Courses: School of Law
LAWS (School of Law)
LAWS 1101. Contracts. 4 Units.
The formation of a contract; problems of offer and acceptance; consideration; the question of contract breach; damages and remedies for a breach. Required.
LAWS 1102. Criminal Law. 3 Units.
A basic course in substantive criminal law, dealing with the standards to be used in defining and punishing criminal behavior. The course includes discussion of crimes and criminality; culpable mental states; causation; insanity; attempt and complicity; homicide; and rape. Required.
LAWS 1103. Torts. 4 Units.
This course covers compensation of an injured party for harm resulting from intentional or unintentional acts and omissions of others. Consideration is given to the rules, rationale, and policy underlying tort liability. The course includes analysis of assault and battery, false imprisonment, negligence, standard of care, duty, risk, causation, liabilities and rights of landowners and land users, liability relating to dangerous activities and defective products, liabilities arising from special relationships or specially recognized legal interests, and defenses. Required.
LAWS 1201. Civil Procedure. 4 Units.
A broad survey of the procedural development of a lawsuit is undertaken, tracing the various steps from pleading and discovery to trials and judgments. Modern procedural issues involved in jurisdiction of the courts, venue, choice of law, and former adjudications are discussed. Throughout the course principal attention is given to the Federal Rules of Civil Procedure. Required.
LAWS 1203. Property. 4 Units.
The nature of property interests; estates in land and future interests; concurrent ownership; landlord-tenant; transfer of property interests; easements, covenants, and equitable servitudes; nuisance; and zoning. Required.
LAWS 1204. Law, Legislation and Regulation. 3 Units.
Law, Legislation and Regulation is a required first-year course designed to introduce students to the structure of US government, the legislative process, principles of statutory interpretation, the operation of administrative agencies and regulatory process.
LAWS 1801. Legal Writing, Leadership, Experiential Learning, Advocacy, and Professionalism 1. 3 Units.
Students will study the fundamental lawyering skills of researching, analyzing, and writing about the law in LLEAP I (Fall semester of first year) and LLEAP 2 (Spring semester of first year.) Skills include objective analysis and writing, complex factual and legal analysis and persuasive writing. In the simulation portion of the course students will begin to develop the basic skills of client counseling and oral advocacy.
LAWS 1802. Legal Writing, Leadership, Experiential Learning, Advocacy, and Professionalism 2. 3 Units.
Students will study the fundamental lawyering skills of researching, analyzing, and writing about the law in LLEAP 1 (Fall semester of first year) and LLEAP 2 (Spring semester of first year). Skills include objective analysis and writing, complex factual and legal analysis and persuasive writing. In the simulation portion of the course students will begin to develop the basic skills of client counseling and oral advocacy. The LLEAP 2 course particularly focuses on legal transactions. Students will learn the basic principles of reading, analyzing and drafting a contract, including identifying and developing substantive deal terms and contractual processes that should be added to the contract, although not identified by the client. By means of a simulated negotiation, the students will conduct a mock client interview and a business negotiation. Prereq: LAWS 1801.
LAWS 1901. International Law: Fundamentals. 1 Unit.
This course will examine the sources and nature of international law, as well as the processes by which international law is created, interpreted, and enforced. It will also cover substantive areas of international law such as use of force, international criminal law, law of the sea, international environmental law, and human rights law. The course utilizes simulations and role play exercises. This foundational course will be required for any students undertaking a Cox Center funded international law internship during the summer after 1L year. The course will also provide a provide a suitable foundation for taking any advanced international law course and is a required course for the International Law Concentration.
LAWS 1903. Contemporary Issues in Criminal Law Practice. 1 Unit.
The practice of criminal law at the federal level involves many of the most difficult issues practitioners face: how do you best navigate the structure of the federal court system in a way that is advantageous to your client? What is a trial exactly, and how does it work? If someone is convicted of a crime, what happens next? Are we incarcerating too many people in America? Why is there such a stark racial and socio-economic disparity between criminal defendants and other courtroom actors? This seminar introduces those issues, and provides a window into the lives of Assistant United States Attorneys, Assistant Federal Defenders, Magistrate Judges, and other federal practitioners.
LAWS 1905. Legal Analysis and Problem Solving. 1 Unit.
This course provides students with an opportunity to enhance their legal analysis and exam-writing skills. The course also focuses on key components of law school success, such as maximizing the classroom experience, effective reading and briefing of case law, and exam preparation.
LAWS 1906. Professionalism: Essential Competencies and Characteristics of a Successful Lawyer. 1 Unit.
This course involves exploration of professional competencies and characteristics that are essential eligibility requirements for bar admission and that employers have identified as critical to success in the legal profession. These include: honoring commitments, integrity and trustworthiness, diligence, listening, good judgment, compliance with deadlines, and civility. Students will evaluate how their own strengths and weaknesses fit with these competencies and characteristics, and consider how to develop them throughout law school and also communicate them to potential employers and colleagues.
LAWS 1909. Permitting Offshore Wind Energy. 1 Unit.
This course offers an administrative/environmental law case study, focusing on how the Icebreaker Wind Project in northeast Ohio triggered the need for permits under several federal and state laws. The class will focus on the relevant laws and regulations, the process employed to comply with the permitting requirements, and the approvals and permits received. The course is especially suited to those interested in the environment and renewable energy as well as those who may plan to enter fields that require an understanding of administrative law.
LAWS 1912. Bioethics and Law I. 1 Unit.
This course will provide an introduction to Bioethics and Law. Bioethics and Law I will focus on end-of-life care and cover topics such as informed consent, medical decision making, capacity, definitions of death, and medically-assisted dying.
LAWS 1913. Pandemic Law and Ethics. 1 Unit.
Introduction to basic legal and ethical issues raised during the current Covid-19 pandemic. Topics include: defining pandemics; understanding the roles of local, state and federal government; identifying the general range of public health powers; and exploring some of the ethical issues which arise in the current environment.
LAWS 1914. Courts, Public Policy, and Social Change. 1 Unit.
Courts, Public Policy, and Social Change will focus on the NAACP's litigation campaign against racial segregation that culminated in the landmark Supreme Court decision in Brown vs. Board of Education and also will examine the real-world impact of that decision. Among the principal topics to be considered are strategies for reforming legal doctrine, the relationship between lawyers and their clients, the use of empirical evidence in the legal process, and methods of implementing judicial rulings.
LAWS 1915. Civil Litigation Practicum I. 1 Unit.
This course will provide first-year students with a "hands-on" opportunity to participate in civil litigation by assisting the instructor with civil-litigation matters handled through the Milton A. Kramer Law Clinic Center. While first-year students (unlike third-year students) are not permitted to practice law under Ohio's legal-intern rule, see generally Ohio R. Gov. Bar II, they are permitted to assist by interviewing clients, conducting fact and legal research, drafting court filings, and assisting in live litigation-related appearances (depositions, trials, appellate arguments). In this course, students will observe and, to the extent permissible, engage in a wide variety of civil-litigation activities. The class sessions will focus on the applicable substantive and procedural law and related issues of case strategy, ethics, and professionalism.
LAWS 1916. Artifact Law. 1 Unit.
This course provides an introduction to art law by addressing the law governing who is entitled to possession of archeological and historical artifacts. It considers the relative rights of finders and other persons, the rights of persons who take possession of such artifacts by way good faith purchase or who simply have possession for a long time. The problem of international movement of artifacts and resulting conflict of laws is introduced. The impact of governmental assertions of ownership over "cultural" property is examined, as are international treaties relating to artifacts. The course complements the basic Property course, emphasizing doctrines applicable to personal property.
LAWS 1918. Housing Law Practicum. 1 Unit.
The Housing Law Practicum will give students an introduction to the roles that lawyers can play in their community and will combine work, readings, observations, and active participation in brief advice clinics. The classroom portion of the course will begin with an introduction to Cleveland housing patterns and racial segregation. This will be followed by classes on landlord-tenant law and an introduction to the role of lawyers in housing matters, with an emphasis on the lawyer as change agent. The Practicum portion of this course will include observing Cleveland Housing Court and will culminate with students actively participating in brief advice clinics. Prereq: Enrolled in the Juris Doctor (JD) program.
LAWS 1919. Juvenile versus Criminal Justice: A Comparative Analysis. 1 Unit.
The course will introduce students to juvenile law and the jurisdiction of the juvenile court by focusing on delinquency, the criminal equivalent in the juvenile justice system. It will start with the formation of juvenile courts and their underlying philosophies to provide historical context. Then the course will examine the stages of delinquency proceedings, focusing on comparing and contrasting them with criminal proceedings. The course finishes with some of the reforms affecting juvenile justice today and current trends in the law. The course makes use of secondary materials to introduce concepts and provide more global perspectives of issues. It will also help students practice foundational skills like writing case briefs and reading and interpreting statutes and rules of practice and procedure. An optional tour of the Cuyahoga County Juvenile Court and attached Detention Center will also occur, with an opportunity to meet with judges and magistrates. Prereq: Enrolled in the Juris Doctor (JD) program.
LAWS 1924. Courts, Public Policy, and Social Change II. 1 Unit.
Courts, Public Policy, and Social Change is designed to offer students a perspective on the social impact of law and legal institutions. The course will focus on legal challenges to discrimination based on race and sex. Among the principal topics to be considered are strategies for reforming legal doctrine, the relationship between lawyers and their clients, the use of empirical evidence in the legal process, and methods of implementing judicial rulings. Part II will examine the litigation campaign against gender discrimination.
LAWS 1925. Civil Litigation Practicum II. 1 Unit.
This course will provide first-year students with a "hands-on" opportunity to participate in civil litigation by assisting the instructor with civil-litigation matters handled through the Milton A. Kramer Law Clinic Center. While first-year students (unlike third-year students) are not permitted to practice law under Ohio's legal-intern rule, see generally Ohio R. Gov. Bar II, they are permitted to assist by interviewing clients, conducting fact and legal research, drafting court filings, and assisting in live litigation-related appearances (depositions, trials, appellate arguments). In this course, students will observe and, to the extent permissible, engage in a wide variety of civil-litigation activities. The class sessions will focus on the applicable substantive and procedural law and related issues of case strategy, ethics, and professionalism. Civil Litigation Practicum I is a prerequisite to Civil Litigation Practicum II. Prereq or Coreq: LAWS 1915.
LAWS 1931. Race, Law and Society. 1 Unit.
This year long, one credit course will allow students to explore the ways systemic racism operates in our legal, social, economic, political and cultural institutions. Students will read a seminal literary work that examines race in American society. In six meetings over the course of the academic year, the class will meet for 90 minutes to discuss the work. In addition, students will attend six one-hour presentations which examine ways in which the law has given shape to and/or perpetuated racial inequities in, for example, housing, banking, criminal justice, health care outcomes, employment, and media. These sessions will continue the themes emerging out of the assigned materials, and structured to allow students to interrogate specific institutions - their structures, benefits, faults, and reform opportunities.
LAWS 2001. Professional Responsibility. 3 Units.
This course deals with questions underlying the responsibilities of the lawyer, as a professional, to self, society, client, and the profession. Premises concerning the lawyer's role or roles within the context of the adversary system are examined in some detail, as is the idea of professionalism. The Model Code of Professional Responsibility and the Model Rules of Professional Conduct are analyzed as generalized statements of the aspirations and obligations of lawyers, and as applied to concrete problems. Required.
LAWS 2002. Constitutional Law I. 4 Units.
The constitutional system of the United States; judicial function in constitutional cases; the division of powers between the nation and the states and within the national government; the powers of the president; national and state citizenship; and constitutional limitations on the powers of the states and nation for the protection of individual liberties. Required.
LAWS 2803. Legal Writing, Leadership, Experiential Learning, Advocacy, and Professionalism 3: Advanced Skills. 3 Units.
This course continues to develop the legal skills introduced in LLEAP 1 and 2 courses. Students will continue their study of legal research, analysis, and advocacy in this advanced writing course. Two sections will be offered each semester providing students with the choice of focusing on Litigation or Transactional work. Students will engage in simulated counseling with clients such as, negotiations, case management conferences, and firm meetings. In the Transactional section, students will work through an entire transaction starting with a letter of intent, continuing on to contract drafting and due diligence, and ending with the closing. In the Litigation section, students will be exposed to the entire spectrum of litigating a case, including pleadings, discovery, dispositive motions, pretrial filings, trial, and appeal.
LAWS 3501. Introduction to Financial Integrity. 4 Units.
This course will introduce students to laws, policies, and practices in combatting money laundering, terrorism financing, and evasion of targeted sanctions. It focuses on the Financial Action Task Force's 40 Recommendations and Methodologies for Assessing Compliance, and cites examples of compliance assessments from jurisdictions from around the globe. Prereq: Students enrolled in MA Financial Integrity program.
LAWS 3502. Preventive Measures. 4 Units.
This course examines in detail measures that banks and other financial institutions are required to implement as financial integrity preventive measures. Focuses on risk assessment, customer on boarding and acceptance, record keeping, customer activity monitoring, suspicious activity report preparation, internal controls, and the supervisory process. Risk assessment techniques will be emphasized. Also, the course reviews the FATF preventive measures standards and methods of compliance assessments. A sampling of key national laws and regulations, including those of the United States, is included.
LAWS 3503. Operational & Law Enforcement. 4 Units.
This course will examine the operations of national financial intelligence units in analyzing suspicious activity reports and other data and information and in creating actionable intelligence from that information. It will then review the investigation and prosecution of both criminal and civil prosecution of financial integrity crimes. The course will also review the FATF operational and law enforcement standards and methods of compliance assessments. A sampling of key national laws and regulations, including those of the United States, will be included. Prereq: Must be enrolled in the Executive Master of Arts-Financial Integrity program.
LAWS 3504. International Cooperation in Civil and Criminal Matters. 4 Units.
This course will examine in detail how financial intelligence units, investigators, prosecutors, and investigative judges/magistrates cooperate with officials of other jurisdictions in identifying possible financial integrity crimes, investigating and prosecuting those cases, and recovering assets that are candidates for freezing or confiscation. The course will also review the FATF standards for cooperation in civil and criminal matters and methods of compliance assessments, relevant U.N. conventions, model laws and regulations, and a sampling of key national laws and regulations, including those of the United States. Prereq: Must be enrolled in the Executive Master of Arts-Financial Integrity program.
LAWS 3505. Building and Implementing an Effective Preventive Measures Compliance Program. 4 Units.
The course will examine specific problems that arise in building an effective preventive measures program. In addition to an in-depth examination of selected problems in designing and implementing preventive measures, the course will cover audits, inspections, on-site examinations, and sanctions. It will rely primarily on the presentation and discussion of case studies in each critical area of an effective compliance program, with a focus on the banking sector. Prereq: Must be enrolled in the Executive Master of Arts-Financial Integrity program.
LAWS 3506. Building and Prosecuting Criminal and Civil Financial Integrity Cases. 4 Units.
The course will examine specific problems that arise in building and prosecuting financial integrity cases. In addition to an in-depth examination of selected problems in building and prosecuting cases, we will cover problems in asset tracing and recovery, and will rely primarily on the presentation and discussion of case studies in each critical area of investigation and prosecution. Prereq: Must be enrolled in the Executive Master of Arts-Financial Integrity program.
LAWS 3551. Customer Acceptance & Transaction Monitoring Systems. 2 Units.
This course will consider the use of automated customer acceptance and transaction monitoring systems, as well as follow-up investigations by internal FIUs. It will examine key issues in data base formation, including web-based text recognition and analysis, link analysis, and different forms of statistical discriminant and regression analysis, and forms of data presentation. The course will make use of case studies and will examine current vendor products. Prereq: Must be enrolled in the Executive Master of Arts-Financial Integrity program.
LAWS 3554. Global Justice: Anti-money laundering and financing of terrorism. 2 Units.
The course will focus on practical and theoretical issues of global justice as they pertain to anti-money laundering and combating the financing of terrorism. What are our obligations to international justice? How do they influence financial integrity law law? The course will consider the normative basis of jurisprudence, comparing legal positivism to natural law theory. Next, the course will look at theories of global justice suitable to answer normative questions on what law should aim at. The remainder of the course will consider practical issues that come into play with financial integrity law, such as corruption, poverty, distributive justice, human rights, violence, and war. Prereq: Must be enrolled in the Executive Master of Arts-Financial Integrity program.
LAWS 3555. Blockchain and Artificial Intelligence in Compliance. 2 Units.
This course will cover the rise of technology use in compliance and risk disciplines impacting financial crimes industry. The focus will be on use of artificial intelligence and introduction of new products such as cryptocurrency, initial coin offerings and crypto asset backed offerings lend to increase complexity in the role of compliance when dealing with products and technology without an established roadmap. Content and discussions will examine the changing demands on compliance officers and growing reliance of technology in operational execution of the AML/CFT program. It will review the disparate guidance globally which make the operational implementation and compliance advisory challenging in a fast-paced financial services industry. Prereq: Must be enrolled in the Executive Master of Arts-Financial Integrity program.
LAWS 4101. International Law. 3 Units.
An introduction to basic comparative, transnational, and international law disciplines. Using areas of substantive and procedural law familiar to first-year students, the course examines issues arising from cross-national activity. Students are exposed to choice of law, comparative law, international law, and international institutions.
LAWS 4201. Health Law. 3 Units.
This course provides a broad survey of the fundamental legal issues surrounding the delivery of health care in the United States. It is an introduction to the complex and wide-ranging field of health law. Topics include: health insurance; the regulation of medical professionals and institutions; the clinician-patient relationship; liability of health care professionals and institutions; discrimination in health care; and professional relationships in health care. Students will learn to identify and analyze major legal issues in health care contexts and to understand the interplay among cost, quality, and access to care.
LAWS 4300. Intellectual Property Survey. 3 Units.
This course is designed to provide students with an overview of several areas of law traditionally associated with intellectual property or IP, including copyright law, which pertains to the protection of literary, musical, and artistic creations and has issues replete with First Amendment implications; patent law and trade secret law, which focus on the protection of technological works ranging from chemical formulae, to software, to biotechnology; and trademark law, which relates to the goodwill associated with corporate identity and product recognition. We will also devote time to the study of the philosophy and economics of intellectual property keeping in mind, throughout the course, the need to strike an optimal balance between incentives to create and commercialize intellectual creations on the one hand and public access to these creations on the other hand.
LAWS 4301. Copyright Law. 3 Units.
Copyright law is the in-depth study of the legal doctrine and policy relating to the protection of one's artistic, literary, musical, and computer-related expression. We will focus primarily on the 1976 Copyright Act and amendments thereto, such as the Digital Millennium Copyright Act of 1998.
LAWS 4302. Patent Law. 2 - 3 Units.
Basic concepts of patent law as property considered primarily in its substantive aspects, including the relationship to other forms of protection and intellectual property, infringement, and statutory requirements for patents.
LAWS 4303. Trademark Law. 3 Units.
Trademark Law is the study of how commercial entities use words and designs to identify the source their products and services in the minds of consumers and competitors. This course focuses on domestic and international trademark acquisition, retention, transfer, registration, and infringement. In addition to the common law of trademarks and unfair competition, much of this course will be devoted to studying the statutory scheme of federal trademark law.
LAWS 4311. Patent Preparation and Prosecution 1. 3 Units.
Patent preparation, drafting, and filing of a patent application are the fundamental aspects of patent practice. Students will learn how to conduct a client-inventor interview, what questions to ask the client-inventor and what information is most important to obtain prior to commencing the patent drafting process. Technical aspects of patentability searching will also be explored. In addition, the student will learn the various parts of the patent application and best practices associated with drafting each part. Before the drafting takes place, the class will cover relevant case law. Also, nonlegal, practical aspects such as organization, various grammatical concerns, and other concepts related to patent drafting will be covered. Ultimately, students will take the information provided in the class and draft an actual patent application based upon a simple hypothetical invention. Emphasis will be placed on specification drafting and claim drafting, and how to claim around prior art. Prereq or coreq: LAWS 4302.
LAWS 4312. Patent Preparation and Prosecution 2. 2 Units.
The course builds on Patent Preparation and Prosecution 1 (LAWS 4311) and will focus on aspects of patent prosecution post-filing. In particular, students will learn how to respond to an Office Action rejecting the patent application as is typically encountered during the practice before the US Patent and Trademark Office. The student's response will take the form of an Amendment that will reflect changes made to the claims and arguments relating to patentability. The course will also cover the appeals process. Prereq: LAWS 4311.
LAWS 4315. Patent Agent Lab. 3 Units.
The patent claim is the most important part of the patent application, because it is the claim that represents the metes and bounds of inventor's property right. This Lab is devoted to drafting claims, understanding the different types of claims, and how claims differ depending on the nature of the technology.
LAWS 4401. Business Associations. 4 Units.
This course is an introduction to the law of business associations, including general and limited partnerships, limited liability companies, and corporations. The functions and relationships of enterprise participants, primarily promoters, equity owners, creditors, and managers are investigated. The course covers pre-organizational problems and then canvasses the roles of ownership and management, with emphasis on the special duties (fiduciary and other) imposed on certain participants in publicly and closely-held entities. The regulation of securities fraud, proxy voting and solicitations, and the issuance of securities under the federal securities laws is explored. Fundamental concepts of business financing, including valuation of the concern and claim structure, are investigated. Organic changes, including dissolutions, mergers, and tender offers, are discussed.
LAWS 4402. Nonprofit Organizations Law. 2 Units.
Explores the rationales for the existence of the nonprofit sector and the allocation of certain functions to it. The focus is on the legal framework for the structure and operation of nonprofit organizations under state nonprofit corporation statutes and the policy and practice of preferred tax treatment for selected organizations and gifts to them under the Internal Revenue Code.
LAWS 4404. Sales. 3 Units.
One of the basic courses in commercial law. It serves equally as an introduction to the general organization, structure, and appropriate application of the Uniform Commercial Code. Primarily we study the law of Sale of Goods under Article 2 of the U.C.C. Necessarily this includes a study of products liability law, which is explored under both sales warranty and strict tort liability theories. The interrelationship between these competing theories of products liability law are also investigated. Other specific topics studied are the legal rules applicable to 1) the formation of sale contract, including the battle of the forms, statute of frauds, and parol evidence rule, 2) performance of and excuse of performance from the sales contract, 3) title warranties and title transfers, and 4) remedies for breach of the sales contract. Students may not take both LAWS 381 and LAWS 266 (Sales and Secured Financing).
LAWS 4405. Federal Income Tax. 3 - 4 Units.
An introductory course in federal income taxation of the individual taxpayer, including a consideration of the nature of income, specific statutory exclusions, business and nonbusiness deductions, the treatment of capital gains and losses, and elementary tax accounting.
LAWS 4406. Franchise Law. 1 Unit.
The course will provide an overview of federal and state regulation of franchise sales and will touch on other legal issues (types of business entities, trademark law) encountered when a business proposes to sell franchises. We will address sample franchise agreement clauses, requirements for completing the mandatory franchise disclosure document, and typical franchise related litigation scenarios.
LAWS 4561. Governance, Risk Management, and Compliance. 3 Units.
This course deals with the institutional dynamics that allow compliance officers to interact with business owners and regulators in order to properly risk-manage compliance requirements while creating and enforcing a code of conduct that champions an ethical corporate culture. The students are introduced to the Code of Ethics and corporate governance, including the role of the board of directors and executives in managing firms and overseeing risk management and regulatory compliance. The course covers the detection and handling of potential compliance lapses, including the conduct of investigations and the role of whistleblowers and attorney advisors. Students will explore the broader compliance functions of social responsibility, sustainability, and human rights. This course will be useful as a foundation for any student studying any highly regulated field where risk management is required, such as in the health care or finance settings.
LAWS 4570. Compliance & Risk Management Skills: Planning, Auditing, Investigating, and Reporting. 3 Units.
This course covers the basic concepts of regulatory compliance and risk management and how to: identify the compliance obligations of an enterprise; assess the legal risks associated with these obligations; build a compliance and ethics program that effectively mitigates these risks; roll out an effective program; develop appropriate audit procedures to analyze program effectiveness; correct and improve organizational operations by follow-up monitoring, process change, and education; and lead a response to a regulatory audit or investigation, all while generating value through compliance and ethics. Prereq: LAWS 4561.
LAWS 4711. Technology in Law Practice. 1 Unit.
One of the biggest hurdles for lawyers seeking to adapt to--and adopt--technology affecting their practices is to sort through questions about how that technology relates to traditional ethics rules. In 2009 the ABA Commission on Ethics 20/20 was created to review the impact of technology and globalization on the ABA Model Rules of Professional Conduct. By the time it completed its work in 2013, the commission had developed a number of recommendations, the most significant was the implications of the need to keep up with the changing technology environment as set forth in Model Rule 1.1, which requires a lawyer to provide competent representation to a client. This one credit course (held in an intensive one-week meeting format) will provide law students with the knowledge and practice skills needed to comply with the added language to the comments to Rule 1.1, stating that competence encompasses knowledge about "the benefits and risks associated with relevant technology."
LAWS 4714. Essential Legal Theory. 3 Units.
This course is designed to explore the most fundamental legal concepts. The primary focus is on the characteristics of rules, what rules must be like and how they can 'go wrong'. Other legal norms, such as standards, will also will explored, and the question will be posed: when ought the law to use rules, and when standards? The centrality of such norms to the enterprise we call law will be examined, as well as the question of whether such norms are binding upon the citizen. We consider the nature of justice and how it relates to law, as well as how legal entitlements are structured in terms of rights and privileges. We also examine how these ideas shed light on the nature of legal reasoning. Along the way, we will discuss one of the most common problems generated by misunderstanding the nature of rules and standards: the many confusions surrounding the notion of a stereotype. We pose the question: when and why is decision-making by use of a stereotype improper? In this context, we will examine a number of issues of age, gender, and racial discrimination, among others.
LAWS 4806. Administrative Law. 3 Units.
This course examines the legal and institutional framework within which agencies administer regulatory statutes, with emphasis on procedural and constitutional issues. Major themes include limiting arbitrary action, controlling agency discretion, and promoting governmental accountability. Examples and problems are drawn from a wide range of substantive areas, including business, communications, consumer protection, education, environmental, health and safety, intellectual property, labor and employment law, and real estate law.
LAWS 4807. Criminal Procedure I. 3 Units.
The investigatory stage of the criminal process. Constitutional limitations on searches and seizures, interrogation practices, and pretrial identification procedures are examined. In addition, the exclusionary rule, the principal method for enforcing Fourth, Fifth, and Sixth Amendment rights, is considered.
LAWS 4808. Evidence. 4 Units.
A comprehensive course in the law of evidence as applied in civil and criminal cases. Subjects include relevance, hearsay, judicial notice, privileges, examination of witnesses, expert and lay opinion testimony, and real, demonstrative, and scientific evidence. This course deals with both the practical applications and theoretical underpinnings of the Federal Rules of Evidence and common law precedents. Students may not take both LAWS 207 and LAWS 212.
LAWS 4809. Wills, Trusts, and Future Interests. 3 - 4 Units.
A survey of the law of intestate and testate succession, will substitutes, private and charitable trusts, fiduciary administration, and future interests (including the Rule Against Perpetuities).
LAWS 4810. Entering the Profession. 2 Units.
This course provides an introduction to the testing formats and required skills common to bar exams in United States jurisdictions, including the Multistate Bar Exam (MBE, multiple-choice format); the Multistate Performance Test (MPT, task-oriented essay); and essay questions in various substantive areas (which generally incorporate some state-specific content). Substantive content will be presented to provide raw material for practice testing. Students will earn the course credit by attending at least 80% of class sessions and completing 100% of written assignments with at least 65% success rate. Rewrites and retests will be allowed on request. The course does not comprise complete preparation for any bar exam. Rather, it provides familiarity, study strategies, and test-taking instruction along with limited substantive content.
LAWS 4811. Business of Law Practice. 2 - 3 Units.
This class will expose each student to the introductory realities of the business of the practice of law with an expectation of enabling each student to develop a sole practitioner law practice upon graduation. This class will define the necessary elements for consideration on forming a sole practitioner law practice, then move to how to optimize implementing you law practice business, and finally how to profit from your law practice business while best serving your client. This class will offer an introduction to practical, real life advice and guidance to create, open, and successfully run a sole practitioner law practice. Class will proceed via lecture, discussion, and be highly interactive, with a final project. At the conclusion of this class you will develop an actual business plan that you will then use to implement your successful sole practitioner law practice.
LAWS 4820. Patent Bar Review. 4 Units.
Passing the patent bar is a requirement for practicing before the U.S. Patent & Trademark Office (USPTO). This course will introduce students to 35 U.S.C. (the United States "patent laws") and 37 C.F.R. (Code of Federal Regulations encompassing the patent rules), followed by an in-depth study of the M.P.E.P. (Manual of Patent Examining Procedure), which is the Patent Office's rule book that covers all the patent laws and rules as interpreted by the USPTO. In addition, the course will cover the particulars of the patent bar exam, including questions from prior exams; essential materials the students need to master to pass the exam, and provide students with several opportunities to hone their bar taking skills. Prereq: LAWS 4302 and LAWS 4311 and enrolled in the Master of Patent Practice program.
LAWS 4901. Foreign Graduate Seminar. 2 Units.
This seminar is the required introductory course for foreign students enrolled in the Graduate Program in U.S. Legal Studies. It begins with a series of lectures introducing students to American legal education; American government, courts, and culture; various common law subjects; and professional responsibility. Throughout the year seminar sessions are held with legal practitioners from law firms and corporations in the Cleveland area who are involved in an international practice. Limited to the foreign LL.M. students.
LAWS 4903. U.S. Contract Law. 3 Units.
The subject matter and coverage of this course is approximately the same as the subject matter and coverage of first-year Contracts (LAWS 1101) as abbreviated and modified to reflect that it (a) is limited to foreign students who are candidates for the LL.M. in U.S. Legal Studies and (b) consists of 3 (not 5) credit hours.
LAWS 4904. Doing Business in the United States. 3 Units.
The course is designed to introduce foreign students to many areas of U.S. domestic law through consideration of a transnational business transaction. Examples of areas of law covered: restrictions on foreign investment, regulatory agencies, banking and finance, importing and exporting, business entities, litigation and alternative dispute resolution, labor relations, immigration law, taxation. Limited to candidates for the LL.M. in the U.S. Legal Studies.
LAWS 4910. Language and Law. 5 Units.
This course introduces students to the study of law in the U.S. and provides students with a practical introduction to U.S. legal writing and analysis. The class emphasizes reading, analysis, research, writing, and comprehension skills necessary for students to participate in legal discourse in a law school setting. The class allows international students and professionals to develop language skills in a law-related context. No credit is awarded toward the degree requirements, but completion of this course may a condition of admission to the law school's foreign graduate programs.
LAWS 4911. SJD Seminar. 0 - 2 Units.
This year-long seminar is required of all SJD program students. The purpose of the class is to improve the academic writing skills of SJD students, introduce students to thesis writing, and to improve the English writing skills of those students whose native language is not English.
LAWS 4912. U.S. Legal Research, Writing, and Analysis. 2 Units.
This is a required course for students in any of the Foreign Graduate LL.M. programs. The course is designed to teach English compositional skills and grammar for legal studies. With an English-as-a-second-language focus, this course will seek to teach students the various steps of the writing process, English grammar, and certain aspects of legal composition. The main goal of this course is to enable students to write clearly and correctly within U.S. legal studies and the U.S. legal work place.
LAWS 4922. U.S. Legal Scholarly Writing. 1 Unit.
This is the second of a two-course sequence for students in the Foreign Graduate LL.M. programs. This course focuses on advanced writing schools, with special attention to legal research skills. The course is required for students seeking a degree in the specialty LL.M. programs, and is an elective for other LL.M. students.
LAWS 4930. Intensive English Language Study. 0 Unit.
The course is designed for LL.M. students who have already studied English and are below (but close to) the proficiency level for full-time LL.M. studies. The course seeks student proficiency in spoken and written English. The course provides intensive English speaking and writing course designed specifically for foreign graduate legal studies students needing English language skills to succeed in their legal studies.
LAWS 5110. Contemporary Issues in International and Comparative Law. 1 Unit.
The objectives of the course will revolve around initiating students to the basic concepts and principles of comparative law reasoning and helping students make sense of the increasing dialogue between jurisdictions practicing constitutionalism in a global context with a focus on human rights issues. The coverage of the proposed course will select from the following themes depending on student interest and availability of materials: (a) Freedom of religion, secularism and culture; (b) Freedom of expression and hate propaganda; (c) Freedom of expression and sexual representation; (d) Equality and same sex unions; (e) Assisted suicide; (f) Death penalty; (g) Implementation of human rights in federal or quasi-federal politics; (h) Socio-economic rights; and/or (i) Cultural rights.
LAWS 5111. Admiralty Law. 2 Units.
The general principles of admiralty law including jurisdiction, practice, maritime liens, collisions, salvage, limitation of liability, and the rights of injured maritime workers.
LAWS 5113. Counterterrorism Law. 3 Units.
This course will take an in-depth look at counter-terrorism in the United States, Israel, and other countries. The course will examine the competing conceptions and definitions of terrorism at the national and international level and the institutions and processes designed to execute the "war on terrorism." This will include study of the balance between security and liberty policies in the U.S. Patriot Act, the use of military tribunals or civil courts, the use of assassination or targeted killings, and the emerging law on enemy combatants and their detention, and the arguable need for new self-defense doctrines at the global level.
LAWS 5115. International Arbitration. 2 Units.
An advanced course covering the current status of arbitration as a dispute settlement mechanism in international affairs. This course will cover the use of arbitration as a means of resolving international disputes: a) between private parties; b) between private and governmental parties; and c) between governments. It will cover possible forums and rules of arbitral dispute resolution and the problems of the enforcement of foreign arbitral awards. Special aspects of dispute resolution in certain geographical and subject areas will be covered as will be the problem of sovereign immunity. Disputes arising from multinational business transactions will be focused on as will be maritime, environmental, and border disputes.
LAWS 5116. International Human Rights. 3 Units.
This course will cover a variety of issues in the area of international human rights. Issues covered will include the law of treaties and treaty interpretation; international organizations' and non-governmental organizations' roles in protecting human rights; the rights of women and minorities; critiques of the idea of "universal" human rights; and the Alien Tort Claims Act. In addition to covering the procedure and substance of the international system for protection of human rights, we will also discuss human rights under various domestic legal systems from a comparative perspective.
LAWS 5118. International Law Research Lab. 3 Units.
Students in this unusual course undertake legal research projects designed at the request of various international law enforcement organizations. Recent clients include the International Criminal Court, the UN-affiliated tribunals in Cambodia and Sierra Leone, Interpol, U.S. Military Commissions, and the U.S.Coast Guard, among others. Course sessions explore the development and practice of international criminal law as well as developing jurisprudence relevant to the current students' projects. Substantial time is devoted to in-class discussion of target issues, writing workshops, and individual presentation of findings. Completed projects are forwarded to the requesting clients and posted in the school's international war crimes portal. Grades are based on the quality of students' participation and the final written product.
LAWS 5120. International Business Transactions. 3 Units.
This course examines various types of international business activities from a transactional perspective. It focuses on international sales, international payments, and international licensing transactions and examines the different legal systems (state, federal, international) that may impact on these transactions. It also considers commercial aspects of the interpretation of cross-border contracts, dispute resolution concerning cross-border contracts, and the role of lawyers. Some basic issues relating to private international law/conflicts of law are also addressed. There is also some introductory coverage of international electronic commerce transactions and related legal issues.
LAWS 5121. International Criminal Law and Procedure. 3 Units.
This course surveys selected issues and current problems involving the criminal aspects of international law and the international aspects of criminal law. The course begins with an introduction to the origins and purposes of international criminal law. We will then explore the contours of the duty to prosecute those who commit international crimes. Next, we will focus on application of domestic and international law to the question of jurisdiction over international criminal activities. This is followed by three units examining substantive international criminal law as contained in multilateral treaties concerning terrorism, war crimes and crimes against humanity. Next, we will explore the procedural aspects of international cooperation in criminal matters, with particular attention to extradition and problems associated with obtaining evidence from abroad. We will also analyze the reach of U.S. constitutional protections to U.S. investigative and law enforcement activities overseas. Finally, we will study the new Yugoslavia and Rwanda War Crimes Tribunals and the permanent International Criminal Court. The class will be seminar-format, with short writing assignments, weekly simulations, and role-play exercises designed to bring the materials to life. There will be no final exam.
LAWS 5122. Transnational Litigation. 2 Units.
This seminar focuses on the litigation of transnational disputes in domestic courts. Topics include jurisdiction, international service of process procedures for obtaining evidence internationally, and the international enforcement of judgments. Students will complete a substantial research paper and will present the results of their research to the class.
LAWS 5123. Trade Law. 3 Units.
The public international and United States law regulating international trade. (The private law of international trade and investment is dealt with in International Business Transactions, LAWS 354.) It includes the economic theory of international trade (although no exposure to a course in economics in secondary or undergraduate education is necessary) as well as a legal examination of issues regulating global and regional (e.g., the Canada-U.S. Free Trade Agreement, EEC) international trade. Primary emphasis is on the General Agreement of Tariffs and Trade (GATT) and the World Trade Organization (WTO) as well as such United States legislation implementing the GATT as antidumping and countervailing duties legislation and escape clause relief. The roles of trade and aid are also explored, as well as U.S. legislation affecting the transfer of resources to less developed countries.
LAWS 5124. Islamic Law. 2 Units.
This course will cover major aspects of the Islamic Law. It will provide students with a better understanding of Islam and its adherents. Many topics related to Islam and its basic beliefs, including some contemporary issues, will be covered in this course.
LAWS 5126. International Development Law. 2 Units.
This course gives students an introduction to a basic analytical framework of international development law. We will specifically examine the role of global finance in the process of economic development, and highlight recent trends within emerging capital markets. Following this introduction, we will critically examine social impact investing as a new innovative approach to international development that specifically addresses Environmental Social and Corporate Governance (ESG) issues.
LAWS 5128. Holocaust and the Law. 2 Units.
Students will study the role of law before, during, and after the Holocaust. The course begins by examining the legal and political landscape in which the German Weimar Republic transformed into a dictatorship, and the role of law, lawyers, judges, and the courts in the transition and under the Nazi Regime. Students will also study the myriad of legal issues that arose after the Holocaust, including the Nuremberg trials; claims for restitution, slave wages, insurance proceeds, and artwork; Holocaust denial; immigration policy; and the how the Holocaust and its aftermath shapes the political and legal response to genocide today.
LAWS 5129. Critical Race Theory. 2 Units.
This course will explore the foundations and central tenets of Critical Race Theory (CRT), from its origins in Critical Legal Studies to current applications, debates, and evolutions. It will also bring in CRT "offshoots" such as TribalCrit, LatCrit, APACrit, QueerCrit, DisCrit and Critical Race Feminism. CRT posits that racism is endemic to society, but that we must also remain committed to social justice, and the intersection of theory and practice in our extant institutions. This seminar asks how future leaders might navigate the tensions between theory and practice, and use CRT to provide a toolkit for navigating scholarship and social reform in the realms of race and racism? CRT originates in critiques of anti-discrimination law and in reactions to Critical Legal Studies. Students will learn of those origins, explore established debates within CRT, and examine contemporary directions within the genre. This seminar will presume familiarity with basic constitutional law, but the readings will, in the main, draw from legal literature rather than case law. Prereq: LAWS 2002.
LAWS 5135. War and Morality. 3 Units.
The aim of this course is to explore a wide range of ethical issues relating to the decision to take a nation to war, how wars are conducted, and efforts to establish order in the wake of a conflict. Topics include the Just War tradition, pacifism, humanitarian intervention, moral repair and the establishment of a just peace, conduct of war, warrior codes, warrior transitions, and civil-military relations. We will be examining the ethics of war from the perspectives of both states and individuals. War is a crucible that strips those caught up in its horrors down to their fundamental selves inspiring acts of both inhuman depravity and seemingly superhuman nobility. This course is presented in a seminar format with lively discussions centering on contemporary readings in military ethics from texts and journals. Offered as PHIL 317, PHIL 417, and LAWS 5135.
LAWS 5136. International Humanitarian Law. 1 Unit.
This course is designed to prepare the student members of the Jean Pictet Competition team, but is open to all students with an interest in international humanitarian law. The course will be taught in two all-day Friday-Saturday sessions in January and February by international humanitarian law expert Gregory Noone, who is currently a fellow at the U.S. Institute of Peace and was previously Head of the Foreign Military Rights Affairs Branch of the Office of the Judge Advocate General at the Pentagon. Using case studies as well as simulations and role-playing exercises, the course will address the field of international humanitarian law as a whole, including the law of armed conflict, international criminal law, international human rights law, and the role of international organizations such as the ICRC and U.N. The objective of the course is to convey the reality of international law. Like humanitarian law itself, the course will not deal solely with legal disputes or judicial matters, but with practice and real life situations. The course grade will be based on a paper that will not satisfy the Writing Requirement.
LAWS 5138. Chinese Business Law. 3 Units.
This course will introduce students to Chinese business law systems in the context of globalization and from the perspective of comparative law. We will examine the various legal aspects of "doing business in China" through discussing the Chinese corporate law, contract law, foreign direct investment law, and other relevant systems. Course objectives are for students to gain understanding of both the legal theories and practices in the field of Chinese business law, be able to identify and analyze the issues arising from the US businesses invested in China and/or the Chinese-US joint ventures, and be able to provide solutions to solve these issues.
LAWS 5140. Vis International Commercial Arbitration Practicum. 3 Units.
This course introduces students to the basics of international commercial arbitration ('CA'). They will learn both substantive law (such as how to use the CISG, UNCITRAL rules) and legal skills associated with the practice of ICA. The main assignments for the class will include a brief for either the claimant or respondent in a commercial arbitration, and an oral argument on behalf of the client. Course is limited to students in the Joint LLM Degree in International Commercial Law & Dispute Resolution. Prereq: Limited to students in the LLM program only.
LAWS 5172. Transnational Litigation Topics. 2 Units.
This course provides additional credits for students who are interested in doing additional research and writing in a specific area of transnational litigation. With the permission of the Instructor, this work may satisfy the JD Writing Requirement. Coreq: LAWS 5122.
LAWS 5203. Food, Drug, and Biotech Law. 2 Units.
This course examines the federal Food, Drug and Cosmetic Act. It will entail a detailed look at the law, policy statements, and literature related to approving new drugs and devices. The course covers such topics as human subjects research; product labeling and testing; OTC vs. prescription status; compassionate use exceptions; control of biotechnology techniques; differences between food, drugs and devices; and FDA enforcement. We will also explore how law and the legal system anticipate and also respond to changes in technology in ways that may enhance or inhibit the development of new technologies and new applications of old technologies. Attendance at classes is mandatory. Grade is based on final exam.
LAWS 5204. Genetics and Law. 3 Units.
The current federal Human Genome Project is attempting to understand the health and behavioral implications of the 50,000 to 100,000 genes in the human body. Genetic tests are being offered to let people know if they are at risk of having a child with a genetic defect or if they will later in life suffer from cancer or other disease. Genetic predispositions are also being investigated for certain behaviors such as gay sexual preference, intelligence, and anti-social behavior. This course will cover the tort law, family law, constitutional law, criminal law, employment law, and insurance implications of developments in genetics.
LAWS 5205. Public Health Law. 2 Units.
This course surveys a range of issues in public health law including contagious diseases, health surveillance and privacy, tobacco, controlled substances, obesity, firearms, emergency preparedness and bioterrorism. It is designed to introduce students studying law or public health to the basic constitutional principles involved in public health law; the scope of local, state and federal authority to regulate; and the variety of ethical issues that arise.
LAWS 5213. Psychiatry and Law. 2 Units.
This course focuses on the interaction between mental health and the legal system. Topics include: basic psychiatry for attorneys, overview of psychiatric symptoms and disorders, insanity defense, competence as a concept, competence to stand trial, other criminal competencies, insanity acquittee release, diminished capacity/guilty but mentally ill defenses, battered women syndrome defense, duress defense, informed consent, right to treatment, right to refuse treatment, duty to protect, drug courts, therapeutic jurisprudence, testamentary capacity/undue influence, defendant and prisoner rights, juvenile justice, civil commitment, infanticide, family murder and mental illness, child abuse evaluations, suicide and violence risk assessment, stalking, psychiatric disability and emotional damages, brief history of psychiatry, psychiatrist malpractice, and psychiatry and the death penalty. This course is taught by a forensic psychiatrist and is open for law, medical, and bioethics students, and practicing mental health professionals.
LAWS 5215. Health Care and Human Rights. 2 Units.
This course combines two areas of law of vital importance. Courts, legislatures, and administrative agencies around the world often grapple with health law questions in light of new medical technologies, public health crises, and enduring questions regarding treatment choices. At the same time, in a world that is both globalized and plagued by catastrophes such as ethnic cleansing and natural disasters, issues of human rights are at the forefront of public debate. The intersection of health care and human rights, therefore, constitutes a worthy and fascinating area of study. Topics to be covered will include: 1) an overview of relevant human rights doctrines; 2) the status of the right to health care in different countries; 3) biomedical research involving human subjects; 4) disability rights; 5) privacy and confidentiality issues in medicine; 6) organ transplantation; 7) medical aid in dying; 8) public health emergencies; 9) climate change; 10) gun rights and gun control.
LAWS 5218. Health Care Organizations, Finance, and Regulation. 3 Units.
This course will introduce students to legal issues associated with the financing of health care (both public and private payment systems), as well as the forms and structures of modern health care organizations, including the creation and regulation of tax-exempt organizations and how the antitrust laws impact the structure and conduct of health care providers. The course will also cover the federal and state laws that impose criminal and civil penalties on health care providers for a variety of activities. Coverage will include the five main Federal fraud and abuse laws: the False Claims Act, the Anti-Kickback Statute, the Stark Law, the Exclusion Statute, and the Civil Monetary Penalties Law, as well as an introduction to the Foreign Corrupt Practices Act. Discussions will include how health care businesses can comply with these laws in their relationships with payers (e.g., the Medicare and Medicaid programs), vendors (e.g., drug, biologic, and medical device companies), and fellow providers (e.g., hospitals, nursing homes, and physician colleagues). These areas will be reviewed both from the perspective of compliance and transactional issues. The course will also cover labor and employment issues and management of patient safety issues.
LAWS 5220. Health Care Controversies. 2 Units.
In this experiential 2-credit course, students are confronted with a series of current, controversial, real-world problems in health law and policy, such as how to allocate transplant organs; how to ration expensive health care services; "reforming" the medical malpractice system; how the employment of physicians by hospitals alters the legal nature of the patient-physician relationship; legal issues associated with accountable care organizations under the Affordable Care Act; etc. To approximate real-world experience in the practice of health law, students are teamed with other students on a rotating basis and required to produce a team response and present and defend it in class. For each problem, the student also is required to write a short memo (approximately 5 pages) describing their own personal solution or response. Six memos are due over the course of the semester, approximately one every two weeks. The students' grade will be based on the grades they receive on the memos. Students from other health professional schools may enroll in the course and will be included in the teams. In addition to the law instructor there will be an outside medical or policy expert assisting with each problem.
LAWS 5224. Hospital Risk Management. 1 Unit.
Through the use of hypotheticals and examples the following topics will be covered from the perspective of an experienced risk management professional: what is health care risk management; incident reporting and investigation; legal and regulatory risks including NPDB, SMDA, Sentinel events, comparison of state laws involving medical malpractice; interface of risk management with other departments in the institution; claims and litigation management; risk financing; claims resolution; on call advice; education of all levels of health care professionals.
LAWS 5225. Research Ethics and Regulation. 1 - 2 Units.
This course is designed to introduce students to the ethical, policy, and legal issues raised by research involving human subjects. It is intended for law students, post-doctoral trainees in health-related disciplines and other students in relevant fields. Topics include (among others): regulation and monitoring of research; research in third-world nations; research with special populations; stem cell and genetic research; research to combat bioterrorism; scientific misconduct; conflicts of interest; commercialization and intellectual property; and the use of deception and placebos. Course will meet once per week for 2 hours throughout the semester. Grades will be given based on class participation and a series of group projects and individual short writing assignments. Offered as BETH 503, CRSP 603 and LAWS 5225.
LAWS 5226. Public Health Law Lab. 3 Units.
This Lab will involve students in an integrated experience of academic research and public service. Weekly sessions will provide a general background in public health law. Students will work on semester-long research projects for a State/Local Health Department or for the Network for Public Health Law, supervised by faculty at the School of Law. Topics may include environmental health regulations, emergency preparedness, cross-border public health, food safety, health information data sharing, injury prevention, maternal/child health, public health statutes and regulations, vaccination requirements, obesity prevention, and tobacco control. Grade will be based on collaborative work and written projects.
LAWS 5228. Using Technology to Increase Access to Justice. 2 Units.
In this course, students will 1) increase their substantive and practical knowledge of the access to justice issues facing low-income individuals and the Ohio rules on the unauthorized practice of law; and, 2) take part in a user-centered legal design process to add new ChatBot and LiveChat functionality to Ohio's statewide legal help portal, www.OhioLegalHelp.org.
LAWS 5229. Information Privacy Law. 1 Unit.
Data is everywhere today, and is being used by a broader range of entities for a broader range of purposes every day. Lawyers for virtually every industry (and around the world) must understand the key principles surrounding the use and disclosure of personal data when providing virtually all aspects of legal advice to their clients, including overall compliance, business strategy, mergers and acquisitions, litigation and the full range of specific privacy and data security laws and regulations. This law applies to the biggest companies in the world, as well as an incredible array of start-up and technology companies. This course will explore the primary legal and policy principles surrounding the use and disclosure of personal data, covering the key privacy and security laws, regulations and principles that govern how industry operates today in the United States and around the world. Day 1 will focus on general principles related to privacy and data security. We will explore the foundations of privacy law, focusing on Fair Information Privacy Principles. We will then proceed to the most recent history of privacy and security law in the United States, covering the key laws by industry sector (health care, financial services), specific practice (telemarketing, data from children), and the evolving law of data security. We will briefly review how these principles apply internationally as well. Then, we will explore emerging areas for privacy and information security, including new enforcement principles, application of these principles to vendor relationships, issues related to security breaches and breach notification and key litigation issues. Day 2 will focus on the health care industry and the specific laws, regulations and principles addressing the privacy and security of health care information. This day will emphasize the primary privacy and information security principles set out in the Health Insurance Portability and Accountability Act ("HIPAA") as a baseline framework, and will explore how these rules apply in theory and in practice. We also will explore emerging areas for privacy and information security, including enforcement activities, other privacy and security laws impacting health care data beyond HIPAA, the law of health care research and related principles involving the "de-identification" of personal data, and the emergence of "non-HIPAA" data as a new challenge to the privacy and data security regulatory structure. Class sessions will consist of a combination of lecture, discussion, hypotheticals, and real-life problems drawn from the instructor's experience in order to keep the class engaged. The goal for both days is to understand the key principles of the developing law in this area, but also to teach what a lawyer actually does on these issues and the need to combine legal knowledge with practical analysis and an understanding of business implications. We also will focus attention on critical policy issues related to this law, including a discussion of the emerging implications of "big data" principles on privacy rights and industry actions overall. Beyond learning the general principles of the law in this new and evolving area, we will focus on how to be an effective lawyer and provide useful advice to clients in this new and challenging area.
LAWS 5268. Health Law and Policy Lab. 3 Units.
Students will complete substantive health-related legal and policy research projects requested by nonprofit organizations as pro bono clients of the Lab. Topics change yearly, reflecting clients' needs. Past clients include hospitals, physicians, the National Cancer Institute, community organizations and advocacy groups. With prior approval of the Instructor, completed work for this course may satisfy the JD Writing Requirement. Prereq or Coreq: LAWS 4806.
LAWS 5314. Cyberlaw. 3 Units.
This subject deals with how the law regulates and otherwise applies to activities taking place in 'cyberspace.' It considers how existing legal principles are being modified and extended in the digital information age to meet the needs of society, particularly in relation to electronic commerce. As the nature of dealings in cyberspace develops and new legal problems emerge over time, the focus of the subject may change to reflect current legal issues. However, topics for discussion will be drawn from the following: the nature of the internet, legal regulation of cyberspace vs. self-regulation, the relevance of international law/international regulation, e-commerce contracting, 'property' in cyberspace with particular reference to intellectual property, trademarks and domain names, defamation on the Internet, online crime (e.g., fraud, pornography, etc.), information privacy and security, online dispute resolution and associated conflicts of law issues.
LAWS 5315. Entertainment Law. 1 - 3 Units.
This course is designed to introduce students to the basic legal issues relevant to the film and television industries, as well as live performances, theatre, and various other aspects of the entertainment industry.
LAWS 5319. International Intellectual Property. 3 Units.
LAWS 5322. Intellectual Property & Dealmaking. 2 Units.
This course will provide you the opportunity to engage as an Intellectual Property (IP) specialist in a simulated M&A (merger and acquisition) corporate transaction. You will assume the role of an associate attorney in a law firm and handle certain aspects of the sale of assets of a business, including engaging in due diligence, reviewing and drafting documents, conducting research, analyzing negotiation techniques, learning about the specialist's role in the transaction, and preparing for the closing of the transaction. Particular emphasis will be upon IP licensing (e.g., patent licenses, trademark licenses, etc.), such as reviewing and drafting IP licensing documents. You will learn skills that an IP lawyer should have by working on and resolving IP issues from actual projects. Accordingly, it is vital to your success in this course that you complete all assignments on time and actively participate in each class. Although this course is set within the context of a company acquisition, most of the IP issues you will be analyzing are generally applicable to many other projects that an IP associate will confront. Prereq: LAWS 4401 and (LAWS 4300 or LAWS 4302).
LAWS 5324. Law of the Music Industry. 2 Units.
This course will cover the major components of the music industry, including recording agreements, songwriting and music publishing concepts, personal management agreements, trademark issues, live performance agreements, termination of transfer, and other concepts. Special attention will be paid to copyright infringement litigation, including a discussion of the most recent cases. There will also be a class on fair use. Guest speakers from a major concert promotion company and a major music publisher typically participate. The class will include the latest on the Music Modernization Act and the successful transition of the recorded music industry to music streaming. A student who attends the class will learn all aspects of music licensing. A knowledge of copyright law is useful, but not required.
LAWS 5325. Museum Law. 2 - 3 Units.
This seminar is concerned with the relationship between the art world and the law. The art world is comprised of numerous players, such as artists, dealers, museums, auction houses, art critics, forgers, thieves, looters, and the American and various foreign governments. This course focuses on the law's relationship with each of these entities and how these entities relate to one another in both a cultural and legal sense. In particular, this course will explore at least three of the following issues: theft and plunder of art (especially from 1933-45); the illicit international art trade; artists' rights such as First Amendment rights, copyright, moral rights, and the resale right; and the role and practice of museums in the art world, including provenance studies, and the museum's relationship with the artist and community. The first class (and some subsequent classes) will be held at the Cleveland Museum of Art. After a lecture by a museum curator, the students will be given a tour of the museum's collection that will focus on works of art that have particular relevance to the intersection of law and art.
LAWS 5328. Intellectual Property and First Amendment in the Arts. 3 Units.
Students in this course will explore the First Amendment's protections for artistic and cultural expression and work directly on real-life issues for clients at the cutting edge of media and entertainment law. We will examine issues involving Hollywood studios, graffiti artists, virtual reality, reality television, art installations, electronic music, and journalism in still-evolving areas of law. We will discuss issues facing media and entertainment lawyers in practice, and survey the roles lawyers play in the creative process. Class members will work (under supervision) on client matters for the First Amendment and the Arts Project. Prereq: LAWS 4300, LAWS 4301, LAWS 4303 or LAWS 5717.
LAWS 5332. Sports Law. 1 Unit.
This introductory Sports Law course will offer an overview of the three major sports that dominate the American sports scene today: Major League Baseball, the National Football League, and the National Basketball Association. The course will devote approximately equal time to each of these three major sports and compare/contrast the similarities and differences among them, from a historical legal perspective. Other professional sports, including hockey and soccer, will also be discussed via updated links to the most relevant Sports Law news, which links will be provided prior to each class. Specifically, it will evaluate the legal evolution of America's 'three major leagues', and examine how the Supreme Court's, other courts', and arbitrators' landmark decisions have affected the path of each league's progress. Additionally, this course will address contemporary Sports Law topics, including COVID-19's impact upon the three major leagues, the recently executed 2020 NFL Collective Bargaining Agreement, and the world of esports (professional video gaming). Prereq: LAWS 4401 and LAWS 4405.
LAWS 5333. Representing the Professional Athlete. 2 - 3 Units.
This course will begin with an overview of the sports marketing industry and then proceed to discuss one of the more important legal doctrines relating to that industry, involving intellectual property, labor law, and contract law. In that context, the course will explore the skills necessary to conduct a series of sports-related contract negotiations. Students will participate in group-based contract drafting exercises, including drafting product endorsements and license agreements, with an emphasis on client representations. Next, in the context of mock litigation, students will assume a contract breach, and will be required to draft deposition questions and legal briefs in support of their respective contractual position.
LAWS 5334. Representing the Musical Artist. 2 - 3 Units.
This course focuses on practical training in counseling the musical artist with a particular focus on lawyering skills such as contract drafting, strategic thinking and negotiation. We follow the artist from the early days as a "baby band" to when the artist becomes "classic" or "heritage." You will observe the artist in the recording studio, the interactions among the band members, the creation of songs/sound recordings. You will introduced to the cast of characters: the producer; the first manager; the label's A&R person; the recording engineer, and others. You will--as music lawyers commonly do--observe the artist creating in the studio and on a live stage and get a chance to speak with prominent managers, concert promoters, club owners, and artists.
LAWS 5335. Negotiation Strategies in Sports Management. 2 - 3 Units.
This course covers drafting of sophisticated contractual documents in the Sports Law world. Document that will be negotiated and drafted include a lease agreement between a municipality that is constructing a new stadium/arena and the owner/operator of a team that will play in the new venue. Also covered will be naming rights, presenting sponsorship agreements for beverage/food, automobile/rental cars, and financial/medical services. We will also examine coordination of all sponsorships in the team's print/multimedia advertising, as well as with the broadcasts of the team's games.
LAWS 5336. Intellectual Property Advanced Topics Seminar. 2 Units.
This course is designed to provide students with an overview of several areas of law traditionally associated with intellectual property or IP, including copyright law, which pertains to the protection of literary, musical, and artistic creations and has issues replete with First Amendment implications; patent law and trade secret law, which focus on the protection of technological works ranging from chemical formulae, to software, to biotechnology; and trademark law, which relates to the goodwill associated with corporate identity and product recognition. We will also devote time to the study of the philosophy and economics of intellectual property keeping in mind, throughout the course, the need to strike an optimal balance between incentives to create and commercialize intellectual creations on the one hand and public access to these creations on the other hand. Prereq: LAWS 4301 or LAWS 4302.
LAWS 5339. Privacy Law. 3 Units.
The rapid grown of the Internet, coupled with new business practices and new efforts by government to deploy technology for law enforcement and the administration of programs, has raised far-reaching questions about the future of privacy. The role of law is central to many of these debates. This course begins by introducing students to the historic and philosophical justifications for recognizing a right of privacy. It then explores how those justifications have been applied to information gathered by the media, law enforcement, and private organizations. The course considers the developing principles for data collection, use, and security in general, and the extent to which legal protections exist in specific subject areas such as health and genetic information, and social, financial, and political activities. Students will learn the rules governing places, information, information integrity, and data security as developed under common law, statutes, regulations, and the U.S. Constitution. While the course focuses primarily upon U.S. law, it will regularly draw comparisons with EU privacy protection, and will also explore those rules on their own.
LAWS 5341. Commercialization and Intellectual Property Management. 3 Units.
This interdisciplinary course covers a variety of topics, including principles of intellectual property and intellectual property management, business strategies and modeling relevant to the creation of start-up companies and exploitation of IP rights as they relate to biomedical-related inventions. The goal of this course is to address issues relating to the commercialization of biomedical-related inventions by exposing law students, MBA students, and Ph.D. candidates (in genetics and proteomics) to the challenges and opportunities encountered when attempting to develop biomedical intellectual property from the point of early discovery to the clinic and market. Specifically, this course seeks to provide students with the ability to value a given technological advance or invention holistically, focusing on issues that extend beyond scientific efficacy and include patient and practitioner value propositions, legal and intellectual property protection, business modeling, potential market impacts, market competition, and ethical, social, and healthcare practitioner acceptance. During this course, law students, MBA students, and Ph.D. candidates in genomics and proteomics will work in teams of five (two laws students, two MBA students and one Ph.D. candidate), focusing on issues of commercialization and IP management of biomedical-related inventions. The instructors will be drawn from the law school, business school, and technology-transfer office. Please visit the following website for more information: fusioninnovate.com. Offered as EBME 467, ECSE 467, GENE 367, GENE 467, LAWS 5341, MGMT 467, and RGME 467.
LAWS 5365. World Intellectual Property Organization Research Lab. 3 Units.
The course will explore cutting-edge issues directly at the interface between research and policy in international intellectual property at the World Intellectual Property Organization (WIPO). WIPO is the pre-eminent international institution responsible for the development, management, and coordination of international intellectual property. As it moves into its new 21st century mission and interaction with global policy issues such as public health, climate change, WIPO has a need for a stronger evidence and research base for its work on treaty development and technical assistance to countries. Students in the course will carry out cutting edge research on issues at the core of WIPO's work on the future of the international IP system. Working with the WIPO Traditional Knowledge, Genetic Resources and Folklore division, students will work in teams on specific research tasks with a finished written study or brief at the end of the course for internal WIPO use, and where appropriate, for broader dissemination. Projects may include carrying out country studies; comparative analyses of patent-related provisions in traditional knowledge laws; assessing implementation of international traditional knowledge, and folklore obligations in domestic law; assessing the state of play in negotiations and processes in other forums such as the Convention in Biological Diversity, the TRIPS Council, or the Trans-Pacific Partnership negotiations. Prereq: LAWS 4101 or LAWS 4300 or LAWS 4301 or LAWS 4302.
LAWS 5366. Venture Finance & Transactions. 2 Units.
This course is designed to provide law students with the fundamentals of creating, offering and closing a technology venture transaction. In each case, the goal is to imbue students with both the legal and compliance requirements of the given strategic scenario, as well as the business and technical drivers behind the transaction. Prereq or Coreq: LAWS 4401.
LAWS 5401. International Tax. 3 Units.
This course examines the U.S. taxation of transactions undertaken by foreign individuals or entities in the U.S. as well as the U.S. taxation of transactions undertaken by U.S. individuals or entities abroad. Major topics that will be covered include determination of the source of income, the taxation of income derived from a U.S. trade or business, the withholding tax regime, taxation of various entities, controlled foreign corporations, the U.S. anti-deferral rules, the U.S. foreign tax credit, taxation of foreign currency transactions and the role of tax treaties. Prereq: LAWS 5403 or LAWS 5404.
LAWS 5402. Estate Planning. 3 Units.
This course covers the federal law of estate and gift taxation. Topics include the computation of the estate tax, the taxation of gifts, the assets included in the gross estate, deductions from the gross estate to compute the taxable estate, credits against the tax, the generation-skipping transfer tax, and estate planning ideas and techniques, such as the use of trusts. The income taxation of estates and trusts is also covered. Grade is based on class participation and a major written paper on a topic chosen by the student and approved in advance by the instructor. Prereq or Coreq: LAWS 4809.
LAWS 5403. Federal Taxation of Corporation and Partnerships. 3 Units.
The course will focus on the basic provisions of the federal income taxation of partnerships and corporations. The topics will include the formation of the entity, distributions to partners and shareholders, the allocation of profits and losses in a partnership, S corporations, redemptions, liquidations, mergers and acquisitions, corporate or partnership divisions, and certain corporate penalty taxes such as the accumulated earnings tax and the personal holding company tax.
LAWS 5412. Advanced Securities Regulation. 3 Units.
This course will expand on the disclosure and enforcement themes discussed in the Securities Regulation (LAWS 307) survey course to engage in an in-depth examination of selected real-world securities topics. The focus will be to deepen the student's understanding of the SEC regulatory regime through consideration of current "hot topics" in securities law (such as executive compensation, 8-K disclosures, loss contingencies and Management's Discussion & Analysis), by reviewing SEC pronouncements and working with actual or hypothetical disclosure and counseling situations. In addition to analyzing rules, students will participate in drafting, analyzing and commenting on sample disclosure documents and client advice memos. The course is designed to further the student's understanding of a corporate/securities law practice as well as deepen the student's substantive knowledge in securities regulation law. Prereq: LAWS 5431.
LAWS 5413. Antitrust Law. 3 Units.
A study of the implementation of federal trade regulation statutes with emphasis on the interrelationship of these laws with the competitive tensions of the contemporary economy.
LAWS 5415. Bankruptcy. 3 Units.
An introduction to bankruptcy law, with emphasis on the current Federal Bankruptcy Code. The course includes Chapter 7 (liquidation bankruptcy proceedings), Chapter 11 (business reorganizations), and Chapter 13 (simplified reorganizations for individuals and sole proprietorships). Also considered are various state law debtor-creditor remedies and the impact of bankruptcy on such remedies. Prior enrollment in the UCC and debtor-creditor courses may be helpful but is not mandatory.
LAWS 5418. Corporate Real Estate Transactions. 2 Units.
Real estate is typically the largest single category of capital investment and the second largest category of repeat expense (after total personnel costs) for most businesses. Major industrial and service sector companies are increasingly focused on the opportunities and challenges inherent in the real estate portfolios that support their core operations. This course will highlight the strategic case for effective corporate real estate management and the role of inside and outside legal counsel in the commercial real estate context. The course will consider advanced transactional situations, including purchase and sale of commercial properties, leasing of business properties, and complex industrial facilities. The course's emphasis on case studies and commercial transaction scenarios are also designed to act as a capstone course that complements and draws upon the students' prior coursework in contracts, real estate and commercial transactions, ethics and government regulation. Three parallel case studies will run throughout the course, illustrating the application of each topic to different types of client organizations: a Fortune 500 industrial company, a small family-owned retail business, and a medium-sized not-for-profit organization with several sites. Each client organization will have mock client representatives who will have different business and style preferences, which the class will need to accommodate and will come to anticipate in fashioning and recommending solutions for each client. The final exam will build from these same client scenarios, offering the class participants an opportunity to apply their learning to make recommendations to each client with respect to specific situations and goals.
LAWS 5420. ERISA. 4 Units.
This class will cover employee benefits law. (ERISA): defined benefit plans, including in-depth consideration of defined benefit plan documents; VEBA's, their use and regulation; group life, Accidental Death & Dismemberment, and Long Term Disability plans and related insurance documents; insured and non-insured medical benefit plans; reporting and disclosure requirements of ERISA, including summary plan descriptions, summary of material modifications, Form 5500, and "top hat" elections; and requests for favorable determinations of qualified plans, including Form 5300 and Notices to Interested Parties.
LAWS 5422. Financial Markets: Law, Theory, and Practice. 2 Units.
Explores the interactions of law, principles of finance, and the theoretical underpinnings of financial markets. It introduces students to the roots of evolving financial market liabilities affecting the interests and conduct of people at all levels in those markets by examining (a) the structure and purpose of financial markets, (b) the financial and capital market theories which today shape the contours of the law, (c) intermediation in financial markets, and (d) the challenges of global market regulation.
LAWS 5423. Financial System Integrity. 3 Units.
In this course, which is offered alternately as either a lab or a seminar, students study and research key aspects of the international financial system integrity rules, with a focus on the anti-money laundering and terrorism financing standards of the Financial Action Task Force (FATF) and the Basel Core Principles on Banking Supervision of the Basel Committee (as well as similar standards promulgated for other financial institutions). When offered as a lab, the course engages students in projects for a variety of organizations involved in improving the integrity of financial institutions, including the FATF (as well as FATF-style regional bodies), the International Monetary Fund, the World Bank, the United Nations Office on Drugs and Crime, and locally based governmental and non-governmental organizations. Students satisfactorily completing this course will be eligible to apply for a fully paid summer internship with a local bank that will involve work in the bank's legal, anti-money laundering and financial intelligence units. Recommended preparation: LAWS 4405 and LAWS 5431.
LAWS 5424. Insurance. 3 Units.
A comprehensive introduction to the regulation of the insurance industry and to the legal issues arising from relations between the parties to insurance contracts. The course examines statutory regulation of the industry by state and federal agencies and analyzes cases involving aggressive regulation by the judiciary as well. Insurance decisions on the cutting edge of developments in contract, tort, and agency law are studied. Students are required to study the policy forms most frequently encountered in practice: the automobile policy, the homeowner's policy, and the life insurance policy. The course also provides exposure to problems relating to other areas of insurance including commercial general liability coverage, fire insurance, professional liability (malpractice) coverage, and health insurance.
LAWS 5426. International Real Estate Transactions. 2 Units.
The course will explore selected topics involved in international real estate transactions, from the perspective of an American counsel representing an American entity doing business abroad. Topics may include structuring, transactional goals, due diligence, letters of intent and documentation, deal implementation, title protection, and others. The course will use traditional learning techniques as well as case studies and simulations, with a major focus on letters of intent/documentation. Students will be graded based on class participation and presentations, written assignments, and a final paper/take home exam. Recommended preparation: LAWS 5429 (may be taken concurrently).
LAWS 5427. Mergers and Acquisitions. 3 Units.
Topics include the corporate and securities law governing various forms of mergers and acquisitions; business motivations for mergers; concerns of acquiring and acquired companies in friendly mergers; bidders' techniques and targets' defenses in hostile tender offers and proxy contests; valuation of businesses and investments, portfolio theory, and capital markets; concerns of companies and investors in negotiating corporate financing. Prereq: LAWS 4401.
LAWS 5429. Real Estate Transactions and Finance. 2 - 3 Units.
Covers basic real estate transactions as well as issues involved in complex finance and development. Topics include: brokers, land contracts of sale, deeds and title covenants, the recording system, title insurance, mortgages, shopping center development, cooperatives and condominiums, ground lease financing, construction lending, distressed properties, selected federal income tax issues, and the real estate attorney's professional responsibilities. Whenever possible, issues will be examined in the context of model transactions.
LAWS 5430. Consumer Protection. 3 Units.
Students will study the complex and varied laws that govern consumer transactions. Topics may include: fraud and deception; credit reporting and identity theft; consumer loans, including mortgages and payday loans; debt servicing; credit discrimination; and the role of the key federal and state agencies in this area, including the Consumer Financial Protection Bureau, the Federal Trade Commission, and state Attorneys General and banking departments.
LAWS 5431. Securities Regulation. 3 Units.
This course explores the policies and techniques of state and federal investor protection, with emphasis on the distribution of securities by issuers and their affiliates. After an analysis of express general anti-fraud remedies, the "security" concept, and the diverse philosophies underlying "value judgment" and "disclosure" approaches to regulation of business fund-raising practices, the course proceeds to a full consideration of the impact of the Federal Securities Act of 1933 on primary and secondary distributions. Concurrent as well as independent effects of state blue sky laws, typified by the Uniform Securities Act, are also treated. To round out the total pattern of investor protection in the distributional setting, the course includes limited excursions into the anti-fraud, periodic reporting, public information availability, and broker-dealer aspects of the Securities Exchange Act of 1934. Prereq: LAWS 4401.
LAWS 5432. Business and Law Colloquium. 3 Units.
This course will bring together law students, business students, mid-level attorneys and senior leaders in the legal field for a one-semester weekly colloquium. Even though women have represented approximately half of law-school graduates for a number of years, women represent only 16% of law firm equity partners and even fewer corporate General Counsels. This course aims to offer an introduction to the business skills that both women and men will need to rise to the highest levels of law practice and organizational leadership. Each week will focus on a different aspect of law and business. The curriculum will include sessions focused in financial management, business development, communication skills, and intercultural business and law practices. Offered as LAWS 5432 and BLAW 411.
LAWS 5433. Payment Systems. 3 Units.
One of the basic courses in commercial law, dealing with the law of negotiable instruments and bank collections and deposits. These topics are considered primarily under the Uniform Commercial Code and, to some extent, recent federal banking and consumer credit legislation.
LAWS 5434. Secured Transactions. 3 Units.
This course deals with Article 9 of the UCC and other legal and equitable rules relating to the use of personal property as security for debts. Topics covered include creation of a security interest (mortgage), rights and obligations of the debtor (mortgagor) and the secured party (mortgagee), priority of interests in the same property, redemption rights of the debtor, and foreclosure of a security interest by the mortgagee. May not be taken by students who have taken or are taking the 4-credit Sales and Secured Transactions course (LAWS 5435). Students who have taken or are planning to take the 3-credit Sales (LAWS 4404) course may enroll.
LAWS 5436. Financial Institutions Regulation. 3 Units.
This course examines the regulation of financial institutions, with an emphasis on the federal regulation of U.S. banks and their affiliates. It focuses on the statutes that govern banking, the important cases that define the limits of banking powers, and the ever-increasing role of the regulatory agencies. The discussion will be viewed through the lens of the 2008-2010 financial crisis and the current challenges caused by the pandemic. It will review current enforcement orders issued by the regulatory agencies that have changed the banking landscape as much as the statutes upon which they are based. The discussion will also include relevant references to the International Basel Accords, which are the global standards for the regulation and supervision of banks.
LAWS 5438. Business Organizations Research Seminar. 2 Units.
An opportunity to undertake significant research and writing on the law of business organizations. Each student will be expected to complete a major paper in satisfaction of the upper level writing requirement. A satisfactory paper will meet the writing requirement for the concentration in Business Organizations. Limited to 12. Prereq: LAWS 4401.
LAWS 5439. Corporate Finance. 3 Units.
This course provides both an introduction to important financial concepts and, more centrally, an investigation of how those concepts come into play in the law (particularly corporate law). Topics covered will include: the capital asset pricing model, the efficient capital market hypothesis, the characteristics of debt and equity financing, options, and hedging. The course assumes no familiarity with these financial concepts, and while the math involved is critical, it will also be elementary. Throughout, the emphasis will be on gaining the ability to use concepts from finance in the context of legal problems. Prereq: LAWS 4401.
LAWS 5501. Risk Management. 4 Units.
This course explores the methods and policies for allocating losses from harm to one's person, property, relations, and economic and other interests. The course covers the substantive principles of tort claims and their defenses, as well as claims activities in the period between the event that gave rise to the claim and the time that litigation commences, the phases of litigation of a claim (from pre-trial to settlement, including discovery), and basic concepts relating to handling activities in the post-litigation period, such as reporting, data analysis, and initiatives to prevent future events. In addition, this course will also explore how statutes and regulations come into existence, whether or not they are valid, and how courts interpret them, in order to better understand the risks associated with regulatory compliance failures, both civil and criminal.
LAWS 5705. International & US Family Law. 3 Units.
This is an advanced course addressing practical family law topics. The course will cover fundamental United States family law issues as well as essential issues that touch on international aspects of family law, including a focus on the Hague Convention on the Civil Aspects of International Child Abduction. Students will be required to understand domestic and international statutes, case law and treaties and to apply their skills to simulated domestic and international fact patterns. Students can expect experienced lawyers as guest lecturers and participation of other family law practitioners throughout the course in an effort to provide a well-rounded experience.
LAWS 5706. Advanced Legal Research. 3 Units.
This course will provide students with the practice-ready research skills needed when entering an externship, work setting or the practice of law. The focus will be on learning to research efficiently and cost-effectively with exposure to current technologies used in legal practice. The course will expose students to the skills needed in presenting thorough and reliable research to a supervisor or a court. The class will be formulated in a way that will allow students to spend much class time specifically working on research problems where they can get real time assistance.
LAWS 5707. Alternative Dispute Resolution. 3 Units.
Students will examine the processes of alternative dispute resolution (ADR) through reading materials, videotapes, guest lectures, and simulation exercises. Particular emphasis will be given to the interaction of lawyers and clients in business negotiations and in litigation. Negotiation, arbitration, mediation, and the mini-trial will be examined. The class will also cover impediments to ADR, such as lack of understanding or hostility on the part of clients or lawyers.
LAWS 5708. Electronic Discovery. 3 Units.
Electronic Discovery provides an in-depth treatment of the legal, technical, and cost management issues involving identification, preservation, collection, review, and production of electronically stored information ("ESI") in civil litigation. This course will cover how the federal rules of civil procedure, such as the 2006 FRCP ESI amendments: (Rules 26 meet and confer, 34 production, and 37 sanctions), and the Federal Rules of Evidence, such as FRE 502 (privilege review and production), along with the rapidly developing ESI case law affect this important aspect of litigation. The class will explore e-discovery software, providing training and exercise hypotheticals in which students will become familiar with the practical side of e-discovery.
LAWS 5709. Animal Law. 2 Units.
The goals of the course are to: a. Provide a clear understanding of the status of animal law as it currently exists, with an emphasis on recent statutes and caselaw; b. Explore how the law handles animals and animal-related issues in comparison with humans and other property; c. Provide a hands-on, practical experience for students who wish to grapple with cases involving animal law with either a moot court or special research project; d. Get students to think about and develop their own philosophy as it relates to animal law, and to test legal theories for advancing animal jurisprudence in the direction they deem appropriate.
LAWS 5711. Civil Rights. 3 Units.
This course will examine the enforcement of federal civil rights against the government, government officials, and private individuals. The course will focus partly on the unique issues and challenges involved in litigating civil rights cases, and approximately the first half of the semester will be spent on 42 U.S.C. § 1983, the "all-purpose" civil rights statute. We will discuss the mechanics of litigating federal civil rights cases, such as the state action requirement, absolute and qualified immunities, liability of municipalities, limitations on injunctive relief, and attorney's fees. Much of the second half of the semester will be devoted to other civil rights statutes, such as the Fair Housing Act, the Voting Rights Act, Title IX, and Title VI. The course will not cover statutes dealing with discrimination in the workplace, however, as those topics are treated fully in the Employment Discrimination course.
LAWS 5712. Community Development Law. 2 Units.
An examination of the law of economic and land development in underserved and deteriorated areas. Legal issues related to business organization, financing, real estate development, governmental programs, and regulation and taxation (among other areas) will be covered. Topics include background of urban deterioration, governmental and private sources of assistance, organizing the developing entity, financing the project, governmental programs, tax policy and programs, land assemble, and administration of developments.
LAWS 5716. Conflict of Laws. 2 Units.
Competing approaches to choice of law in cases having multi-state and/or multi-national contacts. The course also covers personal jurisdiction, constitutional and international limitations on choice of law, and enforcement of judgments. Comparative and international perspectives are integrated throughout. Students develop their own choice of law theory in a simulated restatement conference.
LAWS 5717. Constitutional Law II. 3 Units.
This course explores the individual freedoms protected by the First Amendment. Primary attention is devoted to the freedoms of speech, assembly, and association. The course analyzes what is protected, why it is protected, and to what degree it is protected. Topics covered include prior restraint, advocacy of unlawful conduct, the hostile audience, defamation, commercial speech, obscenity, offensive speech, expression on public property, and symbolic speech.
LAWS 5718. Criminal Procedure II. 2 Units.
The adjudicatory stage of the criminal process. Pretrial release, preliminary hearings, grand jury practice, speedy and public trial, discovery, right to jury trial, guilty pleas, right to counsel, and double jeopardy are examined. Prereq: LAWS 4807.
LAWS 5720. Death Penalty Law and Process. 2 Units.
The course offers a review of the death penalty process, theory, and law from trial through execution, including examination of state laws and federal habeas corpus law. The course focuses on the legal principles implicated by the death penalty and also examines the social issues it raises including the social/legal arguments against the death penalty, race and gender issues, and the influence of political and other factors on the process. Recommended preparation: Evidence (LAWS 4808 or LAWS 4906).
LAWS 5721. Death Penalty Lab. 3 Units.
This Lab will involve students in an integrated experience of academic research and public service. Students will work on semester-long research projects arising from actual death penalty cases that will be of assistance to practitioners in death penalty cases or research projects for governmental and non-governmental organizations engaged in support for, opposition to, or reform of the death penalty at a local state, national, or global level. Issues may include: victim's rights; jury selection (race/gender discrimination); proportionality (discrepancies in geographic application or application to different fact patterns); economic impact on the system; clemency; and transnational problems with foreign accused; systemic review (e.g., Illinois commission); and other specific recurring issues arising from innocence, assistance of counsel, experts, jury instructions, or misconduct (judge, attorney, jury). The students will have no direct representation responsibilities.
LAWS 5722. Death Penalty Lab II. 2 Units.
This lab will involve students in an integrated experience of academic research and public service. As enrollment is limited to students who have successfully completed Lab I, these students will assume a supervisory role working with Lab I students. Students will work on research projects arising from actual death penalty cases that will be of assistance to practitioners in death penalty cases or research projects for governmental and non-governmental organizations engaged in support for, opposition to, or reform of the death penalty at a local state, national, or global level. Issues may include: jury selection issues; proportionality issues; economic impact of the application of the death penalty; examination of issues surrounding a specific state's ability to provide a viable clemency; issues of international law; research, investigation, and litigation of case specific issues ranging from actual innocence, ineffective assistance of counsel, ineffective assistance of experts, prosecutorial misconduct, judicial misconduct, juror misconduct, etc. Prereq: LAWS 5721.
LAWS 5724. Discrimination in Employment. 3 Units.
This course will examine the federal laws concerning discrimination in the workplace. These include Title VII of the 1964 Civil Rights Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Genetic Information Nondiscrimination Act. We will study the regulation of discrimination based on race, sex, religion, national origin, age, disability, and genetic status, including policy and ethical question and strategic considerations in prosecuting and defending employment-based civil rights actions.
LAWS 5725. Education Law. 3 Units.
This course surveys the legal and social policy challenges related to public education settings. Students will study relevant constitutional issues, legislative mandates, school vouchers to supplement tuitions in private schools, charter schools, and more recent attempts under state constitutions to provide a quality education for all children. Beyond analyzing the legal frameworks that shape public education, the course will also cover the difficulties confronting public education from a sociological perspective.
LAWS 5726. Employment Law. 3 Units.
This course examines employer-employee relations in non-union settings. Topics include wrongful discharge, occupational safety and health regulation, minimum wage, and workplace privacy issues. The course emphasizes written work, including advanced legal research training. Minimal overlap with Labor Law (LAWS 5737) and Discrimination in Employment (LAWS 5724).
LAWS 5727. Environmental Law. 3 Units.
The course is designed to provide an overview of both the breadth and depth of environmental regulation in the United States and to consider ways our environmental regulatory system might be improved. Although all of the major environmental laws will be surveyed, several statutes will be examined in greater detail. Students will be expected to navigate select provisions of statutes and regulations through in-class problem sets. Guest speakers will also be invited to speak on topics of current interest.
LAWS 5728. ePayment Systems. 1 Unit.
This seminar builds on the foundation established during the first-year curriculum and focuses on the law and technology of payment systems. Such topics will include the contractual relationship amongst and between the various organizations transacting to enable a b2c payment; the various elements of such agreements; the various impacts of a payment system (criminal, civil, and administrative); the implications for legal structure and policy; and the ethical considerations of a lawyer advising clients within this domain. Grade is based on a paper, a presentation, and class attendance and participation.
LAWS 5729. Expert Witnesses and Scientific Evidence. 2 Units.
This course will examine the rules for the admissibility of expert testimony, provide an introduction to various types of expert and scientific evidence, understand the special role of experts in litigation, and provide practice-focused consideration of issues relating to expert evidence. Prereq: LAWS 1201 and LAWS 4808.
LAWS 5730. Family Law. 3 Units.
This survey course covers law relating to the creation, functioning, and dissolution of the family as a legal unit. Topics include legitimacy, adoption, procreative rights, cohabitation, marriage, family obligations, division of marital property, divorce and annulment, and child custody. Particular attention is given to the social forces that affect the development of rules and policies.
LAWS 5731. Federal Courts. 3 Units.
This course explores the relationships between the federal courts, Congress, and state courts and governments. Topics include congressional control of federal jurisdiction, justiciability, federal court abstention, suits against state and federal governments and officials, habeas corpus, and federal injunctions on state proceedings.
LAWS 5733. Immigration Law. 2 Units.
The general principles of immigration law and procedure, including federal authority to regulate immigration, removal of aliens (deportation and exclusion), administrative and judicial review, fleeing persecution (refugees, asylees, and others), immigrant and nonimmigrant visas, and consular practice. The course will emphasize practical application of current immigration law.
LAWS 5734. Immigration Law II. 1 Unit.
The course is dedicated to the study of visas for visitors and aliens of extraordinary ability in the sciences, arts, or entertainment. Course materials will be drawn from Legomsky's Immigration and Refugee Law and Policy, the Immigration and Nationality Act, and Title 8 (CFR). Students will be required to write a paper or prepare a visa petition. The course will likely be offered every other year. Prereq: LAWS 5733.
LAWS 5736. Juvenile Law. 2 Units.
The role of the juvenile court in society: its jurisdiction, procedures, and dispositional alternatives. Students study both the quasi-criminal aspects of the juvenile court (jurisdiction over juvenile delinquents and status offenders) and the civil-protective aspects of the court (termination of parental rights and the handling of neglected, dependent, and abused children). In addition, the rights afforded juveniles are compared with the rights afforded adults in comparable circumstances. Many related juvenile justice issues, such as the right of a minor female to have an abortion without parental notice and the constitutionality of capital punishment for juvenile offenders, are also examined.
LAWS 5737. Labor Law. 3 Units.
The basic course in the area of union-management relations, designed both for students desiring to pursue the field further and for those whose interest lies in an introduction to legal principles in this area. The course begins with a brief historical study of the evolution of the labor movement and prestatutory law. It then considers federal regulation under the National Labor Relations Act of union organizational efforts, management-union interaction, and the representational process, then proceeds to the collective bargaining process. The collective bargaining process is examined in some depth with special emphasis on the scope and substance of the duty to bargain in good faith, the enforcement of collective bargaining agreements in courts and by arbitrators, and the legal regulation of industrial warfare, the strike and lockout.
LAWS 5738. Land Use Control. 3 Units.
This course analyzes the public control of land use, primarily at the local and state levels. Both legal and policy perspectives are considered. Attention is given to constitutional limitations such as the takings doctrine, equal protection, and due process. Topics considered include zoning, subdivision controls, exclusionary regulations, and historic preservation.
LAWS 5739. Law of Archeological Relics. 2 Units.
This course addresses the private and public law relating to the ownership, sale, use, and repatriation of archeological artifacts other than human remains. The readings include excerpts from articles and books regarding the international trade (legal and illegal) in such artifacts. Significant attention is given to international law, such as the UNESCO Convention on Cultural Property.
LAWS 5744. Mediation Representation: Theory, Principle and Practice. 3 Units.
An advanced course exploring the fundamentals of conflict, mediation theory, doctrine and practice, its historical evolution and increasing use as a centerpiece of modern legal dispute resolution. The course will cover the theory, doctrine, history and practice of mediation; the mediation process; the mediator's, client's, and advocate's role in mediation; the underlying principles of bargaining, risk and value and how to adapt these negotiation skills for a mediation setting. Students will also learn how to use mediation as a problem-solver for the client. Format is lecture, discussion and student presentation and simulation. The course includes the writing of mediation memoranda, as well as mediation role playing, with critique from the teachers and invited guest mediation practitioners.
LAWS 5745. Foreign Affairs Law. 3 Units.
Provides a study of the separation of powers in national security matters, presidential war powers, congressional and presidential emergency powers, the domestic effect of international law, the use of military force in international relations, investigating national security threats, the Freedom of Information and Privacy Acts, access to national security information in the federal courts, and restraints on disclosing and publishing national security information. The course builds upon a strong foundation of constitutional law and addresses the fundamental tension that exists in our foreign and domestic affairs by virtue of the constitutional separation of powers between the respective branches of government. Several classroom hours will be spent dealing with constitutional war powers and how the executive and legislative branches have tried to define their respective measures of expressed and implied power with regard to the Vietnam War, the War Powers Resolution of 1973, and more recent US incursions such as the first Persian Gulf War and the most recent invasion of Iraq.
LAWS 5747. Philosophy of Law. 3 Units.
This is an examination of the general nature of law, the broad concerns of jurisprudence, the study of comparative law, and many of the issues raised in the literature of legal philosophy. Students will examine the principles of legal positivism, mitigated natural law, and rights theory. Selected readings and cases will illustrate these theories, which will also be examined in the context of rule selection by new governments in developing or revolutionary societies. The course also looks at the general nature of legal systems: how politics, morality, and individual views of justice and rights affect particular court cases and the course and development of law generally. Topics will include abortion, obscenity and sin, civil disobedience, affirmative action, surrogatehood, and the death penalty. This is unlike any other of the legal theory or jurisprudence courses, and those who have sampled legal theory elsewhere in a different form are welcome and encouraged to enroll. Recommended preparation: PHIL 101. Offered as LAWS 5747, PHIL 335, and PHIL 435.
LAWS 5748. Poverty Law. 3 Units.
This course will examine the meaning and historical origins of poverty in the United States and the structural factors that contribute to legal inequities. The course will also explore ways in which legal assistance is funded and delivered to low-income individuals. It will review the landmark constitutional cases that form the body of poverty law and then examine substantive legal topics that affect the poor differently, including public benefits, health care, and housing.
LAWS 5749. Prisoner Rights & Litigation. 3 Units.
This course explores the complex areas of habeas corpus and prisoner § 1983 litigation. The course explores the legal, procedural, social, economic and other issues surrounding federal court review of state court criminal convictions, conditions of confinement for prisoners, and prisoner rights. Topics will include standards of review, substantive rights, federal jurisdiction, and Constitutional reaches and limits.
LAWS 5751. Scientific Evidence in Criminal Litigation. 2 Units.
The legal issues associated with the use of scientific evidence at trial. It examines the admissibility of scientific evidence, expert testimony, and related issues. In addition, it considers specific techniques such as forensic pathology, fingerprint comparison, firearms identification, bite mark comparisons, questioned document examinations, and polygraph and DNA evidence testing. Outside experts are used to present many of the topics.
LAWS 5753. Child Welfare. 3 Units.
This course explores the underlying principles of child welfare. We will look at the state's right to intervene where children are being abused or neglected; legal and psychological parameters of neglect; the parent's right to raise children as they see fit, including the use of corporal punishment; the termination of parental rights; the role of an attorney GAL; legal representation of the agency and parents in child welfare hearings; and the liability of child welfare agencies. The format is lecture, discussion and student presentation, and simulation. The course includes a trial and concludes with a final paper and student presentations on topics of their choice.
LAWS 5754. Energy Law. 2 - 3 Units.
Energy law is a large and growing area of increased importance. Energy use and production is subject to a wide range of state and federal laws. This course will focus on current energy law issues, particularly issues relating to production and use of electrical power. The course covers the interplay of state and federal regulation, utility rate regulation, energy production, and regulation of the environmental consequences of energy production and use, including climate change.
LAWS 5755. LGBT Legal Issues. 3 Units.
The course will address the development of legislation and case law dealing with LBGT rights in different practice areas including family law, estate planning, and employment law. Further, the course will deal with possible scenarios for future legislative and judicial activity.
LAWS 5756. Elder Law. 3 Units.
This course examines a number of legal, ethical, and social issues raised by our nation's growing elder population. It aims to do so in a way that is not only interesting for the general law school population, but also practical for those considering a career that involves advising older adults and those who may be called upon to assist elderly friends and family members. Focus is on the practical application of the current laws in Elder Law. Special attention is given to: (i) elder abuse, neglect, and financial exploitation; (ii) end-of-life issues, including health care directives and surrogacy; (iii) guardianships; (iv) managing and paying for health care, including Medicaid, Medicare, long-term care insurance, and health care reform issues; (v) property management, including durable powers of attorney for property, joint ownership and financial accounts, and estate planning to ensure Medicaid and/or Medicare coverage; (vi) ethical issues in elder representation; (vii) remedies available to vulnerable adults, such as criminal, administrative, and civil remedies, including medical malpractice. Finally, through simulated client cases, students will learn how to prepare documents related to surrogate decision-making, including drafting an Advanced Healthcare Directive, an Appointment of a Healthcare Agent, and a Personal Financial Powers of Attorney, as well as documents relating to the appeal of the denial of Medicare and Medicaid benefits.
LAWS 5757. Mass Media Law and Policy. 4 Units.
This survey course will examine the constitutional, statutory, administrative, public and private regulation of media. The laws applicable to television and radio broadcast, cable, satellite, newsprint, wire and wireless telephony industries will be analyzed to grow understanding of contemporary issues. We will also focus on the structure and function of the Federal Communications Commission, its policies and processes of airwave allocation, licensing and licensing renewal, internet regulation, and media ownership. Finally, this course will examine the role media has in framing and articulating what we intake in forms of entertainment and news, and how those frames impact our views of public policy and culture.
LAWS 5758. Protest, Policing, and The First Amendment. 3 Units.
In this course, we engage in a holistic study of seminal Supreme Court cases surrounding freedom of speech, hate speech, incitement, freedom of assembly and association, and the right to petition. You will also learn and apply mass media theories to develop thoughtful critiques of newsgathering, news reporting and news dissemination. Integrating principles of mass media analysis, you will also learn and apply critical theories to rhetorical, visual and aural analyses of media text. We will continually evaluate how our readings inform and shape recent socio-legal-political events and issues such as events in Ferguson, Missouri, Cleveland, Ohio, and Charlottesville, Virginia.
LAWS 5760. The Wire and the War on Drugs. 3 Units.
Many currently criticize the American criminal justice system for being too severe and, in particular, having an unfairly harsh impact on African Americans. These complaints typically focus on the war on drugs and the way the American criminal justice system has prosecuted and punished drug offenses for the past several decades. This course uses the HBO series The Wire as a lens for understanding and evaluating the war on drugs. Students will examine: current drug offenses, the policy debate about legalization and decriminalization of drugs, conspiracy law, approaches to sentencing, the law of electronic surveillance, the fourth amendment, interrogation, the use of informants, the use of computerized statistical data to manage police departments, prisoner reentry programs and the influence of the media on criminal justice policy.
LAWS 5761. Social Advocacy and First Amendment Practicum. 2 Units.
This course involves students in an integrated experience of academic research and public service that explores the foundational case law involved in representing journalists, researchers, protesters, and other civil rights plaintiffs at the forefront of social issues. The course focuses on the rights conferred under the First Amendment: the right to free expression and the right of access to information. Coursework is tied to supporting live-client matters and advocacy projects. Students may work on a variety of matters, from protecting the right to inspect government records, to legal issues surrounding speaking, assembly, and protests.
LAWS 5762. Urban Development Lab. 2 Units.
This course will involve students in an integrated experience of academic research and public service to the Greater Cleveland area. Students will work on semester long research projects arising from issues raised by local nonprofit development organizations and the development arms of other local nonprofit groups and government agencies. Specific topics will vary from semester to semester, but will generally fall within (i) barriers to development of urban properties, (ii) the role of local government and communities in encouraging or discouraging development projects and (iii) solutions for making urban areas, in general, and Cleveland, in particular, more livable and sustainable. When possible, students will present their findings directly to the organization (s) raising the issue. Students can expect direct or indirect exposure to aspects of real estate, finance, land use, tax and other regulatory law.
LAWS 5763. White Collar Crime: Prosecution and Defense. 2 Units.
This course provides students with an overview of white collar crime through the lens of recent white collar criminal investigations and prosecutions. In addition to understanding the basics of white collar crime and what it is, the role of different parts of the federal government in investigating and prosecuting white collar crime, corporate vs. individual responsibility, and privilege issues, we will examine specific white collar offenses, including mail fraud and wire fraud, perjury, making false statements, obstruction of justice, and securities fraud.
LAWS 5764. Workers' Compensation. 2 Units.
Workers' Compensation law and theory continue to evolve through statutory change and judicial decisions. The statutes deal with benefits for work-connected injury and disability. Course material is national in scope with an emphasis on corresponding Ohio cases. The course also touches on related areas of law, such as torts.
LAWS 5769. State Constitutional Law Seminar. 1 - 2 Units.
This will be a 'national' (i.e., comparative) course on state constitutional law. The focus will be on individual rights litigation under state constitutions, and it will cover some (though probably not all) of the most important and controversial state constitutional issues (e.g., eugenics, compulsory flag salute, school funding, exclusionary rule, desegregation, marriage equality). There will also be a focus on current issues and current approaches to litigating state constitutional issues. Although the focus will be national and comparative, students interested in writing their papers on Ohio or other one-state topics will be permitted to do so.
LAWS 5770. Cannabis Law. 1 - 2 Units.
The burgeoning cannabis industry has led to many important issues pertaining to public policy, legal history, constitutional law, criminal law, and jurisprudence, as well as practical legal issues that concern both cannabis-related businesses and individuals, in areas such as banking, employment, tax, bankruptcy, and child custody. The course will provide an overview and/or some in-depth coverage of federal, state, and local laws relating to cannabis regulation, as well as provide insights into the industry itself through guest speakers and other education aids.
LAWS 5775. Social Justice Law Center Reporter. 1 - 2 Units.
The Social Justice Law Center (SJLC) Reporter course offers students interested in social justice law the opportunity to: 1) explore existing and emerging scholarship, current and proposed laws, and judicial opinions on current social justice issues; 2) write comments and summaries of those various materials; 3) receive guidance and instruction on their writing; and 4) complete their writing requirement focusing on a social justice-related topic(s) through a year-long class. Students work closely with the instructor to identify specific social justice topics to be covered by the Reporter throughout the year. Students will have numerous meetings with the instructor and will develop their critical analysis skills, writing skills, learn about plagiarizing, and will receive training concerning advanced legal research.
LAWS 5781. Climate Law and Policy. 3 Units.
For well over three decades the scientific community has warned us of the economic and environmental risks posed by continued burning of fossil fuels to the earth's climate. We are now experiencing the extreme weather events we were warned of decades ago. The clock is ticking. This class will explore state and federal energy and climate laws and policies that have been adopted, as well as other legal mechanisms to address climate. Students will then be asked to design and craft laws and policies they believe should be advanced to address the climate crisis
LAWS 5902. Advanced Contracts. 3 Units.
We will examine the methodology of law and economics and of deontological approaches to contracts, legal realism, the methodology of default rules, gap filling and incomplete contracts, adjustment of long-terms contracts, employment contracts and the employment at will doctrine, promissory estoppel, relational contracts, incorporation strategies in the U.C.C. and the new formalism in Contracts.
LAWS 5906. African-American Lawyers Seminar. 3 Units.
This seminar takes an interdisciplinary approach to the study of African-American lawyers. It examines aspects of the history of black lawyers in America, as well as topics relating to black lawyers in contemporary America. The course will situate these experiences in the context of both the history of the legal profession and the history of race relations and the struggle for civil rights in the United States. Students will prepare a substantial research paper and make an oral presentation of their research to the class. Limited to 12.
LAWS 5908. Public Law Research Seminar. 2 Units.
This seminar permits students to write a substantial research paper on a topic in Constitutional Law, Civil Rights, Administrative Law, or regulatory law (broadly defined). With permission of the Instructor, the paper may be used to satisfy the JD Writing Requirement.
LAWS 5918. Reproductive Rights. 3 Units.
This seminar will cover the basics of the Supreme Court's reproductive rights jurisprudence and will look at a series of topics relating to the reproductive rights law and policy, including "partial-birth" abortion and the health exception; minors' access to abortion, contraception, and sex education; reproductive rights and religion; and assisted reproductive technologies. In addition to various interim writing assignments, you will be required to submit a substantial paper by the end of the semester.
LAWS 5919. Scientific Evidence and Advanced Research. 2 Units.
Students must be concurrently enrolled in Scientific Evidence class (LAWS 5751). This course allows interested students to pursue additional research and writing within a particular focus area. With permission of the Instructor, the paper may be used to satisfy the JD Writing Requirement.
LAWS 5925. Wrongful Convictions. 2 Units.
This course focuses on the causes of wrongful convictions, including eyewitness misidentifications, false confessions, jailhouse informants, scientific fraud, prosecutorial misconduct, and ineffective assistance of defense counsel. Remedies to prevent the conviction of the innocent are also discussed. Prereq or Coreq: LAWS 4808.
LAWS 5930. Human Trafficking Lab. 2 Units.
Students will examine and consider legal issues that arise in sex trafficking. Human trafficking is the second-largest crime in the world and is a $150 billion industry. Ohio has the fifth largest number of sex-trafficking victims and will serve as a backdrop for the course. Students will conduct research and craft solutions to issues raised by current gaps in legislation, victims' issues, advocacy groups, and others. The subject matter will vary from semester to semester based on the issues the class is asked to investigate, but will frequently touch upon criminal, juvenile, human trafficking, municipal, housing, commercial, and other law. Students will participate in the representation of victims of human trafficking in both the adult and juvenile courts.
LAWS 5931. Human Trafficking Practicum: High Risk Population Identification. 3 Units.
This course provides a 'hands-on' opportunity to participate in issue-spotting, intake, and legal matter development in populations identified as high-risk for human trafficking. Students will participate in off-site intake experiences for individuals who are high risk for human trafficking.and assist the instructor with civil-litigation matters handled through the Health & Human Trafficking Law Clinic. Students will be utilizing their issue-spotting skills by assisting individuals with conducting driver's license abstract and credit report pulls, identifying warrant blocks, consumer law matters, or family law concerns, conducting legal research on a variety of civil matters in a variety of ways.
LAWS 6001. Civil Litigation Clinic. 3 Units.
In this course, students handle various kinds of civil disputes on behalf of consumers who need legal assistance but cannot afford to pay for a private lawyer. Students are responsible for all phases of litigation, including the initial client interview and case assessment, preparation of pleadings and motions, conducting discovery, settlement negotiations, and, if necessary, trying the case before a judge or jury. A weekly two-hour seminar session provides a regular forum for learning the substantive law that applies to the students' caseloads, as well as discussion of the various legal, professional, and ethical issues that arise in the cases. In addition, after completing required basic mediation training, students act as mediators in small claims and/or landlord-tenant cases in municipal court. Students must be enrolled in and complete both semesters to receive credit. Prereq or Coreq: LAWS 4808.
LAWS 6002. Civil Litigation Clinic. 3 Units.
Continuation of LAWS 6001. Both semesters must be completed before credit is given.
LAWS 6011. Community Development Clinic I. 3 Units.
This is a year-long course; students must complete both semesters of work to receive credit. Students represent business and non-profit entities in formation of their businesses and to obtain tax exemption for non-profit corporations. They act as general counsel helping their clients plan for future projects and activities and operate in compliance with law that regulates their activities. Students may also help to structure tax, real estate and corporate transactions for entities. Students may have the opportunity to work on simple intellectual property matters including trademark, tradename and copyright registrations, as well as website issues and nondisclosure agreements. This clinic is primarily transactional in nature and is designed to expose students to the special problems encountered in representing entities and in structuring transactions. Seminar sessions will be devoted to discussions of applicable law pertaining to specific cases students are working on and development of the skills necessary to represent individuals and entities in transactional matters. Students also will be exposed to the ethical problems associated with entity representation. Prereq or Coreq: LAWS 4401 or LAWS 4402.
LAWS 6012. Community Development Clinic II. 3 Units.
(See LAWS 6011.)
LAWS 6021. Criminal Justice Clinic I. 3 Units.
Students handle a limited number of misdemeanor cases in municipal courts throughout Cuyahoga County. The seminar sessions are devoted to discussions of cases being handled by the students and to ethical and strategic considerations of criminal law practice, trial tactics, and plea bargaining. Hypothetical case studies are also used to increase the breadth of the students' exposure to the criminal justice system. Each student also handles some prosecution in local court. Prereq or Coreq: LAWS 4807 and LAWS 4808.
LAWS 6022. Second Chance Re-entry Clinic. 3 - 12 Units.
Students will represent individuals facing legal barriers as the result of their criminal records. The clinic's cases sit at the intersection of the civil and criminal justice systems and tackle issues related to mass incarceration, prisoner reentry, and the collateral consequences of criminal convictions. Students can expect to handle cases in a variety of legal settings including state court and administrative agencies and may participate in policy advocacy.
LAWS 6031. Health Law Clinic I. 3 Units.
Students represent clients in social security disability claims, adult guardianships, health insurance claims and disputes, access to health care, special education for disabled children, nursing home transfers and discharges, and other health and disability law-related issues. They investigate complaints in nursing home and represent clients in administrative and court proceedings. A major part of the student's responsibilities is to analyze the problems and determine the best way of resolving them. Seminar sessions are primarily devoted to specific skills and to discussions of matters being handled by the students. The ethical and practical problems encountered in health law practice are emphasized, as well as legal theory. This is a year-long course; students must be enrolled in and complete both semesters of work to receive credit. Prereq: LAWS 4808 and (LAWS 4200 or LAWS 4201).
LAWS 6032. Human Trafficking Clinic. 3 - 12 Units.
Students work in interdisciplinary configurations to provide free legal representation and social service referrals to individuals identified as survivors of human trafficking and/or at high risk for trafficking. General areas of legal representation provided by the Clinic include civil matters such as expungement, debt negotiation, driver's license reinstatement, student loan default negotiation, landlord/tenant issues, asylum and human trafficking visa applications, name changes, and protection orders.
LAWS 6041. Intellectual Property Venture Clinic. 3 Units.
The IP Venture Clinic will provide students with the opportunity to represent start-up companies and entrepreneurs and focus on intellectual property protection, technology assessment, corporate formation, confidentiality agreements and trade secret protection, material transfer agreements, technology valuation, opportunity analysis, private securities offerings, and technology transactions. The clinic provides opportunities to work collaboratively with inventors, MBA students, licensing managers, outside counsel, and venture capitalists. Prereq: LAWS 4300 or LAWS 4302.
LAWS 6042. Intellectual Property Venture Clinic II. 4 - 12 Units.
The IP Venture Clinic will provide students with the opportunity to represent start-up companies and entrepreneurs and focus on intellectual property protection, technology assessment, corporate formation, confidentiality agreements and trade secret protection, material transfer agreements, technology valuation, opportunity analysis, private securities offerings, and technology transactions. The clinic provides opportunities to work collaboratively with inventors, MBA students, licensing managers, outside counsel, and venture capitalists. Prereq: LAWS 6041.
LAWS 6051. Civil Rights, Human Rights, and Immigration Clinic. 4 Units.
The Clinic offers students a semester-long opportunity to experience a diverse range of civil rights and human rights litigation and advocacy in both the domestic and international context. Students will work on cases and projects, often as co-counsel with other lawyers and organizations, addressing constitutional rights and international human rights violations both in the United States and abroad. Examples of litigation and advocacy may include: -Representing individuals in Sec. 1983 civil rights cases relating to police misconduct, employment discrimination, and other civil rights violations; -Representing non-citizens in the United States unlawfully stopped by local law enforcement for civil immigration violations; -Representing non-citizens in applications for relief from removal or deportation, asylum, withholding of removal, and protection under the Convention Against Torture; -Partnering with foreign non-governmental organizations in South Africa in the research, reporting, and litigation of HIV/AIDS-related discrimination matters; -Working with a national human rights organization on an anti-human trafficking campaign, including providing the legal analysis; -Developing the legal analysis and strategy for ensuring that international sports associations enforce anti-discrimination treaties as applied to the LGBT community; and -Authoring amicus briefs in U.S. and international courts on behalf of selected human rights groups on a range of issues. Prereq: LAWS 4808. Prereq or Coreq: LAWS 5215 or LAWS 5711.
LAWS 6052. Immigration Clinic. 4 - 12 Units.
Students represent non-citizens before various governmental agencies including US Immigration Court, US Citizenship and Immigration Services (USCIS) and Immigration and Customs Enforcement (ICE). Examples of work to be conducted include representing non-citizens in applications for relief from removal or deportation, asylum, withholding of removal, and protection under the Convention Against Torture; assisting clients with applications for Naturalization and/or permanent residency applications; and various other immigration remedies. Prereq: LAWS 6051.
LAWS 6061. First Amendment Clinic. 6 Units.
Students represent clients in litigation matters focusing on the First Amendment and the public's right to know how their government operates. The focus of the work will be enforcing rights under state and federal freedom of information laws, civil rights litigation involving First Amendment rights (particularly free expression and newsgathering rights), and potentially matters involving First Amendment defenses, such as subpoena defense or defamation defense. Students will gather facts, interview clients, conduct discovery, draft briefs, handle any settlement conferences/discussions, and advocate at hearings and trials. There is heavy emphasis on oral and written advocacy, civil procedure, strategic case planning, and professional conduct. Weekly two-hour seminars will be supplemented by individual meetings with student teams to discuss their case work.
LAWS 6071. Environmental Law Clinic. 6 Units.
The Environmental Law Clinic will cover the full range of environmental issues but focus predominantly on environmental and energy concerns in Northeast Ohio. Students will represent an array of individuals, community groups, and nonprofits facing environmental and energy issues, and work to remedy those issues through negotiation and/or litigation. The clinic's cases will cover a range of matters including climate and air pollution, energy and utility issues, lead poisoning, and more. The goal of the clinic is to train students for future work in the environmental and energy space, providing a working understanding of litigation at the federal and state levels as well as agency level hearings, while grounding students in movement lawyering. Clinic students will also gain experience in the legislative process and other environmental policy work, to ensure a holistic understanding of the various needs and issues in the environmental and energy space.
LAWS 6099. Advanced Clinic. 1 - 5 Units.
Advanced Clinic is for third-year students who have already completed a single semester clinic course and, with relevant clinic faculty approval, seek to continue their clinic work in the following semester, but do not wish to complete an additional six-credit clinic course.
LAWS 6101. Immigration Law Practicum I. 3 Units.
The immigration Practicum provides an opportunity for students of achieve practical immigration experience by working with real-life situations before the immigration Court and the USCIS. Students will work on pending matters that may include preparation of legal memoranda or briefs, applications for relief (such as asylum, cancellation of removal, protection under the Violence Against Women, protections of non-citizen victims of domestic violence), and evidentiary submissions for pending cases. Students are required to attend master (preliminary) and individual hearings, and a pro bono refugee clinic offered with the Catholic Charities or Legal Aid Society. This is a year-long course. Prereq: LAWS 5733.
LAWS 6103. Basic Mediation Training. 1 Unit.
This course provides students with basic mediation training. After successful completion, students will be certified, allowing them to serve as volunteer mediators in forums where basic training is required.
LAWS 6107. Pretrial Practice: Civil. 2 Units.
This course picks up where most first-year legal research and writing courses leave off. We will examine intensively, among other things, the various discovery devices (including depositions, interrogatories, document requests, and requests to admit), pretrial motion practice, litigation as a means of achieving the best possible negotiated result, and alternative dispute resolution mechanisms (including mediation and arbitration). In other words, we will study the things that litigators spend most of their time doing and thinking about: how lawyers go about gathering and preserving evidence, the everyday interactions they have with courts, and the reasons they do all these things even though they rarely expect to get all the way to trial. The course will include simulations and extensive drafting assignments.
LAWS 6108. Pretrial Practice: Criminal. 2 Units.
This course introduces students to the key activities lawyers undertake in a criminal case in advance of trial. This course examines the various steps leading up to trial, such as the preparation of an indictment, the drafting of discovery requests, motion practice related to discovery and the suppression of evidence, preparation and negotiation of plea agreements, and other motion practice related to the pre-trial phase. This course is designed to expose students to the pretrial phase in a criminal case from the perspective of both the prosecution and defense. Anticipated topics for discussion will include case investigation, the gathering of evidence, pretrial problems typically encountered in a criminal case, and the role sentencing guidelines can have in shaping plea negotiations and other pretrial negotiations. The course will include simulations, drafting assignments, opportunities for mock oral argument, and negotiating exercises. Limited to 12 students.
LAWS 6110. Trial Tactics. 4 Units.
An intensive course in trial tactics, techniques, and advocacy. The emphasis during the first half of the semester is on practice in the separate components of a trial: direct examination, objections, cross-examination, use of rehabilitative devices, examination of expert witnesses, jury selection, opening statements, closing argument, and pretrial preparation. During the second half of the semester each student acts as co-counsel in a full trial. Videotape recording is used for critiquing student performance throughout the semester. Students may not take both LAWS 6110 and LAWS 395 (Trial Practice). Prereq: LAWS 4808.
LAWS 6111. Appellate Practice. 2 Units.
This course is designed to teach students the rules and formalities of appellate practice and help students develop the skills necessary to write an effective appellate brief and present a persuasive oral argument. During the first semester students research and write an appellate brief and engage in short in-class oral arguments. During the second semester students receive instruction on the organization and presentation of longer oral arguments, engage in a practice oral round and receive an individualized critique of their performance. They complete the course by competing in the Dunmore Moot Court Tournament, which culminates in a final round oral argument before sitting judges in the spring.
LAWS 6113. Deposition Skills. 1 Unit.
Student will learn, through group lectures and simulations, how to prepare for, take, and defend a deposition in a civil litigation case. Students will attend lectures presented by experienced civil litigation attorneys. Students will then practice the skills discussed in the lectures by taking and defending depositions that will be critiques by the course instructor and other experienced civil litigation attorneys.
LAWS 6160. Appellate Litigation Clinic. 6 Units.
Students will represent clients in all phases of the appellate process in civil and criminal cases in both Ohio and federal courts. Students will interview clients, pursue any necessary post-judgement relief in the trial court, prepare the paperwork to initiate the appeal, ensure the completeness of the record, handle any settlement conferences/discussions, draft the appellate briefs, and conduct oral arguments. There is heavy emphasis on oral and written advocacy, appellate procedure, strategic case planning, and professional conduct. Weekly two-hour seminars will be supplemented by individual meetings with student teams to discuss their case work.
LAWS 6501. Canada - United States Law Journal. 0 - 2 Units.
Students enrolled in this non-credit course will serve as writers and editors for the annually published Canada - U.S. Law Journal.
LAWS 6502. International Law Journal. 1 - 18 Units.
LAWS 6503. Health Matrix Seminar. 2 Units.
Students write their Health Matrix notes through the year-long Health Matrix Seminar. Students work closely with the instructor to develop their topics, outlines, several drafts, and final notes. The course will include multiple individual meetings with the professor, extensive feedback, and oral presentations of the papers. Students will develop their writing and oral presentation skills and will receive training concerning advanced legal research, plagiarism, and statutory interpretation. 2L associates also will have responsibilities for journal production work, such as verifying footnotes.
LAWS 6504. Law Review Seminar. 2 Units.
The seminar will provide training in writing, editorial skills, and advanced legal research for students writing notes for the Case Western Reserve Law Review. Topics to be covered include plagiarism, selecting a topic, web-based research, advanced Lexis and Westlaw research, advanced research training in selected substantive areas, and writing techniques. Satisfactory completion of the note will satisfy the upper-level writing requirement. Grade based on the quality of the note and class participation.
LAWS 6505. Law, Technology and Internet Journal. 0 - 3 Units.
The Journal of Law, Technology and the Internet Seminar offers students interested in technology and intellectual property the opportunity to write their notes through a year-long seminar. Students work closely with the instructor to develop their topics, thesis, outlines, and final note. Students will have numerous individual meetings with the professor and extensive feedback of the papers. Students will develop their writing skills, learn about plagiarizing, and will receive training concerning advanced legal research. 2L associates will be trained for journal production work such as verifying citations. The course will also include 3-4 whole group meetings through the quarter. Second year students will also be responsible for performing an in-depth evaluation of the article accepted through the peer-review process. 2L editors will ensure that submitted articles have not been preempted by any article already in print. Once an article has been approved by the Faculty Peer-Reviewers, 2L editors will be given portions of the article for which they are responsible for verifying all citations, and performing textual edits required to bring the article into compliance with Journal policies.
LAWS 6512. Int'l Law Journal Board. 2 Units.
LAWS 6513. Health Matrix. 2 Units.
LAWS 6514. Law Review Editorial Board. 2 Units.
LAWS 6550. Mock Trial. 2 Units.
LAWS 6560. Moot Court Team. 2 Units.
LAWS 6561. Jessup Moot Court Team Mngr. 2 Units.
LAWS 6562. Moot Court Brief Advisors. 2 Units.
LAWS 6600. Supervised Research Seminar. 1 - 3 Units.
Second- and third-year students may earn graded credit for an individual research project of scholarly depth and scope, under the close supervision of a faculty member. Approval of the faculty supervisor is required before registration. No student may undertake more than two Supervised Research projects or earn more than a total of four hours of Supervised Research credit. No student may work on more than one Supervised Research project in one semester. May satisfy the writing requirement.
LAWS 6701. Legal Writing Fellows. 1 Unit.
CaseArc Honors Fellows serve for either one semester of the full year as teaching assistants in the CaseArc program. With training, guidance, and under the supervision of the CaseArc faculty, the Honors Fellows work closely in small groups or one-on-one with students on their writing projects, in-class exercises and preparation for simulations. In addition to meeting regularly with students, Honors Fellows may participate for simulations, judge oral arguments and assist with research training. Overall, the Honors Fellows serve as mentors to their assigned students to help them make the most of the CaseArc courses and the law school experience in general.
LAWS 6705. Curricular Training: Law Field Research. 0 Unit.
This course is intended exclusively for the foreign national J.D. or LL.M. law student who wishes to gain applied legal experience based on their intended career path with an organization that offers course credit for internship experience. These internships may be either paid or unpaid. This course will provide a means for the student to build required skills and bridge the gap between the classroom and real world application. The student is encouraged to explore and discover additional avenues to assist in the management and advancement of his/her career. Does not count toward J.D. credit.
LAWS 7035. International Law Externship. 12 Units.
This program provides opportunity for students to participate in a semester long externship program arranged through the Cox International Law Center.
LAWS 7045. Federal Judicial Externship. 4 Units.
Students in the spring of their first year are selected for summer externships with specific federal district and circuit judges. Meetings with the externship supervisor at CWRU will complement the eight weeks of externing in the judge's chamber.
LAWS 7110. Legal Externship I. 2 - 4 Units.
The externship program allows for an upper-level law student to be engaged in an experiential learning process by working alongside practitioners in a variety of legal settings. The students work is supervised by both an on-site coordinator, and a law school faculty member. All externship participation must be coordinated and approved in advance by the school's externship coordinator.
LAWS 7120. Legal Externship II. 2 - 4 Units.
The externship program allows for an upper-level law student to be in engaged in an experiential learning process by working alongside practitioners in a variety of legal settings. The students work is supervised by both an on-site coordinator, and a law school faculty member. All externship participation must be coordinated and approved in advance by the school's externship coordinator.
LAWS 7130. Legal Externship III. 2 - 4 Units.
The externship program allows for an upper-level law student to be engaged in an experiential learning process by working alongside practitioners in a variety of legal settings. The students work is supervised by both an on-site coordinator, and a law school faculty member. All externship participation must be coordinated and approved in advance by the school's externship coordinator.
LAWS 7200C. Capstone Externship. 1 - 12 Units.
This is an experiential learning conducted in an off-campus site, with the student participating in a full-time, semester-long legal trainee experience. Specific experiences will vary depending on the site of the externship. Students are given extensive mentoring and supervision with an on-site supervisor and a CWRU faculty supervisor.
LAWS 7510. SJD Thesis. 1 - 10 Units.
Students in the SJD program will develop and write a substantial research paper as part of the requirements for conferral of the degree. The topic and scope of the paper will be developed jointly by the student and the student's program advisor. Students will meet periodically as a group with the Director of Foreign Graduate Studies to discuss their research and to present their research to each other and as part of a faculty workshop.
LAWS 7511. Thesis M.A.. 2 - 4 Units.
Each student will research a problem or issue and will develop and write a substantial paper on the problem or issue. The topic and scope of the paper will be developed jointly by the student and the Director and students will be assigned a capstone advisor. Students are also required to make a final presentation of their capstone paper.
LFIN (Law - Financial Integrity)
LFIN 1002. Introduction to Criminal Law and Procedure. 2 Units.
Students will gain a basic understanding of criminal law, including goals of the criminal justice systems, sources of criminal law, elements of crimes, available defenses, and personal and enterprise liability. Students will also gain a basic understanding of criminal procedure, including the roles played by prosecutors, defense attorneys, victims, and judges; the criminal process from arrest through conviction; and substantive and procedural protections afforded to criminal suspects. Prereq: Students enrolled in MA Financial Integrity program.
LFIN 1003. Proceeds of Crime and Money Laundering. 2 Units.
Students will examine the key crimes that result in financial proceeds and serve as predicate offenses to the crime of money laundering, including trafficking in human beings; sexual exploitation; illicit trafficking in narcotic drugs and psychotropic substances; illicit arms trafficking; corruption and bribery; environmental crimes; and tax crimes. Students also study the FATF recommendation regarding predicate offenses and differing national approaches to predicate offenses. Prereq: Students enrolled in MA Financial Integrity program.
LFIN 1004. Money Laundering in Practice. 2 Units.
Students will discuss why and how money is laundered. Students will explore the various mechanisms and typologies engaged in by those laundering money. Topics will include trade-based money laundering; cash smuggling; gambling; luxury goods; shell companies; real estate schemes; fraud and identity theft; and diamond, gold, and other precious metal trading. Prereq: Students enrolled in MA Financial Integrity program.
LFIN 1005. International AML/CFT Standards. 2 Units.
In this course students are introduced to international standards for combatting money laundering and related crimes. Students will learn about the international standards set by the Financial Action Task Force (FATF) and other international organizations, learn about the mutual evaluation process by which countries' efforts are measured, and discuss the ramifications when nations fail to comply with international standards. Prereq: Students enrolled in MA Financial Integrity program.
LFIN 1006. Sanctions and Combatting the Financing of Terrorism and Weapons Proliferation. 2 Units.
This course focuses on the threat of global terrorism and international and domestic standards and requirements to counter the financing of terrorism and the proliferation of weapons of mass destruction (WMD). The course will also focus on United Nations, regional, and national sanctions, and resulting restrictions and obligations. Prereq: Students enrolled in MA Financial Integrity program.
LFIN 1007. Law, Legislation and Regulation in Practice (MAFI). 2 Units.
Regulatory obligations are numerous, substantial, and increasing. Business and law have become so intertwined that statutes and regulations are not just for lawyers anymore. To perform their responsibilities competently, effectively, and ethically, numerous non-lawyers (including middle-level and top-level executives) must acquire the knowledge and skills needed to conduct business in regulatory-intensive environments. This course is the foundation for acquiring these competencies. Prereq: Students enrolled in MA Financial Integrity program.
LFIN 1008. Fin Inst AML/CFT Obligations. 2 Units.
Students will study the AML/CFT requirements imposed on financial institutions, including those related to customer onboarding, customer due diligence, compliance with Office of Foreign Asset Control (OFAC) rules, record-keeping and reporting. Students will consider issues involved in banking high-risk clients and offering high-risk products, and issues for peer-to-peer and crowdfunding platforms. Students will also study high-risk affiliations for financial institutions, such as correspondent banking. Topics of focus will include suspicious activity detection and reporting, structuring transactions, and currency transaction monitoring.
LFIN 1009. Risk Managment. 2 Units.
Students will consider risk, compliance, governance, and ethics issues in the financial institution setting. Students will learn about regulatory compliance requirements, enterprise risk management, risk management practices, risk assessments, special considerations for different types of financial institutions, and how to design an effective and sustainable BSA/AML Program.
LFIN 1010. Risk Leadership. 2 Units.
Students study key risk leadership and management competencies required of financial integrity professionals. Topics include keys to effective leadership and management; building trusting relationships; change leadership and transformation; the role and responsibilities of the Board of Directors and management; and creating an ethical institutional culture of risk management and compliance.
LFIN 1011. Supervision and Enforcement of Financial Instituitions AML.CFT Obligations. 2 Units.
Students learn about the supervisory process and supervisory examinations by regulators. Students study enforcement actions brought by governmental agencies, and the remedies that can be sought in those actions, including administrative penalties, criminal and civil penalties, and civil and criminal forfeiture. Students will also discuss private actions that may be brought against financial institutions for violations.
LFIN 1012. Investigating and Prosecuting Financial Crimes. 2 Units.
This course examines how financial intelligence units, investigators, prosecutors, and investigative judges/magistrates investigate and prosecute financial integrity crimes, including how officials in different nations cooperate in those investigations and prosecutions. Students also study freezing and confiscation of assets and criminal proceeds.
LFIN 1013. New Technologies and AML/CFT Risks. 2 Units.
This course will cover the rise of technology and the impact new technology is having on the financial crimes industry. Students will study cryptocurrency, initial coin offerings and crypto asset-backed offerings, blockchain, bitcoin, and the use of artificial intelligence. Students will study the ethics and compliance issues that arise with the advent of new technologies and the growing reliance on technology in operational execution of AML/CFT programs. Prereq: Students enrolled in MA Financial Integrity program.
LFIN 1014. Selected Topics in Financial Integrity. 2 Units.
In this course students will study a current pressing topic in financial integrity. Topics will vary from year to year. Prereq: Students enrolled in MA Financial Integrity program.