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IMMIGR TENANT ADV CLINIC-PT I (ADVOCACY AND LEGAL SKILLS - 7000)
4 credits
The Immigrant Tenant Advocacy Clinic is a two-semester clinical program available to second and third year students. St. John's University is partnering with the Immigrant Tenant Advocacy Project of the Brooklyn-Queens Diocese's Catholic Migration Office to give students the opportunity to engage in community organizing and legal representation of tenants affected by substandard housing conditions and related problems in predominantly immigrant populated neighborhoods within Brooklyn and Queens. Students will participate in outreach and intake at community based institutions, follow up on efforts to organize large groups of tenants, lobby meetings, attend press conferences, draft administrative complaints, and prosecute affirmative legal actions to improve housing conditions and combat harassment of low-income tenants. This clinic will offer students the chance to both represent clients in court and take part in "community lawyering" through non-litigation activity. Casework will be supervised by experienced tenants rights attorneys and community organizers from the Catholic Migration Office. The two-semester Immigrant Tenant Advocacy Clinic satisfies the Advanced Practice Writing Requirement.
Robert D McCreanor
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IMMIGR TENANT ADV CLINIC-PT II (ADVOCACY AND LEGAL SKILLS - 7050)
4 credits
The Immigrant Tenant Advocacy Clinic is a two-semester clinical program available to second and third year students. St. John's University is partnering with the Immigrant Tenant Advocacy Project of the Brooklyn-Queens Diocese's Catholic Migration Office to give students the opportunity to engage in community organizing and legal representation of tenants affected by substandard housing conditions and related problems in predominantly immigrant populated neighborhoods within Brooklyn and Queens. Students will participate in outreach and intake at community based institutions, follow up on efforts to organize large groups of tenants, lobby meetings, attend press conferences, draft administrative complaints, and prosecute affirmative legal actions to improve housing conditions and combat harassment of low-income tenants. This clinic will offer students the chance to both represent clients in court and take part in "community lawyering" through non-litigation activity. Casework will be supervised by experienced tenants rights attorneys and community organizers from the Catholic Migration Office. Students will receive four (4) credits per semester, two (2) credits will be pass/fail and two (2) credits will be graded. The two-semester Immigrant Tenant Advocacy Clinic satisfies the Advanced Practice Writing Requirement.
Prerequisite: IMMIGR TENANT ADV CLINIC-PT I
Robert D McCreanor
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IMMIGRATION LAW (INDIVIDUAL RIGHTS - 1030)
2 credits
This course deals in general with the legal and administrative problems encountered by aliens who have emigrated lawfully and unlawfully to the United States. The course is significantly topical in light of the rapidly increasing number of unauthorized aliens present in the United States. Basic to the course is a study of federal administrative law as it relates to the problems of the immigrant, but issues of constitutional law, criminal law, domestic relations and commercial law are also treated insofar as they pertain to immigration and nationality law. Grades are based upon a final examination and class participation.
Janice D. Villiers
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IMMIGRATION LAW SEMINAR (INDIVIDUAL RIGHTS - 1070)
2 credits
This is an advanced course, designed to provide students with an in-depth understanding of immigration practice-related issues and policies. The course will combine black-letter statutory and regulatory law with mastery of constitutional law as it relates to immigration and basic administrative law principles. Using case law and practical exercises (e.g., a client letter discussing various immigration options, role play of client interviews), students will become familiar with the processes of family-based and employment-based immigration; removal proceedings; asylum and refugee law; and citizenship, including naturalization and de-naturalization. The course will review proceedings in the Immigration and Naturalization Service, practice before an immigration judge, appellate practice before the Board of Immigration Appeals and judicial practice. A visit to the Executive Office for Immigration Review, a detention center or removal court will be required. Students will also be required to submit a minimum of ten and a maximum of twelve written assignments: problems, client letters or weekly reaction papers. Grades are based upon assignments, class participation and a final examination.
Prerequisite or Corequisite: IMMIGRATION LAW
Janice D. Villiers
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INSURANCE LAW (BUSINESS AND FINANCE LAW - 2030)
2 credits
The purpose of this course is to familiarize the student with the fundamental legal principles of life, property, accident and health, and liability insurance. Special attention is given to sections of the New York Insurance Law relating to standard policy clauses and forms. The selected cases afford a complete common-law coverage and such basic insurance concepts as insurable interest, warranty, waiver, estoppel, notice and proof of loss and the scope and effect of the insurance contract. Grades are based upon a final examination.
Joseph A. Calamari
Robert M Rosh
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INT'L BUSINESS TRANSACTIONS (INTERNAT'L AND COMPARATIVE LAW - 1020)
3 credits
This course is designed to introduce the student to some of the major legal issues that arise in doing business across national boundaries. Among the topics to be considered are the international sale of goods and services, foreign investment, technology transfer, national, regional and international regulation of international trade, extraterritoriality, the European Union, and doing business in developing countries. Grades are based upon a final examination and class participation.
Charles E. Biblowit
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INT'L COMMERCIAL ARBITRATION (ADVOCACY AND LEGAL SKILLS - 6070)
2 credits
Arbitration is an increasingly important component of international commerce. This course will cover several aspects of international commercial arbitration, including the advantages and disadvantages of arbitration; the question of arbitrability; the appointment of arbitrators and the potential for conflicts of interest; the choice of law to govern the arbitration; the presentation of the case; and the enforcement of arbitral awards. Throughout, we will assess whether we are witnessing the emergence of a new, stateless regime for the resolution of international commercial disputes. Grades are based upon a final examination.
Mark L. Movsesian
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INT'L HUMAN RIGHTS EXT PLACEMT (ADVOCACY AND LEGAL SKILLS - 5080)
2 credits
Students work 140 hours under the supervision of carefully selected mentor-attorneys in pre-approved human rights placements with UNICEF and other organizations or in working with the United Nations in the area of international human trafficking. Students assist their mentor-attorneys in day- to-day legal activities as well as completing research, writing or other legal assignments. The course is graded on a pass-fail basis. This course must be taken in conjunction with the International Human Rights Externship Seminar.
Corequisite: INT'L HUMAN RIGHTS EXT SEMINAR
Keri K. Gould
Lisa Ann Kurbiel
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INT'L HUMAN RIGHTS EXT SEMINAR (ADVOCACY AND LEGAL SKILLS - 5070)
2 credits
The International Human Rights Externship Seminar explores substantive international human rights issues, policies and treaties and the practice of international human rights law within the context of an externship experience. Students must complete weekly short written assignments based upon relevant readings and their externship observations and experiences, a collaborative student presentation, and accurate timesheets to promote self-directed learning and critical reflection on international human rights law. The seminar uses an interactive classroom format which may include simulations and discussions where students share insights gained through their externship observations and experiences. Grades are based upon class participation, weekly written assignments, and a final student presentation. This course must be taken in conjunction with the International Human Rights Externship Placement.
Corequisite: INT'L HUMAN RIGHTS EXT PLACEMT
Keri K. Gould
Lisa Ann Kurbiel
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INT'L SALES LAW & ARBITRATION (ADVOCACY AND LEGAL SKILLS - 8010)
2 credits
This course provides an overview of the law governing international sales of goods and international commercial arbitration, focusing primarily on the U.N. Convention on the International Sale of Goods, the UNCITRAL Model Law on International Commercial Arbitration, and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The first half of the course will provide an overview of these two doctrinal areas. In the second half of the course, students will apply these legal doctrines to the subject matter of the problem to be argued in the Annual Willem C. Vis Int'l Commercial Arbitration Moot. Working in teams, students research and analyze the problem, draft a brief in support of one of the parties, and participate in oral arguments before a mock arbitration panel. A team of students from the class will be selected to represent St. John's in the Vis Moot competition in Vienna during the following spring semester. Grades are based on classroom participation, written assignments, demonstration of the skills taught, and the preparation of the written brief. Any student interested in representing St. John's in the annual Vis Moot competition must take this course during the fall of the year in which he or she wishes to try out for the team. This course satisfies the Advanced Practice Writing Requirement.
William J.T. Brown
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INTERNAT'L ENVIRONMENTAL LAW (ENVIRONMENTAL LAW - 1030)
2 credits
This course surveys the leading legal instruments and approaches to dealing with regional and global environmental problems. It will address transboundary air and water pollution, mass catastrophes, protection and allocation of freshwater supplies, stewardship of ocean resources such as fisheries, protection of the atmosphere (including the ozone layer and climate change), transport and trade in hazardous chemicals and waste, and biodiversity. The course will explore the environmental side of new approaches to economic regulation, including the world trade regime, and emerging ideas about sustainable development. Grades are based upon a final examination.
Mary L. Lyndon
Philip Weinberg
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INTERNATIONAL BANKING (BUSINESS AND FINANCE LAW - 3090)
2 credits
The course will explore the structure of and policy bases for divergent views regarding government regulation of banking institutions in Europe, with a focus on the European Union, and the United States. It also explores the nature of United States regulation of U.S. banks operating abroad and foreign banks operating in the United States. The course will examine the following topics (among others): (a) bank versus non-bank powers of financial institutions, comparing the U.S. holding company model with the European departmental and universal banking model, (b) operations across boundaries, comparing the U.S. model of state branching which is now evolving into nationwide branching with the EU model of nationwide branching which is now evolving into cross-national branching, (c) the government safety net, comparing the U.S. deposit insurance system with the deposit insurance system preceding the European Deposit Guarantee Directive and that following the Directive, (d) government supervision, comparing dual regulation (state - federal) in the United States with central regulation in most European nations, (e) international investments and activities, focusing on U.S. and foreign regulations governing operations of U.S. banks abroad, e.g. the European Union, and foreign banks in the United States, (f) the trend toward internationalization of regulatory requirements, e.g. risk based capital standards, lender of last resort responsibility, and universal banking, and (g) current issues in international banking, such as bank secrecy laws and the U.S. Patriot Act. Grades are based upon a final examination.
Vincent M. DiLorenzo
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INTERNATIONAL CIVIL LITIGATION (INTERNAT'L AND COMPARATIVE LAW - 2080)
2 credits
This course will explore selected procedural issues affecting foreign litigants in the United States, U.S. citizens litigating in foreign jurisdictions, and special problems which arise in multiparty complex litigation. There will be an emphasis on comparative law analysis, and course materials will include relevant U.S. and foreign statutes, treaties and conventions. The topics which will be examined include jurisdictional issues involving foreign nationals, service of process abroad, discovery abroad, recognition and enforcement of foreign judgments in the United States, and of United States judgments abroad, and different approaches to multi-party and representative litigation. In addition, comparative approaches to payment of litigation costs and attorneys' fees and court-annexed dispute resolution will also be considered.
Prerequisite: CIVIL PROCEDURE
Mark L. Movsesian
Ettie Ward
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INTERNATIONAL CRIMINAL LAW (INTERNAT'L AND COMPARATIVE LAW - 2030)
2 credits
This course covers jurisdiction in international law, extradition and its legal and constitutional bases, the nature of international crimes in customary international law, including genocide, war crimes, crimes against humanity and torture. This course will also consider the proposed international Criminal Court and the Rome Statute of 1998. Grades are based upon a research paper.
Charles S. Bobis
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INTERNATIONAL HUMAN RIGHTS LAW (INTERNAT'L AND COMPARATIVE LAW - 2010)
3 credits
International Human Rights Law will start with an historical introduction to the field, first looking at the pre-WWII status of human rights (including not only civil and political rights, but also social, cultural and economic rights as well as solidarity or communitarian rights) in the context of traditional international law and then focusing on post-WWII developments. Next, the course will look at sources of international human rights law and procedures available to enforce and ensure enforcement of human rights violations, including regional arrangements, U.N. procedures and the role of fact-finding, and the role of Non-Governmental Organizations. The class also will study the role of international human rights law in U.S. domestic law (focusing on the Constitution) by exploring the role of treaties and reservations, customary law, declarations and resolutions in the U.S. and the U.S. Courts' use of these materials. In addition, the following topics will be covered: the role of international tribunals (including criminal tribunals); humanitarian law and its relationship to human rights; the nature of rights as universal or relative to culture (cultural practices and forms of punishment); self-determination; rights of indigenous peoples; women, racial/ethnic and cultural minorities; language rights; right to development; and the obligations of states as protectors and enforcers of human rights. This will be a three-credit course and the grade will be based upon classroom exercises and one of the following three writing projects: a) a final paper of publishable quality that can, on approval of the professor, satisfy the writing requirement; b) three 12-15 page essays; or, depending on the availability of an appropriate project, c) an exercise, pre-approved by the professor, in which the student works on an actual case or other matter either writing a brief, legal memoranda, or drafting legislation, regulations, conventions, protocols, conference documents.
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INTERNATIONAL LAW (INTERNAT'L AND COMPARATIVE LAW - 1040)
3 credits
The International Law course surveys that system of jurisprudence dealing with the precepts and principles that govern the community of nations in their mutual dealings as they have developed from early history to modern times. After an analysis of the nature and sources of international law, the course will examine topics such as recognition, succession, territory of states, sovereignty, jurisdiction, extradition, state immunity, international agreements, international claims, human rights and use of force. Grades are based upon a final examination and class participation.
Christopher J. Borgen
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INTERNATIONAL LITIGATION SEM (INTERNAT'L AND COMPARATIVE LAW - 1030)
2 credits
This course provides students with an opportunity to work on selected issues in international litigation and arbitration. Among the topics that may be examined are: extraterritorial jurisdiction, the Act of State doctrine, foreign sovereign immunity, and recognition of foreign country judgments in the U.S. and abroad. Students are required to brief and argue a moot court case. Grades are based upon the moot court exercise and class participation. N.B. Students who take this course are not permitted to take the three-credit International Litigation: Procedural Issues.
Charles E. Biblowit
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INTERNET LAW (INTELLECTUAL PROPERTY - 1090)
2 credits
This course will study the emerging law and policy of the Internet through topics including intellectual property, e-commerce, online speech and defamation, and privacy. The class will build upon current cases such as Napster and the Microsoft antitrust trial and will examine the relations of these online controversies to "off-line" law. No technical experience is required. Grades are based upon a research paper and class participation, including some online assignments.
Neil R. Blecher
James T. Curtis
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INTERVIEWING AND COUNSELING (ADVOCACY AND LEGAL SKILLS - 7020)
2 credits
This course offers students an opportunity to develop skills in interviewing and counseling, including gathering information, ascertaining the client's interests, developing specific goals and strategies, and ethical considerations a lawyer is required to consider. Classroom work will involve the exploration of techniques of interviewing and counseling, focusing on the unique relationship of lawyer and client. Students will develop the skills studied by participating in simulated exercises that involve realistic situations raising common legal and ethical issues. Grades are based on classroom participation, demonstration of the skills taught, and the submission of written work.
Janice D. Villiers
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INTL ART & CULTURAL HERIT LAW (INTERNAT'L AND COMPARATIVE LAW - 2060)
2 credits
International Art and Cultural Heritage Law provides students with knowledge about the field of international art and cultural heritage law. While focusing on the practical and legal aspects of the international art world, the student will also be introduced to public international law and private international law, including fundamentals of international business transactions, admiralty law and intellectual property law particularly copyright. Grades will be based on class participation and a final.
Linda E. Ferreri
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INTL LITIGATION:PROCED. ISSUES (INTERNAT'L AND COMPARATIVE LAW - 2020)
3 credits
This course will explore selected procedural issues affecting foreign litigants in the United States, U.S. citizens litigating in foreign jurisdictions, and special problems which arise in multi-party complex litigation. There will be an emphasis on comparative law analysis, and course materials will include relevant U.S. and foreign statutes, treaties and conventions. The topics which will be examined include jurisdictional issues involving foreign nationals, service of process abroad, discovery abroad, recognition and enforcement of foreign judgments in the United States, and of United States judgments abroad, and different approaches to multi-party and representative litigation. In addition, comparative approaches to payment of litigation costs and attorneys' fees and court-annexed dispute resolution will also be considered. Grades are based upon a final examination. N.B. Students who take this course are not permitted to take the two-credit International Litigation Seminar.
Prerequisite: CIVIL PROCEDURE
Ettie Ward
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INTL TRADE LAW & ECONOMIC DEVL (INTERNAT'L AND COMPARATIVE LAW - 2070)
2 credits
In the increasingly globalizing world today, international trade affects economic activities of everyone. Lawyers in the 21st century, particularly those who seek to advise business clients, need to acquire adequate knowledge of the rules that govern international trade. The course offers instruction on core principles of the legal framework for international trade under current WTO regime. In addition, this course brings attention to the ever-widening gap between developed and developing countries around the world in international trade and economic development. This course provides a broad discussion of the implication of the current regulatory framework for international trade law on the economic development of developing countries and examines the need for changes with the international trading system. Grades are based upon class participation and attendance (30%) and a presentation and paper (70%).
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INTRO BANK PRACT:CASE ANALYSIS (BANKRUPTCY LAW - 5010)
2 credits
This course, open to second-year day or third-year evening staff members of the ABI Law Review, simulates the working environment of a law firm bankruptcy practice group. Students assume the role of entry-level associates who conduct time-sensitive research and writing assignments on cutting-edge bankruptcy issues. After completing a series of preliminary research and writing assignments under the supervision of the instructor, who will provide feedback and suggestions for revision, students will submit a professional-quality work product to an electronic forum. Each student will monitor the discussion of his or her posting, and update it as necessary. Drawing on the insights offered by bankruptcy practitioners through discussion on the forum, students will thoroughly research the subject of their assigned issue and prepare a first and final draft of a comprehensive office memorandum. The memorandum will be reviewed by both ABI Law Review student editors and the instructor. Their feedback will guide students through the revision process. Evaluation will be based on the quality of the research and writing, as well as participation in writing workshops conducted during the semester. This course satisfies the Advanced Practice Writing Requirement. Students using this course to satisfy the Advanced Practice Writing Requirement may not use a paper on the same subject to satisfy the Advanced Scholarly Writing Requirement.
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INTRO TO INTELLECTUAL PROPERTY (INTELLECTUAL PROPERTY - 2010)
2 credits
Open only to students who have not yet taken Copyright Law, Trademarks and Copyrights Survey, Trademarks and Unfair Competition or Patent Law. This is a survey course in intellectual property law. Students will learn the basic doctrines of the three major federal regimes of intellectual property (copyright, trademarks, and patents), as well as their historical and theoretical foundations. The course is a prerequisite to further study in intellectual property. Grades will be based on a final examination.
Katharina de la Durantaye
Jeremy Sheff
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INTRODUCTION TO LAW (LEGAL METHOD - 1000)
2 credits
This course introduces methods and ideas that are fundamental components of the American legal system, with an emphasis on case law analysis and statutory interpretation. A passing grade requires regular attendance and satisfactory completion of several writing assignments.
John Q. Barrett
Robin A. Boyle Laisure
Elaine M. Chiu
Vincent M. DiLorenzo
Francis J. Facciolo
Paul F. Kirgis
Anita S. Krishnakumar
Mary L. Lyndon
Patricia M. Montana
Elyse Pepper
Robert A. Ruescher
Michael A. Simons
Jeffrey Sovern
Julie E. Steiner
Ettie Ward
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INTRODUCTION TO U.S. LAW (US LEGL STUDIES FOREIGN LW GRD - 1000)
3 credits
Introduction to United States law is a course designed for LL.M. students in the Master of Laws program who have received their law degrees from foreign universities. The course provides an overview of various areas of United States law, of the U.S. legal profession, and of the U.S. judicial process. It is an introduction to the common and statutory law of the U.S. federal and state systems of law, designed to develop students' knowledge of United States legal concepts and issues in order to broaden and deepen their understanding of United States law and its process. The course will examine civil procedure, torts, contracts, property, criminal law and constitutional law. It will emphasize areas in which United States law is distinct from that of many other nations, including the federal system, judicial review, rights of those accused of crime, jury trials, punitive damages and constitutional protection of religious freedom. Teaching methods will consist of twenty-eight class sessions, with lectures and opportunity for questioning, together with reading assignments. Class attendance is required, and students are expected to be prepared. Students will be evaluated through a written final examination as well as class preparation and participation. The examination will provide the grade, subject to modification based on class participation.
Katharina de la Durantaye
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ISSUES OF RACE & GENDER IN LAW (INDIVIDUAL RIGHTS - 1050)
2 credits
This course will review Feminist Legal Theory, and Critical Race Theory and their development using recent legal, social and political commentary and case law. Topics studied will include feminist and critical race method, equality, privacy, gender/race-based discrimination, the intersections of race/gender/ethnicity, sexual harassment, hate speech, and pornography. Grades are based upon a research paper.
Cheryl L. Wade