4LAW 4010 Deposition Pract. & Procedure (2 Credit Hours)
This is a skills course focused on depositions. While the course centers on basic and advanced skills in preparing for, taking, and defending depositions, its focus is broader. It begins by placing depositions in the context of formal pretrial discovery, and ends with the use of depositions in pretrial motions, negotiation and at trial. Skills exercises will include both oral and written advocacy skills relevant to this important portion of civil litigation. While most civil cases filed in federal or state court are resolved before final adjudication, all practicing attorneys will have to take depositions in order to learn what evidence they must meet at trial, or alternatively use case evaluation for settlement negotiations or mediation. The information obtained in a deposition will allow an attorney to intelligently evaluate the case and competently advise their clients. The course begins with the role of depositions in the larger discovery process, preparation, developing a theme, and the mechanics of the deposition process and procedure, including questioning techniques. More advanced topics will include the expert deposition, use of expert depositions to make effective Daubert challenges, taking and defending corporate depositions, and the use of depositions in pretrial practice including Daubert challenges and summary judgment motions.
4LAW 4020 Accounting & Auditing (2 Credit Hours)
This course is intended to convey an understanding of the process by which accountants prepare financial statements, and the nature and limitations of financial statements for various uses. The meaning and significance of the independent audit function are explored, as well as distinctive accounting meanings of key terms used in the law, and the auditor’s liability to third parties other than clients. The course is intended for law students who have not previously studied accounting. It is offered every other year. This course is taught by Raechelle Munna, who formerly worked in the corporate & securities group at the law firm of Jones Walker L.L.P. and currently serves as in-house counsel at Entergy.
4LAW 4040 Advanced Persuasive Writing (2,3 Credit Hours)
This course combines theory and practicality to cover advanced strategies in persuasive writing and build upon the instruction provided in Legal Research and Writing. The theoretical aspect of the course will focus on principles of persuasion drawn from several disciplines, such as classical rhetoric, cognitive psychology, linguistics, and literary theory. Topics studied may include the rhetorical foundations of legal persuasion and credibility; the role of stock structures, visual imagery, and literary or cultural allusions in legal analysis and argument; leveraging storytelling and narrative coherence; and using document design and other visual techniques persuasively. The practical aspect of the course will involve the application of the covered principles to litigation-oriented documents. Students will analyze the persuasiveness of various examples of attorney communications, such as briefs, letters, and judicial opinions, and create their own versions of these documents that incorporate the principles we discuss. Thus, students will learn a number of strategies and techniques, and practice implementing them, to become more persuasive writers. The course will involve a combination of lecture, discussion, in-class exercises and workshops, and individual student-teacher conferences outside of class. Grades will be based on several writing and editing assignments of various length, as well as students’ participation in class discussions and fulfillment of course requirements. There will be no final exam.
4LAW 4050 Corp Compliance Risk Managmnt (2,3 Credit Hours)
This course addresses issues of significant and growing importance in the areas of corporate governance, compliance and risk management. The course will principally focus on the business corporation, but we will consider the perspectives and concerns of attorneys, regulators, other relevant stakeholders who may influence governance, compliance or risk management. For the purposes of the course, governance refers to the process by which decisions relative to risk management and compliance are made within an organization. Risk management refers to the process by which risk is identified, analyzed, included in strategic planning, and either reduced through risk mitigation tactics or accepted as inherent in activities that the organization wishes to conduct. Compliance refers to the processes by which an organization policies its own behavior to ensure that it conforms to applicable rules and regulations. The law of governance, risk management, and compliance is the body of rules, regulations, and best practices that, individually and collectively, are intended to ensure that organizations are managed effectively and in such a way as to enhance social welfare. This course explores topics of growing importance that arise at the intersection of governance, risk management and compliance and technology. Specifically, this course offers an introduction to the use of blockchain platforms in finance and health care. Questions emerge regarding the governance structure of blockchain, the use of blockchain technology to address privacy concerns, the ability of blockchain systems to replace transfer and storage systems in the public and private sector. This seminar may be taken to satisfy the upper-class writing requirement. Business Enterprises is a prerequisite.
4LAW 4060 Administrative Law (3 Credit Hours)
The course explores the history, present status and nature of administrative agencies. The main emphasis is placed on administrative procedure, contrasting it with the judicial process, as well as constitutional limits on administrative action and the due process rights of persons who are adversely affected by agency action. Topics covered include: delegation of powers, the law of judicial review of agency actions, and procedural requirements of administrative rulemaking and adjudication. (3 credits)
4LAW 4070 Art/Culture Law (2,3 Credit Hours)
This course will look at all of the main issues surrounding art, cultural heritage, and current contemporary user-generated culture. We will look at Holocaust-era related art crimes; the life of the artist and legal issues; museums, dealers, and collectors; First Amendment issues related to art; moral rights; indigenous cultures and cultural preservation; who owns the past within an international context; and the creation of user-generated culture in our current Internet world. This class focuses on visual arts, but in many cases applies to all cultural works, particularly in our multi-media world. The seminar will produce a collection of essays that will be published as a book, (Il)Legal Art: A Handbook. Students will each write a chapter for the book. Because of the nature of the course, students must be good a deadlines and working with others. We will potentially be working with local artists as part of the experience. Students will be graded on their paper, but also should make a commitment to make revisions to their post-graded paper as part of the book as we get further in the process of publication, even if this occurs after graduation. This may be up to a year or more in the future. While this latter time commitment is not great, it still is an integral part of the experience. IP Survey is a required pre-requisite. If you have not taken IP Survey, but feel that you have other qualifications that might benefit the class, please indicate this on your seminar application. This seminar may be taken to satisfy the upper-class writing requirement.
4LAW 4080 Advanced Appellate Advocacy (2 Credit Hours)
The course is designed to further develop the skills learned in Legal Research and Writing and to provide 2Ls and 3Ls with the opportunity to draft an appellate brief and present an oral argument. The course focuses on appellate theory, standard of review, advanced appellate brief writing, and the art of appellate oral argument. Students will be assigned to act as either Appellants or Appellees and will write a brief from a shortened record. While focusing on the Federal Rules of Appellate Procedure, the course will also survey certain differences in Louisiana state appellate practice. Students will also prepare, practice and deliver a full oral argument. Because of the experiential nature of this class, enrollment will be limited to twenty students.
4LAW 4120 Complex Litigation (2,3 Credit Hours)
This is an advanced civil procedure course focusing on a number of important aspects of civil procedure which are only superficially considered in the first year. It is useful for anyone interested in litigation or practice involving multi-party transactions such as antitrust, securities, product liability, mass torts, consumer litigation and employment rights. The procedures considered include: joinder of parties and structure of law suits in complicated multi-party suits; duplicative litigation and use of stay orders, injunctions, consolidation, and transfer to the Multi District Panel; res judicata; class actions; discovery and trial in complex cases; settlement, and attorneys’ fees.
4LAW 4160 Con Crim Pro:Adjudication (2,3 Credit Hours)
The course will examine constitutional procedural and litigation issues from the commencement of a criminal case through conviction (or acquittal), appeal, and post-conviction relief options. Students will be asked to think critically about the goals of criminal procedure and about whether our legal system effectively serves those goals. The course primarily addresses Sixth Amendment issues.
4LAW 4200 Animal Law (2,3 Credit Hours)
This survey course will provide an overview of the evolution of animal law and the breadth of issues encompassed by this rapidly developing field of law. At the same time, the course will afford the opportunity for in-depth deliberation of the salient issues in current animal law litigation, including in Louisiana. Because animal law necessarily implicates virtually every field of law, including constitutional law, property law, criminal law, and torts, students must develop and apply their knowledge of these other fields in class discussions. Students will also be expected to understand and apply basic principles of administrative law introduced in the course.
4LAW 4270 Business Planning (2,3 Credit Hours)
What do transactional lawyers do and how do they do it? The course focuses on the lawyer’s role as an advisor to a privately-owned start-up company and its owners. We will explore how legal issues and business objectives overlap, the role played by the transactional lawyer in the transaction and soft skills such as client relations/communications and co-worker relationships. This course will examine the life cycle of a hypothetical company, focusing on sample transactions from three major stages of the company’s life cycle: choice of entity, formation and obtaining capital; ongoing operations; and exiting or sale of the company. Much of the class work will involve working in teams simulating an actual transactional practice. Using hypothetical business scenarios and actual deal documents, students will represent the company, its owners, or third parties and will analyze, structure and negotiate selected deal components, and, on a limited basis, draft portions of the relevant deal documents. This capstone course is designed to broaden the student’s knowledge in a number of substantive areas, help students learn to focus on a client’s business objectives rather than just addressing legal issues, and to begin the process of bridging the gap between law school and practice. The course will be taught by John Herbert, outside general counsel of a Houston-based energy company and formerly a division general counsel of a Fortune 30 energy corporation. Business Enterprises is a prerequisite. Grades will be based on periodic written team and individual exercises, a personal journal, and a final written project. There will be no final exam.
4LAW 4280 Antitrust (3 Credit Hours)
This course will examine the basic antitrust statutes, Sections 1 and 2 of the Sherman Act, Sections 3 and 7 of the Clayton Act, Section 5 of the Federal Trade Commission Act, and the Robinson Patman Act. The course will focus on the objectives of antitrust law, the concepts of market power and market definition, monopolization, horizontal and vertical restraints, mergers, the use of the per se rule and the rule of reason, price discrimination, and commercial bribery. Professor Feldman plans to invoke a rule penalizing students for lack of preparation and/or excessive absenteeism. Note: Antitrust may not be offered during the 2019-2020 academic year.
4LAW 4310 Bioethics (2,3 Credit Hours)
Bioethics is the multidisciplinary study of ethical and legal issues that emerge with advancements in medicine. Students will learn about bioethics from a historical perspective as well as its application today. The course will address concepts including patient rights, maternal-fetal conflict, right to life, right to die, and control and regulation of medical resources. The course will teach students to recognize and analyze conflicts which arise between medical professionals, patients, the government and private business interests, according to accepted bioethical frameworks. The course is taught by Kathy Rito, Esq., an attorney at The Middleberg Group.
4LAW 4360 Civil Law Seminar (1-3 Credit Hours)
This Seminar covers selected civil law institutions with emphasis on the laws of property, obligations, community property, and successions. It also covers the subjects of civilian methodology, techniques of codification, and the modern history of the civil law. The Seminar is designed to sum up student experience in the civilian tradition. Louisiana law is studied in comparison with the common law of sister states and the laws of European countries. Doctrinal study is applied to the resolution of legal issues in contemporary practice. There is no final examination. Students are graded in light of class participation and their ability to produce an original research paper on a civil law topic. Students are required to have taken at least one civil law course (e.g., Property, Obligations I or II).
4LAW 4380 Civil Law Torts:Selected Issue (2,3 Credit Hours)
This course will focus primarily on Louisiana's unique tort law, utilizing the Louisiana Civil Code, current Louisiana cases and statutes. Some of these concepts will be compared to common law torts. Subjects likely to be covered during the semester are duty-risk, intentional torts, damages, defenses, wrongful death, contribution and indemnification, vicarious liability, absolute liability, strict liability, products liability, liability of owners/lessors and occupiers of land, and professional malpractice (medical and legal) and prescription. (2 Credits)
4LAW 4410 Contemp Issues in Legal Ethics (2,3 Credit Hours)
This course is designed around the fundamental premise that the subject of professional responsibility and its intersection with an individual’s personal moral and ethical code is the single most relevant consideration to a future career as a member of the bar. The course will explore ethical problems and dilemmas that modern lawyers face from day one of practice. It is critical that lawyers be alert to spotting these issues when they arise and be educated in the methods of resolving them and prepared to handle them. Rather than a straightforward discussion of the Model Rules, the course will be an in-depth examination of contemporary issues that affect modern legal practice, including the development of a professional identity in an adversarial system, ethical issues in alternative dispute resolution, the use (and misuse and failure to use) social media and other technology, and the ethical implications of innovation in the law. The course will be co-taught by the Hon. Scott Crichton, Associate Justice of the Supreme Court of Louisiana; James Garner, a co-managing member of Sher Garner Cahill Richter Klein & Hilbert, L.L.C.; and Sarah Rubin Cohen. This course is limited to third year students. This course does not satisfy the Legal Profession requirement, and Legal Profession is a prerequisite for this course. This course is not eligible to satisfy the upper-class writing requirement.
4LAW 4450 Com'L Law-Adv Bankruptcy (2,3 Credit Hours)
Through a lens examining the philosophy, principles, and policies underlying business reorganizations, this course will provide a practical look at the path a financially distressed enterprise can take, from filing to confirmation of a plan of reorganization under chapter 11, conversion to chapter 7, or dismissal. The following topics, among others, will be covered: good-faith filing and venue; retention and compensation of professionals; the extent of the court’s equitable powers; use, sale, and lease of the debtor’s property; successor liability; post-petition financing; the absolute priority rule; involuntary imposition of a reorganization upon creditors and shareholders; claims allowance; and the role of debtors, professionals, creditors, officers, directors, and trustees in the context of corporate restructuring. Grades will be basis on draft pleadings and mock arguments for hypothetical clients at each stage.
4LAW 4460 Env'L Law:Comparative (3 Credit Hours)
'This course treats the rising phenomenon of environmental law around the world, not through international accords (the subject of other courses) but through national approaches to common issues including: impact assessment, judicial review, land use, toxins and wildlife species. The class will be graded on the basis of student participation (including TWEN), and on selected research projects leading to discussions and papers at the end of the course. Introductory in nature, prior or concurrent classes in the field are useful but not required. (3 Credits)
4LAW 4540 Compar Constitutionl Law (2,3 Credit Hours)
This course provides a comparative survey of influential contemporary constitutions including those of the United Kingdom, France, Germany, and South Africa. Following an introduction to comparative methodology and the functions of comparative law, especially in the legislative and judicial spheres, the class focuses on a shortlist of specific topics. These include the legislative process, bicameralism, the separation of powers, electoral systems, federalism, judicial review, and the protection of human rights. The concept of transnational constitutionalism, the potential and pitfalls of constitutional legal transplants, and the drafting of new constitutions in post-conflict societies such as Iraq, Tunisia or Kenya will also be considered. Students are invited to engage with foreign approaches to these issues through the lens of US case law and constitutional doctrine. The course will be based on a study pack of selected legal materials from the systems under review. Knowledge of foreign languages is not required.
4LAW 4550 Con Law:14th Amendment (3 Credit Hours)
This course is designed to cover issues of individual rights under the Fourteenth Amendment that are given only brief treatment in the introductory first-year course. Subjects include equal protection, substantive due process, state action, and Congress’s power to enforce the Fourteenth Amendment’s guarantees.
4LAW 4590 Constitutional Law Sem (2,3 Credit Hours)
Decisions of the Supreme Court such as Brown v. Board of Education and Roe v. Wade have inspired extensive debate among academic scholars as to the role of the Supreme Court in our system of government and the proper way to interpret the Constitution. This seminar will provide an in-depth examination of the most important issues in constitutional theory. The main topics to be addressed will be the idea of constitutionalism in the U.S., the justification of judicial review in a representative democracy, and the various theories of constitutional interpretation proposed by scholars. The readings for the course will be extensive, and will represent the wide diversity of opinion present in contemporary theoretical debates.
4LAW 4630 Consumer Financial Services (2,3 Credit Hours)
This course examines the federal and state laws and regulations governing consumer financial services and the entities offering those financial products. The course will cover common law approaches to consumer financial protection but will focus heavily on federal and state consumer protection statutes, including the Fair Credit Re-porting Act, the Truth in Lending Act, the Fair Debt Collection Practices, the Telephone Consumer Protection Act, and the Dodd-Frank Consumer Protection Act.
4LAW 4690 Constitution & Religion (2,3 Credit Hours)
The substantive focus of this course will be the history, theory, and doctrine of the Establishment Clause and Free Exercise Clause of the First Amendment. Additional topics may include the religious dimension of American constitutionalism, the concept of American Civil Religion, the relationship between religion and politics, and similar subjects. The grade will be based on the student‘s research paper, the student‘s oral presentation of his or her research project to the seminar, and the student‘s overall contribution to the work of the seminar.
4LAW 4700 Copyright Law (0-3 Credit Hours)
This course will take an in-depth look at copyright law. Building upon the IP Survey, which is a prerequisite, the course will focus on the advanced and contemporary topics in copyright law, both in a domestic and international context.
4LAW 4710 Copyright+Trademark Prac (2,3 Credit Hours)
The copyright and trademark course will cover the key advanced topics in copyright and trademark law. Although the class will contain a final exam, it will also be research intensive and students will be assessed, in part, on their ability to work collaboratively on writing and to undertake domestic and international research. IP Survey required.
4LAW 4740 Corporate Finance (3 Credit Hours)
This course provides both an introduction to financial economics – e.g., how companies are valued, how investment decisions are made – and advanced coverage of corporation and contract law related to the financing of modern business enterprises. The course will survey the rights and protections that exist for financial stakeholders in the corporate enterprise, including debtholders, preferred shareholders, holders of warrants and rights. Business Enterprises is a pre-requisite or permission of instructor required. Mergers & Acquisitions is also highly recommended.
4LAW 4770 Corporate Practice, Adv (2,3 Credit Hours)
This course will emphasize the practical aspects of advising the public corporation’s board of directors in the deal making context of takeovers, proxy contests, shareholder activism, and mergers and acquisitions. The course will introduce students to the laws, theories, and corporate governance systems that underpin the board’s decision-making process, as well as the roles and perspectives of other players, including corporate officers, investors, investment bankers, and regulators. Each topic will be addressed in a policy class taught by faculty and a practice class led by distinguished legal practitioners. Grades will be based on attendance, biweekly written analyses of a hypothetical transaction, and a final reflection paper. Business Enterprises is a prerequisite for 2L students and a prerequisite or co-requisite for 3L students. Some course content may overlap with that taught in Mergers & Acquisitions and the Corporate Governance mini-course.
4LAW 4780 Criminal Procedure Sem (3 Credit Hours)
This seminar provides students with the opportunity to do advanced work on a research topic of their choosing on a topic related to Fourth, Fifth, or Sixth Amendment law. The course in Constitutional Criminal Procedure: Investigation is a prerequisite. Students will write a 30-page research paper that resembles a law review comment in format, style, and footnoting. Each student will select relevant readings on his or her topic, and lead a one-hour “workshop” discussion about these readings as preparation for writing or revising the rough draft. The course grade is based on the final paper, class participation, and timely completion of written assignments such as responses to prompt questions about the readings.
4LAW 4810 Criminal Law, Federal (2,3 Credit Hours)
This course explores major jurisdictional, procedural and substantive issues involved in the enforcement of federal criminal law. Included among the crimes on which the course focuses are mail and wire fraud, drug offenses, banking offenses and money laundering, perjury and obstruction of justice, and RICO. Professor Larson plans to invoke a rule penalizing students for lack of preparation and/or excessive absenteeism.
4LAW 4840 Criminal Practice, Adv (2 Credit Hours)
This course explores the various stages of the criminal justice process, e.g. arrest, first appearance, bail hearing, charging process (district attorney, grand jury), arraignment, pre-trial discovery, plea negotiations, and post-trial motions. The course will be taught partly by lecture, partly by class discussion of hypothetical fact situations, and class discussion of leading cases as to each topic. The format differs from some classes in that the students evaluate the hypothetical fact situations first, and only thereafter read the applicable case law to see how it reinforces or changes their original opinions. The class is limited to 20 students and preference is given to seniors and those students who are not in the criminal law clinic. Constitutional Criminal Procedure: Investigation is a corequisite.
4LAW 4860 Criminal Law, International (2,3 Credit Hours)
The course attempts to examine the political and jurisprudential theories which underlie the rapidly-developing system of international criminal law, together with the actual structure of the system which now exists. The course will address both the “core crimes” of international criminal law, i.e., war crimes, crimes against humanity, genocide, and aggression, as well as those crimes that have become truly international in nature, such as drug trafficking, money laundering, and terrorism. During the semester, the course will cover both threshold issues, e.g., what is “international” criminal law, and general concepts, such as sovereignty and jurisdiction in international criminal matters. In addition, international enforcement and penal mechanisms will be studied, all within the context of those entities that create, implement or enforce international criminal laws, such as the United Nations, the European Union, and the federal courts of the United States. With regard to each such entity, consideration will be given to the political and economic implications of the international aspect of the system, and to the procedural problems created by its trans-national nature. Public International Law is recommended. Professor Larson plans to invoke a rule penalizing students for lack of preparation and/or excessive absenteeism.
4LAW 4890 Election Law (2,3 Credit Hours)
Election law is a fascinating topic not only in politically charged times; the rules surrounding elections determine the way constitutional principles play out in practice at any point in time and thus lie at the very heart of democracy. In combination with a few other key variables, such as the structure of the executive (presidential or parliamentary) and the vertical distribution of power (unitary or federal), election systems can shape the exercise and coherence of party influence over government, the stability of the executive, the breadth and legitimacy of representation, the capacity of a system to manage internal conflict, the extent of public participation, and the overall responsiveness of government. Several factors – in particular overall system design, state funding and private campaign financing, districting, or general party influence – impact on elections. The course covers these and many other core issues in the context of different voting systems and their respective political and constitutional dynamics. Most of the course deals with the United States; the increasing influence of proportional representation and variants of majoritarian election systems both in the U.S. and around the world, however, also invites some comparison with approaches found in the United Kingdom, France, Germany and South Africa. Due to overlap in content students may not enroll in both the Election Law and the Law of Democracy course.
4LAW 4910 Employment Discrimination (3 Credit Hours)
This course concentrates on analyzing the statutory, constitutional, administrative, and judicial responses to discrimination on the basis of race, age, sex, religion, national origin, alienage and sexual orientation by private and public employers.
4LAW 4920 Employment Discrim Sem (3 Credit Hours)
This course is designed to provide in-depth coverage of some of the most currently controversial subjects in employment discrimination and to provide the students with an opportunity to write a substantial scholarly paper dealing with an employment discrimination topic of their choosing that I have approved. Completion of this paper would satisfy the upper class writing requirement as the students will receive three (3) academic credits. The course will be divided into three components: The class will meet at a regularly scheduled day and time once per week (as is typical for seminar courses) for the first third of the semester to discuss the assigned material. For the following third of the semester each students will meet with me individually once per week to discuss the progress on her or his paper. For the final third of the course, the class will again meet once per week to give each student an opportunity to present his or her paper to the class for comment and analysis. Each student is responsible for choosing his or her paper topic and will be expected to have chosen a paper topic during the intersession period, to be handed in at the beginning of the first class meeting. Employment Discrimination law is a mandatory prerequisite for this course. Enrollment will be limited.
4LAW 4930 Env Law: Historic Preservation (2 Credit Hours)
This seminar will present a national, state and local perspective on historic preservation in a broad sense, including protection of the urban environment and of archaeological, cultural and other historic resources. It will examine laws dealing directly and indirectly with preservation, and the institutions that implement them. The city of New Orleans provides rich material for this examination. Students will be required to research selected topics and to present their findings orally to the class and in a substantial final paper. Grade will be based on research paper, oral presentation of paper topic, class participation and attendance. (3 Credits)
4LAW 4950 Entertainment Law (2,3 Credit Hours)
This course will cover legal issues in representing clients within the entertainment industry, highlighting business and economic considerations. The focus will be on the nature of relationships and transactions, including implications on intellectual property rights arising from contractual and other legal matters, which arise among various players from the music, film, visual and performing arts sectors. These players will include recording artists, songwriters, producers, managers/agents, record labels, publishers, filmmakers, screenwriters, graphics artists, studios, etc. Emphasis will be placed on analyzing the initial development and evolution of these dynamic relationships as they are intertwined within a pragmatic fact-pattern involving common issues arising from entertainment legal matters. Throughout the course, consideration will be given to various revenue streams flowing from intellectual property through channels of commerce, such as tangible record sales, digital sales, performance rights, and licensing, including synchronization licensing for music placements against film.
4LAW 4960 Energy Regulation (2,3 Credit Hours)
This course will begin with an overview of the global energy situation in terms of supply and demand as well as balanced projections for the coming decades both here and abroad. It then will proceed to examine the primary sources of energy along with the multi-faceted role of electricity as the central source of secondary energy in our economy. This portion of the course will cover in some detail how these energy sources are used and regulated from economic, reliability, and environmental perspectives. There will therefore be a review of legal and regulatory principles governing fossil fuel extraction and use, the coal industry, nuclear power, a range of renewable energy sources, and finally the regulation of electricity generation, transmission, and distribution. The course will conclude with a brief review of the growing role of conservation and climate change in energy markets here and to some extent abroad. There will be an essay-based final examination and class participation will certainly be encouraged.
4LAW 4990 Env Law: Pollution Control (3 Credit Hours)
This course introduces the basic pollution control statutes, the Clean Water Act, the Clean Air Act and hazardous waste laws. It examines and contrasts their objectives, their regulatory schemes and their relative successes. Special emphasis is given to comparing and critiquing the major regulatory approaches to pollution control: command and control regulation according to health-based or technology-based standards and economic incentive schemes, as well as statutory interpretation.
4LAW 5000 Toxic Tort Theory & Practice (2,3 Credit Hours)
This course aims to developing an understanding of the history and development of toxic tort litigation as a practice area. Special attention will be given to the difficulties in fashioning equitable remedies, novel issues of medical causation as well as the practical problems arising from emerging science and unsettled law.
4LAW 5010 Env Law-Clean Water Act (2,3 Credit Hours)
This class examines hot topics in clean water law and policy, some of long standing that are coming to a head, others new and challenging. Subjects include the Chesapeake Bay program, the Everglades, Thermal Power plants, Concentrated Animal Farms, Ocean acidification, and potential litigation by private and public parties against pollution impacts. Several of these we will treat preliminarily in class; others of any kind you may choose to investigate for your class projects. The class will be of two parts, selected readings that illustrate the Act’s approach to key sectors, followed by classes based on student research, leading to a final paper. Grades will be determined on the basis of class and TWEN discussion, research presentations, and the ultimate paper. Because the Clean Water Act is also included this Spring in Pollution Control, the focus of this seminar will be more geographic and sectoral, how the law works with regard to a particular problem. While Pollution Control is not a prerequisite for this seminar, a student should either be taking it concurrently or have equivalent experience with the law or the research intended.
4LAW 5020 Biodiversity & Endangered Spec (2,3 Credit Hours)
This seminar examines the so-called “pit-bull” of environmental law, whose requirements draw a bottom line for human activity across the board, altering government programs and private decisions along the way. Not without angst. And not without vigorous attempts to modify or eliminate them altogether, one currently pending before the Supreme Court. We begin the seminar with readings and discussions of the science and legal principles of the field, and then move to issues of your own choice for research, class presentation and final papers. We will also address events in Congress and the responsible agencies as they, too, evolve. The protections of endangered species and biodiversity are themselves on trial, and the stakes on all sides are high. Familiarity with environmental law generally, and/or conservation biology, are useful but not required. Class size limited to 15 students.
4LAW 5030 Env Law-International (3 Credit Hours)
This course examines the basic international legal setting for the protection and management of the environment. It discusses how international law is made and applied, the role of international environmental regimes or institutions, transboundary liability and compensation, enforcement strategies and compliance control mechanisms. Major themes of the course include human rights and the environment, free trade and environmental protection, the financing of global environmental protection measures, the protection of biodiversity, North-South issues generally, as well as various regulatory regimes for the protection of the global commons and internationally sensitive natural resources, including the Climate Change Convention. Public International Law is highly recommended. Professor Handl plans to invoke a rule penalizing students for lack of preparation and/or excessive absenteeism.
4LAW 5040 Env Law-Coastal Law (2,3 Credit Hours)
This seminar provides an examination of the factual, legal, and policy framework that has developed regarding issues of coastal land-loss, with a focus primarily on the quickly disappearing wetlands in Louisiana, but also with an examination of similar land-loss issues in other communities. The seminar will examine the background of the importance of coastal wetlands, the crisis of coastal wetlands loss, the causes of that loss, and the legal and policy responses in the search for remedies for that loss. The seminar will be co-taught by Christopher Dalbom (Senior Research Fellow and Assistant Director of the Institute on Water Resources Law and Policy at Tulane Law School) and Bessie Antin Daschbach and Tad Bartlett (both members of Jones, Swanson, Huddell & Garrison LLC). This seminar will not satisfy the upper-class writing requirement.
4LAW 5060 Env'l Law Seminar (2,3 Credit Hours)
This seminar will explore actual and proposed changes to the environmental regulatory system under the Trump administration. It will focus on both substantive and procedural aspects of these changes, including barriers to change. This will involve study of environmental law and administrative law issues. Students will write and present a seminar paper that satisfies the upper-class writing requirement. Professor Babich plans to invoke a rule penalizing students for excessive absenteeism.
4LAW 5070 Environmental Enforcement (2 Credit Hours)
This course is about everything environmental. That is, it cuts across the body of the environmental media statutes and goes to the heart of the law -- enforcement. Permits and rules are mainly technical, and (except for rule-making litigation and legal transactions) enforcement is mostly where the lawyer reigns. So we will not focus so much on details of the media programs other than what happens after a violation. We'll cover such topics as EPA priorities, enforcement theories, overfiling, reporting, investigations, civil penalties, injunctions, citizen suits, remediation and white collar criminal prosecution. Classes will be lecture, case discussions from a text, and team hypothetical problem solving and presentations. The course will be taught by Stan Millan with the Jones Walker Law Firm. Professor Millan plans to invoke a rule penalizing students for lack of preparation (which counts as part of grade) and/or excessive absenteeism (3 or more classes). The plan is to teach the course jointly at Tulane with Loyola College of Law students.
4LAW 5080 Comp Env'l Law Seminar (2,3 Credit Hours)
This seminar treats the rising phenomenon of environmental law around the world, not through international accords (the subject of other courses) but through national approaches to common issues including: impact assessment, judicial review, land use, toxins and wildlife species. The class will be graded on the basis of student participation (including TWEN), and on selected research projects leading to discussions and papers at the end of the course. Introductory in nature, prior or concurrent classes in the field are useful but not required.
4LAW 5090 Env Law: Water Law (2,3 Credit Hours)
This course will cover the role and influence of the legal system on the use, allocation, and stewardship of water resources in the United States and Louisiana. Since the field of water resources management is rapidly evolving to accommodate storm protection, ecosystem restoration and sea level rise an understanding of the policies that underlay our current laws and the factors that are influencing current policy and law-making will be an important part of the course’s focus. Course materials will include law cases and related materials which must be read before class. The course will be lecture oriented with occasional guest lecturers with specific experience in development of water resources law and policy. Students will be asked to participate in one group project in which they will be asked to develop, present and defend a position paper on some aspect of the water resources management challenges arising in coastal Louisiana.
4LAW 5110 EU: Constitutional Law (2,3 Credit Hours)
This course covers the legal and political development of the European Union, highlighting the gradual functional and organizational changes that have taken place over the past five decades, and deals with its present-day constitutional structures including the Commission, the Council, Parliament, the European Court of Justice, and the European Central Bank. Specific emphasis will be placed on human rights protection and judicial review in the European context, the concept of a European constitution, the ongoing expansion process, and challenges connected to the introduction of a common European currency. The course also focuses on the tensions between an increasingly influential and supranational Union and its 28 sovereign Member States. Students are invited to draw comparisons between the European Union and the United States throughout the course.
4LAW 5120 Feminist Legal Theory (2,3 Credit Hours)
Feminist legal theory can pose a significant epistemological challenge to traditional schools of jurisprudence, questioning some of the very premises of what constitutes justice and equality in a liberal democracy. At the same time, it seeks to explore how gender shapes the law and how the law shapes gender. This course will examine the principle tenets, methodologies, and controversies in feminist legal theory including the meaning of equality, the intersection of race and law, the public/private divide, concepts of objectivity and neutrality, and how law reproduces hierarchies while also having the ability to participate in significant social change. We will look at how feminist theory has used, incorporated, modified and critiqued other schools of jurisprudence and theoretical paradigms including Marxism, critical legal studies, critical race theory, and postmodernism. We will also analyze debates between feminist theorists regarding essentialism, women’s sexual agency, and how feminist theory itself is a product of a particular society. The goal of the course is to think broadly and critically regarding the interaction of law, society, and gender while exploring the potential and limitations of our legal system.
4LAW 5140 Financial Institutions (3 Credit Hours)
The financial system is the infrastructure on which all economic activity takes place with enormous political and distributive stakes. The law of financial institutions is thus of central concern to students of diverse interests: aspiring private practitioners, regulators, and public interest lawyers concerned with social justice. A decade now since the Global Financial Crisis, the legal reforms put into place are profoundly trans-forming all three areas and their interrelationships. We will study these transformations, focusing on the law of commercial banks and the Federal Reserve (Part 1); broker-dealers, hedge funds, and registered investment companies (Part 2); and central clearing counterparties (Part 3).
4LAW 5150 EU: Business Law (2,3 Credit Hours)
The United States are the single most important trading partner of the European Union (and vice versa)—despite the growing importance of expanding economies such as India, China, the ASEAN, or Brazil. The sheer volume of transatlantic trade and the battle for worldwide market shares inevitably create a need for lawyers with specialized and comparative legal expertise in substantive EU law. This course provides both a basic introduction to the political and legal organization of the European Union and detailed treatment of the most important areas of business related EU law. The course covers the most important aspects of the legal and regulatory framework of EU internal market. Discussions will focus on the so-called four freedoms -- free movement of goods, services, persons and capital -- within the common market, state aid, competition rules and antitrust policy as well as the Union’s external commercial (trade) policy. Students will be made aware of differences between national and EU approaches, and how these differences impact on transatlantic business relationships.
4LAW 5160 Fair Housing & Litigation (2,3 Credit Hours)
With SCOTUS recognizing discriminatory effects claims under the Fair Housing Act (FHA) last term and U.S. HUD issuing the first comprehensive regulation interpreting affirmative governmental fair housing duties in 2015, a study of fair housing law and litigation is particularly timely. This course will examine Title VIII of the Civil Rights Act of 1968, as amended in 1988; classes protected; transactions covered (rental, sales, lending, insurance); and the fair housing obligations of states, municipalities, and public and affordable housing programs. Students will be challenged to consider the strengths and weaknesses of litigation as a tool for creating an equal housing market and eradicating residential segregation. This course will incorporate doctrine, theory, and practice and will be assessed using a mid-term exam and several writing assignments.
4LAW 5170 Energy & Env'l LLM Seminar (1 Credit Hour)
This seminar explores current issues in Environmental and Energy law through faculty and LLM candidate presentations and discussion. This seminar is open to graduate Energy & Environment students only.
4LAW 5180 Con Law:Freedom Speech/Press (3 Credit Hours)
This course focuses on the Supreme Court’s opinions on freedoms of speech and press issues in First Amendment jurisprudence. The topics of study may include: advocacy of illegal action, defamation, commercial speech, obscenity, offensive speech, hate speech, symbolic speech, regulation of the public forum, prior restraint, and other topics. The First Amendment topic of freedom of religion is the subject of a separate course, entitled The Constitution & Religion.
4LAW 5200 Foreign Affairs & National Sec (3 Credit Hours)
The focus of the course will be on the U.S. constitutional structure and how that affects the role the United States plays in the international domain. We will inquire into how the Constitution enables and constrains the manner in which the United States government participates in lawmaking internationally and how that in turn affects private rights within the United States. An international lawyer working in this country will surely need to be familiar with constitutional and other legal constraints that govern our relationship with the outside world. And a domestic lawyer to be effective in this day of global interdependence will need to be familiar with the international process that continuously shapes the nature of the constitutional order in this country and our very understanding of the Constitution itself. Some of the areas that will be covered in the course are: foreign relations and the separation of powers doctrine; the scope of and limitation on the treaty power; presidential power to conclude international agreements outside Article II treaty power; constitutional and domestic status of customary international law; foreign sovereign immunity and the act of state doctrine; congressional and presidential war-making powers; constitutional rights and the war on terrorism; extraterritorial application of the U.S. Constitution and U.S. laws; and the power of states in relation to foreign affairs.
4LAW 5260 First Amendment Seminar (3 Credit Hours)
This seminar provides students with the opportunity to write a research paper on a topic of their choosing related to freedom of speech. The course in Constitutional Law: Freedoms of Speech & Press is a co-requisite. (Students either must have taken the course in a prior semester or must be enrolled in the course in Spring 2014.) Seminar students will write a 25-page research paper that is similar to a law journal comment in format, style, and footnoting. Each student will lead a one-hour workshop discussion as preparation for drafting and/or revising the paper. Each presenter will select relevant readings on his or her topic and design prompt questions that will be posted on TWEN one week before the workshop discussion. Each non-presenting student is required to post responses to the prompt questions of the presenters. Note that students also are required to submit a paper topic memo and list of sources, a rough draft of 15 pages with footnotes, and written comments on the rough drafts of two other students. The course grade is based on the final research paper, the workshop discussion presentation, class participation, and the timely completion of all writing assignments.
4LAW 5280 Health Care Law & Regul (2,3 Credit Hours)
The course begins with an overview of the U.S. health care industry and then addresses the law that affects major portions of that industry and those it serves. Relationships among individual health care providers (e.g., physicians), institutional providers (e.g., hospitals, nursing homes, clinics), and patients of those providers are explored, as are various statutory entitlements (e.g., Medicare, Medicaid, EMTALA), medical malpractice concepts, preemption effects of ERISA, patient privacy/consent issues including HIPAA mandates, and the policing of fraud and abuse. The class will examine the health law that resulted from the health reform legislation signed by the president in March, 2010. Finally, the course will review how the antitrust laws impact the structure and conduct of health care providers.
4LAW 5290 Health Care Law Practice (2,3 Credit Hours)
Health Care law practice has come to play an increasingly important role in our legal system. The cost and accessibility to health care is presently the most significant domestic issue facing the United States. An ever growing matrix of federal and state statutes and regulations determines how and when medical services are delivered, where they are delivered, to whom they will be available, and how payment is made for those services. The volume and intricacy of these legal authorities has increased so rapidly that there are now subspecialties of law within health care law itself. There also exists a complex system of contracts as well as abundant detailed federal and state statutory and regulatory requirements as to such contracts. The seminar will examine many of the most significant legal issues as to the health care delivery system, the regulation of health care providers, statutory and regulatory issues as to payments, managed care and rights of health care providers and patients. Emphasis will be placed upon examining the many applicable legal issues implicit in the delivery of health care by health care providers and the payment for health care services in an arena of rapidly changing and dynamic statutory and jurisprudential activity.
4LAW 5340 Immigration Law (2,3 Credit Hours)
The course examines the immigration and naturalization processes of the United States with a focus on practical application, procedures, and statutory construction. Topics will include citizenship and naturalization, the admission and removal of immigrants and nonimmigrants, and the issues of undocumented immigration and national security. We will also address the intersection of immigration with other practice areas including employment, criminal, and family law.
4LAW 5341 Immigration:Policy & Social (2,3 Credit Hours)
This course touches upon the major policy debates currently swirling around immigration reform and policy. This course will survey social changes and development of immigration law over the last few decades, including the emergence and role of social change movements. Topics will include undocumented immigration, international coordination on migration, judicial review and due process, refugee and asylum policy, immigration and employment, border security, state and local enforcement of immigration law, and the relationship between immigration law and crime. The course will include dialogue with leading immigration and refugee advocates and policy-makers , engaging students in important debates about what immigration and refugee policy should be.
4LAW 5342 Immigration for Business (2 Credit Hours)
The course provides a foundation in the practice of business immigration law with a focus on practical application, procedures, and statutory construction. Topics will include both nonimmigrant and immigrant employment based immigration to the United States and employer compliance matters (such as I-9 compliance). We will also address the intersection of immigration with other practice areas of business and employment law. Familiarity with basic immigration concepts is recommended.
4LAW 5345 Immigrant's Rights (2,3 Credit Hours)
The course is an experiential course integrating lawyering theory, skills and doctrine in the context of representing noncitizens (seeking nonimmigrant U status) in partnership with the community group, the New Orleans Workers’ Center for Racial Justice (NOWCRJ). Students will be assigned to work in pairs, under the supervision of a NOWCRJ attorney and Prof. Hlass, on one U nonimmigrant status application for a NOWCRJ client. Students will learn the substantive law of U Nonimmigrant Status, as well as ethics and professionalism, as they develop lawyering skills including: client-centered interviewing, investigating facts, researching and analyzing relevant law, case planning, developing a theory of the case, creative problem-solving, strategic decision-making, collaborating, legal storytelling, cross-cultural lawyering and consequences of implicit bias, and legal writing, including affidavits and advocacy-focused letter briefs. This course has a weekly seminar, as well as an expectation of 10-15 hours of fieldwork weekly to complete the 135-hour fieldwork requirement. Enrollment is by application and is subject to the approval of the faculty.
4LAW 5370 Information Privacy (2,3 Credit Hours)
Information Privacy is a course that explores privacy law with a special focus on its history, technological advancements, and the tort aspects of privacy in the United States, including misappropriation, intrusion, publication of private facts, and false light.
4LAW 5380 Insurance Law (2 Credit Hours)
Insurance plays a critical role in all areas of law practice. This course will introduce you to the basic concepts and terminology; survey numerous types of insurance such as general liability, property, life, automobile, construction, professional liability, employment, environmental, homeowners, product liability, including litigation issues such as the duty to defend, the duty to indemnify, subrogation, fraud, bad faith, defenses, damages, procedure; and address governmental regulation.
4LAW 5390 Initial Public offerings (2 Credit Hours)
This course will examine the law governing, and the skills involved in, the preparation of an initial public offering of securities. The skills include: giving advice (including unwelcome advice); analyzing business opportunities and performance; writing clearly and concisely; and dealing with other professionals who participate in the transaction (issuer, underwriter, counsel to other parties, accountant, SEC staff). We will read excerpts from the Securities Act, SEC regulation S-K, some SEC releases, a handful of judicial decisions, parts of a prospectus, episodes from a novel and other materials. Students will be asked to select an offering and to prepare three short comments, one on the Business section, one on the Risk Factors section, and one on the Management’s Discussion and Analysis of the prospectus they select.
4LAW 5400 Law of Higher Education (2,3 Credit Hours)
This course will focus on law within colleges and universities, including academic freedom, the law and faculty, the law and students, and the history of the intersection between higher education and law. Students will be expected to come to class having done the readings and ready for discussion.
4LAW 5410 Intellectual Property (3 Credit Hours)
This survey course introduces students to the basic state and federal laws relating to inventions and cultural works. The class will cover topics that include patents, trademarks, copyright, right of publicity, and trade secrets. The course will look at the moral, cultural, economic and theoretical underpinnings to our current controversies in intellectual property law. This course is a prerequisite for nearly every advanced course in Intellectual Property.
4LAW 5420 Intellectual Property Seminar (2,3 Credit Hours)
The IP seminar will focus this year upon the law related to creators and inventors. Through the use of student writings and a set of weekly readings, this seminar will examine key themes arising in this area in a more in-depth way than is covered in a traditional classroom course. The first third of the course will primarily be spent critically reviewing and evaluating the writing of others in this area, so that students can learn to assess the strengths and weaknesses of written work and practice revising work to improve it. In the second two-thirds of the course, students will focus upon their own writing and will produce an original research paper. To apply, students should propose an area of any part of IP that is interesting, where we see individuals or groups struggling. This could be your grandfather, who was a famous photographer, and now your family doesn’t know what to do with his photographs. It could be that you have an invention for a new app, but are not sure how to protect it. It could be that you see small companies struggling to understand the role of social media in their businesses. Propose an topic/area that you would like to work on, and why. The course will satisfy the upper-class writing requirement.
4LAW 5450 Int'l Business Transactions (3 Credit Hours)
The objective of this course is to provide students with an introduction to a number of areas of international business law and to provide an opportunity to study some of those areas in more detail. The course looks at the supranational and U.S.-domestic law that serves as backdrop to any international business transaction connected to this country. It focuses particularly on how to finance both sales and direct investment and how to structure direct investment of various tangible and intangible assets. The course is focused on the law as it affects individual business entities rather than on the relationships between States. However, this course does deal with the way that certain treaties have an impact on domestic law in relevant areas, such as international dispute settlement. This course also covers the World Trade Organization treaties to a limited extent as relevant to international business transactions.
4LAW 5470 Int'l Human Rights Law (3 Credit Hours)
In this course we will explore the place of human rights in United States and international law. More broadly, we will closely examine and evaluate the entire human rights "regime," that is to say the norms, principles, rules, and decision-making institutions that occupy and organize this issue area within the broad sphere of international relations. The course is designed to provide students with a confident grasp of: the substantive norms of human rights; the philosophic basis for the concept of rights and the leading points of controversy about the existence or character of certain rights that appear in conventional enumerations; the diverse procedures available at the global, regional, and national level for defense and promotion of human rights; the subtle and not-so-subtle ways in which ideological and material interests influence the definition and enforcement of rights; the ways in which policy makers attempt to reconcile the demand for human rights enforcement with more traditional foreign policy objectives.
4LAW 5490 International Law-Public (3,4 Credit Hours)
This is the basic introductory course in international law and as such focuses initially on how international law is made and applied as well the various theoretical justifications for and explanation of international law and international institutions. The course then explores other issues such as the proper subjects of international law—states, international organizations, individuals, etc; allocation of legal authority among states; the forums for and the methods of international dispute resolutions, etc. Special attention is paid to the use of force in international relations and the UN-based collective security system. Using the United States as an example, the course will also explore the interrelationship of domestic law and international law—the domestic effect of treaties and customary international law, the role of federalism in the adoption and enforcement of international obligations, and the role of municipal courts in the enforcement of international obligations.
4LAW 5540 Int'l Commercial Arbitration (3 Credit Hours)
This offering is intended to introduce students to the problems of dispute resolution in the international transactional context. Most international commercial disputes and contract claims are resolved through arbitration. The course will address the primary substantive law issues in the field, consider in detail comparative and transborder aspects of the subject area, and provide students with a simulation exercise in a contemporary practice problem.
4LAW 5550 Int'l Sale of Goods (3 Credit Hours)
This course will address the United Nations Convention on Contracts for the International Sale of Goods (the “Vienna Convention”). The rules of the Convention, to which more than eighty States adhere (including the U.S.), govern a great number of export/import transactions involving American parties. The course is designed to familiarize students with these rules and their application to specific aspects of international sales contracts, such as contract formation, remedies and allocation of risk. The discussion also will address the broader ramifications of the Vienna Convention. Topics of this nature include an assessment of fundamental problems, such as uniform interpretation, that are inherent in every effort to unify or harmonize legal rules. The course will also familiarize students with INCOTERMS 2010 that govern the transportation and insurance aspects of sales transactions and UCP 600 that provides the standard mechanisms for international payments, including letters of credit and documentary collections. Professor Davies plans to invoke a rule penalizing students for lack of preparation and/or excessive absenteeism.
4LAW 5570 Int'l Institutions (2,3 Credit Hours)
This seminar examines international institutions – both formal organizations and informal arrangements – as increasingly important elements of a rapidly changing international governance system. These institutions range from traditional treaty-based organizations, such as the United Nations and its subsidiary organs, to understandings among states lacking formal structural organization which govern some aspects of international economic relations, human rights and arms control. Apart from the topics of formation, membership and participation, as well as of (applicable) privileges and immunities, the seminar will pay special attention to international institutions’ role in developing international law. It will also canvass the extent to which international institutions are accountable pursuant to international law. The seminar will thus highlight political-legal phenomena of the transition to an international legal order in which international institutions have taken on indispensable governance functions that both compliment and threaten states’ traditional, dominant position in the international legal system. Professor Handl plans to invoke a rule penalizing students for failure to be prepared and/or excessive absenteeism.
4LAW 5580 Int'l Trade Finance & Banking (3 Credit Hours)
Analyzes competing trade and industrial policies, GATT-WTO, NAFTA, unfair trade practices, dumping and subsidy controversies, trade imbalance problems, foreign investment, safeguards, expropriation and remedies, international banking and lending, debt overloads, IMF policies, global financial crisis, remedies, and adjustment mechanisms.
4LAW 5600 Intro to Law of the US (1,2 Credit Hours)
This course is designed to help international law students pursuing an LL.M. in the United States prepare for the demands of graduate education in an American law school. Because of its location in a state with a civil law heritage (which is unique in the United States), Tulane has long been known for its expertise in comparative and international law. This expertise allows the school and its faculty to better understand and meet the needs of students who come from a wide variety of legal systems. By utilizing tenured faculty, and by focusing on the basic principles of the American Legal system, with particular emphasis on constitutional law, the orientation program ensures that international students are given the best possible grounding for their subsequent studies. Classes meet four days a week, for 220 class minutes per day, in the three weeks before regular fall classes begin. The specific courses taught are as follows: Constitutional Law, Criminal Law, the U.S. Legal system, Constitutional Criminal Procedure, and Civil Procedure. Students who pass the written examination at the end of the course will earn two credits for their work, based upon American Bar Association guidelines. In addition to regular classes, students are offered free tutoring in English, with particular emphasis on legal terms and phrases, a speaker series, and an introduction to legal education in the U.S. Students will also be invited to attend a variety of social events and dinners, and will be given the opportunity to visit local courts and observe judicial proceedings.
4LAW 5610 Intro To Jurisprudence (3 Credit Hours)
This course will survey the major issues in the philosophy of law, paying special attention to those issues that have concerned lawyers and constitutional scholars. The leading theories of law including legal positivism, natural law, Ronald Dworkin’s “third theory of law” and legal realism will be discussed, along with their historical origins. To illustrate these theories, the course will examine how they apply to several of the most important issues in legal theory, such as the relationship between law and morality, law and politics, and the nature of legal reasoning. The course will also survey the major theories of justice. The course does not assume any prior background in philosophy.
4LAW 5700 Law of Democracy Seminar (3 Credit Hours)
This constitutional law course concerns voting rights and elections, topics not covered in upper-level classes on the Fourteenth Amendment and First Amendment. We will address a variety of topics related to the proper legal functioning of our democratic system, including the law of voter participation, reapportionment and redistricting, rights of political parties, campaign finance, racial discrimination and the Voting Rights Act, racial redistricting, and direct democracy. Due to overlap in content students may not enroll in both the Election Law and the Law of Democracy course.
4LAW 5710 Labor Law (3 Credit Hours)
After a brief introduction to the history and evolution of the labor movement and labor legislation, the course covers in depth the legal framework dealing with union organization and collective bargaining. The material is considered from the beginning of the relationship between the employer and union, the organizational phase, through collective bargaining and enforcement of the contract once it is in place. Professor Friedman plans to invoke a rule penalizing students for lack of preparation and/or excessive absenteeism.
4LAW 5730 Law of The Sea (3 Credit Hours)
This course reviews the public order of the oceans, i.e., the basic principles of international law, both customary and treaty-based, that apply to maritime spaces, such as the territorial sea, the high seas, continental shelf, seabed, and ocean floor. The course analyzes the allocation of jurisdictional powers among individual states and the international community at large over the various maritime zones involved; the use and management of ocean resources, such as regional and global fisheries regimes and seabed mining; marine environmental protection and pollution control; military uses of the ocean; and freedom of navigation. Special consideration will be given to enforcement issues related to drug trafficking and violations of marine environmental protection or fisheries regulations.
4LAW 5770 Law and Literature Sem (2,3 Credit Hours)
This interdisciplinary seminar will use various works from the canon of Western literature-Homer, Shakespeare, Kafka, and others-as well as American film to explore jurisprudential concerns such as the distinction between justice and revenge, law and illegality, and the limits and purposes of punishment. We will explore the differences and similarities between legal and literary narrative, the origin and nature of law, how law reflects (and whether it should reflect) community norms and moral views. Students will be required to prepare a research paper which they may use to satisfy the upper-class writing requirement, make one or more class presentations, and participate in class discussion. Reading assignments will consist of literary works and commentaries of these works.
4LAW 5830 Law and Technology (2,3 Credit Hours)
This seminar focuses on the legal issues raised by advances in technology. In recent years, technological developments such as social media, the sharing economy, genetic engineering/testing, virtual reality, the Internet of Things, artificial intelligence, self-driving cars, etc. have had profound social, economic, and political consequences that have raised novel legal issues in a variety of fields, including tort law, criminal law, election law, privacy, civil rights, employment law, corporate law, and health law. We will explore several major themes and current trends governing the complex interrelationship between law and technology. This seminar may be taken to satisfy the upper-class writing requirement.
4LAW 5831 Law, Finance & Technology (2,3 Credit Hours)
4LAW 5840 Lawyering (2,3 Credit Hours)
This course examines the use of law to advance social, economic, or political goals. After a brief exploration of the theoretical framework and historical background of “cause lawyering,” students will consider the role of law and lawyering in various change-seeking applications, such as social movements and impact litigation, and in various practice settings. Throughout the semester, students will meet with practitioners involved in prominent cases or organizations to discuss their objectives, strategies, and challenges—and whether they achieved their goals. Students will prepare for those meetings by reading relevant material and generating specific questions for the speakers. Grades will be based on several short papers, a final paper, and class participation. This course is not subject to a curve and includes an option for students to satisfy the upper-level writing requirement.
4LAW 5880 Modern European Legal History (3 Credit Hours)
This course traces the history of private law in Europe from approximately 1750 to 1950. It will begin with the pre-codified law and custom found in the European ius commune, the legal situation during the Ancien Régime of France, revolutionary age leading out to the first great codifications, and proceed to the rise of the historical school and Romanist legal science in Germany, the national debates over codification in Germany, the nature and background of the German Civil Code, the Austrian, Swiss, Spanish and Italian codification experience, and the diffusion of European codifications in countries of Latin America and Asia. Readings will be assigned for discussion and participation in class. Professor Palmer plans to invoke a rule penalizing students for failure to be prepared and/or excessive absenteeism.
4LAW 5910 Intro to Leg Rsh & Writing US (1-2 Credit Hours)
This two credit course is an introduction to the legal methodologies of practicing attorneys in the United States. Because the course is limited to international students seeking their LL.M., it emphasizes the development of legal reasoning and writing skills in an adversarial legal system, while simultaneously acquainting students with the legal resources readily available to attorneys in the United States, such as Westlaw, and Lexis. The first half of the course is devoted to short writing projects, e.g., motions, and memoranda, as might be created and used by a U.S. law firm. The second portion of the course, which immediately follows the first, is devoted to the creation of a brief on a current issue. In addition, the students are required to orally argue at least three times. Professor Larson plans to invoke a rule penalizing students for lack of preparation and/or excessive absenteeism.
4LAW 5950 Legal Research, Adv (3 Credit Hours)
Building on the research techniques presented in Legal Research and Writing, Advanced Legal Research focuses on the effective use of electronic and print legal research tools and examines existing electronic sources for both legal and non-legal information of interest to lawyers. After reviewing research concepts taught during Tulane’s first year Research and Writing course, this advanced course will provide coverage of selected additional research subjects, including statutory research, legislative history, administrative and regulatory research, practice aids, research strategies, and various specialized areas, including an introduction to treaty research and international/foreign research sources. The course also offers advanced training on comprehensive proprietary online research systems such as Westlaw and LexisNexis and introduces specialized proprietary online systems such as Bloomberg Law and BNA. It will focus on using the Internet to locate legal and non-legal resources, covering such topics as search engines, legal portal sites, websites for federal and state law, government information, and no/low cost information sources (commercial and noncommercial). This course will not be subject to the curve. The professor plans to invoke a rule penalizing students for lack of preparation and/or excessive absenteeism.
4LAW 5960 Litigating Com'l Fraud Sem (2,3 Credit Hours)
The subject of this seminar is commercial fraud. The goal is to provide students with a comprehensive understanding of what parties should consider, what they should anticipate, and how they might respond in litigating and arbitrating commercial fraud cases. The topics to be covered include (1) the Racketeer Influenced and Corrupt Organizations (RICO) Act, (2) the federal securities laws, and (3) various state law claims. Class will focus on the problems confronted daily by the practicing attorney.
4LAW 5970 Mixed Jurisdictions Sem (2,3 Credit Hours)
This seminar will focus principally upon the so-called ‘classical’ Mixed Jurisdictions of which there are about 15 or so in the world. Prominent among these are South Africa, Scotland, Quebec, Puerto Rico, Israel, The Philippines and Louisiana. There is debate about the countries belonging to this group and our research interest may extend beyond this circle in order to deal with classification issues. Each student in the seminar will select a topic dealing with some aspect of the Mixed Jurisdictions and write a research paper that will be presented and discussed in class. A paper topic may relate to any micro or macro aspect of such systems and should make use of the comparative method. Before topics are chosen, the opening classes will discuss the defining characteristics and traits of the mixed jurisdictions and students will be introduced to the literature on the subject. The principal text in the course will be V.V. Palmer (ed), Mixed Jurisdictions Worldwide: The Third Legal Family (2001).
4LAW 5990 Financial Markets Sem (3 Credit Hours)
This seminar will analyze the causes and consequences of the current and prior crises in financial markets, with a view to understanding the extent to which legal structures and regulatory policies both contribute to their emergence and mitigate their effects. The seminar will serve as a forum for discussing the efficacy of the current regulatory framework for financial services; the particular transactions, financial instruments and regulatory decisions that are believed to have contributed to various financial crises; and legislative and regulatory strategies for remediating crises and preventing their reoccurrence. To be eligible, students (i) must have completed Business Enterprises II and (ii) must have completed or concurrently be enrolled in one of the following upper-level courses: Mergers & Acquisitions, Corporate Finance, Financial Institutions, Real Estate Transactions, Secured Transactions, Bankruptcy, or Securities Regulation.
4LAW 6000 Marine Pollution (2,3 Credit Hours)
This course will cover U.S. legislation, administrative regulations, state legislation, and case law in the area of marine pollution. This course counts as credit for both the Environmental and Maritime certificates.
4LAW 6020 Social Media & Advertising (2,3 Credit Hours)
Social Media and Advertising Law explores the legal questions that arise in both traditional advertising contexts and within the social media framework. Issues we will touch upon including commercial speech, puffery, NLRB, blog endorsements, giveaways, brand ambassadorships, sponsorship deals, and other interactions with the general public.
4LAW 6040 Mergers & Acquisitions (2,3 Credit Hours)
This is an advanced corporate law course covering federal law aspects of tender offers, mergers (including forward and reverse triangular), leveraged buyouts, asset purchases, and other acquisition techniques, as well as selected defensive tactics (poison pills, recapitalization, white knights, etc.), due diligence, and drafting merger and acquisition deal documents. Business Enterprises is a pre-requisite or permission of instructor required.
4LAW 6080 Env Law: Natural Resources (3 Credit Hours)
This course is one of the two foundation courses in environmental law and presents a survey of programs that govern the use and protection of natural resource systems, including energy, mining, timber, grazing, transportation and water resource development. Special attention is given to the National Environmental Policy Act, and to management statutes for public lands, forests, parks, refuges, wilderness areas, and endangered species
4LAW 6100 Negotiation and Mediation (3 Credit Hours)
The purpose of this course is to expose students to the process of negotiation as a pervasive lawyering activity; to increase awareness of the technical, interdisciplinary, and ethical dimensions of that process; to introduce the concept of the lawyer’s role as problem-solver; to enable students to experiment with and consider thoughtfully the various theories, forms, and techniques of negotiation and mediation advocacy; and to provide students an opportunity to assess their own capabilities within those contexts. 75% of the course will focus on negotiation and 25% on mediation advocacy. (Please note that the mediation advocacy portion of the course is not training students to be mediators but rather to enhance their understanding of the lawyer’s role in a mediation.) A number of negotiation exercises are completed outside of class at times that are mutually agreed upon by the negotiators. Flexibility by students in this regard is expected. Students will be graded on a “Pass/C/Fail” basis. There is no curve in this course. This course is taught by Stephen Bullock, Mathew Chester, Gabe Feldman, Dan Friel, Stephen Hall, Lesli Harris, Ault Hootsell, Robert Jenks, Roger Larue, Michael Moran, William Pitts, Elizabeth Ryan, Charles Thensted, Thomas Usdin, Susanne Veters, and Rachel Wendt Wisdom. The professors plan to invoke a rule penalizing students for lack of preparedness and/or excessive absenteeism. Students who have taken Intercultural Negotiation & Mediation in Berlin may not take Negotiation & Mediation Advocacy due to course overlap.
4LAW 6110 EU: Energy & Environmental Law (2,3 Credit Hours)
This course presents an introduction to the basic history and legal framework of the European Union (EU) and then concentrates on several key areas of practice. While the course will touch on the role of key EU institutions in the integration process, a central area of emphasis will be EU law in the fields of energy -- principally electricity, gas, and nuclear -- and the environment. Throughout the course, recurring overall themes will be sovereignty, federalism, subsidiarity and power sharing.
4LAW 6160 Patent Prosecution (2,3 Credit Hours)
This course concentrates on U.S. patent laws, U.S. patent regulations, and procedures involved in obtaining patents from the U.S. Patent and Trademark Office. Students will learn how to write patent claims, patent applications, and responses to office actions from the USPTO. Some aspects of foreign and international law will be discussed. The grade will be based on several written assignments and a final exam.
4LAW 6180 Patent Law (3 Credit Hours)
Topics to be covered include: patentability requirements, infringement, defenses, remedies, litigation, appellate issues, administrative revocation, and special topics. A technical background is NOT required for this course. Prerequisites: Intellectual Property.
4LAW 6200 Legal Syst, Leg Prof & Justice (3 Credit Hours)
This is a course that will focus on how the legal system functions and in particular the role of lawyers in it. It will use fictional works and biography (as well as some historical material) to provide examples of the kinds of issues and problems that arise in the conduct of lawyers working within the legal system. Fiction can often provide richer examples for students to work with than the usual classroom hypotheticals. Novels and short stories by such authors as Melville, Kafka, Faulkner, Auchincloss, Grisham, Turow, and others will be assigned. A principal reference will be the American Bar Association Model Rules of Professional Conduct (2004 edition) which students will bring to all classes. This will be supplemented by hand-outs of ethical and professional opinions. The course is intended to serve the ends of experiential learning by having the students confront the kinds of practical issues that arise in law practice. One focus will be whether the legal system can and does achieve the ends of justice. The objective is to provide a searching examination of how lawyers use or abuse the law and how the public interest is or is not thereby served. The seminar will have elements of courses in legal profession, jurisprudence, legal analysis, literary criticism, and sociology.
4LAW 6210 Law & Entrepreneurship (2,3 Credit Hours)
This course focuses on questions that arise in new social ventures, start-ups, non-profits and other early-stage projects. This will be a hands-on course where students will be introduced to the practice of IP and entrepreneurship through a variety of means, including a standard casebook, guest attorneys and entrepreneurs, and individualized research assignments. This course is recommended for students interested in the following areas: business, IP, non-profits, and solo practice. The grade is based project based work (individual research assignments each week) that will be graded. Students turn in a portfolio of their work at the end of the course which will be graded on completeness and thoroughness. This is a rigorous class that takes dedication. Students are expected to dedicate 3 hours preparation per class (6 hours a week) to the individual research assignments. Attendance is also key.
4LAW 6220 Client Interview & Counseling (3 Credit Hours)
The course will focus on the legal principles and skills involved in interviewing clients and witnesses and counseling clients in the course of litigation, dispute resolution, and decision making. Establishing an effective lawyer-client relationship requires gathering information relevant to decisions to be made by the client, analyzing the decision to be made, advising the client about the decision, and implementing the decision. Additional topics include addressing cultural differences and interviewing and counseling clients with mental and physical disabilities, children, criminal defendants, and organizational clients. Students will be assessed based on in-class role plays, recorded interviewing and counseling simulations, written plans, and self-evaluations.
4LAW 6230 Property Theory Seminar (3 Credit Hours)
This seminar provides a forum in which students can deepen their understanding of what property is, debate the merits of property law, and contemplate future issues that property law will face. In doing so, this seminar strives to enhance students’ analytical, research, writing, and presenting skills. The seminar is divided into three main parts. The first part focuses on developing a greater understanding of how the law views property. We will read fundamental property scholarship that has helped developed the modern concepts of what property is and how ownership is established and protected. The second part applies the traditional theories of property rights in more modern context. Through a variety of readings, the class will contemplate whether property rights should extend to things like the body, outer space, and virtual worlds. The third part allows students to develop their own thoughts on property rights through the writing and presenting of a seminar paper.
4LAW 6270 Compar Private Law Sem (3 Credit Hours)
This course will compare common and civil law approaches to the law of property, contracts, and torts. The common law originated in England and is judge made. The civil law developed from Roman law and, in most jurisdictions today, it is codified. We will look at how England, the United States, France, and Germany deal with some concrete legal problems, and ask whether the differences are due to history, codification, culture or to the problems themselves. The topics chosen will be familiar to the students from their first year. NOTE: Students who previously completed Professor Palmer’s European Legal Systems course may not enroll in this course.
4LAW 6290 Products Liability (3 Credit Hours)
The course focuses upon the founding and evolution of American products liability law, including the latest formulation in the third Restatement of Torts as well as state "reform" statutes. Emphasis is placed upon the inter-relationship between con-tract and tor remedies; the rise of the doctrine of strict liability; and the theory of enterprise liability.
4LAW 6320 Prof Responsibility Sem (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 through the use of practical in-class exercises how ethical rules can be developed to improve advocacy and truth-finding in the legal process. The grade will be based on a non-anonymous paper. Professor Stanley plans to invoke a rule penalizing students for lack of preparation or excessive absences. Note: This course does not satisfy the requirement to take Legal Profession.
4LAW 6330 Military Law (2,3 Credit Hours)
This course will be an overview of military and military-related law as practiced in the United States. The course will be divided into three thematic blocks: 1) the military justice system as it applies to service members, 2) the military legal system as it interacts with veterans, civilians, and civilian institutions, and 3) the military legal system as it acts internationally.
4LAW 6360 Critical Race Theory Sem (2,3 Credit Hours)
This seminar will explore the relationship between critical understandings of the significance of race and legal interpretation. Of particular importance will be the examination of how societal values and customs, expressed in legal rules purporting to address racial issues, inhibit critical approaches to the concerns of justice for the disadvantaged groups. Students must take any one of the following courses as a co-requisite for this seminar: Constitutional Law: 14th Amendment, Gender Law & Public Policy or Law & Sexuality Seminar.
4LAW 6370 Human Trafficking (2,3 Credit Hours)
The Human Trafficking Practicum is an experiential course that offers students the chance to learn critical aspects of human trafficking, both globally and domestically, and to apply that knowledge to class exercises and class presentations. This course will take a multi-disciplinary approach to the complex issue of human trafficking, particularly sex trafficking and will focus on restorative justice and other remedies. The course combines guest speakers, in-class discussions, exercises, and class presentations to facilitate a complete understanding of the multi-disciplinary aspects of human trafficking.
4LAW 6390 Cuban Law & US Relations (2,3 Credit Hours)
This seminar will cover the legal system of Cuba, U.S.-Cuba relations, and the impact of each on Cuba’s development. By the end of the course, students will have acquired an understanding of the historical development of Cuban law and legal institutions as these emerged during the colonial, republican and revolutionary eras; the Cuban legal system, and the Cuban legal and economic framework regulating foreign investment, trade, and international business transactions; the use of other disciplines in the analysis of Cuban legal problems and institutions for sustainable development; and the relationship between the United States and Cuba and the role of U.S. citizens, particularly the Cuban-American community, in rebuilding Cuba. The course will also explore alternatives to modernize the Cuban legal system in comparison with other mixed jurisdictions that have been greatly influenced by the Common Law, such as Puerto Rico and Louisiana. The course will be taught by José Cot, a Director in the New Orleans law firm of Hurley & Cot, and Rolando Anillo, corporate counsel for Florida Crystals Corp—American Sugar Refining Inc.
4LAW 6400 Intro Int'l & Comp Energy Law (2,3 Credit Hours)
International energy law is an important part of the required knowledge base of an “energy lawyer”. There is no single body of law or a treaty on “energy law” or “international energy law”. Instead, it is a combination of various rules of international, regional and national laws. After providing insights into what “energy law” is and who are the main players in the field, this course will cover the entire energy value chain and introduce students to legal and contractual issues relating to each segment. The course covers all forms of energy from oil and gas to reviewable energy. It also provides an overview of typical national policies and policy drivers for various energy activities.
4LAW 6410 Public Purpose Finance Seminar (2,3 Credit Hours)
It is a little appreciated fact that one of the central goals of U.S. financial law is to channel credit into activities and sectors deemed vital for the public interest. Such "public purpose finance" supports private borrowers but only insofar as their projects promote publicly determined goals. With over one quarter of the U.S. bond market some $10 trillion the political stakes of public purpose finance are enormous though they are rarely discussed. Our seminar will be organized in three parts. The introductory sessions will provide students with all the necessary background by familiarizing them with basic financial concepts and institutions (E.g., what is a bond? How do banks work? How does one measure economic and racial inequality?). Building on these sessions, we will then explore two case studies. The first case study concerns housing policy in the U.S., which accounts for the lion's share of public purpose finance today. The institutions and legislation we will discuss include the Government State Enterprises (Fannie Mae, Freddie Mac, and FHLB), the Community Reinvestment Act, and Community Development Financial Institutions. We will study the considerable achievements of this system in expanding access to credit for homeownership, but also its serious shortcomings with respect to racial and economic inequality. Students will be encouraged to explore these issues in the context of housing policy here in New Orleans. The second case study concerns "climate finance," which addresses the large investments in renewable energy that are necessary to transition into a low carbon economy. In distinction from housing finance, climate finance in the U.S. is still very much in its infancy. We will build on our discussion of housing to examine the design choices that are available for us today with respect to climate. Current initiatives in China and Europe will provide additional examples. No background in finance or economics is required and students from all backgrounds are encouraged to register to the seminar.
4LAW 6450 Sexuality and The Law (2,3 Credit Hours)
This course examines the impact of legal regulation in the United States on such areas as sexuality and sexual preference as intimate association, marriage, family structure, workplace discrimination, and civil rights. It also covers law relevant to transgender persons, intersex persons, and queer sexualities.
4LAW 6460 Securities Regulation (2,3 Credit Hours)
This course provides a broad overview of U.S. Federal securities law, including statutes and regulations governing the underwriting and offering process, exemptions from registration, the operation of securities markets, and the activities of securities intermediaries, such as stock exchanges and broker-dealers. The course focuses on theoretical issues, such as the philosophy of regulating disclosure; the classification of professional and retail investors; the allocation of authority among the SEC, self-regulatory organizations and other federal and state regulators with respect to financial instruments; and the scope of and limitations on private securities litigation and the SEC’s enforcement authority. Business Enterprises is required.
4LAW 6480 Large Scale Energy Projects (2,3 Credit Hours)
The core purpose of this seminar is to examine legal and contractual questions relating to large-scale energy projects here and abroad. The seminar is built around three large-scale energy projects that raise a number of legal and contractual issues: A cross-border pipeline in Europe; the decommissioning of a large nuclear power plan; and cross-border oil and gas investment in Africa. Each project is based on real projects that have taken place in the past. These projects will in all cases raise a range of complex issues which requires energy industry legal advice, whether the counsel is directed to regulatory authorities, private enterprises, non-governmental organizations, or other industry players. Topics that will be examined during the course of the seminar include: the application of state, local, and national laws as appropriate; the application and impact of international law, including the UN Law of the Sea Convention and bilateral and multilateral investment treaties; and the role of contractual terms most commonly used in the energy industry sectors and projects that will be the focus of the seminar. Students will prepare legal memoranda on a variety of legal and contractual issues relating to the projects examined in the class.
4LAW 6490 Immigration Detention&Removal (2 Credit Hours)
This course will teach students the process and laws applying to detention and removal defense of immigrants. Topics will include the authority to detain and eligibility for release, classification of immigrants, grounds of inadmissibility and deportability and defenses against removal. The course is taught by Homero López, Jr., Director/Managing Attorney of Immigration Services and Legal Advocacy (ISLA) in New Orleans.
4LAW 6500 Negotiating M&A Transactions (2 Credit Hours)
This course is designed to give students an introduction to the real world experience of the deal making process, from the first contact between the parties to drafting and negotiating the documents that govern transformational corporate transactions. Over the course of the semester, we will break down the main agreements involved in a hypothetical deal with a view to developing a fundamental understanding of how those components interact with the overall business arrangement and deal dynamics. You will analyze and learn to understand how the key provisions of these transaction agreements are negotiated with the goal of maximizing value for the client and appropriately allocating risk among the parties to a deal. We will also discuss the less tangible aspects of deal making that take place outside of the four corners of the transaction agreements but are no less important. Specifically, we plan to discuss the economic and personal motivations of the various parties involved and the psychology and group dynamics of a deal process. As the deal world is an ever changing environment, we’ll look to bring current real world examples into the classroom. Students will participate in out-of-class group and individual practice assignments, including drafting (or “marking up”) transaction documents and negotiating key issues in the context of a prepared fact pattern. Students will also participate in an off-campus mock negotiation of a deal term sheet at Jones Walker, LLP’s office downtown.
4LAW 6520 Sports Law: Antitrust & Labor (3 Credit Hours)
This course examines how the antitrust and labor laws apply to the unique relationships in the sports industry. The course focuses on the ways the antitrust and labor laws have shaped virtually every aspect of professional and amateur sports – ranging from salary caps and age restrictions to television deals and team relocations.
4LAW 6540 Sports Law: Int'l & IP (2,3 Credit Hours)
This course examines the application of a variety of different areas of law—including intellectual property, contracts, torts, and constitutional law— to the sports industry. The course emphasizes intellectual property law and issues relating to the ownership of “data” produced by sports leagues, teams, and athletes. In particular, the course focuses on right of publicity and trademark law. This course will also examine a variety of legal issues that arise in collegiate, amateur, and international sports.
4LAW 6580 Statutory Const. Interpr (3 Credit Hours)
Statutory interpretation is one of the most important subjects you can take in law school. Statutes (and administrative regulations) are pervasive in today’s legal society; they will govern whatever area of law in which you choose to practice. Knowing how to understand statutory language, any written legal language, is a critical legal skill. This course will help you develop the fundamental skills involved in reading, interpreting, and applying legal language. We will explore how laws are created and who earns deference when interpreting those laws. We will study the theories and canons of statutory interpretation; but, more importantly, we will learn how to use the theories and canons to council clients effectively and win cases. Interpreting written legal language is not a precise science; rather the “rules” are somewhat malleable; and therein lies the opportunity for the advocate. We will put your skills to the test by resolving problems similar to ones that lawyers face daily.
4LAW 6620 Sust Energy Law & Policy (2,3 Credit Hours)
This course focuses on environmental sustainability in the energy sector from a legal perspective. Given that we all share the common problem, and try to come up with the best possible solution to answer the challenge of combatting climate change, understanding different tools adopted in different jurisdictions is central in developing — and improving — the policies and implementing measures given the diversity of experiences across the globe. Therefore, the course adopts a comparative approach to examine different regulatory alternatives that can be introduced to reduce the harmful greenhouse gas emissions in particular in the energy supply side in order to enable a more sustainable energy future. While the emphasis will be placed on the power sector given its overall contribution to the greenhouse gas emissions, building, transport and end-use sectors are also examined to a lesser extent.
4LAW 6660 Tax: Partnerships (2,3 Credit Hours)
The course explores the federal income tax concepts of “pass through” or conduit taxation. Partnership tax topics include choice of entity decisions, partnership formations, asset contributions, liability assumption, distributions, operations, transfer of partners’ interests, special allocations of tax attributes, partnership interests received for services, special basis adjustments, and analysis of the entity and aggregate approaches found in the law. Also included is an introduction to the study of the law of S-Corporations and how it compares to the taxation of partnerships. (3 Credits)
4LAW 6680 Tax Policy Seminar (2,3 Credit Hours)
This seminar focuses on selected topics pertaining to the legal, economic and political considerations involved in the formulation and implementation of federal tax policy. Topics may include the choice of the tax base, income versus consumption taxes, the taxation of business and investment, taxation of the family, and taxation of wealth transfers. Income Tax is a prerequisite for this class. The grade will be based on class participation and a seminar paper.
4LAW 6690 Tax: Corporate Tax (3 Credit Hours)
The course provides a basic overview of regular "C" corporations. Using a transactional approach, the course traces the life of a corporation from formation through distributions to liquidation. Income Tax is a prerequisite for this class.
4LAW 6710 Tax:Research In Taxation (3 Credit Hours)
Tax research consists of the examination of tax questions through the following process: (1) identification of pertinent issues; (2) determination of proper authorities; (3) evaluation of the strength of the authorities; and (4) application of these authorities to the specific fact situation. Through the use of a series of assigned research projects, students will be given an opportunity to survey significant areas of the Internal Revenue Code, gain an awareness of developing tax issues, and develop a capability in tax research. Based on the cases presented, the student will be asked to analyze the facts, identify the tax issues, locate appropriate authorities, evaluate those authorities, develop conclusions and recommendations, and communicate the findings in the form of an opinion letter, a protest, or a memorandum. A final research paper on a tax topic chosen by each student will be combined with the assigned research projects and credit for class attendance to determine the final grade. Each weekly class session is dedicated to tax research techniques and a survey lecture of the general area of tax law covered by the specific case then under consideration. The course is a Business School course, cross-listed with the Law School. Income Tax is a prerequisite.
4LAW 6720 Tax: International Tax (3 Credit Hours)
This course introduces the United States taxation of U.S. and foreign persons engaged in international activities. Topics surveyed will include both inbound transactions (i.e., the U.S. taxation of foreign persons and foreign investments in the United States) and outbound transactions (i.e., the U.S. taxation of U.S. persons and businesses earning income outside of the United States). Specific topics may include: residency and domicile; source rules for income and deductions; taxation of businesses and nonbusiness income of foreign persons; mitigation of double taxation of income of U.S. residents; anti-deferral regimes aimed at limiting deferral of income by U.S. persons; the principles and application of U.S. tax treaties; and transfer pricing. Income Tax is a prerequisite for this course, except with permission of instructor.
4LAW 6730 Tax: State & Local Tax (2 Credit Hours)
This course explores the state and local taxation of entities and individuals, focusing on multi-state taxation and overall tax planning strategies to minimize or eliminate multi-state tax liability. In this course, we will examine the concept of “nexus” (when a taxpayer or transaction is subject to the taxing jurisdiction of a state or locality), both as it has been understood historically, and in light of technological advances that have made remote business operations increasingly practical. We will also address the unique state and local tax issues created by the growth of “e-commerce” and the financial impact on state and local tax jurisdictions administering tax laws developed in the context of local business operations. Finally, we will discuss and analyze business activity taxes and sales and use taxation in detail, and will also cover very generally franchise, capital stock and gross receipts taxes, and property taxation, as time permits.
4LAW 6750 Tax: Nonprofit Sector (2-3 Credit Hours)
This course covers an important "third" sector of the American economy - responsible for an estimated 15% to 33% of the nation's gross domestic product - that is not otherwise dealt with in the law school curriculum and which represents a distinct legal discipline. This course will of particular value to those students who may become involved in nonprofit and charitable entities as directors, trustees, legal counsel or volunteers. Coverage will focus upon the roles of philanthropy and the nonprofit sector in society, as shaped by the requirements and limitations applicable where exemption from taxation are desired. Specific topics will include: a historical and policy-based examination of the nonprofit sector and philanthropic motivations; the formation, operation, and dissolution of nonprofit entities; corporate governance of nonprofit entities, including issues of compensation, liability, and fiduciary responsibility; an analysis of the requirements for exemption from federal income taxation, including the prohibition on private inurement and restrictions on lobbying and political campaign activities; the commercial and competitive activities of nonprofit entities; the tax on unrelated business income; private foundation status; charitable gifting and solicitation; and current trends affecting the nonprofit sector. This course is in many ways a survey course, consisting of an equal balance between the corporate, fiduciary and tax considerations that are essential to an understanding of the legal issues affecting this sector.
4LAW 6760 Title IX (2 Credit Hours)
This course focuses on one of the most important laws impacting American educational institutions, Title IX of the Education Amendments of 1972. We will start with a brief discussion of the history of higher education law generally, including the deference courts routinely showed to colleges and universities and how that has changed over the years. We will then shift our attention to the passage of Title IX and how that law applies in three contexts: academic employment, school-based athletics, and student affairs. We will also focus on the primary contemporary legal issues colleges and universities are dealing with, including sexual misconduct and the treatment of transgender students.
4LAW 6770 Terrorism/Countertersm (3 Credit Hours)
Terrorism is a term that is invoked quite often by governments and private actors to label acts of individuals or groups that they view as unacceptably cruel and destructive. However, there is often deep disagreement as to what acts are properly designated as terrorist acts and whether the label should be attached to the action of states as it is to the action of non-state actors. The term’s popularity is inversely related to its clarity. This seminar has three purposes. First, it will explore the elements that go to define actions and behaviors we should deem terrorist. The purpose here is to develop a description of terrorism that is precise as well as capable of being endorsed by a diverse international community. Second, the seminar will examine selected institutional responses to the phenomenon of terrorism. Third, it will explore the role human rights play (or should play) in shaping the nature of counterterrorism responses. Students will be expected to produce a research paper on any aspect of the subject matter, but they would need to talk to the instructor before settling on a topic. The grade will be mainly based on the research paper, but the quality of the oral presentation may improve or negatively affect the grade and so may the quality of class participation.
4LAW 6780 Transnational Law (2 Credit Hours)
The rapidly growing number of disputes involving foreign parties and transactions present distinct problems that do not arise in purely domestic litigation or arbitration. The course will address these problems and the emerging solutions as developed by American courts, and it will compare these developments with approaches that prevail in other legal systems. Areas that will be covered include the extraterritorial application of U.S. laws, taking evidence abroad, personal jurisdiction over foreign defendants, and the enforcement of foreign judgments.
4LAW 6790 Intl Energy Investment Protect (3 Credit Hours)
International investment protection is particularly important for energy activities. This is true for all segments of the energy value chain from upstream to downstream energy. It is a national and an international issue. Looking at various treaties and agreements as well as real disputes from around the world, this course covers all the main elements of energy investment protection. The objective of the course is to introduce the students to various investment protection methods. The classes examine both treaty and contract based investment protection. It will also cover both investment treaties and Host Government Contracts and Inter-Governmental Agreements used for upstream, pipeline and downstream investments. In addition to the theoretical and more abstract parts, the course will also use several case studies as learning material. The students will be exposed to real contracts and real treaties.
4LAW 6810 Venture Capital (1,2 Credit Hours)
This course examines the contracts by which a new business with high potential obtains necessary resources, the legal rules which motivate and constrain those contracts, and some of the disputes which have arisen from such contracts. Although the title refers to financial resources, the course will consider contracts to gain other resources such as talent and intellectual property. Performance will be assessed by an examination. There will be a requirement for attendance and preparation.
4LAW 6820 Trademark Law (2,3 Credit Hours)
This course picks up where IP Survey left off. Advanced topics in trademark are covered, along with key concepts related to the use of those trademarks in advertising law. Topics include foreign trademarks, false advertising, deception, omissions and disclosures in advertising, brand protection, and many others. IP survey is required for all participants (no waiver). Students who previously took copyright/trademark may enroll in trademark and advertising law.
4LAW 6840 Transnational Litigation (3 Credit Hours)
The rapidly growing number of disputes involving foreign parties and transactions present distinct problems that do not arise in purely domestic litigation or arbitration. The course will address these problems and the emerging solutions as developed by American courts, and it will compare these developments with approaches that prevail in other legal systems. Areas that will be covered include the extraterritorial application of U.S. laws, taking evidence abroad, personal jurisdiction over foreign defendants, and the enforcement of foreign judgments.
4LAW 6860 Environmental Litigation (1 Credit Hour)
This is a theory and practice course covering the major components of an environmental case up to trial including: substantive and procedural law, investigations, claims/defenses, discovery and depositions, experts and science, and motions . Grading will be based on written and oral exercises; no examination. It is taught by William Goodell a sole practitioner specializing in environmental and toxic damage litigation. Mr. Goodell is principal of the Goodell Law Firm, was formerly Louisiana Assistant Attorney General for Environmental Enforcement, and also taught the Environmental Trial Advocacy and Deepwater Horizon Seminar courses at Tulane. This course is the former Toxic Tort Litigation Practice.
4LAW 6880 US Constitutional History (3 Credit Hours)
This course will cover U.S. constitutional history from 1787 to the present, concentrating on the evolution of the main institutions and structures of government and their relationship to the leading political eras and regimes in American history. Although the course will not cover issues of rights, we will address the history of the civil rights movement, especially as it relates to structural issues such as federalism. We will use a main text of primary source materials and at least two additional books, so students should expect a substantial amount of reading. There will be a take-home exam based on the course readings. The exam will be a unique “take home”, done during the regular semester in the manner of a research paper, then due on the last day of class and graded anonymously.
4LAW 6890 Urban Change & Development (2 Credit Hours)
Urbanization is arguably the dominant demographic feature of our age. Indeed, not only are we now a majority urban planet, the UN estimates that by 2030, nearly 80% of the world’s population will be urban. Unsurprisingly, this rapid change is generating a wide range of social, economic, political, environmental and legal problems. This intensive, two-credit course will examine the public policies, sociopolitical processes and possible legal reforms necessary to make more urban settlements livable such that more people can lead productive, safe lives. The approach will be transdisciplinary, seeking to determine the main nature, characteristics, causes, and implications of urban change today. Case studies and examples will be drawn from many continents and different country contexts, although the focus will be on Latin America. Unlike other parts of the developing world, Latin America was heavily urbanized before any other major geographic region. As such, the region has been profoundly marked by combined patterns of sociospatial segregation, socioenvironmental impact and sociopolitical exclusion, as well as widespread land and housing informality. The course will place special emphasis on the role historically played by the legal-institutional order, especially regarding overall conditions of urban land governance. Moreover, the course will discuss the nature, dynamics and aspirations of growing socipolitical processes and disputes that have laid claim for urban reform through institutional and legal change. In this, the course will allow students to explore the notion of the “right to the city”, which seeks to integrate the key principles of the social value of property and democratic urban management. There will be a take home final exam for this course.
4LAW 6920 Wealth & Publc Policy (3 Credit Hours)
This seminar considers wealth and income distribution in connection with public policies in a democracy. It examines various ways government can achieve its goals such as directly through spending programs (e.g., subsidies), through laws and regulations, and indirectly through tax expenditures that lower tax liability by giving special treatment in the form of deductions, exclusions and credits (such as the home interest deduction or the adoption and energy credits). Topics range from general philosophical questions about fairness and inequality to current political issues such as education and housing. The seminar focuses on federal policies in the United States but uses some international and American state data for perspective. Students are expected to come to the first class with one or two general ideas for a paper involving wealth and/or income distribution and public policy. Although the materials—and class discussion—focus on United States federal government policies, the research paper need not be limited to the federal level.
4LAW 6930 WTO Seminar (2,3 Credit Hours)
This seminar explores the fundamentals of international trade practice in the World Trade Organization (WTO). After reviewing the economic foundations for international trade and the historical underpinnings of the WTO system, our primary focus will be on the texts of the WTO agreements and the international legal practice surrounding the WTO dispute settlement system. This course is taught by Edward T. Hayes, a partner at Leake & Andersson, LLP.
4LAW 6940 Law and Gender (3 Credit Hours)
Using gender as a paradigm for thinking about law, this course examines sex-based discrimination from a variety of perspectives in substantive areas of law that influence the lives of women and men. It covers issues of formal equality in employment, equal opportunity in education, substantive equality through affirmative action and pay equity, pregnancy, parenting, sexual orientation, sexual harassment, family law, domestic violence, pornography, prostitution, rape, and reproductive choice among others.
4LAW 6950 Domestic Violence Advocacy (3 Credit Hours)
The course will examine domestic violence in the criminal justice system and in family law, with a special focus on practical legal skills. Topics include domestic violence as a violation of criminal law, civil rights, international human rights and as a tort, and the role of domestic violence in divorce law and custody. While examining the issue systemically, students will also learn important practice skills through simulated role plays and demonstrations. Students will take a mock deposition, perform cross-examinations, and oral arguments.
4LAW 6990 Wrongful Convictions (3 Credit Hours)
This course is intended to provide students with an overview of the issues and case law related to wrongful convictions. The goal of this course is for students to gain an understanding of this dynamic and ever-growing area of law but they will do so with significant real-world context. Topics studied will include habeas corpus, ineffective assistance of counsel, police and prosecutorial misconduct, the reliability of eyewitness testimony, forensic and DNA evidence, and others. The cases will be studied from across the country with occasional international examples. However, we will examine local examples, (Louisiana, Mississippi, and Texas) in most of the topic areas we cover.