University Catalog 2019-2020

Law Upperclass Electives (3) (3LAW)

Law Upperclass Electives (3) (3LAW)

3LAW 3100  Civil Law Persons  (3 Credit Hours)  

This course deals with Book I of the Civil Code, the Law of Persons, and its ancillary statutes. It will first examine the attributes that create the legal status of “person,” and certain legal institutions that govern and protect those who have that status. These include regimes the rights of absent persons whose deaths cannot be proven; marriage and its dissolution; the reciprocal rights and responsibilities arising from the parent-child relationship in both marital and non-marital families; and the protection of minors by means of tutorship and of other incompetents by means of interdiction.

3LAW 3110  Civil Lit:Strategy&Pract  (2 Credit Hours)  

This course will provide the student with a realistic understanding and appreciation of handling litigation matters in private or corporate practice and the type of work and situations they can expect to deal with on a daily basis.  The course will provide a practical application of how to take a lawsuit from the initial client contact through trial and appeal.  Students will discuss and prepare pleadings, including Complaints/Petitions, Discovery Requests and Responses, Motions, and Judgments, and will be provided with a practical understanding of what is expected of them by judges and how the rules of civil procedure are applied in the real world. The course will be taught by Robert L. Redfearn, Jr. a partner with Simon, Peragine, Smith & Redfearn, L.L.P. Because of the substantial overlap in content, students enrolled in Civil Litigation: Strategy & Practical Skills may not enroll in the Pre-trial Civil Litigation Winter Intersession.

3LAW 3130  Coml Law-Civil Sec Rghts  (3 Credit Hours)  

This is a course in credit transactions under the civil law of Louisiana. Topics include suretyship and secured transactions as to movables and immovables. Article 9 of the Louisiana version of the Uniform Commercial Code is considered, together with mortgages on immovables, and codal and statutory privileges. Problems of ranking or priorities are studied.

3LAW 3140  Climate Change Seminar  (3 Credit Hours)  

This seminar will focus on contemporary issues associated with climate change law, including international ramifications, domestic actions, litigation strategies, and the legal tools available to address the multiplicity of topics related to climate change. Students will be expected to complete background reading independently and then take turns leading the class in critical analyses of climate change scholarship. There will be a collaborative element to this seminar, with a focus on helping each other with topic and paper development and review. Each student will have an opportunity to explore areas of specific interest with the completion of one substantial written legal analysis and presentation to the class.

3LAW 3200  Contract Drafting  (2,3 Credit Hours)  

This course introduces students to the principles, processes and techniques for drafting business contracts. Students will learn how transactional lawyers translate a business deal into contract provisions. Students will draft commercial agreements with a focus on managing risk, minimizing ambiguity, drafting with clarity, using contemporary commercial drafting techniques, and solving problems through effective drafting. Students will also learn to read, review and analyze contracts with an eye toward both legal and business risk issues. The course is presented through a combination of lecture, drafting and editing assignments, and in-class exercises. Students draft sample contract provisions, draft contracts from scratch, analyze term sheets, and review and revise contracts. Grades will be based upon drafting and editing assignments, participation in in-class exercises, and good faith completion of ungraded assignments.

3LAW 3210  Coml Law-Secured Trans  (3 Credit Hours)  

This course deals in depth with the creation and perfection of security interests in personal property, priority of claims, and remedies upon debtors’ default under Article 9 of the Uniform Commercial Code. In addition to full coverage of Article 9, the potential risks of the secured creditor under the Federal Bankruptcy Code are considered. Substantial consideration is given to the policies and commercial equities which underlie doctrine in this area of law.

3LAW 3280  Com'L Law-Bankruptcy I  (3 Credit Hours)  

After a brief study of individual debt collection under state law, this course will focus on federal bankruptcy law. It will provide an overview of fundamental aspects of consumer and business bankruptcy law and practice. It will also explore a number of current and ongoing policy debates related to bankruptcy law. Thus, the course should be of interest to students who expect to be involved in the practice of bankruptcy law as well as any students who wish to explore broader themes related to economics, financial markets, politics, legislative process, and public policy.

3LAW 3350  Common Law Trusts & Ests  (3 Credit Hours)  

This course examines the law governing the transmission of property at the owner’s death. Topics emphasized are intestate succession; the substantive and formal requirements for the validity of wills; interpretation of wills; the creation of private trusts; the nature of the beneficiary’s interest in a trust.

3LAW 3370  Comparative Law in Action  (2,3 Credit Hours)  

This course highlights the fact that large areas of national law are influenced (and sometimes even driven) by developments outside our country’s borders, and that ‘local’ legal practice will often require lawyers to engage with foreign and/or international law – or to apply comparative legal techniques – in their daily work. The focus is very much on the practical application of foreign/comparative/international law in areas such as contract law, torts, constitutional law, human rights protection, public international law, environmental law, development, employment law, criminal law, or economic regulation. The course is based on a background hypothetical involving a U.S. company which seeks to expand its operations – both in terms of production, distribution and administration – to various foreign markets across the globe and/or import to and sell foreign goods in the U.S. Week by week, different legal questions and difficulties arise. These will touch on, e.g., contractual issues, products liability, employment law, environmental regulation, taxation, health and safety (consumer protection), or conflicts of law. International treaties such as TRIPS might also come into play. In one of the two weekly classes the instructor will set out the (new) facts and discuss the core aspects of the relevant area of law. Students will then be asked to research the issues raised in the hypothetical (individually or in groups) and to present in the second weekly meeting their substantive findings as well as any practical difficulties they encountered in the course of their work (language barriers, access to foreign legal materials, or possible non-legal trade-offs between the advantages and problems that foreign jurisdictions might offer or pose in a particular field). The assignment will always require the production of a concise legal memorandum that sets out the issues and possible solutions, and suggests a way forward for the client company. Students should expect a few surprises (such as sudden changes of the situation 24 hours prior to the deadline for completion of the memorandum) and be prepared to present their work in a professional format (both orally and in writing). Successful completion of the course will require submission of the entire portfolio of assignments. Assessment is based on a three-hour final exam. The course will start off with an introduction to comparative methodology, research methods, and an explanation of the background hypothetical, cover 5 distinct problems in selected areas of the law, and close with a final debriefing/review. Students will receive a course package with selected texts about comparative methodology and, in preparation for each problem, substantive background reading that covers the relevant legal topic. The weekly handouts that set out the (developing) narrative of the hypothetical and research assignments may contain additional specific materials such as model contracts, newspaper clippings, or traditional references to cases, statutes, international treaties and legal articles or book chapters.

3LAW 3380  Community Property  (2 Credit Hours)  

This course is a comparative study of marital property regimes that involve the distinction between the separate and community property of spouses. The course examines the law of the eight community property states and Wisconsin, which has a version of community property based on the Uniform Marital Property Act. Special attention will be given to Louisiana law.

3LAW 3400  Conflict of Laws  (3 Credit Hours)  

This course explores how courts in the United States determine the governing rules and doctrines in cases that implicate the laws of more than one jurisdiction. Students will learn the various approaches courts take to resolving conflicts of law when they arise, including the historical and theoretical foundations for those approaches.

3LAW 3450   Family Law: Civil & Common  (3 Credit Hours)  

This course is a study of the formation, rights and obligations in formal and informal family relationships, and the breakdown of marriage and its incidents such as nullity of marriage, divorce, division of property, support, and custody. The course will treat the family law of both the civil law and common law jurisdictions of the United States.

3LAW 3460  Employment Law  (2,3 Credit Hours)  

The employment relationship serves an important role in structuring the lives of most adults in the United States. Employment provides wages, and often, a slew of benefits including health care and retirement pensions. It also provides a sense of stability and routine, and can even serve as the foundation of our identities. Legal disputes about the employment relationship occupy a significant segment of the legal market and consume a significant proportion of legal resources. This course offers students an overview of the important legal issues that are raised in the context of the employment relationship. It examines the law governing the employment relationship, including the establishment and termination of that relationship. The course will discuss employment issues, such as contractual employment agreements, wrongful discharge, regulation of wage and hour laws (FLSA), leave (e.g., FMLA), safety (OSHA and workers comp), unemployment insurance, privacy and freedom of speech, intellectual property issues (such as R&D ownership, trade secrets and noncompetition clauses), the developing concept of unjust discharge, and regulations providing protection of retirement benefits. Throughout the course, students will be able to deepen their study of contract law, torts, and statutory and regulatory processes through the context of the law of the work. The course does not cover either Employment Discrimination or Labor Law, both of which are offered as separate courses.

3LAW 3490  E-Discovery  (2,3 Credit Hours)  

Modern discovery increasingly concerns the production and retrieval of information that is electronically stored in computer systems, email, text messages, social media, cloud applications, and varying other methods. This course will focus on the new issues, rules, and practices involving the application of e-discovery, digital evidence, and computer forensics. It will explore not only the application of the federal rules of civil procedure and evidence to electronic discovery but also the appropriate handling and treatment of electronically stored information in the litigation process. The course is taught by the Hon. Karen Wells Roby, Chief Magistrate Judge, U.S. District Court for the Eastern District of Louisiana, and Lynn M. Luker, Of Counsel at Stanley, Reuter, Ross, Thornton & Alford.

3LAW 3500  Federal Courts  (3 Credit Hours)  

Federal courts occupy a strategic place at the crossroads of the foundational constitutional principles of separation of powers, federalism, and individual rights. This course examines the constitutional and statutory power of federal courts from that vantage point. Topics planned for the course include case-or- controversy and justiciability limitations on the federal judicial power (with an emphasis on standing doctrine), congressional power to control the jurisdiction of the Supreme Court and lower federal courts, the role of state courts in the enforcement of federal rights, state sovereign immunity under the Eleventh Amendment, and abstention doctrine.

3LAW 3510  Federal Prac&Proc:Appeal  (2 Credit Hours)  

This course covers the Federal Rules of Appellate Procedure and their application in litigation before the federal courts. Substantive topics may include, but are not limited to: post-trial motions preparatory to appeal, perfecting an appeal, standards of review, drafting of briefs, presentation of oral argument, and post-argument petitions. The course includes an experiential learning component of writing a brief and presenting oral argument. The course will be taught by Deborah Pearce-Reggio, a 1993 graduate of Tulane Law School. Final grades will be based on the brief and oral argument, with potential extra points to be earned through small written/oral exercises relevant to appeals. Professor Pearce plans to invoke a rule penalizing students for lack of preparation and/or excessive absenteeism. Students who have taken Advanced Appellate Advocacy may not register for this class.

3LAW 3520  Gov't Contract Law in 21st Cen  (2,3 Credit Hours)  

This is a two-hour weekly class survey course in lecture and/or seminar format of the many issues involved in federal contract law, not contract law in general. Federal procurements boast of a multi-hundred billion $ marketplace annually. State run procurements often are modeled after the federal sector and add to this value. Bid protests, contract changes, special clauses in the Federal Acquisition Regulation, False Claim Act, contract terminations, and claims are covered. Class attendance and participation (10%) are required. Normally, a take-home exam option is used for final grading (90%). Tulane and Loyola students are invited to register. Course site this semester to be announced.

3LAW 3560  Gift & Estate Tax Planning  (2,3 Credit Hours)  

The course focuses on techniques for the transmission of wealth to a person’s successors with emphasis on methods of minimizing federal estate, gift, and generation-skipping taxes under the Internal Revenue Code. Appropriate consideration is also given to the federal income tax consequences of wealth transfer transactions. Both inter vivos and testamentary planning techniques are covered, as is the use of trusts to meet estate-planning objectives. Other topics include the valuation of property included in the transfer tax base, transfers to minors, life insurance planning, planning for jointly-held property and community property, charitable gifts and bequests, retirement benefits planning, and deductions (particularly the marital deduction) from transfer taxes. The basic course in income tax is not required, but is a desirable preparation. The course is taught by Kenneth Weiss, a board certified specialist in both taxation and estate planning.

3LAW 3640  Louisiana Civil Procedur  (2,3 Credit Hours)  

The objective of this course is to provide a basic and practical knowledge of the Louisiana Code of Civil Procedure necessary to successfully pass the Louisiana Civil Procedure section of the Louisiana State Bar Exam, as well as to draft pleadings and litigate in Louisiana state trial and appellate courts. This course will emphasize practical skills training, in conjunction with theory, and when possible use examples of pleadings, memoranda, briefs and jurisprudential authorities that focus on Louisiana Civil Procedure Law. When practical, students will be exposed to the application of certain provisions of the Code through experiential learning, by viewing one or two rule days at Civil District Court for the Parish of Orleans. Upon completion of this course, students will have a thorough working knowledge of Louisiana Civil Procedure, as well as be trained to handle all aspects of civil litigation.

3LAW 3660  Legal Writing for Lay Audience  (2,3 Credit Hours)  

Lawyers routinely communicate with audiences who are not trained in law, including clients and prospective clients and other target audiences through public advocacy, media commentary, and marketing. This rigorous writing course will introduce students to the fundamentals of effective, accessible writing about legal topics for such audiences (writing that can also ultimately help better legal memoranda and briefs). Students will research, write, and share both short and longer essays and other written work on legal topics geared mostly toward a general audience; students will also learn to present such work to prospective clients in client presentations and broadcast interviews. By the end of the seminar, each student will produce a long-form magazine article about a law-related subject ready to submit to a bar magazine in the jurisdiction of his or her choice. This seminar does not qualify for the upper-level writing requirement.

3LAW 3680  Solo Practice  (2 Credit Hours)  

Solo and small firm practice is the most common organizational form in the legal profession today. This course will focus on the essential elements of forming and operating a small firm or solo law practice. Although many of the topics covered in this course could be translated into law practice skills in general, the course will give particular emphasis to those issues that are frequently encountered by solo and small firm practitioners, including setting up a law practice; developing business; hiring, managing, and effectively using support staff; financial planning, billing, and fee management; issues of ethics and professionalism; leveling the playing field through practice skills and management; and many others. Students will be graded on a P/C/F basis and will be assessed on quality of their involvement and participation in both individual and group exercises. Students will also be evaluated on the quality of their critiques of fellow students’ performance. There will not be a final exam in this course. Attendance and participation are require. The course is primarily geared toward 3L students who will be given preference. 2L students may be accepted, with permission of the professor, provided they have taken or are enrolled in legal ethics.

3LAW 3690  Successions Donations Trusts  (4 Credit Hours)  

A course in the Louisiana civil law governing the transfer of property by inheritance, testament or gift during life. Topics include rules of inheritance, rights of surviving spouses, acceptance and administration of successions; collation and partition; the making of wills, kinds of legacies, and forced heirship limitations on gratuitous dispositions. The course also considers the Louisiana Trust Code’s provisions concerning the creation, modification, and termination of trusts; limitations on dispositive provisions; and the powers and responsibilities of trustees.

3LAW 3770  Oil and Gas  (2,3 Credit Hours)  

This course covers the law relating to oil and gas exploration, development, and production. The class will largely focus on issues related to oil and gas leases but will also cover the nature and classification of other mineral rights and related issues. The course will include common law doctrines as well as certain Louisiana law concepts. The course will be taught by Aimee Hebert, a partner in the law firm Kelly, Hart & Pitre.

3LAW 3780  Oil & Gas, International  (2 Credit Hours)  

The course will review the basics of international oil and gas business transactions including the areas of exploration, development and transportation. The objective is to introduce the student to this complex and specialized area of legal practice in order that he or she will gain an understanding of the main legal issues involved in international oil and gas transactions through a historic and comparative law approach. Many factors are considered when drafting oil and gas laws or entering into international oil and gas transactions, including but not limited to economic, social, political and environmental impacts. This course will review the history of the oil and gas industry as an instrument to identify the main issues involved, the key players, the contractual models, the industry developments and the impacts of local legislation. Among others the following topics will be discussed: energy sources; sovereignty and ownership of natural resources; oil and gas, power and politics; dependence and national security; and key industry players such as multinational oil and gas companies, national oil companies, and OPEC. Additionally, we will explore the main characteristics of oil and gas laws in selected countries and the basic agreements used in the international oil and gas business. Other key issues to be analyzed by the international oil and gas practitioner include environmental, labor, foreign investment, currency exchange, and human rights concerns, to name a few. Finally, the course will include the analysis of specific selected contracts.

3LAW 3810  Adv Legal Profession Seminar  (2,3 Credit Hours)  

This course will explore the role of lawyers' ethics in the American legal system and the conceptual models that currently frame the ethical rules and regulate lawyer behavior. It also will explore those areas in which ethical regulation deviates from practice, and further examine the larger structural, social, and economic issues of the U.S. legal profession, including law firms, solo practice, and the role of general counsel. Materials will be largely empirical, sociological, and conceptual rather than practice-oriented, unlike related courses on advocacy ethics. The grade will be based principally on a non-anonymous paper and, to a lesser extent, on several smaller assignments. Some lesser aspects of the grading will also involve teamwork. The seminar is an intensive writing and editing experience which will result in a published book of student work. Professor Childress plans to invoke a rule penalizing students for failure to be prepared and/or excessive absenteeism. Students who take this class may not have taken, or co-enroll in the Professional Responsibility Seminar.

3LAW 3840  Remedies  (3 Credit Hours)  

Recognizing a right tells us very little about how its violation might best be remedied by a court. A single wrong might conceivably be redressed in many ways; by compensatory damages, punitive damages, preventive and reparative injunctions, restitution, declaratory judgment, specific performance, or some combination. The law of remedies concerns the choice among these alternative means for restoring an injured party to her "rightful" position, without unduly harming others in the effort. This body of law displays with particular clarity, and so will be studied as to reveal, both the potentialities and the limits of the legal imagination in redressing complex wrongs to individuals and social groups. Cases will be drawn from tort, contract, and civil rights law.

3LAW 3860  Rights of Nature Seminar  (2,3 Credit Hours)  

This seminar explores the boundaries of an emerging concept in environmental law, the rights of nature, not based on human protection, use or enjoyment but rather rights recognized in nature itself.  It explores the evolution of existing norms for species protection, for example, based on moral and philosophical grounds, some based on other cultures and even civilizations, and the appearance more recently of constitutional provisions and community-based initiatives around the world according these rights more broadly.  It is, thus, both very old, and very new.  One challenge of the course will be to explore what these rights, as a practical matter, mean, and what they might mean.  Grading will be based on class discussion, research and a final paper.  Priority will be given to students who have taken Natural Resources, Pollution Control or at least one other related environmental law course.

3LAW 3920  Tax - Adv Corporate Tax  (2,3 Credit Hours)  

The course will use a transactional approach to examine the corporate tax law issues associated with business operations and acquisitions. Major topics include spin-offs, taxable acquisitions, reorganizations, consolidated returns, tax attributes, contributions, distributions, redemptions, and liquidations. Some partnership, international, and tax procedure issues will also be discussed. There will be assigned readings for each class (generally cases, rulings, articles, and brief passages from the treatises). Class will consist of a short lecture followed by a discussion of problems. Students will be evaluated on the basis of class participation (in the form of a half-page to full-page memorandum on an assigned issue with a brief oral explanation to the class), two short writing assignments, and a final writing assignment. This course will be taught by Joseph Henderson, Senior Vice President and General Tax Counsel, Entergy Corporation.

3LAW 3960  Taxation of Business Entities  (3 Credit Hours)  

The course covers federal income taxation of C corporations, S corporations, partnerships, and limited liability companies (“LLCs”) and the holders of ownership interests in such entities, including the federal income tax consequences of operations; contributions of capital to the entity; distributions by the entity; and acquisitions, dispositions, and rearrangements of the entity. The course also will address choice of entity considerations under the new tax law. Prerequisite or Co-requisite:  Federal Income Taxation.