Full Curriculum Listing
Academics
A
ADMINISTRATIVE LAW – 9020 – (3)
An introduction to the legal rules and principles that specify the authority and structure of administrative agencies, determine the validity of administrative actions and decisions, and define the relationships between administrative agencies and other organs of government, particularly the courts. The course will address topics such as delegation and separation of powers, obtaining judicial review, procedural due process in the administrative context, standing, ripeness, mootness, exhaustion of remedies, and rule-making authority and procedure.
ADVANCED LEGAL ANALYSIS – BEAT A – 9538 – (2)
This is a skills development and pre-bar preparation course for second and third year students that focuses on test-taking skills, strategies and techniques necessary for students to maximize their bar exam preparation. The course will focus on core multistate bar exam (MBE) subjects taught in the first year: contracts, criminal law, property and torts. Students will use problems and exercises in a bar exam format to become familiar with the techniques for answering multiple choice questions from the MBE portion of the bar exam. Students will also learn critical analysis skills for each subject covered from substantive lecturers. There will be daily assignments as well as MBE practice sessions.
Note: This course is not intended to replace commercial bar exam preparation courses.
ADVANCED LEGAL ANALYSIS – BEAT B – 9539 – (2)
This is a skills development and pre-bar preparation course for second and third year students that focuses on test-taking skills, strategies and techniques necessary for students to maximize their bar exam preparation. The course will focus on core multistate bar exam (MBE) subjects taught in the first year: contracts, criminal law, property and torts. Students will use problems and exercises in a bar exam format to become familiar with the techniques for answering multiple choice questions from the MBE portion of the bar exam. Students will also learn critical analysis skills for each subject covered from substantive lecturers. There will be daily assignments as well as MBE practice sessions.
Note: This course is not intended to replace commercial bar exam preparation courses.
ADVANCED LEGAL RESEARCH – 9700 – (2) OR (3)
Prerequisite: Legal Reasoning & Analysis – 7121; Legal Research & Persuasion – 7122.
The course will focus on enhancing legal research skills beyond those obtained in the first-year legal research and writing course. Students will learn how to compile legislative histories and develop cost effective legal research strategies. Instruction will be provided through specialized materials within a particular field of law as well as practice and procedure sources, loose leaf services, reference sources and free and fee-based electronic sources.
ADVANCED TAXATION – 9210 – (3)
Prerequisite: Taxation – 8050.
A study of selected areas of income taxation involving property transactions including capital gains and losses, depreciation, passive losses, installment sales, and like-kind exchanges.
ADVANCED TORTS – 9510 – (3)
An in-depth examination of selected topics such as products liability, statutory modifications of the common law (e.g. no fault systems), nuisance, the misuse of process, mass torts, tort reform and tort alternatives, liability of government officials, and alternatives to trials.
AGENCY-PARTNERSHIP – 8201 – (3)
(Evening Program Only)
A study of agency as a means of conducting business through others and of the partnership as a business form. This course explores vicarious liability of an employer for the torts of an employee, the duties between an agent and principal, and the power of an agent to bind the principal. The characteristics of general and limited partnerships are examined, and the recent impact of limited liability entities is considered. This course is designed to complement Corporations – 8040.
ALTERNATIVE DISPUTE RESOLUTION CLINIC – 9504 – (3)
This course will focus on the theory and practice of mediation, including an in-depth look at transformative, facilitative, directive-evaluative, and narrative approaches to mediation. The course features highly interactive role plays and simulations to teach the skills necessary to operate effectively as a mediator, assisting parties toward collaborative and constructive resolutions. North Carolina’s court-annexed mediation programs will also be featured. This course is offered in two-hour and three-hour formats.
APPELLATE ADVOCACY I – 8000 – (2)
An overview of the appellate process. This course includes lectures and reading and writing assignments, discussions relating to the fundamentals of appellate brief writing and oral advocacy. The course will culminate in an appellate brief and/or argument.
APPELLATE ADVOCACY Lab – 8000L – (1)
The Research Lab component of the Appellate Advocacy class will provide guided exercises, lectures, and assignments. These will work in conjunction with the assignments provided by the Appellate Advocacy Professor to ensure that research for the course is appropriate and on point.
APPELLATE ADVOCACY II: MOOT COURT BOARD – 8060 – (1)
Co-curricular Requisite: Appellate Advocacy I – 8100.
Students who have excelled in Appellate Advocacy I are chosen, through in-house moot court competitions, to participate in various regional and national moot court competitions. Participating students must prepare an appellate brief and present an oral argument in a certified competition in order to obtain Senior Board status and to earn a grade.
APPELLATE ADVOCACY III: MOOT COURT BOARD – 9581 – (1)
(Co-curricular)
Prerequisites: Appellate Advocacy I – 8000; Appellate Advocacy II – 8060.
This course is a continuation of Appellate Advocacy II – 8060.
ARBITRATION – 9505 – (2)
This course will examine arbitration practice, the responsibilities of an arbitrator, and the variety of contexts in which arbitration plays a role. The law related to arbitration, such as judicial review, enforcement of arbitral awards, in arbitrability, and the role of contract law, is a major topic of study. Students will also participate in simulated exercises as both advocates and arbitrators. This course is offered in two-hour and three-hour formats.
B
BANKRUPTCY – 9045 – (3)
Introduction to the law governing relations between debtors and creditors, particularly Federal bankruptcy law and practice.
BIOETHICS – 9571 – (2)
The bioethics course is taught as a seminar course that examines how the legal system reconciles competing values and interests in medical treatment conflicts. The seminar considers ethical and practical concerns and their application in a variety of bioethical settings. General topics include procreation, the new reproductive technologies, patient autonomy, organ donations, euthanasia, and definitions of death and prolongation of life.
BUSINESS ASSOCIATIONS – 9040 – (4)
(Day Program Only)
An introduction to partnerships, limited partnerships, the new limited liability entities, and corporations. The course also includes an introduction to the law of agency as it relates to the various business forms. The majority of class time is spent dealing with corporations and their formation; corporate powers; corporate liability; powers and duties of shareholders, directors, and officers; the sale of stock in publicly held corporations; and special issues concerning closely held corporations.
C
CHILDREN AND THE LAW – 9010 – (2)
This course will explore a broad range of issues affecting children. Among the topics to be examined will be: children’s rights, constitutional concerns, the role of the state, child abuse and neglect, foster care and guardianship, termination of parental rights, juvenile justice, representing children, child witnesses, and legislative and policy issues relating to children and families. Law faculty and guest speakers will provide instruction, and some court observation will be required. Evidence is a prerequisite.
CIVIL LITIGATION CLINIC – 9230 – (3)
(Fall)
Prerequisite: Trial Practice 8170.
The Fall component of the clinic includes intensive training on client intake, case investigation, drafting intake and case research memorandum, drafting demand letters, drafting complaints, interrogatories, requests for documents, preparing for and taking depositions, discovery and dispositive motions practice, injunctive motions practice. The Fall component uses real cases with an actual client to practice these skills as they are taught in class. The Civil Litigation clinic handles primarily fair housing, housing condition, evictions, police misconduct, and prison conditions cases. Students will begin representing clients in the fall semester after intensive training.
CIVIL LITIGATION CLINIC – 9232 – (3)
(Spring)
Prerequisite: Trial Practice – 8170; Civil Litigation Clinic – 9230.
In the spring component of the clinic, Students receive their own cases to represent individual clients primarily in eviction and housing cases in Durham County Courts. Students also work on discrete projects for cases involving complex litigation such as police misconduct or prison conditions. Students participate in the supervised representation of civil litigants under the North Carolina third-year practice rule. Students work in the law school clinic for a minimum of 10 hours per week, and complete 100 hours of billable work for clients by the end of the semester. Learn more…
CIVIL PROCEDURE I – 7031 – (2)
An introduction to the principles of subject matter jurisdiction, personal jurisdiction, proper venue, removal and transfer.
CIVIL PROCEDURE II – 7130 – (3)
Prerequisite: Civil Procedure I.
A survey of the Federal Rules of Civil Procedure as they apply to pleadings, motions, practice, joinder of claims and parties, and discovery.
CIVIL RIGHTS – 8240 – (3)
An in-depth study of special problems involved in litigating federal civil rights actions. The study includes jurisdiction, class actions, standing, causes of action, and other Constitutional questions. Class discussion involves practical problems associated with preparing, filing and litigating specific claims and the impact of those claims on the relationship which citizens have with their government. In addition, students participate in a public seminar where they debate a significant civil rights issue that confronts North Carolina citizens.
COMMERCIAL PAPER – 9130 – (3)
An overview of the legal principles applicable to negotiable instruments and bank collections. The course is organized around Articles 3 and 4 of the Uniform Commercial Code and emphasizes: (1) the doctrine of holder in due course, (2) contractual and warranty liability arising from negotiable instruments, and (3) the processing and collection of checks. The latter portion of the course emphasizes the relationship between the customer and the payor bank and attendant problems of forgery.
COMPARATIVE CIVIL PROCEDURE – 8192 – (2)
The course will provide a comparison between state civil procedure rules and the federal civil procedure rules. Each student in the class will prepare a response to case problems based on the research of the state law where the student intends to sit.
COMPREHENSIVE LEGAL ANALYSIS – 9548 – (3)
Comprehensive Legal Analysis (CLA) is a three-credit course offered every spring for upper-level students. Its goal is to help students begin preparation for key components of the pending Uniform Bar Examination (UBE) in three primary areas:
* Offering a limited review of four heavily-tested MEE subjects – Torts, Trusts & Estates, Criminal Law/Procedure, and Family Law;
* Introducing students to concepts, strategies, and problems related to the Multistate Practice Test (MPT) of the UBE; and
* Focusing on all aspects of producing consistent quality essay responses for the Multistate Essay Examination (MEE) of the UBE, including but not limited to: organization, time management, formatting, and writing with confidence.
CONSTITUTIONAL LAW I – 8030 – (3)
This course examines the powers allocated by the Constitution to the federal judiciary, Congress and the President; the separation of powers among the three branches of government; and the allocation of power between the federal and state governments under principles of federalism. The course will introduce the state action and incorporation doctrines and their application to the protection of individual rights against government incursion.
CONSTITUTIONAL LAW II – 8130 – (3)
Prerequisite: Constitutional Law I – 8030.
This course is designed to cover issues of individual rights under the First and Fourteenth Amendments. The course begins with a review of state action, incorporation doctrine and Congress’s enforcement powers under the Reconstruction Amendments. First Amendment topics include freedom of expression, freedom of religion, separation of church and state, freedom of press and freedom of association. Fourteenth Amendment topics include equal protection, privileges and immunities, substantive due process, procedural due process and other protections under the Bill of Rights.
CONTRACTS I – 7010 – (3)
An introduction to contract formation including offer, acceptance and consideration, contract formalities including the Statute of Frauds, the parol evidence rule and implied obligations.
CONTRACTS II – 7111 – (2)
Prerequisite: Contracts I -7010.
An examination of contract interpretation; performance of the contract, conditions and breach; avoidance of the contract, including the defenses of frustration of purpose, impracticability, impossibility, incapacity, duress, undue influence, mistake, misrepresentation and unconscionability; and remedies.
COPYRIGHT LAW – 9365 – (3)
This course is designed to: (1) present basic copyright principles to the law student. (2) It is also designed to introduce a statutory framework of a federal regulatory scheme which governs the protections of a specific set of intellectual properties. (3) It is expected that the student will obtain a basic skill set necessary to interpret and analyze practical copyright problems.
COPYRIGHTS AND MUSIC – 9367 – (3)
This course is designed to explore the issues of copyright protection for authors’ creative works within the context of rap, blues and jazz performances. In this course students will hear artists perform musical compositions, listen to musical performances, view films, view presentations and analyze intellectual property claims related to specific music.
CORPORATE JUSTICE – 8310 – (2)
This course will provide a comprehensive overview of the historical foundations of Corporate Social Responsibility (CSR) and how it can be used as a tool for legal activism.
CORPORATE SOCIAL RESPONSIBILITY AND THE INTERSECTION OF TAX POLICY – 8314 – (1)
This course will explore the application of CSR to tax planning, strategy and policy. Issues of taxation have largely been excluded from the core CSR discussion. Such exclusion is largely predicated on the notion that the primary purpose of any entity is to minimize or avoid tax through any legal means possible. As a result, many corporations develop elaborate and aggressive tax avoidance strategies to accomplish this goal and many corporations even view their tax departments as profit centers. In an effort to incorporate CSR in the tax planning process, some experts have advanced that corporations engage remedial measures. This course will discuss many of these measures while also probing the extent to which race and socio economic status have a palatable effect on corporate tax policy.
CORPORATIONS – 8040 – (3)
(Evening Program Only)
A study of the corporation as a business form. The course explores the advantages and disadvantages of incorporation. The formation, management, and control of both closely-held and publicly-traded corporations are examined. The course is designed to complement Agency-Partnership 8200.
CRIMINAL DEFENSE CLINIC – 9270 – (3)
(CLASSROOM)
Prerequisites: Criminal Law – 7080 and Evidence – 8010, Criminal Procedure – 8210, and Trial Practice – 8170 (Either Criminal Procedure – 8210 or Trial Practice – 8170 may be taken as a co-requisite instead).
This is the first component of the year-long Criminal Defense Clinic program. This course focuses on North Carolina criminal procedure and defense practice in misdemeanor cases. Course work includes readings, classroom lectures and discussions, written assignments, and simulation activities. The course grade is based on various assignments, including a final examination and students’ prosecution or defense of a mock criminal trial.
CRIMINAL DEFENSE CLINIC – 9271 – (3)
(FIELD)
Prerequisites: Criminal Defense Clinic – 9270.
This is the second component of the year-long Criminal Defense Clinic program. Students participate in the supervised representation of misdemeanor criminal defendants and community engagement projects under the North Carolina State Bar’s rules for student practice. Students may either work in-house or extern for a total of 128 hours of field work. In-house students work under a professor’s supervision, primarily on cases referred by the Durham Public Defender’s Office, and conduct themselves as attorney members of a law firm that meets on a weekly basis. As externs, students complete their field work in a public defender’s office, submitting to the course professor time sheets and reflective journal entries about their experiences. Externs receive a pass-fail grade for their work in the course. In-house students receive a letter grade.
CRIMINAL LAW – 7080 – (3)
A survey of the substantive criminal law, emphasizing elements of criminal culpability including defenses, constitutional limitations on declaring certain conduct criminal, and the purposes of punishment.
CRIMINAL PROSECUTION CLINIC – 9268 – (3)
(FIELD)
Prerequisites: Trial Practice – 8170, Criminal Litigation Clinic – 9270.
This is the same as Course Number 9271 except that students work for a minimum of 15 hours-per week and earn two credit hours.
CRIMINAL PROCEDURE – 8210 – (3)
An examination of the Fourth, Fifth, and Sixth Amendments to the United States Constitution and the regulation of law enforcement conduct during criminal investigations. Subjects covered include arrests, searches and seizures, indictments, trials, punishments, confessions, and the right to an attorney. Course coverage begins with the Due Process Clause and its impact on the trial of criminal defendants.
CRIMINAL PROSECUTION CLINIC – 9269 – (3)
(CLASSROOM)
Prerequisites: Criminal Law – 7080, Criminal Procedure – 8210, Evidence – 8010, Trial Practice – 8170.
The classroom component of the clinic includes lectures, readings, guest speakers, written assignments, and hearing and trial simulations. The course focuses on North Carolina criminal procedure from arrest through sentencing. The course will highlight issues unique to prosecutors including charging decisions, plea negotiations, calendaring, discovery, special ethical considerations, and the Victims Rights Act.
CRITICAL THINKING – 7000 – (1)
There are several important skills that every law student must develop and master for success in law school and beyond. Those skills are critical thinking, critical reading, critical listening, writing, case briefing, effective studying, organization and self-management (including time management and self-analysis and assessment.) This course will allow first year law students to increase these skills and it will also seek to increase the students’ ability to engage in the classroom, to succeed on exams and to increase their ability to pass the bar.
D
DECEDENTS’ ESTATES I – 8020 – (3)
An examination of the substantive law of intestate succession, wills, and trusts. Topics covered include the execution, revocation, and construction of wills and trusts, and the protection of family members against disinheritance.
DECEDENTS’ ESTATES II – 8120 – (3)
Prerequisite: Decedents’ Estates I -8020.
An examination of the law of future interests, including rules regarding class gifts, powers of appointment, and the rule against perpetuities.
DNA EXONERATION – 8302 – (1)
This course will focus on contemporary issues in criminal justice policy and practice. Forensic DNA typing has been hailed by the police, the courts, and even criminal defense lawyers as a scientific technique that can exonerate persons wrongly accused of crimes they did not commit. This seminar will address several important questions about the use of DNA by our criminal justice system, including its reliability and how DNA has been used to free wrongfully convicted defendants.
E
EDUCATIONAL JUSTICE – 8306 – (1)
This course is designed to focus the student’s and professor’s attention on the development of educational equity jurisprudence. We will examine and critique the evolution of litigation strategies from “separate but equal” as espoused in Plessy v. Ferguson, the “integrative ideal” as seen in Brown, equity to adequacy in the school finance arena. The emphasis here is to approach with careful consideration the effect of litigation on school reform policy to understand the success and failures in this context. We will use a critical race lens to understand intersectionality as it applies to education policy.
EMPLOYMENT DISCRIMINATION – 9221 – (3)
A study of legal issues surrounding discrimination against job applicants and employees on the basis of race, sex, religion, disability, and age. The Equal Employment Opportunity Act will be discussed.
EMPLOYMENT LAW – 9380 – (3)
Employment Law is designed to provide a practical overview of the main employment law issues that arise in the U.S. workplace. This course examines bodies of statutory and common law regulating the individual employment relationship and covers common law employment doctrines, including at-will employment, contract and tort erosions of at-will employment, employee duties, including the duty of loyalty and trade secrets, noncompetition agreements, and rights to employee inventions and workplace injuries, including workers compensation, OSHA, and criminal and tort approaches to promoting a safe workplace. The student will develop an appreciation for the areas often encountered by private practitioners or in-house labor and employment attorneys.
ENTERTAINMENT BUSINESS LAW – 8255 – (3)
An examination of the legal problems encountered in the production, marketing and distribution of literary, musical and artistic properties; the negotiation and drafting of related contracts; and the production of creative works.
ENVIRONMENTAL JUSTICE – 8305 – (1)
This course looks at how and why minority communities, especially people of color, are disproportionately exposed to health risks and environmental risks because of where they live and where they work. These health risks go beyond the obvious, such as dirty air from polluting industries or exposure to hazardous waste at a landfill. The fact that a vast majority of toxic waste dumps in the southern United States are located in African-American communities is well-documented. But there are insidious risks of cancer and respiratory problems that result from more tenuous connections with environmental injustice. For example, African-American children suffer from asthma at twice the rate of white children; they die from asthma at four times the rate. Why do African-American children have a higher rate of asthma to begin with? Is it related to the environment where they live, play, and go to school? Is it related to access to health care? Is access to quality health care an environmental justice issue in this context?
ENVIRONMENTAL LAW – 8004 – (3)
In this course we will explore an exciting field of law that looks not just at legal issues, but also social, scientific, and moral issues. This class covers the history of environmental values and policies; including a discussion of economics and the environment, common law roots, approaches to federalism, and environmental justice. We look at specific case studies, such as the ongoing debate about opening the Arctic National Wildlife Refuge to oil drilling. Among the specific regulatory mechanisms we study are the Resource Conservation & Recovery Act, Toxic Substances Control Act, Clean Air Act, Clean Water Act, Superfund, and the Endangered Species Act. We also explore biodiversity protection, land use regulation, and environmental enforcement. Throughout the class, we ask questions about how environmental justice issues have or have not been taken into account.
EVIDENCE – 8010 – (3)
An examination of the rules of evidence and the roles of the judge, jury, and attorney in the fact-finding process. Subjects covered include witness examination, competency, privileges, exclusion, the hearsay rule, authenticity, best evidence rule, parol evidence rule, and opinion evidence.
F
FAMILY LAW CLINIC – 9050 – (3)
(CLASSROOM)
Prerequisites: Family Law – 8070 (may be taken concurrently), Trial Practice I -8170.
The classroom component of the clinic includes lectures, reading, drafting pleadings, mock interviews, a bench trial and/or a community project.
FAMILY LAW CLINIC – 9051 – (3)
(FIELD)
Prerequisite: Family Law Classroom Clinic -9051 (Fall Semester).
Students participate in the supervised representation of family law litigants under the North Carolina third-year practice rule. Areas of practice include divorce, custody, name changes, power of attorney, and the drafting of wills. Students must work at least eight hours a week and complete all documentation. This course is graded on a pass/fail scale.
FAMILY RELATIONS – 8070 – (3)
A survey course that examines the nature and law of marriage, the contract to marry and its consequences, prenuptial agreements, annulment, divorce and separation, alimony and support obligations. Equitable distribution, the concept of family, rights and duties of parent and child, child custody, visitation and support, termination of parental rights and adoption, and procreation including legitimacy, contraception and new reproduction technologies are also covered.
FEDERAL INCOME TAXATION – 8050 – (3)
An introduction to the basic structure of federal income taxation including gross income, deductions, tax rates, treatment of gains and losses, and computation of taxable income. Emphasis is placed on fundamentals and areas of concern to general practitioners.
G
GENERAL EXTERNSHIP PROGRAM I – 9800 – (1-4)
This program is designed primarily for students who are not enrolled in one of the seven structured clinics. This externship will provide opportunities for students who study a specialized area of the law in one of the elective courses such as Immigration, Patents and Trademarks, or Judicial. The program will operate via the ABA Standards for Study Outside the Classroom and provide exposure to the skills and methods of that area of practice.
Before you register, you must be approved for placement by the Director of Clinical Education and have at least one recommendation from a faculty member who teaches in the area of the proposed placement. You must have performed 100 documented hours toward the externship , and present a final report (or weekly journal) that is reflective of the learning experience. Some work hours will be at the site of the externship placement. As in the on-site clinical programs, students will focus on interview and client counseling skills, legal research, identification and analysis of relevant legal issues, document preparation, and other legal writing. This course is graded on a pass/fail basis.
GENERAL EXTERNSHIP PROGRAM II – 9801 – (1-4)
GLOBAL INTELLECTUAL PROPERTY LAW – 8014 – (3)
An advanced Intellectual Property (IP) class, “global” in both its international perspective and in its advanced consideration of policy concerns behind IP law. The course will include an overview of the major international agreements governing the exchange and protection of intellectual property on the international market. Some aspects of comparative law will be covered (e.g. droit moral) while retaining a focus on the major conventions and treaties (Berne, Paris, Madrid, TRIPs, EU harmonization) impacting both domestic regulation and international exchange of IP. A critical analysis of the US system will also be included, focusing on copyright term extension and trademark protection backlashes, and other emerging issues.
H
HIP HOP, LAW, AND SOCIAL JUSTICE – 8256 – (1)
The term Hip Hop has been typically used to refer to a style of music and musical production that originated in the African American and Latino communities in the Bronx, New York during the 1970s. But, Hip Hop is more. Indeed it is much more. A more expansive definition of definition of hip hop refers to a counter-culture, one that rejects the “high-arts” as the best mode and modality of artistic expression. The four traditional pillars of hip-hop are: DeeJaying (vs musical instruments); Rapping (vs singing); Breakdancing (vs. Ballet), and Graffiti art (vs. painting). Five additional pillars are sometimes added: hip-hop fashion, beat-boxing, hip-hop slang, street knowledge, and street entrepreneurship.
This course wishes to add another layer to the definition of hip hop: as a representation of a broad constellation of knowledge that captures, encompasses, and transcends our historical and contemporary understanding of American law. It is no mistake that the ignored American underclass has evolved hip hop into unimaginable economic success with a worldwide cultural impact in only four decades. It began as medium to produce happiness by escaping misery. Far from being simply the frustrated rants of the urban poor, hip hop music simultaneously reflects and influences the way the American youth view politics, capitalism, sexuality, education, racial stereotypes, and gender roles. However, along the way, hip hop has been commercialized and “commodified” and various controversies have arisen. What role does hip hop play in reproducing the very static society it originally sought to obliterate? How does hip hop produce knowledge while reflecting divisive cultural values: misogyny, violence, homophobia, and financial irresponsibility. In other words, why bother listening to hip hop, it has been pronounced dead, after all? Questions abound.
The goal of the course will be to further several pedagogical, theoretical, and practical initiatives related to reading the intersections of law and hip hop culture. Simply, the course will draw upon the broad depth of scholarship, documentaries, journalistic reports, and interviews devoted to discussing, debating, and evaluating the presence of hip hop as a 21st Century cultural phenomenon. However, rather than solely focusing on hip hop, the course will ask students to think about how hip hop currently investigates and critiques American law. By centering the law, students will be required to think critically about hip hop’s evaluation of such themes as the Fourth Amendment Searches and Seizures, Mass Incarceration and the Prison Industrial Complex, Black Sexual Politics, Feminism, Justice Narratives, to name a few. Students will be required to read high-level critical theory, social and cultural anthropologies, ethnographies of crime and capitalism, and legal scholarship on law, hip hop, and punishment.
I
IMMIGRATION LAW – 9046 – (2)
The course is limited to 15 students to allow for maximum student discussion and involvement. During the first half of the semester, we will study immigration law from a practical standpoint – learning about different types of immigration into the United States. We’ll discuss the history of immigration, the wide range of temporary, nonimmigrant visa options as well as permanent immigrant visa options.
IN-HOUSE CORPORATE PRACTICE – 9901 – (2)
This lecture series describes the role of “in-house” legal counsel in actual practice. The organization of the corporate law department is discussed including those functions within corporations handled generally by in-house lawyers and the relationship of in-house counsel to outside counsel. A sampling of specialties of in-house corporate practice is presented and the final group of lectures discusses the in-house lawyer’s role in transactional issues including mergers, acquisitions, divestitures and major contract projects. The final class gives students the opportunity for an open forum with corporate General Counsel. Preparatory readings are assigned and students are graded on the basis of a final paper. The daily Wall Street Journal is required reading and one or more articles will be chosen each week for discussion to supplement the scheduled lecture. Either Business Associations or Corporations is recommended as a co-requisite.
INTELLECTUAL PROPERTY – 8222 – (3)
A survey of the law as it relates to the protection of products of the mind, including copyright, trademark, unfair trade practices, trade secrets, and state-based tort law protections. The course will familiarize students with both federal and state schemes and prepare students to identify the appropriate form of protection for a variety of situations. Patent protection is covered in Patent Law 9360.
J
JUDICIAL OPINION WRITING – 9521 – (2)
An overview of the procedures and practical aspects of a judicial clerkship. Topics covered include coverage of clerkship duties, drafting an opinion, confidentiality, prohibited practices, appellate rules, case law, citations and oral arguments. Students will learn to trace the sources and evolution of appellate law; explain the structure and jurisdiction of the appellate courts; distinguish procedural law from substantive law on appeals; list and describe the essential elements of an opinion; and describe the Rules of Appellate Procedure and their application to opinions.
JUVENILE LAW CLINIC – 8630 – (3)
Corequisites: Criminal Procedure – 8210, Trial Practice – 8170 (preferred but not required).
Students will participate in 128 hours of combined classroom instruction, supervised representation, and community involvement. Students learn the North Carolina Juvenile Code and North Carolina Public Schools Policies. Under the supervision of a licensed attorney, students will represent children in juvenile delinquency court proceedings and long term suspension administrative hearings. Delinquency cases are assigned by the Durham County Public Defender’s Office and long term suspension cases are received by referrals. Students perform all work on assigned cases as the lead attorney. The course if graded on a pass/fail basis.
L
LAW JOURNAL I: Co-Curricular – 8260 – (1)
Emphasizes the utilization of research methodology as well as legal writing skills in developing significant research topics and editing contributions by legal scholars for publication in one of the student-edited law journals.
LAW JOURNAL II: Co-Curricular – 9160 – (1)
This is a continuation of Law Journal 8260.
LAW JOURNAL IV: Co-Curricular – 9261 – (2)
This is a continuation of Law Journal II – 9160 and is available only to members of the Board of Editors of the North Carolina Central University Law Journal.
LAW OFFICE PRACTICE – 9280 – (1)
Subjects covered include organizational theory, forms of practice, support staff selection, time keeping, fee schedules, billing practice, calendar systems, library and information retrieval systems, office equipment, and client development.
LAW PRACTICE TECHNOLOGY – 9282 – (2)
This course will provide students with the background to understand technological changes in society and the legal field, and how those changes are impacting the way attorneys manage and provide legal services. Areas of special focus include case and client management; document management and electronic discovery; information literacy; presentation technologies; and professional responsibility. Readings and guest speakers will address both general technological issues as well as specific legal ramifications. Students will participate through their course projects.
LEGAL LETTERS – 8013 – (2)
Prerequisites: Legal Reasoning & Analysis – 7121, Legal Research and Persuasive Writing – 7122.
To strengthen the student’s legal research, analytical and communication skills, students will prepare a research memo. Students will be assigned to prepare various letters such as a detailed client letter, a demand letter, a response to a demand letter, a letter to an administrative or regulatory agency, an investigative letter from Agency to Respondent and a decision letter from the Agency.
LEGAL LETTERS Lab – 8013L – (1)
The Research Lab component of the Legal Letters class will provide guided exercises, lectures, and assignments. These will work in conjunction with the assignments provided by the Legal Letters Professor to ensure that research for the course is appropriate and on point.
LEGAL PROBLEMS OF THE POOR – 8300 – (2)
This course examines crime, race relations, and poverty. Emphasis is focused on the amelioration of social problems by examining the nature of special interest groups, causes of crime, and the treatment of criminal offenders.
LEGAL REASONING AND ANALYSIS – 7121 – (3)
Students are introduced to the basics of legal reasoning, analysis and writing, such as preparation of case briefs, issue identification, identification of key facts, analogy, distinction, case synthesis, and statutory construction. The course concludes with a closed-research, objective memorandum of law.
LEGAL RESEARCH AND PERSUASION – 7122 – (3)
Prerequisite: Legal Reasoning & Analysis – 7121.
This course will teach students the fundamentals of legal research and citation form and will provide advanced instruction in legal reasoning and analysis. The course identifies and describes the primary sources of law and relevant finding tools in print and electronic format. Students receive instruction on the research strategies necessary to find and update the law. Students prepare a research outline and an open-research, persuasive memorandum of law.
LEGAL SYSTEMS – 8003 – (2)
An intermediate survey course that provides an overview of court systems, judicial opinions, prominent schools of legal thought, approaches to legal problem solving (including alternative dispute resolution), and statutory drafting, interpretation, and analysis. Evaluation of students is through examination at the end of each unit of study.
LICENSING AND TECHNOLOGY TRANSFER – 9032 – (3)
Practical training dealing with contractual agreements governing the exchange of intellectual property, including negotiation of agreements, franchising arrangements, cross-licensing, taxation considerations, and anti-trust prohibitions.
LOW INCOME TAXPAYER CLINIC I – 9075 – (3)
Prerequisites: Fundamentals in Taxation (8050)
The Low Income Taxpayer Clinic is an organization independent from the Internal Revenue Service (IRS) that represents low-income taxpayers in audit, appeals, collections and federal tax litigation. The LITC provides students with hands-on experience representing taxpayers with such matters before the IRS and U.S. Tax Court. The course focuses on developing professional skills, applying procedural and substantive doctrine/theory to practice and addressing ethical issues. Students participating in the clinic gain valuable experience handling client matters, researching individual and small business tax issues and working directly with the IRS. They also educate low income taxpayers about tax matters by participating in community education and outreach programs featuring a wide array of tax issues.
LOW INCOME TAXPAYER CLINIC II – 9077 – (3)
Prerequisites: Low Income Taxpayer Clinic I (9075)
Students enrolled in LITC II are assigned an increased case load and office hours due to the reduced classroom component. In addition, students mentor LITC I clinicians regarding clinic procedure and various case related issues. They will also help set up and facility education and outreach events.
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MEDIATION – 8600 – (2/3)
This course will focus on the theory and practice of mediation, including an in-depth look at transformative, facilitative, directive-evaluative, and narrative approaches to mediation. North Carolina’s court-annexed mediation programs, Dispute Resolution Commission rules, and Professional Standards for Mediators will also be featured.
Note Bene: because of substantially similar content, students may take only one of the following courses for academic credit: Superior Court Mediation – Day, Superior Court Mediation – Evening, or Mediation.
MEDIATION ADVOCACY 8016 – (2)
Prerequisite: Negotiation – 4600 OR Negotiation All Around Us – 9506.
Mediation is now a necessary component of almost every lawsuit filed in North Carolina. Lawyers must be prepared to “coach” their clients through the process. This course will provide hands-on instruction on effective representation of clients in mediation. Students will learn about various mediation processes, how to prepare their case for mediation (as opposed to trial), and how to prepare themselves and their client for mediation through a blend of practice and theory.
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N.C. DISTINCTIONS – 9569 – (3)
A team-taught synthesis course for third-year students that integrates procedural and substantive subjects in a comprehensive format utilizing the statutory framework of a single jurisdiction, North Carolina. The key subject areas are Criminal Procedure, Future Interests, Real Estate Finance, and Family Law.
N.C. RULES – 9536 – (3)
Prerequisites: Civil Procedure I and II, Evidence – 8010.
This course provides a selective review of North Carolina Rules of Civil Procedure and the North Carolina Rules of Evidence. The course will focus on specific rules and the interplay between these rules and decisions of North Carolina appellate courts interpreting them. Discussions will be based on a series of hypothetical questions that students will consider prior to each class.
NEGOTIATION – 4600 – (3)
This is a skills course with a focus on negotiation in the legal context, typically, though not always, in litigated cases. Students will be required to read, write, present, role-play, reflect, and evaluate their own performance and critique the performance of their peers.
NON-PROFIT ORGANIZATIONS – 9023 – (3)
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PATENT CLINIC – I – 8226 – (3)
Pre-requisite: Patent Law I or substantial related work experience as approved by the instructor.
The Patent Clinic consists of a course and practice component within the same semester. The course familiarizes students with the basics of patent application practice before the U.S. Patent & Trademark Office. Students learn searching and application procedures for patent applications, and the basics of the search process and prerequisites for patenting. In the practice component, students interview and screen potential clients, conduct prepare patent search and prepare advisory memos, and learn the basics in drafting patent applications.
PATENT CLINIC – II – 8227 – (3)
Pre-requisite: Patent Clinic I 8226
This course is a continuation of Patent Clinic I, and it expands the scope and skills learned in Patent Clinic I. In particular, this course provides students the opportunity to develop deeper knowledge and skills related to the preparation and prosecution of patent applications before the U.S. Patent & Trademark Office. Students develop efficient patent and claim drafting techniques, and learn prosecution strategies, such as analyzing and responding to office actions while considering prosecution history estoppel.
PATENT LAW I – 9361 – (3)
Patent law is a comprehensive overview of the fundamentals of patent law. Subjects covered include patentable subject matter, conditions for a valid patent, procedures in the patent office, amendments and correction of patents, and litigation procedure, remedies, defenses, and judgments. Trademark, copyright and other state protections for Intellectual Property are covered in Intellectual Property 8222.
PLEA BARGAINING – 9509 – (2)
PLEADINGS & PRACTICE – 9016 – (2)
Prerequisite: Legal Reasoning & Analysis -7121, Legal Research & Persuasion -7122. This course focuses on drafting pleadings, motions, discovery, and other legal documents.
PROFESSIONAL RESPONSIBILITY – 9290 – (2)
An examination of the Rules of Professional Conduct, the roles and
functions of lawyers in society, responsibilities involved in representing clients, and the organization and functions of the bar.
PROPERTY I – 7050 – (3)
An introduction to private real and personal property rights and estates in land. Subjects covered may include the law of finders and other possessors, bailments, adverse possession, and present, future, and concurrent estates in land.
PROPERTY II – 7051 – (2)
Prerequisite: Property I.
Subjects typically covered include landlord and tenant law, covenants and easements, and conveyance.
PUBLIC HEALTH LAW – 3371 – (2)
This class examines the legal, policy, and ethical issues in public health. Topics that will be covered in the course include health promotion and communication; immunization, testing, and screening; infectious disease control; regulation of businesses and professions; and tort litigation for the public’s health.
PUBLIC HEALTH LAW AND VULNERABLE POPULATIONS – 3372 – (1)
Although there exists in the U.S. pervasive and persistent disparities in health status and access to health care based on race/ethnicity, gender, disability status and socio-economic status, among other demographic factors, to date the law has played a relatively modest role in addressing those areas of inequality. This seminar provides students with an opportunity to explore in depth topics relating to the law’s responses (and potential responses) to health inequality. Topics might include, simply by way of example, the obligation of health care providers to provide sign language interpreters for deaf patients; how FDA approval of racially tailored pharmaceuticals implicates equality; or the civil rights implications of limitations on coverage for contraceptives. The seminar will not be limited to examining civil rights law as devices for addressing health inequality, but will also examine how health care reform legislation (particularly the Affordable Health Care Act), public health regulation, and other areas of law may affect inequality.
PUBLIC INTEREST EXTERNSHIP – 9025 – (1-4)
This course allows students to participate in pro bono projects offered through the Pro Bono Program Office or a self-designed, instructor approved pro bono project. Each student is required to work a minimum of 45 hours and to provide either a finished written work product from the project or a final report describing the completed pro bono project. This course is graded on a pass/fail basis.
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RACE AND THE LAW – 8019 – (3)
An extensive examination of the impact of law on race, racism, and racial interactions in the United States. This examination addresses constitutional intent and impact on the rights of African-Americans and other ethnic minorities as well as the development of federal and state statutory enactments affecting those rights. In addition to the study of the historical context of specific race-related cases, students organize and present seminars that explore several contemporary and emerging racial issues and concerns.
REAL ESTATE FINANCE – 9201- (3)
Real Estate Finance is a course about transactions involving real property and security interests in real property, principally focused upon residential real estate dealings, and emphasizing North Carolina law. The course considers the roles and responsibilities of professionals in the typical real estate transaction, including brokers, agents and lawyers, whose conduct may be regulated by statute as well as by rules of professional responsibility, and also examines the conduct of buyers and sellers in such transactions. Among the substantive topics which may be covered are the contractual and statutory requirements of contracts for listing agreements, offers to purchase, sale agreements, mortgages and promissory notes; as well as alternative financing arrangements, remedies of secured creditors including foreclosure process and procedures, mechanics and material men’s liens, transfers of encumbered real property and the North Carolina Fair Housing Act.
REMEDIES – 9110 – (3)
An examination of the legal rules and principles that determine the nature and measurement of relief to which a successful litigant may be entitled. Students will examine issues related to the elements and measure of money damages, specific performance of contracts, availability and scope of preliminary and permanent injunctive relief, declaratory judgment and restitution. Other areas typically covered include the relationship between legal and equitable relief and ancillary issues such as attorneys’ fees, collection of judgments, governmental immunity and punitive damages.
RESTORATIVE JUSTICE – 8304 – (2)
Restorative justice is a growing social movement to institutionalize peaceful approaches to violations of legal and human rights, harm, and problem-solving. These approaches range from innovations within the criminal justice system, schools, social service organizations, and communities to international peacekeeping tribunals such as the Truth and Reconciliation Commission of South Africa, and similar initiatives in the United States including the Greensboro Truth and Community Reconciliation Project.
In contrast to the criminal justice model involving retribution and punishment, restorative justice focuses on repairing the harms caused by offenses through processes drawn from various cultural and religious traditions. Restorative practices expand the circle of people involved in a harmful event or case beyond the offender and the government to include victims and the community as well.
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SALES AND SECURED TRANSACTIONS – 9030 – (4)
An overview of the legal principles applicable to the sale of goods and security interests in personal property used as collateral for the extension of credit. The first part of the course is organized around the performance and warranty provisions of Article 2 of the Uniform Commercial Code and is designed to build upon and not duplicate the first-year course in Contracts. The second part of the course is organized around Article 9 of the Uniform Commercial Code.
SENIOR WRITING – 9500 – (3) (Evening Program Only)
An intensive writing class based on a single case file. Students will write several practical skills-oriented documents, including letters, pleadings, settlement brochures, motions, and supporting briefs.
SEXUAL IDENTITY AND THE LAW – 8713 – (3)
This class will explore a variety of legal issues related to sexual identity and sexual orientation. This area of the law is ever-changing, and we will discuss legal issues related to sexual identity and orientation in the context of today’s culture; particularly, how these issues are affected by religion and cultural morality. Though much of the legal doctrine considered in this course will be constitutional in nature, the course will also touch on basic family law and possibly employment law.
SPANISH FOR LAWYERS – 9902 – (3)
Prerequisite: Prior Spanish language and conversational skills are required.
This is not a Spanish for Beginners course. Students must not be fluent in Spanish, but must have a basic foundation of the language. The objective of this course is to assist students in meeting the needs of the increasing number of Spanish-speaking individuals in our society. The course will increase the awareness of the various legal problems and concerns involving this growing community through an analysis and discussion of local, community, statewide and national issues. Students will also increase their language abilities by learning essential legal terminology as it relates to various areas of law, and will have the opportunity to apply their knowledge of the material through simulated exercises and activities which require the use of the learned material (client interviews, real estate closings, etc.). The course will also provide additional skills that will assist students in communicating with and more effectively representing their Spanish-speaking clients.
SPECIAL TOPICS: LAWYERS AND LEADERSHIP – 8018 – (2)
As lawyers, and even as law students, you will be called upon to lead. Some will be leaders in the profession and others will become community leaders. This course will examine the skills necessary to provide effective leadership. We will explore styles of leadership, developing leadership skills, leadership challenges, influences on leadership, the importance of diversity and inclusion, moral leadership, and activism. Individualized developmental goals for each student will be formulated. Throughout the course, all material will be viewed through the lens of professionalism and civility. Concepts will be taught through case studies, reading assignments, class discussions and guest speakers. Evaluation will be based on class participation, submission of written assignments, and an in-class presentation.
STATE AND LOCAL GOVERNMENT LAW – 8190 – (3)
A study of the sources of state and local governmental power, issues relating to special legislation, local government taxing authority and land-use regulations; and an examination of governmental assistance to private business, privatizing of governmental services, the law of eminent domain, and constitutional limitations on local government regulatory authority.
STREET LAW – 8171 – (1)
Law students learn how to teach Street Law to middle and high school students. Methods of instruction include lectures, role-playing, guest speakers, and the development of lesson plans. Students are assigned to a Durham Public School location and teach a unit on law as part of a social studies course, in cooperation with the regular teacher. The course is graded on a pass/fail basis.
SUPREME COURT REVIEW – 9252- (2)
Supreme Court Review is a two-credit course where students will examine the major cases and events of the most recent term of the United States Supreme Court, and preview significant cases of the upcoming term. Students will also examine the Supreme Court as an institution.
SUPREME COURT SEMINAR – 9251- (3)
Supreme Court Seminar is a three-credit seminar designed to examine the Supreme Court as an institution. Students will explore and study a number of aspects of the Court including the history of the Court, the judicial appointment process, the individual justices, and the Court’s litigation process. Students will also exam select cases pending on the Court’s current docket. If feasible, students will also travel to Washington, D.C. as a group to tour the Court and observe actual Supreme Court arguments. Course grades will be based on classroom participation, three writing assignments, and an oral presentation in the form of the short mock argument of a pending Supreme Court case. This seminar satisfies both the writing and oral component requirements.
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TAXATION OF BUSINESS ENTITIES – CORPORATIONS – 9082 – (3)
Prerequisite: Taxation – 8050.
This class is an examination of the federal income taxation of S and C corporations and shareholders. Consideration is given to tax aspects of the formation, operation, liquidation, purchase and sale of corporations, and choice of business entity.
TAXATION OF BUSINESS ENTITIES – PARTNERSHIPS – 9080 – (3)
Welcome to the world of corporate taxation. In this class, we will be investigating the taxation of corporations. We will not be looking at non-profit corporations because they are generally not subject to the income tax regime (with a few exceptions including the unrelated business income tax or UBIT). Most of the rules we will be investigating are contained in Subchapter C of the Internal Revenue Code. This course is transactional in nature, reflecting the primary role of the tax lawyer. Thus, as a byproduct of this class, you will also be exposed to a fair amount of business transactions that corporations engage into. The good tax lawyer must also be aware of client goals because sometimes the most tax efficient way to do a transaction may not be in line with the objectives of the client. This course is challenging as the language of the Code is often (if not always) complex.
THE LAWYER AS PROBLEM SOLVER – 4616 – (3)
The Lawyer as Problem Solver course is designed to achieve four goals:
- learn about and practice mindfulness meditation;
- research and discuss social and/or criminal justice issues;
- create a quality paper on professor-approved legal issue
- develop problem-solving skills.
THEORIES OF CONFLICT – 8022 – (2)
This course will examine conflict from a variety of disciplines including communication, management, political science, psychology, and public administration. Implications for conflict escalation, de-escalation, conflict transformation, and perspectives on justice will be addressed. Students in this course will be expected to read several scholarly articles and chapters, engage in offline activities, and discuss them in both synchronous and asynchronous online environments. Additional assignments include leading a forum discussion activity and a written project that translates conflict theory to the practice of conflict management.
TORTS I – 7040 – (3)
An introduction to the principles of tort liability for intentional and negligently caused injuries to persons and property. Subjects covered typically include assault, battery, false imprisonment, infliction of emotional distress, and trespass and defenses to liability, including consent.
TORTS II – 7041 – (2)
Prerequisite: Torts I .
An examination of defenses to liability based on negligence, including contributory negligence, assumption of risk, and statutes of limitation. Coverage also includes releases and covenants not to sue, vicarious liability, wrongful death actions, negligent infliction of emotional distress, nuisance, misrepresentation, strict liability, and products liability.
TRADEMARK CLINIC – CLASSROOM 8223 – (3)
This course will familiarize students with the basics of trademark application practice before the USPTO. Students will look at the search and application procedures for trademark applications for federal registration and understand the basics of the search criteria and protection prerequisites of the trademark regime. Students will prepare a sample trademarks search analysis and application is the primary course work for the class. The course will be graded on a pass/fail basis. Students must have completed an IP-related class or have substantial related work experience and approval of the instructor.
TRADEMARK CLINIC- FIELD I – 8224 – (3)
Co-requisite: Law 8223
Students will work with the supervising attorney preparing trademark searches, opinions on protection, and if applicable, application for trademark registration with the USPTO. Clinicians will serve low-wealth entrepreneurs referred from business incubator programs such as Technology Incubator/Office of Technology Transfer of NC State, NC LEAP (North Carolina Lawyers for Entrepreneurs Assistance Program of NCBA), NCCU Small Business and Community Development Clinic. Students will document at least 50 hours to receive pass/fail credit for each hour of the class.
TRIAL PRACTICE I – 8170 – (3)
Prerequisite: Evidence – 8010
A study of the process of client representation focusing on trial preparation: fact gathering, negotiating and counseling, and the final trial. The course involves exercises on direct and cross-examination, jury selection, and closing arguments. Each student participates in a mock trial.
TRIAL PRACTICE II: TRIAL ADVOCACY BOARD – 8172 – (1)
Prerequisite: Trial Practice I, Co-Curricular
Students who have excelled in Trial Practice I are chosen, through in-house trial competitions, to participate in various regional and national competitions. Students must participate in a certified trial competition in order to obtain Senior Board status and to earn a grade for credit.
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VETERANS’ LAW CLINIC I – 8151 – (3)
This course is part of the Clinical Program. It serves as the first step in preparing students to represent Veterans of the U.S. military, naval or air services and their eligible family members before the U.S. Department of Veterans Affairs (USDVA) and appellate courts. While the primary role of an attorney representing Veterans is during the appeals process, he or she cannot effectively represent them without a thorough understanding of the claims process.
VETERANS’ LAW CLINIC II – 8152 – (3)
The following syllabus is an outline of our planned progress for the semester. The focus of the Veterans Law Clinic is to help educate and enable law students become skilled in the veterans’ claims adjudication process.
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WORKERS’ COMPENSATION – 8230 – (2)
A study of the system of compensation provided by statute for injury to or death of employees arising out of and in the course of their employment, including statutory procedures for determination and review of compensation awards. N.C. law requires that every employer with three or more employees must have workers’ compensation insurance. The rights and remedies for employees, as well as defenses for employers, are studied through the statutes, Industrial Commission Rules and case law. This class is only offered in the fall and is taught by Adjunct Professor Jernigan, a practicing attorney in this field in Raleigh who is the author of N.C Workers’ Compensation – Law and Practice (4th Edition), published by Thomson-Reuters (Westlaw).
WRITING FOR THE MULTI-STATE ESSAY EXAMINATION (MEE) – 9542 – (1)
This course is intended to introduce third year students and fourth year evening students to the formatting and requirements of the Multistate Essay Examination (MEE) which is a required Bar exam component for several jurisdictions. The course will be a combination of lecture classes and writing labs starting with an introduction to the format of the test and providing students with an opportunity to work their way through practice essays from previous years’ tests with detailed isntructor feedback and in-class review sessions. An in-class writing component will also help prepare students to work under timed conditions as they will be expected to do on the Bar exam. This course will be graded. Grades are based on graded, timed in-class essays as well as successful completion of additional practice essays and quizzes towards a participation component.
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