW 517 - Comparative Products Liability

    Credits, 2-3 sem. hrs.
    This course provides an introductory survey of Comparative Law with a focus on the Civil Law and Common Law legal traditions. Topics will include the history of these traditions, structures and roles of legal institutions within these traditions, sources of law and interpretive practices. The course will then focus on comparative study of the law of products liability with emphasis on the American and European approaches to liability for injuries caused by defective products, theories of liability, defenses, proof, causation, damages and regulatory issues.

  
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    LAW 518 - Comparative Corporate Governance and Securities Regulation

    Credits, 2-3 sem. hrs.
    This course presents a comparative overview of corporate governance issues and Securities Regulation focusing on the US, the European Union and some Asian countries. It seeks to encourage the study of comparative law as a means of thinking about law in a globalized economy.  The course will provide an introduction to economic theories as well as an analysis of the OECD Principles of Corporate Governance. Specifically, the laws and practices in the United States and some European Union Member States will be discussed and compared. The course will also compare the regulation of securities transactions in these jurisdictions. Issues considered will include the public offering of securities to investors outside an issuer’s home country, the periodic disclosure required of an issuer whose shares are held by investors outside its home country, and the reach abroad of nationally based anti-fraud regimes.

  
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    LAW 519 - The Civil War and the Constitution

    Credits, 3 sem. hrs.
    This course will examine the constitutional history of the United States from 1845 to 1877, paying attention to how the U.S. Constitution shaped the Civil War, and also to how the war left its mark on the Constitution. In this seminar, we will discuss such issues as congressional power to regulate slavery in the territories, the problem of race and slavery in constitutional law, suspension of civil liberties during wartime, congressional and presidential war powers, the respective powers of the state and federal governments, and the meaning of the Reconstruction (13th, 14th, and 15th) Amendments. Grades will be based on an original research paper, class participation, and a presentation on the research performed for the paper. The required paper will satisfy the writing requirement.

  
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    LAW 520 - Legal Project Management

    Credits, 2 sem. hrs.
    Prerequisite(s): Students must have completed sixty credit hours.

    This course will investigate the reliance upon the billable hour by both law firms and clients. The course will evaluate the problems with the billable hour, including ethical considerations, and will review common complaints by clients at the various stages of the engagement. These concepts will form the baseline for a study of legal project management and the need for a more methodical and predictable approach to the management of legal matters and teams. The course will evaluate the use of these tools in small engagements, repetitive commodity engagements, electronic discovery, document review and engagements involving unique legal issues. The course will conclude with a class exercise where students will implement these techniques in a mock legal engagement. Students must have 60 credits prior to taking this course.

  
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    LAW 521 - Comparative Law

    Credits, 2-3 sem. hrs.
    This course provides a survey of Comparative Law with a focus on the Civil Law and Common Law legal traditions. Topics covered include the history of each tradition, the structures of government and court systems, legal education, the roles played by legal actors, civil and criminal procedure, and sources of law as well as interpretive practices. The course also considers selected problems in comparative constitutional law. Among the topics discussed are: comparative individual rights and liberties, including the rights of the accused, constitutional entrenchment, the structure and procedure used by constitutional courts, foundational case narratives, separation of powers in comparative perspective, and federalism in comparative perspective. In the Summer Legal Studies in Merida program, special attention will be given to these doctrines and procedures in Mexico, especially in the State of Yucatán.

  
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    LAW 522 - Constitutional Law

    Credits, 4 sem. hrs.
    History and development of the U.S. Constitution; the judicial role in constitutional interpretation; the division of powers among the three branches of government; relation of the federal government to the states; constitutional limitations on the federal government and the states as related to the protection of individual freedoms, rights and guarantees.

  
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    LAW 524 - First Amendment

    Credits, 3 sem. hrs.
    A study of the development and current status of constitutional law governing establishment and free exercise of religion, and free speech, press, assembly, and petition.

  
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    LAW 525 - Capital Punishment Law

    Credits, 2 sem. hrs.
    This course will examine the complex substantive and procedural law governing the imposition of the death penalty in the United States. The course will focus on the development of Eighth Amendment jurisprudence, discuss the role of aggravating and mitigating evidence, and consider limitations on eligibility for the death penalty. In addition, the course will analyze issues affecting the death penalty, including race, poverty, a client’s mental health, the adequacy of counsel, and prosecutorial discretion. Procedural issues, including motion practice and the pleading and practice associated with the state post-conviction petitions and federal habeas corpus petitions will also be discussed. The course use a standard casebook, and will also involve the students in solving problems taken

  
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    LAW 526 - Themes in Comparative Constitutional Law

    Credits, 1-3 sem. hrs.
    This course illuminates important concepts and themes in constitutional law by considering them from competing national and international perspectives.  The course begins with a general introduction to the concepts of constitutionalism, rights, duties and rule of law.  The course then addresses the different roles constitutions play in different states.  The course will then shift to focus on a specific them in comparative constitutional law such as Religious, Racial, and Ethnic Pluralism; Separation of Powers; Social Welfare Rights; or Freedom of Expression.  The specific theme may differ from semester to semester.  Students may be required to write and present a paper.  When this course is offered for two credit hours and a paper is required, students who wish to use the paper toward satisfaction of the writing requirement may do so.  When this course is offered for three credit hours and a paper is required, the paper will satisfy the writing requirement.

  
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    LAW 527 - Solo and Small Law Practice

    Credits, 2 sem. hrs.
    This course provides an introduction to the overall practice of law in small and solo firms and the practice of law in small towns and rural settings. Similar to law practice management, this course places a particular emphasis on the management of solo and small firm practice. Students explore the decision to start a solo or small law practice; how to build that practice; affiliational arrangements and partnership agreements; particular management issues; ethical and malpractice pitfalls and malpractice insurance; substantive and administrative systems; law library and other information resources; computer hardware and software; client development and client relations; fee setting, billing, and collection; financial planning and budgets and problems most often associated with the practice of law in small and solo practices that tend to exist mostly in small towns and rural areas.

     

  
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    LAW 530 - Clean Water Act and Wetlands

    Credits, 2 sem. hrs.
    This course will present an introductory survey of the Clean Water Act’s water pollution control and discharge permitting processes, including the imposition of technology-based and health-based water pollution control measures. The course also will discuss citizen suits, civil and criminal enforcement, wetland dredge-and-fill permits, and state water quality certifications. A practice-oriented approach will be stressed.

  
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    LAW 532 - Bioethics and Law

    Credits, 3 sem. hrs.
    This course introduces a variety of dilemmas in biomedical ethics brought about primarily by innovative techniques and technologies that the biomedical sciences have developed; such as artificial reproductive technologies, genetic screening and engineering, and life support systems. Many of these dilemmas are not currently or clearly regulated by law. Thus, the primary focus of our inquiry will be whether these innovations should be regulated by law and if so, how. In this inquiry, ethical and policy considerations will play a substantial role in the analysis.

  
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    LAW 533 - Military and Operational Law

    Credits, 2 sem. hrs.
    The study of the evolution of military law culminating in the current version of the Uniform Code of Military Justice. The practice of criminal law in the military will be compared with that of Federal and State criminal practice to include a comparison of the grand jury system with the Article 32 investigation, the Federal Rules of Evidence and the Military Rules of Evidence, and the conduct of civilian criminal trials with courts-martial. This course will also examine the status of the service member when serving in a foreign country, the applicability of local foreign law to military operations, and the authority of the Foreign Claims Act to provide payment for damage caused by military operations.

  
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    LAW 535 - Regulation of the Health Care Industry and Professionals

    Credits, 2 sem. hrs.
    This class explores the regulatory environment affecting physicians, health care professionals and health care institutions, including licensing, staff privileges, peer review, and accreditation. This course will also examine the role of the legislative branch of government in health care through a review of major government health programs and policies. Students will learn how health policy gets formulated, evaluated, and assessed prior to being voted into law and will then explore the process of new policy implementation.

  
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    LAW 537 - HIV and the Law Clinic

    Credits, 3 sem. hours
    The HIV and the Law Clinic will provide students with skill-focused instruction through legal assistance to clients and policy-related advocacy. This clinic is part of a medical-legal partnership between the Mississippi Center for Justice, the University of Mississippi Medical Center, and the Mississippi Department of Health.  Students will be exposed to a blend of direct client services and policy work, in areas including employment discrimination, housing violations, and other conduct based on the client’s HIV status. Students may participate in client intake and interviewing, legal research, and document preparation; provide research and writing for policy initiatives aimed at improving the lives of people living with HIV; and participate in educating the community about HIV and related laws. Each student will be required to complete 135 hours of clinical work (which includes both direct services and policy work), in addition to the classroom component (a five-hour introductory class, followed by one-hour classes every other week during the semester).  Enrollment is limited, and students must be eligible for admission under the Mississippi Law Student Limited Practice Act.   Students make application to participate.

  
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    LAW 561 - Criminal Law

    Credits, 3 sem. hrs.
    An examination of the substantive criminal law, its jurisprudence, origin and sources, including some specific crimes and defenses at common law and under modern statutes.

  
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    LAW 562 - Criminal Procedure

    Credits, 3 sem. hrs.
    An introduction to criminal justice administration, emphasizing the rights guaranteed by the Fourth, Fifth and Sixth Amendments of the U. S. Constitution as applied to pretrial procedure.

  
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    LAW 573 - Property

    Credits, 4 sem. hrs.
    A study of the interests which may be created in real and personal property. The topics considered include possession, personal property, deeds, freehold estates, future interests, concurrent ownership, property as an institution, the real estate contract, the recording system, title assurance, easements, landlord-tenant law, and land use controls.

  
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    LAW 575 - Land Use Controls

    Credits, 3 sem. hrs.
    This course examines the legal tools used by governments, landowners, and their neighbors to influence the development and use of land. The specific topics covered include takings, planning, zoning, subdivision and design controls, racial and economic implications of government policy, and homeowner associations.

  
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    LAW 580 - Legal Research I

    Credits, 1 sem. hr.
    Provides an introduction to the sources of law in the American system, the legal research process, and specific instruction in finding and analyzing primary and secondary source materials.

  
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    LAW 581 - Legal Research II

    Credits, 1 sem. hr.
    Provides specific instruction in finding and analyzing administrative and legislative history materials and allows students to develop skills in comparing the effectiveness of research using print and electronic resources.

  
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    LAW 582 - Legal Writing I

    Credits, 2 sem. hrs.
    Development of skills in analysis and writing in the context of writing primarily interoffice or predictive memoranda with emphasis on plain English. Students build from early exercises applying a rule to a short set of facts to synthesizing and applying complex rules to more extensive fact patterns.

  
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    LAW 583 - Legal Writing II

    Credits, 2 sem. hrs
    Introduction of persuasive writing techniques; building on analytical skills developed in first semester, with increased emphasis on organizing persuasive arguments. Students will prepare one or more briefs and participate in at least one oral argument.

  
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    LAW 587 - Legal Writing III

    Credits, 3 sem. hrs.
    Prerequisite(s): LAW 582 - Legal Writing I , LAW 583 - Legal Writing II , LAW 580 - Legal Research I  , and LAW 581 - Legal Research II  

    In this course students will be exposed to the functions of appellate review, the record on appeal and, the theory of brief writing and oral argument. Students will also learn the fundamentals of transactional writing through drafting and negotiating exercises.  Second year law students are not permitted to drop Legal Writing III absent extraordinary circumstances.

  
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    LAW 600 - Law Review

    Credits, 1 sem. hr.
    This course is designed to teach techniques and research methods for legal writing in connection with the Mississippi College Law Review. Each student is required to produce written work, acceptable for publication, in order to receive credit for the course. Students are selected for membership on the basis of academic standing and legal research and writing ability after the first year. One hour of credit is given for each semester of satisfactory participation as a board or staff member. A maximum of four semester hours may be earned for law review participation.

    This course is offered on a Pass/Fail basis.

  
  
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    LAW 603 - Moot Court Board

    Credits, 1-2 sem. hrs.
    Students are chosen for Moot Court Board on the basis of their performance in the Appellate Advocacy Competition. Board members assist faculty in administering Appellate Advocacy, the Appellate Advocacy Competition and other competitions. Upon approval by the faculty advisor, a member shall receive two (2) credit hours in the spring semester of the third year for membership on the Board. A Board member who graduates in December will be eligible for one (1) credit hour in the fall semester of the third year.

    This course is offered on a Pass/Fail basis.

  
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    LAW 604 - Moot Court Competition I

    Credits, 1 sem. hr.
    Students satisfactorily participating in trial appellate advocacy, pretrial, ADR, or transactional intercollegiate competitions who have not previously received credit for a competition may receive one credit for such participation, provided that competitors participating in competitions not requiring a written brief or other substantial written work product write a ten (10) page analysis on an issue raised in the competition.
    This course is offered on a Pass/Fail basis.

     

  
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    LAW 605 - Moot Court Competition II

    Credits, 1 sem. hr.
    Students satisfactorily participating in trial appellate advocacy, pretrial, ADR, or transactional  intercollegiate competitions who have previously received credit for a competition may receive one credit hour for participation in a second competition, provided that competitors participating in competitions not requiring a written brief or other substantial written work product write a ten (10) page analysis on an issue raised in the competition.
    This course is offered on a Pass/Fail basis.

     

  
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    LAW 606 - Moot Court Competition III

    Credits, 1 sem. hr.
    Students satisfactorily participating in trial appellate advocacy, pretrial, ADR, or transactional intercollegiate competitions who have previously received credit for a competition  may receive one credit hour for participation in a  third competition, provided that competitors participating in competitions not requiring a written brief or other substantial written work product write a ten (10) page analysis on an issue raised in the competition.
    This course is offered on a Pass/Fail basis.

  
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    LAW 607 - Phillip C. Jessup International Moot Court Competition I

    Credits, 1 sem. hr.
    The course prepares second and third year law students for the year-long Jessup International Moot Court Competition, which includes regional, national and international rounds. The course includes an introduction to the primary sources, doctrinal rules and principles of international law, as well as the methodologies of advanced research in international law. Students will work in small groups and learn how to evaluate and solve problems in international law. Enrollment requires each team member to devote at least 6 hours per week to research, writing and oral arguments. Enrollment is limited to a maximum of five students. Participation and enrollment is subject to approval by the Director of Advocacy and a faculty advisor. The credit awarded to a student for participation in the fall semester of the second and third year, respectively, is a graded one hour (1) classroom credit; and the credit awarded for participation in the spring semester of each year is a one hour (1) pass/fail non-classroom credit.  

  
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    LAW 608 - Phillip C. Jessup International Moot Court Competition II

    Credits, 1 sem. hr.
    See Phillip C. Jessup International Moot Court Competition I  for description. Jessup II is the designated course for 3L students who participate in the Jessup International Moot Court competition for a second year. Students in this course will also serve as mentors for 2L participants.

    This course is offered on a Pass/Fail basis.

  
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    LAW 609 - Adoption Legal Clinic

    Credits, 3 sem. hrs.
    Students enrolled in this course will learn about adoption law and termination of parental rights in Mississippi. This course is limited to students who are eligible to practice under the limited practice act in chancery court. Students will assist in completing adoptions of children placed in prospective adoptive homes by the Mississippi Department of Human Services, including preparation of petitions and final decrees. Students will prepare all reports and exhibits necessary for adoption, serve as attorneys for the adoptive families and may be appointed as guardians ad litem in termination of parental rights and adoption cases. All participants in any adoption proceeding will be supervised by the course instructor.

  
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    LAW 610 - Child Advocacy Clinic in Youth Court

    Credits, 3 sem. hrs.
    Prerequisite(s): Students must have completed 45 credit hours.

    This course will examine the substantive and procedural laws governing cases of alleged child abuse and neglect, termination of parental rights and finalization of adoptions in Mississippi courts. Students will represent children in the court system with the close support and supervision of a faculty member. Building on the field experience of actual case handling as a basis for analysis, it seeks to make students more self-critical and reflective about various lawyering functions they must undertake. In order for students to effectively represent juvenile clients, the course will include instruction concerning child psychology, identifying signs of child abuse and neglect, client interviewing and case file management.

  
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    LAW 0612 - Guardian Ad Litem Clinic II

    Credits, 0 sem. hrs.
    A continuation of LAW 612  for students admitted to limited practice involved in handling one or more cases assigned in LAW 612  that continue beyond the end of the semester in which they were enrolled in LAW 612 . The students enrolled in this course will continue under the supervision of the course instructor. This course may be repeated, if necessary, until graduation. Permission of the instructor is required to enroll in the course.

  
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    LAW 612 - Guardian Ad Litem Clinic

    Credits, 3 sem. hrs.
    Prerequisite(s): Students must have completed 45 credit hours.

    Students enrolled in this course will learn about child custody and parenting issues in chancery court, including adoptions, terminations of parental rights, guardian-ships, custody matters, child support matters, grandparents’ rights, and similar related matters. Students who are eligible to practice under the limited practice rules may be admitted to practice in chancery court for the purpose of handling one or more cases to the matters described above. Students will meet with the instructor for one hour per week during the semester and will also observe or participate in chancery court. All participants in chancery court proceedings will be supervised by the course instructor. Each student will be required to log a total of at least 80 hours of time in classroom meetings or court proceedings.

  
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    LAW 613 - Accounting for Lawyers

    Credits, 2 sem. hrs.
    A study of the basic principles, conventions and methods of accounting to enable the lawyer to understand the legal economic environment, with specific reference to the accounting problems encountered in such courses as Federal Taxation Law  and Business Associations I  and Business Associations II . This course is recommended for students without a substantial foundation in accounting. Except with the written permission of the instructor, this course is not open to students who have completed the equivalent of six semester hours in accounting.

  
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    LAW 614 - Accounting Issues in Business Decisions

    Credits, 3 sem. hrs.
    The course provides an introduction to the analysis and use of corporate financial reports from the perspectives of investors, creditors and other external users. Coverage ranges from the pressures faced by management, accountants and auditors as they prepare financial statements to the impact of accounting information on strategic decisions. From an internal decision-making perspective, the course examines the preparation and use of managerial accounting information. Topics include activity based costing, decision support systems including relevant costs and benefits, and budgeting systems. This course is limited to joint J.D./M.B.A. candidates.

    [Crosslisted with: ACC 6501.]

  
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    LAW 615 - Policy Formulation and Administration

    Credits, 3 sem. hrs.
    The capstone course for the graduate business school curriculum that integrates the fundamental aspects of business (marketing, finance, accounting, economics, operations) into a coherent view of management. Through the case analysis method, students study the role of strategy in the management of large and small firms and investigate the principles and practices that lead to successful organizations, both public and private. This course is limited to joint J.D./M.B.A. candidates.

    [Crosslisted with: MGT 6572.]

  
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    LAW 616 - Agency

    Credits, 2 sem. hrs.
    A study of agency power and authority, termination, rights and duties of agents and principals. May also include issues of master and servant relationships.

  
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    LAW 618 - Wills and Estates

    Credits, 3 sem. hrs.
    A study of the law of succession of estates including wills, fraud and undue influence, restraints on testamentary powers, capacity, execution and revocation, construction and interpretation, descent and distribution by intestacy; administration of estates, testamentary and inter vivos trusts, and introductory estate tax planning.

  
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    LAW 619 - Business Associations I

    Credits, 4 sem. hrs.
    A study of the law of business organizations, including partnerships, corporations, and limited liability companies. Topics may include choice of business form, formation, organization, capitalization, rights and relationships between owners and the organization. Related state and federal topics may be selectively covered.

  
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    LAW 620 - Business Associations II

    Credits, 2 sem. hrs.
    Building on the general principles covered in Business Associations I , this course explores in detail the state and federal laws and regulations which govern the formation, management, and dissolution of business enterprises. Special emphasis is given to issues relating to business finance, such as capitalization and distributions, compliance with Federal and state securities laws, and the rights of investors to participate in management of the business.

  
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    LAW 621 - Secured Transactions and Creditors’ Rights

    Credits, 3 sem. hrs.
    This course covers Article 9 of the Uniform Commercial Code. It deals with the law governing security interests in business collateral, such as equipment, inventory, accounts receivable, and chattel paper as well as the financing of purchases by consumers. The course will also cover consumer credit regulation, enforcement of judgments, attachments, garnishment, fraudulent conveyances, and assignments for the benefit of creditors.

  
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    LAW 623 - Evidence

    Credits, 3 sem. hrs.
    Examination of the law of evidence (emphasizing the Federal Rules of Evidence), theory of proof, objectives and limitations of an adversary system of dispute resolution, norms and restraints on advocacy, and allocation of responsibility between judge and jury. Topics explored, with a view toward developing both a critical perspective and an understanding of fundamental unifying principles, include: hearsay; relevance; witnesses (e.g., competence, privileges, examination, and experts); documentary and real evidence; judicial notice; burden of proof; and presumptions.

  
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    LAW 624 - Asset Forfeiture

    Credits, 2 sem. hrs.
    A survey of asset forfeiture law in the United States, covering the history and evolution of forfeiture law, the theories of forfeitability, the advantages and disadvantages of criminal, civil and administrative forfeiture, forfeiture procedure, and the role of the 8th amendment in asset forfeiture law.

  
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    LAW 625 - Civil Procedure I

    Credits, 3 sem. hrs.
    An overview of the law governing civil litigation. Topics include: personal jurisdiction; jurisdiction of the subject matter; venue; pleadings; discovery; pretrial motions; trial; challenges to the verdict; appeal; res judicata and collateral estoppel.

  
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    LAW 626 - Civil Procedure II

    Credits, 3 sem. hrs.
    Continuation of Civil Procedure I .

  
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    LAW 628 - Compliance in Financial Institutions

    Credits, 1 sem. hrs.
    This practical course will explore the role of compliance in financial institutions. It will examine the essential elements of effective compliance programs, the regulatory expectations for banks and investment companies, common issues that challenge compliance, and how to establish adequate monitoring systems. This course is particularly relevant as new laws, rules, and regulations stemming from the financial crisis dramatically affect a wide range of financial institutions. The course is recommended for students who wish to pursue a career in compliance or work for financial institutions, regulatory agencies, or law firms representing clients in the financial industry.

  
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    LAW 629 - Advanced Child Advocacy Clinic

    Credits, 2-3 sem. hrs.
    Prerequisite(s): LAW 609 - Adoption Legal Clinic  OR LAW 612 - Guardian Ad Litem Clinic  

    This course is limited to students who are eligible to practice under the limited practice act in chancery court. Students enrolled in this course will learn about advanced child custody and adoption issues in chancery court, including but not limited to adoptions involving IPCP, contested terminations of parental rights, contested guardianships, custody matters involving third party custody or in loco parentis, and custody matters involving UCCJEA, child support matters, grandparent’s rights, and similar related matters. Students will continue work not completed in either Law 609 or Law 612, plus will accept additional work assignments to satisfy the hourly credit requirement. Students will meet with the instructor for one hour per week during the semester and will observe or participate in chancery court proceedings. All participants in chancery court proceedings will be supervised by the course instructor. Each student will be required to log a total in classroom meetings or court proceedings of at least 100 hours for 2 credit hours or 150 hours for 3 credit hours. Credits will count towards experiential learning.

  
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    LAW 630 - Commercial Paper

    Credits, 3 sem. hrs.
    This course is a study of the rights and obligations of participants in a variety of payment transactions, ranging from traditional methods of payment such as checks and promissory notes to modern methods such as credit and debit cards, automated teller machines and wire transfers. The course focuses on Articles 3, 4 and 4A of the Uniform Commercial Code; however, federal statutes and regulations and their relationship to state law are considered.

  
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    LAW 633 - Oil and Gas

    Credits, 3 sem. hrs.
    A study of estates or interests of possessors of realty in mineral rights, oil, water and gas below the surface, leases, royalties, bonuses, delay rentals, depletion, utilization, riparian rights, and regulatory practices of governmental agencies and applicable statutes or laws. Some material dealing with geology and geophysics is used.

  
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    LAW 634 - Environmental Law

    Credits, 2-3 sem. hrs.
    This course is a study of the response of the American legal system to environmental problems, including air and water pollution and the disposal of toxic substances. Federal statutes and regulations are emphasized.

  
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    LAW 635 - Worker’s Compensation

    Credits, 2 sem. hrs.
    A study of compensation to injured workers for industrial accidents, injuries, and diseases. Included are a detailed treatment of workers’ remedies prior to and apart from workers’ compensation, the compensation principle, the employer-employee relationship, accidents during the course of employment, accidents arising out of the employment, accident and occupational disease, proof of causation, effect of independent causes after the accident, compensation for non-fatal injury, death benefits, and the third party suit.

  
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    LAW 637 - Corporate and Partnership Taxation

    Credits, 3 sem. hrs.
    Prerequisite(s): Federal Taxation Law (LAW 638 ).

    The law of taxation as applied to corporations and their shareholders with a limited and comparative treatment of partnerships and partners, in the various contexts of business life, including formation, distributions, redemptions, reorganizations, liquidations and sales.

  
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    LAW 638 - Federal Taxation Law

    Credits, 3 sem. hrs.
    A study of the substantive and procedural aspects of the laws of federal income taxation, including computation of gross income; deductions and exemptions; taxable income; capital gains and losses on property disposition; payments and returns; splitting of income; tax problems of corporations, shareholders, partnerships, estates and trusts; and tax law procedures.

  
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    LAW 639 - Arbitration Practice and Procedure

    Credits, 2 sem. hrs.
    This course will introduce students to the arbitration practice and procedure in commercial, employment and consumer arbitrations. Current arbitration rules and procedural issues will be analyzed, including the use of discovery in arbitration and class actions. In addition, the rules of the American Arbitration Association and other leading arbitration institutions will be discussed. Special focus will be given to examining the role of arbitrators, judicial award confirmation and the limited right to appeal arbitration awards.
     

  
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    LAW 640 - Entertainment Law

    Credits, 2 sem. hrs.
    The course offers a dynamic and interactive general survey of the legal principles and business practices of the entertainment industry. Topics include music, film, television, books, online and live performance. The relationship between artists, managers and agents together with specific areas of entertainment litigation are surveyed. Treatment of the ever expanding global implications of the entertainment industry is also included. Some of the business and legal considerations facing attorneys practicing in the entertainment area are introduced through a series of graded project assignments. No examination.

  
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    LAW 642 - Pension and Employee Benefit Law

    Credits, 3 sem. hrs.
    A survey of the laws and policies regarding the creation, operation and termination of employee benefit plans, including health benefits and pension plans with emphasis on qualified plans and the Employment Retirement Income Security Act of 1974.

  
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    LAW 644 - Employment Discrimination

    Credits, 3 sem. hrs.
    This course deals with the various federal statutes prohibiting discrimination in employment, focusing primarily on the prohibition against discrimination contained in Title VII of the Civil Rights Act of 1964. Other statutes such as the Civil Rights Acts of 1866 and 1870 (42 USC sections 1981 and 1983), the Equal Pay Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act are also considered.

  
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    LAW 645 - Labor Law

    Credits, 3 sem. hrs.
    This course deals principally with labor relations between private employers and employees acting in a collective capacity. It generally involves: historical background; organization and representation of employees; union collective action and collective bargaining.

  
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    LAW 646 - Employment Law

    Credits, 3 sem. hrs.
    A survey of the law relating to the employment relationship, including the establishment and terms of employment contracts, termination of employment, regulation of pay and hours, protections afforded employees in the areas of privacy and safety, and compensation for employee illness and injury.

  
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    LAW 647 - Health Care Fraud and Abuse

    Credits, 2 sem. hrs.
    This course examines federal and state laws that impose criminal and civil penalties on health care providers for a variety of fraudulent activities. The course explores the implications of the federal Anti-Kickback statute, civil monetary penalty and exclusion laws, anti-referral (Stark) laws, and false claim laws, as well as traditional federal white collar criminal laws and certain regulations and advisory opinions applied to health care. The course will use statutes, case law and commentary to identify the various forms of fraud and self-dealing and the law’s response.

  
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    LAW 648 - Expert Witness Seminar

    Credits, 2 sem. hrs.
    This course deals with expert witnesses and scientific evidence. Students are given an opportunity to participate as counsel in simulated trials dealing exclusively with experts. Trial Practice (LAW 681 ) is a required concurrent or antecedent course.

  
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    LAW 649 - Comparative Civil Rights

    Credits, 2 sem. hrs.
    The course will compare and contrast, from both a theoretical and doctrinal perspective, civil rights and liberties in the United States and other countries and regional organizations. Topics to be covered include freedom of speech, freedom of religion, and other substantive and procedural aspects of liberty and equality. In the Korean Summer Legal Studies program, special attention will be given to these doctrines and procedures in Korea and China.

  
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    LAW 650 - Sports Law

    Credits, 2-3 sem. hrs.
    This course will introduce students to the foundations of sports law. Sports law reflects how various legal disciplines, including torts, antitrust, labor, agency, criminal, contract, and anti-discrimination laws, impact professional and amateur sports actors, such as leagues, conferences, teams, and players. This course will provide students with both practical and theoretical approaches to legal issues that arise in sports, including in the NFL, NBA, MLB, NCAA, NASCAR, PGA, NHL, tennis, and hunting. Students will read sports law writings, including cases and law review articles, as well as readings from other disciplines, including social psychology and economics. Students will also be expected to discuss current and breaking issues in sports law as they emerge over the course of the semester.

  
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    LAW 651 - Domestic Relations

    Credits, 3 sem. hrs.
    Family law related to marriage, separation and divorce; rights and liabilities of husband and wife; property rights; parent and child relational rights and duties, disabilities, adoption, emancipation, paternal authority and support.

  
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    LAW 652 - Current Issues in Family Law

    Credits, 2-3 sem. hrs.
    This course examines current issues of family law in depth. Topics change from year to year and may include same sex marriage, civil unions, covenant marriage, legal effects of new reproductive technology, effects of welfare reform on family law issues, “parental alienation syndrome,” child custody, required mediation in divorce, and other topics of current interest.

  
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    LAW 653 - Global Issues in Corporate Law

    Credits, 1-2 sem. hrs.
    This course will familiarize students with foreign corporate laws (including those of Germany and other EU jurisdictions), clarify issues under United States corporate law as they apply to global concerns and to challenge assumptions that the United States law is always the most desirable choice.

  
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    LAW 654 - Insurance

    Credits, 3 sem. hrs.
    A study of the laws and regulations governing the insurance industry including: classification of insurance; the marketing process; the principle of indemnity; the insurable interest doctrine; subrogation; other insurance clauses; persons and interests protected; warranties and representations; concealment; unconscionability; detrimental reliance; and the claims process.

  
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    LAW 656 - Banking Law

    Credits, 2 or 3 sem. hrs.
    A survey of the law governing commercial banking, including the regulation of activities of banks and financial holding companies by federal and state regulatory agencies as well as laws and regulations pertaining to bank failure, and mergers and acquisitions in the banking industry. The course will also examine the relative advantages and disadvantages of state and nationally chartered banks, and the law related to lender liability claims.

  
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    LAW 660 - Remedies

    Credits, 3 sem. hrs.
    A study of equitable and legal remedies, which includes consideration of equitable principles and procedures and defenses; restitution and unjust enrichment; reformation and rescission; and damages in a variety of contexts.

  
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    LAW 661 - Business Bankruptcy

    Credits, 2 sem. hrs.
    Prerequisite(s):  .

    This course will focus on business bankruptcies including liquidations and reorganizations. It also will deal with certain litigation issues in business cases. The course will be particularly beneficial to students interested not only in bankruptcy law, but commercial litigation and business transactions as well.

  
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    LAW 663 - Immigration Law

    Credits, 2-3 sem. hrs
    This course will serve as an introduction to the field of United States immigration and naturalization law. It will focus on the history of Immigration laws, immigrant and non-immigrant visa status, citizenship, exclusion, detention and removal, relief from removal, asylum, and immigration laws broader implications on homeland security, national security, and economic policies.

  
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    LAW 665 - White Collar Crime and Business Fraud

    Credits, 2 sem. hrs.
    This course will examine how business fraud, white collar crime, and regulatory violations are investigated and litigated in the courts and in administrative proceedings. This course will focus on the role played by various law enforcement agencies in conducting investigations and how prosecutors work with agencies to develop a case. Case studies will allow students to understand the strategies employed by prosecutors and defense counsel in preparing and presenting their cases, applicable penalties, and how negotiations are conducted during the course of the proceeding.

  
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    LAW 667 - Fraud and Fraud Investigation Seminar

    Credits, 3 sem. hrs.
    In recent years statutory and common law fraud actions have filled the courts and the news. Fraud constitutes an increasing concern and target for litigation and enforcement actions. New definitions, procedures and enforcement mechanisms have changed the face of fraud investigation and prosecution. This Seminar will touch on traditional areas of fraud investigation and prosecution along with emerging statutory and common law fraud issues. It may consider both academic and practical aspects on the definition, identification, and redress of fraud and fraud-related issues. It may also cover practical issues of cooperation with government inquiry, and the waiver of privilege. The seminar will have a substantial and comprehensive research project culminating in a paper of high quality that will satisfy the writing requirement .

  
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    LAW 673 - Elder Law

    Credits, 3 sem. hrs.
    This course is designed to provide students with a basic foundation for providing legal services to older persons. Because the specialty of elder law is defined by the type of client served rather than by a particular area of law, the subjects covered overlap with certain topics covered in other courses, such as Administrative Law , Medical Malpractice and Health Care Litigation , Wills and Estates , and Trusts . Topics covered in the Elder Law course will include such things as age discrimination, basic estate planning, entitlement to public benefits, planning for health and long-term care needs, challenges presented by physical or mental incapacity, exploitation of the elderly, end-of-life decisions, and ethical problems related to representing the elderly.

  
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    LAW 674 - Health Care Law

    Credits, 3 sem. hrs.
    This course is a survey of fundamental legal issues related to the health care industry. It provides an introduction to the many issues with which lawyers working in the health care industry need to be familiar, and serves as a foundation for those students wishing to take additional, more in-depth courses in health law. Coverage will include the structure of the health care system, regulatory issues such as licensing, staff privileges, accreditation and certificates of need; antitrust; ERISA; government payor issues (Medicare and Medicaid); HIPAA (Health Insurance Portability and Accountability Act); fraud and abuse (including Anti-Kickback and STARK I & II regulations) ; the legal obligation to provide treatment (including EMTALA); and health care reform.

  
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    LAW 675 - Medical Malpractice and Health Care Litigation

    Credits, 2 sem. hrs.
    An in-depth study of the practical considerations and specialized rules which lawyers need to employ when handling medical malpractice cases. The course will not only concentrate on various theories of tort actions, but also on practical and policy considerations that may be involved in all of those actions such as insurance coverage, emotional distress, damages, standards of proof (including the use of forensic medicine and expert witnesses), apportionment of fault, determination of causation, and special duties. Additional topics may include tort reform issues, compliance and internal investigations, technology litigation, managed care litigation, and ERISA preemption.

  
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    LAW 676 - Education Law

    Credits, 2 or 3 sem. hrs.
     

     

    This course examines education law principles as they pertain to both public and private institutions of learning, the power of the state to compel school attendance, the constitutional framework within which the state and federal governments regulate both public and private educational institutions, and the statutory and other protections of an individual’s right to equal treatment in the educational context without regard to race, sex, or disability.

  
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    LAW 677 - Trusts

    Credits, 3 sem. hrs.
    Prerequisite(s): Wills and Estates (LAW 618 ).

    The character, creation, validity and use of trusts; types of trusts; rights, duties and liabilities of settlors, trustees, beneficiaries and third parties; fiduciary administration; settlement and distribution; remedies of beneficiaries; tax, real property and future interest considerations.

  
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    LAW 678 - Appellate Procedure *

    Credits, 3 sem. hrs.
    The course deals with the functions of appellate review, preserving issues for appeal, appealability, use of extraordinary writs, parties, initiating and perfecting an appeal, relief pending appeal, the record on appeal, the theory of brief writing and oral argument, judgments and mandates.

    This course has not been offered in the last three years. We have kept it in the catalog after a faculty review because we have plans to offer it in the next two years.
  
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    LAW 679 - Criminal Practice

    Credits, 3 sem. hrs.
    Prerequisite(s): LAW 562 - Criminal Procedure  

    This course is designed to provide a working familiarity with the procedural rules governing conduct of a criminal case at the trial court and appeal levels, and the practical operation and tactical consideration of the rules. Course includes specific topics such as discovery, grand jury selection, jurisdiction, venue, guilty pleas, preliminary hearings, and post-conviction procedures. Course includes argument and preparation of motions and participation in exercises involving criminal trial issues. This course is intended to provide a practical background for those students who are interested in the prosecution and/or defense of criminal felonies.

  
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    LAW 680 - Pretrial Practice

    Credits, 2 sem. hrs.
    The course covers litigation planning, the preparation of pleadings and motions, discovery practice, and pretrial conferences. The purpose of the course is to familiarize the student with pretrial procedural problems.

  
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    LAW 681 - Trial Practice

    Credits, 4 sem. hrs.
    Prerequisite(s): Students must have 45 credits prior to taking this course. Evidence (LAW 623 ).

    The purpose of the course is to give the student actual practice in conducting simulated trials. The matters covered include voir dire, opening statements, examination and cross-examination of witnesses, introduction of exhibits, objections, jury instructions, and final arguments. The student is given an opportunity to participate as counsel in several simulated trial segments, followed by appearing as counsel in a complete simulated trial.

  
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    LAW 682 - Federal Courts

    Credits, 3 sem. hrs.
    A study of the federal judicial system, including the jurisdiction of federal courts, the exercise of jurisdiction, and the function of the system within the federal union.

  
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    LAW 684 - Supreme Court Role-Playing

    Credits, 2-3 sem. hrs.
    In the roles of advocates and Supreme Court Justices, students conduct and hear argument in, and student-justices decide, cases pending before the United States Supreme Court. Each student-justice, in the role of a particular Supreme Court Justice, hears argument, participates in a conference on the cases with the other student justices, votes on the outcomes, and writes a judicial opinion in one or more of the cases. Each student-advocate also writes a memorandum identifying the key issues in her or his case and their likely resolution by the Court and each Justice. Students who wish to use the paper(s) prepared for this course toward satisfaction of the upper-level writing requirement may do so. Most students receive two hours of academic credit. Students with roles demanding an extraordinary amount of work, such as unusually heavy opinion-writing responsibilities, may apply to receive three hours of academic credit.

  
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    LAW 685 - Alternative Dispute Resolution

    Credits, 2 sem. hrs.
    A study of mechanisms to resolve disputes as an alternative to adversarial litigation. Techniques to be considered include mediation, arbitration, early neutral evaluation, summary jury trials, and mini-trials. Mandatory, voluntary, binding, non-binding, court-annexed and private programs will be considered. This course may offer skills training to students in various ADR techniques through the use of in-class simulations. Criteria for selecting cases for diversion to specific ADR techniques and for evaluating the success of such techniques will be considered. The impact of ADR on the role of the advocate and the judge in an adversarial system, on parties and on caseload will also be discussed.

  
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    LAW 686 - Removal Jurisdiction

    Credits, 2 sem. hrs.
    Prerequisite(s): Civil Procedure I (LAW 625) .

    In this course, students will engage in an in-depth study of the removal statutes, recent Supreme Court and appellate court removal cases, and secondary materials. The specific removal topics covered include (1) the amount in controversy, (2) post-removal joinder, (3) removal of separate and independent claims, (3) the voluntary-involuntary rule, (4) fraudulent joinder, (5) the timing of removal, (6) remand issues, and (7) appellate review of remand orders.

  
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    LAW 687 - European Union Law – Introduction

    Credits, 2-3 sem. hrs.
    This course will provide an introduction to the legal system of the European Union as a supranational organization, its history and its institutions. In three parts the course will first focus on issues of Member States’ sovereignty, European Union decision making and enforcement. Second, European Union policies and internal actions, specifically the internal market, free movement of goods, persons, services and capital will be analyzed. Third and finally, the European Union’s policies on judicial cooperation and external actions will be studied and the impact of these policies on the U.S. and U.S. business will be examined.

 

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