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MASS MEDIA LAW SEMINAR (CONSTITUTIONAL LAW - 1060)
2 credits
This seminar surveys the principles, laws and regulatory policies that shape the American mass media. With a focus on the ubiquitous role of the First Amendment, the course will consider a range of regulatory problems where mass media freedom of expression is concerned. Among these issues are defamation, national security, hate speech, incitement, privacy, prior restraints, commercial speech, election speech, obscenity, indecency, newsgathering, reporter's privilege, access, and the particular qualities of broadcasters and the Internet. Grades are based upon a research paper
Prerequisite: CONSTITUTIONAL LAW
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MASS TORT BANKRUPTCY (BANKRUPTCY LAW - 2050)
1 credits
This course will examine the complex nature of bankruptcies involving massive numbers of lawsuits arising primarily from product liability. Students will be exposed to the considerations needed for the protection of the various parties in interest, i.e., plaintiffs, the extent of whose injuries are known or not yet fully determined; potential plaintiffs who have not yet suffered injury; and the stockholders and creditors of the debtor. The sufficiency of funds established to meet obligations and channeling injunctions will be considered. Prerequisite for J.D. students: Creditors' Rights.
Prerequisite: CREDITORS' RIGHTS
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MATRIMONIAL JUDICL ADR EXT PLT (ADVOCACY AND LEGAL SKILLS - 1086)
2 credits
Matrimonial Judicial ADR Externship Placement Students work 140 hours under the supervision of the assigned judge and law secretary in pre-approved placements with the New York State Supreme Court Matrimonial Part in Nassau and Kings Counties. Students assist in research and writing, attend case conferences and observe how dispute resolution is integrated into the case management of family and divorce cases. This course must be taken in conjunction with the Matrimonial Judicial ADR Externship Seminar.
Prerequisite: FAMILY LAW
Corequisite: MATRIMONIAL JUDICL ADR EXT SEM
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MATRIMONIAL JUDICL ADR EXT SEM (ADVOCACY AND LEGAL SKILLS - 1085)
2 credits
The Matrimonial Judicial ADR Externship Seminar provides students an opportunity to explore the issues of fairness, justice and professionalism as it pertains to familial divorce. Students must complete weekly short written assignments based upon relevant readings and their externship observations and experiences and must keep accurate timesheets to promote self-directed learning and critical reflection on global conflict resolution. The seminar uses an interactive classroom format which may include simulations and discussions where students share insights gained through their externship observations and experiences. Grades are based on class participation, weekly written assignments, and a final presentation. This course must be taken in conjunction with the Matrimonial Judicial ADR Externship Placement.
Prerequisite: FAMILY LAW
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MEDIATION SKILLS: DIVORCE (ADVOCACY AND LEGAL SKILLS - 9040)
3 credits
Mediation is becoming a preferred forum to address legal conflicts and settle cases. The highly interactive course offers distinctive and innovative training on the transformative approach to mediation, one of the four leading mediation ideologies. Students will gain an understanding of the theory and basic skills necessary for the practice of transformative mediation. Students will then learn the application of transformative mediation skills in divorce cases, and how transformative mediators navigate the specific practice challenges inherent in the divorce context. Although the course focus is on learning mediation skills, students will also be educated about attorney advocacy skills in mediation. Grades will be based on a written final examination and class participation.
Elayne E. Greenberg
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MEDIATION:REPRESENTING CLIENTS (ADVOCACY AND LEGAL SKILLS - 6060)
2 credits
This intensive, interactive course first introduces students to an overview of mediation theories and practices, and then develops a coherent approach and the essential skills for effective client representation in mediation. The course will examine attorney responsibilities in advising clients about dispute resolution options, in preparing both the case and the client for mediation, in representing clients in the mediation session itself, and in drafting ADR clauses. The course will culminate in the students participating in a mock mediation. Students' final grade will be based on their demonstrated mastery of course material, judged by both required written submissions, quality of mediation representation skills demonstrated in the final mock mediation, and quality of seminar participation. Students are encouraged to take Alternative Dispute Resolution either prior to or concurrently with this course.
Elayne E. Greenberg
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MEDICAL MALPRACTICE (HEALTH LAW - 1040)
2 credits
The first hour of each class is theory; the second development of an actual medical malpractice case. Through the semester the case will proceed from client initial interview to trial verdict. The class will be divided into plaintiffs' attorneys and defense attorneys. Weekly writing will include a retainer agreement, subpoenas, summonses and complaints, affidavits of service, answers, questions for depositions, orders to show cause, interrogatories with cover letters, motions for summary judgment with supporting depositions, and motions to dismiss. Students will view videos of surgical procedures. The final paper will require an analysis of the strengths and weaknesses of the case and a conclusion on the value of the case. The final exam will cover the substantive law covered in the first hour of each class. This course satisfies the Advanced Practice Writing Requirement. Grading will be based on a final exam (40%), final paper (25%), class participation (10%), weekly written requirement (25%).
Prerequisite: TORTS
Edward W. McCarty
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MENTAL HEALTH LAW SEMINAR (HEALTH LAW - 1030)
2 credits
Mental Health Law is one of the fastest growing areas of the law, drawing upon social science teachings, scientific data and new jurisprudential outlooks. This course will cover topics relating to both the civil and constitutional rights of persons within the civil commitment process, sexual predator statutes, competency to stand trial, insanity defense, and the death penalty and mental disability. Grades are based upon a research paper.
Keri K. Gould
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MERGERS AND ACQUISITIONS (BUSINESS AND FINANCE LAW - 3080)
2 credits
This course examines mergers and acquisitions from both a practical and theoretical perspective. It focuses on principal acquisition methods, transaction structures, corporate and securities laws, fiduciary duties, legal and regulatory concerns, and the underlying financial and economic principles that drive these transactions. This course will also cover current M&A practice and recent developments, as well as significant M&A theory, case law, and history. Students will be responsible for reading all required course materials and for class participation. There will be a final examination at the end of the semester. Grades are based on the final examination (90%) and class participation (10%).
Prerequisite: BUSINESS ORGANIZATIONS
Michael A. Perino
Martin E. Schloss
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MICROFIN & SOC ENTREPRE-TRAVEL (BUSINESS AND FINANCE LAW - 4035)
3 credits
Microfinance & Social Entrepreneurship - Travel. This course examines the structural and environmental issues that give rise to the need for microfinance in developing countries and critically evaluates the development and operation of the microfinance industry from both legal and business perspectives. In an experiential learning format, students learn about the microfinance product development process and evolving microfinance models and products that best serve the needs for those living in poverty, as well as the complexities of running a social busniess. Students will take an intensive, 3-week course in New York during the summer session in which they will study the legal and financial frameworks for microfinance, with an emphasis on the development of social enterprises. Students will then travel to Ghana, West Africa, where they will meet with both lending officers and borrowers in the Brong-Ahafo Region in order to learn from and assist in the extension of micro-loans. Grades will be based on class participation, performance during the practicum portion, and written assignments including a final Issues and Impact Report.
Corequisite: MICROFIN & SOC ENTREPRE-GHANA
Paul F. Kirgis
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MULTI-NATIONAL MEGA-CASE BANKR (BANKRUPTCY LAW - 5040)
1 credits
Virtually all of the large corporate bankruptcy cases involve enterprises that have substantial activities in both the U.S. and other nations. This course will explore the issues that are raised by such cross-border insolvency cases and some of the solutions to those issues. The course will cover court-to-court co-ordination of insolvency proceedings and the UNCITRAL Model Law on Cross-Border Insolvency along with EU Insolvency Regulation and Chapter 15 of the Bankruptcy Code. The course will also compare the insolvency laws of several jurisdictions, with a focus on the important features that should be part of any modern insolvency statute. Evaluation will be based on an examination and class participation may be factored into the final grade. Pre-requisite for J.D. students: Creditors' Rights (Reorganization Under Chapter 11 is a recommended pre- or co-requisite).
Prerequisite: CREDITORS' RIGHTS