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BANK. ETHICS,FRAUD&MALPRACTICE (BANKRUPTCY LAW - 1040)
2 credits
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. Prerequisite for J.D. students: Creditors' Rights and Professional Responsibility.
Melanie L. Cyganowski
Cecelia G. Morris
George R. Warner
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BANKING LAW & REGULATION (BUSINESS AND FINANCE LAW - 1030)
3 credits
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.
Vincent M. DiLorenzo
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BANKRUPTCY ACCOUNTING (BANKRUPTCY LAW - 1090)
2 credits
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. Prerequisite for J.D. students: Creditors' Rights or Accounting for Lawyers.
Francis G. Conrad
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BANKRUPTCY JURISDICTION (BANKRUPTCY LAW - 3030)
1 credits
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. Prerequisite for J.D. students: Creditors' Rights.
James L. Garrity
Alec P. Ostrow
George Miller Prescott Jr.
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BANKRUPTCY PRACTICE-LITIGATION (BANKRUPTCY LAW - 4080)
1 credits
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. Prerequisite for J.D. students: Creditors' Rights.
Alec P. Ostrow
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BANKRUPTCY PRACTICE-OPINION (BANKRUPTCY LAW - 4090)
1 credits
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. Prerequisite for J.D. students: Creditors' Rights.
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BANKRUPTCY PROCEDURE (BANKRUPTCY LAW - 3040)
2 credits
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. Prerequisite for J.D. students: Creditors' Rights.
Francis G. Conrad
James L. Garrity
Christopher F. Graham
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BANKRUPTCY TAXATION (BANKRUPTCY LAW - 1060)
2 credits
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. Prerequisite for J.D. students: Taxation-Basic Federal Personal Income.
Jacob L. Todres
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BANKRUPTCY THEORY SEMINAR (BANKRUPTCY LAW - 2000)
1 credits
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. Prerequisite for J.D. students: Creditors' Rights.
Richard Lieb
George R. Warner
Robert M. Zinman
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BUS. TORTS & INTELLECTUAL PROP (INTELLECTUAL PROPERTY - 1080)
3 credits
This course acquaints students with an exciting array of legal issues affecting the marketplace, consumer interests and the private ownership of 'cultural property,' including common law, unfair competition, trade secrets, predatory practices, trademark, false advertising and copyright laws. The class structure is divided equally between traditional classroom instruction and lawyering exercises pertaining to the various torts studied. Substantial student participation is, therefore, required in both aspects of the class. The first class each week is dedicated to a thorough examination of the applicable laws and cases with the expectation that students will be prepared to work through the fundamental nuances of the readings. During the second class of each week, students will divide into panels (simulating medium-sized law firm practice) to argue the interests of clients involved in one of a series of exercises. Grading is distributed as follows: 80% on performance on the final exam; 20% on participation and preparedness in the lawyering exercises.
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BUSINESS ORGANIZATIONS (BUSINESS AND FINANCE LAW - 3000)
4 credits
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.
Leonard M. Baynes
William D. Harrington
Michael A. Perino
Cheryl L. Wade
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BUSINESS PLANNING (BUSINESS AND FINANCE LAW - 1060)
3 credits
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.
Prerequisite: BUSINESS ORGANIZATIONS AND TAX BASIC FED PERSONAL INCOME
John E. Davidian
William D. Harrington