Courses of Instruction (Numerical)
Not all listed courses are offered each semester. Periodically, other courses are offered. Descriptions of these other courses will be posted on official bulletin boards. Unless otherwise noted, all law courses carry the prefix "JURI."
4010. Civil Procedure: Jurisdiction . 3 hours.
This course focuses on the scope and nature of courts’ constitutional and statutory authority to decide cases. Topics include statutory and constitutional constraints on judicial power to render an enforceable judgment against a defendant, subject-matter jurisdiction in federal court, venue, and the determination of the applicable law in certain federal cases under the Rules of Decision Act, the Rules Enabling Act and the famous Erie doctrine. Issues of separation of powers, federalism and forum shopping are also discussed.
4020. Civil Procedure: Anatomy of a Lawsuit. 3 hours.
This course focuses on the life cycle of a lawsuit in federal court, with principal reference to the Federal Rules of Civil Procedure. Topics include pleading and the rules governing the content (and timing) of pleading-based defenses, joinder, discovery, summary judgment, trial and post-trial motions, and the constitutional right to a jury trial. Also addressed is the preclusive effect of final judgments. The course also deals with rule and constitutional interpretation and analysis of the strategic decisions litigators must make throughout the life of a case.
4030, 4040. Contracts and Sales I and II. 3 hours each.
An introduction to the law of legally enforceable promises including offers and their acceptance; duration and termination of offers; consideration; requisites of contracts under seal; parties affected by contracts; parole evidence rule; statute of frauds; performance of contracts; effect of illegality; discharge of contracts.
4050. Criminal Law. 3 hours.
The historical development of criminal law as well as the analysis of the necessary elements of crimes and the consideration of the principal classes of crimes.
4070, 4080. Legal Research & Writing I and II. 2 hours each.
An intensive one-year course in legal bibliography, research methods, and writing. Instruction is by lecture and clinical methods, with assignments including library exercises, memoranda, and an appellate brief (with oral argument). Assignments are supervised and critiqued. Introduces concept of authorities and analysis of authorities, as well as research and technical writing forms.
4120, 4130. Torts I and II. 3 hours each.
These courses explore the basic principles underlying the law of civil liability for conduct causing damage to others. Topics include intentionally inflicted harm to a person's physical or emotional well-being, negligently inflicted harm and liability resulting from use and misuse of products.
*First-year students are also required to take one elective for 3 or 4 credits during the spring semester. Property and Consitutional Law I will always be offered as first-year electives. Other electives may also be offered, but Property will be the only elective offered for 4 credits.
OTHER REQUIRED COURSES
4300. The Law and Ethics of Lawyering. (formerly Legal Profession). 3 hours.
This course deals with the ethical and legal principles that govern the legal profession. Topics covered include, among others, the attorney-client relationship, the duty of confidentiality, the attorney-client privilege, conflicts of interest, ethics in advocacy, ethical issues in representing organizational clients, admission to practice, and advertising and solicitation. Particular emphasis is given to the Model Rules of Professional Conduct and the Restatement of the Law Governing Lawyers.
4090. Property. 4 hours.
This course addresses the recognition, development, and regulation of rights in real property and personal property, including the nature and function of possession and title, shared ownership, private and public rights, and transfers of property.
4180. Constitutional Law I. 3 hours.
This course addresses the meaning and impact of the Constitution of the United States, particularly with regard to the subjects of federalism, separation of powers, the judicial function and due process of law.
UPPER LEVEL CORE CURRICULUM
Most second-year students develop their programs around the following offerings, but none are required. Second-year students may also choose from elective courses.
4190. Constitutional Law II. 3 hours. Prereq. JURI 4180.
This course focuses on constitutional protections of liberty and equality apart from protections that stem from principles of substantive and procedural due process. Subjects typically covered in the course include the Contract Clause, equal protection, freedom of expression, the right to free exercise of religion and the prohibition of laws respecting an establishment of religion.
4210. Corporations. 3 hours.
Examination of problems in the organization and functioning of a corporation, including such matters as disregard of the corporate entity, management and control, federal regulation of insider trading, proxy solicitation and shareholder voting, derivative actions, and special problems of the close corporation.
4250. Evidence. 4 hours.
Covers rules governing admission and exclusion of testimony, documents, exhibits, expert proof and experiments in criminal and civil cases. Also concerned with mechanics of proof, proper form of objections, order of proof, and burden of proof in criminal and civil trials. The subjects of hearsay, relevancy, character evidence and the law of witness impeachment and cross-examination are explored in detail.
4280, 4290. Trusts and Estates I (prereq of JURI 4090) and II (JURI 4280 is prereq for JURI 4290).
3 hours each. Substantive and procedural rules concerning holding and gratuitous disposition of wealth, including intestate succession, wills, will substitutes and inter vivos and testamentary trusts; substantive law of express and charitable trusts; remedies for wrongs relating to disposition of wealth; fiduciary powers, duties and liabilities; construction problems relating to future interests and powers of appointment.
5120. Federal Income Tax. 4 hours.
Introduction to policy and practice of federal income taxation of individuals, including determination of gross income, allowance of deductions and credits, sales and dispositions of property, capital gains and losses, and problems of attribution of income.
OTHER COURSES AND SEMINARS
The following courses may be taken in the second or third year. Space allocation is based on the law school's registration point system described in registration materials.
4000. Unincorporated Business Associations. 2 hours.
This course deals with the agency relationship and provides an introduction to partnership, limited liability partnerships, and limited liability companies. In addition to a final exam, students will engage in several exercises designed to provide future transactional lawyers with the basic skills to help clients structure their business relationships to achieve the client's business and financial goals.
4135. International Product Liability Seminar. 2 hours.
This seminar will focus on current issues in the tort field, such as tort reform, medical malpractice policy, facets of products liability litigation, torts and terrorism etc.
4143. Mass Tort Litigation. 3 hours.
This course focuses on the legal problems and issues associated with the unique, growing phenomenon of mass torts, e.g., the B.P. Oil Spill, the 9/11 litigation, tobacco, Agent Orange, Dalkon Shield, breast implants, asbestos personal injury litigation, Holocaust litigation etc. We will examine such issues as consolidation of state and federal litigation in one forum, judicial determination of who should appropriately manage the litigation for both plaintiffs and defendants, how courts determine legal causation, strategic and ethical considerations for plaintiffs and defendants, strategies for litigation funding, alternatives to judicial resolution, and issues associated with Congressional intervention. This class will explore the overriding question of whether the courts can dispense individual justice in cases involving thousands of litigants.
4150. Appellate Advocacy. 2 hours.
This course is designed to help students become successful appellate advocates. Students will be presented with a hypothetical appellate problem from which they will prepare a brief and oral argument. Each student must select (or be assigned), a teammate for the brief writing and oral argument components of the course. The briefs will be entered in the Talmadge Best Brief Competition and students are required to participate in the first two rounds of the Talmadge Moot Court Competition. Students will also be required to compete for a position on the interscholastic Moot Court Team. Grades will be based on evaluations of the following items: (1) appellate brief, (2) videotaped argument, (3) competition argument, and (4) writing exercise(s). Limited to 2L students.
4155, 4156. Appellate Litigation Clinic I & II. 3 hours each
This clinic is designed to train students to be appellate litigators. It is a year-long clinic. Credit for the first semester generally requires participation in the second semester.. It is open only to third year law students. Students will get three credits for each semester, and the class will meet for one two-hour seminar per week. The first semester will be pass/fail, and the second semester will have the traditional grading system. The clinic will essentially operate as a small firm and will accept clients with cases before both federal circuit courts of appeals and the Board of Immigration Appeals. Students will work in teams of two or three to review the record of the case, identify the issues that should be raised in the appeal, draft the briefs (both opening brief and reply brief), and do the oral argument if permitted and if oral argument is scheduled. This clinic will require a significant time commitment, particularly around the time that briefs are due and oral arguments are scheduled. Briefing schedules for the different teams will vary. The subject matter of the cases before the Courts of Appeals will vary. Obviously, the cases before the Board of Immigration Appeals will be immigration cases (primarily appeals of deportation orders). Enrollment in the clinic is by application only.
4157. Appellate Litigation Clinic – Summer Semester. 2 credit hours.
This course picks up where the Appellate Litigation Clinic II leaves off in the spring semester. Students will draft petitions for certiorari in cases where the Circuit Courts of Appeals have denied our clients relief, prepare clemency petitions to the Office of the United States Pardon Attorney when appropriate, and write merits briefs to the Circuit Courts of Appeals and Board of Immigration Appeals for any cases still pending at the appellate court level during the summer term. Overall, the course will teach students the intricacies of appellate practice, including how to write persuasively, how to communicate with clients, and how to learn and follow the applicable procedural rules.
4160. Advanced Writing Seminar: Appellate Practice. 3 hours.
Provides advance instruction in legal research and legal writing. The course, for second or third year students, focuses on training and experience in the practical skills of researching and writing a state court and a federal court brief. Each student also presents oral argument for each brief. The class material covers state and federal appellate procedure as well as guidance on legal writing style, grammar, organization, editing, and citation form.
4177. Consumer Law. 3 hours.
This course considers numerous legal issues concerning consumers’ commercial transactions, including the following key topics: disclosure of information to consumers, consumer credit, predatory-lending prohibitions, consumer-credit reporting, privacy related to consumer transactions (both online and offline), consumer-product warranties, debt collection, and dispute-resolution methods.
4185. Comparative Constitutional Law. 2 hours.
This course examines how democratic systems of government deal with the problem of balancing the civil rights and liberties of individuals against the power of legislative majorities to govern. It does so by considering how different constitutional texts, governmental structures and social and legal traditions shape juridical responses to common questions about rights. The course will begin with a basic introduction to the legal systems of various countries. The readings will include hate speech cases from Germany, Israel and the United States; religious freedom cases from Turkey, France and the United Kingdom; abortion cases from Germany, France and the United States; and political speech cases from Israel and Turkey. Students will be evaluated based on class participation and a final paper. The course meets the substantial writing requirement.Students participating in the 2013 Oxford Program may not enroll in this course .
4196. Constitutional Theory. 2 hours. Prerequisite: JURI 4180.
This course will investigate the history and theory surrounding the creation and ratification of the American Constitution. Attention will focus on the work of Madison, Hamilton, and other leading thinkers at the time of the founding. Areas of study will include the Constitutional Convention, the ratification process, and the activities of anti-federalist critics of the Constitution. Readings will be drawn from both original and secondary materials, with special emphasis placed on The Federalist Papers. Student responsibilities will include regular attendance at, thoughtful preparation for and active participation in class sessions. The major determinant of the student's grade will be work done in connection with a written project concerning the founding period, to be approved by the professor and presented to the class in the final weeks of the semester. The paper will be designed to satisfy the law school’s writing requirement. . Those who have taken JURI 4573, The Federalist Papers, are ineligible for this course.
4197. The Press and the Constitution Seminar. 2 hours. Prerequisities: JURI 5576 or JURI 4190.
This seminar will take an in-depth look at the constitutional rights of the "press." Our primary focus will be on the proper interpretation of the First Amendment's guarantee that "Congress shall make no law ... abridging the freedom ... of the press." Topics of discussion will include the history of the Press Clause, the relationship between the Speech Clause and the Press Clause, the definition of the "press" under the Constitution, and the various rights and protections available to the press. Course requirements will include class participation, a presentation, and the completion of a research paper
4199. Modern American Legal Theory. 3 hours.
This is a study in the theories that animate modern legal scholarship and practice. The course surveys classic articles and book excerpts and reviews to provide a basic understanding of the dominant theoretical movements and their development.
4200. Law & Religion. 3 hours.
This course will examine the historical origin of religious liberty in the United States and the contemporary constitutional and statutory law of religious liberty. Themes will include the relationship between the Establishment Clause and the Free Exercise Clause, the influence of religion on government, and the influence of government on religion. The course will also seek to understand the American religious liberty regime by contrast with foreign regimes. There will be an eight hour take-home exam.
4211. Business Negotiations. 2 hours.
This course will focus on negotiations theory, strategy, skills, and style in the context of business transactions as well as business disputes. Students will participate in simulated negotiations and will prepare written assignments and a comprehensive appraisal in lieu of a final exam.
4215. Anatomy of an M&A Deal. 3 hours. Prerequisite: JURI 4210.
Provides overview of typical asset sale transaction and the attorney's role. Students will acquire an understanding of the transaction process and related legal and business issues. Students will review, draft, and negotiate typical transaction documents. Evaluation will be based primarily on drafting projects in lieu of a final exam.
4216 / 4217. Business Law Clinic. 4 credit (2 hrs graded, 2 hrs pass/fail). Prerequisites JURI 4300 plus (either JURI 4000 or JURI 4210) plus any upper-level drafting course.
The Business Law Clinic offers students an opportunity to develop essential lawyering skills in a professional, interactive, live-client environment. Supervised students will represent entrepreneurs, small business owners and not for profit organizations that cannot otherwise afford legal services. Services provided will relate to such matters as entity formation, corporate governance, employment and contracts. Students will learn how to interview, counsel, draft and negotiate, and will develop problem-solving, analytical and editorial skills in the context of client projects and reality-grounded class work. In addition to allowing students to learn transactional lawyering skills, the Business Law Clinic will provide clients with quality pro bono legal services, in keeping with the University of Georgia School of Law’s commitment to serving the community. Class size will be limited to eight students. The course consists of a seminar and 8-10 hours per week of supervised client projects. Consistent with Law School policy on clinical courses, two credits will be graded and two credits will be pass/fail.
4220. Landmark Cases in Corporate Law. 2 hours. Prerequisite: JURI 4210
This seminar examines approximately 10-14 landmark corporate law cases (or topics such as fiduciary duties, insider trading, shareholder voting and the business judgment rule). Students will write a paper and make a presentation.
4225. Business Reorganization in Bankruptcy. 2 hours. Prerequisite JURI 4360 or JURI 4950.
This course examines corporate reorganizations under Chapter 11 of the Bankruptcy Code, exploring key decisions made by businesses before filing, first day motions and orders, and intermediate steps that arise in a case, examining business ethical issues and negotiating strategy and elements necessary for conformation of consensual and non-consensual plans.
4256. Sentencing. 3 hours.
This course will introduce students to the evolving field of U.S. Sentencing Law. The United States has the highest documented incarceration rate in the world. At the moment, there are over 7.3 million people in the U.S. on probation, in jail or prison, or on parole. This equals 3.2% of U.S. adult residents (equivalent to 1 out of every 31 people in the U.S.). Further, 2.3 million U.S. adult residents are incarcerated (which equals 1% of U.S. adult residents). This class will broadly examine the principles and practices of sentencing. While federal sentencing law has received the most attention in recent years, particularly since the creation of the Federal Sentencing Guidelines, it is impossible to understand the current dynamics or the likely future trends of federal sentencing without also looking more broadly. As such, along with federal sentencing, this course will examine state sentencing systems and alternatives to sentencing in both the federal and state systems. Furthermore, as incarceration is the central tenet of American sentencing law, this course will introduce students to the U.S. prison system.
4261. International Intellectual Property Seminar. 3 hours. Prerequisite: Any IP course or permission of Instructor.
This seminar will explore the principles and policies supporting the international protection of intellectual property rights, as well as the sources of those rights. We will focus on the international treaty arrangements for copyright, patent, and trademark protection, as well as on questions of enforcement, jurisdiction, and choice of law. The course will also examine the function of international intellectual property organizations, recent developments in the European Union, and issues relating to establishing and enforcing intellectual property rights in less developed nations. No background in science, engineering, or international law is required for this course.
4270. International Criminal Law. 3 hours.
Examined will be the development and jurisprudence of international criminal law: its origins in post-World War II Nuremberg and Tokyo war crimes tribunals; its evolution in post-Cold War tribunals for the former Yugoslavia, Rwanda, Sierra Leone, Cambodia, and Lebanon; and its siblings, noncriminal efforts like truth commissions. A focus will be the 10-year-old permanent International Criminal Court: its core crimes and ways persons may be held liable or defend against liability; the roles of actors including ICC prosecutors and defenders, judges, victims, partner organizations like NATO and the United Nations, and countries that belong to the ICC; and the relationship between the ICC and nonmember countries like the United States.
4275. Landmark Cases in Criminal Litigation. 2 hours.
The course examines an array of notable Supreme Court criminal procedure and evidence cases by deeply delving into the litigation and surrounding stories that accompany each case. The course will cover approximately 10-14 landmark cases commonly reviewed in Evidence and Criminal Procedure I and II (Katz, Miranda, Terry, Batson, and Powell, to name a few). Students will be expected to write a paper as well as do a presentation. Laptops are not permitted in class.
4320. Administrative Law. 3 hours.
Focuses on law controlling federal and state administrative action. Along with constitutional restraints, student is asked to consider statutory and judicially formulated rules for the administrative process. Control over administrative discretion and enforced accountability are major themes. Attention is devoted to federal and state Administrative Procedure Acts.
4340. Antitrust Law. 3 hours.
When can producers cooperate, and when must they compete? Is the NFL—or NCAA—a beneficial collaboration, a consumer-harming cartel, or a hybrid of both? Antitrust law, born in the shadow of the Second Industrial Revolution’s titanic steel and oil companies, provides answers to questions such as these. The course explores the evolution of this common-law-like statutory regime, in which courts strike a dynamic balance among disparate policies, including consumer protection, allocative efficiency, and the innovation-spurring rewards of monopoly. Using major cases and enforcement-agency pronouncements, we make reasoned assessments of the probable legality of assorted business practices in varied sectors, from sports leagues to software firms, and from mining to medical care. A few basics of economic reasoning routinely appear in the cases and commentaries, so we devote some attention to them; but have no fear, it’s straightforward stuff.
4360. Bankruptcy. 3 hours.
This survey course is intended not only for aspiring bankruptcy lawyers, but to allow future litigators and corporate lawyers to become familiar with both consumer and corporate bankruptcy. Students develop competency in both liquidation and reorganization of corporations, as well as the competing elections available to consumers in bankruptcy.
4365. Contemporary Issues in Business Law. 2 hours. Prereq. JURI 4210 and/or an undergraduate degree in business, economics, or finance
This seminar examines contemporary issues that are prevalent in the regulation of business organizations and activities. At the beginning of the semester, each student registered for the class will select a research topic from a menu of choices provided by the course instructor. The student will then meet with the course instructor to discuss research plans and schedule a time for an in-class presentation of the topic. Each student is required to submit a presentation outline before his or her presentation, and a final paper on the chosen topic at the end of the semester.
4385. Legal Accounting. 2 hours.
Accounting is the language of business and knowledge of accounting is important to lawyers in various practice areas. This course covers basic accounting terminology, financial statements, accounting principles and auditing standards, financial statement analysis, and accounting issues that arise in business and the practice of law. Not recommended for students who have taken more than two accounting classes.
4390. Military Law. 2 hours.
The course will focus on the system of military justice in the United States, and its sources of authority under the U.S. Constitution, the Uniform Code of Military Justice (UCMJ), and the Manual for Courts-Martial (MCM). The course will also address the history of military justice in the United States and particularly the UCMJ since its enactment in 1951; the complementary relationship between military discipline and the UCMJ; scope of military jurisdiction; the different types of crimes established in the UCMJ; military trial practice and procedure , including a comparison between the evidentiary and procedural rules under the UCMJ/MCM and the civilian federal courts; the appellate courts established under the UCMJ; the role of the military lawyer and the organization and role of the several Judge Advocate General departments within DoD; the role of the military commander under the UCMJ; significant military cases reaching the U.S. Supreme Court and other federal courts; discussion of the use of military commissions in the Global War on Terror and a comparative analysis of military justice systems of other nations.
4420. Constitutional Litigation. 3 hours.
Addresses a number of issues arising in damages actions brought under 42 U.S.C. Section 1983, which authorizes a cause of action against persons who violate constitutional rights under color of state law. Topics covered may include distinction between common law and constitutional torts, scope of governmental liability, official immunity, damages, causation, state court suits, procedural defenses, attorney's fees, and meaning of "under color of." Suits against federal officers, under principle established in Bivens v. Six Federal Narcotics Agents, may also be discussed.
4425. Foreign Affairs and National Security Law. 3 hours. Prerequisite: JURI 4180.
Examines how U.S. law both constrains and is constrained by U.S. foreign relations and the foreign policy-making process. The course considers issues relating to separation of powers, federalism, individual rights, and the influence of international norms on US constitutional development.
4430. Copyright Law. 3 hours.
Focus is upon various methods to protect literary, musical, and artistic work under law of copyright. Copyright is a statutory subject based upon Copyright Act of 1909 and its amendments and Copyright Act of 1976. The course deals with what can be copyrighted, infringement actions, rights enjoyed by the copyright proprietor, jurisdiction and various remedies. Students in the class of 2013 and later are encouraged to take the IP Survey course before taking this course. NOTE: One cannot take the IP Survey (JURI 5050) after having taken any two of the following courses: Copyright Law (JURI 4430), Patent Law (JURI 4920), or Trademark Law (JURI 4930). If the IP Survey course is taken first, any or all three of the advanced intellectual property courses can be taken.
4441. Corporate Finance. 3 hours.
This course teaches concepts and methodologies used by corporations in major financing activities, as well as legal issues that may arise in those activities. Course materials are divided into four parts: equity financing, debt financing, valuation methodologies, and financial derivatives. For equity financing, discussions will focus on the IPO process, ADRs and GDRs, rights offerings and stock repurchases. For debt financing, discussions will focus on bond features and trading environment, bond issuance, valuation and risk management, convertible bonds, key provisions in an indenture and legal implications, characteristics of medium term notes and commercial paper programs. For valuation methodologies, discussions will focus on discounted cash flows, net present values, and dividend discount models. For financial derivatives, discussions will focus on options trading, pricing and risk management, the futures market and interest rate swaps.
4460. Criminal Procedure I. 3 hours.
A study of criminal process from pre-arrest investigation to trial. Emphasis on pretrial rights of suspects, including privilege against self-incrimination, right to be free from unreasonable search and seizure, and due process and other rights attaching to pre-trial confrontation between accused and the witnesses against him. In addition, guilty pleas will be examined.
4470. Criminal Procedure II. 3 hours.
A study of criminal process beginning with bringing of formal charges and concluding with adjudication of the guilt or innocence of the accused. Emphasis on prosecutorial discretion; preliminary hearing and grand jury procedures; joinder and severance; plea bargaining; criminal discovery; right to speedy trial, assistance of counsel, confrontation, and trial by jury; double jeopardy; and sentencing. Criminal Procedure I is not a prerequisite.
4500 / 4501L. Criminal Defense Clinic II. 4-6 hours. Prerequisite: JURI 5170.
This course is open only to third year students who have taken at least one semester of Criminal Defense Clinic I. Students in this course continue to work with individual attorneys in the Western Circuit Public Defender Office in Athens. Placement in other PD offices in Georgia are available in the summer only. The Criminal Defense Clinic offers an immersion in the criminal justice system from the perspective of a public defender office. Attorneys in the PD office are full-time criminal defense lawyers and therefore are specialists. All of their work concentrates on criminal defense on behalf of indigent clients. Students assist with all aspects of the representation, and as third year students practicing under Georgia's Third Year Practice Rule, students handle preliminary hearings, bond hearings, pre-trial motion hearings such as motions to suppress, trials, pleas, sentencings and probation revocation hearings, and assist with all of the factual and legal investigation which is necessary to effective legal representation. There are no other pre-requisites, but Evidence and Criminal Procedure I are strongly recommended, and a Trial Practice course or Mock Trial experience can be helpful. (4500 is the graded portion of the course, and 4501L is the pass/fail portion. Register for both when registering for this course.)
4550. Remedies. 3 hours.
Remedies is a transubstantive course that crosses the traditional boundaries within private law, and between private and public law. The course requires students to reconsider from a new perspective the fundamental tort, property and contract law doctrines they learned in their first-year. In particular, they are asked to focus on the relief they are seeking for their clients and the alternative forms of relief that might be available. After all, remedies are the denominator common to every area of the law that imposes liability. The objective of this course is gain an understanding of the relationship between liability and remedy across many areas of the law, looking at both regularities and divergences.
4560. Estate Planning. 2 hours. Prerequisite: JURI 4280 and JURI 4590.
Planning effective and tax-efficient transfers of property interests based on client type, intended beneficiary, type of transfer, and asset type. Attention is given to preparation of estate plans and drafting of appropriate instruments. Focus on restrictions imposed by client goals, economic environment, and the law of trusts, wills, and federal taxation.
4570. Federal Courts. 3 hours.
This course will focus on the structure, jurisdiction, and powers of federal courts. Coverage will include: development of the federal court system; selection of judges; the judicial power under Article III; justiciability and the case-or-controversy requirement (standing, ripeness, mootness, political questions); the Erie doctrine; federal common law; challenges to jurisdiction; federal question jurisdiction; diversity jurisdiction; venue and transfer; special problems of removal jurisdiction.
4573. The Federalist Papers. 2 hours. Pre-requisite JURI 4180.
This course focuses on the framing and ratification of the United States Constitution and the role of The Federalist Papers in that process. This class will NOT satisfy the writing requirement.
4585. The Supreme Court: Current Term. 3 hours. Prerequisites: JURI 4180 and JURI 4190
The Supreme Court of the United States is a unique institution with its own history, personalities and appellate practice. This course examines the Court including an in-depth look at the current nine justices. Students then argue cases from the Court's current docket and write an opinion in a case.
4588. Regulation of Information. 3 hours.
This is a study of the latest academic thinking and doctrinal development of the regulation of knowledge through information controls. From privacy to insider trading to state secrets, our law regulates information to prevent the harms arising from undesirable distributions of knowledge.
4590. Estate and Gift Taxation. 3 hours. Prerequisite: Either JURI 4280 or JURI 5120 AND JURI 4090.
Focuses on federal tax law and policy affecting the transfer of wealth, including the gift tax, the estate tax, and the generation skipping transfer tax. Statutes, regulations and interpretative materials and their application to hypothetical problems are addressed to lay a foundation for the study of estate planning.
4600. Corporate Tax. 3 hours. Prerequisite: JURI 5120
Taxation of corporations; taxation of shareholders and corporations on formation of the corporation, distributions from the corporation to shareholders, redemption of stock and liquidation of the corporation; taxable acquisitions and tax free reorganizations; Subchapter S.
4620. Georgia Practice and Procedure. 3 hours.
An advanced course in Civil Procedure. Explores in depth the Georgia Civil Practice Act and Long-Arm Statute, as interpreted by Georgia appellate court decisions, along with selected constitutional and statutory provisions allocating jurisdiction among trial courts, venue, and validity of judgments.
4625. Solo & Small Firm Practice. 2 hours. This course is limited to 3L students only.
This course provides a roadmap for the new lawyer to establish a solo law practice or to join with other lawyers in creating or expanding a small law firm.
4630. Insurance Law. 2 hours.
Survey of law governing insurance and insurance litigation. The course will include a review of current and recurring issues in liability insurance, including commercial general liability insurance, professional liability insurance, directors and officers insurance, and umbrella and excess insurance. Within this context, coverage for subjects such as environmental claims, construction defect claims, and claims against corporate officers and directors for breach of fiduciary duty and mismanagement will be discussed. The course will also include a review of current and recurring issues under property policies and life insurance policies. Within this general context, the course will also survey emerging insurance coverage issues, such as coverage for cyber liability claims and claims related to alleged climate change. The course will have a two-hour open book in-class exam.
4640. Public International Law. 3 hours.
This introductory course will examine the doctrine, theory, and evolution of International Law. Once focused narrowly on relations between nation-states, the field now encompasses myriad legal norms and mechanisms regulating the global activities not only of states, but also of human beings, corporations, and intergovernmental and nongovernmental organizations.
4645. Laws of War. 3 hours.
Examined in this course will be laws and customs intended to regulate war - not only when and whether law permits resort to armed conflict, but also national and international legal rules and regimes governing how war is to be waged and when actors may be sanctioned for violating those rules.
4670. International Human Rights. 3 hours.
Study of international human rights law and international and regional organizations, states and private actors in field. Examines instruments and institutions forming sources of human rights law (UN system, including Charter and treaties, European, African and Inter-American human rights regimes), role of NGOs and interaction between domestic and international law.
4675. International Business Transactions. 3 hours.
This course will examine the legal regime governing a variety of international business transactions. Topics include international sales, international finance, and anti-corruption legislation.
4710. International Taxation. 2 hours.
Considers role of American lawyer acting as tax planner in context of transnational business transactions; U.S. income taxation consequences of foreign corporations and individuals doing business and investing in U.S.; similar tax consequences of American companies and individuals doing business and investing in foreign countries.
4720. International Arbitration. 3 hours.
This course will examine the legal regime governing international commercial arbitration. Topics will include the enforcement of arbitration agreements, arbitral procedure and the enforcement of arbitral awards. The course also will consider how to draft arbitral clauses.
4745. Children & International Law Seminar. 2 hours.
Many aspects of international law concern issues related to children. The 1989 Convention on the Rights of the Child contains a catalog of ways that countries have pledged to protect children. Other treaties deal with specific topics; for instance, intercountry adoption, cross-border abduction, child labor, trafficking in children, and recruitment and use of child soldiers. The obligations set forth in those treaties are implemented both in national legislation and through global institutions including the United Nations, the International Labour Organization, and the International Criminal Court. This seminar will explore these developments at the intersection of family, labor, criminal justice, and international law. Grading will be based on students' research papers, which can satisfy the Advanced Writing Requirement.
4750. Children in the Legal System. 3 hours
This course will focus on the legal status, rights, and disabilities of children in the American legal system. Initial emphasis will be on the condition of children in America, the development of the juvenile and family courts, and the development of children's constitutional rights in the home, in school, and in public. Significant attention will then be given to issues concerning child welfare, medical treatment, and juvenile delinquency. Other subjects that may be covered include status-based offenses and the representation of children. Grading will be based heavily on class participation in addition to a final examination.
4755. Lawyering for Children. 2 hours.
This seminar will explore the responsibilities of lawyers for children and the factors that influence their interactions with child clients and lawyering decisions. We will focus on representation in child welfare, status offense, delinquency, and criminal cases. This course will not emphasize substantive law but rather lawyering theory and methods resulting from legal, social, policy, practical, and ethical considerations. Source materials may include judicial opinions, statutes, model rules/standards, scholarly research, case studies, and other materials, both legal and non-legal. Grading will be based on satisfaction of the advanced writing requirement as well as class participation, including weekly responses to the readings and acting as a class discussion leader.
4760. Labor Law. 3 hours.
Examines National Labor Relations Act, focusing on history and evolution of labor relations laws, union organizational activity, collective bargaining, economic weapons, the duty of fair representation, and federalism and labor relations.
4765. Corporate Responsibility. 1 hours.
The great economist and Nobel Laureate Milton Friedman famously stated that a corporation has "one and only one social responsibility - to increase its profits." Is this true today? As evidenced by the passage of the landmark Dodd-Frank legislation in 2010, the conduct and performance of several of America's leading corporations in recent years have seriously undermined confidence in U.S. businesses and their leaders. This course will explore contemporary trends in corporate governance and will examine whether a responsible corporation can integrate relevant societal concerns, such as environmental matters, and actually strengthen long-term shareholder value and the sustainability of both the corporation and the society in which is exists.
4770. Labor Arbitration. 2 hours.
This course is organized in three distinct parts. Part 1 will explore the historical and legal development of labor arbitration and its relationship to collective bargaining. Part II will address common issues including evidence, discipline and discharge, and contract interpretation. Part III will consist of three simulated, mock arbitration hearings. In each mock arbitration, students will take on the role of union counsel, management counsel, and arbitrator. Counsel will write post-hearing briefs and arbitrators will write awards. There is no final exam in this course. Student grades will be based on a combination of class participation (10%), and the 3 mock arbitrations (25% for the first, 30% for the second, and 35% for the third.) Grades for the mock arbitrations will be based on post-hearing briefs by the advocates and decisions by the arbitrators in each mock arbitration.
4780. Real Estate Transactions. 3 hours. Prerequisite JURI 4090.
Residential and commercial real estate transactions, including contracts of sale, brokerage arrangements, deeds of conveyance, the recording system, and methods of title assurance; financing of real estate acquisition, including installment land contracts, mortgages, and other financing methods.
4790. Land Use. 3 hours. Prerequisite JURI 4090
Analysis of the legal and administrative aspects of the regulation of land use for development and the problems and techniques of urban planning. Particular attention is given to zoning, subdivision controls, public acquisition of land and urban redevelopment.
4820. Sociology of Law. 3 hours.
Characterized by a scientific rather than normative emphasis, legal sociology focuses on empirical patterns of legal behavior, such as initiation and winning of law suits, origins and content of rules, and the development of legal institutions. Most literature has addressed case-level variation and the course will reflect this. But instead of analyzing cases in terms of the applicable rules and policies, lectures and readings will invoke the social characteristics of participants (e.g., social ties, status, marginality, reputation and organizational affiliations) to predict and explain case outcomes. Sociological techniques by which social differentials in cases (discrimination) might be minimized will also be studied. Modern American materials will be emphasized.
4821. Race and Law. 3 hours.
This course takes a Critical Race Theory perspective on legislative and judicial treatment of racial issues in the United States. The reading emphasizes the historical treatment of racial minorities, starting with Native Americans and the beginnings of racially defined slavery and continuing through the post civil war constitutional amendments, legally enforced racial segregation, the civil rights movement, and the post-civil rights jurisprudence of the modern era. The classroom approach is a mixture of lecture and discussion.
4822. Sexuality and the Law. 2 hours. Prerequisite: JURI 4190
Examination of laws and regulations relating to sexual orientation and sexual identity, and the effect of laws on homosexuals and members of other sexual minorities. Focuses on relevant constitutional law (e.g., equal protection, due process, privacy, political, and First Amendment rights), family law, property law, immigration law and federal, state and local laws protecting, or discriminating against, sexual minorities. In the process, the course will examine how social mores and changes are reflected in laws and legal developments, and vice versa. This course will also present a practical guide to representing sexual minorities by offering creative approaches to couples and individuals whose needs are not recognized under current legal paradigms. Course will incorporate historical, comparative, international and scientific perspectives where appropriate.
4825. Election Law. 3 hours.
Examination of the law regulating our political process, and consideration of how those regulatory choices shape substantive policy outcomes. The course covers campaign finance regulation, redistricting, voting rights, and the regulation of political party primaries.
4828. Water Law. Prerequisite JURI 4090
The allocation, management, and protection of water resources. Water law is more substantially developed in arid Western states, but is increasingly important in Eastern states that are facing water scarcity. Water law focuses on allocation, access, and use.
4832. Regulation of the Human Body. 2 hours.
This seminar examines the ways in which we regulate the human body and its uses, treatment, and materials. As we study these regulations, we will also examine the underlying cultural assumptions embodied in the laws. The exact topics covered will vary by semester.
4851. Document Drafting: Survey. 3 hours.
An overview of drafting non-litigation documents. Develops the skills required to draft statutes, wills, and contracts. The course also focuses on gathering information to provide a factual basis for the preparation of such documents and drafting such documents within the existing legal framework.
4870. American Legal History. 3 hours.
This course will examine the role that law and legal institutions have played in American history from Reconstruction until the 1980s. We will examine the Civil War Amendments and federalism, laissez-faire formalism and economic regulation, the growth of legal liberalism, and the rights revolution.
4875. Special Issues in Legal History. 2 hours.
Examination of the role of law and legal institutions in shaping politics, society, and economics. The course will cover time periods from the colonial period and its European and Native American antecedents to the twentieth century.
4880. Legislation and Statutory Interpretation. 3 hours.
This basic survey course has two major goals. First, though we think of ourselves as a common law country, most of our laws come from statutes. Lawyers, in whatever kind of law practice they engage, find themselves confronted regularly with statutes which must be made sense of. Therefore, the ability to read, interpret, and argue from statutes is a fundamental skill for any attorney. The first goal of this course, then, is to introduce the practical skills and basic theory for working with statutes. Second, and more broadly, students may have noticed that "law school" might be better described as "court school." That is, there is much education about courts, judges, and judicial process, but far less about how most of our laws are made. The second goal of this course, then, is to explore the legislative process and to begin to understand how the three branches of the federal government (and most states, as well) speak to one another. The course will combine standard law school teaching methods (lecture and Socratic discussion) with interactive classroom exercises. Most of the course grade will be based on an exam, but classroom engagement and perhaps one or two (very very short) written assignments will factor in as well.
4883. Legislation and Regulation. 3 hours.
Our legal system comprises many institutions, all tasked with making and interpreting various kinds of laws. This course ventures beyond common law courts to examine legislatures, executive agencies, and other kinds of lawmakers. It will ask why and how we regulate and how lawmaking institutions are related to one another.
4900. State and Local Government. 3 hours.
This course examines the relationships between local governments, states, and the Federal government. Issues to be addressed include the role of local government in our constitutional structure, the source of local government power, and the advantages and disadvantages of decentralized decision making. These questions will be explored generally and in the context of specific subject areas, such as school funding, municipal regulatory authority, and state constitutional interpretation. Georgia case law will be used when it is unique, disputed, or particularly informative.
4910. Natural Resources. 3 hours.
The law governing the acquisition and use of natural resources, with particular regard to natural resources on publicly owned lands.
4920. Patent Law. 3 hours.
This course addresses the basics of obtaining and enforcing U.S. patent protection for useful inventions. We consider how the patent laws foster innovation through the grant of exclusionary rights to inventors by undertaking a detailed examination of both the substantive requirements for patentability (utility, novelty, and nonobviousness) and the requirements defining an adequate disclosure of the invention (written description, enablement, and claim definiteness). We also explore the complementary implementation roles played by the U.S. Patent & Trademark Office, on the one hand, and the federal courts (especially the U.S. Court of Appeals for the Federal Circuit) on the other. NOTE: One cannot take the IP Survey (JURI 5050) after having taken any two of the following courses: Copyright Law (JURI 4430), Patent Law (JURI 4920), or Trademark Law (JURI 4930). If the IP Survey course is taken first, any or all three of the advanced intellectual property courses can be taken.
4930. Trademark Law. 2 hours.
Acquisition of trademark rights, registration, infringement, false advertising, dilution, remedies, and international aspects of trademark law. Students in the class of 2013 and later are encouraged to take the IP Survey course before taking this course. NOTE: One cannot take the IP Survey (JURI 5050) after having taken any two of the following courses: Copyright Law (JURI 4430), Patent Law (JURI 4920), or Trademark Law (JURI 4930). If the IP Survey course is taken first, any or all three of the advanced intellectual property courses can be taken.
4950. Secured Transactions. 3 hours.Prerequisite JURI 4090
Security interests in personal property and fixtures, focusing on Article 9 of the Uniform Commercial Code; financing sales of goods and financing arrangements based on goods, fixtures, intangibles, and proceeds as collateral.
4960. Securities Regulation. 3 hours. Prerequisite: JURI 4210
This overview of the federal securities laws focuses primarily on the Securities Act of 1933. Topics covered include the definition of a security, the registration of securities offerings with the Securities & Exchange Commission, exemptions from registration, secondary distributions, and civil liabilities.
4990. Employment Discrimination. 3 hours.
Examines law regulating distinctions in the employment relationship. The emphasis is on federal statutory law regulating race, sex, religion, national origin, age and disability discrimination in employment.
5000. State and Local Taxation. 2 hours.
A study of principles and problems of state and local taxation in our federal system. Examines ad valorem property taxes, corporate and personal income taxes, sales and use taxes, and other state and local taxes imposed on business. Federal constitutional limitations on state tax power explored in detail and considerable attention is devoted to problems of dividing income of multi-jurisdictional corporations among the states.
5010. State and Local Taxation Seminar. 2 hours. Prerequisite: JURI 5000 (or equivalent experience).
An in-depth study of selected problems in the field of state and local taxation.
5040. Trial Practice. 2 hours. Prerequisite: JURI 4250 or permission of instructor.
A study of trial methodology, including jury voir dire, opening statements in jury and bench trials, introduction of proof and pre-trial as well as trial objections to evidence, and delivery of final arguments. Problems in civil and criminal litigation are analyzed, with emphasis upon demonstration of techniques by students in the course. Course is graded S/U.
5050. Intellectual Property Survey. 3 hours.
This course provides an introduction to the four primary types of intellectual property protection: copyright, patent, trademark, and trade secret. Students gain a basic understanding of the various grounds for and limitations of such protections. This course serves as both an introduction to the field for those anticipating further study and a survey of the area for those planning to focus on a different area of law. NOTE: One cannot take the IP Survey (JURI 5050) after having taken any two of the following courses: Copyright Law (JURI 4430), Patent Law (JURI 4920), or Trademark Law (JURI 4930). If the IP Survey course is taken first, any or all three of the advanced intellectual property courses can be taken.
5060. Workers' Compensation. 3 hours.
Analyzes law governing workplace accidents and diseases and its relationship to orthodox tort doctrine. Among topics studied are substantive limitations on coverage, administrative process in handling claims, and various approaches toward computing compensation awards.
5080. Life Cycle of a Corporation. 3 hours. Prerequisite: JURI 4210
This class follows the life-cycle of a corporation from inception through venture financing, IPO, M&A, and bankruptcy, aiming to provide an overview of corporate practice. The class incorporates Harvard Business School cases and emphasizes group work and participation. Beyond the substantive coverage, the course introduces students to the various kinds of drafting a corporate practice requires. Students are evaluated on class participation, 3 drafting exercises, and a final paper and presentation.
5090. Partnership Taxation. 2 hours. Prerequisite: JURI 5120
Deals with impact of federal income tax on formation and operation of businesses conducted in partnership form. Special emphasis on tax ramifications of sale of partnership interest, death or retirement of partner, and dissolution of partnership.
5140 / 5141L. Family Violence Clinic. 4-6 hours.
Superior Court civil litigation clinic representing lower income victims of domestic abuse in obtaining protective orders. Students work as lay advocates and student practitioners to provide direct service to clients including screening and referral, interviewing, counseling, pleading and case preparation, negotiation, and advocacy at final hearings under the Third Year Practice Act. Class discussion centers on readings in texts and statutes relating to family violence, as well as on theory and practice of lawyering in a litigation/negotiation context. (See description of JURI 4500 for clinic grading policy.) Register for both 5140 (graded portion) and 5141L (pass/fail portion).
5150, 5160/5161L. Prosecutorial Clinic I and II. 2 and 3-6 hours, respectively.
This clinic is a three-semester program. Students begin in the spring semester of their second year and continue throughout both semesters of their third year. In the first semester, students attend a weekly seminar and learn how criminal cases are investigated, charged, and prosecuted in Georgia. In the second and third semesters, in addition to attending a weekly seminar on more advanced prosecutorial topics, students perform an externship in a public prosecutor's office. Student externs not only provide research and document drafting assistance but are also authorized under the Third Year Practice Act to make court appearances on behalf of the state at preliminary hearings, grand jury, motion hearings, and trials. Enrollment is limited to 30 students. (See description of JURI 4500 for clinic grading policy.) JURI 5150 is a pre-requisite for JURI 5160. Register for both 5160 (graded portion) and 5161L (pass/fail portion).
5170. Criminal Defense Clinic I. 3 hours.
This course offers students an eye-witness, hands-on experience with the criminal justice system from the perspective of a public defender office. Students work with the fifteen attorneys in the Western Judicial Circuit Public Defender Office in Athens (a five minute walk from the Law School). Students assist with the entire range of legal representation of indigent clients, including initial intake interviews, witness interviews and other factual investigation, drafting motions, negotiating pleas, and assisting with trials. This course is a pre-requisite to Criminal Defense Clinic II, in which third year students, supervised by a licensed attorney, can represent clients in all manner of court proceedings including jury trials. There are no pre-requisites for this course.
5190. Supervised Research. 2 hours.
Supervised Research involves an in-depth written analysis of a legal issue under close faculty tutoring and supervision. It requires significant legal research, original thinking and analysis, and must produce final paper of a kind and quality similar to that found in law review articles. This can be used to satisfy the writing requirement.
5205. International Law Colloquium. 2 hours. Prerequisite: JURI 4640 (waive by Professor Amann)
This course will consist of presentations of substantial works-in-progress on a variety of international law topics by prominent scholars from other law schools, as detailed at /node/195. In addition to reading the manuscripts and actively participating in classroom discussion of the work with the presenters, students will be expected to write a 3-4 page reaction paper on each of the colloquium papers. This course is limited to 12 students. The course is repeatable; however, priority will be given to students who have not previously taken the course.
5275. Wilderness Law and Policy. 3 hours
This course will provide an in-depth look at the federal lands managed under the Wilderness Act of 1964 and subsequent enactments, as well as the regulations that the federal land management agencies employ in governing these lands. In addition, systems of state, private and international wilderness protection will be discussed.
5280. Environmental Law. 3 hours.
State, Federal, and International legal response to problems of air pollution, water pollution, solid waste, pesticides, noise, and radiation. Emphasis on public regulation, but some consideration given to private remedies.
5289. Environmental Law Practicum. 3 hours. (offered in the Fall)
Advanced research in legal control of environmental problems identified by watershed stakeholders/clients, with primary attention given to water and biodiversity issues.
5290. Interdisciplinary Environmental Law Practicum. 4 hours. (offered in the Spring)
Advanced research in legal control of environmental problems, with primary attention given to water and biodiversity issues. Law students work with graduate students from other disciplines including ecology, forestry, agriculture and environmental design to address problems identified by watershed stakeholders.
5310. Capital Assistance Project. 2 hours.
Students work with attorneys at agencies which defend individuals charged with capital offenses. In the classroom component, students will discuss work experiences, examine current issues in capital punishment, and evaluate special problems which confront the attorney defending a capital case.
5330. Family Law. 3 hours.
Significant aspects of family law, including marriage, divorce, separation, custody, and non-traditional families.
5331. Same-Sex Marriage Seminar. 2 hours.
Where we are presently in the legal and social battles over same-sex marriage, how we got here, and where we will go from here.
5360. International Trade Laws. 3 hours.
Examines national and international policies and laws relating to international trade and investment.
5380. International Legal Research. 1 hour.
Researching international and foreign law requires materials and methods different from those employed in researching U.S. law. This short course provides an overview of international law, with an emphasis on the resources and skills used to locate relevant international and foreign resources. Although students and researchers of international and comparative law should find this course particularly useful, non-specialists will also find it helpful in an increasingly global legal arena. Class discussions will include the differences between public international law, private international law, and municipal (foreign) law, important research tools, UN and other intergovernmental organizations (IGOs), non-governmental organizations (NGOs); European Union & other regional organizations. Weekly research exercises provide hands-on experience in locating materials.
5420. Interviewing, Counseling, & Negotiating. 2 hours.
This course focuses upon theories of psychology, sociology, and conflict resolution, as applied to three of the most fundamental skills for litigators — interviewing, counseling, and negotiating. Students then have the opportunity to hone these skills through hands-on, practice based simulations.
5430. Securities Litigation and Enforcement. 3 hours. Prerequisite: JURI 4210
This course examines private, SEC, and criminal enforcement of the federal securities laws. Topics considered include fraud on the market, market manipulation, international reach of the fraud provisions, and securities arbitration, as well as developments under the Private Securities Litigation Reform Act and the Sarbanes-Oxley Act. This course is altogether distinct from, and does not presuppose knowledge of, the course in securities regulation.
5455. Litigation Document Drafting. 3 hours.
This course will provide an introduction to and overview of the litigation process leading up to trial, with an emphasis on the written work product that attorneys must generate during the course of litigation, including pleadings, discovery, and selected procedural and substantive motions.
5470. Banking Regulation. 3 hours.
This course will survey the evolution of banking regulation, as well as recent developments that have
intensified scrutiny on banks. The primary focus will be on Federal regulation of banks in regard to both traditional and non-traditional banking activities as well as the potential conflicts between state and Federal law. Desired course outcomes: 1) learn the complex laws under which banks operate and why banks have traditionally been regulated much more heavily than other industries; 2) understand how those regulations are structured, how compliance is monitored, and how to recognize potential regulatory issues that arise in banking environment; 3) appreciate the ethical responsibilities that banks have to customers and the communities that they serve.
5490. Real Estate Development. 3 hours. Prerequisite: JURI 4090 and JURI 4780
Commercial real estate acquisition; development and financing of subdivisions, condominiums, planned developments, and income property; negotiation of financing provisions for income property, including nonrecourse clauses, guaranties, environmental indemnities, and opinions of borrower's counsel; ground leasing and sale-leaseback transactions.
5510. Independent Project. 1 or 2 hours.
Independent projects provide student with flexible opportunity to independently explore legal issues or questions sometimes not found in any course or seminar and without following format of a formal research paper. Projects must involve significant legal, social, or empirical research or experience.
5530. Design and Construction Law. 2 hours.
This course examines the legal framework of the design and construction process. The course focuses on application of tort and contract law to contract formation and performance issues, and will examine legal remedies available to construction project participants. Course will have a final exam.
5540. Housing Law Seminar. 3 hours. Prerequisite JURI 4090
The course covers selected issues in housing law and policy, drawn from both the private and public sectors. The course accommodates a number of different perspectives and interest areas, including non-legal disciplines related to housing. The course will be run seminar style, with assigned readings, directed discussion, and guest lectures. Each student will prepare a major research paper on a topic related to housing and will make an oral presentation of the paper to the class. There is no final exam. Satisfactory completion of the course requirements will fulfill the Advanced Writing Requirement of the law school.
5560. Complex Litigation. 3 hours.
This course examines the theory and practice of complex multiparty cases. In particular, it examines the major procedural and substantive issues in nationwide class actions and non-class aggregation. Our readings and discussions will focus on class actions (including the requirements for class certification, dueling state and federal class actions, and the strategic implications involved in settlement) and other advanced procedural topics including joinder, multidistrict litigation, phased trials, and preclusion.
5570. Entertainment Law. 2 hours.
Examines variety of legal issues affecting the entertainment industries. Beginning with an overview of relevant intellectual property and right of publicity issues, it also examines topics such as licensing and rights acquisition in the music, film, television, publishing, and digital media spheres. Also covered are special contractual relationships that arise within particular areas of the entertainment business.
5575. Visual Arts, Cultural Heritage, and the Law. 2 hours.
This seminar explores contemporary legal, ethical, and policy issues that involve visual artists (primarily painters and sculptors) and art collectors, museums, dealers, and auction houses. It tackles diverse issues by examining the complex roles of multiple participants, including artists; art patrons and consumers; government officials; art experts, such as museums, historians, and critics; as well as the “bad guys,” such as looters, thieves, and forgers. We consider the relationships between art institutions and those who produce, collect, protect, and “deal” in art. We also examine the international movement of art in times of war and peace, as well as the preservation and protection of art as a form of cultural heritage. There is no formal prerequisite for the course, although prior enrollment in either IP Survey or Copyright is useful. Students will have a choice of either taking a final exam or writing a significant paper.
5576. Media Law. 3 hours.
Examines a variety of legal issues affecting the news media. After an introductory examination of traditional constitutional issues arising out of the First Amendment and a philosophical look at the justifications for free speech protection, the course explores how these traditional principles are balanced against competing interests not only in constitutional law but also in common law and statutory regulations. Issues dealt with include prior restraint, defamation, privacy, access to court proceedings, access to government meetings and documents, the reporter's privilege, and intellectual property issues affecting the press. In addition this course addresses issues specific to electronic media, although it focuses on the communicative, as opposed to the administrative or regulatory aspects of this emerging area of law.
5579. Law & Science Seminar. 2 hours.
Emerging technologies present an intrinsic challenge as new discoveries frequently extend the beyond the reality anticipated by existing laws and regulations. The use of science in the courtroom or legislation (e.g., climate change) is often problematic as parties put forth competing claims as to what the law should regard as valid scientific evidence. Further, sometimes scientists view the law as a prior restraint to research and development (e.g, trial of Galileo, "Scopes monkey trial," ban on human cloning) and in other instances they may view it as driving innovation (patent laws, academic technology transfer policies). In summary, this seminar will examine the complicated relationship between law and science on both applied and philosophical grounds. Students are required to write and present a research paper relevant to this seminar as well as actively participate in classroom discussion.
5583. Internet Law. 3 hours.
Introduction to the legal and policy issues raised by computers and the Internet. This course will explore how the Internet’s digital and networked environment changes the nature of regulation, unleashes innovation, and refashions the relationships among public and private actors. Topics will include jurisdiction, free speech, privacy, intellectual property, e-commerce, and internet governance. No technical background is necessary.
5584. Cybercrime. 3 hours.
This course will explore how changes in technology challenge the law’s traditional approaches to combating criminal activity, enforcing criminal law, and balancing the rights of the public against the demands of justice. Topics will include electronic surveillance, the Fourth Amendment and technology, cybersecurity, hacking, cyberbullying, criminal copyright law, personal and data privacy, jurisdiction, and civil liberties online. No technical background is necessary. The primary evaluative mechanism for this course will be an examination.
5585. Bioethics. 3 hours.
Examines legal, ethical, and social problems generated by advances in health, medicine and biotechnology. Some of the issues covered include human cloning and stem cell research, gene-based therapies, death and dying, reproductive technologies, experimentation with human subjects, and societal limits on scientific developments.
5590. Advanced Corporations. 1 hour. Prerequisite: JURI 4210.
Part one of the course explores the question of who should make corporate law. Specifically, we will discuss scholarly theories addressing whether the states or the federal government would best regulate corporate matters, and explaining Delaware's prominence in corporate law. Part two examines Delaware statutory and judicial corporate law. We will discuss the inner workings of expedited and summary litigation, problems in the organization and functioning of a corporation (focusing on management and control), and mergers and transfers of control (including hostile acquisitions, tender offers, going private transactions, and defensive tactics). Part three provides hands on experience in litigating corporate cases. Students will participate in two oral arguments as advocates and judges. Grades in this course will be based on a take home written exam that focuses on the course materials and class lectures. Class attendance and participation are required.
5590. The Law of Social Media. 1 hour. Summer 2014
The course will broadly look across substantive areas of the law at the way courts are treating social media, including: -Copyright and fair use as to material gathered from, and published on, social networking sites -The legal effect of "terms of service" of websites -The evidentiary admissibility of material gathered from social networking pages and the evidentiary problems this raises -The ability of employers and schools to regulate what employees and students publish on social media
5590. Medical Malpractice. 1 hour
A nuts and bolts approach to medical malpractice law and litigation in Georgia. Taught by practicing attorneys, plaintiff and defense perspectives are offered. While the focus is on substantive law, the procedural aspects of such cases are also covered.
5590. International Sales. 1 hour.
The course will analyze the law of international sales from the perspective of the 1980 UN Convention on the International Sale of Goods (CISG), which is presently in force in 78 states (including the USA and most developed nations). In selected issues, the CISG will also be compared to US law or other national law rules. The course will be conducted in a seminar format; students should be willing to present a case dealing with CISG to the class.
5590. Georgia Election Law. 1 hour.
This course examines the relationships between law, elections, and government focusing on Georgia law. It will cover laws and regulations governing political candidates, their campaigns, state campaign finance, public officials, ethics in government, and the regulation of the political process. Regulation of lobbyists will be examined, as will independent committees and political action committees. Additionally, the course will look at the process of Georgia judicial campaigns and appointments, and the regulation of public officials once in office.
5595. Regulation, Politics, and the Environment. 1 credit hour.
The seminar will explore the challenges of contemporary environmental regulation. It will start by examining the concept of regulation and its theoretical underpinnings. We will explore in this context some of the basic concepts of the economic and philosophical theory of regulation including public goods, externalities and coordination. We will then move to examine some of the basic instruments of modern regulation, distinguishing between command and control mechanisms, economic instruments, final demand instruments and liability rules. Drawing on this general introduction we will develop a typology of regulatory failures exploring some of the common explanations for these failures (e.g., regulatory capture, epistemic incompetence, scientific uncertainty). This theoretical discussion will be accompanied by examination of various case studies, including both national and global examples.
5595. Major Works in Legal Theory (formerly Classics in Legal Theory). 1 credit hour/year long course.
This course introduces students to major works in legal theory----books that change the way experts within a legal subject approach the field. Students will read seven books over the course of the school year. The goal of the course is to give interested students an opportunity to think more deeply about complex legal ideas, and to discuss those ideas with a variety of professors. This course is pass/fail.
5595. Equal Justice in the Criminal Courts. 2 hour Minicourse (pass/fail)
Examines the right to legal representation for people accused of crimes who cannot afford a lawyer. It will examine the situations when a defendant is constitutionally entitled to counsel, various systems for providing representation, issues of independence and ethics for lawyers who represent the poor, the quality of counsel provided, the resources available to poor people accused of crimes for investigative and expert assistance and whether the legal system is making good on the promise of "equal justice under law."
This course will begin on September 24, 2013 and conclude on November 14, 2013.
5595. Intervention and Sovereignty: Contemporary Issues in International Security and National Security Law. 2 hours. This course is intended to familiarize you with contemporary issues in international and national security law, with an emphasis on dilemmas facing policymakers in the United States in recent years, and now. The course will begin with background on evolving U.S. views on the creation of a legal framework to regulate war, prosecute war crimes, and on the issue of sovereignty and the use of force. We will touch on the twentieth century’s legacy of mass atrocities and its impact on policy and law. We will review recent cases in which the United States chose to abstain or act diplomatically, militarily, or otherwise, addressing both the policy and legal issues involved. The course is also designed to give you a grounding in issues of national security law facing policymakers, including changing notions of Executive power since 9/11.
5610. Civil Tax Practice. 2 hours.
Study of practice before Internal Revenue Service and various tax forums, including audit process, procedures relating to determination of tax liability and tax collection, and extraordinary procedures, such as jeopardy and termination assessment.
5611. Tax Crimes. 2 hours.
Criminal tax investigations and prosecutions; constitutional defenses to the compulsory production of evidence; attorney-client privilege, confidentiality and other defenses available to taxpayers and third parties.
5622. Public Health Law. 3 hours.
This course offers an overview of Public Health Law. The course begins by defining public health law with historic, contemporary and international comparative law-policy perspectives, discusses the government entities most involved in public health domestically and internationally, and then surveys a range of applications. Coverage encompasses reproductive health, vaccination, biodefense, integration of genomics (study of gene function) and population genetics into public health policy and practice, and international public health.
5623. Law & Medicine. 3 hours.
Focuses on the relationship between health care providers and patients. Topics include: the treatment relationship, professional liability, licensing, access to care (including EMTALA), quality of care, privacy and confidentiality (including HIPAA), and informed consent.
5625. Health Law Seminar. 2 hours.
This seminar will examine the central issues faced by health care attorneys, with emphasis on in-house counsel who undertake to represent hospitals and health systems in the United States. Among the topics examined will be the statutory and regulatory frameworks designed to reduce and penalize fraud and abuse of the Federal health care programs. Statutory frameworks to be studied will include: the Federal Physician Self-Referral Prohibition, known as the Stark Law that provides civil penalties against physicians that refer patients to entities to which they have a financial interest; the Federal Anti-Kickback Statute that provides civil and criminal penalties for anyone that pays or receives kick-backs for health care referrals; and the Civil Monetary Penalties Act as they relate to health reimbursement and business development. Also considered will be the Emergency Medical Treatment and Active Labor Act, EMTALA, known as the patient anti-dumping law; the Health Insurance Portability and Accountability Act, HIPAA; and Disproportionate Share Hospital (DSH) programs.
5626. Health Care Financing & Regulation. 3 hours.
Examination of the United States health care delivery system as a regulated industry. A survey of a variety of legal issues affecting health care providers and their interactions with commercial insurers, government health care programs, and state and federal regulators.
5640. Timing in Federal Tax. 2 hours. Prerequisite: JURI 5120
Timing issues of income tax law: when an item of income should be included and a deduction taken. Includes integrity of the taxable year, tax accounting methods, inventory, depreciation, installment sales provisions, net operating losses, tax benefit rule, claim of right doctrine, and equity compensation.
5650. Employment Law. 3 hours.
Examines legal regulation of the employment relationship, focusing on the erosion of the employment-at-will doctrine through various tort and contract theories, law of employee mobility including non-competes and trade secrets, protection of employee privacy and speech interests, entitlement to overtime under the Fair labor Standards Act, and the regulation of health and pension benefits under ERISA. Excludes the union/management issues covered in Labor Law and statutory discrimination issues covered in Employment Discrimination.
5660. Business Crimes. 2 hours.
This course will cover corporate and individual responsibility for violations of the principal federal statutes regularly used by the government in corporate and white collar crime cases. A variety of offenses will be covered, including conspiracy, mail and securities fraud, obstruction of justice, false statements, bribery and environmental crimes. The course will also cover organizational compliance programs as a means of preventing violations of the law and mitigating organizational legal liability.
5665. Business Ethics Seminar. 2 hours. Pre-requisite: JURI 4210
Corporate scandals make the headlines, but businesses face ethical challenges everyday, even in situations that are legally compliant. This course will examine ethical issues confronted by businesses in a variety of contexts, from legal activities to those on the "slippery slope" to outright corruption. Students will consider different approaches to ethical decision-making and the lawyer's role in advising business clients. This is a year-long course open to 3L students only.
5667. Sustainable Business: Transactions and Strategy. 2 hrs. Pre-requisite JURI 4210.
This course will introduce students to the concept of environmental sustainability, the legal challenges facing businesses in attaining environmental sustainability, the incentives for business to achieve sustainable commerce, and possible means that governments may have to encourage or stimulate environmentally sustainable commerce.
5690. Public Interest Practicum. 3 hours.
Designed to teach students to discover what peoples' needs are, to be able as lawyers to summon community's resources for meeting those needs, and to determine what lawyers can do to insure the community's services are in place and functioning. Students will be required to work with both service institutions and individuals who are the clients of those institutions. They will be assigned to cases and graded on their success in solving the problems raised.
5700. Advanced Trial Practice. 2 hours. Prerequisites: JURI 4250 or JURI 5040
Trials of advanced or multi-party cases, such as adverse possession, commercial litigation, conspiracy and product liability actions; some expanded problems in evidence and trial procedure. Drafting projects include pre- trial documents, motions in limine and post-trial motions.
5720. Elder Law. 2 hours.
Aspects of federal and state elderly programs and problems; special risk populations; significance of older population growth; representation of elderly clients; guardianship; lifetime estate management; testamentary estate disposition; living wills and "right to die" debate; health and long-term care; housing, transportation and employment policies; public assistance.
5730. Dispute Resolution & Systems Design. 3 hours.
In a world of settlement, this course prepares students to effectively represent clients through an understanding of the design and strategic election between ADR processes, and development of best practices as counsel in each process. Both private processes (arbitration, negotiation, mediation) and public tribunals (domestic and international) are studied.
5735. ADR. 3 hours.
This course introduces the law and practices of negotiation, mediation, and arbitration through in-class discussions and role-playing exercises that simulate the work of lawyers in these contexts. Each student will be graded on class participation in the role-playing exercises and on a paper submitted at the end of the semester.
5750. International Environmental Law. 3 hours.
Interdisciplinary introduction to international environmental law and policy, focusing on how international environmental regimes emerge, develop and influence behavior. Selected case studies on topics such as acid rain, global warming, whaling, deforestation, and trade in endangered species.
5781. Education Law. 3 hours.
This course covers numerous legal and policy questions related to the American educational system. Relevant sources of law include the U.S. Constitution and state and federal statutes and administrative materials. Topics include school funding, school choice, student and teacher speech rights, policy debates, and others. The course will be conducted with an emphasis on developing practical lawyering skills.
5790. Torts Seminar (Fall 2012). 2 hours.
This seminar will use the John Grisham novel, The Litigators, as a springboard for exploring issues of substantive law, jurisdiction, civil procedure, evidence, and ethics that arise in the context of mass tort litigation. The assigned text will be "The Litigators." Students will research, prepare papers, and lead discussions of various issues raised in the novel. We will also discuss these issues with plaintiff and defense counsel who litigate mass tort cases, an executive of an insurance company regarding liability coverage for mass torts, and a judge who presides over such cases.
5810. International Civil Litigation. 3 hours.
Globalization has increased the frequency of transboundary civil disputes, whether between two companies like Microsoft and Sony or in business dealings with sovereigns like China. More than ever, the next generation of lawyers needs to know the law governing topics such as personal jurisdiction over foreign companies, forum nonconveniens, discovery in international disputes, forum selection clauses and foreign judgments.
5840. Capital Punishment. 3 hours.
An in-depth examination of the legal and social issues surrounding capital punishment. Surveys a variety of legal issues in areas of criminal law and procedure, constitutional law and ethics which confront attorneys in capital cases. The course will encourage students to synthesize the social and legal facets to objectively evaluate the complex issues involved in capital punishment.
5850. Document Drafting: Contracts. 3 hours.
An introduction to drafting, analyzing, and revising contracts. You cannot take this course if you have taken or are currently taking Legal Drafting for Transactinal Practice.
5870. Environmental Dispute Resolution. 2 hours.
Conflict management, anatomy of negotiation, planning and conduct of negotiations, and resolving multiparty environmental disputes.
5885. Global Governance. 3 hours. Prereq. JURI 4640 or 5360 or 4670 or perm. of instructor.
In a globalizing world, the range of issues with cross-border implications only expands, from finance to trade, environment to human rights, food safety to sports. This upper-level course in International Law examines how and why different legal regimes have developed to govern these issues and when they succeed or fail.
5890. Immigration Law. 3 hours
This course will examine American immigration law and policy. Topics considered include source and scope of Congressional power to regulate immigration; procedures for entry, exclusion, and deportation; refugees and asylum; current immigration law reform; and the role of states in regulating migrants. This course is intended both for those who are considering immigration law as a career and for those who want a general introduction to an important area of law that intersects with many areas of practice, including administrative, criminal, family, employment, and international.
5955. Wage and Hour Law and Litigation. 2 hours.
This course examines present trends in wage and hour litigation, the single dominant subject area in current labor and employment law practice. The course examines the history of the Fair Labor Standards Act (FLSA) and also treats wage and hour law in the states, both statutory and common law. Because multi-plaintiff litigation under the FLSA proceeds on a collective, or opt-in, basis, the course will examine the differences between opt-in and Rule 23 opt-out class actions, including increasingly successful efforts to use the two approaches simultaneously in wage and hour claims.
5970 / 5971E; 5963 / 5964L. Civil Clinic I and II. 2-6 hours.
The objective of this course, in which various governmental and private organizations will provide placements for student externships, is to engage students in three primary learning experiences: direct exposure to the skills and methods of legal practice; focused application of legal concepts to real conflicts; and reflective appraisal of their own abilities, values, and professional goals. In addition to the field work provided by the externships, a clinic seminar will provide a jurisprudential context in which to consider and organize the learning gained in the field. Register for both 5970 or 5963 (graded portion) and 5971L or 5964L (pass/fail portion).
5961 / 5962. Community Economic Development Clinic. 5 hours.
The Community Economic Development (CED) Clinic supports a variety of local organizations in their efforts to strengthen communities and improve economic opportunity. Our client organizations work in the fields of poverty alleviation, housing, entrepreneurship, education, and leadership among others. No two client matters are be the same, and seldom do the matters present strictly legal questions, but the CED Clinic brings legal thinking and problem solving to bear on strategic issues faced by our client organizations to help them more effectively serve their target populations.
5965 / 5966E. Summer Externship. 2-4 hours.
The Summer Externship supports students working in governmental, judicial and private non-profit placements through a focused program of reading, reflection and professional development. Students gain direct exposure to the skills and methods of legal practice, focused application of legal concepts to real conflicts, and reflective appraisal of their own skills and abilities. each student engages in an ongoing conversation with the clinic supervisor through journals and interviews; together with readings, this contact expands and deepens the practical and jurisprudential learning gains in the field. Register for both 5965 (graded portion) and 5966E (pass/fail portion).
5968 / 5969E. Corporate Counsel Externship. 4-6 hours. Prerequisites: JURI 4210 and JURI 4300.
This course explores the practice of law from the perspective of an in-house counsel. Students will spend 1-2 days each week in a corporate legal department where they will have work assignments and experience firsthand the inner workings of a legal department. A 2-hour seminar each week will supplement the on-site work with discussions about relevant substantive topics and opportunities to build skills through drafting projects and simulations. In lieu of a final exam, students will prepare an appraisal with critical reflections about their externship and an oral presentation.
5972. D.C. Law in Practice. 3 hours.
Countries around the world are drafting or re-drafting their constitutions. This class considers what should be in those constitutions, and how countries might consider drafting those constitutions. Reading will include constitutional text, cases and commentaries from the United States and from abroad. Requirements for the course include reading, a reaction paper, a short research paper, and several constitution-drafting exercises.
5973/5974L. D.C. Externship Clinic. 10 hours. (5 hours graded and 5 hours pass/fail).
This course is a ten-credit course: two credits in a weekly two-hour seminar; and eight credits earned at an assigned full-time placement.
5975. Mediation Practicum I. 3 hours.
The course consists of in-class, simulation-based training, including interactive training on the mediation process, the role and competencies of the mediator, ethical and regulatory rules governing mediation and a series of specific topics of mediation practice. It also includes an introduction to small claims court and to the primary legal issues that students will encounter in practice. This course is designed to satisfy the requirements of the Georgia Office of Dispute Resolution ("GODR") for the training of court-certified mediators.
5976. Mediation Practicum II. 3 hours. Prerequisite: Mediation Practicum I.
This clinical course includes four primary components: 1) solo mediation of selected cases in the Clarke County Magistrate Court, 2) weekly two-hour class sessions which will combine in-depth assessments of completed cases and integrated discussions of readings in mediation theory and practice, 3) advanced readings on mediation and dispute resolution theory, and 4) regular periodic reflective writing in the form of two journals and a learning appraisal. Students will meet individually with the clinical supervisor for individual feedback and evaluation.
5980. Advanced Evidence Seminar. 2 hours. Prerequisite: JURI 4250
Advanced study and writing work on evidence and litigation topics, including subjects like hearsay, experts, final arguments, and motions for a new trial. Involves study and discussion of problem areas and research, writing, and preparation as well as defense of a major paper on a specific litigation problem. Potential paper topics include matters like husband/wife privilege, expert witness standards in federal and Georgia practice, and the limits of closing argument. At the election of the student, the paper can be prepared in a manner which will fulfill the Advanced Writing Requirement of the law school.
5644. Whistleblower Litigation Seminar. 2 hours.
This seminar focuses on the major Federal whistleblower statute -- the civil False Claims Act (FCA) -- which in recent years has resulted in billions of dollars of recoveries for the U.S. Government and various states, and huge rewards for the private whistleblowers instigating these cases. The FCA creates a unique partnership among private plaintiffs, their counsel, and Government lawyers, and is spawning an ever expanding number of Federal and state investigations. We will examine the evolution of the FCA from the Civil War era through its modern amendments, and the key substantive and strategic issues in pursuing and defending FCA cases today. The course will also briefly review the new whistleblower reward program at the Securities and Exchange Commission and the recently enhanced program at the Internal Revenue Service. This class is limited to 20 students.