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Administrative process, emphasizing nature of powers exercised by administrative agencies of government, problems of procedure, and scope of judicial review.
Topics in criminal procedure, with emphasis on legal constraints on grand jury investigations, police practices, pretrial release, preliminary hearings, prosecutorial discretion, and plea bargaining.
Legislation and its implementation to prevent monopoly and business practices in restraint of trade, including restrictive agreements involving price-fixing, trade association activities, and resale price maintenance.
Partnerships, limited partnerships, and small business corporations. Includes a brief introduction to accounting. Detailed analysis of the problems of forming a close corporation, state law duties of care and loyalty, management, dividends and redemptions, issuance of stock, internal dispute resolution, dissolution, and the general law of derivative actions.
Fundamental protection for person, property, political, and social rights.
Problems in taxability of the corporation, corporate distributions, and corporate reorganizations.
Nature of the criminal procedural system with special focus on constitutional protections for the accused.
Substantive concepts involved in transmitting wealth, including interstate succession, wills and will substitutes, the modern trust as a family protective device, creation of future interests in a planned estate, social restrictions of a nontax nature, and methods of devoting property to charitable purposes.
Principles and practice governing the competency of witnesses and presentation of evidence, including the rules of exclusion and roles of lawyer, judge, and jury under the adversary system.
Federal judicial system; relationship of federal and state law; jurisdiction of federal courts and their relation to state courts.
Introduces health law.
Technology opportunities arise in diverse areas. Information systems, telecommunications, biotechnology and electronics are only a few of the major areas where technology has made a major impact in the last few years. To exploit these opportunities requires the joint efforts of both business and legal interests. Business provides the strategies and initiatives to commercialize and optimize an innovation’s potential while legal seeks to protect and consolidate gains. This rough sketch of business/law dynamics in the technology sector forms the core of this course.
Lawyers in the e-commerce and technology sectors must be prepared to deal with questions of intellectual property portfolio management. This course exposes students, steeped in intellectual property law, to important client business strategies. Among the issues covered will be the legal and economic strategies behind: (i) technology acquisition; (ii) investment, creation and protection of intellectual property assets; (iii) licensing, partnership, joint venture, and divestment strategies; and (iv) technology life-cycle and revenue stream strategies. In addition to these overall strategies, the course will examine: (i) intellectual property audits; (ii) valuation methods; (iii) offensive and defensive uses of intellectual property; and (iv) the role of the attorney in all of these areas.
The course is centered around traditional business school case-studies. M.B.A. and J.D. students will work together in assigned groups to prepare written and oral presentations that explore business and legal issues raised by the assigned case studies. Depending on the number of students enrolled, students should expect to prepare and present 2-4 case-studies a semester. In addition to the case-study presentation, students are expected and will be required to be active participants before and during the presentations. A final take-home examination will also be given.
Finally, although there are no prerequisites, students are STRONGLY encouraged to have taken intellectual property courses prior to enrolling in this class. Those students without a background in intellectual property may take the course but will be expected to do extra work outside of class to keep up with the subject matter.
An introduction to the U.S., foreign and international law regulating cross-border business transactions and to the structure of cross-border business deals. Topics include: regulation of imports and exports of goods and services; foreign direct investment; international corporate formation, mergers, acquisitions and reorganizations; international protection of intellectual property; international employment law issues; cross-border lending; international antitrust; and international dispute resolution options. Because international transactions are becoming an increasingly important part of every kind of transactional and administrative law, this course should prove useful to most students who intend to practice in any field of corporate, commercial, or regulatory law.
This course canvasses the types of remedies a plaintiff may be awarded in connection with civil wrongs.
Special problems in the juvenile system.
This course will explore works of literature--novels, short stories, plays, etc.--that raise important issues of law and justice. The primary emphasis will be on the issues of punishment, responsibility, forgiveness, and mercy. The course will begin with a discussion of Herman Melville's Billy Budd, Sailor. (This novella was left unfinished at Melville's death, and many versions have been published. For this course, it is important that the student have an edition that uses the reading text prepared by Hayford and Sealts.) After Melville, we will discuss such ancient texts as the Book of Job and Greek tragedies ("The past is a foreign country. They do things differently there.") and will conclude with contemporary literature. Some of the writers that have been covered in the past: Aeschylus, Sophocles, Plato, Augustine, Shakespeare, von Kleist, Melville, Dostoevsky, Camus, Duerrenmatt, Doctorow.
This course provides an introduction to the methods of probability and statistics most commonly applied in administrative and judicial proceedings. It will describe the basic methods of statistics (sampling, univariate analysis, correlation, regression, and analysis of variance) and the essential concepts of statistical thought (probability distributions, controlled experimentation, estimation, hypothesis testing, and decision theory). Connections to legal proof and doctrine will be drawn, but the emphasis will be on methodology and analytical tools. The goal is not to turn law students into statisticians but to enable them to be statistically literate consumers of quantitative information generated by economists, biomedical researchers, psychologists, statisticians, survey researchers, and other experts. The textbook is will be Prove It with Figures: Empirical Methods in Law and Litigation (1997) by Hans Zeisel and David Kaye, supplemented with legal materials and statistics teaching modules on the Internet. Calculus is not required, and students who have studied statistical methods at an advanced level are discouraged from enrolling. Problem sets will be due periodically, and a final examination will be used to assess mastery of pertinent statistical methods and legal concepts.
This clinical seminar will explore--in the most practical and applied terms--how to strategize, structure, negotiate and document transactions involving intangible property.
This course will focus on attempts to protect the rights of minorities, indigenous peoples, and women through international law.
Emphasizes the Model Rules and Model Code that govern the professional responsibility of lawyers and their interpretation and application.
International legal research, whether for professional or academic purposes, relies on materials and methods that are quite different from those required for domestic legal research. In particular, primary historical, governmental, journalistic, and live interview sources provide much of the source material for research in this field. This workshop will offer an introduction to methods of researching public international law in the library and through public sources (including FOIA requests), foreign source materials, personal interviews and online resources.
Secured transactions under Article 9 of the Uniform Commercial Code and other relevant sections. Overview of the creation, perfection, and priority effects of security interests. Financing of business enterprise and consumer credit.
Acquisition of water rights; water use controls; interstate conflicts.