FACT-WRITNG & PERSUAS LEGL DOC (ADVOCACY AND LEGAL SKILLS - 7080)
This course provides advanced instruction on how to deliver the client's story to a court in complaints, affidavits, and statements of the case. Students will learn narrative structure theory, and will work with case files and records to develop the storylines necessary to support legal claims and defenses. Grades will be based on classroom writing exercises, and first drafts and rewrites of three legal documents.
Prerequisite: LEGAL WRITING II
FAMILY LAW (FAMILY LAW - 1000)
This course explores the nature of marriage and the family as legal institutions. Beginning with the establishment of a family unit through either ceremonial or common-law marriage, the course considers the legal relationship among various members of the family, and examines the problems arising on disruption of the family unit through separation, annulment, or divorce. Grades are based upon a final examination.
Elaine M. Chiu
Teresa J. Grogan
Theresa A Hughes
Alan David Scheinkman
Lewis A. Silverman
FAMILY LAW PRACTICE (FAMILY LAW - 1010)
This course will examine practical aspects of matrimonial trial practice, pleadings, motion practice, examinations before trial, tax aspects and equitable distribution. Separation agreements, custody and adoptions will also be studied. Grades are based upon the papers submitted and the skills demonstrated.
Prerequisite: FAMILY LAW AND LEGAL WRITING II
Vincent F. Stempel
FAMILY MEDIATION CLINIC (ADVOCACY AND LEGAL SKILLS - 1015)
This one-semester clinical program is available to second- and third-year students and to part-time students who have completed three semesters. Distinguishable from the court experience of divorcing families, mediation offers divorcing families an opportunity to end their marriage with dignity. Participating students will have the opportunity to participate in all aspects of divorce mediation: educating potential parties about mediation; collaborating with the court, professionals and mediation community; conducting domestic violence screenings; co-mediating cases; preparing agreements to mediate; drafting summary letters. Mediations and writings will be supervised by an internationally respected family mediator. Interested students will apply to the instructor.
Prerequisite: MEDIATION SKILLS: DIVORCE
FAMILY VIOLENCE & SEX. ASSAULT (CRIMINAL LAW - 1030)
This course will survey the legal issues involved with domestic violence, child abuse and sexual assault cases. The course will focus on such issues as the battered women's syndrome, child abuse prosecutions, shaken baby syndrome, date rape and forcible rape. The course will be taught through lectures, videotapes, guest speakers and interactive mock trial of an actual child abuse rape case. Grades are based upon class participation, a mock-trial exercise and a final examination.
Marjory D. Fisher
Rhonnie B. Jaus
FEDERAL CIVIL DISCOVERY SEMINR (STATE AND FEDERAL PRACTICE - 3030)
This litigation-oriented seminar not only offers an overview of the structure and interplay of the federal rules governing pre-trial discovery, but also provides an opportunity for in-depth analysis of challenging issues relating to the discovery process. Such issues will involve, for example, the appropriate balance between an individual's privacy interests and the need for fair disclosure, the recent explosion of electronic discovery, with its cost and other ramifications, the scope of the many federal privileges that may be asserted as bases for withholding discovery, the parameters of expert discovery, special problems in third-party and foreign discovery, and the role of the Court in overseeing the discovery process. This seminar is a reading and discussion-based course, taught primarily from recent judicial decisions, and is intended to complement the Pre-Trial Advocacy elective. Grades will be based primarily on a mid-term paper, in the form of a written argument on a discovery dispute, and a final paper, in the form of a judicial opinion.
Prerequisite or Corequisite: EVIDENCE
Debra C. Freeman
FEDERAL COURTS (STATE AND FEDERAL PRACTICE - 1070)
This course focuses on the federal judicial system, concentrating on the bases, scope, and limitations of jurisdiction in the United States District Courts, the United States Courts of Appeal, and the United States Supreme Court. The course deals with the distribution of power among the federal courts and the other branches of the federal government and between the federal government and the states. The course will also examine the substantive law to be applied in federal courts and conflicts arising between state and federal courts. A portion of the course deals with some of the same concepts and topics dealt with in Civil Procedure, Constitutional Law and Conflicts of Law, but approaches them from the perspective of the federal judicial system. Grades are based upon a final examination.
Prerequisite: CIVIL PROCEDURE
FEDERAL PRACTICE (STATE AND FEDERAL PRACTICE - 1080)
This course differs in purpose and content from Federal Courts in that it concentrates on essentially non-jurisdictional, practical problems of litigation in federal courts. The course will provide in-depth coverage of federal discovery practice, including an analysis of individual discovery methods and their relative strengths and weaknesses as well as discovery privileges and sanctions for abuse and non-compliance. The course will also examine res judicata and collateral estoppel, sanctions, class actions, equitable provisional remedies, summary judgment, extraordinary writs, awards of attorneys' fees, the right to jury trial, multidistrict litigation and the Manual for Complex Litigation. Grades are based upon a final examination.
Prerequisite: CIVIL PROCEDURE
Edward D. Cavanagh
Paul F. Corcoran
FIRST AMEND RELIGION CLAUSES (CONSTITUTIONAL LAW - 1070)
This seminar explores the interaction of law and religion in American society. It traces the history of American religious liberty and explores the continuing evolution of the Supreme Court's Establishment and Free Exercise Clause jurisprudence. Among the topics discussed are: state financial assistance to religion; restrictions on religious speech; religious displays on public property; religion in the public schools; the autonomy of religious communities; and state accommodation of religious practices. Grades l shall be based on a substantial research paper, an in-class presentation, and class participation. Students who take this course may not also take Law and Religion Seminar: Comparative and International Perspectives (Constitutional Law - 1090).
Prerequisite: CONSTITUTIONAL LAW
Mark L. Movsesian
FRIST AMEND FREEDOM OF EXPRESS (CONSTITUTIONAL LAW - 2060)
First Amendment: Freedom of Expression. Ths course provides an overview of the subset of First Amendment Law pertaining to principles of freedom of expression. Topics may include: the history and theory of free expression, categories of unprotected speech, limits on government regulation of expression and expressive conduct, freedom of the press, freedom of expressive association, regulation of political campaigns, and regulation of communications media. Grades will be based on a final examination.
Prerequisite: CONSTITUTIONAL LAW