Juris Doctor

• LAW JD 867: Health Law
  This class introduces the significant laws regulating the US health care sector, particularly the finance, organization and delivery of health care through our blended system of public & private insurance. Health law offers a privileged role to experts, particularly physicians, but simultaneously recognizes that health professionals and institutions are prone to decision making that generates enormous agency costs. These laws are generally responsible for the growth of health law as a recognized specialization in legal practice, while health care represents nearly one fifth of US economic activity. We also discuss health policy in the context of cost, quality and access, with some international comparisons. Some of the work in the class will be assigned in teams with class presentations. A final examination will be offered.
• LAW JD 868: Moot Court
  The second component of the First Year Research and Writing requirement is participation in the J. Newton Esdaile Appellate Moot Court Program in the spring semester. Students conduct research, draft a brief and present a case in oral argument before a panel of moot-court judges made up of faculty, lawyers and students.
• LAW JD 869: Immigration Detention Clinic (C)
  This clinical course will cover issues of detention in the immigration context, including federal detention standards and release from detention through bond and parole. The class will receive training in know your rights presentations and visit local detention facilities to provide intake and assistance to individuals in immigration custody. The class may also provide limited representation in bond proceedings before the immigration court. Prerequisite: Immigration Law (JD968) and Evidence (JD831). NOTE: This clinic satisfies the upper-class professional skills requirement.
• LAW JD 870: Patent Law
  The basic questions in patent law are: why should society permit the grant of an exclusive property right in information relating to an invention? Who should be given the right? What is the scope of the right? How should the right be enforced? What disclosure duties should be placed on the patent holder? We will concentrate on these legal issues without getting mired in discussions of the technical details of particular inventions. Students without a technical background are welcome and encouraged to enroll.
• LAW JD 871: Trusts, Wills & Basic Estate Planning
  Examination of the rules governing intestate and testate distribution of property including formal requirements governing execution, alteration and revocation of wills; requisite elements of express trusts and requirements for their creation; resulting trusts and constructive trusts; special rules relating to charitable trusts and spendthrift trusts; rules concerning construction of wills and trusts; and general rules governing administration of decedents' estates and trusts.
• LAW JD 872: Financial Reporting for Lawyers
  Understanding financial statements and reports. The objective of the course is that students will be able to read and understand the four financial statements and the 10-k annual report. Emphasis is placed on understanding the nature and meaning of the reports, as well as the relationship to the underlying transactions. Other topics include: basic accounting principles, US GAAP versus IFRS, financial statement analysis, the relationship of the financial statement information to covenant documents, and accounting gamesmanship. RESTRICTION: Not open to students who have had more than one three-hour college course, or its equivalent, in accounting.
• LAW JD 873: Civil Procedure
  Examines the structure and function of civil procedure and the requirements of due process of law.
• LAW JD 874: Advanced Legal Writing and Editing Workshop (S)
  The purpose of this seminar is to provide students with the opportunity to improve their writing and communication skills. Students will prepare a variety of practice related documents based on a single fact pattern. Some legal research will be necessary, but the emphasis will be on writing, not on research. Students will also have the opportunity to edit other students' papers, with the goal of improving their own writing skills. Actors will perform a scenario for the class, from which students will extract the pertinent facts. From this fact pattern, students will draft an inter-office memo, an inter-office email, and a letter and email to a non-lawyer client. Students will edit each other's papers, meet with the instructors to review their drafts, and complete a second draft of many of their assignments. Students will also orally present their research to the instructor. Students will be graded on the basis of their written work, editing work on their classmate's papers and on their classroom performance. There will be no final exam. NOTES: This seminar does not satisfy the Upper-class Writing Requirement. This seminar satisfies the Upper-class Professional Skills Requirement. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
• LAW JD 876: Property
  Conceptual analysis and underlying policy considerations in basic property law.
• LAW JD 877: Civil Rights Litigation
  This course is about the enforcement of constitutional rights and other federal rights against government officials. The primary focus is on civil rights litigation in federal courts against state officials under the civil rights statutes passed in the wake of the civil war, including 42 U.S.C. §§ 1983, 1981, 1982 and 1985. Under these statutes will look at which rights give rise to civil rights action and, to a much smaller extent, the scope of those rights. The kinds of cases include police brutality, unlawful searches and seizures and discrimination in government jobs. The issues that arise include many statutory questions, such as identification of proper parties to 1983 actions, and judge-make defenses, such as official and state immunities from damages actions and injunctive suits. We will also look at federalism and eleventh amendment limitations on congressional power and federal court remedial power in 1983 actions, although coverage of these issues will not be as thorough as in Federal Courts. The standards for holding local governments liable for damages will also be examined. Our major foray into the substance of constitutional rights will be with regard to the role of state remedies and defendant's state of mind for fourteenth amendment procedural due process violations. We will also look at substantive constitutional rights such as police brutality, medical care for prisoners and detainees, high speed police chases and other similar areas. There will also be some coverage of remedies against federal officials directly under the constitution and remedies against private individuals for civil rights violations.
• LAW JD 878: THE COLOR LINE (S)
  This seminar traces the role of race and ethnicity in American law and social practice from the early colonial period to the present. Topics include the displacement and subordination of Native Americans; the development and national importance of chattel slavery; the military expansion of American territory into Mexico; the reception of disparaged immigrants such as the Irish, Chinese, Catholics and Jews; how America maintained racial subordination despite the abolition of slavery; the development of an overseas empire embodying the color line; and the color line's persisting legacy despite the recent development and enforcement of civil rights law. Seminar members will take turns initiating seminar discussion of the readings. A 4,000 word term paper will be required. Topics must be proposed and approved. A complete and polished draft of the paper will be submitted, and will be revised in light of comments received. ** A student who fails to attend the initial meeting of a seminar (designated by an (S) in the title), or to obtain permission to be absent from either the instructor or the Registrar, may be administratively dropped from the seminar. Students who are on a wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
• LAW JD 879: Advanced Legal Research
  In this class students will be exposed to how legal research functions in practice. The class will be structured like a legal workplace with students in the role of new attorneys completing research projects for senior attorneys. The research projects will be designed to highlight major legal research tools in both online and print formats. The projects will feature tasks like locating court documents, doing a legislative history, finding agency regulations and guidance, doing state specific research with practice series, researching an unfamiliar area of the law using secondary sources, as well as learning to use Lexis/Nexis, Westlaw and Bloomberg Law in a cost effective manner. The projects will require different output depending on the nature of the assignment from a short e-mail with the name of a case to a one-page memo highlighting recent developments in an area of law. The objective of the class is for students to become comfortable completing simple and complex research in a work setting. There will be several research projects throughout the semester and at least one oral exam. NOTE: This course does not satisfy the Upper-class Writing Requirement. NOTE: This course does not satisfy the Upper-class Writing Requirement. This course meets January 16 through April 3.
• LAW JD 880: European Union Law
  The course begins with the legal history of European integration and with an analysis of the institutional foundations of the European Union. Then classes focus on trade within Europe. Students learn about free trade and its many constraints in the Old Continent. This part of the course includes a unit on Competition Law. The course emphasizes the impact of trade and legal harmonization upon culture, human rights and social policies. The study of external relations of the Union follows, with particular attention to US-EU relations.
• LAW JD 881: Alternative Dispute Resolution
  One of a lawyer's primary tasks is to resolve disputes. Most controversies are never decided by a court but instead are settled by agreement. The ability to negotiate and mediate effectively is therefore crucial for litigators as well as lawyers practicing in other contexts. This course focuses on the processes of negotiation and mediation, and to a lesser degree on arbitration and dispute resolution design. It uses a mixture of discussion, short lectures, role-playing and video to give students an introduction to the theory and practice of alternative dispute resolution, including how to use these processes effectively on behalf of clients. NOTE: This course satisfies the Upper-class Professional Skills requirement. RESTRICTION: Students may not enroll in Alternative Dispute Resolution and Negotiation (JD921).
• LAW JD 883: Securities Regulation
  This course offers an introduction to federal securities regulation under the Securities Act of 1933 and the Securities Exchange Act of 1934. We will focus on the mandatory disclosure regime for public companies, exemptions from registration, the duties of participants in securities transactions, securities fraud, and core concepts such as the definition of a security and materiality. PREREQUISITE/COREQUISITE: Corporations is suggested but not required. GRADING NOTICE: This course does not offer the CR/NC/H option.
• LAW JD 884: Research and Writing Seminar
  Small-group instruction in legal research and writing, with emphasis on developing legal research techniques, writing abilities, and legal problem-solving abilities. (Required First Year, fall semester.)
• LAW JD 885: Research and Writing Seminar
  Small-group instruction in legal research and writing, with emphasis on developing legal research techniques, writing abilities, and legal problem-solving abilities. (Required First Year, spring semester.)
• LAW JD 886: Law and Sports (S)
  This seminar will survey a range of legal issues presented by sports in America. There are no pre-requisites. However, students should be prepared to learn and apply basic principles of antitrust law and labor law. Intellectual property law, constitutional law, administrative law, anti-discrimination law, contract law and tort law also will be applied. Topics will include the regulation of the professional sports labor market. The course also will treat the regulation of agent representation of athletes, the regulation of sports franchises and sports leagues, and the regulation of intercollegiate sports, with special attention to the NCAA. Students may satisfy the Upperclass Writing Requirement or write several shorter papers. Grades based on papers and class participation; no examination. ** A student who fails to attend the initial meeting of a seminar, or to obtain permission to be absent from either the instructor or the Registrar, will be administratively dropped from the seminar. Students who wait list for a seminar are required to attend the first seminar meeting to be considered for enrollment.
• LAW JD 887: Taxation of Corporations and Shareholders
  Graduate Prerequisites: INTRO TO FEDERAL INCOME TAXATION
  Federal income tax considerations have major implications for planning in the corporate area. This course focuses on income tax issues in transactions between corporations and shareholders, including distributions, exchanges, reorganizations and capital contributions. PREREQUISITE: INTRODUCTION TO FEDERAL INCOME TAXATION.
• LAW JD 889: Introduction to Federal Income Taxation
  The income tax is a pervasive feature of life in the United States and lawyers encounter tax issues in virtually every field of practice. This course introduces students to the fundamental principles of the federal income tax, and its impact on a wide range of matters, including employment, tort claims, divorce, retirement, and especially business activities and investments of all types. Topics include: the concept of income, determination of gross income, allowance of deductions and the determination of taxable income, identification of the taxpayer, taxable periods and timing, the determination of gain or loss (including realization and recognition) from dealings in property, the concept of income tax basis, and the process of change in the tax law. GRADING NOTICE: Professor Faulhaber's section of this course does not offer the CR/NC/H option.