COURSE DESCRIPTION 2012 2013

Course Descriptions 2012-2013

COURSE DESCRIPTIONS

Accounting for Lawyers

Mr. Kevin Wall,

3 credits day; 3 credits evening. The course is taught using minimal lectures relying instead on the Socratic Method as well as the use of short accounting and finance problems. Students are also introduced to financial analysis of publicly traded companies. Students must complete an extensive, "hands on" financial analysis project for a public company and its competitors utilizing traditional and online research techniques. There is a final examination; the aforementioned project and class participation is graded. Topics discussed in the course include accounting and finance concepts, statistical and financial analysis and the opportunity to develop an understanding of some of the online data services used to analyze the financial and operating results of a business. Financial Services and other students interested in understanding the issues of accounting, finance, auditing, and financial reporting commonly encountered by attorneys. The course begins with an introduction to the objectives and the mechanics of financial reporting and accounting. In addition to the traditional textual and case materials, we examine in detail the financial statements of a local publicly traded company including the balance sheet, income statement, statement of shareholder's equity, statement of cash flows, footnotes and management disclosure and analysis. We will also perform fundamental comparative financial analysis from an investor's viewpoint on several companies during the course to determine each company's financial strengths and weaknesses. The course also addresses the relationship between lawyer and auditor and reviews and analyzes recent financial reporting and financial scandals and audit failures. There will be a mid-term and final exam, representing 20% and 80% of the course grade, respectively.

Elective Course

Meets Financial Services Concentration Requirements

Final Exam Required

Administrative Law

Prof. Alasdair S Roberts, Mr. Paul H. Merry, Prof. Renee M. Landers,

3 credits day; 3 credits evening. Professor Landers: This course involves the study of the organization, function, and procedures of state and federal administrative agencies, including the investigatory, adjudicatory, rulemaking, and enforcement functions of such agencies, and the judicial review of administrative action. The course begins with an examination of procedural due process and the how courts identify the types of interests for which due process protections apply and the nature of procedures required. The text for the course is Michael Asimow and Ronald M. Levin, State and Federal Administrative Law, which provides the opportunity to compare how the relevant provisions of the federal Administrative Procedure Act and Model State Administrative Procedure Acts address the topics considered in the course. In addition to exploring practice strategies for government, private, and public interest lawyers, the course explores the position of administrative agencies in the governmental structure and the impact of the political process on administrative agencies. Teaching method: This professor uses Socratic instruction combined with the discussion of problems designed to illustrate the application of statutes and case law to administrative practice. Methods of evaluation: Paper: Approximately 40% of the course grade is based on a writing assignment distributed to students approximately midway through the semester. Papers are usually not more than 7 typewritten pages in length. Class Participation: Participating in class is a part of the learning process for all students and the professor. Regular class attendance, therefore, is encouraged. For truly outstanding participation in class, course grades may be raised by a half letter grade, e.g. from ―B-‖ to ―B‖. Examination: Evaluation for work in the course is based also on a final examination. The examination typically consists of approximately two-thirds essay questions and approximately one-third multiple choice questions and count for approximately 60% of the course grade. This examination is a limited open book examination which means that each student will be permitted to bring the required texts for the course and any notes the student has prepared. No treatises, commercial study aids or outlines, or other such materials are permitted. For a full explanation of the exam rules, please see description on prior years‘ examinations. This course involves the study of the organization, function and procedures of state and federal administrative agencies, including the investigatory, rule-making, adjudicatory, and enforcement functions of such agencies, and judicial review of administrative action. These topics are considered in the context of relevant provisions of the Administrative Procedure Act (APA)and comparable provisions of Model State APA's. Practice strategies for government, private, and public interest lawyers are explored.

Elective Course

Meets Base Menu Requirement

Meets Health/Biomedical Concentration Requirements

Final Exam Required

Admiralty

Mr. Brian P. Flanagan,

2 credits day; 2 credits evening.

The basics of American Maritime Law will be covered. Among specific issues addressed are: the jurisdiction of courts sitting in admiralty; choice of law in maritime cases; maritime remedies; collision; carriage of goods by sea; maritime liens.

Enrollment is limited: 20

Elective Course

Meets International Law Concentration Requirements

May Fulfill Legal Writing Requirement

Final Exam or Paper Required

LLM Course

Advanced Civil Procedure

Prof. Linda Sandstrom Simard,

3 credits day; 3 credits evening. The goal of this course is to engage students in a conversation about the challenges of modern litigation and the effectiveness of our civil rules in responding to these challenges. We will discuss a variety of ways to treat related claims, including voluntary or mandatory joinder, interpleader, intervener, consolidation, and transfer, and we will discuss the advantages and disadvantages of each alternative. We will also discuss the use of stays, dismissals, and anti-suit injunctions to avoid inconsistent judgments when related cases are filed in dueling jurisdictions. The final segment of the course will focus on class action litigation, focusing on the requirements for certifying a mandatory, opt out, or settlement class action, and the utility of each vehicle. I hope to create a comfortable environment that will encourage class wide discussion -- as opposed to a lecture or Socratic format. I plan to begin each class with some remarks about the topic at hand and then pose questions that will provoke conversation about the (in) adequacies of the rules in handling difficult situations. Final grades will be based upon an examination (essay and multiple choice) as well as class participation. This class will be very important to anyone seeking to pursue a career involving complex litigation, class actions, and/or impact litigation addressing important social issues (ie. civil rights, etc.). A central feature of the American civil justice system is its adversarial approach to adjudication. By placing the parties in charge of identifying the issues, collecting relevant evidence, and presenting arguments to a neutral decision maker, the pursuit of justice is placed squarely in the hands of those who are most intimately affected by the outcome. As our society has evolved and disputes have become more far reaching, the system has been stretched to accommodate increasingly complex cases involving large numbers of disparate parties. From public law cases involving important social policies such as Brown v. Board of Education, to private law actions involving injury to thousands of parties, the principles of our adversarial system are being challenged. In this course, we will build upon the fundamentals of civil procedure that you learned during first year (a helpful review for the bar), and we will consider whether the existing tools such as joinder (permissive, mandatory, class, etc), transfer (including multi district litigation), jurisdiction and preclusion are effectively responding to the demands of modern litigation.

Enrollment is limited: 16

Elective Course

Meets Civil Litigation Concentration Requirements

Advanced Copyright Law

Mr. Jerry Cohen, Mr. Mark A. Fischer,

2 credits day; 2 credits evening. The Advanced Copyright Seminar gives participants the opportunity i) to think about the future of copyright and what copyright law should be in both the new and traditional media, as well as ii) to learn the practical applications of copyright in the ‗copyright industries‘ including music, film, computer software, Internet distribution, enablement of collaborative authorship/wikis/virtual worlds, user-generated content, architecture, fine arts (visual and performance) and adjuncts of copyright law including vessel design , semiconductors/mask works, technical measures to limit access and protect copyright control information and the intersection of copyright with regulation of telecommunications. Perfection and enforcement of rights and industry traditions and protocols are explored. So, too, International aspects of copyright. The seminar has a term paper requirement in lieu of a final examination. The seminar leaders are Adjunct Professors Mark A. Fischer and Jerry Cohen. Copyright and related rights are at the heart of the software, entertainment, and new media industries. The topics covered in the course will include the development of new rights for the new media, telecommunications, use power (through the Internet and photocopying), copyright term limits, click-through and shrink-wrap licenses, copyrights in action through transactions, fair use, international copyright and database rights, copyright infringement of music, and the nuts and bolts of litigation. Co-taught by Cohen and Fischer

Prerequisite: Intellectual Property or Copyright Law

Enrollment is limited: 20

Elective Course

Meets Intellectual Property Concentration Requirements

May Fulfill Legal Writing Requirement

Final Paper Required

LLM Course

Advanced Estates, Powers and Trusts

Prof. Anthony B. Sandoe,

3 credits day; 3 credits evening.

This course studies the management and donative transfer of real and personal property, with particular emphasis on wills, powers of appointment and the private express trust. For students pursuing a career in financial and estate planning and trust administration, this course will provide a foundation for courses such as Drafting Wills and Trusts, Estate and Gift Taxation, Estate Administration, Federal Income Taxation of Trusts and Estates and Estate Planning. See also Prof. Sandoe's web page for students interested in pursuing a career in the fields of Estate Planning and Trust and Estate Administration.

Prerequisite: Trusts (formerly Fiduciary Relations)

Elective Course

Meets Health/Biomedical Concentration Requirements

Recommended for the Mass Bar

Final Project Required

Advanced Evidence Seminar

Mr. Brian Hurley,

2 credits day; 2 credits evening.

A seminar focusing upon selected problems governing the introduction of evidence in civil and criminal cases. An analysis of Federal Rules of Evidence and the proposed Rules of Evidence in Massachusetts. Each student must prepare a paper on an approved topic and the initial drafts of these papers will provide the framework for part of the seminar.

Prerequisite: Evidence

Enrollment is limited: 20

Elective Course

Meets Civil Litigation Concentration Requirements

May Fulfill Legal Writing Requirement

Recommended for the Mass Bar

Final Paper Required

Advanced International Business Transactions

Ms. Elaine M. Barlas,

2 credits day; 2 credits evening.

This course addresses issues lawyers confront when conducting and counseling clients about international business transactions, especially in developing countries. What do attorneys need to consider when their client sees an opportunity -- or need – to enter into an international business transaction? What factors should be considered in determining the form of the transaction, or whether the transaction should go forward at all? How can due diligence be conducted effectively when the other party considers due diligence an intrusion into private matters? What if there are ―invisible parties‖ – political parties, government officials, or family members? What if routine local practice raises Foreign Corrupt Practices Act issues, or if local law may require the client to act in a manner that is prohibited by the law of the client‘s home country? These are some of the questions and issues that course members will identify, address and attempt to resolve in this practice-oriented course. A final exam will be required.

Elective Course

Meets Financial Services Concentration Requirements

Meets Intellectual Property Concentration Requirements

Meets International Law Concentration Requirements

Final Exam or Paper Required

LLM Course

Advanced Legal Methods

Prof. Julie Baker,

2 credits day; 2 credits evening.

This course is for students who wish to become more effective at analyzing the law. Topics will include: 1. using persuasion theory to create more convincing legal arguments; 2. understanding the unspoken rules of legal logic to promote sound analysis; and 3. applying the various forms of legal reasoning (particularly those other than analogical reasoning) to improve legal argument. Class sessions will be interactive and discussion-based. Students will be assessed by a series of small assignments (including in-class presentation) and a take-home project. Summer 2011 course.

Prerequisite: Registration for both Persuasive Legal Writing and Advanced Legal Methods is prohibited.

Enrollment is limited: 20

Elective Course

Final Project Required

Advanced Legal Research

Prof. Elizabeth M. McKenzie, Ms. Susan Sweetgall,

2 credits day; 2 credits evening. This is a 2 credit hour class, limited to 20 students because there are 2 hands-on workshops in 20-seat computer labs. The class requires: * 1 shorter paper, reviewing a website * 1 long paper, a research guide, on a topic of your choice (can be on the same topic as a seminar paper in a different class, a law review article, or a project. But it must be approved by the professor. The research guide requires you to select, describe and review the best resources for doing research on the topic you have chosen. * 1 research log listing all the different materials you looked at and steps you took in preparing the research guide. You may have looked at a number of resources that you declined to list in the Research Guide, which includes only the true gems; this lists them ALL, briefly. * 9 worksheets through the semester, and readings for class. You are expected to discuss in class the work you did in completing each worksheet, which you complete before the class. The worksheets are the foundation of the class. At this time, the required text is Where the Law is: An Introduction to Advanced Legal Research, 3rd edition (or most recent ed.) by J.D.S. Armstrong & Christopher A. Knott (Thomson/West). Samples of both website reviews and research guides are on reserve in the library if you wish to see what they are like. Be sure to ask for those on reserve for this class, as there are some guides that are created by librarians that are quite different. This course is designed to introduce upper class law students to sources and methods of legal research that lie beyond those covered in the first year of law school, e.g., legislative history, administrative law, etc. Attention will also be devoted to effective uses of computer assisted legal research and to extralegal research tools and techniques that are such a significant part of modern legal practice. Students will be required to write/develop a Pathfinder, a research log and a brief database review on a topic of interest.

Enrollment is limited: 20

Elective Course

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

Final Project Required

Advanced Legal Writing

Prof. Herbert N. Ramy, Prof. Julie Baker, Prof. Lisa H. Healy, Prof. Ann McGonigle Santos, Prof. Kathleen Elliott Vinson, Prof. Philip C. Kaplan, Mr. James A. Janda, 3 credits day; 3 credits evening. Attorney Janda: My advanced legal writing class requires students to draft a substantial appellate brief (typically 35-45 pages). More specifically, I give students a transcript and defendant‘s appellate brief from an actual case and require them to draft, in the role of an assistant district attorney, the Commonwealth‘s brief in response to the defendant‘s brief. In addition to the format and structure of a brief, the class lectures focus heavily on legal analysis and basic grammar. I also frequently meet with students to review and critique drafts of their briefs. Professor Kaplan: This is a three credit course concentrating on legal analysis, writing, and research. The students research and write the government‘s reply brief to a defendant‘s appellate brief, on a criminal matter. The course is taught via lectures, individual student conferences, extensive written feedback on each assignment, and through in- class exercises. Students write one six page memorandum based on cases they are given. The next assignment is to write the Argument Section of the government‘s reply brief. The Argument Section is the subject of a conference between the professor and each student. The final assignment is to write the full reply brief. Each of these writing assignments is graded. Class participation is graded at 10%. Professor Ramy: In this section of Advanced Legal Writing, students will be graded based on 3 major writing assignments – a closed memo (15%) and two drafts of an appellate brief (25% and 50% respectively) – and on class participation (10%). Students must complete all writing assignments to receive credit for the course. The final draft of the appellate brief may be used to satisfy the legal writing requirement. Professor Vinson: This upper-level elective offers students the opportunity to further develop their legal analysis and writing skills through practice-oriented writing assignments. Assignments include a legal memorandum and an appellate brief, which may be used to satisfy the writing requirement, as well as provide students with writing samples. These numerous writing assignments provide students with extensive individual feedback on drafts and revisions. Individual conferences supplement the class. Legal research is also reviewed. Class is interactive, involving writing and editing exercises, peer review, group work, and guest lectures. Students are expected to participate in class. Through hands on learning students build confidence in their analytical skills and their ability to communicate their analysis in writing. A comprehensive review of the principles of good legal writing. Major assignments include drafting a legal document and writing a brief. Individual conferences supplement the lectures. STANDARDS FOR ADVANCED LEGAL WRITING COURSES The faculty has voted to encourage all students to take an advanced legal writing course during their upper-class years at the Law School. Advanced legal writing courses are courses that meet the standards set forth below. Ordinarily, an advanced legal writing course will satisfy the Upper Level Skills Requirement. See Law Suffolk University Law School website, www.law.suffolk.edu/academic/jd/skills/cfm. If so designated, it may also be used to meet the Upper Level Legal Writing Requirement. See Law School Academic Rules and Regulations 2H. 1. Advanced legal writing courses include a significant writing component. This will include at least three practice-oriented writing assignments--such as a legal memo or brief, writing exercises, a draft of a transactional document, or an opinion letter based on an analysis of appropriate legal materials such as cases and statutes. 2. The three writing assignments will total

at least fifteen pages of written work or twenty pages if the course is designated as one that can be used to meet the Upper Level Legal Writing Requirement. The written work shall be completed independently by each student in the course. 3. Students will receive extensive written feedback, on each major writing assignment, covering the substance, analysis, and writing issues reflected in the student‘s work. 4. Students will receive the opportunity to re-write one of the assignments, which may increase their final grade for the entire assignment. 5. The professor will have an individual writing conference with each student on at least one of the three writing assignments. 6. The professor will discuss a sample memorandum for at least one of the assignments, after the student papers have been handed in. 7. The grades for the writing assignments shall constitute at least fifty percent of the course grade. 8. The syllabus for the course shall include the three practice--oriented writing assignments and the approximate due dates for each. 9. The faculty member is encouraged to discuss legal writing skills and techniques with the students throughout the course. 10. Courses that provide substantially equivalent practice oriented writing experiences may be certified by the Legal Writing Subcommittee of the Curriculum Committee as Advanced Legal Writing Courses.

Enrollment is limited: 15

Elective Course

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

May Fulfill Legal Writing Requirement

Final Paper Required

Advanced Legal Writing - Employment Agreements and Disputes

Prof. Lisa H. Healy,

3 credits day; 3 credits evening. In this course, students will learn advanced research skills, persuasive and objective writing techniques and transactional drafting by following an employment law case through a variety of stages. The goal of this course is to provide students an experience similar to that which they would get working as an in-house employment attorney, while providing specific instruction to help them improve their research and writing skills. Students will draft a variety of documents such as employee policies, a non-compete agreement, demand letters, risk/benefit litigation memos for the client and a litigation-based brief. An employment attorney who has both in-house and law firm employment law experience will guest lecture. The course will be taught using lecture, simulations, student collaboration and student participation. While class participation is not graded on its own, 10% of the student‘s grade is based on ―Professionalism,‖ which includes the quality of class participation and preparation. There is no final exam in the class; 85% of the student‘s grade is comprised of three main writing assignments. The class may differ from other advanced legal writing classes in that it uses the employment law context to focus on both litigation-based and non-litigation document drafting, and that it will have significant input from an employment attorney who currently works full time as in-house employment counsel for a major Massachusetts-based company. In this course, students will learn advanced legal research skills, persuasive and objective writing techniques and transactional drafting by following an employment law case through a variety of stages. Students will draft a variety of documents such as employee policies, a non-compete agreement, demand letters, risk/benefit litigation memos for the client and a litigation-based brief. An employment attorney who has both in-house and law firm employment law experience will guest lecture. The goal of this course is to provide students an experience similar to that which they would get working as an in-house employment attorney, while providing specific instruction to help them improve their research and writing skills. STANDARDS FOR ADVANCED LEGAL WRITING COURSES The faculty has voted to encourage all students to take an advanced legal writing course during their upper-class years at the Law School. Advanced legal writing courses are courses that meet the standards set forth below. Ordinarily, an advanced legal writing course will satisfy the Upper Level Skills Requirement. See Law Suffolk University Law School website, www.law.suffolk.edu/academic/jd/skills/cfm. If so designated, it may also be used to meet the Upper Level Legal Writing Requirement. See Law School Academic Rules and Regulations 2H. 1. Advanced legal writing courses include a significant writing component. This will include at least three practice-oriented writing assignments--such as a legal memo or brief, writing exercises, a draft of a transactional document, or an opinion letter based on an analysis of appropriate legal materials such as cases and statutes. 2. The three writing assignments will total at least fifteen pages of written work or twenty pages if the course is designated as one that can be used to meet the Upper Level Legal Writing Requirement. The written work shall be completed independently by each student in the course. 3. Students will receive extensive written feedback, on each major writing assignment, covering the substance, analysis, and writing issues reflected in the student‘s work. 4. Students will receive the opportunity to re-write one of the assignments, which may increase their final grade for the entire assignment. 5. The professor will have an individual writing conference with each student on at least one of the three writing assignments. 6. The professor will discuss a

sample memorandum for at least one of the assignments, after the student papers have been handed in. 7. The grades for the writing assignments shall constitute at least fifty percent of the course grade. 8. The syllabus for the course shall include the three practice--oriented writing assignments and the approximate due dates for each. 9. The faculty member is encouraged to discuss legal writing skills and techniques with the students throughout the course. 10. Courses that provide substantially equivalent practice oriented writing experiences may be certified by the Legal Writing Subcommittee of the Curriculum Committee as Advanced Legal Writing Courses.

Elective Course

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

May Fulfill Legal Writing Requirement

Advanced Legal Writing: Civil Litigation

Prof. Sabrina DeFabritiis,

3 credits day; 3 credits evening.

A comprehensive review of the principles of good legal writing. Major assignments include drafting legal documents and writing a brief. Individual conferences supplement the lectures. In this course, students will learn advanced legal research skills, as well as persuasive and objective writing techniques by following a civil action through a variety of stages. Students will draft a variety of documents that mimic civil practice. The course will involve substantial legal research and students will produce an appellate brief at the end of the course.

Elective Course

Meets Skills Menu Requirement

Advanced Legal Writing: Civil Practice

Prof. Shailini Jandial George,

3 credits day; 3 credits evening.

In this course, students will learn advanced legal research skills, persuasive and objective writing techniques and transactional drafting by following a sexual harassment case through a variety of stages. Students will draft a variety of documents that mimic civil practice. The course will involve substantial legal research and students will produce an appellate brief at the end of the course, after receiving extensive written and oral feedback during the semester. The goal of this course is to help students improve their research and writing skills so that they will be productive civil attorneys. STANDARDS FOR ADVANCED LEGAL WRITING COURSES The faculty has voted to encourage all students to take an advanced legal writing course during their upper- class years at the Law School. Advanced legal writing courses are courses that meet the standards set forth below. Ordinarily, an advanced legal writing course will satisfy the Upper Level Skills Requirement. See Law Suffolk University Law School website, www.law.suffolk.edu/academic/jd/skills/cfm. If so designated, it may also be used to meet the Upper Level Legal Writing Requirement. See Law School Academic Rules and Regulations 2H. 1. Advanced legal writing courses include a significant writing component. This will include at least three practice-oriented writing assignments--such as a legal memo or brief, writing exercises, a draft of a transactional document, or an opinion letter based on an analysis of appropriate legal materials such as cases and statutes. 2. The three writing assignments will total at least fifteen pages of written work or twenty pages if the course is designated as one that can be used to meet the Upper Level Legal Writing Requirement. The written work shall be completed independently by each student in the course. 3. Students will receive extensive written feedback, on each major writing assignment, covering the substance, analysis, and writing issues reflected in the student‘s work. 4. Students will receive the opportunity to re-write one of the assignments, which may increase their final grade for the entire assignment. 5. The professor will have an individual writing conference with each student on at least one of the three writing assignments. 6. The professor will discuss a sample memorandum for at least one of the assignments, after the student papers have been handed in. 7. The grades for the writing assignments shall constitute at least fifty percent of the course grade. 8. The syllabus for the course shall include the three practice--oriented writing assignments and the approximate due dates for each. 9. The faculty member is encouraged to discuss legal writing skills and techniques with the students throughout the course. 10. Courses that provide substantially equivalent practice oriented writing experiences may be certified by the Legal Writing Subcommittee of the Curriculum Committee as Advanced Legal Writing Courses.

Enrollment is limited: 15

Elective Course

Meets Civil Litigation Concentration Requirements

May Fulfill Legal Writing Requirement

Advanced Legal Writing: Consumer Class Actions and Multi-District Litigation

Prof. Julie Baker,

3 credits day; 3 credits evening.

This is a 3 credit Advanced Legal Writing course with a drafting focus. Our assignments will center on the topics of Consumer Class Actions and Multi-District Litigation (MDL). We will begin by drafting a Massachusetts 93A Demand Letter and Complaint, which will then be subsumed by (or dismissed in favor of) a larger class action/MDL. The major writing assignment will be a Summary Judgment Motion and Memorandum, the satisfactory completion of which will satisfy the Legal Writing Requirement. Summer 2011 course.

Enrollment is limited: 16

Elective Course

May Fulfill Legal Writing Requirement

Advanced Legal Writing: Criminal Appellate Advocacy

Prof. Julie Baker,

3 credits day; 3 credits evening.

This class will build on the persuasive writing and advocacy skills introduced to students in LPS. We will begin with a short trial memorandum, then tackle an entire state-court criminal appeal – from reading the trial transcripts and identifying legal issues to researching those issues in primary and secondary sources (in the books and online); and then doing a first draft and a rewrite of an appellate brief. The class will meet twice per week for 3 credits, and the final brief may be used to satisfy the Legal Writing Requirement.

Enrollment is limited: 16

Elective Course

May Fulfill Legal Writing Requirement

Final Paper Required

Advanced Legal Writing: Criminal Topics

Prof. Ann McGonigle Santos,

3 credits day; 3 credits evening. Students will develop their research and writing skills by researching and writing 2-3 shorter memoranda which are related to a single criminal case. The course will address substantive and procedural issues related to criminal matters, such as suppression of statements, admissibility of evidence, and other constitutional issues. Students will be able to choose whether they represent the Defendant or State in preparing their memoranda. In this course, students will develop their research and writing skills by writing 3-4 shorter memoranda which are related to a single criminal case. The course will address substantive and procedural issues relating to criminal matters, such as suppression of statements, admissibility of physical evidence, and other constitutional issues. Specifically, students will be responsible for reviewing transcripts, police reports, witness interviews and other miscellaneous reports to assist them in preparing their memoranda. STANDARDS FOR ADVANCED LEGAL WRITING COURSES The faculty has voted to encourage all students to take an advanced legal writing course during their upper-class years at the Law School. Advanced legal writing courses are courses that meet the standards set forth below. Ordinarily, an advanced legal writing course will satisfy the Upper Level Skills Requirement. See Law Suffolk University Law School website, www.law.suffolk.edu/academic/jd/skills/cfm. If so designated, it may also be used to meet the Upper Level Legal Writing Requirement. See Law School Academic Rules and Regulations 2H. 1. Advanced legal writing courses include a significant writing component. This will include at least three practice-oriented writing assignments--such as a legal memo or brief, writing exercises, a draft of a transactional document, or an opinion letter based on an analysis of appropriate legal materials such as cases and statutes. 2. The three writing assignments will total at least fifteen pages of written work or twenty pages if the course is designated as one that can be used to meet the Upper Level Legal Writing Requirement. The written work shall be completed independently by each student in the course. 3. Students will receive extensive written feedback, on each major writing assignment, covering the substance, analysis, and writing issues reflected in the student‘s work. 4. Students will receive the opportunity to re-write one of the assignments, which may increase their final grade for the entire assignment. 5. The professor will have an individual writing conference with each student on at least one of the three writing assignments. 6. The professor will discuss a sample memorandum for at least one of the assignments, after the student papers have been handed in. 7. The grades for the writing assignments shall constitute at least fifty percent of the course grade. 8. The syllabus for the course shall include the three practice--oriented writing assignments and the approximate due dates for each. 9. The faculty member is encouraged to discuss legal writing skills and techniques with the students throughout the course. 10. Courses that provide substantially equivalent practice oriented writing experiences may be certified by the Legal Writing Subcommittee of the Curriculum Committee as Advanced Legal Writing Courses.

Enrollment is limited: 15

Elective Course

Meets Civil Litigation Concentration Requirements

May Fulfill Legal Writing Requirement

Advanced Legal Writing: Innocence Project Seminar

Prof. Stephanie Roberts Hartung,

3 credits day; 3 credits evening.

Will provide an opportunity for students to improve their legal research and writing skills while doing pro bono case work for the New England Innocence Project (NEIP). The Innocence Project is a national organization dedicated to exonerating wrongfully convicted people through DNA testing and reforming the criminal justice system to prevent future injustice. The broad focus of this course is on the potential for wrongful convictions in the American criminal justice system. In particular, we will discuss whether the criminal justice system results in significant numbers of individuals wrongly convicted of crimes they did not commit. In doing so, we will study selected topics in criminal procedure including methods of police investigation, interrogation and identification of suspects, and post-conviction procedures for challenging criminal convictions. This course will be structured around work on an active NEIP case. This work will involve reviewing extensive court documents including police reports, trial transcripts, witness statements and other investigative and scientific reports relating to the case. It may also involve conducting additional investigation, if necessary. Our class will work as a team to evaluate the strength of the innocence claims and each student will ultimately write a motion for a new trial

Enrollment is limited: 15

Elective Course

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

May Fulfill Legal Writing Requirement

Final Paper Required

Advanced Real Estate Transaction Case Study Seminar

Mr. Robert Fishman,

2 credits day; 2 credits evening.

This course will expose students to the world of real estate law by following a single complex Massachusetts real estate transaction from beginning to end, specifically the development of a campus for a senior continuing care retirement community and an associated private school, looking at key documents from the perspective of each of the various parties involved, as well as examining some public law issues involved. At the same time, attention will be paid to aspects of various legal skills required to effectuate the transaction, including counseling, negotiation, drafting (both dispositive and explanatory), advocacy, litigation, strategic thinking, and careful organization. The objective will be to provide students with an example of the real life application of some of the basic property law concepts they learned in the first or second year, and also help them to develop some of their practical legal skills. NOTE: For students who have already taken the basic course in property given by Professors Baker and Fishman, this course will analyze some of the same materials; however, this course also will address such other topics as drafting and negotiation of purchase and sale agreements, loan documents and closings, leasing, and more materials on zoning and permitting. This smaller class will also allow for a more in-depth analysis of all materials and more class participation through drafting and negotiation exercises. Class is limited to 20 students. The class grade will be based upon a combination of class assignments and exercises during the semester, including such skills as drafting and negotiation, as well as a short final examination at the end.

Enrollment is limited: 20

Elective Course

Final Exam Required

Advanced Topics in Criminal Law

Hon. Gerald Alch (Ret.),

3 credits day; 3 credits evening. This course focuses on THE PRACTICAL PRACTICE OF CRIMINAL LAW. Students are presented with trial situations which will, in whole or in part, inevitably come their way. The panic of "WHAT DO I DO NOW? is met head-on by PRACTICAL suggestions not readily available to newly ordained attorneys to whom confidence is a necessity. The course is taught by lecture. The final exam is closed book consisting of three essay questions on matters covered in class. The benefit of experience is offered to those seeking just that. The course will initially focus on the ethical and legal responsibilities of both the prosecution and the defense in a criminal case. The issues to be discussed in this context will include law enforcement contact with represented persons, use of informants, undercover operations and electronic surveillance. The course will address tactical considerations, the exercise of discretion in charging decisions and sentencing issues.

Prerequisite: Criminal Law, Constitutional Law, and Evidence

Elective Course

Recommended for the Mass Bar

Final Exam Required

Advanced Torts

Mr. Kerry Paul Choi,

2 credits day; 2 credits evening.

The focus of this course will be on advanced topics in tort law explored in greater depth than in the first year torts class. Development and analysis of liability law: intentional torts, negligence and strict liability. Injuries to relationships, including business relationships, family relationships, and other new developments. Concentrated study of advanced topics of actionable negligence. Focus is on current problems in tort litigation drawn from such substantive fields as medical malpractice, professional negligence, products liability, premises liability, business torts, and information age torts. Course will cover tort reform and retrenchment as well as the future of tort law. There will be coverage of recoverable damages and trial techniques in proving damages.

Prerequisite: Torts

Elective Course

Meets Civil Litigation Concentration Requirements

Recommended for the Mass Bar

Final Exam Required

Advanced Torts

Mr. TBA,

2 credits day; 2 credits evening.

Concentrated study of the elements of actionable negligence (duty, breach, harm, causation, both factual and legal). Emphasis is on the risk theory of negligence both as to persons and results within the risk. Focus is on current problems in tort litigation drawn from such fields as insurer's liability for bad faith delay or refusal to pay benefits, psychic injuries, premises liability, medical malpractice and professional negligence, misrepresentation and business torts. Emphasis is on elements of recoverable damages and trial techniques in proving damages.

Prerequisite: Torts

Elective Course

Meets Civil Litigation Concentration Requirements

Recommended for the Mass Bar

Final Exam Required

Agency, Partnership & The LLC

Prof. Carter G. Bishop, Prof. Jeffrey Lipshaw,

4 credits day; 4 credits evening. Professor Bishop: "Agency, Partner & LLCs". Professor Bishop has been a national reporter for four national uniform law projects concerning partnerships and LLCs as well as a member of the drafting committee on the American Law Institute Restatement of Agency. He teaches the course using one small reference textbook and posts materials to Blackboard including the major uniform law partnership, LLC and business trust acts that form the backbone of most state legislations. Assignments generally require the student to read the same topic horizontally through all the acts to study variances at the same time (e.g., entity liability shield in a general partnership, an LLP, a limited partnership, an LLLP, an LLC, and a business trust. Important cases are assigned when helpful. The course proceeds topically through the typical business entity cycle: formation, operation and liquidation. Final exam. Introduction to agency and general partnerships (GP) including other unincorporated or hybrid business organizations such as limited liability companies (LLC),limited partnerships (LP), and limited liability partnerships(LLP); as to the different entity forms, the relationship of principals, agents, and third parties; issues of formation, capital and financing, management, vicarious liability and limitations of liability, interests in property, fiduciary obligations, and dissolution. The class focuses significantly on the business context in which the legal issues arise, and students undertake in-class mock negotiation and drafting exercises. Previously known as Agency & Partnership

Elective Course

Meets Base Menu Requirement

Meets Financial Services Concentration Requirements

Recommended for the Mass Bar

Final Exam Required

Alternative Dispute Resolution

Prof. Dwight Golann,

3 credits day; 3 credits evening.

One of a lawyer's primary tasks is to resolve disputes. Most controversies are never decided by a court, but instead are settled by agreement. The ability to negotiate and mediate effectively is thus crucial for litigators as well as lawyers practicing in other contexts. This course focuses on the processes of negotiation and mediation, and to a lesser degree on arbitration and dispute resolution design. It uses a mixture of lecture, discussion, role-playing and video to give students an introduction to the theory and practice of ADR, including how to use such processes effectively on behalf of a client. Students will be required to spend three hours on a Friday afternoon during the semester in a complex role play. There will be an examination, but a significant portion of the course grade will be based on students' performance on short writing assignments and class exercises. Enrollment may be limited. Students may not enroll in both Alternative Dispute Resolution and Negotiation or Negotiation for Lawyers.

Elective Course

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

Meets Health/Biomedical Concentration Requirements

Final Exam Required

Alternative Dispute Resolution

Prof. Robert H. Smith,

3 credits day; 3 credits evening.

One of a lawyer's primary tasks is to resolve disputes. Most controversies are never decided by a court, but instead are settled by agreement. The ability to negotiate and mediate effectively is thus crucial for litigators as well as transactional lawyers practicing in other contexts. The course focuses on the processes of negotiation and mediation, and to a lesser degree on arbitration. It uses a mixture of lecture, discussion, role-playing and videos to give students an introduction to the theory and practice of ADR, including how to use such processes effectively on behalf of a client. Class attendance and participation in the role-plays and discussions are integral to the learning experience and are part of the grading criteria. There will be a final examination, as well as short written assignments and in-class exercises. Students may receive an additional credit for completing a research paper on a topic within ADR approved by the professor. Enrollment may be limited. Students may not enroll in both Alternative Dispute Resolution and Negotiation or Negotiation for Lawyers.

Elective Course

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

Meets Health/Biomedical Concentration Requirements

Final Exam Required

Alternative Dispute Resolution Seminar

Ms. Bette J. Roth,

2 credits day; 2 credits evening.

This seminar examines the role of lawyers as problem solvers. Although some disputes can only be properly resolved through trial and appeal, the vast majority of cases and controversies can be - and routinely are - resolved through alternative dispute resolution ("ADR"). In this course, students become familiar with negotiation, mediation, and arbitration, the three major components of ADR, and with their applications in various legal disputes. Essential to the seminar is active class participation and a willingness to think clearly and with disciplined creativity. Through a combination of readings, weekly short writing assignments, role plays, and class debriefings, students will start the process of developing the professional skills essential to effective legal problem solving. Students may not enroll in both ADR, Negotiation or Negotiation for Lawyers

Enrollment is limited: 20

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

Meets Health/Biomedical Concentration Requirements

American Legal History

Prof. Bernie Jones,

2 credits day; 2 credits evening. Class participation will be worth 20% of the final grade. There will be a midterm exam and a final exam. Each will be worth 40% of the final grade.

How has the law and its institutions acted as historical forces throughout American history? How have historical forces influenced the development of American law? Through the assigned readings, in-class discussion and lectures, we will learn about the development of American law from the colonial period to the present day.

Elective Course

On List of Recommended Perspectives Courses

American Legal Thought Seminar

Prof. Bernie Jones,

3 credits day; 3 credits evening.

This seminar will explore the development of theoretical perspectives within law as developed by lawyers, judges and law professors during the course of the 20th century and into the present: legal realism, process theory, law and economics, law and society, modern liberalism, critical legal studies, critical race theory, feminist legal theory and critical race feminism. The final grade will be based upon class participation, several shorter writing assignments and a final paper, which can be used to fulfill the legal writing requirement.

Enrollment is limited: 20

Elective Course

On List of Recommended Perspectives Courses

May Fulfill Legal Writing Requirement

Final Paper Required

Antitrust

Prof. Elbert L. Robertson, Ms. Mary B. Freeley, Mr. Glenn S. Kaplan,

3 credits day; 3 credits evening. Co-taught by Freeley and Kaplan

This course examines public and private enforcement, and judicial interpretation, of the laws regulating competition and monopoly. The issues on which antitrust bears include international competitiveness, industrial policy, mergers, acquisitions, and joint ventures. Other subjects include cartels, trade association activities, discounting, resale price maintenance, patent licensing, boycotts, predatory pricing, and misuse of governmental processes.

Elective Course

Meets Base Menu Requirement

Meets Financial Services Concentration Requirements

Meets Health/Biomedical Concentration Requirements

Meets Intellectual Property Concentration Requirements

Final Exam Required

LLM Course