Upper-Level Requirements and Electives

Introduces second-year students to essential lawyering skills of trial and appellate advocacy. Lawyering Skills III & Appellate Advocacy must be taken during the second year.

Ethical standards of the legal profession, including judicial ethics and unauthorized practice.

Introduces second-year students to essential lawyering skills of trial and appellate advocacy. Lawyering Skills III & Appellate Advocacy must be taken during the second year. Meets Lawyering Skills IV requirement.

In this Law Skills IV pilot course, Application of contract law principles to the drafting of contracts through weekly written exercises, drafting assignments, and negotiations. Techniques to draft clear and accurate contracts and to effectively review contracts drafted by others. Several exercises will include ethical considerations in contract drafting. Meets Lawyering Skills IV requirement.

Litigation-oriented course focusing on analytical and drafting skills within the context of a complex corporate fraud case. Analysis of an actual corporate fraud lawsuit through the lens of various substantive and procedural rules, including pleading requirements, causation, damages, class certification, discovery, and settlement. Focuses on application of legal rules and legal strategy, rather than simply legal doctrine, although doctrines from the federal securities laws, state corporate law, civil procedure, federal jurisdiction, and other areas of the law will be discussed. Requirements also include drafting a complaint and motion to dismiss. Grading will be based on weekly drafting assignments, as well as the drafting of the complaint and motion to dismiss.

In-depth exposure to the practice of environmental law through case-studies, simulations, and practice problems. Practice in client counseling, regulatory interpretation, drafting, negotiation, enforcement actions, litigation settlement, and legal ethics in environmental law. Class sessions will be devoted to simulations and discussions of written assignments. Case studies and problems are drawn primarily from the areas of air pollution control, endangered species, and hazardous waste regulation, with more limited coverage of other fields of environmental law. Grading will be based on writing assignments and in-class presentations, due throughout the semester. There is no final exam. Meets Lawyering Skills IV requirement.

Environmental Law (LAWE 620)

Explores mediation and arbitration in both union and nonunion workplaces. In addition to reading and discussion, students participate in simulations of both processes and also write a post-hearing arbitration brief.

The common process by which the law produced by government agencies is produced and challenged. Study of the constitutional limits on bureaucratic power and structure and examination the most important sections of federal and state statutes that impose uniform procedures for the promulgation of regulations and the decision of cases before administrative tribunals. Specific examples from the work of agencies such as environmental protection agencies, industrial and professional licensing boards, labor relations boards, workers' compensation tribunals, and schools. Includes federal and state law. For their grades, students are invited to take a final examination or to produce case notes suitable for law review publication.

Special procedural and substantive laws that regulate waterborne commerce. Designed to present an overview of admiralty law for those anticipating the practice of law where boating and shipping are found, including topics related to civil procedure and federal courts: e.g., jurisdiction, attachment, and immunities; contracts and commercial law: e.g., salvage, insurance, and liability allocation among shippers and carriers; and matters of personal injury and labor law: e.g., workers compensation, unemployment compensation, and wrongful death. Grades are awarded on the basis of an examination, oral or written, a research paper, or a Supreme Court brief for the Judge John R. Brown Admiralty Moot Court Competition.

With faculty permission, students who have completed either the Delinquency Clinic or the Disability Law Clinic, may enroll for between two and six credits. Advanced students will take leadership roles in clinic cases and complete a significant project over the course of the semester.

Builds on the core contract concepts in Contract Drafting by allowing students to delve deeper into the contractual and business issues that transactional lawyers routinely face. Explores representations and warranties, indemnity, and the endgame, specifically focusing on the business issues that support those types of provisions and how they are used to allocate risk in a deal. A focus on ethical issues in transactional practice will be a continuous theme. Ethical issues include conflicts of interest, waiver of conflict, attorney-client privilege, representing multiple parties, negotiation tactics.

A medium to explore selected family law issues in greater depth. It is organized to address the needs of students who are seriously considering family law practice, and the pre-requisite course requirement for this Seminar is Family Law 626. Hypothetical clients will be analyzed from courtship through divorce. Various problem-solving exercises may be utilized and family law theory and practice will be explored from the viewpoint of a law firm attempting to give legal advice to its clients. Prominent family law practitioners as guest lecturers will speak on a variety of selected family law issues. This Seminar will focus upon, but not be limited to, Virginia family law. Each student will be required to write a research paper on a family law topic of his or her choice.

Explores legal research strategies and resources more comprehensively and in-depth than what is covered during first year as well as an increased emphasis on electronic resources. Review of primary American legal sources in all types of formats plus extensive coverage of legal research in selected subject areas, such as international law, federal taxation, and labor and employment law.

Refines and builds on the skills covered in Trial Practice or Lawyering Skills by using more complex civil and criminal problems and files developed by the National Institute for Trial Advocacy for training the more experienced trial advocate. Special emphasis will be placed on the development of a case theory and the choosing of an appropriate case theme for the more complex case. Covers use of demonstrative evidence, including photographs, charts, white boards, overheads, videos, and computer simulations. Enrollment limited. While both civil and criminal problems will be used in the class, special emphasis is placed upon civil litigation and trying a complex civil case.

Lawyering Skills III (598).

Creation of agency relationships; contractual liability of principals (disclosed and undisclosed), agents and third parties; tort liability of principals; fiduciary duties of agents; partnership: creation, rights, and duties of partners, dissolution of partnerships; limited partnerships; limited liability companies (LLCs).

An exploration of the process of mediation as an alternative to litigation. Topics will include mediation history and theory, general conflict resolution techniques, specific mediation techniques, including identifying interests, reframing, building successes, dealing with emotions, caucusing, brainstorming, evaluating options and consequences, and reality testing. Skills in theses techniques will be developed through role-play. Other topics will include the role of mediators in drafting agreements, forms of agreements and mediator ethics. In addition, the role of attorneys as advocates and advocacy techniques will be covered. Limited to sixteen students.

Exploration of this emerging field of law with an emphasis on the latest cases, legislation and legal theory behind it. Areas of study include anti-cruelty; dogfighting; cockfighting; standing; wills and trusts benefitting animals; factory farming; The Endangered Species Act; non-economic damages for harm done to companion animals; and litigation over the treatment and welfare of animals. Classes will incorporate real world contributions from many of those people directly affected by animal law, including veterinarians, prosecutors, activists and lawyers.

Examines laws that prohibit the bribing of foreign government officials for business purposes, focusing principally on the U.S. Foreign Corrupt Practices Act, but also examining the UK Bribery Act, the OECD Anti-Bribery Convention, and the UN Convention Against Corruption. Analyzes these laws from both a practice-oriented compliance perspective and a policy perspective.

Control of private economic power in the United States, focusing on the law regarding monopolies, mergers, and restrictive business practices as regulated by the Sherman and Clayton acts. Some attention to other federal antitrust legislation such as the Federal Trade Commission Act and state antitrust enforcement.

Explores what happens when a business or consumer defaults on debts. While most of the classes will deal with the Bankruptcy Code, we will also cover Virginia creditors rights law.

Seminar with primary focus on bioethical legal issues that confront society today. Among topics to be considered: distinctions, if any, between ethical and legal issues; philosophical models for analyzing bioethical issues, including deontological models (rules and rights), theological models (utilitarian, economic), and models of care; informed consent and autonomy versus utility debate; genetic engineering; shortages of organ supply; termination of life support; quality- of-life issues; beginning care and infants; cost issues, including how much to treat; and the cost of technology versus other societal values.

Two-case simulation of a business litigation practice: interviewing the client, determining the causes of action, figuring out where to sue, drafting the complaint, researching defenses, preparing possible counterclaims, preparing discovery, and drafting a summary judgment motion.

Study of the role of the lawyer in business formation and financing; choice of business entity; choice of jurisdiction in which to organize; LLC operating agreements; selected issues under federal securities law; equity-based compensation; intellectual property protection; the venture capital industry; and preferred stock investments (including dividend and liquidation preferences, conversion, redemption, anti-dilution protection, voting rights agreements, and investor rights agreements). Requires students to perform nine written homework assignments and prepare three major written assignments consisting of memoranda and deal documents. For the homework and major assignments, we will operate as a notional law firm (students acting as associates and Professor Fisher as a partner), representing a start-up high technology business. Focuses on a practical understanding of the law and extreme precision when working with complicated deal documents.

Corporations (LAWE602)

Important issues arising in the trial of death penalty cases, including constitutional and statutory challenges, punishable offenses, mitigation, and jury selection.

Provides substantive background in federal and state child support law; judicial establishment, modification, and enforcement of child support obligations; interstate matters, including the Uniform Interstate Family Support Act and the Uniform Parentage Act; current trends such as same-sex marriage, prisoner re-entry, military issues, and changes to the Bankruptcy Act; and the role of attorneys for the Virginia Division of Child Support Enforcement.

Analysis of the legal relationships among children, families, and the state. Focus on how the law balances the rights and interests of children, their parents and caregivers, and the state under both the federal constitution and state law. Topics include the status, rights, and obligations of parents and children, and abuse and neglect of children, including the termination of parental rights. We will consider important and complex questions, for example, the appropriate balance between family autonomy and state regulation, and the effects of race, class, and gender on the legal rules in this area.

Students advocate on behalf of children appearing before area juvenile courts. In the majority of cases, students serve as defense counsel for youth accused of delinquency (criminal) offenses. Students are also occasionally assigned to work on other cases which involve children's issues such as abuse and neglect or custody.

Prepares students to (1) interview the client, (2) conduct informal fact investigation, (3) choose the proper forum, (4) draft, file and serve a complaint, (5) respond to a complaint with an answer or motion to dismiss, (6) seek or resist discovery, whether informally or through motion practice, (7) evaluate opportunities for summary judgment, (8) obtain post-judgment judicial relief in the trial court, (9) evaluate the prospects of reversal through appeal, and (10) collect money owed on judgments Also includes the law of preclusion, the law of remedies, and basic choice of law rules. The course strongly emphasizes the practical over the theoretical, and breadth of knowledge over depth of knowledge.

Placements are available with non profit lawyers as well as local, state, and federal government lawyers working on civil law matters. Opportunities are offered in the areas of litigation, public policy, legislative advocacy, and regulatory law. Two-hour classroom component required. Graded pass/fail. See director of Clinical Placement Program for more details.

If a cop frisks you when he shouldn't, can you collect damages from him? If a public school requires prayer before every class, what can you do stop the constitutional violation? If you call 911 and the dispatcher fails to dispatch an officer, have your rights been violated? These and many other questions are addressed in this class, the ultimate goal of which is to provide students with the knowledge necessary to enforce constitutional rights through litigation. Includes (1) several commonly-litigated constitutional rights (such as abuse by a police or corrections officer), (2) the types of defendants that can be sued, (3) the common defenses, and (4) the nature and scope of the available remedies. Also provides the opportunity to assess the underlying causes of official misconduct, the limits of litigation as a civil rights enforcement tool, and whether alternate means of enforcement might be preferable.

Inter-disciplinary university seminar on the management of risks for civilians working in conflict zones in the service of U.S. policy. Examines private and public law and policy shaping this sort of employment, interviewing interested parties and experts, meanwhile assembling and assessing relevant documents. Among the issues under scrutiny will be the adequacy of warning, pre-deployment training, rescue arrangements, and special forms of compensation. Two graded products will be contributions to a set of best practices and recommendations for those anticipating such service, and to a collection of the stories of those who have "been there and done that."

Provides history and development of the collaborative practice model. Will discuss principles of collaborative practice and its different steps, the legal implications of required and recommended practice, and the difference between interest-based and positional negotiation strategies. In addition, students will practice skills necessary for effective collaborative practice. Will also explore ethical issues involved.

Law relating to negotiable instruments, bank deposits and collections, and electronic money transfers, with emphasis on Articles 3, 4, and 4A of the Uniform Commercial Code, the Expedited Funds Availability Act, and Regulation CC.

Examines and contrasts selected aspects of the criminal justice system operating in a sampling of countries in Europe, Asia and South America. Grading will be based upon a student¿s written and oral presentation of some aspect of a selected criminal justice system. Open to law and undergraduate Arts and Sciences, Business, and Jepson students.

Focuses on the link between employment law and business in the main industrialized market economies, in the light of the latest developments. Lectures will address human resource management, flexibility, flex-security, redundancies, employment protection, outsourcing, transfer of undertakings, collective bargaining, and strikes, providing the students with the methodological tools to find their way about in the complexity of the labor and employment issues in domestic and international business.

Introduces and compares several legal traditions, including the civil law, Islamic law and the legal systems of China and Japan. Emphasizing on the civil law tradition, examines shared legal roots in archaic/chtonic and Roman law and their distinct evolution in England, on the continent, and in Asia. Focusing on German law (contracts, tort, property and criminal law), introduces civil law methodology and logic as well as procedure. The final grade will mainly be based on a paper, which the student presents in class.

(Offered only in the Cambridge University Program.) Examines and compares underlying principles of constitutional and administrative law in the U.S. and the U.K.

Study of civil litigation of claims that arise not as isolated events but, instead, as part of a larger aggregate. Introduces students to a world in which many disputes emerge out of widespread courses of conduct and the resulting litigation does not fit within the one-on-one, single-plaintiff-versus-single-defendant model that characterizes much doctrine studied in the beginning phases of legal education. Topics include claim and issue preclusion, consolidation, class certification, coordination of parallel proceedings, and settlement review and design. Final exam.

Explores specific problems encountered in "cyberspace" in such areas as personal jurisdiction and choice of law, regulatory jurisdiction and effectiveness, intellectual property, commercial transactions, digital defamation, and freedom of speech and privacy.

Explores the law which applies to parties and transactions involving two or more states, or two or more nations. Emphasis on the variety of choice of law methodologies employed by American courts, including both traditional and modern approaches to choice of law. Also addresses such other issues raised by interstate and international transactions as recognition and enforcement of foreign judgments, long-arm jurisdiction, and constitutional limitations on choice of law decisions. Throughout the course, an attempt will be made to offer a comparative look at the way judicial systems of other nations deal with these issues. Assessment: The grade in this course will be based on one final examination, as well as class participation.

Examination of statutory and constitutional employment rights of public employees in federal, state, and local government. Concentration on legal framework for union organization and collective bargaining rights of public employees. Comparative analysis of various approaches to government employee rights, including analysis of relevant public policy issues.

Issues peculiar to construction projects from the perspective of the various participants, including developer, contractor, architect and lender and on dispute avoidance and resolution techniques. Includes negotiation and drafting of construction-related contracts.

In this Law Skills IV pilot course, Application of contract law principles to the drafting of contracts through weekly written exercises, drafting assignments, and negotiations. Techniques to draft clear and accurate contracts and to effectively review contracts drafted by others. Several exercises will include ethical considerations in contract drafting. Meets Lawyering Skills IV requirement.

A detailed examination of the law that protects literary, musical, artistic, and other works of authorship, with particular attention to the 1976 federal copyright statute, as amended. Topics include requirements for and scope of copyright protection, ownership and duration of copyright, copyright rights and remedies, fair use, interaction of copyright and digital technologies, the liability of third parties for the copyright infringement of others, and the tension between copyright and other areas of the law, such as free speech, patent, and contract law.

Explores the core concepts involved in (1) sales and leases of goods,(2) notes, checks, and electronic forms of payment, (3) credit transactions involving letters of credit and (4) credit transactions involving collateral other than real property. Emphasize principles rather than specific rules.

Topics covered include an analysis of corporate financial statements; security pricing; and other investment topics. No preliminary ability in finance is assumed and basic skills such as the time value of money are introduced. Microsoft Excel is utilized for most calculations.

Corporations (602)

Litigation-oriented course focusing on analytical and drafting skills within the context of a complex corporate fraud case. Analysis of an actual corporate fraud lawsuit through the lens of various substantive and procedural rules, including pleading requirements, causation, damages, class certification, discovery, and settlement. Focuses on application of legal rules and legal strategy, rather than simply legal doctrine, although doctrines from the federal securities laws, state corporate law, civil procedure, federal jurisdiction, and other areas of the law will be discussed. Requirements also include drafting a complaint and motion to dismiss. Grading will be based on weekly drafting assignments, as well as the drafting of the complaint and motion to dismiss.

An overview of corporate governance today and the frauds that prompted the Sarbanes-Oxley Act of 2002 ("SOX"), particularly WorldCom and Enron. Includes most of the major SOX reforms and related changes in stock exchange listing standards. Also treats selected topics such as CEO pay, activist investors (such as hedge funds), investments by sovereign foreign wealth funds, and the role of attorneys in corporate governance today. In addition, considers what the recent credit crisis tells us about corporate governance and addresses the increasing role of government as a direct investor in corporations and as a newly empowered regulator of decisions that boards of directors and CEOs used to make by themselves. Reviews reforms derived from the credit crisis, including those in the Dodd-Frank law. Each student must prepare a paper, putting it through two drafts and producing a final that meets all upper level writing requirement criteria. Students take no exam.

Corporations (602)

Introduction to the taxation of corporations and their shareholders, from formation of the corporation to liquidation. Builds on knowledge and skills acquired in the Federal Income Taxation course by examining the tax consequences of corporate events such as formation, capital contributions, distributions, redemptions, stock dividends, and liquidations. In addition, considers substance versus form questions in structuring corporate transactions, choice of business entity issues, the debt/equity distinction, tax shelters, and Congressional and administrative responses to taxpayer behavior. Class discussion focuses on problems designed to develop and test step-by-step understanding of corporate tax fundamentals. There is an examination at the end of the course.

Federal Income Taxation (LAWE600)

Focuses on the law governing corporations, as well as the law of agency, partnerships, and limited liability companies. Discussion will include the choice of business form, distribution of power between managers and owners, fiduciary duties of managers, shareholder voting, and the special problems of close corporations.

A study of the collection of money judgments, with an emphasis on remedies available under state law. Topics include collection procedures and defenses, relief measures for debtors, statutory liens and suretyship.

Placements with state and federal prosecutors and public defenders. Students must have completed the requirements for third year practice certification for all placements. Two-hour classroom component required. Graded pass/fail. See director of Clinical Placement Program for more details.

Examines constitutional law in the criminal context, focusing on the Fourth, Fifth, Sixth, and Fourteenth Amendments. Topics explored include the selective incorporation doctrine, the exclusionary rule, the Fourth Amendment's protection against unreasonable searches and seizures, the Sixth Amendment right to counsel, and the Fifth and Sixth Amendment's application in the area of confessions and interrogation.

Federal and Virginia procedures at various stages of a criminal prosecution, including bail, preliminary hearings, indictments, discovery, speedy trial, double jeopardy, plea bargaining, jury selection, venue, and jurisdiction.

Explores the dynamics of domestic violence, its impact on families, and how our justice system responds to protect and punish those involved. Topics surveyed include mandatory arrest policies, victimless prosecutions, civil protective orders, and community-based services for domestic violence offenders.

Legal issues surrounding education in grades K through 12, including compulsory schooling, use of tax credits and other means of financing education, religion in the schools, textbook review, freedom of expression issues, due process and discipline, and competency role in education.

The clinic represents children with mental disabilities and their families. Law students advocate for children and parents seeking appropriate special education and community-based services mandated by both federal and state law. Students also may represent youth with mental disabilities who are incarcerated or institutionalized. They sometimes serve as guardians ad litem for children with mental health needs in the justice system.

Seminar that will examine laws regulating the political process. Topics will include voting rights, reapportionment, the role of political parties and campaign finance.

Study of federal laws prohibiting workplace discrimination on the basis of race, color, sex, religion, national origin, age, and disability. The primary focus of the course will be on the theories of discrimination that have evolved under the various antidiscrimination laws. Also focuses on specific issues relating to particular types of discrimination such as sexual harassment, sexual orientation discrimination, retaliation and reasonable accommodation of religion and disability. Analyzes the policy underlying the laws and whether the laws are effectively achieving the statutory goal of eliminating workplace discrimination. Discusses the effective use of the federal rules of civil procedure in employment litigation. The grade will be based on a final examination and class participation.

Analysis of statutory and common law regulation of the employment relationship, including employer testing and information gathering, wage and hour regulation, OSHA, workers compensation, wrongful discharge and other common law actions challenging discharge, unemployment compensation, and ERISA. Consideration of what role the law should play in various aspects of the employment relationship.

Experience a labor and employment lawyer's typical caseload: drafting and/or revising employment policies, drafting employment contracts, and advising clients on how to handle particular problems that have arisen with employees. Includes substantive labor and employment law.

Focus on the laws and policies that govern the exploitation of energy resources and the production and distribution of electricity. Includes an introduction to the structure of energy law, and in particular its unique hybrid of three types of laws: (1) natural resources laws (laws regulating individual energy resources such as coal and oil); (2) public utility laws; and (3) environmental laws. Also focuses on the laws and policies that affect resources most important to the Mid-Atlantic region, particularly the laws governing coal, natural gas, and electricity. Further study of electricity restructuring (deregulation) and the ongoing Virginia and federal experience with it (including innovative use of market mechanisms) and global climate change and its relationship to energy industries. Course Requirements: Class discussion, possible in-class simulations and exercises, and either a final paper or a final examination at the end of the semester.

Issues of law and policy affecting the entertainment industry.

Copyright Law (788) or Intellectual Property (641)

Looks at current issues in environmental law through the lenses of ecology, politics, economics, and ethics. Will confront issues such as how law regulates private economic activity, how it allocates scarce resources, and how it weighs the interests of future generations. It will examine the interaction of Congress, federal agencies, the states, and the courts in developing and implementing environmental law, and it will explore the diverse and conflicting perspectives of your potential future clients (environmental groups, government agencies, and businesses). Focuses on the major federal environmental laws, including the National Environmental Policy Act, the Clean Water Act, the Clean Air Act, the Endangered Species Act, and CERCLA, the "Superfund" (toxic waste) statute.

In-depth exposure to the practice of environmental law through case-studies, simulations, and practice problems. Practice in client counseling, regulatory interpretation, drafting, negotiation, enforcement actions, litigation settlement, and legal ethics in environmental law. Class sessions will be devoted to simulations and discussions of written assignments. Case studies and problems are drawn primarily from the areas of air pollution control, endangered species, and hazardous waste regulation, with more limited coverage of other fields of environmental law. Grading will be based on writing assignments and in-class presentations, due throughout the semester. There is no final exam. Meets Lawyering Skills IV requirement.

Environmental Law (LAWE 620)

Examines how China's regulatory and legal frameworks for environmental and energy laws are structured and applied. China continues to struggle with poor air and water quality, and it is the world's largest greenhouse gas emitter, with its emissions increasing rapidly with the country's economic growth and rising energy demand. To address these issues, environmental laws that China has enacted over the past thirty years are being strengthened, and new regulations and standards are being issued. The tall challenge of addressing China's pollution problems is complicated by rapid economic development (and the correspondingly rapid rate of increase in pollution), a political system that continues to give incentives for growth over environmental protection, and a rudimentary environmental monitoring and enforcement system.

Examines a variety of estate planning topics, with an emphasis on those estate planning techniques that are most frequently used in practice. Topics include drafting wills and trust agreements for the benefit of spouses and family members to take advantage of federal gift and estate tax credits and deductions; special valuation rules, specialized trust arrangements, and buy-sell agreements.

Estate and Gift Taxation (633).

The nature of the estate, gift, and generation-skipping transfer taxes and deal with issues that arise in connection with these taxes, such as valuing assets, calculating the tax, determining when a gift is made, qualifying for the gift tax annual exclusion, and determining which assets are included in the decedent's gross estate. Emphasis will be on general concepts and not on technical details.

Federal Income Taxation (600).

Reviews some of the major ethical considerations that confront civil litigators, including ethical considerations surrounding the discovery process, ethical pleading principles, joint defense agreements, inadvertent disclosures, resolving disputes with clients regarding trial tactics, communicating with clients effectively, and setting and collecting fees. Students will examine these and similar questions by studying case opinions, selected secondary materials, applicable ABA Model Rules of Professional responsibility, and participating in weekly discussion.

Delineates the ethical responsibilities of lawyers in family law cases. Issues related to the lawyer-client relationships: communication and confidentiality; conflicts of interests; controlling the case; ethical tactics; ethical negotiations; mediation; and other ethical duties of the family law practitioner are surveyed. Designed to encourage the study and elevate the standards of those who practice family law. There will be case studies and examples of issues that are presented to the practicing family lawyer on a day-to-day basis. The course will combine theory and practice as it relates to helping to guide the practicing lawyer through the maze of ethical issues that are constantly arising in the family law practice. This course is required for those students seeking the Certificate of Concentration in Family Law.

Family Law (707).

Reviews some of the major ethical considerations that confront civil litigators, including ethical considerations surrounding the discovery process, ethical pleading principles, joint defense agreements, inadvertent disclosures, how to resolve disputes with clients regarding trial tactics, communicating with clients effectively, and setting and collecting fees. Examines these and similar questions by studying case opinions, selected secondary materials, applicable ABA Model Rules of Professional responsibility, and participating in weekly discussion.

An introduction to the Federal Rules of Evidence. Concepts addressed include relevance, categorical rules of exclusion, character evidence, competency and credibility of witnesses, hearsay and its exceptions, privileges, authentication, and scientific evidence. May also address judicial notice and civil and criminal presumptions.

Working under the supervision of the clinic director, students will represent low-income clients in the City of Richmond on family law-related matters in a multi-disciplinary collaboration with faculty-supervised graduate students from Virginia Commonwealth University's School of Social Work and Department of Psychology. This is a two-semester clinic. Students will enroll for four credits in the fall semester and continue for four credits in the spring semester.

Examines the legal rules governing family relationships and the policies and principles underlying them. Focuses on the following topics: who can marry; the rights, duties, and obligations of marriage; the state's interest in marriage; the dissolution of marriage; property distribution upon dissolution; the arrangements between divorced parents regarding the custody, support and visitation of children; and various jurisdictional issues relating to marriage, divorce, and custody. A central inquiry of the course will explore what a "family" is, and how the definition of "family" varies according to context, reflecting social values and policy goals. Also pays special attention to policy-based and theoretical questions about families, including how race, gender, and class affect the law's regulation of families, as well as the regulation of nontraditional families. Course materials will cut across multiple legal disciplines, such as constitutional law, criminal law, and contracts.

Brings together federal civil procedure and federal constitutional law concepts and builds upon them. Deals with the relationship between the federal courts and other institutions of government, particularly Congress, the President, administrative agencies and the states. Includes the study of judicial review, judicial independence, jurisdiction, sovereign immunity, and habeas corpus actions, among several other topics. This class is particularly appropriate for students interested in clerking for a judge, or for students who anticipate a career litigating in federal court.

Introduces students to the principles and policies of federal income taxation. Provides a framework for recognizing and dealing with tax issues and with tax-related strategies or transactions encountered in other legal practice specialties, including a basic understanding of the major theoretical and structural issues posed by an income tax, and the policy considerations involved in resolving those issues; a basic knowledge of the individual income tax treatment of various types of business and personal transactions and events (including taxation of compensation and fringe benefits, the taxation of various types of investment vehicles, debt-financed property transactions, installment sales, issues related to capitalization and cost recovery, timing issues, and selected issues regarding taxation of the family); the skills necessary to apply a complex statute; an understanding of the planning function provided by tax lawyers; the technical grounding necessary for further tax study or research.

Analyzes the current law and policy debates that are shaping elementary and secondary education in the United States. Focuses on systemic issues of educational opportunity, such as race and sex discrimination, school finance and school choice. Also explores the role of the government, particularly the courts, in American education. Although the course focuses on the legal and policy decisions that governments, school districts and students are confronting today, it also includes a historical perspective where necessary to inform our understanding of the current issues.

Seminar investigating variety of feminist approaches to law and the study of legal culture. Will explore such contemporary topics as the debate about the meaning of equality; the comparison of liberal, radical and cultural strands of feminist thought; and the intersections between gender subordination and subordination based on race, ethnicity, and sexual orientation. Most readings drawn from books and law review articles, with less emphasis on cases and legal doctrine. Open to all students--men and women--who have an interest in legal theory or sexual equality-even if no prior courses in women's studies, jurisprudence, or gender-based discrimination.

Examines American constitutional law pertaining to religion, speech, and the media, including the law pertaining to aid for sectarian schools, prayer in public schools, conscientious objection, censorship, association, and access to trials and state secrets.

A multidisciplinary exploration of the ancient and medieval roots of the modern Western family through law, linguistics, and history. The course will explore the degree to which the modern family has been influenced by Roman and medieval law

Explores America's historical, political and legal debates over the meaning and extent of the equality ideal. Study of the history, the drafting debates over the Declaration, Constitution and post-civil war amendments, and the entire range of Supreme Court jurisprudence dealing with equality issues from pre-Civil War through the present day. Also explores the ambivalence over how equality is defined says about us as a nation (recognizing that many nations do not place the equality principle in a central position in their legal or political framework) and how the evolution of legal doctrine in the area might suggest future applications of the 14th Amendment.

Analyzes how the law both facilitates and undermines the provision of justice along gender lines within legal, political and educational institutions and in work and family life. Begins with an introduction to feminist legal theory and the various ways that it can inform our critique of the law. Also explores how the U.S. Constitution determines equality between men and women and how the law both provides and denies justice to women in family life, in education and in the workplace, including within the legal profession.

Focuses on the federal and state laws and regulations applicable to the health care industry, with a particular focus on the regulation of health care providers. Topics covered include: laws regulating referral relationships between health care providers (e.g., the federal anti-kickback statute, the federal Ethics in Patient Referrals Act and the Virginia Practitioner Self-Referral Act); the federal False Claims Act and the false claims provisions of the Social Security Act; application of the antitrust laws to health care providers; licensure of health care providers; and, state certificate of need laws.

Explore the law and policy of housing. Considers the housing market in the United States, both for renters and for homeowners. Topics may include housing affordability, inclusionary/exclusionary zoning, the subprime mortgage crisis, government programs, and housing discrimination.

A general introduction to international human rights. Issues covered include nature of concept of human rights; origin and development of the International Bill of Rights; thematic procedures available for protection of human rights in the United Nations; standards and methods for international fact finding on human rights; cultural relativity in human rights law; implementation of the International Covenants on Social, Economic and Cultural Rights in the United States; the Inter-American Human Rights Process; and the ability of the United States to impact human rights in Third-World countries

Explores the statutory and policy aspects and underpinnings of immigration law, including immigrant and nonimmigrant classifications, admission and exclusion issues, immigration compliance and immigration reform.

Placements are available with both national and international corporations. The placements are only offered during the spring semester. Two-hour classroom component required. Graded pass/fail. See Clinical Placement Program director for more details.

Examines the laws, regulations, and norms governing the use of information about people. Study of information privacy law drawn from tort law, state and federal legislation, and the Constitution. Topics include privacy and the media, workplace privacy, medical and genetic privacy, privacy and online transactions, and personal records and information.

Explores new and emerging technologies that are transforming the practice of law. Considers the role of technology as a driver of change in the legal industry, and surveys topics including automated document assembly, expert systems, e-discovery and predictive coding, and virtual law firms, among others. Students will work in teams to design software applications to improve delivery of legal services by community legal aid organizations, and to present the applications they develop to the class. No programming or software development experience is required.

Analysis and resolution of insurance coverage disputes, involving insurance of the person life and health insurance), property insurance (i.e. homeowners and commercial property insurance) and liability insurance (i.e. automobile insurance, and commercial general liability insurance). Analysis of the formation, operation, and termination of the insurance contract; the insurable interest requirement; insurers' limitation of risk; waiver and estoppel defenses; coverage and exclusion to coverage; insurers and insureds obligations when loss occurs; and government regulation and control of the insurance industry. Taught in both a lecture-discussion and Socratic mode, with a three-hour essay examination at the course conclusion.

Survey of intellectual property law, including copyright, trademark, patent and other subject matters. Serves as the foundation course for the specialist who wishes to pursue the Intellectual Property certificate, but also a good choice for the generalist who simply wants to learn the basics of intellectual property law.

Examines the legal and public policy considerations regarding intellectual property protection in various fields and industries. In particular, explores whether intellectual property protection and enforcement is beneficial and necessary for the creation, development, and commercialization of different ideas, expressions, and other intangibles.

Examines federal and state intellectual property causes of action, defenses, and remedies. Mechanisms for enforcing and challenging rights in patents, copyrights, trademarks, and trade secrets are discussed. Pretrial considerations, pleadings, and discovery are considered, as well as trial, appeal and alternative dispute resolution.

Intellectual Property Fundamentals (641)

Students represent for-profit and not-for-profit organizations, as well as artists, authors and inventors from a variety of backgrounds. Students will help business startup clients by engaging in business formation counseling and by preparing and filing charter documents. Students provide legal services to established clients, such as negotiating and drafting contracts, providing corporate legal services and analysis, and facilitating strategic decision-making. Students help clients acquire and license a variety of intellectual property rights.

Introduction to the main characteristics of international arbitration. Examines the advantages and disadvantages of arbitration, and why parties may prefer arbitration. Also looks at the arbitration agreement, the process of arbitration, and the enforcement of arbitral awards. Reviews both commercial and investment arbitration and survey the main various arbitral tribunals and their rules, including ICSID, ICC, and ILCA. Examination.

Experience in dealing with typical international legal problems and challenges facing Virginia businesses. Students are called upon to identify legal issues, research appropriate and applicable laws, develop legal strategies and present their findings to a Virginia business client. Law student teams work with MBA student teams from a participating business school to prepare international business plans to introduce client-firms' products or services into selected foreign markets. The teams prepare comprehensive written reports and make formal oral presentations of their strategies and the legal issues they have identified to senior management of the clients. Assessment: (Grade allocation percentages are subject to change depending on project-type). The course is being offered on a graded basis, and the grade will be comprised of the following components: Final Written Report 40%, Final Oral Presentation 20%, Class Attendance, Participation Time Sheets, etc. 15%, Document Drafting Exercise 25%.

Problems in international trade and investment; regulation of international trade by national governments and international agencies. Emphasis on lawyer's role in counseling firms engaged in international activities.

Overview of entire international commercial arbitration process including: history of its development; legal bases for arbitral jurisdiction; judicial enforcement of arbitration agreements; the leading arbitral institutions throughout the world; the applicable substantive and procedural laws; and enforcement of final arbitral decisions (called "Awards") in national courts. Also covers the basics of drafting arbitration agreements and the various stages of arbitration proceedings from the filing of a Request for Arbitration all the way through enforcement of the arbitral Award.

Introduction to existing international courts and tribunals and their jurisdiction, including courts that have general jurisdiction to hear inter-state disputes (the International Court of Justice, the Permanent Court of Arbitration, ad hoc bodies) and courts and tribunals that have specialized subject-matter jurisdiction. Examines courts and tribunals competent to hear international criminal law, including the International Criminal Court, ICTY and ICTR. Analyzes regional courts and tribunals that hear cases related to human rights abuses. Also studies investment disputes (state/investor) and the principle available fori, including ICSID and NAFTA and ad hoc tribunals and claims commissions, such as the Iran-US tribunal, the UN Compensation Commission.

Explores how the international community has managed and mismanaged global environmental problems since the watershed UN Conference on Environment and Development in 1992. Involves a mix of readings, discussions, and simulations in various fields of international environmental law, with a particular focus on climate change, biodiversity, and international regulation of toxic hazards. Cross-cutting themes include North/South disputes, the precautionary principle, liability as a compliance mechanism, and the involvement of non-state actors in creating and implementing international environmental law. The major assignment for the course will be a seminar research paper.

Aspects of both public and private international law, as well as efforts to harmonize intellectual property over multiple countries and comparative aspects, considering basic differences in approaches to intellectual property in both national and international systems. Will cover all major international IP regimes (WIPO, WTO, the EU), as well as the major areas of intellectual property law (patent, copyright, trademark, and trade secret). Will also touch on the interaction between trade policy and IP law. Other topics may include areas of current interest, such as compulsory licensing of patented medication, protection of traditional knowledge of indigenous peoples, or issues related to the World Wide Web.

Intellectual Property Fundamentals (641) or at least two of the following: Patent Law (744), Copyright Law (788), or Trademark Law (710).

Basic principles, including sources of international law, settlement of international disputes, responsibilities and immunities of sovereign states, human rights, and the machinery of international law and justice.

In-depth analysis of pretrial lawyering skills using interdisciplinary materials. Explores interpersonal relationships, focusing on role of attorney in relation to client, the legal system (including other attorneys), and society. Classroom discussion and development of own skills through weekly audio- and video-taped simulations. Enrollment limited.

Focus on basic elements of Islamic jurisprudence as articulated by basic Islamic texts. In presenting and discussing these elements, attention drawn to the rich diversity of interpretations of these elements and their corollaries that have been generated throughout the ages. Some interpretations as embodied in present-day legal systems will be critically evaluated in light of certain concepts with which students are familiar.

A seminar on various legal topics for the John Marshall Scholars.

Placements are offered in the chambers of both state and federal judges. Students assume the role of a law clerk. Opportunities are available at both the trial and appellate levels. Two-hour classroom component required. Graded pass/fail. See director of Clinical Placement Program for more details.

Intensive study of selected schools of legal philosophy, including attention to analytical jurisprudence and positive law, theories of justice, and sociological jurisprudence.

Designed to focus on the global economy and will cover labor and employment issues related to such topics as to why jobs are being relocated to foreign countries and how this affects the work force in the United States. Topics of discussion include how changes in trade policies, transportation, and communication have made it possible for American and foreign corporations to do business anywhere in the world; current laws pertaining to shutdown and plant relocations and whether these are adequate; the effect of plan shutdowns on communities and what further actions should be taken to mitigate effects; the effects of NAFTA on U.S. employees and employers and what to expect if present trends continue; and recent developments concerning China and Mexico.

Analysis of origin and scope of National Labor Relations Act and role of the National Labor Relations Board and the courts in interpreting the statute. Focus on right of employees to organize unions, choice of bargaining representative, strikes and picketing, and negotiation and enforcement of collective bargaining agreement.

Government control of use of land and eminent domain. Zoning, subdivision control, and urban redevelopment and planning.

Focuses on many of the practical, nonlegal aspects of law practice to include information on financial management, administration, technology, insurance, marketing, and issues related to the firm owners including compensation and agreements. Guest presenters will be experts in their particular fields who will share practical experiences in their respective areas.

Focuses on many of the practical, nonlegal aspects of law practice to include information on financial management, administration, technology, insurance, marketing, and issues related to the firm owners including compensation and agreements. Guest presenters will be experts in their particular fields who will share practical experiences in their respective areas.

Introduces students to economic analysis of law--an approach which, significantly, more and more courts and administrative agencies have adopted to resolve legal issues in recent years. Previous exposure to subject of economics is not required. Students will undertake a close and critical study of selected economic theories and principles that inform the legal rules governing, for example, bargaining, allocation of risk, strategic behavior, and property rights. Focus on areas of substantive law such as contracts, torts, antitrust, and intellectual property, where economic analysis currently plays a prominent role in policy and in practice.

Explores the challenges and opportunities that come with new policies seeking to promote renewable energy and transition to a low-carbon electricity system. Covers attributes of specific types of renewable energy (including wind, solar, and biofuels) and mandates and goals for renewable energy (including renewable portfolio standards and feed-in tariffs); federal, state, and local demand response laws, including their relationship to the Smart Grid; state and federal laws governing the siting and permitting of renewable energy facilities; tax and other incentives for demand response and renewables; ratemaking, wholesale markets and other aspects of the sale of electricity; and financing mechanisms for transactions involving efficiency and renewables.

Covers the rapidly growing body of judicial, regulatory, and international law on control of greenhouse gases in the U.S. and around the world. Takes an intensive, comparative look at legal developments and the effectiveness of various policy instruments in state, regional, national, and international forums where this evolving body of law is being made.

Contemporary law of armed conflict, surveying briefly jus ad bello, i.e., theories of aggression, just war & reprisal. Emphasizes jus in bello, including certain rules of engagement (targeting and neutrality), the rights of captured persons and civilians, and institutions for national and international management. Grades will be awarded by reference to either a term paper or several shorter essays.

(Offered only in Cambridge Summer Program). Surveys institutions of the EU and examines substantive principles of EU law and their integration into the legal systems of member countries.

One semester course learning targeted legal subjects in Spanish. Topics include immigration law, family law, labor law, contract law and criminal law and use materials written by Latin American Professors of Law and notable US attorneys. Lectures delivered in Spanish. Each class will be a combination of an academic presentation and a practical exercise exposing students to the practicalities of dealing with Hispanic clients including cultural differences of the Hispanic population. Students are assessed on a weekly basis by completing exercises which will cover: drafting memos, short essays and client letters in Spanish; preparing presentations for Hispanic audiences attending the pro bono legal clinics at the Virginia Hispanic Chamber of Commerce; and a final project. Students will have the opportunity to participate in the pro bono legal clinics offered by the Virginia Hispanic Chamber of Commerce with the support of leading law firms from Richmond twice a month and may work alongside attorneys interviewing Hispanic clients seeking legal advice on immigration, labor and family matters.

Focuses on microhistory as a technique for exploring the role of law in society. A microhistory is a case study of a particular incident that sheds light on broader issues of race, class, gender, economics, and power. Explores the various ways that legal historians use case studies to enlarge our understanding of the past.

Explores the history of the common law and the development of Anglo-American legal institutions. Focuses on the evolution of the jury system and the distinction between law and equity.

Overview of statutory interpretation and creation of public policy through legislation. Topics include procedures of statute creation, role of interest groups, various competing models or theories of the legislative process. In addition, consideration of doctrines and theories of interpreting statutes, including rules, presumptions, and canons of interpretation.

Provides students the opportunity to develop the practical knowledge base and skills to be able to represent clients and themselves in legislative and regulatory processes. The context for classes will be Virginia state government. Classes will consist of a combination of lectures by the professor and guests as well as participatory exercises such as role plays. Skills to be taught within the public policy context will include listening, negotiation, legislative drafting, lobbying and testifying before committees. Grades will be based on class participation and written work, including weekly entries in a journal, to be kept throughout the semester.

Will help equip students to manage creatively the impact of intellectual property on personal, business, and public life through contracting. Cases and problems illustrate processes involved in negotiating and formalizing domestic and international licenses in patents, trademarks, copyrights, and trade secrets. Consideration given to issues associated with UCITA, software, music and multimedia licensing, as well as valuing, selling, and monetizing intellectual property assets.

Focuses on legal issues in local government law with a practical approach. Covers a variety of topics that are relevant to local government law, except for education law and environmental law. Thorough research skills and the ability to identify and analyze legal issues are critical requirements in this course.

Explores legal and public policy considerations surrounding the economic relationship between spouses and between couples and the state. Topics will include the disparate treatment of married couples, unmarried couples, and singles; marriage promotion initiatives; the economic consequences of childbearing, childrearing, and household labor; marital contracts; control over property during marriage; divorce; and spousal inheritance protections. While the course explores a specific area of the law, special attention also will be given to the craft of writing. Accordingly, seminar meetings will combine policy discussions with group critiques of participants' work. The grade for the class will be based on students' writing, an oral presentation, class participation, and constructive feedback on classmates' work.

Liability of physician for injuries arising out of the physician patient relationship. Includes coverage of standard of care, causation, informed consent, intentional torts, and recoverable damages.

Focuses on the law governing corporate mergers, acquisitions, recapitalizations, and proxy contests. Discussion will include transaction structure, purchase agreements, stockholder litigation, and relevant state and federal laws, with a primary focus on fiduciary duties in the context of buying and selling a business.

Will study two types of material: (a) the Islamic jurisprudential foundation of family law, and (b) actual personal status laws (family laws) in select Muslim countries. In both cases, the discussion will be aimed at understanding both the religious principles and cultural influences that play a role in the formation of the codes. The discussion will raise and address important related current issues, such as honor killings, right to work, right to political participation and rape laws. Students will be encouraged to develop comparative perspective on family laws among the Muslim states and with respect to the United States.

What makes a legal essay into a page turner? What makes an oral presentation riveting? What does knowing how to tell a good story have to do with being a good lawyer? How can you write so that your personal voice shines through your legal prose? How can visuals clinch or undermine an argument? In this non-traditional seminar we look at the relationship between principles of literary composition and the narrative structure of legal argument. Weekly exercises are designed to develop participants' analytical as well as creative talents. Topics include: legal writing as an art, op-ed writing, screenwriting, visual persuasion and the law, writing from the body, drawing from the right side of the brain, and oral storytelling. The seminar is designed for students of all backgrounds who are interested in becoming better writers and thinkers.

Introduction to the theory and practice of negotiations. Game theory, economic model bargaining, social-psychological theories and the problem-solving negotiation theory are each studied. Explores the different negotiation styles, techniques of preparation and information gathering, persuasion and the process of exchange in bargaining. Both dispute resolution and transactional negotiations are reviewed.

Examines the nature, formation, governance and operation of nonprofit organizations. Topics include the law governing nonprofits; the skills necessary to create, operate, and advocate for nonprofit organizations; determining the legal form of the organization; tax exempt status; fundraising (charitable giving, solicitations, legal regulation of such activities); duties and responsibilities of the board of directors; liability of nonprofit organizations; and ethical issues for nonprofits. The class is designed for both law students and business students. Guest speakers from area nonprofits will supplement the readings and discussion. Readings will include case studies, as well as cases and articles from legal and business sources. A field trip to a nonprofit organization may be taken. Class project involves a case study of a nonprofit, advising the nonprofit organization on legal and business issues and where appropriate, assisting the nonprofit in organizing, establishing organizational and operational documents, filing for tax exempt status, and/or creating operational policies. The final grade will be based on class participation, written responses to case studies, and the students' work on the class projects.

Covers fundamental doctrines of patent law and is designed to serve as a basic course for those who wish to specialize in this field, as well as to provide a general background for a corporate or business practice. Topics will include eligible subject matter for patenting; conditions for patentability, including utility, novelty, non-obviousness, enablement, best mode, definiteness, and adequate written description; patent infringement; defenses; and remedies. Will study statutory aspects of patent law, as well as judicial interpretation by the Supreme Court and the Federal Circuit Court. Further, course will consider justifications for the patent monopoly. An engineering or science background is not required to take the course.

Explores the art of drafting a patent application and the subsequent prosecution of the application through the Patent and Trademark Office (PTO). Will include some necessary detail with respect to PTO Rules, but will also cover the strategy and reasoning behind various drafting techniques. Directed to students who plan to become patent practitioners as well as those who are simply interested in the process.

Enhances understanding of critical pretrial tools and provides practical experience with using these tools. Course requires drafting a variety of pretrial documents that are frequently used in litigation, such as a complaint, answer, pretrial motions, and a variety of discovery tools. Also provides practice of such skills as interviewing clients, arguing motions and negotiating settlements. Focuses on the correct use of the Federal Rules of Civil Procedure but relevant in state court litigation as well.

Analyzes the affirmative cause of action for personal injuries caused by defective products, applicable defenses, and other relevant theoretical, policy and practical issues. Emphasis is on strict liability in tort under Section 402A of the Restatement of Torts and national developments; however, relevant Virginia developments will be assessed.

Combines both advanced legal research and writing instruction with a client-based experience. Provides students with an opportunity to explore advanced legal research in the public policy field, develop their writing skills in the context of creating an issue paper, and engage in client relations with nonprofit organizations from the greater Richmond community.

Focuses on the intersection of race and religion, and their impact on the law as expressed in American judicial decisions. To facilitate this inquiry, the course furnishes historical background regarding the evolution of the concept of race in western societies, especially Europe and the United States. Also addresses how religious traditions, notably Christianity, have impacted the understanding of race.

Surveys modern real estate transactions, such as condominiums, cooperatives, sales and leasebacks, leasehold mortgages, FHA and VA financing, tax consequences, title insurance, construction loan agreements, and shopping center leases.

Study of the interrelationship of legal rules, politics, ideology, and socio-economic realities that shape reproductive rights and justice. Explores the meaning of "reproductive rights" and "reproductive justice," and considers a wide spectrum of related topics, including types of abortion restrictions upheld since Roe v. Wade and Planned Parenthood v. Casey, access to contraception and reproductive health services, new reproductive technologies, and the U.S. government's role in reproductive rights, among others.

Putting legal theory into the practical context of its ultimate remedy for the client, covers primarily equitable remedies Covers the equitable remedies of bills of peace, receiverships, injunctions to enforce contracts, injunctions to prevent torts, constructive trusts to prevent unjust enrichment, restitution, equitable defenses, contempt of court, etc and a broad range of general legal topics, including the remedies available for breach of contract, commission of torts, waste and nuisance to property, civil procedure (injunctions and contempt of court), etc. Looks at the broad areas of the law from the point of view of the remedy available to the litigant. Method of Assessment: The students argue each of the cases, and then there is class discussion. At the end of the course, each student will be required to write a 1,000 word essay on some topic of equity, and there will also be an examination.

Students may assist professors on the full-time faculty in their scholarly research efforts, either for pay (under the University Work Study Program), or for academic credit, though not for both at the same time. Students may earn up to four hours of academic credit toward their degree requirements by serving as unpaid research assistants. The credit hours may be pass/fail or graded, at the option of the student, and with the permission of the professor. Graded credit hours require a written work product by the student that will enable the professor to determine an appropriate grade. To receive academic credit, the student must work an average of four hours per week throughout the semester, for each hour of academic credit earned. Registration is with permission of the professor and the dean's office. Limit of four semester hours total.

Independent research on approved selected topics. Topic must be approved in writing prior to registration by the associate dean and by the instructor under whose supervision the research is conducted. Limit of three semester hours total for independent research projects.

Covers the role of the lawyer in mediation. Designed to provide students with skills necessary to effectively represent their client in the mediation process. Will explore differences between interest-based and positional negotiation. Stages of the mediation process and the role of the mediator will be reviewed. Additional areas that will be addressed include the attorney's ethical obligation to inform clients about dispute resolution options, factors that should be considered in assessing whether a case is appropriate for mediation, preparing for mediation, collaborative problem-solving, and effective strategies in representing clients in the mediation process. Students will engage in a series of mock mediations to develop their advocacy skills and will be introduced to various applications of mediation by the courts, state agencies and private entities.

Articles 2 (Sales) and 2A (Leases) of the Uniform Commercial Code, including the structure and methodology of the Uniform Commercial Code, as it is reflected in Articles 2 and 2A, and the Code's relationship to, similarities with, and differences from the general law of contract, property and tort.

Technical and legal aspects of scientific aids in the trial of civil and criminal cases. Scientific experts participate as guest lecturers.

An introduction to the law governing contractually created interests in personal property used to secure payment or performance of obligations. Study of the creation, perfection, priority and enforcement of security interests in personal property under Article 9 of the Uniform Commercial Code. Also includes an examination of relevant provisions of the Bankruptcy Code and some other state and federal statutes that affect security interests.

Discussion of the theory of disclosure, examination of information that is important to investors ("material" in securities lingo), and investments that fall within the definition of a "security" under federal law. Considers, mandatory disclosure by public companies; antifraud statutes (some of which apply only to public companies and some to both public and private companies); Rule 10b-5 (complete with some insider trading law); the law governing public offerings of securities; the exemptions that permit a company to sell securities outside the elaborate registration process that governs public offerings; and the rules governing re-sales. Focuses exclusively on federal law and its variety (statutes, rules and regulations, court rulings, SEC staff bulletins, no action letters, comment letters, etc.). Also considers selected aspects of enforcement of the securities laws by the SEC, the federal criminal authorities, and private lawsuits.

Corporations (LAWE 602)

Seminar presenting overview of the law of the European Union. Covers both aspects of EU Law: the institutional or "constitutional" aspects and substantive law. In the first portion the roles of the EU's four principal institutions are considered, as are their relations to the governments of the member states and the lawmaking process. This portion provides insights into issues of federalism as understood in this country. The second aspect covered, the substantive law of the EU covers topics including competition, intellectual property, workers' rights, and the monetary union. Topics covered are those thought to be of most relevance to U.S. interests doing business within the EU.

(Offered only in Cambridge.) Consideration of various discrete issues of public international law, including statehood, boundaries, the law of war, jurisdiction and state responsibility, and their relation to municipal law.

The law school generally offers one course which may be offered only one time. These courses are in an area of special interest to a faculty member. Details are provided in the registration materials. Depending on this particular offering, this course may meet the upper-level writing requirement.

Seminar examines legal rights of lesbians and gay men. Explores concept of sexual orientation and legal system's regulation of life experiences of lesbians and gay men, including sexuality, expressions of identity, public and private employment, same-sex relationships, and parenting.

An in-depth, interdisciplinary look at a limited number of subjects of special interest within the field of Evidence for students who have already completed the basic course in Evidence. Topics addressed may include the analysis and proof of facts in the creative case-building process; probabilistic evidence; neuro-scientific evidence; character evidence reconsidered in the light of personality theory; and the modern reconstruction of Confrontation Clause jurisprudence. Students will produce, and present in class, a substantial research paper.

Evidence (599)

A survey course addressing legal issues presented by both professional and amateur sports in a variety of settings. Examines such issues as the legal concept of amateurism, the organization of amateur sports associations, and eligibility for participation as an amateur, especially in the context of intercollegiate athletics Also focuses on gender and disability discrimination issues, the organization of professional sports with the power of the commissioner and the organization of leagues. The application of antitrust law to amateur and professional sports will also be examined, along with issues presented by the representation of professional athletes and the enforcement of sports contracts. Criminal and tort liability issues presented by sports participation will also be discussed, along with workers compensation and drug testing issues.

Placements are available with law firms/chambers; government related agencies and organizations, such as the House of Commons and Crown Prosecution Services; law societies; citizens' advice bureaus; royal courts; property management and development firms, financial institutions; and the legal departments of media and entertainment firms. Two-hour weekly classroom component required. Graded pass/fail. See director of Clinical Placement Program for more details.

Examines the Supreme Court as an institution and the nature of judicial review as an institutional practice. In addition to traditional doctrinal materials, draws on a mix of historical, biographical, and journalistic materials. Topics to be studied include the Court's agenda-setting process, the deliberative and opinion-writing process, the roles of law clerks and the Supreme Court bar, and institutional challenges for the future.

Designed for students generally interested in public policy issues as well as for those specializing in tax. Focuses on the policies and structures of a well designed tax system; examines the goals, politics, and history of tax reform; and provides an overview of the central policy issues raised by income-based and consumption-based tax systems.

Nature and formation of a partnership; taxation of partnership income; transactions between related parties; termination of partnership; sale of partnership interest; distribution by partnership; special basis adjustment; and distribution to retiring or deceased partners. Also includes treatment of pass-through entities.

Federal Income Taxation (600).

Much of our training as lawyers channels us into an adversarial mindset, but some practitioners, judges, and scholars believe that the law, at its best, is a healing profession. Examines the work of lawyers who embody this vision, focusing especially on the contemplative law movement and including an introduction to mindfulness meditation. Includes topical sessions exploring practice-oriented applications of the approaches discussed (e.g.,sessions on will drafting, sexual consent laws, and the Israel-Palestine conflict). Provides a framework for examining our purpose in pursuing a legal education and for envisioning a professional identity that is in harmony with our personal, spiritual, and communal values.

Will cover federal and common-law trademark law, trade secrets, and unfair competition. Within the unfair competition section, topics will include interference with contractual relations, trade libel, unfair competition under the Lanham Act, publicity rights, and consumer protection. Will also examine public policies and economic considerations underlying these rules that govern competition within the marketplace. In addition to these basic topics, will cover areas of current interest, such as the application of traditional principles to non traditional media, i.e. the Internet.

Will focus on developing and refining practical skills, including conducting intellectual property audits, filing domestic and Madrid Protocol applications with the U.S. Patent and Trademark Office, trademark examination rules and procedures, conducting opposition proceedings, copyright filings, franchising issues, developing and implementing trade secrets policies and programs for businesses, licensing, and ethics.

Builds on the core contract concepts in Contract Drafting by allowing students to delve deeper into the contractual and business issues that transactional lawyers routinely face. Explores representations and warranties, indemnity, and the endgame, specifically focusing on the business issues that support those types of provisions and how they are used to allocate risk in a deal. A focus on ethical issues in transactional practice will be a continuous theme. Ethical issues include conflicts of interest, waiver of conflict, attorney-client privilege, representing multiple parties, negotiation tactics.

Specialized course in Virginia civil procedure which covers the subject of procedure from the point of view of practice in the Virginia state courts. Covers every aspect of procedure from self-help, subject matter jurisdiction, active jurisdiction, service of process, venue, parties, pleading, discovery, pre-trial motions, motions at trial, post-verdict motions, judgments, costs, and appeals Taught by lecture and discussion.

Study of what are generally considered to be business or organizational crimes. Topics to be explored may include: mail and wire fraud, conspiracy, public corruption, perjury (including false statements and false claims liability), money laundering, federal sentencing guidelines, the Racketeer Influenced and Corrupt Organizations Act, grand jury practice and internal investigations.

Begins the development of the practical skills necessary to draft an effective will. Anticipated topics range from issues arising in the determination of whether or not a client possesses the mental capacity to draft a will to drafting specific provisions to increase the flexibility of a testator's plan for disposition. Some attention may be given to the drafting of trusts given the ever-increasing importance of the trust as an estate planning tool that is often created by the language of a will.

Considers the transmission of property when an owner dies: laws of intestate distribution that are applied where there is no will; the use of wills , including rules of execution, change and interpretation; and the intention and use of trusts, with emphasis on the role of trusts in estate planning.

With supervision from the director of the Institute of Actual Innocence, students will screen, investigate and, when possible, help prepare cases for post-conviction litigation under Virginia's Writs of Actual Innocence. Litigation work is only possible when a case has matured to that level. Students will work in teams. The cases selected for investigation and litigation are those where there is substantial evidence of innocence. Prerequisite: First priority for enrollment goes to students who have completed the Wrongful Conviction Seminar (770). Students who have not completed the seminar must obtain approval to enroll in the clinic.

First priority for enrollment goes to students who have completed the Wrongful Conviction Seminar (770). Students who have not completed the seminar must obtain approval to enroll in the clinic.

A topical introductory course addressing the causes of wrongful convictions. The readings are multi-disciplinary and heavily drawn from law review articles. Class participation is an important piece. The class has several guest speakers who address public policy issues in the area of wrongful convictions. Those who take this course have priority for the spring clinic, but students not planning on the clinic are also encouraged to enroll. There is no final exam.