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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 Codes, UCC Article 2A (leases of personal property) and other pertinent law. Grades are based on a final examination. N.B. Students who take this course are not permitted to take Commercial Transactions.
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.
George R. 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
George R. 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%). The enrollment is limited to no more than 20 students. Prerequisite for J.D. students: 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 ("SROs") in the securities industry, the National Association of Securities Dealers ("NASD"), the New York Stock Exchange ("NYSE"), other SRO's, or state and federal courts. The students will provide representation in, among other things, churning and unauthorized trading, unsuitability, misrepresentation, and failure to supervise cases under the Rules and Procedures of the NYSE, the NASD and relevant state and federal securities laws. Students provide representation from initial client contact through confirming or vacating arbitration awards in court. Students will 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; participate in discovery; attend pre-hearing conferences, represent clients at arbitration hearings and at court hearings; represent clients at settlement negotiations and draft settlement agreements. 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. If you are interested in enrolling in the Securities Arbitration Clinic, you must apply on-line on the Law School's website under Securities Arbitration Clinic webpage. An interview with Professor Catalano is also required. Please note that the interview is a mandatory prerequisite for enrollment in the Securities Arbitration Clinic. The deadline for applying is the first Wednesday in April for the fall semester and the first Wednesday in November for the spring semester. Inquiries about the application process may be sent to securitiesapps@stjohns.edu. This course satisfies the Advanced Practice Writing Requirement.
Lisa Catalano
Christine Lazaro
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SECURITIES LITIGATION SEMINAR (BUSINESS AND FINANCE LAW - 2090)
2 credits
This seminar explores the current landscape of securities litigation. Class sessions will be devoted to examining two broad subjects: (1) securities class actions and other aspects of our private system of securities fraud enforcement and (2) SEC and self-regulatory organization enforcement proceedings. Among the topics that will be addressed are current securities reform efforts, the application of economic theory to class action litigation, current securities disclosure issues, and the liability of secondary participants for securities fraud. Several guest speakers from both the public and private sectors will lead students through real world case studies of securities litigation problems. Students will work in teams to brief and argue two motions in a hypothetical securities case. This seminar is intended to complement but not to overlap the Federal Securities Regulation course and Federal Securities Regulation Seminar. Grades are based upon the writing assignments, oral arguments, and class participation.
Prerequisite: SECURITIES REGULATION
Michael A. Perino
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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
William D. Harrington
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
Frank W. Giordano
Michael A. Perino
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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.
John Ford Elsaesser
Henry E Hildebrand
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SENTENCING SEMINAR (CRIMINAL LAW - 1080)
2 credits
This course will cover sentencing law and practice, first by examining theories of punishment and then by exploring the indeterminate sentencing scheme used in New York and the guidelines sentencing scheme used in the federal courts. Much of the course will be devoted to detailed study of a series of actual cases. In connection with those case studies, students will participate in simulated sentencing proceedings and will draft sentencing memoranda and sentencing opinions. Grades are based upon the writing assignments, the simulated sentencing proceeding, class participation, and a final examination. N.B.: Students taking this course are not permitted to take the three- credit Sentencing and Post-Conviction Relief.
Michael A. Simons
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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
Michael A. Simons
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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.
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/. Enrollment is limited to ten and 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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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
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STREET LAW EXTERNSHIP PLACEMNT (ADVOCACY AND LEGAL SKILLS - 6050)
1 credits
The Street Law Externship Program offers students the exciting opportunity to teach a practical law course to high school students in public schools in Queens and the surrounding area. 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 in the high schools 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 Externship Seminar. Interested students will be chosen for the course based upon an interview with the professor.
Corequisite: STREET LAW EXTERNSHIP SEMINAR
Patricia M. Montana
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STREET LAW EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 6040)
2 credits
In addition to their teaching in the high schools, 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 in the high school classroom. It will also introduce the law students to innovative and effective teaching methodologies appropriate for high school students. 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 the Street Law Externship Placement. Interested students will be chosen for the course based upon an interview with the professor.
Corequisite: STREET LAW EXTERNSHIP PLACEMNT
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.
Corequisite: SUMMER EXTERNSHIP SEMINAR
Keri K. Gould
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SUMMER EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 3060)
1 credits
The Summer Clinical Externship Seminar incorporates aspects of the General Clinical Externship Seminar and the Civil, Criminal and Judicial Clinical Externship Seminars with an emphasis on short written assignments, some of which are class-wide assignments and some of which are substantive-area specific, and group collaborative projects. Grades are based upon class participation, weekly written assignments, and a final student presentation. This course must be taken in conjunction with the Summer Clinical Externship Placement.
Corequisite: SUMMER EXTERNSHIP PLACEMENT
Victoria L Brown-Douglas
Michael A. Genkin
Jennifer Gilroy Ruiz
Jeffrey A Goodstein
Keri K. Gould
Theresa Holmes-Simmons
Patricia M. Montana
Scott Occhiogrosso
Elyse Pepper
Joseph Sieger
Kim Susser
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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. This course, if taken in addition to Supreme Court Amicus Brief-PT2, will satisfy the Advanced Practice Writing Requirement. For J.D. students, the course requires prior approval by the Director of the LL.M. in Bankruptcy Program.
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. This course, if taken in addition to Supreme Court Amicus Brief-PT1, will satisfy the Advanced Practice Writing Requirement. For J.D. students, the course requires prior approval by the Director of the LL.M. in Bankruptcy Program.
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