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EMPLOYMENT LAW (LABOR AND EMPLOYMENT LAW - 1010)
3 credits
This course concentrates on employment-related rights and benefits not covered in the basic and advanced labor law courses. Areas of analysis include state and federal statutory schemes for disabling injuries and diseases (Workers Compensation and Social Security Disability Benefits), workers safety and heath (OSHA), and pensions (ERISA and Social Security Retirement Benefits). Employment-at-will is also explored. The coordinating themes throughout the course are the historical and the theoretical bases for employment-related social legislation and an ongoing inquiry into the fundamental nature of employment itself. Grades are based upon a final examination.
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LAW AND INTERPRETATION (THEORY,HIST.& STRUCTURE OF LAW - 2000)
2 credits
This course uses the freedom of the seminar format to explore judicial opinions that deal with highly contested, charged and complex legal issues. The focus is on the competing values--jurisprudential, social, political, economic, moral, religious, philosophical, personal-- expressly or implicitly contained in a text. In the interpretation of opinions, students will explore the following questions, among others: What is the factual "picture"--the historical, the legal, the social context--of the case being decided?; what does the text "mean," in every sense that can be brought to it?; which values does the author of an opinion use to reach a decision?; does the student agree with the values used by the author, or how they are employed, to reach a decision, and if so, why?; if the student disagrees with the values used by the author, which values would the student use to reach a decision and why are the chosen values better than those used by the author? The final grade will be based on classroom participation and, primarily, on a paper.
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TORTS (TORTS - 1040)
4 credits
The basic Torts course is an introduction to civil liability arising from breach of duties imposed by law, as distinguished from duties imposed by contract. The course will cover representative doctrines and theories of liability, including intentional torts, negligence and strict liability. Topics may include assault, battery, negligence, strict liability, products liability, misrepresentation, defamation and privacy. Grades are based upon a final examination.
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TORTS SEMINAR (TORTS - 1000)
2 credits
This seminar presents competing theories of tort law and explores current reform proposals. It also allows students to investigate specialized areas of tort liability in more depth than is possible in the first year torts course. Each student is required to prepare a paper of law review quality on a topic approved by the faculty member conducting the seminar. Subjects may include any aspect of tort theory or may present the state of law in one area, such as, aviation, advertising, public utilities, the operation of municipal corporations or the tort liability of professionals. Grades are based upon a research paper.