Civil Law Vs Criminal Law Essay
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What is the difference between civil cases and criminal cases?
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You must email Professor Gordon or McCoy by the end of the Registration Period and after enrolling in Social Justice Lawyering if you would like to seek this additional credit; there are very limited spots, which will be awarded on a first-come, first-served basis. This course will provide students with an enhanced and vital understanding of law firms as business entities in a competitive and global market.
Based on feedback from employers, interviews with hundreds of lawyers and published accounts from law firm leaders, it is clear that technical legal ability will be necessary but not sufficient to excel in the practice of law or any business endeavor in coming decades. The topics will be explored through the review and analysis of literature, statutes, and case studies, and will include a basic financial analysis of the operations of law firms.
Assignments will be collaborative and will simulate the client advisory process allowing students to gain experience providing legal advice and business recommendations. Associate Dean and Senior Lecturing Fellow Bruce Elvin will lead and organize the seminar, with senior law and business leaders serving as guest lecturers many weeks. A study of the theory and rules governing presentation of evidence to a judicial tribunal, including the concepts of relevancy, character evidence, judicial notice, real and demonstrative evidence, and expert testimony.
A study of legal and policy issues relating to the family. Topics include requirements for marriage, nontraditional families, obligations at divorce, establishing parenthood, and adoption. Grading is based on a final examination, written work relating to completion of a divorce settlement exercise and reflections on current issues in family law, and class participation. This course examines the constitutional and statutory doctrines regulating the conduct of American foreign relations. Topics include the distribution of foreign relations powers between the three branches of the federal government, the status of international law in U.
Where relevant, we will focus on current events, such as the recent lawsuits against China concerning COVID, controversies over immigration enforcement, the withdrawal by the United States from various treaties, and uses of military force against alleged terrorists. An introduction to federal income taxation, with emphasis on the determination of income subject to taxation, deductions in computing taxable income, the proper time period for reporting income and deductions, and the proper taxpayer on which to impose the tax. In planning their course schedules, students should keep in mind that Federal Income Taxation is a prerequisite for most other federal tax courses, including corporate tax, partnership tax, international tax, and the tax policy seminar.
For this reason, students who might want to take one or more advanced tax courses are strongly encouraged to take Federal Income Taxation during their second year of law school. Many attorneys are required to evaluate financial data, notably financial statements from corporations, on a regular basis. The need is not limited to corporate attorneys; indeed litigators in securities, antitrust, malpractice, or general commercial litigation frequently must analyze financial information. This course serves to both introduce basic accounting principles and practices and their relationship to the law, as well as to study a number of contemporary accounting problems relating to financial disclosure and the accountant's professional responsibility.
Students with accounting degrees, MBAs or who have taken more than a couple of accounting courses are not permitted to enroll. Also, Business Essentials may not be taken concurrently with this course. This course examines the legal doctrines, theories, and arguments arising out of the free speech and religion clauses of the First Amendment. This course provides an introduction to copyright, trademark, and to a lesser extent patent law and trade secrecy. It does not require a technical background of any kind. The course begins with an introduction to some of the theoretical and practical problems which an intellectual property regime must attempt to resolve; during this section, basic concepts of the economics of information and of the First Amendment analysis of intellectual property rights will be examined through a number of case-studies.
The class will then turn to the law of trademark, copyright, and patent with a particular emphasis on copyright, developing the basic doctrinal frameworks and discussing the advantages and disadvantages of each. We will focus in particular on a number of areas where the theoretical tools developed at the beginning of the class can be applied to actual problems involving a full panoply of intellectual property rights; these areas include intellectual property on the Internet, the constitutional limits on intellectual property, and innovation, monopoly and competition in the technology sector. The overall theme of the course is that intellectual property is the legal form of the information age and thus that it is important not only for its enormous and increasing role in commercial life and legal practice, but also for its effects on technological innovation, democratic debate, and cultural formation.
Much of our doctrinal work will be centered around a series of problems which help students build skills and learn the law in a highly interactive setting. You can also download the casebook for the class here — for free — to give you a sense of the topics that are covered. This course offers a general introduction to the international legal system and provides a foundation for more specialized courses. Topics covered include the sources, actors and institutions of international law; the application of international law by U. The course examines the basic principles of labor law: a body of rulings, regulations, and legislative acts governing the rights of workers to form a union and collectively bargain over workplace terms and conditions.
It focuses on the major federal legislation in this area - the National Labor Relations Act - as opposed to other laws governing workplace conduct wage-hour, anti-discrimination, etc. The class covers the history of the Act, who is covered under its provisions, the jurisdiction of the National Labor Relations Board and judicial review of its actions, how unions are formed, collective bargaining, unfair labor practices and the procedures to remedy same, and economic weapons used in labor disputes strikes, boycotts, lock-outs, etc. The class also analyzes labor law from a multi-disciplinary perspective, with attention given to race, psychology, economic history, politics, and emerging cultural and social trends the rise of social media as a means of union organizing, for example.
It is taught using a combination of lecture, case analysis, and classroom simulations. It is the goal of this course to provide the student a firm grounding in the basics of labor law, with a practical appreciation of the passions labor conflict generates. Labor law lends itself to lectures, discussions, and practical exercises, so your participation in and out of class is important and will be considered in your final grade.
This is an introduction to the principles and concepts of commercial law and bankruptcy and their interplay. It is intended to provide a solid conceptual and practical grounding in all of the basic commercial and bankruptcy law issues that you are likely to encounter in your practice. The course starts with a brief overview of the more innovative aspects of sales law, and then introduces such basic commercial law concepts as negotiable instruments, letters of credit, funds transfers, and documents of title. The course then focuses on secured transactions under Article 9 of the Uniform Commercial Code UCC , including the concepts of security interests, collateral, perfection and priority, and foreclosure.
The course also introduces basic corporate reorganization and international insolvency principles. This course Principles is intended to give a solid, conceptual and practical grounding in all of the basic commercial and bankruptcy law issues that you are likely to encounter in your practice. This course uses consumer bankruptcy as a lens to study the role of consumer credit in the U. The class will focus on the key aspects of the consumer bankruptcy system, including who files bankruptcy, what causes bankruptcy, the consequences of bankruptcy, and the operation of the bankruptcy system. We will discuss each of these issues in the larger context of consumer debt and consumer law, and will also cover the foreclosure crisis, student loans, and issues related to debt, race, and gender.
The readings will come from law and non-law sources, including the work of a variety of social scientists. However, if you've taken one of the courses in a previous semester and wish to take the other, that will be permitted. This course examines the powers and limits of the law to right those who have been wronged. We will cover different forms of remedies—including money damages, injunctions, and declaratory judgments. We will also explore ancillary remedies or enforcement mechanisms, such as the power of courts to hold parties in contempt. The course spans both private and public law contexts, with specific case studies ranging from school desegregation to the September 11th Victim Compensation Fund.
Ultimately, the goal of the course is to provide an understanding of how the law responds to transgressions of substantive law, and also to provide a richer account of the power of our legal institutions more generally. An examination of noncommercial property dispositions, both testamentary and inter vivos, including the following topics: intestate succession; wills and will substitutes; creation and characteristics of trusts; powers of appointment; problems in trust and estate administration. This course explores laws and policies that affect decisions on United States ocean and coastal resources.
We examine statutes, regulations, attitudes, and cases that shape how the United States and several states use, manage, and protect the coasts and oceans out to — and sometimes beyond — the mile limit of the Exclusive Economic Zone. We cover government and private approaches to coastal and ocean resources, including beaches, wetlands, estuaries, reefs, fisheries, endangered species, and special areas. The final grade for this course will be based upon several factors, including a final exam, discussion team memos and presentations, and class participation.
In this foundational course, students learn legal reasoning, research skills and predictive legal writing. The course trains students to research, analyze, and present issues in the US common law style, preparing them for law school exams and any future work they might do with US attorneys. It challenges them to write in the direct, succinct style preferred by US lawyers and business people.
Students complete two office memoranda that focus on questions of both state and federal law. Students improve their written English through numerous opportunities to review and revise their work. Taught in small sections by faculty who have practiced law and have extensive experience with international lawyers, the course prepares international LLM students for a transnational career. This course will examine the practices and powers of American appellate courts, with a particular emphasis on the federal courts of appeals. Our discussion will focus on the goals of these institutions and the extent to which individual components of the appellate decision-making process—including oral argument and opinion-writing—further those goals.
We will begin with an overview of the function of appellate courts—why they were created and what we expect of them today. We will then move to the specific components of appellate adjudication, including mediation, briefing, oral argument, and judgment, as well as the personnel who contribute to the adjudication process. Finally, we will consider the ways in which the appellate courts have been affected by an increasing caseload, and proposals for alleviating the strain on the courts. Ultimately, the goal of the course is to expose you to how appellate courts operate and the purported goals of these institutions. Over the course of the semester, you should also be evaluating what you think are the fundamental objectives of appellate review and whether the current structure of the courts allows them to meet those goals.
Evaluation in the course will be based on a final research paper, which may be used to satisfy the SRWP. Banking has evolved rapidly in just a few years. Global trade and investment have been supported and promoted by an emerging global financial system. This has in turn encouraged the growth of giant universal banks, based in the United States, the United Kingdom, mainland Europe, China and Japan. The debate over big banks and "too big to fail" concerns continued to be an important public policy concern in the Presidential election campaign and is certain to be so for the election. Since the Global Financial Crisis of , the largest in a long run of domestic and international crises since the Great Depression of the s, a new Dodd-Frank framework has been emerging.
This framework has fundamentally changed the way in which such financial institutions are regulated. After more than a decade of reform, however, the framework remains controversial, at least in the United States, and executive and congressional efforts to reverse the Dodd-Frank and Basel models were deployed under the previous Administration, with some success. This controversy has now become more complicated in light of actions taken by the Treasury Department and the Fed to address financial and economic difficulties inflicted by COVID Climate change is also starting to have a deep impact on financial markets, and this in turn is shaping some of the actions of regulators and banks.
The walls between the three main sectors of finance - banking, securities and insurance - have broken down, yet at their core banks continue to be somewhat unique in their functions and the challenges they present for financial stability. This course will review all the domestic and international regulatory developments since the Global Financial Crisis, focusing on the established and emerging regulatory architectures and systems, both domestic and international, currently proposed reforms, and future challenges and prospects for global and domestic financial reform. This course serves as an introduction to the field of corporate crime, which now covers a large realm of government and law firm practice.
The course will give students a first exposure to: 1 the contemporary practice in federal government agencies and medium to large corporate law firms of investigating, sanctioning, and representing corporations and their managers and employees involved in potential criminal violations and certain civil analogues , and the law that governs those processes; and 2 the debate in the public policy realm over whether, why, how, and when the criminal law should be applied in the corporate and business context. This field is large, complex, and developing rapidly. This course therefore can cover only a selection of topics, and will emphasize policy and the need to confront gaps and uncertainty in doctrine.
As there is no unitary body of black letter law in this field, students should not expect this to be that form of law course. Coverage is likely to include mail and wire fraud, perjury and obstruction of justice, securities fraud including insider trading and accounting fraud , the Foreign Corrupt Practices Act, corporate criminal liability, grand jury powers and procedure, representation of entities and individuals, the Fifth and Sixth Amendments in the corporate context, plea and settlement agreements, and sentencing. The materials consist of a newly published text, which is the outgrowth of former course packs.
There may be occasional handouts. Assigned readings average 30 pages per class meeting, with less case law and more fact-based practice documents, problems, and commentary than with a typical case book. The grade will be based primarily on a floating take home exam, with some weight given to class participation. This course will examine the regulation of technology, and specifically the technology of Internet and telecommunications. We will examine the possible application of antitrust law and more specific forms of regulation, and will consider pending policy proposals. We will also examine the constitutional principally First Amendment constraints on any such regulation. This course will explore selected topics in Law and Politics of American Democracy.
We will examine the way the law and other forces have shaped the structure of American political participation, and we will consider alternative directions American democracy might take. The course will survey the legal issues raised by cyber-related crime. The bulk of the course will be organized around two overarching themes: 1 substantive criminal law i. Along the way, we will also consider topics that frequently arise in cyber-related investigations and prosecutions, such as: jurisdictional issues e.
We will make regular use of contemporary case studies, including several drawn from my own experience in the national security arena. We will also examine threats that pose particularly difficult legal and policy challenges, such as foreign interference in U. What decides legal cases? One obvious answer is: the law. Judges apply the law to the facts of a case and an answer presents itself.
This simple understanding of how law and the judicial process work may be true in many cases, but it is not true in all of them. Social scientists have sought to explain judicial decisionmaking by reference to a variety of non-legal factors, including judges' personal characteristics, their caseloads, and their relationships with each other. The social scientific study of courts raises a host of interesting questions. For example, on a multi-member court like the Supreme Court, does it matter which Justice is assigned to write the opinion, or will the majority or the whole Court bargain to the same outcome anyway? If opinion assignment matters to outcomes, how might judges' choices about the division of labor influence the content of the law?
How do higher courts ensure that lower courts comply with their decisions? Does the need to police lower courts alter legal doctrine, giving us more bright line rules and fewer fuzzy standards? Similarly, does the fact that certain groups, like the Chamber of Commerce, are repeat players, affect the outcome of cases? Does it affect doctrine? Finally, does it matter who is under the robes? Does the ideology of the judge, or her race or gender, matter to the outcome of cases?
Which cases? If so, is it possible to predict how judicial characteristics will shape the law? Should our answers to these questions affect how we choose judges? This course that will examine these questions and many like them. In law schools, these sorts of questions get limited attention: our focus is primarily on the legal doctrine or rules themselves. Social scientists take a very different approach, studying the behavior of judges rather than legal doctrine and trying to understand what accounts for judicial outcomes and the shape of legal institutions. This course will marry the social science literature and the questions it raises to a set of normative problems within the law itself.
Habeas corpus allows prisoners to challenge their detentions and it empowers judges to free prisoners that are unlawfully detained. The writ reaches the most unpopular prisoners: enemies of the state, war criminals, and those convicted of the most heinous crimes. Due to its historic role as the last resort for prisoners to obtain judicial review, the U. We will use my co-authored casebook: the first to cover federal habeas corpus comprehensively, presenting post-conviction review and executive detention litigation in an accessible way.
It is available on Sakai, along with the rest of our course materials. We will begin with an examination of the writ of habeas corpus, under which federal courts examine whether detentions are authorized. We will explore the historical evolution of the writ from a common law prerogative writ to the U. We will then focus on habeas litigation by state prisoners convicted of crimes.
In the second part of the course, we will examine the Suspension Clause and how Article III of the Constitution shapes the power of judges to use habeas corpus. We will explore the use of habeas corpus to remedy unlawful executive detention, including immigration detention, military detention, and national security detention. We will conclude by studying the intersection of habeas corpus and civil litigation, and with a broader look at the future of habeas corpus. We will conduct a series of practical exercises based on real cases, during synchronous classes and offline.
Short lectures will often be recorded in advance to focus our synchronous time on engaging with the material. The goal is for you to understand the doctrine and theory but also develop practical litigation skills, directly applicable to prisoner litigation, and also to litigation generally. Some will be in-class exercises, while others will be written exercises outside of class. You will be given feedback on your work throughout the semester. All midterm and final exam grading is blind. This is an advanced civil procedure class taught in the Moot Courtroom for those interested in large scale litigation, with an emphasis on practical application and stand-up courtroom 3-minute "mini- oral arguments" on many of the key cases.
The course will focus on the problems of large multi-party and multi-forum civil cases and how courts and litigants deal with them. Coverage will include the practical steps litigators need to take as well as decision points at the outset of litigation, joinder devices, especially but not only class actions; federal multi-district transfer and consolidation; litigation over the appropriate federal or state forum, coordination among counsel in multi-party cases, ethical issues, big-case discovery problems; ad hoc federal-state litigation coordination; judicial case management techniques and issues; and ways of accelerating or terminating potentially or actually protracted cases, including settlement, alternative dispute resolution, representative trials, mini-trials and claims processing facilities.
This course will provide an introduction to the dynamic and rapidly evolving field of cyber law and policy. Real-world case studies will be employed to allow students to weigh in on some of the most pressing issues of our time. This course is introductory in nature and no technical background is necessary. The Criminal Justice Ethics course centers on the law governing lawyers operating in the criminal justice system. It explores some of the critical issues facing lawyers in the roles of defense counsel and prosecutor, and includes several guest speakers. Students will observe local criminal court for one assignment. The class is discussion-based and students work through and discuss difficult ethical hypotheticals.
The course has a final exam. This course explores constitutional law from different parts of the world. The course will start by examining the goals, methods, and practical relevance of comparative constitutional analysis. We will then turn to a comparative analysis of constitutional structures, including differing approaches to separation of powers, judicial review, and federalism. The remainder of the course will examine comparative approaches to the constitutional protection of human rights. Students enrolled in Law Comparative Constitutional Law may choose to write a page research paper, in lieu of the page paper, in order to satisfy the JD Substantial Research and Writing Project degree requirement. Students choosing this option should enroll in Law W. Lawyers face non-legal, analytical issues every day.
Business lawyers need to understand a business in order to represent their client properly. Litigators need to judge the best route in adopting a litigation strategy. Family lawyers routinely need to value a business. Environmental lawyers need to understand economic externalities. Social lawyers need familiarity with financial instruments that have positive and negative attributes. Students taking this course will find it foundational in running a business, advising a business, or litigating business matters that go beyond the strict letter of the law. In this sense, this is not your standard doctrinal law school course. Rather, it is designed to give students the tools necessary to interact with the business community and run a company or firm.
This basic introductory survey course is aimed at students who have only a basic background in math basic high school algebra and may have majored in humanities and social science as an undergraduate. This survey course studies the legal and policy issues governing water resource allocation in the United States. Students will be introduced to both the Prior Appropriation systems of the western United States and the Reasonable Use systems dominating the eastern states. We will study the law applied to groundwater use as well as issues of federalism. We will examine the issues from the perspective of different user groups. This course analyzes the legal and policy regimes that shape the introduction of new products, processes, and services in the life science industries.
Innovation in biopharmaceuticals, medical devices, health services, and health care delivery is central to the heavily regulated life sciences sector, and thus the sector offers a window into multiple intersections of scientific innovation, regulatory policy, and law. Innovation in this sector is also shaped by multiple bodies of law e. Although this course focuses on innovation in the life science industries, this focus will produce lessons for innovation policy in other regulated and less-regulated industries. A comprehensive course on the law of literary and artistic property, with emphasis on mastering the technical intricacies of the Copyright Act and its many complex recent amendments, including the cyberspace rules introduced by the Digital Millennium Copyright Act.
Subject matter treated will include literary characters; musical works; pictorial, graphic, and sculptural works; industrial designs; motion pictures and plays; sound recordings; computer programs and databases. Throughout the course effort is made to clarify the relations between artistic property and industrial property especially trademarks and unfair competition law in the United States and at the international level. Students are encouraged to think critically about the unresolved economic and policy issues facing creators and innovators in an Information Age, issues that often reflect a larger, ongoing debate within the framework of the world's intellectual property system, and the course will prepare them for the practice of copyright law at any level.
The course will focus on the process by which a corporate debtor achieves reorganization pursuant to the provisions of Chapter 11 of the Bankruptcy Code. Prior familiarity with bankruptcy principles and debtor-creditor law is not required. These will be incorporated in the course as it unfolds. Some familiarity with business organization is helpful but not necessary. The subject will be covered primarily from two perspectives: that of supervision of a debtor by the bankruptcy court and that of the underlying business and economic dynamics that lead both to the debtor's financial crisis and to its ability to secure a fresh start through a plan of reorganization.
Topics to be covered include: historical, Constitutional, and policy issues underlying Chapter 11's provisions and goals; overview of basic business structures and transactions bearing on Chapter 11 reorganization; alternatives to avoid Chapter 11; the powers and oversight role of the bankruptcy court and the obligations and governance of a corporate debtor when under the protection of the bankruptcy court; the major phases of a Chapter 11 case from initial filing to consummation of a plan of reorganization e.
Corporate Restructuring is the application of skills learned in Corporate Finance applied to real world cases. The course is intended for students planning on entering careers in corporate finance departments of large corporations, banks, consultants involved in mergers and acquisitions, divestitures and spin offs and those students planning on careers in finance and operational restructuring of both large public and private companies and small and growing companies, including venture investments. As the course includes board of director governance of firms, it is intended to introduce students to the role of boards for those students who wish to become members of boards of directors at some point in their careers. Corporate Restructuring includes both healthy companies and distressed companies and investments.
The first half of the course covers board governance of firms, mergers and acquisitions, leveraged buy outs and the role of finance and consulting professionals involved in transactions, both domestic and international. The second half of the course covers merger integration, both operational and financial, and the firm in financial or operational distress. We cover warning signs of distress, financial restructuring, bankruptcy and the emergence from bankruptcy.
This course provides a legal context to business, where applicable, in order to introduce Fuqua students to the legal context of business. As the course permits a limited number of law student enrollment, the course also introduces law students to the business context of law. This course is designed to familiarize law students with the principles of corporate finance. In the world of corporate finance, the distinction between lawyers and investment bankers has blurred.
Whether negotiating a merger agreement, acquisition, or divestiture, rendering a fairness opinion, preparing for an appraisal hearing, litigating securities class action or derivative suits, issuing new securities, taking a firm private via an LBO or public via an IPO, corporate lawyers and investment bankers work side-by-side. Lawyers with an appreciation of the basics of corporate finance gain a distinct advantage. This course will also provide important tools for litigators to work with financial expert witnesses and calculate damages. Topics include: the time value of money; the relation between risk and return; the workings and efficiency of capital markets; behavioral finance; valuing perpetuities and annuities; valuing corporate securities stock, bonds, and options ; valuing businesses as a going concern; optimal capital structure and dividend policies; debt covenants and other lender protections; derivatives; and the application of these principles to legal practice.
Students may choose to attend in person on a rotating basis or to participate on a fully remote basis. Grading: The course grade will be based on: i a final examination, ii class participation, and iii quizzes, problem sets, or other short assignments. A study of the provisions of the Internal Revenue code governing the tax effects of the major events that occur in the life span of a corporation, including the taxation of distributions to shareholders and the formation, reorganization, and liquidation of corporations. No papers are required, but class participation is expected. Students interested in taxation should take this course; it also has application to general corporate practice mergers and acquisitions.
It is strongly recommended that students take Business Associations before taking Corporate Taxation. Federal Income Taxation is a prerequisite waivable at the discretion of the instructor for a student with a comparable tax background acquired in some other way. The course will examine the legal framework governing energy production and consumption in the United States, and policy approaches for balancing energy needs with other societal goals. The course will include three main modules: 1 electricity sector regulation; 2 energy resources for electricity generation; and 3 oil and gas law.
Key themes will include:. The case study will be a group project where students will be assigned a case study. The group will lead the class discussion and exercise on the case study. In addition, each student in the group will prepare a 3-page policy brief that advocates for an outcome to a decision maker. The grade will be based on both the group discussion and the policy brief. Students will also be responsible for submitting discussion questions on the readings and short reflections on current events weekly.
Students must submit questions for at least 10 weeks. This course uses the lens of international debt finance to provide students with an advanced course in securities law, corporate law, and contract law. In the area of international debt finance, particular attention will be paid to debt issuances by sovereign nations. Given that much of this market is centered in New York and London, the focus of the course will be on U. Particular attention will be paid to how lawyers and their clients both the sovereigns and the investment bankers think about how to structure their contracts and what disclosures to make to the public regarding these contracts. Finally, attention will also be paid to the question of how domestic law private law principles can be utilized to solve or at least ameliorate the problem of third world debt with particular reference to Sub Saharan debt.
Students have the option to complete a mid-semester assignment in Law International Debt Finance for an additional credit. Education Law: Constitutional, Statutory, and Policy Considerations This seminar introduces students to the legal standards that govern public schools in the United States. Constitutional topics include the right to a public education, the financing of public schools, desegregation and equal opportunity of students, limitations on student speech, school discipline and the right to due process, religion in schools, and privacy rights of students.
Policy topics include school reforms, such as charters and vouchers, and the ongoing inequities in US public schools, and the school-to-prison pipeline. A research paper is required; successful completion of the paper will satisfy the upper-level writing requirement. A course pack will be used in lieu of a textbook. This course examines the role of the federal government in the criminal justice system, focusing on significant federal offenses criminalizing fraud, public corruption, drugs, money laundering, racketeering, firearms, and terrorism. We will also consider prosecutorial discretion, plea bargaining, and sentencing in the federal system.
The objective of this course is to master doctrine and to learn how to debate federal criminal law's merits and proper limits. Public policy, theory, critical thinking, writing, and oral advocacy will be emphasized. Federal criminal law is recommended either for second- or third-year students. It is especially helpful for students who will have a federal judicial clerkship, and those who anticipate a career in litigation. There are no prerequisites. Each student will participate in two mock appellate cases, once as a judge and once as an advocate. The course grade will be based on class participation, the mock cases, and a take-home examination, allocated as follows:. The course may also address briefly privacy issues and laws in an additional country, such as China, for purposes of further comparison.
Students will gain a broad understanding of the breadth, diversity and growing importance of the privacy field. Topics covered include cryptocurrency use and regulation, legal forensic analysis of tokens, ethereum-based smart contract governance frameworks, patent strategy, and the professional responsibility considerations when working in a space that is popular, but not well understood. Students will learn about distributed ledger technologies and even get an introduction to programming a decentralized game. No previous programming experience is needed for this course, but a willingness to read and reread and discuss technical documentation and literature is essential.
The course will conclude with a final packet of coursework for grading purposes. What are the government policies that support science? How is science regulated and controlled? What can science contribute to law and policy? How do the states, the federal government and international agencies interact to set science policy? How do disparate regulations and law impact research and translation? How is scientific research funded? These questions and more will be explored by looking at the interaction of law, science, and policy. The class is a mix of law, ethics and science students, and learning how to talk to one another in a common language is an important element of the course.
Classes will include consideration and analysis of cases studies. There are no prerequisites for the course and there is no requirement that students have either graduate or upper-level undergraduate training in the sciences. Course evaluation i. This course focuses on section of the United States Code, a Reconstruction-era statute that enables private parties to sue any other person who "under color" of law deprives them of the "rights, privileges, or immunities secured by the Constitution and laws" of the United States.
Class participants will become familiar with the theoretical, procedural, and practical aspects of civil rights litigation, including constitutional and statutory claims, defenses and immunities, and available remedies, including attorney fees. Related U. Code provisions concerning discrimination in housing, contractual relations, employment, and voting are examined where relevant. Exam-based evaluation. The alternative asset classes of private equity and hedge funds represent a significant and growing share of investment activity worldwide and are at the center of many of the most pressing current issues in finance and financial law. While traditionally lightly regulated, both areas have received increasing regulatory attention since the global financial crisis of Both also figure prominently in major ongoing debates concerning financial stability, market efficiency, corporate governance, financial innovation and complexity, and even income inequality.
This course introduces private equity and hedge funds from the perspectives of finance, regulation, and legal practice, covering the foundational issues of securities, tax, organizational, and fiduciary law that they raise. Students will learn the basic regulatory framework applicable to fund structuring, fund managers and sponsors, fund offerings, and fund investments, and gain experience with the key agreements among the parties involved. In addition, the course will critically assess the current regulation of private equity and hedge funds and proposals for reform. Through reading materials, course discussions, guest lectures, and group work, students will gain insight into the perspective of fund managers, advisors, investors, those who transact with such funds, and those who regulate the fund industry.
Prior coursework in securities regulation and taxation may be useful, but is not required. This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. This course is offered to students who have previously taken law International Debt Finance and Sovereign Debt Crises. This course will examine a number of topics related to the law of animals, including various issues that arise under the laws of property, contracts, torts, and trusts and estates.
It will also examine various criminal law issues and constitutional law questions. The class will consider such issues as the definition of "animal" as applicable to anti-cruelty statutes, the collection of damages for harm to animals, establishing standing for animal suits, first amendment protections, and the nuances of various federal laws. This course concentrates on possible relationships between law and literature. The major themes will be the depiction of law and lawyers in popular and highbrow fiction; the relationship between the interpretation of legal and literary texts; law in utopia and dystopia; crime, punishment and racial justice and the romantic conception of authorship.
Fair warning: the course involves considerable reading — but almost all of it consists of works of fiction. For the final exam, which you will have 2 weeks to complete, you will be given a list of very broad essay topics brought up by the books we have read, and will write 2, word essays on the topics of your choice. Introduction to basic principles of food and drug laws and examination of how significant doctrines of constitutional, administrative, and criminal law have been elaborated and applied in the food and drug context.
The United States Food and Drug Administration has a pervasive role in American society: it is often said that the agency regulates products accounting for twenty-five cents of every dollar spent by consumers. Exploration of the complex interplay of legal, ethical, policy, scientific, and political considerations that underlie the FDA's regulatory authority, its policy-making, and its enforcement activity. The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts.
The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus. The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments.
The current plan is for this class to be taught in a hybrid format during the Spring semester, with some in-person sessions for those able to attend them. It takes the Con Law I themes of federalism, separation of powers, and protection of individual rights and develops them in the context of jurisdiction, procedure, and remedies. Most experienced litigators--including criminal and regulatory litigators--consider the course essential. Federal Courts 1 is the first of a two course sequence designed to provide exhaustive coverage of the material at a very civilized pace. Both parts one and two are three-credit courses ordinarily taken in the Fall and Spring of the same year.
They have separate exams that are graded independently. There is no requirement that one take both installments, but it is strongly recommended. We begin with the justiciability doctrines standing, ripeness, mootness, and finality , then move on to Congress's control over federal court jurisdiction and adjudication in non-Article III courts e. This installment also addresses the relationship between federal and state courts, including the U.
Supreme Court's power to review state court decisions, the Erie doctrine's restriction on the common lawmaking powers of federal courts, and the implication of private rights of action under federal statutes. Most experienced litigators—including criminal and regulatory litigators—consider the course essential. Federal Courts 2 is the second of a two course sequence designed to provide exhaustive coverage of the material at a very civilized pace. Federal Courts 2 Public Law Litigation focuses on litigation meant to vindicate federal statutory and constitutional rights.
We begin with the ins and outs of the Federal Question jurisdictional statute, then move on to suits against the government. We address both federal and state sovereign immunity in depth, and we explore civil rights litigation against state and federal officers under 42 U. We also canvass various statutory and judge-made rules limiting parallel litigation in state and federal courts. The course concludes with an in-depth treatment of federal habeas corpus as a vehicle for judicial review of executive detention and for collateral attack on state criminal convictions.
This survey course examines topics in law relating to gender through a series of different theoretical perspectives. Topics include employment, the family, domestic violence, school sports, sexual harassment, pornography, prostitution, rape, affirmative action, women in legal practice, pregnancy, and sexual identity. Some film is used in class. Evaluation is by an end-of-term exam and three short "reaction papers.
A survey of the legal environment of the health services industry in a policy perspective, with particular attention to the tensions and trade-offs between quality and cost concerns. Topics for selective study include access to health care; private and public programs for financing and purchasing health services; the economics of health care and health care costs; the role of professionalism versus the new commercialism in health care; the legal and tax treatment of not-for-profit corporations; regulation of commercial practice in professional fields; fraud and abuse in government programs; the application of antitrust law in professional fields; the internal organization and legal liabilities of hospitals; public regulation of institutional providers, including certification of need; personnel licensure; private personnel credentialing and institutional accreditation; liability for medical accidents; legal liabilities associated with the administration of health benefits; and public regulation of managed-care organizations.
Study of the diverse legal problems encountered by a single industry, particularly one as important, complex, and intrinsically interesting as health care, may appeal to students generally interested in public policy and in law and economics as well as those with specific interests in the health care field. This seminar is available to students currently enrolled in Law or who have taken it in a previous semester. It is designed to supplement Health Law and similar graduate-level health policy offerings and will explore contemporary issues in health law and policy.
Topics to be considered will include: Medicaid reform, competition policy, individual insurance markets, payment reform, provider strategy, and employee benefits design. Some sessions will be organized around guest presentations from policymakers, policy thought leaders, and prominent academics. This course will examine the role of the U. Conventional theories of judicial independence do not define a legitimate role for social movements in the transformation of U. Accordingly, this course will explore how movement participants engaged the U.
Constitution and how these encounters shaped constitutional doctrine, social institutions, public discourse, and movement participants themselves. We will investigate the processes of mobilization and counter-mobilization and reflect on how the U. We will also consider how and why movements fail and will critically analyze rights-based approaches to reform. Course readings will draw from a wide range of historical, sociological, and legal sources. This 3-credit course will provide an overview of immigration law and policy. It will examine the legal, social, historical, and political factors that constructed immigration law and policy in the U. In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.
Valuing a business—big or small—is often a central focus of leading legal, banking, investment and business institutions. This course provides students with the tools to understand valuation principles, coupled with the depth of accounting necessary to understand the drivers of that valuation—all using the rigor of Certified Financial Analyst CFA materials. Whether working at a bank, a law firm, a prosecutor's office, an agency or an investment manager, many graduates find themselves without the skills needed to understand the value of entities and their financial statements.
Those who have these skills are highly valued and often end up running corporations, law firms, and agencies. This is a high-level course for those with experience in corporate finance and accounting. It is designed to give the advanced student a deeper dive into important concepts relating to equity valuation and financial statement analysis. Familiarity with numbers is essential. The areas of focus include:. Handouts and problem sets will be distributed in class.
Problem sets will be graded. Class Attendance and Preparation Students are expected to attend all sessions. You should read appropriate materials prior to class. Problem Sets Problem sets will be assigned throughout the class. Most of these will be graded. Some problems will not be graded and will be done in teams. Examinations There will be a three-hour mid-term examination on the Equity Valuation section of the course and a three-hour final examination on the Financial Statement Analysis section. Grading Final course grades will be determined by the following allocation:. Specific issues concerning homework and the final examination will be discussed in the first class meeting. Prerequisites One of the following courses or their equivalents : Corporate Finance, Accounting, or Financial Information.
Exceptions can be made by the instructor. This fall semester the course will be taught as a seminar focused specifically on sex in law. This section of the course will feature the male-female binary, but in that context, we will also discuss the legal treatment of individuals with intersex conditions. We will then turn to an examination of modern sex classifications and equality law, and the way these have developed in tandem with academic work critiquing the social or gendered construction of sex.
The Republic, the High Court had tried summarily an accused person who was Introduction It is the dream of every Government for every citizen of that country to have a home or a job. Having a home or Introduction As transaction lawyers representing clients with businesses in regulated spaces, we often find ourselves engaging regulators to seek their consent, approval or some other Introduction Perhaps, it may surprise you to know that a conviction by a lower court, not appealed against by the convicted person or his lawyer In a world that seems to be falling apart, it is fair to say that technology is what has held it together up to this Introduction Succession is an integral part of customary law and since customary law is part of the laws of Ghana and for that matter the Ghana If you closely follow activities on twitter, then you might have seen the recent plea by the BET award-winning rapper, Sarkodie, directed at the twitter On 30 March , the President of the Republic Introduction Due to the COVID pandemic, the President has imposed restrictions on the movement of persons and public gatherings pursuant to the Imposition of Restrictions In this article, we will look at It has become a common concern among students, lawyers, politicians and the wider population about the threat Covid poses to current government of the day This article seeks to examine the origin of the concept and how it If the Convention on the Recognition and Enforcement of Foreign Arbitral Awards New York, enabled the enforcement of foreign arbitral awards within the jurisdiction Which world are we in?
We live in unusual times. The Coronavirus pandemic has altered our lived reality globally, and for the worse, necessitating significant behaviour change on the part Introduction: One provision in the Constitution that has set judicial brains wrangling in the area of constitutional interpretation is article 88, particularly clauses Zwennes saying that he must, as a solicitor for the 2nd Respondent, be also permitted to Religion is a pre-occupation of the day-to-day lives of Ghanaians - and this gives the clerics dominion of the society. Like elsewhere in Greece and For sometime now, a running battle has been on going between the Food and Drugs Authority FDA on the one hand, and some personalities in Generally, a Introduction When negotiating international contracts involving the extraction of natural resources, the parties the Investor and the State carefully consider their choice of governing law Introduction Aviation plays a vital role in facilitating economic growth, global connectivity, business and tourism in developing countries like Ghana.
The burgeoning demand for air transport And she chose a fine time Over the past months, the song of the African continental free trade agreement AfCFTA has been sung incessantly by economists, ministers and government officials. Introduction Injunction applications are very common before trial courts. In litigation over land, the Plaintiff often files an injunction application almost at the same The Ghana Law Hub believes that its readers can benefit immensely from knowing about case law from other countries. This is why it has decided The Supreme Court has in the case of Theophilus Donkor v. The Attorney General shorn the light on the controversial question of the category of officeholders Commission of inquiry is a constitutional mechanism employed by the government to investigate any matter that is in the interest of the public.
The appointments, Introduction In , Ghana was faced with an energy crisis. The water levels The FDA, in its vetting process for advertisements for pre-packaged foods, pays particular attention to whether the advertisement derides directly or indirectly other products which it is Members of the public can go on the internet and On 4th October , the day on which new lawyers were called to the Ghanaian Bar, the Bar and Bench lost one its brightest light I must begin by congratulating my soon to be colleagues who will be called to the Bar. As a fellow junior member at the bar, Lawyers and taxmen make strange bedfellows. And in more than one instance, attempts to infuse the enforcement of tax obligations with justice delivery have been I have been fascinated with television advertisements for as long as I can remember.
As a child, it was my dream to be in one Introduction: In Ghana, the Income Tax Act, , Act , as amended, impose taxes on every person who earns income during the year of Introduction: In recent times, some banks and financial institutions have been freezing their customers account based on notices from the Ghana Revenue Authority GRA represented The Law of State Responsibility is the branch of Public International Law that regulates the determination of the legal liability of a state for internationally Discussions on the types of marriages celebrated in Ghana have in recent times given the impression that persons married under the ordinance have more advantages than their counterparts married under customary law.
Although this assertion may be true in some very limited instances1, spousal rights under the Constitution2 and some Introduction On 23rd December , the Borrowers and Lenders Act, Act was enacted to, amongst others, improve on the existing standards of Article e of the Constitution provides that persons include female persons and corporations. Mental health issues have dominated global health conversations over the years, mainly due to the increasing rates of suicide, depression and substance abuse, especially among Over the past few years, Ghana has been rolling out local content and local participation regulations in various sectors of the economy.
In , comprehensive The first part of this piece discussed in general terms the differences between termination and dismissals under the Ghanaian law. The piece went on to In virtually every employment case law, you are likely to find the following words and phrases in use: dismissal, summary dismissal, wrongful dismissal, wrongful termination, Introduction While the Criminal Offences Act, Act 29 outlines a number of criminal offences and prescribes punishments for offenders, a number of the crimes The right to privacy is a fundamental human right. Article 18, clause 2 of the Constitution provides that: "No person shall be subjected to The supreme court has stressed that nothing prevents a court from electing to hear and decide on its merit a motion that has not been The world we live in has undergone several industrial revolutions.
The First Industrial Revolution used water and steam power to mechanize production. The Second used electric Manufacturers of products usually have one aim: to become the leaders in the market in which they operate. Apart from striving to make the best Ghana is widely conceived as a religious country. Religious norms and practices have unsurprisingly gained grounds and in some instances compete with the law. The Ghana Education Service GES in officially banned all forms of corporal punishment of children in schools in Ghana as part of efforts aimed The statutory corporation went on quietly to the ancestors without the usual Ghanaian fanfare. There was no one to sing of its former glory at Article 22 1 of the Constitution of Ghana requires that reasonable provision should be made for surviving spouses out of the estateof a deceased spouse A survey of the reporting of the still on-going issues surrounding the banking sector in Ghana reveals that many of the problems associated with the It has been said that only a fool never changes his mind.
However, in our criminal jurisprudence, setting certain actions in motion without completing them Under the criminal justice system, a crime is regarded as an offence against the state and not the victim. The state steps into the shoes of A few weeks ago, I saw eleven facts on traffic rules which sought to educate users of the road, particularly drivers. This was virally shared The Supreme Court by majority decision has held that an insured party is entitled to determine the value of his insured car and that the Consider a scenario where you discover a gold nugget while digging your land for planting. Section of the Minerals and Mining Act, Act Bobby Banson - September 28, 1. The Meaning and Import of Article 5 of the Constitution and its Effect on Statutory Corporations Set Up with Commercial Functions Helen Amponsah Asare - July 11, Introduction Article 5 of the Constitution requires that all international business or economic transactions to which the Government is a party must be laid Allodial interest under the Land Act, Some thoughts Justice Alexander Osei Tutu - May 7, Introduction The problems that confronted land acquisition and administration in Ghana were daunting.
Bobby Banson - February 15, 1. Frederick Gurah Sampson - January 31, Introduction. A Message of Hope for the Year Justice Alexander Osei Tutu - January 8, Introduction Year gives some glimpses of hope universally coming straight from , a year that the world was wracked with the deadly Covid Pandemic. Bobby Banson - January 6, 1. Joseph Kwadwo Konadu - November 4, 1. Bobby Banson - August 16, 1. The Decision in Mintah v Ampeyin in Retrospect. The Utility of Marriage of Mohammedans Ordinance Under the Current Ghanaian Legal Dispensation Ghana Law Hub - July 26, Where the marriage is not registered within the prescribed one week period, or where the attendance of any of the persons whose signature is necessary Evolving African Philosophy of Law Overshadowed by Western Principles Michael Sumaila Nlasia - June 15, Introduction Although African philosophy of Law has its roots in African customary law, it can be seen as an evolving jurisprudential tradition overshadowed by western Is Akrong vrs.
Bulley Still Good Law? Justice Alexander Osei Tutu - May 29, Introduction It is common knowledge that capacity is a fundamental legal principle in the commencement of any legal suit, the lack of which strips a Establishment of Emergency Communications Instrument, E. Dismantling the Retirement Age Architecture Professor Stephen Kwaku Asare - May 18, The Supreme Court recently decided by a majority that the year-old Martin Amidu was eligible to be nominated, vetted and appointed to the office Re: Hayford Ofosu Amaning v. Hayford Ofosu Amaning v. Bobby Banson - May 4, 1.
Theophilus Donkor v Attorney-General: The Road Not Taken Jon K Amable - May 4, Introduction As transaction lawyers representing clients with businesses in regulated spaces, we often find ourselves engaging regulators to seek their consent, approval or some other Selikem Donkor - April 23, If you closely follow activities on twitter, then you might have seen the recent plea by the BET award-winning rapper, Sarkodie, directed at the twitter Kwasi Prempeh - March 23, We live in unusual times. Constitutional interpretation — An uneasy task: Article 88 in perspective Justice Alexander Osei Tutu - March 20, Introduction: One provision in the Constitution that has set judicial brains wrangling in the area of constitutional interpretation is article 88, particularly clauses A Secular State and the National Cathedral Michael Sumaila Nlasia - March 9, Religion is a pre-occupation of the day-to-day lives of Ghanaians - and this gives the clerics dominion of the society.
Seth Ansong - January 27, Introduction When negotiating international contracts involving the extraction of natural resources, the parties the Investor and the State carefully consider their choice of governing law Mohammed - January 13, Introduction Aviation plays a vital role in facilitating economic growth, global connectivity, business and tourism in developing countries like Ghana.