Fall 2013 Course Offerings
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This course provides a general introduction to the constraints upon and the procedures used by administrative agencies, sometimes referred to as “the Fourth Branch of Government,” and thus provides critical context for other subjects areas in which administrative agencies play a key role, (e.g., environmental law, securities regulation, immigration, and taxation). The course examines the relationship of administrative agencies to the President, Congress, and the courts — exploring issues such as the delegation of quasi-legislative and quasi-adjudicatory powers to agencies, and the constitutionality of various means the President and Congress have sought to use to exert control over agency decision-making. The course introduces students to the process of agency adjudication, exploring both the constitutional due process requirements and requirements imposed by the federal Administrative Procedure Act (“APA”). The course also familiarizes students with agency rule-making processes, focusing on the rule-making processes established by the APA. Students will also study judicial review of agency action, in particular considering the availability of judicial review and the scope of judicial review when it is available. Depending upon the professor, the course may also cover agencies’ powers to obtain information (by subpoena, record-keeping requirements, or inspections) and citizens’ rights to obtain government information, pursuant to the Freedom of Information Act, and attend public meetings, pursuant to the Sunshine Act.
This course will introduce students to the basic principles of admiralty law, i.e., the statutes and common law regulating the rights and liabilities associated with the carriage of goods and passengers over water. The course will cover admiralty jurisdiction (including the respective jurisdictions of the federal and state courts), as well as the special procedures applicable to admiralty litigation. Students will study substantive admiralty law, including the law regarding the injury and death of maritime workers and passengers, the lease of vessels (i.e., charter parties), the carriage of goods, marine insurance, and liability for collisions among ocean-going vessels. As part of this study, students will explore the impact of and the general international maritime law upon the maritime law of the United States.
Advanced Legal Research Seminar
The objective of this seminar is to give students an in-depth knowledge of general research tools and a good working knowledge of advanced tools available in specific subject areas. Both online and hard copy resources will be examined.
Credits: 2 or 3
A study of appellate practice and procedure, brief writing, and oral advocacy through both lectures and practical experiences. Each student is given the record of an actual case and is required to prepare a full brief and present an oral argument.
Appellate Advocacy Strategies
Prerequisite: Appellate Advocacy.
This course is an advanced course in appellate advocacy open to second and third year students and those selected for the National Appellate Team. Students will have an opportunity to improve appellate advocacy skills by working on a brief in a mock appellate case, with individual tutorial oversight, and then presenting the oral argument in a mock setting. Aside from the individualized feedback on the brief and oral arguments, an instructional component will address advances strategies for advocacy in the appellate setting, including analyzing the substantive and procedural issues raised by the case and the most effective strategy for advancing your client’s cause, both in writing and at argument.
Art Law Seminar
This seminar will examine how the law shapes, contours and constrains both the visual arts and artists. Emphasis will be given to issues such as copyright protection for artists; the moral and economic rights of artists; censorship and First Amendment rights of artists; artists’ business relationships; public support for art and the display of art in public places; preservation of art and cultural property; stolen art and forgeries; the international movement of art, repatriation of cultural objects and the illicit international trade in art; and the role of museums in society. In addition to casebook readings and weekly discussions, the class will consider contemporary art controversies as a means of examining these broader issues. Students will participate in a field trip to a local museum or listen to a panel presentation by local gallery owners and museum curators. Requirements for all students include: class participation, an “op-ed” column on an assigned topic to be debated in class, and a research paper. Class size will be limited to 20 students.
This course covers the standard subject matter of a general course in corporation law, including the nature, formation, promotion, and governance of corporations. Specific topics include comparison of the corporation with the partnership, as well as a discussion of non-partnership unincorporated businesses (LLC, etc.); powers of the board, officers, and shareholders; the federal proxy rules; insider trading and securities fraud; problems of the close corporation; directors’ fiduciary duties to the corporation and duties to the investing public; social concerns and their relation to corporate governance.
Charitable Nonprofit Organizations
This course focuses on the tax treatment of U.S. public charities and private foundations, tax-exempt under Section 501(c)(3) of the U.S. Internal Revenue Code. The course will also include a survey of other tax-exempt organizations, including business leagues and social welfare organizations, as they compare to charities. The course provides an analysis of the requirements for federal tax exemption, including the prohibition on private inurement and benefit, excess benefit transactions, lobbying, and political campaign activities, and also includes an analysis around the unrelated business income tax, the private foundation excise taxes, and the current tax issues affecting certain public charities, such as donor advised funds and supporting organizations. The course will also examine a number of legal challenges facing charities around formation, obtaining tax-exempt status, governance, and maintenance of tax-exempt status. Through case description and analysis, this course aims to give students a solid introduction to grant making practicalities and operations within public charities and private foundations.
Child Advocacy Clinic
Students in the CAC work on a variety of cases and projects concerning children and low-income families. In many of our cases, students act as Law Guardians (attorneys) for children who have been brought before the family court because of child abuse and/or child neglect concerns. Many of these children have been removed from the care of their parents, at least temporarily, and are residing in foster care or with relatives. In these cases, students are responsible for ensuring that the legal interests and needs of these children are being met. As part of this representation, students appear in court hearings in the Superior Court of New Jersey, Essex County, Family Part.
On other cases, students represent family members in fair hearings (like mini-trials) before administrative law judges (of the Office of Administrative Law and the Office of Disability Adjudication and Review) where children have been wrongly denied needed public benefits or incorrectly terminated from benefit programs. In these hearings, students do everything from interviewing clients to writing briefs to representing clients at hearings.
Community education and outreach also are an important part of the work of the CAC. Accordingly, in addition to individual casework, students are responsible for at least one community education project each semester. Past projects have included conducting educational workshops for youth aging out of foster care and youth detained at juvenile detention centers, planning and presenting at conferences for kinship caregivers, preparing written educational materials, and staffing information tables at various community gatherings.
What is unique about the CAC is its holistic, collaborative, and interdisciplinary approach to addressing the needs of children and families. In all its work, the CAC collaborates closely with all of the other clinics at Rutgers School of Law and with professionals in other disciplines in addressing the multiple issues, legal and non-legal, that the children and their families may face. In addition to fundamental lawyering skills, substantive law, and professional responsibility, the CAC’s curriculum teaches law students the importance of evaluating cases in a comprehensive manner and how to work effectively with persons from other disciplines.
Civil Justice Clinic
The Civil Justice Clinic, first established as the Urban Legal Clinic in 1970, instructs law students in the representation of indigent clients and client groups in a wide variety of civil cases, primarily in the areas of housing, family, consumer law, probate, bankruptcy, unemployment compensation, social security and SSI disability benefits and other public benefits law. Students handle all aspects of proceedings including interviewing and counseling clients, negotiating with adversaries, writing pleadings, motions, and briefs, and conducting depositions and trials.
Housing cases typically involve defending eviction actions, helping tenants obtain needed repairs, litigating actions to recover tenants’ security deposits, or fighting illegal rent increases. The subject of consumer cases range from real estate, home repair, car repair or purchase scams. Family cases may deal with anything from “simple” divorces, domestic violence, or child support hearings to more complex divorces involving real estate, child support, custody, alimony, pension, or other equitable distribution issues. The social security disability cases typically involve either full evidentiary hearings before federal administrative law judges—often involving the cross-examination of medical and vocational experts—or federal court appellate advocacy involving the formal preparation of appellate briefs sometimes followed by oral argument in U.S. District Court or the U.S. Court of Appeals for the Third Circuit.
The clinic also occasionally pursues larger scale law reform and impact advocacy on systemic issues of civil poverty law, including:
• class action litigation challenging the mass destruction and misuse of thousands of Newark’s low-income federal public housing apartments without adequate replacement,
• investigation of systemic delays in the administration of the food stamp program in New Jersey,
• advocacy on behalf of tenant groups in rent strikes against private landlords, and
• analysis and comments on proposals by the Administrative Conference of the United States that would create additional procedural and substantive burdens for indigent SSI and Social Security Disability claimants.
Clinic students perform various forms of community outreach by making presentations to veterans’ groups and by aiding pro se litigants in divorce and consumer law clinics.
The clinic will share a lawyering skills seminar with the Criminal and Youth Justice Clinic, instructing students in a full range of lawyering skills including interviewing, counseling, development of a theory of the case, cross-cultural competency, negotiation, motion practice, and various aspects of trial practice and witness examination.
Civil Litigation Practice and Strategy
This course will focus on practical aspects of civil litigation tactics and techniques, such as the “how to” of interviewing clients and case evaluations, drafting effective pleadings, obtaining temporary restraining orders and other emergent relief, effective discovery planning, witness preparation, conducting and defending depositions, retaining and using expert witnesses, motion strategy and practice, and more. The course will integrate the study both the Federal and New Jersey Rules of Court governing civil litigation with the practical considerations of using those rules strategically in both the federal and states courts of New Jersey. Instruction will include both lecture and mock skills exercises and will include analysis of the divergence between civil practice in New Jersey Superior Court and the U.S. District Court.
A basic course in sales, secured transactions, and negotiable instruments. Depending on the professor, course coverage can include Uniform Commercial Code articles 2 (sales), 2A (leases), 3 (negotiable instruments/payments), 4 (bank deposits), 4A (funds transfers), 5 (letters of credit), 8 (investment securities), and 9 (secured transactions).
Community and Transactional Lawyering Clinic
Credits: 6 or 8
The Community and Transactional Lawyering Clinic, first established as the Community Law Clinic in 1996, provides corporate and transactional legal services to New Jersey nonprofit corporations (specifically those corporations that provide services geared to the needs of lower-income people in the City of Newark and nearby urban areas), start-up for-profit businesses and microenterprises, charter schools, and individuals such as artists and inventors.
The Clinic provides initial corporate organizational work (drafting corporate documents, certificates of incorporation, by-laws and organizational minutes), tax-exempt non-profit status filings, charity registration, real estate transactions, commercial transactions and counseling on choice of organizational form and capacity building with community groups and various associations. Student work also includes contract drafting and review; loan closings; equipment and facilities lease drafting and review; bankruptcy counseling; confidentiality agreements; preparation and revision of employee manuals; non-compete and non-disclosure agreements; board of directors guidance; and joint venture agreements.
The clinic is principally a non-litigation clinic, although it handles a limited number of matters which may involve some litigation such as adult guardianship matters and some oversight and assistance of the small legal staff of one of its largest non-profit, corporate clients, Covenant House of New Jersey. Students may perform some work on intellectual property matters related to their transactional clients.
Finally, the Clinic strives to advance justice and community empowerment by representing resident groups and community development corporations (CDCs) regarding urban redevelopment and planning.
Complex Litigation Practice
Modern society generates legal problems of a scale and complexity unimaginable to the drafters of the 1938 Federal Rules of Civil Procedure. This course explores the ambitious — and at-times controversial — ways that courts and litigants have responded. The course begins with a review of procedural doctrines such as joinder and preclusion that determine how much "peace" a lawsuit can provide. We then turn to a close study of the most important attempt to scale-up civil procedure to the problems of mass society — the class action. Although the modern class action rule was adopted in 1966, courts continue to grapple with basic questions about the circumstances in which a claim can be litigated on an aggregate basis. After studying the evolution of class action law through the current Supreme Court term, we explore other leading responses to mass harms, including multi-district litigation, informal aggregation, and arbitration. By the course's conclusion, students will gain exposure to some of the most timely issues in civil litigation. Throughout, we will consider litigation strategy, the role of settlement, and the demands complex litigation places on the judiciary. Short written assignments and robust class participation are required.
Confinement, Reentry and Policy Seminar
Every day in this country, nearly 1,800 people are released from prisons, jails, and detention facilities – a number likely to rise in the ensuing months with the implementation in California of the “population reduction order” required by the U.S. Supreme Court in this year’s Coleman/Plata decision, and preemptive measures taken elsewhere). In those states with the highest rates of confinement, the communities to which offenders will return are disproportionately poor and racially segregated. Legal, physical, psychological, financial, and social barriers await their return; and, not surprisingly, more than two-thirds of them will “reoffend” within three years of release. In many circles, there is general agreement that the system, with
its chronic recidivism and ballooning cost, is “broken” and in critical need of reform. The question that remains hotly debated, and that to which we repeatedly will return over the course of the semester, is “How?”.
As its title suggests, this interdisciplinary seminar examines the roots of the challenges of reentry in the legal history of mass incarceration, while at the same time tracing the contours of policy skirmishes occurring in local, state, and federal arenas regarding “best practices” for addressing this phenomenon.
For our purposes, this requires a study of how law – constitutional, statutory, and judicially-rendered at the local, state, and federal levels – directly impacts communities, public safety, justice, and human development, and also how social categorizations of persons by gender, race, class, and sexuality reflect and refract certain assumptions about deviance and criminality. While the course takes a national arc, our focus will remain local, with appropriate consideration given to New Jersey and New York (in our assigned readings and featured guest speakers).
In addition to weekly written responses to assigned readings, a final research paper (15+ pages, in the style of a law review/scholarly article) is required (in lieu of an exam).
The study of the United States Constitution, in terms of the structure of government it establishes and the rights it confers upon individuals. The course explores the origin and operation of judicial review, the separation of powers, and more generally the interrelationship between the branches of the federal government, and the respective powers of the federal and state governments, particularly with respect to the regulation of interstate and foreign commerce. The course also provides an initial exposure to the protection of civil liberties and civil rights, including doctrines relating to equal protection of the laws and procedural and substantive due process of law.
Constitutional Rights Clinic
The Constitutional Rights Clinic, first established in 1970 as the Constitutional Litigation Clinic, engages in “impact” litigation in the area of individual civil liberties and civil rights, as protected in the constitutions of the United States and the State of New Jersey. Students will be expected to research and draft briefs and other pleadings at both the trial and appellate level. Students will also engage in other professional skills, such as client interviewing, fact investigation, strategic planning, crafting legal theories, and preparing for oral arguments. Each fall on Election Day, clinic students who satisfy the third-year practice rule regularly represent in NJ Superior Court individual voters who have been denied the right to vote at the polling place.
The clinic also engages in other non-litigation projects, such as drafting proposed civil rights legislation, coordinating voter registration programs, writing detailed reports on constitutional violations, and commenting on proposed administrative regulations and governmental programs to the extent they implicate civil liberties, civil rights, and equal social justice concerns.
Topics in any particular semester will depend upon the current clinic docket, but recent major projects have included:
• initiating litigation to establish Election Day voter registration,
• providing legal counsel to the chair of the NJ Congressional Reapportionment Commission,
• bringing the first state law challenge to the use of electronic voting machines that do not produce a verifiable paper ballot, and
• successfully striking down the practice of denying state higher education financial assistance to United States citizens whose parents are undocumented immigrants.
In cooperation with the ACLU of New Jersey, the clinic regularly files 10 or more amicus curiae briefs each year in the New Jersey Supreme Court or Appellate Division on a variety of civil liberties cases. Clinic students may also work on international human rights cases in conjunction with the International Human Rights Clinic.
Consumer Fraud Litigation
This course will focus on the law and practice of consumer fraud litigation in New Jersey, a practice which is important to attorneys practicing at solo and small firms. Students will gain a proficiency in analyzing and initiating consumer fraud cases through a comprehensive examination of the New Jersey Consumer Fraud Act and associated New Jersey Division of Consumer Affairs regulations, as well as other consumer protection statutes, relevant case law and the practical application in the litigation context. The course will also focus on the practice aspects of consumer fraud litigation, through discussion and fact based problem solving exercises geared towards developing the skills needed for assessment and initiation of consumer fraud cases from review and analysis of transaction documents to identify viable claims through to the drafting a complaint.
The study of voluntary obligations. The course explores the bases for enforcing promises, e.g., consideration, bargain and reliance, and quasi-contractual obligations. The mechanics of contract formation, including formalities and the effects of adopting a writing are also explored. The course focuses upon the interpretation of contract and identification of breach, and the subject of remedies and the interests protected by various methods of contract enforcement and calculation of damages. The course may also cover conditions, order of performance, and measures used to incorporate realities external to the classic contract, such as justifications for non-performance and the concept of relational contracts.
Copyright & Trademark
This course surveys all areas of intellectual property with a focus on copyright and trademark law. The student will examine the laws that protect the ideas, trade secrets, rights of publicity, copyrights, trademarks, and patents of creators. This course is based in federal statutes and interpretative case law. However, state law is also reviewed and considered, with particular emphasis on relationships between state and federal laws within the constitutional framework of federalism. The move for global harmonization of intellectual property law is explored while reviewing subject matter of cases that cover a broad spectrum of products and services from the turn of the century to modern day technologies.
Prerequisite: Business Associations.
The law and economics of the financing of corporations, including (1) the valuation of securities and of the issuing corporation; (2) the rights of senior security holders; (3) insolvency reorganization; (4) capital structure and dividend policy; and (5) mergers, recapitalizations, and takeovers. Course materials include basic financial economics and documentation from actual financing transactions in addition to cases, statutes, and other traditional materials.
Criminal and Youth Justice Clinic
The Criminal and Youth Justice Clinic, first established as a component of the Urban Legal Clinic (now known as the Civil Justice Clinic), provides legal representation to incarcerated youths and to adults in minor criminal, parole, and actual innocence matters.
Students go to court at least once each week for the purpose of interviewing and counseling new clients facing criminal charges and representing them at arraignment. Following the initial appearance, students conduct investigations, engage in discovery and motion practice, negotiate pleas, and, in many instances, prepare the case for trial. Students conduct suppression hearings and bench trials, as well as oral argument on sentencing and other issues, under close faculty supervision. In addition, students undertake a variety of work on behalf of clients who were convicted of serious offenses as juveniles, including preparation for parole hearings, appeals from denials of parole, and investigation of innocence claims. Finally, students work intensively with youth committed to New Jersey's juvenile justice system, challenging conditions of confinement, seeking parole release, appealing parole revocations, and easing the re-entry process.
Work on behalf of clients is supplemented by weekly case rounds classes, during which students conduct simulated hearings, hear from guest lecturers, and brainstorm about their cases. They also take on juvenile justice policy projects in collaboration with the New Jersey Public Defender’s office, the Rutgers-Camden Children’s Justice Clinic, the New Jersey Institute for Social Justice, and the ACLU of New Jersey, among other organizations.
The clinic will share a lawyering skills seminar with the Civil Justice Clinic, instructing students in a full range of lawyering skills including interviewing, counseling, development of a theory of the case, cross-cultural competency, negotiation, motion practice, and various aspects of trial practice and witness examination.
The study of the substantive criminal law as a means of social control. The course focuses on evaluation of the considerations which do, or should, determine what behavior warrants criminal sanctions. The course also explores the factors which bear on the treatment or punishment to be imposed for such conduct.
This course provides an overview of the constitutional amendments regulating police conduct in the administration of criminal justice with special emphasis on the due process and equal protection clauses of the Fourteenth Amendment; searches and seizures under the Fourth Amendment; and police interrogations under the Fifth Amendment. Supreme Court decisions in this area have reflected intense division among the justices. Class lectures and discussion will explore the different types of arguments through which constitutional doctrine is developed and the competing assumptions and values that inform the doctrinal divisions.
Course not open to students who have taken Bankruptcy or Secured Transactions.
Course provides an introduction to the law of security interests in personal property under Article 9 of the Uniform Commercial Code and the law of individual bankruptcy and corporate reorganization under the Federal Bankruptcy Code. Article 9 topics include the creation and perfection of security interests, priority among the holders of competing interests, and the enforcement of contract rights under the UCC. Bankruptcy topics include the rights of creditors in bankruptcy, individual’s right to discharge, the relationship between bankruptcy law and state law, treatment of executory contracts, bankruptcy planning, restructuring of corporations in Chapter 11, and procedure for confirming plans of reorganization.
Domestic Violence Seminar
This seminar will examine the legal system’s response to domestic violence, both through the civil courts and the criminal justice system. Students will review both criminal and civil laws and policies employed by law enforcement and the judiciary in an effort to address family violence, as well as scholarly articles and essays dealing with various legal theories (feminist theory and critical race theory, e.g.). In addition, students will look at the national Violence Against Women Act (VAWA) and will conduct a comparison of New Jersey’s Prevention of Domestic Violence Act and New York’s Domestic Violence Act, in the context of exploring the different nuanced approaches and collaborations involved in various state actors’ and social service providers’ attempts to address the legal and social needs of domestic violence victims. The course will involve an exploration of some of the more controversial methods used (mandatory arrest, compelled victim testimony, e.g.) that continue to divide domestic violence scholars and practitioners. Finally, to permit a practical component, students will also participate in trips to the Essex County Family Court and will hear from attorneys who represent domestic violence victims.
Education and Health Law Clinic
Pre- or Co-requisite: The Special Education Seminar serves as the seminar component for students enrolled in the Education and Health Law Clinic (“EHLC”). Students enrolled in the EHLC for the first time must also enroll in the Special Education seminar or have previously taken this seminar.
The Education and Health Law Clinic, first established as the Special Education Clinic in 1995, provides free legal representation to indigent clients in special education, early intervention and school discipline matters. In addition, through a new medical-legal partnership (the HEAL Collaborative) with the University of Medicine and Dentistry of New Jersey (to become part of Rutgers Biomedical and Health Sciences as of July 1, 2013) outpatient pediatrics department, students in law and social work partner with medical professionals to address the legal and social needs of pediatric patients with disabilities and their families in an effort to improve overall child and family health and well-being.
Representation in the clinic entails everything from interviewing clients, reviewing school and expert records, researching and drafting legal documents, appearing at meetings with school personnel, mediation, emergency and due process administrative hearings, to handling federal court proceedings either on the merits or for recovery of attorneys’ fees. Students are exposed to new areas of substantive law, learn a wide variety of lawyering skills, and experience first-hand the benefits and challenges of inter-professional collaboration in a multi-disciplinary setting. Students participate in a weekly case rounds class designed to advance the case work in a group setting and to analyze and stimulate reflection on vexing ethical, strategic, and functional issues arising in client and project work.
The clinic also engages in community and State-wide education and training projects and activities. The pre-requisite or co-requisite Special Education Law Seminar includes substantive law, simulation exercises, and guest lecturers from both the educational and legal fields and provides substantive law coverage and practice skills training for work in this clinic.
Current topics in the employment relation that fall outside the system of collective bargaining, including: regulation of employment termination; privacy rights on the job (including hiring questionnaire, disclosure of personnel information, searches and seizures, drug testing, electronic monitoring); employment relations of independent contractors and home workers; employee representation on board of directors; employee-owned businesses. Problems relating to invention agreements and covenants not to compete also may be considered.
Energy, Economics and the Environment
This course explores the legal and economic basis for the regulation of the energy markets. It will provide a brief overview of the history of the regulation of electricity, gas, generation and transmission. The course will describe the role of the Federal Energy Regulatory Commission, Regional Transmission Organizations and state public utility commissions on regulating energy costs. The materials will explore the policy issues associated with deregulation of the energy industry and specifically review New Jersey’s experience with deregulation. The materials will cover such issues as rate regulation, siting of liquid natural gas facilities, pipelines and new transmission lines, physical and financial hedging and policies that encourage new generation and renewable energy. The course will discuss the impact of CO2 emission reduction laws on energy costs. The course will cover such topics as mergers and acquisitions in the energy industry and financing of new energy initiatives. The course will discuss manipulation in the energy markets and its impact on the cost of energy to the consumer.
ERISA and Employee Benefits
Employee benefits issues arise in the context of business acquisitions and divestitures, labor negotiations, health care, family law, and a host of other practices. Knowledge of employee benefits is highly valued by many in private practice and in-house. This course examines employee benefits governed by the Employee Retirement Income Security Act of 1974 (ERISA) and its subsequent amendments. It will cover defined benefit and defined contribution plans, and employee welfare benefit plans. The course examines the rules on eligibility, participation, vesting, funding, and plan discrimination; it also considers cafeteria plans, flexible spending accounts, and other employee welfare benefits. The course will review portions of the recently enacted Patient Protection and Affordable Care Act (PPACA).
N.B. Evidence-Section (2) with Professor Raveson will have a limited enrollment. Students who register for Evidence-Section (2) with Prof. Raveson MUST ALSO REGISTER for Trial Presentation with Professor Raveson Section (1).
Prepares the student to use rules of evidence in the preparation and trial of civil and criminal litigation. Using the New Jersey and Federal Rules of Evidence as a framework, the traditional categories (relevance, hearsay, impeachment, writings, experts, privileges, etc.) are examined with the objective of training students to understand the rationale behind all evidence rules so that they can reason about and use all rules of evidence with maximum effectiveness.
Examines the legal aspects of the family unit, including establishment of the marital relationship, intrafamily rights and responsibilities, marriage dissolution, problems of support and the custody of children, and, as time allows, the role of the state in protecting the welfare of children. The changing role of women is implicated and explored in each area. The four-credit version of this course will include a greater focus on the relationship between parents, children, and the state.
Federal Income Taxation
Basic course in the structure and operation of the federal income tax and its application to individuals and business organizations.
Federal Tax Law Clinic
Prerequisite: Federal Income Tax.
The Federal Tax Law Clinic represents low-income individuals in disputes with the IRS. Students represent clients at audits, negotiate with IRS appeals, and actually litigate cases in the U.S. Tax Court. Principal educational goals include developing familiarity with tax rules and procedures and ethical considerations in tax practice. Students develop skills in interviewing, counseling and negotiation through simulation exercises and then use these skills in their cases. Students argue a mock motion and participate in a mock Tax Court trial.
This course provides an overview of constitutional protections afforded to speech and to freedom of/from religion. The course will begin with an exploration of content-based speech regulations, including restrictions on inducements to illegal or hostile conduct, commercial speech, obscenity, and hate speech. We will then focus on content-neutral regulations by studying the public forum doctrine, symbolic speech, restrictions on political contributions and expenditures, and the right of association. We will finish the class by exploring religion-based limitations imposed on state action by the Establishment Clause and the Free Exercise Clause.
Health Care Law and Policy I
Health law is a vast and constantly evolving field that has emerged in response to perceived market and regulatory failures. This course will provide an overview of the major systems of legal rules governing access, financing, organization, and quality in the U.S. health care system. Throughout the term, students will explore the roles of patients, payers, providers, and federal and state governments both in the context of the legal framework of the new health reform bill, as well as in the context of the many-layered pre-existing legal regimes shaping our health care system. Because the practice of health law occurs in a rapidly changing legal and policy environment, this course aims to give the student not only a solid grounding in the various legal regimes as they address health care in the U.S. currently, but also facility with the policy arguments that they will use and encounter in their client advocacy, and will shape the health care system of tomorrow.
Hedge Funds Seminar
This seminar will focus on the private investment entities commonly referred to as “hedge funds” as well as other pooled investment vehicles. The seminar will address the legal and economic issues associated with different forms of private investment entities, such as “traditional” hedge funds and private equity funds, and the distinctions between domestic and offshore funds, and review the federal and state regulatory framework governing hedge funds and investment advisers, including current proposals to require the registration of hedge funds as investment advisers. The seminar will also explore the process of forming a hedge fund and the operation of a hedge fund, including a review of the legal and business issues and associated documents. Seminar members will, individually and in teams, participate in negotiations and presentations and the drafting of documents.
Immigrant Rights Clinic
Pre- or Co-requisite: Students enrolling in the Immigrant Rights Clinic must take concurrently, or have taken previously, Refugee Law.
The Immigrant Rights Clinic, the newest of the Rutgers–Newark clinics, serves the local and national immigrant population through a combination of individual client representation and broader advocacy.
Under faculty supervision, students enrolled in the IRC represent immigrants seeking various forms of relief from removal, including asylum for individuals fearing persecution; protection for victims of human trafficking; protection for battered immigrants; protection for victims of certain types of crimes; protection for abused, abandoned, or neglected immigrant children; and cancellation of removal. Working in teams, students are responsible for all aspects of representing their clients, including interviewing and counseling, preparing witnesses, engaging in fact investigation, conducting legal research, drafting litigation documents (such as affidavits, briefs, and evidence packets), and oral advocacy. In many cases, students represent their clients at immigration hearings at the end of the semester. Students may also have the opportunity to work on broader advocacy projects on behalf of immigrants. The weekly seminar class focuses on substantive humanitarian immigration law and live client lawyering skills. Students also participate in weekly team meetings and rounds sessions.
Students wishing to participate in the IRC must enroll in the Fall semester; no new students are enrolled in the IRC in the Spring semester.
From the “mom and pop” candy store to the largest multi-national corporation, every business relies on insurance to protect itself from catastrophe. This course will provide an introduction to the nature of insurance, including the marketplace (brokers, agents, and insurance carriers) and the major commercial lines of insurance. We will also discuss in detail fundamental insurance law concepts, the key provisions of an insurance contract, and the major current areas of litigation between commercial policyholders and insurers.
Intellectual Property Law Clinic
Credits: 6 or 8
Intellectual Property Law Clinic, first established as a component of the Community Law Clinic (now known as the Community Transactional Lawyering Clinic), provides intellectual property and entertainment law advice and assistance for non-profit entities, artists, inventors, start-up for-profit businesses and microenterprises, and charter schools. The clinic’s work includes intellectual property audits and licensing; copyright, trademark, trade secret and patent assistance. The Intellectual Property Law Clinic is principally a non-litigation clinic. The clinic was one of the first clinics selected to participate in the United States Patent and Trademark Office’s (“USPTO”) Clinical Pilot Program. In that program clinic students are authorized to practice before the USPTO and have engaged in work such as drafting and filing trademark applications, responding to office actions, and drafting and filing briefs in appeals to the trademark trial and appeal board from final refusals.
The clinic includes a weekly seminar taught jointly with the Community and Transactional Lawyering Clinic which focuses on transactional law practice.
Intensive Deposition Advocacy
Students who have taken Fact Investigation may not enroll in this course.
This is an advanced civil practice course focusing on planning for discovery depositions through analysis of legal, factual, and persuasive theories as well as witness psychology, conducting information gathering and admission seeking depositions, defending depositions through ethical witness preparation, making appropriate objections, and dealing with obstreperous opponents. The program will be to provide participants with opportunities to perform in a simulated deposition setting, followed by individual faculty critique. These performance workshops will be supplemented by lectures on specific issues relating to deposition practice.
International Business Transactions
A study of the private law aspects of international transactions. General topics include U.S. law as it affects the entry of persons, goods, and investment to national markets, multinational corporations, export controls, international institutions that affect private transactions, such as GATT and the EEC, and the comparative study of similar topics in both developed and developing countries.
International Human Rights Clinic
The International Human Rights Clinic, first established as a component of the Constitutional Litigation Clinic (now known as the Constitutional Rights Clinic), has pursued cases and projects in U.S. domestic courts and international tribunals to promote international human rights norms. This clinic seeks to advance the integration of international human rights norms into American domestic legal practice, as well as to train a new generation of lawyers to use human rights law to advance justice in the United States and abroad. Both applied international human rights law and American civil rights law will be taught and utilized in clinic cases and projects.
Illustrative examples of international human rights projects include:
• litigation under the Alien Tort Claims Act, customary international human rights law, statutory civil rights and pendent tort claims, challenging inhumane conditions of confinement of aliens seeking asylum or refugee status at detention facilities;
• a petition before the Inter-American Commission on Human Rights challenging New Jersey’s disenfranchisement of persons on probation and parole as violations of universal human rights norms;
• an amicus brief to the U.S. Supreme Court determining whether the Alien Tort Claims Act permits private individuals to bring suit against foreign citizens for crimes committed in other countries in violation of the law of nations;
• amicus briefs to the U.S. Supreme Court addressing liability for corporations under the Alien Tort Claims Act and Torture Victim Protection Act for international human rights violations committed overseas; and
• reports prepared for the UN Human Rights Committee evaluating enforcement by the United States of ratified human rights treaties.
Students enrolled in this clinic will also work on amicus briefs in cases pending in both New Jersey and throughout the United States to inform courts about international human rights issues related to cases pending before those courts, prepare for bi-annual meetings with the Inter-American Commission for Human Rights and the U.S. State Department on the U.S.’s implementation process of human rights treaties, and work on impact litigation and other advocacy work related to human trafficking, which has been called “modern slavery” by the U.S. government, as well as by other nations.
Students in this clinic will also be expected to also handle some domestic civil rights cases and will share a seminar with the Constitutional Rights Clinic. Students will be actively involved in all aspects of the clinic’s work including deciding which cases to take, interviewing clients, developing the facts, crafting legal theories, drafting legal briefs, and preparing for oral arguments.
International Human Rights Law
This course will provide an overview of the international legal and institutional system for the protection of human rights. We will look at the material both from an academic perspective and from the point of view of the human rights practitioner, tackling theoretical issues in the field as well as assessing the practical strengths and weaknesses of human rights law.
International Legitimacy and Global Justice
Course not open to students who have taken International Law & International Organizations: Extent and Limits in Support of Human Rights and Global Justice.
Bringing together theory and practice, the course will examine the extent and limits of international law and international organizations in support of human rights and global justice. It will describe and evaluate their contribution in these areas. The course will also explore suggestions to achieve a better alignment of international law and international organizations with the demands of human rights and global justice in the future. The course is open to graduate students from the Rutgers Law School and the Division of Global Affairs.
Prerequisite: Federal Income Taxation.
This course deals with U.S. taxation of income from international transactions. U.S. income taxation of foreign persons and of foreign-source income derived by U.S. persons is examined. Topics to be addressed include: operation of the foreign tax credit and of U.S. income tax treaties; the new definitions of U.S. residency under the Tax Reform Act of 1984; U.S. taxation of foreign investment in U.S. real estate; deferral of U.S. tax on income derived by foreign subsidiaries of U.S. companies; and U.S. tax consequences of differing methods of conducting international business transactions.
The explosive growth of the Internet as a medium for commerce and communications poses novel legal challenges. This course addresses issues that must be considered when transacting business, offering services, or merely using the Internet. It covers electronic commerce, intellectual property protection, state process and regulations, contracts, privacy, torts, taxation, speech, crime, security regulations, advertising, and jurisdiction, among other issues.
Judicial Externship Seminar
Students work with a state or federal judge as a legal intern where they are assigned a progression of challenging, varied and increasingly complex projects associated with ongoing work in chambers. Students also engage in judicial-related work such as settlement conferences, attendance at trials, and the introduction of new management techniques in the courts. The externship also has a weekly seminar component that requires that students research and make a presentation on a court-related issue.
A study of creation and operation of the process of collective bargaining between unions and employers under the National Labor Relations Act, the Labor-Management Relations Act of 1947, and the Labor-Management Reporting and Disclosure Act of 1959.
Labor Negotiations Seminar
This seminar will present an overview of the case law in the public and private sectors on negotiations practice and procedure, and a practical application of the law. Students will initially participate in a few short mock negotiations. For the remainder of the semester, students will be broken into teams and will negotiate an actual labor contract. The last day of the semester students will negotiate, as in actual labor negotiations, until a final agreement is reached. Students will each be required to write a memorandum of agreement memorializing the agreement reached. During the semester, students will be required to solve a few short problems regarding scope of negotiations issues that grow out of semester long negotiations. They will be required to research a short legal memorandum for each problem. Guest lecturers will include a mediator and a union and/or management negotiator.
Law & Mass Communications
This course explores the law that impacts upon the publication and broadcast of news and related content by traditional media, primarily newspapers, magazines, radio, and television. The course covers defamation, privacy causes of action and related news-gathering torts, journalist’s access to government information and government proceedings, reporters’ privilege to protect confidential sources and material, broadcast regulation, and the impact of new technologies on media law. Some emphasis is placed on the problems of developing a coherent theory of “freedom of the press” in the context of the media today.
Law of Armed Conflict Seminar
This seminar critically examines the most important unresolved issues in international law regarding the use of armed force, the conduct of hostilities, and the aftermath of armed conflict. Topics may include anticipatory self-defense, humanitarian intervention, targeted killing, proportionality, force protection, human shields, military occupation, and war crimes.
(The) Law and Finance of Mergers and Acquisitions Seminar
This seminar will deal with issues such as the impact of mergers and acquisitions on corporate constituencies (shareholders, directors, managers, employees, customers and communities), the structural elements of merger and acquisition deals, financial evaluation, and implementation. Students will read and discuss scholarship in the fields of law, finance and law and economics relating to mergers and acquisitions.
Each week students will be assigned an article and a short reaction paper (2 4 pages), which will be discussed in class. At the end of the seminar, students will write a paper of no more than 12 pages on a topic of their choice among those that were touched upon during the seminar. Forty percent of the final grade will depend on the weekly papers and the remainder on the final paper.
(The) Law of Democracy: Elections and the Political Process
Provides a comprehensive overview of the political process, and examines the most significant contemporary legal and constitutional issues affecting federal and state elections. The course will cover rights of access to the political process, voting rights, group-based disenfranchisement, as well as structural issues such as campaign finance regulation, redistricting (generally, as well as partisan and race-based redistricting), the role of political parties and Bush v. Gore. The course also will touch on critical aspects of New Jersey’s election law including the nomination process, reporting of campaign contributions and expenditures, pay-to-play, public financing of campaigns, and other significant topics.
Legal Research and Writing I
This course covers how to research legal sources, analyze legal issues, and write objective and persuasive documents. Students research, draft, and revise several objective memoranda, a trial brief, and an appellate brief that cover a wide variety of legal topics. Students present an appellate oral argument in the spring semester.
Incorporating the law, politics, and communications, this is not your parents' course on how a bill becomes a law. Students will learn the steps, challenges and solutions to passing legislation from an insider's perspective, using a multi-faceted approach that reaches beyond a classical roadmap. Using the New Jersey legislature as a prime focus, this course will provide a hands-on experience in how to draft legislation, work with legislative leadership and committees, involve interest groups, influence public opinion, deal with opponents, and earn the support of officials and staff from across the political spectrum. Speakers will include officials, staff, and other opinion leaders. The course will include at least one visit to the State House in Trenton. The final paper will consist of a proposal for legislation and a plan to get it passed, based on skills taught in the class.
The course will focus upon the study of statutes generally, with a goal of developing facility in reading and understanding statutes as well as writing them. We will examine the sources from which statutes are often derived, the different kinds of statutes (i.e., criminal, civil, administrative, etc.), current styles in statutory writing, and the parts of a statute and their functions. Students will attempt to write a statute on a subject that presents difficult problems in order to explore the kinds of issue that must be addressed in statutory drafting.
Prerequisite: Family Law.
This course aims at familiarizing the students with matrimonial litigation practice. Specifically, the students will learn all procedural aspects associated with the commencement of a divorce action and the related pre-trial motion practice necessary to prepare a divorce action for trial. The students will then be taught substantive law in four key areas of New Jersey family practice litigation: equitable distribution, custody, alimony and child support, and attorney’s fees. Finally, each student will be given an opportunity to draft and argue before a New Jersey Superior Court Judge three distinct motions: an application for pendente lite relief, one to enforce court ordered obligations, and an in limine application to address trial related issues.
New Jersey Practice
This course examines New Jersey Civil Procedure, covering organization and jurisdiction of the courts, venue, civil actions, process, joinder of parties and claims, discovery, pretrial motions including discovery motions and motions for summary judgment, pretrial conferences, motions during trial, appeals, and satisfaction of judgments.
New York Practice
This course examines New York Civil Practice Law: organization and jurisdiction of the courts; civil actions, process; joinder of parties, claims and remedies, venue; discovery; pretrial motions, including summary judgment; pre-trial conference; consolidation; trial motions; verdicts, finding and judgments; post-trial motions; executions; Article 78 proceedings; contempt; attachment and capias; injunctions and special proceedings; appeals — final, interlocutory and discretionary; scope of review; mandate and judgment.
Partnership and Limited Liability Company Tax
This course studies the federal income tax treatment of partnerships and limited liability companies. It begins with the choice of entity for a new business venture, and then addresses the issues that arise in the formation of a partnership or LLC and in its operation. The topics to be covered include: partnership accounting, receipt of a partnership interest for services, contributions of encumbered property, special allocation of partnership items of income or deduction, distributions to partners, and sale of a partnership interest. We will focus on reading the relevant provisions of the Internal Revenue Code and Treasury Regulations and on applying the provisions to assigned problems.
Course not open to students who have taken Legal Profession.
The number of suits against lawyers is growing, as is the law of malpractice and the involvement of other lawyers representing plaintiffs or defendants. This course considers such issues as the applicable causes of action, suits by non-clients, the role of experts and professional rules, defenses, and the prevention of malpractice.
The study of the rights associated with real property, with special emphasis on possessory estates and basic concepts such as possession, ownership, and title. Rights in the land of another and a brief introduction to future interests and, at times, to personal property are also included.
Punishment and Sentencing
Punishment and sentencing serve many different functions in society. This course explores connections between specific sentencing rules and the purposes, politics, and practicalities of criminal justice. In this course, we will consider the role of the U.S. Constitution in limiting legislative initiatives and judicial discretion. We will examine federal and state sentencing guidelines; sentencing factors that determine the choice of a penalty for an individual offender; the role of race, class and gender in administration of criminal sentences; death penalty jurisprudence; treatment of sex offenders and other important issues of distribution of criminal punishment today.
Race, Civil Rights, and Equality
This class will examine the arc of civil rights law and changing conceptions of race and racial equality. A principal goal of the course is to enhance students’ understanding of equal protection doctrine as it applies to race and to develop a critical analysis of that doctrine. Among the topics that will be discussed: how law structures social conceptions of equality and the role that courts can and should play in promoting equality. The course will examine these topics principally through the lens of Supreme Court cases, but will also take an interdisciplinary approach by drawing on social science, historical materials and social commentary on race. The class will also explore the practical aspects of modern civil rights litigation as both a defensive and affirmative tool, with a focus on the civil rights cases from the Supreme Court’s most recent term.
Race, Religion and Law
While the black church formed the core of the civil rights movement, with the rise of the black nationalist and black power movements of the late 1960s and early 1970s black freedom activists increasingly rejected Christianity as well as Martin Luther King, Jr.’s Christian inspired emphasis on nonviolence and reconciliation. In this seminar we will explore and interrogate the relationship between the religiously inspired nature of the civil rights movement, the African-American Christian tradition more generally, the ideological commitments of black power activists, and the commitments and goals of the dominant form of race and law scholarship, “Critical Race Theory.” While in light of the richness of our subject matter we are unlikely to arrive at any definite conclusions, students will emerge from this course able to engage the relationship between race and law scholarship, on the one hand, and the African-American Christian tradition and the religiously inspired civil rights movement, on the other.
Real Estate Transactions
A survey course encompassing typical residential and commercial transactions, title assurances, and financing techniques.
Course not open to students who have taken Refugee and Humanitarian Immigration Law.
This course will examine concepts underlying refugee and humanitarian protection afforded to various classes of immigrants, with an emphasis on United States law and policy. The majority of the course will focus on the law of asylum, a form of relief available to those refugees who have been persecuted in the past or fear future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. A portion of the course will be devoted to other types of humanitarian relief, such as relief under the Convention of Torture; Temporary Protected Status for those who cannot be returned to their home country due to armed conflict or environmental disaster; and protection for victims of human trafficking, battered immigrants, victims of certain crimes, and abandoned or abused children. The course will also address practical aspects of refugee representation, including the impact of psychological trauma and cross-cultural communication. Students will engage in experiential learning, for example by observing asylum hearings or visiting a local detention center, and will take an exam at the end of the semester. There is no prerequisite for this class, and no prior knowledge of immigration law is presumed.
Prerequisite: Business Associations.
Analyzes the series of statutes collectively referred to as the federal securities laws and examines the structure and practices of the key capital markets. The basic materials are court decisions, the Securities Act of 1933 and Securities Exchange Act of 1934, and SEC rules and regulation. Areas covered include public offerings of securities, tender offers, regulation of broker-dealers, and continuous disclosure requirements.
Sex Discrimination Seminar
Course not open to students who have taken either Gender and the Law Seminar or Gender, Gender Identity, Sexuality, and the Law Seminar.
This seminar will explore the intersections of law, gender, and sexuality through the frameworks of constitutional law, anti-discrimination law, family law, and legal theory. Topics include employment discrimination, reproductive rights, intimate relationships, violence, and pornography. The seminar will explore throughout these topics legal and social constructions of gender and sexuality, privacy, autonomy, and the intersections of gender, sexuality, class, race, and ethnicity.
Special Education Law Seminar
The course will start with an historical examination of the public education system’s treatment of children with disabilities, and the subsequent federal legislative response to the inadequate educational opportunities afforded them (namely the Individuals with Disabilities Educational Act (“IDEA”) and its predecessor Acts, Section 504 of the Rehabilitation Act, and the Americans With Disabilities Act (“ADA”)). We then will cover each step of the special education process, including “child find,” evaluation, eligibility and classification, individualized educational program (“IEP”) development, student discipline, procedural safeguards, court proceedings, available remedies, and the meaning of the statutory requirement that schools provide “a free and appropriate public education in the least restrictive environment.” At each stage, we will examine the applicable statutory law and regulations, the seminal cases governing the particular area and the relevant policy issues.
This course is open to all students, whether or not they are taking the Education and Health Law Clinic. All students who are taking the Education and Health Law Clinic for the first time must take this course simultaneously, if they have not taken the class previously.
This course will provide an overview of the key legal concepts and topics and their intersection into the world of sports. Topics such as antitrust, agency, contract law, regulation, governance, labor law and collective bargaining, media, intellectual property, etc. will be examined in relation to their influence on the management, operation, and regulation of sports. Students will be exposed to a variety of contemporary issues in the field of sports law and provided insight into opportunities in the field.
State and Local Government Law
Local government is often considered the foundation of constitutional democracy in the United States because it is the form of government that is “closest to the people.” Some of the country’s most important policy debates – over immigration, living wages, and gay rights, for example – are taking place at the local level. And yet, although local governments provide an important democratic forum, they can also exercise their authority in ways that contribute to our country’s most pressing social and economic problems, creating a tension between our democratic ideals and lived experience.
The goal of this seminar is to give students a basic understanding of local government law through a framework that explores four key questions. First, what role can local governments play as a matter of law in addressing the important policy issues of our time? Second, what role should they play? Third, what are the consequences of vesting power and authority with local governments? Fourth, given that the virtues of democratic participation are often advanced as the principal reason for deferring to local decision making and discretion, are we really experiencing “democracy” at the local level? The class takes an interdisciplinary approach to these questions by drawing on political theory, urban history and sociology in addition to legal doctrine, with a particular focus on racial and class equity. Each student will be required to write and present a paper.
The study of the nature of civil wrongs and of elementary jurisprudential conceptions concerning liability. Intentional torts and their relations to the law of crimes, the law of negligence, theories of causation and their philosophical foundations, products liability and other forms of liability without fault, and professional malpractice, affirmative defenses, comparative fault, damages, insurance, and alternatives to the torts system may also be discussed.
This course covers a range of corporate and commercial transactions and their economic underpinnings. The major part of the course will entail students representing a start-up business and helping a fictional group of entrepreneurs develop a successful company. As attorneys for the start-up, students will work on the following issues: raising capital, selecting appropriate business association forms, entering into a variety of contractual arrangements with international customers and creditors, dealing with counterparties in default, arbitrating or renegotiating agreements, developing joint ventures, identifying potential Foreign Corrupt Practices Act violations, and dealing with other transactional issues.
Each week, students will work on a specific hypothetical situation and confront a series of transactional problems. Many classes will involve negotiation exercises among attorneys representing two or three clients. Students will draft three short assignments, including concise client memoranda and contracts.
Students may write a paper for the course. The final grade will reflect in-class participation, assignments, and the results of a take-home exam or paper.
N.B. Trial Presentation-Section (1) with Prof. Raveson is open ONLY to students registered in Evidence-Section (2) with Professor Raveson during the Fall 2013 semester.
Practice in preparing for and conducting trials, including development of trial strategy, opening statements and summations, the making of a trial record, direct and cross-examination of witnesses, and preparation and introduction of exhibits. Intensive classroom exercises will culminate in simulated bench trials, in which students will participate as members of trial teams. In connection with these trials, participant trial teams will be expected to submit trial memoranda of approximately 10-20 pages in length. Each case can be tried in approximately 4-5 hours and each is conducted in one trial day, thereby simulating an actual trial schedule.
Trusts and Estates
A survey of the law of wills, trusts and other testamentary documents, with an emphasis on state statutes and the Uniform Probate Code. The course also includes some estate and trust administration, guardianships, and some estate and gift tax implications. The tax coverage is limited and will not prepare the students for estate planning.