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EDUCATION LAW SEMINAR (EDUCATION LAW - 1000)
2 credits
This seminar examines the interaction of courts, the legislature, and administrative agencies in setting educational policy and enforcing legal rights under federal and New York State Law. Emphasis is placed on the civil rights and civil liberties of students and teachers as well as on the limitations of legal institutions in solving complex social and educational problems. Areas to be explored include tenure, certification issues, employment and labor relations, academic freedom, church state issues, censorship, compulsory education, rights of disabled students, student discipline, discrimination and school finance reform. Students present their papers to the class. Grades are based upon class participation, a research paper and in-class presentation of the paper.
Mitchell H Rubinstein
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ELDER LAW CLINIC (ADVOCACY AND LEGAL SKILLS - 2010)
4 credits
The Elder Law Clinic is a one-semester in-house clinical program and is available to second and third-year students. The Clinic addresses the legal needs of Queens' senior citizens and affords students the opportunity to develop essential lawyering skills, practical legal knowledge and professional responsibility while serving the community. Students represent clients in the areas of consumer law (focusing on consumer frauds and scams, including predatory lending), debtor-creditor law and benefit entitlements, such as social security disability, supplemental security income, Medicaid and pension benefits. Clinical Professors supervise students in all aspects of client representation. Students provide representation from the initial client contact through the final resolution of their case. Accordingly, students perform client and witness interviews; perform legal research; draft all pleadings including complaints, answers, motions and briefs; conduct discovery proceedings, including depositions; argue motions; represent clients at administrative hearings and at court hearings and trials; and represent clients at settlement negotiations and draft settlement agreements. Students are required to work in the Clinic 13 hours a week (20 hours a week during summer program). There is also a weekly 2-hour seminar component.
Gina M. Calabrese
Ann L. Goldweber
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ELECTION LAW & POLITICAL PART. (INDIVIDUAL RIGHTS - 2030)
3 credits
This course will explore the regulation of the right to vote and other aspects of political participation through an examination of case law and specific constitutional and statutory frameworks. The goal of the course is to engage students in a critical analysis of the legal framework and social and political landscape that underpin political participation in the United States. In particular, the course will explore the legal history of the franchise, legal and practical limitations on its current use, the role of race in the electoral process, and the ways in which voting and the regulation of political participation affect the balance of power in America. The course will dissect major Supreme Court cases on topics of voting rights, reapportionment/redistricting, ballot access, regulation of political parties, and the 2000 presidential election controversy, and campaign finance. In addition, the course will cover key voting rights legislation, such as the Voting Rights Act of 1965, et seq., the National Voter Registration Act of 1993, and the 2002 Help American Vote Act. Grades will be based on a final examination, an in-class presentation, and in-class participation.
Prerequisite or Corequisite: CONSTITUTIONAL LAW II
Janai S Nelson
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EMPLOYMENT DISCRIMINATION (LABOR AND EMPLOYMENT LAW - 1020)
3 credits
This course studies the federal, state, and local laws and executive orders prohibiting employment discrimination with focus on problems of proof, and remedies for violation. Grades are based upon an examination.
David L. Gregory
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EMPLOYMENT LAW (LABOR AND EMPLOYMENT LAW - 1010)
3 credits
This course concentrates on employment-related rights and benefits not covered in the basic and advanced labor law courses. Areas of analysis include state and federal statutory schemes for disabling injuries and diseases (Workers Compensation and Social Security Disability Benefits), workers safety and heath (OSHA), and pensions (ERISA and Social Security Retirement Benefits). Employment-at-will is also explored. The coordinating themes throughout the course are the historical and the theoretical bases for employment-related social legislation and an ongoing inquiry into the fundamental nature of employment itself. Grades are based upon a final examination.
David L. Gregory
Lawrence M. Joseph
Gary Minda
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ENRON, ETHICS & BANKRUPTCY (BANKRUPTCY LAW - 4020)
1 credits
The case study approach will be used to investigate the high profile corporate scandals that have caused so many recent large bankruptcies. Using the Enron fiasco as its focus, the course will examine the causes and consequences of Enron's failure from business, financial, legal and ethical perspectives. Students will be required to select a topic and prepare a paper related to the implications of corporate scandal. Class participation is required and may be factored into the final grade.
Nancy B. Rapoport
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ENTERTAINMENT LAW (INTELLECTUAL PROPERTY - 1020)
2 credits
This course will explore the protection and exploitation of generally intangible literary, musical and artistic property through a thorough analysis of the legal framework of the entertainment industries. Using basic doctrines of contract, copyright and labor law, the course will show how an entertainment concept is developed, copied, distributed and protected from unauthorized duplication. Antitrust, tax and other commercial questions will be treated. Sample agreements will be analyzed. Grades are based upon a research paper.
Joseph P. Salvo
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ENVIR REG OF TOXIC & HAZ SUBST (ENVIRONMENTAL LAW - 1010)
2 credits
This course surveys the federal and state statutory systems concerning toxic substances. Topics will include hazardous waste transportation and management; the Superfund statute and its implementation, including real estate issues, lender and successor liability, bankruptcy and insurance implications; corporate transactions and planning, environmental auditing and confidentiality in the regulatory process; reporting, inventory and notice statutes; international trade agreements and waste export regulation; agreements and waste export regulation; nuisance law, waste quantitative risk assessment; and regulation of oil, pesticides and toxic chemicals. Grades are based upon a final examination.
G. S. Peter Bergen
Mary L. Lyndon
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ENVIRONMENTAL EXTERN PLACEMENT (ADVOCACY AND LEGAL SKILLS - 4060)
2 credits
Students work 140 hours in pre-approved environmental law 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. This course is graded on a pass-fail basis. This course must be taken in conjunction with the Environmental Law Clinical Externship Seminar.
Corequisite: ENVIRONMENTAL EXTERNSHIP SEM.
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ENVIRONMENTAL EXTERNSHIP SEM. (ADVOCACY AND LEGAL SKILLS - 4050)
2 credits
The Environmental Law Clinical Externship Seminar explores substantive environmental law issues and the practice of environmental law within the context of an externship experience. 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 and the critical reflection on environmental lawyering skills. 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 Environmental Law Clinical Externship Placement.
Corequisite: ENVIRONMENTAL EXTERN PLACEMENT
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ENVIRONMENTAL LAW (ENVIRONMENTAL LAW - 1000)
3 credits
This course covers the effective legal responses to current environmental problems, including air and water quality, noise, toxic substances, solid and hazardous waste and nuclear hazards. It also focuses on environmental considerations in the use of land, protection of parks, wetlands and historic buildings, and energy conservation in electricity, heating and transportation. Common law, administrative and statutory remedies, federal and state, are discussed. Grades are based upon a final examination.
Prerequisite or Corequisite: CONSTITUTIONAL LAW I
Mary L. Lyndon
Julie E. Steiner
Elaine Gail Suchman
Philip Weinberg
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ESTATE ADMIN - LITIGATION (TRUSTS AND ESTATES - 1020)
2 credits
This course examines litigation in complex will contests (with or without juries); will construction litigation; settlement negotiations; proper procedures in probate, tax, and estate accounting; the handling of charitable and other dispositions in trusts; the approach to appellate practice in estates, trusts, and related matters. Grades are based upon a research paper.
Prerequisite or Corequisite: TRUSTS AND ESTATES
C. Raymond Radigan
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ESTATE ADMINISTRATION (TRUSTS AND ESTATES - 1010)
2 credits
This course is intended to give the student a practical knowledge of the Surrogate's Court Procedure Act and such related statutes as affect recurring problems in the administration of decedents' estates, with specific reference to the probate of wills, the issuance of letters testamentary, letters of administration and letters of temporary administration, collection of estate assets, payment of expenses and debts, general investment power of fiduciaries, allocation of trust funds between trust principal and trust income, apportionment of estate taxes, compensation of fiduciaries and attorneys, and ultimate distribution and accounting. The object of the course is to provide the fundamental working knowledge prerequisite to the legal representation of estate fiduciaries. Grades are based upon a final examination.
Prerequisite or Corequisite: TRUSTS AND ESTATES
C. Raymond Radigan
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ESTATE PLANNING (TRUSTS AND ESTATES - 1030)
2 credits
This course uses assigned problems to explore tax and other factors to be considered in intervivos and testamentary dispositions to transfer accumulated wealth, including traditional assets and non-testamentary assets such as employee benefits and insurance. Federal estate and gift tax law, some elder law and the substantive law of trusts and estates are integrated into the syllabus. Grades are based upon a final examination.
Prerequisite or Corequisite: TRUSTS AND ESTATES
C. Raymond Radigan
Barbara J. Scheiner
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EVIDENCE (STATE AND FEDERAL PRACTICE - 2090)
4 credits
This course studies the rules of evidence that govern judicial proceedings in federal and state courts. Subjects covered include relevance, real and demonstrative evidence, judicial notice, burdens of proof, presumptions, competency of witnesses, examination of witnesses, character evidence and related problems, the hearsay rule and its exceptions, opinion evidence, expert witnesses, foundation and authentication, the best evidence rule, and privileges. Grades are based upon a final examination.
Vincent C. Alexander
Richard T. Farrell
David P. Horowitz
Paul F. Kirgis
Thomas F. Shea
Michael A. Simons
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EVIDENCE: FORENSIC DNA (STATE AND FEDERAL PRACTICE - 3040)
2 credits
This course is designed to provide students with the fundamental knowledge necessary to handle cases in which forensic DNA evidence is in issue. The course will familiarize the student with the various terms associated with forensic DNA analysis. The program addresses the legal principles controlling the proper evaluation and presentation of DNA evidence, and the scientific and statistical principles underlying forensic DNA analysis. It examines basic principles of biology, population genetics, and statistics as they apply to forensic DNA analysis, as well as specific evidentiary foundations and techniques for presenting DNA evidence in a trial. It also examines legal challenges to the underlying scientific principles and statistical analysis of DNA evidence, together with legal strategies to effectively address these challenges. Enrollment is limited to twenty students. The student's grade will be based upon a final exam and class participation.
Robert P. Biancavilla