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CANON LAW (CANON LAW - 1000)
2 credits
This course introduces the student to the canon law of the Roman Catholic Church. In addition to an examination of the historical and theoretical foundations of canon law, the course examines certain foundational concepts of ten Codes Iuris Canonici as promulgated in 1983("CIC-1983"). Specifically, the course examines the general norms for canon law (Book 1, CIC-1983) and the juridical structure of the Church (Book II, CIC-1983). Designed for students familiar with the common-law tradition, the course adheres to a comparative methodology. Grades are based upon a final examination.
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CAPITAL PUNISHMENT IN 21ST CEN (CRIMINAL LAW - 1040)
3 credits
This course considers capital punishment's legal, political, and social implications, with an emphasis on modern legal issues. Historical and philosophical perspectives on the use of capital punishment will frame the many contemporary questions addressed during the course. The course will spend much time discussing the intricate constitutional doctrines developed by the Supreme Court in the 1970's when it "constitutionalized" capital punishment. Doctrinal topics may include: the role of aggravating and mitigating factors; challenges to arbitrary and/or racially discriminatory application of the death penalty; restrictions on the types of defendants eligible for the death penalty; restrictions on the types of jurors eligible for capital trials; the roles of defense counsel, prosecutors, judges, and juries; the scope of federal post-conviction review; and the role of executive clemency. The course will also address current issues surrounding the future of capital punishment in the United States. Grading will be based on a scholarly article on a topic chosen by the student and approved by the professor.
Craig M. Cooley, Esq
Glenda G. Grace
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CATHOLIC SOCIAL THOUGHT & LAW (THEORY,HIST.& STRUCTURE OF LAW - 1060)
2 credits
This course is designed to offer students an exposure to theories of law and justice based on Catholic social thought as it has developed over the last century. The course will offer students the opportunity to discuss and examine the basic principles of Catholic Social Thought and their justifications in the context of various substantive law areas and will enable students to compare those arguments with the theories traditionally used to defend and critique the American legal system. In exposing students to Catholic Social Thought as it applies to a variety of substantive areas, the course allows students a different way of thinking about legal issues that they address in other courses and equips them to think critically about the liberal state's vision of legal theory. A significant part of the readings for the course will consist of papal encyclicals, Council documents and pastoral letters issued by the American bishops. In addition, for each topic discussed in class, students will read some combination of cases, legislation (and proposed legislation), and secondary source material. Grading in the course will be based on a research paper, weekly reflections pieces on the topic for discussion in that class and on class discussion.
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CHILD ADVOCACY CLINIC (ADVOCACY AND LEGAL SKILLS - 5090)
4 credits
The Child Advocacy Clinic is a one-semester in-house, live- client, multi-disciplinary clinical program available to second and third year students. The Clinic addresses the needs of children who have been abused and neglected and affords the students the opportunity to develop essential lawyering skills, practical legal knowledge and professional responsibility while serving the Queens community. Students in the Clinic will be assigned to represent children in child abuse and neglect cases in Queens County Family Court. Allegations in these cases include physical abuse, drug and alcohol abuse, excessive corporal punishment, sex abuse, medical and educational neglect, failure to supervise, etc. Students provide representation from arraignment through final resolution of the case. Students working with mental health consultants will engage in all professional responsibilities and aspects of representation, such as interviewing, fact investigation, preparation of all legal papers, working with experts, trial preparation, negotiation, field work and trials. The Clinical Professor supervises students in all aspects of client representation and litigation. Students are required to work in the Clinic 13 hours a week. Additionally, students are required to attend a weekly 2-hour seminar component. The seminar will provide the opportunity for students to learn and develop essential lawyering skills required in client representation, learn substantive areas of law, and participate in roundtable discussions. Students will be selected based upon an interview with the professor and submission of a resume, cover letter, and unofficial transcript.
Jennifer Baum
Theresa A Hughes
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CHILDREN AND THE LAW SEMINAR (INDIVIDUAL RIGHTS - 1090)
2 credits
This seminar examines the legal status, rights, and obligations and the allocation of power among the child, the family, and the state in contemporary society. Topics covered include the right to education, parental choice and public school curriculum, the speech rights of minors, reproductive decision-making, medical care, the unique concerns of infancy and adolescence, child abuse and neglect, and the termination of parental rights. The approach used weaves case law together with legal and cross- disciplinary readings that underscore the connections among doctrine, policy, and data. While the focus is on the United States, supplementary materials including the U.N. Convention on the Rights of the Child encourage students to place the issues in national and global perspective. The final grade is based on class participation, problem-based assignments, and preparation and presentation of a final research paper of substantial scholarly merit, minimum 30 pages in length including notes.
Prerequisite: CONSTITUTIONAL LAW I
Prerequisite or Corequisite: CONSTITUTIONAL LAW I
Rosemary C. Salomone
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CIVIL EXTERNSHIP PLACEMENT (ADVOCACY AND LEGAL SKILLS - 3010)
2 credits
Students work 140 hours in pre-approved civil externship placements under the guidance of carefully selected mentor-attorneys. It is expected that students will be integrated into all aspects of the legal setting so that students will assist their mentor-attorneys in their day-to-day legal activities as well as receiving research, writing or other legal assignments. Some placements may include an opportunity to appear in court, interview clients, or interact with opposing counsel, while others may be more observational in nature. Civil clinical placements are in a variety of not-for-profit, government and public interest organizations which are on the leading edge of housing law, domestic violence law, immigration law, environmental law, labor law, mental hygiene law, consumer law, and general civil litigation, as well as other legal areas. The course is graded on a pass-fail basis. This course must be taken in conjunction with the Civil Clinical Externship Seminar.
Corequisite: CIVIL EXTERNSHIP SEMINAR
Wende A. Doniger
Louis V. Fasulo
Michael A. Genkin
Jennifer Gilroy Ruiz
Keri K. Gould
Gail Jacobs
Martin M. Marshak
Lori S. Rowan
Eylan Schulman
Joseph Sieger
Doug K. Stern
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CIVIL EXTERNSHIP SEMINAR (ADVOCACY AND LEGAL SKILLS - 3000)
2 credits
The Civil Clinical Externship Seminar explores civil lawyering in a variety of contexts. Students must complete weekly short written assignments based upon relevant readings and their externship observations and experiences, a collaborative student presentation, and accurate timesheets to promote self-directed learning through appropriate goal-setting and the critical reflection on legal process, lawyering skills, and legal institutions. The seminar uses an interactive classroom format which may include simulations and discussions where students share insights gained through their externship observations and experiences. Grades are based upon class participation, weekly written assignments, and a final student presentation. This course must be taken in conjunction with the Civil Clinical Externship Placement.
Corequisite: CIVIL EXTERNSHIP PLACEMENT
Wende A. Doniger
Louis V. Fasulo
Michael A. Genkin
Jennifer Gilroy Ruiz
Keri K. Gould
Gail Jacobs
Martin M. Marshak
Lori S. Rowan
Eylan Schulman
Joseph Sieger
Doug K. Stern
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CIVIL PRACTICE SEM. - FEDERAL (STATE AND FEDERAL PRACTICE - 3020)
2 credits
This course is the federal analogue of Civil Practice Seminar-State. The course is designed to give students experience in drafting the legal papers necessary to prosecute a civil action in federal court, including pleadings, amended pleadings, discovery requests, dispositive and non-dispositive motions, post-trial motions, and appellate papers. Assignments will be developed through hypothetical case files and will vary from time to time. Grades are based upon written submissions, oral presentations and class participation.
Edward D. Cavanagh
Patricia M. Montana
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CIVIL PRACTICE SEMINAR - STATE (STATE AND FEDERAL PRACTICE - 2050)
2 credits
In addition to drafting the papers necessary in the prosecution or defense of a civil action or proceeding in the New York State Courts, students will learn how to utilize the Civil Practice Law and Rules and related practice acts in hypothetical situations. While the specific subjects addressed in the course may vary from time to time, they are likely to include the drafting and amendment of pleadings; pre-trial, trial and post-trial motion practice; deposition workshops; the role of Article 78 proceedings; appellate court procedure, and the like. Grades are based upon written submissions, oral presentations, and classroom participation.
Prerequisite: NEW YORK PRACTICE
David P. Horowitz
Andrew J. Simons
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CIVIL PROCEDURE (CIVIL PROCEDURE - 1000)
4 credits
This first year course is concerned with the statutory and judicially established procedures governing the conduct of civil litigation in the courts, with an emphasis on the Federal Rules of Civil Procedure. The course examines in depth principles of jurisdiction, conflict of laws, pleadings, joinder of parties (including class actions), motions, summary judgment, discovery and the doctrine of preclusion. Grades are based upon a final examination.
Vincent C. Alexander
Charles E. Biblowit
Edward D. Cavanagh
Paul F. Kirgis
Robert A. Ruescher
Jeffrey Sovern
Ettie Ward
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CIVIL RIGHTS LITIGATION SEM. (INDIVIDUAL RIGHTS - 2020)
2 credits
This seminar will study recent cases under 42 USC sec. 1983 as an example of the judicial process in rapid evolution. Primary emphasis will be on the interaction of substantive with procedural law in this burgeoning area of righting governmental wrongs by litigation. In addition to the nature and scope of citizens' protected rights, discussions may include the role and impact of such problems as governmental immunity, federal-state relations, discovery, evidence, attorneys' fees, damages, and the relation of sec. 1983 to other available remedies. Grades are based research paper.
Kevin A. Reilly
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COMMERCIAL ARBITRATION (BUSINESS AND FINANCE LAW - 3010)
2 credits
This course focuses on arbitration as a means of resolving disputes. Topics include construction and enforcement of agreements to arbitrate, the federal and New York statutory schemes governing arbitration, the possible preemption of the state law of arbitration by its federal counterpart, the legal enforceability of arbitral awards, and policy restrictions on the arbitrability of certain types of claims. Emphasis is placed on arbitration outside the highly specialized labor area. Discussion extends to practice as well as theory. Assigned reading is fairly extensive. Grades are based upon a final examination.
Nicholas R. Weiskopf
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COMMERCIAL TRANSACTIONS (BUSINESS AND FINANCE LAW - 1070)
3 credits
This course deals principally with sales and negotiable instruments as governed by the Uniform Commercial Code. Also studied are other methods of making payment, including credit cards, debit cards and letters of credit. Grades are based upon a final examination. N.B. Students who take this course are not permitted to take Sales.
John P. Hennigan
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COMMUNICATIONS LAW (ADMINISTRATIVE LAW & GOV'T REG - 1050)
2 credits
This course is designed to explore the legal standards and policies affecting electronic communications media. Attention will be given to the licensing and regulation of telephone, broadcasting, cable television services and new developments affecting the communications marketplace. Among the subjects to be treated are: constitutional standards applicable to electronic media, content controls, common carrier regulation, federal preemption of state and local regulation, and deregulation. Grades are based upon a research paper of law review quality on a topic approved by the faculty member conducting the course, assigned memoranda, and class participation.
Leonard M. Baynes
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COMMUNITY ECON DEVELOP CLINIC (ADVOCACY AND LEGAL SKILLS - 7040)
4 credits
The Community Economic Development Clinic will be offered as a one-semester clinical program available to second and third year students. Students will have the opportunity to provide legal advice to small and start-up businesses in Queens, New York, on matters such as (1) assistance with the selection of an appropriate type of business entity (including preparation of articles of incorporation, by-laws, and partnership agreements), the development of a business plan, and the resolution of tax issues; (2) the review and drafting of contracts and commercial leases; (3) advising on licensing and zoning requirements; (4) assisting with audit and other compliance programs; (5) counseling on land use, property acquisition, operations, financing and employer/employee relations and human resource matters; (6) mediating business disputes; (7) reviewing copyright/ trademark issues; (8) advising on debt problems such as obtaining, reviewing and correcting credit reports; (9) assisting with bidding for concession space for vendors; and (10) formulating legislative advocacy programs. N.B. Tax and Business Planning are recommended but not required.
Prerequisite or Corequisite: BUSINESS ORGANIZATIONS
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COMP ASYLUM PROT & INTL HUM RT (INTERNAT'L AND COMPARATIVE LAW - 2090)
2 credits
This course will compare how different nations have addressed asylum protection in the context of international human rights and evolving modern concerns, starting with the United States and problem areas it recently has faced, such as post-9/11 national security issues, terrorism, persecution during periods of upheaval, resistance to the state in time of civil war, opposition to coercive family planning programs, and the many issues raised by gender- based claims for protection, including bodily mutilation and domestic violence. The course will review and compare basic asylum, non-refoulement, and Torture Convention eligibility criteria, compare the degrees of risk required for various forms of persecution under each law, and address questions of nexus and how persecutory motive is established. The course will then examine the ways in which human rights and humanitarian law have influenced asylum law and continue to help achieve the goals of the Geneva Convention.
Charles M. Russell
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COMPARATIVE BANKRUPTCY SYSTEMS (BANKRUPTCY LAW - 2010)
2 credits
This course examines the insolvency systems used by key European, Latin American, Middle Eastern, and Far Eastern countries and will consider their comparative strengths and weaknesses. Prerequisite for J.D. students: Creditors' Rights.
Francis G. Conrad
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COMPARATIVE CORPOR GOVERN SEM (BUSINESS AND FINANCE LAW - 3070)
2 credits
This course examines the corporate governance systems used by key European and Asian countries. Much of the seminar will be devoted to analyzing the common problems facing business organizations and how different legal systems respond to those problems. Among other topics, the seminar will analyze differences in the basic governance structure of corporations, creditor protection, related party transactions, mergers and acquisitions, and investor protection. The class will be conducted as a seminar in which students will present, defend, and receive comments from their fellow students on their papers. Students will be responsible for reading all required course materials and for class participation. Each student will also be required to research and write a paper on a relevant topic. The grade will be based on the paper (80%) and class participation (20%).
Prerequisite: BUSINESS ORGANIZATIONS
Michael A. Perino
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COMPARATIVE ELECTION LAW SEM (INDIVIDUAL RIGHTS - 2040)
3 credits
This seminar will examine contemporary doctrinal and normative issues concerning the electoral process and the efficacy of American democracy vis a vis the election systems of other constitutional democracies. The goal of the seminar is to engage students in a critical analysis of the legal framework and social and political landscape that underpin the exercise of the franchise in the United States within a broader, global context. Students will gain a deeper understanding of democratic theory and constitutionalism by studying features of the electoral systems in key European, Latin American, and African democracies, as well as Australia and the constitutional principles that animate them. The seminar will provide an abbreviated review of the legal history of the American franchise, legal and practical limitations on its current use, and the ways in which the regulation of political participation affects the balance of power in America. The course differs from Election Law and Political Participation (ELPP) in that it focuses on comparative law concepts and specific election laws in other constitutional democracies. Specific domestic election law concepts will be introduced as developed regulations and considered more fully only in the comparative context. To this end, students will be required to examine a contemporary voting rights issue in the United States and explore its current societal impact and the global context in which it operates through a comparative law analysis involving a peer democratic nation. Grades for the course will be based on a final paper, an in- class presentation, and in-class participation. N.B.: It is recommended, but not required, that students take Election Law and Political Participation in advance of the seminar.
Prerequisite or Corequisite: CONSTITUTIONAL LAW II
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COMPARATIVE LAW (INTERNAT'L AND COMPARATIVE LAW - 2000)
2 credits
This course will examine law and legal phenomena from a variety of different perspectives, with an emphasis on understanding how law operates and the role of law in society. It will begin with a discussion of the theory which underlies Comparative Law, primarily focusing on methodology and functional analysis and will then discuss the traditional focus in Comparative Law on the comparison between common law and civil law systems, and on the subject of "legal families," which consists of placing legal systems in broad groups. The focus will then shift to specific comparisons in constitutional law, and several other areas. Following this coverage of the traditional approach to Comparative Law, the course will examine several non-traditional approaches, which includes a study of the literature on the differences between primitive law and modern law. The purpose of this focus is to study the relationship between law and society and will then discuss the worldwide phenomenon of the transplantation of law (through colonization and voluntary borrowing), leading up to the present situation in many countries where the legal system contains a set of norms different from those reflected in society. Students enrolled in this course should gain an understanding of how law functions in different social contexts, thereby learning how law operates in our own society. Grades are based upon several class exercises and an exam.
Luca Melchionna
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COMPLEX BANK. LITIGATION SEM. (BANKRUPTCY LAW - 2020)
2 credits
This course will examine fraudulent conveyances; equitable subordination; substantive consolidation; preferences; confirmation of reorganization plans; and civil RICO, lender, and CERCLA liability. The course will also include issues such as expense management and budgeting; conflicts of interest; and other ethical considerations. Prerequisite for J.D. students: Creditors' Rights.
Robert J Feinstein
Richard Lieb
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COMPUTERS & THE LAW (INTELLECTUAL PROPERTY - 1000)
2 credits
This course will focus on the current legal issues involving computer technology. Topics include use of the computer as a legal aid, the protection of computer software as intellectual property, contracting for computer services, and government regulation of computers. Grades are based upon a research paper.
Joseph P. Zammit
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CONDOS COOPS & HOMEOWNER ASSOC (PROPERTY - 1000)
2 credits
This course examines modern forms of shelter from the viewpoint of the community, the developer, the institutional lender and the consumer. The relative advantages of each form of development, the legal problems involved in selling and re-selling individual units, and the controls that may be exercised over unit owners are examined. The economic, social and legal aspects of conversion of rental properties to cooperative or condominium status are discussed. Rights and remedies in the event of defaults by unit owners/developers are also considered. Students will work with applicable statutes, governmental regulations and documents of existing projects. Grades are based upon a research paper.
Patrick J. Rohan
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CONFLICT OF LAWS (STATE AND FEDERAL PRACTICE - 1000)
3 credits
This course studies the resolution of problems that arise when legal matters have a relationship to more than one state or nation. Topics covered include the circumstances under which courts will adjudicate disputes, the recognition of judicial decrees by other states, and the criteria for determining the substantive law applicable to multistate transactions. The role played by the United States Constitution in limiting state freedom of action in this area is also examined. Grades are based upon a final examination.
Charles E. Biblowit
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CONSTITUTIONAL LAW I (CONSTITUTIONAL LAW - 1040)
3 credits
This course examines broad themes of federalism and separation of powers and introduces students to the study of individual rights. Topics covered include judicial review, standing, mootness, political question doctrine, commerce clause powers and constraints on the states, taxing and spending powers, privileges and immunities, preemption doctrine, state autonomy, powers and limits of executive authority, the "takings" clause, the post-Civil War amendments, incorporation theory, and procedural and substantive due process. Grades are based upon a final examination.
John Q. Barrett
Rosemary C. Salomone
Thomas F. Shea
Philip Weinberg
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CONSTITUTIONAL LAW II (CONSTITUTIONAL LAW - 1050)
3 credits
This course examines the protections to individual rights afforded by the Bill of Rights. The emphasis is on the First and Fourteenth Amendments, including the various doctrines developed under freedom of speech and of the press, freedom of religion and the establishment clause, as well as the range of protections afforded under the equal protection clause with regard to race, alienage, age, non-marital children, gender, disability, sexual orientation, and fundamental rights as well as state action doctrine and congressional power to enact legislation. Grades are based upon a final examination.
Prerequisite: CONSTITUTIONAL LAW I
John Q. Barrett
Rosemary C. Salomone
Thomas F. Shea
Philip Weinberg
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CONSTITUTIONAL RIGHTS SEMINAR (CONSTITUTIONAL LAW - 1010)
2 credits
This seminar explores current important areas of constitutional law, with particular attention to the judicial protection of individual rights, including free speech, free press, religious freedom, privacy and gender-based discrimination. The seminar format permits analysis of these topics of expanding interest in greater depth than in the basic course. The areas discussed may vary somewhat in emphasis from one semester to another, depending in part on current decisions of the courts and in part on students' choices in selecting topics for their papers. Each student will prepare a paper of law review quality on a topic approved by the faculty member conducting the seminar. Grades are based upon a paper and course participation.
Prerequisite: CONSTITUTIONAL LAW I AND CONSTITUTIONAL LAW II
Rosemary C. Salomone
Philip Weinberg
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CONSTITUTIONAL THEORY (CONSTITUTIONAL LAW - 1020)
2 credits
This course examines the fundamental legal theories supporting the constitutional system in the United States. Selected readings from the Federalist Papers round the course. Current legal scholarship in constitutional theory provides satellite readings to explicate further the basic principles of the Constitution. Grades are based upon a series of related essays on themes in constitutional theory.
Prerequisite or Corequisite: CONSTITUTIONAL LAW I
David L. Gregory
Thomas F. Shea
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CONSUMER BANKRUPTCY (BANKRUPTCY LAW - 1070)
2 credits
This course will concentrate on Chapters 7 and 13 of the Bankruptcy Code, including consideration of such topics as the conflicting principles of fresh start vs. maximum return to creditors; good faith and substantial abuse; the automatic stay; property of the estate; exemptions and the discharge of debts; needs-based bankruptcy; Chapter 13 plans; and serial Chapter 13 filings. Grades are based upon a final examination. (The credit hours decision will be in advance each semester and clearly disclosed in the registration packet and schedule). Prerequisite for J.D. students: Creditors' Rights.
Elizabeth S Stong
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CONSUMER PROTECTION (INDIVIDUAL RIGHTS - 1020)
3 credits
This course explores the laws governing a variety of oppressive practices merchants engage in, including unfair and deceptive advertising, bait and switch transactions, and referral sales. The course also examines the law governing credit cards and other consumer credit transactions, including credit reporting, credit discrimination, abusive collection practices, and usury. Also covered are cooling off periods, debit cards, the cutting off of consumer claims and defenses, and how consumers can assert their rights. The course covers the Federal Trade Commission Act, the Consumer Credit Protection Act (including the Equal Credit Opportunity Act, the Fair Credit Reporting Act, the Fair Debt Collection Practices Act, the Electronic Fund Transfers Act, the Truth in Lending Act, and the Fair Credit Billing Act), the Magnuson-Moss Warranty Act, and various New York State statutes. Grades are based upon a final examination.
Jeffrey Sovern
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CONT PUB POL ISS& INT REV CODE (TAXATION - 2000)
2 credits
This "interdisciplinary" seminar explores contemporary domestic public policy problems in connection with federal tax strategies and policy. It focuses on several "hot topic" social, educational, healthcare, environmental, economic, and other domestic policy problem areas. (The choice of the focal areas will be influenced by current events, such as presidential and congressional proposals and election year issues. Therefore, some of the selected concentration areas will change as the course is repeated and kept current. Interested students are encouraged to consult the professor for this year's likely topics.) Students evaluate whether proposed and existing federal tax statutes are efficient and effective tools to address such matters, and they compare and consider alternative tax and non-tax strategies for their potential appropriateness. Grades are based on a team-generated think-piece, class participation, and a student's research paper on a relevant topic of the individual's selection.
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CONTEMPORARY CRIM JUSTICE SEM (CRIMINAL LAW - 1090)
2 credits
This seminar addresses today's pressing issues in criminal justice. It deliberates over the social and political implications of our criminal law policies. Specific topics will vary from year to year, but are likely to include some from the following list: (1) criminal law in family matters; (2) crimes of vice including the controversial war on drugs, the movement against drunk driving, drug treatment courts, etc.; (3) the challenge of pluralism including hate crimes and the culture defense; (4) community criminal justice policies and theory; (5) overcriminalization and many others. There will also be a comparative law component. Grades will be based on research paper, in class participation and a short reflection paper. N.B.: Students taking this course are not permitted to take the three- credit Advanced Criminal Law course.
Prerequisite: CRIMINAL LAW
Elaine M. Chiu
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CONTRACTS I (BUSINESS AND FINANCE LAW - 1090)
3 credits
This course deals with the formation, avoidance and discharge of contract obligations. Cases and materials selected for study reflect the influence that present-day industrial labor and economic conditions have exerted on the law of contracts. Attention is also directed to the remedies available for breach of contract and the rules for ascertaining the damages recoverable. Grades are based upon a final examination.
Christopher J. Borgen
Robin A. Boyle Laisure
Margaret N. Kniffin
Gary Minda
Mark L. Movsesian
Nicholas R. Weiskopf
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CONTRACTS II (BUSINESS AND FINANCE LAW - 2000)
3 credits
This course deals with the formation, avoidance and discharge of contract obligations. Cases and materials selected for study reflect the influence that present-day industrial labor and economic conditions have exerted on the law of contracts. Attention is also directed to the remedies available for breach of contract and the rules for ascertaining the damages recoverable. Grades are based upon a final examination.
Prerequisite: CONTRACTS I
Christopher J. Borgen
Margaret N. Kniffin
Gary Minda
Mark L. Movsesian
Nicholas R. Weiskopf
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COPYRIGHT LAW (INTELLECTUAL PROPERTY - 1010)
3 credits
This course entails a detailed study of federal and state copyright protection. The course includes an analysis of the applicability of state law and federal law, the types of works protected, the scope of protection including a discussion of the fair use doctrine, the term of copyright ownership, formalities and remedies. The law will be analyzed under the 1909 Copyright Act, the 1976 Act, and the 1976 Act as amended by the adoption of the Berne Convention. Grades are based upon a final examination. N.B. Students who take this course are permitted to take the two-credit Trademarks course but are not permitted to take a two-credit Trademarks and Copyrights Survey course.
Prerequisite: INTRO TO INTELLECTUAL PROPERTY
Katharina de la Durantaye
Ronald B. Hildreth
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CORPORATE FINANCE (BUSINESS AND FINANCE LAW - 2010)
3 credits
This course consists of a detailed study of legal, business, economic, corporate and accounting aspects of valuation of the firm and of securities, capital structure, issuance and reacquisition of various types of securities (including new financial instruments and financing techniques), dividend policy, interplay with financial markets, the use and legal regulation of commodity and financial futures, options and markets (subject to time), and related issues in contemporary corporate finance. The course culminates in a study of similar aspects and techniques of mergers and acquisitions. Grades are based upon a final examination.
Prerequisite: BUSINESS ORGANIZATIONS
William D. Harrington
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CORPORATE GOVERNANCE SEMINAR (BUSINESS AND FINANCE LAW - 2060)
2 credits
This seminar is designed to allow students an opportunity to explore corporate law-related topics of their choosing in depth. The course will initially be spent introducing and studying selected topics in corporate law not covered in the basic Business Organizations classes. The topics covered will include: Theories of the Corporation, including Classical, Contractarian and Social Responsibility Theories; The Role of Corporations in Society; The Concept of Limited Liability; Fiduciary Duties of Officers and Directors, including the cases of Mergers and Acquisitions; Dividend and Voting Conflicts with Shareholders and Self-Interested Transactions; The Changing Role and Rights of Debt; Proxy Rule Reform; The Corporate Governance Movement; Institutional Investors; the A.L.I. Corporate Governance Project; the Role and Duties of Corporate Attorneys; and others. The class will be conducted as a seminar in which students will present, defend and receive comments from their fellow students on their papers. This course is intended to complement but not to overlap the separate electives in Corporate Finance and Securities Regulation.
Prerequisite: BUSINESS ORGANIZATIONS
Michael A. Perino
Cheryl L. Wade
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COUNSELING IN THE GLOBAL COMM. (INTERNAT'L AND COMPARATIVE LAW - 3000)
2 credits
This class will examine the various issues faced by recently admitted attorneys working in a law firm, governmental or corporate setting, when representing clients whose interests engage the global economy. Students will be expected to master doctrinal issues arising from specific corporate transactions, government to government agreements and U.S. statutory and decisional law. Among the legal topics underlying the specific cross-border matter will be the domestic consequences of the different approaches in the U.S. and the E.U. concerning the attorney-client privilege; in personam jurisdiction; data privacy legislation; discovery; corporate separateness and the scope of legal liability in a corporate group setting; and the domestic application of foreign law. Students will also consider a variety of topics that affect the work of lawyers, including how cultural differences affect business negotiations, how cross-border deals are structured in order to achieve business goals, and how workflow is managed in a complex business transaction. Course enrollment is limited to 12. Grades will be based on three written assignments and on class participation.
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COURT AND CASE MANAGEMENT (STATE AND FEDERAL PRACTICE - 1040)
2 credits
A study of the theory and practice of the systems and sources of authority for the management of courts. The course will examine the distribution of governmental power and will include a comparative analysis of different forums engaged in dispute resolution and of their regulatory responsibility and systems operations. While the focus will be the state judiciary, it will be situated in the larger judicial context. Grades are based upon class participation and on a research paper of publishable quality.
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CREDITORS' RIGHTS (BANKRUPTCY LAW - 1000)
3 credits
This course deals with proceedings to enforce judgments, problems with respect of fraudulent conveyances, alternatives to bankruptcy, and a complete analysis of the Bankruptcy Code. Grades are based upon a final examination.
John P. Hennigan
John P. McNicholas
George R. Warner
Robert M. Zinman
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CRIM. JUSTICE EXTERN PLACEMENT (ADVOCACY AND LEGAL SKILLS - 3030)
2 credits
Students work 140 hours in pre-approved criminal externship placements under the guidance of carefully selected mentor-attorneys. It is expected that students will be integrated into all aspects of the legal setting so that students will assist their mentor-attorneys in their day-to-day legal activities as well as receiving research, writing or other legal assignments. Some placements may include an opportunity for students to appear in court, interview clients, or interact with opposing counsel, while others may be more observational in nature. Criminal clinical placements are with prosecutor and defender offices in the counties and boroughs near St. John's Law School and occasionally with pre-approved private practitioners who take assigned counsel cases. The course is graded on a pass-fail basis. This course must be taken in conjunction with the Criminal Clinical Externship Seminar.
Corequisite: CRIM. JUSTICE EXTERNSHIP SEM.
Victoria L Brown-Douglas
Keri K. Gould
Scott Occhiogrosso
Joseph Sieger
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CRIM. JUSTICE EXTERNSHIP SEM. (ADVOCACY AND LEGAL SKILLS - 3020)
2 credits
The Criminal Clinical Externship Seminar seeks to promote self-directed learning in students through appropriate goal-setting and the critical reflection on how the criminal justice systems function (how the law, procedures, practice and fact patterns interrelate), give students an understanding of the roles of prosecutors and defense attorneys within the systems, and orient students to recognize and begin to learn the skills prosecutors and defense attorneys must acquire. Students must complete weekly short written assignments based upon relevant readings and externship observations and experiences, a collaborative student presentation, accurate timesheets, and a lawyering skills simulation. The seminar uses an interactive classroom format where students share insights gained through their externship observations and experiences. Grades are based upon class participation, weekly written assignments, and a final student presentation. This course must be taken in conjunction with the Criminal Clinical Externship Placement.
Corequisite: CRIM. JUSTICE EXTERN PLACEMENT
Victoria L Brown-Douglas
Keri K. Gould
Scott Occhiogrosso
Joseph Sieger
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CRIMINAL LAW (CRIMINAL LAW - 1010)
3 credits
An introductory study of the law of crimes and the administration of criminal justice, including general principles of criminal liability and defenses. Topics considered include the criminal act and mental elements in crime, causation, mistake, excuse and justification defenses, the law of homicide and the inchoate offenses such as attempt and solicitation. These topics are examined under the common-law, the Model Penal Code and the New York Penal Law to give the student a historical as well as modern perspective on the criminal law and its objectives. Grades are based upon a final examination.
Charles S. Bobis
Elaine M. Chiu
Melinda S Molina
Michael A. Simons
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CRIMINAL PROCEDURE I (CRIMINAL LAW - 1050)
3 credits
This course studies federal constitutional and state law restrictions on police investigative practices. Specific topics include stops, arrests and other seizures; frisks and other searches; interrogations and confessions; and the operation of exclusionary rules. Grades are based upon a final examination.
Prerequisite: CRIMINAL LAW
John Q. Barrett
Charles S. Bobis
Patrick L. Mc Closkey
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CRIMINAL PROCEDURE II (CRIMINAL LAW - 1060)
2 credits
This course covers procedure from arraignment to trial, including bail, preliminary examination, grand jury procedure, immunity, discovery, motions to dismiss, double jeopardy, the right to confront witnesses, and guilty pleas. Cases are discussed under the New York Criminal Procedure Law and the Federal Rules of Criminal Procedure. Grades are based upon a final examination.
Prerequisite: CRIMINAL PROCEDURE I
Charles S. Bobis
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CRIT. PERS. ON LAWS OF INHERIT (TRUSTS AND ESTATES - 1060)
2 credits
This course will examine the U.S. system of inheritance and various proposals for its reform. Specifically, the course will analyze class-based, gender-based, and race-based critiques of inheritance law. The final grade will be based upon periodic short writing assignments and a final exam. Research papers can be written in lieu of the final exam only if the topic has been certified by the instructor and paper deadlines have been established. Those writing research papers will still be required to submit the periodic short writing assignments.