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SALES (BUSINESS AND FINANCE LAW - 3050)
2 credits
This course surveys the law of sales under Article 2 of the Uniform Commercial Code ("UCC") and gives more limited attention to the United Nations Convention on Contracts for the international Sale of Goods, UCC Article 2A (leases of personal property) and other pertinent law. Grades are based on a final examination.
John P. Hennigan
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SECURED TRANS. & BANKRUPTCY (BANKRUPTCY LAW - 3010)
2 credits
This course will examine the effect of bankruptcy on the rights of creditors holding UCC Article 9 security interests in assets of a debtor. Topics will include the impact of the automatic stay on foreclosure rights; limitations on the post-petition effectiveness of security agreements; the estate's ability to use and sell collateral; the estate's ability to avoid security interests; and the treatment and modification of secured claims in bankruptcy. Prerequisite for J.D. students: Creditors' Rights.
Prerequisite: CREDITORS' RIGHTS
G. Ray Warner
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SECURED TRANSACTIONS (BUSINESS AND FINANCE LAW - 2050)
3 credits
In a secured transaction, a borrower gives the lender rights in the borrower's personal property in the event that the loan is not repaid. This course provides broad coverage of the primary pertinent statute, Article 9 of the Uniform Commercial Code, but also gives attention to key related provisions of the Bankruptcy Code. Grades are based upon a final examination.
John P. Hennigan
Keith B. Sharfman
G. Ray Warner
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SECURIT., STRUC FIN & CAP MARK (BANKRUPTCY LAW - 4010)
2 credits
This course will examine the legal structure of securitization, a trillion-dollar industry. Securitization is the process by which a company sells its receivables (debts owed to it) to a special purpose entity (SPE) created specifically for that purpose. This form of financing can realize lower interest rates to the company selling the receivables than if the company borrowed against its receivables and kept title. The course will touch on various legal issues raised by this industry, including secured transactions, bankruptcy, corporate finance, securities regulation, corporate governance, and the role that legal opinions play throughout the deal process. The course will be graded based upon an inclass exam (80%) and class participation (20%). Prerequisite for J.D. students: Creditors' Rights or Business Organizations or Secured Transactions.
Prerequisite: CREDITORS' RIGHTS OR BUSINESS ORGANIZATIONS OR SECURED TRANSACTIONS
Erik Klingenberg
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SECURITIES ARBITRATION CLINIC (ADVOCACY AND LEGAL SKILLS - 5050)
4 credits
The Securities Arbitration Clinic is a one-semester in- house, live-client, clinical program available to second and third year students. The Clinic will assist under-served New York small investors with securities disputes in arbitration before the two primary self-regulatory organizations ("SRO") in the securities industry, the Financial Industry Regulatory Authority (FINRA). The students will provide representation in, among other things, churning and failure to supervise cases under the Rules and Procedures of unauthorized trading, unsuitability, misrepresentation, and FINRA and relevant state and federal securities laws. Students provide representation from initial client contact through confirming or vacating arbitration awards in court. Students may perform client and witness interviews, conduct full-scale investigations, perform trading and suitability analyses, perform legal research, draft all pleadings including statements of claim, answers, replies, and motions; particpate in discovery; attend pre-hearing conferences, represent clients at arbitration hearings and at court hearings; represent clients at mediations and settlement negotiations and draft settlements. Students will develop essential lawyering skills, substantive legal knowledge and professional responsibility while representing clients. A Clinical Professor supervises students in all aspects of client representation. Clinic students are required to attend a weekly 2-hour seminar component. Additionally, students are required to work in the Clinic 13 hours a week. The Clinic is located at the St. John's Queens campus. Students will be selected based upon an interview with the professor and submission of a resume, cover letter, writing sample and transcript.
Prerequisite: LEGAL WRITING II
Francis J. Facciolo
Christine Lazaro
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SECURITIES REGULATION (BUSINESS AND FINANCE LAW - 2070)
3 credits
This course will focus on the Securities Act of 1933 and the Securities Exchange Act of 1934. With respect to the former, the course will particularly emphasize the public distribution process, registration, proxy regulation, regulation of tender offers and corporate repurchases, short-swing trading by corporate insiders and the anti-fraud provisions (including Rule 10B-5 and civil liability). The course will also examine the professional responsibilities of securities lawyers and other professionals and will touch upon regulation of securities exchanges and the over-the-counter market and regulation of brokers and dealers. Grades are based upon a final examination.
Prerequisite: BUSINESS ORGANIZATIONS
Michael A. Perino
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SECURITIES REGULATION-ADVANCED (BUSINESS AND FINANCE LAW - 2080)
2 credits
This course will focus on current problems and trends in the area of securities law such as proxy contests, tender offers, the goals of disclosure, underwriters responsibility, the expanding securities activities of financial organizations, professional responsibility of attorneys, regulation of commodities and options and the structure of the securities markets. Not all subjects will be covered in each semester; specific subjects to be dealt with will depend upon the judgment of the professor as to matters of significance at the time. The course will be conducted in a seminar format, and students will be expected to conduct independent research and lead class discussions. In addition, the course may include drafting of securities-law related materials. Grades are based upon a research paper.
Prerequisite: SECURITIES REGULATION
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SELECTED TOPICS IN BANKRUPTCY- (BANKRUPTCY LAW - 4060)
1 credits
This course will be offered in the LL.M. Bankruptcy program periodically to explore a topic of major significance to the insolvency community that is not covered sufficiently in some other course. It will be a thorough, in depth, review of the issue and the problems arising therefrom. It will be taught by an expert or experts in the area involved. Students may enroll for multiple "Selected Topics" course offerings, but may not take the same offering for credit more than once. Evaluation will be based on an examination or paper in the discretion of the instructor (check with the LL.M. office). Class participation is required and may be factored into the final grade. Prerequisite for J.D. students: Creditors' Rights.
Prerequisite: CREDITORS' RIGHTS
John Ford Elsaesser
Henry E Hildebrand
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SENTENCING&POST-CONVICTION REL (CRIMINAL LAW - 1070)
3 credits
This course covers what happens in a criminal case after a conviction. Starting from a general examination of the philosophical justifications for punishment, the course will then explore in detail the indeterminate sentencing scheme used in New York and the guidelines sentencing scheme used in the federal courts. Other sentencing topics include alternatives to incarceration, the re-emergence of the death penalty, and the influence of race on sentencing. The course will also examine post-conviction relief, with particular focus on the writ of habeas corpus. Grades are based upon a final examination, several short writing assignments, and class participation. N.B.: Students taking this course are not permitted to take the two-credit Sentencing Seminar.
Craig M. Cooley
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SMALL BUSINESS BANKRUPTCY (BANKRUPTCY LAW - 4030)
1 credits
This course will address and discuss the problems encountered by, and the possible solutions for small business entities (corporations, partnerships, and LLC's) in financial distress. In addition to facing all the same inherent problems that large businesses have in reorganizing and restructuring, small businesses face added burdens with regard to the inherent costs of successful reorganization and access to quality financial and legal advice. Likewise, small business creditors often look at huge write-offs that might be mitigated by a successful reorganization process. The goal is for the students to obtain a thorough understanding of the many issues involved in small business and agricultural bankruptcies. Evaluation will be based on an examination, but class participation maybe factored into the final grade. Prerequisite for J.D. students: Creditors' Rights.
Prerequisite: CREDITORS' RIGHTS
John Ford Elsaesser
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SOCIAL SECURITY LAW (LABOR AND EMPLOYMENT LAW - 1070)
3 credits
This course provides an introduction to Social Security Law. It focuses especially on how Social Security's benefit rules relate to employment, family relationships, and household composition; how its procedures address the challenge of adjudicating the massive number of benefit claims that arise each year; and where lawyers fit in that process. It covers issues of entitlement and benefit calculation arising out of Social Security programs. The phrase "Social Security" is used throughout the course to refer more narrowly to the programs found in Title II of the Social Security Act: retirement benefits, survivor's benefits, and disability benefits. The course also gives summary treatment to questions of entitlement and benefit amount under Title XVI, the Supplement Security Income program (SSI), which provides benefits for individuals in the same population segments who have insufficient income. The course covers the administrative process for contesting an agency decision as well as the process for judicial review. This is an asynchronous, web-based course taught on-line by Professor Peter Martin of Cornell Law School to students of St. John's and other participating law schools. Lectures and readings are accessed through the course website, and class discussion takes place by postings on a course discussion board. Every three weeks, the participating faculty member at St. John's will hold an in-person group meeting with the St. John's students to discuss their experience with the course. Grades are based on a final examination written and graded by Professor Martin and can be influenced by performance on periodic Mastery Exercises. An on-line course demands a fairly high familiarity and comfort level with the Web environment as well as regular access to a computer. For more details on the course see the course Web site: http://www.law.cornell.edu/socsec/course/. Students must meet with Professor Calabrese to obtain prior approval to enroll in the course.
Gina M. Calabrese
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SPECIAL EDUCATION EXT PLACEMNT (ADVOCACY AND LEGAL SKILLS - 6090)
2 credits
The Child Advocacy's Special Education Externship requires a one semester commitment from the accepted student. Students will represent children and their guardians in New York City Department of Education administrative special education hearings involving the Individuals with Disabilities Education Act (IDEA). Students will conduct client interviews, engage in factual and legal research, consult with experts, negotiate settlements, make court appearances, review documents (e.g. IEPs, school, and mental health records) and where appropriate, conduct administrative hearings. The majority of externship work will be performed at non-profit organizations which specialize in special education issues. Externship students must participate in the Special Education Externship Seminar. This seminar covers trial advocacy skills, lawyering skills and substantive areas of law. The seminar meets once a week for two hours. Seminar classes are held at the law school. Students are also required to participate in weekly "case rounds" sessions at the law school with Professor Gould. This Externship is open to second and third year students who will receive a total of four (4) credits for the semester with 2 letter graded credits and 2 pass/fail credits. All externship students are required to complete Evidence either prior to or during the semester in which they take the Special Education Externship, and are strongly encouraged to participate in the Child Advocacy Clinic prior to or after taking the Special Education Externship. Applicants are also urged to take the Intensive Trial Advocacy course, Pre-Trial Advocacy, and Family Law.
Prerequisite or Corequisite: EVIDENCE
Corequisite: SPECIAL EDUCATION EXT SEMINAR
Keri K. Gould
Susan C. Lushing
Mary Noe
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SPECIAL EDUCATION EXT SEMINAR (ADVOCACY AND LEGAL SKILLS - 6080)
2 credits
The Child Advocacy's Special Education Externship requires a one semester commitment from the accepted student. Students will represent children and their guardians in New York City Department of Education administrative special education hearings involving the Individuals with Disabilities Education Act (IDEA). Students will conduct client interviews, engage in factual and legal research, consult with experts, negotiate settlements, make court appearances, review documents (e.g. IEPs, school, and mental health records) and where appropriate, conduct administrative hearings. The majority of externship work will be performed at non-profit organizations which specialize in special education issues. Externship students must participate in the Special Education Externship Seminar. This seminar covers trial advocacy skills, lawyering skills and for two hours. Seminar classes are held at the law school. substantive areas of law. The seminar meets once a week Students are also required to participate in weekly "case rounds" sessions at the law school with Professor Gould. This Externship is open to second and third year students who will receive a total of four (4) credits for the credits. All externship students are required to complete semester with 2 letter graded credits and 2 pass/fail Evidence either prior to or during the semester in which they take the Special Education Externship, and are strongly encouraged to participate in the Child Advocacy Clinic prior to or after taking the Special Education Externship. Applicants are also urged to take the Intensive Trial Advocacy course, Pre-Trial Advocacy, and Family Law.
Prerequisite or Corequisite: EVIDENCE
Corequisite: SPECIAL EDUCATION EXT PLACEMNT
Susan C. Lushing
Mary Noe
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SPECIAL EDUCATION LAW (EDUCATION LAW - 1010)
2 credits
Students with disabilities between the ages of three and eighteen are entitled to a free and appropriate public education. This course will cover the federal statute providing an enforceable remedy to parents of primary and secondary students with disabilities. Students will learn the requisites of a legally enforceable Individual Education Program. There will be special emphasis on an understanding of due process hearings, appeals to the State Review Office and the right to obtain further review in the federal courts. Students taking this course will be expected to acquire: an understanding of the constitutional principles impacting special education; understanding the role and influence of various players in the special education arena, including administrative agencies (federal, state, and local), schools and parents; a working knowledge of major federal statutes (IDEA, Section 504 of the Individual with Disabilities Act of 1973 and No Child Left Behind) and leading court precedent; an ability to use various procedural approaches to special education problems; an ability to apply statutes, regulations, case law, and policy analysis to a series of fact patterns; and an understanding the hearing and appeals process. Grades are based on a final exam.
Prerequisite: CONSTITUTIONAL LAW
Hilary S. Grasso
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SPORTS LAW (INTELLECTUAL PROPERTY - 1050)
2 credits
This course explores contemporary legal issues in intercollegiate, professional and Olympic sports. It examines antitrust, contract, constitutional, gender discrimination, international and labor law issues. A portion of the course will be devoted to the regulation of agents and the representation of professional athletes, including a mock contact negotiation exercise. Grades are based upon a research paper.
Jeffery B. Fannell
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STATE CONSTITUTIONAL LAW SEM (CONSTITUTIONAL LAW - 1030)
2 credits
The purpose of this seminar is to complement the basic course in Constitutional Law by providing students with the opportunity to examine systematically the role and function that state constitutions play in the context of American federalism. The primary objective is to provide students with a basic understanding of the range of legal and political issues that arise under state constitutions. While the material is national in scope and draws from a variety of state court decisions, the specific provisions and court interpretations of the New York State constitution are analyzed in greatest depth. Topics covered include the history, function, and interpretation of state constitutions; the protection of individual liberties; separation of powers; taxing, borrowing, and spending; local governmental powers; and the revision and amendment of state constitutions. Grades are based upon a research paper.
Prerequisite: CONSTITUTIONAL LAW
Daniel Serrano
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STATES & SOVEREIGNTY:INTL&COMP (INTERNAT'L AND COMPARATIVE LAW - 3030)
2 credits
Modern international law and the modern state were both born from the Peace of Westphalia in 1648. Since then, the state has been the central actor on the global stage and the concerns of the state have animated the evolution of international law. But states themselves are evolving and facing new pressures from "below," such as ethnic strife and secessionist claims, and from "above," such as the EU and NAFTA. This class will consider the evolution and function of the modern state and how this evolution has affected the form and function of international law. Grades will be based on a final exam when the course is offered overseas and on a research paper when offered in the U.S. When taught in the U.S., it is suggested that students first take International Law.
Christopher J. Borgen
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STREET LAW SEMINAR (ADVOCACY AND LEGAL SKILLS - 6040)
2 credits
In addition to their teaching, law students will attend a two-hour weekly seminar at the law school. The seminar will educate law students on the substantive and policy issues to be taught. It will also introduce the law students to innovative and effective teaching methodologies appropriate for their audience. Law students will submit lesson plans and other written materials for the professor's review. The seminar will also include simulations, such as mock client interviews and negotiations, and student presentations. Law students will receive 2 letter-grade credits for the seminar. Grades for the course will be based on weekly written assignments, teaching performance, and participation in the seminar. The course must be taken in conjunction with StreetLaw: Legal Education in the Community. Interested students will be chosen for the course based upon an interview with the professor.
Corequisite: STREETLAW:LEGAL ED IN COMMUNTY
Patricia M. Montana
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STREETLAW:LEGAL ED IN COMMUNTY (ADVOCACY AND LEGAL SKILLS - 6050)
1 credits
The Street Law Program offers students the exciting opportunity to teach a practical law course to members of the Greater Queens community. While serving the Queens community, law students will develop practical legal knowledge, professional responsibility, and important lawyering skills, such as the ability to organize complex legal ideas and communicate them effectively to an audience of non-lawyers. Law students will teach weekly on subjects such as constitutional law, civil rights, torts, consumer and housing law, and family law. The professor will observe the students' teaching and meet with them during the semester to discuss their performance. Law students will receive 1 pass/fail credit for their time teaching in the classroom. This course must be taken in conjunction with the Street law Seminar. Interested students will be chosen for the course based upon an interview with the professor. .
Corequisite: STREET LAW SEMINAR
Patricia M. Montana
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SUMMER EXTERNSHIP PLACEMENT (ADVOCACY AND LEGAL SKILLS - 3070)
2 credits
Students work 168 hours in pre-approved externship placements under the guidance of carefully selected mentor-attorneys. It is expected that students will gain a sense of what it is like to be a lawyer practicing in that particular law setting, so that students will assist their mentor-attorneys in their day-to-day legal activities as well as receiving research, writing or other legal assignments. Some placements may include an opportunity for students to appear in court, interview clients, or interact with opposing counsel, while others may be more observational in nature. Placements may be with administrative, city, state, and federal judiciary members; prosecutor and defender offices; and civil placements which meet the interests of the student body including, among others, organizations which are on the leading edge of housing law, domestic violence law, immigration law, environmental law, labor law, mental hygiene law, consumer law, and general civil litigation. This course is graded on a pass-fail basis. This course must be taken in conjunction with the Summer Clinical Externship Seminar.
Keri K. Gould
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SUMMER EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 2045)
1 credits
This 1-credit seminar is required when a student is taking an Externship Placement for the first time during the summer. It will meet for seven weeks, two hours per class. The student will be required to keep time sheets and a written reflection on their work at the placement. The first thirty minutes or so of each class will be devoted to the students' reflections. That discussion will include issues of ethics, confidentiality, workplace environment (including collaboration) and professionalism. The balance of the course will focus on lawyering skills, including fact investigation and evaluation; interviewing and counseling; writing letters and emails; and oral skills, such as presenting work to the mentor-attorney or judge, discussing the pros and cons of a case, orally synthesizing the law and the facts to tell an effective story, speaking assertively, and communicating effectively to clients. A student who goes on to take a fall or spring externship after this Summer Externship Seminar must enroll in the ExternshipSeminar (2-credits), and a student who takes a third subsequent externship in the fall or spring must enroll in the ExternshipSeminar - Advanced. A student who takes no fall or spring externships but takes a second summer externship must enroll in the Externship Seminar - Advanced. This seminar will also be available in a distance-learning format for students externing at at distance.
Corequisite: EXTERNSHIP PLACEMENT
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SUMMER EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 3060)
1 credits
This 1-credit seminar is required when a student is taking an Externship Placement for the first time during the summer. It will meet for seven weeks, two hours per class. The student will be required to keep time sheets and a written reflection on their work at the placement. The first thirty minutes or so of each class will be devoted to the students' reflections. That discussion will include issues of ethics, confidentiality, workplace environment (including collaboration) and professionalism. The balance of the course will focus on lawyering skills, including fact investigation and evaluation; interviewing and counseling; writing letters, emails, and a Multistate Practice Test; and oral skills, such as presenting work to the mentor-attorney or judge, discussing the pros and cons of a case, orally synthesizing the law and the facts to tell an effective story, speaking assertively, and communicating effectively to clients. A student who goes on to take a fall or spring externship after this Summer Externship Seminar must enroll in the Externship Seminar (2 credits), and a student who takes a third subsequent externship in the fall or spring must enroll in the Externship Seminar-Advanced. A student who takes no fall or spring externships but takes a second summer externship must enroll in Externship Seminar-Advanced. This seminar will also be available in a distance-learning format for students externing at a distance. Grading method: Practice writing assignments (30%); interviewing, counseling and fact-investigation exercises (45%); MPT (20%); class participation (5%); time sheets with reflections (mandatory).
Michael A. Genkin
Jennifer Gilroy Ruiz
Jeffrey A Goodstein
Kimathi Gordon-Somers
Keri K. Gould
Rachel R. Paras
Lisa Schreibersdorf
Joseph Sieger
Sejal Singh
Kim Susser
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SUP CT HIST:ERAS & JUSTICES (CONSTITUTIONAL LAW - 2020)
2 credits
Pre-requisite - Constitutional Law. This 2-credit course covers the history and work of the Supreme Court of the United States. It considers the Court, its justices and salient issues and episodes across periods in U.S. history. Grades will be based on class participation, regular writings and a final examination. In addition to the 2-credit course, students have the option to write in the next semester, subject to the professor's permission, a 1-credit research paper on a topic growing out of the course. The paper will be graded separately.
Prerequisite: CONSTITUTIONAL LAW
John Q. Barrett
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SUP CT HIST:RESEARCH PAPER (CONSTITUTIONAL LAW - 2030)
1 credits
Pre-requisite - Supreme Court History: Eras & Justices. Students who have completed Supreme Court History: Eras & Justices may, with the professor's permission, write in the next semester a 1-credit research paper on a topic growing out of the topic in the initial course.
Prerequisite: SUP CT HIST:ERAS & JUSTICES
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SUPREME COURT AMICUS BRIEF-PT1 (BANKRUPTCY LAW - 3090)
1 credits
the class will research, draft and file an amicus brief in a Under the supervision and direction of the faculty member, pending U.S. Supreme Court bankruptcy appeal (or Court of Appeals case if there is no appropriate Supreme Court appeal). Students will also study brief writing and the amicus concept. Written assignments will include at least one research memo and a section of the amicus brief. Grading will be based on the quality of the student's research and written work, and on the student's contribution to the amicus brief project. Although there is a classroom component to the course, the majority of the work will be concentrated in the period when the brief is written. Since the brief deadline could be in either semester, students must commit to both semesters of the course. Enrollment is limited. For J.D. students, the course requires prior approval by the Director of the LL.M. in Bankruptcy Program.
Prerequisite: LEGAL WRITING II
Richard Lieb
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SUPREME COURT AMICUS BRIEF-PT2 (BANKRUPTCY LAW - 4000)
1 credits
the class will research, draft and file an amicus brief in Under the supervision and direction of the faculty member, a pending U.S. Supreme Court bankruptcy appeal (or Court of Appeals case if there is no appropriate Supreme Court appeal). Students will also study brief writing and the amicus concept. Written assignments will include at least one research memo and a section of the amicus brief. Grading will be based on the quality of the student's research and written work, and on the student's contribution to the amicus brief project. Although there is a classroom component to the course, the majority of the work will be concentrated in the period when the brief is written. Since the brief deadline could be in either semester, students must commit to both semesters of the course. Enrollment is limited. For J.D. students, the course requires prior approval by the Director of the LL.M. in Bankruptcy Program.
Prerequisite: LEGAL WRITING II
Richard Lieb
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SUPREME COURT SEMINAR (CONSTITUTIONAL LAW - 1080)
3 credits
This seminar is an in-depth study of the Supreme Court as an institution, with a focus on current constitutional issues that form part of the Court's pending docket. Students will meet as a simulated Supreme Court, discuss pending cases in "conference," vote on those cases, and draft opinions. Interested students will be chosen for the course based upon an application submitted to the professor. Grades will be based on class participation and the written opinions.
Prerequisite: CONSTITUTIONAL LAW
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SURETYSHIP AND MORTGAGES (PROPERTY - 1070)
2 credits
The nature and formation of the suretyship contract is considered and is distinguished from similar relations. The statute of frauds problem is explored and analysis made of the surety rights against the principal debtor, the creditor, and co-sureties. The surety's defenses are studied including fraud, duress, incapacity of the principal; failure of a party to sign; release of a party; tender of performance; impossibility or illegality of principal's performance; alteration of principal; obligation and release of security. The course also covers security transactions involving real property. Topics covered are formal or legal mortgages, equitable mortgages, mortgages for future advances, the effect of the recording acts and the elements of bona fide lender for value, the nature of the interests, and the rights of the mortgagor and mortgagee, priorities between mortgagors, redemption, discharge and foreclosure. Grades are based upon a final examination.
Peter T. Roach