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NATIONAL SECURITY AND THE LAW (CONSTITUTIONAL LAW - 2040)
3 credits
This is a general survey course examining the role of law in protecting U.S. national security from threats posed by state and non-state actors. Policy responses to these threats include homeland security policy, war fighting, counterterrorism, intelligence operations, and law enforcement activities. The course will examine how law and lawyers are involved in defining or regulating these tasks. The course will be organized around four major topics (a) the domestic and international legal regulation of the use of military force; (b) the oversight of intelligence gathering and covert operations; (c) counterterrorism and homeland security; and (d) the regulation of secret information. Grades will be based on written memoranda, class participation in discussions and an in-class simulation, and a final examination. Students are encouraged, though not required, to complete Criminal Procedure I and/or International Law prior to enrolling in National Security and the Law.
Christopher J. Borgen
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NEGOTIATION (ADVOCACY AND LEGAL SKILLS - 7030)
2 credits
This course examines the skills, constraints, and dynamics of the negotiation process. Students will explore the theoretical framework for understanding negotiation practice in a variety of contexts, including both the settlement of disputes and the creation of value through bargaining. Students will apply the concepts learned by participating in simulated exercises involving realistic negotiation situations. Legal and ethical constraints on lawyers in negotiation will be considered. Grades are based on classroom participation, demonstration of the skills taught, and the submission of written work. A student may take only one of the following: Negotiation, Negotiation (Intensive), or Negotiation (Comprehensive).
Paul F. Kirgis
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NEGOTIATION (COMPREHENSIVE) (ADVOCACY AND LEGAL SKILLS - 9030)
3 credits
The Negotiation (Comprehensive) course examines the skills, constraints, and dynamics of the negotiation process in an expanded format emphasizing experiential learning and skill development. Students will explore the theoretical framework for understanding negotiation practice in a variety of contexts, including both the settlement of disputes and the creation of value through bargaining. Legal and ethical constraints on lawyers in negotiation will be considered. Students will apply the concepts learned by participating in simulated exercises involving realistic negotiation situations, with extensive analysis and feedback. Grades are based on classroom participation, the submission of written work, and performance on the simulations and exercises. A student may take only one of the following: Negotiation, Negotiation (Intensive), or Negotiation (Comprehensive).
Paul F. Kirgis
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NEGOTIATION (INTENSIVE) (ADVOCACY AND LEGAL SKILLS - 8020)
2 credits
The Intensive Negotiation course is a compressed, inter- active course examining the skills, constraints, and dynamics of the negotiation process. Students will explore the theoretical framework for understanding negotiation practice in a variety of contexts, including both the settlement of disputes and the creation of value through bargaining. Legal and ethical constraints on lawyers in negotiation will be considered. Students will apply the concepts learned by participating in simulated exercises involving realistic negotiation situations. Grades are based on a final examination, along with classroom participation, the submission of written work, and performance on the simulations and exercises. A student may take only one of the following: Negotiation, Negotiation (Intensive), or Negotiation (Comprehensive).
Peter J. Bernbaum
Elayne E. Greenberg
Paul F. Kirgis
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NEGOTIATION IN BANKRUPTCY (BANKRUPTCY LAW - 2070)
1 credits
The Bankruptcy Code is designed to encourage debtors and creditors to reach accommodations. In Chapter 11, a negotiated, consensual plan of reorganization is considered desirable. This course will focus on negotiation problems and techniques, involving simulated negotiation problems, to increase students' awareness of negotiation issues and to enhance their ability to negotiate the successful resolution of bankruptcy issues and cases. For J.D. students, the course requires prior approval by the Director of the LL.M. in Bankruptcy Program.
Robert D Drain
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NEW DEVELOPMENTS IN BUS BANKR (BANKRUPTCY LAW - 4050)
1 credits
This course explores recent important developments in the area of business bankruptcy that may not be addressed fully in other courses. The instructor will moderate seven two- hour sessions that will bring to St. John's the foremost experts on the subjects covered. The topics covered by the guest lecturers will vary from year to year. Students will be assigned readings for each class, which will generally include a paper prepared by the lecturer and assigned cases. Evaluation will be based on an examination, but active class participation is required and participation and class exercises may be factored into the final grade. Prerequisite for J.D. students: Creditors' Rights.
Prerequisite: CREDITORS' RIGHTS
Douglas Deutsch
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NEW YORK CRIMINAL PRACTICE (CRIMINAL LAW - 2010)
3 credits
An in-depth study of New York criminal procedure, including police investigation, accusatory instruments, preliminary proceedings in the local criminal court, arraignment, Grand Jury, discovery (including Rosario material), prosecutorial readiness and speedy trial, plea, pretrial motions, trial procedure, sentencing, and direct and collateral attacks on judgments of conviction. Additional topics may include the insanity defense, competency, Youthful Offender treatment, and prosecution of juveniles as adults. Grades will be based on a series of practical writing assignments, such as an accusatory instrument, motion, and a post-conviction appellate brief or motion to vacate. Prior or concurrent enrollment in Criminal Procedure I or II is recommended.
Prerequisite: CRIMINAL LAW AND LEGAL WRITING II
Donna Aldea
Lawrence H. Cunningham
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NEW YORK LEGAL RESEARCH (ADVOCACY AND LEGAL SKILLS - 1065)
1 credits
The goal of this course is for students to learn research strategies to solve practical questions that an attorney researching New York State legal issues would encounter using cost-effective methods. Topics include New York State legislation and legislative history; New York State agencies and administrative/regulatory law; county, city, village and town codes, rules and regulations; and New York State secondary sources. This course is intended to be taught in a condensed format: two hours per week for seven weeks of the semester. Grades will be based on five assigned exercises.
Martin Cerjan
William H. Manz
Barbara G. Traub
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NEW YORK PRACTICE (STATE AND FEDERAL PRACTICE - 2000)
4 credits
This course is a study of civil litigation in New York from initiation of the action to filing of the case for trial. The course will familiarize students with the nature, purpose, and content of the Civil Practice Law and Rules and, through statutory and case law analysis, develop the requisite foundation for effective civil practice. The treatment is essentially in chronological order, beginning with selection of the appropriate court and covering commencement of the action, personal jurisdiction, statutes of limitation, joinder of parties, pleadings, motion practice and pre-trial discovery. Appellate considerations and issues of res judicata pervade the material. The unique characteristics of Article 78 of the Civil Practice Law and Rules, a form of judicial review of administrative action, are also covered. Any student who contemplates practicing in New York is strongly urged to take the course. Students who plan to practice in other states can also profit from their knowledge of New York Practice inasmuch as the procedural issues covered in the course are universal. Grades are based upon a final examination.
Vincent C. Alexander
Elizabeth M. Hecht
Paul F. Kirgis
Joseph L. Marino
Andrew J. Simons
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NONPROFIT ORGANIZATIONS (BUSINESS AND FINANCE LAW - 3040)
3 credits
This course in nonprofit organizations explores state and federal, tax and non-tax aspects of various organizational forms that comprise our nation's nonprofit sector. The course begins with an overview of the rationales for and historical role of nonprofit organizations, including charitable, scientific, educational and religious organizations. Discussion includes the choices of legal form of nonprofits and their special purposes, powers and governance responsibilities. The course addresses recourse against and standing to sue nonprofit organizations' directors in light of statutory and case law. The course explores the special state and federal tax benefits and burdens affecting public benefit and mutual benefit organizations, including the federal income tax exemption, charitable contribution status, the federal unrelated business income tax provisions, and the state property tax exemption. Distinctions between public charities and private foundations, their responsibilities and their taxations will be addressed. Discussion will include federal regulation of political activities, lobbying activities and fundraising activities. Relevant issues impacted by constitutional law considerations are addressed. As current events warrant, special emphasis may be placed on a particular nonprofit sector or type of prohibited activity. Grades are based upon a research paper.
Nina J. Crimm
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NUREMBERG&LEGACIES IN LAW HIST (THEORY,HIST.& STRUCTURE OF LAW - 2010)
2 credits
This 2-credit course covers developments in international law relating to war, war crimes, genocide and crimes against humanity across the 20th century and to the present. The centerpiece of the course if the 1945-46 International Military Tribunal (IMT) proceedings and its judgments at Nuremberg against the principal Nazi war criminals. The course will consider antecedents to Nuremberg, including the Versailles Treaty, Leipzig trials, League of Nations and Kellogg-Briand treaty; the August 1945 London Agreement creating the IMT; Nuremberg itself, including the IMT trial and judgment and the subsequent American trials of German defendants; other national prosecutions arising from World War II; subsequent related developments, such as the Genocide Convention; and contemporary legal responses to war crimes and other human rights violations, including the International Criminal Tribunals for the Former Yugoslavia and for Rawanda and the International Criminal Court. Grades will be based on class participation and a final examination.
John Q. Barrett
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NY LAW: SELECTED TOPICS (STATE AND FEDERAL PRACTICE - 3060)
2 credits
"New York Law: Selected Topics in a Comparative National Context" - Open to seniors only. The course surveys New York substantive law in a comparative context for the purpose of assisting students in bar review preparation. Students analyze legal problems in three subjects, comparing and contrasting solutions derived under current New York law with predominant national views. The subject areas covered are (1) Criminal Law (2) Criminal Procedure (3) Torts (4) Contracts/Sales. Students will take a proctored, in-class final examination as well as several in-class examinations, all of which will count toward the final grade. Students also will prepare several written assignments that will be critiqued and graded. The course materials consist of relevant texts and problems. The course is recommended especially for students with weak exam-taking skills. It is not a substitute for a bar review course.
Joseph L. Marino