Judicial Clerkship Preparation

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

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

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

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

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

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

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 (Investigation) is not a prerequisite. Students who take Criminal Procedure II may not take Criminal Procedure Survey, LAW 403, for credit. Close Window

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. Students who take Criminal Procedure I may not take Criminal Procedure Survey, LAW 403, for credit. Close Window

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

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

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

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

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

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

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

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