Elective Courses by Title

This class is a one credit, pass/fail course whose enrollment is limited to ADR team members. The course will assume a basic level of familiarity with major ADR disciplines, and will focus on dealing with the intricacies of each discipline, particularly the problematic scenarios that often arise in tournaments and in real world practice. For example, a class session might focus on techniques for dealing with deadlocks in negotiations, handling a hostile party in mediation, or drafting a brief for an arbitration hearing. Though students will be expected to read regular assignments and the class will feature some lecture and discussion pertient to particular facets of the weekly topic, the course will have a heavy practice focus including various in-class exercises and roleplay scenarios giving students a chance to practice their techniques. At the end of each unit, each student will participate in a full simulation round of each kind of ADR discipline, and will be given feedback by peers, the instructor, and volunteer practitioners recruited by the instructor. Grading will be based on class participation, performance in roleplays, in-class exercises and a brief writing assignment.

This course provides an introduction to basic financial accounting, auditing, and finance for students who have not previously taken an accounting course. The course will be limited to such students unless they receive permission from the professor. Accounting topics will include basic accounting procedures and principles, and the analysis of basic financial statements including the balance sheet, income statement, and statement of cash flows. Auditing will focus on the role of the auditor and the meaning of audit reports. Finance topics will include "time value of money" issues and business valuation topics. All topics will emphasize implications for the legal profession. This course has been revised and has been increased to three (3) credits in order to provide necessary business background and greater depth in each topic area.

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. Indeed, administrative law is essential to justice in a modern society because administrative agencies generate most of the law that actually affects our lives and because administrative agencies adjudicate far more disputes than the traditional judiciary. This course is an introductory examination of the rules and procedures governing agency decision making. It explores (1) how agencies make policy and (2) how businesses, interest groups, and citizens challenge agency policymaking in court.

Admiralty Law: A comprehensive survey of contemporary maritime law. Topics to be addressed include admiralty jurisdiction and procedure, the creation and enforcement of maritime liens, limitation of liability, maritime contracts, ship mortgage law, marine insurance contracts and principles, bills of lading, general average, and other maritime cargo issues, pilotage, towing, salvage, the law of seaman's injury and death, mariner's licensure, dealing with the modern piracy challenge, and an introduction to maritime environmental law. The course will have a practical focus, emphasizing legal concepts and practice tips of particular use to counsel representing ship owners, operators, seamen, marine insurance carriers, cargo interests, and others on a day-to-day basis.

The course will provide some preparation for counseling and representing persons who are unable to have children by normal reproduction or who prefer to become parents through adoption. We will study statutory bases for terminating the status of birth parents and for selection and approval of adoptive parents. We will learn the legal consequences of adoption, obstacles to adoption that arise from state and national boundaries, and what occurs when an adoption is disrupted after the child has lived with the adoptive parents for some time. We will also devote some attention to the law governing the alternative to adoption that is presented by assisted reproduction.

This course is a co-requisite with Law 114B Advanced Practice: Civil and Law 114C Advanced Practice: Criminal. Students will attend a once weekly class for the first six weeks of the semester that will focus on persuasive writing skills. This class emphasizes clear and effective reader-focused writing that is tailored to a particular audience. Students will build on objective writing techniques and learn to adapt their writing to a persuasive context. Students will learn techniques for writing persuasive legal arguments, persuasive fact statements, and persuasive rules and rule explanations. This class will complement the curriculum and instruction in the Pretrial Civil and Criminal classes.

The course will prepare students for practice in the appellate field. Students will receive in-depth instruction on persuasive writing and oral argument and will receive practical training in appellate advocacy. Students will have opportunities to review a trial record, create an appendix, and strategize which issues to bring on appeal. Students will note an appeal, write and revise a substantial appellate brief, and orally argue a case. This class does not require a supplemental writing class, but will have a more substantial out of class writing requirement.

The Pretrial Civil course is designed to introduce students to persuasive pretrial advocacy in a civil context. The course will prepare students for practice in civil litigation by introducing them to writing and practical skills necessary to represent a client in a civil case. Students will follow a single civil case from pre-litigation negotiations through the complaint and answer, discovery, and pre-trial motions. Students will learn civil litigation skills through a variety of practical assignments, such as drafting pleadings, conducting discovery, and engaging in alternative dispute resolution. Students will also write a demand letter and one or more substantive motions and briefs in support of motion(s). In addition to attending practice classes with adjunct professors, the students will register for and attend an additonal required writing class for the first six weeks of the semester. At the end of the semester, students will present oral arguments on a substantive motion.

The Pretrial Criminal course is designed to introduce students to persuasive pretrial advocacy in the criminal law context. 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. Students will follow a single criminal case from the commission of a crime to the start of trial, focusing on the behind-the-scenes issues that criminal lawyers are forced to address every day. Students will receive reports of a crime, interview the defendant and/or the victims, investigate the evidence, and determine which charges to bring. Students will then engage in various pretrial activities typically found in criminal practice, such as moving for discovery, preparing exhibits for trial, and negotiating plea deals. Students will write two or more substantial motions to suppress. In addition to attending practice classes with adjunct professors, the students will register for and attend an additional required writing class for the first six weeks of the semester. The class will culminate with a final oral argument based upon a written motion to suppress.

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.

This two-credit course will examine advanced topics in election law taught by a leading practitioner in the field. This course will teach students how election attorneys approach litigating and representing clients in day-to-day election law practice. Students in this course will be required to read a series of full, un-edited cases for each of the topics covered. Specific subjects will include state versus federal powers in elections; individual rights versus state rights in elections; equal protection/due process claims since Bush v. Gore; photo ID controversies; regulation of money in elections; and disclosure/privacy in elections. Students will be expected to have taken Law 398 Election Law as a prerequisite for the Advanced Election Law course. However, students with election law experience may be allowed to register with instructor approval. Grades will be determined on the basis of class participation (10%) and a 20-25 page final paper (90%).

Advanced Research Techniques I is a 1-credit course that introduces students to a variety of print and electronic research sources over a four-week period. Students may attend four 2-hour presentations over a two week period, and must complete four research assignments. Students may enroll in ART I or ART II or both. ART I is not a prerequisite for ART II. Advanced Research Techniques I develops skills in researching secondary and primary sources in U.S. Law. Students will learn how to efficiently research treatises and journals, proposed and enacted legislation, agency regulations and documents, legislative and administrative history, and court and agency decisions. Both subscription legal databases and free topical websites are emphasized.

Advanced Research II is a 1-credit course that introduces students to a variety of foreign and international law research sources and methods over four class sessions. Students will learn how to efficiently research secondary and business information, treaties and other international agreements, foreign and European Union law, and United Nations documents. Classes are conducted over a two-week period, and students complete four research assignments. Students may enroll in either ART I or ART II or both. ART I is not a prerequisite for ART II. This course is pass/fail.

The course will primarily address trial tactics including opening statements, closing arguments, and direct and cross-examination of witnesses. The course would also address other trial skills such as depositions, other forms of pre-trial discovery and evidentiary objections. Class participation is required. This is a pass/fail course. Prerequisite: Trial Ad

This short course provides an introduction to the laws and regulations relating to advertising and marketing in the United States. Topics to be covered will include the assessment of truth and falsity in advertising, copyright law, trademark and unfair competition law, rights of publicity and privacy, and FTC and other regulatory schemes. Grades will be based on a final examination.

This course will introduce students to the multi-tiered and often contradictory ethics rules governing those who lobby government officials at the federal, state and local levels. The course aims to expose students to the various lobbyist registration, licensing, and reporting requirements (including HLOGA, FARA, and selected state and local requirements) in order to give students a broad survey of the differing regimes applicable to the industry. A primary focus will be on the types of conduct prohibited for lobbyists (and the government officials with whom they deal) and the policy choices and implications feeding, and stemming from, those ethics regulations. Students should emerge from this course with an understanding of the rules governing lobbyists at all levels of government, as well as a comprehension of the challenges inherent in the American system of government in creating and enforcing a uniform set of standards. Students will be asked to examine not only the legal requirements but also real-life scenarios faced by lobbyists and ethics regulators, and to consider the policy implications behind the decisions those actors make. Grading: 10-12 pp paper.

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.

This course will explore the various processes of Alternative Dispute Resolution (ADR) available to attorneys and their clients, with particular focus on negotiation, mediation, arbitration, and court and agency-annexed ADR. The role of the lawyer in counseling a client and recommending a specific ADR process will be examined, as will the role of technology in ADR (including online ADR), and the ethical issues that surround a lawyer's participation in ADR processes. Skills in communication and ADR processes will be developed through role play and simulation exercises, both in and out of class, throughout the semester, with learning reinforced through a reflective journal.

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.

This seminar offers a practical survey of legislative and regulatory effects and litigation on behalf of animals under U.S. and International law. The course will address the historical status of animals in the law; the current application of animal protection laws for companion animals, wildlife, and farm and other domesticated animals; legislative efforts and citizen initiatives to strengthen animal protection laws; and the limitations on implementation and enforcement of laws addressing anti-cruelty, wildlife, marine mammal and other areas of animal protection and the impacts of free speech, religious expression, and other Constitutional provisions on animal protection statutes will be explored.

Anticanon Supreme Court Decisions: Rulings that Damage the Court and the Country: Jamal Greene, in a 130-page article entitled "The Anticanon," 125 Harv. L. Rev. 279 (2011), distinguished between the "canon" and the "anticanon." The first covers Supreme Court cases generally featured and analyzed in major casebooks. The latter applies to cases so wrongly decided that the legal community treats them as lacking in precedential value. There is broad agreement on four anticanons: Dred Scott v. Sandford (1857), Plessy v. Ferguson (1896), Lochner v. New York (1905), and Korematsu v. United States (1944). This one-credit course will look at a broader universe of two dozen cases that did damage to the Court and the country. We will examine the claims of judicial supremacy and judicial finality. The Court often cites Marbury v. Madison to support both claims, but a close look at the case demonstrates that Chief Justice John Marshall had something more modest in mind. At times the Court recognizes the deficiency of an earlier decision and will overrule it. On other occasions, as with Korematsu, a decision is not overruled but is widely condemned for its reasoning and consequences. Broad and sustained public opposition prompted the Court to reverse its rulings in many areas, including child labor regulations, the 1940 flag-salute case, and school busing. As with other branches of government, the Court has had its highs and lows, contributing to individual rights and freedoms in some cases while undermining them in others. In examining these cases, we will see certain patterns: the Court reverses itself because its composition changes, a Justice switches his vote and we don't who, inventing such doctrines as "liberty of contract," acting on false information in a contrived case, misrepresenting historical precedents, deferring to executive branch racist policy, deciding a case without looking at a disputed document in camera, and announcing rulings too broad to withstand scholarly and public scrutiny.

A study of restraints of trade, mergers and monopolies. The central concern of the course is to analyze what laws are necessary to protect a system in which goods are allocated by competitive markets.

Antitrust & Mergers Using recent real world examples, this course will examine the application of U.S. antitrust laws to evaluate the competitive effects of mergers. The relevant statutes covered will be the Sherman Act Section 1, the Clayton Act, the FTC Act, the Hart-Scott-Rodino Act and EU Title 81. The course will begin with an examination of these statutes and the two federal agencies jointly Merger Guidelines. It will then move to examine the relevant case law, FTC decisions and DOJ statements on product market definition, geographic market definition, competitive effects analysis, and the increasing importance of efficiencies in merger analysis. The course will end with an examination of the divergent views on merger analysis between the U.S. authorities and the EU. The course will deal with the antitrust laws of the United States, a topic covered by the law schools current course on antitrust. The proposed course, however, will focus on the application of antitrust laws to mergers and the merger review process conducted by the federal agencies and the EU. Suggested prereq or co-req: Antitrust

Appellate Clinic II will continue the work of Appellate Clinic I, introducing eight 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 Appellate Clinic I is a prerequisite. Graded course.

Appellate & Supreme Court Clinic I: This clinic will introduce eight 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. Students will interview for admission into the Clinic with Richmond attorney, Tillman Breckenridge, and there will be a preference for students who have taken Federal Courts or the Appellate Advocacy Track of the Legal Practice Program, though neither is a prerequisite. 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. IMPORTANT!! Participation in this clinic is by application and selection by the professor. To apply, send your resume, transcript and writing sample electronically to Professor Breckenridge at TBreckenridge@reedsmith.com by April 3rd; interviews by Skype or in person will be held on or about April 10th, and invitations to enroll extended soon thereafter. Please note that preference will be given to those students who intend to take Appellate & Supreme Court Clinic II, to be offered in the spring as a three credit graded course, following successful completion of Appellate Clinic I. Clinic is limited to 3Ls and has an enrollment cap of 8 students. To receive credit for this course, each student MUST attend the first meeting.

Applied Evidence in a Technological Age: This four-credit course combines all of the elements of a traditional evidence course along with basic oral and trial advocacy and courtroom technology. The course will concentrate on the Federal Rules of Evidence from a pragmatic perspective. It will also address the evidentiary implications of modern electronic evidence. In addition to the study of fundamental evidentiary concepts, students will try a simple bench trial with traditional and electronic evidence using the McGlothin Courtroom's state-of-the art courtroom technology. This course is supported by the Center of Legal and Court Technology which will train students in the use of the McGlothin Courtroom's evidence presentation technology and provide clerk of court administrative support. Students who take Applied Evidence in a Technological Age may not take Law 309 Evidence. This course satisfies the Third Year Practice requirement.

This seminar is designed to explore two issues-attribution and authenticity-that lurk in at least two separate regimes of intellectual property law--copyright and trademark. By preserving a system of indicators of the sources of goods and services, trademark law both reduces consumers' search costs in the marketplace and, relatedly, encourages producers to maintain consistent quality in the goods or services associated with a particular trademark.These interests are no less important in areas that are traditionally the province of copyright law: books, music, painting, and film, to take just a few examples. For these creative pursuits, source identification serves not only a reader's, viewer's, or listener's interest in selection but also the author's or artist's interest in attribution. But neither trademark law nor copyright law addresses particularly well these needs and desires for attribution and authenticity. This course will consider the related problems of attribution and authenticity from the perspective of both trademark law and copyright law as well as consider whether extralegal norms and traditions do a better job of addressing the needs of authors and audiences. Students will be required to participate in class discussions and submit a 10-20 page paper related to the topic of the course.

The course covers the regulation of banks and other financial-services institutions. Specific topics include the definition of banking, the regulation of bank activites and capital structure, and the resolution of failed banks. The course also covers the financial crisis of 2007-2009, the resulting Dodd-Frank legislation, and international efforts to prevent future crises (such as Basel III accords).

Bankruptcy Survey This course will examine the federal Bankruptcy Code. Issues to be discussed include property of the estate, the automatic stay, claims, preferences, exemptions, priorities, and discharges. We will review these issues as they arise in liquidations under Chapter 7, corporate reorganizations under Chapter 11, and wage earner adjustments under Chapter 13. Students enrolling in this course can not also register for nor have taken Law 421 Business Bankruptcy, Law 406 Consumer Bankruptcy.

Preparation and editing of student notes for the William and Mary Bill of Rights Journal; and editing of professional articles. Limited to the board and staff members of the Journal.

Explore the manner in which the law affects ethical issues of national and individual health care as they impact health care policy in the twenty-first century. Covers emerging and developing issues such as: legal and ethical issues of technical advancements in human reproduction, medical research involving human subjects, and organ harvesting and transplantation; definitions of death; accommodation of humanity in the dying process; and ethical consideration involving the administration and cost of health care to society.

This course will explore the manner in which the law affects ethical issues of national and individual health care as they impact the most acute questions of health care policy in the twenty-first century. Materials presented will cover emerging as well as developing issues relating to classic and contemporary constructs of ethical appraisal and analysis and their application to topics such as: legal and ethical issues of technical advancements in human reproduction, medical research involving human subjects, and organ harvesting and transplantation; definitions of death; accomodation of humanity in the dying process; and ethical considerations involving the administration and cost of health care to the totality of society. The course will be presented through traditional case and statutory material, integrated with analysis of prevailing and proposed medical, economic and ethical applications. Where appropriate, client oriented problems will be utilized to introduce legal practice reality into abstract issues of medical, legal and ethical principles.

Entrepreneurship: Business and Legal Problems Entrepreneurship: Business and Legal Problems The Mason School of Business and the Marshall-Wythe School of Law will offer this course jointly. It is designed to familiarize 1) MBA students with the bodies of law and legal issues faced in a start-up, or smaller business enterprise and in the financing of an enterprise; and 2) to familiarize law students with the kinds of legal and business issues business executives face. Both business and law students will gain a hands-on understanding of how business executives and lawyers can work together to deal efficiently and effectively with matters inextricably part business and part legal. The course will have as its operational context the development and implementation of an actual business situation which will include a business plan. Students will be divided into teams with each team having a legal component (in-house counsel) and a business component executive team). The executive team will be primarily responsible for developing and implementing the business aspects of the enterprise, while in-house counsel will be responsible for raising and solving associated legal issues and implementing the necessary legal structures and agreements. The teams will be required to work together as they would be in any business to develop and implement the business plan and to bring the specified business case to commercial viability. In-house counsel will be paid (graded) in part by the executive team and executive performance will be assessed (graded) in part by in-house counsel. There will be a professor from each School with overall responsibility for the course and for the respective groups of students. Individual class sessions will usually involve other professors from the respective schools and outside resources as well. The class meetings will alternate weekly between the Mason School Marshall-Wythe. The course will use two texts: The Entrepreneurial Venture, 2nd Edition and The Entrepreneur¿s Guide to Business Law, 2nd Edition. This is a non-law course cross listed with law. The course materials will be found in Blackboard.

An introductory examination of the law applicable to contemporary forms of business enterprise: the general partnership, the limited partnership, the limited liability parternship (LLP), the limited liability company (LLC), and the corporation. The course begins with an introduction to the principles of agency, which govern all these forms of enterprise. The course then explores the process of organization, formation and capitalization, limits on investors personal liability, and the role of fiduciary duties in different business contexts. We will then examine how these duties are enforced under state (and some federal) law. This course is a general introduction to the field. Students who take Business Associations may not take Corporations or Small Business Entities.

Curricular Practical Training in Law: This course is for international JD students in F-1 status who want to engage in a paid summer internship and require Curricular Practical Training work authorization. Prior approval is required from both the University's Designated School Official in the Reves Center for International Studies and the Law School's Associate Dean for Externships. A written report by the student of at least five pages and a written evaluation by the student's field supervisor are due by the date in the course syllabus. The syllabus also describes the format and content of the report and the evaluation. The credit earned for this course does not apply toward the total credits required for the JD degree, nor does the credit count toward the total pass/fail credits permitted for graduation. In addition, this course is distinct from credit-bearing externships. Credit earned for this course cannot be counted toward an externship, and externship credit cannot be counted toward this course 1 credit, Pass/Fail

Campaign Finance The purpose of this course is to provide an overview and in depth understanding of the finance system at the federal and state levels. This will be accomplished through the analysis of the Federal Election Campaign Act or 1971 as amended (¿FECA¿) including extensive analysis of the Bipartisan Campaign Reform Act of 2002 (¿BCRA¿). The course will provide a guide to the practice of campaign finance law from a practitioner¿s perspective. The course will be a thorough review of federal law as it applies to the entities that it affects, including candidates, party committees, PACs, 527¿s, corporations, non-profit organizations and individuals. The course will emphasize a practical preparation for the practice of law in this area through the review of case law, regulatory trends, as well as a review of the institutions that regulate campaign finance law. Students will be encouraged to follow current developments in campaign finance law during the course and should expect broad discussion about the practical, policy and political aspects of the practice of campaign finance law.

Introduction to Civil Law and Comparative Constitutional Law Structured in two parts, the course begins by introducing the particular approach to the law and the distinct way of legal thinking that characterize the Civil Law legal tradition and mark the contrast with the Common Law legal culture. It explores how and why these two legal paths developed and examines the contemporary trend towards convergence. The second part focuses on major aspects of Comparative Constitutional Law. Against the background of successive waves of democratization after the Second World War and the collapse of the Soviet Union, consideration will be given to the issues of constitution-making, designing democracy, constitution-interpreting and constitutional courts. The phenomenon of judicial globalization will also be given special attention.

This course focuses on the strategic options federal law provides to persons atrtempting to resolve disputes through litigation. It introduces students to basic concepts involved in the federal civil adversary system, federal jurisdiction, choice of law, and finalty. Students will explore in depth the policies governing and the mechanics involved in pleading, discovery, and disposition before trial.

Commons, Anti-Commons & Impenetrable Commons This short course will begin by examining the problems presented in effectively managing the use of common resources such as fisheries. Next the course will cover the anti-commons: situations in which excessively splintered property rights prevent the assembly of property interests into socially useful bundles. The course will conclude by considering a novel category of impenetrable commons: situations in which interconnected property rights become literally undecipherable as the number of interested parties grows. The motivating case is the complex web of credits and debits between financial firms exposed by the economic crisis of 2008. For each of these three phenomena, we will begin with theory, consider a number of real world examples, and conclude by considering a range of possible solutions. Students will write 2 to 3 page reaction papers to each day's readings.

This class will cover the legal structure of covenants and servitudes organizing modern community associations. The number of community associations has increased exponentially over the last two decades as local governments have increasingly looked to the private sector to provide amenities and services historically provided by such governments. In addition, these entities have become more prominent as the development focus has been on higher density housing and mixed use developments which combine commerical and residential uses in integrated planned developments. This course will consider the corporate and governance functions of community associations and the legal documents which provide the contractural framework for such governance. Coverage will include discussions of the respective roles and functions of the various parties involved in the formation, management and operation of Community Associations including local government and zoning officials, land planners, developers, investors, lenders, homeowners, boards of directors, property managers, homeowners committees and citizens groups. Class time will consist of a combination of lectures coverning textbook materials and posted reading materials, discussion and consideration of posted problems corresponding to topics covered in class, role playing, and document drafting exercises.

This course will examine the major rules, practices, and modern developments of civil procedure used in legal systems around the globe. Study will focus on dominant legal systems, including the U.S., U.K., Continental Europe and East Asia. Anticipated coverage includes global comparison of the following issues: jurisdiction over the parties, organization of courts and the bar, pleading of facts and allegations, obtaining and proving facts, summary proceedings and provisional remedies, and appellate process. Reform efforts and prospects for the harmonization of procedure may also be covered. Grades will be based on class attendance, class participation, and a substantial writing component.

Constitutional Convergence: US, European and Commonwealth approaches to human rights law. The course examines similarities and differences in the constitutional adjudication of human rights controversies in selected jurisdictions. Through a series of case studies, the course seeks to illuminate two discrete fields: (a) the approach to judicial nullification of statutes (or, alternatively, reading them down or otherwise interpreting them in light of human rights, or declaring their inconsistency); (b) making the public-private distinction (attributing to acts of a non-state actor the character of 'publicness' such that the actor bears the burden of observing rights); (c) rights horizontality (the extent to which private actors are controlled by constitutional norms in their dealings with each other); (d) pre-legislative means to prevent rights infringing laws being enacted. (2) Second, a comparative study of the substance of particulare rights. These rights will be-- (a) freedom of expression, in the context of hate propaganda and offensive speech; (b) freedom of religion, in the context of (i) its interface with anti-discrimination law (ii) religious symbolism in the public sphere and (iii) the question of making exceptions from general law to facilitate free exercise; (c) liberty in the sense of personal autonomy. The comparative focus of the course is the jurisprudence of the US, Canada, the European Court of Human Rights, South Africa, Australia, NZ and certain Pacific states.

An exploration of the legal structure of corporate institutions both in the United States and Europe, emphasizing the control of managers in publicly held corporations; the mechanisms to establish US/European corporations; and the distribution of authority among shareholders, directors and officers. The course then moves to the differing views of the corporation's proper role in society and the present debate, on both sides of the Atlantic, about the ideal corporate governance structure.

This course will serve as both a survey course on family law in the U.S. and an exercise in comparative legal studies. The materials will relate to core topics in family law - marriage, paternity, divorce, property distribution, and child custody and visitation - but will include, in addition to U.S. law materials, primary and secondary sources of law from other countries relating to those topics.

This course introduces and compares sources of law, underlying values and goals, and applications of the major legal traditions of the world, including civil law, common law, Islamic law, Talmudic law, customary law, and Asian legal systems as they originally developed and as they are evolving and changing in the world today. Course satisfies the Major Paper Requirement.

This course will focus on the problems and procedures inherent in complex civil litigation. Class actions and other forms of multiple forum cases will be examined. We will discuss complex discovery issues, including electronic discovery, and their possible resolutions. Both pretrial and trial management of complex cases by the court as well as counsel will be presented. We will explore the use of alternative dispute mechanisms and the effect of claim and issue preclusion by judgments in complex 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.

This course will survey the various attacks on the federal judiciary, including the Court-packing plan, efforts to restrict federal jurisdiction, and recent attempts to limit judicial oversight of the government's conduct in the 'war on terror.' Those events will be contrasted with congressional efforts to empower the judiciary by expanding federal jurisdiction and increasing the number of judges. The course will draw on both legal and political science literature in examining these developments.

Constitution & the Family The Supreme Court has in many ways 'constitutionalized' the family­ mandating application of select constitutional clauses in deciding many family law disputes. This seminar examines the development of the Court's jurisprudence and explores how (and whether) it implicates numerous contemporary issues, including: the extent to which certain family practices should escape state regulation; the constitutional status of marriage (including same-sex and polygamous marriage); limits on child-rearing and parental rights (including the parental rights of adults not biologically related to a child); and reproductive rights, including rights to alternative methods of reproduction and surrogacy. The seminar will also examine state policy-making responses to changing family structures and shifting constitutional doctrine. Texts: There is no assigned casebook. Readings will include relevant Supreme Court opinions; secondary literature, including law review articles and book excerpts (e.g., addressing theoretical underpinnings of law, providing historical backdrop, and including biographical material); and some state statutory excerpts. Requirements: The seminar requires that students attend and participate actively in class sessions. Students will also present to the class an original research paper of publishable quality. Students with more than one unexcused absence may be dropped from the course. Prerequisites: The family law survey course is useful but not a prerequisite. Grading Policy: Both the research paper and class participation contribute to the final grade for the course.

This course concerns the theory and practice of constitution building, with particular reference to experience over the past 20 or 30 years. It will focus on four case studies--South Africa, Iraq, Kenya and Nepal--and through these examples, examine the full range of constitution building processes from their origins, through design choices, drafting, ratification, implementation and subsequent challenges to constitutionalism. Several questions about constitution making will run through the course including: Are there preconditions for successful constitutional making? How do underlying differences in constitutional arrangements in different countries affect the substance and process of constitution-making? What is the impact of the internationalisation on the making and amendment of constitutions? How can the tension between the roles of the people, elites and experts be managed? A short paper 10-13 pages in length is due two weeks, by email, following the completion of the class meetings.

A study of the structure of government, from the role of the courts and the concept of judicial review, through the distribution of power in the federal system and the allocation of power among the three branches of the government, followed by a study of individual rights protected by the Constitution.

The class explores the U.S. Constitution's application to public campuses and prepares law students to teach local high school students about civics through discussion of the U.S. Constitution and the Bill of Rights. The class constitutes the William & Mary Chapter of the Marshall-Brennan Constitutional Literacy Project; therefore, law students are Marshall-Brennan Fellows. The class meets twice a week; it meets once at the law school and once at the Sir Christopher Wren Building. During the law school class, the Marshall-Brennan Fellows will be required to take a stance on constitutional issues as applied to public campuses, speak and think on their feet, attempt to reconcile competing interests, and prepare to teach the weekly class at the Wren Building. During the class at the Wren Building, the Marshall-Brennan Fellows will afford high school students the tools they need to be engaged participants in our republican form of government, thus honoring William & Mary's rich tradition of training aspiring lawyers to be "public citizens". Grading for this course will be on a pass-fail basis. Enrollment is limited to 12 students.

Debtors, Creditors, and Consumer Bankruptcy Law This course will examine extrajudicial and state law collection practices in regard to consumer debt, including discussion of the rights and remedies available to creditors and individual debtors. This class will also focus on federal bankruptcy laws applicable to consumers in chapter 7 and 13 of the Bankruptcy Code. We will review chapters 7 and 13 in depth, highlighting the similarities and differences between the two, and examining the role of the bankruptcy court and trustee with respect to cases conducted under each chapter. Student performance will be evaluated using one exam at the end of the semester.

Coverage of some federal statutory and regulatory laws affecting consumer financing transactions. Included are the Truth in Lending Act, Fair Debt Collection Practices Act, and Federal Trade Commission regulations on [1] elimination of the HDC doctrine on financing of sales of personal property, and [2] certain credit practices in consumer loans.

Contracts This course explores legally enforceable promises, normally exchanged as part of a bargain between private parties. Among the topics that may be covered are: bases of enforcement, capacity to contract, contract information, interpretation, conditions, excuse of performance, and remedies for breach.

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.

This course will explore current issues involved in litigating copyright disputes. The class will cover a range of topics including originality questions, derivative works, technology, special music copying concerns, infringement actions, fair use, remedies, and First Amendment considerations.

This seminar explores current topics in the field of corporate governance, drawing on business and finance sources, as well as traditional legal materials. The class will delve into corporate theory, the increasing activism of boards of directors, the emerging powers of institutional shareholders, and the changing balance between shareholders, board, and management, and the impact of the courts in encouraging business enterprises. There will be a field trip. Satisfies the writing requirement.

Corporate Taxation: This course is an introduction to the federal income taxation of corporations and their shareholders. Topics covered will include the tax classification of business entities, incorporation and capital structure, taxable and non-taxable dividends, stock redemptions, corporate liquidations, corporate reorganizations, and an overview of "S corporations". Prerequisite: Law 311 Federal Income Tax Recommended: Law 303 Corporations or Law 320 Business Associations.

An introductory examination of the law applicable to corporations. This course examines the process of formation and capitalization of corporations, the concept of limited liability, and the role of fiduciary duties in corporate governance. We will examine how these duties are enforced in different settings (public corporations and closed corporations); under state and federal law; and some other recurring litigation and planning issues. Students who take Corporations may not take Business Associations.

An intensive study of the basic doctrines underlying the criminal law, including actus reus and mens rea; the principal substantive and inchoate crimes; the accountability for the criminal acts of others; and the general defenses to criminal liability.

Students earn academic credit by working for public defenders and prosecutors. Placements with U.S. Attorney offices are covered by the separate U.S. Attorney Externship. See the Externship Manual and each semester's syllabus for details. 1-3 credits summer/fall/spring

An in-depth study of the Fourth, Fifth and Sixth Amendments to the Constitution including criminal procedure. Considered are general due process concepts; the right to counsel; arrest, search and seizure; police interrogation and confessions; identification procedures; and the scope and administration of the exclusionary rules.

A study of the constitutional and non-constitutional procedural components of the criminal process. Included are discretionary aspects of the decision to charge; the preliminary hearing; pre-trial release; grand jury proceedings; venue; jury selection; trial procedures; sentencing; double jeopardy; appeals, and post-conviction proceedings. Criminal Procedure I is not a prerequisite.

A survey of all of the major elements of the trial of a criminal case including search and seizure, interrogation, identification procedures, the right to counsel, arrest and prosecution, preliminary hearings, grand juries, jury selection, trial procedure and sentencing. The course will address all of the major issues covered by Criminal Procedure I and II but will do so in less depth. Students who take Criminal Procedure Survey may not take either Criminal Procedure I (Law 401) or Criminal Procedure II (Law 402) for credit.

This two-credit seminar will examine key legal and policy issues arising from the ever-expanding field of cyber crime law. The course will examine these issues from both theoretical and practical perspectives. An important goal of the course is to prepare students for a legal career that will require facility with digital evidence. The successful student should finish the course with the ability to recognize the ways in which cyber crime affects governments, businesses, and individuals, while developing comfort with digital evidence and how it will be used in and out of the courtroom.

Depositions This course will address how to take effective pretrial depositions. Students will learn to identify what is needed to know for the case and then how to elicit the information from the witness that will be useful for pretrial motions, cross examination and examination. Most trial lawyers spend much time taking pretrial depositions, this course will teach effective methods of doing so. Priority registration given to Trial Team members. Prerequisite: Trial Ad or Legal Skills IV

This clinic is a special project. Second and third year students will be researching and writing legal memos to be provided to the prosecutors' office for the Guantanamo military commissions. The client is the U.S. Department of Defense and students will be preparing the memos under the supervision of Professor Malone who is the supervising attorney for the project. Depending upon the number of participants, students will be expected to research and writte 25-30 pages on the provided questions. There will also be one-hour classroom meetings on substantive background issues, student discussion of their work, and international legal research. Grade is based on class participation and the written memos.

An examination of a specialized subject that generally is not offered as a course within our curriculum on a regular basis. This course is arranged between an individual student or group of students (maximum, 5) through readings selected in agreement by the directing faculty member and students. Prior approval by the Associate Dean for Academic Affairs is required. Students are limited to one Directed Reading credit per year. Graded on a pass/fail basis.

An examination of a specialized subject that generally is not offered as a course within our curriculum on a regular basis. This course is arranged between an individual student or group of students (maximum, 5) through readings selected in agreement by the directing faculty member and students. Prior approval by the Vice Dean is required. Students are limited to one Directed Reading credit per year.

Students taking this course will be taught how to learn about the opposing counsel's case; what interrogatories to file; what 'request for productions' to file; how to use 'request for admissions'; when to object to opposing counsel's tactices; where to look for facts and theories. The course will address state and federal court rules of pretrial procedure and how to use the rules and available procedure to your client's best advantage. Priority registration given to Trial Team members. Prerequisite: Trial Ad

Domestic Violence Clinic: This clinic offers 6 students who have their third-year practice certificate the opportunity to work with the Williamsburg Legal Aid Office (Legal Aid Society of Eastern Virginia, aka LASEVA) and local shelters to provide legal assistance to victims of domestic violence and their families. Students will learn the effects of domestic violence, and, under supervision, learn to interview, and provide advice, counsel, and court representation to clients in domestic abuse cases, when available. In addition to meetings with Professor Darryl Cunninham, LASEVA's Managing Attorney in Williamsburg, there is a one and a half hour classroom meeting per week or brief research/writing assignment addressing the current practice experiences of the students and readings of domestic violence law. To receive credit for this course, each student MUST attend the first meeting. Pass/fail course.

This is a seminar addressing the challenges of drafting to facilitate corporate transactions and meet public company disclosure obligations. This course will focus on understanding and manipulating standard agreement forms such as a stock purchase agreement, an asset purchase agreement and related ancillary agreements. The course also will address some of the intricacies of drafting securities laws disclosure. Prerequisite: Law 303 Corporations or Law 320 Business Associations.

This workshop will provide law students an opportunity to hear from leading academics, practitioners, and government officials about civil liberties issues. There will be six sessions over the course of the semester, roughly one every other week. The focus of the 2011-12 academic year workshop will be law and religion. Students will need to attend all sessions and write 5 two to three page pass-fail memos about materials (sometimes draft articles, sometimes briefs, sometimes agency regulations and related commentary). Speakers for this workshop include academics Rick Garnett (Notre Dame Law) Steve Teles (Johns Hopkins), and Chip Lupu (George Washington Law); government officials Chai Feldblum (EEOC Commissioner, on leave from Georgetown Law); and academic practitioners Doug Laycock (UVA Law; Marci Hamilton, Cardozo Law--each of whom has argued before the U.S. Supreme Court). Workshop dates are January 19, January 26, February 2, February 16, March 1, March 22, April 19). Limited to 25 law students.

Since most states routinely refer contested family-related cases to mediaton or other forms of Alternative Dispute Resolution ('ADR'), any student who intends to practice family law should possess a practical understanding of the family dispute resolution process, a problem-solving approach to resolving disputes, where the parties to the dispute, with assistance of an impartial mediator, are in charge of the resolution. The course is designed as an advanced legal skills course with the emphasis on mediation skills and techniques. Through demonstrations, role plays, videotapes, coaching, class discussions, presentations, readings and written assignments, you will be provided with a comprehensive summary of family mediation theories and practices, including the nature of family conflicts and how families fight and will learn about the theory of mediation and its practice from the perspective of a mediator, a party, and an attorney representing clients in mediation. The course is open to 3Ls who have taken General Mediation or other students by instructor permission.

Electronic commerce has swept the nation and continues to increase in size and importance. This three credit course will focus the effect of information technology on commercial transactions by considering current and emerging legal issues. The course will use Ronald J. Mann's Electronic Commerce (4th edition) as the class text with class sessions also using the problem discussion method. Although the course will have a final examination, it will also include drafting exercises, and students will frequently be asked to assume the role of a transactional attorney during class discussion. Attendance, class participation, and the completion of problems will account for 20% of the final grade. The final contract review exercise will account for an additional 20% of the grade. The final examination will comprise the remaining 60% of the course grade.

This course focuses on the effect of information technology on commerical transactions by considering current and emerging legal issues. Students will use drafting exercises, and assume the role of transactional attorneys during class discussion.

Introduces electronic discovery as an essential part of legal practice. The class takes a practice-oriented approach and presents the relevant case law and the applicable Federal Rules of Civil and Criminal Procedure. Identifies both the client's and attorney's responsibilities in the production and preservation of electronically stored information. Provides the basic technical knowledge to understand the legal requirements to help attorneys and clients avoid the shocking consequences and potential sanctions handed down in court.

A study of the many applications of economic reasoning to problems of law and public policy including economic regulation of business; antitrust enforcement; and more basic areas such as property rights, tort and contract law and remedies, and civil or criminal procedures. No particular background in economics is required; relevant economic concepts will be developed through analysis of various legal applications.

An examination of principles of school law by use, in part, of the care study approach. Legal foundations of public and non-public schools are studied with consideration given to the Virginia School code. Basic legal principles and guidelines for assisting teachers, administrators and professional support personnel are developed.

Elder Law Clinic: This clinic will offer eight students the opportunity to learn about the substantive legal issues affecting the elderly. The experience will also help to improve the students' interviewing, counseling, research, writing and advocacy skills as they advance their client's interests. Students will gain an appreciation of the potential for abuse of the elderly in today's society, and identify and manage professional ethical issues encountered by attorneys representing this population. They will hone the acquired knowledge and skills by presenting public seminars on issues important to the elderly community. Students in the ELC will provide assistance and advocacy in matters involving competency, nursing home issues, and Medicare, Medicaid, Social Security and other public benefit programs, including non-service related pension and related benefits from the VA. Under the supervision of the ELC's managing attorney, the free legal services the students will provide will also include the drafting of powers of attorney, advanced medical directives and living wills, simple estate planning, creation of guardianships and conservatorships, and estate recovery issues. These activites will engage ELC students in the factual and legal investigation required of an attorney, and will teach the students client relation skills required to serve the elderly population. Preparing the documents required in the practice of elder law and advocating for their clients will also allow students experience in navigating the often complicated family relationships that are impacted when achieving the elderly client's goals. Students will also gain skills in working with state and local agencies on elder law issues, and in preparing themselves and their clients for legal and administrative hearings. Students will be graded on the quality of their work in educating the elderly, representing clients and handling cases, their ability to work collaboratively with other students in the clinic, and their written case studies and plans. Students will be required to attend regular class sessions, and to work on clinic cases and assist clinic operations for 8 hours each week, including case rounds and meetings with the supervising attorney. This clinic will be taught by Professor Helena Mock, and the seminar and case rounds will be held on Wednesdays and Fridays from 8:30-9:45 am. To receive credit for this course, each student MUST attend the first meeting. Graded course.

Election Admin & the Law This course will examine the basics of election administration with a particular focus on the system in place in the Commonwealth of Virginia. Topics include (1) a quick history of election reform 2000-2008, 2) an overview of the administration of elections, including a consideration of the distribution of power, responsibility and authority over elections between the federal, state and local governments; and (3) questions of eligibility to vote, such as voter registration, voter identification, and provisional voting. While the class will also touch on issues relating to voting technology and post-election procedures and litigation (including audits, recounts and contests), it will do so only generally and in relation to Virginia's place in the overall national system.

This course will examine the laws that govern the political process in the United States. Topics will include the right to vote, political representation, election administration, political parties, ballot initiatives, and campaign finance. The goal of the course is to provide students with a solid foundation in the basic principles of election law in this country.

Challenges of the General Counsel This course will explore the fundamental roles played by lawyers who work in-house at companies, political parties, and other entities (campaigns, etc.), including the roles of a legal technician, wise counselor and leader. The course will advance for critical analysis the idea of the general counsel as a complex business leader who is required to navigate between different constituencies (i.e.regulators, the media, senior officials). The course will address the conflicting concerns faced by these in-house practitioners by examining a series of hypothetical cases. The 'cases' in this course involve questions beyond narrow legal issues and delve into larger issues of policy and politics, by using specific illustrations drawn from the political and business world. These cases involve a broad range of considerations: risk management, public policy, politics, and reputation. For each case the students would be given the factual scenario, reports from the media, and other background materials. The students would be directed to issue spot and research the laws that could be involved. For each class the students would come prepared to discuss not only the scenario itself and the law implicated, but also appropriate responses by general counsels to each scenario, examining the pros and cons of responding to the situations in differing ways. Each student would be required to prepare a 3 to 5-page memo examining each of the cases, including analysis of key legal, public relations, and corporate citizenship issues. Each memo must also include recommendations on appropriate responses by the company/campaign/party involved in the case. The papers will be of the type used in practice by in-house counsel, in presenting emergency items to management and the board for action. In addition, each student would be asked to present his or her memo once during the semester to the rest of the class with the class assuming the role of the Board/management, and asking the student to discuss the identified issues and make recommendations. Grading will be based upon the quality of the papers submitted (80%) as well as the presentations made to the class (10%). Participation in class discussion will count for 10% of the total grade.

Electronic Discovery and Data Seizure This course addresses the legal and practical issues inherent in conducting electronc discovery in civil cases, especially under the Federal Rules of Civil Procedure, as well as the law of electroinic data search and seizure under the Fourth Amendment and Federal Rules of Criminal Procedure. No special information technology knowledge or background is required.

Employee Benefits The course is an introduction to the federal regulation of employee benefits (including retirement benefits, medical coverage, disability, and severance). The course introduces students to the rights that employees have under the federal statute ERISA. It covers topics such as vesting of benefits, preemption of state law, fiduciary duties, enforcement, and remedies. This course is partiularly appropriate for students interested in a labor, employment, or health-care practice. - - - - - - - - - - - - - - -

Employment Discrimination: This course introduces the laws prohibiting discrimination in employment because of race, national origin, sex, religion, age, and disability.. In particular, the course emphasizes federal statutory protections provided by Title VII of the 1964 Civil Rights Act, The Age Discrimination in Employment Act and the Americans with Disabilities Act. Students have the opportunity to grapple with the theories at work in employment discrimination law, to trace the evolving judicial interpretations of the anti-discrimination statutes, and to learn practical skills at dealing with the special problems inherent in the litigation of employment discrimination cases.

Employment Law: This course will address the basic common law and contemporary statutes governing the employment relationship, with an emphasis on their practical application in today's private-sector workplace. Topics to be addressed will include establishment of the employment relationship, wage and hour regulation, conditions of employment, discharge and termination, and non-competition and other post-employment obligations. This course will not address traditional labor law nor will it cover issues unique to public-sector employment. Neither will it overlap with the LAW 452 Employment Discrimination course. The grade will be based on two memo assignments involving research (about 5 pages each) and class participation. Though there is no exam, the class involves considerably more work than most during the semester.

This course will provide an in-depth study of the components of transactions in the entertainment industry, including record deals, music publishing, book deals, film deals, television, talent representation by attorneys and managers, merchandising, licensing, and multi-media. Students will be expected to participate in at least one transactional project.

This class will explore five major areas of litigation law (as opposed as to transactional questions) as they relate to the entertainment industry. We will spend time on the protection of ideas through contract and property theories, defamation, various rights of privacy, the right of publicity, and the First Amendment consideration overlaying several of these areas. Law 459 Entertainment Law is not a prerequisite.

A study of the nature and causes of environmental pollution and of the main legal techniques for its control. The course will consider the common law, the environmental impact assessment process (e.g., the National Environmental Policy Act), and the basic regulatory framework for air,water and solid and hazardous waste control (the Federal Clean Air Act, Clean Water Act and Resource Conservation and Recovery Act), with attention given under each statute to the basic regulatory framework and the main policy issues presented by it.

Environmental Policy This course is offered by the Public Policy Program and offers limited enrollment to law students. Law students must receive professor permission to enroll. The course will explore policy making for environmental problems and will focus on issues that are local, national, and international. We will primarily focus on national environmental policy, and how that policy is implemented at a local and regional level. Issues we will explore will include water pollution policy and land-use in the Bay, U.S. Marine Mammal Policy, and U. S. Pollution Policy. For each of these issues, we will examine the U.S. laws and regulations as well as each agency's approach for quantitatively assessing the benefits and costs of environmental policy.

An introduction to the European Union (EU) legal system and the political work of its institutions, with an appendix on NAFTA. The course studies EU decision-making, focusing on the Commission, the Council and European Parliament. Attention will be given to the Community's system of legal remedies and the European Court of Justice, its constitutional principles, and the expansion of Community powers. Finally, the course covers rules on free movement of goods inside the European market. (Students may enroll in M04 or M05 but not both).

This course will consider various topics regarding European Internet Law. The nature of the topics will change from term to term.

An overview of this increasingly globalized area of the law through an examination of how the European Union (EU) and European countries, together with their respective courts, have addressed it. After the study of the Internet itself and of Internet law and governance, the course will cover two main areas: first, the basis of the regulation of the physical network for information and communication technologies in Europe according to the telecom policies; second, the regulation of Net contents by focusing on the following aspects: civil rights in cyberspace (including its projection on labor relations), substantive and jurisdictional problems arising from cybercrime, the law of intellectual property in the Internet and electronic commerce. Finally, we will address future trends in the Internet world (such as big data, the Internet of Things and cloud computing) as well as their respective legal implications.

The European Union (EU) is different in many ways from a Federation, although the exercise of power in the Union has some federal traits and one can draw some useful comparisons. "European Union Law", in any case, is a heading that today refers to as many topics as "US Law" would. Therefore, it is impossible to study with some depth in one single course all relevant and substantive aspects of European Union Law. In this introductory course we will study the basic Law of European Union (institutions, law-making procedures, legal remedies, role of the European Court, relationship between EC law and national law, all of this taking into account the recently passed Constitution). This will provide you with analytical tools to feel comfortable when you have to work in any area of substantive EC law. The method of instruction will be the typical interactive approach used in American law schools, although at times I will introduce or summarize a topic with a lecture. We will be using a set of teaching materials that you should obtain before the course starts. These materials are included in the book "Foster on EU Law", by Nigel Foster. Class attendance is mandatory. Participation will be counted as an important part of the grade (50%). The exam will be a two hour exam with two or three questions based on cases pending before the European Court or important current issues in the legal and political development of the EU.

Evidence: 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, heresay, impeachment of witnesses, and privileges. This course satisfies the Third Year Practice requirement.

Intensively discusses the law of evidence, primarily utilizing Federal Rules of Evidence. Topics addressed include relevance, authentication, real evidence, competence, hearsay, impeachment of witnesses, and privileges.

This course covers requisites for marriage, pre-nuptials, paternity, property management during marriage, spousal abuse, parental child rearing rights, grounds for divorce, property distribution upon divorce, consequences of cohabitation prior to marriage, alimony, child support, and child custody and visitation.

Family Law Clinic: The Family Law Clinic (formerly called the Legal Aid Clinic) offers six students who have their third-year practice certificate the opportunity to represent and advise clients of limited financial means from the Williamsburg office of the Legal Aid Society of Eastern Virginia (LASEVA), in divorce, custody, support and equitable distribution matters. Attorney Darryl Cunningham supervises students and their case work. In addition to a weekly seminar, additional time commitments are required by work load and court schedule. Weekly clinic seminar Wednesdays 3:30-5:15 pm. To receive credit for this course, each student MUST attend the first meeting. Pass/fail course.

A study of the tax and non-tax rules applicable to wealth transfers. The course will emphasize planning for intra- family transfers. It will also cover 'liviling' wills, durable powers of attorney, and special problems associated with disability. The student will be required to synthesize federal gift, estate and generation skipping transfers with state property, decedent's estate and trust law considerations. Prerequisites or co-requisites: Law 311 Federal Income Taxation and Law 305 Trusts and Estates.

Students earn academic credit by working for federal agencies other than federal public defenders (which are covered by the Criminal Litigation Externship) and U.S. Attorney offices (which are covered by the U.S. Attorney Externship). See the Externship Manual and each semester's syllabus for details. 1-3 credits summer/fall/spring

A study of the basic laws relating to federal income taxation of the individual. Included are problems relating to computing gross income, the reduction of gross income to taxable income, and the recognition and character of gains and losses from disposition of property.

Federal Tax Clinic: This 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. Work is done under Richmond attorney Craig Bell. Opportunities are provided to meet experienced judges and lawyers in the field, and to observe tax proceedings (which might require mediation rather than litigation). Students will find it helpful if they have taken Federal Income Tax, however Tax is not a prerequisite. Weekly clinic seminar Thursdays 6:00-8:30 pm. To receive credit for this course, each student must attend the first meeting. Pass/fail course.

This seminar will study the foundations of the common law, with a special emphasis on the law of torts and the law of contracts. We will examine both the historical foundations of the common law (How did we get this law?) and its normative foundations (Is this law justified?). Readings for the class will include a mixture of cases, historical materials, and classic and contemporary articles on tort and contract law. We will examine normative arguments based on both economics and moral philosophy. Each student will produce a final paper, and the grade will be based on the paper and class participation. At some point during the semester, refreshments will be served.

Fundamentals of Environmental Science for Policy This course is intended primarily for students in Law, Public Policy and related disciplines. It is cross-listed with PUBP 600. It is designed to introduce the students to the science of natural systems and ecological processes. Through readings, lectures and discussion, the first half of the course examines the current state of our understanding in terms that will give the student confidence and the facility to critically assess theories and observations in environmental science. With this as a foundation, the second half of the course begins with an instructor led discussion of the enhanced greenhouse effect followed by student led discussions of other major case examples such as coastal eutrophication, biodiversity loss, water resources, sea level rise, environmental contamination, land use trends, and invasive species impacts. Student expectations include mid-term and final exams, and the development of a case study presentation extending over two class periods. This is a non-law course crosslisted with Law and the course materials will be found in Blackboard.

Gender and Human Rights Seminar This course studies and critically assesses the role of international human rights law in bringing about social change. The course uses gender, specifically the treatment and status of women, as a lens for exploring this issue. The course begins with theories on state behavior, which will provide a foundation for exploring the role of law in changing state practices. Topics to be explored will include international trafficking of women, gender and citizenship, women¿s political participation, the regulation of gender issues by customary law in plural legal systems, women¿s access to land, violence against women, and gender mainstreaming in national policy development. Through study of these specific topics, students will examine the potential and limits of law as a mechanism for bringing about particular substantive changes within a society or organization. This course will complement the existing international law courses that address human rights, such as Human Rights Law, International Trade Law, and Public International Law. The Human Rights Law course provides students with a foundation in the fundamental aspects of human rights law, which includes the sources of international law, United Nations human rights instruments, methods for enforcing human rights law, and non-governmental organizations that promote human rights enforcement. This seminar will provide in-depth coverage of the topics noted above. Preferred Course: Public International Law, Human Rights Law.

Mediation: 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. This is a 3 credit, graded course

This course will examine the processes by which the federal government awards and administers contracts ranging from acquisitions of multi-billion dollar weapon systems and large public works contracts, to routine purchases of office equipment and supplies. Discussions will focus on how federal contracting differs from contracting under state law, and address special topics unique to government contracting, such as procurement ethics, socioeconomic considerations, bid protests, changes, contract disputes and litigation, fiscal law requirements, and terminations.

This course will provide an introduction to some of the issues that lawyers face in the diverse practice area known as 'health law.' The course will cover topics such as health care regulation and financing, health insurance regulation, legal and eithical issues around reproduction and dying, and duties and responsibilites in the patient-provider relationship. Class discussion will frequently focus on problems where students will be asked to act as lawyers who advise clients on options for how to proceed, weighing legal and non-legal factors. The course will involve some transactional work and counseling, as well as assessment of the risks of liability and a bit of policy discussion. The grade will be based on class participation and either (1) two memos involving research or (2) one research paper, which would satisfy the writing requirement. Students may choose which option they prefer. The top student papers will be featured in a symposium as part of the Benjamin Rush program. Regardless of the option, students will be subject to the usual curve for classes over 30 students (assuming more than 30 in the class total). There will be no final exam or laptops.

This course is a one credit, one-week, intensive review of recent constitutional developments in the field of constitutional federalism. Specifically, the course would examine the following three areas each taken from very recent decisions of the U.S. Supreme Court: 1) The 'Obamacare' case (the scope of national enumerated powers), National Federation of Independent Business v. Sebelius, 2) the Gun Control Law cases ('the Second Amendment...the right to keep and bear arms') of Heller v. District of Columbia and McDonald v. City of Chicago and 3) the Arizona 'illegal immigrant' case of Arizona v. United States (the scope of national enumerated powers, and the tenth and fourteenth amendments). These three current topics and the several edited principal cases (to be supplemented with accessible references to subsequent lower court decisions) will be discussed in this one week long mini course. A short paper will be required of each student

This course will cover fundamental international human rights law. It will address the sources of international law, United Nations human rights instruments, domestic jurisdiction, organizations for enforcement for human rights law, non-governmental organizations that promote human rights enforcement, and current issues in human rights law.

A survey of European human rights and freedoms, both under the European Convention of Human Rights and the legal system of the European Union. Special attention shall be devoted to differences in the legal framework and techniques used under the two European systems, as well as its main enforcers: the European Court of Human Rights, in Strasbourg, and the Court of Justice of the European Union in Luxembourg.

This course requires the completion of a scholarly paper on a subject selected by the student, under the supervision of a faculty member. Does not satisfy the writing requirement. For Law 704-02 or 03, please see term description.

This course will examine federal immigration law and policy. Topics include citizenship, admissions, deportation, an introduction to refugee law, and the role of the courts in reviewing the actions of executive officials. We will examine the history of immigration to the United States, the constitutional rights of non citizens, the federal agencies that administer the immigration and citizenship laws, undocumented immigration, and the balance between national security and openness to non citizens.

Prisoners come from families. Imprisonment can have a dramatic impact on prisoners' family relationships, and conversely family relationships can affect inmates' experience in prison and success after release. This seminar will examine the connections between the aims of the penal system and the preservation or loss of family relationships; existing rights and regulations relating to prisoner contact with family members before, during, and after incarceration; and legal rules that determine to what extent the interests of prisoners' spouses and children can be protected (e.g., divorce, child support, termination of parental rights). The course should be of interest to students intending to practice in the areas of criminal defense or prosecution, domestic relations, or child protection.

This course requires the completion of a scholarly paper on a subject selected by the student, under the supervision of a faculty member. Does not satisfy the writing requirement. For Law 704-02 or 03, please see term description.

This course requires the completion of a scholarly paper on a subject selected by the student, under the supervision of the course faculty member. Does not satisfy the Writing Requirement.

This course requires the completion of a significant research paper on a topic selected by the student, under the supervision of a faculty member. Students may enroll in this course for credit no more than twice and this course satisfies the writing requirement. An important goal of the major paper requirement is to improve students'wrirting skills. Faculty supervisors should communicate this goal to students at the beginning of the process and reinforce it throughout the paper-writing process, especially after submission of the first draft. Papers that satisfy the major paper requirement should evolve through four major stages, each of which should occur in consultation with the supervising faculty member: 1. Topic Development: The student should produce a succinct, coherent topic statement that sets out the thesis of the proposed paper. 2. Outline: The student should produce a reasonably comprehensive outline of the paper, including a statement of the basic steps in the argument, the major sources used, and a tentative conclusion or a comparable writing. 3. First Draft: The student should produce a first draft of the paper in time for the supervising faculty member to make comments and for the student to respond to those comments in the form of a second draft. Normally, the first draft should be submitted to the supervising faculty member by the end of the 10th week of classes. 4. Final Draft: The student should turn in the final draft of the paper by noon on the last day of exams for the semester, or as otherwise designated by the professor.

The course requires the completion of a significant research paper on a topic selected by the student, under the supervision of the course faculty member. Students may enroll in the course for credit no more than twice and this course satisfies the Writing Requirement.

Innocence Project Clinic I: 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 6:00-8:30 pm. To receive credit for this course, each student MUST attend the first meeting. Pass/fail course.

This course will survey the fundamental legal principles governing selected kinds of insurance including: automobile, fire and property (homeowners), liability, life, health, and disability. Among the topics examined will be the formation and operation of the insurance contract, coverage and exclusions, insurable interest, the claims process and subrogation. A practical approach will be featured, placing students in the roles of attorneys for the insurer, insured and third party claimant as issues are discussed.

A review of the legal protection of artistic, technical and business creativity through the law of copyrights, trademarks, patents and trade secrets.

This course examines the emergence of international criminal law during the last century and asseses the desirability and efficacy of international criminal prosecutions as a response to large-scale violence. The course traces the development of international criminal law, focusing primary attention on events taking place since the Nuremburg and Tokyo Tribunals, and concentrating in particular on the work of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, and East Timor, as well as the International Criminal Court. The course traces the substantive development of international criminal law through an examination of the core international crimes, namely: genocide, crimes against humanity, war crimes, and aggression. The course will likewise trace the development of international criminal procedure, a unique body of law that blends features of adversarial and non-adversarial criminal justice systems. Finally, the course will examine the political context in which the prosecution of international crimes take place. It will consider the effect of such prosecutions on peace negotiations and the desirability of international prosecutions in comparison with other responses to mass atrocities, including domestic and transnational criminal prosecutions, truth commissions, lustration efforts, and reparations schemes.

This course examines the emergence of international criminal law during the last century and assesses the desirability and efficacy of international criminal prosecutions as a response to large-scale violence. The course traces the development of international criminal law, focusing primary attention on events taking place since the Nuremburg and Tokyo Tribunals, and concentrating in particular on the work of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, and East Timor, as well as the International Criminal Court. The court traces the substantive development of international criminal law through an examination of the core international crimes over which these bodies have jurisdiction: genocide, crimes against humanity, war crimes, and aggression. The course will likewise trace the development of international criminal procedure, a unique body of law that blends features of adversarial and non-adversarial criminal justice systems in an effort to meet the challenges of prosecuting large-scale crimes that can span many years, many miles, and feature many thousands of victims. Finally, the course will examine the political context in which the prosecution of international crimes takes place. It will consider the effect of such prosecutions on peace negotiations and the desirability of international prosecutions in comparison with other responses to mass atrocities, including domestic and transnational criminal prosecutions, truth commissions, lustration efforts, and reparations schemes. Completion of Public International Law is desirable though not compulsory.

International Organizations The course aims to provide a comprehensive analysis of the legal status of international organizations and associated persons (as well as their privileges and immunities) and the conditions under which and the procedures by which states and other entities acquire membership of these international bodies, including the United Nations. The course also considers the functions and activities of international organizations, paying particular attention to how decision-making within these organizations are shaped not only by legal principles and interpretations of the UN Charter but also by non-legal considerations including policy and politics. An important aim of the course therefore is to highlight the tension between law and politics that frequently arises in the process of decision- making in the UN system and its constituent organizations. The course also examines the structure, jurisdiction and functions of the International Court of Justice as well as the nature and functions of the International Institutions for the protection of human rights. It also focuses attention on how the UN system has shaped responses to issues of war, peace and terrorism.

This covers the regulation of international trade at the international level by organizations such as the World Trade Organization, at the regional level by such arrangements as the North American Free Trade Agreement, and at the national level by the U.S. and its principal trading partners through various U.S. trading institutions. Topics include the constitutional allocation of authority over international trade in the U.S., customs law, non- tariff barriers, import relief measures and other trade remedies, government procurement, trade in services, regional economic integrations, and the need to examine trade issues in relation to the new trade agenda, namely labor and environmental issues and the protection of intellectual property rights.

The emergence of the internet and digital technologies that enhance our abilities to access, store, manipulate, and transmit vast amounts o finformation has generated a host of new legal issues for which lawyers of the 21st century must be prepared. Although many are trying to apply existing legal concepts onto problems arising in cyberspace, it is increasingly evident that this strategy is not always effective. The course will explore specific problems in applying law to cyberspace in areas such as intellectual property, freedom of speech, privacy, content control, and the bounds of jurisdiction. Familiarity with the internet and intellectual property law is helpful but not required.

This course analyzes the international law, United States law, and selected foreign law issues regarding doing business abroad. The course is conceptually organized into three primary areas: international sales, international licensing of intellectual property, and foreign direct investment. We will examine particular sub-issues related to and arising out of these three primary areas of focus. The course is taught with a particular emphasis on planning and structuring an international business transaction, using actual contracts for purposes of illustration. The course emphasizes a transactional (not litigation) approach to the practice of law, that is, advising clients, planning and structuring a transaction, drafting contracts. Because this is an internationally oriented class, transactions studied will be those that involve issues that cross national boundaries (ie buyer and seller, licensor and licensee are in different countries). Students who have taken IBT in the Madrid Summer Program are not prohibited from taking this course.

International Election Principles The purpose of this course is to examine international election standards based on the rule of law. The ultimate goal is to establish knowledgeable, predictable, rule-based decision-making that limits the power entrusted to government officials, while concurrently encouraging the widest development of democratic systems. The course will cover each step in the electoral process: (1) recognition of political parties and which candidates will be qualified to stand for election; (2) voter registration including registration, maintenance of lists, grounds for suspension and reinstatement; (3) absentee ballots, if they are to be used, as well as the procedures for their issuance and as to their counting;(4) early voting and remote voting if it is accepted as a means of increasing participation; (5) ballots, ballots design, machinery, pre-vote verification, the observation of that process so that it is transparent, ballot collection, computerized and other mechanical voting systems, ballot audits, physical security, and the availability of election day remedies; (6) verification of who is, and is not, a voter; (7) the conduct of the election itself, including how officials are trained and qualified; (8) the process for recounts; (9) the process for challenges and contests; and, (10) administration and supervision applying objective standards. Each of these steps will involve the class in a discussion of the development of concrete standards for the international community to apply in the election process.

The course considers topics such as liability in transboundary pollution; institutional framework of international environmental regimes; the cooperative system of management of global environmental problems (climate change, biodiversity loss...) and of the global commons (atmosphere, oceans, Antarctica....); debt for nature swaps; environmental restraints on international aid and technology transfer; international trade and the environment (WTO and the environment; unilateral environmental measures and trade sanctions; shipping of hazardous waste; CITES....); international environmental torts and human rights; and environmental issues in transnational contracts, mergers and acquisitions.

International Environmental Law The seminar focuses on bilateral, regional and international agreements and principles governing ocean pollution, air pollution, hazardous and nuclear waste, deforestation, and other environmental problems with a global impact. The seminar will also address population control and food shortages under international law, especially in developing countries, and how these problems relate to international peace and security. The basic courses, Law 409 Public International Law and Law 424 Environmental Law, are not prerequisities, but are recommended. The seminar grade will be based on class participation and a paper that satisfies the Writing Requirement.

Much commerce crosses international borders; a good portion of that commerce comprises copyrightable material like books, movies, and music, or patentable materials like machinery and pharmaceutical drugs; even more of it is sold under one or more trademarks. International commerce gives rise to international questions and disputes: may a U.S. patent holder enforce a patent in Spain? May a U.S. website operator publish photographs of French fashion designs when those designs are copyrighted in France but not in the U.S.? This course examines questions like these, with attention to fundamental underlying questions such as how intellectual property rights are obtained, how they are enforced, how they are lost, what country's law applies to international disputes, and what country's courts have jurisdiction over such disputes. Prior courses in intellectual property law will be helpful, but are not a prerequisite.

This course is designed to provide an introduction into the structure and content of the American Legal System to foreign students who have not received American law training. The course is composed of two components: 1) instruction in American Law and Legal Institutions and 2) Legal Research Training. The substantive element contains materials on the Basic Principles of American Law, the Legal Profession, the Jury System, Constitutional Law and Torts. The research portion provides a basic introduction into the modern American law library's holdings and computer-based research techniques. The course meets for a total of 15 class meetings for at least 90 minutes at each session and will be graded on a pass/fail basis.

This 1-credit mini-course provides an introduction to the toolbox of arguments available to lawyers working on behalf of clients whose conduct is regulated in whole or in part by statute. This applies to basically all clients and their lawyers, but particularly those future lawyers who intend to practice in DC or a state capital like Richmond. The grade will be based on particiption and a memo assignment due October 14th. Laptops will not be used in class.

This course introduces the basic sources for Islamic jurisprudence and describes the role of Islamic law in today's diverse and rapidly changing world.

This course will examine the historic roots of Islam and its significance as law and religion before surveying several representative systems of Islamic law. Satisfies the Writing Requirement.

Sudents earn academic credit by working for 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 Admiistrative Office of the U.S. Courts). See the Externship Manual and each semester's syllabus for details. 1-3 credits summer/fall/spring

From 1956 to 1990, Justice William Brennan was considered the leader of the Court's liberal wing (both as the architect of many Warren Court rulings and as the principal foil to Chief Justice William Rehnquist at the end of his tenure). This mini-course will examine Brennan and his legacy. It is being taught by Stephen Wermiel, Brennan's official biographer and co-author of Justice Brennan: Liberal Champion. Students will read this book as well as some of Justice Brennan's papers. Students will write a short paper at the end of this mini-course.

This course is designed to improve the English language skills of entering international students in the LLM program or at the University.

This course will focus on collective bargaining and how labor arbitration had its genesis in the collective bargaining contract. The course will cover the 'federal common law' that has developed in support of traditional labor arbitration. The course will cover how labor contracts are negotiated and discuss the arbitration provisions that are normally included in such labor contracts. The course will cover the possible expansion and use of labor arbitration as a substitute for employment litigation in the courts. The course will emphasize both the theoretical and practical application of the arbitration system to current employment issues. A paper will be required in lieu of an exam; however, the course does not satisfy the writing requirement.

A study of employee-union-management relations as regulated by the National Labor Relations Act, as amended. Issues considered include the organizational process, representation elections, collective bargaining and picketing activities.

An analysis of the legal principles governing the use and management of land and the fundamental values underlying those principles. While focusing primarily on government regulation of land use, the course also will examine common law rules which affect the way that land is used. Topics that might be considered include judicial control of land use, zoning and the rights of landowners, zoning and the rights of neighbors, land use planning, public regulation of land development, aesthetic regulation, and the preservation of natural and historic resources.

The seminar examines the manner in which law and state power are used (or misused) in tackling the problems of development in Africa (economic as well as political). The insights gained and the methodology developed in the seminar will be useful in determining the appropriateness of state power in the context of other developing countries as well. Satisfies the Writing Requirement.

A course for advanced graduate students that examines constitutional, statutory, and case law relevant to higher education and the implications of this body of law for policies and practices affecting students, faculty, administrators, and staff. Students will learn basic legal concepts and become familiar with relevant legal terminilogy.

'Law & Literature' will be coordinated by Jim Heller and Chris Byrne. There will be up to 18 students enrolled in the class, which will focus on how legal issues and themes are developed in works of literature. The class will meet four times during the semester, in the homes of participating faculty members. All those participating in the class are expected to bring food and/or drink each month to share as we dine together. The class will meet on the following days, from 6:00-8:30 PM Tuesday, January 15 Tuesday, February 12 Tuesday, March 12 Tuesday, April 2 The faculty will select four books that the students must read and write papers on. The books will be available to purchase in the bookstore, but you may use any edition you already have or purchase/borrow elsewhere. No later than the Thursday prior to each meeting, students must send via email to Jim Heller and Chris Byrne a 3-5 page paper responding to at least one of the questions previously given out by the faculty member responsible for each book. These papers will be distributed electronically ahead of time to other students in the class and to the faculty, and will be graded on a pass/fail basis. Students are required to prepare papers for all four books and attend all four sessions, unless their absence is excused in advance. Students will participate in discussion sessions with five or six students and one or two faculty members in each group, lasting for approximately one hour. Then, for the second hour the entire class will discuss the book. Students may also be asked to draft discussion questions for the books. There will be an organizational meeting the first week of the Spring 2013 semester. Students must attend this session in order to enroll in the course.

This course examines a variety of cutting-edge, at times controversial, linkages between law and neuroscience, ranging from social and environmental influences on the brain and behavior to the interpretations of neuroimaging and the prediction of criminality and predispositions towards mental illnesses and addictions. Students will learn how discoveries in neuroscience intersect with societal responses and legal decision-making. Scientists are increasingly using new techniques to investigate the brain activity underlying cognitive phenomena. The course will explore whether, and if so how, the law should engage with various emerging neuroscientific findings, technologies, and perspectives on such topics as evidentiary rules, memory bias and enhancement, lie and deception detection, the neurobiology of criminal culpability and punishment, emotions and decision making, addiction, adolescent brains and juvenile law, moral and legal reasoning, tort law, artificial intelligence, and the like. The course will also address a variety of challenging questions raised by the increasing introduction of brain scans as evidence in courtroom proceedings. A background in science may be helpful, but is not required, as the course will provide a 'brain basics' introduction for law students.

Many issues of law involve questions that are psychological in nature, referring to human behaviors and/or mental processes. For example, how do juries reach decisions? What do we know about memory, and to what extent can it be trusted in making legal judgments about guilt or liability? When is a confession voluntary; does the law think about voluntariness in a way that makes psychological sense? When is a criminal defendant mentally competent to stand trial? When may a criminal defendant be considered insane? What types of psychological defenses (defenses grounded upon mental illness)should a defendant be able to claim? When may a person be involuntarily incarcerated when (s)he has not committed a crime? What is the proper role of expert testimony? To what extent are the innovations of modern brain science, including technologies such as structural and functional MRI, relevant to judgments about legal responsbility? And so forth. Psychology and law have adopted overlapping, but also significantly contrasting perspectives on such issues. In this course we will investigate how psychologists work within the legal system and how psychological theories, research data, techniques, and methods might contribute to our understanding of the law. This is a three credit course which will meet twice weekly. Major components of the course grade will be a final exam, a class presentation by each student, and class attendance and participation.

This seminar examines the criminal law's response to sexual violence in three major contexts: rape and sexual assault generally; sexual violence in the family; and sexual attacks on children. In each of these legal contexts we will read, discuss, and analyze various theoretical approaches to the issues, emphasizing the contributions made by feminist theory to criticism and reform in the law governing sexual violence. We will then apply the theoretical literature to actual case law and doctrine in both the civilian and the military contexts. One goal will be to answer core questions about the nature of sexual violence and the possible solutions to it. For example, can we coherently speak of sexual violence as one thing, as one social problem/pathology which is best analyzed using a single theoretical approach (and if so, which theoretical approach would be best?). Or does sexual violence have such different causes, and produce such differing effects across the legal spectrum, that we should view it as several quite distinct problems which are best analyzed from a context-drive, as opposed to universal point of view (and if so, what context(s) matter and what approaches would best be applied in each relevant context?). This will be a two-credit seminar which will meet once weekly. Major components of the course grade will be preparation, attendance, class participation, and a class presentation by each student. The course materials will be distributed via coursepak and Blackboard, and will be drawn from cases, statutes, empirical and theoretical literature in psychology, and legal theory.

The emergence of the internet and digital technologies that enhance our abilities to access, store, manipulate, and transmit vast amounts o finformation has generated a host of new legal issues for which lawyers of the 21st century must be prepared. Although many are trying to apply existing legal concepts onto problems arising in cyberspace, it is increasingly evident that this strategy is not always effective. The course will explore specific problems in applying law to cyberspace in areas such as intellectual property, freedom of speech, privacy, content control, and the bounds of jurisdiction. Familiarity with the internet and intellectual property law is helpful but not required.

The Law Governing Harassment at Work and School: This one-credit course introduces students to laws prohibiting harassment in employment and education. The course also provides practical experience in the work of the EO compliance officer, a role increasingly filled by law school graduates. In addition to reading and classroom discussion, course work entails practical exercises, such as drafting, creating and presenting training programs and role-playing exercises. This is a pass/fail course.

Introduces law office management enhanced with modern technology. Includes hardware and software selections, practical issues relating to email, mobile computing, electronic timekeeping and billing systems, use of video-conferencing, project management, case management, security, social networking and the practice, marketing, business plans, presentation systems, remote court reporting and technology-related issues.

The Presidential Public Financing System: An Overview of the System and Options for Reform. The presidential public financing system is at an historic crossroads: With Barack Obama's recent decision to turn down public funds for the general election, and become the first presidential candidate since Watergate to privately finance his election, many election law scholars and practitioners believe that the presidential public financing system is broken and beyond repair. However, both Senator Obama and Senator McCain have supported past proposals to overhaul and modernize the presidential public funding system, and there are increasing signs that Congress will seriously consider various overhaul proposals in 2009, which could take effect for the 2012 presidential election. This course will analyze the presidential public financing system, the regulations and restrictions that apply to candidates who accept public funds, and major court decisions that have addressed the constitutionality of public financing regimes. We will also study various legislative proposals to overhaul the presidential public funding system and will debate whether there should be a presidential public financing system at all in the 21st century. We will also discuss several proposals to extend public financing to congressional elections. The course will emphasize the unique blend of legal, constitutional, political, and public policy issues that influence contemporary debates about the future of the the presidential public financing system.

Law & Politics is a series of presentations by leading academics, practitioners, and government officials about a range of issues related to the intersection of law and politics. Students are required to attend at least seven presentations over the course of the semester. At present, there are eight scheduled presentations (seven on Thursday afternoons and one on Monday, April 1). Some presentations require students to read papers and write short 3-page pass/fail response memos (4 over the course of the semester); other presentations have no formal paper component (there will be background reading for some but not all of these sessions). The schedule for spring 2013 speakers are January 24 Stanley Fish (Floridal International and New York Times opinionator columnist; formerly at Yale, Columbia, Duke); February 7 David Cole (Georgetown Law; columnist for Nation and New York Review of book; Supreme Court advocate); February 14 Walter Dellinger (O'Melveny & Myers; former Duke law professor, former head of Office of Legal Counsel and Acting Solicitor General; Supreme Court advocate); February 21 Heather Gerken (Yale Law School); March 21, Michael Toner (Wiley, Rein; former chair Federal Election Commission); Monday April 1 Mike Klarman (Harvard Law); April 4 Rob McDowell (Commissioner, Federal Communications Commission); April 18 John Green (University of Akron Political Science). . . .

This seminar will discuss whether and to what extent our legal system, including its law schools, perpetuates or counteracts social injustice. Many of the readings derive from modern critical legal theory, particularly critical race theory and radical feminism, and from liberal and non-liberal responses thereto. These readings primarily address the subordination of particular groups in our society and ways in which taken-for-granted legal categories--such as objective/subjective, public/private, and negative rights/postive rights--serve to entrench hierarchies of power and wealth. Other readings include foundational political theories (e.g., Mill, Rawls, Nozick) and classic texts on topics such as civil disobedience and justified revolution. Discussions will mostly be student-directed.

The aim of this course is to provide a general overview of of the interface between the law, the Constitutional mandate for achieving substantive equality and justice, and social dynamics in contemporary India. It examines how, in a society characterized by considerable inequality and hierarchy on the basis of caste, class, ethnicity and religion, the law operates to maintain the status quo but is also is used as an instrument to challenge inequality by marginalized social groups and by socially-engaged activists. The limits of the use of the law as an instrument of achieving substantive social justice and equality are also explored. This course will familiarize students with a range of Indian laws and Constitutional provisions that often work in contradictory ways from the perspective of the marginalized. Although the course deals specifically with the Indian case, insights that it provides will prove useful for making cross-country comparisons and for understanding the dilemmas related to the role of the law in relation to socially-excluded groups in many other countries. The course will be divided into five or six sessions. The first, introductory, session familiarizes students with the reality and magniture of social exclusion in contemporary India. The second and third sessions discuss various anti-discriminatory laws and Constitutional provisions related to socially-excluded groups, as lowa castes, indigenous tribala peoples and religious minorities. The fourth session looks at the actual impact and achievements of these laws and Constitutional provisions and of various state-sponsored affirmative-action and other such measures for marginalized groups. The fifth and final session frames the various issues discussed in the previous sessions in a cross-country perspective. A 10-12 page paper will be required to be submitted by email within two weeks after the conclusion of the course.

Family Law Clinic: The Family Law Clinic (formerly called the Legal Aid Clinic) offers six students who have their third-year practice certificate the opportunity to represent and advise clients of limited financial means from the Williamsburg office of the Legal Aid Society of Eastern Virginia (LASEVA), in divorce, custody, support and equitable distribution matters. Attorney Darryl Cunningham supervises students and their case work. In addition to a weekly seminar, additional time commitments are required by work load and court schedule. Weekly clinic seminar Wednesdays 3:30-5:15 pm. To receive credit for this course, each student MUST attend the first meeting. Pass/fail course.

An advanced course on school law designed to explore legal issues of interest to graduate students. After satisfactory completion of this course, students should be capable of 1) identifying and analyzing significant legal issues in education; 2) translating statutes, governmental regulations, and court decisions into educational policy and administrative procedures; 3) expanding their knowledge of legal issues in education through continued refinement of their skills in legal research, interpretation of statutes, and legal analyses; and 4) understanding the nuances of legal reasoning. This is a non-law course crosslisted with law and the course materials will be foundin Blackboard.

In Legal Practice, students will learn legal analysis, writing, research, and other practical skills. Students will work with full-time writing faculty and research librarians to research and write objective office memoranda and a letter to a client. Students will also work with practicing attorneys to learn skills necessary in client interviewing, counseling, negotiation, and oral presentations.

This is the second semester of Legal Practice for 1L students. The course continues instruction of legal analysis, writing, and research. Additionally, students continue working with practicing attorneys and refining the skills necessary in client interviewing, counseling, negotiation, and oral presentations.

Influence of Legal Profession on Legislative and Judicial Process George Wythe was the 'Father' of the William & Mary Law School. He was an extraordinary lawyer who served in all three branches of Virginia's government. Wythe's curriculum insisted his students actively participate in mock legislative sessions which dealt with the substantive and procedural aspects of important legislation pending before the Virginia General Assembly. Wythe understood the inevitable and critical interplay between the legal profession, politics and public policy. History suggests the legal profession has disproportionately impacted legislative outcomes. Our focus this semester will be to examine how this principle remains a truism in the 21st century. In 2007, the Virginia General Assembly passed the the highly controversial 'Omnibus Transportation Bill' that was dramatically impacted by the legal profession at every conceivable stage; and ultimately declared unconstitutional by the Virginia Supreme Court. This course will use this bill as a framework to more broadly examine the legal profession's influence on both the substantive and procedural history of legislation. Active student participation will be expected as we analyze, dissect and advocate as appellants and appellees the constitutional merits of this legislation, offering individually, student drafted amendments to cure any constitutional infirmities.

In Legal Practice, students will learn legal analysis, writing, research, and other practical skills. Students will work with full-time writing faculty and research librarians to research and write objective office memoranda and a letter to a client. Students will also work with practicing attorneys to learn skills necessary in client interviewing, counseling, negotiation, and oral presentations.

This is the second semester of Legal Practice for 1L students. The course continues instruction of legal analysis, writing, and research. Additionally, students continue working with practicing attorneys and refining the skills necessary in client interviewing, counseling, negotiation, and oral presentations.

Legal Skills III and IV compose the second year of a two-year course required of all students. Taught primarily in small student 'law firms,' the course's coverage includes professional responsibility, the nature of the legal profession, legal research and writing and numerous legal skills including drafting, interviewing, negotiation, introduction to trial and appellate practice, and alternative dispute resolution.

Legal Skills III and IV compose the second year of a two-year course required of all students. Taught primarily in small student 'law firms,' the course's coverage includes professional responsibility, the nature of the legal profession, legal research and writing and numerous legal skills including drafting, interviewing, negotiation, introduction to trial and appellate practice, and alternative dispute resolution.

The final examination on legal professional and ethical issues for the Legal Skills Program. Operates in conjunction with Legal Skills IV. Students must enroll in either section 01 or 02 of Law 115 in conjunction with Law 114.

This is a one-credit course that will give students an opportunity to use Spanish language skills in a legal context. This class will begin with a grammar review and an introduction to basic legal vocabulary in Spanish. Each class will then concentrate on one substantive area (i.e., Family Law, Immigration Law, Criminal Law and Business/Employment Law). Students will learn and be able to use in an oral and written context vocabulary related to each area. Oral exercises including discussion and role play will help students to further develop listening and speaking skills. Literature and films appropriate to the topics will be used to stimulate discussion related to the legal issues involved and the realities of Spanish speaking citizens in the U.S. The course will meet once a week for 50 minutes. Materials will include THE ABA LEGAL SPANISH PHRASEBOOK, AL TANTO: CATORCE CUENTOS CONTEMPORANEOS, CINEMA FOR SPANISH CONVERSATION, and various legal documents in the target language. This will be a pass/fail course. Students will be evaluated through vocabulary quizzes, performance on oral role playing exercises, and a final group project or written/oral examination TBD. Students should have intermediate or advanced proficiency in spoken and written Spanish.

After a brief introduction on the motives and history of European integration, the course provides an accurate portrait of the general framework and functioning of the legal system of the European Union, with special emphasis on the decision-making process, the distribution of power between member states and the EU,and the principles that govern the relationship between the legal systems of the EU and its member states. Additional study will follow in the legal setting of the European Common Market. Attention will be paid to the economic liberties guaranteed by the Treaty of Rome, as well as the other rights and duties shaping the legal environment of any corporation conducting business in Europe. (Students may enroll in M04 or M05, but not both.

This course is designed for graduate law students whose native language is not English. The course will provide essential grammar, vocabulary, sentence structore, and essay writing skills necessary for legal memoranda, law school and bar examination essay questions and basic written legal communcation.

This course is designed for graduate law students whose native language is not English. The course will provide essential grammar, vocabulary, sentence structure, and essay writing skills necessary for legal memoranda, law school and bar examination essay equestions and basic written legal communcation.

Legislative Redestricting This course reviews the doctrinal history and present status of judicial review of legislative redistricting with an emphasis on the Voting Rights Act of 1965, the requirements of nondilution, the governing Supreme Court decisions and judicial remedies.

A study of the impact of legislation and litigation on the field of special education.

This seminar provides students an opportunity to draft agreements often used in representing business entities in a transactional legal practice. Students will analyze hypothetical and actual case studies to explore basic concepts of drafting in a business situation from a practical viewpoint. The class will examine how law, language and business factors interact in drafting. Assignments may include: 1) Partnership Agreements and Operating Agreements for Limited Liability Companies, 2) Certificates of Incorporation and Corporate Resolutions, 3) Executive Employment Agreements, 4) Term sheets and Letters of Intent, 5) Asset Acquisition Agreements, 6) Share Acquisition Agreements, 7) Licensing Agreements.

This course examines the scope and nature of local government powers and their relationship to state and federal governmental authority. Particular emphasis is placed upon matters of concern to cities, counties and other units of local government. Special consideration will be given to questions of governmental design, political theory, and intra- and inter-governmental sharing of power. Specific topics may include: theories of authority, boundary changes, personnel, public contracts, government tort liability and immunity, municipal finance, land planning and development management. Course readings will include both legal materials and excerpts from the fields of public administration, economics, municipal finance and city planning.

This class will examine the unique area of tort law that is commonly litigated in the U.S. The initial weeks of the course will cover the essential elements of a medical malpractice claim giving special attention to the specific statutes governing this kind of lawsuit illustrating the impact of these laws on the litigation of medical malpractice cases. Students will then be asked to apply trial advocacy skills to a hypothetical medical malpractice case. Using a fact pattern from a wrongful death action recently tried in Virginia, students will plan and participate in a range of discovery, pretrial and trial exercises. The trial advocacy activities will include undertaking pre-trial discovery, witness preparation, juror selection, and closing arguments. The class will have the students engaging in all aspects of taking a medical malpractice claim from the filing stage to the jury verdict.

Few people head to the courthouse to watch trials anymore. As a result, the media's relationship with courts increasingly defines how the public learns about the law. This course will investigate the interaction between the media and the courts with particular emphasis on the impact of technology. In addition to coverning the basic legal concepts governing media coverage of courts (prior restraints, libel, privacy, and so forth), this course will examine more foundational questions of the nature of the public interest in courts, whether lawyers and judges ought to be more involved in public education about courts. In addition, the course will explore whether courts and the media are effectively harnessing new technologies to educate the public about the business of courts. Ought privacy or other concerns curtail the use of such technology? Students in the class will gain a foundation in media law and a sophisticated sense of the broader questions of public education about law.

Mediation: 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. This is a 3 credit, graded course

A survey of various forms of business combination transactions, including mergers, share exchanges, tender offers and asset purchases. This course will focus on planning for and structuring such transactions to address business, corporate law and securities law issues from the standpoints of both the acquiring company and the target company.

This minicourse in Military Law is an intensive and critical introductory examination of the foundational aspects of criminal law and procedure in the armed forces of the United States. Topics will include sources of military criminal law, the application of the Bill of Rights, alternatives to prosecution, prosecutorial control by the convening authority, the nature of the military 'jury,' judicial independence, and the appellate process. Where possible, a comparative approach will be used. Although this is largely a seminar, lecture will be used to introduce critical subjects. A graded paper is required; there is no examination. The course will be taught in five evening sessions the first two weeks of the semester, with the possibility of at least one optional session later in the semester. The text will be Fredric I. Lederer, 'Military Law, Cases and Materials' (draft 2003 edition) which will be supplied. Francis A. Gilligan & Fredric I Lederer, 'Court-Martial Procedure' 3rd edition 2006) (with 2012 supplement) will be made available. Note that this course does not address military commissions or the law of war.

This course examines the structure and functions of the U.S. government by focusing on the pervasive issue of national defense. The student will study the institutional framework for national security - including the separate powers of the President and Congress, legal issues surrounding the formulation and implementation of national security law and policy, and the role of the Judiciary in the national security process. The course will also address the national military command structure and the interaction of the President and Congress in the areas general and covert war, intelligence collection, strategic stability, and arms control. The course grade will be based upon one short paper (approx. 10 pages), a final exam and class participation.

The course provides an introduction to federal natural resources law, with an emphasis on living resources. We will examine the theoretical conflicts that underlie various approaches to resource management, as well as the special qualities of natural resource problems that render management efforts difficult. Focusing on the legal treatment of fisheries and marine mammals, wildlife and biodiversity, water resources, forests and preserved public lands, we will probe the complex interplay between environmental, economic, cultural, and political factors in natural resource decision making. Note: this class does not meet every year.

The course provides an introduction to the theory, process, and practice of negotiation as an element of, and an alternative to, litigation. We will examine the basic stage of a negotiation, the major tensions at play in negotiation, distributive bargaining and problem-solving negotiating techniques, power dynamics, and negotiation ethics. The class is designed to help students develop negotiating skills (and develop a framework for ongoing self-learning) through negotiation role-playing simulations, group discussion, and regular journal and short writing exercises. Grades will be based approximately 50% on the quality of student's classroom contributions in discussion and simulations and 50% on the class writing assignments, culminating in a final journal project. Please note that attendance for the course is mandatory, because one student's absence frustrates not only that student's opportunity to learn but also the learning opportunities of students matched with him or her in that day's rol-play exercise. If you cannot attend every class session, including the mandatory first class, you should not enroll in the course.

Nonprofit organizations are an influential and significant sector in America. They range from small volunteer organizations to large corporations. This course will concentrate on understanding the unique tax and legal concepts applicable to non-profit organizations as well as the practical procedures utilized in forming a nonprofit, operating and governing a successful nonprofit, dealing with nonprofit tax, business and fundraising issues, understanding the state and federal regulation of nonprofits and, finally, effectuating the merger or dissolution of a nonprofit organization. The principal objective on this course is to introduce the law student to the world of nonprofit law so that as a lawyer, he or she can be prepared for an active role in establishing, advising, serving on the board or even working as in-house counsel for a nonprofit organization. Classes will be a combination of lectures, discussions, preparation of documents, group problem solving, and evaluation of solutions to actual practice queries. Grading criteria for the course will include participation, assignment and project/memo preparation, and a final examination. Regular attendance is required.

Students earn academic credit by working for civil legal services/legal aid organizations and private, nonprofit, 501(c) (3) organizations. See the Externship Manual and each semester's syllabus for details. 1-3 credits summer/fall/spring

Objections This course will focus on making and meeting objections during trial. What is a leading question, compound question, irrelevant question? The course will explain when to object to an improper qeustion and how to rephrase a question in the 'heat of battle.' The course will cover evidence, civil procedure and hearsay. Framing proper questions and detecting improper ones is an art form filled with nuances and quick wit. The course will train you to think on your feet and learn the basic rules of trial evidence. Priority registration given to Trial Team members. Prerequisite: Trial Ad or Legal Skills IV.

Partnership Taxation: This course is an introduction to the federal income tax treatment of partnerships, including LLCs treated as partnerships, and their owners. Topics covered will include the tax classification of business entities as partnerships, partnership formations, allocations of partnership income and losses to partners, transfers of ownership interests by partners, distributions from partnerships to partners, terminations of partnerships, and a comparision of "S corporations" to partnerships. Prerequisite: Law 311 Federal Income Taxation Recommended: Law 320 Business Associations

Patent Appeals and Interferences The course will cover ex parte and inter partes appeals to the Board of Patent Appeals and Interferences (BPAI). Matters considered will include jurisdictional requirements for appeal, as well as practical considerations bearing on the decision to appeal or continue prosecution before the patent examiner. Briefs and oral arguments before the BPAI and review of BPAI decisions in the courts will be addressed. The fundamentals of interference law and procedure before the BPAI will be explored. Interference concepts covered will include: conception; reduction to practice; diligence; 'the standing order'; interference counts; motion practice; discovery; the first and second 'final' hearings; and review in the courts. Patent reissue, patent reexamination, and proposals for post grant cancellation will also be discussed.

The course will present the essential principles of the patent law, as well as significant policy considerations which are the basis for many patent doctrines. Highlighted will be decisions of the Supreme Court and the Court of Appeals for the Federal Circuit.

Patent Litigation Seminar: This seminar considers procedural and substantive issues surrounding patent litigation and administrative remedies that are available for patent disputes. Topics will include a broad range of issues relevant to the subject that may include jurisdictional matters, cease & desist letters, pleadings, motions, discovery, jury trial, remedies and appeals. The exact selection of seminar topics will be identified on the seminar syllabus. Prior successful completion of Intellectual Property Survey or Patent Law is strongly preferred. Civil Procedure is a prerequisite. This seminar is not intended to provide the basic coverage of Patent Law but rather it is intended to build upon the fundamental knowledge of that subject. For two credits, the students, in consultation with the professor, will prepare a footnoted or end noted research paper between 20 and 25 pages in length. For an additional credit, the minimum page requirement is 35 pages.

A survey of problems generated by philosophical reflection on the law. The central topic will be the fundamental nature of the law. Is the law reducible to social facts? To morality? To neither of these things? But other topics will also be dealth with, including: the structure of legal systems, the nature and possibliity of authority, whether there is a moral duty to obey the law, the status of international law, the lawmaking role of courts, and the effect of semantic and moral theories on adjudication. Classics in the field - including John Austin, H.L.A. Hart, Hans Kelsen, Ronald Dworkin, Joseph Raz and the American Legal Realists - will be discussed, as will arguments by some more recent writers.

Post-Conflict Justice and the Rule of Law This course will cover two aspects of post-conflict justice: retributive and restorative justice with respect to human depredations that occur during violent conflicts and mechanisms for restoring and enhancing justice systems that have failed or become weakened as a result of such conflicts. Areas of study will include policy issues relating to accountability, mechanisms for assessing accountability, post-conflict peacekeeping and justice, and (re-)establishing the rule of law in post-conflict environments. A paper, which will satisfy the writing requirement, will be required.

This one credit course will meet on on two Saturdays at the William & Mary's DuPont Office in Washington, DC. The course will focus on the legal issues and consideration in post-election disputes. In general, such disputes take the form of either recounts of contests. The first describes the process of retabulating ballots cast in an election. The second describes challenges brought to the election process itself - including election administration, standards, claims of fraud, etc. Both recounts and contests can be handled administratively, judicially or legislatively (i.e., as part of the seating process). This course will touch on each of these processes and will focus on the related constitutional issues - including due process, equal protection, federalism, separation of powers and the political question doctrine. Some attention will also be paid to the strategies and tactics most often employed in such disputes. In addition to class participation, grades will be based on a short paper - 10-15 pages analyzing the legal concerns and strategies available under different existing state recount statutes.

This is a course about learning to use power and influence as effective tools for both understanding your surroundings and achieving your goals. It is a course about getting things done in the real world, where politics and personalities can often seem to hinder rather than help you. It is a course for those of you who want to make things happen, despite the obstacles that might stand in your way. Consequently, it is a course about you. Course Objectives: This course presents conceptual models, tactical approaches and self-assessment tools to help you understand political dynamics as they unfold around you and develop your influence style. By focusing on specific expressions of power and influence this course gives you the opportunity to observe their effective and ineffective uses in different contexts and stages of a person's career. The subject matter will introduce different ethical questions. This course should challenge you to define what will constitute the ethical exercise of power and influence in your life. In this course we will rely on a mix of case studies, exercises, self-assessment tools and readings. Your grade will be based 50% on class participation and 50% on the final paper.

The Presidential Public Financing System: An Overview of the System and Options for Reform. The presidential public financing system is at an historic crossroads: With Barack Obama's recent decision to turn down public funds for the general election, and become the first presidential candidate since Watergate to privately finance his election, many election law scholars and practitioners believe that the presidential public financing system is broken and beyond repair. However, both Senator Obama and Senator McCain have supported past proposals to overhaul and modernize the presidential public funding system, and there are increasing signs that Congress will seriously consider various overhaul proposals in 2009, which could take effect for the 2012 presidential election. This course will analyze the presidential public financing system, the regulations and restrictions that apply to candidates who accept public funds, and major court decisions that have addressed the constitutionality of public financing regimes. We will also study various legislative proposals to overhaul the presidential public funding system and will debate whether there should be a presidential public financing system at all in the 21st century. We will also discuss several proposals to extend public financing to congressional elections. The course will emphasize the unique blend of legal, constitutional, political, and public policy issues that influence contemporary debates about the future of the the presidential public financing system.

International Taxation: This course is an introduction to the United States income tax treatment of income derived from foreign sources by U.S. persons, including legal entities, and income derived from U.S. sources by foreign persons. Topics covered will include the tax classification of persons as U.S. or foreign, the different treatment of different types of income (for example, investment versus business income), certain "inbound" and "outbound" transactions involving U.S. and foreign corporations, U.S. withholding taxes on income of foreign persons, the deferral of U.S. tax on foreign-source income of foreign corporations controlled by U.S. persons, the U.S. tax credit for foreign income taxes of U.S. persons, and the impact of tax treaties. Prerequisite: Law 311 Federal Income Taxation

1-3 credits summer; 1-2 credits fall/spring; maximum of 4 credits can be applied toward degree requirements. Students earn academic credit by working for solo practitioners, law firms, and in-house law departments of corporations. See the Externship Manual and each semester's syllabus for details.

New technologies are changing the ways information is gathered, used, shared and disseminated. This course will review the laws that have emerged in response to these developments and cases that have attempted to apply them. Particular emphasis will be given to (1) the historical roots of privacy law in the United States and elsewhere; (2) the balance between the individual's right to protect and control personal information and the corresponding duty placed on public and private entities possessing such information; and (3) the shifting balance of these rights and duties in rapidly changing technological contexts. The course will examine these issues in a variety of settings (in the workplace, court record rooms, doctors' offices, police databases, etc), and across legal disciplines (tort law, criminal law, constitutional law, etc.). Finally, the course will examine the shortcomings of legal solutions in protecting privacy and emerging technological alternatives some think are better. Grades will be determined by class participation and a final paper.

Private Equity & Venture Capital Covers the essential principles of the risks and rewards associated with Private Equity and Venture Capital. Financial analysis of a business and risk/return characteristics, business valuation methods, and the financing sources are covered to better understand the required returns to risk investors. Other topics include: fund raising, early stage, middle stage and ultimately late stage investments; buyouts and exit strategies; the structuring of the 'deal'; the creation of term sheets, negotiation strategies, and human capital and resources. This is a non-law course cross listed with law. The course materials will be found in Blackboard.

This course will compare the ways countries and cultures approach and reify constitutional issues. Transnational constitutional norms and themes will be analyzed. Readings, discussions and presentations will focus on issues such as roles and functions of constitutions, economic and social protections, forms of government and balances of power, and consitutional protection of human rights. Constitutional processes in the modern era, including in post-conflict environments, will be examined. .

This seminar will consider various topics regarding criminal law. The nature of the topics will change from term to term.

A study of the product-related injuries to person and property. The major concentration will be on liability for injuries caused by defective and dangerous products, with additional consideration of product safey legislation.

This course is designed to introduce international attorneys to legal professional responsibility in the United States.

The final examination on legal professional and ethical issues for the Legal Skills Program. Operates in conjunction with Legal Skills IV. Students must enroll in either section 01 or 02 of Law 115 in conjunction with Law 114.

Property: Property focuses on the rules for acquiring, using, dividing (in various dimensions), and losing rights over scarce resources. Most material concerns realty, with limited consideration of person property. Property will introduce the rudiments of capture, finds, and adverse posession; landlord-tenant law; the system of estates; co-ownership; easements; and restrictive covenants. In addition to these private law subjects, the course will introduce zoning and takings/

Property Rights Seminar This course will examine the constitutional protection afforded property and economic rights throughout American history. Among other topics, the course will cover colonial attitudes toward property ownership, the role of property rights in framing the Consitution, the early use of eminent domain, the growth of the contract clause, the impact of the Civil War, the evolution and application of due process, utility rate regulation, early land use controls, and changing interpretations of the takings clause of the Fifth Amendment. It will conclude with a look at the status of property rights in modern American society. Students will be expected to attend the Property Rights Conference on Friday, October 18, 2013. Grading in this course will be based on class participation and the preparation of a 10-page paper. The paper must be submitted no later than three weeks after the conclusion of the course.

Prosecutor Externship: Students earn academic credit by working for prosecutors. Placements with U.S. Attorney offices are covered by the separate U.S. Attorney Externship. See the Externship Manual and each semester's syllabus for details. 1-3 credits summer/fall/spring

Public policy analysis is vital for defining problems and evaluating alternative solutions that lead to new laws, regulations or government policies. This course prepares students to deal with an increasingly regulated business environment, rapidly changing regulations in environmental science, and the widening scope of the practice of law. Offered one evening per week throughout the semester, the course is team taught by an economics professor and a political science professor in an engaging seminar format using provacative materials with practical application. Topics include markets, political economy, market failure, equity and effiiciency, government failure, regression analysis and surveys (including political option polling) and data collection for public policy analysis. Prior exposure to economics or statisticsa is helpful but not required, and college algebra is sufficient mathematical preparation for the course. Satisfactory completion of this course is a prerequisite for enrollment for graduate students outside Public Policy in subsequent Public Policy courses, whether or not they are cross-listed outside of Public Policy. This is a non-law course crosslisted with Law and the course materials will be found in Blackboard.

Public Defender Externship: Students earn academic credit by working for public defenders. Placements with U.S. Attorney offices are covered by the separate U.S. Attorney Externship. See the Externship Manual and each semester's syllabus for details. 1-3 credits summer/fall/spring

An examination of the nature and sources of international law and municipal law; the law of treaties; principles of jurisdiction; statehood and recognition of states and governments; sovereign immunity; rights of aliens; human rights; environmental issues; and regulation of international coercion.

Selected Topics in Race and American Legal History Seminar topics will vary from term to term but will focus on race as it relates to American legal history.

Problem oriented analysis of tax aspects of real estate investment from a life cycle perspective of acquisition, operation and disposition. Areas studied are: start-up costs; acquisition costs and capital vs. ordinary expenditures; treatment of interest and depreciation; anti-tax shelter limitations on tax losses; deferred payment (installment sale and basis recovery reporting) and non-recognition like-kind exchange and involuntary conversion techniques; character issues including treatment of real estate dealers. Many topics are most frequently litigated by IRS. This is the principal area of common law of taxation; tax policy and politics are also examined. Prerequisite: Law 311 Federal Income Tax

This course will deal with residential and commercial real estate transactions both from a practical and a theoretical perspective. The course will cover purchase and sale agreements, deeds, recording acts, financing, residential and commercial leases and real estate development. Class discussion will focus on both the analysis of case decisions and practical aspects of real estate law.

This course provides a survey of how the state intervenes to address major market failures with emphasis on regulation of competition, natural monopolies, externalities, and imperfect information. We will examine the reasons why markets fail and the theoretical rationale behind government intervention to correct those failures. We will study the tools the state uses to regulate markets including price and rate regulation, command and control regulation, market-based mechanisms, and incentive regulation. We will also analyze the economic consequences of various forms of regulation. The course will include case studies of a variety of regulated industries including electricity and utilities, telecommunications, and transportation. This course should be taken by students who want to work in a regulatory agency, on a house or senate committee that deals with regulated industries, in a law firm that deals with regulatory matters, or in a regulated industry. COURSE OBJECTIVE: At the end of the course students should understand and be able to explain to others the economic rationale for government regulation of markets. Students should also be able to evaluate the likely consequences of a regulation given appropriate information about the regulated industry and the policy in question. Students will be familiar with key types of economic regulations and the ways the regulations work (or fail to work) to increase efficiency. Students will also have an increased understating of key regulated industries. METHOD OF EVALUATION: Students will take midterm and final examinations, each accounting for 30% of the final grade. Students will also develop an industry case study which they will present orally and in writing (12 to 15 page paper) that will account for the remaining 40% of the final grade. This is a non-law course cross listed with law. The course materials will be found in Blackboard.

Remedies: This course explores the law of judicial remedies in civil litigation. After reviewing the main differences between law and equity, we will study the main types of remedies-- damages (compensatory and punitive), declaratory judgments, injunctions, restitution, and litigation costs--considering both their basic characteristics and finer points that emerge in judicial decisions. Substantive examples will come primarily from contract and tort law, but property interests, statutory violations, and constitutional harms also will be discussed. Grades will be based on a final exam and additional credit for outstanding class participation.

Mediation: 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. This is a 3 credit, graded course

This course examines the increasingly prominent role legal history plays in modern U.S. Supreme Court opinions. The class will survey recent cases decided primarily with historical reasoning, examine the cited historical sources directly, and consider academic praise and criticism of the judicial invocation of legal history all toward the goal of equipping students to confidently incorporate historical argument into their legal thinking as well as their future advocacy.

Special Problems in Post-Conflict Justice and the Rule of Law Seminar Throughout the post-conflict and developing world, Rule of Law teams work on creating and reforming legal systems, drafting new legislation, and introducing and strengthening the Rule of Law. Often they work in isolation and dangerous conditions without the benefit of assistance from law clerks or legal researchers. In this seminar, students will serve as long-distance law clerks to Rule of Law teams in post-conflict and developing . Working in teams of two, students will be assigned a legal problem currently confronting a development team in a post-conflict or developing country. Ideally, students will work in contact with the legal team in their assigned country. The final research memorandum will be turned into the field team for its use. Possible countries from which legal problems will be assigned: Afghanistan, Argentina, Azerbaijan, Cambodia, China, Kosovo, Libya, Sudan and Zimbabwe.

This course deals with commercial and consumer sales transactions governed by Article 2 of the Uniform Commercial Code. Coverage includes: contract formation and readjustment; general obligations of the buyer and seller; contract performance; risk of loss; warranties; breach, repudiation and excuse; remedies; and federal legislation affecting these issues.

A study of Article 9 of the Uniform Commerical Code governing security interests in personal property and fixtures.

Securities Regulation in Europe The course will examine the European Financial Services Action Plan and how, for financial markets ans services, it has developed the general freedoms (freedom of establishment, freedom to provide services) established under European Law. The course will also review the common requirements imposed to harmonize business conduct rules on the stock markets (Directive on Market Abuse). Lastly, following the general trend towards corporate governance reform, the course will consider European developments in the area and the European response to the Sarbanes-Oxley requirements.

This survey course examines the federal law and policies governing the purchase and sale of securities, particularly the Securities Act of 1933 and the Securities Exchange Act of 1934 and related regulations. The first portion of the course will deal with the securities law issues faced by privately-owned companies up to and including a company's initial public offering. The second portion of the course will deal with the issues faced by public companies, including periodic reporting, insider trading, and selected business transactions. Pre-requisite: Law 303 Corporations I or Law 32 Business Associations

This course will compare the ways countries and cultures approach and reify constitutional issues. Transnational constitutional norms and themes will be analyzed. Readings, discussions and presentations will focus on issues such as roles and functions of constitutions, economic and social protections, forms of government and balances of power, and consitutional protection of human rights. Constitutional processes in the modern era, including in post-conflict environments, will be examined. .

Selected Topics in Admiralty Law: Through in-depth study of admiralty jurisprudence and wrongful death and injury, the course examines the inner workings of maritime law and grapples with current uncertainties and challenges facing maritime lawyers. In addition, a survey of recent piracy and treasure salvage cases provides insight into the utility and limitations of criminal and admiralty jurisdiction over matters occuring on the high seas.

Electoral Reform-Developing Election Standards This course will provide students with the framework necessary to explore the current status and the development of electoral reform in a comparative setting of U.S. and international law. The course objective is two-fold; first, to foster a more thorough analysis of national and international election law, and second, to provoke student thought towards a better application of the underlying normative principles within the need for reform. Student participation is required.

This seminar will consider various topics regarding English legal history. The nature of the topics will change from term to term.

Selected Topics in Immigration & Citizenship Seminar: In this mini-course, students will explore timely topics of immigration and citizenship. Students will be evaluated by an exam and class participation could be a factor in determing the final grade.

This course will examine both the benefits and the costs that have resulted from increasing interdependence among national economies as globalization facilitates the cross- border flow of capital, goods, services and technology. Selected topics will include international intellectual property; issues of increased economic growth and efficiency; job loss versus job gain due to free trade; the special needs of developing countries; economic inequality, the impact of these economic policies on global environmental degradation; economic integration (such as the creation of the World Trade Organization, the North American Free Trade Agreement, and the European Union); the relationship, if any, between markets and democracy; race, ethnicity, and culture, specifically as they relate to structural market reforms.

This seminar will consider various topics regarding American Legal History. The nature of the topics will change from term to term.

This seminar will consider various topics regarding criminal justice. The nature of the topics will change from term to term.

This seminar explores the primary mechanisms of enforcement of the federal securities laws: criminal prosecution, civil enforcement proceedings by the Securities and Exchange Commission, class actions by private litigants, and arbitration of broker/customer disputes. The seminar will focus on typical remedies (imprisonment, injunctions, occupational bars, restitution, fines and civil penalties) rather than the substance of the securities laws. Completion of Securities Regulation is not required but may be helpful in understanding some of the materials. Satisfies the writing requirement.

This course is a one credit, one-week, intensive review of recent constitutional developments in the field of constitutional federalism. Specifically, the course would examine the following three areas each taken from very recent decisions of the U.S. Supreme Court: 1) The 'Obamacare' case (the scope of national enumerated powers), National Federation of Independent Business v. Sebelius, 2) the Gun Control Law cases ('the Second Amendment...the right to keep and bear arms') of Heller v. District of Columbia and McDonald v. City of Chicago and 3) the Arizona 'illegal immigrant' case of Arizona v. United States (the scope of national enumerated powers, and the tenth and fourteenth amendments). These three current topics and the several edited principal cases (to be supplemented with accessible references to subsequent lower court decisions) will be discussed in this one week long mini course. A short paper will be required of each student

The students will explore alternative solutions to planning issues encountered by small businesses, including formation, compensation to labor and capital and retirements. The course emphasizes income tax planning but requires the synthesis of state partnership and corporate law, and other non-tax rules with tax planning. Prerequisite: Law 311 Federal Income Taxation Suggested but not required: Law 303 Corporations or Law 320 Business Associations.

This seminar will consider various topics regarding criminal justice. The nature of the topics will change from term to term.

This seminar will consider various topics regarding international law. The nature of the topics will change from term to term.

This course will examine the phenomenon of global climate change and its implications for law and policy across all institutional levels. Climate change will be examined both as a physical and social phenomenon with implications for scientific, legal, economic, and political systems. In addition to exploring the global response, the course will study the U.S. approach, including federal, state, local and private initiatives. Topics of study may include, among others, renewable energy, sustainable land development, property rights and climate change, food sustainability, carbon sequestration, and regulation of greenhouse gas emissions.

Bankruptcy & Bailout This seminar will examine the 2008-2009 financial crisis through the lens of bankruptcy law and policy, focusing on the auto bailouts and the new regulatory response to the problem of insolvent banks that are 'too big to fail.' Bankruptcy Law is a prerequisite. A paper will be required.

This seminar will consider various topics regarding civil procedure. The nature of the topics will change from term to term. This is a one-credit, graded course.

This course will consider various topics regarding European Internet Law. The nature of the topics will change from term to term.

This seminar will consider various topics regarding judicial administration. The nature of the topics will change from term to term.

Special Topics in Legal History: The Conduct of Trial in Colonial Virginia Supposed you lived in early Virginia and you came before the colony's courts as a party in a civil action, or a criminal prosecution. If you were a litigant, who represented you, and how did the cause proceed from filing to judgment? In what court was your case heard? What avenues of appeal were open to you? If you were an accused felon what court tried you? What rights were yours from arrest to trial? How did you defend yourself? If you were found guilty, could you appeal your conviction? In what manner did colonial magistrates deal with petty criminal offenders? Answering these questions invites explorations of colonial judicial proceedings with an eye toward discerning differences between how courts worked in Colonial Virginia in the 17th and 18th centuries in comparison to their operation in modern times. An understanding of how things worked also requires a grasp of the early courts, their jurisdictions, their staffing, where they met, and how they changed from the 1620s to the 1770s. Hence, this mini-course offers students an opportunity not only to learn about colonial era courts and trials but also to appreciate how these practices influenced the development of modern judicial processes. The class will consist of lectures and discussions. In lieu of an examination, students must submit a short paper on a topic developed in conjunction with the instructor that is drawn from the materials covered in the course. More information on the course and on the paper will be provided as part of the syllabus, which will be posted online. Final grades will be calculated on the basis of seventy per cent for the paper and thirty per cent for in-class discussion.

This one week mini-course features national and regional experts teaching the following topics: special education case law, legislation, and regulations; utilizing evaluations, tests and measurements in determining eligibility in special education, and in the preparation of Individualized Education Programs and Section 504 Plans; issues of juvenile justice, behavior and discipline for students with disabilities; strategies for negotiating with schools and working with parents; dispute resolution procedures in special education; preparing legal claims and remedies on behalf of students with disabilities who are denied an appropriate education; and creating systemic change in the system. Students will attend more than 25 hours of instruction with fellow attorneys, law students, and experienced advocates interested in learning how to represent children and families in special education. Preparation for and participation in all sessions is required, as well as a paper of no less than ten double-spaced pages on a mutually agreeable topic. This is a two-credit graded course. Further scheduling details can be found on the PELE Clinic website.

Special Education Advocacy Clinic (PELE): This clinic offers eight students the opportunity to assist children with special needs and their families in special education matters. This may include assistance in eligibility meetings, Individualized Education Program (IEP) meetings, discipline matters, mediation, administrative hearings, complaint drafting, and court proceedings. Clinic skills include interviewing, counseling, problem solving, informal and formal written and oral advocacy, negotiation, mediation, development of case theory and strategy, and file management. Students will identify obstacles, defuse emotions, and clarify legal issues. They will learn how to put a case together for a successful outcome, while managing client expectations and meeting client goals. In this clinic, the students will also teach parents effective advocacy and negotiation skills through public presentations and preparation of materials. Students will be graded on the quality of their work in educating families, representing clients and handling multiple cases, their ability to work collaboratively with other students in the clinic and those from other disciplines, and their written work associated with client representation. Students will be required to attend class sessions, work on clinic cases, attend regular case meetings with the Professor, and assist clinic operations when requested. Students are required to work on clinic cases and assist clinic operations for 8 hours each week, including case rounds and meetings with the supervising attorney. This clinic will be taught by Professor Patty Roberts, and the seminar and case rounds will be held on Tuesdays and Thursdays from 10:00-11:15 am. To receive credit for this course, each student MUST attend the first meeting. Graded course. NOTE: This will be offered as a summer school clinic as well; if interested, contact Professor Patty Roberts at perobe@wm.edu.

Special Education Law & Advocacy Special education litigation is exploding, resulting in three decisions from the U. S. Supreme Court in three years. Students in this multi-disciplinary course will learn about federal statutes and regulations governing the education of children with disabilities, their historical basis, evolution, and expected future developments. This course will focus on the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act, the No Child Left Behind Act, the Family Educational Rights and Privacy Act, and the McKinney-Vento Homeless Assistance Act. Students will learn about the disabilities, from visible physical handicaps like cerebral palsy, to 'hidden handicaps' autism spectrum disorders and learning disabilities. Students will learn to use data from psycho-educational evaluations to determine a child's unique needs, and whether the child is progressing and receiving a free, appropriate public education. This 3 credit course will be graded, with the grade determined through an examination at the end of the semester. Pre-requisite (or concurrent requisite in spring 2009) for Special Education Advocacy Clinic.

This seminar will study the foundations of the common law, with a special emphasis on the law of torts and the law of contracts. We will examine both the historical foundations of the common law (How did we get this law?) and its normative foundations (Is this law justified?). Readings for the class will include a mixture of cases, historical materials, and classic and contemporary articles on tort and contract law. We will examine normative arguments based on both economics and moral philosophy. Each student will produce a final paper, and the grade will be based on the paper and class participation. At some point during the semester, refreshments will be served.

Electoral Reform-Developing Election Standards This course will provide students with the framework necessary to explore the current status and the development of electoral reform in a comparative setting of U.S. and international law. The course objective is two-fold; first, to foster a more thorough analysis of national and international election law, and second, to provoke student thought towards a better application of the underlying normative principles within the need for reform. Student participation is required.

This seminar will consider various topics regarding environmental law. The nature of the topics will change from term to term.

This seminar will consider various topics regarding juvenile law. The nature of the topics will change from term to term.

This seminar will consider various topics regarding sports law. The nature of the topics will change from term to term

This course will introduce a compendium of legal issues as they apply within the context of professional and amateur sports. The course will also provide both practical and theoretical approaches to sports industry legal issues. The negotiation of sports contracts, the argument of preliminary injunctions and the conducting of hearings on discipline and gender equity issues will be discussed. Readings will consist of case law in the sports area as well as sports law articles of interest.

Students earn academic credit by working for state or local government agencies and offices, such as city/county attorneys or attorneys general (other than the Virginia Attorney General, which is covered by the separate Virginia Attorney General Externship). Placements with prosecutors and public defenders are covered by the Criminal Litigation Externship. See the Externship Manual and each semester's syllabus for details. 1-3 credits summer/fall/spring

State and Local Government Finance: Power, Debt, and Special Interests. This seminar first will consider the basic structures restricting the borrowing of money by state and especially local government entities, the common state constitutional limitations on debt incurrence and the historical and policy reasons for such limitations. It also will consider the increasingly common devices by which such limitations are avoided or undermined. The seminar then will address the legal and policy issues raised by the increasing use of tax abatements, government funds and government borrowing to support a wide range of 'private activities,' including public private partnerships, inducements to businesses to locate or expand and subsidies to professional sports teams.

This unique course is part of a new IBRL project called the State Supreme Court Initiative which aims to create a blog about an important source of law in this country that receives scant media coverage: our state supreme courts. In effect, the project seeks to establish a 'SCOTUSBlog for the states.' The first component of the course is classroom-based. This course will meet once a week for 70 minutes. For the first three weeks, Professors Devins and Green will lecture on media law and topics related to the structure and output of state supreme courts. The course will also feature guest speakers from the National Center for State Courts and elsewhere. Subsequent meetings will consist of students presenting their work and discussing worthy cases to cover emanating from state supreme courts. The second component of the course is blogging. Students will be assigned specific states and topics (death penalty, elections, and so forth). Students will prepare 10 memos on assigned state supreme court outcomes. Each memo will contain considered legal analysis. Students will turn in a preliminary draft for comments. A final version will be posted on the State Supreme Court Initiative Blog. Each memo must be 800 words (minimum). The grade for this course will be determined on the basis of the quality of memos submitted. Materials: Materials will be distributed in the form of weekly handouts. Materials will consist of law review and political science literature about state supreme courts and cases/law review articles on medial law topics. Registration: This course is limited to 10 students. Students must apply before they will be allowed to register. To apply, students should submit (1) a short writing sample; (2) a resume; (3) a transcript; and (4) a paragraph about why they are interested in taking the course.

This seminar is a scholarly exploration of the modern debate about how courts should (and do) interpret statutes. The course is not designed to be a comprehensive survey of thinking about statutory interpretation. Rather, the course is designed to introduce you to, and encourage you to think critically about, several of the major theories and themes that inform the modern debate (the virtues and vices of, for example, textualism, purposivism, legislative history, and the public choice theory of legislation). It is also designed to give each student an opportunity to sharpen his or her skills of critical analysis by writing critiques (and also defending) articles addressing issues of statutory consturction. Grades will be based on the short written critiques (less than 10 pages a piece) and classroom participation.

Introduction to American Law This course is designed to provide an introduction into the structure and content of the American Legal System to foreign students who have not received American law training. The course is composed of two components: 1) instruction in American Law and Legal Institutions and 2) Legal Research Training. The substantive element contains materials on the Basic Principles of American Law, The Legal Profession, the Jury System, Constitutional Law, and Torts. The research portion provides a basic introduction into the modern American law library's holdings and computer-based research techniques. The course meets for a total of 15 class meetings for at least 90 minutes at each session and will be graded on a pass/fail basis.

This course will look at the Court's most recent term as well as the current term; this course will also provide students with an opportunity to meet leading advocates and commentators. There will be seven or eight class sessions over the course of the semester. Students will also attend parts of the annual Supreme Court Preview program, Friday, September 28 (around 4-7 pm) and Saturday, September 29 (lunch as well as morning or afternoon sessions). Over the course of the semester, students will discuss last term's health care decision, discuss whether the Court is ideologically divided along Democratic/Republican lines, discuss the affirmative action issue now before the Court, and meet with (among others) Erwin Chemerinsky (Supreme Court advocate and academic commentator), Rick Hasen (election law scholar), and (tentatively) John Yoo (former Justiice Department official and academic commentator). Students earning one credit will write three short papers (each around 4 typed pages) about issues now before the Court; students earning two credits (with instructor permission) will write three short papers and one longer paper (around 10 pages).

Taxation of Mergers & Acquisitions: This advanced course focuses primarily on corporate acquisitions. It will explore different ways to structure both nontaxable and taxable combinations of business entities, the tax goals and consequences of such transactions, and the role of the tax lawyer in representing a party to a business combination. Prerequisitie: Law 438 Corporate Taxation

Terrorism is a special form of political violence that has been used throughout history by both states and sub-state organizations to sustain a wide variety of causes. This course examines the challenges faced in protecting against and responding to acts of terrorism, including the conflicts of law, jurisdictional limits imposed by international and domestic legal regimes, and the need to balance increased security measures against protection of civil liberties. The course satisfies the Writing Requirement.

The Death Penalty This course will explore the history, constitutional rules and implementation of the death penalty in the United States. We will examine the special requirements for a capital trial including the selection of a 'death qualified' jury, use of aggravating and mitigating evidence in the punishment phase of the trial, and the right to effective counsel. Arguments by proponents and opponents of the death penalty will be discussed. Students will write a research paper on an instructor approved topic and present the results of their research in class.

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.

This 3-credit course will examine in depth the First Amendment's guarantees of freedom of speech, press, and association. We will discuss First Amendment theories or justifications; the regulation of various categories of expression including incitement to unlawful action, threats, libel, child pornography, commercial speech, and obscenity; and content-neutral restrictions including limits on symbolic content (e.g., draft card burning, flag desecration, and nude dancing). The course will cover application of the First Amendment to government while acting in special capacities, including employer, educator, landlord, subsidizer/speaker, regulator of the airwaves, regulator of the Bar, controller of the military, prison warden, and regulator of immigration. The course will also cover certain ancillary First Amendment rights, including the right not to speak and the right of expressive association. Finally, we will examine the 'press' and newsgathering rights.

This short course will survey a number of long-term legal developments to argue that, despite modernist trappings, developed economies paradoxically are evolving in the direction of feudalism. We will begin with the disappearance of the Rule Against Perpetuities, which has enabled wealthy citizens (the new nobility) to maintain dynastic trusts over arbitrarily long horizons. We will then examine laws facilitating the creation of gated communities (modern castles) that enable the wealthy to live at greater separation from the rest of society (the new serfs). Other legal changes along with economic fundamentals have created a growing gap in wealth between the new nobility and the new serfs, making society more class-like, along with declines in social mobility and the aforementioned dynastic trusts. Finally, we will study legal rules that have fostered the growing influence of money in politics, and how it enables the new nobles to have inordinate influence in government, just as they had as attendees at the royal court in medieval times. We will assess the extent to which we may be well into the process of creating an upper caste that will have immobile wealth, high income, and influence on government that could last for centuries, like the barons and lords of feudal Europe.

The State Secrets Privilege: Analysis of Supreme Court case in United States v. Reynolds (1953) that first recognized the State Secrets Privilege and its application to current SSP cases involving such issues as NSA Surveillance and the 'Extraordinary Rendition' of individuals by the United States to other countries for interrogation and likely torture (the cases of Khaled el-Masri and Maher Arar). What standards of review should be followed by federal courts? Deference, utmost deference, or a more independent judicial check? What 'balancing tests' should be applied by courts to both protect state secrets and protect the rights of litigants to challenge government practices? What might Congress enact to clarify this area?

The Supreme Court This course will examine (1) selected decisions of the last U.S. Supreme Court term and issues presently before the Court and (2) the relationship between the U.S. Supreme Court and other parts of government, including the ways that elected officials often play a dominate role in shaping the Constitution's meaning. The course will emphasize class discussion and will meet every week. Students are also required to attend the Friday, September 27th Supreme Court Preview program (evening). One or two class meetings may be held on Thursdays at 3:30 (including a tentatively scheduled September 26th class with former Federal Court of Appeals judge and Stanford Law professor Michael McConnell). It is anticipated that there will be two other guest lecturers over the course of the semester. Grading of students will be in this course in two ways. There will be a 2 hour, self-scheduled open book exam in which students will write an essay about topic #2 listed above; students will also write two (2) graded memos (1200-1400 words) over the course of the semester.

The Wire: Crime, Law & Policy: This course explores legal and policy issues raised by David Simon's critically acclaimed HBO series The Wire. Among the topics explored will be wiretapping, confessions, search and seizure, sentencing law, police manipulation of crime statistics, race and the criminal justice system. In addition to class participation, grades will be determined based on a final paper due the last day of class. The class materials will include all five seasons of The Wire as well as cases, law review articles, public policy papers, book excerpts, and statutes. Before enrolling in this course, please be advised that (1) The Wire contains a considerable amount of violence and offensive language, and (2) this course will require you to invest a significant amount of time before the semester begins because all students must watch the first two seasons of the show in advance of the first class.

This course considers the topic of land title and the potential encumbrances and defects that might exist. It will focus on title insurance as an evolved form of risk management with special attention given to the principal title insurance policies currently in use. In particular, the course will discuss the insuring provisions of both the lender's and the owner's policy, exclusions from coverage, claims and claim processing, significant other policy provisions and risk analysis. This class is highly interactive with an emphasis on practical solutions.

Disability Human Rights: This mini-course will examine the current and future status of disability rights around the globe. Beginning with the first human rights treaty of the twenty-first century--the United Nations Convention on the Rights of Persons with Disabilities, whose negotiation the instructor particpated in--we will study how disability rights are conceived and developed around the world. In so doing, we will consider several countries where the instructor is advising governments on drafting or revising their laws (e.g., Vietnam), as well as conducting hands-on human rights training with disabled persons organizations (for example, Bangladesh). We also will look a few specific disabilities (such as Deafness) as a way of identifying themes that cross boundaries and cultures. Students are required to write a 12 page double spaced light research paper. All material will be distributed via MyLaw.

Selected Topics in Employment Law Seminar: Men, Women, Work and the Law: This seminar will focus on sex and gender-related issues in the contemporary workplace. Among the topics to be examined will be sexual harrassment and gender discrimination, office dating policies and other gender-related privacy issues, pay equity issues, workplace sexual stereotyping, and gender-specific employment. The course's orientation will be more practical than theoretical, with an emphasis on real-world fact patterns and challenges viewed from the problem-solving perspective of a working employment law attorney. Prerequisites: None. Although not required, it is recommended that students have successfully completed either the survey course in Employment Law or the Employment Discrimination course prior to enrolling in this class.

Selected Topics in Estate Planning and Elder Law Seminar This seminar will examine the issues involved in crafting comprehensive plans for the management of financial and medical affairs for diverse clients, and the practical application of principles covered in Trusts & to the analysis of client situations and the preparation of appropriate documents. Case studies will progress from basic planning considerations to the more complex issues issues involved in planning for blended families, minors, the disabled, and the elderly, including incapacity, long term care and Medicaid issues; the consequences of the failure to plan or poor planning; and alternate courses of action. Classes will include simulated client conferences, discussion of ethical issues, and practical exercises. Prerequisite: Trusts & Estates

Since its inception, insurance has evolved from a purely private contractual arrangement to a highly regulated industry. This course will explore how legal and regulatory principles have changed to address this ever more complex industry. We will also explore the public policy underpinning the development of our complex insurance regulatory system. Specific topics covered will include the creation and growth of the regulatory process, the state versus federal debate over the regulation of insurance, the powers of state insurance commissioners (both legal and practical), and how the regulatory process imposes specific restrictions and requirements on certain areas of insurance and certain types of insurance products. We will also explore how public policy pressures are currently affecting insurance law and regulation (e.g., legal and legislative reactions to the insurance industry's handling of major catastrophes, such as hurricane Katrina, the attempts by both the states and the federal government to create residual markets to cover losses which the private market is unwilling to take on, and the effect of the current health care reform debate on the health insurance landscape). In addition to the writing requirement, students will have an opportunity to participate in a debate on the comparative benefits of state and federal regulation of insurance and to select a cutting-edge topic for class discussion.

This seminar will consider various topics regarding intellectual property. The nature of the topics will change from term to term. This is a one-credit, graded course.

This short course offers students an introduction to the international criminal justice system, by critically exploring recent topics and trends. Topics to be covered will include the national prosecution of the crime of piracy, the admissibility of cases at the International Criminal Court (situations of Kenya and Libya), and the position of the Defence in the procedures at the Extraordinary Chambers in the Courts of Cambodia. Grades will be based on a final examination.

This seminar will consider various topics regarding disability and bioethics. The nature of the topics will change from term to term. This is a one-credit, graded course that may be taken up to two times. Students are required to participate in classroom discussion and produce a short paper.

A survey of the legal system's responses to problems arising from personal injury and property damage. Concentration on the legal doctrines relating to liability for harm resulting from fault and to strict liability. Analysis of the goals and techniques of accident prevention and compensation for loss.

Disability Human Rights: This mini-course will examine the current and future status of disability rights around the globe. Beginning with the first human rights treaty of the twenty-first century--the United Nations Convention on the Rights of Persons with Disabilities, whose negotiation the instructor particpated in--we will study how disability rights are conceived and developed around the world. In so doing, we will consider several countries where the instructor is advising governments on drafting or revising their laws (e.g., Vietnam), as well as conducting hands-on human rights training with disabled persons organizations (for example, Bangladesh). We also will look a few specific disabilities (such as Deafness) as a way of identifying themes that cross boundaries and cultures. Students are required to write a 12 page double spaced light research paper. All material will be distributed via MyLaw.

Trademark Law: An overview of federal trademark law and policy, including the acquisition and loss of trademark rights, the trademark registration process, issues relating to scope and enforcement of rights across geographic boundaries, trademark infringement and dilution, lawful unauthorized use, and remedies. Related issues such as federal false advertising law and state right of publicity law may be considered.

This course will explore some of the challenges faced when suing foreign defendants in American courts. We will consider issues such as the extraterritorial reach of American statutues, the limits of personal and subject matter jurisdiction, choice of law problems, problems in the discovery process, problems of enforcement, diplomatic interference, and some of the alternatives to traditional litigation, especially international arbitration.

Trial Advocacy - Basic Advanced Litigation: 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) for credit. Pre-requisite: satisfactory completion of Evidence. For Trial Advocacy-Technology Augmented: see term description. .

Trial Strategy and Persuasion This is an advanced trial advocacy course designed to hone learned skills of trying cases. Through lecture and simulation, the course will provide techniques for both prosecution and defense in civil and criminal cases. Students will role play during most class periods. Course will be graded on skills learned and class participation. Prerequisites: Evidence and Trial Advocacy. Course is strongly suggested for Trial Team members.

A study of the law governing inter vivos and death time gratuitous transfers of property. Aspects covered include transfers under intestate succession statutes; the law of wills, including the formalities of execution, testamentary capacity, undue influence and fraud, interpretation, and revocation; non-probate transfers; the law of trusts, including methods of creation and termination, rights and interests of the beneficiary, and special problems relating to resulting, constructive and charitable trusts; and fiduciary administration, including an introduction to probate proceedings and problems of trust administration.

Students earn academic credit by working for the civil or criminal divisions of U.S. Attorney offices. See the Externship Manual and each semester's syllabus for details. 1-3 credits summer/fall/spring

2-3 credits summer/fall/spring Students earn academic credit by working for divisions/sections of the Virginai Attorney General's office. See the Externship Manual and each semester's syllabus for details.

Virginia Coastal Policy Clinic: The Virginia Coastal Policy Clinic (VCPC) will work in partnership with William & Mary's Virginia Institute of Marine Science (VIMS) to integrate the latest science with legal and policy analysis to propose solutions to coastal resource management issues. Students in VCPC will learn the challenges currently facing Virginia's coastal regions, and will, after appropriate legal and policy analysis, educate the Virginia policymaking, non-profit, legal, business, and military communities and, when appropriate, propose adaptive strategies for localities. As a result of the interdisciplinary partnership between the law school and VIMS, VCPC's analysis and resultant recommendations with the foundational support of VIMS scientific data, will provide the most informed recommendations for Virginia coastal management currently available. VCPC students will address a variety of coastal resource management issues affecting Virginia, some of which are likely to include sea level rise, aquaculture, living shorelines, Bay-wide TMDL implementation, and public/private right disputes. In addition to research and writing related to these issues, and legal and policy analysis and resultant recommendations, students in VCPC will be responsibile for exploring scientific data with VIMS, interviewing members of constituences impacted by the issues, and preparing for and presenting education and outreach sessions for such constituences, for instance in conferences or town hall settings. Local ordinance or legislative drafting may also be necessary, as well as the drafting of white papers focused on coastal management and adaptive strategies. Enrollment is limited to 8 students; 2Ls and 3Ls may register. To receive credit for this course, each student MUST attend the first meeting. Graded course.

1-3 credits Spring Students earn academic credit by working for members of the Virginia Senate or House of Delegates during the spring General Assembly session. See the Externship Manual and each semester's syllabus for details.

Veterans' Benefits Clinic I In this multi-disciplinary clinic, students will learn veterans disability law and procedure and will aid military veterans in the filing, adjudication, and appeal of their disability claims with the Veterans Administration. Law students will work within the curriculum to create and deliver outreach programs to veterans covering the legal aspects of a disability claim. Students will also advocate and negotiate for veteran clients orally and in writing to administrative boards and the Court of Appeals for Veterans Claims to appeal adverse decisions of the veterans' claims. Students will work in conjunction with the psychology students at VCU to refer clients for assessment, counseling, and therapy as needed, and may work with graduate students from additional disciplines in responding to veteran client needs. Weekly class sessions and supervisory case meetings will be held, with occasional sessions at VCU. Students will also be required to staff weekly office hours to assist with veteran inquires. VBCI is three credits and is graded. Students interested in VBC2 must take VBCI. The first Friday of the first week of classes is a mandatory class from 9:00 AM to 3:00 PM for all VBCI students. Only pre-approved absences are excusable.

Veterans' Benefits Clinic II This course requires a 20 page paper or comparable project that identifies a problem with the current veterans disability process, and designs a solution to address that problem, or studies the impact of disabled veterans on a particular community, with identification of any anticipated need for additional resources, or increases awareness and education about the veterans disability process to veterans and their families. Two thirds of the grade will be based on the paper or the project, with one third of the grade awarded for a student's work in advocating for the clinic's veteran clients. This course builds on the student's work of VBC1. VBC1 is a prerequisite. Students may opt to meet the writing requirement.

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

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.

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

Preparation and editing of student notes for the William & Mary Business Law Review; editing of professional articiles. Limited to the board and staff members of the Review.

Preparation and editing of student notes for the William and Mary Environmental Law and Policy Review; editing of professional articles. Limited to the board and staff members of the Review.

Topics covered include RICO, mail fraud, tax fraud, bank secrecy and currency reporting offenses, false statements, forfeiture statutes, and selected procedural problems in the prosecution of white collar crimes, including privilege against self-incrimination issues, attorney-client privilege issues, and double jeopardy issues arising from duplicative state and federal prosecution.

Preparation and editing of comments and notes for the William and Mary Law Review; editing of professional articles. Limited to the board and staff members of the Review.

Preparation and editing of student notes for the William and Mary Journal of Women and the Law; editing of professional articles. Limited to the board and staff members of the Journal.

This course covers child abuse and neglect, adoption, legal representation of children, emancipation, status offenses, delinquency, trial of minors as adults, and the constitutional rights of youths. There is no exam for this course. Students will write a research paper on a topic of their choice.