Graduate Course Descriptions
Administrative Law LAW 620
An analysis of the processes by which administrative agencies of government seek to carry out the regulatory and social welfare tasks delegated to them by legislatures. The course examines the source and scope of administrative agency authority, the formal and informal powers and procedures used in the implementation of that authority, and the statutory and constitutional controls on the exercise of agency authority.
Antitrust Law LAW 6405
A study of the federal antitrust laws including the Sherman, Clayton, and Robinson-Patman Acts and their amendments. Emphasis will be placed upon the use of antitrust laws in intellectual property disputes.
Business Organizations LAW 6801
A study of modern business entities with an emphasis on corporations, limited liability companies, and general partnerships. Areas of concentration include the law of agency; principles of partnership; the creation, organization, governance, financial structure, management, alteration, and dissolution of the corporate entity; and shareholder rights. All Tracks, Upper-level, Credit Type A.
Capstone: Business Planning for Small Business LAW 6931
Integration and application of corporate law, partnership law, tax law, and nonlegal business concepts in the organization, operation, and reorganization of various types of small business entities. The use of limited liability companies will be emphasized. Students will be asked to represent hypothetical clients seeking to organize and operate a small business. Preparation and revision of various documents will be a central component of this course with a focus on drafting techniques.
Capstone: Commercialization of Intellectual Property LAW 6942
Study of the processes required to commercialize intellectual property created at research institutions and of the problems arising in this type of technology transfer. Students will be required to undertake all of the steps necessary to commercialize a product, including negotiation and drafting of relevant agreements.
Capstone: Cybercrimes LAW 6924-01
This course gives law students the opportunity to work on applied projects in cybercrime law and procedure. The class has two components: The majority of the class (3 credit hours) will be devoted to working with Electronic Crime Task Forces established by the U.S. Secret Service in developing guides to state cybercrime laws. The ECTF's are composed of federal agents and state law enforcement officers who specialize in cybercrime enforcement. The students will draft guides that survey the law in the state or states applicable to a particular ECTF. For example, if the Northern District of Ohio ECTF were to be involved this spring (which it will not), the guide would focus on how Ohio (and maybe Pennsylvania) law deals with substantive cybercrime law (laws defining hacking, identity theft, etc.) and with procedural law (wiretapping emails, searching and seizing computers, etc.). The goal is to develop a hand-on work product that can be used by members of the ECTF's and by other officers working in the same area. One hour of the class will be devoted to a lab. In this part of the course, law students will work with specially-chosen senior Criminal Justice students on a very specific practical problem. This spring, the problem will be drafting chain of custody guidelines for use in seizing computers and computer media and in tracking forensic analysis of the seized media. The CJ students will bring expertise in law enforcement, while the law students will bring their expertise in criminal procedure and in evidence law. Prerequisites: Criminal Law.
Capstone: Dot.Com Law: The Online Business Enterprise LAW 6943
This course explores the legal issues that might arise when a corporate client decides to enter the online commercial retail market. Students will explore a factual scenario that raises legal questions associated with the client's choice of technologies and providers, the security of its information and electronic transactions, contracts between the client and its technology and information providers and its customers, interstate and international jurisdictional issues, and liability for issue such as online indecency, libel, product disparagement and advertising. Students will prepare written memoranda on various issues, negotiate and draft contracts associated with the business and prepare pleadings associated with the litigation of various issues.
Capstone: Patent Litigation
This four credit capstone course involves the representation of a hypothetical client engaged in patent litigation before a federal district court. With this substantive focus in mind, students will gain an understanding in pre-litigation and pleading requirements, discovery techniques, motion practice, preparation for trail, and post trial procedure. Preparation and revision of various documents will be a central component of this course.
Capstone: Patent Practice and Procedure LAW 6941
Study of the rules of procedure for practice in the Patent and Trademark Office and of problems arising in patent practice, including patent drafting, patent litigation and counseling technology-based businesses. Students will be asked to represent one or more hypothetical clients.
Capstone: Trademark Prosecution and Practice
This course involves the representation of a hypothetical client who wishes to use, register, transfer and protect a trademark in conjunction with goods and services offered for sale in the marketplace. Students will gain an understanding of application and registration requirements in the U.S. Patent & Trademark Office, review of examiner decisions before the Trademark Trial & Appeals Board, client counseling techniques, and post-registration maintenance, transfer and policing procedures. Preparation and revision of various documents will be a central component of this course. Prerequisite: Intellectual Property. Credit Type A.
Civil Practice & Procedure LAW 6101
An examination of the jurisdiction of courts, venue, joinder of parties and claims, pleadings, pretrial devices, trial, appeal, and related doctrines. Emphasis is on the Federal Rules of Civil Procedure. All Tracks, First-year, Credit Type A.
Civil Trial Practice, Law & Technology Section LAW 6880
Each aspect of civil trial will be examined. Litigation techniques in trial situations will be developed through actual student participation in simulated civil trials. Prerequisites: Evidence.
Conflict Management & ADR LAW 6410
This course provides an introduction to the corporate perspective on stepped processes with an emphasis on disputes relating to intellectual property. It will introduce students to a variety of ADR processes and concepts and critically analyze each to better understand its advantages, disadvantages, opportunities, and limitations. The use of mediation and negotiation to prevent and resolve disputes will be emphasized. Ethical issues raised by various ADR methods will also be discussed. A significant portion of class time will be devoted to the analysis of simulations.
Contracts I LAW 6110
A study of doctrines used to determine which promissory obligations society will enforce. Areas of concentration include: consideration, remedies, and other related topics. Impact of the Uniform Commercial Code is also considered. All Tracks. First-year. Credit Type A.
Contracts II LAW 6810
A study of doctrines used to determine which promissory obligations society will enforce. Areas of concentration include: offer and acceptance, capacity to contract, Statute of Frauds, assignment, performance, and other related topics. Impact of the Uniform Commercial code is also considered. All Tracks, Upper-level, Credit Type A.
Copyright Law LAW 6415
This course introduces students to basic copyright principles and issues and explores the question of whether and how copyright law is likely to change in the future, particularly with the advent of new technologies, a developing knowledge-based economy and an environment of global commerce. The course will survey the historical background, public policies and basic foundations of copyright law. Students will study the Copyright Act of 1976 and its amendments, the Digital Millennium Copyright Act, international treaties, transfers of rights, and infringement and its defenses. The course will discuss these issues in the context of a variety of different industries or fields, such as the entertainment industry, visual arts and publishing, the computer industry, cyberspace and, to some degree, the interests of libraries.
Cybercrimes Law & Procedure LAW 6975
This two-credit course will explore the legal issues affected by on-line and computer-related criminal conduct. Specifically, the course will examine the application of extant and evolving criminal law doctrines to conduct committed and/or mediated via computer and information technology. It will examine three primary areas: (1) how substantive criminal law principles (extant and emerging) should apply to antisocial conduct facilitated via the use of computer and other emerging technology; (2) how procedural law should apply to the investigation of offenses resulting from such conduct; and (3) how the evolving phenomenon of cybercrime challenges traditional notions of sovereignty.
Cyberspace Law LAW 6835
An in-depth study of selected issues raised by widespread use of electronic information systems and computer networks such as the Internet. Issues might include data privacy, database access, access to governmental information, governmental access to private information, privacy, electronic publishing, electronic carriers, transborder data flow, protecting electronic commerce from fraud or theft. No prior knowledge of the Internet or of computers is required.
Electronic Commerce LAW 6836
A survey of legal issues relating to electronic commerce, including issues such as electronic contracts, digital signatures, authentication of electronic documents, online payments, digital cash, security for electronic payments, encryption, proposed UCC Article 2B, taxation of online commerce, export controls and transnational data flow, electronic fraud, and jurisdiction.
Entertainment Law LAW 6841
This course will explore many of the legal, business and policy issues which a lawyer encounters in the music, film, television, and sports industries. Some of the topics that the course will cover are: intellectual property issues in the entertainment industry; conflict of interest and other legal ethics issues; contractual rights and relations among entertainment industry workers in television, motion pictures, and recordings, including agency and management agreements; analysis of the economic structure of the entertainment industry; basics of film and television practice including financing, production and distribution arrangements and agreements; a survey of the various unions and guilds having jurisdiction over the various personnel in the entertainment industry, including the Writers Guild of America, Screen Actors Guild, American Federation of Radio and Television Artists, American Federation of Musicians and Actors Equity.
Externship: Intellectual Property, Cyberlaw and Creativity Concentration LAW 6903
An externship is a semester-long placement with a court, a governmental office or agency, a public interest organization, or a business, where students will perform the tasks of an attorney. Students will be assigned externships that relate to the curricular track that they have chosen. The Externships available to students in the Intellectual Property, Cyberlaw and Creativity Track are designed to allow students to participate in a law firm or corporate law department working on intellectual property matters assigned to their supervising attorney. Students will begin their externships by participating in a workshop on professionalism and professional responsibility. Then, they will spend an average of 16 hours per week working. They will be under the supervision of a licensed attorney at the site of their externship, and they will also report to an externship supervisor at the School of Law. Depending on the externship assigned, students may also be required to participate in a weekly colloquium to analyze their experiences. This experience will not include any in-court appearances, so students will not need a limited license to participate.
Federal Taxation of Business Entities & Owners LAW 6875
This course will consider the federal income tax implications of the transactions constituting the formation, operation and dissolution of corporations, partnerships and limited liability companies. The primary focus of the course will be the tax implications of transactions between and among the entities and their owners by viewing simultaneously each transaction in the context of all the entities. Thus, we will consider tax implications on a transaction-by-transaction basis allowing us to compare and contrast the tax impact on each entity and owner of each transaction. The course will not cover to any significant degree business mergers or acquisitions. Prerequisite: Individual Income Taxation.
Independent Study for Graduate Students LAW 6904
Students undertake a written project under the supervision of individual faculty members. The project shall result in the production of a substantial scholarly paper. Each project undertaken must be submitted and approved, in writing, by the faculty member involved and the associate dean. No more than one independent study may be taken in any one semester, and only one may be taken in a summer session. No more than four independent studies may be taken by any student in the course of law school studies. No more than four credit hours of such work will count toward the graduation requirement.
Intellectual Property Law LAW 6400
Intellectual property is a legal tool that helps protect and facilitate the commercialization of human innovation, such as creative works, inventions and proprietary and/or competitive business information. This course generally exposes students to current and potential intellectual property issues facing society and business. It is a survey of the different intellectual property mechanisms, such as patents, trademarks, copyrights, trade secrets and other related state law doctrines. Firts-year, Credit Type A.
International Business Transactions LAW 6977
The areas studied are international trade policy, international taxation, international antitrust, extra-territorial jurisdiction, boycotts, the foreign Corrupt Practices Act, letters of credit, export licensing, investment treaties, and the U.N. Convention on Contracts for the International Sale of Goods. Special contract provisions, including those dealing with arbitration and choice of law, also are covered.
International Law LAW 6850
An introduction to international law as applied between independent nations and in American courts. Included are: the sources, development, authority, and application of international law; the laws of recognition, and of jurisdiction over land, sea, and air; and the making, interpretation, enforcement, and termination of treaties. The role of the United Nations and the International Court of Justice also are studied.
International Intellectual Property Law LAW 6972
This course examines issues of intellectual property law raised by the exploitation and use of creative and commercial products in an international environment. General topics covered include: the negotiation and conclusion by states of different types of agreements prescribing standards of intellectual property protection, efforts to create supranational intellectual property rights, resolution of disputes between states regarding compliance with obligations imposed by international intellectual property law (primarily under the dispute settlement system of the World Trade Organization), the interaction of trade policy and intellectual property laws, and the private enforcement of intellectual property disputes involving international components. In the course of the class, students will study pertinent treaty regimes, including the Universal Copyright, Berne, Rome and Paris Conventions, WIPO, TRIPS, NAFTA and selected EU directives.
Introduction to the U.S. Legal System & U.S. Legal Research for Graduate Students LAW 6901
This course will introduce graduate students without a degree in law from a U.S. law school to the basic structure and content of the U.S. legal system, examining how the three branches of government at the state and federal levels make law and legal policy in the United States. Students will be introduced to the nature of and relationships among judge-made case law and laws enacted by legislatures and administrative entities. Students will also become familiar with the methods and techniques employed in legal research in the United States. This course will also serve as an introduction to the various types of pedagogies that students will encounter in other law courses and provide an initial exploration of legal analysis and writing. Students will be expected to complete research and writing exercises during the course.
Legislation LAW 6111
Introduces students to the basic concepts of statutory law. The rules of legislative analysis, construction, and interpretation, among other topics, will be explored, as well as the role of attorneys in the legislative and administrative processes. The focus of the course is on training students to be able to analyze, interpret, and apply statutes and other forms of public law to factual situations that commonly arise in the practice of law. The course will also provide an overview of the legislative and administrative processes and policy considerations inherent in the creation of public law. All Tracks, First-year. Credit Type A.
Licensing Intellectual Property LAW 6420
Selected topics relating to sales and licenses of computers and other technology, e.g., shrink-wrap, OEM, and other license agreements; applicable warranties and remedies; contracting with the federal government; and transnational agreements.
Patent Law LAW 6425
Introduction to patents and related subjects. Covers establishment and protection of inventions and other forms of intellectual property and enforcement of rights against infringers. Consideration also will be given to problems encountered by business attorneys whose clientele include companies which invent new goods, machinery, or industrial processes.
Real Property I LAW 6104
The introductory course in real property law. concerning possession, estates in land, future interests, and landlord-tenant relationships. All Tracks. First-year, Credit Type A.
Trademarks and Unfair Competition LAW 6971
This course explores the creation and protection of trademark rights, as well as other forms of protection offered under unfair competition laws. The course includes an examination of the legal and economic rationales underlying trademark law and basic issues of trademark law: the prerequisites to trademark protection, the scope of trademark rights, the registration process and the grounds for excluding marks from protection or registration, restrictions on the distribution of imitation or counterfeit goods, and the remedies available in trademark litigation. The course will also cover protection available under unfair competition laws including prohibitions on false advertising and publicity rights.
Trade Secret Law LAW 6535
This course is designed to provide students with a detailed examination of trade secret law. In this course, the students will: (a) be introduced to the complex legal and policy issues surrounding trade secrets and their misappropriation; (b) engage in an in-depth discussion of various provisions of the Uniform Trade Secret Act: (c) critically examine various fact patterns in light of relevant case law; (d) analyze employment agreements with non-disclosure and non-compete provisions; and (e) prepare a proposed trade secret policy and non-complete agreement for a client. Prerequisite: Intellectual Property Law. Credit type A.