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PARTNRSHP,LLC&ALT ENTITY BANK (BANKRUPTCY LAW - 2080)
1 credits
This course considers bankruptcy issues uniquely confronting general- and limited liability partnerships and LLC's, with an emphasis on partnerships. Issues include: case commencement; scope of property of the estate; scope of the automatic stay; treatment of partnership and LLC agreements under Section 365; rights and claims between (and among) a partnership or LLC and its constituent partners or members (including a study of Section 723); discharge of individual partners' debts, and specialized plan confirmation issues. Tax issues will be touched upon, but not considered in depth. Prerequisite for J.D. students: Creditors' Rights.
John Collen
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PATENT LAW (INTELLECTUAL PROPERTY - 1030)
2 credits
This course is designed to provide the student with a knowledge of the fundamentals of patent law. Consideration is given to patentability; to the procedure for prosecuting a patent application; to an interference proceeding; to infringement; to various types of patents; to patent litigation; to matters ancillary to patent law including assignments, licenses, confidential relationships, employer-employee contracts, trade secrets, misuse and antitrust, and comparative foreign law; along with an introduction to trademarks and copyrights. Grades are based upon a final examination.
Prerequisite: INTRO TO INTELLECTUAL PROPERTY
Ronald B. Hildreth
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PATENT LAW SEMINAR (INTELLECTUAL PROPERTY - 1040)
2 credits
This is an advanced patent law course, and the course assignments include the preparation of papers that are usually required during the initial years of practice in the patent field including an opinion letter, patent specification and claims, amendment, Rule 131 and Rule 132 affidavits, complaint and answer, preparation and presentation of a detailed paper covering a specific topic in patent law including legal research, analysis of the present law and recommendations for the future, and preparation (optional) for taking examination for registration to practice before the U.S. Patent Office. Grades are based upon a research paper and other written assignments.
Prerequisite: PATENT LAW
Ronald B. Hildreth
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PENSION & EMPLOYEE BENEFITS (LABOR AND EMPLOYMENT LAW - 1000)
3 credits
This course will study the laws regulating pensions and other benefits provided to employees by private employers, with a primary but not exclusive emphasis on the Employee Retirement Income Security Act of 1974. Topics covered will include rules designed to prevent forfeiture of pension benefits, fiduciary duties under ERISA regulation of tax-qualified pension plans, the termination insurance program for pension plans, preemption of state law and a variety of issues relating to non-pension welfare benefits plans, such as those providing medical insurance. Grades are based upon short written assignments, class participation, and a final examination.
Mitchell H Rubinstein
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PENSION BENEFITS IN BANKRUPTCY (BANKRUPTCY LAW - 3000)
1 credits
This course will examine the effect of the bankruptcy of an employer on the pension benefits, both ERISA and non-ERISA, of employees. It will also examine the effect of bankruptcy on life insurance and health benefits. It will discuss when and if ERISA benefits become part of the estate of an employee who files in bankruptcy. Attention will be given to issues arising in representing the employer or individual employee when one or the other files in bankruptcy and the limits on the reach of creditors with respect to benefits otherwise available to the employee and the employee's family. Prerequisite for J.D. students: Creditors' Rights.
Lawrence F. Landgraff
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POST MORTEM ESTATE PLANNING (TRUSTS AND ESTATES - 1070)
2 credits
This course is intended to provide a student with the practical and technical aspects of handling an estate or revocable trust, beginning from the date of death through the date of formal termination. It will also include an overview of the numerous time limitations, alternatives and elections with which an executor or trustee is confronted during the administration of an estate or revocable trust. Specific attention will be given to tax and non-tax factors considered when making an election and the consequences resulting from the exercise or non-exercise of each election. Related topics will include immediate post mortem considerations, revocable trusts, preparing a federal income tax return, handling the audit of a federal estate tax return, a decedent's final income tax return, the selection of the estate's initial and final tax year, and the formal and informal settlement of an executor's accounting. Grades are based upon a final examination.
Prerequisite: TRUSTS AND ESTATES
Michael M Mariani
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POVERTY LAW SEMINAR (INDIVIDUAL RIGHTS - 1060)
2 credits
This course will explore legal issues affecting low-income people, how the legal system has responded, and changing ways of effectively advocating on behalf of low-income individuals and communities. Emphasis will be placed on social and economic justice issues, including community development, welfare law, environmental justice, predatory lending and housing issues. Grades are based upon class participation, a research paper, and a short presentation on the research paper topic.
Ann L. Goldweber
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PRE-TRIAL ADVOCACY (ADVOCACY AND LEGAL SKILLS - 1000)
3 credits
Using techniques and material developed by the National Institute for Trial Advocacy, this course deals with the preparation of a case for trial from its inception to the pre-trial conference. Topics covered include initial client conference, interviewing witnesses, written and oral discovery preliminary motions and motions in limine. Emphasis is placed on learning by doing through simulated exercises and videotape demonstrations. Grades are based upon litigation exercises. This course (with Professor Pepper or Professor Wicks only) satisfies the Advanced Practice Writing Requirement.
Oscar Holt
Elyse Pepper
William D. Wall
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PRODUCTS LIABILITY LAW (TORTS - 1030)
2 credits
The course surveys and analyzes the policies, laws, regulations, and commercial realities that shape products liability law in the United States. There will be one 2-hour class per week, divided by a 10-minute break. Grades will be based on a final examination (85%) and class participation and preparedness (15%).
Prerequisite: TORTS
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PROFESSIONAL RESPONSIBILITY (LEGAL ETHICS - 1000)
3 credits
This course studies the legal, moral and other responsibilities of lawyers. The New York Code of Professional Responsibility and the American Bar Association's Model Rules of Professional Conduct, along with cases, statutory material, secondary sources and problems, comprise the reading. The course addresses issues such as the lawyer's responsibility in civil and criminal trials; special problems of lawyers for entities, including governments and corporations; conflicts of interest, confidentiality and privilege; issues in negotiation; professional advertising and solicitation; and the lawyer's duties to improve the administration and availability of justice. Grades are based upon writing assignments, classroom exercises and a final examination.
John Q. Barrett
Marc O. DeGirolami
Robert Harrison
Janai S Nelson
Thomas O'Connor Rice
Brian Tamanaha
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PROPERTY (PROPERTY - 1080)
4 credits
This course analyzes the various types of property interests, real and personal, recognized under U.S. law, the rights and obligations of holders of property interests, and the legal bases and public policies that lead to recognition of property interests, rights and liabilities. The course may include a discussion of property rights based on possession, including adverse possession, labor, gift and purchase, as well as estates in land, concurrent interests, landlord-tenant law, and land use regulations. Grades are based upon a final examination.
Vincent M. DiLorenzo
James E. Hickey
Robert E. Parella
Jeremy Sheff
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PROSECUTION CLINIC - PART I (ADVOCACY AND LEGAL SKILLS - 2070)
4 credits
The course is limited to seniors who are selected after a screening and interview process by the professors conducting the course. Selected students must commit to the course for the full academic year. Students will spend between 12 and 15 hours per week at a District Attorney's Office. Most students will be assigned to a part in a local criminal court that has jurisdiction over misdemeanor cases. The assigned students will personally and directly handle every aspect of a misdemeanor case including witness interviews, arraignments, discovery motions, pre-trial hearings, and plea bargaining on trial and sentencing. Some students will be assigned to an Appeals Bureau and handle appeals to the Court of Appeals, Appellate Division or Appellate Term in a wide variety of felony and misdemeanor cases. The students will, where appropriate, assemble or supplement the record on appeal. They will read and analyze the record on appeal and the defendant's brief. The students will crystallize the issues and the legal approach to the issues, research the law and write the brief. The students' names will appear on the briefs. The students will also assist in the preparation of the oral argument and will be present during oral argument. Students will also be required to attend classroom sessions at the law school. Subjects covered in the classes will include suppression motions and hearings, discovery, examination of expert and police witnesses and other subjects. The two-semester Prosecution Clinic satisfies the Advanced Practice Writing Requirement.
Prerequisite: CRIMINAL LAW AND CRIMINAL PROCEDURE I
Charles S. Bobis
Scott E. Kessler
Joseph McCormack
Michael A. Simons
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PROSECUTION CLINIC - PART II (ADVOCACY AND LEGAL SKILLS - 2080)
4 credits
The course is limited to seniors who are selected after a screening and interview process by the professors conducting the course. Selected students must commit to the course for the full academic year. Students will spend between 12 and 15 hours per week at a District Attorney's Office. Most students will be assigned to a part in a local criminal court that has jurisdiction over misdemeanor cases. The assigned students will personally and directly handle every aspect of a misdemeanor case including witness interviews, arraignments, discovery motions, pre-trial hearings, and plea bargaining on trial and sentencing. Some students will be assigned to an Appeals Bureau and handle appeals to the Court of Appeals, Appellate Division or Appellate Term in a wide variety of felony and misdemeanor cases. The students will, where appropriate, assemble or supplement the record on appeal. They will read and analyze the record on appeal and the defendant's brief. The students will crystallize the issues and the legal approach to the issues, research the law and write the brief. The students' names will appear on the briefs. The students will also assist in the preparation of the oral argument and will be present during oral argument. Students will also be required to attend classroom sessions at the law school. Subjects covered in the classes will include suppression motions and hearings, discovery, examination of expert and police witnesses and other subjects. Students will receive four (4) credits per semester, 2 pass-fail credits for the clinic component and 2 letter-graded credits for the seminar component. The two-semester Prosecution Clinic satisfies the Advanced Practice Writing Requirement.
Prerequisite: PROSECUTION CLINIC - PART I
Charles S. Bobis
Scott E. Kessler
Joseph McCormack
Michael A. Simons
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PUBLIC INTERNAT'L LAW SEMINAR (INTERNAT'L AND COMPARATIVE LAW - 1070)
2 credits
The Public International Law Seminar will be an advanced examination of doctrines, principles and leading cases in international law. Each student will make an oral presentation and write a term paper. It is required that the student, in lieu of a written examination, submit a term paper which examines and discusses an important area, event or crises of great significance in the history and development of international law. Grades are based upon a research paper and an oral class presentation of the term paper.
Prerequisite or Corequisite: INTERNATIONAL LAW OR NATIONAL SECURITY AND THE LAW
Christopher J. Borgen
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PUBLIC SECTOR LABOR LAW (LABOR AND EMPLOYMENT LAW - 1060)
2 credits
This course considers the labor relations laws applicable to the public employee and the public employer. It covers the history and development of public sector labor law in the United States and in New York State with emphasis and concentration on the Public Employees Fair Employment Act, Article 14 of the New York Civil Service Law (Taylor Law). In this seminar each student leads a class discussion on a subject selected for a research paper, which is the basis of the final grade.
Anthony P. Giustino
David L. Gregory