BANKING LAW & REGULATION
(BUSINESS AND FINANCE LAW - 1030)
This course provides an introduction to the rapidly-growing and constantly-changing area of banking law in the United States. The course explains the following areas: the historical background of the industry and public policy considerations, the duality of the system, bank holding companies, branching and other market entry problems, limitations on power of various banking organizations, the various regulatory systems and the agencies and their functions, controls in the monetary system, consumer protection, non-bank competition, the process of deregulation, and present conditions and problems. The course does not include a study of the Uniform Commercial Code. Grades are based upon a final examination.
BANKRUPTCY ADVOCACY CLINIC
(ADVOCACY AND LEGAL SKILLS – 8090/9000)
8 credits: 4 in Fall, 4 in Spring
The Bankruptcy Advocacy Clinic is a two- semester clinical program available to second and third year students and evening students after their third semester if they can work in the clinic during the day. St. John's University is partnering with the NYC Bankruptcy Assistance Project of Legal Services NYC to give students the opportunity to engage in bankruptcy advocacy for debtors facing crushing debt and debilitating debt collection actions. Students will screen potential clients for bankruptcy, triage cases and prepare bankruptcy petitions for debtors to file pro se. In some cases, they may represent debtors in court, including Chapter 13 confirmation hearings, relief from stay motions, contested matters and adversary proceedings. Casework will be supervised by experienced bankruptcy attorneys. The grade will be based upon the student's overall performance in the clinic.
BANKRUPTCY AND SECURITY INTERESTS
(BANKRUPTCY LAW - 3010)
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. Pre-requisite for J.D. students: CREDITORS' RIGHTS or SECURED TRANSACTIONS.
BANKRUPTCY CLERKSHIP SEMINAR
(BANKRUPTCY LAW - 5080)
This seminar examines the role of bankruptcy law clerks with the goal of preparing students to be effective bankruptcy law clerks. Discussion topics will include advice to the new law clerk, an overview of the CM/ELF docketing system, calendar notes and “bench memos,” judicial ethics, opinion writing, reviewing motions, including a discussion of certain common motions, checking service, reviewing and drafting proposed orders and judgments, the adversary proceeding process, and selected issues in chapter 11 and chapter 13. Students will be required to read and write weekly case summaries of decisions written by their respective judges and become familiar with the local rules and standing orders for their respective districts. The seminar grade is based on class participation and a written bench memo assignment. Schedule permitting, the class will visit the chambers of a bankruptcy judge to view oral argument and meet with the judge.
(BANKRUPTCY LAW - 5060)
An examination of the policies that underlie the 1978 Bankruptcy Code and modern bankruptcy practice in both the individual and business contexts. Topics vary from year to year. Grades will be based on a research paper. Recommended pre- or co-requisite: Creditors Rights.
BANKRUPTCY FINANCIAL PLANNING AND ACCOUNTING
(BANKRUPTCY LAW - 1090)
This course will provide a working knowledge of accounting practice and procedures related to bankruptcy. This is not a general accounting course, but is specifically related to the accounting principles and financial documents required in a bankruptcy case including monthly operating statements, and disclosure statements, as well as pro-forma financial statements prepared as part of a proposed bankruptcy plan. LL.M. students without a substantial accounting background (e.g., CPA or equivalent) are strongly urged to take this fundamental course to comprehend, interpret and analyze financial data in order to determine whether an entity is financially viable and whether it can be reorganized under Chapter 11 of the Bankruptcy Code. Pre-requisite for J.D. students: CREDITORS' RIGHTS or ACCOUNTING FOR LAWYERS or BUSINESS BANKRUPTCY REORGANIZATIONS
(BANKRUPTCY LAW - 3030)
This course will examine the jurisdiction of the bankruptcy court. Among the issues considered will be the authority of the bankruptcy courts to conduct jury trials; conflict of laws issues between state and bankruptcy courts; what issues are "core" matters; appellate jurisdiction; and the constitutionality of the bankruptcy court system. Pre-requisite for J.D. students: CREDITORS' RIGHTS or BUSINESS BANKRUPTCY REORGANIZATION
(BANKRUPTCY LAW - 4080)
This course focuses on the types of research, writing and oral skills that are common to most bankruptcy practices. The course will be structured around a problem that raises a difficult bankruptcy issue. Students will research and draft a legal memorandum analyzing the law, prepare a motion and brief, and argue the motion orally. The course is intended to be an advanced and intensive research and writing course and students will be expected to produce at least two drafts of each written exercise. The course will be graded on a letter grade basis, with evaluation based primarily on the quality of the exercises. J.D. students may enroll with the permission of the Associate Dean of Bankruptcy Studies. J.D. Pre-requisite: LEGAL WRITING II
(BANKRUPTCY LAW - 4090)
This course focuses on the types of transactional research and writing skills that are common to most bankruptcy practices. The course will be structured around a common opinion issue in bankruptcy practice. Students will conduct legal research on the issue and draft a legal opinion of the type common to bankruptcy practice (e.g., a non- consolidation or true sale opinion). Additional exercises may be required. The course is intended to be an advanced and intensive research and writing course and students will be expected to produce at least two drafts of each written exercise. The course will be graded on a letter grade basis, with evaluation based primarily on the quality of the exercises. Pre-requisite for J.D. students: CREDITORS' RIGHTS.
(BANKRUPTCY LAW - 3040)
This course will cover procedural issues in bankruptcy cases from the commencement of the case to discharge or plan confirmation. It will include simulation and exercises in practice under the Federal Rules of Bankruptcy Procedure. The students will also draft pleadings, discovery requests, orders and judgments in bankruptcy. Pre-requisite for J.D. students: CREDITORS' RIGHTS or CONSUMER BANKRUPTCY or BUSINESS BANKRUPTCY REORGANIZATIONS
BANKRUPTCY PROFESSIONALS AND ETHICS
(BANKRUPTCY LAW - 1040)
This course deals with three related and troublesome issues in bankruptcy practice. The course will cover the specific and somewhat conflicting provisions of the Bankruptcy Code dealing with ethics, as well as conflicts arising in representation of debtors-in-possession, and professional responsibility in the context of major bankruptcy cases. Bankruptcy fraud situations and malpractice issues will be analyzed. Pre-requisite for J.D. students: CREDITORS' RIGHTS and PROFESSIONAL RESPONSIBILITY.
(BANKRUPTCY LAW - 5020)
This course examines the bankruptcy sale process. The course will cover the basic rules governing bankruptcy sales and will explore the motivations of the parties and creative uses of the sale process. Evaluation will be based on an examination, but class participation or a paper may be factored into the final grade. Pre-requisite for J.D. students: CREDITORS' RIGHTS or BUSINESS BANKRUPTCY REORGANIZATIONS..
(BANKRUPTCY LAW - 1060)
This course will examine the tax aspects of bankruptcy practice. Taxation is a major aspect of many bankruptcy cases and an emerging sub-specialty in the bankruptcy field. The course will consider such areas as the post-confirmation carry forward of losses, and tax planning for entities in financial difficulty. Pre-requisite for J.D. students: TAXATION-BASIC FEDERAL PERSONAL INCOME.
BANKRUPTCY THEORY SEMINAR
(BANKRUPTCY LAW - 2000)
This course examines the theoretical underpinnings and goals of bankruptcy law. It will analyze the conflict between the goal of providing the debtor with a "fresh start" and the goal of maximizing return to creditors, and whether the resolution should vary with the type of case. These and other questions will be examined from the perspective of the attorney, the judge, and the client in the context of specific bankruptcy issues. There will be guest speakers representing different positions in the bankruptcy spectrum. Pre-requisite for J.D. students: CREDITORS' RIGHTS.
(HEALTH LAW - 1010)
This course examines various legal aspects and historical foundations in the subject area of medical jurisprudence and bioethics. Students will become involved in the ongoing dialogue on issues of human experimentation, protection of human research subjects, xenotransplantation, organ donor considerations, minorities as research subjects, Federal radiation experiments, as well as other related concerns. The emerging debate surrounding the issues of federal, state and local regulatory initiatives in providing health and medical coverage will be examined. Grades will be based on a final examination.
BREAD AND LIFE: IMMIGRATION CLINIC
(ADVOCACY AND LEGAL SKILLS – 8040/8050)
8 credits: 4 in Fall, 4 in Spring
The Bread and Life Immigration Clinic is a two-semester clinical program available to second- and third-year students, and evening students who have finished three semesters and are able to do clinic work during the day. St. John’s Law School is partnering with St. John’s Bread and Life to give students the opportunity to engage in lawyering with an immigrant population. Students will be supervised by attorneys at Catholic Migration Services of Queens/Brooklyn. Students will develop skills in interviewing, identifying factual and legal issues, researching, preparing memoranda, working with clients from diverse cultures, and providing client representation or referrals to appropriate agencies. Students will be exposed to a wide array of immigration-related problems. Grades will be based on demonstration of the skills taught, ability to work with clients and team members, written assignments, and classroom participation, including roundtable discussions where students will present a client’s case, identify a particular complex legal, factual or strategic issue, and share ideas.
(BUSINESS AND FINANCE LAW - 4010)
Business Organizations is a pre- or co-requisite for this course. This course will focus on the Securities Exchange Act of 1934 as it pertains to the regulation of brokerage firms and brokers. The course will examine how brokerage firms are created and subsequently regulated by the Securities and Exchange Commission and the Financial Industry Regulatory Authority. The course will further examine a brokerage firm's obligations to its customers and potential liability for violations of those obligations. Lastly, the course will touch upon the dispute resolution process of the Financial Industry Regulatory Authority as it relates to customer claims. Grading will be based 80% on a final examination, and 20% on three exercises during the semester, each of which will require an oral presentation in class, and one or more of which may include writings. Pre-requisite or Co-requisite: BUSINESS ORGANIZATIONS
BUSINESS BANKRUPTCY REORGANIZATIONS
(BANKRUPTCY LAW - 1080)
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. Pre-requisite for J.D. students: CREDITORS' RIGHTS.
(BUSINESS AND FINANCE LAW – 4060)
Students often come to law school with little training or background in business. This course will introduce students to fundamental accounting, economic, and finance concepts that they need to know in order to advise their clients effectively in a wide variety of practice areas. Topics include: accounting and financial statements; the time value of money; valuation; equity, debt, and other financial instruments; and the capital markets. This course involves basic mathematics, but is specifically designed for students with no background in business, finance, or economics. It is open only to students who have taken no prior courses in accounting or finance, i.e., a single prior undergraduate or post-graduate course in accounting or finance renders a student ineligible. Grades will be based on daily problem sets and a final examination.
(BUSINESS AND FINANCE LAW - 3000)
This course is intended to familiarize students with the nature of business entities. The course begins with a review of Agency Law. Partnerships, limited partnerships and joint ventures are then examined against the background of the Uniform Partnership and Revised Uniform Limited Partnership Acts. In the examination of corporations, attention is given to the problems of forming and financing the corporation, the federal securities laws and the distinctions between publicly held and closely held firms. Considerable stress is placed on the rights of shareholders and the authority and obligations of directors and officers of a corporation. Consideration is also given to shareholders derivative actions and to the problems involved in the dissolution and combination of corporations. Grades are based upon a final examination.
(BUSINESS AND FINANCE LAW - 1060)
This course is designed to coordinate several areas of business-related law previously studied and to sensitize students to the constant practical interplay of these business-related areas of the law. Students will be assisted in verbalizing and drafting responses to the problems encountered by employing materials and documents which provide the framework for the practical application of previous legal training to commercial topics. Significant emphasis is placed on out-of-class drafting of and solutions to legal-business problems. Grades are based upon class performance and short written assignments. Pre-requisite: BUSINESS ORGANIZATIONS and TAX BASIC FED PERSONAL INCOME