RACE AND CORPORATE LAW SEMINAR
(INDIVIDUAL RIGHTS - 2000)
This seminar will focus on the intersection of issues relating to race, business, corporate law and corporate governance. Students will examine examples of race discrimination by corporations and explore corporate law and governance remedies that may ameliorate the effects of discrimination. The discussions and readings will be interdisciplinary. Students will consider law and economics, behavioral economics, critical race theory and other disciplines to explore discriminatory corporate cultures and racial under-representation within large publicly held companies. Part of the focus in this seminar will be on critical race theories such as the unconscious nature of racism, the phenomenon of legal storytelling, and the idea of race as social construct. Students will examine and apply race theory to corporate governance problems. Each student must complete a scholarly research paper of at least 20 pages, and present and defend that paper during one of the last three classes. The grade for the seminar will be based on class discussions, the paper, and the presentation and defense of the paper in class. Pre-requisite: BUSINESS ORGANIZATIONS
RACE AND LAW SEMINAR
(INDIVIDUAL RIGHTS - 1080)
This course explores how race and law have interacted in American society. Materials for investigation will include Supreme Court opinions, historical accounts, jurisprudence and some interdisciplinary readings. The course will specifically explore the following topics: (1) What is race?; (2) Slavery; (3) Colorism; (4) Colonization of Puerto Rico; (5) Manifest Destiny and Mexican Americans; (6) Asian American Immigration Exclusion; (7) Native American "Trail of Tears"; and (8) Affirmative Action. Grades are based upon (1) final exam; (2) autobiography; (3) journal entries; and (4) class presentation.
REAL ESTATE FINANCE
(PROPERTY - 1070)
This course is designed to provide students with a working knowledge of the federal and state consumer protection laws affecting the origination and foreclosure of real estate mortgages, the regulation of the mortgage industry, and the foreclosure process, including title insurance, the priority of liens, the impact of bankruptcy filings and post-foreclosure proceedings such as evictions, surplus money proceedings and deficiency judgments. Grades are based upon a final examination.
REAL ESTATE TRANSACTIONS
(PROPERTY - 1090)
Open only to students who have not taken the two-semester sequence of Property I and II and/or Real Estate Transactions-Advanced. This course examines the fundamental legal and business building blocks of real estate transactions. Topics include the role of the lawyer, broker participation and responsibilities, the contract of sale and remedies for breach, deeds and closing, the title system, mortgages and foreclosure. This course provides a foundation for other advanced real estate courses. Grades are based upon a final examination. Pre-requisite: PROPERTY
REAL ESTATE TRANSACTIONS-ADVANCED
(PROPERTY - 1040)
This course is designed to acquaint the student with current real estate concepts and trends, and treats such areas as institutional lending practices, governmental financing programs, the sale and leaseback, real estate investment trusts, syndications, air rights projects, and cooperatives and condominiums. The income tax ramifications of various legal arrangements are studied in conjunction with an analysis of the legal framework of the transaction. Grades are based upon a final examination. Pre-requisite: REAL ESTATE TRANSACTIONS
REAL ESTATE WORKOUTS & BANKRUPTCY SEMINAR
(BANKRUPTCY LAW - 1010)
This course will examine the consequences of real estate defaults, emphasizing the major current problems faced by real estate mortgagees, landlords, tenants and partners in default situations and mitigating drafting techniques that may be employed in the documentation stage. Among the areas covered will be: negotiating and drafting a workout agreement; lender liability; cram down of bankruptcy plans including classification and "new value" issues; and effect of bankruptcy of a real estate partner. Grades are based upon a research paper and a final examination. Pre-requisite for J.D. students: CREDITORS' RIGHTS or REAL ESTATE TRANSACTIONS-ADVANCED or BUSINESS BANKRUPTCY REORGANIZATIONS.
REFUGEE & IMMIGRANT RIGHTS LITIGATION CLINIC
(ADVOCACY AND LEGAL SKILLS – 5000/5020)
The Refugee and Immigrant Rights 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 School of Law is partnering with Catholic Charities, Department of Immigration and Refugee Services, to give students the opportunity to provide direct representation in, among other things, asylum cases, cases under the Violence Against Women Act, and The Victims of Trafficking and Violence Protection Act of 2000. Students provide representation from initial client contact through final resolution of the case. Students will interview clients, conduct full-scale fact investigations, perform legal research, develop a case theory that integrates the facts of the case and the relevant law, and provide representation at administrative hearings and court proceedings. Students will develop essential lawyering skills, substantive legal knowledge and professional responsibility while representing clients. Casework will be supervised by adjunct professors, who are experienced immigration rights attorneys from Catholic Charities. Clinic students will enroll in the Refugee and Immigrant Rights Clinic (two credits) and in a seminar component (two credits). The seminar meets for two (2) hours at either the law school or Catholic Charities. The seminar will provide the opportunity for students to learn and develop essential lawyering skills required in client representation, learn substantive areas of immigration law, and participate in roundtable discussions. Lawyering skills classes will include discussion of interviewing, cross-cultural lawyering, case theory and strategy, fact investigation, use of and preparation of experts, and direct and cross-examination. At roundtable discussions, students will present a client's case, identifying a particular complex legal, factual or strategy issue for discussion by the group. This two-semester course will maximize each student's opportunity to see a case from start to finish. Students will spend thirteen (13) hours a week working on cases at the Catholic Charities Office, or in the field investigating a case or appearing at an administrative or court proceeding. Students will be chosen based upon an interview with the professors.
REGULATION OF MUTUAL FUNDS
(BUSINESS AND FINANCE LAW - 3020)
This course will address the federal regulation of the asset management industry by focusing on publicly traded mutual funds and the investment advisers who provide advice to these mutual funds. Publicly traded mutual funds are the largest part of the asset management industry, managing $18.2 trillion in assets. In contrast, hedge funds and private equity funds, the two most prominent private asset management types, manage $3 trillion and $3.5 trillion, respectively. In large part, this is a course about the regulatory structure that governs the publicly traded mutual fund, focusing on the Investment Company Act of 1940 and the Investment Advisers Act of 1940 and the SEC regulations under these two acts. But the course will also touch on state law issues that are relevant to the asset management industry. Particular attention is devoted to the definition of a mutual fund, organizing a mutual fund, restrictions on affiliated transactions, investment objectives, distribution practices, including fund "supermarkets" and prospectus disclosure requirements. The course also covers issues relating to the independence of directors, governance rights of shareholders, advisory fees and expenses, codes of ethics, and trading practices. Class discussion will examine the roles of in-house counsel to the fund manager, and independent counsel to the fund and its disinterested directors. Grades are based upon a final examination. Pre-requisite: BUSINESS ORGANIZATIONS
REPRESENTING CLIENTS IN COMPLEX LITIGATION
(STATE AND FEDERAL PRACTCE – 4010)
This course will require students to consider all aspects of a prolonged, complex business-oriented litigation from the perspective of the client. Utilizing a real case from federal court involving multiple parties over multiple years (the case may vary from year to year), we will investigate what the client's interest is: how to best protect it; how to minimize transaction costs; how to share common interests, tasks and expenses; how to deal with governmental parties (federal, state, municipal); how to achieve the best result for the client. We will consider how these factors may vary among clients: large conglomerates; "Mom and Pop" businesses; companies with much at risk regardless of size; those with little at risk. The availability of insurance frequently plays a role in a company's defense strategy, and the use of the declaratory judgment action to clarify insurance coverage will be examined. Students will be assigned a client to represent in retaining counsel, negotiating common-defense agreements, drafting case management orders pursuant to the Manual for Complex Litigation, and brainstorming regarding the client's short-term tactics and long-term strategy to seek the desired result. Grades will be based on daily written assignments, oral presentations and a final exam.
REPRESENTING TRUSTEES IN BANKRUPTCY
(BANKRUPTCY LAW - 4040)
This course examines current issues that arise in the representation of trustees in the bankruptcy process. Among other issues, the course will examine the powers and duties of a trustee, the role a trustee plays in different contexts, and the relationship between a trustee and the Office of the United States Trustee. The differing powers, duties, and roles of a trustee in Chapter 7, 11, 12 & 13 cases will be explored. Evaluation will be based on an examination, but class participation is required and may be factored into the final grade. Pre-requisite for J.D. students: CREDITORS' RIGHTS or BUSINESS BANKRUPTCY REORGANIZATIONS.
RESOLVING INTERNATIONAL CIVIL DISPUTES
(ADVOCACY AND LEGAL SKILLS - 7090)
In an increasingly globalizing world, practicing attorneys must be skilled in how to resolve international civil disputes. How is the practice of international civil dispute resolution different from domestic practice? First, the students will be introduced to an overview of the competing systems available to resolve international civil disputes. Then students will have an opportunity to work on selected issues in international litigation and dispute resolution, such as evaluation of the benefits and risks of different approaches to dispute resolution, strategic planning (before and after disputes erupt), advocacy considerations, and cultural competence. Students will learn from a combination of lectures, simulations, field visits and drafting exercises. Lawyers engaged in international practice will be invited to selected class sessions. Rome will be used as a window to examine the dynamic challenges of international dispute resolution. The course grade will be based on the quality of classroom participation and a final examination.