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Elective Courses by Title

Accounting for Lawyers 1526 Law 422

This course provides an introduction to basic financial accounting, auditing, and finance for students who have not previously taken an accounting course. The course will be limited to such students unless they receive permission from the professor. Accounting topics will include basic accounting procedures and principles, and the analysis of basic financial statements including the balance sheet, income statement, and statement of cash flows. Auditing will focus on the role of the auditor and the meaning of auditing reports. Finance topics will include “time value of money” issues and business valuation topics. All topics will emphasize implications for the legal profession. This course has been revised and has been increased to three (3) credits in order to provide necessary business background and greater depth in each topic area.

Administrative Law 37 Law 453

Administrative law establishes the legal controls over the operation of government and hence it relates to almost every legal practice, from security regulation to social programs to criminal justice. Indeed, administrative law is essential to justice in a modern society because administrative agencies generate most of the law that actually affects our lives and because administrative agencies adjudicate far more disputes than the traditional judiciary. This course is an introductory examination of the rules and procedures governing agency decisionmaking. It explores (1) how agencies make policy and adjudicate individual disputes and (2) how businesses, interest groups, and citizens challenge agency policymaking in court.

Admiralty Law 1413 Law 441

A comprehensive survey of contemporary maritime law. Topics to be addressed include admiralty jurisdiction and procedure, the creation and enforcement of maritime liens, limitation of liability, maritime contracts, ship mortgage law, marine insurance contracts and principles, bills of lading, general average, and other maritime cargo issues, pilotage, towing, salvage, the law of seaman's injury and death, dealing with the modern piracy challenge, and an introduction to maritime environmental law. The course will have a practical focus, emphasizing legal concepts and practice tips of particular use to counsel representing ship owners, operators, seamen, marine insurance carriers, cargo interests, and others on a day-to-day basis.

ADR Practice 1925 Law 735

This class is a one credit, pass/fail course whose enrollment is limited to ADR team members.

The course will assume a basic level of familiarity with major ADR disciplines, and will focus on dealing with the intricacies of each discipline, particularly the problematic scenarios that often arise in tournaments and in real world practice. For example, a class session might focus on techniques for dealing with deadlocks in negotiations, handling a hostile party in mediation, or drafting an brief for an arbitration hearing. Though students will be expected to read regular assignments and the class will feature some lecture and discussion pertinent to particular facets of the weekly topic, the course will have a heavy practice focus including various in-class exercises and roleplay scenarios giving students a chance to practice their techniques. At the end of each unit, each student will participate in a full simulation round of each kind of ADR discipline, and will be given feedback by peers, the instructor, and volunteer practitioners recruited by the instructor. Grading will be based on class participation, performance in roleplays, in-class exercises and a brief writing assignment.

Advanced Brief Writing 1511 Law 730

This course is designed to enhance the student's brief writing skills in preparation for writing Moot Court tournament briefs. Moot Court team members are required to enroll during their spring, second-year semester. This course is available only to Moot Court team members.

Advanced Family Law Advocacy 1779 Law 719

This course will introduce students, in the context of Virginia substantive and procedural law, to the major practice areas typically encountered in a family practice: child abuse and neglect; domestic violence; child custody and support; and divorce. Through readings, class discussion, and simulated exercises, it explores concepts of client-centeredness and the development of case theory. Students will practice and develop necessary lawyering skills that include client interviewing, client counseling, negotiating, and litigation skills (pretrial practice, pleadings/motions drafting, and trial advocacy skills).

Advanced Research I 1418 Law 726

This 1-credit course develops skills in researching primary and secondary U.S. legal materials. Students will learn how to efficiently research treatises and journals, proposed and enacted legislation, agency regulations and documents, legislative and administrative history, and court and agency decisions. Both subscription legal databases and free topical websites are emphasized. Students attend four presentations over a two-week period and complete four research assignments. Students may enroll in both ART I and ART II. ART I is not a prerequisite for ART II.

Advanced Research II 1540 Law 727

Advanced Research Techniques II is a 1-credit course that introduces students to a variety of foreign and international law research sources and methods. Students will learn how to efficiently research secondary and business information, treaties and other international agreements, foreign and European Union law, and United Nations documents. Students attend four presentations over a two-week period and complete four research assignments. Students may enroll in both ART I and ART II. ART I is not a prerequisite for ART II.

Advanced Trial Techniques 1972 Law 736

The course will primarily address trial tactics including opening statements, closing arguments, and direct and cross-examination of witnesses. The course would also address other trial skills such as depositions, other forms of pre-trial discovery and evidentiary objections. Class participation is required.

This is a pass/fail course. Trial team members receive priority registration. Prerequisite: Trial Ad or Legal Skills IV.

Advocacy Regulation: Government Ethics & Lobbying 1914 Law 375

This course will introduce students to the multi-tiered and often-contradictory ethics rules governing those who lobby government officials at the federal, state and local levels. The course aims to expose students to the various lobbyist registration, licensing, and reporting requirements (including HLOGA, FARA, and selected state and local requirements) in order to give students a broad survey of the differing regimes applicable to the industry. A primary focus will be on the types of conduct prohibited for lobbyists (and the government officials with whom they deal) and the policy choices and implications feeding, and stemming from, those ethics regulations. Students should emerge from this course with an understanding of the rules governing lobbyists at all levels of government, as well as a comprehension of the challenges inherent in the American system of government in creating and enforcing a uniform set of standards. Students will be asked to examine not only the legal requirements but also real-life scenarios faced by lobbyists and ethics regulators, and to consider the policy implications behind the decisions those actors make. Grading: 10-12pp paper.

Alternative Dispute Resolution 2 784 Law 721

This course will explore the various processes of Alternative Dispute Resolution (ADR) available to attorneys and their clients, with particular focus on negotiation, mediation, arbitration, and court and agency-annexed ADR. The role of the lawyer in counseling a client and recommending a specific ADR process will be examined, as will the role of technology in ADR (including online ADR), and the ethical issues that surround a lawyers participation in ADR processes. Skills in communication and ADR processes will be developed through role play and simulation exercises, both in and out of class, throughout the semester, with learning reinforced through a reflective journal.

Alternative Dispute Resolution Survey 2 1670 Law 351

Knowledge about the various alternative processes of dispute resolution, as well as the law of ADR is quickly becoming indispensable to the civil legal practice of law. This survey course will introduce students to the important legal principles and issues posed by the growing use of ADR within the legal system. Further, the course will focus on the different types of alternative processes available to lawyers, with the goal of recognizing that conflict can present opportunities for significant change and growth, that will enable lawyers to more adequately represent the interests of their clients.

American Jury Seminar 1493 Law 542

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

Animal Law Seminar 1929 Law 587

This seminar offers a practical survey of legislative and regulatory efforts and litigation on behalf of animals under U.S. and International law. The course will address the historical status of animals in the law; the current application of animal protection laws for companion animals, wildlife, and farm and other domesticated animals; legislative efforts and citizen initiatives to strengthen animal protection laws; and the limitations on implementation and enforcement of laws addressing anti-cruelty, wildlife, marine mammal and other areas of animal protection and the impacts of free speech, religious expression, and other Constitutional provisions on animal protection statutes will be explored.

Antitrust 971 Law 411

A study of restraints of trade, mergers and monopolies. The central concern of the course is to analyze what laws are necessary to protect a system in which goods are allocated by competitive markets.

Banking & Financial-Services Regulation 1935 Law 327

The course covers the regulation of banks and other financial-services institutions. Specific topics include the definition of banking, the regulation of bank activities and capital structure, and the resolution of failed banks. The course also covers the financial crisis of 2007-2009, the resulting Dodd-Frank legislation, and international efforts to prevent future crises (such as the Basel III accords).

Bankruptcy Survey 1581 Law 306

This course will examine the federal Bankruptcy Code. Issues to be discussed include property of the estate, the automatic stay, claims, preferences, exemptions, priorities, and discharges. We will review these issues as they arise in liquidations under Chapter 7, corporate reorganizations under Chapter 11, and wage earner adjustments under Chapter 13. Students enrolling in this course can not also register for nor have taken Law 421 Business Bankruptcy, Law 406 Consumer Bankruptcy.

Bill of Rights Journal 836 Law 761

Preparation and editing of student notes for the William and Mary Bill of Rights Journal; and editing of professional articles. Limited to the board and staff members of the Journal.

Bioethics, Medical Ethics & the Law 1428 Law 481

This course will explore the manner in which the law affects ethical issues of national and individual health care as they impact the most acute questions of health care policy in the twenty-first century. Materials presented will cover emerging as well as developing issues relating to classic and contemporary constructs of ethical appraisal and analysis and their application to topics such as: legal and ethical issues of technical advancements in human reproduction, medical research involving human subjects, and organ harvesting and transplantation; definitions of death; accommodation of humanity in the dying process; and ethical considerations involving the administration and cost of health care to the totality of society. The course will be presented through traditional case and statutory material, integrated with analysis of prevailing and proposed medical, economic and ethical applications. Where appropriate, client oriented problems will be utilized to introduce legal practice reality into abstract issues of medical, legal and ethical principles.

Business Associations 1627 Law 320

An introductory examination of the law applicable to contemporary forms of business enterprise: the general partnership, the limited partnership, the limited liability partnership (LLP), the limited liability company (LLC), and the corporation. The course begins with an introduction to the principles of agency, which govern all these forms of enterprise. The course then explores the process of organization, formation and capitalization, limits on investors personal liability, and the role of fiduciary duties in different business contexts. We will then examine how these duties are enforced under state (and some federal) law. This course is a general introduction to the field. Students who take Business Associations may not take Corporations or Small Business Entities.

Campaign Finance 1778 Law 393

The purpose of this course is to examine the evolution of the Buckley v. Valeo framework used to resolve campaign finance cases. The ultimate goal is to give students a working knowledge of the likely application of this framework today based on its creation and historial use. This one credit course will be a survey of the constitutional issues surrounding modern campaign finance law. The course will track the changes in the First Amendment doctrine used by the Supreme Court as it has evolved from Buckley v. Valeo in 1976 through more recent developments in such cases as Citizens United v. Federal Election Commission. This survey will analyze the Court's approaches to the cases by discussing the framework created by the Buckley case and how it has affected jurisprudence in this area since this landmark case. Emphasis will be given to the standards of review utilized by the Court in subsequent cases, how the change in Court's makeup has affected Buckley's progeny. Finally, we will discuss whether the original framework created by the Buckley case is still viable. In that regard, we will discuss how developments in the 2008 election and other pending challenges to campaign finance laws may be analyzed by Court in the future.

This course will be a two day seminar that will be held at the school's Washington D.C. campus. The course will be held on two Saturdays. The class will be one credit and requires participation and attendance and a short paper.

Chief Justice Marshall & the Supreme Court, 1801-1835 1949 Law 655

This semester-long one credit seminar will examine the Supreme Court under Chief Justice John Marshall. During his long tenure, the Supreme Court emerged as an institution charged with expounding the Constitution and preserving the federal system. Particular attention will be given to Marshall's leadership of the Court: how he defined the office of chief justice and shaped the institution in ways that enabled it to become an essential pillar of constitutional government.

Civil Procedure 948 Law 102

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

Community Association Law 1912 Law 334

This class will cover the legal structure of covenants and servitudes organizing modern community associations. The number of community associations has increased exponentially over the last two decades as local governments have increasingly looked to the private sector to provide amenities and services historically provided by such governments. In addition, these entities have become more prominent as the development focus has been on higher density housing and mixed use developments which combine commercial and residential uses in integrated planned developments.

This course will consider the corporate and governance functions of community associations and the legal documents which provide the contractual framework for such governance. Coverage will include discussions of the respective roles and functions of the various parties involved in the formation, management and operation of Community Associations including local government and zoning officials, land planners, developers, investors, lenders, homeowners, boards of directors, property managers, homeowners committees and citizens groups. Class time will consist of a combination of lectures covering textbook materials and posted reading materials, discussion and consideration of posted problems corresponding to topics covered in class, role playing, and document drafting exercises.

Textbook: Wayne S. Hyatt and Susan F. French, Community Association Law, Cases and Materials on Common Interest Communities (2d ed. 2007)

Comparative Civil Procedure 1895 Law 559

This course will examine the major rules, practices, and modern developments of civil procedure used in legal systems around the globe. Study will focus on dominant legal systems, including the U.S., U.K., Continental Europe & East Asia. Anticipated coverage includes global comparison of the following issues: jurisdiction over the parties, organization of courts and the bar, pleading of facts and allegations, obtaining and proving facts, summary proceedings and provisional remedies, and appellate process. Reform efforts and prospects for the harmonization of procedure may also be covered. Grades will be based on class attendance, class participation and a substantial writing component.

Comparative Constitutional Law: US, European & Commonwealth Approaches to Human Rights Law 1951 Law 637

“Constitutional Convergence: US, European and Commonwealth approaches to human rights law"

The course examines similarities and differences in the constitutional adjudication of human rights controversies in selected jurisdictions. Through a series of case studies, the course seeks to illuminate two discrete fields:

(1) First, the "operational features" of rights-protecting constitutions and statutes in the selected jurisdictions. These include–

(a) the approach to judicial nullification of statutes (or, alternatively, reading them down or otherwise interpreting them in light of human rights, or declaring their inconsistency); (b) making the public–private distinction (attributing to acts of a non-state actor the character of “publicness” such that the actor bears the burden of observing rights); (c) rights horizontality (the extent to which private actors are controlled by constitutional norms in their dealings with each other) (d) pre-legislative means to prevent rights infringing laws being enacted

(2) Second, a comparative study of the substance of particular rights. These rights will be–

(a) freedom of expression, in the context of hate propaganda and offensive speech (b) freedom of religion, in the context of (i) its interface with anti-discrimination law (ii) religious symbolism in the public sphere and (iii) the question of making exceptions from general law to facilitate free exercise (c) liberty in the sense of personal autonomy

The comparative focus of the course is the jurisprudence of the US, Canada, the European Court of Human Rights, South Africa. Australia, NZ and certain Pacific states.

Comparative Corporate Governance 1904 Law 560

This short course will examine a range of corporate law governance issues from the comparative perspective illustrating the similarities and differences between approaches taken in the United States and in the European Union. Materials will include the OECD Code, NACD Agreed Principles, the EU Commission Action Plan, Sarbanes/Oxley legislation and EU Commission Recommendations. The subjects will range from director's remuneration, takeover regulation to transparency obligations. The course will examine corporate governance issues from both American and European points of view.

Comparative Law 1 1544 Law 380

This course introduces and compares sources of law, underlying values and goals, and applications of the major legal traditions of the world, including civil law, common law, Islamic law, Talmudic law, customary law, and Asian legal systems as they originally developed and as they are evolving and changing in the world today.

Course satisfies the Major Paper Requirement.

Complex Civil Litigation 786 Law 476

This course will focus on the problems and procedures inherent in complex civil litigation. Class actions and other forms of multiple forum cases will be examined. We will discuss complex discovery issues, including electronic discovery, and their possible resolutions. Both pretrial and trial management of complex cases by the court as well as counsel will be presented. We will explore the use of alternative dispute mechanisms and the effect of claim and issue preclusion by judgments in complex litigation.

Conflicts 39 Law 410

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

Congress and the Courts Seminar 2 1938 Law 648

This course will survey the various attacks on the federal judiciary, including the Court-packing plan, efforts to restrict federal jurisdiction, and recent attempts to limit judicial oversight of the government’s conduct in the “war on terror.” Those events will be contrasted with congressional efforts to empower the judiciary by expanding federal jurisdiction and increasing the number of judges. The course will draw on both legal and political science literature in examining these developments.

Constitution & the Family Seminar 1 1876 Law 569

The Supreme Court has in many ways "constitutionalized" the family--mandating application of select constitutional clauses in deciding many family law disputes. This seminar examines the development of the Court's jurisprudence and explores how (and whether) it implicates numerous contemporary issues, including: the extent to which certain family practices should escape state regulation; the constitutional status of marriage (including same-sex and polygamous marriage); limits on child-rearing and parental rights (including the parental rights of adults not biologically related to a child); and reproductive rights, including rights to alternative methods of reproduction and surrogacy. The seminar will also examine state policy-making responses to changing family structures and shifting constitutional doctrine.

Texts: There is no assigned casebook. Readings will include relevant Supreme Court opinions; secondary literature, including law review articles and book excerpts (e.g., addressing theoretical underpinnings of law, providing historical backdrop, and including biographical material); and some state statutory excerpts.

Requirements: The seminar requires that students attend and participate actively in class sessions. Students will also present to the class an original research paper of publishable quality. Students with more than one unexcused absence may be dropped from the course.

Prerequisites: The family law survey course is useful but not a prerequisite.

Grading Policy: Both the research paper and class participation contribute to the final grade for the course.

Constitution Making 1950 Law 624

This course concerns the theory and practice of constitution building, with particular reference to experience over the past 20 or 30 years. It will focus on four case studies – South Africa, Iraq, Kenya and Nepal - and through these examples, examine the full range of constitution building processes from their origins, through design choices, drafting, ratification, implementation and subsequent challenges to constitutionalism. Several questions about constitution making will run through the course including: Are there preconditions for successful constitution making? How do underlying differences in constitutional arrangements in different countries affect the substance and process of constitution-making? What is the impact of the internationalisation on the making and amendment of constitutions? How can the tension between the roles of the people, elites and experts be managed?

A short paper 10-13 pages in length is due two weeks, by email, following the completion of the class meetings.

Constitutional Law 753 Law 109

A study of the structure of government, from the role of the courts and the concept of judicial review, through the distribution of power in the federal system and the allocation of power among the three branches of the government, followed by a study of individual rights protected by the Constitution.

Constitutional Literacy 1857 Law 709

The class explores the U.S. Constitution’s application to public campuses and prepares law students to teach local high school students about civics through discussion of the U.S. Constitution and the Bill of Rights. The class meets twice a week; it meets once at the law school and once at Warhill High School. During the law school class, law students will be required to take a stance on constitutional issues as applied to public campuses, speak and think on their feet, attempt to reconcile competing interests, and prepare to teach the weekly class at Warhill. During the class at Warhill, the law student teachers will afford high school students the tools they need to be engaged participants in our republican form of government, thus honoring William & Mary's rich tradition of training aspiring lawyers to be "public citizens". Grading for this course will be on a pass-fail basis. Enrollment is limited to 15 students.

Consumer Law 2 41 Law 471

Coverage of some federal statutory and regulatory laws affecting consumer financing transactions. Included are the Truth in Lending Act, Fair Debt Collection Practices Act, and Federal Trade Commission regulations on [1] elimination of the HDC doctrine on financing of sales of personal property, and [2] certain credit practices in consumer loans.

Paper or Final Examinations are options, and papers can be written to satisfy the law school writing requirement.

Contracts 1719 Law 110

 This course explores legally enforceable promises, normally exchanged as part of a bargain between private parties. Among the topics that may be covered are: bases of enforcement, capacity to contract, contract formation, interpretation, conditions, excuse of performance, and remedies for breach.

Copyright Law 1414 Law 465

A study of the Copyright Act, with coverage of the subject matter of copyright, copyright ownership and transfers, the nature of copyright rights, copyright infringement, remedies, and First Amendment considerations.

Copyright Litigation Law Seminar 1618 Law 567

This course will explore current issues involved in litigating copyright disputes. The class will cover a range of topics including originality questions, derivative works, technology, special music copying concerns, infringement actions, fair use, remedies, and First Amendment considerations. Required text will be Nimmer, et al, Cases and Materials on Copyright (Lexis, 6th edition), and the most recent supplement.

Class meetings will comprise two parts, the first part will be a discussion led by students on the assigned materials. Each student will prepare 2-3 presentations. The second part will be professor led discussion.

The grade for this class will be based 50% for presentations and class participation and 50% for a paper due at the end of the final examination period. The paper (approximately 20-25 pages doubled spaced) can be on any subject area covered in the course and the student is free to consider alternative formats for the writing (e.g. client opinion letter, appellate brief, motion, judicial opinion, model statute with commentary, essay).

To receive credit for this course, each student must attend the first two meeting and at least a total of 8 of the 10 class sessions involving student presentations.

Corporate Finance 974 Law 437

A study of economic and legal issues in financing decisions of publicly held corporations, including valuation of the enterprise and its securities, determination of the securities structure, dividend and investment policy, and mergers.

This course is not available to students with or pursuing MBA or with graduate work in finance.

Corporate Governance and the Public Corporation Seminar 1 1022 Law 527

This seminar explores current topics in the field of corporate governance, drawing on business and finance sources, as well as traditional legal materials. The class will delve into corporate theory, the increasing activism of boards of directors, the emerging powers of institutional shareholders, the changing balance between shareholders, board, and management, and the impact of the courts in encouraging competitive business enterprises. There will be a field trip. Satisfies the Writing Requirement.

Corporate Tax 1570 Law 438

A general introduction to the federal income taxation of corporations and their shareholders. This course is designed for students intending to pursue either a general business practice or a tax practice . Topics covered will include tax classification of business entities, incorporation and capital structure, taxable and nontaxable dividends, stock redemptions, corporate liquidations, and non-acquisitive corporate reorganizations and "S corporations". Prerequisite: 311 Federal Income Tax. Recommended: 303 Corporations or 320 Business Associations.

Corporations 1478 Law 303

An introductory examination of the law applicable to corporations. This course examines the process of formation and capitalization of corporations, the concept of limited liability, and the role of fiduciary duties in corporate governance. We will examine how these duties are enforced in different settings (public corporations and close corporations); under state and federal law; and some other recurring litigation and planning issues. Students who take Corporations may not take Business Associations.

Criminal Law 952 Law 101

An intensive study of the basic doctrines underlying the criminal law, including actus reus and mens rea; the principal substantive and inchoate crimes; the accountability for the criminal acts of others; and the general defenses to criminal liability.

Criminal Litigation Externship 1831 Law 757

1-3 credits summer/fall/spring Students earn academic credit by working for public defenders and prosecutors. Placements with U.S. Attorney offices are covered by the separate U.S. Attorney Externship. See the Externship Manual and each semester’s syllabus for details.

Criminal Procedure I 46 Law 401

An in-depth study of the Fourth, Fifth and Sixth Amendments to the Constitution including criminal procedure. Considered are general due process concepts; the right to counsel; arrest, search and seizure; police interrogation and confessions; identification procedures; and the scope and administration of the exclusionary rules.

Criminal Procedure II 47 Law 402

A study of the constitutional and non-constitutional procedural components of the criminal process. Included are discretionary aspects of the decision to charge; the preliminary hearing; pre-trial release; grand jury proceedings; venue; jury selection; trial procedures; sentencing; double jeopardy; appeals, and post-conviction proceedings. Criminal Procedure I is not a prerequisite.

Criminal Procedure Survey 794 Law 403

A survey of all of the major elements of the trial of a criminal case including search and seizure, interrogation, identification procedures, the right to counsel, arrest and prosecution, preliminary hearings, grand juries, jury selection, trial procedure and sentencing. The course will address all of the major issues covered by Criminal Procedure I and II but will do so in less depth. Students who take Criminal Procedure Survey may not take either Criminal Procedure I or Criminal Procedure II for credit.

Cultural Property Law: Artifacts and Stolen Heritage Seminar 2 1661 Law 670

Interpol has estimated that stolen art and antiquities is the third largest illegal market, behind drugs and the arms trade. This two credit seminar will examine the legal framework for the protection of cultural property both internationally and in the United States, with emphasis given to the illicit international trade in art and antiquities and the repatriation of cultural objects. The course will examine classic controversies, such as the rightful ownership of the Elgin Marbles, while likewise considering more recent events such as the looting of museums in Iraq. The seminar will also survey American cultural property protections and examine their broader ethical and policy implications. Seminar, if taken for 3 credits, may satisfy the writing requirement.

Class is 2 or 3 credits. Students enrolling for 3 credits will write a substantial paper that will meet the Writin Requirement.

Death Penalty Seminar 2 1577 Law 630

This course will explore the history, constitutional rules and implementation of the death penalty in the United States with emphasis on the post Furman era. We will examine the special requirements for a capital trial including the selection of a "death qualified " jury, use of aggravating and mitigating evidence in the punishment phase of the trial, and the right to effective counsel. Arguments by proponents and opponents of the death penalty will be discussed. Students will write a research paper on an instructor approved topic and make presentations to the class.

Depositions 1762 Law 734

This course will address how to take effective pretrial depositions. Students will learn to identify what is needed to know for the case and then how to elicit the information from the witness that will be useful for pretrial motions, cross examination and examination. Most trial lawyers spend much time taking pretrial depositions, this course will teach effective methods of doing so.

This is a pass/fail course.

Priority registration given to Trial Team members. Prerequisite: Trial Ad or Legal Skills IV.

Directed Reading 795 Law 703

An examination of a specialized subject that generally is not offered as a course within our curriculum on a regular basis. This course is arranged between an individual student or group of students (maximum, 5) through readings selected in agreement by the directing faculty member and students. Prior approval by the Vice Dean is required. Students are limited to one Directed Reading credit per year. Graded on a pass/fail basis.

Disability Human Rights Seminar 1520 Law 599

Disability Human Rights This mini-course will examine the current and future status of disability rights around the globe. Beginning with the first human rights treaty of the twenty-first century—the United Nations Convention on the Rights of Persons with Disabilities, whose negotiation the instructor participated in—we will study how disability rights are conceived and developed around the world. In so doing, we will consider several countries where the instructor is advising governments on drafting or revising their laws (e.g., Vietnam), as well as conducting hands-on human rights training with disabled persons organizations (for example, Bangladesh). We also will look at a few specific disabilities (such as Deafness) as a way of identifying themes that cross boundaries and cultures.

Students are required to write a 12 page double spaced light research paper. All materials will be distributed via blackboard.

Disability Law 977 Law 490

This course emphasizes both how the law defines a "disability" and how specific laws address both intentional and unintentional discrimination against people with disabilities in the areas of employment, education, and public access. The course will focus on statutory and common law but will also introduce extralegal texts to provide a broader perspective for discussing these issues.

Discovery - Pretrial 1761 Law 733

Students taking this course will be taught how to learn about the opposing counsel's case; what interrogatories to file; what "request for productions" to file; how to use "request for admission;" when to object to opposing counsel's tactics; where to look for facts and theories. The course will address state and federal court rules of pretrial procedure and how to use the rules and available procedure to your client's best advantage.

This is a pass/fail course.

Priority registration given to Trial Team members. Prerequisite: Trial Ad or Legal Skills IV.

Domestic Violence Clinic 827 Law 745

This clinic provides practical experience in and examination of domestic violence, its impact on victims and families, and the applicable law. Students will learn the effects of domestic violence and, under supervision, learn to interview, provide advice and counsel to, and provide court representation of clients in domestic abuse cases, when available. In addition to meetings with the managing attorney, there is a one and a half hour classroom meeting per week, or a brief research/writing assignment. Class meetings will focus both on current practice experiences of the students and readings and discussions of domestic violence law. Third-Year practice required. Enrollment limited to six students.

Drafting for Corporate & Finance Lawyers Seminar 1433 Law 525

This is a seminar addressing the challenges of drafting to facilitate corporate transactions and meet public company disclosure obligations. This course will focus on understanding and manipulating standard agreement forms such as a stock purchase agreement, an asset purchase agreement, a merger agreement and related ancillary agreements. The course also will address some of the intricacies of drafting securities laws disclosure. Prerequisite: Law 303 Corporations or Law 320 Business Associations.

Dunn Civil Liberties Workshop 1944 Law 710

This workshop will provide law students an opportunity to hear from leading academics, practitioners, and government officials about civil liberties issues. There will be six sessions over the course of the semester, roughly one every other week. The focus of the 2011-12 academic year workshop will be law and religion. Students will need to attend all sessions and write 5 two to three page pass-fail memos about materials (sometimes draft articles, sometimes briefs, sometimes agency regulations and related commentary). Speakers for this workshop include academics (Rick Garnett (Notre Dame Law) Steve Teles (John Hopkins), and Chip Lupu (George Washington Law)); government officials (Chai Feldblum (EEOC Commisioner, on leave from Georgetown Law); and academic practitoners (Doug Laycock, U Va Law; Marci Hamilton, Cardozo Law--each of whom has argued before the U.S. Supreme Court). Workshop dates are Jan 19, Jan 26, Feb 2, Feb 16, March 1, March 22, April 19.

Economic Analysis of Law 978 Law 454

A study of the many applications of economic reasoning to problems of law and public policy including economic regulation of business; antitrust enforcement; and more basic areas such as property rights, tort and contract law and remedies, and civil or criminal procedures. No particular background in economics is required; relevant economic concepts will be developed through analysis of various legal applications.

Economic Regulation of Business Seminar 1014 Law 526

A study of government economic regulation and deregulation in such industries as electric power, natural gas, telephone, banking and insurance, with emphasis on control of entry and rates, and on the interface between regulation and the antitrust laws.

Education Law 1754 Law 362

An examination of school law by use, in part, of the case study approach. Legal foundations of public and non-public schools are studied with consideration given to the Virginia School code. Basic legal principles and guidelines for assisting teachers, administrators, and professional support personnel are developed.

Cross listed with the School of Education.

Elder Law Clinic 1984 Law 784

The Elder Law Clinic will help second- and third-year students to understand the substantive legal issues affecting the elderly. The experience will also help to improve the students’ interviewing, counseling, research, writing and advocacy skills as they advance their client’s interests. Students will gain an appreciation of the potential for abuse of the elderly in today’s society, and identify and mange professional ethical issues encountered by attorneys representing this population. They will hone the acquired knowledge and skills by presenting public seminars on issues important to the elderly community. Students in the ELC will provide assistance and advocacy in matters involving competency, nursing home issues, and Medicare, Medicaid, Social Security and other public benefit programs, including non-service related pension and related benefits from the VA. Under the supervision of the ELC’s managing attorney, the free legal services the students will provide will also include the drafting of powers of attorney, advance medical directives and living wills, simple estate planning, creation of guardianships and conservatorships, and estate recovery issues. These activities will engage ELC students in the factual and legal investigation required of an attorney, and will teach the students client relations skills required to serve the elderly population. Preparing the documents required in the practice of elder law and advocating for their clients will also allow students experience in navigating the often complicated family relationships that are impacted when achieving the elderly client’s goals. Students will also gain skills in working with state and local agencies on elder law issues, and in preparing themselves and their clients for legal and administrative hearings. The clinic will be a one-semester, 3 credit graded course. Students will be graded on the quality of their work in educating the elderly, representing clients and handling cases, their ability to work collaboratively with other students in the clinic, and their written case studies and plans. Students will be required to attend regular class sessions, and to work on clinic cases and assist clinic operations for 8 hours each week, including case rounds and meetings with the supervising attorney. There will be a mandatory 6-hour session on either the first Friday or first Saturday of the semester, depending on what works best for students and instructor at the time.

Election Administration & the Law 1867 Law 391

This course will examine the basics of election administration with a particular focus on the system in place in the Commonwealth of Virginia. Topics include (1) a quick history of election reform 2000-2008, (2) an overview of the administration of elections, including a consideration of the distribution of power, responsibility and authority over elections between the federal, state and local governments; and (3) questions of eligibility to vote, such as voter registration, voter identification, and provisional voting. While the class will also touch on issues relating to voting technology and post-election procedures and litigation (including audits, recounts and contests), it will do so only generally and in relation to Virginia's place in the overall national system.

Election Law 1552 Law 398

This course will examine the laws that govern the political process in the United States. Topics will include the right to vote, political representation, election administration, political parties, ballot initiatives, and campaign finance. The goal of the course is to provide students with a solid foundation in the basic principles of election law in this country.

Electronic Discovery and Data Seizures 1623 Law 310

This course addresses the legal and practical issues inherent in conducting electronc discovery in civil cases, especially under the Federal Rules of Civil Procedure, as well as the law of electroinic data search and seizure under the Fourth Amendment and Federal Rules of Criminal Procedure.

Employee Benefits 1697 Law 315

The course is an introduction to the federal regulation of employee benefits (including retirement benefits, medical coverage, disability, and severance). The course introduces students to the rights that employees have under the federal statute ERISA. It covers topics such as vesting of benefits, preemption of state law, fiduciary duties, enforcement, and remedies. This course is particularly appropriate for students interested in a labor, employment, or health-care practice.

Employment Discrimination 1818 Law 452

This course introduces the laws prohibiting discrimination in employment because of race, national origin, sex, religion, age, and disabilities. In particular, the course emphasizes federal statutory protections provided by Title VII of the 1964 Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. Students will have opportunities to grapple with the theories at work in employment discrimination law, to trace the evolving judicial interpretations of the anti-discrimination statutes, and to learn practical skills at dealing with the special problems inherent in the litigation of employment discrimination cases.

Employment Law 979 Law 456

This course will address the basic common law and contemporary statutes governing the employment relationship, with an emphasis on their practical application in today's private-sector workplace. Topics to be addressed will include establishment of the employment relationship, wage and hour regulation, conditions of employment, discharge and termination, and non-competition and other post-employment obligations. This course will not address traditional labor law nor will it cover issues unique to public-sector employment. Neither will it significantly overlap the LAW 452 Employment Discrimination course." The grade will be based on two memo assignments involving research (3-5 pp each) and class participation.

Entertainment Law 980 Law 459

This course will provide an in-depth study of the components of transactions in the entertainment industry, including record deals, music publishing, book deals, film deals, television, talent representation by attorneys and managers, merchandising, licensing, and multi-media.

Entertainment Law Litigation 797 Law 457

This class will explore five major areas of litigation law (as opposed as to transactional questions) as they relate to the entertainment industry. We will spend time on the protection of ideas through contract and property theories, defamation, various rights of privacy, the right of publicity, and the First Amendment considerations overlaying several of these areas. Law 459 Entertainment Law is not a prerequisite.

Entrepreneurship: Business & Legal Problems 1802 Law 324

The Mason School of Business and the Marshall-Wythe School of Law will offer this course jointly. It is designed to familiarize 1) MBA students with the bodies of law and legal issues faced in a start-up, or smaller business enterprise and in the financing of an enterprise; and 2) to familiarize law students with the kinds of legal and business issues business executives face. Both business and law students will gain a hands-on understanding of how business executives and lawyers can work together to deal efficiently and effectively with matters inextricably part business and part legal.

The course will have as its operational context the development and implementation of an actual business situation which will include a business plan. Students will be divided into teams with each team having a legal component (in-house counsel) and a business component (executive team). The executive team will be primarily responsible for developing and implementing the business aspects of the enterprise, while in-house counsel will be responsible for raising and solving associated legal issues and implementing the necessary legal structures and agreements. The teams will be required to work together as they would be in any business to develop and implement the business plan and to bring the specified business case to commercial viability. In-house counsel will be paid (graded) in part by the executive team and executive team performance will be assessed (graded) in part by in-house counsel.

There will be a professor from each School with overall responsibility for the course and for the respective groups of students. Individual class sessions will usually involve other professors from the respective schools and outside resources as well. The class meetings will alternate weekly between the Mason School and Marshall-Wythe. The course will use two texts: The Entrepreneurial Venture, 2nd Edition and The Entrepreneur's Guide to Business Law, 2nd Edition.

Environmental Law 981 Law 424

A study of the nature and causes of environmental pollution and of the main legal techniques for its control. The course will consider the common law, the environmental impact assessment process (e.g., the National Environmental Policy Act), and the basic regulatory framework for air, water and solid and hazardous waste control (the Federal Clean Air Act, Clean Water Act and Resource Conservation and Recovery Act), with attention given under each statute to the basic regulatory framework and the main policy issues presented by it.

Other topics will include the role of the federal courts in reviewing agency action, new developments in federal administrative law (including current efforts at administrative law reform), natural resource management and allocation issues involved in the division of scarce resources (e.g., air and water) among competing users, toxic and hazardous substance regulation, and enforcement of environmental laws.

Environmental Policy Making 1711 Law 345

This course is offered by the Public Policy Program as PUBP 600 02 and offers limited enrollment to law students. Law students must receive professor permission to enroll. The course will explore policy making for environmental problems and will focus on issues that are local, national, and international. We will primarily focus on national environmental policy, and how that policy is implemented at a local and regional level. Issues we will explore will include water pollution policy and land-use in the Bay, U.S. Marine Mammal Policy, and U.S. Pollution Policy. For each of these issues, we will examine the U.S. laws and regulations as well as each agency's approach for quantitatively assessing the benefits and costs of environmental policy.

Estate Planning and Elder Law 1698 Law 312

 This course examines the issues involved in crafting comprehensive plans for the management of financial and medical affairs for diverse clients, with significant attention given to the particular needs of seniors. The course will be taught in two simultaneous tracks: one class each week will focus on the applicable law, and the second class, on its practical application to the analysis of client situations, practice issues and the preparation of appropriate documents. Case studies will progress from basic planning considerations to the more complex issues involved in planning for blended families, minors, the disabled, and the elderly, including incapacity, guardianship, long term care and Medicaid issues; the consequences of the failure to plan or poor planning; and alternate courses of action both in and out of the courtroom. Classes will include simulated client conferences, discussion of ethical issues, and practical exercises to familiarize students with interview and issue identification skills. Course limited to fifteen students. Prerequisite or corequisite: Trusts & Estates.

European Criminal Law 1567 Law 381

The course title is in itself a provocative idea since, strictly speaking, European Criminal Law does not exist. Starting from this challenging premise, the course will be developed in two parts. The introductory part will provide a general background on EU law to familiarize students with the new European legal order. The second, and substantially more important, part of the course will focus on the development of criminal justice at a European level. Strong emphasis will be drawn on the European Convention of Human Rights and its case law, the role of the Council of Europe and the detailed functioning of the European Cooperation in Criminal and Judicial matters (the so-called third pillar of the European Union). The main goal of this class is to allow students to appreciate the differences between the European Community and the intergovernmental level of governance in criminal matters. Students will gain from the course an understanding of the historical development of this field as well as an appreciation of the impact of the "third pillar" on national criminal law of the current Member States of the EU.

European Union Law 1543 Law 436

The European Union (EU) now encompasses 27 European nations and will soon add several other members. Its population is considerably greater than that of the US. Legal and commercial interaction between Europe and US is quickly creating a transatlantic legal and business culture. Therefore, knowledge of the EU has become essential to US lawyers in a wide range of domestic as well as international practices. This course is a survey of the EU's governmental structure and basic legal principles. It is roughly divided into two parts. The first half of the semester covers the legal regime which guarantees the "Four Freedoms" upon which EU substantive law is founded: free movement of goods, workers, capital and services. The second half addresses the EU institutions, especially its judiciary. The grade will be based on a final examination and class participation.

Evidence 53 Law 309

An intensive study of the law of evidence primarily utilizing the Federal Rules of Evidence. Topics addressed by the course include relevance, authentication, real evidence, competence, hearsay, impeachment of witnesses, and privileges.

Family Law 1563 Law 416

This course covers requisites for marriage, pre-nuptials, paternity, property management during marriage, spousal abuse, parental child rearing rights, grounds for divorce, property distribution upon divorce, consequences of cohabitation prior to marriage, alimony, child support, and child custody and visitation.

Family Wealth Transactions 984 Law 469

A study of the tax and non-tax rules applicable to wealth transfers. The course will emphasize planning for intra-family transfers. It will also cover "living" will, durable powers of attorney, and special problems associated with disability. The student will be required to synthesize federal gift, estate and generation skipping transfers with state property, decedent's estate and trust law considerations. Prerequisites or co-requisites: 311 Federal Income Tax and 305 Trusts and Estates.

Federal Courts 985 Law 415

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

Federal Government Externship 1832 Law 758

1-3 credits summer/fall/spring Students earn academic credit by working for federal agencies other than federal public defenders (which are covered by the Criminal Litigation Externship) and U.S. Attorney offices (which are covered by the U.S. Attorney Externship). See the Externship Manual and each semester’s syllabus for details.

Federal Income Taxation 986 Law 311

A study of the basic laws relating to federal income taxation of the individual. Included are problems relating to computing gross income, the reduction of gross income to taxable income, and the recognition and character of gains and losses from disposition of property.

Federal Tax Clinic 840 Law 743

This clinic consists of two components: a seminar about federal tax practice and procedure and a practicum in which students will assist in the representation of low income Virginia taxpayers before the IRS and in U.S. Tax Court cases. The seminar will include a detailed and systematic exploration of federal tax practice. Students will be instructed in: interview techniques, client relations, case evaluation, settlement, negotiation, and trial techniques and strategies. Ethical issues will be discussed. The course is limited to 5 third-year students. Third-Year Practice is required.

Federalist Papers Seminar 1016 Law 563

A seminar which examines the prevailing arguments of Hamilton, Madison and Jay for adoption of the Constitution by the States. The course will set the arguments in the conditions which existed at the time, and, without attempting to intrude upon a course in Constitutional law, will refer various arguments in "The Federalist" to parts of the Constitution. It will seek to justify the judgment of Chancellor Kent, that no constitution of government ever received a more masterly and successful vindication.

First Amendment 1919 Law 400

This 3-credit course will examine in depth the First Amendment's guarantees of freedom of speech, press, and association. We will discuss First Amendment theories or justifications; the regulation of various categories of expression including incitement to unlawful action, threats, libel, child pornography, commercial speech, and obscenity; and content-neutral restrictions including limits on symbolic conduct (e.g., draft card burning, flag desecration, and nude dancing). The course will cover application of the First Amendment to government while acting in special capacities, including employer, educator, landlord, subsidizer / speaker, regulator of the airwaves, regulator of the Bar, controller of the military, prison warden, and regulator of immigration. The course will also cover certain ancillary First Amendment rights, including the right not to speak and the right of expressive association. Finally, we will examine the "press" and newsgathering rights.

Foundations of the Common Law 2 1757 Law 645

This seminar will study the foundations of the common law, with a special emphasis on the law of torts and the law of contracts. We will examine both the historical foundations of the common law (How did we get this law?) and its normative foundations (Is this law justified?). Readings for the class will include a mixture of cases, historical materials, and classic and contemporary articles on tort and contract law. We will examine normative arguments based on both economics and moral philosophy. Each student will produce a final paper, and the grade will be based on the paper and class participation. At some point during the semester, refreshments will be served.

Fourth Amendment Theory and Practice 1709 Law 361

Students will examine both current Fourth Amendment theories and local and state government practices that implicate the Fourth Amendment. They will draft a policy for a local government about a topic covered in the readings and will write a supporting concept paper, one that requires students to explain the policy they drafted by discussing cases and articles on the specific topic. The specific Fourth Amendment topics for consideration will depend on what are the cutting-edge issues in Fourth Amendment litigation, such as student searches in public schools, the government's drug-testing and gathering of DNA samples, business inspections, and investigative and DUI roadblocks. Students will be graded on their class participation and their policy and supporting concept paper.

Fundamentals of Environmental Science for Policy Makers 1764 Law 346

This course is intended primarily for students in Law, Public Policy and related disciplines. It is cross-listed with PUBP 600 01. It is designed to introduce the students to the science of natural systems and ecological processes. Through readings, lectures and discussion, the first half of the course examines the current state of our understanding in terms that will give the student confidence and the facility to critically assess theories and observations in environmental science. With this as a foundation, the second half of the course begins with an instructor led discussion of the enhanced greenhouse effect followed by student led discussions of other major case examples such as coastal eutrophication, biodiversity loss, water resources, sea level rise, environmental contamination, land use trends, and invasive species impacts. Student expectations include mid-term and final exams, and the development of a case study presentation extending over two class periods.

Gender and Human Rights Seminar 2 1813 Law 607

 This course studies and critically assesses the role of international human rights law in bringing about social change. The course uses gender, specifically the treatment and status of women, as a lens for exploring this issue. The course begins with theories on state behavior, which will provide a foundation for exploring the role of law in changing state practices. Topics to be explored will include international trafficking of women, gender and citizenship, women's political participation, the regulation of gender issues by customary law in plural legal systems, women's access to land, violence against women, and gender mainstreaming in national policy development. Through study of these specific topics, students will examine the potential and limits of law as a mechanism for bringing about particular substantive changes within a society or organization.

Preferred Course: Public International Law, Human Rights Law

General Mediation 803 Law 722

This course is designed for students who are interested in learning how to effectively incorporate mediation theory into practice. Through lecture, discussion, video simulations, exercises and role-plays, you will learn the theories and techniques underlying all phases of the facilitative mediation model of mediation including: convening and preparing for mediation, opening the mediation session, defining the issues, facilitating communication and interest-based negotiation, creative problem-solving, and reaching settlement or closure. Particular emphasis will be placed on skills essential to effective mediation, such as active listening, formulating questions, reframing, developing rapport, using language effectively, and non-verbal communication. In addition, we will examine legal, ethical, and policy issues that arise in the mediation context.

This is a 3 credit, graded course.

Government Contracts Seminar 78 Law 546

This course will examine the processes by which the federal government awards and administers contracts ranging from acquisitions of multi-billion dollar weapons systems and large public works contracts, to routine purchases of office equipment and supplies. Discussions will focus on how federal contracting differs from contracting under state law, and address special topics unique to government contracting, such as procurement ethics, socioeconomic considerations, bid protests, changes, contract disputes and litigation, fiscal law requirements, and terminations.

Health Law & Policy 2 1421 Law 458

This course will provide an introduction to some of the issues that lawyers face in the diverse practice area known as "health law." The course will cover topics such as health care regulation and financing, health insurance regulation, legal and ethical issues around reproduction and dying, and duties and responsibilities in the patient-provider relationship. Class discussion will frequently focus on problems where students will be asked to act as lawyers who advise clients on options for how to proceed, weighing legal and non-legal factors. The course will involve some transactional work and counseling, as well as assessment of the risks of liability and a bit of policy discussion. The grade will be based on class participation and either (1) two memos involving research or (2) one research paper, which would satisfy the writing requirement. Students may choose which option they prefer. The top student papers will be featured in a symposium as part of the Benjamin Rush program. Regardless of the option, students will be subject to the usual curve for classes over 30 students (assuming more than 30 in the class total). There will be no final exam or laptops.

Human Rights Law 1573 Law 382

This course will cover fundamental international human rights law. It will address the sources of international law, United Nations human rights instruments, domestic jurisdiction, organizations for enforcement for human rights law, non-governmental organizations that promote human rights enforcement, and current issues in human rights law.

Human Rights Law Seminar 1 822 Law 580

This course will cover fundamental international human rights law. It will address the sources of international law, United Nations human rights instruments, domestic jurisdiction, organizations for enforcement for human rights law, non-governmental organizations that promote human rights enforcement, and current issues in human rights law. Does not satisfy the Writing Requirement.

Immigration and Citizenship 1435 Law 485

This course will examine federal immigration law and policy. Topics include citizenship, admissions, deportation, an introduction to refugee law, and the role of the courts in reviewing the actions of executive officials. We will examine the history of immigration to the United States, the constitutional rights of non citizens, the federal agencies that administer the immigration and citizenship laws, undocumented immigration, and the balance between national security and openness to non citizens.

Independent Legal Research 804 Law 704

This course requires the completion of a scholarly paper on a subject selected by the student, under the supervision of a faculty member. Does not satisfy the Writing Requirement.

Independent Legal Research -- Moot Court 1438 Law 704

Members of the William & Mary Moot Court team may earn one credit for writing the tournament brief in the semester in which they compete. Students do not earn credit for competing in tournaments. This is a pass/fail course.

Independent Legal Research: Legislative Process 1879 Law 704

A graded 2-credit course consisting of an enhanced internship experience in Richmond with placement either in the legislative or executive branch; scheduled interactive discussions with senior state government officials; and a 10-12 page relevant, independent research paper.

Independent Legal Writing 1 989 Law 705

This course requires the completion of a significant research paper on a topic selected by the student, under the supervision of a faculty member. Students may enroll in this course for credit no more than twice and this course satisfies the Writing Requirement.

An important goal of the major paper requirement is to improve students' writing skills. Faculty supervisors should communicate this goal to students at the beginning of the process and reinforce it throughout the paper-writing process, especially after submission of the first draft. Papers that satisfy the major paper requirement should evolve through four major stages, each of which should occur in consultation with the supervising faculty member:

   1. Topic Development: The student should produce a succinct, coherent topic statement that sets out the thesis of the proposed paper.
   2. Outline: The student should produce a reasonably comprehensive outline of the paper, including a statement of the basic steps in the argument, the major sources used, and a tentative conclusion or a comparable writing.
   3. First Draft: The student should produce a first draft of the paper in time for the supervising faculty member to make comments and for the student to respond to those comments in the form of a second draft. Normally the first draft should be submitted to the supervising faculty member by the end of the 10th week of classes.
   4. Final Draft: The student should turn in the final draft of the paper by noon on the last day of exams for the semester, or as otherwise designated by the professor.

Influence of Legal Profession on Legislative & Judicial Process 2 1849 Law 561

George Wythe was the "Father" of the William & Mary Law School. He was an extraordinary lawyer who served in all three branches of Virginia's government. Wythe's curriculum insisted his students actively participate in mock legislative sessions which dealt with the substantive and procedural aspects of important legislation pending before the Virginia General Assembly. Wythe understood the inevitable and critical interplay between the legal profession, politics and public policy. History suggests the legal profession has disproportionately impacted legislative outcomes. Our focus this semester will be to examine how this principle remains a truism in the 21st century.

In 2007, the Virginia General Assembly passed the highly controversial "Omnibus Transportation Bill" that was dramatically impacted by the legal profession at every conceivable stage; and ultimately declared unconstitutional by the Virginia Supreme Court. This course will use this bill as a framework to more broadly examine the legal profession's influence on both the substantive and procedural history of legislation. Active student participation will be expected as we analyze, dissect and advocate as appellants and appellees the constitutional merits of this legislation, offering individually, student drafted amendments to cure any constitutional infirmities.

Innocence Project Clinic 1795 Law 747

Students in the Innocence Project Clinic will have the opportunity to participate in the legal investigation and research of inmate claims of actual innocence. Using primary sources including police and forensic reports, court pleadings, transcripts, appellate briefs and opinions, students will research and prepare written summaries of the cases referred to the Clinic by the Mid-Atlantic Innocence Project (MAIP). Student analysis of cases will also be used as a basis for MAIP to determine which cases to undertake.

Students will have the opportunity to conduct interviews of inmates and possible witnesses, as well as other preparatory case work with private investigators, forensics experts and attorneys. Students may have the opportunity to provide assistance to lawyers handling the representation of MAIP clients. The Clinic's focus will include DNA evidence, investigative activities, and post-conviction remedies and procedures, with in-class simulations. The Clinic is limited to 6 students each semester and is limited to third-year students eligible for Third-year Practice.

Insurance 990 Law 408

This course will survey the fundamental legal principles governing selected kinds of insurance including: automobile, fire and property (homeowners), liability, life, health, and disability. Among the topics examined will be the formation and operation of the insurance contract, coverage and exclusions, insurable interest, the claims process and subrogation. A practical approach will be featured, placing students in the roles of attorneys for the insurer, insured and third party claimant as issues are discussed.

Intellectual Property 806 Law 448

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

International Business Transactions 1159 Law 496

This course analyzes the international law, United States law, and selected foreign law issues regarding doing business abroad. The course is conceptually organized into three primary areas: international sales, international licensing of intellectual property, and foreign direct investment. We will examine particular sub-issues related to and arising out of these three primary areas of focus. The course is taught with a particular emphasis on planning and structuring an international business transaction, using actual contracts for purposes of illustration.

The course emhasizes a transactional (not litigation) approach to the practice of law, that is, advising clients, planning and structuring a transaction, drafting contracts. Because this is an internationally oriented class, transactions studied will be those that involve issues that cross national boundaries (ie buyer and seller, licensor and licensee are in different countries).

Students who have taken IBT in the Madrid Summer Program are not prohibited from taking this course.

International Criminal Law 1671 Law 385

This course examines the emergence of international criminal law during the last century and assesses the desirability and efficacy of international criminal prosecutions as a response to large-scale violence. The course traces the development of international criminal law, focusing primary attention on events taking place since the Nuremburg and Tokyo Tribunals, and concentrating in particular on the work of the international criminal tribunals for the former Yugoslavia, Rwanda, Sierra Leone, and East Timor, as well as the International Criminal Court.

The course traces the substantive development of international criminal law through an examination of the core international crimes over which these bodies have jurisdiction: genocide, crimes against humanity, war crimes, and aggression. The course will likewise trace the development of international criminal procedure, a unique body of law that blends features of adversarial and non-adversarial criminal justice systems in an effort to meet the challenges of prosecuting large-scale crimes that can span many years, many miles, and feature many thousands of victims.

Finally, the course will examine the political context in which the prosecution of international crimes takes place. It will consider the effect of such prosecutions on peace negotiations and the desirability of international prosecutions in comparison with other responses to mass atrocities, including domestic and transnational criminal prosecutions, truth commissions, lustration efforts, and reparations schemes.

Completion of Public International Law is desirable though not compulsory.

International Election Principles 1866 Law 381

The purpose of this course is to examine international election standards based on the rule of law. The ultimate goal is to establish knowledgeable, predictable, rule-based decision-making that limits the power entrusted to government officials, while concurrently encouraging the widest development of democratic systems. The course will cover each step in the electoral process: (1) recognition of political parties and which candidates will be qualified to stand for election; (2) voter registration including registration, maintenance of lists, grounds for suspension and reinstatement; (3) absentee ballots, if they are to be used, as well as the procedures for their issuance and as to their counting;(4) early voting and remote voting if it is accepted as a means of increasing participation; (5) ballots, ballots design, machinery, pre-vote verification, the observation of that process so that it is transparent, ballot collection, computerized and other mechanical voting systems, ballot audits, physical security, and the availability of election day remedies; (6) verification of who is, and is not, a voter; (7) the conduct of the election itself, including how officials are trained and qualified; (8) the process for recounts; (9) the process for challenges and contests; and, (10) administration and supervision applying objective standards. Each of these steps will involve the class in a discussion of the development of concrete standards for the international community to apply in the election process.

International Organizations Seminar 1716 Law 516

The course aims to provide a comprehensive analysis of the legal status of international organizations and associated persons (as well as their privileges and immunities) and the conditions under which and the procedures by which states and other entities acquire membership of these international bodies, including the United Nations. The course also considers the functions and activities of international organizations, paying particular attention to how decision-making within these organizations are shaped not only by legal principles and interpretations of the UN Charter but also by non-legal considerations including policy and politics. An important aim of the course therefore is to highlight the tension between law and politics that frequently arises in the process of decision-making in the UN system and its constituent organizations. The course also examines the structure, jurisdiction and functions of the International Court of Justice as well as the nature and functions of the International Institutions for the protection of human rights. It also focuses attention on how the UN system has shaped responses to issues of war, peace and terrorism.

International Trade Law 63 Law 497

This course covers the regulation of international trade at the international level by organizations such as the World Trace Organization, at the regional level by such arrangements as the North American Free Trade Agreement, and at the national level by the U.S. and its principal trading partners through various U.S. trading institutions. Topics include the constitutional allocation of authority over international trade in the U.S., customs law, non-tariff barriers, import relief measures and other trade remedies, government procurement, trade in services, regional economic integrations, and the need to examine trade issues in relation to the new trade agenda, namely labor and environmental issues and the protection of intellectual property rights.

Internet Law 1541 Law 470

The emergence of the Internet and digital technologies that enhance our abilites to access, store, manipulate, and transmit vast amounts of information has generated a host of new legal issues for which lawyers of the 21st century must be prepared. Although many are trying to apply existing legal concepts onto problems arising in cyberspace, it is increasingly evident that this strategy is not always effective. The course will explore specific problems in applying law to cyberspace in areas such as intellectual property, freedom of speech, privacy, content control, and the bounds of jurisdiction. Familiarity with the Internet and intellectual property law is helpful but not required.

Introduction to American Law (summer Legal Advantage Program) 1702 Law 387

This course is designed to provide an introduction into the structure and content of the American Legal System to foreign students who have not received American law training. The course is composed of two components: 1) instruction in American Law and Legal Institutions and 2) Legal Research Training.

The substantive element contains materials on the Basic Principles of American Law, The Legal Profession, the Jury System, Constitutional Law, and Torts. The research portion provides a basic introduction into the modern American law library's holdings and computer-based research techniques.

The course meets for a total of 15 class meetings for at least 90 minutes at each session and will be graded on a pass/fail basis.

Introduction to Statutory Analysis 1936 Law 331

This 1-credit mini-course provides an introduction to the toolbox of arguments available to lawyers working on behalf of clients whose conduct is regulated in whole or in part by statute. This applies to basically all clients and their lawyers, but particularly those future lawyers who intend to practice in DC or a state capital like Richmond. The grade will be based on participation and a memo assignment due on October 14th. Laptops will not be used in class.

Islamic Law Seminar 1 1632 Law 604

This course will examine the historic roots of Islam and its significance as a major legal tradition. Sources of law, the major schools of Islamic law and contemporary applications will be explored.

Course satisfies the Major Paper Requirement.

Judicial Externship 1556 Law 754

1-3 credits summer/fall/spring Students earn academic credit by working for judges (including administrative law judges), hearing officers, courts, and organizations that provide research, educational, and management services to judges and courts (e.g., the National Center for State Courts, the Federal Judicial Center, the Administrative Office of the U.S. Courts). See the Externship Manual and each semester’s syllabus for details.

Labor Arbitration & Collective Bargaining 1507 Law 493

This course will focus on collective bargaining and how labor arbitration had its genesis in the collective bargaining contract. The course will cover the "federal common law" that has developed in support of traditional labor arbitration. The course will cover how labor contracts are negotiated and discuss the arbitration provisions that are normally included in such labor contracts. The course will cover the possible expansion and use of labor arbitration as a substitute for employment litigation in the courts. The course will emphasize both the theoretical and practical application of the arbitration system to current employment issues. A paper will be required in lieu of an exam; however, the course does not satisfy the writing requirement.

Labor Law 1451 Law 407

A study of employee-union-management relations as regulated by the National Labor Relations Act, as amended. Issues considered include the organizational process, representation elections, collective bargaining, and strikes and picketing activities.

Land Use Control 1415 Law 425

An analysis of the legal principles governing the use and management of land and the fundamental values underlying those principles. While focusing primarily on government regulation of land use, the course also will examine common law rules which affect the way that land is used. Topics that might be considered include judicial control of land use, zoning and the rights of landowners, zoning and the rights of neighbors, land use planning, public regulation of land development, aesthetic regulation, and the preservation of natural and historic resources.

Law & Development Seminar 1 1018 Law 517

The seminar examines the manner in which law and state power are used (or misused) in tackling the problems of development in Africa (economic as well as political), the insights gained and the methodology developed in the seminar will be useful in determining the appropriateness of state power in the context of other developing countries as well. Satisfies the Writing Requirement.

Law & Higher Education 1969 Law 365

A course for advanced graduate students that examines constitutional, statutory, and case law relevant to higher education and the implications of this body of law for policies and practices affecting students, faculty, administrators and staff. Students will learn basic legal concepts and become familiar with relevant legal terminology.

Law & Intimate Associations 1684 Law 301

An in-depth study of the state's role in creating legal family relationships and in encouraging or discouraging particular social relationships, with a primary focus on the parent-child relationship. The course will take a multi-disciplinary and comparative approach, drawing materials from the social sciences (e.g., sociology, psychology, political science) and the humanities (e.g., philosophy, history, literature) as well as from law, and examining the laws and social circumstances relating to intimate associations in other countries as well as in the U.S.. The course will also have a law reform orientation; we will study the topic with an eye to determining whether and how state legislatures should rewrite the laws that dictate who a child's first legal parents will be. Students will also attend a conference on this topic to be held at the law school, where academics from various disciplines will present papers.

Law & Literature 995 Law 444

“Law and Literature” will be coordinated by Jim Heller and Chris Byrne, and co-taught with Ami Dodson, Vivian Hamilton, Toni Randall, and Brian Wall. There will be up to 18 students enrolled in the class, which will focus on how legal issues and themes are developed in works of literature. The class will meet four times during the semester, in the homes of participating faculty members. All those participating in the class are expected to bring food and/or drink each month to share as we dine together.

The faculty will select four books that the students must read and write papers on. The books will be available to purchase in the bookstore, but you may use any edition you already have or purchase/borrow elsewhere. No later than the Thursday prior to each meeting, students must send via e-mail to Jim Heller and Chris Byrne a 3-5 page paper responding to at least one of the questions previously given out by the faculty member responsible for each book. These papers will be distributed electronically ahead of time to other students in the class and to the faculty, and will be graded on a pass/fail basis. Students are required to prepare papers for all four books and attend all four sessions, unless their absence is excused in advance. Students will participate in discussion sessions with five or six students and one or two faculty members in each group, lasting for approximately one hour. Then, for the second hour, all of the students will meet for discussion led by one of the professors. Students may also be asked to draft discussion questions for the books.

There will be an organizational meeting the first week of the Spring 2012 semester. Students must attend this session in order to enroll in the course.

Students in the 1-credit Law & Literature class read four books with a law or law-related nexus, and write a 4-5 paper on each book. The works we read -- almost always fiction, but occasionally plays or non-fiction -- involve the depiction of lawyers and legal issues. Books for the spring 2012 semester are The Corrections, by Jonathan Franzen; Little Bee, by Chris Cleeve; The Submission, by Amy Waldman; and House of Sand and Fog, by Andre Dubus III. This is a pass/fail course. Attendance at all four classes is required.

Law & Neuroscience 1985 Law 317

This course examines a variety of cutting-edge, at times controversial, linkages between law and neuroscience, ranging from social and environmental influences on the brain and behavior to the interpretations of neuroimaging and the prediction of criminality and predispositions towards mental illnesses and addictions. Students will learn how discoveries in neuroscience intersect with societal responses and legal decision-making. Scientists are increasingly using new techniques to investigate the brain activity underlying cognitive phenomena. The course will explore whether, and if so how, the law should engage with various emerging neuroscientific findings, technologies, and perspectives on such topics as evidentiary rules, memory bias and enhancement, lie and deception detection, the neurobiology of criminal culpability and punishment, emotions and decision making, addiction, adolescent brains and juvenile law, moral and legal reasoning, tort law, artificial intelligence, and the like. The course will also address a variety of challenging questions raised by the increasing introduction of brain-scans as evidence in courtroom proceedings. A background in science may be helpful, but is not required, as the course will provide a “brain basics” introduction for law student

Law & Politics 1783 Law 707

This course will provide students with an opportunity to meet informally with top political scientists, current/former government officials, and law professors who write about the intersection of law and politics. For most (of the six class) meetings, a law or government professor will talk about their on-going research. For one or two meetings, a current or former government officials will talk about the work of their office. Students will read and write a short (two page) comment on five papers. Paper presenters are yet to be lined up but will likely include Steve Macedo (Princeton, Politics), Lee Epstein (Northwestern Law & Government), John Yoo (Berkeley, Law), Tom Griffith (D.C. Circuit Court of Appeals & former Senate Legal Counsel), and John McGinnis (Northwestern, Law). This is a pass/fail course.

Law & Psychology 1921 Law 353

Many issues of law involve questions that are psychological in nature, referring to human behaviors and/or mental processes. For example, how do juries reach decisions? What do we know about memory, and to what extent can it be trusted in making legal judgments about guilt or liability? When is a confession "voluntary"; does the law think about voluntariness in a way that makes psychological sense? When is a criminal defendant mentally competent to stand trial? When may a criminal defendant be considered insane? What types of psychological defenses (defenses grounded upon mental illness) should a defendant be able to claim? When may a person be involuntarily incarcerated when (s)he has not committed a crime? What is the proper role of expert psychological testimony? To what extent are the innovations of modern brain science, including technologies such as structural and functional MRI, relevant to judgments about legal responsibility? And so forth. Psychology and law have adopted overlapping, but also significantly contrasting, perspectives on such issues. In this course we will investigate how psychologists work within the legal system and how psychological theories, research data, techniques, and methods might contribute to our understanding of the law.

Law & Religion 1431 Law 480

An exploration of the intersection of law and religion, with an emphasis on theory, legal doctrine, and practical applications. The course will examine such topics as the history of the Religion Clauses, Religion Clause theory, the constitutional definition of "religion," religion and public schools, government financial aid to religion, religion as it intersects with employment and labor laws, official invocations or acknowledgments of religion, free exercise conflicts with state regulation, discrimination against non-mainstream religious beliefs and practices, and discrimination among religious sects.

Law & Sexual Violence Seminar 1980 Law 642

This seminar examines the criminal law’s response to sexual violence in three major contexts: rape and sexual assault generally; sexual violence in the family; and sexual attacks on children. In each of these legal contexts we will read, discuss, and analyze various theoretical approaches to the issues, emphasizing the contributions made by feminist theory to criticism and reform in the law governing sexual violence. We will then apply the theoretical literature to actual case law and doctrine in both the civilian and the military contexts. One goal will be to answer core questions about the nature of sexual violence and the possible solutions to it. For example, can we coherently speak of sexual violence as one thing, as one social problem/pathology which is best analyzed using a single theoretical approach (and if so, which theoretical approach would be the best?). Or does sexual violence have such different causes, and produce such differing effects across the legal spectrum, that we should view it as several quite distinct problems which are best analyzed from a context-driven, as opposed to universal point of view (and if so, what context(s) matter and what approaches would best be applied in each relevant context)? This will be a two-credit seminar which will meet once weekly. Major components of the course grade will be preparation, attendance, class participation, and a class presentation by each student. The course materials will be distributed via coursepack and Blackboard, and will be drawn from cases, statutes, empirical and theoretical literature in psychology, and legal theory.

Law & Social Justice 997 Law 479

This course will focus on the role of the law in creating, perpetuating and eradicating hierarchies of power and privilege in American society, particularly those based on racial and ethnic groupings, gender, social and economic class, sexual orientation, and disabilities. We will examine topics such as the meaning of privilege and power and the intersection of identity with patterns of privilege and power, the denial of privilege and power to certain groups through constructions of exclusion in law, and the role of law in society and its potential as an instrument of social justice. Readings will include a variety of social, political and legal writings. The course will provide an opportunity to explore some critical race and feminist jurisprudence.

Law & Social Justice Seminar 1408 Law 501

This seminar will discuss whether and to what extent our legal system, including its law schools, perpetuates or counteracts social injustice. Many of the readings derive from modern critical legal theory, particularly critical race theory and radical feminism, and from liberal and non-liberal responses thereto. These readings primarily address the subordination of particular groups in our society and ways in which taken-for-granted legal categories--such as objective/subjective, public/private, and negative rights/positive rights--serve to entrench hierarchies of power and wealth. Other readings include foundational political theories (e.g., Mill, Rawls, Nozick) and classic texts on topics such as civil disobedience and justified revolution. Discussions will mostly be student-directed.

Law of Letters of Credit 1865 Law 332

The purpose of this course is to introduce students to the law of letters of credit which governs transactions arising frequently in domestic and international commerce. A major objective of the course will be to demonstrate differences with general contract law theory and the significance of international organizations (such as the UNCITRAL and the International Chamber of Commerce) and law in fashioning letters of credit principles. It will focus on both standby and commercial letters of credit. Course materials include articles and book excerpts along with selected case decisions. The course will be graded by written examination.

Law of Presidential Elections 1807 Law 616

 The purpose of this course is to provide an overview of election law issues pertaining to presidential elections. The course will examine the roles of both the Democratic and Republican National Committees and the Federal Election Commission in the presidential election process. The course will consider recent legal developments and will analyze the underlying policy issues at play within this area of election law. The course requirements will be fulfilled by writing a paper (which will not fulfill the major writing requirement) and participating in class discussions.

This course will meet in Washington, DC

Law of Presidential Public Financing 1842 Law 613

The presidential public financing system is at an historic crossroads: With President Obama’s decision to turn down public funds for the 2008 general election, and become the first presidential candidate since Watergate to privately finance his entire campaign, many election law scholars and practitioners believe that the presidential public financing system is broken. However, President Obama, along with Senators John McCain and Russ Feingold, have supported past proposals to overhaul and modernize the presidential public funding system. Congress may seriously consider various overhaul proposals in the next year, which could take effect in time for the 2012 presidential election.

This course will analyze the presidential public financing system, the regulations and restrictions that apply to candidates who accept public funds, and court decisions that have addressed the constitutionality of the presidential public funding system. We will also study various legislative proposals to overhaul the presidential public financing system and will debate whether there should be a presidential public financing system at all in the 21st century. The course will emphasize the unique blend of legal, constitutional, political, and public policy issues that influence contemporary debates about the future of the presidential public financing system.

Law Practice Management 1504 Law 498

Introduces law office management enhanced with modern technology. Includes hardware and software selections, practical issues relating to email, mobile computing, electronic timekeeping and billing systems, uses of video-conferencing, project management, case management, security, social networking and the practice, marketing, business plans, presentation systems, remote court reporting and technology-related ethical issues.

Law, Equality & Social Exclusion in Contemporary India 1934 Law 354

The aim of this course is to provide a general overview of the interface between the law, the Constitutional mandate for achieving substantive equality and justice, and social dynamics in contemporary India. It examines how, in a society characterised by considerable inequality and hierarchy on the basis of caste, class, ethnicity and religion, the law operates to maintain the status quo but is also as used as an instrument to challenge inequality by marginalised social groups and by socially-engaged activists. The limits of the use of the law as an instrument of achieving substantive social justice and equality are also explored.

This course will familiarise students with a range of Indian laws and Constitutional provisions that often work in contradictory ways from the perspective of the marginalised. Although the course deals specifically with the Indian case, insights that it provides will prove useful for making cross-country comparisons and for understanding the dilemmas related to the role of the law in relation to socially-excluded groups in many other countries.

The course will be divided into five or six sessions. The first, introductory, session familiarises students with the reality and magnitude of social exclusion in contemporary India. The second and third sessions discuss various anti-discriminatory laws and Constitutional provisions related to socially-excluded groups, such as ‘low’ castes, indigenous ‘tribal’ peoples and religious minorities. The fourth session looks at the actual impact and achievements of these laws and Constitutional provisions and of various state-sponsored affirmative-action and other such measures for marginalized groups. The fifth and final session frames the various issues discussed in the previous sessions in a cross-country perspective.

A 10-12 page paper will be required to be submitted by email within two weeks after the conclusion of the course.

Legal Aid Clinic 1484 Law 746

Students work in the Williamsburg office of the Legal Aid Society of Eastern Virginia under the supervision of an attorney, providing legal services to indigent people in a variety of civil matters, including domestic relations, consumer law, debt collection defense, landlord-tenant law, public benefits, and other issues. The legal work done by the students provides the basis for an exploration of the profession and court system and includes client interviewing, research and investigation, drafting of correspondence and pleadings, and representation in court and before other tribunals. In addition to client contact hours at the Legal Aid office, students are required to attend regular case study analysis meetings. Third-year practice required. Enrollment is limited to six students.

Legal Drafting for a Transactional Practice 1981 Law 647

This seminar provides students an opportunity to draft agreements often used in representing business entities in a transactional legal practice. Students will analyze hypothetical and actual case studies to explore basic concepts of drafting in a business situation from a practical viewpoint. The class will examine how law, language and business factors interact in drafting. Assignments may include: 1) Partnership Agreements and Operating Agreements for Limited Liability Companies, 2) Certificates of Incorporation and Corporate Resolutions, 3) Executive Employment Agreements, 4) Term sheets and Letters of Intents, 5) Asset Acquisition Agreements, 6) Share Acquisition Agreements, 7) Licensing Agreements.

Legal Morality 1804 Law 653

The course would survey (expeditiously but not superficially) the moral claim that law makes, as well as the nature of the moral inquiry itself. Course materials will consist of a package of readings, about 200 pages or so, to support class discussion and the students' preparation of a brief (5 page) paper. The course will consider the analytical jurisprudence (natural law vs. positivism -- exclusive as well as inclusive) and recent work that has investigated the source of our "moral sense."

Legal Skills I 756 Law 111

Legal Skills I and II compose the first year of a two-year course required of all students. Taught primarily in small student "law firms," the course's coverage includes professional responsibility, the nature of the legal profession, legal research and writing, and numerous legal skills including drafting, interviewing, negotiation, and oral advocacy.

Legal Skills II 936 Law 112

Legal Skills I and II compose the first year of a two-year course required of all students. Taught primarily in small student "law firms," the course's coverage includes professional responsibility, the nature of the legal profession, legal research and writing, and numerous legal skills including drafting, interviewing, negotiation, and oral advocacy.

Legal Skills III 25 Law 113

Legal Skills III and IV compose the second year of a two-year course required of all students. Taught primarily in small student "law firms," the course's coverage includes professional responsibility, the nature of the legal profession, legal research and writing and numerous legal skills including drafting, interviewing, negotiation, introduction to trial and appellate practice, and alternative dispute resolution.

Legal Skills IV 958 Law 114

Legal Skills III and IV compose the second year of a two-year course required of all students. Taught primarily in small student "law firms," the course's coverage includes professional responsibility, the nature of the legal profession, legal research and writing and numerous legal skills including drafting, interviewing, negotiation, introduction to trial and appellate practice, and alternative dispute resolution.

Legal Technology Seminar 1 1020 Law 575

An exploration of the possible implications of legal high technology to law and the legal system with an emphasis on law firm and office technology but also addressing government agency, court, courtroom, and litigation related technologies. Using Courtroom 21 based technology, the seminar will consider the probable ethical, procedural, evidentiary, and systemic effects of technological innovations such as knowledge management, technology-dependent lawyer-client relationships, new forms of communication, multi-media court records, remote deposition and hearing appearances, imaged documents, and computer based courtroom information and evidence display. A paper or technology related project is required; interdisciplinary projects are encouraged. Satisfies the writing requirement

Legal Writing for LLMs II 1962 Law 702

This course is designed for graduate law students whose native language is not English. The course will provide essential grammar, vocabulary, sentence structure, and essay writing skills necessary for legal memoranda, law school and bar examination essay questions and basic written legal communication.

Legislation 1506 Law 412

Various aspects of the legislative process are considered, including: structure and function of national, state, and local legislative bodies; state constitutional limitations on legislative activites; and principles of statutory construction.

Legislation, Litigation & Special Education 1970 Law 364

A study of the impact of legislation and litigation on the field of special education.

Legislative Advocacy Seminar 81 Law 562

This course will provide students with a comprehensive insight into state legislative process from the perspective of the advocate. The course will examine the legislative process from the conceptual stage ("there ought to be a law"), through drafting and filing of a bill, coalition building ("nose counting" and "horse trading"), grass roots advocacy and direct lobbying ("arm twisting"), and culminating in presentation of the bill before a committee ("the shad treatment"). Students will gain insight into how political and public policy concerns, the vested interests of various constituencies, as well as the personalities of the lobbyists, staffers and legislators themselves, combine to influence the legislative process. Course will include a series of exercises in which students will practice the skills necessary to effective legislative advocacy.

Legislative Redistricting 1872 Law 379

This course review the doctrinal history and present status of judicial review of legislative redistricing with an emphasis on the Voting Rights Act of 1965, the requirements of nondilution, the governing Supreme Court decisions and judicial remedies.

Litigation in Civil Law Systems 1565 Law 601

Each student will take a role in both a criminal and a civil mock French trials. The French system was selected as the quintessential civil law system. Civil law systems cover over half of the world's population, including such nations as China, Iran and Columbia as well most of Europe. It guides the adjudications before many multinational tribunals. This simulated litigation experience then will be useful in practices that may require dealing with lawyers from these other legal systems. The litigation thread will take place throughout the semester ending in both criminal and civil trials. Lectures will explain the basics of such litigation. Grades will be based on participation in the litigation and a journal describing and offering observations about the litigation experience.

Local Government Law 1416 Law 429

This course examines the scope and nature of local government powers and their relationship to state and federal governmental authority. Particular emphasis is placed upon matters of concern to cities, counties and other units of local government. Special consideration will be given to questions of governmental design, political theory, and intra- and inter-governmental sharing of power. Specific topics may include: theories of authority, boundary changes, personnel, public contracts, government tort liability and immunity, municipal finance, land planning and development management. Course readings will include both legal materials and excerpts from the fields of public administration, economics, municipal finance and city planning.

Medical Malpractice & Health Care Liability 1461 Law 472

As an academic treatment of one of the most pressing fields of modern litigation, the course will address fundamental issues surrounding medical negligence in the relationship of physician and patient. Within the core treatment of physician-patient responsibility, additional concepts will be addressed which define the totality of delivery of health care services, including commencement and termination of the professional relationship, allocation of liability among providers, and recently developed duties to third party non-patients. As necessary elements to the development of liability theorems, the course will cover elements of medical evidence, causation, harm and damages. Patient consent, provision of information, therapeutic experimentation and relevant ethical canons will also be treated as they have been grafted upon principles of medical responsibility. The course will also present concepts of institutional liability, respond eat superior, apparent and estoppel agency, peer review, corporate negligence and liability for managed care control and influence. The course will be presented through traditional case and statutory material, integrated with analysis of prevailing and proposed common law and statutory applications. Where appropriate, client oriented problems will be utilized to introduce legal practice reality into abstract issues of medical, legal and ethical principles.

Mergers & Acquisitions 1822 Law 464

A survey of various forms of business combination transactions, including mergers, share exchanges, tender offers and asset purchases. This course will focus on planning for and structuring such transactions to address business, corporate law and securities law issues from the standpoints of both the acquiring company and the target company.

Methodologies in the United States Legal System 1625 Law 383

This course is designed to meet the needs of international LLM students. Subjects include an introduction to the United States common law, an introduction to the American federal system, legal reasoning, researching and interpreting American law, legal research and writing, and preparing for and taking exams. Limited to enrollment by LLM in the American Legal System students only.  

Military Contractors & Public Responsibility 1810 Law 610

This course deals with the growing use by the federal government of private security contractors (e.g.,Blackwater) and the consequences of such activities on the sovereign functions of government. The regulatory,legal and constitutional issues will be explored along with congressional solutions to the problems of liability for injuries and deaths caused in Iraq and other foreign theaters of operation. A short paper will be required.

Military Law Seminar 1 1514 Law 503

A comprehensive study of military criminal law examining the power of the armed forces to regulate military life through criminal and related sanctions. The seminar addresses application of the Bill of Rights to the armed forces, personnel policies, substantive and procedural criminal law, and the role of military lawyers and judges. A comparative law approach will be used where desirable.

Grades will be based on class attendance, class participation, and a substantial paper that will be meet the Writing Requirement.

National Security Law 1001 Law 475

This course examines the structure and functions of the U.S. government by focusing on the pervasive issue of national defense. The student will study the institutional framework for national security - including the separate powers of the President and Congress, legal issues surrounding the formulation and implementation of national security law and policy, and the role of the Judiciary in the national security process. The course will also address the national military command structure and the interaction of the President and Congress in the areas general and covert war, intelligence collection, strategic stability, and arms control. The course grade will be based upon one short paper (approx. 10 pages), a final exam and class participation.

Natural Resources Law 1626 Law 339

The course provides an introduction to federal natural resources law, with an emphasis on living resources. We will examine the theoretical conflicts that underlie various approaches to resource management, as well as the special qualities of natural resource problems that render management efforts difficult. Focusing on the legal treatment of fisheries and marine mammals, wildlife and biodiversity, water resources, forests, and preserved public lands, we will probe the complex interplay between environmental, economic, cultural, and political factors in natural resource decision making.

Note: this class does not meet every year.

Non-Profit Organization Externship 1536 Law 749

1-3 credits summer/fall/spring Students earn academic credit by working for civil legal services/legal aid organizations and private, nonprofit, 501(c) (3) organizations. See the Externship Manual and each semester’s syllabus for details.

Objections 1760 Law 732

This course will focus on making and meeting objections during trial. What is a leading question, compound question, irrelevant question? The course will explain when to object to an improper question and how to rephrase a question in the "heat of battle." The course will cover evidence, civil procedure and hearsay. Framing proper questions and detecting improper ones is an art form filled with nuances and quick wit. The course will train you to think on your feet and learn the basic rules of trial evidence.

This is a pass/fail course.

Trial Team members receive priority registration. Prerequisite: Trial Ad or Legal Skills IV.

Partnership & LLC Taxation 1926 Law 326

This course examines the fundamental rules governing the federal income taxation of partnerships, including LLCs treated as partnerships for income tax purposes. An overview of S corporation taxation and federal income tax issues to consider in choosing the appropriate entity are also covered.

Prerequisite: Law 311 Federal Income Taxation. Professor reserves the right to waive it for students who have taken a substantially similar undergraduate course as business or accounting majors.

Completion of or concurrent enrollment in Law 320 Business Associations is recommended but not required.

Patent Appeals and Interferences Seminar 1651 Law 660

Patent Appeals and Interferences In the USPTO

The course will cover ex parte and inter partes appeals to the Board of Patent Appeals and Interferences (BPAI). Matters considered will include jurisdictional requirements for appeal, as well as practical considerations bearing on the decision to appeal or continue prosecution before the patent examiner. Briefs and oral arguments before the BPAI and review of BPAI decisions in the courts will be addressed.

The fundamentals of interference law and procedure before the BPAI will be explored. Interference concepts covered will include: conception; reduction to practice; diligence; "the standing order"; interference counts; motion practice; discovery; the first and second "final" hearings; and review in the courts.

Patent reissue, patent reexamination, and proposals for post grant cancellation will also be discussed.

Patent Law 1002 Law 447

The course will present the essential principles of the patent law, as well as significant policy considerations which are the bases for many patent doctrines. Highlighted will be decisions of the Supreme Court and the Court of Appeals for the Federal Circuit.

Payment Systems 1003 Law 405

This course will survey the uses of different payment mechanisms (Negotiable and non-negotiable instruments, credit cards and electronic funds transfer and wire transfer systems) in both credit and cash transactions. The course will consider allocation of risks for fraud, countermands, defenses on the underlying contract, mistake, timeliness and unauthorized payments. In each case the allocation of rises in connection with different payment mechanisms will be considered, along with whether these allocations should be the same or different for each mechanism. The course will focus on Articles 3 and 4 of the Uniform Commercial Code and, as time permits, consider letters of credit under U.C.C. Article 5 and the International Chamber of Commerce Uniform Customs and Practice. Special emphasis will be given to techniques of statutory analysis, commercial counseling and a rethinking of present rules, especially in the light of the revision of Articles 3 and 4. The impact of federal legislation on the state payments law (U.C.C. Articles 3, 4, and 4A) may also be treated.

Personal Security & Privacy under the Fourth Amendment Seminar 1 1488 Law 521

This seminar will focus on a selected search or seizure doctrine under the Fourth Amendment to the United States Constitution. Students will analyze the topic from doctrinal and theoretical perspectives. Grades will be based on class participation and written works. The class does not have a prerequisite, and it will not satisfy the writing requirement.  

Philosophy of the Law 2 807 Law 450

A survey of problems generated by philosophical reflection on the law. The central topic will be the fundamental nature of the law. Is the law reducible to social facts? To morality? To neither of these things? But other topics will also be dealt with, including: the structure of legal systems, the nature and possibility of authority, whether there is a moral duty to obey the law, the status of international law, the lawmaking role of courts, and the effect of semantic and moral theories on adjudication. Classics in the field - including John Austin, H.L.A. Hart, Hans Kelsen, Ronald Dworkin, Joseph Raz and the American Legal Realists - will be discussed, as will arguments by some more recent writers.

Post-Conflict Justice and the Rule of Law 1 1690 Law 394

This course covers the retributive and restorative aspects of post-conflict reconstruction, and strategies for restoring and enhancing justice systems that have failed or become weakened as a result of conflict. Areas of study will include peace accords; the work of tribunals, truth commissions and local mechanisms to deal with the aftermath of violence and criminal acts; policing and security issues; constitutional development; transparency and corruption; elections and political processes; problems associated with internally displaced people and the role of civil society in establishing sustainable justice and development

Course satisfies the Major Paper Requirement.

Post-Election Litigation 1942 Law 377

This one credit course will meet on two Saturdays at the William & Mary’s DuPont Circle office in Washington, DC. The course will focus on the legal issues and consideration in post-election disputes. In general, such disputes take the form of either recounts or contests. The first meeting describes the process of re-tabulating ballots cast in an election. The second class describes challenges brought to the election process itself – including election administration, standards, claims of fraud, etc. Both recounts and contests can be handled administratively, judicially or legislatively (i.e., as part of the seating process). This course will touch on each of these processes and will focus on the related constitutional issues – including due process, equal protection, federalism, separation of powers and the political question doctrine. Some attention will also be paid to the strategies and tactics most often employed in such disputes. In addition to class participation, grades will be based on a short paper – 10-15 pages analyzing the legal concerns and strategies available under different existing state recount statutes.

Power & Influence 1952 Law 716

This a course about learning to use power and influence as effective tools for both understanding your surroundings and achieving your goals. It is a course about getting things done in the real world, where politics and personalities can often seem to hinder rather than help you. It is a course for those of you who want to make things happen, despite the obstacles that might stand in your way. Consequently, it is a course about you.

Course Objectives: This course presents conceptual models, tactical approaches and self-assessment tools to help you understand political dynamics as they unfold around you and develop your influence style. By focusing on specific expressions of power and influence this course gives you the opportunity to observe their effective and ineffective uses in different contexts and stages of a person's career. The subject matter will introduce different ethical questions. This course should challenge you to define what will constitute the ethical exercise of power and influence in your life.

In this course we will rely on a mix of case studies, exercises, self-assessment tools and readings. Your grade will be based 50% on class participation and 50% on the final paper.

Presidential Powers Seminar 1402 Law 539

Presidential Power after 9/11: The New Rule of Law The purpose of this course will be to analyze the exercise of inherent presidential power after 9/11 and its application to military tribunals, state secrets, NSA surveillance, and extraordinary rendition (transferring suspected terrorists to other countries for interrogation and torture). As a subtheme, the rule of law before 9/11 consisted mainly of statutes and treaties; the rule of law after 9/11 often drew from assertions of exclusive, plenary, independent, and executive-made law, often done in secret and at times in violation of statutory or treaty law. What precedents support these assertions? What judicial and congressional checks operate on these executive claims of authority? How can the exercise of emergency power be made consistent with constitutional principles?

Presidential Public Financing 1958 Law 613

The presidential public financing system is at an historic crossroads: With President Obama¹s decision to turn down public funds for the 2008 general election, and become the first presidential candidate since Watergate to privately finance his entire campaign, many election law scholars and practitioners believe that the presidential public financing system is broken. However, President Obama, along with Senators John McCain and Russ Feingold, have supported past proposals to overhaul and modernize the system. Congress may seriously consider various overhaul proposals in the next year, which could take effect in time for the 2012 presidential election. This course will analyze the presidential public financing system, the regulations and restrictions that apply to candidates who accept public funds, and court decisions that have addressed the constitutionality of the presidential public funding system. We will also study various legislative proposals to overhaul the presidential public financing system and will debate whether there should be a presidential public financing system at all in the 21st century. The course will emphasize the unique blend of legal, constitutional, political, and public policy issues that influence contemporary debates about the future of the presidential public financing system.

Privacy in a Technological Age Seminar 1 1682 Law 661

Do new technologies change our expectation of privacy? Should they? From students revealing all on MySpace and Facebook to corporate data breaches to vast databasing of Google searches to NSA wiretapping and phone and bank records surveillance, it is no longer clear what privacy means. When information can easily and cheaply be gathered, stored, sorted, and searched, what are the appropriate boundaries for personal privacy? This course will review (1) the historical roots of the concept of privacy in U.S. law; (2) the common clash between privacy and the public good; and (3) the shifting balance of privacy rights in rapidly changing technological contexts. We will examine these questions through the lens of consumer privacy, government records privacy, medical privacy, government surveillance, and online privacy. Grades will be determined by class participation and a final paper. The paper satisfies the writing requirement.

Private Equity & Venture Capital 1870 Law 325

This course explores a comprehensive set of financial situations that arise in high growth and high-risk investments. The course focuses primarily on the financial aspects of private equity investment, examines raising funds, issues related to measuring returns in private equity funds, valuing enterprises at different stages of development, and structuring deals using various forms of financing. As venture firms are dynamic organizations, there must be flexibility in capital raising and contract terms to carry the firm through its current stage of development and into the next. The course examines the strategies of these institutions and the potential challenges they face.

Grade: Individual grades are based on class participation.

Private Practice/In-House Counsel Externship 1833 Law 759

1-3 credits summer; 1-2 credits fall/spring; maximum of 4 credits can be applied toward degree requirements.

Students earn academic credit by working for solo practitioners, law firms, and in-house law departments of corporations. See the Externship Manual and each semester’s syllabus for details.

Products Liability 65 Law 451

A study of the problems of product-related injuries to persons and property. The major concentration will be on liability for injuries caused by defective and dangerous products, with additional consideration of product safety legislation.

Professional Responsibility 1043 Law 115

The final examination on legal professional and ethical issues for the Legal Skills Program. Operates in conjunction with Legal Skills IV. Students must enroll in either section 01 or 02 of Law 115 in conjunction with Law 114.

Professional Responsibility for LLMs 1967 Law 118

This course is designed to introduce international attorneys to legal professional responsibility in the United States.

Property 1720 Law 108

Property focuses on the rules for acquiring, using, dividing (in various dimensions), and losing rights over scarce resources. Most material concerns realty, with limited consideration of personal property. Property will introduce the rudiments of capture, finds, and adverse possession; landlord-tenant law; the system of estates; co-ownership; easements; and restrictive covenants. In addition to these private law subjects, the course will introduce zoning and takings.

Property Rights Seminar 1675 Law 549

This course focuses on the role that property rights play in society and on constitutional protection of private property. In addition to exploring the economic, social, and political roles of property, students will consider the extent to which government can regulate private property to protect the environment. Among other topics, students will explore conflicts between private property rights and public interests in the commons, including possible legal resolutions of those conflicts. Grading in this one-credit mini-course will be based on class participation and a 10 page paper.

Public International Law 809 Law 409

An examination of the nature and sources of international law and municipal law; the law of treaties; principles of jurisdiction; statehood and recognition of states and governments; sovereign immunity; rights of aliens; human rights; environmental issues; and regulation of international coercion.

Public Policy for Science & Professions 1835 Law 347

Public policy analysis is a component of the larger process of policy making, beginning with the identification and definition of a problem in the public realm, the generation of policy options or choices for addressing the problem, the selection of a particular policy option through political institutions (e.g., a legislature or governor), the development of a plan for implementation, and the implementation and evaluation of that policy by the government (or others that the government directs).

Introduction to Public Policy Analysis will introduce graduate students from the Schools of Business, Education, Law, and Marine Science, and non-MPPs from Arts and Sciences departments, to public policy as an academic discipline and as a systematic method of thinking about the design, development and assessment of public sector policies. Students will develop the skills required to define and analyze policy issues and problems, articulate relevant decision making criteria for policy analysis, evaluate alternative policy solutions, and assess the means and costs of implementation.

Throughout the course we will discuss current policy debates and controversies. We will use these discussions as a means to develop fundamental analytic tools, rooted in economics and statistics, and to examine the constraints formed by "real-world" political, legal, ethical and other constraints. Class meetings will consist of a mixture of lecture, discussion, and student presentations. Some interactive analysis will occur each meeting, and students will be expected to be active and regular participants. The varied backgrounds of the students enrolled in Introduction to Public Policy and Analysis will bring a wide perspective on the issues we will examine.

Prior exposure to economics or statistics is helpful but not required, and college algebra is sufficient mathematical preparation for the course. Satisfactory completion of this course is a prerequisite for enrollment graduate students outside of Public Policy in subsequent Public Policy courses, whether or not they are cross-listed outside of Public Policy.

Race, Law & Policy Seminar 1611 Law 623

A seminar examining aspects of the history, politics, and legal theory underpinning law relative to race and the major racial groups America. Attention will be given to relevant Constitutional and anti-discrimination law, and to the identification of under-examined racial issues embedded in a variety of other areas of the law and public policy (e.g., torts, immigration, etc.).  

Race, Religion & Law Seminar 1023 Law 541

This course focuses on the intersection of race and religion, and their impact on the law as expressed in American judicial decisions. To facilitate this inquiry, the course furnishes historical background regarding the evolution of the concept of race in western societies, especially Europe and the United States. In addition, the course addresses how religious traditions, notably Christianity, have impacted the understanding of race. Course enrollment is limited to 24 students.

Real Estate Tax 810 Law 427

Problem oriented analysis of tax aspects of real estate investment from a life cycle perspective of acquisition, operation and disposition. Areas studied are: start-up costs; acquisition costs and capital vs. ordinary expenditures; treatment of interest and depreciation; anti-tax shelter limitations on tax losses; deferred payment (installment sale and basis recovery reporting) and non-recognition like-kind exchange and involuntary conversion techniques; character issues including treatment of real estate dealers. Many topics are most frequently litigated by IRS. This is principal area of common law of taxation; tax policy and politics are also examined.

Real Estate Transactions 1161 Law 420

This course will deal with residential and commercial real estate transactions both from a practical and a theoretical perspective. The course will cover purchase and sale agreements, deeds, recording acts, financing, residential and commercial leases and real estate development. Class discussion will focus on both the analysis of case decisions and practical aspects of real estate law.

Regulation of Markets 1964 Law 328

This course provides a survey of how the state intervenes to address major market failures with emphasis on regulation of competition, natural monopolies, externalities, and imperfect information. We will examine the reasons why markets fail and the theoretical rationale behind government intervention to correct those failures. We will study the tools the state uses to regulate markets including price and rate regulation, command and control regulation, market-based mechanisms, and incentive regulation. We will also analyze the economic consequences of various forms of regulation. The course will include case studies of a variety of regulated industries including electricity and utilities, telecommunications, and transportation. This course should be taken by students who want to work in a regulatory agency, on a house or senate committee that deals with regulated industries, in a law firm that deals with regulatory matters, or in a regulated industry.

Course Objectives: At the end of the course students should understand and be able to explain to others the economic rationale for government regulation of markets. Students should also be able to evaluate the likely consequences of a regulation given appropriate information about the regulated industry and the policy in question. Students will be familiar with key types of economic regulations and the ways the regulations work (or fail to work) to increase efficiency. Students will also have an increased understanding of key regulated industries.

Method of Evaluation: Students will take midterm and final examinations, each accounting for 30% of the final grade. Students will also develop an industry case study which they will present orally and in writing (12 to 15 page paper) that will account for the remaining 40% of the final grade.

Remedies 1417 Law 413

This course explores the law of judicial remedies in civil litigation. After reviewing the main differences between law and equity, we will study the main types of remedies—declaratory judgments, injunctions, restitution, damages (both compensatory and punitive), and litigation costs—considering both their basic characteristics and finer points that emerge in judicial decisions. Substantive examples will come primarily from contract and tort law, but property interests, statutory violations, and constitutional harms also will be discussed. Students will be evaluated on the basis of class participation and a final

Rule of Reason 1836 Law 330

This course will examine the Rule of Reason that courts employ when implementing the Sherman Act's ban on contracts "in restraint of trade." After examining the development of the rule during antitrust's formative era, the course will focus on modern debates about the methodology of rule of reason analysis including: the role of market power, so-called "truncated" rule of reason analysis, cognizability (or not) of purported benefits, the metaphor of balancing, and the role of less restrictive alternatives.

Sales 811 Law 435

This course deals with commercial and consumer sales transactions governed by Article 2 of the Uniform Commercial Code. Coverage includes: contract formation and readjustment,; general obligations of the buyer and seller; contract performance; risk of loss; warranties; breach, repudiation and excuse; remedies; and federal legislation affecting these issues.

Secured Transactions 812 Law 404

A study of Article 9 of the Uniform Commercial Code governing security interests in personal property and fixtures.

Securities Regulation - Law & Policy Seminar 2 1784 Law 690

 The class will explore the legal and policy issues which U.S. securities regulators face in overseeing an industry where the evolution of products, marketplaces, and participants has far outpaced changes in the securities laws. The course will begin with an overview of the foundations of U.S. securities law. But it will focus on the contemporary challenges that regulators must confront in a world in which the traditional distinctions between securities and other products have become blurred; markets have literally merged across national boundaries; and the rise of private equity has challenged the assumptions of a system centered around public companies. This course is designed to complement the existing offerings related to corporations and securities law and to explore broader questions of institutional design which have echoes in many other areas of law. The two-credit version of the course will culminate in a seminar paper which addresses a facet of securities reform. For an additional credit, students may write a more substantial, supervised paper to satisfy the writing requirement. Corporations, though useful, is not required for the course.

Securities Regulation I 1497 Law 423

An examination of the federal law and policies governing the initial public offering and subsequent resale of securities, with particular attention to the Securities Act of 1933; the definition of a "security;" obligations and liabilities of corporations, their officers and directors, underwriters, financial advisors and lawyers under the Act; registration requirements; alternatives to registration and enforcement mechanisms. Prerequisite: Law 303 Corporations I or Law 320 Business Associations.

Securities Regulation II 813 Law 466

An examination of the federal law and policies governing trading of securities in the secondary market, with particular attention to the Securities Exchange Act of 1934. Coverage will include the disclosure and reporting obligations of public companies; the rules governing insider trading by corporate executives and others; federal regulation of mergers and tender offers; the role of broker-dealers, investment advisors, investment companies and self-regulatory organizations. Prerequisite: Law 303 Corporations or Law 320 Business Associations.

Securities Regulation Survey 1706 Law 333

This survey course examines the federal law and policies governing the purchase and sale of securities, particularly the Securities Act of 1933 and the Securities Exchange Act of 1934 and related regulations. The first portion of the course will deal with the securities law issues faced by privately-owned companies up to and including a company's initial public offering. The second portion of the course will deal with the issues faced by public companies, including periodic reporting, insider trading, and selected business transactions.

Prerequisite: Law 303 Corporations I or Law 320 Business Associations.

Selected Problems in Business Entities and Public Policy Seminar 2 1443 Law 537

This seminar will examine selected topics of current academic and practical interest for corporations and other legal entities. Potential topics include: the rights on non-shareholder constituencies (e.g. workers, consumers, communities); mergers, hostile takeovers, and defensive mechanisms; the rise of LLCs, and the simultaneous death of traditional partnerships; the extent of federal regulation of business entities; corporate law in other countries; the relationship between corporate finance and corporate governance; the contours of managers' and directors' duties to shareholders; and the functions of voice (voting) and exit (selling) in corporate law.

Although we will draw on economics frequently, I will presume no background and will teach the basic economic insights before applying them. Grades will depend on class participation and written work product. Students will have the option of either writing a paper that satisfies the Writing Requirement or writing a series of shorter papers. Class participation will include presentations of the student's written work as well as presentations of articles from the literature. Prerequisite: Law 303 Corporations or Law 320 Business Associations.

Selected Problems in Constitutional Law: Comparative Con Systems Seminar 1 1424 Law 505

This course will compare the ways countries and cultures approach and reify constitutional issues. Transnational constitutional norms and themes will be analyzed. Readings, discussions and presentations will focus on issues such as roles and functions of constitutions, economic and social protections, forms of government and balances of power, and constitutional protection of human rights. Constitutional processes in the modern era, including in post-conflict environments, will be examined.

Course will satisfy the Major Paper Requirement.

Selected Problems in Constitutional Law-Constitutional Interpretation: Contemporary Theories and Debates 1460 Law 505

This course will examine methods of constitutional interpretation, with a focus on contemporary theories and debates. It will use a series of debates about controversial rights and the allocation of governmental power to illustrate and assess contemporary approaches to constitutional interpretation. Representative rights will likely include the right to privacy, reproductive rights, the right to marry, and the right to die. Representative topics regarding governmental powers will likely include the debate concerning judicial activism and controversies surrounding federal regulation of health care and state regulation of immigration. The readings will illustrate contemporary approaches to constitutional interpretation including originalism, reinforcement of representative democracy, morality-based approaches, conservative and libertarian theories, and evolutionary theories. Course grades will be based upon a combination of class participation, two short reaction papers to be completed during the course of the semester, and a take-home exercise to be completed at the end of the course.

Selected Problems in Criminal Law Seminar: Punishing Evil in the Criminal Law 1423 Law 522

The Criminal Law draws a bright line distinction between the "Bad" and the "Mad". For example, legally insane defendants are excused from criminal responsibility, while sociopaths -- defendants who lack a conscience and/or possess no capacity for empathy or remorse -- may not claim an excuse on grounds of those defects. This distinction illuminates core elements of the law's vision of the person and of the proper grounds for exculpation from otherwise criminal acts. What is "Madness"? What, by contrast, is the law's conception of "Evil"? And finally, what effect, if any, should judgments about madness and badness have on the law of criminal responsibility generally? We will use cases and materials drawn from moral philosophy, psychology, and legal theory to examine these questions

Selected Problems in International Trade & Economics Seminar 1470 Law 570

This course will examine both the benefits and the costs that have resulted from increasing interdependence among national economies as globalization facilitates the cross-border flow of capital, goods, services and technology. Selected topics will include international intellectual property; issues of increased economic growth and efficiency; job loss versus job gain due to free trade; the special needs of developing countries; economic inequality, the impact of these economic policies on global environmental degradation; economic integration (such as the creation of the World Trade Organization, the North American Free Trade Agreement, and the European Union); the relationship, if any, between markets and democracy; race, ethnicity, and culture, specifically as they relate to structural market reforms.

Selected Problems in Securities Regulation Seminar 1 1468 Law 536

This seminar explores the primary mechanisms of enforcement of the federal securities laws: criminal prosecution, civil enforcement proceedings by the Securities and Exchange Commission, class actions by private litigants, and arbitration of broker/customer disputes. The seminar will focus on enforcement mechanisms (imprisonment, injunctions, occupational bars, restitution, fines and civil penalties) rather than the substance of the securities laws. Completion of Securities Regulation is not required but may be helpful in understanding some of the materials. Satisfies the writing requirement.

Selected Problems in the Taxation of Mergers & Acquisitions 1846 Law 644

Focusing primarily on corporate transactions, this advanced course will explore different ways to structure both nontaxable and taxable combinations of business entities, the tax goals and consequences of such transactions, and the role of the tax lawyer in representing a party to a business combination. Prereq: Corporate Tax.

Selected Problems of Criminal Justice Seminar 2 1409 Law 531

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

Selected Topics in Admiralty Law 1920 Law 611

The course provides an in-depth examination of selected topics in admiralty law, including admiralty jurisdiction, wrongful death, and ship-wreck law. The course covers noteworthy cases, such as the "Chicago Flood case", the "Jet-ski death case," and the Titanic cases. The course provides an assessment of developing legal principals and reviews practical considerations for the maritime lawyer.

Selected Topics in American Legal History Seminar 1534 Law 547

This seminar explores the history of American law from its European origins to the era of Reconstruction. To that end, the seminar is organized around themes that characterize three broadly chronological subdivisions. Subdivion I embraces the beginnings to about a710 and turns on thems related to the transit and the adaptation of Old World legal regimes to North American settings. Subdivision II spans the eighteenth century and concentrates on issues like the rise of the legal profession, the constitutional crises that spawned the American Revolution, and the creation of the Constitution. Subdivision III deals with the long nineteenth century to 1877. Among the pertinent themes in this part are the rise of distinctly American legal orders, the founding of bar associations, the effect of new technologies upon legal thought and practice, and the impact of the Civil War and Reconstruction.

Selected Topics in Election Law: The Law of Political Parties 1840 Law 614

Special Topics in Election Law: The Law of Political Parties Especially in an election year, the law of political parties is a particularly fascinating subject. Are political parties autonomous political organizations that should be free from state/federal regulation? Or, should political parties be regulated to ensure they behave in accordance with the public interest? if the activities of political parties form the core of the democratic process in this country, are their functions too important to be left outside the ambit of oversight and control? Should election laws promote a two party system, or should our laws encourage more independent party participation? What associational rights should political parties have to dictate the terms of their membership? Questions such as these will animate what will be a very timely coverage of the subject.

Meets in Washington, DC on February 4 and February 18.

Selected Topics in Employment Law Seminar: Men, Women, Work and the Law 1703 Law 680

This seminar will focus on gender-related issues in the contemporary workplace. Among the topics to be examined will be sexual harassment and sex discrimination, office dating policies and other gender-related privacy issues, gender pay equity, pregnancy and parenting issues at work, workplace sexual stereotyping, dress and appearance issues, and gender-specific employment. The course's orientation will be more practical than theoretical, with emphasis on real-world fact patterns and challenges viewed from the problem-solving perspective of a working employment law attorney. Students will be graded on their class participation and two writing assignments: an advocacy paper and a client advice memorandum.

Selected Topics in English Legal History Seminar 1452 Law 581

This seminar will consider various topics regarding English legal history. The nature of the topics will change from term to term.

Selected Topics in Estate Planning and Elder Law Seminar 1609 Law 641

This seminar will examine the issues involved in crafting comprehensive plans for the management of financial and medical affairs for diverse clients, with significant attention to the particular needs of seniors. The course will cover relevant laws with an emphasis on their practical application to the analysis of client situations and the preparation of appropriate documents. Case studies will progress from basic planning considerations to the more complex issues involved in planning for blended families, minors, the disabled, and the elderly, including incapacity, guardianship, long term care and Medicaid issues; the consequences of the failure to plan or poor planning; and alternate courses of action both in and out of the courtroom. Classes will include simulated client conferences, discussion of ethical issues, and practical exercises to familiarize students with interview and issue identification skills. Course limited to fifteen students. Prerequisite: Trusts & Estates.

Selected Topics in Insurance Regulation 1 1826 Law 627

Since its inception, insurance has evolved from a purely private contractual arrangement to a highly regulated industry. This course will explore how legal and regulatory principles have changed to address this ever more complex industry. We will also explore the public policy underpinning the development of our complex insurance regulatory system. Specific topics covered will include the creation and growth of the regulatory process, the state versus federal debate over the regulation of insurance, the powers of state insurance commissioners (both legal and practical), and how the regulatory process imposes specific restrictions and requirements on certain areas of insurance and certain types of insurance products. We will also explore how public policy pressures are currently affecting insurance law and regulation (e.g., legal and legislative reactions to the insurance industry’s handling of major catastrophes, such a hurricane Katrina, the attempts by both the states and the federal government to create residual markets to cover losses which the private market is unwilling to take on, and the effect of the current health care reform debate on the health insurance landscape). In addition to the writing requirement, students will have an opportunity to participate in a debate on the comparative benefits of state and federal regulation of insurance and to select a cutting-edge topic for class discussion.

Selected Topics in Intellectual Property 1908 Law 586

Property Crime in the Information Age. The course begins with an overview of the common law crime of larceny and highlights why it fails to address crimes involving intangible property and misuse of computers. The materials then trace strategies devised by courts to overcome this failure, largely by treating misappropriation of information and other intangibles as frauds. As the cases show, these solutions were also limited, and legislatures responded by enacting specific statutes that dealt with particular forms of intangible property. The course analyzes these new statutes, such as the Economic Espionage Act that deals with trade secrets and the new criminal copyright laws.

Selected Topics in Race & American Legal History 1844 Law 628

Seminar topics will vary from term to term but will focus on race as it relates to Americal legal history.

Selected Topics in Trusts & Estates 1922 Law 305

A brief survey of the key elements covered in a traditional 3- or 4-credit course on trusts and estates, such as intestacy, wills, protection of surviving spouses and children, and trusts. The course will focus on the Uniform Probate Code and the Uniform Trust Code rather than the law of any particular state.

Sentencing Seminar 2 1763 Law 633

 This course examines the ways in which U.S. governments sanction criminal offenders, the goals and rationales of such sanctions, and the limiting role potentially played by the Constitution in their imposition. The sanctions themselves range from the nominally civil sanctions of monetary fines and sex offender registration and community notification to the indisputably criminal sanctions of prison and death. These and other sanctions are examined, providing students with a theoretical and practical understanding of contemporary U.S. crime control strategies.

Prerequisite: Criminal Procedure I, or II or Survey.

Small Business Planning 1009 Law 446

The students will explore alternative solutions to planning issues encountered by small businesses, including formation, compensation to labor and capital and retirements. The course emphasizes income tax planning but requires the synthesis of state partnership and corporate law,and other non-tax rules with tax planning. Suggested but not required prerequisite: Law 303 Corporations or Law 320 Business Associations and Law 311 Federal Income Taxation.

Spanish for Lawyers 1966 Law 711

Spanish for Lawyers is a one credit course that will give students an opportunity to use Spanish language skills in a legal context.

The class will begin with a grammar review and an introduction to basic legal vocabulary in Spanish. Each class will then concentrate on one substantive area (i.e. Family Law, Immigration Law, Criminal Law and Business/Employment Law). Students will learn and be able to use in an oral and written context vocabulary related to each area. Oral exercises including discussion and role play will help students to further develop listening and speaking skills. Literature and films appropriate to the topics will be used to stimulate discussion related to the legal issues involved and the realities of Spanish speaking clients in the U.S.

The course will meet once a week for 50 minutes. Materials will include The ABA Legal Spanish Phrasebook, Al Tanto: Catorce Cuentos Contemporaneos, Cinema for Spanish Conversation, and various legal documents in the target language. This will be a Pass/Fail course. Students will be evaluated through vocabulary quizzes, performance on oral role playing exercises, and a final group project or written/oral exam TBD. Students should have intermediate or advanced proficiency in spoken and written Spanish.

Special Education Advocacy Clinic 1861 Law 782

In this one-semester, multi-disciplinary, graded clinic, law students will assist children with special needs and their families in special education matters. This may include assistance in eligibility meetings, Individualized Education Program (IEP) meetings, discipline matters, mediation, administrative hearings, complaint drafting, and court proceedings. Clinic skills include interviewing, counseling, problem solving, informal and formal written and oral advocacy, negotiation, mediation, development of case theory and strategy, and file management. Students will identify obstacles, defuse emotions, and clarify legal issues. They will learn how to put a case together for a successful outcome, while managing client expectations and meeting client goals. In this clinic, the students will also teach parents effective advocacy and negotiation skills through public presentations and preparation of materials. Students will be graded on the quality of their work in educating families, representing clients and handling multiple cases, their ability to work collaboratively with other students in the clinic and those from other disciplines, and their written work associated with client representation. Students receive detailed grading criteria at the start of the semester. Students will be required to attend class sessions, work on clinic cases, attend regular case meetings with the Professor, and assist clinic operations when requested. Students are required to work on clinic cases and assist clinic operations for 8 hours each week, including case rounds and meetings with the supervising attorney. This is a 3 credit graded clinic.

Special Topics in Bankruptcy Law: Bankruptcy & Bailout 1979 Law 681

This seminar will examine the 2008-2009 financial crisis through the lens of bankruptcy law and policy, focusing on the auto bailouts and the new regulatory response to the problem of insolvent banks that are "too big to fail." Bankrupty Law is a prerequisite for the class. A paper will be required.

Special Topics in Employment Law 1874 Law 718

This course will be taught as a series of experiential exercises and role playing units applying substantive employment discrimination law. It is intended to prepare students to perform and understand the role of an equal employment opportunity officer in corporate, educational and governmental contexts. Students will become familiar with sets of tasks ordinarily performed by these officers. They will deal with a range of ethical issues including conflict of interest questions, ethics of compassion and employer loyalty as well as learning to deal with non-lawyer decision makers regarding legal issues. While prior course work in Employment Discrimination may be helpful, there are no specific prerequisites for this course. Course readings will consist of a variety of materials including selected employment discrimination cases, readings in mediation, counseling and negotiation as well as EEOC charge guidelines and Department of Labor regulations.

This course will be graded on a Pass/Fail basis based on attendance and participation in practical exercises during each class meeting. There will be no examination and this course does not satisfy the writing requirement.

Special Topics in Environmental Land Use Seminar 1664 Law 626

 The seminar will examine a range of topics related to the achievement of environmental objectives at the local level of government. The seminar will contain two components: a traditional seminar and an in-the-field practice element. Topics to be considered in the seminar will include water resource protection, land preservation, wildlife and endangered species protection, Brownfields preservation, and aesthetics and architectural control. Other subjects may be added and some may be deleted. This seminar will also contain a required local government practice component where students will be assigned to nearby local government attorneys for work resolving a real land use or environmental issue. This may require work with local governments, presentations before commissions or elected bodies or representation of the local government interest in court. Course requirements are: 1) seminar participation, 2) local government practice, and 3) the preparation of a 15 page paper. This course will not satisfy the Writing Requirement.

Special Topics in Environmental Law Seminar: Climate Change 2 1518 Law 510

This course will examine the phenomenon of global climate change and its implications for law and policy across all institutional levels. Climate change will be examined both as a physical and social phenomenon with implications for scientific, legal, economic, and political systems. In addition to exploring the global response, the course will study the US approach, including federal, state, local and private initiatives. Topics of study may include, among others, renewable energy, sustainable land use, property rights and climate change, carbon sequestration, and regulation of greenhouse gas emissions.

Special Topics in European Internet Law 1816 Law 390

The aim of the course is providing with an overview of the main aspects of the law of the internet in Europe. After a technological and social introduction on the internet as such, the course will cover four main topics from the European perspective: general issues concerning internet regulation and governance (with particular emphasis on jurisdiction); civil rights in cyberspace (especially privacy and free speech); copyright and industrial property in the internet; and European views concerning the regulation of forefront technological trends like the internet of Things and Cloud computing.

Special Topics in Judicial Administration 1911 Law 636

What precisely are judges (individually) and courts (organizationally) responsible for accomplishing on a day-to-day basis? And if they do not satisfy those responsibilities, what mechanisms exist to hold them accountable? Using a series of contemporary case studies, this 1-credit mini-course will explore the inherent tension between judicial accountability and independence and its practical and political ramifications in the contemporary justice system.

Special Topics in Juvenile Law 1930 Law 598

This course is an introduction to the practical aspects of practice in juvenile court, principally delinquency cases, and to the underlying philosophy of delinquency adjudications. The course focuses on the differing roles of counsel for juveniles; the challenges of representing, prosecuting, and being the guardian for children in various phases of the court process; and the shortcomings of current systems of juvenile justice as well as novel reform programs throughout the U.S. This course is an excellent compliment to youth law, which covers the law of delinquency and other juvenile court proceedings in more depth, and students are encouraged to take both courses.

Special Topics in Legal History: The Conduct of Trial in Colonial Virginia 1927 Law 629

Suppose you lived in early Virginia and you came before the colony’s courts as a party in a civil action, or a criminal prosecution. If you were a litigant, who represented you, and how did the cause proceed from filing to judgment? In what court was your case heard? What avenues of appeal were open to you? If you were an accused felon what court tried you? What rights were yours from arrest to trial? How did you defend yourself? If you were found guilty, could you appeal your conviction? In what manner did colonial magistrates deal with petty criminal offenders? Answering these questions invites explorations of colonial judicial proceedings with an eye toward discerning differences between how courts worked in Colonial Virginia in the 17th and 18th centuries in comparison to their operation in modern times. An understanding of how things worked also requires a grasp of the early courts, their jurisdictions, their staffing, where they met, and how they changed from the 1620s to the 1770s. Hence, this mini course offers students an opportunity not only to learn about colonial era courts and trials but also to appreciate how these practices influenced the development of modern judicial process.

Each student will write a paper that addresses an aspect of the conduct of trials in early Virginia. Papers should run to a length of at least 10 pages, but no more than fifteen pages - roughly 2500 to 3750 - excluding annotations. I will detail the nature of the paper more at large in the syllabus, which I will post on line in the summer, and at the first meeting of the class. The papers will stand in lieu of a written examination.

Seventy-percent of the final grade will be based on the seminar paper, and thirty percent will rest on class participation.

Special Topics in Special Education Law 1986 Law 649

This one week mini-course features national and regional experts teaching the following topics: special education case law, legislation, and regulations; utilizing evaluations, tests and measurements in determining eligibility in special education, and in the preparation of Individualized Education Programs and Section 504 Plans; issues of juvenile justice, behavior and discipline for students with disabilities; strategies for negotiating with schools and working with parents; dispute resolution procedures in special education; preparing legal claims and remedies on behalf of students with disabilities who are denied an appropriate education; and creating systemic change in the system. Students will attend more than 25 hours of instruction with fellow attorneys, law students, and experienced advocates interested in learning how to represent children and families in special education. Preparation for and participation in all sessions is required, as well as a paper of no less than ten double-spaced pages on a mutually agreeable topic, due to Professor Roberts by August 10th. This is a two-credit graded course. Further scheduling details can be found on the PELE Clinic website.

Special Topics in Sports Law 1931 Law 663

This seminar will provide an in-depth overview of the legal principles that shape the world of sports. It will explore the intersection of sports and the traditional 1L courses of contracts, torts, criminal and constitutional law while also identifying and analyzing other significant sports law issues which may include athlete representation, collective bargaining, antitrust, Title IX, and intellectual property. Students will be asked to lead one discussion of a case study examining a salient sports saga against the backdrop of a studied legal principle, and to submit a paper (20 pages, excluding footnotes) on a topic chosen by the student after consultation with the instructor.

Sports Law 69 Law 455

This course will introduce a compendium of legal issues as they apply within the context of professional and amateur sports. The course will also provide both practical and theoretical approaches to sports industry legal issues. The negotiation of sports contracts, the argument of preliminary injunctions and the conducting of hearings on discipline and gender equity issues will be discussed. Readings will consist of case law in the sports area as well as sports law articles of interest.

State & Local Government Externship 1834 Law 753

1-3 credits summer/fall/spring Students earn academic credit by working for state or local government agencies and offices, such as city/county attorneys or attorneys general (other than the Virginia Attorney General, which is covered by the separate Virginia Attorney General Externship). Placements with prosecutors and public defenders are covered by the Criminal Litigation Externship. See the Externship Manual and each semester’s syllabus for details.

State & Local Government Finance: Power, Debt, and Special Interests Seminar 1659 Law 552

This seminar first will address the common state constitutional limitations on debt incurrence by state and local government entities and the historical reasons for such limitations. It will examine the increasingly common devices by which such limitations are avoided or undermined. The seminar then will address the legal and policy issues raised by the increasing use of government borrowing to support a wide range of "private activities," including public-private partnerships, inducements to businesses to locate or expand and subsidies to professional sports teams. It will consider whether the political process makes it too easy to incur debt or unfairly magnifies the ability to private businesses to promote governmental debt that serves their own special interests. It will also examine the current trend toward "privatization" of public assets. Virginia cases will be used where relevant.

State Secret Privilege 1798 Law 392

Analysis of Supreme Court case in United States v. Reynolds (1953) that first recognized the State Secrets Privilege and its application to current SSP cases involving such issues as NSA Surveillance and the "Extraordinary Rendition" of individuals by the United States to other countries for interrogation and likely torture (the cases of Khaled el-Masri and Maher Arar). What standards of review should be followed by federal courts? Deference, utmost deference, or a more independent judicial check? What "balancing tests" should be applied by courts to both protect state secrets and protect the rights of litigants to challenge government practices? What might Congress enact to clarify this area?

Statistics for Lawyers 1755 Law 302

This course introduces basic statistical analysis and its application to problems that arise frequently in litigation. It covers the concept of distributions and summary statistics; statistical sampling; analyzing the validity of data collection methods; basic hypothesis testing; and methods for studying correlations in data. The course will cover a variety of legal applications of statistics, including discrimination litigation, use of DNA to identify individuals, products liability, and discrimination in jury selection. The course assumes no prior knowledge of probability or statistics. It will emphasize broad understanding over the details of calculation. Grading will be based on weekly homework assignments and a final exam.

Statutory Interpretation Seminar 1939 Law 638

This seminar is a scholarly exploration of the modern debate about how courts should (and do) interpret statutes. The course is not designed to be a comprehensive survey of thinking about statutory interpretation. Rather, the course is designed to introduce you to, and encourage you to think critically about, several of the major theories and themes that inform the modern debate (the virtues and vices of, for example, textualism, purposivism, legislative history, and the public choice theory of legislation). It is also designed to give each student an opportunity to sharpen his or her skills of critical analysis by writing critiques (and also defending) articles addressing issues of statutory construction. Grades will be based on two short written critiques (approximately 10 pages a piece) and classroom participation.

Supreme Court Seminar 1641 Law 619

This course will look at the Court's most recent term as well as the current term; this course will also provide students with an opportunity to meet leading advocates & commentators. There will be seven or eight class sessions over the course of the semester (between September 10 and November 12); students will also attend parts of the annual Supreme Court Preview program, Friday Sept 28 (around 4-7) and Saturday September 29 (lunch as well as morning or afternoon sessions). Over the course of the semester, students will discuss last term's health care decision, discuss whether the Court is ideologically divided along Democratic/Republican lines, discuss the affirmative action issue now before the Court, and meet with (among others) Erwin Chemerinsky (Supreme Court advocate and academic commentator), Rick Hasen (election law scholar), and (tentatively) John Yoo (former Justice Department official and academic commentator). Students earning one credit will write three short papers (each around 4 typed pages) about issues now before the Court; students earning two credits (with instructor permission only) will write three short papers and one longer paper (around 10 pages).

Takings & Just Compensation Seminar 2 1491 Law 550

An exploration of both age-old and modern takings and just compensation law questions. We will consider the age old issues of: drawing the line between taxation and takings; drawing the line between governmental torts and takings; creating private powers of eminent domain; defining the contours of the "public purpose" requirement; and determining the extent to which the state can waive its power to take property. The modern topics will include: deciding what components of an individual's wealth define the "denominator" in deciding whether a government taking of one piece invokes the just compensation requirement; assessing the wisdom of recently enacted statutes widening property owners' right to compensation; and applying the social sciences in novel ways as tools for evaluating alternative rules of eminent domain law.

Satisfies the Writing Requirement.

Tax Planning for Small Businesses Seminar 2 1579 Law 640

This seminar will explore the issues presented in the planning of major transactions common to small business. The class will consider three or four problems that require synthesizing the sometimes competing rules drawn from different areas of the law including income taxation, state partnership and corporate law, securities law, trade law and foreign law.

Students will prepare relevant documents and submit written analyses of problem areas. Attendance in the first week of this course is mandatory for enrollment.

Tax Research Methods 1426 Law 728

This course is an introduction to tax research. The course will consist of explanation of sources of tax authorities, primary code, legislation, regulations, rulings and cases, and secondary treatises and commentary; how to navigate them (including electronically). Research and papers involving substantive issues and locating authorities are required. A one-hour exam will cover the area of return preparer responsibility (this includes an attorney rendering advice reflected on the return). Prerequisite: Law 311 Federal Income Taxation.

Terrorism & the Law Seminar 1 1533 Law 543

Terrorism is a special form of political violence that has been used throughout history by both states and sub-state organizations to sustain a wide variety of causes. This course examines the challenges faced in protecting against and responding to acts of terrorism, includng the conflicts of law, jurisdictional limits imposed by international and domestic legal regimes, and the need to balance increased security measures against protection of civil liberties. The course satisfies the Writing Requirement.

The Resurgent Role of Legal History in Modern Supreme Court Cases 2 1910 Law 651

Taught by Judge D. Arthur Kelsey of the Virginia Court of Appeals, this course examines the increasingly prominent role legal history plays in modern U.S. Supreme Court opinions. The class will survey recent cases decided primarily with historical reasoning, examine the cited historical sources directly, and consider academic praise and criticism of the judicial invocation of legal history--all toward the goal of equipping students to confidently incorporate historical argument into their legal thinking as well as their future advocacy.

Title Insurance 1848 Law 314

This course considers the topic of land title and the potential encumbrances and defects that might exist. It will focus on title insurance as an evolved form of risk management with special attention given to the principal title insurance policies currently in use. In particular, the course will discuss the insuring provisions of both the lender's and the owner's policy, exclusions from coverage, claims and claim processing, significant other policy provisions and risk analysis. This class is highly interactive with an emphasis on practical solutions.

Topics in Disability and Bioethics Seminar 1838 Law 671

This mini-course will look at areas where disability law and policy intersect with bioethics concerns. Topics to be covered will include some mixture of: medical versus sociological perspectives on defining disability; end-of-life choices including assisted suicide; the morality/desirability of passing on disabling characteristics versus mitigating disability/disabled persons; Deaf culture; personal autonomy (including parenting and abortion decisions); and legal capacity (currently the international hot-button issue). Reading materials will be distributed in advance. Class grade determined by attendance and a 10 page reaction paper.

Torts 19 Law 107

A survey of the legal system's responses to problems arising from personal injury and property damage. Concentration on the legal doctrines relating to liability for harm resulting from fault and to strict liability. Analysis of the goals and techniques of accident prevention and compensation for loss.

Trademark Law 816 Law 442

Covered first will be broad concepts of unfair competition and trademark law, followed by a close analysis of how trademark rights are gained and lost, as well as issues arising out of the trademark registration process. Further discussions will focus on trademark infringement and available remedies. The course will conclude with a detailed examination of federal unfair competition law, authors' and performers' rights, trademark dilution, and lawful unauthorized use.

Transnational Litigation 817 Law 482

This course will explore some of the challenges faced when suing foreign defendants in American courts. We will consider issues such as the extraterritorial reach of American statutes, the limits of personal and subject matter jurisdiction, choice of law problems, problems in the discovery process, problems of enforcement, diplomatic interference, and some of the alternatives to traditional litigation, especially international arbitration.

Trial Advocacy - Basic Advanced Litigation 89 Law 720

An advanced litigation course intended for those students who have a substantial interest in litigation. The course is designed to develop the student's skill as a trial lawyer for both civil and criminal cases. Trial Advocacy will deal with trial strategy, jury selection, opening statements, presentation of evidence, including the examination of witnesses, closing arguments, and preparation of jury instructions. Evidence presentation and related technologies will be fully integrated into all aspects of the course. A trial will be required. This is a pass/fail course. Students may not also enroll in any other Trial Advocacy section (Tech Trial Ad nor National Trial Team Trial Ad).

Prerequisite: satisfactory completion of Legal Skills I, II, III, IV, Ethics and Evidence. Open to third-year students only.

Trial Advocacy - National Trial Team 1677 Law 720

An advanced litigation course intended for those students who have a substantial interest in litigation. The course is designed to develop the student's skill as a trial lawyer for both civil and criminal cases. Trial Advocacy will deal with trial strategy, jury selection, opening statements, presentation of evidence, including the examination of witnesses, closing arguments, and preparation of jury instructions. Evidence presentation and related technologies will be fully integrated into all aspects of the course. A trial will be required. This is a pass/fail course. Students may not also enroll in other Trial Ad sections (namely, Basic Advanced Litigation nor Tech Trial Ad).

This course is open only to and is required for National Trial Team members. Prerequisite: Successful placement to the National Trial Team.

Trial Advocacy: Technology Augmented 1477 Law 720

An advanced litigation course intended for those students who have a substantial interest in litigation. The course is designed to develop the student's skill as a trial lawyer for both civil and criminal cases. Trial Advocacy will deal with trial strategy, jury selection, opening statements, presentation of evidence, including the examination of witnesses, closing arguments, and preparation of jury instructions. Evidence presentation and related technologies will be fully integrated into all aspects of the course. A trial will be required.

Particular attention will be given to integrating courtroom technology to trial presentation.

This is a pass/fail course open to second-year and third-year students. Students may not also enroll in other Trial Ad sections (namely Basic Advanced Litigation nor National Trial Team Trial Ad).

Prerequisite: satisfactory completion of Legal Skills I, II and Evidence.

Trial Strategy and Persuasion 1647 Law 731

This is an advanced trial advocacy course designed to hone learned skills of trying cases. Through lecture and simulation, the course will provide techniques for both prosecution and defense in civil and criminal cases. Students will role play during most class periods. Course will be graded on skills learned and class participation. Prerequisite: Evidence or Trial Advocacy. This course is only available to and is strongly suggested for Trial Team members.

Trusts & Estates 1010 Law 305

A study of the law governing inter vivos and death time gratuitous transfers of property. Aspects covered include transfers under intestate succession statutes; the law of wills, including the formalities of execution, testamentary capacity, undue influence and fraud, interpretation, and revocation; non-probate transfers; the law of trusts, including methods of creation and termination, rights and interests of the beneficiary, and special problems relating to resulting, constructive and charitable trusts; and fiduciary administration, including an introduction to probate proceedings and problems of trust administration.

Professor Dwyer's class will focus on Virginia law, and so, is particularly appropriate for those planning to take the Virginia Bar Exam.

US Attorney Externship 1830 Law 756

1-3 credits summer/fall/spring Students earn academic credit by working for the civil or criminal divisions of U.S. Attorney offices. See the Externship Manual and each semester’s syllabus for details.

Veterans' Benefits Clinic I 1837 Law 780

In this multi-disciplinary clinic, students will learn veterans disability law and procedure and will aid military veterans in the filing, adjudication, and appeal of their disability claims with the Veterans Administration. Law students will work within the curriculum to create and deliver outreach programs to veterans covering the legal aspects of a disability claim. Students will also advocate and negotiate for veteran clients orally and in writing to administrative boards and the Court of Appeals for Veterans Claims to appeal adverse decisions of the veterans' claims. Students will work in conjunction with the psychology students at VCU to refer clients for assessment, counseling, and therapy as needed, and may work with graduate students from additional disciplines in responding to veteran client needs. Weekly class sessions and supervisory case meetings will be held, with occasional sessions at VCU. Students will also be required to staff weekly office hours to assist with veteran inquiries. VBC1 is three credits and is graded. Students interested in VBC2 must take VBC1.

Veterans' Benefits Clinic II 2 1864 Law 783

This course requires a 20 page paper or comparable project that identifies a problem with the current veterans disability process, and designs a solution to address that problem, or studies the impact of disabled veterans on a particular community, with identification of any anticipated need for additional resources, or increases awareness and education about the veterans disability process to veterans and their families. Two thirds of the grade will be based on the paper or the project, with one third of the grade awarded for a student's work in advocating for the clinic's veteran clients. This course builds on the student's work of VBC1. VBC1 is a prerequisite.

Virginia Attorney General Externship 1026 Law 752

2-3 credits summer/fall/spring Students earn academic credit by working for divisions/sections of the Virginia Attorney General’s office. See the Externship Manual and each semester’s syllabus for details.

Virginia Civil Procedure 1011 Law 419

Covers procedural law for both law and equitable claims, including applicable statutes, rules of court and cases interpreting the statutes and rules. Appellate procedure for both the Court of Appeals of Virginia and the Supreme Court of Virginia are covered. Prerequisite: Third year status

Virginia Criminal Procedure 1607 Law 397

A review of the Virginia statutes and Rules of Court governing criminal procedure in Virginia. Covers Virginia Code Title 19.2 and Rules of the Supreme Court of Virginia, Parts 1, 3A, 5 & 5A [the latter two dealing with appellate procedure for criminal cases] together with some of the cases dealing with the statutes and rules. Topics include jurisdiction, venue, pre-trial motions and procedures, competency and insanity issues, trial, sentencing and appeals. It is not a constitutional law course except for some discussion of how state statutes and rules comport with constitutional requirements. Course is structured for students who wish to do criminal litigation, either as defense counsel or prosecutor. Required Prerequisite: Criminal Law. Recommended Prerequisite: Criminal Procedure Survey or Criminal Procedure I or Criminal Procedure II. This course is open to 2L and 3L students.

Virginia General Assembly Externship 1649 Law 781

1-3 credits spring Students earn academic credit by working for members of the Virginia Senate or House of Delegates during the spring General Assembly session. See the Externship Manual and each semester’s syllabus for details.

W&M Business Law Review 1940 Law 764

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

W&M Environmental Law and Policy Review 837 Law 762

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

W&M Law Review 838 Law 760

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

W&M Women and Law Journal 1405 Law 763

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

White Collar Crime 819 Law 440

Topics covered include RICO, mail fraud, tax fraud, bank secrecy and currency reporting offenses, false statements, forfeiture statutes, and selected procedural problems in the prosecution of white collar crimes, including privilege against self-incrimination issues, attorney-client privilege issues, and double jeopardy issues arising from duplicative state and federal prosecution.

Youth Law 1434 Law 488

This course covers child abuse and neglect, adoption, legal representation of children, emancipation, status offenses, delinquency, trial of minors as adults, and the constitutional rights of youths.

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

Content manager: Lizbeth Jackson

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