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LABOR & EMPLOYMENT ARBITRATION (LABOR AND EMPLOYMENT LAW - 1050)
2 credits
This course focuses primarily on labor arbitration under collective bargaining agreements, but will also cover arbitration in non-unionized employment settings and arbitration as an alternative to employment discrimination litigation. The course will be roughly divided into three main segments: the legal framework for labor arbitration (and other forms of employment-related arbitration), the procedural and substantive issues in labor arbitration, and the development of effective arbitration advocacy skills. Students will be expected to complete a number of written assignments throughout the semester, including written analysis of diverse grievance provisions and arbitration clauses, and the writing of an arbitration opinion and award. In addition, the students will be expected to prepare, research and participate in a mock arbitration, possibly before outside arbitrators. The professor plans to divide the class into teams with each team having no more than three members. Depending upon the number of students in the class, there may be more than one mock arbitration. Each student will be required to write a final brief. Grades are based upon the interim written assignments, class participation, including performance in a mock arbitration, and the final brief.
Prerequisite: LABOR LAW OR EMPLOYMENT LAW OR EMPLOYMENT DISCRIMINATION
Dennis A Lalli
Pearl Zuchlewski
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LABOR LAW (LABOR AND EMPLOYMENT LAW - 1040)
3 credits
The National Labor Relations Act is emphasized throughout the course. Consideration is given to day-to-day issues in labor-management relations. Union representation, unfair labor practice proceedings, collective bargaining, grievance negotiations and labor arbitration are studied in depth. Grades are based upon a final examination.
David L. Gregory
Mitchell H Rubinstein
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LABOR LAW - ADVANCED (LABOR AND EMPLOYMENT LAW - 1030)
2 credits
This course will examine more sophisticated material not covered in the basic labor law course, including secondary boycotts, union-community coalitions, federalism and the labor preemption doctrine, and internal union governance. The study of international and comparative labor law developments will be supplemented by public policy considerations of social justice. Grades are based upon the individual student's choice of either a single research paper or a series of shorter memos on specific issues.
Prerequisite: LABOR LAW
David L. Gregory
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LAND USE PLANNING (PROPERTY - 1010)
3 credits
This course provides an analysis of the legal and administrative aspects of land use control, and of the problems and techniques of urban planning. The course includes a study of building codes, zoning, subdivision, public acquisition of land tax controls and urban redevelopment. Grades are based upon a research paper of law review quality on a topic approved by the faculty member conducting the seminar.
Patrick J. Rohan
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LATINOS/AS AND THE LAW (INDIVIDUAL RIGHTS - 2050)
2 credits
This course will explore legal issues of particular relevance to Latino/as in the United States through an examination of case law and applicable 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 the Latino/a experience in the United States. In particular, the course will dissect major court decisions and statutory law on the topics of education, language rights, and immigration. Course enrollment is limited to 20. Grades will be cumulatively determined based upon class participation, three short response papers and a research paper.
Melinda S Molina
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LAW & INTL DEV-BNKRPTCY & SEC (BANKRUPTCY LAW - 5000)
1 credits
The use of secured transactions and bankruptcy laws to facilitate private transactions and transparent and efficient treatment of distressed or failed companies has long been understood as a cornerstone of domestic financial laws. The use of these types of laws in the global private (as opposed to public) context is less understood. This course will focus on the use of law and law reform to facilitate development; specifically, international and bi- lateral initiatives to measure the quality of laws and to provide assistance to countries in developing sound legal systems. The course will look at issues relating to access to credit for entrepreneurs, the relationship between legal system typologies and the availability of finance, the role of bankruptcy and insolvency laws in financial crises. The course will also examine the use, efficacy and political economy of other international and bi-lateral agencies. Prerequisite for J.D. students: At least one of the following: Creditors' Rights, Secured Transactions, International Law or International Business Transactions.
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LAW & LITERATURE (THEORY,HIST.& STRUCTURE OF LAW - 1040)
2 credits
Students in this course will read works of literature by such authors as Aeschylus, William Shakespeare, Toni Morrison, William Faulkner, Charlotte Brontë and Virginia Woolf to study various topics including the moral and ethical dimensions of law, law's connection to the fate of individuals, and the connections among law, authority and humanity, using principles of traditional, modern and post-modern literary criticism. Short weekly nongraded responses are required. Grades are based upon attendance, participation in class discussions, and either three short papers or one long research paper.
Elyse Pepper
Margaret V. Turano
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LAW & POL HEALTH CARE DEL SYS (HEALTH LAW - 1000)
2 credits
This course will examine the legal structure of health care delivery in the United States and how it affects the issue of access to quality health care. The course will be divided into two components: 1) introduction to the basics of health care delivery and financing, and 2) the legal ethics of rationing access. Because the course will focus upon the legal issues connected to constraints on access to health care, in addition to serving as an introduction to Health Law, the course will also address the current legal debates concerning the demands on health care of the elderly. Grades are based upon a research paper.
Alan David Scheinkman
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LAW & REL SEM:INTL & COMP PERS (CONSTITUTIONAL LAW - 1090)
3 credits
This seminar will explore the ways in which different legal systems, including the international human rights regime, accommodate the sometimes competing demands of law and religion. After an introduction to the theoretical underpinnings and history of the subject, the course will address two main areas: free exercise of religion (e.g., religious exemptions, proselytism, and religious discrimination) and the separation of state and religion (e.g., religious establishments, the autonomy of religious associations, and public funding). Throughout, we will compare how Western and non-Western countries address these questions and consider the effect of international human- rights norms. Grades will be based on a final paper (65%), an in-class presentation (15%), and class participation (20%).
Prerequisite: CONSTITUTIONAL LAW I AND CONSTITUTIONAL LAW II
Mark L. Movsesian
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LAW AND ECONOMICS (THEORY,HIST.& STRUCTURE OF LAW - 1050)
2 credits
This course is designed to introduce the student to important economic concepts that have wide applicability to law, including efficiency, cost/benefit analysis, risk analysis and externalities. The course will focus on the application of these concepts to problems in property, torts, contracts, antitrust and class actions. Prior knowledge of economics is neither presumed nor a prerequisite. Grades are based upon a final examination.
Gary Minda
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LAW AND RELIGION SEMINAR (CONSTITUTIONAL LAW - 1070)
2 credits
This seminar will examine the interaction of law and religion in American society-in particular, it explores how the Establishment and Free Exercise Clauses impact a range of public and private aspects of modern life. It will trace the historical roots of the American approach to religious liberty, and will explore not just how law accommodates religion, but how particular religious traditions approach the law. The bulk of the course will focus on the interaction of law and religion in particular areas, including sacred duties (such as proselytizing and observing the Sabbath), education, social services, politics, and sexual morals. Grades are based on weekly class participation (10 points), playing a lead role in one class discussion (5 points), a research paper of substantial scholarly merit, minimum 20 pages in length excluding notes (75 points), and a class presentation on the paper (10 points).
Prerequisite: CONSTITUTIONAL LAW I AND CONSTITUTIONAL LAW II
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LAW OF THE EUROPEAN UNION (INTERNAT'L AND COMPARATIVE LAW - 1090)
3 credits
This course provides an introduction to the law and institutions of the European Union. Emphasis is placed on understanding the process of European Union Law in its political and cultural context and aspects of public and private law, as well as addressing the major legal issues which European Law presents to the United States lawyer. The course will consider the following topics: European Union institutional structure and legal system, sources of European Union law, the treaty system as European constitution, role of the European Court of Justice, separation of powers, relationship between European Union and national legal orders, individuals' rights, free movement of goods, persons, services and capital, economic and monetary union, agricultural policy and its reform, competition law, labor law and social policy, environmental law, sex equality law, company law, and European Union international trade relations. Grades are based upon a final examination.
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LAW THROUGH FILM (THEORY,HIST.& STRUCTURE OF LAW - 1070)
2 credits
Film has the power to stimulate debate. This seminar affords an opportunity to explore jurisprudential issues and value systems through a critical examination of the narrative, historical context, and cinematic technique of films. Thus, this seminar explicitly challenges settled assumptions about law and justice. The films and accompanying reading assignments concentrate on three over- lapping themes: defining community, apportioning fault, and distributing justice. In particular, the course highlights the lawyer's role as an "insider" with respect to these concerns, and evaluates the benefits and obligations conferred by that status. Because of the need for in-class screenings, each class period will be 3-1/2 hours. Grades are based on two short papers, a research paper, presentation of the paper, and participation in class discussion.
Elyse Pepper
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LAW&ANTHROPOLOGY:SELECT TOPICS (THEORY,HIST.& STRUCTURE OF LAW - 1090)
2 credits
The seminar for law students will provide an introduction and exploration of the field of legal anthropology. The seminar focuses on the relationship between culture and law. It will consider the different ways humans construct and use law: for purposes of disputing, as a mechanism for centralizing power, as an idiom of social relations, as an expression of ideology. It will explore anthropological theories of the nature of law and disputes, and it will examine related legal structures in non-western societies and the particular characteristics of the American legal structure. Theoretical perspectives will include the thought of Weber, Gramsci, Foucault and Bourdieu. Anthropological and legal scholars will include Nader, Bisharat, Matteiu and Moore. The course is structured around the topic areas creating the central tensions in the field of study. The students will be required to consider the various theoretical and methodological perspectives that shape the academic inquiry. The students will be encouraged to explore a particular area of tension in the field on which they will write a term paper. The course materials and course progress is intended to develop student abilities to engage in independent research and writing. Grades are based upon a research paper and class participation.
Linda Elizabeth Coco
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LEGAL ANALYSIS & WRITING (LEGAL RESEARCH AND WRITING - 1030)
2 credits
The first course in a two-semester sequence, this course introduces students to legal writing and analysis. Grades are based primarily on the preparation of a closed-universe memorandum of law and a re-write of the memorandum. The course also includes an introduction to legal ethics.
Robin A. Boyle Laisure
Lawrence H. Cunningham
Francis J. Facciolo
Patricia M. Montana
Guy P. Novo
Elyse Pepper
Robert A. Ruescher
Linda Murray Ryan
Jane E. Scott
Julie E. Steiner
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LEGAL HISTORY (THEORY,HIST.& STRUCTURE OF LAW - 1020)
2 credits
This course presents an historical survey of Anglo-American legal institutions, commencing with the Anglo-Saxon period, continuing with the effect of the Norman conquest on the administration of justice then leading into the development of the American legal system. Topics included are: the forms of action, the jury and pleading, the legal profession and the court system, the role of law and equity, the development of constitutional guarantees culminating in the federal bill of rights, an overview of the legal developments in America during the formative period, the codification of American law, the democratization of the judiciary and the legal profession and legislative reform. Grades are based upon a research paper.
John Q. Barrett
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LEGAL MEDICINE (HEALTH LAW - 1020)
2 credits
This course includes a survey of the more common types of medical problems likely to be encountered in the practice of law. The role of expert medical testimony is considered in relation to tort cases, will contests, and criminal proceedings. The growing fields of workers compensation, disability benefits and industrial medicine are also discussed. Grades are based upon a final examination.
Daniel E. Kramer
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LEGAL PROCESS, THE (THEORY,HIST.& STRUCTURE OF LAW - 1030)
2 credits
The judicial and administrative processes are compared with the legislative through a series of cases and problems. The object is to gain insight into the strengths and weaknesses of each mode of legal ordering and the ways in which each supplements the other. Formation of legislative policy, legislative procedures, techniques of statutory drafting, and the investigative function are also studied. Considerable emphasis is given to the problems of statutory interpretation by courts. Grades are based upon a research paper in Prof. Joseph's section and a final examination in Prof. Kniffin's section.
Lawrence M. Joseph
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LEGAL RESEARCH - ADVANCED (ADVOCACY AND LEGAL SKILLS - 1040)
2 credits
In first-year Legal Research and Writing, students were introduced to core research materials such as digests, reporters, annotated codes, Shepard's, and various sources of secondary authority. In this course, students will learn how to use these materials more efficiently to research complex legal questions, and be introduced to sophisticated research materials such as loose-leaf services, federal and state administrative materials, specialized reporters, practice and procedure materials, legislative histories, and materials unique to particular practice areas such as tax, securities, banking and international law. At least one unit will be devoted to non-legal research and one to special New York materials. An emphasis will be placed on improving students' Westlaw and Lexis skills, integrating manual with on-line research, and comparing the effectiveness of manual and on-line research in various contexts. Grades are based upon periodic assignments and a research paper. N.B. Students who take this course are not permitted to take Advanced Legal Research and Writing.
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LEGAL WRITING - ADVANCED (ADVOCACY AND LEGAL SKILLS - 4090)
2 credits
This course is intended to develop students' ability to write clear, concise, well organized legal prose, to closely read and cull relevant information from source materials (such as case files), and to evaluate and edit their own and others' writing. In addition to required readings, there are numerous writing assignments: weekly ones of about two pages, plus a midterm of about six pages and final of about twelve. Weekly assignments cover a variety of legal documents, including pleadings, contract provisions, office memoranda, briefs, and law review articles. Typically, both the midterm and final assignments are memos from an associate to a partner assessing the strengths and weaknesses of a case based on a review of the file in a civil or criminal matter. The final grade is based on class participation, the written weekly assignments, the midterm assignment, and the final assignment. Graded assignments are judged by various criteria, including clarity of thought, word usage, sentence structure, organization, conciseness, spelling, punctuation and style.
Robert A. Ruescher
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LEGAL WRITING SEMINAR (ADVOCACY AND LEGAL SKILLS - 2050)
3 credits
This course is designed to expose students to the various types of Legal Writing and Legal Drafting encountered in law practice. Students will negotiate and draft various types of contracts and will receive intensified instruction in the researching and written discussion of complex legal issues. Students will also receive instruction on preparation of litigation papers and written advocacy. There will be approximately eight written assignments, but no term paper or final examination. N.B.: Students who take this course are not permitted to take the two-credit Drafting Legal Instruments.
Robin A. Boyle Laisure
Nicholas R. Weiskopf
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LEGISLATION (ADMINISTRATIVE LAW & GOV'T REG - 1060)
3 credits
This course explores the legislative process, including problems of representation and deliberation, and the proper separation-of-powers role of the judiciary in interpreting statutes enacted through that process. Topics covered will include: political theories or representation and their implications for one-person-one-vote; racial and political gerrymandering; eligibility to serve in the legislature; term limits; ballot access provisions; campaign finance reforms; bribery and conflicts of interest; lobbying regulations; state and federal item vetoes; the federal budget process; the Unfunded Mandates Reform Act; direct democracy; statutory precedents and retroactivity; theories of statutory interpretation; advanced doctrine and substantive canons of statutory interpretation; interpretation of agency regulations. Grades will be based on class participation and a final examination.
Anita S. Krishnakumar
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LEGISLATIVE ADVOCACY (ADVOCACY AND LEGAL SKILLS - 2020)
2 credits
The focus of this course is on the legislative process as a vehicle to address public needs. A significant current problem is assigned for the formulation of state or federal legislative proposals. Students research and analyze the scope and nature of the problem, the current legislative response, as well as common law protections, and the deficiencies in existing law. Students then draft a bill eliminating some of the deficiencies in existing law. A legislative memorandum is prepared by each student. This will be prepared in segments over the course of the semester. The legislative memorandum which is being prepared by each student will be similar in length to a research paper. Grades are based upon students' drafts of segments of the legislative memorandum and the final, revised legislative memorandum.
Vincent M. DiLorenzo
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LEGL ANALYSIS,WRITING&RESEARCH (LEGAL RESEARCH AND WRITING - 1010)
2 credits
The second course in a two-semester sequence, this course provides students with a comprehensive introduction to manual and electronic legal research and further develops their writing and analytical skills, focusing primarily on persuasive legal writing. The course also introduces a variety of other essential lawyering skills, including client interviewing, negotiation, and oral advocacy. Students will prepare various legal documents, including an appellate brief. Oral arguments are conducted at the conclusion of the course. Grades are based primarily on papers and oral argument.
Robin A. Boyle Laisure
Lawrence H. Cunningham
Francis J. Facciolo
Patricia M. Montana
Guy P. Novo
Elyse Pepper
Robert A. Ruescher
Linda Murray Ryan
Jane E. Scott
Julie E. Steiner
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LOCAL GOVERNMENT LAW (ADMINISTRATIVE LAW & GOV'T REG - 1030)
2 credits
This course represents a comprehensive study of the organization, structure, and functions of local units of government. The course covers state-local and federal-city relations; municipal financing; the municipal decision-making process and the related roles of the people, neighborhoods, officials, and courts; home rule, the scope and limits of municipal services and powers; the status and accountability of officers and employees; the use and ownership of public property; tort liability; and land-use regulation. Grades are based upon a research paper.
Prerequisite: CONSTITUTIONAL LAW I
Prerequisite or Corequisite: CONSTITUTIONAL LAW I
Rory Lancman
Kevin A. Reilly
Rosemary C. Salomone