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ADMINISTRATIVE LAW (ADMINISTRATIVE LAW & GOV'T REG - 1000)

3 credits

This course explores the administrative process in executive and independent regulatory agencies with emphasis on judicial review. Consideration is given to the powers vested in administrative bodies and to the constitutional, statutory and other legal limitations on agency decision making. Grades are based upon a final examination.

Prerequisite: CONSTITUTIONAL LAW I
Gary Minda
Rosemary C. Salomone

ADV BANKRUPTCY RES SEM-PART I (BANKRUPTCY LAW - 1020)

3 credits

This seminar is devoted entirely to the preparation by the student of a Master's thesis. The professor will work closely with each student as the student selects the topic, performs the research and writes the thesis. The professor will also assist in the process of obtaining a publication commitment for the completed thesis and in arranging the panel of experts who will hear the defense of the thesis. There will be individual meetings for each student with the professor on a bi-weekly basis and approximately six meetings of the entire seminar to discuss student progress and to analyze the subject matter of each thesis. Each student will have an outside mentor who is an expert in the subject area of the thesis, who will review the work during the drafting stage and provide suggestions and additional direction. Open to LL.M. students only.

Francis G. Conrad
Richard Lieb
Adam L. Rosen
George R. Warner
Robert M. Zinman

ADV BANKRUPTCY RES SEM-PARTIII (BANKRUPTCY LAW - 3050)

3 credits

For late completion of Master's thesis. This seminar is devoted entirely to the preparation by the student of a Master's thesis. The professor will work closely with each student as the student selects the topic, performs the research and writes the thesis. The professor will also assist in the process of obtaining a publication commitment for the completed thesis and in arranging the panel of experts who will hear the defense of the thesis. There will be individual meetings for each student with the professor on a bi-weekly basis and approximately six meetings of the entire seminar to discuss student progress and to analyze the subject matter of each thesis. Each student will have an outside mentor who is an expert in the subject area of the thesis, who will review the work during the drafting stage and provide suggestions and additional direction. Open to LL.M. students only.

Adam L. Rosen
Robert M. Zinman

ADV. LEGAL RESEARCH & WRITING (ADVOCACY AND LEGAL SKILLS - 7070)

2 credits

This course builds on the first-year Legal Research and Writing course by providing advanced instruction on researching and writing complex research memoranda and trial and/or appellate briefs. At least one assignment will involve statutory analysis and the use of legislative history. Because students have a basic familiarity with most of these documents, this course takes a more sophisticated approach toward developing research and writing strategies than the first-year course. Grades are based on research protocols, three written assignments, and oral argument. N.B. Students who take this course are not permitted to take Legal Research-Advanced.

ALTERNATIVE DISPUTE RESOLUTION (ADVOCACY AND LEGAL SKILLS - 1020)

2 credits

This course is designed to give both the theoretical and practical approaches to the various forms of the dispute resolution process. The student will be introduced to such techniques as mediation, conciliation, fact-finding, court-annexed arbitration and hybrid combinations of these processes. Throughout, the course will be concerned with an exploration of factors underlying these methods of arriving at agreement as well as the ethical issues that arise in the ADR context. Students will engage in simulated situations of dispute resolution which will be videotaped and critiqued. Grades are based upon a research paper and course participation.

Paul F. Kirgis
Scott E. Mollen

ANTITRUST LAW & INTEL PROP SEM (INTELLECTUAL PROPERTY - 2000)

2 credits

This seminar explores the intersection of antitrust and intellectual property ("IP") Law. Once thought to be inherently conflicting areas of law, academics and regulators increasingly view them to be complementary in nature. However, differences between real property and intangible property have required antitrust scholars and regulators to refine antitrust law in unprecedented and often controversial ways. This seminar covers a wide range of topics, including the evolution of the relationship between antitrust and IP law, the contemporary relevance of the study of the relationship between antitrust and IP, assessing market power and monopoly power in markets dominated by intellectual property, the antitrust issues raised by the licensing and pooling of IP rights, the "essential facilities" doctrine and its application to IP, the famous U.S. v. Microsoft line of cases, and reconciling antitrust law's goal of preventing and reducing monopoly power with the economically significant exclusive property rights given to owners of IP. Grades are based upon a research paper of 15-25 pages, which students are expected to present orally to the class. In addition, there will be mid-term deadlines by which to submit paper topics for approval and 1-2 page outlines of the paper.

Prerequisite: COPYRIGHT LAW OR PATENT LAW OR TRADEMARKS & COPYRIGHTS SURVEY OR TRADEMARKS & UNFAIR COMPET
Prerequisite or Corequisite: TRADEMARKS & UNFAIR COMPET

ANTITRUST SEMINAR (BUSINESS AND FINANCE LAW - 1020)

2 credits

This course will examine in depth some topics covered in Antitrust Laws and Competition and also deal with issues not covered in the introductory course. Among the problems to be examined are: per se illegality, resale price maintenance and other vertical restraints; damages; contribution; indirect purchase doctrine; summary judgment; discovery; right to a jury trial; complex litigation; and regulated industries and special problems of dominant firms. Grades are based upon memoranda and a final examination.

Prerequisite: ANTITRUST LAWS & COMPETITION
Edward D. Cavanagh

APPELLATE ADVOCACY SEMINAR (ADVOCACY AND LEGAL SKILLS - 2040)

2 credits

The Appellate Advocacy Seminar, beyond covering all aspects of appellate practice and procedures, affords the student the opportunity to draft all usual and necessary documents in the preparation and prosecution of an appeal. Specifically, it treats such matters as harmless and reversible error, analysis of cases, standards of appellate judicial review, frivolous appeals and sanctions. In addition to a consideration of the appellate judicial process, appellate legal skills, both written and oral, and the art of persuasion, the seminar stresses ethical considerations underlying the bringing of an appeal and the professional responsibility of counsel in all aspects of appellate practice. In lieu of an examination, the seminar requires the drafting of an appellate brief and the presentation of an oral argument before a panel of judges and appellate practitioners.