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 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.
ADVANCED LEGAL RESEARCH – 9700 – (2)
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 LEGAL WRITING – 9703 – (2) 26 to 45 pgs. (3) 46 to 65 pgs.
The course addresses the skill of legal writing, including analyzing legal issues, advanced grammar, organizing strategies, effective writing techniques, and using new editing techniques. The students will prepare two short writing exercises during the course, culminating in the production of a final scholarly paper. The student will choose the subject and receive advice from the course instructor during the semester regarding this final scholarly paper. At the end of the semester, the student may prepare a short presentation to the class, sharing his/her project, as appropriate.
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.
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.
ADR: PROCESSES AND PRACTICE – 9503 – (2)
The ADR Clinic is designed to introduce students to the range of available dispute resolution processes, particularly within North Carolina court-annexed ADR programs, and to teach them how to determine what process may be most appropriate for resolving different kinds of cases. Students will be required to complete a 40-hour training program in Basic Mediation, Arbitration, Collaborative Law, and related subjects. Students must also attend at least five district court sessions as mediators and participate in at least six mediations, attend and observe Drug Treatment Court and district court arbitrations, participate in or observe an elective from a wide range of cases including mediation, mediation-arbitration and arbitration, and keep a journal. The course will be graded on a pass/fail scale.
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.
ANTITRUST LAW – 9411 – (3)
Antitrust and Competition Law is a topical, substantively challenging three-hour course that considers the laws that ensure competition in the marketplace and thereby, protection of consumers. Topics include the kinds of market behaviors by firms, both lawful and unlawful, that can affect competition; e.g., agreements between firms and their suppliers and/or customers, monopolization, mergers, and agreements between rival/competitor firms. We will also consider the effects of antitrust law and enforcement policy on competition in the “new” digital, global economy. We will examine relevant Federal laws and North Carolina’s “little antitrust/competition” statutes historical context and precedential case law, including key decisions by the United States Supreme Court and influential modern lower court decisions and government enforcement guidelines. In recent years, antitrust proofs and analysis have emphasized economic concepts, which will be integrated into the presentation of cases and policy theories.
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 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)
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.
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.
BANKRUPTCY SEMINAR – 9045 – (2)
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 TRANSACTIONS FOR LAWYERS – 9012 – (2)
This course is designed to provide students unfamiliar with the world of business with enough background and information to understand the business decision-making process. Areas of coverage include: real estate finance, retirement planning, life insurance, basic accounting, federal taxation, business entities, the stock market and investment strategy.
CHILDREN AND THE LAW – 9010 – (2)
Persons under the age of eighteen make up just over a quarter of the United States population. The well-being of children depends, to a large extent, on their rights under the law. Perhaps the key theme in the law of children is that they do not act in the legal world in isolation; rather, they are part of a triangle that includes parents and the state. In this seminar course, students will examine issues related to the place of children in society and the implications of those issues for both law and policy. Students are required to complete a substantial seminar paper as part of the course requirements.
CIVIL LITIGATION CLINIC – 9230 – (2)
Prerequisite: Trial Practice 8170.
The classroom component of the clinic includes lectures, readings, written assignments and trial simulations.
CIVIL LITIGATION CLINIC – 9232 – (2)
Prerequisite: Trial Practice – 8170; Civil Litigation Clinic – 9230.
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. This course is graded on a pass/fail scale.
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.
CONSTITUTIONAL LAW I – 8031 – (4)
An examination of the allocation of power between the federal and state governments, the separation of powers between the three branches of government, and the power of Congress to regulate interstate commerce. The course also covers equal protection of the law and both substantive and procedural due process.
CONSTITUTIONAL LAW II: THE FIRST AMENDMENT – 8131 – (2)
Prerequisite: Constitutional Law I – 8031.
This course examines judicial review and the First Amendment. Subjects include jurisdiction of the United States Supreme Court, standing, mootness, ripeness and political questions. The First Amendment topics include freedom of press, assembly and religion.
CONSTITUTIONAL LAW II: THE FOURTEENTH AMENDMENT – 8132 – (3)
This course is designed to cover issues of individual rights under the Fourteenth Amendment that are given only brief treatment in the introductory first- year course. Subjects include equal protection, substantive due process, state action, and Congress’s power to enforce the Fourteenth Amendment’s guarantees.
The current Constructional Law II would be redesignated as “Freedom of Speech & Press.”
CONSUMER PROTECTION – 8235 – (3)
An examination of common law and statutory principles applicable to consumer transactions. The course focuses on such topics as fraud and unconscionability as well as administrative regulation of consumer transactions by state agencies and the Federal Trade Commission. In addition, various common law and statutory protections of debtors are examined.
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.
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 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 DEFENSE CLINIC – 9270 – (2)
Prerequisites: Criminal Law – 7080, Criminal Procedure – 8210, Evidence – 8010, Trial Practice – 8170.
The classroom component of the clinic includes lectures, readings, written assignments and trial simulations. The course focuses on learning the procedure that governs the disposition of criminal cases in North Carolina. The course grade is based on an examination and students’ prosecution or defense of a mock criminal trial.
CRIMINAL DEFENSE CLINIC – 9271 – (2)
Prerequisites: Trial Practice – 8170, Criminal Litigation Clinic – 9270.
Students participate in the supervised representation of criminal defendants under the North Carolina third-year practice rule. Students may work in-house or extern for a total of 100 hours of field work. In-house students work on cases referred to the Clinic by the Durham Public Defender’s Office under the supervision of a professor. In-house students conduct themselves as attorney members of a law firm which meets on a weekly basis. In-house students are required to be present in the clinic offices to assist in its operation for a minimum of two (2) hours per week. Student externs enrolled in this course work in a local public defender’s office to complete their field work and submit a weekly journal of their experiences to the course professor. Externs will receive a pass-fail grade for their work in the course, while in-house students receive a letter grade.
CRIMINAL PROSECUTION CLINIC – 9268 – (2)
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 – (2)
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 RACE THEORY SEMINAR – 8021 – (3)
Critical Race Theory is a body of legal theory that emerged approximately 30 years ago. It took root as a viewpoint because there was concern that the political climate of the 1970s and 1980s had begun to steadily corrode the gains made by the civil rights laws of the 1960s. Although it touches on several other disciplines, such as history, philosophy, sociology, and anthropology, it is centrally a legal concept that is designed to have students more closely examine the interplay that exists between the subjects of race, the judicial system, power, and privilege. It would likely not be a doctrinally-based class, but would focus more on commentaries about how race, gender, and class have played a critical role in legal outcomes that affect society at large. At the conclusion of the course, it is my hope that students would have a much greater understanding of the law’s role in both imposing and correcting inequities suffered by groups who have been consistently omitted from positions of influence, be they social, economic, or political.
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.
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.
DEBTOR-CREDITOR RIGHTS – 9320 – (3)
A study of the relationship between debtors and creditors and priority among creditors. Subjects covered include attachment, garnishment, judgment, execution, assignments, fraudulent conveyances, exemptions, and consumer bankruptcy.
DISABILITY LAW – 8711 – (3)
A study of legal issues surrounding discrimination against citizens with disabilities. The course will cover, among other statutes, the American with Disabilities Act (ADA), the Rehabilitation Act, and Individuals with Disabilities Education Act (IDEA). The course will address protection against discrimination in employment, public accommodations, housing, education and governmental services. The format of the course may be taught as a regular substantive elective course or a writing seminar.
DOMESTIC VIOLENCE CLINIC – 8902 – (2)
Prerequisite: Domestic Violence: History, Law and Practice – 8900.
In this clinical component course, students will first complete a classroom-based training program. Students will then provide advice and counsel to victims of domestic violence referred from local programs, shelters, and hotlines on how to obtain immediate legal protection against their aggressors. All students will practice under the supervision of the Domestic Violence Clinical Supervising Attorney. Credit received is dependent upon hours invested by the student in accordance with the formula provided by the ABA Standards. Students eligible under the third-year practice rule have the opportunity to represent clients in obtaining protective orders in the Durham County District Court. This clinical course is graded on a pass/fail scale.
DOMESTIC VIOLENCE: HISTORY, LAW AND PRACTICE – 8900 – (3)
This class will train students to advocate for clients in need of assistance with cases of domestic violence and abuse. The course provides a thorough survey of the state and federal criminal civil laws applicable to domestic violence victims and offenders in the United States, with special emphasis on North Carolina law. The historical development of domestic violence related law and the current reform efforts are addressed as well as the practical approaches to working with cases that are often challenging, such as criminal prosecution without victim cooperation.
DRI EXTERNSHIP I – 9803 – (2)
This course may be taken by any student. Students enrolled in the DRI Certificate Program will be given registration preference. The externship is conceived as a mechanism for linking students in meaningful ways to the practice of dispute resolution. The externship must contain a substantial dispute resolution component and provide significant opportunities for students to experience and learn practical dispute resolution applications and skills. Before registering for the course, the student must submit an application/proposal to the Director of the DRI, who has the authority to accept or deny the application. Students are responsible for proposing their own placement, though the DRI can sometimes make suggestions and provide ideas and introductions. Before completing the application, the student must have researched their proposed placement and talked in detail with someone within the organization about how the student’s externship will provide meaningful experience based learning opportunities. Credit for the course requires a minimum of 100 documented hours of work toward the externship and presentation of a final report (or weekly journal) that is reflective of the learning experience. Consult the Director of the Dispute Resolution Institute for more information. This course is graded on a pass/fail scale.
DRI EXTERNSHIP II – 9804 – (2)
This course is required for students seeking the Advanced Certificate in Dispute Resolution. The requirements are the same as DRI Externship I, except that the student must submit a 30 page final paper of publishable quality, the preparation of which will be supervised by the Director. This course is graded on a pass/fail scale.
ELDER LAW – 9572 – (3)
Topics include issues confronting an aging society and the challenge the aging population presents to the law and the delivery of legal services. Specific topics that to be discussed are: Age Discrimination in Employment Act, Income Maintenance (Social Security, Retirement Income, Reverse Mortgages), Health Care (Access, Medicare and Medicaid), Long-term Care (Options and Financing), Housing (Community-based and Continuing Care Retirement Communities), Guardianship and Conservatorship, Proxy Decision-Making (Durable Powers of Attorney, Health Care Powers of Attorney, Living Wills), Elder Abuse and Neglect.
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 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.
ESTATE AND GIFT TAX PLANNING – 9150 – (3)
Prerequisites: Decedents’ Estates I – 8020, Taxation – 8050.
This is a study of statutory law, and judicial and administrative decisions governing federal and North Carolina estate and gift taxation. Subjects covered include gross estate, deductions, tax rates, tax, and computation of the taxable estate, and basic estate and gift tax planning techniques.
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.
FAMILY LAW CLINIC – 9051 – (2)
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 LAW CLINIC – 9050 – (2)
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 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.
GENERAL EXTERNSHIP PROGRAM – 9800 – (2)
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.
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.
HEALTH CARE LAW & POLICY – 3370 – (3)
This course will cover the law covering health care organizations and health policy. The course will cover health care topics such as regulation, liability, access, and fraud & abuse. There are no formal prerequisites to the course, however, Business Associations is strongly recommended.
HISTORY OF THE BLACK AMERICAN LAWYER – 9049 – (2)
History of the Black American Lawyer will introduce students to the origins and development of black Americans in legal practice since 1844. Through readings and discussions of the major historical surveys of this unique professional figure, students will develop their knowledge of the diverse ways in which Black lawyers have practiced and contributed since 1844, with special attention to the regional growth in participation in all manifestations of the profession since the Civil Rights Movement. Students will develop an understanding of the unique challenges Black women lawyers have confronted and overcome, as well, including a group of remarkable women who by the 1940s were serving as judges in a number of American cities. Students will be acquainted with the various professional organizations developed by the lawyers and will be exposed incidentally to the tradition of black lawyering arising from the North Carolina Central University School of Law.
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.
INSURANCE LAW – 9060 – (2)
The study of various types of insurance organizations, state supervision and control of the insurance business, the interests protected by insurance contracts, the selection and control of risks, and the adjustment of losses.
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.
INTERNATIONAL BUSINESS TRANSACTIONS LAW & POLICY – 2791 – (3)
International Business Transactions Law and Policy is a three-hour course that surveys issues in private international business law. With the increasingly global reach of business facilitated by new technologies, participation in “international” transactions is no longer limited to large business enterprises. The scope of the course includes transnational sales of goods under the United Nations Convention for Contracts on the International Sale of Goods (CISG); the Letter of Credit transaction; non-establishment forms of business (e.g., distribution agreements, technology transfers and licensing); and foreign direct investment. Particular attention is given to problems involving commercial piracy, counterfeiting goods, and “gray market” goods.
The settings for such transactions lead to consideration of a general survey of institutions, treaties and agreements that affect such business dealings including, e.g., the European Union, NAFTA, GATT (The General Agreement on Tariffs and Trade), the World Bank and the IMF (International Monetary Fund), as well as the specialized United States Court of International Trade. In addition, the course examines the role of the lawyer in advising and strategic planning as well as the importance of cultural considerations in making successful international business transactions.
From time to time, business people with practical experience working outside the United States will visit the class to discuss both opportunities and obstacles facing U.S. businesses as they engage in international transactions.
Grades will be based solely upon the final examination, which will be “open notes” and personally prepared outlines only. The final examination will consist of a combination of the following kinds of questions: short answer (e.g., fill-in-the-blanks, true/false); Multi-state type problems with multiple choice answers; and one or more short essay problems.
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 – (2)
Prerequisites:: Criminal Procedure – 8210, Trial Practice – 8170.
(option: Concurrent enrollment in prerequisites)
Students participating will represent clients in juvenile detention and long-term suspension administrative hearings. The Clinic will entail a 30-40 hour classroom component consisting of the Juvenile Delinquency Code and Durham Public Schools’ Policies and Procedures on long-term suspension as well as 60-70 hours in the field for a total of 100 hours. The course is graded on a pass/fail basis.
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 the North Carolina Central University Law Journal.
LAW JOURNAL II: Co-Curricular – 9160 – (1)
This is a continuation of Law Journal 8260.
LAW JOURNAL IV: Co-Curricular – 9261 – (1)
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, RELIGION, & THE FIRST AMENDMENT – 8134 – (2)
This course will explore questions arising under the Establishment and Free Exercise clauses of the First Amendment. Consideration will be given to cases concerning religious speech, worship and symbolism in the public square, the public school, and the workplace; and government support for, and protection of religious education in public and private schools.
RESEARCH METHODS IN TAXATION – 9085 – (1)
Prerequisites: Legal Research & Analysis – 7121, Legal Reasoning & Persuasion – 7122.
Recommended Co-curricular: Fundamentals of Income Taxation – 8050.
This course will focus on federal sources of tax law and provide students the opportunity to conduct research using secondary sources as well as statutes, legislative history, regulations, agency decisions, and other sources of tax law, using a variety of print and online sources. The goal of the course is to give students an understanding of the sources of tax law, how the law is made and how to find it in its various forms. Students will understand the interplay between federal statutory and regulatory tax law as well as tax issues that are governed by state law. Student will complete assignment by responding to issues raised by fictional clients who are confronted by tax related challenges. Additionally, students pursuing a tax certificate can earn credit toward their final grade for preliminary research toward the scholarly writing required for completion of the certificate program.
This course will be a fast track course that allows the students to complete the course work prior to spring break by attending one 100-minute class per week for the first seven weeks of the term.
ACCOUNTING FOR LAWYERS – 8163 – (2)
An introductory course designed to familiarize students with little or no accounting background with the fundamentals of accounting and financial analysis. Students will gain familiarity with accounting and business theory, accounting and business terminology, and the financial instruments used in accounting (the balance sheet, the income statement and the cash flow statement). Some emphasis will be placed on analyzing and planning various business transactions from an accounting and legal perspective, using financial data. Students without any accounting training or experience should consider taking this course before taking Personal Income Tax and Business Associations, although it is not a prerequisite for those courses.
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 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)
Offered in the Fall and Spring
Prerequisites: Fundamentals in Taxation 8050; Director Approval
The Low Income Tax Clinic (LITC) provides students with hands-on experience representing taxpayers in disputes with the IRS regarding federal income tax liability before the IRS and U.S. Tax Court. Students represent low-income North Carolina residents who are referred to the clinic by the IRS and non-profit and other advocacy organizations because the clients have no right to court-appointed attorneys and cannot afford to hire private counsel. The tax controversies include such matters as those in which the IRS challenges either the client’s tax return or the failure of the client to file a return. Students learn basic tax procedure and applicable substantive tax law. LITC clinicians receive special permission to practice before the Internal Revenue Service, and also have opportunities to litigate cases in the United States Tax Court. They also educate low income taxpayers about tax matters by participating in numerous community outreach programs featuring a wide array of tax issues.
LOW INCOME TAXPAYER CLINIC II – 9077 – (2)
Prerequisites: Fundamentals of Income Taxation; Low Income Taxpayer Clinic I; Director Approval
Students will continue to work the cases that they had from LITC I in addition to being assigned to work with LITC I clinicians on their cases. The LITC II students will handle more cases due to the reduced classroom component and will be required to have at least 15 hours per week of office hours.
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.
NATIONAL SECURITY LAW SEMINAR – 9070 – (2)
A study of presidential and congressional national security powers under the Constitution and case law; the domestic effect of international law; the use of military force in international relations; investigating terrorism and other national security threats, with a focus on surveillance and other counter terrorism measures; prosecuting terrorists in the federal courts; detention and trial of terrorists by military commissions; the domestic use of the military in law enforcement; and public access to national security information in civil litigation.
NATIVE AMERICAN LAW – 8001 – (3)
This course presents the basic doctrines and historical underpinnings of federal Indian law, including the history of federal Indian policy, the foundations of tribal sovereignty, the federal role in Indian affairs, and the interplay of federal, tribal, and state authority in Indian country. Students study the sources of and limitations on federal power over Indians and Indian tribes; the sources of and federal restraints on tribal governmental authority; the various areas in which tribal governments exercise authority, such as criminal jurisdiction, judicial jurisdiction, regulatory jurisdiction, and jurisdiction over tribal affairs; and state claims to power over both Indian tribes and non-Indians who live or work within Indian country.
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.
NEGOTIATION ALL AROUND US – 9506 – (3)
An elective class designed to appeal to law school students who want to improve their negotiation skills and style and who want to realize more effective outcomes when faced with conflict. Students gain a theoretical framework for understanding negotiation practices and processes through current literature in the area, tested against experience gained through realistic role-plays and simulation exercises. The class is highly interactive and challenges students to use past experiences with conflict to simulate the complexity of circumstances they will face in their future professional careers.
N.C. RULES – 9535 – (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.
PATENT LAW – 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.
PATENT LAW II – 9363 – (3)
This course is a continuation of Patent Law I. The course focuses on the meaning and function of patent claims as property definitions and patent prosecution, including conduct giving rise to the unenforceability of a patent; post-grant procedures; infringement of a patent, including claim interpretation and acts giving rise to infringement.
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.
PUBLIC INTEREST EXTERNSHIP – 9025 – (1)
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.
PROBATE LAW & ESTATE ADMINISTRATION – 9152 – (2)(online)
This course will integrate the law of property, estates and trusts. The course covers substantive law applicable to the probate of estates and trust administration as well as the relevant procedural aspects. Areas of study include duties of attorneys and personal representatives, creditors’ claims, surviving spouse’s elective shares and homestead elections, distributions to minors, sales and transfers of estate assets, accountings and inventories, mediation before the clerk and special litigation issues.
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.
RACE AND POVERTY – 2491 – (3)
The Race and Poverty course is a pilot design in which students will conduct a comparative analysis of specific areas of South African and American law in preparation for travel to South Africa. The course is designed to promote an understanding of and appreciation for the role that history, culture, economics, poverty and other race-based difference play in the enactment and implementation of laws in the United States and South Africa. In preparation for the trip, the class will discuss the basic differences between American and South African law regarding the constitution, individual rights, political action/liberties, family law, criminal law and procedure and racial equality. Students will be responsible for covering the expenses associated with the travel to South Africa.
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.
RELATIONAL INJURIES II – 8620 – (2)
See Advanced Torts – 9510.
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.
REPRODUCTIVE RIGHTS LAW & JUSTICE – 8714 – (3)
This seminar provides in depth learning opportunities for students interested in the study and practice of this area under covered body of law. The course covers a range of issues including, Fetal Rights, Criminal Law and Reproductive Justice, Minors Reproductive Rights and Education, Pregnancy and Contraception, Technology and Assisted Reproduction. Characteristics such as one’s location, income level, gender identity, sexual orientation, age and ethnicity determine the meaningfulness of reproductive rights and the magnitude of a restriction. Students will consider policies and actions to date to address these inequities; and examine the leading cases and legislation in this area.
RESEARCH METHODS IN ADMINISTRATIVE LAW – 9021 – (1)
Prerequisites: Legal Reasoning & Analysis 7121, Legal Research & Persuasion 7122.
This one-credit course will explore federal and state sources of administrative law and provide students with an opportunity to research regulations, agency decisions, and presidential documents, using a variety of print and online sources. Administrative law is integral to practice in areas such as Environmental Law and Intellectual Property. This course will introduce the skills necessary to conduct successful research in these and other highly regulated areas of law. This course will be a fast-track course that allows students to complete the course work prior to fall break by attending two 50-minute class meetings per week for the first seven weeks of the term.
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.
SMALL BUSINESS LEGAL CLINIC – 9029 – (2)
Prerequisites: Business Associations – 9040, Taxation 8050.
The Business Planning Externship program allows students to provide legal assistance to existing small business owners and those planning to go into business. Under the direction of a supervising professor, students are required to perform 100 documented hours. Students focus on interview and client counseling skills, legal research, identification and analysis of various business issues, document preparation and other legal writing and client case documentation and reporting. This course is graded on a pass/fail basis.
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.
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 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.
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.
FUNDAMENTALS OF 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.
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.
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.
U.S. PATENT & TRADEMARK OFFICE PRACTICE & PROCEDURE – 8223 – (1)
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.
U.S. PATENT & TRADEMARK OFFICE PRACTICE & PROCEDURE FIELD I – 8224 – (1)
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.
U.S. PATENT & TRADEMARK OFFICE PRACTICE & PROCEDURE FIELD II – 8225 – (1)
Prerequisite: Law 8224
A continuation of Law 8224. Students will document at least 50 hours to receive pass/fail credit for the class.
WOMEN IN THE LAW – 9044 – (2)
This course examines the unique impact of the law on issues affecting women, including the role of women in the legal profession, reproductive rights, workplace conflicts, violence against women, and lesbian rights.
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. Discussion also includes the interplay between workers’ compensation and the tort system of personal injury recovery.