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RACE AND CORPORATE LAW SEMINAR (INDIVIDUAL RIGHTS - 2000)

2 credits

This seminar will focus on the intersection of issues relating to race, business, corporate law and corporate governance. Students will examine examples of race discrimination by corporations and explore corporate law and governance remedies that may ameliorate the effects of discrimination. The discussions and readings will be interdisciplinary. Students will consider law and economics, behavioral economics, critical race theory and other disciplines to explore discriminatory corporate cultures and racial under-representation within large publicly held companies. Part of the focus in this seminar will be on critical race theories such as the unconscious nature of racism, the phenomenon of legal storytelling, and the idea of race as social construct. Students will examine and apply race theory to corporate governance problems. Each student must complete a scholarly research paper of at least 20 pages, and present and defend that paper during one of the last three classes. The grade for the seminar will be based on class discussions, the paper, and the presentation and defense of the paper in class.

Prerequisite: BUSINESS ORGANIZATIONS
Cheryl L. Wade

REAL EST WRKOUTS & BANKRUP SEM (BANKRUPTCY LAW - 1010)

2 credits

This course will examine the consequences of real estate defaults, emphasizing the major current problems faced by real estate mortgagees, landlords, tenants and partners in default situations and mitigating drafting techniques that may be employed in the documentation stage. Among the areas covered will be: negotiating and drafting a workout agreement; lender liability; cramdown of bankruptcy plans including classification and "new value" issues; and effect of bankruptcy of a real estate partner. Grades are based upon a research paper and a final examination. Prerequisite for J.D. students: Creditors' Rights or Real Estate Transactions-Advanced.

Robert M. Zinman

REAL ESTATE TRANSACTIONS-ADV (PROPERTY - 1040)

2 credits

This course is designed to acquaint the student with current real estate concepts and trends, and treats such areas as institutional lending practices, governmental financing programs, the sale and leaseback, real estate investment trusts, syndications, air rights projects, and cooperatives and condominiums. The income tax ramifications of various legal arrangements are studied in conjunction with an analysis of the legal framework of the transaction. Grades are based upon a final examination.

Melvyn Mitzner
Robert M. Zinman

REFUGEE & IMMIG RTS CL SEM-PTI (ADVOCACY AND LEGAL SKILLS - 5000)

2 credits

The Refugee and Immigrant Rights Clinic is a two semester clinical program available to second and third year students. St. John's University School of Law is partnering with Catholic Charities, Department of Immigration and Refugee Services, to give students the opportunity to provide direct representation in, among other things, asylum cases, cases under the Violence Against Women Act, and The Victims of Trafficking and Violence Protection Act of 2000. Students provide representation from initial client contact through final resolution of the case. Students will interview clients, conduct full-scale fact investigations, perform legal research, develop a case theory that integrates the facts of the case and the relevant law, and provide representation at administrative hearings and court proceedings. Students will develop essential lawyering skills, substantive legal knowledge and professional essential lawyering skills, substantive legal knowledge and professional responsibility while representing clients. Casework will be supervised by adjunct professors, who are experienced immigration rights attorneys from Catholic Charities. Clinic students will enroll in the Refugee and Immigrant Rights Clinic (two credits) and in a seminar component (two credits). The seminar meets for two (2) hours at either the law school or Catholic Charities. The seminar will provide the opportunity for students to learn and develop essential lawyering skills required in client representation, learn substantive areas of immigration law, and participate in roundtable discussions. Lawyering skills classes will include discussion of interviewing, cross- cultural lawyering, case theory and strategy, fact investigation, use of an preparation of experts, and direct and cross-examination. At roundtable discussions, students will present a client's case, identifying a particular complex legal, factual or strategy issue for discussion by the group. This two-semester course will maximize each student's opportunity to see a case from start to finish. Students will spend thirteen (13) hours a week working on cases at the Catholic Charities Office, or in the field investigating a case or appearing at an administrative or court proceeding. Students will receive four (4) credits per semester, 2 pass-fail credits for the clinic component and 2 letter-graded credits for the seminar component. Students will be chosen based upon an interview with the professors.

Corequisite: REFUGEE & IMMIG RTS CL PLA-PTI
Ann L. Goldweber
Charles M. Russell
Janice D. Villiers

REFUGEE& IMMIG RTS CL SEM-PTII (ADVOCACY AND LEGAL SKILLS - 5020)

2 credits

The Refugee and Immigrant Rights Clinic is a two semester clinical program available to second and third year students. St. John's University School of Law is partnering with Catholic Charities, Department of Immigration and Refugee Services, to give students the opportunity to provide direct representation to immigrants, refugees and asylees. Students will provide representation in, among other things, asylum cases, cases under the Violence Against Women Act, and The Victims of Trafficking and Violence Protection Act of 2000. Students provide representation from initial client contact through final resolution of the case. Students will interview clients, conduct full-scale fact investigations, perform legal research, develop a case theory that integrates the facts of the case and the relevant law, and provide representation at administrative hearings and court proceedings. Students will develop essential lawyering skills, substantive legal knowledge and professional responsibility while representing clients. Casework will be supervised by adjunct professors, who are experienced immigration rights attorneys from Catholic Charities. Clinic students will enroll in the Immigration Rights Clinic (two credits) and in a seminar component (two credits). The seminar meets for two (2) hours at either the law school or Catholic Charities. The seminar will provide the opportunity for students to learn and develop essential lawyering skills required in client representation, learn substantive areas of immigration law, and participate in roundtable discussions. Lawyering skills classes will include discussions of interviewing, cross-cultural lawyering, case theory and strategy, fact investigation, use of and preparation of experts, and direct and cross- examination. At roundtable discussions, students will present a client's case, identifying a particular complex legal, factual or strategy issue for discussion by the group. This two-semester course will maximize each student's opportunity to see a case from start to finish. Students will spend thirteen (13) hours a week working on cases at the Catholic Charities Office, or in the field investigating a case or appearing at an administrative or court proceeding. Students will receive four (4) credits per semester, 2 pass-fail credits for the clinic component and 2 letter-graded credits for the seminar component. Students will by chosen based on an interview with the professors.

Corequisite: REFUGEE& IMMIG RTS CL PLA-PTII
Ann L. Goldweber
Charles M. Russell
Janice D. Villiers

REGULATED INDUSTRIES (BUSINESS AND FINANCE LAW - 3030)

2 credits

In this course, students study the theory of governmental regulation of public utility industries, focusing on the telephone industry. The course will concentrate on the constitutional, antitrust, and public policy rationales underlying such regulation. Specifically, the students will student the legal and public policy issues present in (1) the entry of new competition to a market; (2) the AT&T divestiture; (3) ratemaking; (4) the convergence of technologies between telephone, Internet and cable; and (5) universal service. Grades are based upon a research paper and class presentation.

Leonard M. Baynes

REMEDIES FOR UNJUST ENRICHMENT (STATE AND FEDERAL PRACTICE - 3000)

2 credits

This course, otherwise known as Restitution, covers both substantive and remedial matters. Substantively, the course rounds out the field of primary legal obligations left untreated by contracts and torts, i.e., obligations imposed by law to prevent unjust enrichment as opposed to the capture of anticipated gains (contracts) or reparation for injury (torts). On the remedial side, there is discussion of the legal and equitable remedies for unjust enrichment such as quasi-contract, constructive trust, subrogation, accounting of profits, equitable lien, and tracing of assets through exchanges. The course covers in particular detail the effect of fraud and mistake on the formation, integration, and performance of written transactions, both contractual and donative; inter vivos and testamentary. The existence and scope of remedies for benefits conferred in reliance on non-existent, unenforceable, illegal and breached contracts are also treated as are the defenses to restitutionary relief such as bona fide purchase, change of position, unclean hands, lapse of time, election of remedies and restoration to defendant of gains received. Grades are based upon a final examination.

REPRESENT CLIENTS IN MEDIATION (ADVOCACY AND LEGAL SKILLS - 6060)

2 credits

This intensive, interactive course first introduces students to an overview of mediation theories and practices, and then develops a coherent approach and the essential skills for effective client representation in mediation. The course will examine attorney responsibilities in advising clients about dispute resolution options, in preparing both the case and the client for mediation, in representing clients in the mediation session itself, and in drafting ADR clauses. The course will culminate in the students participating in a mock mediation. Students' final grade will be based on their demonstrated mastery of course material, judged by both required written submissions, quality of mediation representation skills demonstrated in the final mock mediation, and quality of seminar participation. Students are encouraged to take Alternative Dispute Resolution either prior to or concurrently with this course.

Elayne E. Greenberg

RESOLVING INT'L CIVIL DISPUTES (ADVOCACY AND LEGAL SKILLS - 7090)

2 credits

In an increasingly globalizing world, practicing attorneys must be skilled in how to resolve international civil disputes. How is the practice of international civil dispute resolution different from domestic practice? First, the students will be introduced to an overview of the competing systems available to resolve international civil disputes. Then students will have an opportunity to work on selected issues in international litigation and dispute resolution, such as evaluation of the benefits and risks of different approaches to dispute resolution, strategic planning (before and after disputes erupt), advocacy considerations, and cultural competence. Students will learn from a combination of lectures, simulations, field visits and drafting exercises. Lawyers engaged in international practice will be invited to selected class sessions. Rome will be used as a window to examine the dynamic challenges of international dispute resolution. The course grade will be based on the quality of classroom participation and a final examination.

Elayne E. Greenberg
Ettie Ward