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RACE AND CORPORATE LAW SEMINAR (INDIVIDUAL RIGHTS - 2000)
2 credits
This seminar will focus on the intersection of issues relating to race, business, corporate law and corporate governance. Students will examine examples of race discrimination by corporations and explore corporate law and governance remedies that may ameliorate the effects of discrimination. The discussions and readings will be interdisciplinary. Students will consider law and economics, behavioral economics, critical race theory and other disciplines to explore discriminatory corporate cultures and racial under-representation within large publicly held companies. Part of the focus in this seminar will be on critical race theories such as the unconscious nature of racism, the phenomenon of legal storytelling, and the idea of race as social construct. Students will examine and apply race theory to corporate governance problems. Each student must complete a scholarly research paper of at least 20 pages, and present and defend that paper during one of the last three classes. The grade for the seminar will be based on class discussions, the paper, and the presentation and defense of the paper in class.
Prerequisite: BUSINESS ORGANIZATIONS
Cheryl L. Wade
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RACE AND LAW SEMINAR (INDIVIDUAL RIGHTS - 1080)
3 credits
This course explores how race and law have interacted in American society. Materials for investigation will include Supreme Court opinions, historical accounts, jurisprudence and some interdisciplinary readings. The course will specifically explore the following topics: (1) What is race?; (2) Slavery; (3) Colorism; (4) Colonization of Puerto Rico; (5) Manifest Destiny and Mexican Americans; (6) Asian American Immigration Exclusion; (7) Native American "Trail of Tears"; and (8) Affirmative Action. Grades are based upon (1) final exam; (2) autobiography; (3) journal entries; and (4) class presentation.
Leonard M. Baynes
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REAL EST WRKOUTS & BANKRUP SEM (BANKRUPTCY LAW - 1010)
2 credits
This course will examine the consequences of real estate defaults, emphasizing the major current problems faced by real estate mortgagees, landlords, tenants and partners in default situations and mitigating drafting techniques that may be employed in the documentation stage. Among the areas covered will be: negotiating and drafting a workout agreement; lender liability; cramdown of bankruptcy plans including classification and "new value" issues; and effect of bankruptcy of a real estate partner. Grades are based upon a research paper and a final examination. Prerequisite for J.D. students: Creditors' Rights or Real Estate Transactions-Advanced.
Prerequisite: CREDITORS' RIGHTS OR REAL ESTATE TRANSACTIONS-ADV
Robert M. Zinman
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REAL ESTATE TRANSACTIONS (PROPERTY - 1090)
2 credits
Open only to students who have not taken Property I and II and/or Real Estate Transactions-Advanced. This course examines the fundamental legal and business building blocks of real estate transactions. Topics include the role of the lawyer, broker participation and responsibilities, the contract of sale and remedies for breach, deeds and closing, the title system, mortgages and foreclosure. This course provides a foundation for other advanced real estate courses. Grades are based upon a final examination.
Prerequisite: PROPERTY
Vincent M. DiLorenzo
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REAL ESTATE TRANSACTIONS-ADV (PROPERTY - 1040)
2 credits
This course is designed to acquaint the student with current real estate concepts and trends, and treats such areas as institutional lending practices, governmental financing programs, the sale and leaseback, real estate investment trusts, syndications, air rights projects, and cooperatives and condominiums. The income tax ramifications of various legal arrangements are studied in conjunction with an analysis of the legal framework of the transaction. Grades are based upon a final examination.
Prerequisite: REAL ESTATE TRANSACTIONS
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REFUGEE IMMIG RT LIT CLIN PT1 (ADVOCACY AND LEGAL SKILLS - 5000)
4 credits
The Refugee and Immigrant Rights Clinic is a two semester clinical program available to second and third year students. St. John's University School of Law is partnering with Catholic Charities, Department of Immigration and Refugee Services, to give students the opportunity to provide direct representation in, among other things, asylum cases, cases under the Violence Against Women Act, and The Victims of Trafficking and Violence Protection Act of 2000. Students provide representation from initial client contact through final resolution of the case. Students will interview clients, conduct full-scale fact investigations, perform legal research, develop a case theory that integrates the facts of the case and the relevant law, and provide representation at administrative hearings and court proceedings. Students will develop essential lawyering skills, substantive legal knowledge and professional essential lawyering skills, substantive legal knowledge and professional responsibility while representing clients. Casework will be supervised by adjunct professors, who are experienced immigration rights attorneys from Catholic Charities. Clinic students will enroll in the Refugee and Immigrant Rights Clinic (two credits) and in a seminar component (two credits). The seminar meets for two (2) hours at either the law school or Catholic Charities. The seminar will provide the opportunity for students to learn and develop essential lawyering skills required in client representation, learn substantive areas of immigration law, and participate in roundtable discussions. Lawyering skills classes will include discussion of interviewing, cross- cultural lawyering, case theory and strategy, fact investigation, use of an preparation of experts, and direct and cross-examination. At roundtable discussions, students will present a client's case, identifying a particular complex legal, factual or strategy issue for discussion by the group. This two-semester course will maximize each student's opportunity to see a case from start to finish. Students will spend thirteen (13) hours a week working on cases at the Catholic Charities Office, or in the field investigating a case or appearing at an administrative or court proceeding. Students will be chosen based upon an interview with the professors.
Prerequisite: LEGAL WRITING II
Charles M. Russell
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REFUGEE IMMIG RTS LIT CLIN-PT2 (ADVOCACY AND LEGAL SKILLS - 5020)
4 credits
The Refugee and Immigrant Rights Clinic is a two semester clinical program available to second and third year students. St. John's University School of Law is partnering with Catholic Charities, Department of Immigration and Refugee Services, to give students the opportunity to provide direct representation to immigrants, refugees and asylees. Students will provide representation in, among other things, asylum cases, cases under the Violence Against Women Act, and The Victims of Trafficking and Violence Protection Act of 2000. Students provide representation from initial client contact through final resolution of the case. Students will interview clients, conduct full-scale fact investigations, perform legal research, develop a case theory that integrates the facts of the case and the relevant law, and provide representation at administrative hearings and court proceedings. Students will develop essential lawyering skills, substantive legal knowledge and professional responsibility while representing clients. Casework will be supervised by adjunct professors, who are experienced immigration rights attorneys from Catholic Charities. Clinic students will enroll in the Immigration Rights Clinic (two credits) and in a seminar component (two credits). The seminar meets for two (2) hours at either the law school or Catholic Charities. The seminar will provide the opportunity for students to learn and develop essential lawyering skills required in client representation, learn substantive areas of immigration law, and participate in roundtable discussions. Lawyering skills classes will include discussions of interviewing, cross-cultural lawyering, case theory and strategy, fact investigation, use of and preparation of experts, and direct and cross- examination. At roundtable discussions, students will present a client's case, identifying a particular complex legal, factual or strategy issue for discussion by the group. This two-semester course will maximize each student's opportunity to see a case from start to finish. Students will spend thirteen (13) hours a week working on cases at the Catholic Charities Office, or in the field investigating a case or appearing at an administrative or court proceeding. Students will receive four (4) credits per semester, 2 pass-fail credits for the clinic component and 2 letter-graded credits for the seminar component. Students will by chosen based on an interview with the professors.
Prerequisite: REFUGEE IMMIG RT LIT CLIN PT1 AND LEGAL WRITING II
Charles M. Russell
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REG.OF INVEST.COMP.&INVEST.ADV (BUSINESS AND FINANCE LAW - 3020)
2 credits
This course will address the federal regulation of investment companies including the Investment Company Act of 1940 and the Investment Advisers Act of 1940. Particular attention is devoted to the definition of a mutual fund, organizing a mutual fund, restrictions on affiliated transactions, investment objectives, distribution practices, including fund "supermarkets" and prospectus disclosure requirements. The course also covers issues relating to the independence of directors, governance rights of shareholders, advisory fees and expenses, codes of ethics, and trading practices. Class discussion will examine the roles of in-house counsel to the fund manager, and independent counsel to the fund and its disinterested directors. Grades are based upon a final examination.
Prerequisite: BUSINESS ORGANIZATIONS
Francis J. Facciolo
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REMEDIES (STATE AND FEDERAL PRACTICE - 2020)
3 credits
In addition to the study of the various judicial remedies in a merged system of law and equity, this course presents the nature of equity jurisdiction and its principles, remedies and doctrines as currently applied. In an approach that is historical and analytical, the course includes powers of courts of equity, specific relief in contracts and against torts, the special function of the injunction in all areas of law, trial by jury, and special remedies such as interpleader, bills of peace, removal of cloud on title, and declaratory judgments. Primary source materials include cases, statutes, constitutional provisions and rules of court. Grades are based upon a final examination.
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REMEDIES FOR UNJUST ENRICHMENT (STATE AND FEDERAL PRACTICE - 3000)
2 credits
This course, otherwise known as Restitution, covers both substantive and remedial matters. Substantively, the course rounds out the field of primary legal obligations left untreated by contracts and torts, i.e., obligations imposed by law to prevent unjust enrichment as opposed to the capture of anticipated gains (contracts) or reparation for injury (torts). On the remedial side, there is discussion of the legal and equitable remedies for unjust enrichment such as quasi-contract, constructive trust, subrogation, accounting of profits, equitable lien, and tracing of assets through exchanges. The course covers in particular detail the effect of fraud and mistake on the formation, integration, and performance of written transactions, both contractual and donative; inter vivos and testamentary. The existence and scope of remedies for benefits conferred in reliance on non-existent, unenforceable, illegal and breached contracts are also treated as are the defenses to restitutionary relief such as bona fide purchase, change of position, unclean hands, lapse of time, election of remedies and restoration to defendant of gains received. Grades are based upon a final examination.
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REORGANIZATION UNDER CHAPT. 11 (BANKRUPTCY LAW - 1080)
2 credits
The course will examine the reorganization of financially distressed enterprises under Chapter 11 of the Bankruptcy Code and the theoretical and economic underpinnings of reorganization. The course will consider all aspects of Chapter 11 from filing to confirmation of a plan of reorganization, conversion or dismissal. The following topics will be covered: good faith; venue; retention and compensation of professionals; the extent of the court's equitable powers; use, sale and lease of the debtor's property; successor liability; post-petition financing. Prerequisite for J.D. students: Creditors' Rights.
Prerequisite: CREDITORS' RIGHTS
Stuart M. Bernstein
Matthew A. Bruckner
Christopher F. Graham
Adam L. Rosen
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REPRESENTING TRUSTEES IN BANKR (BANKRUPTCY LAW - 4040)
1 credits
This course examines current issues that arise in the representation of trustees in the bankruptcy process. Among other issues, the course will examine the powers and duties of a trustee, the role a trustee plays in different contexts, and the relationship between a trustee and the Office of the United States Trustee. The differing powers, duties, and roles of a trustee in Chapter 7, 11, 12 & 13 cases will be explored. Evaluation will be based on an examination, but class participation is required and may be factored into the final grade. Prerequisite for J.D. students: Creditors' Rights.
Prerequisite: CREDITORS' RIGHTS
Diana G. Adams
John Ford Elsaesser
Henry E Hildebrand
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RESOLVING INT'L CIVIL DISPUTES (ADVOCACY AND LEGAL SKILLS - 7090)
2 credits
In an increasingly globalizing world, practicing attorneys must be skilled in how to resolve international civil disputes. How is the practice of international civil dispute resolution different from domestic practice? First, the students will be introduced to an overview of the competing systems available to resolve international civil disputes. Then students will have an opportunity to work on selected issues in international litigation and dispute resolution, such as evaluation of the benefits and risks of different approaches to dispute resolution, strategic planning (before and after disputes erupt), advocacy considerations, and cultural competence. Students will learn from a combination of lectures, simulations, field visits and drafting exercises. Lawyers engaged in international practice will be invited to selected class sessions. Rome will be used as a window to examine the dynamic challenges of international dispute resolution. The course grade will be based on the quality of classroom participation and a final examination.
Elayne E. Greenberg
Ettie Ward