Litigation

How the courts of a state address the fact that other states and nations, with their own laws, exist. The primary focus is choice of law--which state's or nation's law should apply to a case with multi-jurisdictional elements. Also covered will be the constitutional restrictions on choice of law and state court recognition of sister state judgments. Other possible topics are: the extraterritorial application of federal (including constitutional) law, state and federal court recognition of the judgments of foreign nations, and conflicts between federal and state law, including the Erie doctrine. Close Window

An intensive study of the law of evidence primarily utilizing the Federal Rules of Evidence. Topics addressed by the course include relevance, authentication, real evidence, competence, hearsay, impeachment of witnesses, and privileges. This course satisfies the Third Year Practice requirement. Close Window

An examination of the federal judicial system encompassing such topics as allocation of federal judicial power; original jurisdiction of the Supreme Court; the Eleventh Amendment; suits in federal court against state officials; restrictions on federal adjudication of state-created rights; federal question jurisdiction and federal common law. Close Window

An advanced litigation course intended for those students who have a substantial interest in litigation. The course is designed to develop the student's skills as a trial lawyer for both civil and criminal cases. Trial Advocacy will deal with trial strategy, jury selection, opening statements, presentation of evidence, including the examination of witnesses, closing arguments, and preparation of jury instructions. Evidence presentation and related technologies will be fully integrated into all aspects of the course. A trial will be required. Students who take Trial Advocacy-Basic Advanced Litigation may not take any other Trial Advocacy section (Tech Trial Ad or National Trial Team Trial Ad or Medical Malpractice Trial Ad) for credit. Pre-requisite: satisfactory completion of Evidence, or co-registration in Evidence. This course is open to third year students only, who satisfy the pre-req or co-req. Close Window

Covers procedural law for both law and equitable claims, including applicable statutes, rules of court and cases interpreting the statutes and rules. Appellate procedure for both the Court of Appeals of Virginia and the Supreme Court of Virginia are covered. Prerequisite: Third year status Close Window

Administrative law establishes the legal controls over the operation of government and hence it relates to almost every legal practice, from security regulation to social programs to criminal justice. This coure is an introductory examination of the rules and procedures government federal agencies. It explores: (1) the Constitutional background and limitations on agency action, (2) the procedural requirements (from various sources) that an agency must follow, and (3) the doctrines of judicial review that apply whenever a court evaluates agency decisions. Close Window

The Pretrial Civil course is designed to introduce students to persuasive pretrial advocacy in a civil case. The course will prepare students for practice in civil litigation by focusing on the application and expansion of their legal writing skills in a civil context. Students will learn civil litigation skills through written assignments and class discussions that will expose them to some of the issues and challenges civil practitioners must address when drafting documents, motions, and briefs in the course of client representation. Close Window

The Appellate Advocacy course will provide in-depth instruction and practical training in appellate advocacy, emphasizing both written and oral skills. Students will learn how to prepare for an appeal, file an appeal, write effective appella briefs, and make effective appellate oral arguments. The skills involved include the ability to analyze, write, make strategic decisions, and speak effectively. Students will complete several practice writing assignments culminating in one final written brief. At the end of the semester, students will present oral arguments based on their final written brief. NOTE: Students who take Law 730 Advanced Brief Writing may NOT take this course. Close Window

The Pretrial Criminal course is designed to introduce students to persuasive pretrial advocacy in the criminal case. Unlike what you might see on television, criminal cases are not usually won in 22 minutes in the courtroom. Rather, the bulk of criminal litigation is handled pretrial through pleadings, discovery, witness interviews, and pretrial motions. The course will prepare students for practice in criminal law by focusing on the application and expansion of their legal writing skills in a criminal law context. Through written assignments and class discussions, students will engage in various pretrial activities found in criminal practice, which may include moving for discovery and preparing other motions and briefs for trial. Close Window

This course is designed to enhance the student's brief writing skills in preparation for writing Moot Court tournament briefs. Moot Court team members are required to enroll during their fall, second-year semester. Students who take Advanced Brief Writing cannot take the Appellate track in Advanced Practice. This course is available only to Moot Court members. Close Window

This course will introduce students to the legal regulation of efforts to influence government action in our democracy, focusing on the interrelated legal regimes governing the advocacy industry, including federal lobbying disclosure laws, the Foreign Agents Registration Act, and state lobbying regulations. A key goal of the course will be to enable students to gain some appreciation of the difficulty and complexity of the issues raised by the attempt, in fashioning these legal regimes, to balance the goal of curbing corruption and improper influence with the need to permit the legitimate advocacy and expression of views that is protected by the First Amendment, to some degree, and that is desirable in any event in a vibrant democracy. Close Window

Knowledge about the various alternative processes of dispute resolution, as well as the law of ADR is quickly becoming indispensable to the civil legal practice of law. This survey course will introduce students to the important legal principles and issues posed by the growing use of ADR within the legal system. Further, the course will focus on the different types of alternative processes available to lawyers, with the goal of recognizing that conflict can present opportunities for significant change and growth that will enable lawyers to more adequately represent the interests of their clients. Close Window

This seminar provides a broad overview of contemporary jury system management and trial procedure with an emphasis on current policy debates concerning the American jury. The course begins with a brief review of the history of the jury and current public perceptions of its role in contemporary society. It then examines the jury selection process from summoning and qualification procedures through voir dire. After a brief examination of jury behavior and decision-making based on contemporary social science, the course focuses on contemporary issues concerning the American jury in civil and criminal litigation. Specific topics include juror comprehension of expert testimony, civil jury verdicts and awards including punitive awards, racial and ethnic bias in criminal verdicts, and the effects of death qualification procedures in capital juries. Grades are based on a combination of homework assignments, short essays, a group project and class participation. Close Window

Appellate Clinic II will continue the work of Appellate Clinic I, introducing students to a more in-depth look at appellate practice in the federal Courts of Appeals and the United States Supreme Court. Students will continue to work as a team to identify cases suitable for the clinic and work as pairs to prepare appellate briefs in cases involving the First and Fourth Amendments. Students will be graded based on the quality of their written product, and when appropriate, oral argument, as well as their level of effort and participation in preparing ancillary appellate materials such as appendices and filing documents. Successful completion of LAW 788 Appellate Clinic I, and either LAW 140A Advanced Writing Practice-Appellate Advocacy OR LAW 730 Advanced Brief Writing and LAW 115 Professional Responsibility OR LAW 117 The Legal Profession AND LAW 308 Applied Evidence in a Technological Age OR LAW 309 Evidence are required prerequisites. A Third Year Practice certificate required. Graded course. Close Window

This clinic will introduce students to appellate practice in the federal Courts of Appeals and the United States Supreme Court. Students will work as a team to identify cases suitable for the clinic and then work as pairs to prepare appellate briefs in cases involving the First and Fourth Amendments. In Clinic matters, students will prepare briefs on the merits, amicus briefs, petitions for rehearing or certiorari, appendices, and other appellate filings. For cases in the federal courts of appeals, students will present oral argument when the court allows. Classes will meet every week for general instruction on appellate practice and to discuss draft briefs, petitions, and issues that have arisen in the Clinic's cases. Students will be graded based on the quality of their written product, and when appropriate, oral argument, as well as their level of effort and participation in preparing ancillary appellate materials such as appendices and filing documents. Graded course. Appellate and Supreme Court Clinic II will be offered in the spring semester for those who choose to enroll and have successfully complete Appellate and Supreme Court Clinic I. Graded course. Clinic is limited to 3Ls. Successful completion of LAW 140A Advanced Writing and Practice-Appellate Advocacy OR LAW 730 Advanced Brief Writing AND LAW 115 Professional Responsibility OR LAW 117 The Legal Profession AND LAW 308 Applied Evidence in a Technological Age OR LAW 309 Evidence are course prerequisites. Receipt of Virginia Third Year Practice certificate required. Graded course. To receive credit for this course, each student MUST attend the first meeting. Close Window

This course will examine important cases in the field of Foreign Sovereign Immunities Act and Anti-Terrorism Act litigation and other areas involving claims against or the defense of foreign governments before United States federal courts and administrative agencies. Students will consider litigation involving Holocaust survivors, victims of the regime of the Islamic Republic of Iran, victims of Hamas suicide bombings and other incidents of terrorism sponsored by foreign states or aided and abetted by international banks. Discussion will focus on the practical implications and challenges of pursuing civil remedies, the enforcement of outstanding judgments and the intersection of such efforts with U.S. foreign policy concerns. Students will be required to write a 10-15 page paper due after the conclusion of the course. 1 credit (pass/fail). Close Window

A study of the Copyright Act, with coverage of the subject matter of copyright, copyright ownership and transfers, the nature of copyright rights, copyright infringement, remedies, and First Amendment considerations. Close Window

The Domestic Violence Clinic offers students who have their third-year practice certificate the opportunity to provide legal representation to victims and survivors of domestic violence, dating violence, stalking and sexual assault under the supervision of practicing attorneys. The Domestic Violence Clinic students work on cases both with the the Legal Aid Office of Eastern Virginia and other clients from the community. The Domestic Violence Clinic represents clients in cases involving protective orders, immigration issues, family law issues, and landlord/tenant. Taught by Professor Darryl Cunningham and Lindsay Barna. Successful completion of LAW 115 Professional Responsibility OR LAW 117 The Legal Profession AND LAW 308 Applied Evidence in a Technological Age OR LAW 309 Evidence are course prerequisites. Pass-fail course. Close Window

The William & Mary Elder Law Clinic provides free legal services to individuals 55 years and older in the greater Williamsburg community. Through its students and staff attorneys, the Elder Law Clinic provides legal assistance on matters such as: basic estate planning (wills, powers of attorney, medical directives, and probate), guardianship/conservatorship actions, elder abuse and consumer protection cases, Medicare and Medicaid, and nursing home and senior housing issues. Clinic students will represent low- income clients in a variety of legal matters. They will interview clients, conduct the necessary factual investigation and legal research for cases, draft legal document and pleadings, prepare clients for hearings, and represent clients and hearings. Students will also make a community-based presentation on an elder law issue. Students will work in teams with each team member handling a caseload of four to five cases at a time. They will take primary responsibility for representing clients under the supervision of clinic faculty. Students will be expected to spend eight to ten hours per week in client representation. Three graded credits. Close Window

This course addresses the legal and practical issues inherent in conducting electronic discovery in civil cases, especially under the Federal Rules of Civil Procedure. No special information technology knowledge or background is required. NOTE; students may not register for this course if they are registered for, or successfully completed, Electronic Discovery, LAW 358. Close Window

Open to 3Ls, the Family Law Clinic offers students who have their third-year practice certificate the opportunity to represent and advise clients in custody, support, divorce, adoption, and equitable distribution matters. Students will represent individuals with limited financial means from the Williamsburg Office of the Legal Aid Society of Eastern Virginia (LASEVA), as well as victims of domestic violence who are seeking to move forward with their lives following an abusive relationship. Students will receive training and experience in working with clients and individuals who have experienced trauma. Students will also learn courtroom skills, that they will use to represent their clients. Taught by Professors Darryl Cunningham and Lindsay Barna. Pass-fail course. Successful completion of LAW 115 Professional Responsibility OR LAW 117 The Legal Profession AND LAW 308 Applied Evidence in a Technological Age OR LAW 309 Evidence are course prerequisites. Close Window

Eligible placements include Federal agencies and the JAG Corps. They also include Congressional committees and members of Congress, subject to the prohibition on partisan political activities and lobbying. Federal Public Defenders are covered by the Public Defender Externship; U.S. Attorney offices are covered by the U.S. Attorney Externship. Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-4 credits. Close Window

Foreign and International Research is a 1-credit pass/fail course that introduces students to a variety of foreign and international law sources and research methods over seven class sessions. Students will learn how to efficiently research secondary information, treaties, and other international agreements, foreign and European Union law, and United Nations documents. Classes meet once a week for seven weeks, and students complete in-class and out-of class research assignments. There is no final exam or required textbook. Close Window

This clinic offers eight students the opportunity to engage in the legal investigation and research of inmate claims of actual innocence under Richmond attorney Fred Gerson. Using primary sources including police and forensic reports, court pleadings, transcripts, appellate briefs and opinions, students will research and prepare written summaries of the cases referred to the Clinic by the Mid-Atlantic Innocence Project (MAIP), so that MAIP may determine whether or not to pursue the innocence claim. Students will have the opportunity to conduct interviews of inmates and possible witnesses, as well as other preparatory case work with private investigators, forensics experts and attorneys. The Clinic's focus will include DNA evidence, investigative activities, post-conviction remedies and procedures, and in-class simulations. Students will gain an understanding of the various ways innocent people are convicted and discuss remedies for exoneration. In-class discussions will systematically prepare students to undertake the investigations necessary to assess prisoner's claims of factual innocence. Although the investigations are as varied as the cases, they can generally be placed into two categories; (1) cases involving searches for DNA evidence, and (2) cases involving non-biological evidence. In all of the cases, students, supervised by the professor and MAIP staff and volunteers, will work with the prisoner, former attorneys, courts, and police departments to create complete files to determine an investigative strategy. In DNA cases, students contact (and sometimes visit) courthouses, police departments, labs, and hospitals to determine whether any testable physical evidence remains in files or warehouses from cases that are often decades old. In non-DNA cases, students will interview eyewitnesses, alibi witnesses, co-defendants, and, in some cases, alternative suspects, and perform other necessary investigation, again to include travel throughout the Commonwealth. Occasionally cases also require travel to a prison in order to interview a prisoner. Ideally, in instances where MAIP accepts the case and assigns it to an attorney, the Clinic students who worked on the case will remain involved with it, thus preserving continuity and providing students with an even fuller learning experience. Innocence Project II will be offered in the spring semester for those who choose to enroll and have successfully completed Innocence Project Clinic I; ideally the students from IP I will enroll in IP II, for a more in-depth semester of work and skill building on their assigned cases. Prerequisites: Students must be enrolled in or have completed Evidence. Weekly clinic seminar Thursdays 4:00 - 6:30 pm. To receive credit for this course, each student MUST attend the first meeting. Pass/fail course. Pre or Co-requisite: Evidence Law 309 or Law 309T. Close Window

Students in the Innocence Project Clinic II will continue to work on cases assigned in the Innocence Project Clinic I, engaging in more in-depth investigative activities, post-conviction remedies and procedures, and in-class simulations relating to inmate claims of actual innocence. Building on the foundation laid in Innocence Project Clinic I, the in-class portion will focus on client and case specific theories of innocence, and will include skills development in interviewing witnesses, handling ethical issues, organizing investigative tasks, and digesting transcripts, among others. The class is designed such that students will act as intake investigators to determine whether representation of a prisoner's claim of innocence should be undertaken. The work entails understanding core legal concepts relating to criminal trials, reading transcripts, performing legal analysis, and investigating cases in order to determine whether an inmate has a claim worth pursuing. Prerequisites: Innocence Project Clinic I Close Window

Arbitration has become the prevailing method for the resolution of disputes in international commerce. This course will survey the sources of law governing the practice of international commercial arbitration. Those sources include international treaties, domestic legislation, the rules of arbitral institutions, and various sources of "soft law" promulgated by organizations such as the International Bar Association. Particular attention will be given to both the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the United States Federal Arbitration Act, although students will also be exposed to arbitration statutes in other jurisdictions through the UNCITRAL model law. Students will read U.S. Supreme Court cases applying the FAA, in particular the Court's "arbitrary" jurisprudence. Some unique features of arbitration in the U.S., such as class arbitration and consumer arbitration will be explored. In addition, the course will survey the unique aspects of arbitration of investment disputes against sovereign states under investment treaties. Throughout the course, students will be exposed to various practical issues, including how to draft an enforceable arbitration clause to identify "pathological" clauses. This will be a graded course and the final grade will be based on a final examination and class participation. Close Window

Eligible placements include judges (including administrative law judges); hearing officers; courts; and organizations that provide research, educational, and management services to judges and courts (e.g., the National Center for State Courts, the Federal Judicial Center, the Administrative Office of the U.S. Courts). Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-4 credits. Close Window

Much of the law school curriculum, especially in the first year, focuses on judge-made common law. But for many lawyers today, reading and interpreting statutes is more important. This course will provide you with an overview of the legislative process, which is the source of those statutes. It will consider the distinctive features of statutory law as opposed to other forms of law. Most importantly, the course will introduce you to various approaches to interpreting statutes and teach you the rules and doctrines of statutory interpretation used in federal and state courts – material with great practical value as well as theoretical interest. The course will also give some attention to the role of administrative agencies as implementers and interpreters of statutes. Grades will be based primarily on a final examination. Students who are taking or have previously taken Statutory Interpretation, LAW 638, are not eligible to enroll. Close Window

Open to 3Ls, the Federal Tax Clinic offers eight students the opportunity to assist in the representation of low income Virginia taxpayers seeking assistance from the nonprofit Community Tax Law Project before the IRS, U.S. Tax Court, and U.S. District Court. Students will find it helpful if they have taken Federal Income Tax, however Tax is not a prerequisite. Taught by Professor Craig Bell. Pass/fail course. Close Window

This course is designed for students who are interested in how to effectively incorporate mediation theory into practice. Different models and approaches to mediation will be discussed and students will learn a broad range of skills and techniques through lectures, discussions, video simulations, exercises and role-plays. The process of mediation including convening and preparing for mediation, opening the mediation session, defining the issues, facilitating communication and creative problem-solving, and structuring a mediation will be covered. Skills that are valuable for mediators and advocates such as developing trust and rapport, active listening, formulating questions, gathering information, reframing, and effective interaction for facilitated decision making will be covered. In addition, we will examine legal, ethical and policy issues that arise in the mediation context. Close Window

This course will explore the theoretical and strategic fundamentals of negotiating in a variety of legal situations. The course will be taught in a once-weekly, 2 1/2 hour format and will focus heavily on class exercises and simulations by students working in teams of two, three, or four. The course will cover various issues central to the topic, including the stages of negotiation; psychology of negotiation and related issues such as verbal and non-verbal communication and power and control in the bargaining process; the principal-agent relationship; substantive and strategic differences between unilateral and multilateral negotiations; and the law of settlement. The course grade will be based on (1) student participation in class discussions and exercises; (2) student performance in simulated negotiations; and (3) a final exam which will draw heavily on weekly class discussions of the assigned class materials. Close Window

Open to 2Ls and 3Ls, the Puller Veterans Clinic – Disability Compensation and Appeals offers students the opportunity to acquire varied law practice skills through actual representation of military veteran clients. They gain first-hand experience with a major federal administrative law system: by learning about veterans' disability law and procedure, they gain insight into the many issues and challenges that arise in such systems. Each student works on individual cases, drafting and filing disability claims and arguments in support, developing evidence, and appealing within the VA and sometimes in the courts, often working with psychologists in a medical-legal partnership. There is a required day-long Boot Camp on the first Friday of class. Graded course. Close Window

This course involves a study of the law of judicial remedies, both legal and equitable, and focuses on the nature and scope of available relief. The course emphasizes the various remedies available, including compensatory and punitive damages, injunctions, declaratory judgments, restitution, and enforcement proceedings. It provides a brief study of the development of chancery courts and the continuing distinction between equitable and legal remedies. Special attention is given to the appropriateness of various remedies to given situations. Substantive examples will come primarily from contract and tort law, but property interests, statutory violations, and constitutional harms also will be discussed. Close Window

The course will focus on litigation under 42 U.S.C. § 1983—the statute most commonly used to protect Americans’ constitutional rights. Topics covered will include the history of the statute, the categories of defendants who can be sued under the statute, theories of liability, available remedies, defenses to suits, immunity from suit, and awards of attorneys’ fees. The course will also cover the relationship between substantive rights and the litigation tools provided by the Federal Rules of Civil Procedure. The course will explore the major Supreme Court cases that define the principles of § 1983, and the class will discuss how the principles apply to actual cases that have arisen and been litigated in Virginia. Students will be graded based on a paper (approximately eight to ten pages) based on facts provided to the students, and classroom participation. Close Window

Open to 2Ls and 3Ls, the Special Education Advocacy Clinic (PELE) I offers eight students the opportunity to assist children with special needs and their families in special education matters. Taught by Professor Christina Jones. Graded course. Close Window

Eligible placements include state or local government agencies and offices, such as city/county attorneys, attorneys general, and state legislators. This type of externship covers all William & Mary offices. Placements with prosecutors and public defenders are covered by their respective externships. Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-4 credits. Close Window

Technology-Augmented Trial Advocacy combines instruction in traditional trial practice, including basic deposition practice, with contemporary technology-augmented trial practice techniques, including use of a high-tech record at trial, technologically presented evidence, and remote witness testimony. The course will address trial strategy, jury selection, opening statements, presentation of evidence, including the examination of witnesses, closing arguments, and preparation of jury instructions and will encompass both civil and criminal cases. The course requires satisfactory completion of a jury trial using role-played witnesses. This is a 4-credit pass/fail course open to second-year and third-year students. Students may not enroll in or have Basic Adv Litigation (LAW 720), or Medical Malpractice Trial Advocacy (LAW 472) for credit. Students may take or have taken National Trial Team Trial Ad. Pre- OR co-requisite: current enrollment or completion of Evidence or Applied Evidence. Close Window

Eligible placements include the divisions/sections of the Virginia Attorney General's office. Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-4 credits. Close Window

A review of the Virginia statutes and Rules of Court governing criminal procedure in Virginia's courts. Covers Va. Code Title 19.2, Rules of the Supreme Court of Virginia affecting criminal and traffic litigation and a large number of cases interpreting the statutes and rules. The course also lightly covers appellate procedure for criminal cases. Some of the topics covered are jurisdiction, venue, pre-trial motions and procedures, competency and insanity issues, trial, sentencing and appeals. It is not a constitutional law course but there is discussion of how state statutes and rules mesh with constitutional requirements. Course is structured for students who wish to do criminal litigation, either as defense counsel or prosecutor in Virginia. This course is open to 2L and 3L students. Either having completed or being enrolled in Criminal Procedure I & II is helpful, but not required. Close Window