| |
(Course Name | Credit Hours)
ADMINISTRATIVE LAW 9020 - (2 or 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 RESEARCH 9700 - (2)
Prerequisite: Legal Reasoning and Analysis I and Legal Research and Persuasion 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)
Pre-requisite: 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.
AIDS AND THE LAW 8002 - (3)
This seminar will explore complex issues raised by the emergence of HIV/AIDS both nationally and internationally. We will explore how the institutions of law and medicine as well as the social sciences have sought to resolve these issues. Topics covered may include family law issues, public health issues, insurance and employee benefit issues Torts and HIV related lawsuits as well as housing and employment discrimination. Course materials will include articles from periodicals and newspapers, journal articles and excerpts from casebooks and court cases. A portion of the class will be led by students and an extensive research paper will be required in lieu of an exam. There will also be shorter writing assignments. One goal of the seminar is to prepare students to produce publishable quality scholarship. This course satisfies the third year seminar writing requirement.
ADR CLINIC 9504 - (2 )
Alternative Dispute Resolution (ADR) encompasses processes available to disputants to address conflict outside of litigation. The ADR Clinic is an opportunity for students to learn about, observe, and participate in these various processes. The Clinic will equip students to function effectively in a spectrum of legal disputes and to apply theoretical frameworks in the context of real-world issues and complexities. This course consists of a classroom component that meets during the semester, and a practicum in which students mediate district court criminal cases, Medicaid appeals in the Office of Administrative Hearings, and participate in other ADR related processes and activities.
Students interested in taking this course should read “What Students Need to Know About the ADR Clinic,” which is posted on the DRI TWEN page and the DRI website. Enrollment cap: 16.
Prerequisites: Students must concurrently enroll in Superior Court Mediation – Day or, in the alternative, must have completed one of the following to register for ADR Clinic:
- Mediation (2) or (3)
- Superior Court Mediation – Day
- Superior Court Mediation - Evening
ADR - PROCESSES AND PRACTICES 9503 - (2)
This course surveys the most common types of alternative dispute resolution processes: negotiation, mediation, arbitration, and court-annexed and governmental-agency ADR — all of which have gained widespread use as alternatives to traditional litigation. The course focuses on the practical application of these different ADR possesses and how the lawyer can be an effective advocate for the client in each of them. The course is taught through readings, lecture, active class discussion, and simulations, particularly negotiation and mediation role-plays. Pre-requisites: None. Enrollment cap: 16
ANTITRUST AND COMPETITION LAW (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 II (1)
Pre-requisites: Membership on the Moot Court Board
Students in this 1 hr. course participate in a national moot court competition that involves writing an appellate brief and participating in oral arguments for the national competition. Students must meet all deadlines and requirements imposed by the rules of the sponsoring national competition.
APPELLATE ADVOCACY III (1)
Pre-requisites: Completion of Appellate Advocacy II and Membership on the Moot Court Board
Students in this 1 hr. course participate in a national moot court competition that involves writing an appellate brief and participating in oral arguments for the national competition. Students must meet all deadlines and requirements imposed by the rules of the sponsoring national competition.
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, 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 and participate in arbitration hearings in North Carolina District Court cases. Pre-requisites: None. Enrollment cap: 24
BANKRUPTCY SEMINAR 9045 - (2)
Introduction to the law governing relations between debtors and creditors, particularly Federal bankruptcy law and practice.
BIOETHICS 9571 - (2-3)
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, definitions of death and prolongation of life.
BUSINESS PLANNING 9031 - (3)
Pre-requisites: Business Associations, Taxation, and Taxation of Business Entities.
A series of realistic business situations are worked through, with attention to the application and interaction of corporate law, tax law, and securities regulation. The trade-offs and the conflicts of interest typically encountered among the several parties are illuminated by the study of legal issues, economic implications, and professional responsibilities.
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 (CLASSROOM) 9230 - (2)
Pre-requisite: Trial Practice 8170.
The classroom component of the clinic includes lectures, readings, written assignments and trial simulations. The course exposes students to the fundamental stages of pre-trial civil litigation advocacy including interviewing clients and witnesses, drafting pleadings, drafting and responding to discovery requests, preparing and responding to motions, and negotiating settlements. The course applies lessons learned from other law school courses such as civil procedure and trial practice. The course prepares students to participate in the Civil Litigation Clinic Field course. The course is graded.
CIVIL LITIGATION CLINIC (FIELD/SUMMER) 9231 - (3)
Pre-requisites: Trial Practice 8170 and Civil Litigation Clinic 9230.
Students represent low-income clients referred to the clinic by the Durham Legal Aid program. Students handle client cases from the initial client interview through any necessary court appearances. All student representation is be pursuant to the 3rd Year Practice Rules of the State Bar. Throughout their clinical experience, students are closely supervised by a supervising attorney. Students and supervising attorneys meet periodically to review cases and discuss topics related to civil litigation practice. Students must spend 100 hours working on client cases. The course is graded.
CIVIL LITIGATION CLINIC (FIELD) 9232 - (2)
Pre-requisites: Trial Practice 8170 and Civil Litigation Clinic 9230.
Students represent low-income clients referred to the clinic by the Durham Legal Aid program. Students handle client cases from the initial client interview through any necessary court appearances. All student representation is be pursuant to the 3rd Year Practice Rules of the State Bar. Throughout their clinical experience, students are closely supervised by a supervising attorney. Students and supervising attorneys meet periodically to review cases and discuss topics related to civil litigation practice. Students must spend 100 hours working on client cases. The course is graded.
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 BIOTECHNOLOGY, BIOETHICS, AND POLICY
(Spring Break Study Abroad – fee req.)
This course is designed for students interested in learning more about bioethics and health care in the U.S. and Latin America. Topics covered include assisted suicide, organ transplantation, public health, informed consent and research ethics and reproductive rights. Students will be required to write a paper and give an oral presentation on some aspect of bioethics and health care with a comparative focus. Course materials will include articles, papers and cases available online. Please contact Professor Cogdell for additional information.
This specialized course incorporates a study abroad component. During spring break, students enrolled in this course will travel to Costa Rica and receive lectures from faculty members at the University of Costa Rica. Additionally, site visits are scheduled for hospitals and clinics and there will be meetings with elected officials, community leaders and local attorneys in Costa Rica. The fee for this course is $2,300 per student which includes travel and accommodations for the spring break trip as well as a program fee which includes two excursions in Costa Rica.
CONSUMER PROTECTION 8220 - (2)
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.
CRIMINAL DEFENSE CLINIC (FIELD) 9271 - (2)
Pre-requisites: Trial Practice 8170 and 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 as externs 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 fieldwork 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 LITIGATION CLINIC (CLASSROOM) 9270 - (2)
Pre-requisites: Criminal Law, Criminal Procedure, Evidence and Trial Practice.
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 LITIGATION CLINIC (FIELD) 9271 - (2)
Pre-requisites: Trial Practice 8170 and Criminal Litigation Clinic 9270.
Students participate in the supervised representation of criminal defendants under the North Carolina third-year practice rule. Students work for a minimum of 10 hours per week and earn two credit hours graded on a pass-fail basis. Cases may be referred by the Public Defenders Program or students may be placed in a local prosecutor's office. The students role-play attorney members of a law firm which meet on a weekly basis. Each student is required to be present in the clinic offices to assist in its operation a minimum of two (2) hours per week.
CRIMINAL LITIGATION CLINIC (FIELD) 9272 - (3)
Pre-requisites: Trial Practice 8170 and 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 three credit hours.
CRIMINAL PROSECUTION CLINIC (FIELD) - 9268 (2)
Pre-requisites: Trial Practice and Criminal Prosecution Clinic (Class) .
Students will be assigned to a district attorney’s office and will be supervised by an assistant district attorney under the North Carolina third-year practice rule. Students will try cases, interview witnesses, screen files, and perform other prosecutorial duties as assigned by their supervising attorney for a total of 100 hours of field work. Student externs enrolled in this course work will submit weekly timesheets and a weekly journal of their experiences to the course professor. Externs will be required to meet regularly with the course professor. Students will receive a pass-fail grade for their work in the course.
CRIMINAL PROSECUTION CLINIC (Class) 9269 - (02)
Prerequisites or Co-requisites: Criminal Procedure and Trial Practice
The Criminal Prosecution Clinic Class is part of a full-year course designed to introduce law students to the criminal justice system, the professional interface with opposing advocates, and to prosecutors and their work. The course is specifically intended for those students interested in pursuing a career as a prosecutor. The ultimate goal of the course, however, is not just to teach students how to be prosecutors, but to get them to think about the role that prosecutors play in our criminal justice system and our communities. Professionalism in the field as well as a strong ethical foundation will be points of special emphasis. Through course work in the fall semester and clinical placements in prosecutorial districts in the spring semester, students will be exposed to all aspects of the prosecution function, from investigation and charging decisions through arraignment, plea bargaining, discovery, motions, trial, and appeal.
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.
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.
DECISION TREE ANALYSIS 4603 - (1)
This course introduces fundamental concepts and techniques for analyzing risk and formulating sound decisions in the face of uncertainty and applies that learning to the work of lawyers and mediators. Decision Tree Analysis or Risk Analysis is used to build a visual map of the possible twists, turns, and outcomes in a case, and to factor lawyers' assessments of probabilities for more robust case evaluation and decision-making. It can be extremely useful for an attorney planning litigation strategy, preparing for settlement negotiations, or communicating with clients or with counsel on the other side about risks and expected value. It can also be an effective tool for mediators facilitating discussion with parties and their counsel about the reality of the choices they face. The class will master the "nuts and bolts" of constructing decision trees and calculating expected values in simple cases, as well as applications in more complex scenarios. Perhaps most important, participants will learn and practice a decision-analysis approach to thinking about risk, fairness, and decision-making in client counseling, negotiation, and mediation. Pre-requisites: None. Enrollment cap: 24
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. This is a 3-credit course. The format of the course may be taught as a regular substantive elective course or a writing seminar.
DOMESTIC VIOLENCE: HISTORY, LAW, PRACTICE 8900 - (3)
Pre-requisites: Civil Procedure I and II
This class will train students to advocate for clients in need of assistance with cases of domestic violence and abuse. The domestic violence legal clinic is designed to complement both the Day and part-time Evening programs. 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.
DOMESTIC VIOLENCE CLINIC
Prerequisites: None Required
Highly Recommended Prerequisites or Co-requisites: Domestic Violence: History, Law, Practice (8900); Family Law (8070); and/or Trial Practice (8170).
This clinic is a 2 credit hour course, offered in both the Fall and Spring semesters. Students are required to complete 100 hours of clinic-related work, and will be given a letter grade based on their cumulative clinic work. All students who wish to enroll in the Domestic Violence Legal Clinic must be in good academic standing, and be able to meet the requirements to appear in court under the ABA third-year practice rule. The Domestic Violence Clinic also allows students to engage in community service projects and advocacy work related to domestic violence to enhance their legal experience.
The Domestic Violence Legal Clinic offers students a unique opportunity to gain significant trial experience while providing a much needed service to victims of domestic abuse. Students in the Domestic Violence Clinic, under the supervision of the Supervising Attorney, assist and represent clients who seek domestic violence protective orders in Durham County Domestic Violence Court.
In the course of providing this representation, students investigate and develop legal and non-legal solutions to their clients’ issues, negotiate with opposing counsel, draft motions, and appear in court. Because clients often have collateral issues, such as family, juvenile abuse or neglect, small claims, and criminal law matters, students gain a better understanding of the intersection of the justice system with a domestic violence victim’s civil remedies. The Domestic Violence Clinic generally receives client referrals from the Durham Crisis Response Center and Legal Aid of North Carolina.
DRI EXTERNSHIP I - (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 basis.
DRI EXTERNSHIP II:
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
ELDER LAW 9572 - (2)
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 will be discussed will be: 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.
ENTERTAINMENT 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)
Pre-requisites: Decedents' Estates 8020 and Taxation 8050.
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.
ESTATE PLANNING 9540 - (2)
An examination of problems in estate analysis and planning, involving the use of life insurance, future interests, and marital and charitable deductions. Subjects covered include probating an estate, drafting wills and trusts, and tax returns.
ETHICS IN DISPUTE RESOLUTION 9514 - (1) OR (2)
“A skills dilemma is where the mediator is unsure of how to effectuate the course of action she wants to pursue, and an ethical dilemma is where the mediator knows how to effectuate the course of action but is unsure of whether it is proper to do so at all.” Robert A. Baruch Bush, The Dilemmas of Mediation Practice. The purpose of this course is to provide students with an in-depth examination of the rules guiding our behavior in various dispute resolution processes. The instruction will begin with what the various rules, codes and guidelines say, but will quickly move into an analysis of why the rules say what they say. Once the standards are firmly in mind, the class will examine the areas of conflict or tension within and between the various codes. The course will employ lecture and discussion of the rules and standards, case law analysis, and student preparation of hypothetical problems. Pre-requisites: Students must have completed at least one of the following: Mediation (2) or (3);ADR Processes and Practice; Superior Court Mediation – Day or Evening; Mediation Advocacy. Enrollment Cap: 24
FAMILY LAW CLINIC I (CLASSROOM) 9050 - (2)
Prerequisites: Family Law (may be taken concurrently), Trial Practice I.
The classroom component of the clinic includes lectures, reading, drafting pleadings, mock interviews, a bench trial and/or a community project.
FAMILY LAW CLINIC II (FIELD) 9051 - (2)
Prerequisite: Family Law Clinic (CLASSROOM).
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, and domestic violence. Students must work ten hours a week and complete all documentation. This course is graded on a pass/fail basis.
FEDERAL TAX SEMINAR - (2)
Pre-requisite: Basic Income Tax
Federal Tax Procedure and Litigation Seminar- This course presents an overview of the tax audit process from beginning to end as well as tax litigation. The course begins with a study of the IRS and addresses issues regarding statute of limitations, refund claims and choice of tax litigation venues. Finally, the course addresses collection, penalties and interest on penalty issues. The student studies the subjects by receiving training in traditional tax research and training on Lexis and Westlaw, preparing a ruling request, writing a protest and preparing the necessary documents for trial in the Tax Court. The course includes a Tax Court simulation. This course is highly recommended to the student who wishes to specialize in taxation as well as other students who want to learn more about IRS practices and procedures. Course objectives include developing familiarity with tax rules and procedures and ethical considerations in tax practice. Students develop skills in interviewing, counseling and negotiation through the simulation exercises.
GENERAL EXTERNSHIP I 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.
GENERAL EXTERNSHIP II PROGRAM 9801 – (3)
This course provides the opportunity for a more intensive externship with selected legal entities. Students must obtain their own proposed placement, and enumerate the differences between their first and second placements in a proposal submitted to the clinical supervisor, who has the authority to accept or deny the application. The placement and/or the assigned scope of work must be distinct from the General Externship I and academically meritorious. Law Journal IV – (2)
GLOBAL INTELLECTUAL PROPERTY LAW - (3) HOURS
Prerequisites. One of the following courses: Intellectual Property, Patents, Licensing and Technology Transfer, Entertainment Business Law, Relational Injuries, or permission of the professor.
This is 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, European Union 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, such as traditional knowledge and geographic indicators of origin.
.
HEALTH LAW/BIOETHICS 9370 - (2)
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, definitions of death and prolongation of life. The professor facilitates the first half of the seminar. Individual students conduct classes for the second half of the seminar. A paper is required for this course. There is no examination. Students are graded on their class presentations and their seminar paper.
HEALTHCARE 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 although a course in Business Associations is strongly recommended.
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. Prepatory readings will be 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 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.
INTERNATIONAL BUSINESS TRANSACTIONS LAW AND POLICY - (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.
INTELLECTUAL PROPERTY 8222 - (4)
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 LAW 9550 - (2)
An examination of the basic principles of Public International Law. Emphasis is placed on the development of international organizations and the roles they play in the management of world affairs.
JUVENILE LAW CLINIC 8630 (2)
Prerequisites: Criminal Law, Civil Procedure, Criminal Procedure and Trial Practice. (Criminal Procedure and Trial Practice may be taken concurrently with the clinic.)
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.
LAND LOSS LAW 9529 - (2)
This course examines the problems that cause rural and urban land loss. Coverage includes tax sales, foreclosures, partitions, heirs' property, eminent domain, zoning, adverse possession, estate planning, and land speculation.
LAW AND HUMANITIES SEMINAR 8712 - (2)
This seminar aims to facilitate examination of one's values and prospective life in the law through the rich and engaging resources of the humanities(e.g., literature, cinema, history, philosophy, religion), addressing important moral and philosophical issues that confront each of us as professionals.
Specific objectives include: self-reflection and clarification of personal values and aspirations; consideration of law as a calling to public and professional service; appreciation for the humanities in personal and professional renewal; and understanding of the ideals and realities of legal practice
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 III Co-Curricular 9260 - (1)
This is a continuation of Law Journal 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.
LEGAL ACCOUNTING 8161 - (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 pre-requisite for those courses.
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 problems 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)
Pre-requisites: Contracts I and II.
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.
MEDIATION 8600 – (2) OR (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. Pre-requisites: None. Enrollment cap: 16
NB: 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)
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.
NEGOTIATION 4600 – (2) OR (3)
Negotiation theory and skills will be taught through a hands-on, interactive course that employs role-plays and simulation exercises. Although the theory and skills are of general application, this course emphasizes negotiating and settling litigated claims and the lawyer’s role as advocate within that setting. Students will also be prepared to participate in the ABA Negotiation Competition that takes place each fall semester. Pre-requisites: None. Enrollment cap: 16
NEGOTIATION ALL AROUND US 9506 - (3)
This course will develop a theoretical framework for understanding negotiation practices and processes through an examination of current affairs, legal contexts and other professional settings, tested against experience gained through realistic role-plays and simulation exercises. The course addresses fundamental skills such as systematic preparation, identifying interests, strategic moves, and management of the negotiation process. Gender and cultural considerations, as well as practical and ethical challenges and constraints of negotiation, also will be analyzed.
Pre-requisites: None
Enrollment cap: 16
NORTH CAROLINA RULES 9535 - (2 or 3)
Pre-requisites: Civil Procedure I and II and Evidence.
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)
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.
PLEADINGS AND PRACTICE 9016 - (2)
Pre-requisites: Legal Reasoning and Analysis I and Legal Research and Persuasive Writing. This course focuses on drafting pleadings, motions, discovery, and other legal documents.
PRO BONO CLINIC 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.
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 - (3)
Real Estate Finance is a three credit 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 materialmen’s liens, transfers of encumbered real property and the North Carolina Fair Housing Act.
RELATIONAL INJURIES II - 8620 - (2)
Prerequisites: Torts 7040 and 7140.
A selective examination of tort actions for interference with a recognizable relationship, including familial relationships, societal relationships, and business relationships. Areas covered include alienation of affections, loss of consortium, criminal conversation, interference with prospective advantage, state unfair competition law, common law copyright, defamation, and rights of privacy.
SCIENTIFIC EVIDENCE - (3)
Prerequisite: Evidence (no scientific background required)
Scientific Evidence is an upper level elective course addressing the admissibility of expert testimony and scientific proof most commonly encountered in civil and criminal cases. As a writing seminar, this course will expose students to a wide range of forensic topics, including those related to the physical sciences, biological and life sciences, and behavioral sciences. The oral argument component of the course will train students in the practical legal skills related to the examination of expert and skilled lay witnesses. The overall objectives of the course are to ensure proficiency in the use of modern scientific evidence as legal practitioners, and to provide an understanding of the breadth and rapidly changing nature of the intersection of law, science, social science and technology.
SELECTED TOPICS IN DISPUTE RESOLUTION 9509 - (1, 2, AND 3 HOURS)
This course will be used to address unique and timely topics, to accommodate one-time offerings, and to offer special seminar courses, such as ADR Systems Design, Plea Bargaining, ADR in Family Law Practice, Collaborative Divorce, and ADR in the Workplace.
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.
SMALL BUSINESS AND COMMUNITY DEVELOPMENT LAW CLINIC 9029 - (2)
Pre-requisites: Business Associations and Taxation 8050. Business Planning Externship program that will allow 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
Course Pre-Requisite: 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.
SPORTS LAW 7200 - (2)
An analysis of the sports industry and the laws that regulate it. Areas include history of professional sports, relevant contracts, perspectives of athletes, management and unions, and legal and business representational issues.
STATE AND LOCAL GOVERNMENT LAW 8191 - (3)
This course will present a legal overview of how local governments operate, and their relationship to state government, to one another and to their communities. Specific areas covered in the course will be the sources of local government power, incorporation and annexation, home rule, state pre-emption of local ordinances, and racial and economic implications of urban policy. Where it is appropriate, various municipal ordinances and North Carolina cases and statutes will be incorporated into the reading and discussions.
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.
SUPERIOR COURT MEDIATION – DAY– (1)
This course consists of an intensive 40-hour mediation training program. It is typically taught the week before classes begin. The training addresses mediation theory and practice, the stages of the mediation process, communication skills, and the NC Rules and Standards of Conduct for Superior Court Mediators. The training program typically includes law students preparing to take the ADR Clinic, dispute resolution professionals, lawyers, and judges in an interactive learning environment that relies on participatory exercises and role-plays to build practical skills. Students may, but need not, take ADR Clinic in the same semester. Pre-requisites: None. Enrollment cap: 25
NB: 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.
SUPERIOR COURT MEDIATION – EVENING 8605 - (2)
This course covers substantially the same content as Superior Court Mediation – Day, but it is taught over a five-week period as part of the Evening Program’s regular Summer Session. The longer format and greater instruction time allow for additional readings and out-of-class assignments. Pre-requisites: None. Enrollment cap: 25
NB: 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.
SUPREME COURT SEMINAR - (3)
Supreme Court Seminar is a three-credit seminar designed to examine the Supreme Court as an institution. In addition to studying cases pending on the Court’s current docket, Students will explore, inter alia, the history of the Supreme Court, the judicial appointment process, and the jurisprudential approach of each justice. Course grades will be based on classroom participation, three writing assignments, and an oral presentation in the form of the short mock argument. If feasible, the class will take a trip to Washington, D.C., to observe a Supreme Court argument. Students must have completed or be co-enrolled in Constitutional Law I to enroll in this course. Completion of or co-enrollment in Appellate Advocacy is highly recommended. This seminar satisfies both the writing and oral component requirements.
TAXATION OF BUSINESS ENTITIES 9080 - (3)
Pre-requisite: Taxation 8050 and Advanced Taxation 9210.
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.
THEORIES OF CONFLICT 8022 – (2)
The role of the lawyer is increasingly understood to require the core competencies of problem solving and managing conflict. Therefore, effective representation is enhanced by a deeper understanding of the sources and nature of conflict. This course will examine conflict from a variety of theoretical perspectives including biological, psychodynamic, communication, social systems, and management. Implications for conflict escalation, de-escalation, and conflict transformation will be addressed. Upon completion of this course students will be able to:
- identify a variety of theories of causes of conflict and conflict escalation, leading to greater ability to alter nonproductive responses to conflict;
- identify types of conflict that are beneficial and detrimental to individual, group, and/or organizational outcomes, leading to ability to foster productive conflict;
- identify the advantages, disadvantages, and potential outcomes of a variety of conflict management strategies;
- analyze the characteristics of a given conflict, improving their ability to select appropriate conflict management strategies for different conflict situations; and
- improve their own performance in conflict through attention
Pre-Requisites: None. Enrollment cap: 20
TRIAL PRACTICE II (TRIAL ADVOCACY BOARD) 8172 - (1)
Pre-requisite: 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 AND TRADEMARK OFFICE PRACTICE & PROCEDURE 8223 - (1)
This course will introduce students to the primary legal systems that protect IP (i.e., patent, trademark, copyright and trade secret law) and policies underlying these laws. Emphasis is placed on the laws underlying the US patent grant including inventorship, section 102 bars, specification and claims, patentable subject matter, requirements for patentability, filing and prosecution of a patent application, claim interpretation, infringement and litigation issues. A comparison is made of patents with other main areas of intellectual property protection. This course is intended to serve as a supplement and pathway to more specialized courses in the law school's IP courses and students are strongly encouraged to enroll as early as they can, typically in their third semester. No technical background is expected or required. The final grade for the course will be pass/fail.
VETERANS LAW CLINIC I (8151)
Prerequisite: None - 3 Credit Hours - Letter Grade
The Veterans Law Clinic is a one semester course and is offered every semester, including the summer. The class covers the evolving spectrum of veteran’s law, especially as it relates to the present state of world events. Students must complete 100 hours of clinical work and 20 hours of live classroom training and lectures. Students will assist with various claims involving: (1) compensation and rating determinations, (2) post-rating reductions in Department of Veterans Affairs (VA) benefits; (3) medical and mental health care and the lack thereof; (4) claims for victims of post-traumatic stress disorder (PTSD); (5) medical malpractice and negligence at VA medical centers; (6) delays in claims adjudication, and (7) the provision of VA benefits and care on a timely basis.
VETERANS LAW CLINIC II (8152)
Pre-Requisite: Veterans Law Clinic I - 3 Credit Hours - Letter Grade
This course is the continuation of Veterans Law Clinic I and provides students with the opportunity to continue to work on cases begun during the previous semester. Students enrolled in Veterans Law Clinic II have already received the requisite training in Veterans Law substantive and procedural matters and therefore begin to work on their cases at the beginning of the semester. They will continue to sort incoming claims and documents necessary for claims development, perform legal research, prepare supporting legal briefs, help claimant file all applicable forms, assure that the initial development of a claim is completed within the time limits imposed by the VA, and perform whatever other tasks are required to successfully move the veterans' claims through the related adjudication process. They will also assist in ordering further medical examinations when needed, and insuring that the VA applies its broadened duty to assist a veteran in the development of their claim required by the Veterans Claims Assistance Act of 2000, as well as case law.
WOMEN IN THE LAW 9043 - (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.
WORKERS' COMPENSATION (EVENING) 8231 - (3)
An in-depth version of 8230.
Back
to top
last updated 10/21/09
|
