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(BUSINESS AND FINANCE LAW - 3050)
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.
(BUSINESS AND FINANCE LAW - 2050)
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.
SECURED TRANSACTIONS & BANKRUPTCY
(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.
SECURITIES ARBITRATION CLINIC
(ADVOCACY AND LEGAL SKILLS - 5050)
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 primary self-regulatory organization ("SRO") in the securities industry, the Financial Industry Regulatory Authority (FINRA). 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 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; participate in discovery; attend pre-hearing conferences, represent clients at arbitration hearings and at court hearings; represent clients at mediations and 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.
(BUSINESS AND FINANCE LAW - 2070)
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.
Pre-requisite: BUSINESS ORGANIZATIONS
SECURITIZATION, STRUCTURAL FINANCE & CAPITAL MARKETS
(BANKRUPTCY LAW - 4010)
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%). Pre-requisite for J.D. students: CREDITORS' RIGHTS or BUSINESS ORGANIZATIONS or SECURED TRANSACTIONS.
SELECTED TOPICS IN BANKRUPTCY
(BANKRUPTCY LAW - 4060)
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. Pre-requisite for J.D. students: CREDITORS' RIGHTS.
SENTENCING & POST-CONVICTION RELIEF
(CRIMINAL LAW - 1070)
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.
SMALL BUSINESS BANKRUPTCY
(BANKRUPTCY LAW - 4030)
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. Pre-requisite for J.D. students: CREDITORS' RIGHTS.
SOCIAL MEDIA AND THE LAW
(INTELLECTUAL PROPERTY - 2060)
Social and digital media has dramatically impacted everyday life. Individuals increasingly communicate online, and businesses increasingly use social and digital media to advertise products, promote brands and engage with customers in new ways. The legal world is also being affected by social media, in areas of law that include privacy, intellectual property, free speech, labor and employment, litigation procedure, wills and estates, advertising, securities, and more. From Facebook to Twitter, Linkedin and Instagram, the array of social media platforms is creating new legal challenges to consider and solve. This course will examine the increasing ways in which social and digital media use by individuals and companies impacts the law and compels the creation of laws and regulations to address social media use. Students will discover and learn how to effectively address trending legal issues for clients, and will be ready to embrace the next age of law and business with their best legal mind and digital foot forward. This course also provides students with lessons on utilizing social media platforms in a professional capacity, and effectively marketing themselves and their capabilities to employers and clients. Grades will be based on a final examination.
SOFTWARE LICENSE AGREEMENTS
(INTELLECTUAL PROPERTY - 2090)
This course provides students with an introduction to understanding the fundamental concepts of the Software License Agreement, a foundational building block for attorneys focusing on intellectual property and technology. Students will learn about the significance of standard terms comprising a software license agreement and how to identify potential licensing issues. Classroom work will include (a) identifying and clearly communicating issues resulting from the software vendor's and customer's positions, (b) revising the vendor's standard software license agreement from the perspective of the customer, (3) negotiating contract terms at issue. At the culmination of the course, students will have the option to tour Google's NYC office with the instructor and have an informal lunch with other Google attorneys. Grades will be based on classroom participation, written exercises, and a final examination.
SPECIAL EDUCATION LAW
(EDUCATION LAW - 1010)
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 of the hearing and appeals process. Pre-requisite: CONSTITUTIONAL LAW
(INTELLECTUAL PROPERTY - 1050)
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.
STATES & SOVEREIGNTY: INTERNATIONAL & COMPARATIVE
(INTERNATIONAL AND COMPARATIVE LAW - 3030)
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.
STREET LAW: LEGAL EDUCATION IN COMMUNITY
(ADVOCACY AND LEGAL SKILLS - 6050)
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. This course is capped at 12 students. Co-requisite: STREET LAW SEMINAR
STREET LAW SEMINAR
(ADVOCACY AND LEGAL SKILLS - 6040)
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. This course is capped at 12 students. Co-requisite: STREET LAW: LEGAL EDUCATION IN THE COMMUNTY
SUMMER EXTERNSHIP SEMINAR
(ADVOCACY AND LEGAL SKILLS - 2045)
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 the Externship Seminar – Advanced. This seminar will also be available in a distance-learning format for students externing at a distance.
Practice writing assignments (30%)
Interviewing, counseling and fact-investigation exercises (45%)
Class participation (5%)
Mandatory: Time sheets with reflections
Co-requisite: EXTERNSHIP PLACEMENT
SUPREME COURT AMICUS BRIEF
(BANKRUPTCY LAW – 3090 and 4000)
For J.D. students, the course requires prior approval by the Director of the LL.M. in Bankruptcy Program Under the supervision and direction of the faculty member, 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. Pre-requisite: CREDITORS’ RIGHTS.
SUPREME COURT HISTORY: ERAS & JUSTICES
(CONSTITUTIONAL LAW - 2020)
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. Pre-requisite: CONSTITUTIONAL LAW
SUPREME COURT HISTORY: RESEARCH PAPER
(CONSTITUTIONAL LAW - 2030)
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. Pre-requisite: SUPREME COURT HISTORY: ERAS & JUSTICES
SUPREME COURT SEMINAR
(CONSTITUTIONAL LAW - 1080)
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. Pre-requisite: CONSTITUTIONAL LAW