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LAW 602 - Employment Law (3)
This course examines the at-will employment doctrine and compares it with employment contracts and other arrangements that provide workers with job security. The course also examines exceptions to the at-will rule, specifically provisions that prevent dismissal on the basis of public policy. Topics include anti-discrimination law, disability rights, and whistle-blower (retaliatory discharge) laws.
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LAW 603 - Consumer Protection (2)
A survey of various specialized legal protections afforded to consumers in the marketplace. Topics include common law tort remedies such as fraud and deceit, statutory remedies such as the FTC Act and related state unfair and deceptive trade practices acts, and statutes and related regulations governing the extension of credit to consumers, such as Truth-in-Lending and Regulation Z, the Fair Credit Billing Act, the Fair Credit Reporting Act, the Equal Credit Opportunity Act, and usury laws.
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LAW 604 - Insurance (3)
This course will explore the law of insurance and the regulatory regime under which the insurance industry operates. Topics include: kinds of insurance; insurance contracts; premiums; insurable risk; risks insured against; rights, duties, and liabilities of insurer and insured; representations and warranties; payment of losses; contribution and subrogation; conflicts of interest; and actions on policies.
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LAW 605 - Banking Law (3)
This course provides an overview of the regulation of the banking and financial services industry in the U.S. Topics include the history and structure of federal and state regulation of banks; the business of banking, including traditional and non-traditional activities of banks and their affiliates; the limitations and restrictions on merging, branching and interstate banking; and the supervision and enforcement powers of the federal banking agencies. This course also will review capital requirements, reserve requirements, lending limits, community reinvestment obligations, privacy restrictions and anti-money laundering requirements.
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LAW 606 - Estate and Gift Taxation (2 or 3)
This course provides an introduction to federal taxation of wealth transfers, including the Federal Gift Tax and the Federal Estate Tax. Students will develop the background necessary to advise clients on sophisticated estate planning techniques in a trusts and estates or tax practice. The course covers topics such as what constitutes a taxable gift, when the gift is complete and taxable, the annual exclusion from gift tax, the gross estate subject to estate tax, the taxability of certain property in the estate (joint interests, retained interests, annuities and death benefits, powers of appointment, and life insurance), and credits and deductions (including marital deduction and charitable deduction planning). In some versions of the course, students may be introduced to the generation-skipping transfer tax, advanced charitable or marital planning issues, and/or income taxation of trusts and estates. Prereqs: None, although Decedents’ Estates and Trusts and Federal Income Tax are useful background.
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LAW 607 - Corporate Finance (3)
An examination of the legal and financial factors affecting the manner in which business firms obtain needed capital. Topics include valuation, classes of security, capital structure, dividend policy, and mergers and acquisitions.
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LAW 608 - Bankruptcy (3)
This introduction to bankruptcy and debtor-creditor law covers topics such as: enforcement of money judgments outside of bankruptcy, commencement of bankruptcy cases, bankruptcy court jurisdiction and procedure, the automatic stay, property of the bankruptcy estate, exemptions, secured and unsecured claims, avoidance of transfers, executory contracts, distribution of property, dismissal and conversion of bankruptcy cases, and discharge of debts in bankruptcy. Prereq: Secured Transactions (LAW 533 ) or permission of the instructor. Co-req: Secured Transactions (LAW 533 ) or permission of the instructor.
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LAW 609 - Partnership Taxation (3)
An in-depth study of the federal taxation of partners and partnerships including formation, operation and liquidation of partnerships. Prereq: Federal Income Taxation I (LAW 668 ) or permission of the instructor based on the student’s background in tax. Co-req: Federal Income Taxation II (LAW 668 ) or permission of the instructor based on the student’s background in tax.
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LAW 610 - Business Planning (3)
A planning and problem course in corporate, partnership and limited liability company law and their taxation, along with accounting and securities law issues. The course may include writing or drafting exercises, at the discretion of the instructor. Co-reqs: Business Organizations (LAW 526 ) and Federal Income Tax I (LAW 668 ), or permission of instructor.
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LAW 611 - Business Bankruptcy (2)
This course focuses on the issues that arise in connection with business bankruptcies, particularly under Chapter 11 of the Bankruptcy Code. Topics will include: the role of the debtor-in-possession; operation of a business under Chapter 11, including post-petition financing; the formulation and confirmation of a Chapter 11 plan; and business liquidations under Chapter 7. Specific legal issues covered will include: the avoidance powers of the trustee or debtor-in-possession; relief from the automatic stay; and the absolute priority rule. Prereqs: None, though students may find Business Organizations useful background.
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LAW 612 - International Law (2 or 3)
An introductory international law course focusing on the fundamentals of international law and the role of international institutions. Topics include: the nature of international law; treaties; customary law; the International Court of Justice; states and international law; individuals and international law; the United Nations; and the use of force.
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LAW 613 - Advanced Evidence (2)
This course, dealing largely with evidence at trial, is more practical than theoretical. Students are expected to apply general concepts of evidence to the resolution of actual trial problems. A premium is placed on the development of the student’s ability to articulate multiple grounds for both making and meeting objections to evidence.
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LAW 614 - American Constitutional History (3)
This course will examine the relationship between the evolution of the interpretation of the U.S. Constitution and the broader social, political, and economic history of the United States.
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LAW 615 - Real Estate Transactions (2)
A course focusing on the basic elements of the residential real estate transaction. Topics include the formation, performance, and closing the real estate contract; assuring good title; and financing the real estate purchase. Practical exercises are included.
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LAW 618 - Civil Rights (3)
An advanced constitutional and statutory study of the non-criminal statutes which Congress has enacted to protect civil rights in America. The course addresses the statutes passed during the Reconstruction period following the Civil War and comprehensively covers modern legislation and the constitutional interpretation and constitutional basis for civil rights protection, including the contemporary Supreme Court’s role in the civil rights revolution. Selected state statutes and constitutional provisions will also be considered. Prereq: Constitutional Law I (LAW 522 ).
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LAW 619 - International Business Transactions (2 or 3)
An introductory course focusing on the problems involved in international business transactions. Topics include: agreements for the international trading of goods; uses of letters of credit; international dispute resolution; tariffs; non-tariff trade barriers; restrictions on exports; restrictions on technology transfers; foreign direct investments; expropriations; extraterritorial application of antitrust laws; and bribery of foreign officials.
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LAW 620 - Securities Regulation (3)
An introductory course focusing on the federal regulation of securities. Coverage includes registration requirements for initial public offerings, exemptions from registration, antifraud liability, including Rule 10b-5, and insider trading. Prereqs: Business Organizations (LAW 526 ) or permission of the instructor.
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LAW 621 - Patent Law (2 or 3)
A comprehensive review of basic patent law. Coverage includes the types and nature of patents, how to read a patent, patentability requirements, the patent protection process, the protection afforded by a patent, and the limits of that protection.
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LAW 622 - Equitable Remedies (2 or 3)
A study of the impact of traditional equity jurisdiction upon the United States legal system. The course focuses upon the forms of equitable relief, including the specific equitable remedies of injunctions, specific performance, rescission, reformation, and restitution.
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LAW 623 - Scientific Evidence (3)
This course will examine evidentiary problems associated with the admission of scientific and other types of expert opinion testimony. The course will provide an in-depth examination of the Daubert and Frye standards and will cover selected forensic techniques including the chain of custody.
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LAW 624 - Public Law Process (2 or 3)
An introduction to statutory and regulatory law. Topics include the process of legislation; current approaches to statutory interpretation, the justifications for, and limitations of, government regulation; the techniques of regulation; and the procedural requirements for regulatory agency action. Offered only in the summer term for entering students.
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LAW 625 - Government Regulation of Business (3)
This course will focus on those areas of the economy that are comprehensively regulated by governmental authority. The pertinent economic and legal questions are considered along with the role of the administrative process.
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LAW 626 - Municipal Courts (3)
A study of the municipal court system, concentrating on such issues as jurisdiction, administration, personnel, courtroom procedure, judgment and sentencing, driving under the influence cases, criminal misdemeanors, and violations.
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LAW 627 - Accounting for Lawyers (2)
A brief introduction to bookkeeping and accounting concepts for non-accountants, followed by a critical analysis of generally accepted accounting principles and auditing standards as applied to problems arising in a legal context.
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LAW 629 - Copyright Law (2 or 3)
This course serves as an introduction to copyright law. Topics include: the constitution and copyright; requirements of copyright; copyright formalities; the idea-expression dichotomy; useful article doctrine; rights of copyright ownership; duration and scope of copyright protection; defenses, including fair use and constitutional defenses; remedies; justifications for copyright; and public policy difficulties. The course would provide significant coverage of the Copyright Act.
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LAW 630 - Introduction to Business Concepts (3)
A major role of being an attorney is making decisions for yourself, for your firm, and in conjunction with your clients on client matters. Introduction to Business Concepts is a skills-based course to help improve your decision-making and client advising skills, and to understand your and your client’s business issues. To make business decisions or advise clients on making business, personal or political decisions, lawyers need a working knowledge of accounting, economics and finance. Introduction to Business Concepts is a problem-based course introducing basic concepts in accounting, finance, economics, and analytical methods. The course is geared toward students who have no significant business background or courses. Students who majored in English, history, or political science, for example, may benefit greatly from the course. Business, accounting or economics majors, on the other hand, should not enroll. The course may help students appreciate upper division courses better as well as be helpful in legal practice. It is recommended a student take the course in the second year.
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LAW 633 - Entertainment Law (2 or 3)
Entertainment Law provides an overview of the body of law associated with the entertainment industries, concentrating on music publishing and commercial recording, literary publishing, motion pictures, television and emerging media. The course will focus on aspects of copyright law, personal rights, negotiation of entertainment agreements, and entertainment law cases.
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LAW 635 - Nonprofit Organizations: Law and Governance (2 or 3)
Nonprofit Organizations: Law and Governance focuses on the regulation of nonprofit organizations and on best practices in governance principles. Topics covered include the commercial versus charitable purposes of the nonprofit organization, ownership and use of assets, the fiduciary obligation of the board of directors or trustees, investment responsibilities, conflicts of interests, ethical considerations, determining organizational mission and vision, strategic planning, fund development, and regulation of charitable solicitations. Recommended preparation: Business Organizations
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LAW 637 - Legislation (2)
A study of the legislation enactment process, and the products of the legislature, their component parts, and judicial interpretation of them. Includes practical exercises in drafting legislation.
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LAW 638 - Financing Real Property Transactions (2)
This course will explore the basic elements of construction, development, and permanent financing that is secured by commercial real estate. This course will examine the commercial real estate finance transaction from a practitioner’s viewpoint and will cover the laws governing such transactions. It will also cover the normal documentation used in real estate finance transactions, as well as the negotiation skills, title insurance, remedies, and other facets of a loan secured by commercial real estate.
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LAW 639 - Taxation of Nonprofits Organizations (2 or 3)
Taxation of Nonprofit Organizations explores the federal income tax consequences of operating as a tax-exempt entity. Topics include organization under state law to qualify for federal tax-exempt status, maintaining tax-exempt status, private inurement issues, private and public benefit mandates, allowed and disallowed commercial activities, excess benefit transactions, lobbying activities, unrelated business income tax, charitable deductions and contributions, and special rules applicable to private foundations. Prereq: Federal Income Tax I (LAW 668 ). Prereq/Co-req: Federal Income Tax I (LAW 668 ).
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LAW 640 - Public Health Law (2 or 3)
An overview of legal, ethical and policy issues arising from attempts by the government to protect and promote the public health. Topics will include: state action to track and control diseases; privacy and confidentiality of health information; discrimination against persons with disabilities; health system reform proposals; and research on human subjects.
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LAW 641 - Estate and Trust Administration (2 or 3)
In Estate and Trust Administration, students focus on what a lawyer does once an estate or trust is in the administration process (after death or after funding of the trust). The course is divided into two units: Estate Administration and Trust Administration. In the unit on Estate Administration, students will learn about the probate process, from filing letters testamentary to probating the will to rendering a final accounting. In the unit on Trust Administration, students will learn the role of a trustee throughout the process of overseeing the trust, from funding and investment to distribution and termination, with an emphasis on fiduciary duties. In some versions of the course, students may receive an introduction to the tax implications and tax filing requirements that arise during the administration of a trust or an estate. Prereq: Wills, Trusts and Estates (LAW 540 ).
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LAW 642 - Civil Litigation Analysis (2 or 3)
Students in this course will conduct thorough critical studies of actual appellate case files in order to gain practical litigation skills. Students will identify factual and legal issues; apply and evaluate concepts such as jurisdiction, waiver, and timelines; identify and evaluate common mistakes; and critique and edit briefs. Grades will be based on weekly or bi-weekly written assignments and on class participation.
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LAW 644 - Damages (3)
A course focusing on the general principles of damages. Topics include nominal, compensatory, and punitive damages; measurement of damages; speculative or remote damages; aggravation or mitigation; and general and special damages.
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LAW 645 - Sports Law (2)
This course focuses upon the law of amateur, collegiate and Olympic sports. Among the areas of law covered are antitrust, torts, contracts, and labor relations affecting the amateur athlete.
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LAW 646 - Military Justice (2)
An introduction to military law with special emphasis on current rules of jurisdiction, court martial procedure, military rules of evidence and appellate procedures under the Uniform Code of Military Justice.
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LAW 647 - Unincorporated Business Entities (3)
This course provides a more in-depth study of partnership law than possible in the required Business Organizations course. In addition to general partnerships, this course examines the various unincorporated business entities in widespread use today: limited liability companies (LLCs), limited liability partnerships (LLPs), and limited partnerships (LPs), all of which draw, in whole or in part, on partnership law. One feature of the course is that, where possible, we look at partnership law in the context of law partnerships (and law LLCs and law LLPs). In addition to a final exam, there will be graded exercises, including drafting a partnership agreement, and class participation will also be taken into account.
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LAW 648 - Land Use Planning (2 or 3)
A course focusing on public and private land use controls. Topics include zoning, official map ordinances, subdivision controls, building codes, covenants, financing the urban infrastructure, the role of the federal government, urban renewal, housing subsidies, historic preservation, wetlands, flood plains, and coastal zones.
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LAW 649 - Immigration Law (3)
This course offers a basic overview of the history and development of immigration law in the United States and its current status. Included in the course is a study of family and employment bases for immigration, exclusion and deportation, asylum and refugee status, and non-immigrant visas.
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LAW 650 - Complex Litigation (2)
An advanced course in civil procedure with special emphasis on complex practice areas: e.g., class actions and multi-district litigation. Topics include: joinder of parties; disposition of duplicative or related litigation; class actions; discovery; judicial control of litigation; res judicata and collateral estoppel; and alternatives to litigation.
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LAW 651 - Medical Liability/Regulation (3)
The topics covered in this course will include: professional liability; institutional liability; medical product liability; informed consent; and proposals for reforming the tort system.
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LAW 653 - Health Law Transactions (2)
This course will introduce students to the key legal and practical concepts that arise in selected health law transactions. While the specific transactions studies may vary as health care evolves, potential topics include healthcare mergers and acquisitions, joint ventures, and other business transactions. By the end of the course, students should have acquired (1) practical skills applicable to organizing, negotiating, and drafting deals and (2) a basic understanding of the state and federal regulatory framework that applies to health law transactions.
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LAW 655 - Corporate Taxation (3)
A course focusing on the federal taxation of corporate formations, reorganizations, operations, distributions, and adjustments of capital structure. Co-reqs: Business Organizations (LAW 526 ) and Federal Income Tax I (LAW 668 ) or permission of the instructor.
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LAW 656 - Information, Technology, and the Law (2 or 3)
Information, Technology and the Law examines several areas of law that have been impacted by the information revolution, including intellectual property law, unfair competition, unfair business practices, free speech, privacy, the right to accuracy of information, and the right to access to information. The course will specifically focus on how the law has and is continuing to develop in relation to access to and control of digitized information, including computer software, content published on the internet or in other digital media, databases, and entertainment software (e.g., video games). As this course deals with a rapidly developing area of the law, the course will focus heavily on policy considerations.
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LAW 657 - Alabama Civil Litigation Practice and Procedures (2)
A study of motion practice, pleading, and trial procedure in civil actions in Alabama.
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LAW 658 - Health Care Delivery Systems (3)
The topics covered in this course will include: tax exempt status of non-profit health care providers; private health insurance; government health care programs; rationing of health care; competitive and regulatory approaches to cost containment; and antitrust issues.
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LAW 659 - Media Law (2 or 3)
Media Law covers First Amendment issues such as the law governing press access to judicial proceedings, government documents and meetings, and tort law, including defamation, invasion of privacy, emotional distress, and trespass. It also encompasses statutory and administrative regulations that affect the mass media. This course is ideal for anyone interested in pursuing a career in media law or working as general counsel for a media client, or for those interested in surveying the various laws relevant to the media and understanding these laws through the lens of a media lawyer.
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LAW 660 - Federal Courts (2 or 3)
A study of the role of the federal courts of the United States. The course will focus upon an analysis of the constitutional and legislative foundations of the judicial power, and practice and procedure in District Courts.
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LAW 661 - Toxic Torts (3)
This class is designed to present an overview of the issues and obstacles faced by plaintiffs who suffer harm arising from exposure to or contamination by a toxic product or process. These claims are typically described as toxic or environmental torts and straddle both tort and environmental law. The course’s primary focus will be on the potential liability of entities that manufacture and process toxic products. The class will look at, among other things, common law tort actions in the context of environmental contamination, issues relating to causation and causation in a multi-party context, indeterminate plaintiffs and defendants, latency periods and statutes of limitations, and damage issues. The course also will address the federal regulation of hazardous waste disposal and of toxic products.
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LAW 662 - Domestic Relations (3)
An overview of the legal relationships engendered by family associations with emphasis on the relationships of parents and child, and husband and wife. Topics include: nature of marriage; adoption; emancipation; separation and divorce; and unmarried cohabitation.
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LAW 663 - International Intellectual Property System (2)
This course will focus on the integration of the global market and the export by the United States of intellectual property-based industries. The course will include various aspects of intellectual property - patent, copyright, trademark and trade secrets - as well as a discussion of the increasing dominance of international standards through treaties, especially GATT and the related TRIPPS protection, or through economic measures, as have begun to effect the Chinese intellectual property system.
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LAW 664 - Estate Planning (3)
This course focuses on both tax and personal aspects of estate planning and includes counseling with clients in the use of various techniques related to the marital deduction, charitable and insurance planning, valuation issues, post-mortem planning, and the preparation of relevant documents. Co-req: Wills, Trusts & Estates (LAW 540 ).
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LAW 665 - Criminal Procedure I (3)
The regulation of law enforcement conduct during the investigation of crimes, with emphasis on constitutional and statutory standards and limitations. Topics include: search and seizure; confessions and incriminating statements; electronic surveillance; entrapment; identification procedures; and remedies for improper police conduct.
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LAW 666 - Criminal Procedure II (2)
The determination of guilt or innocence through the process of adjudication, with emphasis on constitutional and statutory limitations that assure fairness in the process. Topics include: initiation of formal proceedings; bail; discovery; severance; speedy trial; plea bargaining; jury trial; former jeopardy; and effective assistance of counsel. Prereqs: None, although students may find Criminal Procedure I useful background.
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LAW 667 - Labor Law (2)
An overview of labor relations and social problems including a study of the regulation of the employer-employee relationship in the context of various forms of group conflict and organizational activity. Topics include: rights and duties of individuals and institutions in labor relations; concerted activity, including strikes, picketing, and boycotting; negotiation and enforcement of collective agreements; and employee-union relations.
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LAW 668 - Federal Income Tax I (3)
An introduction to federal income tax principles. Topics include gross income and possible exclusions from gross income, deductible and nondeductible expenses, and capital expenditures.
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LAW 669 - Federal Income Tax II (2 or 3)
A continued introduction to federal income tax principles. Topics include special provisions related to property transactions, such as characterizations of transactions, capital gains and losses, non-recognition events, and loss limitations. Prereq: Federal Income Tax I (LAW 668 ).
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LAW 670 - Natural Resources Law (2 or 3)
This course explores the tensions between ecological limitations and economic development; the challenges and different types of resource scarcity; and the search for the proper locus of resource management. The course encourages the student to explore solutions that may be socially painful, but are necessary to overcome market incentives and promote environmentally short-sighted management. It also examines the critical role of values in natural resource management choices. The course will emphasize resources particularly important in the southeastern United States which include wildlife and biodiversity, protected natural, historically and cultural lands, forests, minerals, and the increasingly contentious issue of water use.
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LAW 671 - Oil and Gas Law (2)
The study of the nature and protection of various interests in oil and gas mineral estates including the conveyancing of interests. The course will review the laws and regulations relating to the production, processing, and transportation of oil and gas.
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LAW 673 - Antitrust (3)
A survey of antitrust and unfair competition laws and the development of legal doctrine there under. Topics include: restraints of trade, monopolization, price discriminations and other interferences with the competitive business environment.
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LAW 674 - Alternative Dispute Resolution (2 or 3)
This course introduces basic processes of dispute resolution (negotiation, mediation and arbitration,) as well as other processes (such as neutral evaluation, mini trials, and summary jury trials). By surveying the full array of processes, this course enables students to analyze and compare various processes’ advantages and disadvantages. Students will also be introduced to process design to see ways in which lawyers and parties can go beyond given procedures to create procedures suited to their interests.
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LAW 676 - Pharmaceutical and Medical Device Law (2 or 3)
The course surveys the law relating to medical devices and pharmaceuticals. The course will examine the role of the FDA in regulating drugs and medical devices including premarket approval, post market surveillance, and restrictions on labeling and advertising. Other topics include tort liability for defective products including federal preemption of state law claims, insurance coverage and technology assessment, and an examination of evolving medical technologies.
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LAW 679 - Business Crimes (3)
This course focuses on corporate and white collar crime. The course will review the principles of corporate criminal liability, sanctions, corporate privileges, grand jury investigations, government evidence gathering, and the interplay between civil and criminal proceedings.
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LAW 683 - Conflict of Laws (3)
A study of the theories of prediction and decision in transactions having elements in more than one state. Topics include: domicile and citizenship; personal jurisdiction; enforcement of foreign judgments; and choice of law.
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LAW 684 - Products Liability (3)
An advanced course in the law of products liability with particular emphasis on the theories of recovery for harm from dangerous and defective products and proof problems.
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LAW 685 - Admiralty (2)
An introduction to admiralty jurisdiction and procedure. Topics include: federal-state relations, maritime liens, Halter Act and Carriage of Goods by Sea Act, salvage, general average, collision, charter parties, personal injuries, marine insurance, and limitation of liability.
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LAW 686 - Administrative Law (3)
A study of legislative authority and administrative agencies with special emphasis upon the administrative process and judicial review.
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LAW 687 - Juvenile Justice (3)
A study of the basic principles of juvenile court procedures from the time of detention to final disposition.
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LAW 688 - Sea, Ocean, and Coastal Law (3)
This course examines the legal structures which bind nation states in their international relations concerning maritime matters. The course material augments admiralty and maritime shipping law by its focus on major maritime zones recognized in international law. These zones include the territorial sea, contiguous and exclusive economic zones, the high seas, and the continental shelf. Other areas considered are the rules relating to sea uses, marine pollution, military use, deep seabed mining, and fishing.
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LAW 692 - Trademark and Business Torts (3)
A survey of the law of unfair competition and business-related torts, with special emphasis on the law of trademarks. The trademark section covers the basic principles of trademark protection and infringement, registration under the Langham Act, and practical aspects of trademark practice. Other topics include torts of commercial disparagement and false advertising, Federal Trade Commission regulation of advertising, tortuous interference with business relations, and trade secret protection and infringement. The relation between unfair competition law and the federal statutory regimes of intellectual property, patent and copyright, will be considered.
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LAW 693 - Workers’ Compensation (2)
A comprehensive study of Workers’ Compensation Acts and the court decisions interpreting their provisions.
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LAW 696 - Intellectual Property (2 or 3)
This course provides an introduction to the intellectual property regimes of copyright, trademark, patent, and trade secrets.
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LAW 697 - Legal Process (2)
An introductory to the nature of law, legal education, and legal history. Topics include: common law forms of action; equitable remedies; court systems; jurisdiction; legal reasoning by analogy and precedent; professional responsibility. Offered only in the summer for entering students.
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LAW 698 - Environmental Law (3)
A comprehensive study of federal environmental law including the Clean Air Act, Clean Water Act, Toxic Substances Control Act, Ocean Dumping Act, Pesticides Act, and National Environmental Policy Act.
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LAW 699 - ERISA and Deferred Compensation (2)
An in-depth review of income, estate, and gift tax law relating to deferred compensation. Topics include: ERISA; profit sharing, stock bonus and pension plans; deferred compensation contracts; and restricted property. Prereq: Federal Income Tax I (LAW 668 ).
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LAW 703 - Employment Discrimination (2 or 3)
An in-depth survey of employment discrimination law. Particular emphasis is placed upon the practical aspects of litigating and advising clients regarding federal and state laws and regulations respecting discrimination based upon race, color, sex, religion, and national origin under Title VII of the Civil Rights Act of 1964, as amended; race and alien-based discrimination under 42 U.S.C. § 1981; disability discrimination under the Americans with Disabilities Act of 1990, as amended, and the Rehabilitation Act of 1973, as amended; and age discrimination under the Age Discrimination in Employment Act of 1967 as amended and the Alabama age discrimination law. Students will also consider affirmative action obligations under the discrimination laws and under executive order 11246, as amended; employee selection and testing issues; and disability management issues. This course is a hands-on experience; we talk about how something will sound in a pleading, how a witness should be prepared to handle certain questions, how a termination decision is made, what goes into accommodating a disability, and similar topics.
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LAW 704 - Advanced Writing Skills for Lawyers (2)
The purpose of this course is to improve legal writing and analysis skills. To accomplish that goal, students will draft pleadings, pretrial motions, office memoranda, other documents and a brief in support of summary judgment. In-class editing exercises reinforce the instruction in effective writing and analysis. The course, in several ways, will mimic the law firm clerking experience. In order to facilitate feedback and personal instruction, the course will be limited to 10 students.
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LAW 708 - Race and American Law (2)
This course covers basic concepts of the now enormous body of civil rights law that was designed to redress the victims of racial discrimination in America. The course, through discussion and understanding of the role law has played, will explore civil rights statutes and judicial decisions through the use of hypothetical problems. The problems will be contemporary situations that a lawyer would face in his/her practice in such areas as public facilities, fair housing, fair employment, and interracial sex and marriage. Final grade is based on class advocacy and a ten page final paper.
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LAW 709 - Voting Rights (2)
This course will examine the history of the voting rights struggle. Specifically, it will explore the Voting Rights Act of 1965, which some legal scholars have said is one of the most far-reaching pieces of civil rights legislation ever passed by Congress.
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LAW 710 - Arbitration (2 or 3)
This course will cover: the Federal Arbitration Act and its preemption of state law, contractual issues, the arbitrability of various claims, procedural issues, judicial review of arbitration awards, and the variety of arbitration contexts.
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LAW 711 - State and Local Taxation (2)
Coverage will include the basic categories of state and local taxes, including sales and use taxes, property taxes, franchise taxes, and income taxes. Topics addressed will include recurring issues, such as the impact on entities doing business in more than one jurisdiction and the role of state constitutional law.
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LAW 712 - Jury Selection (2)
This course focuses on the substantive law relating to jury selection as well as the art and science of jury selection. Prereq: LAW 600 and instructor permission. Offered: Fall and Spring, on rotation.
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LAW 714 - Deposition Skills and Technology (3)
This course focuses on developing the skills required to prepare and conduct depositions. Prereq: LAW 600 and instructor permission. Offered: Fall and Spring, on rotation.
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LAW 717 - State Constitutional Law (2 or 3)
This course is designed to provide the basis for a lively and exciting two- or three-credit course in this area of the law that continues to gain importance every day. State constitutional law issues arise in a surprisingly wide range of areas of law practice. Now, more than ever, lawyers and judges are discovering the importance of state constitutions and the judicial interpretations of those constitutions. The text explores the many common themes that appear in the body of constitutional law of all states and focuses on the importance of the unique language and judicial interpretation of state constitutions in resolution of specific issues.
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LAW 720 - Directed Research I (1)
Students may enroll in this course to select a topic and prepare a research paper under the guidance and supervision of a faculty member. The faculty member will provide guidance in selecting a topic and researching and writing the paper, will assure that the project’s length and depth is commensurate with the amount of academic credit awarded, and will assign a grade. To enroll, students must make arrangements with a member of the faculty and submit a completed Directed Research form to the Office of Law Student Records. NO MORE THAN TWO HOURS OF DIRECTED RESEARCH MAY COUNT TOWARD THE J.D. DEGREE.
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LAW 721 - Directed Research II (1)
Students may enroll in this course to select a topic and prepare a research paper under the guidance and supervision of a faculty member. The faculty member will provide guidance in selecting a topic and researching and writing the paper, will assure that the project’s length and depth is commensurate with the amount of academic credit awarded, and will assign a grade. To enroll, students must make arrangements with a member of the faculty and submit a completed Directed Research form to the Office of Law Student Records. NO MORE THAN TWO HOURS OF DIRECTED RESEARCH MAY COUNT TOWARD THE J.D. DEGREE.
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LAW 722 - Research Writing Seminar (1 or 2)
Members of the Cumberland Law Review may enroll in this course to complete their law review writing requirement under the guidance and supervision of a Cumberland faculty member. The faculty member will provide guidance in selecting a topic and researching and writing the paper, will assure that the project’s length and depth is commensurate with the amount of academic credit awarded, and will assign a grade. To enroll, students must make arrangements with a member of the faculty and submit a completed Law Review Writing form to the Office of Law Student Records. May be repeated four times for a maximum of 8 credits.
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LAW 724 - Practicing Law In-House (2 or 3)
This course provides an overview of the body of law and practical concerns associated with the in-house counsel. Concentrating on the differences between in-house attorneys and outside attorneys, the course will address topics such as the following: identifying the client for in-house counsel representing different private, public, and governmental entities; evaluating the attorney-client privilege and how it affects daily practice; identifying, assessing, and mitigating risk; managing regulatory compliance; managing litigation from the client’s perspective; handling governmental investigations; and protecting yourself from personal civil or criminal liability. The course has no prereqs, but students may find the Professional Responsibility’ helpful. The course will briefly touch on employment law, advertising, intellectual property, and corporate law.
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LAW 728 - Economic Analysis of Law (3)
An introduction to the economic theories relevant to legal problems. The course examines theories that attempt to explain common law and statutory developments as the application of basic economic rules. A paper is required.
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LAW 733 - Trial Journal Writing Seminar (1 or 2)
Members of the American Journal of Trial Advocacy may enroll in this course to complete their journal writing requirement under the guidance and supervision of a Cumberland faculty member. The faculty member will provide guidance in selecting a topic and researching and writing the paper, will assure that the project’s length and depth is commensurate with the amount of academic credit awarded, and will assign a grade. To enroll, students must make arrangements with a member of the faculty and submit a completed Trial Journal Writing Seminar form to the Office of Law Student Records. May be repeated four times for a maximum of 8 credits.
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LAW 735 - Torts II (3)
This course will address an array of basic torts topics that are not addressed at length in first-year torts. Specifically, it addresses defamation, invasion of privacy, and misrepresentation. At the discretion of the instructor, it may also address premises liability, claims for mental distress, claims for economic loss, liability for the acts of others, claims based on intentional interference with business relations, and nuisance.
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LAW 736 - Sales (2 or 3)
This course emphasizes the portions of Uniform Commercial Code Article 2 (sales) not ordinarily covered in the Contracts course. This course may also cover some or all of the following: international sale of goods; leases of goods; licenses of computer information, sales of real estate, and related topics.
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LAW 738 - Local Government Law (2 or 3)
This course considers legal issues that arise out of the operation of city and county governments and that affect nearly every lawyer’s practice. Topics include state and federal constitutional law, administrative law, land use regulation, civil rights, and tax law. Some attention will be given to the phenomenon of competition between local governments for new investment capital and new residents.
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LAW 743 - E-Discovery and Digital Evidence (2)
This course will focus on the application of the discovery portions of the Federal Rules of Civil Procedure and the Federal Rules of Evidence to information that is stored electronically. As we move toward becoming a paperless society, courts are grappling with the application of old rules to the new medium of computers. This course will begin with a basic discussion of computer technology with particular emphasis on data storage. The class will continue with an overview of the discovery sections of the Federal Rules of Civil Procedure and then discuss the application of those rules to electronically stored information. The discussion will include proposals to change the Federal Rules of Civil Procedure to make them more responsive to the paperless world. The course will end with a discussion of issues relating to the admissibility of evidence in electronic form.
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LAW 744 - Endangered Species Act Seminar (2)
This course begins with a brief introduction addressing the various scientific, social and economic arguments relating to why individual species may need special legal protection. After a basic overview of how the Endangered Species Act actually operates to protect endangered and threatened species, the course then examines in detail the history of species protection laws in the U.S., culminating with the enactment in 1973 of the Endangered Species Act, together with its subsequent amendments to the present date. Finally, the course analyzes the function and operation of each of the most significant provisions of the act within the context of existing case law and current legal debates. Students in this course participate by individually completing a series of interactive exercises and learning modules monitored by the professor, and by engaging in a series of mostly asynchronous dialogues with other students in the course and moderated by the professor. Students are graded by their performance on weekly exercises and discussions, together with a written final examination.
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LAW 745 - Bioethics and the Law (3)
A survey course covering issues related to the interaction between the emerging field of bioethics and the legal system. These include issues related to human reproduction, death and dying, and utilization of resources in a managed care environment. Specific topics related to human procreation include the legal and medical aspects of medically assisted reproduction, prenatal testing, genetic counseling, childbirth, abortion and contraception. Specific topics related to death and dying include withdrawing and withholding life-sustaining medical treatment, advance directives, active euthanasia, assisted suicide, and medical decision-making regarding premature and disabled newborns. Specific topics related to utilization of resources in managed care include: the ethical obligations of a health plan physician; futile treatment; and a comparative perspective on health care rationing with a particular focus on the British National Health Service and the Canadian provincial health care plans. The course will include a review of relevant cases and statutes as well as the consideration of clinical case studies.
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LAW 746 - Business Drafting (S) (2)
This course is devoted to the drafting of documents. It is taught in five successive and separate components of 5 to 6 hours each, each component dealing with a separate subject. Topics include the drafting of wills and trust agreements; contracts; UCC documents; and deeds, mortgages, and leases. The course also examines the substantive background of the documents. Enrollment is limited.
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LAW 750 - The Business of Law (2 or 3)
This course is designed to provide students with information and resources relating to the practical aspects of beginning a law practice. It is targeted towards students who are considering opening their own law practice either as a solo practitioner or with others. It complements, but should not overlap, the offerings in the current Law Office Practice and Management. As contemplated, the course does not include a doctrinal law component, although some aspects of doctrinal law in relevant areas (e.g. information and material on considerations attendant to leasing office space would likely touch on various substantive law aspects of landlord-tenant law and obligations etc.) would be incorporated into the course modules. Grading is pass/fail.
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LAW 751 - Legal Research Teaching Assistant I (1 or 2)
A course for student Teaching Assistants in the Lawyering and Legal Reasoning Program. Participants are selected by the director of the Lawyering Skills Program.
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