General Practice (LAW) (LGP)
LGP 900 - The Legal Profession
In this course, students acquire a basic understanding of the numerous career paths available to lawyers, explore basic concepts of legal professionalism, understand the fundamentals of the business of law, practice the “soft skills” necessary for effective lawyering, and develop an individual career development strategy for exploring their unique professional interests throughout the next three years. During classes, students meet practitioners from a variety of practice areas. The attorneys address various business and professional issues they handle on a daily basis so that students can begin to discern not only the legal and business issues in different legal practices, but also the professional standards that attorneys will expect of them in the workplace. During a portion of each class, students apply the information they learned from the attorneys to a practical aspect of their own professional development. Students also research and establish a mentoring relationship with a practitioner, attend networking events, participate in community service projects, attend additional events, meetings, and conferences and practice other “soft skills” as requirements of the course. This class meets for two hours every other week. Students are expected to complete several specific written assignments. Grading is S/U and is based on attendance, participation and satisfactory completion of all projects and written assignments. This is a required 1L course.
LGP 902 - Access to Justice
This class is designed for upper-level students interested in exploring the barriers that low-income and vulnerable individuals often face when interacting with the civil side of the justice system, as well as how effective advocacy can help overcome these obstacles. It is also designed for students planning to sit for the Uniform Bar Exam (UBE). Understanding complex access to justice issues involves a range of different doctrinal topics (that are also bar-tested)--many of which students will have already taken but can now review and master further--including Property, Civil Procedure, and Family Law. This class provides students with significant opportunities to practice analyzing these issues by writing responses to bar exam style essays, as well as engaging in other forms of problem-solving and analysis. Students thinking about taking the Uniform Bar Exam (UBE) are especially encouraged to take this class, at it will offer in-depth immersion into the strategies and tactics necessary for succeeding on all MEE (Multi-State Essay Exam) essays.
LGP 903 - Administrative Process
Administrative law can be a complicated subject, but it is a fundamental component of American law. It is highly likely that lawyers will encounter administrative law and procedure in their legal careers, regardless of practice area. For these reasons, the course is required. By the end of the semester, when challenged with a set of facts, students will be able to understand the scope of legislative, executive, and judicial authority, and the limitations on each branch of government in the administrative context; accurately identify and analyze the stages of the administrative rulemaking process and their legal requirements; accurately identify and analyze the stages of administrative adjudications and their legal requirements; understand and apply Constitutional requirements in the administrative process such as due process analysis, delegation of power, and separation of powers; and accurately identify, apply, and synthesize the relevant legal authority governing an administrative proceeding, including, but not limited to: the Constitution, the Administrative Procedure Act, 5 U.S.C. Section 551 (2006), or other federal or state statutes, and judicially created rules and doctrines of administrative law. Eligibility: Required JD course. Prerequisites: Constitutional Law Civil Procedure. Course enrollment is limited to 70 students. Course format: lecture. Grading: other (see syllabus), 100%. This course cannot be taken for an S/U grade.
LGP 904 - Current Issues in Health Law and Policy
This course will teach students key provisions of federal law regulating the health care delivery and finance system through an analysis of the Affordable Care Act and its historic implementation. Students will review currently debated policy implications of the ACA and analyze legal challenges to it. Students will be guided through two short writing assignments, and choose a longer in depth client oriented analysis of a health care law or issue. Satisfies upper level writing requirement.
LGP 906 - Statutory Interpretation
This two-credit course, taught by the Chief Judge of the U.S. District Court for the District of NH, offers instruction in statutory interpretation, with emphasis on three areas: (1) practice, meaning advocacy in litigation and judicial opinions; (2) doctrines: textual and substantive canons of statutory construction; and (3) competing theories: textualism, intentionalism, purposivism (legal process theory), and pragmatism. Despite its theoretical aspects, this is a highly practical course.
LGP 908 - Public International Law
This course is designed to cover the main aspects of public international law and the international legal system in a globalized world. We will discuss a range of topics to learn how international law, norms and processes interact with states, organizations and individuals. Subjects include treaties, customary international law and soft law, how international law is created and applied by domestic and international courts and institutions, who are the main players in international legal processes, the interaction of international law and domestic law, international criminal and civil jurisdiction, human rights and obligations in the international arena, the conduct of states and officials in war and conflict situations, and how international law and institutions relate to the environment, international business and peace and security. COURSE MATERIALS. The main text for the course is listed below. Supplemental materials will also be assigned. Jeffrey L. Dunoff, Steven R. Ratner, and David Wippman, eds., INTERNATIONAL LAW: NORMS, ACTORS, PROCESS (3rd ed., Aspen Publishers, 2010) COURSE REQUIREMENTS. The reading assignments will be listed in the syllabus. The readings will be analyzed in class through a combination of lectures, student presentations and discussion. Regular attendance and active participation in class sessions are expected. Students may write an intensive research paper in lieu of a portion of the final exam. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: final exam, 75%; class prep. and participation, 25%. This course may be taken for an S/U grade.
LGP 909 - Civil Procedure
This course surveys the civil litigation process, beginning with the pretrial phase of litigation: the requirements for complaints and answers, procedures for joining additional parties and claims, the discovery process for gathering information, and pretrial motions (such as motions to dismiss or for summary judgment). The course considers also some of the procedural aspects of trials: when does a right to trial by jury exist and various motions for judgment made during trial. (Detailed exploration of trial rules and process is available in upper-class courses such as Trial Advocacy and Evidence). Additional topics include the remedies that are available to prevailing parties, the effect of a judgment in one case on litigation involving the same parties and/or facts, and some of the difficult constitutional issues at play in civil litigation (including jurisdiction, i.e., which courts have power over which kinds of cases and over which parties). Throughout the semester, the course emphasizes not only the mechanics of the litigation process but also application of procedural rules to actual and hypothetical disputes, including strategy considerations and lawyers' ethical and professional responsibilities in the litigation process. Eligibility: Required JD course. Course format: lecture. This course is recommended for taking the bar exam. Grading: final exam worth 75% or 100%, depending on quiz performance, with adjustments allowed for class participation. Quiz grades will comprise 25% of the final grade unless performance on the final examination exceeds that on the quizzes. There also will be an ungraded practice midterm exam.
LGP 913 - Negotiable Instruments - UCC Articles 3 and 4
Negotiable instruments are commonly used in business transactions to finance the movement of goods and to secure and distribute loans. This course analyzes and applies the rules governing the "payment systems" of negotiable instruments and focuses on the processes by which a party's paper or electronic promise (note) or order (draft) to pay money can be acquired by subsequent parties (negotiability) and what are the rights and liabilities of the parties involved. The course will also introduce the students to the on-going evolution of commercial practice in response to the transformation from purely paper-based payment methods to credit card payments and electronic funds transfers, and to the new technological systems of debit cards and stored-value cards. Since many bar examinations include coverage of UCC Articles 3 and 4 this course can be critical for successful bar passage in those jurisdictions. Eligibility: Open to all except 1Ls. Course format: lecture. This course is recommended for taking the bar exam. Grading: final exam, 100%. Course has an ungraded component or practicum. This course must be taken for an S/U grade.
LGP 914 - Secured Transactions-UCC Art 9
The Uniform Commercial Code has eleven substantive articles and according to the Uniform Law Commission "Article 9, Secured Transactions, may be the most important of the eleven." Debt and buying on credit is a common, if not essential, element of modern life. In the process of acquiring debt our creditors may want some assurance that they will be repaid. This is often in the form of collateral. When the collateral is personal property, we often become party to secured transactions governed by Article 9 of the Uniform Commercial Code. This course is focused on providing a foundational understanding of Article 9 and to help develop the skills necessary to identify and analyze situations involving secured transactions. Since most bar examinations include coverage of UCC Article 9 this course can be critical for successful bar passage. Eligibility: Open to all except 1Ls. Course format: lecture. This course is recommended for taking the bar exam. Grading: final exam, 100%. Course has an ungraded component or practicum. This course must be taken for an S/U grade.
LGP 915 - Conflict of Laws
Credits: 2 or 3
This is an introductory course in Conflicts of Law. In our complicated and ever shrinking world, the power of different bodies to make or administer law is often unclear. And even when there is clarity, law-making powers frequently overlap. Thus, conflicts arise, and a way is needed to resolve them. Broadly speaking, this is the subject matter of Conflicts of Law. This course will focus on ensuring that students have a sound understanding of the basic model for choice of law and its underlying theories. This is the subject of part I of the casebook, which covers chapters 1-3. We will cover all of this material. In the time remaining, we shall cover Chapter 8 - International Conflicts - because many of the students will be taking the course to supplement their understanding of international law. Conflicts of Law is often a bar course, so intense study of the topics covered in chapters 1-3 should prove very helpful in terms of bar preparation. Eligibility: Open to 2Ls and 3Ls. Course format: lecture. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.
LGP 916 - Constitutional Law
The Constitution allocates power among the three branches of the federal government, between the federal government and the states, and between all government and individuals. Reflecting this division of responsibility, the course divides into three main units: (1) the separation of powers between the branches of the federal government; (2) the relationship between the federal government and the states; and (3) the basic structure of the Constitution's protection of individual rights, including the specific protections of due process and equal protection. Significant portions of the Constitution will not be covered. In particular, constitutional provisions regarding the rights of criminal defendants and the protections provided by the First Amendment are topics covered in other courses. Eligibility: Required JD course. Course format: lecture. This course is recommended for taking the bar exam. Grading: other (see syllabus), 100%. This course cannot be taken for an S/U grade.
LGP 919 - Contract Design
When a transaction and the relevant law are thoroughly understood, a good lawyer should be able to write a clear and effective contract before consulting forms and checklists. Although transactions are infinitely varied, there is a structural logic common to all contracts that can help the lawyer clarify the parties' objectives and understandings, see alternatives, organize the performances, anticipate difficulties, minimize or allocate risks, and provide for contingencies or disputes. First we will study this structural logic, the anatomy and physiology of contracts. The second part of the course will be more detailed application to several archetypal transactions, with their characteristic problems and solutions: Commercial Services, Purchase and Sale of Real Estate and of a Business, LLC Operating Agreement. The reading will be a short drafting text, cases involving drafting or design problems or oversights, and a bunch of clauses and contracts. In each part of the course there will be drafting exercises in class and out, starting with individual clauses. Early assignments will come back with comments or a "do-over." Later assignments may be graded. Around week 9 or 10 I will assign a fairly complex hypothetical for which you will have a substantial time to draft a complete proposed contract. I'll give you comments and suggestions toward a final draft. These drafts will be the principal basis for your grade. There will be no final exam. Eligibility: Open to 2Ls and 3Ls. Course enrollment is limited to 14 students. Course format: simulation. Grading: other (see syllabus), 100%. This course cannot be taken for an S/U grade.
LGP 920 - Contracts
Contracts is your introduction to the law of voluntary transactions. How do we make enforceable promises? How do we interpret them? When and how can they be undone or excused? If they are broken without lawful excuse, what will the law do about it? There are other things going on in a Contracts class. With trivial exceptions, contracts are made of words. Care in using and interpreting words is vital for lawyers. Contract-making also requires anticipating and providing for contingencies. The course is as much about developing professional habits of thought as it is about rules and vocabulary. Eligibility: Required JD course. Course format: lecture. This course is recommended for taking the bar exam. Grading: final exam, 85%; midterm exam, 10%; class prep. and participation, 5%. This course cannot be taken for an S/U grade.
LGP 922 - Employment Law
Using the Case File method developed in business schools, this course hones students' legal analysis skills in the context of a wide array of employment law problems. For each class students will read a case file that includes a memo from a senior attorney presenting a client with an employment problem and a number of relevant cases and statutes. During class discussion students will be required to analyze the relevant law in the context of the client's problem. Students analyze problems concerning employment contracts, wrongful termination claims, employees' rights to privacy, defamation in employment, and a variety of employment discrimination claims. Throughout the course, students are challenged to make nuanced judgments necessary to advise clients about likely outcomes. To make these judgments students must consider and weigh the law, facts, procedural hurdles, legal costs, business realities and human consequences of the problems their clients face. Eligibility: Open to 2Ls and 3Ls. Course enrollment is limited to 20 students. Course format: problem-based. Grading: final exam, 50%; class prep. and participation, 50%. This course cannot be taken for an S/U grade.
LGP 924 - Evidence
Evidence is a Prerequisite for Trial Advocacy, Expert Witnesses & Scientific Evidence and Patent Litigation. This course involves the study of law governing the flow of information into trials, focusing on the Federal Rules of Evidence. The course emphasizes the development of the skill of factual analysis and of the methods for analyzing evidentiary problems. It is not a course on the memorization of a body of rules. Rather, the principles underlying the rules and, in particular, their application are the focus. Eligibility: Open to all except 1Ls. Course format: lecture. This course is recommended for taking the bar exam. Grading: see syllabus. This course cannot be taken for an S/U grade.
LGP 925 - Expert Witness and Scientific Evidence
This class is a Prerequisite for Advanced Patent Litigation. This course recognizes that whatever type of lawyering one does (from patent litigation to criminal defense or other civil litigation), one must have an ability to manage effectively expert witnesses and scientific evidence. This course functions as an Advanced Evidence and Advanced Trial Advocacy course. It examines the law as to the admissibility of and limitations on expert testimony and on scientific evidence. It requires students to develop a competence in the use of experts during litigation by participation in simulated direct and cross-examination exercises as well as admissibility exercises. Eligibility: Open to 3Ls only. Prerequisites: Evidence and at least concurrent enrollment in Trial Advocacy. Corequisites: Trial Advocacy. Course enrollment is limited to 26 students. Course format: skills training. Grading: other (see syllabus), 100%. This course cannot be taken for an S/U grade.
LGP 926 - Family Law
This course provides an overview of the law as it relates to modern families, including defining a family, the parties' relationships with each other and their children as well as the consequences of dissolution of the family. The main topics covered will be marriage, divorce, spousal and child support, encroachments on family privacy, and rights and obligations of individuals in families. The subject matter also covers abortion, alternative methods of bringing a child into a family as well as government involvement in the family. Family law is in a period of rapid change in the 21st. century. Participants in various family situations search for legal change to accommodate the rapid change in society. Court decisions, lawyers' arguments and the legal issues themselves all show the impact of societal, political, and economic change in the field of family law practice. The course will also explore how the law has evolved, and is continuing to evolve, in recent years. Class time will be used for lecture and discussion regarding text materials. The course is designed to cover the law on a national scope. We shall use a basic family law text. Classroom attendance and participation are required. Eligibility: Open to 2Ls and 3Ls. Course format: lecture. Grading: final exam, 85%; midterm exam, 15%. This course may be taken for an S/U grade.
LGP 928 - Federal Courts
Federal Courts examines the scope of and limitations on the federal judicial power, focusing on three main themes: (1) the courts' relationship to the other two branches of the federal government, (2) the proper relationship between the federal and state governments, and (3) the mechanisms employed by federal and state courts to enforce rights created by federal constitutional and statutory law. The topics covered include congressional control of federal court jurisdiction, justiciability, Supreme Court review of state court decisions, sovereign immunity and its abrogation, abstention, civil rights lawsuits, judicially created rights of action, and habeas corpus. Superior or deficient class participation may contribute an additional singe grade step up or down (e.g. from B to B+ or B to B-). Eligibility: Open to 2Ls and 3Ls. Course format: lecture. Grading: final exam, 75%; midterm exam, 25%. This course cannot be taken for an S/U grade.
LGP 929 - First Amendment Law
This course will provide an intensive examination of the First Amendment's free speech and religion clauses. The freedom of speech aspect of the course will consider the various theoretical underpinnings for affording protection to expression and will explore how the protections afforded speech vary depending on (1) the kind of speech regulated, (2) the location where the speech occurs, and (3) the nature of the regulation at issue. The religion aspect of the course will consider the different doctrinal approaches to enforcing the free exercise clause and explore the limitations on government action imposed by the establishment clause. Course readings will include a case book and additional readings provided by the instructor. Eligibility: Open to 2Ls and 3Ls. Course format: lecture. Grading: final exam, 80%; class prep. and participation, 20%. This course may be taken for an S/U grade.
LGP 930 - Health Law and Industry Regulation
This course will provide students the practical regulatory knowledge base necessary to practice in the area of health law by teaching how the health care delivery system is regulated from a business perspective. Students analyze how providers navigate a complex and changing regulatory environment by reviewing the basic federal and state legal frameworks regulating health insurance, payment reform mandates and the Affordable Care Act implementation, business structures and tax, Medicare and Medicaid, fraud and abuse including Stark/Antikickback and antitrust. Students review a variety of case studies and hear from experts in the field of health law on current topics in order to highlight the interplay between health care delivery, business and regulation. Eligibility: All but 1Ls. Prereq: Admin Pro recommended Grading: see syllabus. Course may be taken S/U.
LGP 931 - Health Law
This course provides a general introduction to the law of health care in the United States. Students will gain an understanding of the legal and policy considerations that shape the relationships between providers (physicians and hospitals) and patients and how different areas of law have developed when applied within the health care industry. Because health law is a broad subject matter, this course will cover a wide range of topics in brief, including the physician-patient relationship, informed consent, privacy and confidentiality, medical malpractice, regulatory compliance, conflicts of interest, human subjects research, and end-of-life decision-making.
LGP 933 - Immigration Law
Immigration law is complex and multi-faceted; it touches on other substantive areas of the law including constitutional law, criminal law and foreign policy. By the end of the semester students should be able to think critically about the historical, theoretical and constitutional context of immigration law, including division of immigration power between federal and state government as well as limits to the federal immigration power under the United States Constitution and the Amendments; possess a good understanding of the core principles of immigration law, its norms and practices; develop analytical skills to question and appraise immigration law policies and practices; identify current immigration issues in the United States, including analyzing the constitutionality and rationality of recent state and federal legislative enactments and proposals; and explore causes of present immigration problems and violations and what possible steps might Congress or states take to remedy flaws in current legislation on immigration. Eligibility: Open to 2Ls and 3Ls. Course format: lecture and problem based. Classroom attendance and participation are required. Grading: see syllabus. This course cannot be taken for an S/U grade.
LGP 937 - Law Practice Management
The practice of law is both a profession and a business. Attorneys have obligations to themselves, their colleagues, the profession, and their families. Achieving a balance is important to personal growth and development. This course will provide students with a foundation in both the business aspects of a law firm and individual practice management. It will acquaint students with an overview of the skills necessary for setting up and operating a law office, managing client relationships, and managing the substantive aspects of a practice. It will give students an introduction to management and administrative functions, procedures and policies that law firms typically follow. This course provides essential information for those students considering setting up an office as a solo practitioner, or in a small firm with other recent graduates. For those students accepting positions with existing firms, the course offers an opportunity to gain insight into the workings of a law firm, thereby improving the chances for long-term success with a firm and within the profession. Students will be organized into separate classroom "law firms," and will be guided through many steps toward establishing a firm. Class time will include lectures, discussions, individual and group presentations, and work on group projects. Eligibility: Open to 2Ls and 3Ls. Course enrollment is limited to 24 students. Course format: seminar. Grading: other (see syllabus), 100%. This course cannot be taken for an S/U grade.
LGP 939 - Privacy Law
Privacy is the study of society’s efforts to draw boundaries between different contexts in which information flows. In the last few decades, privacy law has gone from being a minor issue largely confined to a few specific industries to one of the most important and pressing issues for businesses, consumers, and government officials of all kinds. This course will survey legal regimes governing the collection, use, and dissemination of information. Topics of discussion will include information dissemination and the First Amendment, associational privacy, the privacy torts, consumer privacy on the internet, the role of the Federal Trade Commission, medical privacy, government surveillance and the Fourth Amendment, privacy and national security, and international privacy regimes.
LGP 940 - European Union Privacy & Data Governance Law
This course will examine the background to the emergence of privacy and data governance law in the European Union. It will contrast the English common law approach to privacy with that of France and Germany. It will examine the establishment of a European wide approach to data protection and privacy,. In particular it will examine in detail the new General Data Protection Regulation provisions, including the discretion of member states. It will further explore the responsibility of non EU entities when acquiring data on EU citizens and the ability to transfer that data outside of EU using data protection equivalency, international agreements or contractual provisions between private entities. Finally the course will examine the protection of e-Privacy and the move towards an Open Data society in the EU for non-personal data.
LGP 951 - Professional Responsibility
Professional Responsibility provides an in-depth study of the law of lawyering. The coverage includes the provisions of the Model Rules of Professional Conduct, bar admission, malpractice, and the "business of law," such as multijurisdictional practice, advertising, and practices with professionals from other disciplines. The course will also expose students to the criticism of the ethics of the legal profession and discuss the use of the adversarial system as the dominant model for our justice system. The course will use the problem-method as its primary vehicle to structure the discussion. Eligibility: Required JD course. Course enrollment is limited to 50 students. Course format: problem-based. Grading: other (see syllabus), 100%. This course cannot be taken for an S/U grade.
LGP 952 - Property
This course will introduce and illustrate the fundamental legal concepts and terms involved in the control of three kinds of property: real estate, chattels (goods), and intellectual property. With primary emphasis on real property, we will study the rights and powers of ownership, how they are acquired and transferred, how ownership can be shared (either simultaneously or over time, including future interests, leases, and licenses), recording systems and the rights of purchasers or lien holders, and sovereign powers (grant, escheat, eminent domain, regulation, and forfeiture). Grading methods may vary depending on which professor is teaching Property. For Professor Hurn attendance and preparation do not count for points, but excessive neglect of either will result in disenrollment. Otherwise his grades are based on one closed-book final exam. For Professor Massey, attendance, preparation, and useful class participation count as no more than 15% towards the final grade; sustained disengagement (as manifested by poor attendance and poor preparation) will result in reduction of the course grade by no more than 15%. The final exam will be closed book and consist of multiple choice questions and one essay. Eligibility: Required JD course. Course format: lecture. This course is recommended for taking the bar exam. Grading: other (see syllabus), 100%. This course cannot be taken for an S/U grade.
LGP 953 - Remedies
In this course students review the major kinds of relief clients can obtain in claims involving torts, contracts, property and other civil causes of action - all of which are tested on the bar exam. The course focuses on three majors kinds of remedies - damages, injunctions, and restitution - through readings, solving problems, and short writing assignments. Classes will be focused on solving problems through active team-based learning strategies. During the course students will show in writing and orally how lawyers solve problems in the area of remedies- what laws they use, how they apply them to new facts, and how they use those facts to make arguments to judges or juries. To successfully complete this course students will: 1. Analyze and synthesize primary and secondary authorities; 2. Solve legal problems; 3. Investigate facts, including developing and questioning inferences; 4. Make legal arguments; 5. Understand how to access and information related to remedies; 6. Think critically about law, policy and alternatives to legal remedies; 7. Draft legal documents that communicate clearly, are persuasive, and comply with applicable rules; 8. Learn the basic law and policy of remedies: damages, injunctions, and restitution; 9. Evaluate the advantages of pursuing different remedies to achieve clients' objectives; and 10. Participate professionally in class. Eligibility: Open to 2Ls and 3Ls. Prerequisites: First year required courses.. Course format: problem-based. This course is recommended for taking the bar exam. Grading: other (see syllabus), 100%. This course may be taken for an S/U grade.
LGP 956 - Pro Sports Law: Unique Relationship, Leagues, Team and Players
Pro Sports Law: The Unique Relationship Between Leagues, Teams & Players. This course examines various legal issues affecting professional sports industries and the relationship between leagues, teams, players and affected third-parties. Topics include related issues in antitrust, labor, work stoppages, contracts, intellectual property, advertising/brand management, torts, franchise relocation, immigration, disability and pension systems, anti-discrimination, regulation of private associations, regulation of athlete agents and their ethical duties, sports broadcasting and eSports (sports games played on video game systems and computers). Pursuit of careers in sports law, especially becoming attorneys for teams or leagues or becoming sports agents, is also covered. Eligibility: Open to all except 1Ls. Course format: lecture. Grading: final exam, 100%. This course may be taken for an S/U grade.
LGP 960 - Torts
Torts exposes you to the fundamentals of the major tort doctrines, focusing primarily on negligence and introducing intentional torts and products liability. Through reading primary authorities - cases and statutes - and secondary authorities such as the Restatement of Torts, jury instructions, and related materials, you will learn legal principles. Working on skills-based exercises, you will practice analyzing and applying torts principles to factual scenarios. During the course you will show in writing and orally how lawyers solve problems in the area of torts - what laws they use, how they apply them to new facts, and how they use those facts to make arguments to judges or juries. To successfully complete this course you will: 1. Analyze and synthesize cases; 2. Solve legal problems; 3. Investigate facts; 4. Make legal arguments; 5. Understand how to access information related to tort law; 6. Think critically about law, policy and the torts system; 7. Draft legal documents that communicate clearly, are persuasive, and comply with applicable rules; 8. Learn: A. The basic law and policy of torts: negligence, intentional torts and products liability; B. Which tort issues are decided by judges, which by juries (or judges sitting as fact finders); C. The interrelationship of different torts causes of actions; and 9. Participate professionally in class. Eligibility: Required JD course. Course format: problem-based. This course is recommended for taking the bar exam. Grading: other (see syllabus), 100%. This course cannot be taken for an S/U grade.
LGP 963 - Law and Mental Health
This two-credit course, meeting on selected Mondays (and one Saturday), equips students to manage all phases of legal proceedings in which mental health evidence and testimony are utilized. Students will review theories of law and mental health; assessment, treatment, credentialing, ethics, and practice standards; competency, sanity, and commitment proceedings; mental injury, antidiscrimination, and educational entitlements; delinquency, abuse/neglect, and child custody determinations; and practical aspects of forensic consultation, expert witness retention, and the lawyer’s own mental health. Open to all except 1Ls. Grading Information: Final examination= 50%; Class Preparation And Participation= 20%; and Brief Research Paper= 30%.
LGP 969 - Article II Sales
The Sales course is a continuation of contract doctrine from your first semester Contract Law course. While Contract Law focused on the common law's approach to contracts, Sales will focus on statutory approaches. U.C.C. Article 2 (sale of goods) will be the main focus of the course, but we will also explore other code approaches to sales. We will explore international sales and the Convention on Contracts for the International Sale of Goods (the CISG). We will also look at electronic commerce through the Uniform Electronics Transactions Act (UETA) and Electronic Signatures in Global and National Commerce Act (E-Sign). Eligibility: Required JD course. Course format: lecture. This course is recommended for taking the bar exam. Grading: final exam, 100%. This course cannot be taken for an S/U grade.
LGP 970 - Preliminary Bar Exam
The preliminary bar exam is a requirement for all 1L students, as set forth in the Student Handbook p.53 The prelim will assess students' substantive knowledge of Torts, Contracts, Property, and CIvil Procedure, as well as the essential skills necessary for success on the bar exam. Students will not receive course credit for the prelim, and it will not be used to calculate GPA or class rank.
LGP 971 - BioInnovation Research Collaboration and the Law
This course will explore the legal, regulatory and business issues that arise from the research, development, manufacturing and sale of innovative bio-medical products. Students will work through a case study to simulate the collaborative development of a product, learning in a dynamic and multi-disciplinary classroom. The curriculum will track key areas of the law that impact the development of innovative products, specifically cutting edge issues that arise when bringing together industry, academia and government collaboration around bio generation. Students will emerge from this pilot program ready for the challenge of identifying the issues facing companies working in bioinnovation space and specifically those companies seeking services from ARMI, Inc.
LGP 972 - Valuation and the Law
Valuation is a prerequisite for thoughtful decision-making. The old management adage—you can’t manage what you don’t measure—remains true today. In business, sound decision-making involves placing reasonable values on assets and strategies to identify the best decisions among competing, but uncertain, choices. While valuation has long been used by businesses to improve decisions, it has been slow to develop as a wide-ranging decision tool in the legal setting. As a result, valuation principles are too often ignored or poorly implemented in legal settings. Valuation should be a fundamental skill possessed by most lawyers. Consider just a few of the legal settings that require valuation to make properly informed decisions: • Developing remedies in the litigation context. • Making sue-or-settle decisions. • Crafting effective laws and regulations. • Determining how much to spend on legal services. • Developing and executing business strategies that are based on legal rights (such as intellectual property strategies). • Evaluating the success or failure of negotiations. In each of these contexts, the decision-maker must make a value judgment (the option chosen is better than options not chosen), whether the decision-maker appreciates it or not. For example, when a client decides to settle a lawsuit, she has valued the settlement alternative higher than the litigation alternative. Therefore, the choice is not whether to employ a valuation analysis. Rather, the choice is whether to employ an intelligent valuation analysis that helps inform the decision or to employ a sloppy process that ignores such valuable information. One reason (and probably the most powerful reason) for the slow development of valuation analysis in the legal setting is the common misperception that valuation is too difficult. This course will seek to disprove that notion. This course will teach students how to apply valuation principles in their future legal practice and become more effective lawyers. Strong math skills are not required. We will not employ any mathematical concepts beyond what is required in a 6th grade math class.
LGP 979 - Animal Law
Animal law is the fastest developing field of law in the nation. It is an interdisciplinary practice, encompassing several areas of the law such as property, contracts, torts, constitutional law, criminal law, and even intellectual property. In addition, there are federal and state laws specific to animals, such as trusts and cruelty statutes. This class will focus upon both areas. There will be a strong emphasis on your communication skills: thoughtful and consistent class participation is required. Each week we will address a new area of law, and how it applies to animal law. Class one will be a review of the common law as it relates to animals; class two will be a case file or in class exercise based upon class one.
LGP 981 - Consumer Law
Consumer Law examines contemporary consumer law, situating its statutes in the common law of tort and contract. The class is organized around a consumer transaction, including how businesses attract consumers, the terms of the products or services purchased, and the remedies or enforcement tools available if the deal does awry. In addition to longstanding important topics such as unfair or deceptive acts and practices, warranties, and consumer credit law, the class examines how the consumer law landscape is changing. Issues include technological advances that raise privacy concerns; the increase in automobile debt and student loans; and the work of the newest federal agency, Consumer Financial Protection Bureau. This class will not be exclusively about "consumer protection" but instead will consider consumer law from multiple viewpoints, including those of businesses that are regulated by consumer law and those of policymakers who are charged with protecting the public interest in a fair marketplace.
LGP 982 - Corporate Finance
Corporate Finance is designed to provide students with an understanding of the funding sources and the structure of corporate financial transactions. The course will focus on the tools necessary for a lawyer to render legal opinions in the financial sector; and will help students understand the finances behind negotiating a merger, taking a client private (LBO) or public (IPO) and litigation of complex class actions and derivative suites. Topics covered include: time value of money, workings of capital markets, valuation, basic accounting, and basic corporate securities.
LGP 983 - Economics for Lawyers
Economics for lawyers exposes students to a broad survey of economic, statistical, financial and accounting concepts which play a crucial role in determining the outcome of legal disputes. Students will not become expert in these technical areas but will be exposed to both the mechanics and subtleties of these tools. The goal is to educate and train students so that they will be better prepared to understand a dispute, craft an argument, or prepare a witness.
LGP 984 - Intl Sales & Comm. Arbitration
International Sales and Commercial Arbitration provides an overview of the law governing international sales of goods and international commercial arbitration, focusing primarily on the U.N. Convention on the International Sale of Goods, the UNCITRAL Model Law on International Commercial Arbitration, and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
LGP 985 - Natl Security:Counterterrorism
National Security: Counterterrorism is an in-depth look at counterterrorism in the United States. Examines the competing conceptions and definitions of terrorism at the national level and the institutions and processes designed to execute the national security on terrorism. Includes the study of the balance between national security interests and civil liberties found in the following topical areas: relevant Supreme Court decisions, legislative provisions in response to acts of terrorism, operational counter-terrorism considerations (including targeted killing), intelligence gathering (including interrogations), policy recommendations, the use of military tribunals or civil courts in trying suspected terrorists, the emerging law regarding enemy combatants and their detention, and the arguable need for new self-defense doctrines at the global level.
LGP 987 - Int'l Business Transactions
International Business Transactions is a general course covering the fundamental issues that affect business in today’s global marketplace. Topics covered include legal issues associated with financing commercial transactions, transnational contracts, and foreign direct investment in countries abroad. The course will emphasize the role of international trade institutions, GATT treaties, and federal trade law.
LGP 989 - Civil Rights Litigation
This course focuses on litigation under 42 U.S.C. 1983 - the principal vehicle for civil rights claims prosecuted in the federal courts. The primary emphasis of the course is on the practical and procedural aspects of civil rights litigation, including matters such as standing, immunities, various issues relating to pleading and proof, the availability and choice of remedies, and the recovery of attorneys' fees. The course is designed to give students the practical skills required to effectively litigate civil rights claims in the federal courts while providing insight into the larger jurisprudential debate that has shaped the law in this area.