William & Mary

Elective Courses by Title

AI& More;Legal Issues Likely to Arise AI&Related Emerg Tech Law 428

New products, tools, and processes incorporating artificial intelligence, the Internet-of-Things, blockchains, and other emerging technologies are an increasingly common part of modern life. Some, such as driverless cars and smart homes, may change fundamental aspects of daily life. Others, such as complex algorithms have already altered the nature of financial markets. This three-credit seminar provides an introduction to these issues so that students will be better prepared for our complex future. The course will address the implications of A.I. and other emerging technological solutions on subjects such as liability, contracts, intellectual property, criminal procedure, and the administration of justice. A paper is required in lieu of a final examination.

Accounting and Finance for Lawyers Law 422

This course provides an introduction to accounting and finance for students who have had little or no coursework in either area. Accounting topics include the balance sheet, the income statement, the statement of cash flows, and financial-statement analysis. Finance topics include risk, return, time, value of money, valuation, financial instruments, and capital markets. All topics will emphasize implications for the legal profession. The following students are ineligible to take the course without permission of the instructor. - Students who have completed three or more undergraduate-level courses in accounting and finance (counted on a combined basis). For example, a student with two accounting courses and one finance course is ineligible. - Students who have completed any graduate-level course in either accounting or finance (including Law 437 Corporate Finance). - Students who are enrolled in the joint JD / MBA program.

Administrative Law Law 453

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.

Admiralty Law Law 441

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.

Advanced Applied International Research Law 691

After receiving training in International and Comparative Legal and Policy Research, students will be divided into small teams and assigned to work directly with international projects working in developing and post-conflict environments. As requested by project managers, research teams will conduct comparative legal and policy research used to support development and peacebuilding strategies. Participating projects may be located in countries such as Cambodia, China, Uganda, South Africa, Kyrgyzstan and the Hague. Students will be individually assigned to one of the participating organizations and will receive research assignments directly from field supervisors. Over the course of the semester each student will generate 15 to 20 pages of research to be reviewed and graded by Professor Warren before being turned in to field projects. Students interested in participating must apply directly to Professor Christie Warren at cswarr@wm.edu. Please submit a cover letter explaining your interest and any international or comparative coursework you have completed along with a current resume.

Advanced Brief Writing Law 730

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.

Advanced Issues in Constitutional Law Survey Law 312

This course will study issues in Constitutional law that are typically not included or studied in depth in the 1L Constitutional Law Class. Topics covered likely include but are not limited to: Executive power, Constitutional tension with the Administrative State, the Second Amendment, the right to vote, the Dormant Commerce Clause, the Political Question doctrine, First Amendment Speech / Press, School segregation, Procedural Due Process, and the First Amendment Religion Clauses. The goal of this course is to offer 2L and 3L students the chance to study a variety of constitutional doctrines at a deeper level of depth than in the 1L required course but less than what they will learn on a course that focuses entirely on one provision or another. To enroll in this course, students must have completed the 1L Constitutional Law course, but this class is not a prerequisite for or substitute for any other upper-level elective course.

Advanced Lawyering Skills Law 137

This course will build on the knowledge and practical skills gained in Lawyering Skills (135) further to assist LL.M. students in successfully working with U.S. lawyers. In this regard, students will delve more deeply into the professional expectations and responsibilities of those who work with U.S. lawyers. Importantly, students will continue to improve their oral and written communication skills through in-class exercises, simulations and other active class participation. The foregoing will include topics related to interacting with clients, reviewing legal documents, and conducting negotiations and alternative dispute resolution exercises. Students will be graded on a number of oral and written assignments throughout the semester. The final grade will be based on performance on such assignments and class participation. Students will be graded on the following scale: Honors, Pass, and Fail.

Advanced Readings in Political Economy Law 687

This course will introduce students to key debates and themes in Political Economy through classic articles and excerpts from other scholarly works. The course will examine the writings of economists, legal scholars, and political philosophers whose writings illustrate controversies regarding the relationship between law and well-functioning markets in a free society. Topics covered will include planning versus economic centralization, property rights, the boundaries between state and national power, the economic rationale, if any, for redistribution, social and judicial supervision of contracts versus private ordering and the role and limits of market failure as a rationale for regulation. There are no pre-requisites for the course other than completion of the required first year 1L curriculum. This course is required for student fellows of the Center for the Study of Law and Markets but is open to all interested students.

Advanced Writing and Practice - Pretrial Criminal Practice Law 140C

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

Advanced Writing and Practice - Appellate Advocacy Law 140A

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

Advanced Writing and Practice - Pretrial Civil Practice Law 140B

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

Advanced Writing and Practice - Transactional Practice Law 140D

The Transactional Practice course is designed to introduce students to several elements of transactional practice in a deal-based context. Students will learn transactional practice skills through a variety of drafting exercises and assignments designed to familiarize students with the most common issues found in drafting transactional documents. Students will encounter and draft different types of agreements used in transactional practice and will work on understanding, analyzing, and drafting critical sections of contracts. The course will stress the importance of using clear and concise writing skills to articulate agreements accurately and precisely.

Advocacy Regulation Law 375

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

Alternative Dispute Resolution Survey Law 351

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.

American Jury Seminar2 Law 542

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.

Animal Law Seminar Law 587

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.

Antitrust Law 411

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.

Appellate & Supreme Court Clinic I Law 788

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@baileyglasser.com. Applications will be accepted in early March each year (be on the lookout for the application due date in the Docket Digest), and interviews by Skype or in person will be held in late March. 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.

Appellate & Supreme Court Clinic II Law 789

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.

Applied Evidence in a Technological Age Law 308

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.

Art & Cultural Heritage Law 670

Legal Principles in Protecting the Past. This course will introduce students to the concept of cultural heritage and examine the laws and ethics involved with the protection of cultural property. Through discussions of public policy, domestic and international law, and international conventions, students will learn basic principles governing the movement and ownership of cultural heritage, particularly as related to the restitution and repatriation of stolen art. We will explore the effects of war, colonialism, and modern development on cultural heritage through case studies on looted antiquities, Nazi-plundered art, and tribal repatriation. In addition to case law and relevant legal treatises, students will review case filings to develop an understanding of how advocacy works in an emerging area of law. Students will write a graded final paper in lieu of a final examination.

Bankruptcy Survey Law 306

This course will introduce students to the federal law of bankruptcy, which allows debtors to restructure and discharge their obligations to creditors. Although both consumer bankruptcy and corporate reorganization will be touched on, the course will focus on business bankruptcies under Chapter 7 and Chapter 11 of the bankruptcy code. We will not cover the adjustment of personal debts under Chapter 13. There are no prerequisites for the course.

Bioethics Law 372

Law, medicine, science, and ethics are often inextricably intertwined. This course considers the relationship between the law and bioethics, with an emphasis on how the law can impact medical practice and how ethical principles can impact legal structures and judicial decision-making, health care, and policy. Course topics include abortion, euthanasia, assisted suicide, assisted reproductive technology, organ sales and transplantation ethics, research genetic modification, and human enhancement. The course will be graded based on a paper.

Broker-Dealer and Exchange Regulation Law 388

This course concerns financial-instrument markets and their regulation. Its main focus is on the secondary market for public-company stock (namely, the New York Stock Exchange, NASDAQ, and the wide variety of off- exchange trading platforms in existence today). These markets perform important social functions: providing liquidity for investors and incorporating information into prices, which in turn serve as vital guides to real economic activity. The effectiveness with which these markets perform these functions and their costs of operation are determined in significant part by the rules governing exchanges, broker-dealers, and market makers. The course will begin with a consideration of major domestic capital market institutions. It will then address the economic theory that explains how these markets operate and the incentives that motivate their various players. This part of the course focuses on market-microstructure and finance theory. These beginning segments lay the groundwork for a more informed discussion of the substantive law that governs the markets, which takes place during the second half of the course. In that second half, regulatory areas to be considered include the rules relating to (1) transparency: who knows (and when) the prices at which securities are being offered and sold (the “bid” and “ask” quotes) and the prices at which actual trades occurred (transaction data), (2) brokers duties with respect to execution of customer orders, (3) dealer rules for transacting directly with retail customers, (4) trading system alternatives to the NYSE and NASDAQ, (5) trader behavior including manipulation and short selling.The course, with its focus on persons who operate or trade in these capital markets as well as the market structure itself, should be distinguished from Securities Regulation, which is devoted primarily to the regulation of the behavior of the firms that issue securities and their agents. The course should be of use for students who plan on pursuing legal work relating to various financial-services industries. More generally, it will provide value to students who intend to work in the corporate, securities, and financial industries (or in the regulation of the same through the Securities and Exchange Commission, the Commodities Futures Trading Commission, the Financial Industry Regulation Authority (Finra), various state AG offices, among others).

Business Associations Law 320

An introductory examination of the law applicable to contemporary forms of business enterprise: the general partnership, the limited partnership, the limited liability partnership (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 Alternative Business Entities, or Corporations, or Small Business Entities.

Business Law Clinic Law 799

Up to eight 2L or 3L students each semester will have the opportunity to familiarize themselves with a variety of legal issues that affect businesses on a daily basis and to be able, under the guidance of the clinic instructor, to advise for-profit or not-for-profit small Virginia businesses without existing legal counsel on corporate operations, policies, and procedures, as well as to propose solutions to clients’ specific legal problems. Students will gain exposure to the practical impacts of legal advice on the conduct of business and the value of general business acumen in providing comprehensive counsel, and will have the opportunity to interact directly with clients and gain appreciation for their concerns as well as for their various communication styles and approaches to running a company. Students will influence clients’ perceptions of the necessity for good legal advice and the benefits that advice can yield for the smooth conduct of business. They will also be introduced to best practices in self-branding and professional communications. Content of clinic advising will include a comprehensive review of legal documents; case-by-case consultation for problems or disputes in various corporate areas; and executive and employee education in various legal issues. The clinic will include a seminar that meets twice weekly, with accompanying supervision meetings. Students will be provided a letter grade based on their assigned work throughout the semester, which is anticipated to be a combination of document review, revision and drafting; client communication and interface; and issue review and recommendation. Pre-requisites include Corporations or Business Associations; other business law courses desirable but not required.

Business Torts Law 318

The typical first-year Torts class focuses on torts that primarily cause personal injury and/or property damage. Business torts have a different focus – such torts often cause pure economic loss, i.e., economic harm without any accompanying personal injury or property damage. Think of a business tort, therefore, as tortious conduct that primarily harms a plaintiff’s wallet rather than her person or things. This course will emphasize the operation of various business torts and will examine the torts' applicability to particular business or economic settings. This course will be graded primarily by a final examination.

Campaign Finance Law 393

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. Students must have completed Election Law Survey, or obtain permission from the instructor or Rebecca Green, or have significant experience in the field.

Citizen Lawyers Seminar - Lessons in Legal Leadership Law 595

In addition to offering professional advice as counselors at law, lawyers in America have often been citizen leaders, playing key societal roles in politics, business, and their community. How does traditional legal thinking and analysis work for lawyers in citizen leadership roles, often beyond a purely legal context? This class will address that question, and seek to broaden your approach to problem-solving. We will focus as a case study on how lawyer-leaders performed both in advising policy-makers and sometimes playing those policy roles during the United States' involvement in the Vietnam war. We'll assess the process of their decision-making, and see what lessons can be learned for all citizen lawyers. Henry Kissinger has commented that U.S. foreign policy has suffered in part because key players have often been lawyers, who lack an appropriate historical perspective in making decisions. We'll consider if that is a valid criticism and examine other ways that decisions might have been better made. We will also address the topic of Executive War Powers authority, which remains a live issue for our country today. This class is intended to sharpen your skills in conceptual problem-solving, and how to think beyond narrow legal frameworks when appropriate. The goal is to develop that most vital of all lawyer skills: good judgement. We will also assess how ethical factors contribute to better leadership decision skills. Class Approach: There will be a variety of assigned reading, selected in part from the books noted below. We will consider four groups of decision makers: White House advisors, the State Department, Congress, and the Pentagon, and evaluate how each "client group" contributed to the decisions being made. Prominent guest speakers will be invited to address us as well. Student Eligibility: The seminar is primarily intended for second and third year law students. The course will be graded on Pass-Fail basis, based on class discussion and a short essay to be submitted after the course conclusion. Primary Assigned Reading (Selections): Dereliction of Duty - by Gen. H.R. McMaster Lessons in Disaster - by Gordon M. Goldstein

Civil Litigation Responses to Acts of Intl Terrorism Law 366

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

Civil Procedure Law 102

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

Climate Change Law 679

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.

Commercial Law Survey Law 434

This three (3) hour course will survey the law of commercial transactions within the scope of the three primary areas of the Uniform Commercial Code: (1) Sales transactions governed by Article 2 of the UCC; (2) Secured transactions governed by Article 9 of the UCC; and (3) Payment transactions governed, primarily, by Articles 3 and 4 of the UCC. There may also be consideration of complementary areas of commercial law (e.g., Article 5, "Letters of Credit") and consumer protection law (state and federal). Students will approach the subjects from both litigation and transactional perspectives. Students who have taken the separate Sales or Secured Transactions courses would not be eligible to enroll.

Community Association Law Law 334

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 commercial 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 contractual 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 covering textbook materials and posted reading materials, discussion and consideration of posted problems corresponding to topics covered in class, role playing, and document drafting exercises.

Comparative Law Law 380

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.

Complex Transactions in Regulated Industries Law 371

Complicated business transactions occur in numerous regulated industries. For our course, we will focus on aviation and will explore transactions in the aviation industry. After providing a general overview of the international and domestic regulatory structures in commercial and private aviation, the course will then use an aircraft purchase to introduce students to specific applications of aviation regulations and the laws of contract, insurance, finance, security interests, tax, and civil procedure in the aviation industry. The focus will be a practical application of legal principles in the context of complex transactions within a regulatory framework. This course will be graded pass/fail. Students will be given a fact pattern and will draft an aircraft purchase agreement.

Conflict of Laws Law 410

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.

Congress & the Courts Seminar Law 648

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.

Congressional Investigative Power Law 368

This course will explore the constitutional sources, scope and limits on Congress' power to investigate - an ancient legal institution with parliamentary and colonial roots. Despite the well-known drama and bombast of televised congressional hearings, much less is known about what rules, and rights, apply to these quasi legal proceedings. These rules will most certainly take center stage as the U.S. House majority changes hands in January. The course will explore the legal foundation of the investigative power, as well as the rights of witnesses, the separation of powers, issues emanating from these proceedings, as well as the justiciability of disputes that arise therefrom.

Constitutional Law Law 109

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.

Consumer Bankruptcy Law Law 406

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.

Contracts Law 110

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.

Copyright Law Law 465

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.

CorpSec, Counterintel, Counterespionage,&the Insider Threat Law 792

In an evolving global trade environment, corporate America is becoming an increasingly hot target for economic and industrial espionage. Intelligence collectors come from a variety of sources including foreign nation states, industry competitors, and trusted insiders. This course will illustrate this aggressive threat landscape and thoroughly review how intellectual property has emerged as a coveted target for adversaries and the impact those losses have on economic and national security. One of the most potentially damaging actors to both government and private industry comes from the insider threat. This course will delve into the insider threat phenomenon to understand motivating factors, behavioral indicators, and organizational circumstances which contributed to an insider's success. The course will examine Edward Snowden as a case study of insider threat activity and lessons learned in the aftermath of his actions. The course will discuss the many challenges faced by counterintelligence, both in government agencies and the private sector. This includes fundamental issues such as information sharing between public and private sectors, growth in offensive technological advancements, and effective employee screening. As theft of U.S. innovation continues to grow at an alarming rate, many companies have implemented counterintelligence and insider threat mitigation measures within their business framework. The course will also examine the vast legal and regulatory requirements associated to these measures, such as program oversight, employee privacy, program transparency, and prosecutorial authorities. The course will analyze Federal statutes covering economic espionage and theft of trade secrets, the Presidential Executive Order on the Insider Threat and the National Industrial Security Program. The grade will be pass/fail based on a final paper.

Corporate Counsel - Legal Issues and Practice Difficulties Law 794

The purpose of the course is to provide an introduction to the critical and strategic analysis required to run a successful in-house practice. Students will review problem scenarios in five different areas of corporate operations: management structure, contracts, employment, business integration, and audit. Through analysis and discussion of relevant documents and facts, students will gain an understanding of the multiple and often conflicting considerations that general counsel must weigh and balance in order to provide effective representation. By the end of the course, students should be able to identify stakeholders in corporate interactions and their various interests; be alert to pitfalls impacting counsel's ability to operate; have a basic understanding of fact-finding within the corporate environment; and gain appreciation of counsel's role in advising executives, board members and employees as well as in dealing with external parties such as auditors and outside counsel. Students will be evaluated on a legal and business analysis of a contract problem involving multiple tiers. The grade will be pass/fail based on a final paper. Completion of Corporations or Business Associations is a prerequisite.

Corporate Taxation Law 438

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.

Corporations I Law 303

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.

Corporations and International Law Law 508

Corporations are both central to state interests on the global stage, but also oddly estranged from the formal framework of international law. This seminar interrogates that curious paradox by examining the increasingly important role of corporations as independent actors within the schema of international law. From international environmental law, to international human rights law, to territorial disputes to international trade and investment, corporations are beginning to play a vital role in authoring, interpreting and implementing international law rules and prohibitions. This seminar will chart the promise of these developments but also explore reasons for concern. Students will each write a research paper on a topic of their choosing within the seminar’s umbrella.

Criminal Justice Practice Skills Law 605

This course provides practice skills that will assist prosecutors and defense lawyers as they work their way through pre-trial, trial, sentencing, and post-trial practice in the criminal justice system. Among the topics explored will be how to conduct a preliminary hearing, navigating the discovery process and determining Brady material, learning how to conduct a suppression hearing, voir dire practice, making and overcoming motions to strike, handling sentencing hearings, and understanding the lawyer’s role in probation revocation proceedings. This course will be graded pass/fail based primarily on skills performance.

Criminal Law Law 101

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.

Criminal Procedure I (Investigation) Law 401

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.

Criminal Procedure II (Adjudication) Law 402

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.

Criminal Procedure Survey Law 403

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.

Curricular Practical Training in Law Law 769

This course is for international JD students in F-1 status who want to engage in paid internships and require Curricular Practical Training (CPT) authorization. Although CPT is not required for unpaid internships, the Reves Center for International Studies strongly recommends credit for unpaid internships. The Law School endorses that recommendation. Prior approval for CPT - for either a paid or unpaid internship - is required from both the University's Designated School Official (DSO) in the Reves Center and Dean Kaplan. Students cannot complete more than 15 paid CPT hours per week during fall or spring semesters. There is no weekly maximum hour limit for summer paid CPT. To apply for CPT authorization, the student and the student's supervisor must complete a CPT Objectives and Site Agreement. 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 CPT course syllabus. The syllabus also describes the format and content of the report and the evaluation. 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 and hours completed for the CPT course cannot be counted toward an externship, and externship credit and hours completed cannot be counted toward the CPT course. However, a student may earn CPT credit and externship credit for the same internship if the student satisfies the requirement for both courses.

Cybersecurity Incident Response Law 341

Data breaches and other cybersecurity incidents are making headlines on a regular basis. While no two cybersecurity incidents are the same, they all have one thing in common—they are fraught with a variety of legal risks. This course examines a lawyer’s role in preparing for and responding to cybersecurity incidents, from directing forensic investigations to working with law enforcement to assessing notification obligations and more. Students will review relevant legislation, regulatory guidance and enforcement actions, and case law. Students will also discuss policy considerations at play in the quickly evolving legislative and regulatory landscape. The course concludes with a mock scenario where students put what they’ve learned into practice. This course is graded pass/fail based on class participation and contribution during the mock scenario.

Cybersecurity Law Law 414

This course will explore Cybersecurity Law, a relatively new and dynamic area of law. The course will begin with a discussion of how the lawyer's role is evolving as cybersecurity risk becomes an increasingly significant area of focus for business executives, law makers, and regulators. Throughout the course, we will examine a variety of legislative, regulatory, and litigation issues. We will explore novel applications of long-standing legal tenets, such as Article III standing, the attorney-client privilege, and the reasonableness standard. We will look at the anatomy of a data breach and discuss complex issues that arise in data breaches. We will also explore the intersection of Cybersecurity and Privacy and discuss how Cybersecurity is a necessary component of Privacy, but how Cybersecurity interests can also come into conflict with Privacy interests. Although we will cover certain technical aspects of Cybersecurity, such as the protection of a computer network, no prior technical experience is required.

Directed Reading Law 703

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. This course meets for at least 700 minutes over the course of the term. Prior approval by the Associate Dean for Research and Faculty Development is required. Students are limited to one Directed Reading credit per year. Graded on a pass/fail basis.

Domestic Violence Clinic Law 745

The Domestic Violence Clinic offers students who have their third-year practice certificate the opportunity to provide legal representation to victims and survivors of domestic violence, dating violence, stalking and sexual assault under the supervision of practicing attorneys. The Domestic Violence Clinic students work on cases both with the the Legal Aid Office of Eastern Virginia and other clients from the community. The Domestic Violence Clinic represents clients in cases involving protective orders, immigration issues, family law issues, and landlord/tenant. Taught by Professor Darryl Cunningham and Lindsay Barna. Pass-fail course.

Drafting for Corporate & Finance Lawyers Seminar Law 525

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.

Economic Analysis of the Law Law 454

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.

Economic Regulation of Energy Markets Law 313

This course will address the principles of economic regulation of energy production, transportation, and delivery. Energy drives the economy, and the substantial investment required to produce, refine, transport, and deliver energy brings with it significant government regulation. We will focus primarily on economic regulation of energy at the Federal level, with some discussion of parallel state regulatory schemes and federal-state jurisdictional issues. The starting point is an understanding of the physical aspects of energy —the different sources of energy and the practical aspects of extraction, refining, transportation, and delivery to users—and the application of economics and antitrust law to understand the rationale for extensive federal and state regulation of energy industries. The course will consider early steps to regulate private industry for the public good, introducing students to principles of economic regulation, including dealing with natural monopolies, requiring certificates or permits for energy facilities, balancing the need for industry to attract capital with rate-payer protection through cost-of-service ratemaking, assuring “just and reasonable” rates and terms and conditions of service, preventing undue discrimination, relying on competitive market forces as a substitute for regulation (light-handed or market-based regulation), and partial deregulation. Key Federal agencies to be examined are the Federal Energy Regulatory Commission (FERC) and the Department of Energy. We also will touch on parallel issues at the state level, efforts to diversify energy sources and reduce environmental impacts, state-federal conflicts, and enforcement programs. Grades will be determined by a mid-term legal memorandum and a final paper.

Education Law Law 362

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 & Disability Law Clinic I (EDLC I) Law 784

Open to both 2Ls and 3Ls, the Elder & Disability Law Clinic I (EDC I) will offer eight students the opportunity to practice substantive legal issues affecting the elderly and those with disabilities. Students will expand and further refine their research, writing, and interviewing skills as they work directly with clients, and those advocating on their behalf, in the areas of estate planning, probate, Medicare and Social Security issues, Medicaid and VA Benefits applications, and guardianships. The clinical experience will emphasize the challenges of identifying the client when there may be diminished capacity, and when others are involved in advocating on behalf of the client. Students will be graded on the quality of their work, their ability to represent multiple clients and manage multiple cases, their interaction with their clients and others involved in the case such as opposing counsel and court clerks, and maintenance of clinic files. This clinic will be taught by Professor Helena Mock. This course meets twice weekly for the first 7 weeks, and then once per week for the remainder of the semester. Graded, 3 credit course.

Elder & Disability Law Clinic II (EDLC II) Law 684

Advanced clinical experience in Elder and Disability Law which allows up to four students selected by the Professor who have successfully completed the Elder & Disability Law Clinic I to expand and further refine their research, writing, and advocacy skills through increased autonomy in representation of clients in more complicated legal matters. Students in EDLC II will provide assistance and advocacy in matters involving competency, nursing home issues, and Medicare, Medicaid, Social Security and other public benefit programs, including service-connected compensation and non-service connected pension benefits from the VA. 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. They will hone the acquired knowledge and skills by presenting public seminars or preparing materials on issues important to the elderly community and those with disabilities. Students will be graded on the quality of their work and their ability to represent multiple clients and manage multiple cases. Students may be required to mentor EDLC I students in these skills. This clinic will be taught by Professor Helena Mock. Weekly times TBD. Graded, 2 credit course. Prerequisite: Elder & Disability Law Clinic I, open to both 2Ls and 3Ls.

Election Law Law 398

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.

Election Law Practicum - Lawyering a Campaign Law 301

Many law school classes touch on election law subjects ranging from voting rights, to redistricting, to election law and campaign finance. This course will focus on the legal issues you will need to understand to advise a candidate. The goal of this course to help students understand the basic statutory framework that candidates must navigate. While there are state to state and jurisdiction to jurisdiction differences, the basic frameworks are well known by practitioners. Students will gain an understanding of the issues that have arisen at various stages of the candidate / election administration process and that have been presented to federal and state courts across the county.

Electronic Discovery Law 358

With computers and mobile devices, such as smartphones and tablets, dominating every aspect of business and personal life, the nature of civil discovery has changed. Lawyers need to know how to request, identify, preserve, collect, process, review and produce electronically stored helps students identify and avoid signficant pitfalls arising from the collection, processing and production of ESI to better represent their clients. Law students will learn about the nuances of the quickly evolving world of e-discovery and gain practical skills they can utilize immediately upon entering the legal profession. This class does not require a technical degree or even significant technical proficiency. NOTE; students may not register for this course if they are currently registered for, or successfully completed, Electronic Discovery and Data Seizure, LAW 310.

Electronic Discovery and Data Seizure Law 310

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

Eminent Domain and Property Rights Law 608

Property rights and the sovereign's power of eminent domain have been essential components of Anglo-American law for centuries, and the protection of the right of private property ownership is one of the foundations on which the U.S. Constitution, the Bill of Rights, and the post-Civil War Amendments are built. This course will introduce students to the practical lawyering and analysis necessary for eminent domain practice, including the nuts and bolts of takings practice as well as the study of recent (and ongoing) U.S. Supreme Court cases. In addition, this course will focus on the history, policy, and, to some extent, the politics of property rights, eminent domain law, and related legal topics. We will examine how the right of private property was developed in common and constitutional law, the relationship of property rights to other civil rights and the sovereign's power to take land, the role of federal and state courts in protection of property rights, how private property squares with environmental law, and the proper "place" of property rights in the modern administrative state. Course materials will be cases and selected portions of books and journal articles, and other materials which will be made available. Grading will be based on a take home paper and class participation.

Employee Benefits and ERISA Law 337

This course will provide an overview of the area of Employee Benefit Law and the Federal law applicable to the same including ERISA, COBRA and tax law. Employee Benefit Law is a practice area of significant importance to corporations, insurance companies, labor unions, plan administrators, law firms, benefit consulting firms and employees and their family members. The course will cover employer provided benefit plans including health insurance, traditional pension and defined benefits plans such as 401(k)s, cafeteria plans and others. The course will cover topics including vesting, nondiscrimination provisions, disclosure requirements, reporting requirements, notice requirements, fiduciary rules and duties and spousal rights. The course will also examine the impact of employee benefit law as well as ERISA on other practice areas including employment law, health law, labor law, tax law, divorce, corporate mergers/acquisitions, bankruptcy and specialized litigation. There is no prerequisite for this course. The class will be graded by final exam (70%), classroom assignments (23%), and class participation (7%).

Employment Discrimination Law 452

This course surveys the laws prohibiting discrimination in employment. In particular, the course emphasizes case law under Title VII of the 1964 Civil Rights Act (race, religion, sex, or national origin), the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Students will learn the basic doctrinal frameworks applicable to disparate treatment, disparate impact, and mixed-motives cases and trace their evolution through statutes and judicial decisions. The course also will include brief overviews of remedies for and economic theories of employment discrimination. Employment Law (LAW 456) is not a prerequisite.

Employment Law Law 456

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. The course will also include a brief review of unemployment compensation and workplace health and safety issues, as well as an introduction to employment discrimination law. This course will not address traditional labor law nor will it cover issues unique to public-sector employment. Neither will it significantly overlap the Law 452 Employment Discrimination course.

Energy Law Law 426

Energy law is at the forefront of developments in natural resources law, public utility law, and environmental law. Policy debates are shaping these developments at the local, state, federal, and international level, giving energy lawyers a real opportunity to influence the world we live in. This course covers the laws and policies that govern the exploitation of energy resources and the production and distribution of electricity. Course coverage begins with traditional principles of utility law and regulation (including rate regulation) and progresses to focus on laws and policies relating to natural gas and electricity. The main focus will be on energy law issues that arise in the context of one major energy- producing activity—the production and use of electric power—with some limited attention to parallel themes in other areas such as natural gas and transportation. We will explore general legal issues in these areas: the role and regulation of markets, the tension between economic and environmental regulation, the degree of national versus decentralized regulation, and the roles law might play in impacting not only supply but also consumer behavior.

Entertainment Law Litigation Seminar Law 693

This course will explore current issues involved in American entertainment law as litigated in our courts. The unifying features here will be problems that are current, practical, complex, and that involve constitutional, statutory, case law, and policy analysis. We will focus on four principal areas: protection of ideas by contract, defamation, rights of privacy (both public disclosure of private facts and false light), and the right of publicity. We will not consider in depth Copyright or Trademark Law. Enrollment is limited. Class will meet in one two-hour session each week. The first hour will be a discussion led by students on the assigned topic; I will then lead a further discussion of that topic for the second hour. At least two weeks prior to the designated oral assignment, students must meet with me to discuss the substance of their presentation, the format for it, and the preparation of reading materials and discussion questions for the other students in the class. Depending on class size, each student will prepare either two or three presentations as part of a group. There is no assigned text, readings will be distributed electronically throughout the semester. The grade for this class will be determined as follows: 50% for class presentation and class participation apart from the presentations, and 50% for a paper due the last day of class. There will be no final exam.

Environmental Law Law 424

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 Law 345

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.

European Union Law Law 338

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 US 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 take home (open book) exam with two or three questions based on cases pending before the European Court or important current issues in the legal development of the EU.

European Union Law and Politics Law 504

The European Union is the most advanced system of law and governance outside the United States. Yet different crisis and tensions in the EU are testing ways the foundations of economic and political integration, from its damaged single currency arquitecture, the massive arrival of refugees, terrorist attacks, populist movements, the UK’s decision to leave the EU or the demands of a globalized Marketplace and tecnological disrpution. This introductory course will study the state of EU decision-making, the application of its legal principles and the balance of power between EU political institutions and between Member States in a critical moment of European integration.

Evidence Law 309

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.

Extraterritorial Jurisdiction Seminar Law 683

This seminar will examine the assertion of extraterritorial regulatory and enforcement jurisdiction over persons, entities and activities abroad. Topics likely: reach of the U.S. Constitution and of U.S. statutory law, the limits of personal jurisdiction, the Alien Tort Stature, the Foreign Corrupt Practices Act, cyber-crime and the application of the international treaties to armed forces serving overseas. A comparative approach to the exercise of extraterritorial jurisdiction may also be utilized. Grade to be based on a research paper.

Family Law Law 416

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 Law 746

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

Federal Government Externship Law 758

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

Federal Income Taxation Law 311

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 Law 743

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

First Amendment - The Religion Clauses Law 480

In this course we will study the First Amendment's religion clauses - the Free Exercise clause and the Establishment Clause. The core of the course examines how government interacts with religion, and the interplay between free exercise and establishment, in three key areas: government regulation of religious activity and institutions, government funding of religious activity and institutions, and governmental attempts to promote a common culture or political ethos. Our primary focus will be on current First Amendment doctrines concerning religion. Time permitting, we may also examine the intersection between the religion clauses and the First Amendment's Free Speech Clause.

Food and Drug Law Law 370

This course will examine the ways in which Congress, the Food and Drug Administration, and the courts have gone about regulating the food and drug industries. We will highlight current issues which may include the FDA's jurisdiction and enforcement authority concerning dietary supplements; the regulation of food additives; food labeling; the implications of globalism in the pharmaceutical industry; "orphan drugs;" and the relationship between federal regulation and state law. The course will be graded on the basis of in-class participation and a final examination.

Foreign & International Research Law 727

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.

Fundamentals of Environmental Science for Policy Law 346

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.

Government Contracts Seminar Law 546

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.

Health Law and Policy Law 458

This class will give students an overview of the U.S. health care system. We will examine various legal and policy issues related to the health care system, including: the legal structure of the patient-physician relationship; how our legal system addresses issues of quality and choice; structures and mechanisms of the Affordable Care Act; Federal-State tensions regarding insurance regulation; how our legal system regulates the behavior of medical professionals and institutions; and patient privacy and confidentiality. Students will develop an understanding of the trajectory that the U.S. health care system has taken in these areas, as well as the current reforms implicating them. In addition, we will examine laws and policies that surround issues of public health, such as vaccines, obesity rates, and State-mandated screenings and data collection.

Health, Crime, and the Opioid Crisis Law 601

The United States is in the grips of an opioid drug crisis that stands squarely at the intersection of health law and criminal law. This course will explore the legal landscape surrounding the development and marketing of prescription opioids by pharmaceutical companies. We will also discuss the health care regulations and standards that govern the medical profession, particularly as they relate to the physician-patient relationship, State licensure of physicians, and the changing norms and cultural views of pain and pain management. The course then turns to the criminal law aspects, including the criminal liability of prescribers, users, and manufacturers of legal prescription drugs. The course also explores efforts to stamp out the illegal drug market for heroin. We will also analyze efforts to rehabilitate individual offenders and to deter corporate and governmental practices that led to the crisis in the first place. In addition to reviewing regulations and statutes, students will hear from medical experts, a chemist, drug court employees, and policymakers. This class will be graded pass/fail. Grades will be determined based on three short papers and classroom participation.

History of the Common Law Seminar2 Law 677

We use the term "common law" to refer to the Anglo-American legal system as a whole, but England and early America were actually patchworks of competing legal systems. There was no common law of marriage or probate, both of which came from canon law, or of trusts, which came from equity. Devices like the fee tail, which we think of as ancient common law, were actually statutory. Judicial review might have its origins in the relationship between England and the colonies, not in traditional common law doctrines, and an important point of debate after 1789 was the degree to which the U.S. constitution had either abrogated or adopted the common law. Over time, most of these competing legal systems have been incorporated into the system we know as the common law. In this course, we will examine the history of the common law from its beginning in the 12th century to the present by looking at its interaction and competition with these different systems of law. We will read and discuss both primary and secondary sources. Grading will be based on class participation and the written work submitted.

Human Rights Law Law 382

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.

Immigration Clinic Law 786

Students will engage with immigration law matters including assisting noncitizens, participating in community outreach and education, and conducting policy research and advocacy for immigrants. Depending on the availability of cases and the types of cases selected by the professor, students may participate in representing asylum applicants, applicants for relief under the Violence Against Women Act, or U visa applicants. Graded three-credit course.

Immigration Law Law 485

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.

Independent Legal Research Law 704

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.

Independent Legal Writing1 Law 705

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. An important goal of a major paper requirement is to improve students' writing 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 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.

Influence of Legal Profession on Legislative and Judicial Process Seminar Law 561

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 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.

Innocence Project Clinic I Law 747

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. Pre or Co-requisite: Evidence Law 309 or Law 309T.

Innocence Project Clinic II Law 785

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

Inside a Washington National Security Law Practice Law 418

This course will expose the student to three major legal and regulatory matters encountered by the national security legal practitioner in the rewarding practice area of International Law. First, the course will focus on some of the key US export control regimes established to advance US foreign policy and national security goals by controlling dissemination of commercial goods, various civilian and military technologies, armaments and services. Second, the course will explore how the US Government, foreign investors, and US industry deal with potential foreign acquisitions in the US that result in "foreign control" such that the foreign acquisition might threaten to impair US national security or critical infrastructure. Finally, the course will discuss the ever-expanding US role of economic primary and secondary sanctions particularly involving Cuba, Iran, North Korea and Russia. Cross-cutting issues in all three areas include extraterritoriality of enforcement jurisdiction, licensing, commodity classification, enforcement actions against US and non-US persons, and civil and criminal penalties. The course grade of pass/fail will be based on a required paper on a topic that will be assigned. The course will be held over several weekends in Washington, DC at the William and Mary office. It is expected that there will be one or more US government guest lecturers from applicable federal agencies.

Insurance Law 408

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.

Intellectual Property Law 448

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

Internal Investigations Law 607

This course provides students with the knowledge and skills necessary to become effective practitioners in the field of internal investigations. It examines the role of the Department of Homeland Security, Office of Inspector General, as well as various other offices of inspector general, in protecting our national security. The course focuses heavily on investigative legal authorities, the report writing process, and effective interview and interrogation techniques. Students will also discuss oversight mechanisms within the Department of Justice, the Department of Defense, and the Office of the Director of National Intelligence. This course will be graded primarily by paper.

International & Comparative Women's Rights Law 417

An international and comparative law framework for women's human rights by analyzing rights and remedies afforded women under international human rights law, including the Convention on the Elimination of All Forms of Discrimination against Women, the International Covenant on Civil and Political Rights, the European and American Convention on Human Rights, the African Charter on Human and People's Rights, and the EEC's Equal Treatment Directive. The course also compares different legal systems' responses to domestic violence, female genital mutilation, polygamy, reproductive rights, parental leave, employment discrimination, pay equity, and other gender-related issues.

International Business Transactions Law 496

This course will survey a variety of laws that U.S. companies contend with when doing business overseas. Areas may include corporate law and securities regulation, commercial sales, employment discrimination, human rights, anti-corruption, intellectual property, dispute resolution, and various dimensions of international trade law. It will have both a doctrinal and a practical component. The course will be graded on the basis of in-class participation and a final examination.

International Criminal Law Law 385

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 Environmental Law Law 511

The course 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. This course 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 prerequisites, but are recommended. The course grade will be based on class participation and a paper that satisfies the Writing Requirement.

International Environmental Law Law 433

The course 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. This course 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 prerequisites, but are recommended. The course grade will be based on class participation and a paper.

International Law Law 409

This course provides an introduction to the legal rules and institutions that comprise international legal order. We will examine the sources of international law (e.g., treaties, custom, and soft law); the relationship between international law and domestic law in the United States; and international rules governing human rights, war crimes, refugees, territorial sovereignty, the environment, the law of the sea, and the use of force. Over the course of the semester, we will discuss how international law applies to a variety of current controversies, including U.S. drone strikes in the Middle East, Russian intervention in Ukraine, the North Korean nuclear program, the Paris Climate Agreement, the South China Sea dispute, and the Syrian refugee crisis.

International Trade Law Law 497

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.

International eCommerce Law Law 359

Ever since its inception in the mid nineties, electronic commerce, or, more specifically, international ecommerce, has forced those within the legal community to revisit established legal concepts and try to apply them to the “new” medium that is the Internet. Even after more than twenty years of online shopping, Internet advertising, and social media consumption, numerous questions remain pertaining to the legality of online contracts, applicable law, as well as security and privacy issues relating to our digital presence. This course provides an introduction to these issues and others, in order to better understand the distinctions between transactions made in digital environments and their brick and mortar equivalents. Students will be introduced to the intricacies of both American and international legal frameworks applicable to online consent, Internet intermediary liability, email marketing, online dispute resolution, and conflicts of laws. Final grades will be based on class participation (15%) and a 15-page final paper (85%).

Intl Dispute Resolution-Intl Commercial Arbitration Law 499

International arbitration has established itself as a distinct field of law in academia and legal practice, and this course prepares participants to understand the resolution of transnational commercial disputes by combining the substantive legal framework with a practitioner's perspective and experience. After an introduction to the broad field of international arbitration (including references to investment treaty arbitration and inter-State arbitration), the course will focus on arbitrating commercial disputes, with a strong emphasis on institutional international arbitration. The participants will be exposed to the key main topics in this field such as the agreement to arbitrate; the selection, appointment and role of the arbitrators; questions of jurisdiction; key procedural aspects of arbitral proceedings; and the arbitral award. This course is aimed at JD and LLM students interested in developing a sound understanding of how transnational disputes are resolved by way of arbitration as well as an appreciation of the legal environment which facilitates and supports this process. It is similarly recommended to students who are keen to develop a full-rounded picture of international business transactions. Attendance is mandatory and the course will be graded on the basis of in-class participation and a final examination.

Introduction to US Law & Legal System Law 250

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.

Islamic Law Seminar Law 604

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

Judicial Externship Law 754

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

JuryStrategies-Understanding,Selecting,&PersuadingYour Jury Law 509

A seminar intended for those students who have an interest in developing critical insights and techniques in the power of persuasion of jurors. The factors, both conscious and unconscious, which compel jurors in the processing of evidence, and the hierarchy of decision-making, will be examined. Analysis of the spectrum of impact, subtle to dramatic, of memory, perception, bias, and heuristics will be applied by each student to develop strategies to fairly and professionally influence jurors in the pursuit of justice. Integration of coursework and simulations will result in each student drafting, arguing, conducting case specific voir dire, and making decisions regarding challenges for cause and peremptory strikes, resulting in the selection of a jury of citizens from the community. Additionally, each student will deliver an opening statement to the selected jury and receive juror feedback. Grades are based on professionalism, class participation, drafted memoranda, and performance.

Justice and Leadership Law 615

This course helps future lawyers engage the question, “What does it mean to lead and live wisely for a good and just society?” To this end, we will read a selection of timeless and contemporary texts related to the idea of Justice drawn from law, literature, history and philosophy. Based on these texts, we will participate together in a Socratic dialogue meant to challenge assumptions, broaden perspectives and offer intellectual and moral resources for leading in our time. This course will be graded based on a paper.

LLM English Language Course Law 251

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

Labor Law Law 407

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.

Land Use Control Law 425

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.

Law & Entrepreneurship Seminar Law 675

The intersection of law and entrepreneurship is an emerging field of study. This course explores the legal and economic issues faced by highly innovative start-up companies, their entrepreneurs, financiers (angel investors and venture capitalists), and lawyers. The course is loosely structured around the life cycle of a start-up company - from inception to financing to governance and finally exit - with the primary focus on entrepreneurial finance. Classroom sessions are a mix that may include lecture, outside speakers, and presentations by the students. Grading is based on a presentation, final paper, and classroom participation.

Law & Literature Law 444

This course explores the ways in which law and literature intersect in addressing various issues. Students will read and write papers on fiction and non-fiction (books to be determined each term) to examine how legal texts and the legal system affect individuals, society, and culture. Students will submit a response paper prior to each class meeting, focusing on the assigned primary text, in preparation for discussion of the readings. This class will be graded pass/fail.

Law & Neuroscience Law 317

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.

Law & Psychology Law 353

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 responsibility? 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.

Law & Sexuality Law 592

This course will explore selected topics considering how the law describes, constructs, and regulates sexual identity. Readings will include case law, statutes, and sociological and legal scholarship. Topics are subject to change, but may include employment discrimination, family relationships, First Amendment considerations, and name changes and other regulations of identity. Grades will be based on a paper (10 to 20 pages) due after the conclusion of the course.

Law Firm Leadership Law 405

The course will introduce students to the law firm leader's role in six major leadership functions: (i) Culture and Strategy, (ii) Governance and Execution, (iii) Compensation and Financial Management, (iv) Talent/Leader Recruitment, Development, Promotion and Accountability/Reward, (v) Practice Management and Business Development, and (vi) Risk Management and Industry Challenges. Course materials will include the writings of prominent law industry commentators (e.g., William Henderson, Gillian Hadfield, David Maister, etc.) and general business thought leaders (e.g., Larry Bossidy, Robert Kelly, Sonja Lyubomirsky, etc.). Students will be given the opportunity to engage in leader self assessments (e.g., GRIT, introvert-ambivert-extrovert, positivity, etc.) and will be exposed to law firm leader skills (e.g., framing, challenge response competency, mistake imperative, etc.) The course will be pass-fail and graded primarily by a paper on a topic chosen from 12 leader dilemmas (2 from each of each of the 6 functions).

Lawyering Skills Law 135

This course will assist LLM students in understanding the roles of lawyers, especially newer attorneys, in law offices in the U.S. They will learn about the professional expectations for those who work with American attorneys in private law firms and other organizations. Students will improve their oral and written communication skills through in-class exercises and simulations, including oral reports to supervisors, professional correspondence and client interviews.

Lawyering Skills I Law 131

In this course, students will learn various skills essential to the successful practice of law. With instruction and feedback from practicing attorneys, students will learn by preparing for, and executing, several simulations designed to ready students for what they will encounter in the day-to-day life as an attorney. These simulations include presenting an oral report to a supervising attorney, interviewing a client, and counseling a client. Prior to each simulation, students will read about and discuss the underlying doctrine, theory, and goals that are fundamental to understanding the lawyer’s role. Through integrating coursework and simulations, students will also receive guidance on navigating daily practice and the importance of professional ethics.

Lawyering Skills II Law 133

In the second semester of Lawyering Skills, students will reinforce and build upon the skills learned in Lawyering Skills I, and apply their practical communication abilities to a new range of settings. With the instruction and feedback from practicing attorneys, students will advance their advocacy skills through simulating a pretrial oral argument and a negotiation with an opposing counsel. As in Lawyering Skills I, prior to each simulation, students will read about and discuss the underlying doctrine, theory, and goals that are fundamental to understanding the lawyer's role. Through the continued integration of coursework and simulations, students will become increasingly able to navigate daily practice and uphold professional ethics.

Legal Envir HR Resource Mgmt for In-House Counsel & HR Exec Law 387

This course will provide students with a practical “hands on” introduction to the legal and regulatory issues faced each day by the in-house practitioner or human resource executive. This course will focus on enabling students to recognize and manage the breadth of legal issues that arise in both the public and private sector. Each class will focus on the actual application of the law as it affects employees and employers. The course will help the successful student appreciate and understand the legal environment of human resource management and better prepare students for their roles in business.

Legal History Law 657

Law and Ideology in the United States from the Revolution thru the Civil War. The purpose of this course is to encourage students to form an understanding of the nature and function of American law from a study of law in its formative years. The growth of contract law, the delineation of private and public sectors, the Constitution as a social contract, the concept of judicial review, the vigilantism of the Jacksonian Age, the Dred Scott decision, and Lincoln's reconception of the American Constitution and his influence on the post-war amendments will be among the topics discussed. Students will read legal history texts (often excerpts) written by leading scholars which place prevailing jurisprudential understandings in ideological, cultural, and political context. Evaluation will be based on class participation(50%) and a final paper(50%).

Legal Project Management Law 613

As clients demand more efficiency in the delivery of legal services and insist on law firms offering alternative fee arrangements, legal project management is becoming a necessary discipline for lawyers to effectively manage legal matters. Traditional project management principles have application to legal matters. It provides a framework for lawyers, clients, and related service providers to routinely manage legal matters and create economies of scale by following the step-by-step process. This course will introduce students to the knowledge areas of project management including scope, time and cost management. Students will learn the tools and techniques available in each area and apply them in a practicum of a real-life litigation or transactional matter. This course will be graded primarily by an examination.

Legal Research & Writing I Law 130

In this course, students will develop the critical skills of legal analysis, writing, and research. Under the instruction of research librarians, students will learn to conduct thorough research using a number of different legal sources. Students will work with full-time writing professors to learn how to analyze legal rules and precedent to assess the legal position of a client or other party. With close guidance and feedback from the writing professors, students will learn how to successfully communicate legal analyses in objective legal memoranda, using clear and concise language and employing the fundamental principles of effective legal writing.

Legal Research & Writing II Law 132

In this course, students will continue to develop the critical skills of legal analysis, writing, and research. Under the instruction of research librarians, students will expand their knowledge of legal sources, databases, and research methods. Building on the analytical and writing skills developed in Legal Research & Writing I, students will apply their abilities in a persuasive context. With close guidance and feedback from the writing professors, students will focus on how language can be crafted to persuade instead of just inform and will learn how to draft effective legal arguments in pretrial memoranda, settlement letters, and other documents.

Legal Writing and Research Law 701

Students will learn essential information about the U.S. legal system and fundamental principles of legal decision making, as well as legal analysis, writing, research, and other practical skills. Students will work with law school legal writing faculty and research librarians to research and write objective office memoranda and other legal documents.

Legislation and Statutory Interpretation Law 412

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 are not eligible to enroll.

Legislative Redistricting w/Geographic Information Systems Law 502

With the 2020 Census on the near horizon, significant attention will be placed on redistricting in the coming years. Inherent in any redistricting plan is a recognition of the spatial configuration of voting districts and the processes driving proposed voting district maps. Federal and state constitutions and statutes impose legal requirements for voting districts that in practice are often manipulated to favor of drawing lines that protect partisan/incumbent interests. This one-credit course will combine an introduction to Geographic Information Systems (GIS) with a focus on the legal analysis of redistricting plans. Students will learn basic GIS skills and tools designed to develop compliant maps. This will include working with district boundary maps, census information and other socioeconomic layers in an integrated GIS platform to understand and quantify the impacts realized when voting districts are redrawn. The course will focus on the 2017 Supreme Court case Bethune-Hill v. Virginia State Board of Elections decision as a frame to better understand the laws governing redistricting efforts. After learning the legal parameters of the redistricting process, students will work in teams to develop and present a redistricting plan for the 12 state legislative districts identified as problematic in Bethune-Hill. In the process of coming up with ways to improve compliance with state and federal statutory and constitutional mandates, this course will uniquely prepare students to play a substantive part in the 2020 round. This course will be graded pass/fail.

Life or Death Law 342

A Prosecutor's Decision-Making Process in a Capital Case. Students will learn how a major state attorney's office handled death penalty eligible cases from the initial crime scene visit through the conclusion of the case. The course focuses on a specific case, the 2009 Thanksgiving Day murders of four family members in Jupiter, Florida, to examine how the charging decisions were made, including the relevant legal criteria and other non-legal influences. One of the exercises will involve having students conduct a mock capital case review committee meeting in a first-degree homicide. The course will identify the type and nature of cases that qualify for death penalty consideration. We explore factors that influence the decision to charge and/or resolve a capital case (including community pressures, views of victims' family members, and police/investigator influences). We will note the differences with regard to the death penalty in the various state systems and the federal system. The class includes a case study of the recent very public (and legal) conflict that occurred between then Florida Governor Rick Scott and State Attorney Aramis Ayala (Ninth Judicial Circuit in Florida). The dispute stemmed from SA Ayala's announcement after she took office that she would not seek the death penalty in any of her office's cases. We also will engage in a discussion of the federal death penalty prosecution of Oklahoma City bomber Timothy McVeigh to highlight the federal capital case process. The course also surveys the current state of the law regarding the death penalty in the United States. The discussion will include the evolving law relating to jury decision-making in capital cases using recent US Supreme Court cases. This course component will use a more traditional case analysis teaching method. Finally, the course delves into possible reforms of the death penalty decision-making process.

Mediation Law 722

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.

Medical Malpractice Trial Advocacy Law 472

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. Students will then 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 written discovery, depositions, pretrial motions and trial. This will include witness preparation, juror selection, opening statements, direct and cross examinations, and closing arguments. All aspects of taking a medical malpractice claim from the filing stage to jury verdict will be addressed. VCU and local physicians volunteer as defendants and expert witnesses. You will not have a more realistic trial experience! The last class (mandatory) will be a day-long jury trial. Students who have sucessfully completed or are enrolled in Technology Augmented Trial Advocacy or Trial Advocacy Litigation may not take Medical Malpractice Trial Advocacy for credit

Mergers & Acquisitions Law 464

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.

Mergers & Acquisitions Simulation Law 688

This course is a joint venture involving law students and business students. Students will analyze, negotiate, and agree upon a corporate acquisition in a simulation exercise based on a real estate transaction. Students will work with experienced business professionals and mergers and acquisitions attorneys. The final work product will be a letter of intent and term sheet executed by both sides of the transaction, a memorandum outlining the duties of the target board, and a valuation presentation. The course will be graded pass/fail. The regular mergers and acquisitions course, LAW 464, is a prerequisite.

National Security Law Law 475

The National Security Law course will focus on the prosecution of national security offenses (e.g., terrorism, espionage and piracy) and the unique issues that arise during the litigation of such cases. In addition to examining the substantive statutes for the offenses, the course will address jurisdictional and venue provisions and the acquisition of evidence both domestically and overseas for these prosecutions. In doing so, the application of Miranda, the Confrontation Clause and other constitutional rights in the national security context will be examined. Particular emphasis will be given to the handling of classified information and its use pursuant to the Classified Information Procedures Act (CIPA). Finally, the course will explore the ability of the Article III courts to handle national security prosecutions in contrast to military tribunals. Grades will be based on a final examination, graded by anonymous number (although class participation will also be considered).

Natural Resources Law Law 339

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.

Negotiation for Lawyers Law 724

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

Non-Profit Law Practice Law 473

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.

Non-Profit Organization Externship Law 749

Eligible placements include U.S. civil legal services/legal aid organizations and U.S. private, nonprofit, 501(c)(3) organizations. Private nonprofit organizations with IRS status other than 501(c)(3) are not eligible for externship credit. Organizations outside the U.S. are eligible if they would qualify for 501(c)(3) status if they were U.S. organizations. Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-3 credits. Externships are graded Honors/Pass/Low Pass/Fail.

Ocean and Coastal Regulation Law 432

The course explores major legal issues related to protection of critical aquatic environmental systems, from deep oceans beyond areas of national jurisdiction to US coastal land and waters. Students will become familiar with the laws and policies relating to water quality and habitat protection, territorial determinations of ocean zones, fisheries and marine wildlife preservation, ocean energy and mineral resources, pollution of coastal and ocean waters, and management of the coastal zone. Study will include international conventions and agreements such as the UN Convention of the Law of the Sea and the International Convention for the Prevention of Pollution from Ships (MARPOL). The grade will be based upon a final paper.

Oil and Gas and Energy Economics Law 367

This course is designed to assist students to develop a practical understanding of oil and gas issues. To achieve this understanding on the legal side, the course will focus on private property and contract law concepts specific to oil and gas development, terminology that is unique to the industry and the oil and gas lease, the document that generally governs the relationship between the mineral interest owner and the mineral developer. On the practical front, students will be introduced to the business side of the industry including oil and gas development, transportation and refining as well as domestic and global market considerations. Approximately half of the class sessions will be taught in person by the instructor, while approximately half will be taught remotely.

Partnership Taxation Law 326

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 comparison of "S corporations" to partnerships. Prerequisite: Law 311 Federal Income Taxation Recommended: Law 320 Business Associations

Patent Law Law 447

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.

Philosophy of Law Law 450

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 dealt with, including: the structure of legal systems, the nature and possibility 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.

Planning a Chapter 11 Filing Law 737

This course will provide students with a practical exploration of corporate restructuring and the Chapter 11 process. The course will follow a role-playing, case-study format, in which students will learn about advising a company on restructuring options including preparing for a bankruptcy filing. Grading will be on a pass/fail basis, with assessment based on class participation and some very limited written work product by student teams during the role-playing exercises. Prior knowledge of bankruptcy law is not necessary. 1 credit pass/fail

Police Interrogation of Suspects Law 500

This course will explore the numerous difficult legal issues involved with the police interrogation of suspects. The focus here will be on the way the constitutional mandate [especially as seen in the seminal U.S. Supreme Court decision in Miranda v. Arizona] works in actual practice. We will consider the warnings process, questions involving citizens in general and certain groups in particular [e.g., minors, those with intellectual disabilities, racial minorities, inmates]. We will also spend time looking at how our culture views police interrogation, with an emphasis on the Hollywood “application” of our legal principles. Class will meet in one two-hour session each week. The assigned text will be a compilation of materials prepared by the professor to be made available at the start of the term. The grade for this class will be determined as follows: 25% for class participation and 75% for a paper due the last day of class. There will be no final exam. The professor will assist each student in selecting a paper topic and in shaping it. There will not be blind grading for this course. Those students who were enrolled in the spring, 2019 seminar on interrogation are not eligible to enroll in this class.

Post-Conflict Justice and the Rule of Law2 Law 394

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.

Power, Influence & Responsible Leadership Law 716

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.

Privacy Law Law 348

Should the NSA tap Americans' phone calls? Should Target be liable to consumers for data breaches? What if Snapchat doesn't really delete images but stores them--should users have recourse? Given modern technological realities, is privacy dead? This course will review the historical roots of the concept of privacy in U.S. law, the common clash between privacy and the public good, and the shifting balance of privacy rights in rapidly changing technological contexts. We will aim to understand privacy's place amidst the swirl of commercial and national security interests and the rise of the global Internet. Grades will be determined by class participation and a final exam.

Private Equity - Structure and Issues Law 352

This course will provide an overview of the common legal structures employed in the formation, capitalization, compensation, and governance of private equity funds. We will study as an example the structure of an existing private equity fund operating in the Canadian real asset space. In particular, we will spend considerable time on contractual interpretation of the fund’s limited partnership agreement. This course will also explore a number of topical issues in private equity, most notably securities regulatory oversight of private equity managers and taxation of their compensation. In examining all of the foregoing, we will consider the extent to which legislators and public regulators should oversee and intervene in private contractual relationships. An understanding of basic income tax law will be helpful but not required for this course. This course will be graded by a final exam.

Private Practice/In-House Counsel Externship Law 759

Eligible placements include solo practitioners, law firms, and in-house law departments of corporations and trade associations. Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-3 credits. Externships are graded Honors/Pass/Low Pass/Fail.

Products Liability Law 451

This course will focus on the development of the theories of liability for personal injuries and property damage caused by defective products. Among the areas to be considered are the roles of warranty, negligence and strict liability law in today's products liability litigation, as well as important related issues such as expert testimony, causation proof, the role of science, and the effects of mass tort litigation.

Professional Responsibility Law 115

This course will cover a variety of topics relating to lawyers' obligations as members of the legal profession, such as the duty of competence, fees and billing, creating and ending the lawyer-client relationship, the duty of confidentiality, and conflicts of interest. The class will cover both lawyer regulations (such as the Model Rules of Professional Conduct) and other ethical concerns in the practice of law.

Property Law 108

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 personal property. Property will introduce the rudiments of capture, finds, and adverse possession; 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 Theory Seminar Law 674

This seminar will explore advanced topics in property law, including the meaning of property and property rights, the way property systems and structures work, and the origins, justification, and limits of property law. Course materials will consist of foundational legal, historical, and philosophical texts, as well as significant current scholarship. After several weeks of background reading, each session will be devoted to intensive study of a single law review article. For each article, one student will prepare a written critique and one student will be asked to defend the article in class against the critique. The course will stress skills of close reading, critical analysis, and persuasive argumentation. Thorough preparation and active participation each session are essential. Grading will be based upon a ten-page critique of a designated law review article, oral defense of a designated article, and class participation.

Prosecutor Externship Law 770

Eligible placements include state and local prosecutors. Placements with U.S. Attorney offices are covered by the U.S. Attorney Externship. Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-3 credits. Externships are graded Honors/Pass/Low Pass/Fail.

Prosecutorial Ethics - Doing What Is Right and Just Law 431

Society gives prosecutors extensive powers and broad discretion in shaping our criminal justice system. Using case studies and selected readings, this course will allow students to go behind the headlines and examine how prosecutors, in fulfilling their obligations, must balance competing ethical issues during the various stages of the criminal process often under intense pressure. Students will develop an understanding of the unique role and responsibilities of the prosecutor while developing a familiarity with the relevant legal and ethical rules governing a prosecutor’s conduct, including the pertinent Model Rules of Professional Conduct and ABA Criminal Justice Standards. Each class will include a discussion of selected readings and hypotheticals. The course will be graded based on class preparation and participation as well as a graded course paper. This course is primarily designed for those who may be considering a future career as either a federal or state prosecutor or criminal defense attorney.

Public Defender Externship Law 771

Eligible placements include federal, state, and local public defenders. Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-3 credits. Externships are graded Honors/Pass/Low Pass/Fail.

Public Policy for Science & Professions Law 347

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 provocative materials with practical application. Topics include markets, political economy, market failure, equity and efficiency, government failure, regression analysis and surveys (including political option polling) and data collection for public policy analysis. Prior exposure to economics or statistics 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.

Puller Veterans Clinic - Disability Compensation & Appeals Law 780

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

Puller Veterans Clinic - Military Sexual Trauma (MST) Law 798

Open to 2Ls and 3Ls, the Puller Veterans Clinic – Military Sexual Trauma (MST) offers students the opportunity to learn veterans' disability law and procedure and aid military veterans who are survivors of military sexual assault in the filing, adjudication, and appeal of their disability claims with the VA. In addition, legislative and policy issues will be explored, with students proposing systemic change through legislative and regulatory reforms. Students will also be engaged in the study of the psychological impact of trauma. The course will be taught by Professor Liz Tarloski. There is a required day-long Boot Camp on Friday, August 25th. Graded course.

Race, Law, and Lawyering in Diverse Environments Law 685

The primary goal of this course is to explore ways in which people have used law both to perpetuate and to challenge racial injustice in the United States. It begins with a brief survey of race-based law from the nation's founding through the Supreme Court's 1967 decision in Loving v. Virginia. It then explores the Critical Race Theory academic movement, perspectives on racial identity, race as social construction, and identity performance. And it examines the intersections of race and laws governing (inter alia) education, employment, criminal justice, affirmative action, and electoral processes. The secondary goal of the course is to explore ways in which the increasing diversity of society and of the legal profession affects the practice of law. Legal practice involves interpersonal activity, and all lawyers will interact with colleagues and clients whose cultural heritage differs from their own. This course thus explores the significance of culture and cultural differences in the practice of law. It introduces Intercultural Communication Theory - the study of interactions between people of different cultural backgrounds - to provide students (of all racial/cultural backgrounds) a framework upon which to enhance their capacities to communicate effectively and work productively with attorney colleagues and clients with identity backgrounds different than their own. Grading is based on (1) 2-3 short reflection papers or an in-class presentation (student's choice); and (2) a take-home (24 hrs.) self-scheduled exam, or writing a research paper. NOTE: you may not register for this course if you have successfully completed or currently enrolled in LAW 628, Race and American Legal History.

Real Estate Transactions Law 420

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.

Refugee Law and Policy Seminar Law 528

This seminar will provide an introduction to refugee law and policy, exploring the challenges posed by forced migration from multiple perspectives: international, domestic, and comparative. We will examine the history and theory of refugee protection under international law, focusing on the development of international refugee norms and institutions from World War I to the present. We will then consider how the U.S. Constitution, treaties, statutes, and federal regulations interact to define, protect, and exclude refugees and other categories of protected migrants. Topics for discussion will include the scope of U.S. legal protection for refugees; the domestic administrative process for adjudication of asylum claims; the evidentiary challenges to establishing refugee status; the availability of temporary protected status for victims of human trafficking and violent crime; the (a)symmetries between U.S. legal standards and international law; and policy debates concerning the security risks posed by refugees and other forced migrants. Throughout the course, we will compare and contrast U.S. refugee law and policy with approaches adopted by international organizations, regional organizations, and other states. Grades will be based on a final paper, a brief presentation, and class participation. This course satisfies the writing requirement.

Regulation of Toxic Substances and Hazardous Waste Law 319

This course will provide an in-depth examination of a specialized area of environmental law – toxic substances and hazardous waste. Principal coverage will focus on federal regulation of hazardous waste under the Resource Conservation and Recovery Act (RCRA) and the remediation of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund). The course will also address, to a more limited extent, the manufacture, import and use of industrial chemicals under the Toxic Substances Control Act (TSCA) and the sale and use of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The basic science of toxic substances and their effects and the policy foundations upon which the law of toxic substances and hazardous wastes has been built will also be reviewed. There is no pre-requisite; however, LAW 424 Environmental Law is recommended.

Religion and American Law; A Contest of Values2 Law 659

The United States is generally understood to have separated church and state through its First Amendment to the Constitution; but, the nation's history belies this assumption. In this course, students will consider the history of Christian influences upon American law, from the colonial era to the present. Hopefully, students will form their own appreciations and understandings for both the role of law in shaping and adjudicating ideological debates and the limitations that competing cultural values impose upon the law. The classroom discussions will focus on weekly reading assignments offering a wide range of historical, legal, and cultural perspectives. Students will be evaluated on the basis of their participation in classroom discussions and a final paper. The final paper topic will be assigned on the first day of class and will be based entirely on materials used in the class. A different paper assignment is offered to students who take the class in fulfillment of the writing requirement. Two credit course; three credits if taken in fulfillment of writing requirement.

Remedies Law 413

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.

Restitution Law 389

"Restitution" means the law of unjust enrichment. As a basis of liability, it is as fundamental as contract or tort. "You are liable to me, not because you promised to do anything, and not because you necessarily caused me any injury, but because (if the law did nothing) you would be unjustly enriched at my expense." Claims on this basis arise across the whole range of private law. This gives restitution as much variety as any other subject and makes it an essential part—frequently overlooked—of the analysis of many legal problems. The focus of this class will be on learning the common law doctrines surrounding restitution and understanding the structure of the normative commitments behind those doctrines.

Sales Law 435

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. NOTE; you may not register for this course if you have successfully completed or are currently enrolled in Commercial Law.

Section 1983 Litigation Law 477

The course will focus on litigation under 42 U.S.C. section 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 section 1983, and each week 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 short paper (approximately five pages) prepared in the middle of the semester, and a longer brief in support of a motion for summary judgment based on facts provided to the students. Students will also be expected to work in teams to address specific legal issues and present their analysis in class.

Secured Transactions Law 404

A study of Article 9 of the Uniform Commercial Code governing security interests in personal property and fixtures. NOTE; you may not register for this course if you have successfully completed or are currently enrolled in Commercial Law.

Securities Litigation Law 697

This 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 as well as the regulations and case law relating to each. More precisely, the course focuses on the litigation devices that help ensure more robust securities disclosure. (Securities-disclosure law forms the heart of the closely related Securities Regulation class, and much securities and corporate transactional work relies on a strong understanding of that law.) Although this course will touch on securities-disclosure law, its primary focus is thus different than the Securities Regulation course. This litigation-focused course will instead primarily study public and private litigation under Section 10(b) of the Securities Exchange Act of 1934. It will also allocate much time to other important provisions under which much securities litigation proceeds today (namely, sections 11, 12, and 17 of the Securities Act of 1933). Lastly, the class will explore insider-trading prosecutions under the federal securities laws in an in-depth manner. Note; students may not enroll in LAW 697 Securities Litigation after successfully completing LAW 423 Securities Regulation, nor enroll for both courses concurrently.

Securities Regulation Law 423

This course studies the disclosure philosophy of the federal securities laws and the nature and regulation of the securities markets. The relevant statutes are the Securities Act of 1933 and the Securities Exchange Act of 1934, primarily, as well as changes brought by recent legislation including the JOBS Act. Among the topics covered are the initial public offering (IPO) process and exemptions from registration under the 1933 Act; we also study the mandatory disclosure regime for public companies under the 1934 Act. Civil liabilities under both the 1933 and 1934 Acts are also explored. The course also studies the economics of the disclosure and liability rules and the workings of an efficient market. Prerequisite: Law 303 Corporations I or Law 320 Business Associations.

Selected Problems in Criminal Justice Seminar Law 531

This seminar will consider various topics regarding criminal justice. The nature of the topics will vary from term to term; review Banner for term specific description.

Selected Topics in Criminal Law Seminar - Domestic Violence Law 522

This seminar examines topical issues of criminal law. Our examination will include reading, discussing, and analyzing various theoretical approaches to the issues and reforms that may have been made. Our discussions will include applying and evaluating the theoretical literature to actual case law and doctrine. The nature of the topics will vary from term to term; please review Banner for term specific description.

Selected Topics in Insurance Regulation Seminar Law 627

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.

Selected Topics in Int'l Intellectual Prop and Int'l Trade Law 430

This course surveys the variety of treaties and laws governing worldwide trade in goods protected by intellectual property rights. Understanding the intersection of trade and intellectual property laws has become increasingly important to companies with a global business footprint. The course therefore includes study of the major multi-lateral trade treaties governing intellectual property rights protection, such as the WTO and TRIPS agreements, as well as smaller trade and intellectual property law agreements, such as those governing the European Union countries. In addition, the course will compare various relevant national laws to see how different social and economic policy goals drive differences in laws governing copyrights, patents, trademarks, and related rights. Therefore, the course will explore business strategies in the context of this network of laws. Students will be evaluated primarily based on a final exam; there will also be a participation component. Students who have successfully completed LAW 336, International Intellectual Property, may not enroll in LAW 430.

Selected Topics in Juvenile Law Seminar Law 598

This course will explore issues relating to two groups of juveniles: those who may be in need of protection and those who come into conflict with the criminal law. This seminar will take place in five parts. Part I - Overview of Juvenile Law; Part II - Child Welfare - Juveniles in Need of Protection from Others and Themselves; Part III - Prosecution and defense of Juveniles Charged with Crimes; Part IV - Juveniles in Custody at a Juvenile Correctional Facility; Part V - The Judicial Considerations when Juveniles are Before the Court. Knowledge gained from this course will assist students as future lawyers and policy makers to better shape the juvenile court system. Grading for this course will be 20% class participation and 80% based on a paper. The course will be graded.

Selected Topics in Race & American Legal History Seminar Law 628

Seminar topics will vary from term to term but will focus on race as it relates to American legal history. NOTE: you may not register for this course if you have successfully completed or currently enrolled in LAW 685, Race, Law, & Lawyering in Diverse Environments.

Selected Topics in Sports Law Seminar Law 663

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

Sentencing Law Law 384

This course will explore the law that governs sentencing criminal defendants, with particular emphasis on the Federal Sentencing Guidelines. Students will analyze federal statutes, caselaw, and the complex federal sentencing guidelines that guide judges in determining the appropriate sentence for persons convicted of federal crimes – including length of incarceration, non- incarceration alternatives, and compensation due to crime victims. The course will also briefly the sentencing law and guidelines that govern state cases in Virginia. In addition to scheduled class sessions, there will be one mandatory class session at the federal courthouse in Newport News for students to observe an actual federal sentencing. The date for the class session at the federal courthouse will be announced after the drop/add period. This course will be graded on a pass/fail basis.

Spanish for Lawyers Law 711

Spanish for Lawyers is a one credit , P/F, course that will give students who already possess some proficiency in Spanish an opportunity to use their language skills in a legal context. The class will focus on acquisition of legal vocabulary in Spanish and will allow students to interact in the target language with discussion and oral exercises. The course will cover several areas of the law including family law, criminal law, immigration law, employment law and housing law. Students will learn and be able to use vocabulary related to each area in oral and written contexts. Students will be evaluated by performance on role playing exercises and a final oral exam. Students should possess an intermediate proficiency in Spanish. There will be grammar refresher opportunities offered throughout the semester. For questions about the course, please contact Denise Kock, dwkoch@wm.edu.

Special Education Advocacy Clinic I (PELE) Law 782

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

Special Education Advocacy Clinic II Law 790

Open to 2Ls and 3Ls, the Special Education Advocacy Clinic (PELE) II is an andvanced clinical experience for up to eight students. Students will refine their own advocacy skills by continueing work on their cases, as well as build their leadership, supervision and collaborative skills by mentoring PELE Clinic I students. Taught by Professor Christina Jones. PELE I is a prerequisite. Graded course. Class time TBD based on student schedules.

State & Local Government Externship Law 753

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

State & Local Government Law Law 429

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. Specific topics may include state constitutions, theories of authority, boundary changes, Dillon's Rule and home rule, preemption, interlocal conflict and cooperation, finance and fiscal distress, and service delivery.

State & Local Taxation Law 322

The State and Local Taxation course considers taxation imposed by states and local governments in a variety of contexts including the taxing of income, sales and use, property, and business licenses. This course will benefit students entering either a tax practice or a general business practice. Topics to be covered in the course will include: the key elements of the major business taxes and individual state income tax; the constitutional restrictions applicable to the taxation of interstate businesses; the handling of audits; and the conduct of administrative and judicial appeals. The course will use Virginia's tax system as an illustrative model for issues that are common to most jurisdictions. Students will be evaluated on the basis of their class participation and on a series of written assignments including administrative protests of hypothetical audit assessments and initial court pleadings.

Statutory Interpretation Seminar Law 638

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 construction. Grades will be based on the short written critiques (less than 10 pages a piece) and classroom participation.

Supreme Court Seminar2 Law 619

This course will look at the Court's most recent term, the current term, and consider the relationship of the Court to Congress (including the Gorsuch confirmation), the President, and state officials; this course will also provide students with an opportunity to meet leading judges (I am hoping to arrange meetings with a Supreme Court Justice, 1 or 2 federal court of appeals judges, and perhaps a state supreme court justice), Supreme Court advocates, and commentators. We will meet most but not all weeks at the regularly scheduled time. Students will also attend parts of the annual Supreme Court Preview program (Sept 21 evening & Sept 22 morning or afternoon), and take a 2 day field trip to Washington, DC to meet judges/justices, advocates, and attend oral arguments (to be scheduled but I am hoping to be able to get this squared away before classes end). Confirmed Williamsburg speakers include DC Circuit judge Patricia Millet, Supreme Court advocates Erin Murphy (campaign finance and immigration), Kristen Waggoner (bakeshop/same sex marriage, California abortion counseling), John Yoo (former Bush DOJ official), and Chai Feldblum (EEOC Commissioner). Students earning 3 credits will write a paper of around 25 pages and three short pass-fail memos (1 page). Students earning 2 credits will write three memos of around 5-6 pages. Students earning 2 credits must attend all class sessions and do related readings.

Taxation of Mergers & Acquisitions Seminar Law 644

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. This course will build on concepts introduced in the Law 438 Corporate Tax course, completion of which is a prerequisite unless waived by Professor Richardson. Waivers generally will be granted for students whose class rank is in the top 20% or whose grade in Federal Income Taxation (Law 311) is A- or higher. This course may be taken for either two or three credits; in order to earn three credits, students are required to write a paper of approximately ten pages, in addition to completing the exam.

Technology-Augmented Trial Advocacy Law 738

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

Telecommunications Law and Policy Law 793

Careers in telecommunications and information technology law require interdisciplinary skills, including the ability to integrate an understanding of the statutory and case law with knowledge about the role of the policy making process in shaping regulatory decision making. This course will provide a foundational understanding of the governing law, including important agency rules and court decisions, and review the role of agencies including the Federal Communications Commission, the Federal Trade Commission, and the U.S. Department of Commerce in establishing the legal and policy environment that shapes the evolution of telecommunications technology. Covered topics will include broadcasting, cable, wireless communications and emerging topics such as privacy, cybersecurity, and network neutrality. Course grades will be determined by class participation, a mid-term exam, and a final written project. The written project will require students to prepare comments related to an actual regulatory proceeding with guidance from course instructors. The written project will be suitable for use as a professional writing sample. Prerequisite: While Administrative Law is a recommended course, students that have not taken Administrative Law are still welcome in the course and may benefit from reviewing selected additional readings placed on reserve in order to obtain important background knowledge.

Terrorism Seminar Law 543

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. Students may not enroll in this course if they are currently enrolled in, or successfully completed, LAW 529, The Military Commissions.

The Death Penalty Seminar Law 630

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.

The Federal Courts Law 415

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.

The First Amendment - Free Speech & Press Law 400

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.

The Government Independent Counsel Law 307

This course will explore, in depth, the institution of the government independent counsel from Teapot Dome, to Watergate, Iran-Contra, Whitewater and the current Russian hacking investigations. It will also explore the history of and the constitutional legal basis for the independent counsel, as well as the special separation of powers problems posed by their appointment and supervision, the conflicts encountered during parallel congressional probes (including complications arising from invocation of the Fifth Amendment) and the novel legal issues presented by investigating and charging an incumbent President (and collateral issues arising from the pardon power).

The Laws of Clean Energy Law 383

This course will start with the basic principles of electricity and the industry, which are necessary to understand the cases and controversies surrounding Clean Energy. These basics will include: the three functions of electricity (generation, distribution, transmission) and how each is governed by different sets of law; the different types of generation, and the non-difference between “clean” and “dirty” energy, what dispatchable and non-dispatchable resources are; how electric utilities are regulated (vertically integrated monopoly, unregulated competitive supplier). With this foundational understanding, we will review the cases and controversies involving several types of “clean” energy resources. These will include: dormant commerce clause concerns raised by laws that give preference to in-state renewable resources; special treatment in state statutes for nuclear plants that would otherwise shut down due to market forces (reviewing recent federal court decisions in Illinois and NY); the zoning and land use challenges to large solar farms (using several in Virginia as examples); property rights issues involving Hydro facilities (specifically Smith Mountain Lake); environmental issues related to wind farms and how those have been mitigated; carbon regulation and the obstacles to using only renewable resources. The course will also include discussion of the different roles lawyers play in the clean energy realm, such as transactional lawyers that help investment banks gain tax equity in wind farms; state and federal administrative lawyers; and lawyers that focus on the actual development of generation facilities.

The Military Commissions Law 529

President George W. Bush's November 13, 2001 Order creating Military Commissions to prosecute those accused of committing acts of terror and who harbor them created a firestorm of legal activity. That activity is ongoing, albeit at a much slower pace than during the period from 2002 - 2014. This activity forms a critically important foundation for apprehending, detaining and trying stateless actors and those who fought in a status that was previously ill defined by international law. The course's discussions will engage the students concerning the balance between due process, fundamental fairness and society's interests in the goals of criminal law, e.g., safety, deterrence, retribution and punishment. This course will explore the underpinnings of the November 13 Order through the issuances from the Office of Legal Counsel in the Department of Justice that gave rise to the Order, the activities of lawyers in the Department of Defense and the White House prior to and following the Order's issuance, and the precedential cases relied upon to create the Order. Students will contrast trial of terrorists in Federal Courts with trial by Military Commissions and opine on the necessity for a legal process that does not include the protections afforded by Article III of the U.S. Constitution. Grades will be based on a final paper. Students may not enroll in this course if they are currently enrolled in, or successfully completed, LAW 543, Terrorism and the Law.

The Resurgent Role of Legal History in Modern Judicial Decision-making Seminar1 Law 651

Taught by Judge D. Arthur Kelsey of the Virginia Court of Appeals, this course examines the increasingly prominent role legal history plays in modern judicial decision-making and the jurisprudential factors that explain it. The class will survey recent U.S. Supreme Court and state 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.

The Role of the State Attorney General Law 507

The roots of the Office of State Attorney General run deep in American jurisprudence. All thirteen American colonies had an attorney general and today all fifty states and the District of Columbia have opted for providing legal services through an office of state attorney general. Each office possesses extraordinarily broad jurisdiction and to varying degrees is independent from the executive branch of state government. Attorneys general in forty three states are elected statewide on a partisan basis. The combination of sweeping jurisdiction and constitutional independence has given rise to a unique American legal institution of growing importance. The course will cover the day to day challenges faced by attorneys general and their staffs in delivering the high quality legal advice that will guide state government in a constitutional and ethical manner. The course will also cover the relationship of attorneys general with the federal government, the private bar, and a myriad of advocacy organizations. It will focus on some of the most controversial of legal issues - consumer protection, political corruption and criminal justice reform to name just three. Although each state is unique, the course will demonstrate the remarkable congruence that exists among state attorneys general when addressing similar challenges and issues. Unlike private and other government lawyers, who work subject to ethical rules that defer decision making to agency “clients,” for the 13,000 men and women it is the representing the "public interest" that is the day-to-day reality of their professional lives. The course is weighted toward those decisions by attorneys general that reflect their independent status that is most often revealed when legislatures, other elected officials, state agencies or the federal government exceed their constitutional or statutory authority.

The Wire - Crime, Law & Policy Law 369

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.

Title Insurance Law 314

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.

Torts Law 107

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.

Trademark Law Law 442

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.

Trial Advocacy - Basic Advanced Litigation Law 720

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 any upper-level student who satisfies the pre-req or co-req.

Trump and the Constitution Law 506

This seminar will examine the constitutionality of various Trump administration initiatives, evaluate constitutional arguments made by Trump administration officials, and consider other constitutional questions associated with congressional, state, and special prosecutor investigations/lawsuits involving the president, his associates, and administration officials. Some of these topics will be pursued through role play exercises and the class will also meet with current/former Trump administration officials and lawyers suing the Trump administration. Students will write 3 graded (5-6 page) memo over the course of the semester; students must attend a day-long Washington DC field trip.

Trusts & Estates Law 305

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.

U.S. Attorney Externship Law 756

Eligible placements include the civil or criminal divisions of U.S. Attorney offices. Finalizing an externship requires 3 steps before the registration deadline: (1) securing an externship; (2) submitting a completed Externship Agreement; and (3) registering for the correct course and the correct number of credits. 1-3 credits. Externships are graded Honors/Pass/Low Pass/Fail.

Veterans Benefits Clinic II Law 783

This clinic offers students an advanced advocacy experience in veterans' law, to include cases with particularly challenging evidentiary development. Tasks will be determined based on clients' needs, and casework will involve complex issues that may include—but are not limited to—Post-Traumatic Stress Disorder (PTSD), Traumatic Brain Injury (TBI), and Military Sexual Trauma (MST). Course assignments may include opportunities for mentoring Puller Clinic students, inter-disciplinary collaboration, policy work, and written advocacy. The class will meet at a time mutually agreeable to the enrolled students and the professor. This is a three-credit graded course, and previous Puller Clinic experience is a pre-requisite. Taught by Professor Liz Tarloski. IMPORTANT: Participation in this clinic is by application and selection by the Puller Clinic Faculty. To apply, send an expression of interest (of 200 words or fewer) to veterans@wm.edu no later than December 31st. Please indicate, in order of preference, which of the following subject areas interest you most: MST, PTSD (non-MST), TBI, Veterans Treatment Courts, Appellate Advocacy (CAVC), Incarcerated Veterans, and Legislative Advocacy. Although all students will have assigned cases, there is no guarantee you will work on any particular project or case type. Professor will attempt to take student preferences into account with assignments. A maximum of 8 students will be enrolled in this course at the invitation of the Professor; students will be invited on a rolling basis until the class is full.

Virginia Attorney General Externship Law 752

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

Virginia Civil Procedure Law 419

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

Virginia Coastal Policy Practicum I Law 741

Open to 2Ls and 3Ls, the Virginia Coastal Policy Practicum is an experiential class offered by the Virginia Coastal Policy Center for up to 8 students. The practicum is clinical and interdisciplinary in nature and it focuses on a broad range of policy challenges facing coastal communities and resources. The practicum is taught by Professor Elizabeth Andrews. Graded course.

Virginia Coastal Policy Practicum II Law 791

Open to 2Ls and 3Ls, the Virginia Coastal Policy Practicum II allows up to four students the opportunity to work on advanced projects in support of the Virginia Coastal Policy Center. The advanced practicum will be taught by Professor Elizabeth Andrews. VCPC Practicum I, or the Professor's permission based on other environmental courses and/or work experience, is a pre-requisite. Graded course. Class time TBD based on student schedules.

Virginia Criminal Procedure Law 397

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.

Voting Rights Litigation and Practice Law 421

This course will be taught as a practicum on the fundamentals of election law litigation, with a focus on issues in voting rights. By the end of this course, students will understand key issues in voting rights, and how to bring forth an action in court on behalf of a voter client. The areas covered will include a study of a variety of issues that may impact individuals’ voting rights, including voter identification, early/absentee voting, and ballot counting; required course readings will maintain a focus on cases brought forth by voter plaintiffs and will include complaints filed in selected cases. The course will include a review of Virginia and federal laws with respect to jurisdiction, venue, standing, and timing as applied to causes of action under the election laws. The course will apply the Virginia Election Laws set forth in the Constitution of Virginia and Title 24.2 of the Code of Virginia of 1950, as amended, as well as the United States Constitution and the federal Civil and Voting Rights Acts. The course will require students to prepare complaints as though they were preparing to litigate a voting rights case in court while representing voters under the laws of Virginia. Students will have two (2) written assignments as a part of this course. First, students will have an individual assignment to draft a complaint based upon a prompt provided in the first class; this complaint will be due the Wednesday before the second class. In the third session, students will have the opportunity to conference with professors about their individually- drafted complaints. For their second written assignment, students will be provided a hypothetical fact pattern during the third class and will be required to draft complaints in small groups on behalf of voter clients. This is a one credit course, graded on a pass/fail basis. Students will be assessed on their (1) class attendance and participation; (2) individual preparation of a complaint due the Wednesday before the second class session; and (3) small group preparation of a complaint drafted during the third class session. The complaints should demonstrate the student’s ability to apply voting rights precedent while using state law to advocate for a client.

War Powers - The National Security Law Constitution Law 797

This course will examine the distribution of national security powers amongst the three coordinate branches of government and the development of law and policy governing use of force, military operations, homeland security, intelligence collection, protection of national security information, foreign intelligence surveillance, and contemporary issues in the national security arena. The class is lecture and discussion based, with reading from the Dycus, Berney, Banks & Raven-Hansen's NATIONAL SECURITY LAW; supplemental materials will be assigned and distributed as appropriate. This class will be graded by an examination (80%) and class participation (20%).

Washington, D.C., Semester Externship (fall, spring) Law 772

Third-year students will earn 12, 13, or 14 pass/fail credits by completing 480, 520, or 560 hours, respectively, in the Washington, D.C., metropolitan area. Eligible placements include federal, state, or local government agencies; courts; prosecutors; public defenders; legal aid offices; 501(c)(3) organizations; solo practitioners; law firms; and in-house law departments of corporations or trade associations. Students will attend eight mandatory 90-minute classes at William & Mary’s Washington office, complete weekly journals, and write a final report. The extern’s field supervisor will provide a written evaluation of he extern’s work. Enrollment is limited and is by prior approval of Dean Kaplan, who will have overall responsibility for the course as part of the externship program and who will assist students in securing approved placements. Students must have a minimum GPA of 3.0 to participate, unless the Vice Dean grants prior approval. Students interested in the spring semester must email Dean Kaplan expressing a non-binding interest in enrolling to assure there are no issues that may require being in Williamsburg during spring semester. Students who enroll for spring semester and who continue to seek post-graduate employment must maintain regular contact with their OCS advisors.

White Collar Crime Law 440

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.

William & Mary Bill of Rights Journal Law 761

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.

William & Mary Business Law Review Law 764

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

William & Mary Environmental Law & Policy Review Law 762

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.

William & Mary Journal of Race, Gender, and Social Justice Law 763

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.

William & Mary Law Review Law 760

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.

Youth Law Law 488

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. This course is offered every other year.

1This course satisfies the writing requirement.
2Students can choose to have this course satisfy the writing requirement or not.

Courses listed may not be taught every year but are expected to be taught over the course of a three year period.

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