Michael C. Harper

3 credits

This course will be an introduction to the practice of aggregate litigation from a social justice perspective. Topics will include all aspects of class action practice, an introduction to multidistrict litigation, attorney general and public advocate public interest litigation, public client cases, non-class aggregate litigation, selected bankruptcy issues for individuals as creditors, and other possibilities for litigating public interest issues at scale. Much of the course will focus on consumer protection (including products liability), civil rights and regulated business activities. A sub-unit will address solutions, at scale, to gun violence.

4 credits

Examines the structure and function of civil procedure and the requirements of due process of law.

3 credits

This course examines federal civil rights laws prohibiting employment discrimination based on race, color, sex, religion, national origin, age, and disability. The course considers litigation strategy and the sources, theories, and goals of anti-discrimination law. Specific subjects covered include discriminatory refusals to hire and terminations, workplace harassment, the applicability of current law to discrimination on the basis of sexual orientation or gender identity, and employers’ responsibilities (or lack thereof) to accommodate or address pregnancy and family responsibilities, religious practices, and disabilities.

3 credits

This course is about the legal regulation of the employment relationship in the U.S. It surveys relevant common law doctrines and selected statutes affecting this. Among the substantive issues to be considered are the at-will default rule (and many of its modifications); regulation of wages and workplace safety; unemployment insurance; whistle-blowing; workplace disputes about property rights (including restrictive covenants surrounding trade secrets, non-compete; arbitration agreements); torts arising in employment contexts (negligent hiring and retention; defamation); liability coverage, and other topics.

2 credits

This CLASS IS RESTRICTED to students who have received permission from the Clinical and Experiential Programs Office to enroll. In lieu of a seminar, students write a 15–20 page paper and submit seven bi-weekly journals (4–6 pages each) under the guidance of a faculty supervisor. The 2 credits count towards the 3-credit cap on independent study credits as well as the 17-credit cap on non-GPA credits. Students may satisfy the upper-class writing requirement through the paper under agreement of the sponsoring faculty member. COREQUISITE: INDEPENDENT PROPOSAL EXTERNSHIP:FIELDWORK (LAW JD 709).

3 credits

Labor law structures the process through which workers organize and engage collectively, rather than individually, with their employers. This course will cover the basics of private sector labor law in the United States. We will study the National Labor Relations Act and the processes of union organizing and collective bargaining that the NLRA establishes. We will also consider historical perspectives on labor law, issues particular to public sector unions, union participation in the political process, the ¿right to work,¿ and the ability of non-unionized workers to engage in concerted action. Finally, through the lens of labor law, the course will tackle issues of statutory interpretation, administrative law, and constitutional law. The materials are not intended to cover the legal rights of individual employees outside of the NLRA. Students interested in in-depth treatment of those topics are encouraged to take Employment Law and/or Employment Discrimination instead of or in addition to this class. To enroll in this class, students must have completed Contract Law, Tort Law, and Constitutional Law.

3 credits

This seminar surveys legal issues affecting the business of sports in America. Although there are no pre-requisites, students should be prepared to understand basic substantive principles of antitrust, labor, intellectual property, agency, tort and contract law and how they have influenced the: (i) evolution of professional sports franchises and leagues; (ii) relationship between players and owners; and (iii) value of the product they produce and exhibit across various distribution platforms. Particular emphasis will be placed on how to translate substantive law into the practical advice sports clients require on a regular basis, including issues involving the interaction among leagues, franchises and athletes, and distinctions between assets owned and controlled by athletes, as opposed to those owned and exploited by leagues and owners. Assets controlled by game rightsholders, sponsors, venues and other licensees and vendors also will be analyzed, as will the ways unauthorized third parties try to capitalize on them. Grades will be based on oral class participation, written case and contract interpretation exercises and written advocacy. There is no examination. UPPER-CLASS WRITING REQUIREMENT: This class may not be used to satisfy the requirement. OFFERING PATTERN: This class may not be offered every year. Students are advised to take this into account when planning their long-term schedule. ** 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.

Var credits

Upper-class students may pursue a special research interest under the guidance of a full time faculty member, and earn one or two semester credits for a Supervised Research and Writing project (also known as an Independent Study). The study must involve a substantial investment of time and effort, and result in significant written work that reflects a high standard of legal scholarship. The student's final grade will be based solely upon written work submitted, and will be included in the student's average. NOTE: Students must register for Supervised Research and Writing directly with the Registrar's Office. You may not register via the Student Portal.

3 credits

This course is an introduction to the basic elements of the gratuitous wealth transmission process. Topics include (1) an overview of the estate planning process and policy considerations bearing on private wealth transmission; (2) the distribution of property in the absence of a will (intestacy); (3) the law of wills, including formal requisites for validity, revocation and construction of, and challenges to a will; (4) will substitutes and planning for incapacity; (5) an introduction to types of trusts, and to the basic law governing interests in trusts and fiduciary administration; and (5) a brief introduction to wealth transfer taxation. Time permitting there may also be brief coverage of powers of appointment, and spendthrift, and charitable trusts.