Procedure and Jurisdiction

Comparative Criminal Justice

Seminar - 3 hours. This seminar explores the ways political units in different countries attempt to maintain social order and advance criminal justice. Students examine the people, policies, and institutions responsible for adjudicating alleged criminal law violations around the globe. They also learn about how rules of professional responsibility and legal ethics guide the behavior of the institutional actors who participate in these criminal processes.

Alternative Dispute Resolution

Discussion - 3 hours. This course will introduce students to a wide variety of alternative dispute resolution procedures, with an emphasis on negotiation, mediation, and arbitration. Although basic skills and effective strategies for each procedure will be discussed, the course will focus primarily on the laws and policies that affect how the procedures are structured and conducted. Successful completion of the course will prepare students for the widespread availability and growing popularity of ADR in almost every area of modern legal practice.

Complex Litigation in a Civil Rights Context

Discussion - 2 hours. A study of the issues that frequently arise in large complex litigation involving multiple parties and multiple claims. The course will focus on significant trends in modern complex litigation such joinder, class actions, and alternatives to traditional court-based litigation.

Please note: students who have already taken Complex Litigation are not eligible to take this course.

Final Assessment: Take-home exam

Federal Jurisdiction

Discussion - 3 hours. A study of the subject-matter jurisdiction of federal courts. The constitutional and statutory grants of authority to federal courts to adjudicate actions arising under federal law or between parties of diverse citizenship are examined in contemporary detail and from the perspectives of history and the Constitution.

Legislative Process

Discussion - 2 hours. The course covers fundamental elements of the legislative process, including legislative procedure, the legislature as an institution, lobbying, statutory interpretation, legislative-executive relations, and the Legislature’s constitutional powers and limitations.

Final Assessment: Paper

State and Local Government Law

Discussion - 3 hours There are roughly 80,000 local government entities in the United States which provide essential services and spend billions of dollars. This course takes a broad approach to state and local government law, both practically and theoretically. Topics to be covered include: federalism, relations between states and localities, governmental liability, zoning, educational equity, and public finance. Readings will be drawn not only from case law and statues, but from history, theory and public policy.

Final Assessment: Exam

Conflict of Laws

Discussion - 3 hours. A study of how law operates across state and national borders. The topics covered include choice of applicable law in transactions involving multiple jurisdictions, recognition of judgments, and the exercise of jurisdiction.  Particular emphasis will be given to conflicts analysis in transnational cases.  The course deals with problems practitioners frequently encounter in a wide variety of fields, from commercial law to family law to law in cyberspace.

Final Assessment: Exam

Remedies

Discussion - 1.5 hours. The emphasis of this course is to provide real world civil litigation experience and prepare students for a remedies bar exam question. The course provides an overview of the most important legal and equitable remedies available in both private and public law contexts.  The topics covered include money damages, punitive damages, equitable remedies such as injunctions, contempt, restitution, and specific performance.

Final Assessment: Exam

Federal Arbitration Act Seminar

Seminar - 2 hours.  In 1925, Congress passed the Federal Arbitration Act (“FAA”) to allow merchants to settle disputes outside of the court system.  In the past three decades, the United States Supreme Court has expanded the FAA dramatically, spurring heated debate.  This class will trace the development of commercial arbitration law, with a special emphasis on hot-button contemporary issues like consumer and employment arbitration, the separability doctrine, preemption of state law, and the arbitrability of statutory claims. 

Criminal Trials: Theory and Practice

Lecture/Discussion/Laboratory - 3 hours.  This course examines the trial process - its formal design and how adhering to the formal design is more difficult in the current environment. The class uses both assigned reading and classroom discussion with current practitioners to engage in a critical analysis of modern day criminal practice. This is not a traditional trial advocacy course although students will practice trial skills in order to gain a deeper understanding of system limitations. The course concludes with a mock jury selection and abbreviated trial.