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Course Descriptions A-E
1208 – ADMINISTRATIVE LAW
The powers and procedure of administrative agencies in this country. Constitutional limitations, the nature of the power vested in administrative bodies, distinction between legislative, judicial, and executive powers, procedural and evidentiary problems, conclusiveness of administrative determinations, the requirement of due process, and the extent of judicial control over administrative action. The allocation and control of agency power and, ultimately, how procedural fairness is accommodated to the efficient accomplishment of legislative purpose.
1212 – ADVANCED LEGAL RESEARCH (SKILLS)
Advanced training in the legal research skills for the practice of law. State and federal case law, statutory and administrative law, legislative history research, and research in specific areas of the law such as tax and international law. The integration of electronic and print research materials and advanced training on Lexis & Westlaw.
1216 – ALTERNATIVE DISPUTE RESOLUTION (SKILLS)
Mediation theory and practice, listening skills, problem determination, summarization, issue and interest identification, generation and evaluation of alternatives and the drafting of written agreements. This course will involve live mediation of disputes between citizens in a local court.
1705 – AMERICAN LEGAL SYSTEM
An introduction to the American legal system. The constitutional arrangement of American government, the court system, legislative organization, and administrative agencies, basic legal research tools in American law, including library systems and online databases. LLM students only.
1218 – Financial Literacy
Exposes students to the language and techniques derived from disciplines such as economics, accounting, finance and statistics, all of which are essential to legal argumentation and sound legal advice. Students will be introduced to the techniques of accounting (e.g., financial and income statements, analysis, accounting standards), finance (e.g., time value of money; diversification; asset valuation) and statistical analysis, (e.g., measures of the central tendency, visual presentations of data and sampling).
1220 – ANTITRUST LAW
The statutory underpinning of a competitive economy. Analysis of the structures of the Sherman and Clayton Acts. Legal areas include monopolizations and price fixing. Particular attention on issues of current concern.
1221 – ARBITRATION
The basic of the arbitration and law and practice including planning for arbitration agreements; enforceability of arbitration agreements: arbitrability; interplay between federal and state arbitration laws; the role and responsibilities of arbitrators and administering institutions; arbitral proceedings, and enforcement of arbitral awards. In addition to commercial, labor and a few other branches of domestic arbitration, the course will also touch on international commercial arbitration. Special attention will be given to the rules and practices of the American Arbitration Association and other arbitration institutions.
1224 – BANKRUPTCY & CREDITORS’ RIGHTS
The traditional creditor’s remedies employed to enforce money judgments. The relative rights of debtors and creditors under the Federal Bankruptcy Code.
1228 – BANKRUPTCY: PRACTICE & PROCEDURE (SKILLS)
Advanced bankruptcy litigation issues. Drafting documents and pleadings relating to bankruptcy practice. Prerequisites: LAW 1224 or permission of professor.
1610.04 – BANKRUPTCY CLINIC
3 / 6 Credits
Under the supervision of a bankruptcy panel trustee or bankruptcy practitioner, the researching, drafting pleadings and making court appearances in Federal Bankruptcy Court. Prerequisites: Obtaining Legal Intern Certificate from the Supreme Court of Ohio. Prerequisite or co-requisite: LAW 1224 - Bankruptcy and Creditor’s Rights.
1232 – BUSINESS ORGANIZATIONS 1
The nature, formation and characteristics of closely held enterprises, including partnerships, limited liability companies and corporations. The duties and liabilities of the participants in the entities and general agency concepts.
1236 – BUSINESS ORGANIZATIONS 2
Publicly held corporations and their management and ownership with particular focus on derivation litigation, shareholder voting and proxy rules, and the liability provisions of the Exchange Act.
1240 – BUSINESS PLANNING (SKILLS)
State substantive law and securities and tax law in planning the formation and change of business entities. Proposing solutions to the problems presented by the business client, the preparation of better explaining proposals to the client, and drafting documents that will carry out the proposed plan. Problems involving both incorporated and unincorporated business entities. Prerequisites: LAW 1232 - Business Organizations 1; 1440 - Taxation: Federal Income Tax; and either 1444 Taxation of Corporation and Shareholders or 1448 - Taxation of Partnerships and Partners.
1505 – CAPITAL PUNISHMENT SEMINAR
The specific legal issues inherent in capital punishment within the general area of criminal law and procedure. Both substantive and procedural law of capital punishment as well as the roles of lawyers, judges, and juries within this legal system. Law and legal analysis in death penalty statutes and cases; empirical analyses of the practice and philosophical examinations as to its wisdom. NOTE: Students who have completed LAW 1244 - Capital Punishment: Law & Procedure may not take this course.
1510 – CHURCH AND STATE SEMINAR
Constitutional problems raised by relations between church and state.
1610 – CIVIL CLINICS (SKILLS)
3 or 6 Credits
Placement in programs involving representation of clients or organizations under the supervision of a licensed attorney. Placements include, but are not limited to, the ONU Legal Clinic, litigation clinic, corporate clinic, bankruptcy clinic, environmental clinic, governmental clinic and others. May be taken for up to 6 credits.
1248 – CIVIL PRACTICE: AN INTRODUCTION (SKILLS)
The skills, comparative theories, and ethics of practicing law in a general, civil law office. Socialization of becoming a lawyer, client interviewing and counseling, dispute resolution systems, analysis of legal writing, file maintenance techniques, systematic case preparation and planning, pre-trial drafting (e.g., complaint, discovery, motions, affidavits, and journal entries), and negotiation. Prerequisite for placement in a civil program of Extern Clinic.
1015 – CIVIL PROCEDURE
The operation of the courts. The organization of state and federal courts and the relation between them; the methods by which these courts attempt to resolve civil disputes in accordance with controlling law and the extent to which a judicial decision is conclusive of subsequent disputes. Jurisdiction of courts over persons, property, and subject matter; the scope of litigation as to claims, defenses, and parties; preparation for trial through pleading, discovery and pretrial; trials and the related functions of judge and jury; appeals and the role of the appellate courts; the means of controlling frivolous litigation; and the finality of judgments and decrees; consideration of the process by which judicial decision-makers are selected; questions of professional responsibility and attorney decorum in civil litigation; and brief mention of alternative dispute resolution systems. Preparation of pleadings used in civil litigation. (Summer Only)
1011 – CIVIL PROCEDURE 1
The operation of the courts. The organization of state and federal courts and the relation between them; the methods by which these courts attempt to resolve civil disputes in accordance with controlling law and the extent to which a judicial decision is conclusive of subsequent disputes. Jurisdiction of courts over persons, property, and subject matter; the scope of litigation as to claims, defenses, and parties; preparation for trial through pleading, discovery and pretrial; trials and the related functions of judge and jury; appeals and the role of the appellate courts; the means of controlling frivolous litigation; and the finality of judgments and decrees, consideration of the process by which judicial decision-makers are selected; questions of professional responsibility and attorney decorum in civil litigation; and brief mention of alternative dispute resolution systems. Preparation of pleadings used in civil litigation.
1012 – CIVIL PROCEDURE 2
Continuation of LAW 1011.
1252 – CIVIL RIGHTS
Historical federal civil rights statutes, i.e., 42 U.S.C. Sections 1981, 1982, 1983 and 1985 (3); Eleventh Amendment and other judicial immunities; procedural aspects of civil rights litigation; illustrative modern civil rights statutes, i.e., Civil Rights Act of 1964 and Title IX of the Educational Amendments of 1972; attorney fees under the statutes and 42 U.S.C. Section 1988.
1254 – COMMERCIAL CODE: SECURED TRANSACTIONS
This course examines Article 9 of the Uniform Commercial Code and related provisions of federal law that relate to asset based financing. Students may not register for this course if they have received credit for Law 1260 - Commercial Law: Sales and Secured Transactions; or Law 1264 - Commercial Transactions.
1255 – COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS AND CHECK COLLECTIONS
This course examines Articles 3 and 4 of the Uniform Commercial Code and introduces students to the issues arising in negotiable instruments and check collections and returns. Students may not register for this course if they have received credit for law 1256, Commercial Law: Payments, or Law 1264, Commercial Transactions.
1256 – COMMERCIAL LAW: PAYMENTS
The law governing modern payment systems including negotiable instruments, check collections, electronic funds transfers and letters of credit. Article 3, 4, 4A, & 5 of the Uniform Commercial Code and related provisions of federal law. Students may not register for LAW 1256 if credit for LAW 1264 - Commercial Transactions has been received.
1260 – COMMERCIAL LAW: SALES & SECURED TRANSACTIONS
Articles 2, 2A and 9 of the Uniform Commercial Code. The legal issues arising in the sale and leasing of goods, the financing of personal property, and both consumer and commercial transactions. (Students may not register for LAW 1260 - Commercial Law: Sales and Secured Transactions if credit for LAW 1264 - Commercial Transactions has been received.)
1264 – COMMERCIAL TRANSACTIONS
The law of negotiable instruments and secured transactions as governed by Articles 3, 4 and 9 of the Uniform Commercial Code. The negotiability of commercial paper, the Holder in Due Course Doctrine, the creation and perfection of security interests in personal property, the priority of security interests and other liens, inventory and accounts receivable financing. Letters of credit, electronic funds transfer, and the relationship between Article 9 and the Federal Bankruptcy Code. (Students may not register for this course if either LAW 1256 - Commercial Law: Payments; or LAW 1260 - Commercial Law: Sales & Secured Transactions has been taken.)
1710 – COMPARATIVE ADMINISTRATIVE LAW
The role of administrative law in different states with an emphasis on how nations address common issues of the administrative state. Different approaches to the role of government agencies in both individual decision-making such as licensing and adjudication, and rulemaking or adoption of normative acts will be discussed. Topics will include the role of judicial review and legislative oversight of the bureaucracy, accountability of individual government officials, and rights of individuals within the bureaucracy.
1715 – COMPARATIVE CONSTITUTIONAL LAW
Analysis of critical common elements of constitutional regimes and their variations. Constitutions of the United States and European Union states will be reviewed along with newly drafted constitutions of central and Eastern Europe and Asia. Issues addressed will include basic structures of government, separation of functions, and guarantees of individual rights.
1720 – COMPETITIVENESS & CORRUPTION
The legal environment necessary for a market economy and the corrosive effect of corruption. Focus will be on how corruption undermines essential market regulating legal structures and methods of insulatingthemfromsuchcorruption.Topicswillincludeissuesinrestructuringexistinginstitutions and creating disincentives for corruption.
1268 – COMPLEX LITIGATION (SKILLS)
An examination of complex litigation structures such as class actions, multi-party joinder, multi- district litigation, large case discovery and emerging alternative dispute resolution techniques.
1276 – CONFLICT OF LAWS
The legal problems which arise when an occurrence or transaction cuts across state or national boundaries, including choice of law, jurisdiction, constitutional limitations, and recognition of foreign judgments.
1515 – CONSTITUTIONAL INTERPRETATION SEMINAR
This seminar examines leading arguments and perspectives about how the Constitution should be interpreted. Coverage includes sources for reading the Constitution such as text, history, structure, morality, and precedent, as well as liberal, conservative, feminist, critical race, and hermeneutic perspectives that interpreters bring to the document.
1280 – CONSTITUTIONAL LAW 1
The basic principles of judicial review and federalism under the U.S. Constitutional system; the role of the Court in Constitutional cases; the powers of the federal government; and the allocation of powers between state and federal governments.
1284 – CONSTITUTIONAL LAW 2
The constitutional limitations on governmental powers arising under the guarantees of individual rights in the Bill of Rights (with the exception of those Amendments which are directed primarily at rights of alleged criminals which are covered in Criminal Procedure), Rights of Free Speech and association under the First Amendment; and procedural and substantive Due Process (privacy, right to die, abortion, gay rights) and Equal Protection (class-based discrimination, such as race, gender.)
1285 – CONSTITUTIONAL LAW: ORIGINALISM IN FEDERALIST PAPERS
Component I: Originalism in Action
This component will cover both the theory and practice of originalism as a method of constitutional interpretation. The course has an opening segment on orginalism and its critics, and the proper role of judges in enforcing the original meaning of the Constitution. It then transitions to studying some originalist decisions and scholarship on particular issues, with an emphasis on how originalism is “best practiced” in a nonpartisan and non-ideological way.
Component II: The Federalist Papers
This component will focus on the relationship of the Federalist Papers and the Constitution, with particular emphasis on essays that explain the basic structure of separation of powers, federalism, and republicanism. The discuss will also connect particular essays with foundational Supreme Court cases that students read in their basic course on Constitutional Law, such as Marbury, Gibbons, Martin v. Hunter’s Lessee, and McCulloch.
1517 – CONSTITUTIONAL LAW: MASS MEDIA LAW SEMINAR
This course surveys the law of mass communications with references to print, radio, television, internet, and other forms of distribution. The subject matter addressed includes the First Amendment, defamation, invasion of privacy and the right of publicity, Federal Communications Commission regulation, advertising and commercial speech, fair use, news gathering, campus regulation of speech and conduct and other relevant subjects. Meets the seminar requirement for graduation and requires the preparation of a paper.
1518 – CONSTITUTIONAL ORIGINS SEMINAR
Development of constitutional doctrines prior to the drafting of the United States Constitution, focusing on the meaning and impact of various documents, including Magna Carta, the English Bill of Rights, and various colonial documents on the drafting of, and debates over, the United States Constitution and Bill of Rights.
1021 – CONTRACTS 1
The nature and history of contract law, the concept of “freedom of contract”, the intention to be legally bound, reaching an agreement, interpreting assent, written manifestations of assent, the doctrine of consideration, the doctrine of promissory estoppel, performance and breach, conditions, defenses to contractual obligation, remedies, and the relation between basic contracts concepts and Article 2 of the Uniform Commercial Code.
1022 – CONTRACTS 2
Continuation of LAW 1021.
1610.03 – CORPORATE TRANSACTIONAL CLINIC
3 / 6 Credits
The representation of non-profit organizations and local churches in corporate matters including incorporating, obtaining tax exempt status with the Internal Revenue Service and real property issues. Prerequisites: Obtaining Legal Intern Certificate from the Supreme Court of Ohio. Prerequisite or co-requisite: LAW 1236 - Business Organizations 1.
1630 – CRIMINAL CLINICS (SKILLS)
3 or 6 Credits
Placement in prosecution or public defender offices, involving the representation of the state or of criminal defendants under the supervision of a licensed practicing attorney. May be taken for up to 6 credits.
1052 – CRIMINAL LAW
The theories of crime and punishment, the manner in which crimes are defined and graded, the principles of criminal culpability including the mental element of crime and the requirement of an act; the exculpatory devices including defenses, excuses and justifications; and the parties to crime including aiders, abettors and conspirators.
1296 – CRIMINAL PRACTICE: AN INTRODUCTION (SKILLS)
Procedural and substantive law necessary for representation of the state or municipality in the prosecution of misdemeanors or in the defense of indigent persons charged with misdemeanors. Prerequisite for placement in a prosecutor or public defender program of extern clinic.
1297 – CRIMINAL PRACTICE: ADVANCED (SKILLS)
The pleading and practice of post-conviction criminal defense and prosecution. Sentencing, Federal Sentencing Guild lines, appeal and other post-conviction relief, including Federal Habeas Corpus. Criminal Practice: An introduction is not a prerequisite for this course.
1300 – CRIMINAL PROCEDURE
Constitutional issues involved in legal controls over police investigative procedures: unwarranted arrest and detention, unreasonable searches and seizures, self-incrimination, the right of the accused to a fair trial, the right to counsel, police interrogation, and the nature of due process.
1304 – DOMESTIC RELATIONS
The laws governing marriage, separation and divorce; marital contracts; custody of children, sup- port and property division on divorce; and adoption.
1306 – ELDER LAW
Provides an introduction to the legal issues associated with aging; such as health care under Medicare and Medicaid; advanced health care directives and planning; social security; and other public policy issues related to a growing elderly population.
1307 – ELECTRONIC DISCOVERY (SKILLS)
Offers an introduction to the legal and pratical issues related to electronic discovery and the use of electronic evidence in legal proceedings. Trains students in best practices compliant with the Federal Rules of Civil Procedure andprofessional standards. Affords credits meeting the skills requirement for graduation.
1308 – EMPLOYMENT DISCRIMINATION LAW
The various sources of law, mostly federal which prohibit discrimination in employment. Major emphasis on Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination on the basis of race, sex, religion and national origin. The Age Discrimination in Employment Act, and the Americans with Disabilities Act.
1310 – ENTERTAINMENT LAW
Organization and regulation of the film, television and music industries, copyright, and contractual protections, artist representation, rights of publicity and merchandising, censorship, globalization, diversity and cultural effects of the media.
1610.05 – ENVIRONMENTAL CLINIC
3 / 6 Credits
Under the supervision of licensed attorneys, placement with a non-profit environmental group in Ohio; engaging in research, drafting of pleadings and other activities pertaining to environmental law. Prerequisites: Obtaining Legal Intern Certificate from the Supreme Court of Ohio. Prerequisite or co-requisite: either LAW 1312 - Environmental Law or LAW 1525 - Environmental Law Seminar.
1312 – ENVIRONMENTAL LAW
Major federal laws relating to air and water pollution and hazardous waste management, command and control, market trading, and other forms of legal regulation in the environmental area.
1525 – ENVIRONMENTAL LAW SEMINAR
In-depth treatment of specified topics in environmental law. Natural resource protection, hazardous waste management, wildlife protection and environmental litigation.
1316 – ESTATE PLANNING (SKILLS)
An examination, from a family estate planning perspective, of legal principles critical to the development of an effective dispositive plan. The principles of state law relating to (a) wills, trusts, and other dispositive instruments, and (b) the creation and transfer of various property interests, and the principles of Federal tax law (under income tax, gift tax, estate tax, and GST tax statutes) pertinent to the development of a variety of estate plans. Requirement to draft dispositive instruments designed to resolve both common and unusual planning problems. Prerequisites: LAW 1320, 1440 and 1452.
1320 – ESTATES, WILLS & TRUSTS
The law of intestate and testate succession; formal requirements of wills, testamentary capacity, undue influence, fraud and mistake, holographic and nuncupative wills integration and incorporation by reference; revocation, republication, revival and amendment. The nature, creation, and elements of a trust; rights, liabilities and duties of settlor, trustee and beneficiary; creditors’ rights against trust property; modification and termination of a trust, charitable trusts; resulting and constructive trusts, and general fiduciary responsibilities and administrative problems.
1411 – EVALUATION AND PROOF OF PERSONAL INJURY DAMAGES (SKILLS)
An introduction to the evaluation and proof of personal injury damages in tort litigation. In addition to assigned readings and class discussions, students will perform a variety of tasks related to the evaluation and proof of damages in a simulated personal injury claim. Topics may include: the evaluation and proof of damages for past and future medical costs, past and future lost wages, disability, pain and suffering and emotional distress, loss of “care, comfort and companionship”, wrongful death, and punitive damages; the retention, preparation and examination of expert witnesses; the use of demonstrative evidence; effective closing arguments re damages; tactics for settlement negotiation; and the effect of legislative initiatives on the value of personal injury claims.
1324 – EVIDENCE
The basic rules of the exclusionary system of evidence which govern the proof of disputed propositions of fact in criminal and civil trials. The role of the judge and jury; relevance rules; hearsay rules and exceptions; the competency, examination and privileges of witnesses; expert witnesses; impeachment of witnesses; the right to confrontation in criminal cases; and the Federal Rules of Evidence.
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