Course Descriptions
Administrative Law - LAW 6205
3 credits
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. Upper-level. Credit Type A.
ADR for the Litigator - LAW 6200
3 credits
This course provides a basic survey of methods of dispute resolution with an emphasis on representing clients in the pretrial setting. 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. Among the processes covered are arbitration, mediation, negotiation, and other methods of systematic dispute avoidance. A significant portion of class time is devoted to the analysis of simulated performances. Ethical issues raised by various ADR methods will also be discussed. Advocacy and Dispute Resolution Concentration. Upper-level. Credit Type B.
Advanced Civil Procedure - LAW 6210
3 credits
A further examination of procedural issues arising in civil litigation. This course expands upon the concepts covered in Civil Practice and Procedure. Among the concepts addressed are complex litigation, joinder, class actions, multi-district litigation, discovery, issue and claim preclusion, and common-law writs. Students in the Advocacy track must take LAW 6210 or LAW 6215. Upper-level. Credit Type A.
Advanced Commercial Transactions – LAW 6930
4 credits
This course builds on the knowledge obtained in the required Commercial Transactions course and allows further study of Articles 2, 3, 4, and 9 of the Uniform Commercial Code. Students will be asked to represent a hypothetical small business owner in various commercial transactions such as contracts, leases, and financing arrangements. In planning such transactions, students will research the applicable law, advise their clients, and prepare the documents and filings necessary to implement each transaction.
Advanced Criminal Law - LAW 6215
3 credits
An examination of some of the major issues in federal criminal litigation. Among the subjects covered will be federal criminal jurisdiction, fraud and political corruption, RICO (Racketeer Influenced Corrupt Organizations), drug trafficking, money laundering, anti-terrorism measures, and sentencing guidelines. Students in the Advocacy track must take LAW 6210 or LAW 6215. Upper-level. Credit Type A.
Advanced Dispute Resolution – LAW 6920
4 credits
This course concentrates on varying substantive areas in which alternative methods of dispute resolution are frequently employed, such as tort or commercial disputes. Each semester, the course will focus in depth on a particular substantive area of the law. One or more simulated cases will be used to provide the students with practical, hands-on experience with this type of dispute. Each student will be asked to represent a hypothetical client from the outset of a dispute. At the discretion of the professor, students may also serve as neutrals. Areas of emphasis include negotiation, mediation, and arbitration processes.
Antitrust Law - LAW 6405
3 credits
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. Upper-level. Credit Type A.
Appellate Practice and Procedure - LAW 6220
2 credits
Includes the role and function of appellate courts, appealability, preserving issues for appeal, the rules of appellate procedure both federal and state, effective brief writing and oral argument, problems of appellate courts such as limitations on oral argument and writing and publication of opinions, techniques of limiting appeals such as settlement conferences, and when to appeal. The emphasis in this course is on the construction of legal arguments using a problem- oriented approach which exposes the student to the adversary process, the role of lawyer as advocate, and written and oral advocacy skills at the trial and appellate levels. Upper-level. Credit Type A.
Appellate Practice & Procedure Teaching Assistant - LAW 6837
1 or 2 credits
Teaching assistants work with the Appellate Practice & Procedure instructors, as needed, to research the problems for the Appellate Practice & Procedure course, provide guidance to students in their research, writing, and oral arguments, and serve as judges during the oral advocacy portion of the course. Teaching assistants are selected by the professor in charge of the Appellate Practice & Procedure course. Teaching assistants are awarded credit on a "credit/no credit" basis. Credit Type C.
Bar Exam Preparation: Procedure & Practice - LAW 6895
2 credits
This course is designed for students who plan to sit for any bar exam. Students plan for bar passage by mastering their bar exams’ substantive coverage, exam question format, and exam test conditions. This course provides exam-taking techniques and strategies for answering questions in two bar exam formats: multiple choice and essay. Students master selected substantive law topics on the national multi-state exam (MBE) and complete exam questions in MBE and essay question formats. The course is two credits on a Credit-No Credit basis. Enrollment is limited to students in their final semester of law school. Credit Type C.
Business Organizations - LAW 6801
3 credits
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.
Business Planning for the Small Business – LAW 6931
4 credits
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 a hypothetical client seeking to organize and operate a small business. Preparation and revision of various documents will be a central component of this course, with focus on drafting techniques.
Civil Practice and Procedure - LAW 6101
4 credits
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 Concentrations. First-year. Credit Type A.
Civil Rights and Liberties Litigation – LAW 6921
4 credits
This course concentrates on varying problems associated with the protection of individual rights and liberties at both the state and federal levels. Each semester, the course will focus in depth on a particular issue or statutory scheme, such as employment discrimination, discrimination under the ADA, or discrimination under 42 U.S.C. § 1983. One or more simulated cases will be used to provide the students with practical, hands-on experience with this type of litigation. Each student will be asked to represent a hypothetical client from the initial interview through the various stages of the dispute.
Civil Trial/Evidence Lab - LAW 6226
2 credits
This course is to be taken concurrently with LAW 6225, Evidence for the Litigator. Each aspect of civil trial will be examined. This course will meet for three hours a week and will include Evidence exercises which require the students to apply the doctrinal material covered during the meetings of Evidence for the Litigator. As part of the exercises the students would be required to demonstrate their knowledge of Evidence doctrine. Students in the Advocacy track must take LAW 6226 or LAW 6227. Upper-level. Credit Type B.
Commercialization of Intellectual Property – LAW 6941
4 credits
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 the negotiation and drafting of relevant agreements. Prerequisite: Intellectual Property.
Commercial Real Estate Transactions – LAW 6932
4 credits
This course examines legal and business issues common to commercial real estate transactions and utilizes a problem oriented approach with an emphasis on practice oriented skills. The course is comprised of four basic parts: acquisition, finance, construction, and leasing. Each of the four parts will include written assignments as a means for the students to synthesize what they have learned and to apply this knowledge in a manner similar to how attorneys operate when handling commercial real estate transactions.
Commercial Transactions - LAW 6802
4 credits
A general overview of the concepts and methods of commercial law. Emphasis is on Articles 2, 3, 4, and 9 of the Uniform Commercial Code, covering Sales, Commercial Paper and Bank Collection, and Secured Transactions. All Tracks. Upper-level. Credit Type A.
Complex Civil Litigation – LAW 6923
4 credits
This course explores varying substantive areas involving large-scale litigation, such as antitrust law, environmental law, and mass torts. Each semester, the course will focus in depth on a particular substantive area, and the student will be asked to represent a party in a dispute relating to that area. The student will be asked to represent a hypothetical client from the initial interview through the final resolution of the dispute. Areas of emphasis include organization of voluminous discovery; pleadings; measurement of damages; settlement techniques; use of discovery; use of pleadings and briefs; trial approach and techniques.
Conflict Management & ADR - LAW 6410
3 credits
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. Upper-level. Credit Type B.
Constitutional Law - LAW 6803
4 credits
A general overview of basic concepts of substantive constitutional law and the judicial function. Topics include: federal government powers; separation of powers; federalism; due process; equal protection; and first amendment (expression and religion clauses). First-year. Credit Type A.
Contracts I - LAW 6110
2 credits
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. First-year. Credit Type A.
Contracts II - LAW 6810
3 credits
A study of doctrines used to determine which promissory obligations society will enforce. Areas of concentration include: capacity to contract, assignment, performance, and other related topics. Impact of the Uniform Commercial Code is also considered. First-year. Credit Type A.
Copyright Law - LAW 6415
2 credits
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. Prerequisite: Intellectual Property. Upper-level. Credit Type A.
Creditors' Rights - LAW 6830
3 credits
A survey of the rights and duties of debtors and creditors under common law and statutes, including: judgments, executions, attachment and garnishment, fraudulent conveyances, receiverships, assignments for the benefit of creditors, and the Bankruptcy Code. Credit Type A.
Criminal Advocacy – LAW 6922
4 credits
This course concentrates on varying topics in criminal law and procedure. Each semester, the course will focus in depth on one or more issues of state and/or federal criminal law. One or more simulated cases will be used to provide the students with practical, hands-on experience with this type of case. Each student will be asked to represent the government or the defendant from arrest through final disposition, including any sentencing procedure. Emphasis will be placed on the pretrial process, including arraignments, grand jury proceedings, discovery, suppression hearings, and plea negotiations. At the option of the professor, students may be required to participate in two simulations, one in which he or she acts as prosecutor and one in which he or she acts as defense counsel.
Criminal Law - LAW 6107
3 credits
An analysis of the general principles of criminal law with the purpose of developing understanding concerning the potentialities and limitations of law as an instrument of social control. Areas of concentration include: actus reus, mens rea, attempt, causation, complicity, justification and excuse, crimes against people, crimes against property, and sentencing. All Concentrations. First-year. Credit Type A.
Criminal Procedure - LAW 6112
3 credits
A survey of procedural issues presented in the administration of criminal justice with the purpose of developing an understanding of the limitations placed on law enforcement authorities and the legal protections afforded defendants. Fourth, fifth, and sixth amendment rights are the focus of this course with coverage of areas such as the exclusionary rule, search and seizure, and the right against self-incrimination. Upper-level. Credit Type A.
Criminal Trial/Evidence Lab - LAW 6227
2 credits
This course is to be taken concurrently with LAW 6225, Evidence for the Litigator. Each aspect of the criminal trial will be examined. This course will meet for three hours a week and will include Evidence exercises which require the students to apply the doctrinal material covered during the meetings of Evidence for the Litigator. As part of the exercises the students would be required to demonstrate their knowledge of Evidence doctrine. Students in the Advocacy track must take LAW 6226 or LAW 6227. Upper-level. Credit Type B.
Cybercrime Capstone – LAW 6924
4.0 credits
This course includes a collaborative venture, the Cybercrimes Course Collaboration (the lab), conducted in conjunction with UD’s Criminal Justice Program. In the lab portion of the course, law students will engage in intensive legal research and production of an in-depth paper relating to the investigation and prosecution of cybercrime. Students will be developing professional skills of legal writing for non-lawyers, including law enforcement personnel; collaboration with others involved in the investigation and prosecution of cybercrimes; and rigorous legal research and writing. Under the guidance and supervision of the professor, the students enrolled in the course would research discrete state law governing the following issues: (i) the investigation of cybercrimes, which would include computer search and seizure, electronic wiretapping and eavesdropping, transborder and network investigations; (ii) the prosecution of cybercrime, which would focus on specialized cybercrime offenses like hacking and on how more generic offenses, such as theft, can be used to prosecute cybercriminals; and (iii) digital evidence, which would focus on how traditional evidentiary rules such as hearsay and the best evidence rule are applied to digital evidence. Working with the professor, the students would use their research to create deskbooks or guides to state law on various issues.
Cybersecurity and National Security Law Course - LAW 9894
2 credits
This course (i) provides students with an introduction to general national security law and (ii) educates them about the specific, unprecedented challenges our use of cyberspace poses to the application of that law and the general goal of protecting a nation-state from hostile forces. Credit Type A.
Cyberspace Law - LAW 6835
2 credits
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. Credit Type A.
Directed Readings - LAW 6861
1-2 credits
Students undertake a program of directed readings under the close supervision of a full-time faculty member. Each project undertaken must be submitted and approved in writing by the faculty member involved and the associate dean for academic affairs. Evaluation of the student for credit must be based in part either on a written examination or on the student's completion of extensive written work. No more than one directed readings program may be taken in a summer session. No more than a total of four directed readings may be taken by any student in the course of law studies. No more than four credit hours of such work will count toward the graduation requirement of 90 credit hours. Prerequisites: upper-level standing with a minimum cumulative grade point average of 2.5. Credit Type C.
Domestic Relations Practice – LAW 6934
3 or 4 credits
This course builds upon legal concepts mastered in the basic course in Family Law and provides students with an opportunity to explore, in depth, selected topics in domestic relations law and practice. The topics covered may include: the attempt to structure the consequences of marriage and divorce by means of pre- and post-martial agreements; domestic relations litigation; post-divorce enforcement and modification of economic and child custody orders; and the unique ethical issues encountered in a domestic relations practice. Students will be asked to represent one or more hypothetical clients. In the course of this representation, they will be required to draft documents, engage in motion practice, appear at hearings, represent clients in negotiations or mediations, etc. Prerequisite: Individual Income Tax, Family Law.
Electronic Commerce - LAW 6836
2 credits
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. Credit Type A.
Employment Discrimination - LAW 6846
3 credits
This course examines state and federal legislation dealing with class based and individual discrimination in employment on the basis of sex, race, religion, disability, national origin, or age. The major emphasis of the course will be on Title VII of the Civil Rights Act of 1964. Other laws include the Equal Pay Act, the Age Discrimination in Employment Act, the American's with Disabilities Act, the Family and Medical Leave Act and the Pregnancy Discrimination Act. Subjects may include the theories of discrimination, defenses and evidentiary proof (direct, circumstantial, and statistical); pregnancy discrimination; sexual harassment; affirmative action; and remedies for unlawful employment discrimination. Credit Type A.
Employment Law - LAW 6840
2 credits
This course will study the evolving relationships between employers and employees in the nonunion settings. The course highlights various state and federal regulatory aspects of the employment relationships as well as common law developments as they relate to topics such as screening and hiring of employees, termination of employees, wages, hours and other terms and conditions of employment, and occupational safety and health. Credit Type A.
Entertainment Law - LAW 6841
3 credits
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. Credit Type A.
Environmental Law - LAW 6833
3 credits
This course explores both private and governmental control and management of the environment with primary emphasis given to the problems of pollution. After an introduction to both the common law and regulatory approaches to pollution control, the course examines specific problem areas, which may include air and water pollution, solid and hazardous waste treatment and disposal, environmental issues in property and business transactions, and the tension between regulating private property and the constitutional regulatory takings doctrine. Credit Type A.
Estate & Tax Planning – LAW 6933
4 Credits
A study of the federal income, gift, and estate tax consequences and non-tax legal aspects of inter vivos and testamentary gratuitous transfers and of planning for hypothetical clients in order to meet tax and non-tax objectives. Drafting various document clauses for instruments to implement clients' estate plans. Arrangements that will be studied include irrevocable trusts, powers of appointment for property management, and powers of selected creditors' rights.
Evidence for the Litigator - LAW 6225
3 credits
To be taken concurrently with LAW 6226, Civil Trial/Evidence Lab, or LAW 6227, Criminal Trial/Evidence Lab. Two hours of class per week will be devoted to teaching the doctrinal part of Evidence. At the beginning of the week specific evidentiary issues will be covered during the two hour portion of the course. Advocacy Concentration Only. Upper-level. Credit Type A.
Externship – LAW 6900
4 Credits
This course is a semester-long placement with a court, governmental office or agency, public interest organization or business during which the student performs the tasks of a lawyer under the mentorship and direction of an on-site supervisor, who is also a lawyer, and the general supervision of a full-time externship supervisor at the School of Law. Each student will be assigned an externship related in some way to his or her track. The student is expected to engage in research, writing, and other legal experiences that are part of the regular work of the office in which she or he serves. The overarching goals of these experiences are to present the student with opportunities for substantial, supervised experience in analyzing legal problems, and finding creative and competent solutions to those problems by applying the skills and knowledge they have studied in law school, guided by a skilled and experienced practitioner. Students begin the experience with a workshop on professionalism and professional responsibility. They then will spend 12 weeks during the semester working at the placement an average of 16 hours per week. Where appropriate, students may be required to attend weekly colloquia as part of the externship during which their experiences can be analyzed. Students may not receive compensation for an externship. Prior approval with externship Professors required. Upper-level. Credit Type B.
Family Law - LAW 6831
3 credits
This course examines the law's efforts to regulate the formation, operation, and dissolution of the family. To that end, students study the laws governing marriage and its validity, legal problems which may arise during marriage, and issues surrounding the termination of marriage, such as alimony, property division, and child custody. Credit Type A.
Federal Taxation of Business Entities & Owners - LAW 6875
3 credits
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. Credit Type A.
Fundamentals of Evidence - LAW 6820
3 credits
Rules and principles governing selection, admission, and exclusion of various forms of evidence. Major areas focused upon include: direct and cross examination, competency and privileges of witnesses, judicial notice, burden of proof, presumptions, province of court and jury, confessions, the hearsay rule and its exceptions, and the best evidence rule. General Practice Concentration; Law, Technology, and Innovation Concentration. Upper-level. Credit Type A.
Health Care Law - LAW 6842
3 credits
A survey of the legal regulation of quality of, access to, and financing of health care. Subjects addressed will include medical malpractice, patient rights, licensure, and bioethical policy. Credit Type A.
Immigration Law Process & Policies - LAW 6851
2 credits
This course will examine all basic aspects of Immigration Law, processes and policies. These aspects include the history and development of Immigration law and policies, federal immigration power, immigration subject areas such as permanent resident alien status; non-immigrant temporary residents; political asylum and refugee status; exclusion, admission and deportation law and processes; administrative and judicial review; citizenship and nationality; and broader perspectives such as legal, moral and social justice implications of immigration law, policies and practices. Credit Type A.
Independent Study - LAW 6860
1-2 credits
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 of 90 credits. Prerequisites: Upper-level standing with a minimum cumulative grade point average of 2.5. Credit Type C.
Individual Income Taxation - LAW 6305
3 credits
The basic course in federal income taxation of individuals. Examples of concepts treated include: gross income, deduction, exemptions, capital gains and losses, and the classification of taxable income. Upper-level. Credit Type A.
Insurance Law - LAW 6843
2 credits
Elements of the insurance contract, nature and form, insurable interests, insurance agents and brokers, consideration, representations and warranties, rights and obligations of the parties, waiver and estoppel, subrogation and remedies. Special emphasis is placed on life, fire, and casualty insurance. Credit Type A.
Intellectual Property Law - LAW 6832
3 credits
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. For Advocacy Track and General Practice Track students only. Credit Type A.
International Law - LAW 6850
3 credits
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. Credit Type A.
Interviewing, Counseling, and Negotiation - LAW 6310
3 credits
This course focuses on the interpersonal communication skills needed by general practitioners with an emphasis on negotiating transactions. The course is designed to help students understand the fundamentals of interviewing, counseling, and negotiation. Questions concerning the lawyer's role in the attorney-client relationship will be closely examined as will ethical issues relating to negotiation. Students are expected to participate in a number of simulated performances in all skill areas. A significant portion of class time is devoted to the analysis of simulated performances. Upper-level. Credit Type B.
Law Clinic Intern – LAW 6950
4 credits
This course studies lawyer decision making by placing students in the role of lawyer in real cases and by analyzing decisions made in that role. The course consists of two parts, fieldwork and class sessions. In the fieldwork, students will assume the responsibility of representing clients in a variety of legal matters under the supervision of professors trained to work with clinic students. Clinic professors select cases based upon their educational value to enrolled students, and where possible students represent persons in need. Where appropriate, professors may choose to concentrate on specific types of cases, such as criminal law or landlord/tenant law. The class focuses on the role and skills of a lawyer using simulation, review, and discussion, and "case rounds" methodologies. A rigorous writing experience is a key component of the course. Prerequisites: Civil or Criminal Trial Practice or Trial Practice Lab and Intern's License. Upper-level, fifth or sixth semester of study. All students must take a capstone course or Law Clinic Intern. Credit Type A
Law & Education - LAW 6844
3 credits
This course surveys an array of legislative and judicial responses in the area of Education Law. In placing its primary focus on K-12 education, the course will examine such topics as school governance; school finance; compulsory attendance; religion in the schools; student rights, including, but not limited to, free speech (e.g., student publications and dress codes), discipline, and search and seizure; faculty rights including, but not limited to, certification, collective bargaining, free speech, and tenure; and equal educational opportunities relating to desegregation, the rights of students and school employees with disabilities, and gender equity. Credit Type A.
Law Practice Management - LAW 6315
2 credits
This course is designed to develop professional judgment skills in the area of law practice management with an emphasis on the small or solo law office. The areas of study will include legal professions trends, products and services, case planning, fee contracts, fee arrangements, common ethical complaints and methods to avoid them, civility in the profession, marketing and promotion of legal services, firm performance evaluation, financial analysis of the firm, strategic planning, modern law office technology, use of law clerks and paralegals, pro bono obligations, and human resources management. Credit Type A.
Law Review - Associate Editors (first term) - LAW 6867
1 credit
Intensive research into diverse legal subjects and preparation and editing of articles for publications in the University of Dayton Law Review. Provides students with the opportunity to enhance their legal research and writing skills. Member of Editorial Board. Prerequisite: Selection by the Law Review Board of Editors. Credit Type C.
Law Review - Associate Editors (second term) - LAW 6868
1 credit
Intensive research into diverse legal subjects and preparation and editing of articles for publications in the University of Dayton Law Review. Provides students with the opportunity to enhance their legal research and writing skills. Member of Editorial Board. Prerequisite: Selection by the Law Review Board of Editors. Credit Type C.
Law Review - Editorial Board (first term) - LAW 6869
2 credits
Intensive research into diverse legal subjects and preparation and editing of articles for publications in the University of Dayton Law Review. Provides students with the opportunity to enhance their legal research and writing skills. Member of Editorial Board. Students receiving credit as members of the Editorial Board would not be eligible for credit for third-year writing. Prerequisite: Selection by the Law Review Board of Editors. Credit Type C.
Law Review - Editorial Board (second term) - LAW 6870
2 credits
Intensive research into diverse legal subjects and preparation and editing of articles for publications in the University of Dayton Law Review. Provides students with the opportunity to enhance their legal research and writing skills. Member of Editorial Board. Students receiving credit as members of the Editorial Board would not be eligible for credit for third-year writing. Prerequisite: Selection by the Law Review Board of Editors. Credit Type C.
Law Review - Junior Staff (first term) - LAW 6865
2 credits
Intensive research into diverse legal subjects and preparation and editing of articles for publication in the University of Dayton Law Review. Provides students with the opportunity to enhance their legal research and writing skills. Law Review research, writing, and other staff work. Prerequisite: Selection by the Law Review Board of Editors. Credit Type C.
Law Review - Junior Staff (second term) - LAW 6866
2 credits
Intensive research into diverse legal subjects and preparation and editing of articles for publication in the University of Dayton Law Review. Provides students with the opportunity to enhance their legal research and writing skills. Law Review research, writing, and other staff work. Prerequisite: Selection by the Law Review Board of Editors. Credit Type C.
Legal Profession I - LAW 6105
3 credits
Begins with an introduction to the role of law in our society, the basic structure of our legal system, and the various professional roles which lawyers play in the justice system. With this background, the remainder of the course integrates major units on critical reading, legal reasoning, legal research, and predictive writing. Some assignments are used to introduce students to substantive areas of law relating to their track. All Concentrations. First-year. Credit Type A.
Legal Profession II - LAW 6106
3 credits
A continuation of Legal Profession I. This course is designed to further enhance the legal research skills of the student and to integrate major units on legal reasoning and writing in a problem-oriented format which introduces students to the process and challenges of lawyering in the pretrial setting. Some assignments are used to introduce students to substantive areas of law relating to their track. All Concentrations. First-year. Credit Type A.
Legislation - LAW 6111
3 credits
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. Upper-level required (third semester). Credit Type A.
Licensing Intellectual Property - LAW 6420
2 credits
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. Prerequisite: Intellectual Property (LAW 6400 or LAW 6832). Upper-level. Credit Type A.
Mock Trial Competition - LAW 6871
2 credits
Selected upper-level students represent the School in the intercollegiate National Trial Competition. Students are given a simulated case file and are required to prepare and present the case. The focus of the course is the in-depth development of pretrial and trial skills. The course provides students with an opportunity to integrate and apply procedural and substantive rules of law in the context of a simulated trial. Prerequisite: Evidence (LAW 6225 or LAW 6820). Credit Type B.
Moot Court Interschool Competition - LAW 6872
2 credits
Upper-level students represent the School of Law in an approved interschool moot court competition. The course is designed to provide students with an opportunity to develop both written and oral appellate advocacy skills. Each student is required to write an appellate brief on legal issues presented by an approved moot court competition problem regardless of whether a written brief is required under the rules of the competition. This written brief serves as the principal basis for the student's grade in the course. In addition, each student is required to participate in oral arguments at the competition site. Students are selected as competitors by the faculty advisor of the Moot Court Board. Students who have received credit in Moot Court National Competition (LAW 6873) are ineligible for this course. This course is graded on a "credit/no credit" basis. Prerequisite: Preparation of a written appellate brief and presentation of oral argument in the Walter Rice Intramural Moot Court Competition.
Moot Court National Competition (fall term) - LAW 6873
3 credits
Students with more than 53 units of credit represent the School of Law in the National Moot Court Competition. The course is designed to provide students with an opportunity to develop both written and oral appellate advocacy skills. Each student is required to write an appellate brief on legal issues presented by the National Moot Court problem. This written brief also serves as the principal basis for the student's grade in the course. Any "designated brief writer" also has responsibility for the coordination and editing of the appellate brief required under the competition rules. "Oral advocates" are required to participate in all oral arguments provided for under the competition rules. Students are selected as competitors by the faculty advisor of the Moot Court Board. This course is graded on a "credit/no credit" basis. Prerequisite: Moot Court Interschool Competition.
Patent Law - LAW 6425
2 credits
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. Prerequisite: Intellectual Property. Upper-level. Credit Type A.
Patent Practice and Procedure – LAW 6940
4 credits
Study of 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. Prerequisite: Intellectual Property, Hard Science Background.
Professional Responsibility - LAW 6829
2 credits
An examination of the duties and privileges of the legal profession, as well an attorney’s responsibilities to the client, the community, and the profession. All Concentrations. Upper-level. Credit Type A.
Real Property I - LAW 6104
4 credits
The introductory course in real property law, concerning possession, estates in land and future interests, concurrent ownership, landlord-tenant relationships, conveyancing and title, and servitudes. First-year. Credit Type A.
Real Property II - LAW 6804
3 credits
Study of rights in land, contracts for the sale of land, mortgages, titles, conveyancing, recording, zoning, and eminent domain. All Concentrations. Upper-level. Credit Type A.
Remedies - LAW 6845
3 credits
Analyzes legal and equitable remedies in a variety of substantive settings, including: damages, specific performance, injunctions, restitution, and rescission. The concept of unjust enrichment is examined from the perspective of both substance and remedy. Credit Type A.
Securities Regulation - LAW 6890
3 credits
This course will provide a survey of regulation relating to the issuance and trading of securities. Topics covered will include the Securities Act of 1933, the Securities Exchange Act of 1934, and selected state statutes. Students will also be introduced to basic concepts of economics and corporate finance. Prerequisite: Business Organizations (LAW 6801). Upper-level. Credit Type A.
Tax Clinic - Staff - LAW 6876
1 credit
Volunteer Income Tax Assistance (VITA) program. During January, students study and receive classroom instruction in the fundamentals of preparation of federal, state, and city income law, in preparation of tax returns, in interviewing clients to obtain information, and in counseling clients regarding their current tax obligations and any advisable future tax planning opportunities, and pass qualification tests. During February, March and the first half of April, students interview clients, prepare tax returns, explain the returns and obligations to the clients, and where advisable initiate tax counseling to advise clients of future steps which are appropriate. Credit Type C.
Tax Clinic - Supervisor - LAW 6877
1 credit
Volunteer Income Tax Assistance (VITA) program. During January, student supervisors review fundamentals of federal, state, and city income tax law, client interviewing techniques, and tax return preparation. Student supervisor oversee and assist less experienced law students in resolving difficult tax issues and in preparing tax returns. Student supervisors review tax returns prepared by less experienced students, prepare amended returns, occasionally prepare more difficult tax schedules or returns, and perform office administrative tasks. Prerequisite: Prior tax experience and instructor's permission. Credit Type C.
Torts I - LAW 6102
3 credits
Examination of the area of personal wrongs, including interference with the person or property of another and respective defenses. The concepts focused on are intentional torts and their defenses, negligence and its defenses, strict liability, and vicarious liability. All Concentrations. First-year. Credit Type A.
Torts II - LAW 6103
2 credits
Continuation of Torts I. Further examination of the area of personal wrongs. The concepts focused on are economic torts, defamation, product liability, and the right to privacy. All Concentrations. First-year. Credit Type A.
Tort Litigation - LAW 6925
4.0 credits
The four credit Tort Litigation Capstone course provides students with the opportunity to apply the knowledge and skills they have learned throughout their first two years of law school in a realistic law firm setting. Students will process a simulated tort case from initial client interview through pleadings, discovery, mediation and culminating in a full trial. The case is based on a medical malpractice claim. Clients and witnesses will be played by professional actors and others with specific expertise. The goal of the course is to duplicate, as much as possible, what a lawyer may face when pursuing civil litigation, from initial client interview to final trial. Writing is also a critical lawyering skill and therefore there will be numerous writing assignments throughout the semester, such as pleadings and summary judgment motions.
Trademarks Unfair Competition - LAW 6971
2 credits
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. Credit Type A.
Trial Practice - Civil - LAW 6880
3 credits
Each aspect of civil trial will be examined. Litigative techniques in trial situations will be developed through actual student participation in simulated civil trials. Prerequisite/Co-Requisite: Evidence. Only one trial practice may be taken for credit, including Trial Practice Lab. This course is not available to students within the Advocacy Track. Credit Type B.
Trial Practice - Criminal - LAW 6885
3 credits
Examination and development of litigative techniques useful in criminal trials through participation in simulated trial situations. Each aspect of the criminal trial will be examined. Prerequisite/Co-Requisite: Evidence. Only one trial practice may be taken for credit, including Trial Practice Lab. This course is not available to students within the Advocacy Track. Credit Type B.
UCC: Payment Systems - LAW 6898
3 Credits
This course addresses several legal devices that are frequently used to make payments or to facilitate credit transactions. Primary consideration is given to negotiable instruments as governed by Articles 3 and 4 of the Uniform Commercial Code and by various federal statutes. Coverage also includes electronic funds transfers, credit and debit cards, and letters of credit. Credit Type A.
UCC: Sales And Personal Property Leases
2 Credits
This course explores the law governing the transfer of ownership and related rights in personal property. The principal focus is the law of sales under Article 2 of the Uniform Commercial Code, with consideration of issues related to scope, risk of loss, warranties and other performance standards, and remedies. Additional consideration will be given to personal property leases under Article 2A of the Uniform Commercial Code. Credit Type A.
UCC: Secured Transactions - LAW 6897
3 Credits
This course deals with credit transactions in which the collateral is personal property. It focuses on Article 9 of the Uniform Commercial Code, but considers other parts of the UCC as well pertinent parts of such statutes as the Bankruptcy Code and the Internal Revenue Code. The course addresses how credit works outside the secured transaction as a way to understand the role secured credit has in business and personal finance. The course will consider the methods of creating and perfecting security interests, determining priority among competing claims on a debtor’s assets, and realizing on the security interests should the debtor default. Credit Type A.
Wills and Trusts - LAW 6809
3 credits
Consideration of testate and interstate succession; powers of appointment; private and charitable trusts, their creation, duration, and termination; the duties of trustees in the administration of trusts; and the law of future interests. Also considered are the resulting and constructive trusts. All Tracks. Upper-level. Credit Type A.