LABOR & EMPLOYMENT ARBITRATION
(LABOR AND EMPLOYMENT LAW - 1050)
This course focuses primarily on labor arbitration under collective bargaining agreements, but will also cover arbitration in non-unionized employment settings and arbitration as an alternative to employment discrimination litigation. The course will be roughly divided into three main segments: the legal framework for labor arbitration (and other forms of employment-related arbitration), the procedural and substantive issues in labor arbitration, and the development of effective arbitration advocacy skills. Students will be expected to complete a number of written assignments throughout the semester, including written analysis of diverse grievance provisions and arbitration clauses, and the writing of an arbitration opinion and award. In addition, the students will be expected to prepare, research and participate in a mock arbitration, possibly before outside arbitrators. The professor plans to divide the class into teams with each team having no more than three members. Depending upon the number of students in the class, there may be more than one mock arbitration. Each student will be required to write a final brief. Grades are based upon the interim written assignments, class participation, including performance in a mock arbitration, and the final brief. Pre-requisite: LABOR LAW or EMPLOYMENT LAW or EMPLOYMENT DISCRIMINATION
(LABOR AND EMPLOYMENT LAW - 1040)
The National Labor Relations Act is emphasized throughout the course. Consideration is given to day-to-day issues in labor-management relations. Union representation, unfair labor practice proceedings, collective bargaining, grievance negotiations and labor arbitration are studied in depth. Grades are based upon a final examination.
LABOR LAW - SPECIAL TOPICS
(LABOR AND EMPLOYMENT LAW - 1030)
This course will examine more sophisticated material not covered in the basic labor law course, including secondary boycotts, union-community coalitions, federalism and the labor preemption doctrine, and internal union governance. The study of international and comparative labor law developments will be supplemented by public policy considerations of social justice. Grades are based upon the individual student's choice of either a single research paper or a series of shorter memos on specific issues. Pre-requisite: LABOR LAW
LAND USE PLANNING
(PROPERTY - 1010)
This course provides an analysis of the legal and administrative aspects of land use control, and of the problems and techniques of urban planning. The course includes a study of building codes, zoning, subdivision, public acquisition of land tax controls and urban redevelopment. Grades are based upon a research paper of law review quality on a topic approved by the faculty member conducting the seminar.
LAW AND INTERNATIONAL DEVELOPMENT-BANKRUPTCY & SECURITY
(BANKRUPTCY LAW - 5000)
The use of secured transactions and bankruptcy laws to facilitate private transactions and transparent and efficient treatment of distressed or failed companies has long been understood as a cornerstone of domestic financial laws. The use of these types of laws in the global private (as opposed to public) context is less understood. This course will focus on the use of law and law reform to facilitate development; specifically, international and bi-lateral initiatives to measure the quality of laws and to provide assistance to countries in developing sound legal systems. The course will look at issues relating to access to credit for entrepreneurs, the relationship between legal system typologies and the availability of finance, the role of bankruptcy and insolvency laws in financial crises. The course will also examine the use, efficacy and political economy of other international and bi-lateral agencies. Pre-requisite for J.D. students: At least one of the following: CREDITORS' RIGHTS, SECURED TRANSACTIONS, INTERNATIONAL LAW or INTERNATIONAL BUSINESS TRANSACTIONS.
LAW AND INTERPRETATION
(THEORY, HISTORY & STRUCTURE OF LAW - 2000)
This course uses the freedom of the seminar format to explore judicial opinions that deal with highly contested, charged and complex legal issues. The focus is on the competing values--jurisprudential, social, political, economic, moral, religious, philosophical, personal-- expressly or implicitly contained in a text. In the interpretation of opinions, students will explore the following questions, among others: What is the factual "picture"--the historical, the legal, the social context--of the case being decided?; what does the text "mean," in every sense that can be brought to it?; which values does the author of an opinion use to reach a decision?; does the student agree with the values used by the author, or how they are employed, to reach a decision, and if so, why?; if the student disagrees with the values used by the author, which values would the student use to reach a decision and why are the chosen values better than those used by the author? The final grade will be based on classroom participation and, primarily, on a paper.
LAW AND LITERATURE
(THEORY, HISTORY & STRUCTURE OF LAW - 1040)
Students in this course will read works of literature by such authors as Aeschylus, William Shakespeare, Toni Morrison, William Faulkner, Charlotte Bronte and Virginia Woolf to study various topics including the moral and ethical dimensions of law, law's connection to the fate of individuals, and the connections among law, authority and humanity, using principles of traditional, modern and post-modern literary criticism. Short weekly nongraded responses are required. Grades are based upon attendance, participation in class discussions, and either three short papers or one long research paper.
LAW AND MILITARY OPERATIONS
(CONSTITUTIONAL LAW - 2070)
This course provides a survey of the domestic, foreign and international law enabling and governing military operations by US and other forces worldwide. The course will cover the constitutional and international law underpinnings of military operations, court-martial and other military disciplinary law and regulation under the Uniform Code of Military Justice, law of armed conflict and rules of engagement, administrative law impacting peacetime and wartime operations, contracting and fiscal law related to supporting military forces, tort claims arising from military activities, and legal support for individual military members, civilian employees and retirees.
LAW AND RELIGION SEMINAR
(CONSTITUTIONAL LAW - 1070)
This seminar explores the interaction of law and religion in American society. It traces the history of American religious liberty and explores the continuing evolution of the Supreme Court's Establishment and Free Exercise Clause jurisprudence. Among the topics discussed are: state financial assistance to religion; restrictions on religious speech; religious displays on public property; religion in the public schools; the autonomy of religious communities; and state accommodation of religious practices. Grades shall be based on a substantial research paper, an in-class presentation, and class participation. Students who take this course may not also take Law and Religion Seminar: Comparative and International Perspectives (Constitutional Law - 1090). Pre-requisite: CONSTITUTIONAL LAW
LAW AND RELIGION SEMINAR: INTERNATIONAL AND COMPARATIVE PERSPECTIVES
(CONSTITUTIONAL LAW - 1090)
This seminar will explore the ways in which different legal systems, including the international human rights regime, accommodate the sometimes competing demands of law and religion. After an introduction to the theoretical underpinnings and history of the subject, the course will address two main areas: free exercise of religion (e.g., religious exemptions, proselytism, and religious discrimination) and the separation of state and religion (e.g., religious establishments, the autonomy of religious associations, and public funding). Throughout, we will compare how Western and non-Western countries address these questions and consider the effect of international human-rights norms. Grades will be based on a substantial research paper, an in-class presentation, and class participation. Students who take this course may not also take Law and Religion Seminar (Constitutional Law - 1070). Pre-requisite: CONSTITUTIONAL LAW
LAW & RELIGION SEMINAR: INTERNATIONAL AND COMPARATIVE PERSPECTIVES - SUMMER ABROAD PROGRAM
(CONSTITUTIONAL LAW - 2050)
This seminar will explore the ways in which different legal systems, including the international human rights regime, accommodate the sometimes competing demands of law and religion. After an introduction to the theoretical underpinnings and history of the subject, the course will address two main areas: free exercise of religion (e.g., religious exemptions, proselytism, and religious discrimination) and the separation of state and religion (e.g., religious establishments, the autonomy of religious associations, and public funding). Throughout, we will compare how Western and non-Western countries address these questions and consider the effect of international human-rights norms. Grades will be based on an examination and class participation. Students who take this course may not also take the 3-credit-hour course, Law and Religion Seminar: International and Comparative Perspectives (Constitutional Law 1090) or Law and Religion Seminar (Constitutional Law 1070).
LAW IN CHINA
(INTERNATIONAL AND COMPARATIVE LAW - 4040)
This two-credit survey course provides an introduction to the role of law in the People's Republic of China and the historical, political, and social contexts within which the PRC legal system operates. Topics include, among others, legal philosophy in traditional China, constitutionalism, the Chinese Communist Party's role in government and the legal system, law-making, the courts, administrative law, criminal justice, civil and economic law, and human rights. There are no pre-requisites for the course. Grades are based on one 20-page research paper and class participation.
LAW OF THE EUROPEAN UNION
(INTERNATIONAL AND COMPARATIVE LAW - 1090)
This course provides an introduction to the law and institutions of the European Union. Emphasis is placed on understanding the process of European Union Law in its political and cultural context and aspects of public and private law, as well as addressing the major legal issues which European Law presents to the United States lawyer. The course will consider the following topics: European Union institutional structure and legal system, sources of European Union law, the treaty system as European constitution, role of the European Court of Justice, separation of powers, relationship between European Union and national legal orders, individuals' rights, free movement of goods, persons, services and capital, economic and monetary union, agricultural policy and its reform, competition law, labor law and social policy, environmental law, sex equality law, company law, and European Union international trade relations. Grades are based upon a final examination. N.B. Students who take this course are not permitted to take the two-credit Law of the European Union Seminar course.
LAW OF THE EUROPEAN UNION SEMINAR
(INTERNATIONAL AND COMPARATIVE LAW - 3010)
This course provides an introduction to the law and institutions of the European Union. The course will consider the following topics: European Union institutional structure and legal system, sources of European Union law, the treaty system as a European constitution, role of the European Court of Justice, and the policies of the EU. Grades are based upon class participation and a final examination. N.B. Students who take this course are not permitted to take the three-credit Law of the European Union course.
LAW THROUGH FILM
(THEORY, HISTORY & STRUCTURE OF LAW - 1070)
Film has the power to stimulate debate. This seminar affords an opportunity to explore jurisprudential issues and value systems through a critical examination of the narrative, historical context, and cinematic technique of films. Thus, this seminar explicitly challenges settled assumptions about law and justice. The films and accompanying reading assignments concentrate on three overlapping themes: defining community, apportioning fault, and distributing justice. In particular, the course highlights the lawyer's role as an "insider" with respect to these concerns, and evaluates the benefits and obligations conferred by that status. When offered during the Fall and Spring semesters, grades are based on two short papers, a research paper, presentation of the paper, and participation in class discussion. When offered during an intersession, grades are based on a final exam, discussion pieces, and class participation.
(ADVOCACY AND LEGAL SKILLS – 2075)
This course introduces students to the basic skills of lawyering, focusing on negotiation and incorporating interviewing, client counseling, and contract drafting. Taught in an intensive format emphasizing simulations, exercises, and other forms of experiential learning, the course immerses students in both the theoretical bases and the practical application of the skills required for effective, ethical lawyering. Grades are based on a combination of short examinations on assigned readings, participation in class discussions and exercises, written assignments, and a final examination.
LEGAL HISTORY SEMINAR
(THEORY, HISTORY & STRUCTURE OF LAW - 1020)
This 2-credit course is offered in topic-specific formats covering important eras, developments and figures in U.S. and international legal history. Each specific course is offered with a fuller title (Legal History Seminar: ______ [specific topic]) and described in detail in the registration materials for the semester in which the course is offered. Grades are 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 this course. The paper will be graded separately. Pre-requisite: CONSTITUTIONAL LAW
LEGAL HISTORY SEMINAR: RESEARCH PAPER
(THEORY, HISTORY & STRUCTURE OF LAW - 2020)
Pre-requisite - Legal History Seminar. Students who have completed Legal History may, with the professor's permission, write in the next semester a 1-credit research paper on a topic growing out of a topic in the initial course. Pre-requisite: LEGAL HISTORY SEMINAR
(HEALTH LAW - 1020)
This course includes a survey of the more common types of medical problems likely to be encountered in the practice of law. The role of expert medical testimony is considered in relation to tort cases, will contests, and criminal proceedings. The growing fields of workers compensation, disability benefits and industrial medicine are also discussed. Grades are based upon a final examination.
LEGAL RESEARCH - ADVANCED
(ADVOCACY AND LEGAL SKILLS - 1040)
In first-year Legal Research and Writing, students were introduced to core research materials such as digests, reporters, annotated codes, Shepard's, and various sources of secondary authority. In this course, students will learn how to use these materials more efficiently to research complex legal questions, and be introduced to sophisticated research materials such as loose-leaf services, federal and state administrative materials, specialized reporters, practice and procedure materials, legislative histories, and materials unique to particular practice areas such as tax, securities, banking and international law. At least one unit will be devoted to non-legal research and one to special New York materials. An emphasis will be placed on improving students' Westlaw and Lexis skills, integrating manual with on-line research, and comparing the effectiveness of manual and on-line research in various contexts. Grades are based upon periodic assignments and a research paper. N.B. Students who take this course are not permitted to take Advanced Legal Research and Writing.
LEGAL WRITING I
(LEGAL RESEARCH AND WRITING - 1030)
The first course in a two-semester sequence, this course teaches students legal writing, research and analysis. The course focuses on predictive legal writing. Students prepare several closed-universe, predictive writing assignments, and rewrite at least one assignment based on the professor's feedback. Grades are based primarily on writing assignments.
LEGAL WRITING II
(LEGAL RESEARCH AND WRITING - 1010)
The second course in a two-semester sequence, this course further develops students' writing, analytical, and research skills. The course focuses primarily on persuasive legal writing but may include a further predictive writing assignment. It also introduces students to oral advocacy. Students prepare several open-universe writing assignments and rewrite at least one persuasive writing assignment based on the professor's feedback. Students also conduct an oral argument. Grades are based primarily on writing assignments.
LEGAL WRITING - ADVANCED
(ADVOCACY AND LEGAL SKILLS - 4090)
This course is intended to develop students' ability to write clear, concise, well organized legal prose, to closely read and cull relevant information from source materials (such as case files), and to evaluate and edit their own and others' writing. In addition to required readings, there are numerous writing assignments: weekly ones of about two pages, plus a midterm of about six pages and final of about twelve. Weekly assignments cover a variety of legal documents, including pleadings, contract provisions, office memoranda, briefs, and law review articles. Typically, both the midterm and final assignments are memos from an associate to a partner assessing the strengths and weaknesses of a case based on a review of the file in a civil or criminal matter. The final grade is based on class participation, the written weekly assignments, the midterm assignment, and the final assignment. Graded assignments are judged by various criteria, including clarity of thought, word usage, sentence structure, organization, conciseness, spelling, punctuation and style.
LEGISLATION AND STATUTORY INTERPRETATION
(ADMINISTRATIVE LAW & GOVERNMENT REGULATION - 1060)
Statutory law has replaced common law as the principal source of legal rights and obligations in the United States. Most of the "law" that lawyers work with is statutory and almost every field of legal practice involves the construction of statutes. This course will provide students with a fundamental grounding in the legislative process and a systematic understanding of the rules, canons, and presumptions that judges use to interpret statutes. Topics covered will include the relationship between the common law and statutes, the linguistic and substantive canons of statutory construction, the implementation of statutes by administrative agencies, and the role of legislative history in statutory interpretation (how legislators produce it, how lawyers research it, and how courts use it). This course aims to provide practical training in the nuts and bolts of statutory interpretation as well as an understanding of the various theoretical approaches that courts may follow in applying the canons of construction. Students will participate in an ungraded group legislative drafting exercise and complete a few ungraded practical problems at the end of the semester. Grades will be based on a final examination.
LITIGATION IN NEW YORK’S COMMERCIAL DIVISION
(STATE AND FEDERAL PRACTICE - 4000)
Students will discuss and analyze practice in the New York Commercial Division. Students will be assigned current Commercial Division court decisions and will write case briefs and summaries of those decisions and present those to the class. Students will also participate in graded simulations. Grades will be based on writing assignments, class presentation, and performance in class simulations. Current members of the Commercial Division Online Law Report are given priority for enrollment in this course. All other interested students should submit an application to the professors.
LL.M. THESIS - INTERNATIONAL & COMPARATIVE SPORTS LAW
(DIRECTED RESEARCH - 1060)
This Directed Research course is taken by LL.M. students participating in an international and comparative sports law practicum. Students will have the opportunity to engage in advanced scholarly research and writing on a topic directly related to their experiential learning in international and comparative sports law. The outcomes of this course will be that students gain valuable experience in researching and presenting in a scholarly format an issue of interest to them in their chosen field of specialization. In addition, their thesis will become a major component of their portfolio of professional writing in sports law related matters for use in job interviews or for other professional advancement. Admission to this course is mandatory for all students enrolled in the International & Comparative Sports Law LL.M. program. The students, the practicum supervisor and the St. John's faculty advisor will, within 15 days of commencing the practicum, decide upon a final research topic of interest to the student and of value to the host organization. This course is graded based on the quality of submitted written work. All papers must be submitted in English. Enrollment in this course is required in conjunction with the International & Comparative Sports Law LL.M. practicum. Successful completion of the thesis, with a thesis grade no lower than a B-, is required for graduation from the LL.M. program in International & Comparative Sports Law. Pre-requisites: U.S. SPORTS LAW; INTERNATIONAL & COMPARATIVE SPORTS LAW; DISPUTE RESOLUTION FOR SPORTS; and ADVANCED TOPICS IN INTERNATIONAL & COMPARATIVE SPORTS LAW
LL.M. THESIS-TRANSNATIONAL LEGAL PRACTICE
(DIRECTED RESEARCH - 1050)
This directed research course is limited to students enrolled in the Transnational Legal Practice LL.M. program. Students will have the opportunity to engage in advanced scholarly research and writing on a topic directly related to transnational legal practice. If students are completing one of the approved concentrations (public international legal practice, transnational commercial practice, or transnational dispute resolution), their research must be undertaken in a subject directly relevant to their chosen concentration. Students pursuing a self-designed program of study must have their thesis subject approved by their thesis supervisor as consistent with their approved course of study. The outcomes of this course will be that students gain valuable experience in researching and presenting in a scholarly format an issue of interest to them in their chosen field of transnational legal practice. In addition, their thesis will become a major component of their portfolio of professional writing in transnational law-related matters for use in job interviews or for other professional advancement. This course is graded based on the quality of submitted written work. All papers must be submitted in English. To receive credit for the LL.M. thesis, students must submit a paper that is well written, adequately supported by authority and demonstrates analytical ability, and is awarded a grade no lower than a B-. Papers will fulfill the thesis requirement only if they are at least 8,000 words (including footnotes and/or endnotes), their thesis supervisor has commented on a first draft prior to submission of the final product, and the thesis supervisor certifies that the paper satisfies the above criteria.