Seton Hall University School of Law

This course provides M.S.J. students with an introduction to the legal system as well as basic legal research and writing skills, with a focus on topics relevant to the health and pharmaceutical industries. Students will receive LEXIS, WESTLAW and Internet research training.

This course introduces M.S.J students to principles of contract and corporate law necessary to provide an appropriate background to health law courses. The course includes a writing component that focuses on drafting skills.

This M.S.J. course provides a general overview of the constitutional law doctrines that are most relevant to health professionals. Particular attention is paid to separation of powers, privacy and reproductive rights, and the First Amendment as they relate to government regulation of health care. The course also considers constitutional and other issues raised by the role of administrative agencies and the implementation of legislation in the health care system.

This innovative Health Care Compliance program is a four day, full-tme program for compliance amd other pharmaceutical professionals, as well as attorneys and provides grounding in health care fraud and abuse and an overview of laws governing the pharmaceutical and medical device industries. Faculty for this program include high-level government and private lawyers who are expert in pharmaceutical and device fraud and abuse issues. A Health Law and Policy Program professor participates in each semi-annual session. Note: Available to MSJ students only for credit.

This survey course introduces students to the major legal and policy issues surrounding the provision of health care. Topics include the organization and governance of nonprofit hospitals and other health care organizations, financing of care through public and private insurance programs, health care fraud and abuse, quality control in health care, confidentiality of medical information, informed consent, reproductive health care, medical decisions at the end of life, and medical research with human subjects.

This course provides a comprehensive analysis of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) health privacy provisions, and the HITECH ACT (Health Information Technology for Economic and Clinical Health Act), which pose substantial technology and privacy requirements for health plans, health care providers, and their business associates. Topics include HIPAA's administrative simplification provisions, the Privacy Rule, the Transaction Rule, the Security Rule, and the HITECH Act breach notification provisions. Practical experience will be offered in drafting HIPAA business associate contracts and learning how to manage clients and formulate an effective transactional negotiating strategy in this context. There is very little case law in this area, as a result, the course focuses heavily on developing in-depth knowledge of the overall statutory and regulatory regime. This course also involves role plays and experiential learning exercises including substantial student interaction.

This course addresses the legal system’s special treatment of people who have, or are believed to have, behavioral abnormalities associated with mental disorder. In particular, the course will explore the following issues relating to the use of governmental authority to restrict or deprive individuals with mental disorder of liberty or property: the extent of experts’ ability to assess questions of capacity, mental illness, danger, and prognosis; the civil law mechanisms for involuntary confinement of people on the basis of mental disorder, and the closely-related question of legal recognition (or not) of a person’s competency to make treatment and other choices following a diagnosis of mental disorder; public and private payment systems for inpatient and outpatient care; the faults in the outpatient treatment system and legal principles regarding rights to avoid institutionalization; the effects of a diagnosis of mental disorder on the criminal justice system; and the unique and shifting system that has arisen regarding the civil confinement of people convicted of sex offenses. To provide a foundation for the legal analysis of these issues, the nature and treatment of mental disorders will be summarily explored.

This course will examine the laws protecting persons with disabilities, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, the Individuals with Disabilities Education Act, the Fair Housing Act, and the Fourteenth Amendment, as well as the cases interpreting these laws. We will explore the definition of “disability,” potential claims, covered entities and their defenses, and the range of remedies. Substantive areas to be covered include education, employment, housing, public accommodations, government services, and the rights of persons in institutions.

This course will introduce you to diverse approaches to bioethical analysis and help you apply different bioethical theories to contemporary issues in health care. Topics covered include Kantian ethical theory; consequentialism; virtue ethics; welfare liberalism; libertarianism; telehealth ethics; and professional ethics and conscience. The course does not focus on legal doctrine per se; rather, it is designed to give you analytical tools that can help you think through the ethical dimensions of current legal debates.

This courser examines the legal, ethical and public policy issues surrounding the use of human subjects in biomedical research, focusing on current controversies and efforts to reform the existing regulatory structure. The course begins with a historical examination of human subject research, but the bulk of the semester is devoted to critical analysis of the current system for overseeing human subject research. Throughout the course we consider how the regulatory system should take into account the changing relationship between academia, industry and government.

This course provides an overview of the laws and regulations of the Food and Drug Administration that restrict the sale of unsafe, deceptive or unproven foods and drugs. The pre-market approval system governing drugs will be examined along with the debate about the length of testing. Other topics include the prescription status of drugs, consumer advertisements, and the impact of commercial speech protections. Major issues concerning food regulation are considered such as the appropriateness of a no-risk policy for carcinogens and the use of biotechnology in foods. The justification for the deregulation of dietary supplements will also be explored. The course aims to provide students with an understanding of the principal regulatory means used by the agency, such as rulemaking, and court enforcement. In addition students will be able to consider the appropriateness of schemes based on disclosure and those that impose additional restrictions.

This course will train law students in quantitative and analytic skills related to law enforcement and advocacy. Though many of our examples will relate to cutting edge health law enforcement and compliance, we expect that students in nearly any regulatory or litigation context will find the skills taught both transferable and useful. Substantively, the seminar will focus on fraud and abuse detection tools and methods used by public and private health insurers. Procedurally, the seminar will train students in skills of data analysis, basic statistical and quantitative methods, and data visualization. Skills such as text summarization, chart drafting, and spreadsheet management will be explained and practiced. The course will feature examinations of the intersection of health care law with e-discovery and computational legal analysis. The course will aim to enable students to: (1) excel as uniquely technically qualified attorneys at traditional firms; (2) leverage unique skill sets to compete for positions in compliance departments, revenue cycle management departments, and quality control divisions; and (3) understand cutting edge law enforcement tactics that will prove increasingly important in a world of predictive policing and algorithmic assessments of threats.

This course focuses on traditional principles underlying New Jersey medical malpractice law, using a practical and substantive approach to the subject, focusing on the standard of care, expert-related issues, causation and damages relating or pertaining to medical malpractice actions. The school attendance will be in effect for this course, and class participation is expected.

This seminar engages the student in an extensive study and analysis of empirical data, current statutes and cases as well as proposed changes to the law dealing with issues related to death and dying. Class topics include alternative definitions of death, organ donation, withholding and withdrawal of death-prolonging and life-sustaining treatment, advance directives, patient demands for futile treatment, the cost of end-of-life care, wrongful living, and physician-assisted death.

This seminar examines the structure of public health law, with emphasis on government responsibility and power, individual rights, and the relationship between the law concerning population and individual health. Topics will include responses to threats of terrorism, infectious disease, environmental threats such as tobacco and lead, and privacy concerns.

As consumers increasingly rely on “alternative medicine” as a complement to, or in some cases as a replacement of, their conventional medical care, a host of legal, ethical, and social issues arise. These treatments include acupuncture, dietary and herbal supplements, and other treatments that have some evidence basis but little regulatory oversight. They also include arguably dangerous forms of quackery (some pushed aggressively on various broadly viewed TV programs). This course will explore the health implications of forms of alternative medicine; licensing and scope of practice, where justifications of public safety and individual autonomy can clash; malpractice and informed consent; insurance coverage; the regulation of dietary supplements; and the overlap between alternative medicine and the anti-vaccination movement.

This seminar provides students with the tools to prepare and try a medical malpractice case. Students are provided with three redacted (but otherwise complete) medical charts to analyze. They then conduct medical research, and learn how to locate expert witnesses. Following this each participant prepares pleadings and serves and responds to discovery requests. Students take simulated depositions of parties and experts. They prepare pretrial motions, and attend portions of an on-going medical malpractice trial, a trial call, and motion days. The grade is based on demonstrated competence in preparation of pleadings, discovery documents, motions, and taking depositions. * Not available to M.S.J. students.

This seminar introduces students first to the market triggers that cause corruption in its various forms, the harms to various economies cause by corruption, and mechanisms that address corrupt behavior. The remainder of the course comprises a study of the health and non-health related laws that address corruption, both domestically and abroad, including the Foreign Corrupt Practices Act and UK Bribery Act 2010; Stark, Anti-kickback and the False Claims Act; Sarbanes Oxley, Dodd-Frank and other relevant non-health laws. Students may receive 3 credits for writing an AWR paper in the course, or 2 credits if they take an exam.

This seminar will examine a variety of legal and policy issues at the forefront of advancements in the life sciences, drawing upon a diverse and interdisciplinary set of reading materials. Topics to be covered include genetics, biotechnology, nanotechnology, neuroscience and synthetic biology.

This Legal Practice course connects the substantive health law that students are learning in their health law classes with the legal skills and problems that commonly arise in the practice of health law. The course uses a mixture of lecture, guest speakers, class discussion, group work, simulations, and writing exercises to explore substantive law and skills specific to three common health law practice settings: government (enforcement, legislative, or regulatory); in-house counsel at a non-profit hospital or health insurer; and patient representation (policy, advocacy, or direct services). For example, students may negotiate and draft agreements between providers and hospitals, conduct investigative inquiries using redacted medical records and other investigative materials in a professional licensing investigation, and research, draft, and promote model health legislation from an advocate’s perspective. The course is graded High Pass, Pass, D, or Fail based on attendance, class participation, preparation for simulations, and writing assignments; there will not be a final examination. To maximize synergy between classroom and real world practice experiences, students are required to secure (or to have completed) a health law externship or other similar health law placement approved by the Health Law Program by the first week of classes.

: This skills course will focus on the skills and professional ethics that comprise corporate compliance.Students will obtain the skills to prioritize enterprise risk and allocate resources to a compliance program; prepare an employee training module; walk through the steps required to conduct an investigation beginning with the decision to impose a litigation hold on documents and perform an initial interview of a corporate employee. In addition, students will meet and learn how to work with forensic accountants to conduct audits; work with an HR professional to manage a whistleblower while minimizing the risk of a retaliation suit; prepare a presentation to a board audit committee on whether a detected government overpayment should be reported as potential fraud; and outline an action plan for managing certifications required by Corporate Integrity Agreements.

This course examines legal and ethical issues in medical treatment and research, with an emphasis on the relationship between bioethical analysis and legal decision-making. Topics covered include medical decision-making at the end of life, organ transplantation, the determination of death, research involving human participants, sterilization of mentally incompetent persons, maternal-fetal decision-making, and assisted reproduction. The course will emphasize bioethical issues relevant to all stages of the life cycle, with a particular focus on issues concerning children and adolescents.

This seminar examines cutting edge and controversial linkages between law and neuroscience. The seminar aims to highlight neuroscientific basis for behavior patterns with legal implications, including how neuroscience intersects with civil law, criminal law, evidentiary rules, memory bias and enhancement, lie and deception detection, adolescent brains and juvenile law. We will look critically at efforts to use neuroimaging in court in connection with predictions of dangerousness and predispositions towards mental illness and substance use and misuse, as well as efforts to identify neurobiological influences on the brain. Does it make sense to speak of the neurobiology of violence or the psychopathology of crime, or future dangerousness? This course will explore the relationship between law and science, more generally, and neuroscience in particular.

This course will survey the basic doctrines of intellectual property (“IP”) law, including patent, design patent, trade secret, trademark, unfair competition and copyright law. We will also briefly look at related state law forms of protection. The course is intended both for those who intend to practice in an IP field and for those with a more general interest in the topic. Given the interrelations and analogies among IP rights, any specialized IP practitioner should have a working knowledge of IP areas outside his or her area of expertise. Since most lawyers’ business models depend on an understanding of IP law, any practitioner would benefit from this survey course.

The course will examine the Constitutional, economic and political origins of patent, copyright, trademark and design laws in the United States. It will also look at how interest groups have shaped such laws. It will not involve a review of case law but instead will examine influential commentaries on Intellectual Property protections, beginning with materials from the seventeenth century and continuing to contemporary law review articles. For each area of Intellectual Property, a concise summary of that discipline will be provided which will lead to a review and discussion of critical writings in that field. The textbook, Fundamentals of Intellectual Property Law by Robert P. Merges and Jane C. Ginsburg, will be supplemented by summaries and other materials provided by the lecturer. This course will be in addition to, and markedly different from, any introductory course on Intellectual Property: students who have taken that course, as well as those new to the field, would benefit by this course.

Information technology has transformed our everyday lives, but at the same time, it has profound effects on our personal privacy. A vast amount of our personal information is digitized. This includes details about our health and genes, purchasing and reading habits, chats with friends and even our physical location. Government and private companies can access, collect, store, transfer to other parties, and sometimes misuse our personal information. U.S. law has grappled to regulate privacy through a growing amalgamation of judicial decision-making, statutes and regulations. This course will examine the regulation of privacy in the United States. But since information is not confined by national boundaries, it will also examine global privacy regulation (particularly in the European Union) and its impact on privacy regulation in the United States

This course is a general survey and analysis of substantive areas of law relating to the production, distribution and exhibition of products and services in the entertainment and media industries. Areas surveyed include music, film, television, cable, publishing, legitimate stage, the online entertainment industry and the regulation of attorneys, agents and managers. It treats the creation, ownership and regulation of entertainment speech with emphasis on the first amendment, defamation, the right of privacy, the right of publicity, copyright, trademark, unfair competition, the law of ideas, moral rights, theories of credit, contract law and sources of regulation of professionals who work in the entertainment and media industry.

An exploration of the impact of the legal system on the sports industry in America, particularly the sources of legal authority, development and recognition of property rights in sports and the substantive principles of contract law. The course examines the legal relationships among athletes, teams, leagues, governing bodies, sports facilities, licensees, agents and fans, as threaded together through contract, property, labor, intellectual property, constitutional, antitrust, and tort law. We will also study the legal implications of the financial and business platforms relating to the sports industry.

Entertainment Law 1 provides an introduction to the torts that are frequently encountered in the entertainment business. The course covers topics such as the following: • Law of ideas • Copyright law • Trademark law • Privacy torts • Defamation law • Breach of contract

Entertainment Law 2 examines industry-specific approaches with an eye toward transactional practices, insulation from liability, as well as typical workplace and consumer issues. The course covers contracting practices with respect to the following, among others: • Music royalties • Film actor agreements • Liability waivers for reality television and game shows • Contracts regarding credit, pay or play, and profit participation It also examines recurrent workplace and social issues in the industry, such as the following: • Race and gender discrimination • Sexual harassment • Censorship

Intellectual property rights are global assets. Any business that provides goods or services across territorial borders must understand how to protect its intellectual property rights and to engage in intellectual property transactions across different parts of the world. Although there are international treaties that coordinate intellectual property protection internationally, there are no fully harmonized or unified international intellectual property rights. This course will examine differences in patent, copyright, trademark, and related protections in the United States, the European Union, and other parts of the world, with attention to treaties such as the Trade Related Aspects of Intellectual Property (TRIPS) agreement that provide some degree of international cohesion. The course will also consider practical aspects of securing, enforcing, and transacting in intellectual property rights across national borders. The course is suitable both for students with specialized interest in intellectual property as well as for students more interested in international business and technology law who will benefit from some familiarity with the course's themes. A primer on basic intellectual property principles will be provided for students who have not previously taken an intellectual property course or who need a refresher.

This course will cover the practical aspects of transactions and negotiations in sports with an overview of both player side and team side contracts. The primary focus will be the NFL and MLB; amateurism and female equity issues will also be discussed. Students will learn how to negotiate player contract and agent contracts, as well as marketing and sponsorship contracts. In addition, agent compliance, agent regulations, statutes, and ethical issues for lawyers representing athletes will also be reviewed. We will also cover the key aspects of representing both male and female coaches. Students will learn how to negotiate the key points of both a NFL and MLB player contract as well as NIL deals for amateur athletes. Team and league issues will also be covered for those interested in learning about being in-house counsel for a professional team or league.

The course is a comprehensive study of the law relating to gaming activities with an emphasis on the laws, policies, and procedures that have developed through court decisions and the regulatory activities of the administrative agencies. In addition, the course will provide an overview of public policy issues, the federal role in regulation of gaming, the economics of gaming, the creation of gaming contrrol systems, the licensing process, gaming contracts and gaming crimes. The course will also explore the nature of the eveil sought to be addressed in gaming laws and regulations, will examine the leading approaches to the regulation of gaming, and will deal with some of the current issues in gaming law.

Internet Law and Governance Foundations. This is the required foundational course module. It asks the questions "what is cyberspace" and "what does it mean to govern in cyberspace?" We will examine questions relating to jurisdiction, enforcement, democratic control, speech, and commerce from the early days of the Internet to the present. This study raises the basic questions addressed throughout all four modules: what is the relationship between "liberty" and "security" in cyberspace?

This course covers all phases of common law and statutory copyright including works subject to protection; securing protection; rights of copyright holder and succession to those rights by agreement and inheritance; international problems; and fair use and infringement questions.

This course treats common law and statutory protection of ideas, trade secrets, and trademarks, including: acquisition and loss of trademark rights; registration and licensing; problems of infringement, dilution, and misappropriation of trademarks; fair use and Internet use of trademarks; and related remedies.

This course undertakes an intensive examination of the nature of patents and questions of patent validity and procurement, primarily for those intending to specialize in the patent area in their future practice. It includes: nature of patent property; problems in the procurement of patents including filing date, obtention and maintenance; international practice and problems; patent office practice; problems of validity including novelty, utility and non-obviousness; and transfers of property rights in patents.

This course focuses on the recent case law, relevant legislation, and underlying policies, related to intellectual property protection in the pharmaceutical and biotech industry. We will concentrate on key patent cases from the Court of Appeals for the Federal Circuit and U.S. Supreme Court, and aspects of the FDA law that form the basis for IP protection in these industries. Recent patent cases, including those on enablement, written description, inherent anticipation, infringement under the doctrine of equivalents, inequitable conduct, and research tools, will be reviewed. We will also analyze the Hatch-Waxman Act and competition law that impact both the innovative and generic drug industries, and proposed legislation that is currently being considered by Congress that could dramatically affect these industries.

This course focuses on the daily legal issues facing attorneys in the music industry. It will consider the various legal relationships within a musical group and between the artist and his various representatives. It will then discuss the most heavily negotiated agreements in the music industry, beginning with demonstration, sample and producer agreements. The course will next explore legal pitfalls of production company agreements, and will then dissect various provisions of both recording and music publishing agreements. The course will then consider music industry unions and the American Federation of Musicians and the American Federation of Television and Radio Artists impact of the artist and the record company. Finally, the course will discuss the legal issues facing music industry attorneys in the 21st century, with specific focus on digital transmission of music, down-loading of music over the internet and alternative methods of music delivery

The seminar will provide a comprehensive study of Technology and Intellectual Property Licensing and related issues. Students will analyze various aspects of trademark, copyright, right of publicity/privacy, confidentiality, patent and technology, software, data privacy and security, multimedia licenses, online policies (acceptable use and privacy), and will develop related negotiation skills and litigation strategies. The focus will be practical and will show how value can be unleashed.

This course will provide a comprehensive examination of patent-related litigation in various forums, including federal district court, before the U.S. patent office, and in private litigation. The course will walk through the life of a patent litigation, from pre-suit investigations to discovery to motions to trial to appeal. Along the way, we will discuss substantive patent law topics, the peculiarities of procedural issues in patent cases, and the intersection of procedure and substance to formulate litigation strategy.

This module evaluates the nature of cyber crime and the legal framework for fighting cyber crime. We will learn about common modes of cyber attack, the use of mass crime tools such as "botnets," and the role of organized crime in cyberspace. We will study the U.S. Computer Fraud and Abuse Act and related U.S. and international laws that apply to computer crimes. We will also consider threats to personal safety arising out of cyberspace, including bullying, stalking, harassment, and child pornography, and we will study the unique legal challenges involved in crafting statutes to address such conduct without unduly impinging on rights of free speech and free association.

This module considers the problem of cyber-terrorism, cyber-espionage, and cyber-war. The U.S. military now considers "cyber" a "fifth domain" of warfare, after land, sea, air, and space. We will consider how the laws of war and emergencies relate to cyber incidents. We will also discuss the nature of Internet surveillance of private citizens, through an in-depth review of cases and materials relating to the Federal Intelligence Surveillance Act (FISA) Court.

This is a skills-based module centered on the role of the lawyer or compliance officer in mitigating an organization's cyber-risks, conducting forensic investigations in the event of data breaches or other cyber incidents, and presenting evidence in court or in other legal proceedings regarding the nature and causes of a cyber incident. Students will engage in a variety of hands-on skills exercises, such as a simulated "table top" cyber-risk assessment.

"New Media Law" refers to the complex of legal norms that govern the creation and distribution of digital content. In the not very distant past, the fim, music, print, news and television industries operated in different domains with their own top-down business models and under varying legal and regulatory frameworks. Today the Internet blends these forms of media: distribution channels converge on devices such as iPads, smart phones, and smart TVs; new industry players such as Amazon and Netflix challenge established players for market share in original content creation; and the bottom-up user-generated content models produce significant revenue streams, enabling phenomena such as the "professional YouTuber." New Media therefore includes domains such as intellectual property, licensing, corporate, privacy and communications law.

This drafting seminar will focus on the "claim" or "claims" appended to a patent specification. The claim defines the scope of the grant, or the technical extent of the exclusive privilege the patent accords to its owner. Claim drafting assignments will be distributed to the students before each class. Each student's work will be reviewed on an individual basis, with rewriting and revision as needed.

This seminar develops the writing and analytical skills required to draft applications for United States patents. Patent claim drafting skills are not undertaken in this course. Patent prosecution techniques, however, including evaluation of Patent and Trademark Office Official Actions and preparation of responses to these Official Actions are studied. There also is practice in drafting appellate briefs for submission to the Board of Patent Appeals and Interferences

This seminar will discuss the theoretical foundations of trademark law, how the structure of trademark law reflects various goals the law is designed to meet, and how the theory and structure of trademark law compares to the theory and structure of copyright and patent law.

This course is a practical survey and application of technology law, predominately covering patent, copyright and trade secret protection for a critical business asset - the information technology system upon which virtually all commerce rests. After covering essential intellectual property concepts, the course will apply these concepts and focus on how to effectively analyze, negotiate and draft the following types of agreements: software licenses, software development agreements including website/e-commerce development agreements and maintenance/support and technology services agreements from both the acquirer and the provider side. The course will also address the fundamentals of resolving disputes arising from those agreements, including intellectual property infringement and failures of performance, with underlying liability theories, vendor defenses and litigation strategy.

Federal registration provides important benefits to trademark owners, including corporations. Trademarks are among a company’s most valuable assets. Registration work is a staple of many law firm and in-house intellectual property practices. This class will cover the basics of domestic and international trademark registration practice, from selection of a mark and legal screening/clearance through opposition proceedings, registration, and beyond. Hands on, practical use of the USPTO website for filings and research will be explored. Assignments will include hands on drafting of opinion letters, registration papers, and pleadings drawn from real-world examples.

In recent years new information technologies have greatly transformed our everyday lives. The effects of these technologies on our personal privacy have become a particularly pressing matter under constant scrutiny in both the popular discourse and the law-making process. This seminar will focus among other topics on: (1) Internet privacy, including issues related to anonymity, commercial profiling and spam; (2) Health and genetic privacy, including issues relating to medical records, confidentiality of physician-patient relationships, DNA databases and genetic discrimination; (3) Law enforcement privacy, including issues related to wiretapping, surveillance, and counter-terrorism and post 9/11 reactions. In the seminar we will examine the effect of technological change on our social conceptions of privacy and evaluate the legal reactions to these changes.

Blockchain has been described as software that facilitates the transparent use/transmission and storage of encrypted data. The promise of this new technology creates the perception that it is applicable to a wide range of industries and will inevitably disrupt them for the better. However, with measured consideration of the old and the new challenges concerning property, ownership vs. possession, transparency, identity, the role of intermediaries and market efficiency vs inefficiency, we may understand that blockchain is not a fix-all or appropriate for every use imaginable. This class will challenge students to engage in both a foundational and critical exploration of blockchain through legal theory, intellectual property law, and real world considerations. By the end of this class, students will be able to apply a rational and methodological approach in consideration of various legal issues that may arise at the intersection of distributed ledger technology and intellectual property law.

New technologies expand our options at the beginning of life, as we live it and at its end. New reproductive technologies give those who want to procreate more possibilities than ever before. Information technologies and artificial intelligence have changed how we interact and make our life choices. Advances in medical technologies can sustain and prolong life for the sick and dying. This seminar will examine the law and ethical problems that involve use of these technologies. Topics to be covered in class and in papers include: egg and sperm donation; trait selection through use of reproductive technology; postmortem reproduction; technology over-use; artificial intelligence; privacy and advanced technologies; patient demands for futile treatment; physician assisted suicide and organ transplants.

The Introduction to Lawyering course is a six credit, full year, required course for all first year students. It will introduce students to the fundamental skills employed by lawyers across various practice areas and will develop within students the habits of thoughtful, reflective, and ethical professional practice. Students will learn the following core lawyering skills: writing, research, interviewing, fact analysis, client counseling, negotiation and oral advocacy. Through the use of simulations students will be required to step into the lawyer role, practice their skills, and make decisions that are challenging on intellectual, strategic, emotional and ethical levels. Students will be taught how to approach legal problems by thoroughly planning, executing and then critically reflecting on the choices they make. Faculty will provide opportunities for students to experiment with the development of their professional voices and roles, and will expose students to the deep satisfaction that can be found practicing law. Lawyering sections will be small and students will often work collaboratively in teams on projects; thus providing a collegial intimate academic setting.

This course dissects the anatomy of a civil case from complaint through pre-trial proceedings, trial and appeal. It therefore studies the organization and jurisdiction of federal and state courts, including emphasis on personal and subject matter jurisdiction. The focus is on the Federal Rules of Civil Procedure, exploring issues of pleading, pretrial discovery and motion practice.

This course dissects the anatomy of a civil case from complaint through pre-trial proceedings, trial and appeal. It therefore studies the organization and jurisdiction of federal and state courts, including emphasis on personal and subject matter jurisdiction. The focus is on the Federal Rules of Civil Procedure, exploring issues of pleading, pretrial discovery and motion practice.

The course considers the law governing consensual relationships. It analyzes the requisites of a legally-enforceable contract, including the offer-acceptance process, consideration, and requirements relating to the capacity of parties and to formalities of contract formation. Invalidating factors such as fraud, duress, mistake, and impossibility are explored. Issues of remedies are examined. Throughout the course, relevant provisions of Article 2 of the Uniform Commercial Code regulating the sale of goods are studied.

The course considers the law governing consensual relationships. It analyzes the requisites of a legally-enforceable contract, including the offer-acceptance process, consideration, and requirements relating to the capacity of parties and to formalities of contract formation. Invalidating factors such as fraud, duress, mistake, and impossibility are explored. Issues of remedies are examined. Throughout the course, relevant provisions of Article 2 of the Uniform Commercial Code regulating the sale of goods are studied.

This course examines the law governing compensation for civil wrongs not arising from agreement and judicial remedies for such wrongs. It includes intentional torts and privilege defenses; negligence-elements and defenses; and strict liability, including ultra-hazardous activities, and product liability. Special emphasis is given to legal theories of causation, standards of care and issues of proof.

This course undertakes a basic survey of the concepts of possession and ownership of land, chattels and other forms of property. It includes the history, legal status and modes of transfer of real and personal property; estates in land -- an introduction to future interests; forms of ownership and title; the transfer of interests in land including landlord/tenant; condemnation; restrictive covenants; and equitable servitude.

This course undertakes a basic survey of the concepts of possession and ownership of land, chattels and other forms of property. It includes the history, legal status and modes of transfer of real and personal property; estates in land -- an introduction to future interests; forms of ownership and title; the transfer of interests in land including landlord/tenant; condemnation; restrictive covenants; and equitable servitude.

The Fall semester treats government authority under the United States Constitution. It begins with an analysis of the scope of judicial review and the development of theories of constitutional adjudication. It then treats the commerce clause and other sources of federal authority, and considers limitations on state and federal regulation of economic and property interests. It explores federalism issues of the relationship between the federal government and the states and issues of the allocation of power among the three branches of the federal government.

The Spring semester surveys the protection of the rights of the individual against state and federal government action under the United States Constitution, including freedom of speech and expression, association, religion and the right of privacy. Protections under the equal protection clause and the right to due process are explored.

This course introduces students to the state's role in the control of deviant behavior through law. It explores theories of responsibility, punishment and reform. It considers general principles of substantive criminal law including: intent; justification and excuse; defenses; elements of particular crimes; attempt; conspiracy; and responsibility for the acts of others.

The course treats government authority under the United States Constitution. It begins with an analysis of the scope of judicial review and the development of theories of constitutional adjudication. It then treats the commerce clause and other sources of federal authority, and considers limitations on state and federal regulation of economic and property interests. It explores federalism issues of the relationship between the federal government and the states and issues of the allocation of power among the three branches of the federal government. The course also surveys the protection of the rights of the individual against state and federal government action under the United States Constitution, including freedom of speech and expression, association, religion and the right of privacy. Protections under the equal protection clause and the right to due process are explored.

This course undertakes a basic survey of the concepts of possession and ownership of land, chattels and other forms of property. It includes the history, legal status and modes of transfer of real and personal property; estates in land -- an introduction to future interests; forms of ownership and title; the transfer of interests in land including landlord/tenant; condemnation; restrictive covenants; and equitable servitude.